Calistoga City Council
February 4, 2025

Economic & Planning Systems EPS PPT Presentation | 7
UPDATED FEES: MAXIMUM RESIDENTIAL
Estimated Maximum Updated Residential Fee:
$34,112 per Unit - $13.64 per Residential Square Foot
(AB 602 requires residential fees implemented on a per sq. ft. basis) Calculation based
on average home
size square
footage of 2,500
Sq. Ft,
Item #6.1.

Economic & Planning Systems EPS PPT Presentation | 8
UPDATED FEES: MAXIMUM NON-RESIDENTIAL
Estimated Maximum Non-Residential Updated Fees:
$8.25 - $16.83/ Sq. Ft. for Industrial, Retail, and Office $11,826 per Hotel Room
Item #6.1.

Economic & Planning Systems EPS PPT Presentation | 9
UPDATED FEES: EXISTING VS UPDATED MAXIMUM
Item #6.1.

Economic & Planning Systems EPS PPT Presentation | 10
Adopt Resolution to adopt the Development Impact Fee
Nexus Study, findings, Development Impact Fee Schedule
and fee adjustment methodology
Updated Development Impact Fees go into effect on March 22, 2025

RECOMMENDATION
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Feb 04 2025
Subject: Street and Sidewalk Vending Ordinance
DESCRIPTION:

First reading of Ordinance No. 775 amending the Calistoga Municipal Code (CMC) in multiple sections regarding peddling, soliciting, street and sidewalk vending, and mobile food vending activities in the City of Calistoga
RECOMMENDATION:

Consider waiving the first reading and adopting Ordinance No. 775 amending the Calistoga Municipal Code (CMC) regarding peddling, soliciting, street vending, and mobile food vending activities in the City of Calistoga.

SUMMARY:

The proposed Ordinance establishes a comprehensive program for sidewalk and street vending that aims to benefit the entire City by promoting entrepreneurship and creating economic opportunities for individuals to support themselves and their families. This program is designed to ensure the health, safety, and welfare of city residents, businesses, and visitors and adhere to State regulations (SB 946 and SB 972). The provisions of this Ordinance aim to regulate the time, place, and manner of sidewalk and street vending by introducing additional requirements that address specific public health, safety, and welfare concerns.

PROPOSED MUNICIPAL CODE AMENDMENTS:

1. Add the new Chapter 5.10, "Street and Sidewalk Vending" to Title 5, "BUSINESS TAXES, LICENSES, AND REGULATIONS"
a. This chapter establishes requirements for vending food and goods in the public rightof-way, including, but not limited to, City facilities and parking lots, to prevent traffic, enhance safety, and mitigate health hazards.
b. The new chapter outlines operational guidelines, revised terms and definitions, processes for addressing violations, and a structure for enforcement.

2. Repeal Chapter 5.12, "Mobile Food Vendors" within Title 5, "BUSINESS TAXES, LICENSES AND REGULATIONS"
a. The proposed Chapter 5.10 encompasses the provisions and regulations of Chapter

5.12 (Chapter 5.12 is specific to only "food trucks").
b. 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.

3. Repeal Section 10.36.050 "Standing or parking of Vehicles by Peddlers or Vendors" within Chapter 10.36, "Stopping, Standing, Loading, Unloading and Parking" of Title 10, "VEHICLES AND TRAFFIC"
Item #6.2.

a. The proposed Chapter 5.10 now outlines new definitions, provisions, and regulations regarding vehicles used for vending.
b. SB 946 precludes the regulation and enforcement outlined in Section 10.36.050.

4. Repeal and replace Section 12.24.020 (M) "Merchandising, Advertising and Signs" within Chapter 12.24, "Park Rules and Regulations" of Title 12, "STREETS, SIDEWALKS AND PUBLIC PLACES"
a. SB 946 precludes the regulation and enforcement outlined in Section 12.24.020 (M).

EFFECTIVE DATE:

The proposed Ordinance shall take effect 30 days from its passage.

ANALYSIS:

ESTABLISH: This proposed Ordinance establishes a comprehensive permitting and administrative program for peddling, soliciting, street and sidewalk vending, and mobile food vending, consistent with state law. Specifically:
 On September 17, 2018, California Governor Edmund Gerald Brown signed Senate Bill 946 (“SB 946”) into law, which added Chapter 6.2 (commencing with section 51036) to Part 1 of Division 1 of Title 5 of the California Government Code to prohibit a local authority from regulating sidewalk vendors, except in accordance with state law; and  On September 23, 2022, California Governor Gavin Christopher Newsom signed Senate Bill 972 (“SB 972”) into law, which amended 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, further regulating specific types of sidewalk vendors throughout the state, including within the City of Calistoga.

EXECUTE: The proposed Ordinance will allow the City to:
 Apply all city codes to all types of street and mobile food 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;
 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.

ADDRESS: The program outlined in the proposed Ordinance clarifies inconsistencies in the current municipal code and enforcement procedures to address current challenges within the City regarding street and sidewalk vending. It will also provide aid and instruction for vendors currently operating in Calistoga.

Edits made after discussion at the City Council meeting on Tuesday, December 3, 2024:
 Clarification of regulation on Caltrans right-of-way and highways in section 5.10.100 Prohibited locations and hours;
 Addition of rules around the Fairgrounds in section 5.10.100 Prohibited locations and hours; Item #6.2.

 Specified exemptions for peddling and soliciting regulations under section 5.10.190 Exemptions;
 Specified exemptions for street vending regulations under section 5.10.280 Exemptions;  City Attorney feedback and revisions provided during the final review FINANCIAL IMPACT:
 Funding for enforcement efforts and the processing of this code amendment will be in the form of staff hours spread across multiple departments.  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 Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment as this Ordinance only makes administrative changes.

ATTACHMENT(S):

ORD 775 Street and Sidewalk Vending

02.04.25 Presentation - Ord No 775
APPROVAL(S):

Greg Desmond, Planning & Building Director Approved - Jan 24 2025 Connie Cardenas, Admin. Services Director Approved - Jan 24 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 27 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 28 2025 Item #6.2.

ORDINANCE NO. 775

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AMENDING CHAPTER 12.24 OF THE CALISTOGA MUNICIPAL CODE
AND ADDING CHAPTER 5.10. “STREET AND SIDEWALK VENDING”
WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown signed Senate Bill 946 (“SB 946”) into law, which added Chapter 6.2 (commencing with section 51036) to Part 1 of Division 1 of Title 5 of the California Government Code to prohibit a local authority from regulating sidewalk vendors, except in accordance with state law; and
WHEREAS, on September 23, 2022, California Governor Gavin Christopher Newsom signed Senate Bill 972 (“SB 972”) into law, which amended 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, further regulating specific types of sidewalk vendors throughout the state, including within the City of Calistoga; and WHEREAS, the City Council desires to establish a comprehensive sidewalk and street vending program that will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families; and
WHEREAS, the establishment of a comprehensive sidewalk and street vending program under the authority provided in SB 946 and SB 972 shall ensure the protection of the health, safety, and welfare of City residents, businesses, and visitors; and WHEREAS, the City Council further declares that the provisions of this Ordinance are intended to regulate the time, place, and manner of sidewalk and street vending by providing for additional requirements directly related to objective public health, safety, and welfare concerns.

NOW, THEREFORE, the Calistoga City Council does hereby ordain as follows:

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

SECTION TWO A new Chapter 5.10, “Street and Sidewalk Vending,” shall be added to Title 5, “BUSINESS TAXES, LICENSES, AND REGULATIONS,” to read in its entirety as set forth in the attached Exhibit A.

Item #6.2.

SECTION THREE Chapter 5.12 “Mobile Food Vendors” within Title 5 “BUSINESS TAXES, LICENSES AND REGULATIONS” of the Calistoga Municipal Code is hereby repealed.

SECTION FOUR Section 10.36.050 “Standing or parking of Vehicles by Peddlers or Vendors” within Chapter 10.36 “Stopping, Standing, Loading, Unloading and Parking” of Title 10, “VEHICLES AND TRAFFIC” of the Calistoga Municipal Code is hereby repealed.

SECTION FOUR Section 12.24.020 (M) Merchandising, Advertising and Signs within Chapter 12.24 “Park Rules and Regulations” of Title 12, "STREETS, SIDEWALKS AND PUBLIC PLACES" of the Calistoga Municipal Code is hereby repealed in its entirety and replaced to read as follows:
“M. Merchandising, Advertising, and Signs.

1. To announce, advertise, or call the public attention in any way to any article, thing, refreshment, foodstuff, novelty, or service for sale or hire;

2. To paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park;

3. To practice, carry on, conduct or solicit for any trade, occupation, business or profession without the prior written permission of Director.” All other sections within Chapter 12.24 not specifically amended herein shall remain unchanged.

SECTION FIVE CEQA
The Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment as this Ordinance only makes administrative changes.

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

The City Council hereby declares that it would have passed each section, subsection, Item #6.2.

subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION SEVEN EFFECTIVE DATE
This Ordinance shall take effect 30 days from its passage and shall be published in accordance with the law in a newspaper of general circulation published and circulated in the City of Calistoga.

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

THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 4th day of February 2025, and was passed and adopted at a regular meeting of the Calistoga City Council on the 25th day of February 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Dated:

Item #6.2.

Exhibit A:

Chapter 5.10

STREET AND SIDEWALK VENDING
Article 1. General Provisions

5.10.010 Purpose.

Article XI, section 7, of the California Constitution confers on local governments the authority to adopt ordinances and regulations designed to promote the public health, safety, and general welfare of their communities. The purpose of this Chapter is to establish requirements for the vending of food and goods in the public right-of-way, including but not limited to City facilities and parking lots, to prevent traffic, enhance safety, and mitigate health hazards. The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating street and sidewalk vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated peddling, street vending, and mobile food vending in the public right-of-way contribute to traffic congestion and can impede the orderly movement of pedestrians and vehicles. The requirements set forth in this Chapter are intended to protect the public’s health, safety, and welfare by ensuring that vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, and are properly permitted with the City and licensed with other agencies.

5.10.020 Definitions.

For the purpose of this Chapter, certain words and phrases shall be construed as herein set forth below:
“Administrator” means the City Manager, or the agent, employee or designee charged with issuing the permits required by this Chapter.
“Commercial zone” means the Downtown Commercial (DC) District, Community Commercial (CC) District, and Light Industrial (LI) District as more fully defined in Calistoga Municipal Code Title 17 “Zoning.”
“Compact Mobile Food Operation” means a Mobile Food Facility that operates from an individual, a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
“Enforcement officer” means any City sworn peace officer, code enforcement officer or inspector, or other employee or agent designated with authority to enforce any provision of this code.

Item #6.2.

“Food” means and refers to any substance as defined by California Health and Safety Code Section 113781, or any successor section, as 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 term defined in California Health and Safety Code section 113791, or any successor section, as 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.
“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.
“Mobile Food Facility” shall have the same meaning as the term defined in California Health and Safety Code section 113791, or any successor section, as 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 or Compact Mobile Food Operation.
“Mobile unit” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for the purpose of Vending. “Peddler” means any Person who travels by foot or by any type of conveyance from door to door, house to house, place to place, or street to street, carrying, conveying, or transporting Food, Goods, wares, merchandise, or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who without traveling from place to place sells or offers the same for sale from any Vehicle Item #6.2.

or from any place not a permanent store building. "Peddler" also means a Person offering Goods, wares, or merchandise for sale or future delivery from a fixed place of business if the Goods, wares, or merchandise are sold during a temporary or limited period of time or seasonally.
“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 term defined in California Health and Safety Code section 113791, or any successor section, as 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” shall have the same meaning as the term defined in California Health and Safety Code section 113871, or any successor section, as 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” has the same meaning as set forth in Government Code section 51036(b) and includes a sidewalk 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, 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.

Item #6.2.

“Stationary Vendor” has the same meaning as set forth in Government Code section 51036(c) and includes a sidewalk Vendor who Vends from a fixed location. “Street Vendor” is a type of Vendor who Vends from a Mobile unit, or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance, 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, or mobile Food Vending activities within a Public right-of-way or on any street, sidewalk, alley, walkway, or pedestrian path available to the public anywhere within the City without first having obtained a Vendor Permit from the Administrator pursuant to this Chapter.

B. Any Vendor Permit issued pursuant to this Chapter shall automatically expire, terminate, and be of no further force and effect at 10:00 p.m. on December 31st of each year.

C. Any Vendor Permit issued pursuant to this Chapter is nontransferable.

5.10.040 Application Requirements.

A Vendor Permit may be approved and issued by the Administrator, provided that the Administrator determines the applicant has met the following requirements:

A. Any Person seeking a Vendor Permit must complete an application on a form provided by the City accompanied by the fees established by resolution of the City Council. The application form will include, at a minimum, the following information:

1. A copy of a California driver's license or identification number, an individual Item #6.2.

taxpayer identification number, or a Social Security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4);

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

3. If the sidewalk Vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation;

4. A statement of the type of Goods, wares, merchandise, Food, beverages, or services to be peddled, solicited, or Vended;

5. Description and quantity of Vehicles the Street and Mobile Food Vendor applicant intends to operate, along with a copy of the current registration of each Vehicle;

6. Description and quantity of the Mobile units the Street and Mobile Food Vendor applicant intends to operate;

7. The location(s) at which the Street and Mobile Food Vendor applicant intends to operate and whether the Street and Mobile Food Vendor intends to operate as a Stationary or Roaming Vendor;

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

9. A current business license issued by the City;

10. Proof of a valid California Department of Tax and Fee Administration Seller's Permit and additional licenses from state or local agencies to the extent required by law.

11. Proof of a valid Health Department Permit and California Retail Food Code compliance for Food-related Vending, if applicable.

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

13. 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;(

14.Completed, City provided live scan request form signed by live scan operator;

15. A statement as to whether or not the applicant has ever had any license or Permit issued by any agency or board, City, county, or state revoked or suspended or has had any professional or vocational license or Permit revoked or suspended, and the reason(s) for the revocation(s).

16. A declaration that the sidewalk Vendor shall comply with all applicable federal, state, and local laws; and

17. A declaration that the information provided to the City is true and correct.

Item #6.2.

B. 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.

C. Upon receipt of a completed application, the Administrator will conduct an investigation of the application and may issue a Vendor Permit to the Vendor applicant within thirty (30) days of its receipt if the Administrator 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. All applicable provisions of this Chapter have been or will be met; and

4. 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.

D. The Administrator may deny the application if it is inaccurate, incomplete, or unable to meet the requirements of subsection (D) of this section or if no application fee has been submitted.

E. The Administrator may revoke or suspend 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 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 Chapter during the term of the Vendor Permit.

F. Any denial, suspension, or revocation of a Vendor Permit application may be appealed to the City Council pursuant to the provisions of Chapter 1.20 CMC Appeals.

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 displayed conspicuously at all times on the Street Vendor’s Vehicle and at the location of the sidewalk Vendor.

