Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, November 4, 2025 - 6:00 PM
1307 Washington St., Calistoga
Hybrid
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 85603437652
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 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/PLEDGE OF ALLEGIANCE AND OPTIONAL PATRIOTIC
ACTIVITY
2. REPORT FROM CLOSED SESSIONS
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests not on the agenda during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
3.1. Public Comment Unagendized (Page 4 - 5)
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Park and Recreation Department update for City Council.
Recommended Action: - Receive the Presentation
Staff Report - The Park and Recreation Departments Update - Pdf (Page 6 - 34)
6. CONSENT CALENDAR
6.1. Adoption of Consent Calendar
Recommended Action: To adopt consent calendar as presented / with the exception of
6.2. Authorizes the Interim City Manager to award a purchase order in the amount of $57,390.00 with T&S Intermodal Maintenance, Inc., and authorize a contingency of 10% for change orders not to exceed a total cost of $63,129.00, and authorizes the Public Works Director to negotiate and approve change orders as necessary to re-paint the exterior of the Police Department building.
Recommended Action: - Consider Adopting the Resolution
Staff Report - Painting the Exterior of the Police Department Building - Pdf (Page 35 - 40)
6.3. Authorizing the Interim City Manager to Execute a Maintenance and Funding Agreement with the Napa Valley Vine Trail Coalition for the section of Vine Trail within Calistoga.
Recommended Action: Consider Adopting a Resolution
Staff Report - Vine Trail Maintenance and Funding Agreement - Pdf (Page 41 - 51)
6.4. Consider Adopting a Resolution Confirming the Mayor's Appointments to the Active Transportation Advisory Committee (ATAC).
Recommended Action: - Consider Adopting the Resolution
Staff Report - Appointments to the Active Transportation Advisory Committee (ATAC) - Pdf (Page 52 - 72)
6.5. Consider adopting a Resolution Authorizing the City Manager to Enter into an Agreement with Ripe Productions, LLC for a Music Festival at the Calistoga Fairgrounds.
Recommended Action: Consider Adopting a Resolution
Staff Report - License Agreement with Ripe Productions LLC, for a multi-day music festival - Pdf (Page 73 - 108)
6.6. Consideration of a Resolution Accepting a Donation from the Boy/Cub Scouts of Calistoga.
Recommended Action: - Consider Adopting the Resolution
Staff Report - Consideration of a Resolution Accepting a Donation for a Memorial Bench - Pdf (Page 109 - 117)
7. PUBLIC HEARING
7.1. Consider ordinance #778 of the City of Calistoga amending Title 17 of the Calistoga Municipal Code to add Chapter 17.34 (Short-Term Rentals), and set the ordinance for adoption at the next regular City Council meeting.
Recommended Action: - Consider Approving the Ordinance Amendment Staff Report - Zoning Ordinance #778 Amending Title 17 of the Calistoga Municipal Code to Add Chapter 17.34 (Short-Term Rentals) and Update Related De - Pdf (Page 118 - 125)
7.2. Adoption of An Ordinance of the City Council of the City of Calistoga repealing Calistoga Municipal Code Chapters 15.01, General Provisions, 15.04, Administrative Code,
15.08, California Building Code, 15.12, California Residential Code, 15.16, California
Electrical Code, 15.20, California Mechanical Code, 15.24, California Plumbing Code,
15.28, California Energy Code, 15.32, California Historical Building Code, 15.36, California Fire Code, 15.38, California Wildland Urban Interface Code, 15.40, California Existing Building Code, 15.44, California Green Building Standards, 15.48, California Reference Standards of Title 15, Building Standards Codes; and adopting the 2025 California Building Standards Code, Title 24, as adopted by the California State Building Standards Commission, with local amendments.
Recommended Action: - Consider Approving the Ordinance Amendment Staff Report - 2025 California Building Standards Code Adoption - Pdf (Page 126 - 157)
8. GENERAL GOVERNMENT
8.1. Council Discussion of Establishing a Home Repair Program for Income Qualified Households.
Recommended Action: Discuss and provide direction to staff.
Staff Report - Discussion of Establishing a Home Repair Program for Income Qualified Households - Pdf (Page 158 - 160)
9. COUNCIL REPORTS
10. 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 October 28, 2025, by 4:30 p.m.
Yudiana Galvan, City Clerk
Public comment:
City council members,
I am writing to express concern about how the parking needs of the Four Seasons resort employees are negatively impacting residential neighborhoods in Calistoga.
The Four Seasons pays the city to let its employees park their cars on fairgrounds property. The resort operates two gas-powered vans to shuttle their employees from the fairgrounds to the resort.
These vans operate all day and night ceaselessly circling between the fairgrounds and the resort, sometimes without passengers. They are not on a schedule, like a bus. They just circle, looking for passengers at either end of their route—at the resort or at the fairgrounds.
They used to use Lake St. For a while during construction, they rerouted to use Money Ln. Then they returned to the Lake St. route. Now that there are speed bumps on Lake St., they are back to using Money Ln.—I suppose like me the drivers don’t like the speed bumps. They circle every 10-15 minutes.
On Sunday morning 11/2 I first noticed them at 6:34am—that may not have been their first circle. The Saturday before they represented 77% of the traffic on Money Ln.
Why is a for-profit, out-of-town corporation catering to other wealthy out-oftowners allowed to dominate street use in Calistoga, ceaselessly spewing pollution from internal combustion engines, availing themselves of the fairgrounds in what surely doesn’t qualify as an “historical use”? Or perhaps because of the races, driving vehicles in a circle qualifies as an historical use? Wasn’t the resort required to account for their parking needs when it applied for permits? If not, can we require them to do so now? Does it have on-site parking for their employees but just prefers to offload the traffic and pollution to the citizens of Calistoga? Is the money the city earns enough to make this heavy-handed presence worth it because it provides revenue? At least our own city shuttle only responds to actual needs and distributes itself across the entire city. These two resort vans speed in a tight circle past the same houses over and over, often without passengers. When I wrote this, there were three cars parked at the fairgrounds, so this shuttle service is not supporting some huge number of Four Seasons employees. But it runs anyway.
Other commercial traffic such as delivery vans is at least providing a service to residents.
Item #3.1.
I’ve complained to the city council and to city committees without any meaningful response. And while the Active Transportation Committee congratulates itself on its speed bump achievement, they don’t seem to notice how they just redirected the speeding vehicles from Lake St to Money Ln. I have no problem with Calistoga citizens avoiding Lake St to get around the speed bumps, since I’m going the same thing and we citizens aren’t driving in an endless circle. But I object to the way the Four Seasons is using our streets. I objected to it before the speed bumps, and I object to it now.
