Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council - Special Meeting
Tuesday, August 19, 2025 - 6:00 PM
1307 Washington St., Calistoga
Hybrid
Councilmember Gift will be attending via teleconference from 2200 Airport Blvd, Santa Rosa, CA 95403 Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID:84826952294
3. Watch or participate online via Zoom - click this link
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After the allotted time, you will be re-muted.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments must be submitted at least four hours prior to the meeting start time to be included in the agenda and posted online. Comments received thereafter, will be made part of the official record and given to the Committee after the meeting. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
1. CALL TO ORDER – ROLL CALL
2. GENERAL GOVERNMENT
2.1. Concession License Agreement between the City of Calistoga and the Native Sons of the Golden West, Parlor 86
Recommended Action: - Consider Authorizing the City Manager/Staff to Enter into the Agreement
Staff Report - Concession License Agreement with Native Sons of the Golden West, Parlor 86 - Pdf (Page 3 - 16)
2.2. Discussion and Action on the Calistoga Fairgrounds Statistically Valid Community Survey Including Survey Process and the Geographic Boundary for Survey Distribution
Recommended Action: Consider the fairgrounds advisory committee recommendation to expand the geographic boundary for survey distribution to the school district boundary and via a motion provide direction to staff regarding the
boundary of the survey distribution and/or additional steps in the survey process.
Staff Report - Discussion and Action on the Calistoga Fairgrounds Statistically Valid Community Survey Including Survey Process and the Geographic Bou - Pdf (Page 17 - 21)
Public Comment (Page 17 - 21)
2.3. Fairgrounds Advisory Committee Meeting Time
Recommended Action: Consider discussing and providing direction.
Staff Report - Fairgrounds Advisory Committee Meeting Time - Pdf (Page 22 - 25) Public Comment (Page 22 - 25)
3. COUNCIL REPORTS
4. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5: any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on August 15, 2025, by 4:30 p.m.
Yudiana Galvan, City Clerk
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Fairgrounds Special Meeting - Aug 19 2025 Subject: Concession License Agreement with Native Sons of the Golden West, Parlor 86 DESCRIPTION:
Concession License Agreement between the City of Calistoga and the Native Sons of the Golden West, Parlor 86
RECOMMENDATION:
Consider Authorizing the City Manager/Staff to Enter into the Agreement SUMMARY:
Staff is seeking approval of the Concession License Agreement with Native Sons of the Golden West, Parlor 86, a local nonprofit organization, for alcohol concession sales during the Louie Vermeil Classic Sprint Car Race at the Calistoga Fairgrounds.
ANALYSIS:
As part of the November 19, 2024, contract for the Louie Vermeil Classic Sprint Car Race at the Calistoga Fairgrounds, the City retained the rights to alcohol concession sales.
To select a qualified vendor for this opportunity, staff issued a formal Request for Proposals (RFP) in July 2025. Native Sons of the Golden West, Parlor 86, a local nonprofit organization, was selected as the highest-ranked proposer through this process.
Staff is requesting approval of the Concession License Agreement with Native Sons of the Golden West, Parlor 86, for alcohol sales at sprint car races held at the Calistoga Speedway. In accordance with the RFP, the City may also, at its sole discretion, engage Native Sons to provide alcohol sales at other events held at the Calistoga Speedway during the seventeen-month term of the agreement, through December 31, 2026, provided the City retains the alcohol rights for those events.
The City requires that alcohol sales be conducted professionally, in full compliance with liquor licensing and environmental health regulations. Additionally, the City expects the quality of products offered and the relationship with the community to be maintained or improved.
The goal is to maximize sales potential by aligning offerings with the nature of scheduled events and providing products that appeal to attendees. This approach is intended to benefit the vendor, the City, and ensure the safe enjoyment of the public.
Native Sons of the Golden West, a local nonprofit organization with experience providing alcohol service at both public and private events, is well-positioned to meet these expectations.
Staff are requesting that the Council approve the resolution and authorize the City Manager to sign.
