The Public Works Department has received an application for a non-routine encroachment permit from the resort to install a 2,000-gallon sediment interceptor in Fair Way, public right-of-way, adjacent to the1507 Lincoln Avenue and to maintain the interceptor periodically under the same permit. Staff supports locating the sediment interceptor at this location and finds that the encumbered area of right-of-way will not be used by the city now or in the near future and recommends approval of the non-routine encroachment permit with the following permit conditions:
1. 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.
The encroachment permit, if approved, will be recorded with the Napa County Recorder’s Office to record permit conditions that go with the property, or its future successors.
FINANCIAL IMPACT:
There will be no fiscal impact to the city. The applicant will be required to pay a non-routine encroachment permit fee equal to 5% of the design cost to cover the staff time to review and process the permit.
CEQA STATUS:
Installation of the sediment interceptor is part of the resort’s expansion project that was determined to be exempt from the requirements of the CEQA pursuant to Section 15332 of the CEQA Guidelines (In-Fill Development)
ATTACHMENT(S):
1. Wilkinson Non Routine EP Attach 1 Reso
2. Non-Routine Encroachment Permit Application and Preliminary Plans
3. Wilkinson Non Routine EP Attach 3
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Feb 10 2025 Connie Cardenas, Admin. Services Director Approved - Feb 11 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 14 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #6.6.
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING A NON-ROUTINE
ENCROACHMENT PERMIT FOR INSTALLATION AND MAINTENANCE OF A
SEDIMENT INTERCEPTOR DEVICE ON FAIR WAY SIDE OF THE PROPERTY LOCATED AT 1507 LINCOLN AVENUE (APN 011-092-013)
WHEREAS, the Calistoga Municipal Code Section 12.08 allows for the issuance of non-routine encroachment permits for the construction of walls and fences within the public right-of-way; and
WHEREAS, on February 12, 2020, the Planning and Building Department received applications from LD Mud, LLC requesting a use permit and design review approval to allow for five additional guest units, a parking and site reconfiguration, and the addition of food and beverage service structures at Dr. Wilkinson’s Hot Springs Resort & Spa, 1507, 1539 and 1547 Lincoln Avenue; and
WHEREAS, the Planning Commission held a public meeting on May 13, 2020, and conditionally approved a Use Permit for the expansion project; and WHEREAS, condition of Approval No. 22 of the use permit required that the applicant properly size the current mud separator and, if needed, install a larger sediment interceptor to prevent mud from the mud baths entering the city's sewer system; and
WHEREAS, due to the site constraints and existing plumbing layout, the applicant has proposed installing a 2,000-gallon sediment interceptor in the public rightof-way adjacent to the resort; and WHEREAS, the new interceptor will need to be emptied every 3 to 5 weeks to ensure optimum efficiency in preventing sediment from entering the city system; and WHEREAS, the City has received an application for a non-routine encroachment permit from the applicant to install a 2,000-gallon sediment interceptor in Fair Way adjacent to the1507 Lincoln Avenue and to maintain the interceptor device periodically under the same permit; and
WHEREAS, staff supports locating the sediment interceptor at this location and finds that the encumbered area of right-of-way will not be used by the city now or in the near future; and
WHEREAS, the non-routine encroachment permit will be recorded with the Napa County Recorder’s office as notice of conditions to successors in interest or any interested person; and
ATTACHMENT 1
Item #6.6.
Resolution No. 2025-XXX
WHEREAS, installation of the sediment interceptor is part of the resort’s expansion project that was determined by the Planning Commission to be exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines (In-Fill Development): and
WHEREAS, there will be no fiscal impact to the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the issuance of a non-routine encroachment permit for the installation and periodic maintenance of a sediment interceptor device on Fair Way Adjacent to 1507 Lincoln Ave under the same permit.
2. 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.
PASSED, APPROVED AND ADOPTED this 25th 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 #6.6.
____ $40.00
ATTACHMENT 2 Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: City Clerk
Exempt From Recording Fees
Section 27383 Gov't. Code
AGREEMENT
The City of Calistoga approved a Non-routine Encroachment Permit (Attachment “2”) on February 25, 2025, by Resolution No. 2025-XXX (Attachment “1”) for construction of a sediment trap, herby referred to as the “Improvements” on Fair Way for the 1507 Lincoln Avenue Property (APN 011-092-013) with the following condition:
1. 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.
These requirements are binding upon any successors in interest in the property and shall be recorded with the Napa County Recorder’s Office.
I, XXX, hereby agree that the improvements that were approved by the City Council of the City of Calistoga on February 25, 2025, by Resolution No. 2025-XXX will be removed, any damage to the public right-of-way repaired and a device of equal size within their property is installed at their own expense within one hundred and eighty (180) days of receipt of written notification from the City of Calistoga that the City is in need of that portion of the public right-of-way that has been utilized by the Improvements along the Fair Way side of the property at 1507 Lincoln Avenue for any reason other than benefiting other private developments.
Signed:
___________________________________
XXX Date
NOTARIZED ACKNOWLEDGMENT REQUIRED
ATTACHMENT 3 Item #6.6.
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING A NON-ROUTINE
ENCROACHMENT PERMIT FOR INSTALLATION AND MAINTENANCE OF A
SEDIMENT INTERCEPTOR DEVICE ON FAIR WAY SIDE OF THE PROPERTY LOCATED AT 1507 LINCOLN AVENUE (APN 011-092-013)
WHEREAS, the Calistoga Municipal Code Section 12.08 allows for the issuance of non-routine encroachment permits for the construction of walls and fences within the public right-of-way; and
WHEREAS, on February 12, 2020, the Planning and Building Department received applications from LD Mud, LLC requesting a use permit and design review approval to allow for five additional guest units, a parking and site reconfiguration, and the addition of food and beverage service structures at Dr. Wilkinson’s Hot Springs Resort & Spa, 1507, 1539 and 1547 Lincoln Avenue; and
WHEREAS, the Planning Commission held a public meeting on May 13, 2020, and conditionally approved a Use Permit for the expansion project; and WHEREAS, condition of Approval No. 22 of the use permit required that the applicant properly size the current mud separator and, if needed, install a larger sediment interceptor to prevent mud from the mud baths entering the city's sewer system; and
WHEREAS, due to the site constraints and existing plumbing layout, the applicant has proposed installing a 2,000-gallon sediment interceptor in the public rightof-way adjacent to the resort; and WHEREAS, the new interceptor will need to be emptied every 3 to 5 weeks to ensure optimum efficiency in preventing sediment from entering the city system; and WHEREAS, the City has received an application for a non-routine encroachment permit from the applicant to install a 2,000-gallon sediment interceptor in Fair Way adjacent to the1507 Lincoln Avenue and to maintain the interceptor device periodically under the same permit; and
WHEREAS, staff supports locating the sediment interceptor at this location and finds that the encumbered area of right-of-way will not be used by the city now or in the near future; and
WHEREAS, the non-routine encroachment permit will be recorded with the Napa County Recorder’s office as notice of conditions to successors in interest or any interested person; and
ATTACHMENT 1
Item #6.6.
Resolution No. 2025-XXX
WHEREAS, installation of the sediment interceptor is part of the resort’s expansion project that was determined by the Planning Commission to be exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines (In-Fill Development): and
WHEREAS, there will be no fiscal impact to the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the issuance of a non-routine encroachment permit for the installation and periodic maintenance of a sediment interceptor device on Fair Way Adjacent to 1507 Lincoln Ave under the same permit.
2. 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.
PASSED, APPROVED AND ADOPTED this 25th 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 #6.6.
____ $40.00
ATTACHMENT 2 Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: City Clerk
Exempt From Recording Fees
Section 27383 Gov't. Code
AGREEMENT
The City of Calistoga approved a Non-routine Encroachment Permit (Attachment “2”) on February 25, 2025, by Resolution No. 2025-XXX (Attachment “1”) for construction of a sediment trap, herby referred to as the “Improvements” on Fair Way for the 1507 Lincoln Avenue Property (APN 011-092-013) with the following condition:
1. 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.
These requirements are binding upon any successors in interest in the property and shall be recorded with the Napa County Recorder’s Office.
I, XXX, hereby agree that the improvements that were approved by the City Council of the City of Calistoga on February 25, 2025, by Resolution No. 2025-XXX will be removed, any damage to the public right-of-way repaired and a device of equal size within their property is installed at their own expense within one hundred and eighty (180) days of receipt of written notification from the City of Calistoga that the City is in need of that portion of the public right-of-way that has been utilized by the Improvements along the Fair Way side of the property at 1507 Lincoln Avenue for any reason other than benefiting other private developments.
Signed:
___________________________________
XXX Date
NOTARIZED ACKNOWLEDGMENT REQUIRED
ATTACHMENT 3 Item #6.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Feb 25 2025
Subject: Street and Sidewalk Vending Ordinance - Second Reading DESCRIPTION:
Second 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:
Adopt 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:
On February 4, 2025, the City Council waived the first reading of Ordinance No. 775 amending the Calistoga Municipal Code (CMC) regarding peddling, soliciting, street vending, and mobile food vending activities in the City of Calistoga.
DESCRIPTION:
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.
EFFECTIVE DATE:
The proposed Ordinance shall take effect 30 days from its passage.
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 Item #6.7.
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
APPROVAL(S):
Greg Desmond, Planning & Building Director Approved - Feb 14 2025 Connie Cardenas, Admin. Services Director Approved - Feb 14 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 14 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #6.7.
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 #6.7.
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 FIVE 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 SIX 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 SEVEN SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, Item #6.7.
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 EIGHT 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 NINE 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 #6.7.
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 #6.7.
“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 #6.7.
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 #6.7.
“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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 FIVE 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 SIX 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 SEVEN SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, Item #6.7.
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 EIGHT 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 NINE 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 #6.7.
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 #6.7.
“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 #6.7.
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 #6.7.
“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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
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 #6.7.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Feb 25 2025
Subject: Adoption of Minutes
DESCRIPTION:
Consider adopting the minutes of the February 3, 2025 Special Meeting and February 4, 2025 Regular Meeting.
RECOMMENDATION:
Consider Adopting the Minutes
FINANCIAL IMPACT:
None
CEQA STATUS:
None
ATTACHMENT(S):
2.3.25 Draft Special Meeting
2.4.25 Draft Minutes
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Feb 12 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 19 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #6.8.
MINUTES
CALISTOGA CITY COUNCIL - CLOSED SESSION
Monday, February 3, 2025 - 3:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515
1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 3:02 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
Absent:
2. ORAL COMMUNICATION
There was no oral communication.
3. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:
3.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code §54957 (b)(1))
Title: City Manager
3.2. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code §54957.6)
Agency Designated Representative(s): Michelle Marchetta Kenyon; Unrepresented Employee: City Manager
4. ADJOURNMENT
Mayor Williams adjourned the closed session meeting at 5:22 p.m.
Item #6.8.
MINUTES
CALISTOGA CITY COUNCIL - REGULAR MEETING
Tuesday, February 4, 2025 - 6:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515
1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:00 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
Absent:
2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was public comment by Charlotte Williams, Kerri Abreu, Jenni Ocon, Tim Wilkes and Michele Grupe.
3. CITY MANAGER’S REPORT
City Manager Reported:
1. Welcomed New Officer Maria Gutierrez
2. Welcomed our Fire Personnel back from Southern CA, where they helped fight two fires.
3. Encouraged our community to work with UpValley Family Center as they have helped form a coalition to respond to some of the community concerns about immigration and the new presidential administration.
4. Wednesday, March 12, at 3 p.m. we will be celebrating a ribbon cutting at the new playground at Logvy, special thanks to Adelante for their support with this project.
5. PG&E has requested that some of their wildfire safety employees be allowed to stay in the RV Park under the already established rules, this will be a paid soft opening and a great opportunity to test the accommodations for needed repairs.
6. The impact of the rain may require we move the agenda order around for consultants stuck in the weather.
4. PROCLAMATIONS/PRESENTATIONS/ AWARDS
4.1. Calistoga Library Presentation by Adriana and Jacqueline Flores of the Calistoga Library.
5. CONSENT CALENDAR
5.1. Vote to Adopt the Consent Calendar
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the consent calendar as presented except for items # 5.4 and 5.6 Motion Carried AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.2. Adopting the minutes of the December 10, 2024 Special Meeting and January 14, 2025 Item #6.8.
City Council Minutes February 4, 2025
Regular Meeting.
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the the minutes Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.3. Adoption of Resolution No. 2025-05 - Authorizing an amendment to Consultant Services Agreement (No. 921) with Economic & Planning Systems, Inc. (EPS) to prepare a comprehensive update of the Calistoga Development Impact Fee Program.
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.4. Adoption of Resolution No. 2025-06 - Authorizing an amendment to Agreement No. 873 with First Carbon Solutions to reinstate the CEQA review process for the Yellow Rose Project (VTM 2020-2).
This item was pulled for discussion by Councilmember Gift and presented by Planning Director Greg Desmond.
Council asked clarifying questions and discussed the item.
Motion by Vice Mayor Lopez-Ortega and seconded by Councilmember Gift to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.5. Adoption of Resolution No. 2025-07 - Authorizing the appropriation of additional funds in the amount of $6,370.25 to Napa County for the (RCAAP).
Item #6.8.
City Council Minutes February 4, 2025
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.6. Adoption of Resolution No. 2025-08 - Consider adopting a resolution to authorize the execution of the License Agreement with Hunt Motor Sports Concepts LLC for non-exclusive sprint car racing.
This item was pulled for discussion by Councilmember Gift and presented by Fairgrounds Director Sheli Wright who answered clarifying questions for Council.
There was public comment by Ken Flynn, Tim Moore, Kerri Abreu, Wyatt Ferris and Craig Frieders.
Motion by Councilmember Cooper and seconded by Councilmember Eisenberg to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.7. Adoption of Resolution No. 2025-09 - Amending Contract to Modern Method Roofing Co., for roof replacement for the Butler Building.
Motion by Councilmember Eisenberg and seconded by Councilmember Eisenberg to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
6. PUBLIC HEARING
Item #6.8.
City Council Minutes February 4, 2025
The Public Hearing Items were heard in the following order - 6.2 and then 6.1.
6.1. Adoption of Resolution No. 2025-10 - Setting the Development Impact Fees Based on the City of Calistoga Development Impact Fee Nexus Study Dated December 20, 2024.
This item was presented by Tefion and Darlene of W-Trans and Economic Planning Systems.
Council discussed the item and asked clarifying questions.
There was public comment by Tim Wilkes and Wyatt Ferris Councilmember Gift asked staff to exempt projects that qualify for 160% AMI from these fees, Council concurred.
Motion by Mayor Williams and seconded by Councilmember Cooper to adopt the resolution with the condition that staff research ways for projects that meet the 160% AMI could have lower fees, possibly by paying for them from the City’s affordable housing fund Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
6.2. 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.
This item was presented by Planning Director Greg Desmond and discussed by Council.
There was public comment by Marlon Lara and Mary Hastings.
Motion by Mayor Williams and seconded by Councilmember Eisenberg to waive the first reading and adopt Ordinance No. 775 amending the Calistoga Municipal Code (CMC) regarding peddling, soliciting, street vending, and mobile food vending activities in the City of Calistoga. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, and
Councilmember Eisenberg
NOES: Councilmember Gift and Councilmember Cooper
ABSTAIN: None
ABSENT: None
Item #6.8.
City Council Minutes February 4, 2025
7. GENERAL GOVERNMENT
The General Government Items were heard in the following order - 7.3, 7.1, 7.4, 7.6 and 7.5. Item
7.2 was moved to the next regular meeting.
7.1. County of Napa presentations for VLF Swap and Property Taxes This item was presented Admin. Services Director Connie Cardenas, Tracy Schulze of Napa County and Bon Minahen of Napa County.
7.2. ITEM MOVED - Fiscal Year 24-25 Mid-year budget amendments Due to time restriction, this item was moved to the February 25, Regular City Council Meeting.
7.3. Adoption of Resolution No. 2025-11 - 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.
This item was presented by Assistant City Manager Celaya and Ms. Shank from NVTA.
Council discussed the item and there was no public comment.
Motion by Councilmember Eisenberg and seconded by Councilmember Gift to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
7.4. Options for Fairgrounds Advisory Role - This item was presented by Fairgrounds Director Sheli Wright.
There was public comment by Kerri Abreu, Doug Allan, Tim Wilkes, Tim Reilly, Charlotte Williams and Wyatt Ferris.
Motion by Councilmember Gift and seconded by Councilmember Eisenberg to create a standing fairgrounds advisory committee to provide ongoing advice, research and recommendations to be made up of two Councilmembers and five citizens with a staff liaison. They will be directed on specific tasks such as the survey, with a sunset date to be one year after formation with the option to be extended by Council. Motion Carried AYES: Vice Mayor Lopez-Ortega, Councilmember Gift,
Councilmember Cooper, and Councilmember Eisenberg
Item #6.8.
City Council Minutes February 4, 2025
NOES: Mayor Williams
ABSTAIN: None
ABSENT: None
7.5. Consideration of a Fairgrounds Business Feasibility Plan - This item was presented by Fairgrounds Director Sheli Wright.
There was public comment by Doug Allan, Tim Reilly, Aaron Harkin and Wyatt Ferris.
Council discussed and directed staff to table the item for now, pending the advisory and survey items.
7.6. Adoption of Resolution No. 2025-12 - Authorizing the City Manager to enter into a consultant agreement with FM3 Research to develop and deliver a statistically valid survey.
This item was presented by Fairgrounds Director Sheli Wright and discussed by the Council.
There was public comment by Tim Reilly, Kerri Abreu, Doug Allan, Charlotte Williams and Wyatt Ferris.