I wonder if there are members of the council who agree with me that we don’t need to subsidize the presence of the resorts by accepting endless speeding and polluting commercial gas-powered traffic on otherwise quiet residential streets, and that it is reasonable to ask the Four Seasons to reduce its footprint in our neighborhoods.
Deborah Testa
Item #3.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Erin Stroud, Recreation Manager
Meeting: City Council - Nov 04 2025
Subject: The Park and Recreation Departments Update
DESCRIPTION:
Park and Recreation Department update for City Council.
RECOMMENDATION:
Receive the Presentation
SUMMARY:
Staff has prepared a presentation (see enclosed) to present an overview of the department and breadth and depth of service.
FINANCIAL IMPACT:
None
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
Parks and Recreation Slide Deck 2025
APPROVAL(S):
Rachel Stepp, Deputy City Manager Approved - Oct 24 2025 Connie Cardenas, Admin. Services Director Approved - Oct 27 2025 Mitch Celaya, Interim City Manager Approved - Oct 27 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #5.1.
PARKS
AND
RECREATION DEPARTMENT
CITYOFCALISTOGA
Item #5.1.
RECREATION TEAM
Erin Stroud
Recreation Manager
September 2024
Danny brink
Recreation coordintor
August 2021
Monica rubio
Recreation coordintor
December 2023
Summer 2015
Item #5.1.
Calistoga Parks & Recreation Department strives to represent the best of our small-town community by bringing people together through programs, classes, and special events that support healthy lifestyles, create opportunities for connection, and make it easy for everyone to have FUN!
MISSION, VISION AND VALUES
OUR PURPOSE
We offer recreational opportunities for all ages, with an emphasis on programs for youth, families and older adults.
WHO WE SERVE
WHAT MAKES IT POSSIBLE
Because of the support of Calistoga residents and City
Council, most recreation programming is free for the
Calistoga community, reducing financial barriers and
expanding opportunities for participation.
We believe that partnerships with local
organizations strengthen our ability to serve the
Calistoga community, and we make it a priority
to build and maintain those connections.
USE OF RESOURCES
We take stewardship of public funds seriously,
managing them responsibly to benefit as many
Calistoga residents as possible.
HOW WE DO IT
OUR COMMITMENT TO CALISTOGA YOUTH
We’re proud to employ and mentor local youth,
taking seriously our role in providing first-job
opportunities that build skills, confidence, and
experience.
Item #5.1.
YOUTH SPORTS PROGRAMMING
YOUTH SOCCER
AUGUST - OCTOBER • 136 Participants
U6 (ages 4-5): Co-ed Team
U8 (ages 6-7): Boys Team & Girls Team
U10 (ages 8-9): Boys Team & Girls Team
U12 (ages 10-11): Boys Team & Girls Team
U14 (ages 12-13): Co-ed Team
YOUTH BASKETBALL
JANUARY - MARCH • 64 Participants
U6 (ages 4-5): Co-ed Teams
U12 (ages 10-11): Boys Team & Girls Team
YOUTH FUTSOL
NOVEMBER 2025
Boys and Girls (ages 9-12)
YOUTH VOLLEYBALL
YOUTH TENNIS
APRIL - MAY • 29 Participants
U11 (ages 8-10): Co-ed Team
U14(ages 11-13): Co-ed Team SPRING AND FALL • 30 Participants Boys and Girls (ages 7-12)
Item #5.1.
YOUTH CAMPS
ALL SORTS
ART CAMP OF SPORTS
JR LIFEGUARD CAMP
PLAY-WELL TEKNOLOGIES
YOUTH SOCCER
Boys and Girls (ages 4-6)
19 Participants
Boys and Girls (ages 7-12)
31 Participants
Boys and Girls (ages 9-14)
20 Participants
Boys and Girls (ages 8-12)
21 Participants
Boys and Girls (ages 7-11)
15 Participants
Item #5.1.
YOUTH SWIM LESSONS
Swim lessons are offered Monday
through Thursday in two-week sessions.
Morning and afternoon times are
available. Each class is 25 minutes long.
Child Lessons: Free for Res. | $50 for NR
Session Dates
Session 1 (June 16–26)
Session 2 (June 30–July 10)
Session 3 (July 14–24)
Session 4 (July 28–August 7)
SHRIMPAND LOBSTER
Parent participation in the
water required
3-5YEARS OLD
TURTLE
Can comfortably
float on front
and back
STARFISH
Beginner
swimmers who
are unsure of the
water
GUPPY
Can put face
under water
and can do
three bobs
OTTER
Very comfortable
in the water and
able to back
float with
assistance
PENGUIN
Able to combine
backstroke
arms and legs.
Held in the BIG
POOL
6-13YEARS OLD
TURTLE
Can comfortably
float on front
and back
SEAHORSE PENGUIN
Beginner
swimmers who
are unsure of the
water
SEAL
Basic front and
back crawl arm
stroke knowledge
RAY
Able to front and
back crawl five
stroke lengths
SWORDFISH
Able to front can
back crawl ten
stroke lengths with
rotary breathing
PORPOISE
Can swim 25 yards
of front crawl with
rotary breathing
and knowledge of
backstroke
6 MONTHS-2YEARS OLD
Able to combine
backstroke
arms and legs.
Held in the BIG
POOL
565 (UOS)
473 Residents
92 Non-Residents
UNITS OF SERVICE
Item #5.1.
CES SWIM LESSON PROGRAM
GRADE LEVELS: 1ST–5TH
CLASSROOMS: 3 PER GRADE
(15 TOTAL)
STUDENTS: 267
VOLUNTEERS: 5
CALISTOGA ELEMENTARY SCHOOL
Item #5.1.
ADULT SPORTS
FALL BOCCE LEAGUE
CO-ED SOFTBALL LEAGUE
SPRING/SUMMER
JUNE - AUGUST
BOCCE LEAGUE
5 Teams - 75 Players
AUGUST - OCTOBER
10 Teams - 61 players
MAY - JULY
Item #5.1.
SENIOR & ADULT PROGRAMMING
CRAFT LAB 50+
CHAIR FLEX AND FLOW
ZUMBA
COUNTRY LINE DANCING
Fridays at
10am
Mondays at 10am
Tuesdays and Thursdays at 10:30am
Every other Thursday at 10am
Item #5.1.
AQUATIC PROGRAMMING
AQUA AEROBICS
3502 (UOS)
3461 RESIDENTS
41 NON-RESIDENTS
LAP SWIM & REC SWIM
7843 (UOS)
ESTIMATE
Item #5.1.