FINANCIAL IMPACT:
Under the agreement, Native Sons will pay the City 25 percent of gross alcohol sales. While the City has not previously received alcohol revenue from sprint car races, based on projected attendance figures, beer sales could total around 3,000 units per event, resulting in an estimated $5,250 in revenue to the City per event. With four scheduled events, this could generate approximately $21,000 in total revenue, to be deposited into Fund #70-3260.
CEQA STATUS:
No CEQA review is required.
ATTACHMENT(S):
Native Sons License Agreement Resolution
Fairground Concession License Agreement - Native Sons Alcohol Concession Final APPROVAL(S):
Rachel Stepp, Deputy City Manager Approved - Aug 07 2025 Connie Cardenas, Admin. Services Director Approved - Aug 08 2025 Laura Snideman, City of Calistoga | City Manager Approved - Aug 12 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Aug 13 2025
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LICENSE AGREEMENT WITH NATIVE SONS OF THE GOLDEN WEST, PARLOR 86 FOR CONCESSION SALES OF ALCOHOL ON THE
FAIRGROUNDS PROPERTY.
WHEREAS, The City of Calistoga owns and operates a portion of property known as Calistoga Fairgrounds;
WHEREAS, The City of Calistoga agrees it is in the best interest of the City to enter into License Agreement for the alcohol concession sales of the fairground's property; and WHEREAS, the Native Sons of the Golden West, Parlor 86, was a high bidder for the request for proposal of alcohol sales and would like to provide this service for the City safely and professionally; and
WHEREAS, a License Agreement between the City of Calistoga and Native Sons of the Golden West, Parlor 86, is beneficial to the City and establishes the allowed sales of alcohol during Citycontrolled alcohol concession sales events at the Calistoga Speedway from August 19, 2025, through December 31, 2026.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga that the Calistoga City Council hereby authorizes the City Manager to enter into the following agreements:
1. License Agreement between the City of Calistoga and native Sons of the Golden West, Parlor 86, a California 501(c)(3) non-profit organization.
PASSED, APPROVED AND ADOPTED this 19th day of August 2025. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY, the foregoing resolution was introduced and passed at a meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
_____________________________ _ ___________________________ Yudiana Galvan, CMC, City Clerk Donald Williams, Mayor
LICENSE AGREEMENT
This License Agreement, (“License”) is made and executed in triplicate by and between Native Sons of the Golden West, Parlor 86, a California Nonpro?t Corporation (“Licensee”) and the City of Calistoga, a municipal corporation (“City”).
RECITALS
A. City owns certain real property, located at the Calistoga Fairgrounds, 1435 N.
Oak Street (“Fairgrounds”).
B. Licensee desires to obtain a temporary, non-exclusive License to use the License Area for concession vending during Calistoga Fairgrounds Events, Calistoga Speedway.
C. City is willing to permit such use on the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, which are incorporated herein by reference, and the mutual promises herein contained, the parties agree as follows:
1. Grant of License. City hereby grants to Licensee, and Licensee hereby accepts from City the non-exclusive and revocable right, privilege, and permission to use the License Area to promote and operate beer and/or wine beverage sales during the operation of the Calistoga Speedway for events in which the City maintains the option of alcohol sales (“Permitted Use”) and for no other purpose or at any other time.
2. Term. The term of this License shall commence August 19, 2025 and shall end on December 31. 2026 unless sooner terminated as provided in Section 10.
3. License Fee/Deposit. The “License Fee” for use of the License Area is 25% of all sales per event due and payable to City in accordance with Section 21. Upon the submission of this License for City approval, Licensee shall pay City a deposit in the amount of $200.00 (“Deposit”). City may retain from the Deposit any amount necessary to remedy any Licensee defaults, including, among others, failure to pay the License Fee, damage to the License Area or cleaning of the License Area upon Licensee move-out. The Deposit or any balance and an itemized list of any deductions shall be returned to Licensee no later than forty-?ve (45) days after expiration or termination of the License.