5.10.060 Operational requirements.

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 Item #6.2.

Vehicles shall not be stored on public property and shall be removed from public property when not in active use by a Vendor.

C. 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.

D. 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.

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.

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-entertainment 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; Item #6.2.

B. Causing any loud or unnecessary noise in a manner that violates the General Noise Regulations 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. 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.

B. 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 Chapter 10.5 (commencing with section 47000) of Division 17 of the California 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 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 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.

C. In order to protect pedestrian health and safety and to accommodate public street access, parking, and traffic, Street and Mobile Food Vendors shall be subject to the conditions set forth below:

Item #6.2.

1. Street and Mobile Food Vendors shall not operate in a manner where the operation, Vending equipment, and queuing of patrons obstruct the right-ofway, 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 of 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. Pursuant to the California Streets and Highways Code, section 731, no Street or Mobile Food Vendor may park or be located wholly or partly within any state highway or state right-of-way.

4. No Street and 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 with speed limits 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; or
h. Fire hydrant or location to which law enforcement or emergency services Personnel require unimpeded access.

5. No Street and Mobile Food Vendor shall operate within fifty (50) feet of an 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.

6. No Street and Mobile Food Vendor shall operate within two hundred (200) feet of a:
a. Fire station;
b. Police station; or
c. Place of worship.

7. Vendors are prohibited from sidewalk Vending in parks and within two hundred (200) feet of other City-owned facilities and event spaces that have exclusive, signed concession agreements. The Administrator shall maintain a list of parks and facilities with an exclusive concession agreement and provide a copy of such list with the issuance of any Vending Permit.

Item #6.2.

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

9. A Mobile Food Vendor may Vend on private property if the Vendor has written permission from the property owner.

5.10.110 Violations – Penalties
A violation of this Chapter by a Vendor is subject to an administrative citation pursuant to Chapter 1.28 CMC“Administrative Citations” as follows:

A. For Vending without a valid license or Permit:

1. An administrative fine of $250 for a first violation.

2. An administrative fine of $500 for a second violation within one year of the first violation.

3. An administrative fine of $1,000 for a third violation and each subsequent violation within one year of the first violation.

4. Upon proof of a valid Permit issued by the City before such fines are due, the City will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.

B. For all violations of this Chapter other than Vending without a valid license or Permit as outlined in subsection A above:

1. An administrative fine of $100 for a first violation.

2. An administrative fine of $200 for a second violation within one year of the first violation.

3. An administrative fine of $500 for a third violation within one year of the first violation.

4. An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or Permit.

C. The City will provide the Person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

D. If the Person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of fines assessed pursuant to this section. Additionally, the Hearing officer 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.

E. Any Person may appeal any administrative citation issued for violations of this Chapter pursuant to the procedures described in Chapter 1.28 CMC “Administrative Citations.”
F. All administrative fines imposed shall be subject to the City's authority to use any civil remedy available to collect any unpaid administrative fine. No interest Item #6.2.

charges, late charges, or other fees shall be imposed for an administrative citation issued as a result of a violation of this Chapter.

Article 2. Peddlers and Solicitors

5.10.150 Operational regulations
In addition to the General Provisions provided in Article 1 of this Chapter, the following additional conditions and regulations shall apply to Peddlers and Solicitors within the City:

A. Every Peddler or Solicitor and their agents, employees, and representatives shall, at all times when engaged in peddling or soliciting activities, have in his/her immediate possession the Permit issued under the provisions of Chapter, and when so soliciting or peddling shall display the same upon demand of any law enforcement officer and upon demand of any Person to who the Peddler or Solicitor is peddling or soliciting
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 Administrator or approved under a Special event operating with a Permit issued by the City.

5.10.160 Locations.

In addition to the requirements established in section 5.10.100 of this Chapter, 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 sections

5.10.180 of this Chapter.

5.10.180 Enforcement.

Notwithstanding anything in this article, 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.

Item #6.2.

5.10.190 Exemptions.

The provisions of this Article shall not apply to any Solicitor soliciting on behalf of any religious, charitable, educational, youth, or political organization or to any Person who is exempt from the provisions of this Chapter by virtue of the Constitution or statutes of the United States of America or of the State of California.

Article 3. Street Vendors

5.10.250 Operational regulations.

In addition to the General Provisions provided in Article 1 of this Chapter, the following additional conditions and regulations shall apply to Street Vendors within the City A. The Vendor Permit shall at all times be displayed conspicuously on the Street Vendor’s Person or, if applicable, on the Mobile unit. If multiple Street Vendors are staffing a Mobile unit or working as roaming Street Vendors, each Person shall display their Permit on their Person in a conspicuous manner.

B. All Goods, wares, merchandise, Food, or beverages shall be stored either inside or affixed to the Mobile unit or carried by the Street Vendor. Goods, wares, merchandise, Food, or beverages shall not be stored, placed, or kept on any public property. Mobile units left unattended on the Public right-of-way 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.

C. 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.

D. 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.

E. 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.

F. Street Vendors shall not Vend to or otherwise conduct transactions with Persons in moving Vehicles or Vehicles illegally parked or stopped.

G. Roaming Street Vendors may not operate at any permitted location for a period of time not exceeding fifteen (15) minutes.

Item #6.2.

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.

5.10.280 Exemptions.

The provisions of this Article shall not apply to any goods, wares, merchandise, Food, or beverages Vended by a qualified nonprofit youth organization on an irregular or intermittent basis, provided the profits from such sales are used solely and exclusively in the furtherance of the purpose of the organization.

Article 4. Compact Mobile Food Operations

5.10.350 Operational regulations
In addition to the General Provisions provided in Article 1 of this Chapter, the following additional conditions and regulations shall apply to Compact Mobile Food Operations within the City:

A. The Vendor Permit shall at all times be displayed conspicuously on the Vendor’s Person or, if applicable, on the Mobile unit.

B. Compact Mobile Food Operations shall conduct only” Limited Food preparation,” as defined in California Health and Safety Code section 113818 or its successor provision. 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 are stored consistent with Part 7 of the California Health and Safety Code “CALIFORNIA RETAIL FOOD CODE” and Napa County Department of Environmental Health regulations at all times.

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

4. The Compact Mobile Food Operation shall not sell “Potentially hazardous Food” as that term is defined in Article 1 of this Chapter or whole produce or conduct any Food preparation unless it meets the applicable operational requirements of Part 7 of the California Health and Safety Code “CALIFORNIA RETAIL FOOD CODE” and Napa County Department of Environmental Health regulations including applicable requirements for integral equipment, handwashing, and restroom access.

Item #6.2.

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 one’s Person, in lieu of a Mobile unit, shall not conduct any Food preparation or sell potentially hazardous 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.

5.10.380 Inspection.

The City shall have the authority to inspect a Compact Mobile Food Operation during the facility’s hours of operation and at other reasonable times for the purpose of determining compliance with this Chapter. The City may recover the costs of investigation and enforcement of this section.

Article 5. Mobile Food Vending Vehicles

5.10.450 Operational regulations.

In addition to the General Provisions provided in Article 1 of this Chapter, the following additional conditions and regulations shall apply to Mobile food Vendors operating from a Mobile Food Vending Vehicle:

A. The Vendor Permit and Health Permit shall at all times be displayed conspicuously 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 operating from a Mobile Food Vending Vehicle shall maintain compliance with all applicable provisions of the California Health and Safety Code, California Retail Food Code, and the Calistoga Municipal Code. 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 Item #6.2.

where there is a minimum of 25 feet of clearance from combustible brush or vegetation in order to maintain adequate fire safety. Cooking or use of any appliance with an open flame outside of a Vehicle is prohibited. All electrical appliances, cords, and fixtures used by a Mobile Food Vendor shall be in good repair and listed for exterior use.

D. The owners of any mobile Food Vending Vehicle operating in the City shall be deemed responsible for ensuring that the Vendor obtains all necessary licenses and Permits required for the service of Food and beverages, including all required Permits from the County Environmental Health Division. The Mobile Vending Vehicle must be in compliance with applicable motor Vehicle laws, and the operator must have the appropriate license classification for operating such Vehicle.

E. Mobile Food Vendors shall provide trash, recycling, and compost receptacles for customer use on-site.

5.10.460 Locations.

In addition to the requirements outlined in section 5.10.100 of this Chapter, Mobile Food Vendors shall adhere to the following additional requirements:

A. 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. 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.

C. Mobile Food Vendors are prohibited from Vending in the Public right-of-way abutting a parcel with residential occupancy.

D. Mobile Food Vending Vehicles may also conduct Vending in the following specifically designated locations within the Public (P) district, except when the designated location is within two hundred (200) feet of a Special event operating with a Permit issued by the City:

1. Logvy Park at 1401 N Oak St, Calistoga, CA 94515, in the rear of the parking lot only

2. Fairgrounds at 1435 N Oak St, Calistoga, CA 94515, at the main entrance only

3. Fairgrounds at 2025 Grant St, Calistoga, CA 94515, on the entrance driveway only

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.

Item #6.2.

5.10.480 Inspection.

The City shall have the authority to inspect a Mobile Food Vending Vehicle during the facility’s hours of operation and at other reasonable times for the purpose of determining compliance with this Chapter. The City 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.

5.10.490 Number of Mobile Vehicle Vending Permits.

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.

Item #6.2.

Item #6.2.

STREET & SIDEWALK VENDING
City Council
Tuesday, February 4, 2025
Item #6.2.

VENDOR TYPES DEFINED
1/28/2025 STREET & MOBILE FOOD VENDING 3
PEDDLER: Goes to private residences to sell
products in their possession, no mobile unit
SOLICITOR: Goes to private residences to take
orders for products, no mobile unit
STREET VENDOR: Operates in public right-ofway from a mobile unit or one’s person MOBILE FOOD VENDOR: Operates a CMFO or
mobile food vending vehicle

TYPE WHERE WHAT HOW
PEDDLER Door to Door Sell goods in
their possession
By foot, no
mobile unit or
vehicle
SOLICITOR Door to Door Take orders for
goods
By foot, no
mobile unit or
vehicle
STREET
VENDOR
Public
Right-of-Way
Sell goods in
their possession
On person or
mobile unit

MOBILE FOOD
VENDOR
Public
Right-of-Way
Sell food &
beverages in
their possession
On person,
mobile unit, or
food truck
Item #6.2.

REQUIREMENTS FOR ALL TYPES
1/28/2025 STREET & MOBILE FOOD VENDING 4

1. Vendor Permit
• Proof of General Liability Insurance
• Proof of CA Seller’s Permit
• Signed Indemnity Agreement
• Signed Declaration of Compliance
• Background Check (Live Scan)
• Payment of Fees

2. Business License
• Specific to Calistoga
• Payment of Fees & Taxes
Item #6.2.

ADDITIONAL REQUIREMENTS: FOOD
1/28/2025 STREET & MOBILE FOOD VENDING 5
In addition to a Vendor Permit and a Business
License -

1. Health Permit
• Issued by Napa County Department of
Environmental Health

2. Vehicle Licensing
• CA DMV
• Proof of Approval by Napa County Health
Department for Food Service
Item #6.2.

4 UPDATES TO MUNICIPAL CODE
1/28/2025 STREET & MOBILE FOOD VENDING 6

1. Add Chapter 5.10, “Street and Sidewalk
Vending”

2. Repeal Chapter 5.12, “Mobile Food Vendors”

3. Repeal Section 10.36.050, “Standing or
parking of vehicles by peddlers or vendors”

4. Repeal & Replace Section 12.24.020 (M)(1),
“Regulations” from Title 12, “Streets,
Sidewalks and Public Places”
Item #6.2.

Item #6.2.

Item #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Connie Cardenas, Admin. Services Director
Meeting: City Council - Feb 04 2025
Subject: County of Napa Presentations
DESCRIPTION:

County of Napa presentations for VLF Swap and Property Taxes RECOMMENDATION:

Receive the Presentation
SUMMARY:

County of Napa staff presentations. Vehicle License Fee, (VLF), Swap will be presented by Bob Minahen and Property Tax presentation will be presented by Tracy Schulze.

ANALYSIS:

The future loss of revenue to the City of Calistoga for VLF forecasted in FY 26/27 FINANCIAL IMPACT:

Forecasted future revenue loss for VLF to begin in FY 26/27 in the amount of $1,026,118.

CEQA STATUS:

None
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jan 24 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 27 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 28 2025 Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Connie Cardenas, Admin. Services Director
Meeting: City Council - Feb 04 2025
Subject: County of Napa Presentations
DESCRIPTION:

County of Napa presentations for VLF Swap and Property Taxes RECOMMENDATION:

Receive the Presentation
SUMMARY:

County of Napa staff presentations. Vehicle License Fee, (VLF), Swap will be presented by Bob Minahen and Property Tax presentation will be presented by Tracy Schulze.

ANALYSIS:

The future loss of revenue to the City of Calistoga for VLF forecasted in FY 26/27 FINANCIAL IMPACT:

Forecasted future revenue loss for VLF to begin in FY 26/27 in the amount of $1,026,118.

CEQA STATUS:

None
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jan 24 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 27 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 28 2025 Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Connie Cardenas, Admin. Services Director
Meeting: City Council - Feb 25 2025
Subject: Fiscal Year 24-25 Mid-year Budget Amendments
DESCRIPTION:

Fiscal Year 24-25 Mid-year budget amendments
RECOMMENDATION:

Receive a report and consider adopting the attached resolution that amends the Fiscal Year 24-25 budget.

SUMMARY:

On June 11, 2024, the City Council adopted a balanced budget for the Fiscal Year 24-25. Mid-year budget adjustments address changes in conditions compared to when the budget was adopted as well as administratively necessary updates, including for audit purposes.

Increases in both revenues and expenditures are being recommended in several funds, as is the creation of a new fund for some of our housing revenue.

In the General Fund, the City’s primary and most flexible fund, approximately $1.1M of revenue increases are recommended and approximately $750,000 of expense increases are recommended.

Also proposed are transfers of estimated net surpluses of $1M from last year's FY 24-25 budget to Fund 10, the City Council's Infrastructure - Human and Physical fund. General Fund reserves are expected to remain at or above the City Council’s 50% policy level when taking into account the internal loan for purchase of the new fire apparatus.

ANALYSIS:

The analysis below addresses the operating funds for Fiscal Year (FY) 24-25, including the General Fund and the Special Revenue Funds.

General Fund
General Fund Revenues
The total General Fund Revenue Operating Budget adopted for the FY 24-25 was $19,681,391.

Table 1 summarizes the proposed revenue adjustments which would increase the net revenue by $1,060,056. Increasing the FY 24-25 projected revenue budget to $20,741,447.

Item #7.2.