COMMUNITY TRIPS
TEEN TRIP TO THE GIANTS GAME
July 9, 2025
35 participants
Rivers Marie Winery
COMMUNITY TRIP TO THE GIANTS GAME
May 16, 2025
17 participants
DeYoung Museum - 17 participants
Oakland Museum - 10 participants
Legion of Honor - November 19, 2025
SENIOR TRIPS
Item #5.1.
COLLABORATION & PARTNERSHIPS
STRONGER TOGETHER
CALISTOGA ART CENTER
CALISTOGA FIT
BOYS AND GIRLS CLUB
Craft Lab 50+
After School Art Lab Aqua Aerobics
Chair Flex and Flow
Zumba
Country Line Dancing
Youth Futsal Mini League
Basketball Opening Day
Annual Holiday Dinner
Teen Club Swim Night
Logvy Park Ribbon Cutting
CJUSD
Youth Basketball Program
Youth Volleyball Program
CES
CJUSD Soccer Teams
UPVALLEY FAMILY CENTER
CELEBRATE NAPA VALLEY
Harvest Fair
Holiday Village
Star Spangled Social
CHAMBER OF COMMERCE
Lighted Tractor Parade
Merry and Bright Night
Back to School
Lunch and Learn
Merry and Bright Night
BRANNAN CENTER
Dia de los Muertos
Merry and Bright Night
RIANDA HOUSE
Lunch and Learn
Item #5.1.
S
P
E
C
I
A
L
E
V
E
N
T
S
HALLOWEENPARADE&TRUNKORTREAT
WineCountryAnimalLovers
CalistogaRotary
HeartsandHandsPreschool
CalistogaBoys&GirlsClub
VillainsSkateshop
CalistogaArtCenter
PalmatumLandscapes
TheHauntedCar
CalistogaChamberofCommerce
CERTCalistoga
NapaCountyLibrary,CalistogaLibrary
PalisadesEatery
UpValleyFamilyCenters
SoroptimistInternationalofCalistoga
NativeSonsofGoldenWestCalistoga#86
OchsLabs
CalistogaFairgroundsandPublicWorksDepartment
SPONSORS
Item #5.1.
SPECIAL EVENTS
ANNUAL HOLIDAY DINNER
OVER 20 LOCAL SPONSORS
AND 20 COMMUNITY VOLUNTEERS
Item #5.1.
SPECIAL EVENTS
CHAMBER OF COMMERCE • UPVALLEY FAMILY CENTER • BRANNAN CENTER • CITY OF CALISTOGA Item #5.1.
Napa County Bicycle Coalition
Calistoga Rotary
Calistoga Fire Department
Calistoga Police Department
UPVALLEY Family Center
Napa Sheriff
Song For Charlie
NVTA • CHP
SAFETY DAY
SPECIAL EVENTS
Saturday, May 17
Item #5.1.
Saturday, April 19, 2025
Copperfield's Books Calistoga
275 participants
SPECIAL EVENTS
SPRING EGG HUNT
CITY WIDE
YARD SALE
TOY TRACTOR HUNT
Copperfield's Books Calistoga
Papa Lou’s
Calistoga Chamber of Commerce
Saturday, April 26, 2025
41 Homes participated
Item #5.1.
COLLABORATION & PARTNERSHIPS
LIGHTED TRACTOR PARADE - CHAMBER OF COMMERCE
Item #5.1.
COLLABORATION & PARTNERSHIPS
HARVEST FAIR
HOLIDAY VILLAGE
CELEBRATE NAPA VALLEY
Item #5.1.
COLLABORATION & PARTNERSHIPS
NATIONAL NIGHT OUT
STAR SPANGLED SOCIAL
August 5, 2025
July 4, 2025
CALISTOGA PD • CELEBRATE NAPA VALLEY
Item #5.1.
AQUATIC SPECIAL EVENTS
FLOATING PUMPKIN PATCH
Item #5.1.
AQUATIC SPECIAL EVENTS
FIESTA DE MAYO
TEEN NIGHT
ICE CREAM DAY
SPLASH AND PLAY LAWN GAME DAY
DIVING BOARD CONTEST
Item #5.1.
HIRING CALISTOGA YOUTH
RECREATION LEADERS
SWIM INSTRUCTORS
SPORTS COACHES AND
INSTRUCTORS
LIFEGUARDS
FRONT OFFICE STAFF
SPECIAL EVENT STAFF
45+
Item #5.1.
HIRING CALISTOGA YOUTH
CJUSD JOB EXPO
Item #5.1.
RECREATION GUIDES & COMMUNITY EMAILS
2025 Winter Recreation Guide • November 3
2026 Spring Recreation Guide • February 2
2026 Summer Recreation Guide • April 1
2026 Fall Recreation Guide • August 3
Community Emails go to Calistoga Residents who are
signed up in the Recreation Departments registration
software.
https://cityofcalistoga.perfectmind.com
Item #5.1.
PERMITS AND RENTALS
COMMUNITY CENTER & PARK RENTALS
39 SPECIAL EVENT PERMITS
Community Center - 138 rentals
Pioneer Park - 22 rentals
Logvy Park (Softball & Soccer Fields - 55 rentals
Pool Picnic Tables - 20 rentals
Item #5.1.
2026 DEPARTMENT GOALS
FAMILY COMMUNITY EVENTS
PROGRAM SPECIFIC CAMPS
FREE SENIOR SEMINARS
Item #5.1.
QUESTIONS, IDEAS, OR SUGGESTIONS? Item #5.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Nov 04 2025
Subject: Painting the Exterior of the Police Department Building DESCRIPTION:
Authorizes the Interim City Manager to award a purchase order in the amount of $57,390.00 with T&S Intermodal Maintenance, Inc., and authorize a contingency of 10% for change orders not to exceed a total cost of $63,129.00, and authorizes the Public Works Director to negotiate and approve change orders as necessary to re-paint the exterior of the Police Department building.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The city owns the building at 1235 Washington Street, where the current Police Department resides.
The building needs exterior re-painting to protect the City’s assets.
T&S Intermodal Maintenance, Inc. will be prepping all paintable surfaces, including the caulking of all small cracks, gaps, and holes, in the exterior, as needed. They will then apply one coat of stain blocking primer and two coats of eggshell exterior finish, followed by the painting of the window and door trims and match like existing colors.
Staff have reviewed the quote from T&S Intermodal Maintenance, Inc. and recommend that the City Council award a purchase order for T&S Intermodal Maintenance, Inc to complete the work.