4. License Area.
a. The Licensee may operate the Permitted Use at two concession stands, located at the Fairgrounds as shown on the attached Exhibit A (“License Area”). b. Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts it in its present "as is” condition.
c. Licensee agrees to take proper care to maintain and preserve the License Area and surrounding property of City and at the expiration or other termination of this License, to surrender the License Area to City in as good condition, reasonable wear and tear expected, as at the date of the execution of this License.
d. Licensee shall keep the License Area in a clean, orderly, and sanitary condition to the satisfaction of City‘s Fairground Director or designee. e. Licensee shall manage and dispose of all waste generated from its operations, including, among other things, food scraps, packaging. and grease. Trash and recycling must be sorted and disposed of on a daily basis in designated bins provided by City. Grease may not be dumped on the License Area or other City property or into any onsite receptacle not speci?cally designated for grease collection.
f. Greywater disposal is not available on site. Licensees must make arrangements to collect and remove greywater in compliance with Napa County (“County”) regulations. No greywater may be discharged on the ground or into storm drains g. Any cooking by Licensee within the License Area must obtain approval in advance and in writing by the local ?re marshal. A functional and appropriately rated ?re extinguisher (e.g., Class K for grease ?res) must be accessible at all times in the License Area.
Propane tanks must be properly secured and kept away from ignition sources. Fire lanes and exits must be kept clear at all times. All ?re safety measures must meet the requirements of the Calistoga Fire Department.
h. Licensees must comply with the City’s Food Ware Ordinance, including the use of compostable or recyclable food service ware, styrofoam or non-recyclable plastics. reusable utensils or compostable alternatives whenever possible. i. Upon request, Licensee will furnish City with a list of all sales prices and other charges of any kind whatsoever to be charged by Licensee. If Licensee sells food, Licensee shall submit menus and prices to City for approval at least twelve (12) hours in advance of each day’s operation.
j. Licensee will post in a conspicuous manner at the front entrance to the License Area, a sign showing the prices to be charged for all articles offered for sale to the public. The size of said sign, manner and place of posting shall be pre-approved in writing by City. k. Licensee must, at its own expense. keep the License Area and adjacent areas properly arranged and clean. All concessions must be clean, all coverings removed.and the concessions ready for business each day at least one hour before the Fairgrounds is open to the public. Receptacles will be provided at several locations to receive Licensee‘s trash, and such trash must not be swept into the aisles or streets or any public areas. 4930-4425-30l9vl - 2 -
l. Sound-producing devices used by Licensee within the License Area shall not cause annoyance or inconvenience to patrons or to other concessionaires or exhibitors. Soundampli?cation equipment shall be approved in advance and in writing by City. If City determines, in its sole discretion, that Licensee is producing excessive or annoying sounds, City shall notify Licensee of such determination and Licensee shall immediately remedy such matter. City shall have the right to cause Licensee to cease producing such excessive or annoying sounds if it elects and Licensee shall immediately comply.
m. Licensee agrees that there will be no games, gambling or any other activities in which money is used as a prize or premium. Only customary merchandising methods shall be used and all methods of operations, demonstration, and sale, shall be subject to the advance, written approval of City and in conformance with applicable law.
5. Alterations. No alterations, changes and/or addition of any character shall be made to the License Area without the prior written consent of City. If such consent is secured by Licensee, such changes shall be at the sole cost and expense of Licensee and must be removed at the expiration or termination of the License.
6. Indemni?cation. Licensee shall exercise it privileges hereunder at its own risk and shall indemnify, defend, and hold harmless City and its of?cers, of?cials, employees, agents, representatives and volunteers (collectively, “City Parties”) from and against any and all liability, losses, claims, demands, liens, payments suits, actions, recoveries andjudgments arising out of, or in any way connected with, the entry or use of the License Area by Licensee or Licensee’s agents, representatives, employees, contractors, subcontractors, guests, invitees, visitors, and customers (collectively, "Licensee Parties”), except to the extent caused by City Parties’ gross negligence or willful misconduct. Licensee Parties shall defend City Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. Licensee Parties shall have no right to seek reimbursement from City Parties for the costs of defense. The obligations contained in this Section 6 shall survive the termination of this License for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this License.