Table 1. General Fund Revenues Increases
Budget FY 24-25
FY 24-25
Supplemental
Requests
FY 24-25
Projected
Revenues
Property Taxes 2,916,692 76,049 2,992,741
Sales Taxes 1,460,111 - 1,460,111
Transient
Occupancy Tax 11,918,346 - 11,918,346
Vehicle In-Lieu
Fees 1,027,042 - 1,027,042
Franchise Fees 330,000 125,298 445,298
Building
Permits/Fees 195,601 134,000 329,601
Reimbursement for
Fire Services 224,023 315,000 539,023
Planning Services
Fees 47,564 - 47,564
Recreation Fees 226,600 42,000 268,600
Other Taxes and
Revenues 1,210,412 265,709 1,476,121
Leases - 102,000 102,000
Transfers In 125,000 - 125,000
Total Revenues 19,681,391 1,060,056 20,741,447

1. Property Taxes: Property taxes are not finalized by the County in time for the annual budget cycle and the final tax roll has resulted in an increase in revenue compared to the initial estimates. The City’s share of the property tax revenues based on the final County tax roll increased by $76,049 (01-3201) from the original FY 24-25 adopted budget. The city receives approximately 20¢ of every dollar collected with larger shares going to local schools, community colleges and Napa County.

2. Franchise Fees: Revenues will increase by $125,298 from the original FY 24-25 adopted budget as agreements have been reviewed and increases have not been budgeted for a couple of years (01-3205).

3. Building Permit Fees: Revenues have increased $134k from the original FY 24-25 adopted budget due to an increase of building permits being issued (01-3212).

4. Reimbursement for Fire Services: Revenues increase for $315k from the original FY 24-25 adopted budget due to reimbursements from CAL-FIRE and County of Napa (01-3243.)

5. Recreation Fees: Revenues increased $42k from the original FY 24-25 adopted budget due to increase in collections of program fees primarily from non-resident youth visitors at the pool per the city council's prior change in our fee structure.

6. Other Taxes and Revenues: Revenues increased due to Police grants from California OTS grant for $55k, for personnel cost during traffic enforcement and a California Cannabis Tax grant for $77k to purchase message board from the original FY 24-25 adopted budget. Fire Item #7.2.

grant from California OTS for $55k to purchase hydraulic vehicle extraction tools, also known as “jaws of life”. Reimbursable grants total is $187,606. Other revenue reimbursements and billings increased by $78k for a total increase of $265,709.

7. Leases: Revenues increased $102k due to agreement with Energy Vault for Microgrid.

No other revenue changes are being recommended at this time. For reference purposes, “Other Taxes and Revenues” include Document Transfer, Manufacturing, Prior Year Secured Taxes, Business Licenses, Other Licenses and Permits, Delinquent Charges, Encroachment Permits, Fines, Investment Earnings, Polices Service Reimbursements, Overhead, and Plan Check Fees.

General Fund Expenditures
A total of $750,070 in additional FY 24-25 expenditures are recommended. Exhibit A has a detailed summary of the 41 general ledger accounts with increases and decreases in expenditures.

The amount of $686,652 for the largest increases are listed below on Table 2. The amount of other expenditure increases for $63,418 are detailed in Exhibit A. The surplus balance of $309,986 is estimated.

Table 2. General Fund Expenditure Increases
Budget FY 24-25
FY 24-25
Supplemental
Requests
FY 24-25 Projected
Expenditures
Police Grant Overtime 150,000 76,096 226,096
Police Grant Supplies 20,000 10,152 30,152
Police Grant Contract 100,000 46,357 146,357
Fire Grant 0 83,035 83,035
Overtime Fire
reimbursable 475,000 175,000 650,000
Salaries & Benefits 107,601 107,601
Unfunded Liability 899,378 115,000 1,014,378
Insurance Premiums –
CIRA 1,339,765 49,361 1,389,126
Contract 40,000 95,000 135,000
Audit Services FY 22-
23 and 23-24 66,825 40,000 106,825
Affordable Housing
Contracts 110,950 (110,950) .00
Total Expenditures 3,201,918 686,652 3,888,570

1. Reimbursable Grants: Expenditures increased due to Police grants from California OTS grant for $55k, for personnel costs during traffic enforcement and a California Cannabis Tax grant for $77k to purchase a message board. Fire grant from California OTS for $55k to purchase hydraulic vehicle extraction tools, also known as “jaws of life” with a cost of $83,035.

2. Overtime Fire Reimbursable: Fire overtime for $175,000 which is reimbursed by CAL FIRE.

3. Salaries and Benefits: Expenditure increased due to the annual increase in health insurance by $27k, an adjustment in retiree health for $28,048, and a city manager salary adjustment Item #7.2.

for $30,384 and inclusion of benefits of $22,169 that has been inadvertently left out of the original budget.

4. Unfunded Liability and Insurance Premiums: Expenditures increased due to annual increases in Unfunded Liability for $115k. Liability insurance premiums increased by $49,361.

5. Contract: Expenditures increased due to an increase in recruitment and labor negotiations for $95k and carryover of $40k to complete FY 22-23 and FY 23-24 Audits.

6. Affordable Housing: Transfer General Fund expenditures to Affordable Housing Measure D (TOT) fund for City of Napa Housing in the amount of $53,950; Fair Housing for $12,000, and Housing Element for $45,000.

Additional Budget Changes
Additional General Fund budget changes not needing City Council approval will be made administratively within each department. Salary savings and/or overall budget savings in each department are expected to cover any increase in other areas within each budget. Exhibit A shows a summary of all General Fund expenditure decreases and increases.

FY 23-24 SURPLUS
Table 3 illustrates the proposed changes and the “Transfer Out” from the General Fund.

Table 3. Surplus in General Fund
Budget FY 23-24 FY 23-24
Over budget amount
FY 23-24 Unaudited
Final
Revenues
Property Taxes 2,579,099 324,716 2,903,815
Sales Tax 1,365,819 86,817 1,452,636
Transient Occupancy
Tax (TOT) 11,404,234 478,155 11,882,389
Franchise Fees 290,000 165,298 455,298
Total Revenues 15,639,152 1,054,986 16,694,138
City staff is proposing a Transfer Out in the amount of $1,000,000 from the General Fund to Infrastructure – Human and Physical fund #10 for FY 23-24 per the city council's priorities. The fund balance for Fund #10 is estimated to be $1,284,219 for FY 24-25.

Table 4: Fairgrounds Fund #70 from Fund #10 Infrastructure – Human Physical Table 4. illustrates the transfer from Fund #10 Infrastructure - Human Physical to Fairground Fund #70 for the amount of $408,879 for FY 24-25. The mid-year amount for Fairground Fund is $208,275. The fund balance for Fund #10 is estimated to be in the amount of $1,397,319 for the end of FY 24-25.

If, in the future, the City needs the portion of the public right-of-way used for the improvements for purposes other than benefiting other private developments, the property owner must remove the sediment interceptor device, repair any damage to the public right-of-way, and install a device of equal size within their property at their own expense, within 180 days of notification.

Item #7.2.

Fairgrounds expenditure increases for account #4401, Materials and Supplies, include cleaning supplies, fencing repairs, patching trip hazards, and $20k to purchase tables and chairs needed for rentals in Tubbs building; for account #4402, Contract Services, include legal fees and safety services, $29k for an agriculture event for state grant eligibility; for account #4424, Health and Safety, include purchases of fire extinguishers and first aid supplies.

Fairgrounds revenue increases include $120k for RV park; $17k for Interim Rentals; $16,800 RV TOT and $6k for Leases.

Table 5: Affordable Housing Fund #78 from Fund #XX Measure D (TOT) to be created Table 5 illustrates the transfer from Fund #78 Affordable Housing to Fund for Measure D (TOT) to be created. Allowing the second payment for the purchase of Earl St. lot in January of 2019 for $250,000 to be booked under the new Measure D (TOT) fund. This adjustment would leave fund #78 with a balance of $190,414 at year-end FY 23-24.

The new Measure D (TOT) Fund would have a current loan approved in 2020 for Lincoln apartments in the amount of $2 million to be transferred into the respective DIF funds. The 1405 Cedar St. loan in the amount of $400k and the $110,950 for housing expenditures to be transferred from the General Fund budget will leave a balance of $2,415,590.

Item #7.2.

City Staff has identified expenditures budgeted in General Fund that will be budgeted in the Affordable Housing Fund in the amount of $110,950. The expenditures included are the following:
 City of Napa Housing $53,950
 Fair Housing $12,000
 Housing Element $45,000
FINANCIAL IMPACT:

The proposed net budget amendments to revenues and expenditures are listed below, If approved by the City Council the budget adjustment in each respective fund will be as follows:
 General Fund, leaving a surplus of $309,986 in FY 24-25 o Revenues: $1,060,056
o Expenditures: $750,070
 Fairgrounds increase in expenditures in the amount of $371,100 and increase in revenues in the amount of $162,825 brings the net expenses to $208,275.  Transfer of $1,000,000 from General Fund to Infrastructure – Human and Physical fund #10 for FY 23-24. The estimated fund balance for FY 2-25 is $1,397,319.  Affordable Housing Fund:
o Allocate transfer of funds for loan to Lincoln Apartments upon review by the City Attorney: $2 million transfer to DIF
o Keep FY 18-19 of $250,000 for purchase of Earl St. in Affordable Housing Measure D fund in order not to leave negative balance in Fund #78 o Create new fund for Affordable Housing (TOT) Measure D with an estimated fund balance of $2,415,590 at year-end FY 24-25.
o Leave Fund #78 Affordable Housing DIF and In-lieu fees with a balance of $190,414 for year-end FY 23-24
o Create an expenditure budget for FY 24-25 in the amount of $110,950 for City of Napa Housing, Fair Housing and Housing Element transferred expenditures from General Fund to new fund for Affordable Housing (TOT) Measure D. o The affordable housing loan approved in the amount of $400,000 for 1405 Cedar was added.

CEQA STATUS:

Not a project under CEQA
ATTACHMENT(S):

Attachment 1 Resolution Fiscal Year 24-25 Mid-year Budget Amendments Exhibit A FY 2024-2025 Mid-Year Budget
Exhibit B Fund 70 Fairgrounds - Operations Maintenance
Exhibit C Affordable Housing Fund - New Measure D TOT Fund FY 24-25 FY 24-25 Mid-Year Budget Amendments Presentation_02.25.2025 APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Jan 28 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 28 2025 Item #7.2.

Attachment 1
The City of Calistoga Operating Budget for Fiscal Year 24-25 RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, APPROVING MID-YEAR ADJUSTMENTS TO THE CITY’S OPERATING AND OTHER FUNDS
BUDGET FOR FISCAL YEAR 24-25
WHEREAS, the City Council of the City of Calistoga adopted an Operating Budget and Capital Improvement Program for Fiscal Year 24-25 on June 11, 2024; and WHEREAS, the City Manager has proposed the budget adjustments as described in the City Council report dated February 25, 2025 for Fiscal Year 24-25 based on the determination by city staff during the review process.

WHEREAS, the City Council has reviewed the proposed budget adjustments on January 14, 2025 for the period of July 1, 2024 through June 30, 2025 and does hereby find the recommendations to be necessary and in the City’s best interest.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the budget adjustments to the City of Calistoga Operating and Capital Improvement Budget for Fiscal Year 24-25 as set forth with the staff report hereto.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 25th day of February 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ATTEST:

YUDIANA GALVAN, City Clerk Donald Williams, Mayor
Item #7.2.

Item #7.2.

The City of Calistoga Operating Budget for Fiscal Year 24-25 Mid-Year Budget Adjustments Fiscal Year 24-45
Exhibit A
Description Adjustment
Amount
FUND DEPT OBJT OBJT Name
01 3201 Property Tax - Secured Increase (76,049)
01 3205 Franchises Increase (125,298)
01 3206 Document Transfer Tax 27,049
01 3209 Manufacturing Tax 34,348
01 3212 Building Permits Increase (134,000)
01 3213 Prior Year Secured Taxes Increase (10,500)
01 3219 1000 Encroachment Permits (20,000)
01 3229 Parking Fines (Local) (7,000)
01 3230 3 REIMB GRANTS AND CONTRIBUTIONS (187,606)
01 3243 Reimb For Fire Services Cal-Fire (315,000)
01 3245 Reimb For Public Works Services (22,000)
01 3282 Reimb For Misc. City Services (15,000)
01 3286 Aquatic Fees (27,000)
01 3289 Other Revenue Amend to reflect changes (80,000) 01 XXXX Leases Energy Vault Lease (102,000)
REVENUE TOTAL (1,060,056)
Revenue Account #
Item #7.2.

The City of Calistoga Operating Budget for Fiscal Year 24-25 Mid-Year Budget Adjustments Fiscal Year 24-45
Exhibit A
Description Adjustment
Amount
01 4107 4442 City of Napa Housing Transfer Affordable Housing (53,950) 01 4107 4454 Fair Housing Transfer Affordable Housing (12,000) 01 4107 4479 Upvalley (10,700)
01 4107 4560 Celebrate Napa In #4573 Comm. Enrichment (10,000) 01 4108 4301 Salaries Adjustment to #4402 (21,120)
01 4108 4302 Overtime Pay 1,500
01 4108 4311 Medical/Dental All Dept. Health Insurance 27,000 01 4108 4402 Contract Temp. Technician 21,120
01 4109 4443 Comm Stipend (3,000)
01 4110 4308 Part Time Wages Increase effective 01/2025 (29,100) 01 4114 4301 Salaries CM Contract 30,384
01 4114 4302 Overtime Pay 1,000
01 4114 4314 Share Savings CM Contract 22,169
01 4116 4302 Overtime Pay Grant 76,096
01 4116 4401 Material/Supply Grant 10,152
01 4116 4402 Contract Grant 41,790
01 4116 4405 Training/Travel Increase 6,567
01 4116 4440 Lab Testing 2,000
01 4117 4302 Overtime Pay CalFIRE Reimbused 175,000
01 4117 4822 Misc. Office Eqp Fire Grant $55k 83,035
01 4119 4402 Contract ABAG and LEA02 3,095
01 4119 4414 Audit Fees Finish FY 22/23 Audit 40,000
01 4119 4310 CalPERS Unfunded Liability Unfunded Liability 115,000 01 4119 4466 Celebrations Increase 10,000
01 4121 4308 Part Time Wages 1,606
01 4122 4302 Overtime Pay Increase 16,314
01 4127 4431 Fees Air Quality Generator 20,000
01 4132 4301 Salaries 3,000
01 4132 4302 Overtime Pay 4,000
01 4132 4309 Special Pay Increase 9,900
01 4138 4402 Contract NW Gen Eng 11/26 Storm 9,211
01 4152 4302 Overtime Pay 2,000
01 4152 4402 Contract Increase 9,000
01 4154 4402 Contract 1,000
01 4156 4302 Overtime Pay 1,908
01 4170 4411 Insurance Prem Increase in premiums 49,361 01 4172 4401 Material/Supply 2,000
01 4172 4402 Contract Recruit, Labor Negotiations 95,000 01 4172 4405 Training/Travel CalGov HR 4,807
01 4172 4441 Retiree Health Amend to reflect expenses 28,048 01 4405 4402 Contract (3,000)
01 4415 4401 Material/Supply Increase 1,000
01 4670 4402 Contract - Housing Element Transfer Affordable Housing (45,000) 01 5501 4915 City Hall Impv Increase 5,117
01 5570 4905 Parklets Increase 3,514
01 5592 4402 Contract Increase 2,228
01 5648 4402 Contract Increase 3,018
EXPENDITURE TOTAL 750,070
FY 24/25 Surplus (309,986)
Surplus
Expense Account #
Item #7.2.