FINANCIAL IMPACT:
The project was included in the FY 25/26 budget under Facility Maintenance (Account No. 01-5669- 4915). This account has $185,000 available, which the $63,129 cost falls well under.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
ATTACHMENT(S):
1. Draft Resolution
2. Bid for Scope of Work
APPROVAL(S):
Item #6.2.
Derek Rayner, Public Works Director/City Engineer Approved - Oct 22 2025 Connie Cardenas, Admin. Services Director Approved - Oct 24 2025 Mitch Celaya, Interim City Manager Approved - Oct 26 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #6.2.
RESOLUTION 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO AWARD A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $63,129 TO T&S INTERMODAL MAINTENANCE, INC. TO PAINT THE EXTERIOR OF THE POLICE DEPARTMENT BUILDING AT 1235 WASHINGTON STREET
WHEREAS, the City owns and maintains the building at 1235 Washington Street that is in need of exterior paint; and
WHEREAS, the existing paint on the building is faded and not providing the protection of the asset; and
WHEREAS, the project will consist of a full prep. Including caulking of all small cracks, gaps and holes of the exterior as needed, applying one coat of primer and two coats paint to the exterior of the building totaling aprox; 15,000 sq.ft; and WHEREAS, staff has reviewed the quote from T&S Intermodal Maintenance, Inc. for $57,390 and recommends that the City Council award the project to T&S Intermodal Maintenance, Inc. to complete the work; and
WHEREAS, per CEQA guidelines section 15301(b) this project is re-painting existing facilities with no expansion of use, and therefore is exempt from CEQA; and WHEREAS, the project was included in the FY 25/26 budget under Facility Maintenance (Account No. 01-5669-4915). This account has $185,000 available, which the $63,129 (includes a 10% contingency) cost falls well under.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the Interim City Manager to execute a purchase order up to an amount not to exceed $63,129 to T&S Intermodal Maintenance, Inc. to paint the exterior of the Police Department building.
2. Approves the Project construction budget in the amount of $63,129 that includes a contingency of 10% for change orders and authorizes the Public Works Director to negotiate and approve change orders, up to the approved construction budget amount.
3. Waives any informalities or irregularities in T&S Intermodal Maintenance, Inc. proposal.
Item #6.2.
PASSED, APPROVED AND ADOPTED this the 4th day of November, 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 #6.2.
T & S West
P O Box 1592 Linden, CA 95236 Office: (209) 942-1360 Fax: (209) 942-1368 Scope of Work
Project Description: City of Calistoga – Police Station Painting Date: October 1, 2025
Contractor: T & S West
T & S West (T & S) is pleased to submit a Detailed Scope of Work for the above referenced project.
Scope based per job walk on 09/03/25.
Base Bid Price : $57,390.00
Inclusions:
1. Exterior Full Preparations and Protection, Painting of the Building and Fascia Trim (approx. 15,000 SF):
a. Mask, Plastic, Drop Cloth off all non-paintable surfaces as needed for protection. b. Preparations: all paintable surfaces as caulking cracks/gaps, spackling any nail holes, etc. i. Crack fill stucco, as needed.
c. Primer coat, as needed, Spray 1 coat Exterior Stain Block type Primer. d. Spray and back roll 2 coats of Exterior Finish Eggshell e. Paint 9ea- window arch trims, 2ea- doors, 2ea- louvers, misc. Elec. conduit.
Clarifications:
1. This proposal is based on performing all work in one move in for all operations, during normal working hours 7am-5pm, Monday through Friday, unless otherwise stated above. We would be happy to discuss alternatives for scheduling if other requests are needed.
2. It is anticipated to have 3 weeks of work, dependent on crew size and availability.
3. Owner to provide staging area directly adjacent for work.
4. Owner is responsible for having work areas clear of all material, equipment, electronics, file cabinets, cubicles, furniture, appliances, fixtures, etc. prior to mobilization and during work.
5. Bid subject to buildings and work areas being clear and accessible to personnel, material, and equipment for the entire length of work.
ATTACHMENT 2Item #6.2.
T & S West
P O Box 1592 Linden, CA 95236 Office: (209) 942-1360 Fax: (209) 942-1368 Exclusions:
1. All Signage
2. Encountering unknown conditions, conflicts, etc. Additional work shall be compensated at the labor time it takes for unknown condition repairs, plus material costs.
3. Building Design, Engineering, and Permitting
4. Temporary utilities (heat, power, water, lights).
5. This proposal specifically excludes: shop drawings; LEED certification; engineering or architectural services; as-built plans; engineered survey; all permits and fees; inspection fees; costs for testing, handling and/or removing any hazardous/contaminated materials; SWPP Plans, monitoring, or installation.
6. Items of work not specifically mentioned above and in proposal.
Travis Collins
Vice President
T & S West
209-938-8419 Cell
[email protected]
Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. I understand and agree to the terms and conditions on the following page(s) of this proposal.
Authorized Owner Signature ______________________________________ Date ______________________________________
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Nov 04 2025
Subject: Vine Trail Maintenance and Funding Agreement
DESCRIPTION:
Consider adopting a Resolution
RECOMMENDATION:
Authorizing the Interim City Manager to Execute a Maintenance and Funding Agreement with the Napa Valley Vine Trail Coalition for the section of Vine Trail within Calistoga.
SUMMARY:
The Vine Trail is a shared use path that upon completion will consist of approximately 47 miles of walking and biking trail bisecting Napa Valley from Calistoga to Vallejo. Calistoga's section which is mostly built consists of a 2.6-mile section of CITY property or easement between Dunaweal Lane and the intersection of Lincoln Ave/Silverado Trail - see Exhibit A in Attachment 2. The Vine Trail also includes trail elements that provide safety, comfort, and wayfinding in the City of Calistoga, including a shelter, educational sign, and digital gateway at Lincoln Ave and Calistoga Depot.
The Parties (Napa Valley Vine Trail Coalition; NVVTC and Calistoga) recognize the economic, recreational, and transportation value of the Napa Valley Vine Trail. The Parties also acknowledge the importance of the quality of the maintenance of the Vine Trail for public safety, enjoyment, and to reflect the “world quality” of Napa Valley; The CITY possesses the necessary maintenance equipment, tools, and other supplies and qualified employees or agents needed to perform routine cleaning and maintenance of the Vine Trail.
NVVTC will contribute an annual amount “per mile” up to 50% of (not to exceed $7,000 per mile) CITY’s actual direct costs, exclusive of indirect burden or other charges, incurred in performance of the Maintenance Activities (the “Annual Funding Amount” at $14,000 per mile in 2025-26).
The annual funding amount will be adjusted at the end of each fiscal year according to the percentage increase or decrease of the Bureau of Labor Statistics, Consumer Price Index‐U for the San Francisco Bay Area for the preceding calendar year (using the CPI annual data as reported in February of the current year).