Motion by Councilmember Eisenberg and seconded by Councilmember Gift to adopt the resolution. Motion Carried
AYES: Vice Mayor Lopez-Ortega, Councilmember Gift,
Councilmember Cooper, and Councilmember Eisenberg
NOES: Mayor Williams
ABSTAIN: None
ABSENT: None
8. COUNCIL REPORTS
There were no Council reports.
9. ADJOURNMENT
Mayor Williams adjourned the meeting at 10:29 p.m.
Respectfully submitted:
9.1. There was a motion by Councilmember Eisenberg and a roll call vote to extend the meeting adjournment time to 9:30 p.m. per the Civic Operating Agreements. Motion Carried AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
Item #6.8.
City Council Minutes February 4, 2025
ABSENT: None
9.2. There was a motion by Councilmember Eisenberg, seconded by Councilmember Cooper and a unanimous roll call vote to extend the meeting adjournment time to 9:50 p.m. per the Civic Operating Agreements. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
9.3. There was a unanimous roll call vote to extend the meeting adjournment time to 10:15 p.m. per the Civic Operating Agreements. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
9.4. There was motion by Mayor Williams, seconded by Vice Mayor Lopez-Ortega and a unanimous vote to extend the adjournment time to 10:30 p.m. per the Civic Operating Agreements. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
Prepared by: Approved by:
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.8.
MINUTES
CALISTOGA CITY COUNCIL - CLOSED SESSION
Monday, February 3, 2025 - 3:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515
1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 3:02 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
Absent:
2. ORAL COMMUNICATION
There was no oral communication.
3. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:
3.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code §54957 (b)(1))
Title: City Manager
3.2. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code §54957.6)
Agency Designated Representative(s): Michelle Marchetta Kenyon; Unrepresented Employee: City Manager
4. ADJOURNMENT
Mayor Williams adjourned the closed session meeting at 5:22 p.m.
Item #6.8.
MINUTES
CALISTOGA CITY COUNCIL - REGULAR MEETING
Tuesday, February 4, 2025 - 6:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515
1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:00 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
Absent:
2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was public comment by Charlotte Williams, Kerri Abreu, Jenni Ocon, Tim Wilkes and Michele Grupe.
3. CITY MANAGER’S REPORT
City Manager Reported:
1. Welcomed New Officer Maria Gutierrez
2. Welcomed our Fire Personnel back from Southern CA, where they helped fight two fires.
3. Encouraged our community to work with UpValley Family Center as they have helped form a coalition to respond to some of the community concerns about immigration and the new presidential administration.
4. Wednesday, March 12, at 3 p.m. we will be celebrating a ribbon cutting at the new playground at Logvy, special thanks to Adelante for their support with this project.
5. PG&E has requested that some of their wildfire safety employees be allowed to stay in the RV Park under the already established rules, this will be a paid soft opening and a great opportunity to test the accommodations for needed repairs.
6. The impact of the rain may require we move the agenda order around for consultants stuck in the weather.
4. PROCLAMATIONS/PRESENTATIONS/ AWARDS
4.1. Calistoga Library Presentation by Adriana and Jacqueline Flores of the Calistoga Library.
5. CONSENT CALENDAR
5.1. Vote to Adopt the Consent Calendar
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the consent calendar as presented except for items # 5.4 and 5.6 Motion Carried AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.2. Adopting the minutes of the December 10, 2024 Special Meeting and January 14, 2025 Item #6.8.
City Council Minutes February 4, 2025
Regular Meeting.
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the the minutes Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.3. Adoption of Resolution No. 2025-05 - Authorizing an amendment to Consultant Services Agreement (No. 921) with Economic & Planning Systems, Inc. (EPS) to prepare a comprehensive update of the Calistoga Development Impact Fee Program.
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.4. Adoption of Resolution No. 2025-06 - Authorizing an amendment to Agreement No. 873 with First Carbon Solutions to reinstate the CEQA review process for the Yellow Rose Project (VTM 2020-2).
This item was pulled for discussion by Councilmember Gift and presented by Planning Director Greg Desmond.
Council asked clarifying questions and discussed the item.
Motion by Vice Mayor Lopez-Ortega and seconded by Councilmember Gift to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.5. Adoption of Resolution No. 2025-07 - Authorizing the appropriation of additional funds in the amount of $6,370.25 to Napa County for the (RCAAP).
Item #6.8.
City Council Minutes February 4, 2025
Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.6. Adoption of Resolution No. 2025-08 - Consider adopting a resolution to authorize the execution of the License Agreement with Hunt Motor Sports Concepts LLC for non-exclusive sprint car racing.
This item was pulled for discussion by Councilmember Gift and presented by Fairgrounds Director Sheli Wright who answered clarifying questions for Council.
There was public comment by Ken Flynn, Tim Moore, Kerri Abreu, Wyatt Ferris and Craig Frieders.
Motion by Councilmember Cooper and seconded by Councilmember Eisenberg to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
5.7. Adoption of Resolution No. 2025-09 - Amending Contract to Modern Method Roofing Co., for roof replacement for the Butler Building.
Motion by Councilmember Eisenberg and seconded by Councilmember Eisenberg to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
6. PUBLIC HEARING
Item #6.8.
City Council Minutes February 4, 2025
The Public Hearing Items were heard in the following order - 6.2 and then 6.1.
6.1. Adoption of Resolution No. 2025-10 - Setting the Development Impact Fees Based on the City of Calistoga Development Impact Fee Nexus Study Dated December 20, 2024.
This item was presented by Tefion and Darlene of W-Trans and Economic Planning Systems.
Council discussed the item and asked clarifying questions.
There was public comment by Tim Wilkes and Wyatt Ferris Councilmember Gift asked staff to exempt projects that qualify for 160% AMI from these fees, Council concurred.
Motion by Mayor Williams and seconded by Councilmember Cooper to adopt the resolution with the condition that staff research ways for projects that meet the 160% AMI could have lower fees, possibly by paying for them from the City’s affordable housing fund Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
6.2. 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.
This item was presented by Planning Director Greg Desmond and discussed by Council.
There was public comment by Marlon Lara and Mary Hastings.
Motion by Mayor Williams and seconded by Councilmember Eisenberg to waive the first reading and adopt Ordinance No. 775 amending the Calistoga Municipal Code (CMC) regarding peddling, soliciting, street vending, and mobile food vending activities in the City of Calistoga. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, and
Councilmember Eisenberg
NOES: Councilmember Gift and Councilmember Cooper
ABSTAIN: None
ABSENT: None
Item #6.8.
City Council Minutes February 4, 2025
7. GENERAL GOVERNMENT
The General Government Items were heard in the following order - 7.3, 7.1, 7.4, 7.6 and 7.5. Item
7.2 was moved to the next regular meeting.
7.1. County of Napa presentations for VLF Swap and Property Taxes This item was presented Admin. Services Director Connie Cardenas, Tracy Schulze of Napa County and Bon Minahen of Napa County.
7.2. ITEM MOVED - Fiscal Year 24-25 Mid-year budget amendments Due to time restriction, this item was moved to the February 25, Regular City Council Meeting.
7.3. Adoption of Resolution No. 2025-11 - 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.
This item was presented by Assistant City Manager Celaya and Ms. Shank from NVTA.
Council discussed the item and there was no public comment.
Motion by Councilmember Eisenberg and seconded by Councilmember Gift to adopt the resolution Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
7.4. Options for Fairgrounds Advisory Role - This item was presented by Fairgrounds Director Sheli Wright.
There was public comment by Kerri Abreu, Doug Allan, Tim Wilkes, Tim Reilly, Charlotte Williams and Wyatt Ferris.
Motion by Councilmember Gift and seconded by Councilmember Eisenberg to create a standing fairgrounds advisory committee to provide ongoing advice, research and recommendations to be made up of two Councilmembers and five citizens with a staff liaison. They will be directed on specific tasks such as the survey, with a sunset date to be one year after formation with the option to be extended by Council. Motion Carried AYES: Vice Mayor Lopez-Ortega, Councilmember Gift,
Councilmember Cooper, and Councilmember Eisenberg
Item #6.8.
City Council Minutes February 4, 2025
NOES: Mayor Williams
ABSTAIN: None
ABSENT: None
7.5. Consideration of a Fairgrounds Business Feasibility Plan - This item was presented by Fairgrounds Director Sheli Wright.
There was public comment by Doug Allan, Tim Reilly, Aaron Harkin and Wyatt Ferris.
Council discussed and directed staff to table the item for now, pending the advisory and survey items.
7.6. Adoption of Resolution No. 2025-12 - Authorizing the City Manager to enter into a consultant agreement with FM3 Research to develop and deliver a statistically valid survey.
This item was presented by Fairgrounds Director Sheli Wright and discussed by the Council.
There was public comment by Tim Reilly, Kerri Abreu, Doug Allan, Charlotte Williams and Wyatt Ferris.
Motion by Councilmember Eisenberg and seconded by Councilmember Gift to adopt the resolution. Motion Carried
AYES: Vice Mayor Lopez-Ortega, Councilmember Gift,
Councilmember Cooper, and Councilmember Eisenberg
NOES: Mayor Williams
ABSTAIN: None
ABSENT: None
8. COUNCIL REPORTS
There were no Council reports.
9. ADJOURNMENT
Mayor Williams adjourned the meeting at 10:29 p.m.
Respectfully submitted:
9.1. There was a motion by Councilmember Eisenberg and a roll call vote to extend the meeting adjournment time to 9:30 p.m. per the Civic Operating Agreements. Motion Carried AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
Item #6.8.
City Council Minutes February 4, 2025
ABSENT: None
9.2. There was a motion by Councilmember Eisenberg, seconded by Councilmember Cooper and a unanimous roll call vote to extend the meeting adjournment time to 9:50 p.m. per the Civic Operating Agreements. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
9.3. There was a unanimous roll call vote to extend the meeting adjournment time to 10:15 p.m. per the Civic Operating Agreements. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
9.4. There was motion by Mayor Williams, seconded by Vice Mayor Lopez-Ortega and a unanimous vote to extend the adjournment time to 10:30 p.m. per the Civic Operating Agreements. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
Prepared by: Approved by:
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.8.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Feb 25 2025
Subject: City Buildings and Facilities Energy Efficiency Upgrades Project DESCRIPTION:
Approval of the On-Bill Financing Loan Agreement with PG&E, and Energy Conservation Agreement with Eco-Green Solutions for the City Building/Facilities Energy Efficiency Equipment Replacement Project.
RECOMMENDATION:
Consider adopting a Resolution Finding Pursuant to Government Code Section 4217 Approving Sole Source Energy Services Contract with EcoGreen Solutions LLC for Energy Efficient Equipment Improvements for City Owned Facilities and Authorizing the City Manager to Execute Associated PG&E On-Bill Loan Financing Agreements to complete the project.
SUMMARY:
City staff have continuously sought to implement energy efficiency projects in city-owned facilities to help reduce operating costs and greenhouse gas emissions. PG&E has an Energy Efficiency Program with the main goal to reduce the load on the overall electrical grid, reduce dependence on fossil fuels and help California and its large energy users to meet their energy reduction goals. The program evaluates and upgrades old, outdated equipment with new energy efficient equipment.
EcoGreen is a federally recognized energy services company that specializes in energy efficiency upgrades and is an authorized agent for PG&E’s Energy Efficiency Retrofit Program. In April 2024, EcoGreen Solutions LLC, conducted an energy efficiency survey of City-owned facilities at no cost to the city. EcoGreen identified several City facilities: City Hall, Police Station, Fire Station, Pool, Community Center, Water and Wastewater facilities, and Public Works corporation yard building where upgrades to the latest Energy Efficiency infrastructure will help make Calistoga more sustainable by reducing energy consumption and save costs for the city long term.
DISCUSSION:
The California legislature has encouraged energy efficient improvements for public facilities by allowing flexible contracting and associated financing for certain energy- related projects without the need to follow formal procurement rules if the required findings are made.
Government Code sections 4217.10 – 4217.18 authorize the City Council to enter into an energy services contract and financing if it finds that: 1) the energy efficient improvements are in the best interest to the city; 2) and that the costs of the project will be less than the anticipated marginal cost are of the energy that would have been consumed in absence of the improvement (i.e., the energy cost savings exceed the project costs).
Item #7.1.
These findings must be made at a public hearing. This process saves costs and time for the City because it eliminates the need to separately contract for the design and construction phases of a qualifying project. The City may instead enter a “sole source” contract without formal bidding.
The initial energy audit estimates are as follows:
The findings of Government Code section 4217 et seq. are satisfied, and financing are in the best interests of the City, since the energy cost savings exceed the project costs with the annual cost savings of $17,976 being higher than the annual project cost of $13,534/yr ($116,389/8.6) for the longest payback period.
Staff recommends that the Council adopt the attached Resolution, thereby approving the Loan Agreement and energy conservation agreement with Eco-Green. This agreement will demonstrate the City’s commitment to energy efficiency and sustainability.
FINANCIAL IMPACT:
There is no upfront cost to the city to enroll in the program and complete the project.
The calculated energy savings between the new assets and the old, outdated assets pay for the upgrades through a PG&E no-interest loan for the project. The program allows for a ten-year payback period and all the projects listed above meet or exceed this criterion. After payback is complete, the city reaps the financial benefits of the full energy savings. As a bonus, during the payback period, the energy savings are fixed at today’s PG&E rates (not subject to increases) and the city saves on the labor costs to maintain/replace the outdated technologies.
CEQA STATUS:
The project and associated on-bill financing are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061 “common sense exemption” because it can be seen with certainty that they will not cause a significant effect on the environment; CEQA Guidelines section 15301 “Existing Facilities”, because the project consists of the minor alteration to existing equipment within City owned facilities.
Item #7.1.
ATTACHMENT(S):
1. Draft Resolution
2. On-Bill Financing Loan Agreement
3. Statement of Work
4. Fulfillment Quote
5. Energy Audit Information
Item #7.1.
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, ADOPTING A RESOLUTION FINDING PURSUANT TO GOVERNMENT CODE SECTION 4217 APPROVING SOLE
SOURCE ENERGY SERVICES CONTRACT WITH ECOGREEN SOLUTIONS LLC
FOR THE CITY BUILDING/FACILITIES ENERGY EFFICIENCY UPGRADES
PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
PG&E ON-BILL LOAN FINANCING AGREEMENTS TO COMPLETE THE PROJECT WHEREAS, city staff have continuously sought to implement energy efficiency projects in city-owned facilities to help reduce operating costs and greenhouse gas emissions. PG&E has an Energy Efficiency Program with the main goal to reduce the load on the overall electrical grid, reduce dependence on fossil fuels and help California and its large energy users to meet their energy reduction goals; and WHEREAS, EcoGreen is a federally recognized energy services company that specializes in energy efficiency upgrades and is an authorized agent for PG&E’s Energy Efficiency Retrofit Program and in April 2024, EcoGreen Solutions LLC, conducted an energy efficiency survey of City-owned facilities at no cost to the city. EcoGreen identified several City facilities: City Hall, Police Station, Fire Station, Pool, Community Center, Water and Wastewater facilities, and Public Works corporation yard building where upgrades to the latest Energy Efficiency infrastructure will help make Calistoga more sustainable by reducing energy consumption and save costs for the city long term; and
WHEREAS, Government Code section 4217 et seq. authorizes the City to forgo the standard procurement process for qualifying energy services contracts and associated financing if the City Council makes findings that it is in the best interest of the City, and that the anticipated cost to Calistoga will be less than the anticipated marginal costs are of the energy that would have been consumed by the City in absence of implementation of the improvements (i.e., the energy cost savings exceed the project costs); and
WHEREAS, the City wishes to contract with EcoGreen as a “sole-source” vendor pursuant to Government Code section 4217 et seq. to undertake the recommended improvements as set forth in the “Statement of Work” attachment 2, hereto (the “Project”); and
WHEREAS, PG&E provides no-interest loans for the purpose of upgrading to more energy efficient technologies to reduce energy usage for public agencies through their Energy Efficiency Retrofit Loan Program; and the city wishes to utilize said on-bill financing at 0% interest for up to 10 years through PG&E for all eligible costs for the Project anticipated to be $116,389 as set forth in the On-Bill Loan Financing Agreement ATTACHMENT 3 (“Financing”); and
ATTACHMENT 1
Item #7.1.
Resolution No. 2025-XXX
WHEREAS, the City desires to use Government Code 4217 et seq. as a basis to have EcoGreen complete the Project and provide its Financing through the program; and
WHEREAS, on January 1, 2025, California Assembly Bill 2208 - Mercury Lamp Pollution Prevention goes into effect. The bill outlaws the use of fluorescent lamps. The PG&E program makes the city compliant with this bill; and WHEREAS, on February 25, 2025, the City Council held a public hearing at the regularly scheduled meeting and noticed at least two weeks in advance for the purposes to consider the Project and Financing pursuant to Government Code section 4217 et seq; and
WHEREAS, the findings of Government Code section 4217 et seq. are satisfied, and financing are in the best interests of the City, since the energy cost savings exceed the project costs with the annual cost savings of $17,976 being higher than the annual project cost of $13,534/yr ($116,389/8.6) for the longest payback period; and WHEREAS, the project and associated on-bill financing are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061 “common sense exemption” because it can be seen with certainty that they will not cause a significant effect on the environment; CEQA Guidelines section 15301 “Existing Facilities”, because the project consists of the minor alteration to existing equipment in City owned facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Find that the recitals stated above are true and correct and incorporated herein by reference.
2. Find that the Project and Financing are in the best interests of the city because the city facility equipment and lighting improvements will result in a reduction of greenhouse gas emissions and operating costs.
3. Find that the annual cost savings of $17,976 are higher than the annual project cost $13,534/yr ($116,389/8.6) over the life of the project.
4. Authorizes the City Manager to execute the On-Bill Financing Loan Agreements and any other necessary documents for the Project.