Exhibit B
Fund # : 70 Prog #: 5592 Prog Desc:

Adopted Council Proposed Total
Acct Approved Change FY 24-25
Detail # FY 24-25 Revision for 24/25
4401 MATERIALS/SUPPLIES $78,000 $78,000
4402 CONTRACT SERVICES $450,000 $200,604 $95,500 $746,104 4403 UTILITIES $173,700 $173,700
4404 Maintenance & Repairs $10,000 $10,000
4405 TRAINING/TRAVEL $700 $700
4408 UNIFORMS $0 $0
4413 TAX & LICENSE $0
4417 FUEL/OIL $1,000 $1,000
4424 HEALTH/SAFETY $12,200 $12,200
4431 FEES $0
4510 EQUIP $0 $0
4821 MISC. $0
SALARY/BENEFITS $298,531 $298,531
REVENUE -100,000 -$162,825 -$262,825
$648,531 $200,604 $208,275 $1,057,410
Previous FY-24-25 Budget $648,531
Proposed Change $408,879
Total FY 24-25 $1,057,410
City of Calistoga
XXXX
Totals
by Account & Summary
(Subtotal each Detail Account)
24-25 Proposed Mid-Year Budget
Fairgrounds
Description of Changes
Item #7.2.

Exhibit C
City of Calistoga Fiscal Year 24-25 Budget
Estimated
Actual
Proposed
Budget
FY 23-24 FY 24-25
Beginning Fund Balance FY 23-24 3,038,815 4,075,019
Revenues
3251 Interest - 30,000
3204 Measure D Housing TOT 990,198 1,071,521
3278 Development Impact and In-Lieu Fees 7,209
3940 Proceeds of Loans - -
3289 Other Revenues 828 -
Total Operating Revenues 4,037,050 5,176,540
Expenditures
2019 Purchase of Earl St. property 250,000
-
2020 Lincoln Ave. agreement 2,000,000
-
1405 Cedar St. Loan 400,000
-
City of Napa Housing, Fair Housing,
Housing Element from Gen. Fund 110,950
Total Operating Expenditures - 2,760,950
Ending Fund Balance New Measure D FY 24/25 4,037,050 2,415,590 Fund Balance #78 DIF, In-lieu Affordable Housing (59,586) 190,414 Affordable Housing Fund (78)
Sources and Uses Summary
Item #7.2.

Item #7.2.

2 Fiscal Year 24/25 Mid-Year
Budget Update
City Council
February 25, 2025
Item #7.2.

3 Mid-Year Budget Adjustments FY 24/25
• General Fund Revenues and Expenses
• FY 23/24 Surplus
• Fairgrounds Mid-Year Adjustments
• Affordable Housing transfer and new fund
creation
Item #7.2.

4 General Fund Revenues FY 24/25
• Revenue increases:
• Property Taxes
• Franchise Fees
• Building Permits/Fees
• Reimbursement for Fire Services
• Recreation Fees
• Other Taxes and Revenues
• Leases
Item #7.2.

5 General Fund Expenditures FY 24/25
• Expenditure Increases:
• Police Grant
• Overtime Fire Reimbursable
• Salaries and Benefits
• Unfunded Liability
• Insurance Premiums – CIRA
• Contracts
Item #7.2.

6 General Fund Surplus FY 23/24
• FY 23/24 Revenue Increase:
• Property Taxes
• Sales Taxes
• Transient Occupancy Tax (TOT)
• Franchise Fees
• Year-end transfer out to Fund #10 Infrastructure –
Human and Physical
Item #7.2.

7 Affordable Housing Fund
Expenditures FY 23/24
• Expenditure for Earl Street lot.
• Loan Lincoln Ave. apartments, transfer to
Development Impact Fees
• Creation of new fund for Measure D (TOT)
Item #7.2.

8 Fairgrounds Revenues and Expenditures FY
24/25
• Revenues
• Expenditures
Item #7.2.

9 Affordable Housing Fund Expenditures FY 23/24
and FY 24/25
Item #7.2.

10 Financial Impact Summary
• General Fund (GF) revenue and expenditures
• Fairgrounds increases in revenue and expenditures
• Transfer from GF to Infrastructure-Human & Physical
Fund #10
• Affordable Housing Fund (AHF)
• Lincoln Apartments loan allocation for $2 million
• Earl St. approval for purchase from 2019 in fund In-lieu fees #78 • Creation of new Fund for Measure D (TOT)
• In-lieu fund balance of $190,414
• Create expenditure budget from GF to AHF
Item #7.2.

11 Recommended Action
The City Council:
• Receive report and consider adopting the
attached resolution that amends the Fiscal
Year 24/25 budget
• Approve the adjustments to Affordable
Housing Fund #78 which includes the
Measure D (TOT) new fund creation
Item #7.2.

12 Conclusion
Questions
Item #7.2.

1 Yudiana Galvan
From: Douglas Allan
Sent: Tuesday, February 4, 2025 12:13 PM
To: Public Comment
Cc: Lisa Gift; Donald Williams; Irais Lopez-Ortega; Kevin Eisenberg; Scott Cooper; Laura Snideman; Sheli Wright
Subject: Public Comment for meeting on 2/4/25
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 City Council,
This is a public comment for Council Meeting on 2/4/25 for Agenda Items 5.6, License Agreement; 7.2 Budget Amendments; 7.4, Fairgrounds Advisory Role; 7.5, Fairgrounds Business Feasibility Plan; and 7.6, Survey. I understand this is longer than a normal public comment but it touches upon 5 separate items because this discussion becomes even more challenging when it is conducted in separate chunks. That is my overarching point. This process needs to be comprehensive and cohesive and in context with many of the myriad complex elements of this long-term endeavor. Please accept this comment in its entirety while covering 5 agenda items.

After having a chance to review the agenda for tonight's meeting, I have some ideas and suggestions. I appreciate you reading them. Because of the way discussions of fairgrounds-related items are framed in the agenda packet, it is still unclear whether the City and Council are open to facilitating the type of process, plan, and unbiased public participation we need for this very complex and consequential project. There has been progress in that direction, for sure, (thank you!!) but I am strongly urging the Council to acknowledge and discuss the 6-step participation process I, and many others, have repeatedly offered for consideration. Until the Council articulates a coherent plan for involving the public, I am prudently apprehensive that implementing most of the options presented in the agenda packet at this stage would tend to narrow rather than encourage the kind of broad, creative input this opportunity and our community deserve.

What’s most important in this moment is to stay focused on embracing an explicit and comprehensive plan for knowledge-based public participation before we take further steps or spend further money. The foundational elements of such a plan are summarized below, and a more comprehensive plan was submitted to the city council by me for the November special meeting;

1. Provide the public with easy access (e.g., website) to the information needed to shape informed opinions.

2. Collect thorough and reliable public input, and form a public committee, to elicit local community input regarding both established and widely accepted generic community-wide goals and needs.

3. Based on the local public input received, prepare conceptual designs for a reasonable range of master plan alternatives (e.g., 3 or 4) that respond to some or all needs and objectives expressed by the community.

4. For each alternative prepare an initial financial proforma that approximates the costs of capital, operations, and maintenance over the planning horizon (e.g. 90 years). This is similar to the business feasibility plan in this agenda but I believe this type of analysis should be conducted later in the process.

Item #7.2.

2 5. Rank each alternative according to their relative responsiveness to the various needs and aspirations expressed by the community, and for each alternative provide separate explanations of costs and potential sources of revenue.

6. Circulate the rankings, financial analyses, and potential revenue sources to the public. Conduct a final round of public meetings to solicit public response.

So, in context with this type of master planning process, here are my thoughts in relation to items on the agenda for this meeting:

Proposed 6-Step Long-Term Planning Process
This approach ensures that redevelopment efforts follow a strategic, community-focused framework. By promoting a well-thought-out process, we can help guide the fairgrounds toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision we advocate in our 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than is needed now. A business plan ultimately would be needed (in fact, it is Step 4 in our proposed process), but it is premature at this initial stage of planning and could be counterproductive.

Instead, what’s needed now is a plan that clearly focuses on cultivating wide public input, and that yields a range of master plan alternatives that can be weighed by the public before choosing an alternative to then subject to a more detailed business analysis.

Citizen-Driven Steering Committee
A steering committee made up of engaged residents can play a key role in shaping the survey development process. And if properly implemented it will have a large and beneficial role in galvanizing broad community support for whichever master plan ultimately is selected to be implemented. It is imperative that the steering committee be appointed prior to taking any further actions related to developing the master plan. That includes prior to selecting the preferred vendor to advise and conduct the survey. This committee should not be solely/exclusively for the development of a survey, although that could be its first task. It should be for the entire duration of the 6-step process.

Additionally, we should not spend any more money on property maintenance or development until a master plan has been approved. The RV park is a good interim revenue generator. It appears that we will have races for two years for some additional revenue. And we need to keep the art center operational.

After that, we need to stop until there is an agreed upon master plan, and an agreed upon way to pay for whatever agreed upon plan.

Thank you,
Douglas Allan
Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Feb 04 2025
Subject: Napa Valley Transporation Authority Shuttle Services DESCRIPTION:

Consider adopting a Resolution authorizing the renewal of the Napa Valley Transportation Authority (NVTA) Agreement with the City of Calistoga to provide Calistoga Shuttle Services for a five-year time period.

RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

In June 2015, the city entered into a three-year Agreement with the Napa Valley Transportation Authority (NVTA) to establish responsibilities for both parties relative to the funding and providing public transit and shuttle services in Calistoga. The cost to Calistoga in this agreement was $2,500 per quarter. This agreement was renewed June of 2018. The 2018 Agreement described service and quarterly costs remained the same but an additional annual $5,000 capital improvement cost was added for future vehicle replacement.

The current Agreement expired on June 30, 2024. The proposed renewal Agreement is for the same level of service over a five-year time period, July 1, 2024 to June 30, 2029 with automatic extensions based upon mutual agreement of both parties (see attached Agreement). The overall costs remain the same, a quarterly cost of $2,500 and an annual capital cost of $5,000 for the future vehicle replacement.

ANALYSIS:

The City's share of the cost of the shuttle services in the amount of $10,000 per year ($2,500 per quarter) assists in funding the operation, management, marketing activities and materials, bus stop maintenance, administration, and ridership information for the shuttle service.

NVTA per the agreement will provide for the following:
1) Facilities, vehicles, and equipment.
2) Regular and ongoing maintenance of vehicles.
3) Materials and supplies.
4) Management and operation of shuttle services.
5) Marketing materials and activities.
6) Bus stop maintenance.
7) Funding, administration, and monthly reporting.

Item #7.3.

8) Management of contracted third party operational services. 9) Licenses and permits.

In addition, NVTA will continue the door-to-door service for days and hours shown in Exhibit A in the attached Agreement.

Adjustment of shuttle services are subject to mutual agreement of both parties and may be adjusted throughout the term of the Agreement to better serve the needs of passengers. Either party may recommend a change or modification of service criteria such as route changes, fares, hours of operation etc. in writing during the Agreement period. The Agreement may be terminated at any time by mutual agreement between the NVTA and the city and/or at any time by either party without cause by delivering a written notice to the other party at least 90 days in advance of the proposed date of termination.

FINANCIAL IMPACT:

The costs for the Shuttle are already included in the FY 2024-2025 Budget with $15,000 for shuttle service operations and the vehicle replacement capital improvement contribution.

CEQA STATUS:

Not Applicable
ATTACHMENT(S):

NVTA Shuttle Servcies Agreement Renewal Resolution 011425 2024 NVTA Agreement
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jan 28 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 28 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 28 2025 Item #7.3.

RESOLUTION NO. 2025–XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

AUTHORIZING THE CITY MANAGER TO REVEW THE NAPA VALLEY

TRANSPORTATION AUTHORITY SHUTTLE SERVICES AGREEMENT
WHEREAS, the Napa Valley Transportation Authority (NVTA) operates the Calistoga Shuttle services to provide local transportation for a fee: and WHEREAS, City has had an Agreement with NVTA to operate a Calistoga shuttle services since 2015; and
WHEREAS, the current shuttle services Agreement expired on June 30, 2024; and WHEREAS, City and NVTA desire to renew the Shuttle Services Agreement for a five-year term; and
WHEREAS, City agrees to pay NVTA $10,000 per year toward this service for a fiveyear term; and WHEREAS, City agrees to pay NVTA $5,000 per year toward future vehicle and equipment replacement needs for a five-year term.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga that the City Manager is hereby authorized to renew the Napa Valley Transportation Authority Shuttle Services Agreement with the City of Calistoga for $15,000 per year of the five-year term of the Agreement; 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 4
th day of February 2025. 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 #7.3.

NADA VALLEY TRANSPORTATION AUYNORIYV

AGREEMENT
between
NAPA VALLEYTRANSPORTATIONAUTHORITY(“NVTA”)
Agreement No. 24-C37
and

CITY OF CALISTOGA
This AGREEMENT (herein after referred to as “Agreement”)is made and entered into as of this ? day of July, 2024 between the NAPAVALLEYTRANSPORTATIONAUTHORIT Y (hereinafter referred to as “NVTA"),and the City of Calistoga, whose mailing address is 1232 Washington Street, CA 94515 (hereinafter referred to as "CITY",and collectively referred to as the "Parties");

RECITALS
WHEREAS, NVTA, through a prior agreement with the CITY, has been providing transit services for the City of Calistoga, California; and WHEREAS, the parties desire to enter into a new Agreement to allow NVTA to provide the CITY with the services as set forth in this Agreement, effective July 1, 2024 (“Effective Date”) and willcontinue through June 30, 2029 with automatic extensions based upon mutual agreement of both parties.

TERMS
NOW, THEREFORE, the Parties do hereby agree as follows:

1. Responsibilities of the Parties
A. NVTA, each year, will provide a fiscal year budget to the CITY. NVTAwill invoice the CITY, each quarter, $2,500 for the farebox. Invoice payments are due no later than 30 days from invoice date.

YEARS1 - 5 A. QUARTERLY
July 1, 2024 - June 30, 2029 FAREBOX
TOTAL

1. Q1 $2,500

2. Q2 $2,500

3. Q3 $2,500

4. Q4 $2,500

Item #7.3.