FINANCIAL IMPACT:
The anticipated maintenance cost is $36,400 annually with NVVTC funding 50% of this, or $18,200 annually. These costs will be funded equally between Parks and Streets salaries (01-4122-4301 & 01-4123-4301) or contract services, if necessary (01-4123-4402 & 01-4122-4402).
Item #6.3.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
ATTACHMENT(S):
1. Draft Resolutions
2. Vine Trail Maintenance and Funding Agreement
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Oct 21 2025 Connie Cardenas, Admin. Services Director Approved - Oct 21 2025 Mitch Celaya, Interim City Manager Approved - Oct 26 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #6.3.
RESOLUTION NO. 2025-XXX
ADOPTED XXXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE A MAINTENANCE AND FUNDING AGREEMENT WITH THE NAPA
VALLEY VINE TRAIL COALITION
WHEREAS, the Napa Valley Vine Trail (hereinafter “Vine Trail”) is a shared use path that upon completion will consist of approximately forty-seven (47) miles walking and biking trail bisecting Napa Valley, from the City of Vallejo to the City of Calistoga; and
WHEREAS, the CITY owns or has easements over certain real property between Dunaweal Lane and the intersection of Silverado Trail, together consisting of 2.6 miles of the Vine Trail in the location identified as the “CITY Section” in Exhibit A (the CITY Section”); and
WHEREAS, the Parties recognize the economic, recreational and transportation value of the Napa Valley Vine Trail. The Parties also recognize the importance of the quality of the maintenance of the Vine Trail for public safety and enjoyment; and WHEREAS, the Vine Trail Coalition has requested permission from the city to allow them to use an existing parking area on Gerard Street near the Calistoga Depot for the purpose of constructing, installing and maintaining one of its "signature" rest stations and along Lincoln Ave near the NVTA bus stop for the Calistoga Digital Gateway; and
WHEREAS, CITY and NVVTC desire that the CITY undertake Routine Maintenance (defined in Section 3 below) along the CITY Section; and WHEREAS, the CITY or its contractor possesses the necessary maintenance equipment, tools, and other supplies and qualified employees or agents needed to perform routine cleaning and maintenance on the CITY Section of the Vine Trail; and WHEREAS, in exchange for the CITY performing Routine Maintenance on the CITY Section of the Vine Trail, NVVTC shall pay the CITY fifty percent (50%) of the CITY’s annual costs of such Routine Maintenance, as described in Section 4 of this Agreement, and otherwise on the terms and subject to the conditions set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorize the Interim City Manager to make any minor, non-substantive modifications as necessary, and sign and execute the Maintenance and Funding Agreement and any related documents, with Napa Valley Vine Trail Coalition on behalf of the City of Calistoga.
Item #6.3.
Resolution No. 2025-XXX
PASSED, APPROVED AND ADOPTED this 4
th day of November 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 #6.3.
4915-5096-4071 v3
VINE TRAIL MAINTENANCE AND FUNDING AGREEMENT
CITY OF CALISTOGA AGREEMENT NO. ________
This Trail Maintenance and Funding Agreement (“Agreement”) is entered into as of , 20XX (the "Effective Date") by and between the City of Calistoga, a political subdivision on the State of California (hereinafter “CITY”) and the Napa Valley Vine Trail Coalition, a California non-profit corporation (hereinafter "NVVTC"), and collectively referred to as the “Parties” WHEREAS, the Napa Valley Vine Trail (hereinafter “Vine Trail”) is a shared use path that upon completion will consist of approximately forty-seven (47) miles walking and biking trail bisecting Napa Valley, from the City of Vallejo to the City of Calistoga; and
WHEREAS, the CITY owns or has easements over certain real property between Dunaweal Lane and the intersection of Silverado Trail, together consisting of 2.6 miles of the Vine Trail in the location identified as the “CITY Section” in Exhibit A (the CITY Section”); and WHEREAS, the Parties recognize the economic, recreational and transportation value of the Napa Valley Vine Trail. The Parties also recognize the importance of the quality of the maintenance of the Vine Trail for public safety and enjoyment; and
WHEREAS, The Vine Trail Coalition has requested permission from the City to allow them to use an existing parking area on Gerard Street near the Calistoga Depot for the purpose of constructing, installing and maintaining one of its "signature" rest stations and along Lincoln Ave near the NVTA bus stop for the Calistoga Digital Gateway.
WHEREAS, CITY and NVVTC desire that the CITY undertake Routine Maintenance (defined in Section 3 below) along the CITY Section; and
WHEREAS, the CITY or its contractor possesses the necessary maintenance equipment, tools, and other supplies and qualified employees or agents needed to perform routine cleaning and maintenance on the CITY Section of the Vine Trail; and
WHEREAS, in exchange for the CITY performing the Routine Maintenance on the CITY Section of the Vine Trail, NVVTC shall pay the CITY fifty percent (50%) of the CITY’s annual costs of such Routine Maintenance, as described in Section 4 of this Agreement, and otherwise on the terms and subject to the conditions set forth below.
AGREEMENT
NOW, THEREFORE, the CITY and NVVTC agree as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement as though set forth in full herein.
2. Term. The initial term of this Agreement commences on the Effective Date and, unless terminated earlier in accordance with Section 10, will expire five years from the Effective Date. The term will automatically renew for successive one-year terms coinciding with each fiscal year thereafter (each such term, a "Renewal Term" and together with the initial term, the "Term") on the terms and conditions then in effect unless either party gives the other written notice of non-renewal no less than ninety (90) days prior to the end of the then-current Renewal Term. For purposes of this Agreement, "fiscal year" refers to the time period commencing each July 1 and ending June 30 of the following year.
3. Routine Maintenance Activities. During the Term, the CITY will be responsible for routine maintenance along the CITY Section of the Vine Trail as depicted in Exhibit A and will perform or cause to be performed those sweeping, cleaning, and other routine maintenance services described in the Scope of Services attached hereto as Exhibit B (the "Maintenance Activities"). and is contingent on the appropriation ATTACHMENT 2 Item #6.3.
4915-5096-4071 v3
of funds sufficient for such purpose by the City Council of the City of Calistoga . If in any fiscal year such funds are not appropriate or insufficient funds are appropriated, the CITY shall be relieved of any and all maintenance obligations required hereunder. The Maintenance Activities shall be performed on an ‘as-is’ basis, meaning the CITY does not guarantee any particular condition or outcome of such activities, and shall be provided at such frequency and in such manner as the CITY, in its reasonable discretion and subject to available funding, deems appropriate. The CITY makes no warranty, express or implied, with respect to the Maintenance Activities.”