5. Authorizes the City Manager to execute a “sole source” agreement with EcoGreen to implement the Project; and
6. The Project and Financing are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061 “common sense exemption” because it can be seen with certainty that they will not cause a significant effect on the environment; CEQA Guidelines section 15301 “Existing Item #7.1.
Resolution No. 2025-XXX
Facilities”, because the Project consists of the minor alteration to existing equipment in City owned facilities.
PASSED, APPROVED AND ADOPTED this 25th 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 #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
1 Form 79-1194
Advice 4085-G/5517-E
April 2019
LOCAL AGENCY AND DISTRICT
CUSTOMERS
ON-BILL FINANCING LOAN AGREEMENT
The undersigned Local Agency or District1 Customer (“Customer”) has contracted for the provision of energy efficiency/demand response equipment and services (the “Work”) which qualify for one or more of PG&E’s applicable rebate or incentive programs. Subject to the conditions (including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas and Electric Company (“PG&E”) shall extend a loan (the “Loan”) to Customer in the amount of the loan balance (the “Loan Balance”) pursuant to the terms of this On-Bill Financing Loan Agreement (“Loan Agreement”) and PG&E’s rate schedules E-OBF and/or G-OBF, as applicable (the “Schedule”).
To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as required by PG&E (the “Application”). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the “Agreement".
1. Customer shall arrange for its Contractor, as identified at the end of this Agreement (“Contractor”), to provide the Work as described in the Application.
2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the Application and/or herein are completed (the “Adjustment”). The Adjustment will be calculated using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no event will the Loan Balance be increased without Customer’s written consent, even if Customer is eligible for such increased Loan Balance.
Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple payback period exceeds the program maximum payback period, each as described in the Application, PG&E shall have no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of this Loan Agreement upon Customer’s written consent to such increase.
3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied, regarding the Work. The Parties acknowledge and agree that PG&E is only providing the Local Agency or District cited here with financing. The Customer has independently hired contractors ("Local Agency or District Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer acknowledges and agrees that the Local Agency or District Contractors are not third party beneficiaries to this agreement between the Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only to Local Agency or District Contractors for any claims related to the installed equipment or its performance and that PG&E shall have no responsibility or liability, except for the payment of the loan proceeds, and the Customer shall indemnify PG&E for any claims made by the Local Agency or District Contractors against PG&E.
4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customer’s business, and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly organized, validly existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.
5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the transactions contemplated under the Agreement.
________________________________________________________________________________ 1 Local Agency or District as defined in California Government Code §50001 and §58004.
ATTACHMENT 2
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
2 Form 79-1194
Advice 4085-G/5517-E
April 2019
6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E’s On-Bill Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E’s reasonable satisfaction, PG&E will issue a check (“Check”) to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the “Issuance Date”. If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer shall be responsible for the excess due to the Contractor.
7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.
8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E’s discretion.
Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment terms will apply:
a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility bill or loan installment bill rendered in connection with Customer’s account (identified by the number set forth below) (“Account”), commencing with the bill which has a due date falling at least 30 days after the Issuance Date. b. Check Made Payable to Customer □ or Contractor □ c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at PG&E’s discretion.
d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the loan installment bill.
e. Further payment details are set forth below.
9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the Customer’s billing address of record in PG&E’s customer billing system from time to time, and in each case shall be effective five (5) days after they have been mailed.
10. The Loan Balance shall not bear interest.
11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On-Bill Financing Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received from Customer without PG&E’s prior approval may, at PG&E’s sole discretion, be applied proportionally to subsequent energy charges and Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.
12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if: (i) the Account is closed or terminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment forming part of the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes “Insolvent” if: (i) Customer is unable to pay its debts as they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or permits the appointment of a receiver for its business or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days.
13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting, and collection procedures, including, without limitation, legal action.
14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2. the Application; 3. any documents attached to the Application.
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
3 Form 79-1194
Advice 4085-G/5517-E
April 2019
15. LOCAL AGENCY OR DISTRICT REQUIREMENT
a. All Payment Obligations Subject to Appropriation
The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for electric use. All payment obligations and the Work replacement obligations of the Customer under this Loan Agreement or any related agreement or application is subject to appropriation by the Legislative body belonging to Local Agency or District cited in this loan agreement.
b. Check Made Payable to Customer □ or Contractor □ (1) Notwithstanding any other provision in this Loan Agreement – , PG&E acknowledges that nothing in this Loan Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated (collectively, the “Related Facilities”). Accordingly, PG&E agrees it will not record or file any instrument that would indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC-1. (2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the Local Agency or District cited here or any other issuer of bonds on behalf of the Local Agency or District concerning the Related Facilities entered into in the past, the present or the future (the “Senior Security Documents”); and (ii) any term or condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security Documents.
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
4 Form 79-1194
Advice 4085-G/5517-E
April 2019
16. Loan Particulars.
This table is to be completed by PG&E
Total Cost Incentive Customer
Buy- Down
(if applicable)
Loan Balance 1 Monthly Payment Term 2
(months)
Number of
Payments
$ 12,970.43 $ - $ - $ 12,970.43 $ 202.66 64 64
Check Made Payable to Customer □ or Contractor □
[customer to select payment method. Note that only one check can be issued]
17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.
Federal Tax ID or Social Security #, Customer Federal Tax ID or Social Security #, Contractor 94-6000305 80-0196823
PG&E Account # / Service Agreement #
0626781557 / 0626781257
Account Name, Customer Name, Contractor
Primary Customer Name: CITY OF CALISTOGA - 1235
WASHINGTON ST
ECOGREEN SOLUTIONS, COREY BROPHY
Project ID: City of Calistoga - City Police & Jail
FA ID: 015412
Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check Delivery) 27671 LA PAZ RD STE 100
LAGUNA NIGUEL CA 92677
Name and Title of Authorized Representative of
.Customer
Name and Title of Authorized Representative of
.Contractor
COREY BROPHY, ECOGREEN SOLUTIONS
Signature of Authorized Representative of Customer
Date
ACCEPTED: Pacific Gas and Electric Company
By Date
PG&E On-Bill Financing Authorized Representative
Mailing Address
Pacific Gas & Electric Company
On-Bill Financing Program
Post Office Box 28209
Oakland, CA 94604-8209
1 The Loan Balance shall not exceed two-hundred fifty thousand dollars ($250,000), except where, in PG&E’s sole opinion, the opportunity for uniquely large energy savings exist, in which case the Loan Balance may exceed two-hundred fifty thousand dollars ($250,000) but shall not exceed four million dollars ($4,000,000). 2 The loan term in months will be established by PG&E at the time of the OBF Loan Agreement initiation. The maximum loan term shall be one hundred and twenty (120) months.
DEREK RAYNER, DIRECTOR OF PUBLIC WORKS
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
5 Form 79-1194
Advice 4085-G/5517-E
April 2019
On-Bill Financing Program (OBF)
Loan Calculation Summary Sheet
Simple project payback per meter
Customer Name: CITY OF CALISTOGA - 1235 WASHINGTON ST
Project Number: FA ID 015412
Calculations from:
Original
(A)
PROJECT COST FOR
MEASURES
(B)
REBATES or INCENTIVES
Check Made Payable to
Customer □ or
Contractor □
CUSTOMER
TOTAL LOAN
AMOUNT
(C)
CUSTOMER
AVERAGE RATE
PER kWh
(D)
CUSTOMER AVERAGE
RATE PER Therm
(E)
ESTIMATED
ANNUAL
ENERGY
SAVINGS
(kWh)
(F)
ESTIMATED
ANNUAL GAS
SAVINGS
(Therm)
ESTIMATED
ANNUAL ENERGY
COST SAVINGS
SIMPLE
PAYBACK
IN YEARS
$ 12,970.43 $ - $ - $ 12,970.43 $ 0.35 7,174.90 - $ 2,475.73 5.24
PAYBACK IN MONTHS
BASED ON EXPECTED
ENERGY SAVINGS
LOAN TERM (MONTHS)
(1 month added for bill
neutrality)
CUSTOMER FIXED
MONTHLY LOAN
PAYMENT
ESTIMATED
MONTHLY
ENERGY COST
SAVINGS
63 64 $ 202.66 $ 206.31
(C) = (From utility bill) Total $ amount (12-month) / Total kWh (same 12-month) (D) = (From utility bill) Total $ amount (12-month) / Total therm (same 12-month) Item #7.1.
1 Form 79-1143
Advice 4085-G/5517-E
April 2019
CALIFORNIA STATE GOVERNMENT
CUSTOMERS ON-BILL FINANCING LOAN
AGREEMENT
The undersigned customer (“Customer”) has contracted for the provision of energy efficiency/demand response equipment and services (the “Work”) which qualify for one or more of PG&E’s applicable rebate or incentive programs. Subject to the conditions (including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas and Electric Company (“PG&E”) shall extend a loan (the “Loan”) to Customer in the amount of the loan balance (the “Loan Balance”) pursuant to the terms of this On-Bill Financing Loan Agreement (“Loan Agreement”) and PG&E’s rate schedules E-OBF and/or G-OBF, as applicable (the “Schedule”).
To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as required by PG&E (the “Application”). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the “Agreement".
1. Customer shall arrange for its Contractor, as identified at the end of this Agreement (“Contractor”), to provide the Work as described in the Application.
2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the Application and/or herein are completed (the “Adjustment”). The Adjustment will be calculated using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no event will the Loan Balance be increased without Customer’s written consent, even if Customer is eligible for such increased Loan Balance.
Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple payback period exceeds the program maximum payback period, each as described in the Application, PG&E shall have no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of this Loan Agreement upon Customer’s written consent to such increase.
3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied, regarding the Work. The Parties acknowledge and agree that PG&E is only providing the State with financing. The Customer has independently hired contractors ("State Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer acknowledges and agrees that the State Contractors are not third party beneficiaries to this agreement between the Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only to State Contractors for any claims related to the installed equipment or its performance and that PG&E shall have no responsibility or liability, except for the payment of the loan proceeds, and the Customer shall indemnify PG&E for any claims made by the State Contractors against PG&E.
4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customer’s business, and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly organized, validly existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.
5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the transactions contemplated under the Agreement.
Item #7.1.
2 Form 79-1143
Advice 4085-G/5517-E
April 2019
6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E’s On-Bill Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E’s reasonable satisfaction, PG&E will issue a check (“Check”) to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the “Issuance Date”. If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer shall be responsible for the excess due to the Contractor.
7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.
8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E’s discretion.
Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment terms will apply:
a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility bill or loan installment bill rendered in connection with Customer’s account (identified by the number set forth below) (“Account”), commencing with the bill which has a due date falling at least 30 days after the Issuance Date. b. If separate energy service bills and loan installment bills are provided, amounts due under this Loan Agreement as shown in the loan installment bill shall be deemed to be amounts due under each energy services bill to the Account, and a default under this Loan Agreement shall be treated as a default under the Account. c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at PG&E’s discretion.
d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the loan installment bill.
e. Further payment details are set forth below.
9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the Customer’s billing address of record in PG&E’s customer billing system from time to time, and in each case shall be effective five (5) days after they have been mailed.
10. The Loan Balance shall not bear interest.
11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On-Bill Financing Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received from Customer without PG&E’s prior approval may, at PG&E’s sole discretion, be applied proportionally to subsequent energy charges and Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.
12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if: (i) the Account is closed or terminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment forming part of the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes “Insolvent” if: (i) Customer is unable to pay its debts as they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or permits the appointment of a receiver for its business or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days.
13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting, and collection procedures, including, without limitation, legal action.
14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2. the Application; 3. any documents attached to the Application.
Item #7.1.
3 Form 79-1143
Advice 4085-G/5517-E
April 2019
15. STATE OF CALIFORNIA REQUIREMENT
a. All Payment Obligations Subject to Appropriation
The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for electricity use. All payment obligations and the Work replacement obligations of the Customer under this Loan Agreement or any related agreement or application is subject to appropriation by the Legislature of the State of California.
b. No Lien or Encumbrance; Subordination:
(1) Notwithstanding any other provision in this Loan Agreement – , PG&E acknowledges that nothing in this Loan Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated (collectively, the “Related Facilities”). Accordingly, PG&E agrees it will not record or file any instrument that would indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC-1. (2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the State Public Works Board of the State of California or any other issuer of bonds on behalf of the state concerning the Related Facilities entered into in the past, the present or the future (the “Senior Security Documents”); and (ii) any term or condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security Documents.
Item #7.1.
4 Form 79-1143
Advice 4085-G/5517-E
April 2019
16. Loan Particulars.
This table is to be completed by PG&E
Total Cost Incentive Customer
Buy- Down
(if applicable)
Loan Balance 1 Monthly Payment Term 2
(months)
Number of
Payments
$ 71,624.46 $ - $ - $ 71,624.46 $ 918.26 78 78
Check Made Payable to Customer □ or Contractor □
[customer to select payment method. Note that only one check can be issued]
17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.
Federal Tax ID or Social Security #, Customer Federal Tax ID or Social Security #, Contractor 94-6000305 80-0196823
PG&E Account # / Service Agreement #
3185886582 / 3185886475
Account Name, Customer Name, Contractor
Primary Customer Name: CITY OF CALISTOGA - 1745
WASHINGTON ST
EcoGreen Solutions, Corey Brophy
Project ID: City of Calistoga - Community Pool
FA ID: 015415
Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check Delivery) 27671 La Paz Rd, Suite 100
Laguna Niguel CA 92677
Name and Title of Authorized Representative of
.Customer
Name and Title of Authorized Representative of
.Contractor
Corey Brophy, EcoGreen Solutions
Signature of Authorized Representative of Customer
Date
ACCEPTED: Pacific Gas and Electric Company
By Date
PG&E On-Bill Financing Authorized Representative
Mailing address:
Pacific Gas & Electric Company
On-Bill Financing Program
Post Office Box 28209
Oakland, CA 94604-8209
1 The Loan Balance shall not exceed two-hundred fifty thousand dollars ($250,000), except where, in PG&E’s sole opinion, the opportunity for uniquely large energy savings exist, in which case the Loan Balance may exceed two-hundred fifty thousand dollars ($250,000) but shall not exceed four million dollars ($4,000,000). 2 The loan term in months will be established by PG&E at the time of the OBF Loan Agreement initiation. The maximum loan term shall be one hundred and twenty (120) months.
Item #7.1.
5 Form 79-1143
Advice 4085-G/5517-E
April 2019
On-Bill Financing Program (OBF)
Loan Calculation Summary Sheet
Simple project payback per meter
Customer Name: CITY OF CALISTOGA - 1745 WASHINGTON ST
Project Number: FA ID: 015415
Calculations from:
Original
(A)
PROJECT COST FOR
MEASURES
(B)
REBATES or
INCENTIVES
Customer Down Payment
or Buy-Down
CUSTOMER
TOTAL LOAN
AMOUNT
(C)
CUSTOMER
AVERAGE RATE
PER kWh
(D)
CUSTOMER AVERAGE
RATE PER Therm
(E)
ESTIMATED
ANNUAL
ENERGY
SAVINGS
(kWh)
(F)
ESTIMATED
ANNUAL GAS
SAVINGS
(Therm)
ESTIMATED
ANNUAL ENERGY
COST SAVINGS
SIMPLE
PAYBACK
IN YEARS
$ 71,624.46 $ - $ - $ 71,624.46 $ 0.29 $ - 37,917.05 (1.00) $ 11,166.68 6.41
PAYBACK IN MONTHS
BASED ON EXPECTED
ENERGY SAVINGS
LOAN TERM (MONTHS)
(1 month added for bill
neutrality)
CUSTOMER FIXED
MONTHLY LOAN
PAYMENT
ESTIMATED
MONTHLY
ENERGY COST
SAVINGS
77 78 $ 918.26 $ 930.56
(C) = (From utility bill) Total $ amount (12-month) / Total kWh (same 12-month) (D) = (From utility bill) Total $ amount (12-month) / Total therm (same 12-month) Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
1 Form 79-1194
Advice 4085-G/5517-E
April 2019
LOCAL AGENCY AND DISTRICT
CUSTOMERS
ON-BILL FINANCING LOAN AGREEMENT
The undersigned Local Agency or District1 Customer (“Customer”) has contracted for the provision of energy efficiency/demand response equipment and services (the “Work”) which qualify for one or more of PG&E’s applicable rebate or incentive programs. Subject to the conditions (including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas and Electric Company (“PG&E”) shall extend a loan (the “Loan”) to Customer in the amount of the loan balance (the “Loan Balance”) pursuant to the terms of this On-Bill Financing Loan Agreement (“Loan Agreement”) and PG&E’s rate schedules E-OBF and/or G-OBF, as applicable (the “Schedule”).
To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as required by PG&E (the “Application”). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the “Agreement".
1. Customer shall arrange for its Contractor, as identified at the end of this Agreement (“Contractor”), to provide the Work as described in the Application.
2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the Application and/or herein are completed (the “Adjustment”). The Adjustment will be calculated using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no event will the Loan Balance be increased without Customer’s written consent, even if Customer is eligible for such increased Loan Balance.
Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple payback period exceeds the program maximum payback period, each as described in the Application, PG&E shall have no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of this Loan Agreement upon Customer’s written consent to such increase.
3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied, regarding the Work. The Parties acknowledge and agree that PG&E is only providing the Local Agency or District cited here with financing. The Customer has independently hired contractors ("Local Agency or District Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer acknowledges and agrees that the Local Agency or District Contractors are not third party beneficiaries to this agreement between the Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only to Local Agency or District Contractors for any claims related to the installed equipment or its performance and that PG&E shall have no responsibility or liability, except for the payment of the loan proceeds, and the Customer shall indemnify PG&E for any claims made by the Local Agency or District Contractors against PG&E.
4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customer’s business, and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly organized, validly existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.
5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the transactions contemplated under the Agreement.
________________________________________________________________________________ 1 Local Agency or District as defined in California Government Code §50001 and §58004.