7. Insurance.
a. General Liability - During the term of this License, Licensee shall procure and maintain in full force and effect a minimum Commercial General Liability Insurance , on an occurrence with limits not less than $5,000,000 per occurrence for Fair time Carnival Rides; $5,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $3,000,000 for Swap Meets; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock vents; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fair time Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitons, and Simulators. All licenses for which liability insurance (and liquor liability, if applicable) is required shall provide a minimum amount of $1,000,000 combined 4930—4425-3019vl - 3 -
single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate (and liquor liability if applicable). Licensee shall maintain Worker’s Compensation Insurance as required by the State of California. Licensee shall provide certi?cates of insurance and endorsements in accordance with the requirements of the City’s Risk Manager.
The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by Licensee in this License; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and nonowned equipment , with the City listed as additional insured. b. Policy Terms. Concurrently with execution of this License, Licensee shall provide City with Certi?cates of Insurance evidencing that Licensee has obtained or maintains the insurance required by this Section 7. The Certi?cates shall be on forms acceptable to City.
Licensee shall also furnish City with original endorsements with the following documentation:
0 Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after City shall have received written noti?cation thereof from Licensee by United States mail;
0 Providing that Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer‘s liability (cross-liability endorsement);
0 Listing the City of Calistoga as Additional Insured setting forth the following language in the Insurance Endorsement, “That the City of Calistoga, its City Council, boards, commissions, committees, of?cers, employees and agents are made additional insured but only insofar as the operations under this contract are concerned. (“Additional Insureds”); and
0 Providing that for any claims relating to Licensee’s services hereunder, Licensee‘s insurance coverage shall be primary insurance with respect to City, its City Council, boards, commissions, committees, of?cers, employees and agents, and that any insurance or self-insurance maintained by City for itself, its City Council, boards, commissions, committees, of?cers, employees and agents shall be in excess of Licensee’s insurance and shall not be contributory with it.
o It shall be a requirement under this License that any available insurance proceeds broader than or in excess of the speci?ed minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
4930-4425-30l9vl - 4 -
(a) the minimum coverage and limits speci?ed in this License; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
c. Proof of insurance must be submitted to City 2 weeks prior to the event. The City reserves the right to impose additional insurance requirements consistent with the policies Additional information on insurance requirements is found in Exhibit B
8. Waiver of Subrogation. Licensee waives any and all rights of recovery against City and City’s Parties of the other for loss of, or damage to, such waiving party or its property or damage is insured against and under any insurance policy in force at the time of such loss or damage.
Licensee shall, upon obtaining the policies of insurance required hereunder, notify the insurance carriers that the foregoing waiver of subrogation is contained in this License.
9. Taxes. Licensee agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use of the License Area.
10. Termination and Enforcement.
a. City may terminate this License for any reason on ?ve (5) days’ written notice to Licensee. Licensee may terminate this License no earlier than upon 90 days’ written notice to City.
b. Licensee agrees that the operation of Licensee’s business and any services rendered by Licensee on or about the License Area shall at all times be orderly and sanitary and suf?cient to meet the needs of the public and consistent with good service.
City may terminate this License immediately for cause upon written notice to Licensee. “Good cause” includes, without limitation, failure to comply with the provisions of this License and the Exhibits attached hereto,
City reserves the right to terminate the License if Licensee has violated any provision of this License, including if City in its sole discretion determines that Licensee’s business operations or quality character of the services rendered by Licensee do not meet City standards, as well as for conducting business in a manner that threatens the health, safety, and welfare of Fairgrounds attendees or the public, failure to maintainthe applicable license(s) from the California Department of Alcoholic Beverage Control (“ABC”), violations of any food safety regulations or standards, or any violation of local, state, or federal laws.
Termination of this License under this Section 10(b) may result in immediate removal of Licensee’s concession stands from the Fairgrounds, and may include the loss of deposit or license rights and ineligibility for future use of Fairgrounds property. In event of termination under this section, Licensee shall not be entitled to any monetary compensation in any form whatsoever, nor shall it be entitled to any further services from City. 4930—4425-30l9vl - 5 _
11. Permits and Licenses. Licensee shall obtain at its sole cost and expense any and all permits and approvals that may be required in connection with the License or use of the License Area, including but not limited to obtaining a County Health permit and Calistoga Business License. Licensee shall timely pay all debts incurred by Licensee for the purchase of supplies, materials, and equipment, and for services of any sort, for use in, or in connection therewith.