B. NVTA has established a local contribution capital fund to help cover the cost of new shuttles. The CITY shall contribute $5,000 each fiscal year which will be added to the Quarter 1 invoice. The capital fund contribution amount serves as local matching funds and is utilized when NVTA purchases new vehicles for use in the CITY. The type and size of the replacement vehicle will be agreed upon by NVTA and CITY staff and willadhere to NVTA’s Vine branding requirements.

C NVTAwill manage and operate transit services to serve the public of the City of Calistoga by providing service hours on days and hours most responsive to public benefit and demand. There willbe no shuttle service provided on the days below, unless arranged with NVTA at least 30 days in advance. Services will be charged to the CITY separate from this agreement, at NVTA’s usual and customary rates.

NO SHUTTLE SERVICE PROVIDED
January lst New Years Day
May 26th Memorial Day
July 4th Independence Day
September 1St Labor Day
Last Thursday of November Thanksgiving Day
December 25th Christmas Day
D. NVTAprovides the following

1. Facilities (unless other arrangements have been made), vehicles and equipment (including a two—way radio or cell phones for the vehicles) Regular and ongoing maintenance of vehicles
Materials and supplies
Management and operation of shuttle services
Marketing materials and activities
a. Pamphlets and schedules delivered to City Hall
Bus stop maintenance
Funding, administration and monthly reporting
a. Monthly Ridership Reports to City Manager and the Public Works Director upon request
Management of contracted third-party operational services Licenses and Permits
NF” 91??!“ $°9°
E NVTAwilloperate service as a demand-responsive, door-to-door service provider during service hours within the designated service area as shown in EXHIBITA.

NVTAwillrespond to call-in-trip requests on a first-call, first-serve basis. Trips wil l be grouped for efficiency, and reservations made in advance or beyond the same day will not be accepted. NVTAalso has an automated dispatch system that gives

Item #7.3.

remains
yea
customers the ability to make reservations using a cellphone application or when using the Web. The goal of the automated dispatch system is to enhance customer service by improving the predictability of the demand-response service. . Term of the Agreement.

The term of this agreement begins on the “Effective Date” on Page 1 and effective for five (5) rs to June 30. 2029. unless amended, extended, or terminated pursuant to the terms of this Agreement
. Indemnity.

Each party hereto shall indemnify, defend, and hold harmless the other party, its elected or appointed governing body, officers, agents, representatives, and employees from and against any and all actions, claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and costs arising out of, or resulting from, any act or omission of the indemnifying party in the performance of this Agreement. The provisions of this Section shall survive the expiration, termination, or assignment of this Agreement. . Termination
This Agreement may be terminated as follows:

A. By mutual agreement of the NVTA and CITY.

B. By either party at any time, without cause, by delivering written notice to the other party at least 90 days in advance of the proposed date of termination.

C. Ifthe Agreement is terminated pursuant to this Section, neither party may nullif y
obligations already incurred for performance of services prior to the date of notice or required to be performed through the effective date of termination. Any notice of termination will incorporate necessary transition arrangements, and the Parties wil l comply with all such arrangements. Payments, ifany, willbe made pursuant to Section 1A and 1B of this Agreement and the City will pay the invoice or receive a credit for services rendered through the termination date. This provision shall survive the termination of this Agreement.
. Entire Agreement
This Agreement contains the entire agreement of the Parties and supersedes any other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith.
. Applicable Law

Item #7.3.

The laws of the United States and the State of California will govern this Agreement.

6. Modifications
No changes, amendments, or alterations to this Agreement will be effective unless in writing and signed by the Parties.
7 Insurance
Through its third-party purchase transportation provider, NVTAshall maintain a policy or polices of insurance, with a solvent and responsible company authorized to do business in the State of California, insuring NVTAagainst loss by reason of injury or damage that may result to persons or property from operations or construction of such transportation service, or any other cause connected with the service provided under the term of this Agreement. Said policy shall be a minimum of five million dollars ($5,000,000) per incident, including appropriate general liabilityand auto liability. Said policy shall name CITYas additional insured and shall provide 30 days prior notice to CITY of the cancellation of any policy during the effective period of this agreement.

Upon request, NVTAwillprovide CITYwith a copy of the Certificate of Insurance with the additional insured endorsement.
8 Notices
Any mailed notice, demand, request, consent, approval or communication that either party desires to give to the other party shall be addressed to the other party at the addresses set forth below. Any notice sent by mail in the manner prescribed by this paragraph will be deemed to have been received on the dated noted on the return receipt. Changes may be made in the names and addresses of the person to who notices are to be given by giving notice pursuant to this Paragraph.

To NVTA: Executive Director To CITY City Manager
Napa Valley Transportation City of Calistoga
Authority 1232 Washington Street
625 Burnell Street Calistoga, CA 94515
Napa, CA 94559

9. Access to Records / Retention
NVTA and CITY will have access to any books, documents, papers and records of each other, which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, NVTA and CITY willmaintain all required records for at least five (5) years after all pending matters are closed.

Item #7.3.

10. Severability
If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
. Adjustments to Service
Subject to the mutual agreement of the Parties, the transit service may be adjusted throughout the term of this contract to better service the needs of passengers. NVTA or CITY may recommend a change or modification of service criteria. Modifications may include, but are not limited to, adding or deleting service areas; changing service types; modifying or eliminating time points; increasing, decreasing or changing operating hours; and expanding or decreasing vehicle service hours and/or days. In all cases, the NVTAExecutive Director and City Manager or designee(s) willagree to said changes in writing prior to (a) approval by the NVTA Board, and (b) implementation of the adjustment to Service.

12. License and Permits
NVTA, or its subcontractor, will procure at its expense, all licenses and permits as required by federal, state or local laws, rules and regulations for the performance of its obligations under this Agreement, and willcomply with all applicable laws, rules or regulations in performing its obligations hereunder.

Item #7.3.

IN WITNESS WHEREOF, NVTAand City Calistoga have executed this Agreement on the day of , day of .
“NVTA” "CITY"
NVTA, a joint powers authority organized City of Calistoga under the laws of the State of California
Kate Miller, Executive Director Laura Snideman, City Manager Approved as to Form
By BY
Osman Mufti, NVTA Legal Counsel , City Counsel

Item #7.3.

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Item #7.3.

February 3, 2025
Calistoga City Council
Calistoga, California
RE: Agenda Item 7.3: Resolution authorizing the renewal of the Napa Valley Transportation Authority (NVTA) Agreement
Dear Council Members:

You will soon be making a decision to renew the Napa Valley Transportation Authority agreement for providing shuttle services for the next five years. In this Resolution is included “...an annual $5,000 capital cost for the future vehicle replacement”. The type of vehicle is not mentioned.

Since the Fall of 2022, when the NVTA provided electric shuttle buses to other jurisdictions in the Napa Valley, members of the Green Committee urged the Council and NVTA to seek an appropriate electric bus for Calistoga as part of the Committee’s advisory function and to join county and state efforts at reducing Greenhouse Gases and pollution from gasoline burning vehicles.

In early 2024 electric powered shuttle buses of suitable size and with FTA approval came onto the market. At that time NVTA urged Calistoga to plan for “...a City-owned property where NVTA could install charging infrastructure in the future.” to support an electric shuttle bus.

I urge the council to specify in their Resolution regarding the NVTA shuttle agreement that the “future vehicle replacement” be an electric powered bus, not a gasoline powered one.

Respectfully yours,
John Gleazer
Calistoga
Antoinette Milliard
Calistoga
Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Feb 04 2025
Subject: Options for Fairgrounds Advisory Role
DESCRIPTION:

Options for Fairgrounds Advisory Role
RECOMMENDATION:

Consider Discussing the Item and Providing Staff Direction SUMMARY:

At the January 14, 2025 City Council meeting, following the city council's discussion on a statistically valid survey, staff was asked by the city council to bring an item for discussion about an advisory body for the Calistoga Fairgrounds.

When considering creating a new advisory body, the city council should consider an array of factors such as:
 The precise feedback the city council is seeking (i.e. the purview and scope of the body)  Membership (number of participants, including city council members or not, if certain constituencies should be directly represented, etc.)
 Member selection process (mayor appointed, mayor nominated with city council approving, requirement of applications or simply individuals nominated by councilmembers, lottery, interest-group appointed, public interviews or not, or other options)  The duration of the body (defined/limited-term, ending following the completion of the assigned task(s), ongoing, etc.)
 Legal requirements including the intersection with the Brown Act Some initial comments and ideas are incorporated below as a possible starting place for discussion.

Broader considerations for adding a new advisory body, beyond the logistical considerations noted above, are also included in the below analysis. With additional time, staff could develop additional, more comprehensive options based on city council and community feedback if the city council wishes more options.

ANALYSIS:

Considerations Regarding an Advisory Role at This Time
While staff has heard community interest in forming a committee to address fairground-related matters, staff has not heard consensus on the necessity, timing, or specific role of such a body at this stage. Some of the issues that have been raised include the following:

Item #7.4.

 Timing and Community Engagement – Some community members believe forming a broad committee is premature. They suggest that staff, in collaboration with a professional survey consultant, should first conduct a comprehensive survey to assess community priorities and use that information to inform additional revitalization steps and efforts. Others believe a formal advisory body at this time could best help guide the revitalization process in addition to and better than other types of community engagement.
 Staff and Resource Impacts—Depending on the purpose and scope of an advisory body, such a body may require significant staff time and resources, potentially diverting attention from the current Council-approved priorities (RV park, survey, etc.) and possibly slowing progress on existing fairgrounds activities.
 Community-Led Efforts – Several informal community groups have already mobilized around fairgrounds-related issues, including volunteer-driven improvement projects, fundraising initiatives, and broader revitalization discussions. While these grassroots activities demonstrate strong public interest and an official committee could provide greater structure, some may worry certain voices could be left out or that there may be a loss of alignment with the city council goals.
 Confidentiality and Survey Integrity—Should an advisory body be formed and the scope includes developing a survey, staff recommends great thought and care as to how the confidentiality of that survey could be ensured, necessary to maintain the integrity of the survey.

Ad Hoc or Subcommittee Options
To illustrate two possible options, including one specifically focused on the public survey, the context in which an advisory body was raised, the below options aim to balance community engagement, effective resource use, and alignment with the city’s strategic goals. The City Council has full discretion during the meeting to modify any component of the below, ask for both options to be implemented concurrently, create an entirely different option, or delay the formation of any body until further progress on the City Council's initial Fairground's priorities is made.

Option 1: Ad Hoc Fairgrounds Committee (AHFC)
The AHFC would serve as a temporary advisory body with a defined purpose to support developing, implementing, and presenting a statistically valid community survey on fairgrounds redevelopment.

Key Features:
 Timing: The AHFC would be dissolved upon task completion or by a set date (e.g., June 30, 2025).
 Structure: Follow the city's current committee structure and appointment process of a 5- member committee with the Mayor nominating members from a set of voluntary applicants and approved by the full city council.

Next Steps for an AHFC:
 Direct staff to prepare a resolution establishing the AHFC and to provide recommendations for the AHFC’s specific scope and timeframe.

Option 2: City Council Fairgrounds Subcommittee
A City Council Fairgrounds Subcommittee could be established to provide ongoing oversight of staff and the various steps in revitalizing the Fairgrounds.

Key Features:
 Composition: Two City Council members
Item #7.4.

 Purpose: Ensure revitalization efforts align with Council priorities and community needs.  Governance: Not subject to the Brown Act if the subcommittee remains temporary, focuses on a limited purpose, and does not have a formal meeting schedule set by Council action.

Next Steps for a Council Subcommittee:
 The Mayor to declare the establishment of the subcommittee.  The Mayor to appoint two City Council members to serve on the subcommittee with the concurrence of the full council.
 Direct the Clerk to publish the subcommittee’s establishment and purpose.

Comparison of the Two Options
Aspect Ad Hoc Committee Subcommittee
Composition 5 community members 2 City Council members
Duration Example - Until June 30, 2025,
or task completion
Temporary, no set schedule, to
dissolve upon Mayor's
declaration
Focus Survey development and
report presentation
Fairgrounds Alignment with
Council Fairgrounds Priorities
Brown Act Compliance Required Not required (if criteria met) Community Involvement High Moderate
Staff Demands Potentially more significant Moderate
FINANCIAL IMPACT:

Additonal staff hours to support any additional new advisory body is the only known fiscal impact.

Current staff would provide the necessary support so no additional funding need is anticipated, although progress of other projects may slow.

CEQA STATUS:

No CEQA review is required.

APPROVAL(S):

Rachel Stepp, Deputy City Manager Approved - Jan 26 2025 Connie Cardenas, Admin. Services Director Approved - Jan 27 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 31 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 31 2025 Item #7.4.

1 Yudiana Galvan
From: Marta N
Sent: Tuesday, February 4, 2025 1:29 PM
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.

We would like to go on record that we are extremely disappointed in both Mayor Williams and the City Council for their lack of action on two items which many residents of Calistoga have asked for. One is the Fairgrounds Survey and the other is the Fairgrounds Advisory Committee. We strongly feel that the community should be involved in the decisions that are being made PRIOR to those decisions being made. We have a chance to put the property to work in a way that will benefit our entire community for many years.

What do we need to do to get the survey and the advisory committee on track? Marta Naber & Lee Glowinski
Item #7.4.

1 Yudiana Galvan
From: Lana Richardson
Sent: Tuesday, February 4, 2025 11:15 AM
To: Public Comment
Subject: Public comment - fairgrounds: items 7.4; 7.6
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.

Laura Snideman, [email protected]
Sheli Wright, [email protected]
Donald Williams, [email protected]
Irais Lopez-Ortega [email protected]
Scott Cooper [email protected]
Kevin Eisenberg [email protected]
Lisa Gift [email protected]
There is a lot of excitement in the Calistoga community about having this incredible opportunity to bring the ‘Calistoga Fairgrounds’ back to life for current and future generations. When making decisions related to the property it’s important that all involved are sensitive to both the short and long-term impacts. Every decision must consider how to best address immediate as well as future needs and uses of the property.

Many have suggested creating committee(s) which include Calistoga citizens and elected officials. This appropriate and necessary to ensure the Calistoga community has a strong voice in the decisions. The committee should be formed as soon as possible and have an active role in selecting the ‘survey’ company, working with the company to form survey questions and creating a ‘master plan’ for the property renovation based on that input. The committee should remain active and participate in developing a work plan and suggesting decisions for the long-term, similar to the structure and role of other ‘advisory’ committees.

First priority must be to generate revenue to support implementation of a ‘master plan’. The RV park is an obvious source and fundamental to starting that process. However, for a long-term plan expansion and improvement of the RV park should also included.

A summary of the 6-step long-term action plan has been submitted as comment to agenda item 7.5. The long-term action plan should be the foundation of creating and implementing a ‘master plan’ for the property
Thank you for your consideration, patience and thoughtful approach to this incredible opportunity for Calistoga.

Lana Richardson
Item #7.4.