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
2 Form 79-1194
Advice 4085-G/5517-E
April 2019
6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E’s On-Bill Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E’s reasonable satisfaction, PG&E will issue a check (“Check”) to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the “Issuance Date”. If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer shall be responsible for the excess due to the Contractor.
7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.
8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E’s discretion.
Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment terms will apply:
a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility bill or loan installment bill rendered in connection with Customer’s account (identified by the number set forth below) (“Account”), commencing with the bill which has a due date falling at least 30 days after the Issuance Date. b. Check Made Payable to Customer □ or Contractor □ c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at PG&E’s discretion.
d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the loan installment bill.
e. Further payment details are set forth below.
9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the Customer’s billing address of record in PG&E’s customer billing system from time to time, and in each case shall be effective five (5) days after they have been mailed.
10. The Loan Balance shall not bear interest.
11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On-Bill Financing Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received from Customer without PG&E’s prior approval may, at PG&E’s sole discretion, be applied proportionally to subsequent energy charges and Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.
12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if: (i) the Account is closed or terminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment forming part of the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes “Insolvent” if: (i) Customer is unable to pay its debts as they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or permits the appointment of a receiver for its business or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days.
13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting, and collection procedures, including, without limitation, legal action.
14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2. the Application; 3. any documents attached to the Application.
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
3 Form 79-1194
Advice 4085-G/5517-E
April 2019
15. LOCAL AGENCY OR DISTRICT REQUIREMENT
a. All Payment Obligations Subject to Appropriation
The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for electric use. All payment obligations and the Work replacement obligations of the Customer under this Loan Agreement or any related agreement or application is subject to appropriation by the Legislative body belonging to Local Agency or District cited in this loan agreement.
b. Check Made Payable to Customer □ or Contractor □ (1) Notwithstanding any other provision in this Loan Agreement – , PG&E acknowledges that nothing in this Loan Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated (collectively, the “Related Facilities”). Accordingly, PG&E agrees it will not record or file any instrument that would indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC-1. (2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the Local Agency or District cited here or any other issuer of bonds on behalf of the Local Agency or District concerning the Related Facilities entered into in the past, the present or the future (the “Senior Security Documents”); and (ii) any term or condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security Documents.
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
4 Form 79-1194
Advice 4085-G/5517-E
April 2019
16. Loan Particulars.
This table is to be completed by PG&E
Total Cost Incentive Customer
Buy- Down
(if applicable)
Loan Balance 1 Monthly Payment Term 2
(months)
Number of
Payments
$ 14,344.02 $ - $ - $ 14,344.02 $ 188.74 76 76
Check Made Payable to Customer □ or Contractor □
[customer to select payment method. Note that only one check can be issued]
17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.
Federal Tax ID or Social Security #, Customer Federal Tax ID or Social Security #, Contractor 94-6000305 80-0196823
PG&E Account # / Service Agreement #
0626781557 / 0627184571
Account Name, Customer Name, Contractor
Primary Customer Name: CITY OF CALISTOGA - 1113
WASHINGTON ST
ECOGREEN SOLUTIONS, COREY BROPHY
Project ID: City of Calistoga - Fire Station
FA ID: 015407
Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check Delivery) 27671 LA PAZ RD STE 100
LAGUNA NIGUEL CA 92677
Name and Title of Authorized Representative of
.Customer
Name and Title of Authorized Representative of
.Contractor
COREY BROPHY, ECOGREEN SOLUTIONS
Signature of Authorized Representative of Customer
Date
ACCEPTED: Pacific Gas and Electric Company
By Date
PG&E On-Bill Financing Authorized Representative
Mailing Address
Pacific Gas & Electric Company
On-Bill Financing Program
Post Office Box 28209
Oakland, CA 94604-8209
1 The Loan Balance shall not exceed two-hundred fifty thousand dollars ($250,000), except where, in PG&E’s sole opinion, the opportunity for uniquely large energy savings exist, in which case the Loan Balance may exceed two-hundred fifty thousand dollars ($250,000) but shall not exceed four million dollars ($4,000,000). 2 The loan term in months will be established by PG&E at the time of the OBF Loan Agreement initiation. The maximum loan term shall be one hundred and twenty (120) months.
DEREK RAYNER, DIRECTOR OF PIBLIC WORKS
Item #7.1.
____________________________________________________
Automated Document – Preliminary Statement Part A
5 Form 79-1194
Advice 4085-G/5517-E
April 2019
On-Bill Financing Program (OBF)
Loan Calculation Summary Sheet
Simple project payback per meter
Customer Name: CITY OF CALISTOGA - 1113 WASHINGTON ST
Project Number: FA ID 015407
Calculations from:
Original
(A)
PROJECT COST FOR
MEASURES
(B)
REBATES or INCENTIVES
Check Made Payable to
Customer □ or
Contractor □
CUSTOMER
TOTAL LOAN
AMOUNT
(C)
CUSTOMER
AVERAGE RATE
PER kWh
(D)
CUSTOMER AVERAGE
RATE PER Therm
(E)
ESTIMATED
ANNUAL
ENERGY
SAVINGS
(kWh)
(F)
ESTIMATED
ANNUAL GAS
SAVINGS
(Therm)
ESTIMATED
ANNUAL ENERGY
COST SAVINGS
SIMPLE
PAYBACK
IN YEARS
$ 14,344.02 $ - $ - $ 14,344.02 $ 0.42 5,473.50 (10.00) $ 2,292.76 6.26
PAYBACK IN MONTHS
BASED ON EXPECTED
ENERGY SAVINGS
LOAN TERM (MONTHS)
(1 month added for bill
neutrality)
CUSTOMER FIXED
MONTHLY LOAN
PAYMENT
ESTIMATED
MONTHLY
ENERGY COST
SAVINGS
75 76 $ 188.74 $ 191.06
(C) = (From utility bill) Total $ amount (12-month) / Total kWh (same 12-month) (D) = (From utility bill) Total $ amount (12-month) / Total therm (same 12-month) Item #7.1.
1 Form 79-1143
Advice 4085-G/5517-E
April 2019
CALIFORNIA STATE GOVERNMENT
CUSTOMERS ON-BILL FINANCING LOAN
AGREEMENT
The undersigned customer (“Customer”) has contracted for the provision of energy efficiency/demand response equipment and services (the “Work”) which qualify for one or more of PG&E’s applicable rebate or incentive programs. Subject to the conditions (including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas and Electric Company (“PG&E”) shall extend a loan (the “Loan”) to Customer in the amount of the loan balance (the “Loan Balance”) pursuant to the terms of this On-Bill Financing Loan Agreement (“Loan Agreement”) and PG&E’s rate schedules E-OBF and/or G-OBF, as applicable (the “Schedule”).
To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as required by PG&E (the “Application”). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the “Agreement".
1. Customer shall arrange for its Contractor, as identified at the end of this Agreement (“Contractor”), to provide the Work as described in the Application.
2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the Application and/or herein are completed (the “Adjustment”). The Adjustment will be calculated using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no event will the Loan Balance be increased without Customer’s written consent, even if Customer is eligible for such increased Loan Balance.
Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple payback period exceeds the program maximum payback period, each as described in the Application, PG&E shall have no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of this Loan Agreement upon Customer’s written consent to such increase.
3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied, regarding the Work. The Parties acknowledge and agree that PG&E is only providing the State with financing. The Customer has independently hired contractors ("State Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer acknowledges and agrees that the State Contractors are not third party beneficiaries to this agreement between the Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only to State Contractors for any claims related to the installed equipment or its performance and that PG&E shall have no responsibility or liability, except for the payment of the loan proceeds, and the Customer shall indemnify PG&E for any claims made by the State Contractors against PG&E.
4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customer’s business, and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly organized, validly existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.
5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the transactions contemplated under the Agreement.
Item #7.1.
2 Form 79-1143
Advice 4085-G/5517-E
April 2019
6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E’s On-Bill Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E’s reasonable satisfaction, PG&E will issue a check (“Check”) to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the “Issuance Date”. If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer shall be responsible for the excess due to the Contractor.
7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.
8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E’s discretion.
Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment terms will apply:
a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility bill or loan installment bill rendered in connection with Customer’s account (identified by the number set forth below) (“Account”), commencing with the bill which has a due date falling at least 30 days after the Issuance Date. b. If separate energy service bills and loan installment bills are provided, amounts due under this Loan Agreement as shown in the loan installment bill shall be deemed to be amounts due under each energy services bill to the Account, and a default under this Loan Agreement shall be treated as a default under the Account. c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at PG&E’s discretion.
d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the loan installment bill.
e. Further payment details are set forth below.
9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the Customer’s billing address of record in PG&E’s customer billing system from time to time, and in each case shall be effective five (5) days after they have been mailed.
10. The Loan Balance shall not bear interest.
11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On-Bill Financing Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received from Customer without PG&E’s prior approval may, at PG&E’s sole discretion, be applied proportionally to subsequent energy charges and Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.
12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if: (i) the Account is closed or terminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment forming part of the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes “Insolvent” if: (i) Customer is unable to pay its debts as they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or permits the appointment of a receiver for its business or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days.
13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting, and collection procedures, including, without limitation, legal action.
14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2. the Application; 3. any documents attached to the Application.
Item #7.1.
3 Form 79-1143
Advice 4085-G/5517-E
April 2019
15. STATE OF CALIFORNIA REQUIREMENT
a. All Payment Obligations Subject to Appropriation
The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for electricity use. All payment obligations and the Work replacement obligations of the Customer under this Loan Agreement or any related agreement or application is subject to appropriation by the Legislature of the State of California.
b. No Lien or Encumbrance; Subordination:
(1) Notwithstanding any other provision in this Loan Agreement – , PG&E acknowledges that nothing in this Loan Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated (collectively, the “Related Facilities”). Accordingly, PG&E agrees it will not record or file any instrument that would indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC-1. (2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the State Public Works Board of the State of California or any other issuer of bonds on behalf of the state concerning the Related Facilities entered into in the past, the present or the future (the “Senior Security Documents”); and (ii) any term or condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security Documents.
Item #7.1.
4 Form 79-1143
Advice 4085-G/5517-E
April 2019
16. Loan Particulars.
This table is to be completed by PG&E
Total Cost Incentive Customer
Buy- Down
(if applicable)
Loan Balance 1 Monthly Payment Term 2
(months)
Number of
Payments
$ 17,450.41 $ - $ - $ 17,450.41 $ 167.79 104 104
Check Made Payable to Customer □ or Contractor □
[customer to select payment method. Note that only one check can be issued]
17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.
Federal Tax ID or Social Security #, Customer Federal Tax ID or Social Security #, Contractor 94-6000305 80-0196823
PG&E Account # / Service Agreement #
0626781557 / 0626781297
Account Name, Customer Name, Contractor
Primary Customer Name: CITY OF CALISTOGA - 414
WASHINGTON ST
EcoGreen Solutions, Corey Brophy
Project ID: City of Calistoga - Public Works Department FA ID: 015406
Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check Delivery) 27671 La Paz Rd, Suite 100
Laguna Niguel CA 92677
Name and Title of Authorized Representative of
.Customer
Name and Title of Authorized Representative of
.Contractor
Corey Brophy, EcoGreen Solutions
Signature of Authorized Representative of Customer
Date
ACCEPTED: Pacific Gas and Electric Company
By Date
PG&E On-Bill Financing Authorized Representative
Mailing address:
Pacific Gas & Electric Company
On-Bill Financing Program
Post Office Box 28209
Oakland, CA 94604-8209
1 The Loan Balance shall not exceed two-hundred fifty thousand dollars ($250,000), except where, in PG&E’s sole opinion, the opportunity for uniquely large energy savings exist, in which case the Loan Balance may exceed two-hundred fifty thousand dollars ($250,000) but shall not exceed four million dollars ($4,000,000). 2 The loan term in months will be established by PG&E at the time of the OBF Loan Agreement initiation. The maximum loan term shall be one hundred and twenty (120) months.
Item #7.1.
5 Form 79-1143
Advice 4085-G/5517-E
April 2019
On-Bill Financing Program (OBF)
Loan Calculation Summary Sheet
Simple project payback per meter
Customer Name: CITY OF CALISTOGA - 414 WASHINGTON ST
Project Number: FA ID: 015406
Calculations from:
Original
(A)
PROJECT COST FOR
MEASURES
(B)
REBATES or
INCENTIVES
Customer Down Payment
or Buy-Down
CUSTOMER
TOTAL LOAN
AMOUNT
(C)
CUSTOMER
AVERAGE RATE
PER kWh
(D)
CUSTOMER AVERAGE
RATE PER Therm
(E)
ESTIMATED
ANNUAL
ENERGY
SAVINGS
(kWh)
(F)
ESTIMATED
ANNUAL GAS
SAVINGS
(Therm)
ESTIMATED
ANNUAL ENERGY
COST SAVINGS
SIMPLE
PAYBACK
IN YEARS
$ 17,450.41 $ - $ - $ 17,450.41 $ 0.42 4,902.20 (7.00) $ 2,039.54 8.56
PAYBACK IN MONTHS
BASED ON EXPECTED
ENERGY SAVINGS
LOAN TERM (MONTHS)
(1 month added for bill
neutrality)
CUSTOMER FIXED
MONTHLY LOAN
PAYMENT
ESTIMATED
MONTHLY
ENERGY COST
SAVINGS
103 104 $ 167.79 $ 169.96
(C) = (From utility bill) Total $ amount (12-month) / Total kWh (same 12-month) (D) = (From utility bill) Total $ amount (12-month) / Total therm (same 12-month) Item #7.1.
1 Statement of Work
1. SCOPE OF WORK: EcoGreen Solutions shall furnish all
the materials and perform all of the work shown and/or
described in the Energy Audit and Quote. EcoGreen
Solutions is not responsible for touch up work i.e. – paint where replacement fixtures don’t exactly match existing fixtures, ceiling tiles, etc…
a. VFD/VSD installation: If the project includes a
VFD/VSD, standard installation costs include – VFD,
startup, card, programming, installation of any conduit, running power, concrete footing (if needed), VFD
mounting and interconnect to SCADA panel. Installation
costs that are not included and would be an additional
cost – wiring diagrams, fencing, gates, enclosures, relay box, controls.
2. PROJECT COST: The amount due for material and labor
to be performed is $12,970.43, subject to additions and deductions pursuant to authorized change
orders/adjustment letters.
3. PAYMENT & UTILITY FINANCING: EcoGreen Solutions
has worked with Customer to secure Utility financing on behalf of the Customer to fund payment of this project, of which, terms and payback periods are detailed in the
Utility On-Bill Financing (OBF) documentation – PGE
Project #/TIF # 15412.
Payment of the project shall be paid in the manner
following:
Project Cost $12,970.43
Estimated Tax Benefit $0
Estimated Utility OBF $12,970.43
SUBTOTAL $0
Estimated Customer Out of
Pocket Contribution
$0
a. Customer understands that final utility rebate
and OBF amounts issued may vary based on final
installation counts and subject to additions and
deductions pursuant to authorized change
orders/adjustment letters.
b. Customer understands that should utility
determine that OBF loan proceeds shall not be
issued due to customer’s credit standing or has
otherwise placed customer’s repayment of the
loan at risk, Customer shall be liable for payment
of any product, labor, and installation due. This
includes any product demos that aren’t returned
to EcoGreen Solutions.
c. Notice to Proceed: Once Utility On-Bill
Financing is approved, if required, EcoGreen
Solutions will provide LED demo fixture/lamps to
assure proper light levels, color and aesthetics.
Written confirmation from the Customer that
demos are approved and approval to move
forward with the ordering of product and
installation will serve as formal Notice To
Proceed.
4. GENERAL TERMS AND CONDITIONS
a. All work shall be completed in a workmanlike
manner and in compliance with all building
codes and other applicable laws.
b. To the extent required by law all work shall be
performed by individuals duly licensed and
authorized by law to perform the work.
c. EcoGreen Solutions may at its discretion
engage subcontractors to perform work
hereunder, provided EcoGreen Solutions shall
fully pay said subcontractor and in all instances
remain responsible for the proper completion of
the project.
d. EcoGreen Solutions warrants it is adequately
insured for injury to its employees and others
incurring loss or injury as a result of the acts of
EcoGreen Solutions or its employees and
subcontractors.
e. Customer shall at its own expense obtain all
permits necessary for the work to be performed.
f. EcoGreen Solutions agrees to remove all debris
and leave the premises in clean condition unless
instructed by Customer to do otherwise.
ATTACHMENT 3 Item #7.1.
2 g. EcoGreen Solutions shall dispose of all
hazardous lamps and tubes utilizing a proper
recycling program unless instructed by Customer
to do otherwise.
h. EcoGreen Solutions shall not be liable for any
delay due to circumstances beyond its control
including strikes, casualty or general
unavailability of materials.
i. Customer is responsible for verification of
fixture counts and hours of operation reflected
in the Energy Audit.
5. HAZARDOUS CONDITIONS: In the event that EcoGreen
Solutions discovers existing or developing spore or mold growth, asbestos or other potentially hazardous conditions at the Project location, EcoGreen Solutions will stop work and will not attempt to test, repair or remediate such
conditions. At Customer’s sole expense, Customer must
arrange to have the hazardous condition removed by a
third party in compliance with applicable laws within a reasonable period of time, or EcoGreen Solutions may
cancel this project. If the project is canceled, Customer agrees to pay EcoGreen Solutions the costs of materials, labor and services provided through the date of
cancellation.
6. WARRANTIES:
a. MANUFACTURER WARRANTIES. Products
installed as part of the scope of work are
covered by separate manufacturers’ warranties
(hereinafter, “Manufacturer Warranties”).