12. Compliance with License Policies and Procedures. Licensee agrees to comply with the License Policies and Procedures set out on Exhibit B, including but not limited to rules and procedures related to Fire Marshal approval for decorations and lighting, alcohol service restrictions and ABC permit (if applicable), a prohibition on glass containers, excessive noise, dumping grease, clean-up and deposit procedures, and the security requirements determined by the Calistoga Police Department. In the event of any inconsistency between the provisions of this License and Exhibit B, the provisions most protective of the City and the public shall govern.
13. Compliance with Laws; Liens. Licensee shall at all times comply with, and pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all permitting requirements, laws, statutes, labor codes, ordinances, rules and regulations, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended, covenants and restrictions of record, life and ?re safety and similar requirements, including those of the State of California, the County, the City, or other applicable public authority (“Laws”) which apply to the operation and use of the License Area or any portion thereof, including those requiring alterations or additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the License Area or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the License Area or any portion thereof, and payment of any fees, charges or assessments arising out of or in any way related to the License Area or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be ?led against the License Area, or any interest of City or Licensee therein, and shall immediately discharge any such lien and shall protect, indemnify, defend (with counsel acceptable to City) and hold City harmless in connection therewith, except to the extent the lien is caused by City’s gross negligence or willful misconduct.
l4. Licensee’s Environmental Indemni?cation. Except to the extent caused by City’s gross negligence or willful misconduct, Licensee shall protect, indemnify, defend and hold City and City Parties and the License Area, harmless from and against any and all demands, liability, claims, actions, damages, costs and expenses, including attorneys’ fees, consultants’ fees, litigation costs, and investigation, removal, remediation, cleanup and monitoring costs, asserted against or incurred at any time and from time-to-time by reason of or arising out of the presence of any hazardous materials in, on, under or about the License Area resulting from or in connection with (a) the use, generation, storage, treatment, handling, transportation, disposal or release of any hazardous materials at, from or near the License Area by or for Licensee or any Licensee Parties or anyone under Licensee‘s control, or (b) the violation of any hazardous materials law by Licensee or any Licensee Parties or by anyone under Licensee’s control. Such indemnity obligation shall include any demands, liability, claims or actions for tangible or intangible property damage; compensation for lost wages, business income, pro?ts or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or 493044253019“ - 6 -
contamination, leak, spill, release or other adverse effect on the environment. Licensee’s indemnity obligations under this Section 14 shall survive the termination or expiration of the License (as amended by this Amendment). “Hazardous materials” means hazardous waste (as de?ned in 42 U.S.C. 16901, et seq), hazardous substance (as de?ned in 42 U.S.C. §9601, et seq), or other prohibited materials.
15. Advertising. Licensee agrees that neither it nor its agents will not at any time display any advertising sign on or about the License Area or City property without the prior written approval of the City.
16. Food Safety. Licensee shall comply with all applicable California Retail Food Code and food safety rules, including certi?ed food handler staf?ng and maintaining proper food temperatures. Violations may result in immediate termination of this License.
17. Utilities. Licensee shall be self-suf?cient unless otherwise arranged in writing. Licensee shall only use quiet generators. Electricity, natural gas, water, heating, air-conditioning, telephone and ordinary and customary janitorial services furnished to the License Area by City and charges for such utilities may need to be paid to City by Licensee.
18. Assignment of License. The License is personal to Licensee. Licensee shall not assign this License or any interest therein or rights thereto, nor enter into any agreement with a third person or persons respecting the use or occupation of the License Area, without the prior written consent of City, which City may withhold in its sole and absolute discretion. Any assignment in violation of this Section 18 shall be void.
19. Access. Licensee agrees that City and its agents and employees shall have access to the License Area at all times.
20. Risk of Loss. The City assumes no responsibility for loss or damage to the personal property of the Licensee.
21. Due from Licensee. Licensee shall pay and deliver to City the following sums and items at the times noted below. Payments shall be made by delivering a check made out to the City of Calistoga at :1232 Washington Street, Calistoga, CA 94515 A. Deposit: $200.00 Deposits shall be submitted to the City no later than ?fteen (15) days prior to the event.)