1 Yudiana Galvan
From: Douglas Allan
Sent: Tuesday, February 4, 2025 12:13 PM
To: Public Comment
Cc: Lisa Gift; Donald Williams; Irais Lopez-Ortega; Kevin Eisenberg; Scott Cooper; Laura Snideman; Sheli Wright
Subject: Public Comment for meeting on 2/4/25
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 City Council,
This is a public comment for Council Meeting on 2/4/25 for Agenda Items 5.6, License Agreement; 7.2 Budget Amendments; 7.4, Fairgrounds Advisory Role; 7.5, Fairgrounds Business Feasibility Plan; and 7.6, Survey. I understand this is longer than a normal public comment but it touches upon 5 separate items because this discussion becomes even more challenging when it is conducted in separate chunks. That is my overarching point. This process needs to be comprehensive and cohesive and in context with many of the myriad complex elements of this long-term endeavor. Please accept this comment in its entirety while covering 5 agenda items.

After having a chance to review the agenda for tonight's meeting, I have some ideas and suggestions. I appreciate you reading them. Because of the way discussions of fairgrounds-related items are framed in the agenda packet, it is still unclear whether the City and Council are open to facilitating the type of process, plan, and unbiased public participation we need for this very complex and consequential project. There has been progress in that direction, for sure, (thank you!!) but I am strongly urging the Council to acknowledge and discuss the 6-step participation process I, and many others, have repeatedly offered for consideration. Until the Council articulates a coherent plan for involving the public, I am prudently apprehensive that implementing most of the options presented in the agenda packet at this stage would tend to narrow rather than encourage the kind of broad, creative input this opportunity and our community deserve.

What’s most important in this moment is to stay focused on embracing an explicit and comprehensive plan for knowledge-based public participation before we take further steps or spend further money. The foundational elements of such a plan are summarized below, and a more comprehensive plan was submitted to the city council by me for the November special meeting;

1. Provide the public with easy access (e.g., website) to the information needed to shape informed opinions.

2. Collect thorough and reliable public input, and form a public committee, to elicit local community input regarding both established and widely accepted generic community-wide goals and needs.

3. Based on the local public input received, prepare conceptual designs for a reasonable range of master plan alternatives (e.g., 3 or 4) that respond to some or all needs and objectives expressed by the community.

4. For each alternative prepare an initial financial proforma that approximates the costs of capital, operations, and maintenance over the planning horizon (e.g. 90 years). This is similar to the business feasibility plan in this agenda but I believe this type of analysis should be conducted later in the process.

Item #7.4.

2 5. Rank each alternative according to their relative responsiveness to the various needs and aspirations expressed by the community, and for each alternative provide separate explanations of costs and potential sources of revenue.

6. Circulate the rankings, financial analyses, and potential revenue sources to the public. Conduct a final round of public meetings to solicit public response.

So, in context with this type of master planning process, here are my thoughts in relation to items on the agenda for this meeting:

Proposed 6-Step Long-Term Planning Process
This approach ensures that redevelopment efforts follow a strategic, community-focused framework. By promoting a well-thought-out process, we can help guide the fairgrounds toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision we advocate in our 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than is needed now. A business plan ultimately would be needed (in fact, it is Step 4 in our proposed process), but it is premature at this initial stage of planning and could be counterproductive.

Instead, what’s needed now is a plan that clearly focuses on cultivating wide public input, and that yields a range of master plan alternatives that can be weighed by the public before choosing an alternative to then subject to a more detailed business analysis.

Citizen-Driven Steering Committee
A steering committee made up of engaged residents can play a key role in shaping the survey development process. And if properly implemented it will have a large and beneficial role in galvanizing broad community support for whichever master plan ultimately is selected to be implemented. It is imperative that the steering committee be appointed prior to taking any further actions related to developing the master plan. That includes prior to selecting the preferred vendor to advise and conduct the survey. This committee should not be solely/exclusively for the development of a survey, although that could be its first task. It should be for the entire duration of the 6-step process.

Additionally, we should not spend any more money on property maintenance or development until a master plan has been approved. The RV park is a good interim revenue generator. It appears that we will have races for two years for some additional revenue. And we need to keep the art center operational.

After that, we need to stop until there is an agreed upon master plan, and an agreed upon way to pay for whatever agreed upon plan.

Thank you,
Douglas Allan
Item #7.4.

#4 Focused Comments of Tim Reilly on 20250204 Council Meeting Agenda Item 7.4, Fairgrounds Advisory Role
As to the need for a citizens committee, I wholeheartedly agree a steering committee made up of engaged residents can play a key role in shepherding a plan for public participation that is widely viewed as being credible. If properly implemented, the work of a citizens committee will have a large and beneficial role in galvanizing broad community support for whichever master plan ultimately is selected to be implemented.

With respect to public confidence, it is crucial that the steering committee is appointed prior to the Council taking any further actions related to developing the master plan or re-vitalizing the fairgrounds beyond those necessary to address the above-described immediate concerns. That means not selecting the preferred vendor to conduct the survey until the citizens committee is seated and charged with reviewing and commenting on the selection process and scope of work.

Finally, I’m mindful that all steering committees are not the same; they are tailored to the mission at hand. In these circumstances the role of this steering community should be to facilitate public participation in developing alternative master plans; the roles of its members should not include using the committee as a platform from which to advocate for any particular development outcome. Therefore, evaluating a candidate’s capability to encourage participation without imposing personal biases on master plan outcomes should be an essential criterion for committee selection.

Thank you for considering my comments in the spirit they are intended.

Tim Reilly
.

Item #7.4.

1 Yudiana Galvan
From: Christine Arthur
Sent: Monday, February 3, 2025 7:11 PM
To: Lisa Gift; Irais Lopez-Ortega; Scott Cooper; Kevin Eisenberg; Donald Williams; Donald Williams; Laura Snideman; Sheli Wright; Public Comment
Subject: Public Comment and Feedback for Calistoga Fairgrounds Project Attachments: 70-acre vision talking point Final 2-3-25.pdf 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 Calistoga City Leaders,
I love our town of Calistoga and the amazing possibilities with the 70 acre acquisition of the new Calistoga Fairgrounds. Our community has a once in a lifetime opportunity to create an amazing space which will affect multiple generations.

In the spirit of community collaboration and feedback, below are some important thoughts to help move us all forward in a positive direction:

A Proposed 6-Step Long-Term Planning Process (attached pdf) This approach ensures that redevelopment efforts follow a strategic, community-focused framework. By promoting a well-thought-out process, Calistoga City Council can help guide our new 70 acre City property toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision advocated in this 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than is needed now. A business plan ultimately would be needed (in fact, it is Step 4 in the proposed community process), but it is premature at this initial stage of planning and could be counterproductive. Instead, what’s needed now is a plan that clearly focuses on cultivating wide public input, and that yields a range of master plan alternatives that can be weighed by the public before choosing an alternative to then subject to a more detailed business analysis.

Development of those alternatives should be a transparent and iterative process that encourages and cultivates input using a variety of tools (e.g., website presence, collaborative workshops, a committee, conceptual drawings).

Push for a Citizen-Driven Steering Committee
A steering committee made up of smart engaged community residents can play a key role in shaping the survey development process.

Many residents and homeowners in Calistoga have extensive previous career backgrounds in City Planning, Commercial Real Estate, Landscape Architecture, Commercial Architecture, Fine Arts Management, Branding, Marketing, Construction, Community Leadership, and Philanthropy. And many of us would be willing to step up and volunteer our knowledge, expertise, and connections for the good of our amazing Calistoga community.

Item #7.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Feb 04 2025
Subject: Consideration of a Fairgrounds Business Feasibility Plan DESCRIPTION:

Consideration of a Fairgrounds Business Feasibility Plan RECOMMENDATION:

Consider Discussing the Item and Providing Staff Direction SUMMARY:

Community engagement on the Fairgrounds has been ongoing for over a decade.

In addition to the feedback received to date, Council and staff have received input regarding the concept of a comprehensive Fairgrounds business feasibility plan. This report is intended to facilitate discussion on the proposal for a broader plan and to provide direction to staff on how to proceed.

ANALYSIS:

During prior City Council meetings, public input highlighted interest in a business feasibility plan for the newly acquired Calistoga Fairgrounds. At the January 14 meeting, staff committed to bringing the concept to the City Council for consideration including incorporating community feedback received to date by staff.

This discussion aims to enhance public engagement and recommends soliciting proposals from external companies. Staff research identified firms capable of creating comprehensive feasibility plans, including associated costs and potential revenue streams. These companies bring the expertise to determine the most viable and publicly supported uses for the property while clearly outlining costs and evaluating revenue potential. They can also develop project budgets, manage costs across phases, oversee construction, and assess the fiscal and sustainable impacts of current, historical, and potential uses. Should the city council be interested in such a plan, staff would develop a Request for Proposals to ensure the project is competitively bid and has the council's desired scope of services.

A sample scope of services for the proposal invitation could include the following:

In developing the Calistoga Fairgrounds' business feasibility plan, the City of Calistoga seeks a comprehensive, phased approach incorporating historical uses, evaluating potential uses, minimizing costs, and establishing a sustainable revenue timeline for each project phase. The phases of the project should include an initial feasibility study, a proposal for cost management on the components of the project, a proposal for construction management on the components of the Item #7.5.

project, and a recommendation for additional consultants -architects, structural engineers, or design teams- required to complete the project. The plan must ensure that any new uses align with a financially sustainable model while preserving the city’s unique character and small-town charm.

Proposals should, at a minimum, outline how the company will conduct a study to establish a baseline of community input, develop a fiscally sustainable business plan, and implement a robust community engagement process.

This project advances several council goals, including prioritizing Fairgrounds infrastructure projects that generate revenue to reduce General Fund subsidies, preserving Calistoga's small-town character, and incorporating community input into decisions about property uses. These efforts are designed to guide future choices on financial investments, address historically revenue-negative activities, and improve overall operations.

Staff seeks Council's input and direction on the next steps.

FINANCIAL IMPACT:

The financial impact is not yet known. Since an RFP would be developed and competitively bid, staff does not deem it appropriate to assign an estimate as it may degrade the integrity of the proposals and associated costs. A potential source of revenue to fund this project could be a transfer from Fund #10, Infrastructure, into Fund #70, Fairgrounds.

CEQA STATUS:

No CEQA review is required.

APPROVAL(S):

Rachel Stepp, Deputy City Manager Approved - Jan 22 2025 Connie Cardenas, Admin. Services Director Approved - Jan 23 2025 Laura Snideman, City of Calistoga | City Manager Pending Yudiana Galvan, City of Calistoga | City Clerk None
Item #7.5.

Item #7.5.

Item #7.5.

Item #7.5.

The 70-Acre Vision
Public Involvement Plan: A Process to Facilitate Inclusive and Transparent DecisionMaking for the Calistoga Fairgrounds The Calistoga City Council and staff should be commended for acquiring the fairgrounds property. Now the citizens of Calistoga are in the enviable position of deciding how to best put the property to work, to benefit our diverse community for current and future generations of Calistogans.

Thank you for this opportunity to share with you an established and commonly used process to encourage and facilitate meaningful public involvement in forming those decisions. Public involvement will be key to identifying a master plan for development that, when implemented, will deliver the variety of social, economic, and environmental benefits that a once-in-a lifetime opportunity can and should deliver…benefits that should be afforded to current and future generations of Calistogans.

One such project that has been successful in using this type of approach is the Redding River Front revitalization project. They have an entire dedicated website specifically for the detailed and involved process with all resources, feedback, technical reports, surveys, schedules, guiding principles, general plans, etc… It is open and freely accessible for their entire community to use. I would encourage all Calistogans to visit this website to see how this city is managing a similar project because it can provide useful analogies for our project.
https://www.reddingriverfront.org/
A process like this should be implemented under the auspices of the City, and it should welcome and encourage all Calistogans to participate. At its core, the plan should be about making the information underlying these critical decisions easily accessible to all Calistogans. It is about encouraging all Calistogans to participate by providing meaningful contributions; and it’s about revealing and describing a variety - or “range” - of reasonable visions to the challenges and opportunities we see. Importantly, this type of plan will encourage and foster confidence in the community that their views and opinions are documented and will be considered by decision-makers before committing public resources.

The basic steps in our recommended plan for public involvement are:

1. Provide the public with easy access (e.g., website) to the information needed to shape informed opinions. Examples include articulations of previously identified and Item #7.5.

newly emerging community-wide needs and aspirations, and the history – including the financial operational history – of the former fairgrounds.

2. Collect thorough and reliable public input, and form a public committee, to elicit local community input regarding both established and widely accepted generic community-wide goals and needs…like recreational opportunities, venues for civic gatherings, and opportunities to enhance economic health and resiliency, as well as more targeted input regarding the need for specific uses for the 70-acre property, such as emergency and evacuation uses.

3. Based on the local public input received, prepare conceptual designs for a reasonable range of master plan alternatives (e.g., 3 or 4) that respond to some or all needs and objectives expressed by the community. The range of plans should be contrasting, embracing both small- and large-scale undertakings. Conceptual designs should be adequately detailed to support initial approximations of capital, operation, and maintenance costs. Importantly, this identification of alternatives should not be constrained or limited by the terms and conditions of the Purchase Agreement.

4. For each alternative prepare an initial financial proforma that approximates the costs of capital, operations, and maintenance over the planning horizon (e.g. 90 years).

Also, for each alternative, include various options for funding the proposals to enhance sustainability and optimize the scope and intensity of community benefits.

Again, identification of potential funding sources should not be constrained by the Purchase Agreement.

5. Rank each alternative according to their relative responsiveness to the various needs and aspirations expressed by the community, and for each alternative provide separate explanations of costs and potential sources of revenue.

6. Circulate the rankings, financial analyses, and potential revenue sources to the public. Conduct a final round of public meetings to solicit public response to the information provided prior to reaching decisions that would commit public resources and/or unnecessarily constrain future actions.

That’s our plan for public involvement in a nutshell.

Furthermore, because the city is in the envious position of not having a “mortgage” to pay we have the luxury to undertake this process in a methodic and deliberate way which may Item #7.5.

not be the quickest way. Therefore, until a systematic plan for public involvement is in place, the City should undertake only operations that are temporary and absolutely necessary to maintain the property and that would not constrain or limit future actions following adoption of a master plan.

Given the magnitude and unique nature of this opportunity, our recommendation is for the City to immediately retain the services of a qualified consultant with appropriate public engagement, planning, conceptual design, and financial expertise to augment the city staff and council in guiding the process and developing analytical work products.

Thank you for this opportunity to share our ideas. We stand ready to provide further assistance as may be helpful.

Item #7.5.