EcoGreen Solutions will assign to Customer any
Manufacturer Warranties in effect upon
installation. EcoGreen Solutions will also provide
Customer reasonable assistance in contacting
manufacturers. If manufacturer files for
bankruptcy or goes out of business, EcoGreen
Solutions is not liable or responsible for
continued warranty support.
b. LIMITED WARRANTY. EcoGreen Solutions
provides a limited warranty of 90 days (the
“Limited Warranty Period”), after the date of
invoice. For the avoidance of doubt, this Limited
Warranty does not cover parts already covered
by the Manufacturer Warranties set forth in
above. During the Limited Warranty Period,
EcoGreen Solutions will at its expense repair or
replace any parts or labor covered by the Limited
Warranty.
c. OBTAIN WARRANTY SERVICE. To obtain
warranty service, you must notify EcoGreen
Solutions in writing or via email at
[email protected] of any defect.
Provided that the Warranty has not expired, has
otherwise voided, or is subject to an exclusion,
EcoGreen Solutions will repair or replace the
defect within a reasonable time after you notify
EcoGreen Solutions.
If a fixture fails, please take a photo and send it
to [email protected], and include
location information in your email. The photo
should be close up so we can properly match the
product with the replacement. We will order
replacement products and schedule the
installation. If a product is in stock, EcoGreen
Solutions will ship the replacement
immediately. If the product is not in stock
EcoGreen Solutions will order the replacement
parts from the factory. Please be aware that
some of our suppliers require 6-8 weeks lead
time. EcoGreen Solutions does not cover
shipping and handling for fixtures.
If a fixture has failed and is past our 3 months
parts and labor period, EcoGreen Solutions will
work with the factory to get the replacement
material for you. We do not cover the cost of
shipping and handling from the factory to our
warehouse or to your location. If you do not
have a qualified electrician to install the
replacement product, please contact us at the
email address above. A quote for the labor to
install the product will be provided in 1-2
business days.
If a lamp fails, please follow the same procedure
as for fixtures. EcoGreen Solutions will send
Customer the replacement lamp. Labor is not
covered for lamps. Shipping and handling also is
not covered on warranty claims for lamps.
Warranty claims will not apply for:
• Product that has been modified by the
customer.
• Product that was subject to misuse,
vandalism or negligence.
*IMPORTANT* EcoGreen Solutions must receive
the fixture/lamp/driver back once your product
has been replaced. We can receive credit for the
replacement product only if the factory receives
the failed unit back. Failure to return the failed
product to EcoGreen Solutions within 30 days
will result in an invoice for the full retail price of
the product.
Item #7.1.
3 If the failed product has been discontinued by
the manufacturer and is no longer supported by
a factory, EcoGreen Solutions will suggest a
similar replacement LED fixture or lamp.
EcoGreen Solutions cannot be held responsible
for product lines that have been discontinued;
however, we will make every effort to find a
similarly performing product.
7. MAINTENANCE AND REPAIR: If the products require
maintenance or repair that is not covered by the
warranties set forth above, EcoGreen Solutions will not perform this work unless you enter into a separate
agreement to perform these services at your expense.
Item #7.1.
1 Statement of Work
1. SCOPE OF WORK: EcoGreen Solutions shall furnish all
the materials and perform all of the work shown and/or
described in the Energy Audit and Quote. EcoGreen
Solutions is not responsible for touch up work i.e. – paint where replacement fixtures don’t exactly match existing fixtures, ceiling tiles, etc…
a. VFD/VSD installation: If the project includes a
VFD/VSD, standard installation costs include – VFD,
startup, card, programming, installation of any conduit, running power, concrete footing (if needed), VFD
mounting and interconnect to SCADA panel. Installation
costs that are not included and would be an additional
cost – wiring diagrams, fencing, gates, enclosures, relay box, controls.
2. PROJECT COST: The amount due for material and labor
to be performed is $71,624.46, subject to additions and deductions pursuant to authorized change
orders/adjustment letters.
3. PAYMENT & UTILITY FINANCING: EcoGreen Solutions
has worked with Customer to secure Utility financing on behalf of the Customer to fund payment of this project, of which, terms and payback periods are detailed in the
Utility On-Bill Financing (OBF) documentation – PGE
Project #/TIF # 15415.
Payment of the project shall be paid in the manner
following:
Project Cost $71,624.46
Estimated Tax Benefit $0
Estimated Utility OBF $71,624.46
SUBTOTAL $0
Estimated Customer Out of
Pocket Contribution
$0
a. Customer understands that final utility rebate
and OBF amounts issued may vary based on final
installation counts and subject to additions and
deductions pursuant to authorized change
orders/adjustment letters.
b. Customer understands that should utility
determine that OBF loan proceeds shall not be
issued due to customer’s credit standing or has
otherwise placed customer’s repayment of the
loan at risk, Customer shall be liable for payment
of any product, labor, and installation due. This
includes any product demos that aren’t returned
to EcoGreen Solutions.
c. Notice to Proceed: Once Utility On-Bill
Financing is approved, if required, EcoGreen
Solutions will provide LED demo fixture/lamps to
assure proper light levels, color and aesthetics.
Written confirmation from the Customer that
demos are approved and approval to move
forward with the ordering of product and
installation will serve as formal Notice To
Proceed.
4. GENERAL TERMS AND CONDITIONS
a. All work shall be completed in a workmanlike
manner and in compliance with all building
codes and other applicable laws.
b. To the extent required by law all work shall be
performed by individuals duly licensed and
authorized by law to perform the work.
c. EcoGreen Solutions may at its discretion
engage subcontractors to perform work
hereunder, provided EcoGreen Solutions shall
fully pay said subcontractor and in all instances
remain responsible for the proper completion of
the project.
d. EcoGreen Solutions warrants it is adequately
insured for injury to its employees and others
incurring loss or injury as a result of the acts of
EcoGreen Solutions or its employees and
subcontractors.
e. Customer shall at its own expense obtain all
permits necessary for the work to be performed.
f. EcoGreen Solutions agrees to remove all debris
and leave the premises in clean condition unless
instructed by Customer to do otherwise.
Item #7.1.
2 g. EcoGreen Solutions shall dispose of all
hazardous lamps and tubes utilizing a proper
recycling program unless instructed by Customer
to do otherwise.
h. EcoGreen Solutions shall not be liable for any
delay due to circumstances beyond its control
including strikes, casualty or general
unavailability of materials.
i. Customer is responsible for verification of
fixture counts and hours of operation reflected
in the Energy Audit.
5. HAZARDOUS CONDITIONS: In the event that EcoGreen
Solutions discovers existing or developing spore or mold growth, asbestos or other potentially hazardous conditions at the Project location, EcoGreen Solutions will stop work and will not attempt to test, repair or remediate such
conditions. At Customer’s sole expense, Customer must
arrange to have the hazardous condition removed by a
third party in compliance with applicable laws within a reasonable period of time, or EcoGreen Solutions may
cancel this project. If the project is canceled, Customer agrees to pay EcoGreen Solutions the costs of materials, labor and services provided through the date of
cancellation.
6. WARRANTIES:
a. MANUFACTURER WARRANTIES. Products
installed as part of the scope of work are
covered by separate manufacturers’ warranties
(hereinafter, “Manufacturer Warranties”).
EcoGreen Solutions will assign to Customer any
Manufacturer Warranties in effect upon
installation. EcoGreen Solutions will also provide
Customer reasonable assistance in contacting
manufacturers. If manufacturer files for
bankruptcy or goes out of business, EcoGreen
Solutions is not liable or responsible for
continued warranty support.
b. LIMITED WARRANTY. EcoGreen Solutions
provides a limited warranty of 90 days (the
“Limited Warranty Period”), after the date of
invoice. For the avoidance of doubt, this Limited
Warranty does not cover parts already covered
by the Manufacturer Warranties set forth in
above. During the Limited Warranty Period,
EcoGreen Solutions will at its expense repair or
replace any parts or labor covered by the Limited
Warranty.
c. OBTAIN WARRANTY SERVICE. To obtain
warranty service, you must notify EcoGreen
Solutions in writing or via email at
[email protected] of any defect.
Provided that the Warranty has not expired, has
otherwise voided, or is subject to an exclusion,
EcoGreen Solutions will repair or replace the
defect within a reasonable time after you notify
EcoGreen Solutions.
If a fixture fails, please take a photo and send it
to [email protected], and include
location information in your email. The photo
should be close up so we can properly match the
product with the replacement. We will order
replacement products and schedule the
installation. If a product is in stock, EcoGreen
Solutions will ship the replacement
immediately. If the product is not in stock
EcoGreen Solutions will order the replacement
parts from the factory. Please be aware that
some of our suppliers require 6-8 weeks lead
time. EcoGreen Solutions does not cover
shipping and handling for fixtures.
If a fixture has failed and is past our 3 months
parts and labor period, EcoGreen Solutions will
work with the factory to get the replacement
material for you. We do not cover the cost of
shipping and handling from the factory to our
warehouse or to your location. If you do not
have a qualified electrician to install the
replacement product, please contact us at the
email address above. A quote for the labor to
install the product will be provided in 1-2
business days.
If a lamp fails, please follow the same procedure
as for fixtures. EcoGreen Solutions will send
Customer the replacement lamp. Labor is not
covered for lamps. Shipping and handling also is
not covered on warranty claims for lamps.
Warranty claims will not apply for:
• Product that has been modified by the
customer.
• Product that was subject to misuse,
vandalism or negligence.
*IMPORTANT* EcoGreen Solutions must receive
the fixture/lamp/driver back once your product
has been replaced. We can receive credit for the
replacement product only if the factory receives
the failed unit back. Failure to return the failed
product to EcoGreen Solutions within 30 days
will result in an invoice for the full retail price of
the product.
Item #7.1.
3 If the failed product has been discontinued by
the manufacturer and is no longer supported by
a factory, EcoGreen Solutions will suggest a
similar replacement LED fixture or lamp.
EcoGreen Solutions cannot be held responsible
for product lines that have been discontinued;
however, we will make every effort to find a
similarly performing product.
7. MAINTENANCE AND REPAIR: If the products require
maintenance or repair that is not covered by the
warranties set forth above, EcoGreen Solutions will not perform this work unless you enter into a separate
agreement to perform these services at your expense.
Item #7.1.
1 Statement of Work
1. SCOPE OF WORK: EcoGreen Solutions shall furnish all
the materials and perform all of the work shown and/or
described in the Energy Audit and Quote. EcoGreen
Solutions is not responsible for touch up work i.e. – paint where replacement fixtures don’t exactly match existing fixtures, ceiling tiles, etc…
a. VFD/VSD installation: If the project includes a
VFD/VSD, standard installation costs include – VFD,
startup, card, programming, installation of any conduit, running power, concrete footing (if needed), VFD
mounting and interconnect to SCADA panel. Installation
costs that are not included and would be an additional
cost – wiring diagrams, fencing, gates, enclosures, relay box, controls.
2. PROJECT COST: The amount due for material and labor
to be performed is $14,344.02, subject to additions and deductions pursuant to authorized change
orders/adjustment letters.
3. PAYMENT & UTILITY FINANCING: EcoGreen Solutions
has worked with Customer to secure Utility financing on behalf of the Customer to fund payment of this project, of which, terms and payback periods are detailed in the
Utility On-Bill Financing (OBF) documentation – PGE
Project #/TIF # 15407.
Payment of the project shall be paid in the manner
following:
Project Cost $14,344.02
Estimated Tax Benefit $0
Estimated Utility OBF $14,344.02
SUBTOTAL $0
Estimated Customer Out of
Pocket Contribution
$0
a. Customer understands that final utility rebate
and OBF amounts issued may vary based on final
installation counts and subject to additions and
deductions pursuant to authorized change
orders/adjustment letters.
b. Customer understands that should utility
determine that OBF loan proceeds shall not be
issued due to customer’s credit standing or has
otherwise placed customer’s repayment of the
loan at risk, Customer shall be liable for payment
of any product, labor, and installation due. This
includes any product demos that aren’t returned
to EcoGreen Solutions.
c. Notice to Proceed: Once Utility On-Bill
Financing is approved, if required, EcoGreen
Solutions will provide LED demo fixture/lamps to
assure proper light levels, color and aesthetics.
Written confirmation from the Customer that
demos are approved and approval to move
forward with the ordering of product and
installation will serve as formal Notice To
Proceed.
4. GENERAL TERMS AND CONDITIONS
a. All work shall be completed in a workmanlike
manner and in compliance with all building
codes and other applicable laws.
b. To the extent required by law all work shall be
performed by individuals duly licensed and
authorized by law to perform the work.
c. EcoGreen Solutions may at its discretion
engage subcontractors to perform work
hereunder, provided EcoGreen Solutions shall
fully pay said subcontractor and in all instances
remain responsible for the proper completion of
the project.
d. EcoGreen Solutions warrants it is adequately
insured for injury to its employees and others
incurring loss or injury as a result of the acts of
EcoGreen Solutions or its employees and
subcontractors.
e. Customer shall at its own expense obtain all
permits necessary for the work to be performed.
f. EcoGreen Solutions agrees to remove all debris
and leave the premises in clean condition unless
instructed by Customer to do otherwise.
Item #7.1.
2 g. EcoGreen Solutions shall dispose of all
hazardous lamps and tubes utilizing a proper
recycling program unless instructed by Customer
to do otherwise.
h. EcoGreen Solutions shall not be liable for any
delay due to circumstances beyond its control
including strikes, casualty or general
unavailability of materials.
i. Customer is responsible for verification of
fixture counts and hours of operation reflected
in the Energy Audit.
5. HAZARDOUS CONDITIONS: In the event that EcoGreen
Solutions discovers existing or developing spore or mold growth, asbestos or other potentially hazardous conditions at the Project location, EcoGreen Solutions will stop work and will not attempt to test, repair or remediate such
conditions. At Customer’s sole expense, Customer must
arrange to have the hazardous condition removed by a
third party in compliance with applicable laws within a reasonable period of time, or EcoGreen Solutions may
cancel this project. If the project is canceled, Customer agrees to pay EcoGreen Solutions the costs of materials, labor and services provided through the date of
cancellation.
6. WARRANTIES:
a. MANUFACTURER WARRANTIES. Products
installed as part of the scope of work are
covered by separate manufacturers’ warranties
(hereinafter, “Manufacturer Warranties”).
EcoGreen Solutions will assign to Customer any
Manufacturer Warranties in effect upon
installation. EcoGreen Solutions will also provide
Customer reasonable assistance in contacting
manufacturers. If manufacturer files for
bankruptcy or goes out of business, EcoGreen
Solutions is not liable or responsible for
continued warranty support.
b. LIMITED WARRANTY. EcoGreen Solutions
provides a limited warranty of 90 days (the
“Limited Warranty Period”), after the date of
invoice. For the avoidance of doubt, this Limited
Warranty does not cover parts already covered
by the Manufacturer Warranties set forth in
above. During the Limited Warranty Period,
EcoGreen Solutions will at its expense repair or
replace any parts or labor covered by the Limited
Warranty.
c. OBTAIN WARRANTY SERVICE. To obtain
warranty service, you must notify EcoGreen
Solutions in writing or via email at
[email protected] of any defect.
Provided that the Warranty has not expired, has
otherwise voided, or is subject to an exclusion,
EcoGreen Solutions will repair or replace the
defect within a reasonable time after you notify
EcoGreen Solutions.
If a fixture fails, please take a photo and send it
to [email protected], and include
location information in your email. The photo
should be close up so we can properly match the
product with the replacement. We will order
replacement products and schedule the
installation. If a product is in stock, EcoGreen
Solutions will ship the replacement
immediately. If the product is not in stock
EcoGreen Solutions will order the replacement
parts from the factory. Please be aware that
some of our suppliers require 6-8 weeks lead
time. EcoGreen Solutions does not cover
shipping and handling for fixtures.
If a fixture has failed and is past our 3 months
parts and labor period, EcoGreen Solutions will
work with the factory to get the replacement
material for you. We do not cover the cost of
shipping and handling from the factory to our
warehouse or to your location. If you do not
have a qualified electrician to install the
replacement product, please contact us at the
email address above. A quote for the labor to
install the product will be provided in 1-2
business days.
If a lamp fails, please follow the same procedure
as for fixtures. EcoGreen Solutions will send
Customer the replacement lamp. Labor is not
covered for lamps. Shipping and handling also is
not covered on warranty claims for lamps.
Warranty claims will not apply for:
• Product that has been modified by the
customer.
• Product that was subject to misuse,
vandalism or negligence.
*IMPORTANT* EcoGreen Solutions must receive
the fixture/lamp/driver back once your product
has been replaced. We can receive credit for the
replacement product only if the factory receives
the failed unit back. Failure to return the failed
product to EcoGreen Solutions within 30 days
will result in an invoice for the full retail price of
the product.
Item #7.1.
3 If the failed product has been discontinued by
the manufacturer and is no longer supported by
a factory, EcoGreen Solutions will suggest a
similar replacement LED fixture or lamp.
EcoGreen Solutions cannot be held responsible
for product lines that have been discontinued;
however, we will make every effort to find a
similarly performing product.
7. MAINTENANCE AND REPAIR: If the products require
maintenance or repair that is not covered by the
warranties set forth above, EcoGreen Solutions will not perform this work unless you enter into a separate
agreement to perform these services at your expense.
Item #7.1.
1 Statement of Work
1. SCOPE OF WORK: EcoGreen Solutions shall furnish all
the materials and perform all of the work shown and/or
described in the Energy Audit and Quote. EcoGreen
Solutions is not responsible for touch up work i.e. – paint where replacement fixtures don’t exactly match existing fixtures, ceiling tiles, etc…
a. VFD/VSD installation: If the project includes a
VFD/VSD, standard installation costs include – VFD,
startup, card, programming, installation of any conduit, running power, concrete footing (if needed), VFD
mounting and interconnect to SCADA panel. Installation
costs that are not included and would be an additional
cost – wiring diagrams, fencing, gates, enclosures, relay box, controls.