4. Maintenance Contribution. NVVTC has agreed to contribute funds on an annual basis to cover 50% of the CITY’s actual costs for maintaining the CITY Section of the Vine Trail, which costs are estimated, as of the Effective Date, to be $14,000 per mile. NVVTC will contribute the Annual Funding Amount, defined in Section 4.1 below, in the manner and as adjusted pursuant to Sections 4.1, 4.2, 4.3, and 4.4 below. The funding rates payment obligation are as follows:
4.1 Annual Amount. NVVTC will contribute an annual amount “per mile” up to 50% of (not to exceed $7,000 per mile) of the CITY’s actual direct costs, exclusive of indirect burden or other charges, incurred in performance of the Maintenance Activities (the “Annual Funding Amount”). This Annual Funding Amount will be adjusted annually pursuant to Section 4.2. In the event that the CITY does not have appropriate funds for the CITY’s share of maintenance in any fiscal year, NVVTC shall not be obligated to contribute its proportionate share of the Annual Amount for that year.
4.2 Annual Adjustment. The annual funding amount will be adjusted at the end of each fiscal year according to the percentage increase or decrease of the Bureau of Labor Statistics, Consumer Pricing Index‐U for the San Francisco Bay Area for the preceding calendar year (using the CPI annual data as reported February of the current year). The proposed adjustment for the following fiscal year shall be presented by NVVTC to CITY on or before the 1st of April of each year for its consent, which consent shall not be unreasonably withheld.
4.3 Payment. NVVTC’s payment obligations in this Section 4 will be payable annually due at the end of each fiscal year. on or before the last day of the last CITY fiscal quarter of each fiscal year occurring during the Term
4.4 Invoicing. The CITY shall prepare an annual invoice including a short description of the Maintenance Activities performed during that fiscal year and shall provide to NVVTC at the end of the fiscal year, for payment in accordance with Section 4.2 above. CITY’s invoice will also include a summary of actual costs incurred by CITY in performing the Maintenance Activities for the preceding year.
5 “Adopt a Section”. The Parties agree that the NVVTC shall solicit sponsorships for the maintenance of the Vine Trail through an “Adopt a Trail” program. The Program proceeds will be collected by NVVTC. NVVTC will be entitled to retain 12% of such proceeds to cover its costs of administering the Program and to fund its ongoing efforts to solicit Adopt-a-Trail donors. The balance of such proceeds that are collected and attributable to portions of the CITY Section that have been sponsored under the Program will be shared equally between NVVTC and the CITY to offset the maintenance costs of the CITY Section of the Vine Trail. Within 15 days from the end of each fiscal year during the Term, NVVTC will pay the CITY its respective share of Program proceeds collected with respect to the CITY Section. 6 Vine Trail improvements. The NVVTC constructed a Vine Trail Shelter with tools, bike racks, bench, maps and other visitor serving facilities on property owned by the CITY as part of the construction project completed August 2024. The CITY and NVVTC desire to install mile posts along the CITY properties for purposes of informing trail users of mileage and wayfinding within the City of Calistoga.
The NVVTC will provide an interpretive sign, and install the sign near Gerard Street, at the Vine Trail shelter.
NVVTC will provide and install a digital gateway kiosk (as shown in Exhibit B), at the trailhead on Lincoln Ave.
These improvements shall be maintained by the CITY.
Item #6.3.
4915-5096-4071 v3
7 Activities Other Than Routine Maintenance. Should repairs, replacements or reconstruction of the Vine Trail along the City Section or its appurtenant structures, signage, etc. be needed, during the term, provided such activity is over and above maintenance that could reasonably be considered routine, the Parties shall meet and confer to resolve such issues and shall address such work and the Parties’ respective responsibilities for the cost of such work in writing in accordance with Section 18. This Agreement does not commit the Parties to expending additional funds beyond those described in Section 4. 8 Equipment. The CITY or its contractor will use its own equipment, tools, cleaning supplies, and personnel as necessary or desirable to perform the Maintenance Activities in accordance with the terms of this Agreement.
9 Insurance. CITY is self-insured under the State of California Government Code Section 990.4. The City will issue a Certificate of Coverage confirming self-insurance and any excess insurance programs for the following coverages:
(i) Workers’ compensation benefits and coverage in amounts no less than required by law (State Compensation Insurance Fund shall be acceptable) for qualified CITY employees operating the equipment.
(ii) Comprehensive commercial general liability coverage in the minimum amount of $1,000,000 per occurrence and $2,000,000 general aggregate, including but not limited to coverage for bodily injury and property damage; and (iii) Vehicle/Automobile liability insurance coverage for the Equipment in the minimum amount of $1,000,000 per occurrence and $2,000,000 general aggregate, for bodily injury and property damage.
In the event CITY hires a contractor to perform the Maintenance Activities, CITY will require the contractor to procure and maintain the above listed insurance coverages. 10 Termination. This Agreement may be terminated at any time by the parties' mutual agreement in writing by either party upon 60 days’ written notice from one party to the other. NVVTC shall be responsible for contributing its share of Maintenance Activities for all work performed by City or its Contractor up to the date of termination. In the event that a party materially breaches the terms of this Agreement, the non-breaching party may terminate the Agreement upon thirty (30) days written notice setting forth the nature of the alleged breach, unless the breach is cured within that period or reasonable efforts commenced to cure for breaches that cannot be cured within that thirty (30) day period, whereupon, in either case, this Agreement will not terminate at the end of such period. 11 No Waiver. No waiver by either party of a breach or violation of this Agreement or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, violation, right, or remedy; nor will the waiver of any breach, violation, right, or remedy be deemed a waiver of any other breach, violation, right, or remedy, failure, right, or remedy, whether similar or not similar, nor will any waiver constitute a continuing waiver unless specified in writing.
12 Notices. All notices required or authorized by this Agreement shall be in writing and delivered in person or by deposit in the United States mail, sent by certified mail, postage prepaid, return receipt requested, at the address for the receiving party set forth below. Either party may change its address by notifying the other party of the change of address in accordance with this Section 10. Any notice sent by mail in the manner prescribed herein will be deemed to have been received on the date noted on the return receipt or three (3) days following the date of deposit, whichever is earlier.
CITY OF CALISTOGA NVVTC
Mitchell J. Celaya, III, Interim City Mgr
1232 Washington Street
Calistoga, 95415 CA
Shawn C. White, Executive Director
3299 Claremont Way #5 | Napa, CA 9455
Item #6.3.