1 Yudiana Galvan
From: Douglas Allan
Sent: Tuesday, February 4, 2025 12:13 PM
To: Public Comment
Cc: Lisa Gift; Donald Williams; Irais Lopez-Ortega; Kevin Eisenberg; Scott Cooper; Laura Snideman; Sheli Wright
Subject: Public Comment for meeting on 2/4/25
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 City Council,
This is a public comment for Council Meeting on 2/4/25 for Agenda Items 5.6, License Agreement; 7.2 Budget Amendments; 7.4, Fairgrounds Advisory Role; 7.5, Fairgrounds Business Feasibility Plan; and 7.6, Survey. I understand this is longer than a normal public comment but it touches upon 5 separate items because this discussion becomes even more challenging when it is conducted in separate chunks. That is my overarching point. This process needs to be comprehensive and cohesive and in context with many of the myriad complex elements of this long-term endeavor. Please accept this comment in its entirety while covering 5 agenda items.

After having a chance to review the agenda for tonight's meeting, I have some ideas and suggestions. I appreciate you reading them. Because of the way discussions of fairgrounds-related items are framed in the agenda packet, it is still unclear whether the City and Council are open to facilitating the type of process, plan, and unbiased public participation we need for this very complex and consequential project. There has been progress in that direction, for sure, (thank you!!) but I am strongly urging the Council to acknowledge and discuss the 6-step participation process I, and many others, have repeatedly offered for consideration. Until the Council articulates a coherent plan for involving the public, I am prudently apprehensive that implementing most of the options presented in the agenda packet at this stage would tend to narrow rather than encourage the kind of broad, creative input this opportunity and our community deserve.

What’s most important in this moment is to stay focused on embracing an explicit and comprehensive plan for knowledge-based public participation before we take further steps or spend further money. The foundational elements of such a plan are summarized below, and a more comprehensive plan was submitted to the city council by me for the November special meeting;

1. Provide the public with easy access (e.g., website) to the information needed to shape informed opinions.

2. Collect thorough and reliable public input, and form a public committee, to elicit local community input regarding both established and widely accepted generic community-wide goals and needs.

3. Based on the local public input received, prepare conceptual designs for a reasonable range of master plan alternatives (e.g., 3 or 4) that respond to some or all needs and objectives expressed by the community.

4. For each alternative prepare an initial financial proforma that approximates the costs of capital, operations, and maintenance over the planning horizon (e.g. 90 years). This is similar to the business feasibility plan in this agenda but I believe this type of analysis should be conducted later in the process.

Item #7.5.

2 5. Rank each alternative according to their relative responsiveness to the various needs and aspirations expressed by the community, and for each alternative provide separate explanations of costs and potential sources of revenue.

6. Circulate the rankings, financial analyses, and potential revenue sources to the public. Conduct a final round of public meetings to solicit public response.

So, in context with this type of master planning process, here are my thoughts in relation to items on the agenda for this meeting:

Proposed 6-Step Long-Term Planning Process
This approach ensures that redevelopment efforts follow a strategic, community-focused framework. By promoting a well-thought-out process, we can help guide the fairgrounds toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision we advocate in our 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than is needed now. A business plan ultimately would be needed (in fact, it is Step 4 in our proposed process), but it is premature at this initial stage of planning and could be counterproductive.

Instead, what’s needed now is a plan that clearly focuses on cultivating wide public input, and that yields a range of master plan alternatives that can be weighed by the public before choosing an alternative to then subject to a more detailed business analysis.

Citizen-Driven Steering Committee
A steering committee made up of engaged residents can play a key role in shaping the survey development process. And if properly implemented it will have a large and beneficial role in galvanizing broad community support for whichever master plan ultimately is selected to be implemented. It is imperative that the steering committee be appointed prior to taking any further actions related to developing the master plan. That includes prior to selecting the preferred vendor to advise and conduct the survey. This committee should not be solely/exclusively for the development of a survey, although that could be its first task. It should be for the entire duration of the 6-step process.

Additionally, we should not spend any more money on property maintenance or development until a master plan has been approved. The RV park is a good interim revenue generator. It appears that we will have races for two years for some additional revenue. And we need to keep the art center operational.

After that, we need to stop until there is an agreed upon master plan, and an agreed upon way to pay for whatever agreed upon plan.

Thank you,
Douglas Allan
Item #7.5.

1 Yudiana Galvan
From:

Sent: Tuesday, February 4, 2025 8:29 AM
To: Scott Cooper; Irais Lopez-Ortega; [email protected]; [email protected]; Laura Snideman; Lisa Gift; Sheli Wright; Public Comment Subject: re fairground plans
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 All,
I cannot stress how important it is to have a plan for the revitalization of The Calistoga Fairgrounds.. I think we can all agree that acquiring the land was probably the easy part. Pulling together a cogent, sustaining plan with input from the entire community will take patience but in the long run we will have something we can all be proud of and that all in the community will have felt heard. I believe when many of us were involved in making sure we acquired the property at a fair price..not 17 million....it was understood that putting together a plan would not be done by a few but with lots of input
community wide. I do not understand why any decisions are being made so early before proper survey of the community.

I applaud the group that is doing clean up of the Fairground and preparing the motor home park area so it can be used...but wasn't there talk of doing a rehab not bandaids?? This is such an important element of the fairgrounds but frankly it needs some upgrades beyond just a quick paint job and major cleaning. There is no heat in the bathrooms and while serviceable don't we want something that we can be proud of??
Whether you vote for a survey by experts or simply hold some meetings so people can speak up about their concerns, wishes etc the need for a community advisory committee is important. They will be tasked with helping to put forth the community wishes, watching over expenses and perhaps even fundraising. I believe if you do this right there are many in the community who would support various projects. Without a plan we are all standing on the sidelines wondering what is being done and does it make sense. We are at a very crucial point...how about a pause and everyone put your heads together and figure out how to proceed. Maybe at the end of the day a very surface fix up is what everyone wants, maybe everyone wants the sprint cars most weekends in the summer, others may be interested in a golf course....no matter what a plan is essential and it must be community driven....I fully appreciate how difficult this is but if Measure E had passed we would have an approximate $40 million bond with lots of funds to renovate...would the approach still be this plan as you go project?? I urge you all to consider what good planning can accomplish.

Sincerely,
Pat Merchant
Item #7.5.

1 Yudiana Galvan
From: Christine Arthur
Sent: Monday, February 3, 2025 7:11 PM
To: Lisa Gift; Irais Lopez-Ortega; Scott Cooper; Kevin Eisenberg; Donald Williams; Donald Williams; Laura Snideman; Sheli Wright; Public Comment
Subject: Public Comment and Feedback for Calistoga Fairgrounds Project Attachments: 70-acre vision talking point Final 2-3-25.pdf 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 Calistoga City Leaders,
I love our town of Calistoga and the amazing possibilities with the 70 acre acquisition of the new Calistoga Fairgrounds. Our community has a once in a lifetime opportunity to create an amazing space which will affect multiple generations.

In the spirit of community collaboration and feedback, below are some important thoughts to help move us all forward in a positive direction:

A Proposed 6-Step Long-Term Planning Process (attached pdf) This approach ensures that redevelopment efforts follow a strategic, community-focused framework. By promoting a well-thought-out process, Calistoga City Council can help guide our new 70 acre City property toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision advocated in this 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than is needed now. A business plan ultimately would be needed (in fact, it is Step 4 in the proposed community process), but it is premature at this initial stage of planning and could be counterproductive. Instead, what’s needed now is a plan that clearly focuses on cultivating wide public input, and that yields a range of master plan alternatives that can be weighed by the public before choosing an alternative to then subject to a more detailed business analysis.

Development of those alternatives should be a transparent and iterative process that encourages and cultivates input using a variety of tools (e.g., website presence, collaborative workshops, a committee, conceptual drawings).

Push for a Citizen-Driven Steering Committee
A steering committee made up of smart engaged community residents can play a key role in shaping the survey development process.

Many residents and homeowners in Calistoga have extensive previous career backgrounds in City Planning, Commercial Real Estate, Landscape Architecture, Commercial Architecture, Fine Arts Management, Branding, Marketing, Construction, Community Leadership, and Philanthropy. And many of us would be willing to step up and volunteer our knowledge, expertise, and connections for the good of our amazing Calistoga community.

Item #7.5.

2 And if properly implemented it will have a large and beneficial role in galvanizing broad community support for whichever master plan ultimately is selected to be implemented.

It is imperative that the steering committee be appointed prior to taking any further actions related to developing the master plan. That includes prior to selecting the preferred vendor to advise and conduct the survey. And we’re mindful that all steering committees are not equivalent. The role of the steering community should be to facilitate public participation in developing alternative master plans, and is not to provide a bully-pulpit from which to advocate for any particular development outcome. Accordingly, consideration of a candidate’s ability to foster participation without indulging personal preferences for master plan outcomes should be a key selection criteria for participating on the committee.

Thank you for your thoughtful consideration. And thank you for your dedication to our City of Calistoga.

Sincerely,
Christine Arthur
Homeowner, Resident, Local Voter, Philanthropist of Calistoga.

Item #7.5.

1 Yudiana Galvan
From: Lana Richardson
Sent: Tuesday, February 4, 2025 11:16 AM
To: Public Comment
Subject: Agenda item 7.5
Attachments: cidB07F6FEC-ACB5-4CBF-B7D9-40FE166712F4.pdf 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.

Laura Snideman, [email protected]
Sheli Wright, [email protected]
Donald Williams, [email protected]
Irais Lopez-Ortega [email protected]
Scott Cooper [email protected]
Kevin Eisenberg [email protected]
Lisa Gift [email protected]
Following is a summary of the 6-step Strategic Planning Process referenced in my public comment for agenda items 7.4 and 7.6. This strategic planning process is critical to creating and implementing a wellthought out plan for the Calistoga Fairgrounds.

Lana Richardson
———————————————————————————————————————————

Item #7.5.

Six-Step Strategic Planning Process - Summary

1. Provide the public with easy access (e.g., website) to the information needed to shape and participate in making informed opinions.

2. Conduct public meetings – to elicit local community input regarding both established and widely accepted generic community-wide goals and needs as well as more targeted input regarding the need for specific uses for the 70-acre property such as emergency and evacuation uses.

3. Based on the local public input received, prepare conceptual design for a master plan – the plan should include alternatives (e.g., 3 or 4) that respond to some or all needs and objectives expressed by the community.

4. Prepare an initial financial proforma - this proforma must approximate the costs of capital, operations, and maintenance over the long-term planning horizon.

5. Rank and prioritize each alternative – this should be based on each option’s relative responsiveness to the various needs and aspirations expressed by the community. For each alternative provide separate explanations of costs and potential sources of revenue.

6. Circulate the rankings, financial analyses, and potential revenue sources to Calistoga citizens. Conduct a final round of public meetings to solicit public response to the information provided prior to reaching decisions that would commit public resources and/or unnecessarily constrain future actions.

Item #7.5.

#2 Broad Comments of Tim Reilly on 20250204 Council Meeting Agenda Items 5.6, License Agreement; 7.2 Budget Amendments; 7.4, Fairgrounds Advisory Role; 7.5, Fairgrounds Business Feasibility Plan; and 7.6, Survey So, I am writing to request that the Council postpone discussions of the Fairgrounds Feasibility Plan and Survey until the Council explicitly articulates a clear plan for public involvement and appoints a citizens committee to shepherd the process.

With respect to its deliberations regarding the license agreement and FY 24-25 budget amendments, I further urge the Council to be mindful of prior recommendations from the public to avoid irretrievably committing public resources in a manner that might constrain or limit the range or scope of future actions under a master plan. I agree certain immediate actions are necessary. But they should be limited to actions that address immediate concerns for public health and safety, ongoing deterioration of essential infrastructure, or minimally costly repairs needed to generate operating and maintenance revenue during formulation of alternatives.

As to the bases for my requests, because of the way discussions of fairgrounds-related items are framed in the agenda packet, it is still unclear whether the Council fully understands – or is open to facilitating - the kind of plan for inclusive and unbiased public participation I and others have advocated since the defeat of Measure E almost 2 years ago. We’re disappointed by the Council’s seeming reluctance to openly discuss the 6- step participation process we’ve repeatedly offered for consideration. And until the Council articulates a coherent plan for involving the public – a plan that carries forward from an initial survey through development of a range of master plan alternatives that are ripe for reasoned consideration by local stakeholders - we are (prudently) apprehensive that implementing most of the options presented in the agenda packet would tend to narrow rather than encourage the kind of broad, creative input this opportunity and our community deserve.

Item #7.5.

#3 Focused Comments of Tim Reilly on 20250204 Council Meeting Re:

Need for Endorsement of a Public Participation Plan and Agenda Item 7.5, Fairgrounds Business Feasibility Plan
It would be easy to get lost in the details of the disconnects between our advocacy and the decision-making options set forth in the agenda packet. But details aside, it’s helpful at this moment to also take a broader view, and to reflect on how important it is for the Council to explicitly endorse a coherent plan for knowledge-based public participation now.

That being said, in promoting a well-thought-out process, our informal group has endeavored to help guide the fairgrounds toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision we advocate in our 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than and at greater cost than is needed now. We agree that a business plan ultimately would be needed, but it is premature at this initial stage of planning and could be counterproductive.

Instead, what’s needed now is a plan for public participation that clearly focuses on cultivating wide public input, and that delivers a range of master plan alternatives – developed at a lesser level of detail than would be required to support a business analysis - that can be weighed by the public before choosing an alternative for the more detailed business analysis. Development of those alternatives should be a transparent and iterative process. Public input would be facilitated using a variety of tools (e.g., website presence, collaborative workshops, conceptual drawings), and the public would have visibility into the initial identification and evolution of potential plan alternatives.

Item #7.5.

#1 Opening Comments of Tim Reilly on 20250204 Council Meeting Agenda I am a full-time resident of the city of Calistoga. I’m writing to again advocate for developing a suite of master plan alternatives that each respons, to varying degrees, to the needs and aspirations of our diverse community and is widely viewed by local stakeholders as being rooted in a process for facilitating public input that is transparent, inclusive, thorough, and to the degree practicable, unbiased.

Why my concern for such a process? Depending on the alternative selected to implement, at some future time our community may again be called on to decide whether to invest significant public resources to realize the range of public benefits this unique opportunity can deliver. That big decision will be preceded by many smaller decisions like those being contemplated at this Council meeting.

When the time for the big decision arrives, our local stakeholders deserve to feel the incremental decisions leading up to it have been reached in a transparent and inclusive manner, that their input has been considered, that a reasonable range of alternatives has been considered, and that they’ve been provided with the information needed to make potentially difficult choices in the face of trade-offs.

That’s what my advocacy for public participation is about…anticipating and preparing for the need for broad community support for whichever master plan is ultimately selected to be implemented, without favoring or disfavoring any specific alternative.

But we’re not there yet…and after closely reviewing the agenda for Tuesday’s Council meeting, it’s still unclear whether that is the direction we’re heading.

Item #7.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Feb 04 2025
Subject: Enter into a Consultant Agreement with FM3 Reasearch for a statistically valid survey of the community needs and desires for the fairground's property use.