2. PROJECT COST: The amount due for material and labor
to be performed is $17,450.41, subject to additions and deductions pursuant to authorized change
orders/adjustment letters.
3. PAYMENT & UTILITY FINANCING: EcoGreen Solutions
has worked with Customer to secure Utility financing on behalf of the Customer to fund payment of this project, of which, terms and payback periods are detailed in the
Utility On-Bill Financing (OBF) documentation – PGE
Project #/TIF # 15406.
Payment of the project shall be paid in the manner
following:
Project Cost $17,450.41
Estimated Tax Benefit $0
Estimated Utility OBF $17,450.41
SUBTOTAL $0
Estimated Customer Out of
Pocket Contribution
$0
a. Customer understands that final utility rebate
and OBF amounts issued may vary based on final
installation counts and subject to additions and
deductions pursuant to authorized change
orders/adjustment letters.
b. Customer understands that should utility
determine that OBF loan proceeds shall not be
issued due to customer’s credit standing or has
otherwise placed customer’s repayment of the
loan at risk, Customer shall be liable for payment
of any product, labor, and installation due. This
includes any product demos that aren’t returned
to EcoGreen Solutions.
c. Notice to Proceed: Once Utility On-Bill
Financing is approved, if required, EcoGreen
Solutions will provide LED demo fixture/lamps to
assure proper light levels, color and aesthetics.
Written confirmation from the Customer that
demos are approved and approval to move
forward with the ordering of product and
installation will serve as formal Notice To
Proceed.
4. GENERAL TERMS AND CONDITIONS
a. All work shall be completed in a workmanlike
manner and in compliance with all building
codes and other applicable laws.
b. To the extent required by law all work shall be
performed by individuals duly licensed and
authorized by law to perform the work.
c. EcoGreen Solutions may at its discretion
engage subcontractors to perform work
hereunder, provided EcoGreen Solutions shall
fully pay said subcontractor and in all instances
remain responsible for the proper completion of
the project.
d. EcoGreen Solutions warrants it is adequately
insured for injury to its employees and others
incurring loss or injury as a result of the acts of
EcoGreen Solutions or its employees and
subcontractors.
e. Customer shall at its own expense obtain all
permits necessary for the work to be performed.
f. EcoGreen Solutions agrees to remove all debris
and leave the premises in clean condition unless
instructed by Customer to do otherwise.
Item #7.1.
2 g. EcoGreen Solutions shall dispose of all
hazardous lamps and tubes utilizing a proper
recycling program unless instructed by Customer
to do otherwise.
h. EcoGreen Solutions shall not be liable for any
delay due to circumstances beyond its control
including strikes, casualty or general
unavailability of materials.
i. Customer is responsible for verification of
fixture counts and hours of operation reflected
in the Energy Audit.
5. HAZARDOUS CONDITIONS: In the event that EcoGreen
Solutions discovers existing or developing spore or mold growth, asbestos or other potentially hazardous conditions at the Project location, EcoGreen Solutions will stop work and will not attempt to test, repair or remediate such
conditions. At Customer’s sole expense, Customer must
arrange to have the hazardous condition removed by a
third party in compliance with applicable laws within a reasonable period of time, or EcoGreen Solutions may
cancel this project. If the project is canceled, Customer agrees to pay EcoGreen Solutions the costs of materials, labor and services provided through the date of
cancellation.
6. WARRANTIES:
a. MANUFACTURER WARRANTIES. Products
installed as part of the scope of work are
covered by separate manufacturers’ warranties
(hereinafter, “Manufacturer Warranties”).
EcoGreen Solutions will assign to Customer any
Manufacturer Warranties in effect upon
installation. EcoGreen Solutions will also provide
Customer reasonable assistance in contacting
manufacturers. If manufacturer files for
bankruptcy or goes out of business, EcoGreen
Solutions is not liable or responsible for
continued warranty support.
b. LIMITED WARRANTY. EcoGreen Solutions
provides a limited warranty of 90 days (the
“Limited Warranty Period”), after the date of
invoice. For the avoidance of doubt, this Limited
Warranty does not cover parts already covered
by the Manufacturer Warranties set forth in
above. During the Limited Warranty Period,
EcoGreen Solutions will at its expense repair or
replace any parts or labor covered by the Limited
Warranty.
c. OBTAIN WARRANTY SERVICE. To obtain
warranty service, you must notify EcoGreen
Solutions in writing or via email at
[email protected] of any defect.
Provided that the Warranty has not expired, has
otherwise voided, or is subject to an exclusion,
EcoGreen Solutions will repair or replace the
defect within a reasonable time after you notify
EcoGreen Solutions.
If a fixture fails, please take a photo and send it
to [email protected], and include
location information in your email. The photo
should be close up so we can properly match the
product with the replacement. We will order
replacement products and schedule the
installation. If a product is in stock, EcoGreen
Solutions will ship the replacement
immediately. If the product is not in stock
EcoGreen Solutions will order the replacement
parts from the factory. Please be aware that
some of our suppliers require 6-8 weeks lead
time. EcoGreen Solutions does not cover
shipping and handling for fixtures.
If a fixture has failed and is past our 3 months
parts and labor period, EcoGreen Solutions will
work with the factory to get the replacement
material for you. We do not cover the cost of
shipping and handling from the factory to our
warehouse or to your location. If you do not
have a qualified electrician to install the
replacement product, please contact us at the
email address above. A quote for the labor to
install the product will be provided in 1-2
business days.
If a lamp fails, please follow the same procedure
as for fixtures. EcoGreen Solutions will send
Customer the replacement lamp. Labor is not
covered for lamps. Shipping and handling also is
not covered on warranty claims for lamps.
Warranty claims will not apply for:
• Product that has been modified by the
customer.
• Product that was subject to misuse,
vandalism or negligence.
*IMPORTANT* EcoGreen Solutions must receive
the fixture/lamp/driver back once your product
has been replaced. We can receive credit for the
replacement product only if the factory receives
the failed unit back. Failure to return the failed
product to EcoGreen Solutions within 30 days
will result in an invoice for the full retail price of
the product.
Item #7.1.
3 If the failed product has been discontinued by
the manufacturer and is no longer supported by
a factory, EcoGreen Solutions will suggest a
similar replacement LED fixture or lamp.
EcoGreen Solutions cannot be held responsible
for product lines that have been discontinued;
however, we will make every effort to find a
similarly performing product.
7. MAINTENANCE AND REPAIR: If the products require
maintenance or repair that is not covered by the
warranties set forth above, EcoGreen Solutions will not perform this work unless you enter into a separate
agreement to perform these services at your expense.
Item #7.1.
Quote
200986
27671 La Paz Rd, Suite 100 6/7/2024
Laguna Niguel, CA. 92677
[email protected]
(949) 364 - 6800
Quotes are valid for 30 days from the above date.
EGLA-GCMR167-4000-GU5.3 City Hall int LED MR16, 4000K, GU5.3 7 w 6 $14.59 $87.54 EGLA-TCA199-4100-120v-D-E26 City Hall int LED A19 dimmable, 4100K, 120v 9 w 2 $18.50 $37.00 EGLA-TCA19-6-4100-120v-E26 City Hall int LED A19, 4100K, 120v 6 w 1 $7.79 $7.79 EGLA-P3812-5000 City Hall ext LED PAR38, 5000K 12 w 3 $21.50 $64.50 EGLB-EN14-11"-CS-UNV-RND Police int LED Lowbay White 11" Round Puff Fixture, 3K,4K,5K, UNV, SMT, Dimmable14 w 1 $89.00 $89.00 EGAL-NL75-5000-UNV-SQ Police ext LED Area Light, 5000K, UNV w/ Square Pole Mount 75 w 10 $335.00 $3,350.00 0 0 0 0 w 0 $0.00 $0.00
* All quantities to be verified by owner SUBTOTAL $3,635.83 LABOR $4,735.94
SALES TAX Included
ADMINISTRATION & INSURANCE $127.25
(Brackets, Wiring, Sockets, Travel, Tiewire, Screws, Lifts, Lamp Recycling / Disposal, Shipping, Package, ETC.) MISC. CHARGES $2,971.41 ICP Developer/Engineering Cost $1,500.00
TOTAL PROJECT COST $12,970.43
Estimated IRS Federal Tax Deduction per 179D: $2,861.40 Estimated Annual Energy Savings: $2,475.73
Quote #
DATE
CITY OF CALISTOGA
City of Calistoga - City Police & Jail
Amount
1235 Washington St.
Calistoga, CA 94515
Acct: 0626781557; SAID: 0626781257
Light EPN INT/
EXT Site Name DESCRIPTION QTY* Unit Price
SIGNATURE: _________________________________________________________________________________ DATE:___________________________ WHEN SIGNED OR APPROVED BY CLIENT, THIS FORM BECOMES AN OFFICIAL ORDER AND A LEGALLY BINDING COMMITMENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS FORM. BY ACCEPTING THIS PROJECT AND MOVING FORWARD, CUSTOMER AGREES TO HAVE ECOGREEN SOLUTIONS PURCHASE AND INSTALL THE PRODUCTS LISTED ABOVE. All returned checks are subject to a $20 service charge. If customer is utilizing a utility program where they default or get disqualified post install and the pre approved utility funding is canceled, the customer is liable for the project amount in full and the terms and conditions above will need to be met. Subject to collections and or litigation. If this invoice is not paid in full when due, a 1.5% per month late charge will be imposed. In this event, customer will be liable to pay reasonable collection charge, attorney fee and court cost. Warranty to be serviced by factory (see EcoGreen Scope of Work and warranty statement provided by the factory).
TERMS AND CONDITIONS
ATTACHMENT 4
Item #7.1.
Quote
200969
27671 La Paz Rd, Suite 100 12/4/2024
Laguna Niguel, CA. 92677
[email protected]
(949) 364 - 6800
Quotes are valid for 30 days from the above date.
EGLN-ML23.86-4ft-CS-UNV-SMT-WRP int LED 4' Linear Wrap Fixture, 35K, 4K, 5K, UNV 23.9 w 2 $179.00 $358.00 EGLN-ML33.16-4ft-CS-UNV-SMT-WRP int LED 4' Linear Wrap Fixture, 35K, 4K, 5K, UNV 33.2 w 6 $179.00 $1,074.00 EGTU-ML12-2ft-4000-T-A&B int 2' LED Tube (Type A & B) 4000k 12 w 6 $18.08 $108.48 EGLN-TC38-8ft-4000-UNV-SMT-D int LED 8' Linear Fixture, 4000K, UNV, SMT 38 w 1 $149.00 $149.00 EGLB-EN14-11"-CS-UNV-RND int w 3 $89.00 $267.00
EGSC-SP14-CCT-UNV int LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 1 $129.79 $129.79 EGLA-TCA196-4100-120v-E26-SR ext LED A19, 4100K, 120v w/ Socket Replacement 6 w 4 $7.79 $31.16 EGPL-GC10.5-4000-UNV-H ext LED Horizontal PL Replacement, 4000K, UNV 10 w 19 $23.00 $437.00 EGLN-TC18-4ft-4000-UNV-SMT int LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 3 $115.00 $345.00 EGLA-TCA196-5000-120v-E26 ext LED A19, 5000K, 120v 6 w 12 $7.79 $93.48 EGVFD-IT20HP-X-X-X 0 15 kW (20 HP), 61 A, 200-240 V, 3PH, IP20 Variable Frequency Drive with EMC, Filter 0 w 3 $5,250.00 $15,750.00 EGLN-TC18-4ft-4000-UNV-SMT int LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 1 $115.00 $115.00 EGTU-ML12-2ft-4000-T-A&B int 2' LED Tube (Type A & B) 4000k 12 w 1 $18.08 $18.08 EGLF-TCP60-5000-UNV ext LED High Lumen Filament Highbay Replacement, 5000k, UNV 40 w 3 $77.98 $233.94 (blank) 0 (blank) (blank) w 0 $0.00 $0.00
EG-ED-X 0 Emergency Driver 0 w 2 $120.00 $240.00
EGSC-SP14-CCT-UNV ext LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 7 $129.79 $908.53 EGSC-SP14-CCT-UNV int LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 4 $129.79 $519.16 (blank) 0 (blank) (blank) w 0 $0.00 $0.00
EGVF-25HP-VFD-BYP 0 25HP VFD with Bypass 0 w 2 $10,375.00 $20,750.00 0 0 0 0 w 0 $0.00 $0.00
0 0 0 0 w 0 $0.00 $0.00
* All quantities to be verified by owner SUBTOTAL $41,527.62 LABOR $19,050.14
SALES TAX Included
ADMINISTRATION & INSURANCE $1,453.47
(Brackets, Wiring, Sockets, Travel, Tiewire, Screws, Lifts, Lamp Recycling / Disposal, Shipping, Package, ETC.) MISC. CHARGES $8,093.23 ICP Developer/Engineering Cost $1,500.00
TOTAL PROJECT COST $71,624.46
Estimated IRS Federal Tax Deduction per 179D: $2,734.20 Estimated Annual Energy Savings: $11,166.68
Quote #
DATE
CITY OF CALISTOGA
City of Calistoga - Community Pool
Amount
1745 Washington St.
Calistoga, CA 94515
Acct: 3185886582; SAID: 3185886475
Light EPN INT/
EXT DESCRIPTION QTY* Unit Price
LED Lowbay White 11" Round Puff Fixture, 3K,4K,5K, UNV, SMT, Dimmable SIGNATURE: _________________________________________________________________________________ DATE:___________________________ WHEN SIGNED OR APPROVED BY CLIENT, THIS FORM BECOMES AN OFFICIAL ORDER AND A LEGALLY BINDING COMMITMENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS FORM. BY ACCEPTING THIS PROJECT AND MOVING FORWARD, CUSTOMER AGREES TO HAVE ECOGREEN SOLUTIONS PURCHASE AND INSTALL THE PRODUCTS LISTED ABOVE. All returned checks are subject to a $20 service charge. If customer is utilizing a utility program where they default or get disqualified post install and the pre approved utility funding is canceled, the customer is liable for the project amount in full and the terms and conditions above will need to be met. Subject to collections and or litigation. If this invoice is not paid in full when due, a 1.5% per month late charge will be imposed. In this event, customer will be liable to pay reasonable collection charge, attorney fee and court cost. Warranty to be serviced by factory (see EcoGreen Scope of Work and warranty statement provided by the factory).
TERMS AND CONDITIONS
Item #7.1.
Quote
0 27671 La Paz Rd, Suite 100 1/0/1900
Laguna Niguel, CA. 92677
[email protected]
(949) 364 - 6800
Quotes are valid for 30 days from the above date.
EGCL-ML13-8''-CS-UNV-REC int LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 16 $120.00 $1,920.00 EGTU-TC10-4ft-4000-T8-B int 4' T8 LED Tube Double Ended Bypass(Type B), 4000K, UNV 10.5 w 4 $11.97 $47.88 EGPL-GC10.5-4000-UNV-H int LED Horizontal PL Replacement, 4000K, UNV 10 w 3 $23.00 $69.00 EGPL-GC10.5-4000-UNV-H ext LED Horizontal PL Replacement, 4000K, UNV 10 w 13 $23.00 $299.00 EGLN-TC20-4ft-4000-UNV-SMT-VT int LED 4' Linear Vapor Tight Fixture, 4000K, UNV, SMT 23 w 1 $135.00 $135.00 EG22-ML18-4000-UNV-REC int LED Troffer 2x2,Retrofit Kit 4000K, UNV, REC 18 w 13 $135.00 $1,755.00 EG24-SF21-4000-UNV-REC int LED Troffer 2x4 Retrofit Kit, 4000K, UNV, REC 21 w 3 $149.00 $447.00 EGLA-GCMR167-4000-GU5.3 Interior LED MR16, 4000K, GU5.3 7 w 4 $14.59 $58.36 EGFL-HL50-CS-UNV-KM ext LED Flood Light, 3K, 4K, 5K, UNV, Knuckle Mount 50 w 3 $139.00 $417.00 0 0 0 0 w 0 $0.00 $0.00
SUBTOTAL $5,148.24
LABOR $6,228.53
SALES TAX Included
ADMINISTRATION & INSURANCE $180.19
(Brackets, Wiring, Sockets, Travel, Tiewire, Screws, Lifts, Lamp Recycling / Disposal, Shipping, Package, ETC.) MISC. CHARGES $1,287.06 ICP Developer/Engineering Cost $1,500.00
TOTAL PROJECT COST $14,344.02
* All quantities to be verified by owner Estimated k/w Power Saved Rebate Total: $0.00 IRS Tax Cert, Inspection, Report: $0.00
Estimated IRS Federal Tax Deduction per 179D: $3,942.00 Estimated Annual Energy Savings: $2,292.76
SIGNATURE: _________________________________________________________________________________ DATE:___________________________ WHEN SIGNED OR APPROVED BY CLIENT, THIS FORM BECOMES AN OFFICIAL ORDER AND A LEGALLY BINDING COMMITMENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS FORM. BY ACCEPTING THIS PROJECT AND MOVING FORWARD, CUSTOMER AGREES TO HAVE ECOGREEN SOLUTIONS PURCHASE AND INSTALL THE PRODUCTS LISTED ABOVE. All returned checks are subject to a $20 service charge. If customer is utilizing a utility program where they default or get disqualified post install and the pre approved utility funding is canceled, the customer is liable for the project amount in full and the terms and conditions above will need to be met. Subject to collections and or litigation. If this invoice is not paid in full when due, a 1.5% per month late charge will be imposed. In this event, customer will be liable to pay reasonable collection charge, attorney fee and court cost. Warranty to be serviced by factory (see EcoGreen Scope of Work and warranty statement provided by the factory).