B. License Fee: 25% of all sales veri?ed by Purchase-of-Service (POS)-Register Report due no later than two (2) days after each event. POS reports shall include all cash, credit and justi?cation for void transactions.
D. Insurance: Due August 25, 2025.
E See Exhibit B for itemized detail
22. Notices. .All notices to be given hereunder shall be in writing and mailed postage prepaid by certi?ed or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to City’s 493044253019“ — 7 -
Address and Licensee’s Address, or to such other place as City and Licensee may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.
Licensee’s Address: Native Sons of the Golden West, Parlor 86 905 Champagne Ct.
Calistoga. CA 94515
Email:[email protected]
Phone: 707-339-0293
City’s Address: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
23. Entire Agreement. This License, including all Exhibits (which are hereby incorporated by reference), contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this License. No waiver, alteration, modi?cation, or termination of this License shall be valid unless made in writing and signed by the authorized parties hereof.
24. Interpretation. This License shall be deemed to be jointly prepared by both of the parties hereto, and any ambiguities or uncertainties herein shall not be construed for or against either of the parties hereto. The words “including,” “included,” “include” and words of similar import shall not be interpreted as words of exclusion but shall instead be interpreted as though followed by the words “but not limited to” or "without limitation.” No waiver by City of any breach or default of any provision of the License shall be deemed a waiver of any other provision hereof or of any subsequent breach or default by Licensee of the same or any other provision. The invalidity of any provision of this License as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. Licensee’s indemni?cation of City under this License shall be effective except to the extent of City’s gross negligence or willful misconduct.
25. Authority. The individual executing this License has full power and authority to execute and deliver the License on behalf of Licensee.
26. Con?ict of Interest Prohibition. City and Licensee will comply with the requirements of the City’s Con?ict of Interest Code adopted pursuant to California Government Code §87300 et seq, the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §lO90 et seq., and any other ethics laws applicable to the performance of the Services and/or this License. Licensee may be required to ?le with the City Clerk a completed Form 700 before commencing performance of the Services unless the City Clerk determines that completion of a Form 700 is not required, pursuant to City‘s Con?ict of Interest Code. Form 700 forms are available from the City Clerk. 4930—4425-3019vl - 8 -
Any violation by Licensee of the requirements of this provision will constitute a material breach of this License, and the City reserves all its rights and remedies at law and equity concerning any such violations.
27. Successors and Assigns. Except as otherwise provided in this License, all of the covenants, conditions and provisions of this License will be binding upon and will inure to the bene?t of the parties hereto and their respective heirs, personal representatives, successors and assigns.
28. Attorneys‘ Fees. In the event that any action is brought by either party hereto as against the other party hereto for the enforcement or declaration of any right or remedy in or under this License or for the breach of any covenant or condition thereof, the prevailing party shall be entitled to recover, and the other party agrees to pay, all fees and costs to be ?xed by the court therein including, but not limited to, attorneys” fees.
29. Force Majeure. Licensee acknowledges that the Fairgrounds may be required at any time, with limited advance notice, for the purpose of responding to an emergency declared by local, state, and/or federal governments. City shall not be liable for any interference of Licensee’s use or possession of the Licensed Area or loss to or expenses incurred by Licensee or its subcontractors or patrons that may result from such emergency use of the License Area.
30. Right to Audit Sales. City shall have the right to audit and monitor any and all sales.
31. Choice of Law. This License and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in the County of Napa, California. [Signatures followon next page]
4930-4425—3019“ - 9 -
IN WITNESS WHEREOF, the parties hereto have executed this License the day and year ?rst above written.