4915-5096-4071 v3
13 Indemnification & Hold Harmless. To the fullest extent permitted by law, NVVTC and the CITY will each defend, indemnify, and hold each other and their respective officers, agents, and employees harmless from any claims, suits, proceedings, losses, or liabilities, including reasonable attorneys' fees, (collectively “Claims and Losses”) for personal injury (including death) or property damage arising out of or connected with the acts or omissions of the indemnifying party or any of its officers, agents, employees, volunteers, or other contractors or subcontractors in the performance of the indemnifying party's obligations under this Agreement, except to the extent such Claims and Losses are caused by the breach of the indemnified party’s obligations under this Agreement or the negligence or willful misconduct of the indemnified party or that of its employees or agents. Each party will notify the other party promptly in writing of any Claims and Losses subject to this Section 13 and the parties will cooperate with each other in the investigation and disposition of any claim arising under this Section 13; provided that nothing in this Agreement will require either party to disclose any documents, records, or communications that are protected under attorney-client privilege, litigation privilege, or the attorney work product doctrine. 14 Attorneys' Fees. In the event that either party commences legal action of any kind or character to enforce the provisions of this Agreement or obtain damages for breach thereof, the prevailing party in such action will be entitled to an award of its costs and reasonable attorneys' fees incurred in connection with such action.
15 No Third Party Beneficiaries. Nothing in this Agreement will be construed to create any rights in third parties and the parties do not intend to create such rights. 16 Authority to Contract. The CITY and NVVTC warrant that they are legally permitted to and otherwise have the authority to enter into and perform their respective obligations under this Agreement. 17 Relationship of the Parties. The relationship between the CITY and NVVTC is solely that of independent contractors, and none of the parties shall be construed to be a partner, joint ventures, employee, agent, representative, or participant of the other party for any purpose. None of the parties shall have any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party or to bind the other party in any manner. 18 Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in a writing signed by all three parties. 19 Interpretation; Governing Law; Venue. This Agreement will be governed by and interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to the Agreement's purpose. Venue for any legal action filed by either party for the purpose of interpreting or enforcing any provision hereof will be in the Superior Court of California, County of Napa, for state court actions, or the Northern District of California for federal court actions.
20 Severability. If any term, provision, covenant, condition, or restriction of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated.
21 Invalidity. Should any provision in this Agreement be deemed invalid or unenforceable, the remainder of the Agreement will not be affected and each term and condition in this Agreement will be valid and enforceable to the extent permitted by law.
22 Entire Agreement. This Agreement contains the entire agreement among the parties relating to the rights granted and the obligations assumed hereunder. Any oral representations or modifications concerning this Agreement are of no force and effect except as documented in a subsequent Item #6.3.
4915-5096-4071 v3
modification in writing, signed by the party to be charged. 23 Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties, their respective heirs, executors, successors-in-interest, and assigns. 24 No Assignment. None of the parties may assign its rights or obligations under this Agreement without the express prior written consent of the other party, which consent will not be unreasonably withheld if the prospective assignee agrees in writing to assume the assigning party’s obligations under this Agreement in full.
IN WITNESS WHEREOF, this Agreement was executed by the parties hereto as of the Effective Date NVVTC:
a California non-profit corporation
(Signature)
Shawn C. White, Executive Director
CITY of CALISTOGA (a political subdivision of the
State of California
By:
(Signature)
Mitchell J. Celaya, III
Interim City Manager
APPROVED AS TO
FORM
City Attorney
APPROVED BY THE CITY
COUNCIL, City of Calistoga
Date:
By:
Date:
Processed By:
City Clerk
Item #6.3.
4915-5096-4071 v2
EXHIBIT A
TRAIL MAP 1
Item #6.3.
4915-5096-4071 v2
EXHIBIT B
MAINTENANCE ACTIVITIES
Services may be performed Monday – Sunday, between the hours of 5:00am to 3:00 pm. Small motorized utility vehicles and street/parking lot sweeping equipment are allowed. Vehicle speed is limited to 15 mph; operating must use hazard lights, must yield to trail users at all times, and must pull off trail to perform stationary work.
Use of any pesticides, herbicides, or fertilizers will be performed only by State Qualified applicators in accordance with the City of Calistoga regulations and an annual use permit as issued by the Napa County Agricultural Commissioner’s Office.
All routine maintenance activities to be performed on any portion of the Vine Trail situated anywhere within the City of Calistoga as outlined in Exhibit B, as those sections are opened to the public.
ROUTINE MAINTENANCE SERVICES
Description Frequency
• Dispose of trash, recycling, and pet waste from collection containers; supply replacement liners and/or plastic bags for litter, recycling, and pet waste collection containers. Weekly and as needed
• Inspect the Vine Trail and report and remedy any hazards or safety concerns. Twice Weekly
• Pick up and dispose of litter and debris on the trail Monthly or as Needed • Sweep, vacuum or blow trail surface and remove and dispose of accumulated leaves, sediment, or other debris and litter → Cleaning equipment must not leave an accumulation of debris on the side of the trail.
Monthly or as Needed
• Trim/mow grasses and weeds and prune shrubs adjacent to the Vine Trail to keep trail surface clear.
→ Grass and weeds within ten (10’) feet of either side of the trail or to the width of the trail easement whichever is widest, to be trimmed to four inches (3”) or shorter
→ Grass Trimmings may be left in place to mulch; other trimmings shall be removed and disposed of.
Monthly or as
needed
• Water trees planted as part of the Vine Trail project adjacent to the Vine Trail Revisit need for watering annually until established.
Twice Monthly
December 2025
Through December
2027
• Pressure wash rest areas and shelter(s). Clean mile markers, trail rules and interpretive signs Bi-Annually
• Remove, clean or paint over graffiti on or within 10’ of the Vine Trail. Or within the easement area. To include trail surface, signage and amenities (excludes public art)
Within 72 hours of
occurrence
• Repair and maintain irrigation equipment if installed as part of project As Needed Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Nov 04 2025
Subject: Appointments to the Active Transportation Advisory Committee (ATAC) DESCRIPTION:
Consider Adopting a Resolution Confirming the Mayor's Appointments to the Active Transportation Advisory Committee (ATAC).
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
Pursuant to Government Code § 40605, the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees.
There are three terms coming to an end on 12/31/2025. Mayor Williams wishes to appoint Aaron Heth (incumbent), Susan Schmiderer (incumbent,) and Kelly Coudert to serve two-year terms on the Active Transportation Advisory Committee. Additionally, Kelly Coudert will be able to attend the last two meetings of 2025 due to the current vacancy.
FINANCIAL IMPACT:
None
CEQA STATUS:
This item is exempt.