TERMS AND CONDITIONS
Quote #
DATE
CITY OF CALISTOGA
City of Calistoga - Fire Station
Amount
1113 Washington St
Calistoga, CA 94515
Acct: 0626781557; SAID: 0627184571
Light EPN INT/
EXT DESCRIPTION QTY* Unit Price
Item #7.1.
Quote
200970
27671 La Paz Rd, Suite 100 5/24/2024
Laguna Niguel, CA. 92677
[email protected]
(949) 364 - 6800
Quotes are valid for 30 days from the above date.
EGLN-ML33.16-4ft-CS-UNV-SMT-WRP int LED 4' Linear Wrap Fixture, 35K, 4K, 5K, UNV 33.2 w 1 $179.00 $179.00 EGLN-TC38-8ft-4000-UNV-SMT-D int LED 8' Linear Fixture, 4000K, UNV, SMT 38 w 11 $149.00 $1,639.00 EGWP-IKIO15-5000-UNV ext LED Wallpack, 35K, 4K, 5K, UNV, PH 15 w 1 $115.00 $115.00 EGAL-RL40-5000-UNV-PH-SF ext LED Area Light, 5000K, UNV, PH w/ Slip Fitter 40 w 2 $279.00 $558.00 EGLN-TC18-4ft-4000-UNV-SMT int LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 10 $115.00 $1,150.00 EGLN-TC18-4ft-4000-UNV-SMT ext LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 8 $115.00 $920.00 EGAL-NL75-5000-UNV-SF ext LED Area Light, 5000K, UNV w/ Slip Fitter 75 w 3 $335.00 $1,005.00 EGLN-ML23.86-4ft-CS-UNV-SMT-WRP int LED 4' Linear Wrap Fixture, 35K, 4K, 5K, UNV 23.9 w 2 $179.00 $358.00 0 0 0 0 w 0 $0.00 $0.00
SUBTOTAL $5,924.00
LABOR $7,332.86
SALES TAX Included
ADMINISTRATION & INSURANCE $207.34
(Brackets, Wiring, Sockets, Travel, Tiewire, Screws, Lifts, Lamp Recycling / Disposal, Shipping, Package, ETC.) MISC. CHARGES $2,486.21 ICP Developer/Engineering Cost $1,500.00
TOTAL PROJECT COST $17,450.41
* All quantities to be verified by owner Estimated k/w Power Saved Rebate Total: $0.00 IRS Tax Cert, Inspection, Report: $0.00
Estimated IRS Federal Tax Deduction per 179D: $2,237.40 Estimated Annual Energy Savings: $2,039.54
SIGNATURE: _________________________________________________________________________________ DATE:___________________________ WHEN SIGNED OR APPROVED BY CLIENT, THIS FORM BECOMES AN OFFICIAL ORDER AND A LEGALLY BINDING COMMITMENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS FORM. BY ACCEPTING THIS PROJECT AND MOVING FORWARD, CUSTOMER AGREES TO HAVE ECOGREEN SOLUTIONS PURCHASE AND INSTALL THE PRODUCTS LISTED ABOVE. All returned checks are subject to a $20 service charge. If customer is utilizing a utility program where they default or get disqualified post install and the pre approved utility funding is canceled, the customer is liable for the project amount in full and the terms and conditions above will need to be met. Subject to collections and or litigation. If this invoice is not paid in full when due, a 1.5% per month late charge will be imposed. In this event, customer will be liable to pay reasonable collection charge, attorney fee and court cost. Warranty to be serviced by factory (see EcoGreen Scope of Work and warranty statement provided by the factory).
TERMS AND CONDITIONS
Quote #
DATE
CITY OF CALISTOGA
City of Calistoga - Public Works Department
Amount
414 Washington St
Calistoga, CA 94515
Acct: 0626781557; SAID: 0626781297
Light EPN INT/
EXT DESCRIPTION QTY* Unit Price
Item #7.1.
EcoGreen Sales Rep: Andrew Guercio 0
Customer Contact: Derek Rayner 0
Title of Contact: Director of Public Works 0 Approx. Building Size 4,769 SF Customer Phone: 707-942-2782 0 Energy Rate $ 0.35 /kWh
Customer Email: [email protected] 0 Interest Rate 0% 0 In Reference to Quote # 200986 KWh
Saved
LED 2x4w 2t8 retrotube 0 w 6 14 7 / 4942 police station meeting room Skip 0 w 6 - - w 0.0% - $0.00 LED 2x2 w 2 t8 retrotube 0 w 4 14 7 / 4942 police station meeting room Skip 0 w 4 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 4 8 5 / 1992 police station office Skip 0 w 4 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 8 5 / 1992 police station office Skip 0 w 2 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 8 5 / 1992 police station office Skip 0 w 2 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 8 5 / 1992 police station office Skip 0 w 2 - - w 0.0% - $0.00 lb w 1 cfl 17 w 1 1.1 3 / 152 police station storage closet LED Lowbay White 11" Round Puff Fixture, 3K,4K,5K, UNV, SMT, Dimmable 14 w 1 1 3 w 17.6% 0.46 $0.16 LED 2x4 w 2 t8 retrotube 0 w 1 8 5 / 1992 police station equipment room Skip 0 w 1 - - w 0.0% - $0.00 LED 2x2 w 2 t8 retrotube 0 w 3 14 7 / 4942 police station hallway Skip 0 w 3 - - w 0.0% - $0.00 locked door 0 w 0 0 0 / 0 police station 0 Skip 0 w 0 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 24 7 / 8472 police station front lobby Skip 0 w 2 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 1 4 2 / 372 police station interview room Skip 0 w 1 - - w 0.0% - $0.00 LED 2ft kin wrap vanity w 1 t8 retrotube 0 w 1 2 2 / 186 police station restroom Skip 0 w 1 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 3 4 5 / 996 police station dispatch room Skip 0 w 3 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 2 4 5 / 996 police station file room Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 3 6 5 / 1494 police station bsthroom Skip 0 w 3 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 3 5 / 747 police station bsthroom (individual) Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 3 6 5 / 1494 police station bsthroom Skip 0 w 3 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 1 4 5 / 996 police station office Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 3 5 / 747 police station womens locker room Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 6 5 / 1494 police station womens locker room Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 1 5 / 249 police station womens batnroom Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 12 7 / 4236 police station jail hallway Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 10 7 / 3530 police station interview cell Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft vpt lin wrap w 2 t8 retrotube 0 w 2 5 3 / 725 police station detox cell Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft vpt lin wrap w 2 t8 retrotube 0 w 1 5 3 / 725 police station holding cell Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft vpt lin wrap w 2 t8 retrotube 0 w 1 5 3 / 725 police station booking cell Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 5 7 / 1765 police station stairway Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 8 8 7 / 2824 police station 2nd floor stairway Skip 0 w 8 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 4 8 7 / 2824 police station 2nd floor workout room Skip 0 w 4 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 2 1 3 / 145 police station 2nd floor server room Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 2 1 3 / 145 police station 2nd floor hvac room Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 3 1 / 123 police station 2nd floor CPOA Office Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 5 3 / 725 police station 2nd floor Office Skip 0 w 1 - - w 0.0% - $0.00 locked door 0 w 0 0 0 / 0 police station 2nd floor 0 Skip 0 w 0 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 2 1 3 / 145 police station 2nd floor HVAC room Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 2 1 3 / 145 police station 2nd floor HVAC room Skip 0 w 2 - - w 0.0% - $0.00 locked door 0 w 0 0 0 / 0 police station 2nd floor evidence room Skip 0 w 0 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 2 3 1 / 123 police station 2nd floor Police Chiefs office Skip 0 w 2 - - w 0.0% - $0.00 LED 8in can w 1 par 38 0 w9 on back, 7 on front 12 7 / 4236 police station back fenced in area Skip 0 w9 on back, 7 on front - - w 0.0% - $0.00 area light w1 IND 250 w 4 11 7 / 4100 police station parking lot LED Area Light, 5000K, UNV w/ Square Pole Mount 75 w 4 4 700 w 70.0% 2,869.78 $990.23 dual head pole w1 IND 2 heads 250 w 6 11 7 / 4100 police station parking lot LED Area Light, 5000K, UNV w/ Square Pole Mount 75 w 6 6 1,050 w 70.0% 4,304.66 $1,485.34 0 0 w 0 0 0 / 0 0 0 ICP Project Development/Engineering Certification 0 w 0 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 4 9 5 / 2241 city hall planning and building office Skip 0 w 4 - - w 0.0% - $0.00 fan lb w 2 a19 led 0 w 1 9 5 / 2241 city hall storage room Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 1 9 5 / 2241 city hall kitchen/break room Skip 0 w 1 - - w 0.0% - $0.00 LED lb 0 w 1 4 5 / 996 city hall bathroom Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 4 9 5 / 2241 city hall office Skip 0 w 4 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 9 5 / 2241 city hall office Skip 0 w 2 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 5 9 5 / 2241 city hall (wing under construction) admin office Skip 0 w 5 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 9 5 / 2241 city hall (wing under construction) cubicle office Skip 0 w 2 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 1 9 5 / 2241 city hall (wing under construction) office Skip 0 w 1 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 1 9 5 / 2241 city hall (wing under construction) office Skip 0 w 1 - - w 0.0% - $0.00 LED lb 0 w 1 4 5 / 996 city hall (wing under construction) restroom Skip 0 w 1 - - w 0.0% - $0.00 lb w 6 mr16. 20 w 6 9 5 / 2241 city hall 2nd floor stairwell LED MR16, 4000K, GU5.3 7 w 6 6 78 w 0.0% - $0.00 lb w 1 a19 incandescent 60 w 1 1 1 / 41 city hall 2nd floor electrical closet LED A19 dimmable, 4100K, 120v 9 w 1 1 51 w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 1 9 5 / 2241 city hall 2nd floor printer room Skip 0 w 1 - - w 0.0% - $0.00 LED fan lb 0 w 1 9 5 / 2241 city hall 2nd floor city manager office Skip 0 w 1 - - w 0.0% - $0.00 LED fan lb 0 w 1 9 5 / 2241 city hall 2nd floor cubicle office Skip 0 w 1 - - w 0.0% - $0.00 LED fan lb w 2 a19 0 w 1 9 5 / 2241 city hall 2nd floor office Skip 0 w 1 - - w 0.0% - $0.00 lb w 1 a19 incandescent 60 w 1 4 5 / 996 city hall 2nd floor restroom LED A19 dimmable, 4100K, 120v 9 w 1 1 51 w 0.0% - $0.00 LED lb w 1 a19 0 w 1 4 5 / 996 city hall 2nd floor restroom Skip 0 w 1 - - w 0.0% - $0.00 lb w 1 cfl 26 w 1 1 2 / 93 city hall 2nd floor storage closet LED A19, 4100K, 120v 6 w 1 1 20 w 0.0% - $0.00 LED fan lb 0 w 0 9 5 / 2241 city hall 2nd floor office Skip 0 w 0 - - w 0.0% - $0.00 floodlight w 1 cfl 17 w 1 11 7 / 4100 backside of city hall building back of city hall facing parking lot LED PAR38, 5000K 12 w 1 1 5 w 0.0% - $0.00 floodlight w 2 incandescent 60 w 1 11 7 / 4100 backside of city hall building under stairs LED PAR38, 5000K 12 w 1 1 48 w 0.0% - $0.00 LED floodlight w 1 cfl, 1 par38 0 w 1 12 7 / 4236 backside of city hall building second floor stair landing Skip 0 w 1 - - w 0.0% - $0.00 floodlight w 1 cfl, 1 LED par38 26 w 1 11 7 / 4100 backside of city hall building second floor stair landing LED PAR38, 5000K 12 w 1 1 14 w 0.0% - $0.00 0 0 w 0 0 0 / 0 0 0 0 0 w 0 - - w 0.0% - $0.00
Totals 127 Ave: 3314 w 127 2,020 w 65.2% 7,174.90 $2,475.73 2,020 Estimated Watts Saved Total Project Cost $12,970.43 Approximate Energy Savings Per Month 7,175 Estimated Annual kWh Saved Total After Rebate/Incentive Project Cost $12,970.43 Estimated Energy Savings Per Year
0.9 Estimated Avg Annual Res Powered by Savings ****Estimated Program Payback Period Yrs. 5.24 **Estimated Total Savings Over 5 Years 5 Estimated Annual CO2 Savings (MT) ** Estimated Total Savings After 10 Years $13,955.89
$32,632.03
Existing Operating
Hours-Day / Yr.
$206.31
$2,475.73
Existing Watts/
Fix
# of
Fixtures
Watts/bulbs
Saved Room/Area Suggested Replacement Watts/Fix Usage Saved Suggested Replacements Savings
ENERGY AUDIT
EXISTING Location
Building/Zone Annual Savings # of
Fixtures
CITY OF CALISTOGA
City of Calistoga - City Police & Jail
1235 Washington St.
Calistoga, CA 94515
Acct: 0626781557; SAID: 0626781257
# of
Lamps
ATTACHMENT 5
Item #7.1.
EcoGreen Sales Rep: Andrew Guercio 0
Customer Contact: Derek Rayner 0
Title of Contact: Director of Public Works 0 Approx. Building Size 4,769 SF Customer Phone: 707-942-2782 0 Energy Rate $ 0.35 /kWh
Customer Email: [email protected] 0 Interest Rate 0% 0 In Reference to Quote # 200986 KWh
Saved
Existing Operating
Hours-Day / Yr. Existing Watts/ Fix
# of
Fixtures
Watts/bulbs
Saved Room/Area Suggested Replacement Watts/Fix Usage Saved Suggested Replacements Savings
ENERGY AUDIT
EXISTING Location
Building/Zone Annual Savings # of
Fixtures
CITY OF CALISTOGA
City of Calistoga - City Police & Jail
1235 Washington St.
Calistoga, CA 94515
Acct: 0626781557; SAID: 0626781257
# of
Lamps
130 Estimated Btu Savings Per Month Estimated Energy Rebate
65.2% Estimated Average Electrical Savings Estimated IRS Tax Deduction 179D Available
19.1% Estimated ***Estimated Federal Tax Savings
5.24 Estimated Payback Period Yrs. - No Rebates, Tax Deductions or Bulb Replacement Savings Estimated Bulb Replacement Savings Per Year
4.81 Estimated Payback Period Yrs. Fully Comprehensive^ ^^ Estimated Bulb Replacement Savings Per Avg. Est. Life of LED Estimated Loan Payment
*** Based on IRS 179D Deduction @ 35% federal tax rate NOTE: Attached calculations do not include depreciation deduction for project cost. ****Program Payback Period Yrs. = (Total Project Cost - Available Program Rebates or Incentives) / Estimated $ Saved per Year *Payment is based on a 5.24 year loan at 0% interest OAC, actual my vary. ^Payback Period Yrs. = (Total Project Cost - Available Rebate or Incentive - Tax Savings) / (Estimated Savings Per Year + Bulb Replacement Savings Per Yr.) ** Reflects energy savings per year increasing at industry standard 6% per year + Bulb Replacement ^^Based on industry standard LED lifespan of 50,000 hrs. $13.27
$6,823.50
$1,001.49
$0.00
$2,861.40
$202.66 Item #7.1.