CITY: LICENSEE:
City of Calistoga, Native Sons of the Golden West, Parlor 86, A Municipal Corporation A California Nonpro?t Corporation ?//
Laura Snideman, City Manager y: «7/777 ‘éMfE
ItszR‘s/“agar M “-35
Yudiana Galvan, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
493044253019“ - 10 -
EXHIBIT A
DEPICTION OF LICENSE AREA
Calistoga Fairgrounds, 1435 N Oak St, Calistoga Ca 94515 Concession Sites 2) marked b red X
‘iéaItUI Fei11
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Fairgrounds Special Meeting - Aug 19 2025 Subject: Discussion and Action on the Calistoga Fairgrounds Statistically Valid Community Survey Including Survey Process and the Geographic Boundary for Survey Distribution
DESCRIPTION:
Discussion and Action on the Calistoga Fairgrounds Statistically Valid Community Survey Including Survey Process and the Geographic Boundary for Survey Distribution RECOMMENDATION:
Consider the Fairgrounds Advisory Committee Recommendation to Expand the Geographic Boundary for Survey Distribution to the School District Boundary and Via a Motion Provide Direction to Staff Regarding the Boundary of the Survey Distribution and/or Additional Steps in the Survey Process.
SUMMARY:
In January of this year the City Council approved an agreement for a statistically valid community survey to gather residential input to help shape policy direction, inform funding strategies, and guide long-range planning for the Fairgrounds property.
As part of the formation of Fairgrounds Citizens Advisory Committee (the "Committee"), the City Council adopted a workplan for the Committee that includes direction to "Assist in conducting comprehensive data collection and actively solicit community feedback regarding the usage of the Fairgrounds."
At the June 26 and July 31 Committee meetings, the committee members discussed and ultimately recommended on a 3-2 vote an expansion of the geographic boundaries for distribution of the survey to all those households within the Calistoga Joint Unified School District boundary instead of to those households solely within the city limits.
ANALYSIS:
As part of the City’s broader community engagement and planning efforts for the Calistoga Fairgrounds, the City Council authorized a statistically valid community survey on January 14, 2025.
The survey’s purpose is to gather meaningful resident input to help shape policy direction, inform funding strategies, and guide long-range planning for the Fairgrounds property.
At its inaugural meeting on June 26, 2025, and in alignment with the City Council-adopted work plan, the Fairgrounds Advisory Committee received an overview of the survey process and was invited to provide feedback on the survey topics. Staff clarified that the Committee would not review
or approve specific survey questions. As part of the June 26 discussion, the Committee also discussed the geographic boundaries for survey distribution which were planned to be the incorporated city limits.
The boundary discussion was placed on the agenda for the Committee’s July 31 meeting. Staff completed a report (attached) outlining three possible options with some additional variations within some options. Public comments were mixed. A motion to distribute the survey to the entire 94515 ZIP code failed. A second motion to recommend expanding the distribution to the Calistoga Joint Unified School District boundary passed on a 3-2 vote.
Committee members and the public who supported the broader boundary noted that it reflects the school service area and includes households active in community programs, youth activities, and the Fairgrounds. Others expressed concern that if residents are asked to vote in the future on some form of a tax to support the Fairgrounds then only city residents should determine the Fairgrounds future use.
As an additional step in the survey process, a representative from FM3, the firm contracted to conduct the survey, is scheduled to present at the Committee’s August 28 meeting. This presentation will outline the survey methodology, timeline, and distribution plan, and will give Committee members an opportunity to ask questions and offer final suggestions before the survey is finalized and distributed to the community.
FINANCIAL IMPACT:
The financial impact remains the same. The amount authorized on January 14, 2025 was $38,000 from Fund 10 Infrastructure, transferred to 70-5592-4402, Fairgrounds Contract Services.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
FG Committee Meeting SR
APPROVAL(S):
Rachel Stepp, Deputy City Manager Approved - Jul 08 2025 Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Aug 15 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Aug 15 2025
1 Yudiana Galvan
From: Domenico Tallerico
Sent: Sunday, August 17, 2025 2:36 PM
To: Public Comment
Subject: General Government 2.2
Dear honorable City Council,
I suggest the fairgrounds survey be focused on the City of Calistoga only. It was the residents that voted on matters involving the fairgrounds, not others. Much more importantly, it is the City that incurs the risks and costs both in the past and the future. To include others now dilutes the voice of Calistoga.