DESCRIPTION:

Consider Adopting a Resolution Authorizing the City Manager to enter into a consultant agreement with FM3 Research to develop and deliver a statistically valid survey.

RECOMMENDATION:

Consider Authorizing the City Manager/Staff to Enter into the Agreement SUMMARY:

On November 19, 2024, the City Council requested that staff return with a proposal for a statistically valid survey, developed bilingually in English and Spanish, that assesses the needs and goals of the community for the newly acquired fairgrounds property. Staff estimated that this type of survey would cost between $30,000-$40,000.

On the January 14, 2025, City Council meeting, this consultant agreement was discussed and voted upon with two (2) Ayes, two (2) Noes and one absence. Staff was asked to bring this consultant agreement back to Council and followed the City Council's Civic Operating Agreements to do so.

ANALYSIS:

Staff received three proposals from experienced agencies specializing in public policy-oriented opinion research. An independent panel evaluated the proposals based on established criteria.

Companies were ranked on their history, experience, qualifications, scope of work, and pricing.

FM3 (Fairbank, Maslin, Maullin, Metz and Associates) was determined to be the highest ranking and best fit for this particular survey regarding the use and goals of the community for the fairgrounds.

FM3 proposes to implement a bilingual survey that will include a dual-mode structure, utilizing both cellular & landline telephone contacts. The survey will consist of the following elements and structure:

1. 400 contacts of adult Calistoga residents

2. Invitations to interviewees by telephone, email, text, and mail postcard

3. An interview time of no more than 15 minutes

3. A margin of error of 4.9% for the sample of 400 interviews

4. A complete analysis of the survey results

5. A presentation of the results at a future City Council meeting.

Item #7.6.

This proposal is $38,000, which is in the mid-range of the proposals for both price ($98.00 per contact) and interview contacts (ranging from a proposed 250-475 contacts).

FINANCIAL IMPACT:

Total compensation for services provided shall not exceed Thirty-Eight Thousand Dollars ($38,000). Expenses were not identified in the FY 24-25 budget, and it is proposed that this expense be transferred out of Fund #10, Infrastructure, and into Fund # 70, Fairgrounds.

CEQA STATUS:

No CEQA review is required.

ATTACHMENT(S):

Resolution FM3 Reasearch Fairgrounds Survey
Consultant Services Agreement for FM3 - signed
APPROVAL(S):

Rachel Stepp, Deputy City Manager Approved - Jan 22 2025 Connie Cardenas, Admin. Services Director Approved - Jan 23 2025 Laura Snideman, City of Calistoga | City Manager Pending Yudiana Galvan, City of Calistoga | City Clerk None
Item #7.6.

RESOLUTION NO. 2025-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A

CONSULTANT SERVICES AGREEMENT WITH FAIRBANKS, MASLIN, MAULLIN, METZ AND ASSOCIATES, INC., CORPORATION, DBA FM3 RESEARCH WHEREAS, the Calistoga City Council has identified the need to complete a statistically valid survey to determine the needs and interest in the use of the newly acquired fairgrounds property at 1435 N. Oak Street; and WHEREAS, the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15303(c); and
WHEREAS, staff solicited bids from three research companies and Fairbanks, Maslin, Maullin, Metz and Associates, INC., DBA FM3 Research was selected by staff panel as the top ranking proposal; and
WHEREAS, staff have determined that Fairbanks, Maslin, Maullin, Metz and Associates, INC., DBA FM3 Research possess the required experience and expertise for this type work and is otherwise qualified to perform the work in accordance with the contract documents; and
NOW, THEREFORE BE IT RESOLVED that the Calistoga City Council hereby authorizes the City Manager to execute a Consultant Services Agreement with Fairbanks, Maslin, Maullin, Metz and Associates, INC., DBA FM3 Research and further authorizes the payment of invoices for services rendered in the amount of thirty-eight thousand, dollars ($38,000 “cost ceiling”).

PASSED, APPROVED AND ADOPTED this 4th day of February, 2025.

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 #7.6.

OAK #4823-2508-6159 v2

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this ____________ day of ________, 2025, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Fairbanks, Maslin, Maullin, Metz and Associates, INC., Corporation, DBA FM3 (hereinafter referred to as "CONSULTANT").

CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires a statistically valid survey in both English and Spanish for the community needs and desires for the recently acquired fairgrounds located at 1435 N Oak Steet;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

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

Item #7.6.

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

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

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

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

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

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $ 38,000 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as Item #7.6.

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

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

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

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

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June , 2025.

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

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

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

ARTICLE 4 - DESIGNATED CONTACTS

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

4.2. CONSULTANT Contact. CONSULTANT designates Lucia Del Puppo as its contact, who shall have immediate responsibility for the performance of the Services and for all Item #7.6.

matters relating to performance under this Agreement. Any change in CONSULTANT's designated contract shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

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

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

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for any CalPERS benefits arising from services provided to CITY under this Agreement, CONSULTANT shall indemnify, defend, and hold CITY harmless from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs incurred, including but not limited to, the payment of any employee and/or employer contributions for CalPERS service credit on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of CITY.

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

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

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

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the Item #7.6.

insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

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

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

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

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

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

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:

Item #7.6.

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

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

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

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

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

Item #7.6.

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

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Curtis Below
1999 Harrison St., STE 2020
Oakland, CA 94612
Phone: 510-451-9521
Facsimile: 510-451-0384
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

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

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

Item #7.6.

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

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

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

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

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

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

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

Item #7.6.

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

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

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

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

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

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

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

7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
Item #7.6.

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

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager

CONSULTANT
By: Date:

Curtis Below, COO
Attest
By:

Yudiana Galvan, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Curtis Below (Jan 3, 2025 12:30 PST)
Curtis Below
Item #7.6.

EXHIBIT A

SCOPE OF WORK
A dual-mode survey of Calistoga’s adult residents will be conducted. The survey will be available online and via phone and residents will be contacted via postcard, text message, email and phone call. The written outreach will be branded with the City of Calistoga’s logo and can include a contact person to reassure respondents of the legitimacy of the survey outreach. By offering the survey in multiple modes and in both English and Spanish, we can ensure that it is as inclusive as possible and offers residents the opportunity to participate in the way that is most convenient to them. At the same time, the survey sample will be random and representative of the demographics of the City, aligning with Census data. We propose aiming to reach up to 400 residents (which allows for a margin of error below 5%).

Methodology Dual-mode survey using a combination of telephone (cellular and landline) and online interviews
Contact Methods Telephone calls, email invitations, text invitations, and postcard invitations Sample 400 adult Calistoga residents
Margin of
Sampling Error*
±4.9% for a sample of 400 interviews
*At the 95% confidence level (i.e., in 95 out of 100 cases) Survey Length 15 minutes
Language(s) English and Spanish
Deliverables Following the completion of the survey, we will provide:
• A questionnaire with the topline results of the survey for easy reference • A complete set of crosstabs in an easy-to-read, comprehensive format • Verbatim responses to any open-ended questions
• A complete analysis of survey results in PowerPoint
• A presentation of the survey results at City Council
FM3 will also be available for ongoing consultation and any further analysis ofthe research.

Item #7.6.

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

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

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

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

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

Item #7.6.

EXHIBIT B-1
The chart below contains the total costs for this research. These prices are comprehensive and include all costs for questionnaire design; sample acquisition and preparation; translation; programming; email, text, and postcard invitations; survey hosting; bilingual interviewing; data entry and analysis; reporting and presentation of report.

Interview Length 400 Interviews
15 minutes $38,000
Item #7.6.

Consultant Services Agreement for FM3
Final Audit Report 2025-01-03
Created: 2025-01-03
By: Sheli Wright ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAUa3uY_Ag1QqhkQ1aOAJKQ1jl5L1b-TtL "Consultant Services Agreement for FM3" History
Document created by Sheli Wright ([email protected]) 2025-01-03 - 8:29:08 PM GMT
Document emailed to Curtis Below ([email protected]) for signature 2025-01-03 - 8:29:13 PM GMT
Email viewed by Curtis Below ([email protected])
2025-01-03 - 8:30:04 PM GMT
Document e-signed by Curtis Below ([email protected]) Signature Date: 2025-01-03 - 8:30:45 PM GMT - Time Source: server Agreement completed.
2025-01-03 - 8:30:45 PM GMT
Item #7.6.

1 Yudiana Galvan
From: Douglas Allan
Sent: Tuesday, February 4, 2025 12:13 PM
To: Public Comment
Cc: Lisa Gift; Donald Williams; Irais Lopez-Ortega; Kevin Eisenberg; Scott Cooper; Laura Snideman; Sheli Wright
Subject: Public Comment for meeting on 2/4/25
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 City Council,
This is a public comment for Council Meeting on 2/4/25 for Agenda Items 5.6, License Agreement; 7.2 Budget Amendments; 7.4, Fairgrounds Advisory Role; 7.5, Fairgrounds Business Feasibility Plan; and 7.6, Survey. I understand this is longer than a normal public comment but it touches upon 5 separate items because this discussion becomes even more challenging when it is conducted in separate chunks. That is my overarching point. This process needs to be comprehensive and cohesive and in context with many of the myriad complex elements of this long-term endeavor. Please accept this comment in its entirety while covering 5 agenda items.

After having a chance to review the agenda for tonight's meeting, I have some ideas and suggestions. I appreciate you reading them. Because of the way discussions of fairgrounds-related items are framed in the agenda packet, it is still unclear whether the City and Council are open to facilitating the type of process, plan, and unbiased public participation we need for this very complex and consequential project. There has been progress in that direction, for sure, (thank you!!) but I am strongly urging the Council to acknowledge and discuss the 6-step participation process I, and many others, have repeatedly offered for consideration. Until the Council articulates a coherent plan for involving the public, I am prudently apprehensive that implementing most of the options presented in the agenda packet at this stage would tend to narrow rather than encourage the kind of broad, creative input this opportunity and our community deserve.

What’s most important in this moment is to stay focused on embracing an explicit and comprehensive plan for knowledge-based public participation before we take further steps or spend further money. The foundational elements of such a plan are summarized below, and a more comprehensive plan was submitted to the city council by me for the November special meeting;

1. Provide the public with easy access (e.g., website) to the information needed to shape informed opinions.

2. Collect thorough and reliable public input, and form a public committee, to elicit local community input regarding both established and widely accepted generic community-wide goals and needs.

3. Based on the local public input received, prepare conceptual designs for a reasonable range of master plan alternatives (e.g., 3 or 4) that respond to some or all needs and objectives expressed by the community.

4. For each alternative prepare an initial financial proforma that approximates the costs of capital, operations, and maintenance over the planning horizon (e.g. 90 years). This is similar to the business feasibility plan in this agenda but I believe this type of analysis should be conducted later in the process.

Item #7.6.

2 5. Rank each alternative according to their relative responsiveness to the various needs and aspirations expressed by the community, and for each alternative provide separate explanations of costs and potential sources of revenue.

6. Circulate the rankings, financial analyses, and potential revenue sources to the public. Conduct a final round of public meetings to solicit public response.

So, in context with this type of master planning process, here are my thoughts in relation to items on the agenda for this meeting:

Proposed 6-Step Long-Term Planning Process
This approach ensures that redevelopment efforts follow a strategic, community-focused framework. By promoting a well-thought-out process, we can help guide the fairgrounds toward sustainable, beneficial uses for our town. But the description of the Business Feasibility Plan in the Staff Report does not align with the vision we advocate in our 6-step process for facilitating input. The focus of the Business Feasibility Plan appears to be on evaluating the business viability of a single alternative, and in greater detail than is needed now. A business plan ultimately would be needed (in fact, it is Step 4 in our proposed process), but it is premature at this initial stage of planning and could be counterproductive.

Instead, what’s needed now is a plan that clearly focuses on cultivating wide public input, and that yields a range of master plan alternatives that can be weighed by the public before choosing an alternative to then subject to a more detailed business analysis.

Citizen-Driven Steering Committee
A steering committee made up of engaged residents can play a key role in shaping the survey development process. And if properly implemented it will have a large and beneficial role in galvanizing broad community support for whichever master plan ultimately is selected to be implemented. It is imperative that the steering committee be appointed prior to taking any further actions related to developing the master plan. That includes prior to selecting the preferred vendor to advise and conduct the survey. This committee should not be solely/exclusively for the development of a survey, although that could be its first task. It should be for the entire duration of the 6-step process.

Additionally, we should not spend any more money on property maintenance or development until a master plan has been approved. The RV park is a good interim revenue generator. It appears that we will have races for two years for some additional revenue. And we need to keep the art center operational.

After that, we need to stop until there is an agreed upon master plan, and an agreed upon way to pay for whatever agreed upon plan.

Thank you,
Douglas Allan
Item #7.6.

1 Yudiana Galvan
From: Marta N
Sent: Tuesday, February 4, 2025 1:29 PM
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.

We would like to go on record that we are extremely disappointed in both Mayor Williams and the City Council for their lack of action on two items which many residents of Calistoga have asked for. One is the Fairgrounds Survey and the other is the Fairgrounds Advisory Committee. We strongly feel that the community should be involved in the decisions that are being made PRIOR to those decisions being made. We have a chance to put the property to work in a way that will benefit our entire community for many years.

What do we need to do to get the survey and the advisory committee on track? Marta Naber & Lee Glowinski
Item #7.6.

1 Yudiana Galvan
From: Lana Richardson
Sent: Tuesday, February 4, 2025 11:15 AM
To: Public Comment
Subject: Public comment - fairgrounds: items 7.4; 7.6
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.

Laura Snideman, [email protected]
Sheli Wright, [email protected]
Donald Williams, [email protected]
Irais Lopez-Ortega [email protected]
Scott Cooper [email protected]
Kevin Eisenberg [email protected]
Lisa Gift [email protected]
There is a lot of excitement in the Calistoga community about having this incredible opportunity to bring the ‘Calistoga Fairgrounds’ back to life for current and future generations. When making decisions related to the property it’s important that all involved are sensitive to both the short and long-term impacts. Every decision must consider how to best address immediate as well as future needs and uses of the property.

Many have suggested creating committee(s) which include Calistoga citizens and elected officials. This appropriate and necessary to ensure the Calistoga community has a strong voice in the decisions. The committee should be formed as soon as possible and have an active role in selecting the ‘survey’ company, working with the company to form survey questions and creating a ‘master plan’ for the property renovation based on that input. The committee should remain active and participate in developing a work plan and suggesting decisions for the long-term, similar to the structure and role of other ‘advisory’ committees.

First priority must be to generate revenue to support implementation of a ‘master plan’. The RV park is an obvious source and fundamental to starting that process. However, for a long-term plan expansion and improvement of the RV park should also included.

A summary of the 6-step long-term action plan has been submitted as comment to agenda item 7.5. The long-term action plan should be the foundation of creating and implementing a ‘master plan’ for the property
Thank you for your consideration, patience and thoughtful approach to this incredible opportunity for Calistoga.

Lana Richardson
Item #7.6.