EcoGreen Sales Rep: Andrew Guercio 0
Customer Contact: Derek Rayner 0
Title of Contact: Director of Public Works 0 Approx. Building Size 4,557 SF Customer Phone: 707-942-2782 0 Energy Rate $ 0.29 /kWh
Customer Email: [email protected] 0 Interest Rate 0% 0 In Reference to Quote # 200969 KWh
Saved
0 0 w 0 0 0 / 0 0 0 Emergency Driver 0 w 0 - - w 0.0% - $0.00 10in square lb w 2 cfl 31 w 2 11 7 / 4100 community center side entrance LED A19, 4100K, 120v w/ Socket Replacement 12 w 2 4 38 w 0.0% - $0.00 bollard w 1 cfl 17 w 12 11 7 / 4100 pool front walkway LED A19, 5000K, 120v 6 w 12 12 132 w 64.7% 541.16 $159.37 lb w 1 cfl 17 w 1 1 1 / 41 community center storage room LED Lowbay White 11" Round Puff Fixture, 3K,4K,5K, UNV, SMT, Dimmable 14 w 1 1 3 w 0.0% - $0.00 lb w 1 a19 incandescent 60 w 1 1 1 / 41 community center storage room LED Lowbay White 11" Round Puff Fixture, 3K,4K,5K, UNV, SMT, Dimmable 14 w 1 1 46 w 0.0% - $0.00 lb w 1 cfl 17 w 1 1 1 / 41 community center storage room LED Lowbay White 11" Round Puff Fixture, 3K,4K,5K, UNV, SMT, Dimmable 14 w 1 1 3 w 0.0% - $0.00 area light w 1 hps 188 w 3 11 7 / 3976 water treatment plant pathway to pond LED High Lumen Filament Highbay Replacement, 5000k, UNV 0 w 3 - 564 w 0.0% - $0.00 4ft lin wrap w 2 t8. 59 w 2 1 1 / 41 community center kitchen (main room) LED 4' Linear Wrap Fixture, 35K, 4K, 5K, UNV 23.9 w 2 2 70 w 0.0% - $0.00 4ft lin wrap w 3 t8. 89 w 6 5 3 / 727 community center main room LED 4' Linear Wrap Fixture, 35K, 4K, 5K, UNV 33.2 w 6 6 335 w 0.0% - $0.00 4ft lin w 2 t8. 59 w 2 2 4 / 395 pool mechanical room (heater room) LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 2 2 82 w 69.5% 32.40 $9.54 4ft lin w 2 t8. 59 w 1 2 3 / 291 pool electrical room LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 1 1 41 w 69.5% 11.93 $3.51 4ft lin w 2 t12. 72 w 1 9 5 / 2247 water treatment plant analyzer room LED 4' Linear Fixture, 4000K, UNV, SMT 18 w 1 1 54 w 0.0% - $0.00 8ft lin w 4 t8. 112 w 1 2 3 / 291 community center control room LED 8' Linear Fixture, 4000K, UNV, SMT 38 w 1 1 74 w 0.0% - $0.00 lb w 1 cfl 33 w 19 11 7 / 4100 pool pool side eves of roof LED Horizontal PL Replacement, 4000K, UNV 10 w 19 19 437 w 69.7% 1,791.56 $527.62 lb w 1 cfl 17 w 1 1 1 / 41 community center storage room LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 1 1 3 w 0.0% - $0.00 wp w 2 cfl 31 w 3 12 7 / 4248 wwtp main building 2nd floor walkway LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 3 3 51 w 0.0% - $0.00 lb w 1 cfl 17 w 4 9 5 / 2247 wwtp main building 1st floor locker room LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 4 4 12 w 0.0% - $0.00 wp w 1 cfl 17 w 2 11 7 / 3976 wwtp side of main building LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 2 2 6 w 0.0% - $0.00 wp w 1 cfl 17 w 2 11 7 / 3976 wwtp side of chemical shed LED Outdoor Enclosed Wall Sconce, 3000K,3500K 4000K,4100K,5000K 14 w 2 2 6 w 0.0% - $0.00 2ft lowbay w 2 t8. 33 w 3 1 3 / 145 community center main room 2' LED Tube (Type A & B) 4000k 24 w 3 6 27 w 0.0% - $0.00 2ft lin w 1 t8. 20 w 1 2 3 / 291 water treatment plant lab 2' LED Tube (Type A & B) 4000k 0 w 1 - 20 w 0.0% - $0.00 0 0 w 0 0 0 / 0 wwtp Sultzer Pump 25HP VFD with Bypass 0 w 0 - - w 0.0% - $0.00 0 0 w 0 0 0 / 0 wwtp Flowserve Pump 25HP VFD with Bypass 0 w 0 - - w 0.0% - $0.00 Main Pool Pumps (2) 0 w 0 0 0 / 0 0 0 15 kW (20 HP), 61 A, 200-240 V, 3PH, IP20 Variable Frequency Drive with EMC, Filter 0 w 2 - - w 23.7% 23,230.00 $6,841.30 Small Pool (1) 0 w 0 0 0 / 0 0 0 15 kW (20 HP), 61 A, 200-240 V, 3PH, IP20 Variable Frequency Drive with EMC, Filter 0 w 1 - - w 24.8% 12,310.00 $3,625.33 0 0 w 0 0 0 / 0 0 0 ICP Project Development/Engineering Certification 0 w 0 - - w 0.0% - $0.00 LED 45 ft pole retrofit 0 w 8 12 7 / 4248 pool parking lot Skip 0 w 8 - - w 0.0% - $0.00 LED 4ft lin wrap w 1 t8 retrotube 0 w 6 5 5 / 1249 pool front entrance Skip 0 w 6 - - w 0.0% - $0.00 LED 4ft lin wrap w 2 t8 retrotube 0 w 7 8 5 / 1998 pool ticket office Skip 0 w 7 - - w 0.0% - $0.00 LED 55ft pole w 2 retrofit 0 w 6 3 5 / 749 pool perimeter of pool Skip 0 w 6 - - w 0.0% - $0.00 LED 8ft lin vpt w 2 4ft t8 retrotube 0 w 1 3 5 / 749 pool janitor closet Skip 0 w 1 - - w 0.0% - $0.00 LED 8ft lin vpt w 2 4ft t8 retrotube 0 w 1 10 5 / 2497 pool lifeguard equipment storage Skip 0 w 1 - - w 0.0% - $0.00 LED 8ft lin vpt w 2 4ft t8 retrotube 0 w 7 8 5 / 1998 pool mechanical room Skip 0 w 7 - - w 0.0% - $0.00 LED 8ft lin vpt w 2 4ft t8 retrotube 0 w 6 4 5 / 999 pool mens locker room Skip 0 w 6 - - w 0.0% - $0.00 LED area light w 1 mr16 0 w 10 5 5 / 1249 pool front entrance Skip 0 w 10 - - w 0.0% - $0.00 LED lb 0 w 5 5 5 / 1249 pool front entrance Skip 0 w 5 - - w 0.0% - $0.00 LED 4ft lin wrap 0 w 2 6 5 / 1498 community center mens bathroom Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft lin wrap 0 w 2 6 5 / 1498 community center womens bathroom Skip 0 w 2 - - w 0.0% - $0.00 LED track lighting w 1 par38 0 w 14 5 3 / 727 community center main room Skip 0 w 14 - - w 0.0% - $0.00 LED 4ft lin wrap w 4 t8 retrotube 0 w 4 9 5 / 2247 water treatment plant lab Skip 0 w 4 - - w 0.0% - $0.00 LED 4ft lin wrap w 4 t8 retrotube 0 w 2 9 5 / 2247 water treatment plant office Skip 0 w 2 - - w 0.0% - $0.00 LED 8ft lin w 4 4ft t8 retrotube 0 w 5 9 5 / 2247 water treatment plant analyzer room Skip 0 w 5 - - w 0.0% - $0.00 LED 4ft vpt w 2 t8 retrotube 0 w 3 9 5 / 2247 water treatment plant chemical shed Skip 0 w 3 - - w 0.0% - $0.00 LED 4ft vpt w 2 t8 retrotube 0 w 2 3 3 / 436 water treatment plant storage shed Skip 0 w 2 - - w 0.0% - $0.00 LED area light w 1 mr20. 0 w 5 4 7 / 1416 water treatment plant side of buildings Skip 0 w 5 - - w 0.0% - $0.00 LED 8ft lin wrap w 2 4ft t8 retrotube 0 w 8 9 5 / 2247 wwtp main building 2nd floor office Skip 0 w 8 - - w 0.0% - $0.00 LED 2x2 w 2 t8 retrotube 0 w 4 9 5 / 2247 wwtp main building 2nd floor system superintendent office Skip 0 w 4 - - w 0.0% - $0.00 LED 4ft lin w 2 t8 retrotube 0 w 6 9 5 / 2247 wwtp main building 1st floor shop Skip 0 w 6 - - w 0.0% - $0.00 LED 4ft lin w 2 t8 retrotube 0 w 2 9 5 / 2247 wwtp main building 1st floor office Skip 0 w 2 - - w 0.0% - $0.00 LED 4ft lin wrap vanity w 2 t8 retrotube 0 w 1 9 5 / 2247 wwtp main building 1st floor locker room Skip 0 w 1 - - w 0.0% - $0.00 LED 4ft lin w 2 t8 retrotube 0 w 9 9 5 / 2247 wwtp main building 1st floor lab Skip 0 w 9 - - w 0.0% - $0.00 LED 4ft lin w 2 t8 retrotube 0 w 4 9 5 / 2247 wwtp main building 1st floor chemical shed Skip 0 w 4 - - w 0.0% - $0.00 LED 4ft lin w 2 t8 retrotube 0 w 8 9 5 / 2247 wwtp main building 1st floor blower shed Skip 0 w 8 - - w 0.0% - $0.00 LED single head pole w 1 corncob 0 w 13 12 7 / 4248 wwtp plant grounds Skip 0 w 13 - - w 0.0% - $0.00 Totals 219 Ave: 2827 w 222 2,004 w 25.1% 37,917.05 $11,166.68 2,004 Estimated Watts Saved Total Project Cost $71,624.46 Approximate Energy Savings Per Month 37,917 Estimated Annual kWh Saved Total After Rebate/Incentive Project Cost $71,624.46 Estimated Energy Savings Per Year
4.6 Estimated Avg Annual Res Powered by Savings ****Estimated Program Payback Period Yrs. 6.41 **Estimated Total Savings Over 5 Years 28 Estimated Annual CO2 Savings (MT) ** Estimated Total Savings After 10 Years 12,604 Estimated Btu Savings Per Month Estimated Energy Rebate
25.1% Estimated Average Electrical Savings Estimated IRS Tax Deduction 179D Available
15.6% Estimated ***Estimated Federal Tax Savings
6.41 Estimated Payback Period Yrs. - No Rebates, Tax Deductions or Bulb Replacement Savings Estimated Bulb Replacement Savings Per Year
6.25 Estimated Payback Period Yrs. Fully Comprehensive^ ^^ Estimated Bulb Replacement Savings Per Avg. Est. Life of LED Estimated Loan Payment
*** Based on IRS 179D Deduction @ 35% federal tax rate NOTE: Attached calculations do not include depreciation deduction for project cost. ****Program Payback Period Yrs. = (Total Project Cost - Available Program Rebates or Incentives) / Estimated $ Saved per Year *Payment is based on a 6.41 year loan at 0% interest OAC, actual my vary. ^Payback Period Yrs. = (Total Project Cost - Available Rebate or Incentive - Tax Savings) / (Estimated Savings Per Year + Bulb Replacement Savings Per Yr.) ** Reflects energy savings per year increasing at industry standard 6% per year + Bulb Replacement ^^Based on industry standard LED lifespan of 50,000 hrs. # of
Lamps
# of
Fixtures
CITY OF CALISTOGA
City of Calistoga - Community Pool
1745 Washington St.
Calistoga, CA 94515
Acct: 3185886582; SAID: 3185886475
Suggested Replacements Savings
ENERGY AUDIT
EXISTING Location
Building/Zone Annual Savings Existing Operating
Hours-Day / Yr.
$930.56
$11,166.68
Existing Watts/
Fix
# of
Fixtures
Watts/bulbs
Saved Room/Area Suggested Replacement Watts/Fix Usage Saved $956.97
$62,947.59
$147,185.66
$0.00
$2,734.20
$930.56
$137.35
$39,177.76 Item #7.1.
EcoGreen Sales Rep: 0 0
Customer Contact: Derek Rayner 0
Title of Contact: Director of Public Works 0 Approx. Building Size 6,570 SF Customer Phone: 707-942-2782 0 Energy Rate $ 0.42 /kWh
Customer Email: [email protected] 0 Interest Rate 0% 0 In Reference to Quote # 0 KWh
Saved
8in can w 2 cfl 45 w 3 10 7 / 3540 fire department public restroom hallway LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 3 3 96 w 71.1% 339.84 $142.35 4ft lin wrap vanity w 1 t8. 31 w 1 3 7 / 1062 fire department public restroom 4' T8 LED Tube Double Ended Bypass(Type B), 4000K, UNV 10.5 w 1 1 21 w 66.1% 21.77 $9.12 4ft lin wrap vanity w 1 t8. 31 w 1 3 7 / 1062 fire department public restroom 4' T8 LED Tube Double Ended Bypass(Type B), 4000K, UNV 10.5 w 1 1 21 w 66.1% 21.77 $9.12 wp w 1 cfl 46 w 10 11 7 / 4100 fire dept back entrance LED Horizontal PL Replacement, 4000K, UNV 10 w 10 10 360 w 78.3% 1,475.88 $618.22 lb w 3 cfl 133 w 1 11 7 / 4100 fire dept back entrance LED Horizontal PL Replacement, 4000K, UNV 30 w 1 3 103 w 77.4% 422.27 $176.88 4ft lin vpt w 1 t8. 31 w 1 1 2 / 93 fire dept generator room LED 4' Linear Vapor Tight Fixture, 4000K, UNV, SMT 23 w 1 1 8 w 25.8% 0.75 $0.31 LED 2x4 w 3 t8 retrotube 0 w 2 6 5 / 1498 fire dept kitchen Skip 0 w 2 - - w 0.0% - $0.00 8in can w 1 cfl 26 w 2 8 5 / 1998 fire dept kitchen LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 2 2 26 w 50.0% 51.94 $21.76 LED 2ft lin wrap w 1 t8 retrotube 0 w 4 1 3 / 145 fire dept kitchen Skip 0 w 4 - - w 0.0% - $0.00 8in can w 2 cfl 45 w 6 10 5 / 2497 fire dept training/meeting room LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 6 6 192 w 71.1% 479.45 $200.83 LED 8ft lin w 6 t8 retrotube 0 w 6 10 5 / 2497 fire dept training/meeting room Skip 0 w 6 - - w 0.0% - $0.00 2x2 w 2 t8 utube 59 w 8 6 5 / 1498 fire dept hallway LED Troffer 2x2,Retrofit Kit 4000K, UNV, REC 18 w 9 9 310 w 65.7% 464.47 $194.56 4ft lin wrap vanity w 1 t8. 31 w 1 4 5 / 999 fire dept bathroom 4' T8 LED Tube Double Ended Bypass(Type B), 4000K, UNV 10.5 w 1 1 21 w 66.1% 20.48 $8.58 8in can w 1 cfl 26 w 1 4 5 / 999 fire dept bathroom LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 1 1 13 w 50.0% 12.99 $5.44 4ft lin wrap vanity w 1 t8. 31 w 1 4 5 / 999 fire dept bathroom 4' T8 LED Tube Double Ended Bypass(Type B), 4000K, UNV 10.5 w 1 1 21 w 66.1% 20.48 $8.58 8in can w 1 cfl 26 w 1 4 5 / 999 fire dept bathroom LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 1 1 13 w 50.0% 12.99 $5.44 LED 2x4 w 3 t8 retrotube 0 w 4 6 5 / 1498 fire dept gym Skip 0 w 4 - - w 0.0% - $0.00 2x4 w 1 t8. 31 w 3 8 5 / 1998 fire dept barracks LED Troffer 2x4 Retrofit Kit, 4000K, UNV, REC 21 w 3 3 30 w 32.3% 59.93 $25.10 LED 2x4 w 2 t8 retrotube 0 w 2 8 5 / 1998 fire dept storage room Skip 0 w 2 - - w 0.0% - $0.00 2x2 w 2 t8 utube 59 w 4 6 5 / 1498 fire dept laundry room LED Troffer 2x2,Retrofit Kit 4000K, UNV, REC 18 w 4 4 164 w 69.5% 245.72 $102.93 LED 8ft lin w 4 t8 retrotube 0 w 14 12 7 / 4248 fire dept garage Skip 0 w 14 - - w 0.0% - $0.00 LED 8ft lin w 6 t8 retrotube 0 w 1 10 5 / 2497 fire dept office common area Skip 0 w 1 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube 0 w 2 8 5 / 1998 fire dept chiefs office Skip 0 w 2 - - w 0.0% - $0.00 LED 2x4 w 2 t8 retrotube, 1 t8. 0 w 1 8 5 / 1998 fire dept office Skip 0 w 1 - - w 0.0% - $0.00 lb w 1 cfl 46 w 3 5 2 / 466 fire dept museum LED Horizontal PL Replacement, 4000K, UNV 10 w 3 3 108 w 78.3% 50.37 $21.10 8in can w 2 cfl 45 w 3 5 2 / 466 fire dept museum LED 8" Can Downlight,3000K, 3500K, 4000K, REC 13 w 3 3 96 w 71.1% 44.78 $18.76 track lighting w1 mr16 42 w 4 1 1 / 41 fire dept museum LED MR16, 4000K, GU5.3 7 w 4 4 140 w 83.3% 5.76 $2.41 floodlight w 1 metal halide 190 w 3 11 7 / 4100 fire dept driveway LED Flood Light, 3K, 4K, 5K, UNV, Knuckle Mount 50 w 3 3 420 w 73.7% 1,721.87 $721.26 Totals 93 Ave: 2660 w 94 2,161 w 72.1% 5,473.50 $2,292.76 2,161 Estimated Watts Saved Total Project Cost $14,344.02 Approximate Energy Savings Per Month 5,473 Estimated Annual kWh Saved Total After Rebate/Incentive Project Cost $14,344.02 Estimated Energy Savings Per Year
0.7 Estimated Avg Annual Res Powered by Savings ****Estimated Program Payback Period Yrs. 6.26 **Estimated Total Savings Over 5 Years 4 Estimated Annual CO2 Savings (MT) ** Estimated Total Savings After 10 Years 525,389 Estimated Btu Savings Per Month Estimated Energy Rebate
72.1% Estimated Average Electrical Savings Estimated IRS Tax Deduction 179D Available
16.0% Estimated ***Estimated Federal Tax Savings
6.26 Estimated Payback Period Yrs. - No Rebates, Tax Deductions or Bulb Replacement Savings Estimated Bulb Replacement Savings Per Year
5.42 Estimated Payback Period Yrs. Fully Comprehensive^ ^^ Estimated Bulb Replacement Savings Per Avg. Est. Life of LED Estimated Loan Payment
*** Based on IRS 179D Deduction @ 35% federal tax rate NOTE: Attached calculations do not include depreciation deduction for project cost. ****Program Payback Period Yrs. = (Total Project Cost - Available Program Rebates or Incentives) / Estimated $ Saved per Year *Payment is based on a 6.26 year loan at 0% interest OAC, actual my vary. ^Payback Period Yrs. = (Total Project Cost - Available Rebate or Incentive - Tax Savings) / (Estimated Savings Per Year + Bulb Replacement Savings Per Yr.) ** Reflects energy savings per year increasing at industry standard 6% per year + Bulb Replacement ^^Based on industry standard LED lifespan of 50,000 hrs. # of
Lamps
# of
Fixtures
CITY OF CALISTOGA
City of Calistoga - Fire Station
1113 Washington St
Calistoga, CA 94515
Acct: 0626781557; SAID: 0627184571
Suggested Replacements Savings
ENERGY AUDIT
EXISTING Location
Building/Zone Annual Savings Existing Operating
Hours-Day / Yr.
$191.06
$2,292.76
Existing Watts/
Fix
# of
Fixtures
Watts/bulbs
Saved Room/Area Suggested Replacement Watts/Fix Usage Saved $1,379.70
$12,924.50
$30,220.40
$0.00
$3,942.00
$188.74
$100.26
$27,057.91Item #7.1.