Moreover, the rationale for surveying beyond Calistoga logically applies beyond just the school district or, for that matter, the 94515 zip code. For example, could the logic not also apply to all of Napa County? In fact, such logic could be used for all adjacent counties as well as beyond (e.g., Calistoga Speedway fans, rodeo providers, 4h, and so on). Such a rationale is not fair to the residents of our fine city, considering they are the only ones incurring the risks and costs.
Kind regards,
Dom Tallerico
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Fairgrounds Special Meeting - Aug 19 2025 Subject: Fairgrounds Advisory Committee Meeting Time
DESCRIPTION:
Fairgrounds Advisory Committee Meeting Time
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The Fairgrounds Advisory Committee meetings were set for the fourth Thursday of each month at 3 p.m. based on a poll of the members after they were appointed. Prompted by public comment during the first Committee meeting when the Committee was asked to adopt their meeting schedule, the Committee is recommending changing the meeting time to 6 p.m. As this is inconsistent with other citizen advisory committees and has impact on staff and on cost, City Council approval is being sought.
ANALYSIS:
The Fairgrounds Advisory Committee (FAC) held its inaugural meeting on June 26, 2025. As part of its initial organizational activities, the Committee reviewed and discussed the schedule for its regular meetings. Following the discussion, and prompted by public comments, the Committee voted to change its meeting time from 3:00 PM to 6:00 PM, to allow for greater community participation.
This change would move the committee’s schedule to non-business hours, resulting in overtime expenses and potentially setting a precedent for other Council committees, which could lead to additional budget impacts and staffing challenges. In addition, providing secretarial staff for committees outside of regular business hours has been, and continues to be, a logistical challenge.
If the City Council adopts the resolution to modify the meeting time, staff will update the City’s website and public notification materials to reflect the change. Staff will also coordinate with Human Resources and the Finance Department to address any potential schedule adjustments or overtime needs.
FINANCIAL IMPACT:
Approximately three hours of overtime per non-salaried employee for eleven meetings per year.
Estimated minimum cost of $1400 per year. This is not budgeted and a mid-year adjustment will need to be made to Fund 70-5592-4301.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
Resolution - APPROVING A CHANGE TO THE REGULAR MEETING TIME OF THE
FAIRGROUNDS ADVISORY COMMITTEE
APPROVAL(S):
Rachel Stepp, Deputy City Manager Approved - Aug 07 2025 Connie Cardenas, Admin. Services Director Approved - Aug 08 2025 Laura Snideman, City of Calistoga | City Manager Approved - Aug 15 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Aug 15 2025
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, APPROVING A CHANGE TO THE REGULAR MEETING TIME OF THE FAIRGROUNDS ADVISORY COMMITTEE.
WHEREAS, the City of Calistoga established the Fairgrounds Advisory Committee to advise the City Council on matters related to the revitalization, planning, and use of the Calistoga Fairgrounds; and
WHEREAS, the Fairgrounds Advisory Committee held its inaugural meeting on June 26, 2025, during which the Committee reviewed its meeting schedule and discussed the start time for regular meetings; and
WHEREAS, the Committee voted to recommend changing its regular meeting time from 3:00 PM to 6:00 PM; and
WHEREAS, City staff recommends that the change in meeting time take effect beginning with the September 2025 meeting, as the August meeting coincides with Fairgrounds event preparations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calistoga as follows:
1. The regular meeting time of the Fairgrounds Advisory Committee shall be changed from 3:00 PM to 6:00 PM.
2. This change shall take effect beginning with the regularly scheduled September 2025 meeting.
3. City staff is directed to update the City’s website, meeting notices, and all other relevant public information to reflect the new meeting time.
PASSED, APPROVED, AND ADOPTED this 19th day of August 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
1 Yudiana Galvan
From: Domenico Tallerico
Sent: Sunday, August 17, 2025 2:56 PM
To: Public Comment
Subject: General Government 2.3
Dear Honorable City,
Incurring additional expense in the present fiscal climate for minimal, if any, benefit is unwise. Such expenditures may seem small, but when combined can become significant.
This, in turn, adversely impacts major projects or activities.
Adverse impact on staff should also be considered as it lengthens their day, which affects family situations.
Kind regards,
Dom Tallerico