ATTACHMENT(S):
Draft Resolution for ATAC Appointments (1)
ATAC APPS REDACTED
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Oct 24 2025 Mitch Celaya, Interim City Manager Approved - Oct 27 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #6.4.
RESOLUTION NO. 2025–XX
ADOPTED NOVEMBER 4, 2025
RESOLUTION OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA CONFIRMING THE MAYOR’S APPOINTMENTS TO THE ACTIVE
TRANSPORTATION ADVISORY COMMITTEE (ATAC)
WHEREAS, California Government Code Section 65300 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, the State of California has adopted the “Maddy Appointive List Act”, which requires the preparation of a list of all regular and ongoing commissions and committees appointed by the local legislative body. The Act also requires public notice to be given anytime a vacancy occurs on any of these ongoing bodies; and
WHEREAS, the City Council wishes to utilize the largely untapped reservoir of talent which exists among the citizenry; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of Aaron Heth, Susan Schmiderer and Kelly Coudert to serve on the Active Transportation Advisory Committee for 2-year term ending on 12/31/27.
Additionally, Kelly Coudert will be able to attend the last two meetings of 2025 as a voting member, due to the current vacancy.
PASSED, APPROVED AND ADOPTED this 4th day of November 2025. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.
9 Boards and Commissions Application
CITY OF CALISTOGA
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled withthe City Council.Commissionappointments are made at a regular Appl. (. .310 meeting of the City Council.Ica lOl'l | l’ 2 1"CityActiveTransportation
ElCommittee City Green Committee
I: City Housing Advisory Committee
I: City Planning Commission
|:| Napa County ActiveTransportation Committee
I] Napa County MosquitoAbatement Board
|:| Napa County Library Commission
El Calistoga Fairgrounds Committee Other:
Name; Coudert Kelly B
Last First MI.
. Business owner&Calistoga Chamber
Occupation:
— Yes 51 Are you a resident of the City of Calistoga? Years of Residency:
Ifnot.do you reside within the Callstoga Joint Uni?edSchool District? List any other boards or commissions on which you have or currently serve and the years of service:
Napa County Feiwoundt.Bonn! 2 years, Mediating Committee Calllicgl Chamber.2 years. Keep Callstoga Small Committee, 2 years BS, CSU, Chico Education and/or related background:
Licenses or special certi?cates held:
List any Organizations you belong to (professional, community, services etc.): I am a volunteer for the Napa Valley Vine Trail
Item #6.4.
State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
I have a desire to see bike &pedestrian safety more ?rmly instilled in the community, including working with the resorts to help educate visitors.
References (include name and daytime phone number. (“ChrisCannlng (2)Bili Shaw
I am willing to share my personal email address and phone number withthe public during my appointment on the Board or Committee: Yes D No
Disclosure and Regulatom Rgulrements
Within 30 days of appointment, all members willbe required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide informationto the public about a member's personal ?nancial interests to ensure all member contributionsto the committee are in the best interest of the community and serve as a reminder of potential con?icts of Interest.NI members willalso be requiredto take 2 hours OMB 1234 Ethics Training and BrownAct Training every 2 years.
Please Initialto indicate you understand the requirements ifappointed:
KBC I understand and willful?llthe Statement of Economic Interest requirement in a timely manner. I KBC understand and willful?llthe AB 1234 Ethics Training requirement in a timely manner.
KT Iunderstand and willful?llBrownActTraining requirement in a timely manner. @— I understand that failure to ful?llthese requirements may resuttIn being removed.
I have suf?cient time to devote tot his responsibility and plan to attend the required meetings ifI am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements.
9/30/2025
ApplicantSignature Date
Completed appticalions should be submitted to the CityClerk — 1232 Washington Street, Calistoga CA 94515 or by email to [email protected] — Questions to 707-942-2807 Item #6.4.
CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular , . . meeting of the City Council,
Application Is for:
7' City Active Transportation
Napa CountyActive Transportation Committee
Committee City Green Committee
Napa County Mosquito Abatement Board
City Housing Advisory Committee
Napa County Library Commission
City Planning Commission
Calistoga Fairgrounds Committee Other:
Name: PEI CESA‘LE j—UW_‘>ABLO
Last First MI.
Occupation: COAgd I
a June Jar
Are you a resident of the City of Calistoga? Y3: Years of Residency: 3 If not, do you reside within the Calistoga Joint Unified School District? List any other boards or commissions on which you have or currently serve and the years of service:
M
Education and/or related background: [Piano , 9.; >sz~é llp?ngcNo‘m H-‘L Licenses or special certi?cates held: No N: All;tat;a LLa, List any Organizations you belong to (professional, community, services etc): go (is Item #6.4.
State speci?cally why you wish to serve, why you believe you are qualified for the position and what you may contribute to he group:
53‘035'm )Hvdmé A3153: ?ak 44:1
References (include name and daytime phone number. (1) Emma Trade“):
(2) Igrgmk ?ag“:
I am willing to share my personal email address and phone number with the public during my appointmenton the Board or Committee: ers No
Disclosure and Regulatogy Requirements
IMthin 30 days of appointment, all members will be required to file an Assuming Oifice Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide information to the public about a member‘s personal ?nancial interests to ensure all member contributions to the committee are in the best interestofthe community and serve as a reminder of potential conflicts of interest Allmembers willalso be required to take 2 hours of AB 1234 Ethics Training and Brown Act Training every 2 years.
Please initialto indicate you understand the requirements if appointed:
I?» c, I understand and willfulfill the Statement of Economic Interest requirement in a timely manner I SPDQ understand and willful?lltheAB 1234 Ethics Training requirement in a timely manner j'P‘Dr. I understand and willful?ll BrownAct Training requirement in a timely manner.
TI?D c I understand that failure to fulfillthese requirements may resultin being removed.
I have suf?cient time to devote tot his responsibility and plan to attend the required meetings if I am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements
to ' °I - 7.926
Applicant Signature Date
Completed applications should be submitted to the City Clerk — 1232 Washington Street, Calistoga CA 94515 or by email toygalvachaIIstggacago — Questions to 707-942-2807 Item #6.4.
Note #1 Education Background
I am a former professional tennis player (ATP 657) and Division I athlete at Ole Miss, with an MAin Comparative Literature and PhD coursework completed at the University of Washington I have coached young athletes across three continents and developed youth programs in San Francisco, Amsterdam and now in Calistoga, combining global experience with local community engagement, This background equips me to bring both practical insight and a collaborative perspective to the Commission.
Note #2 Statement
I wish to serve on the Active Transportation Commission because I am committed to building a safer, healthier, and more connected Calistoga. As a parent of three young children, with my oldestjust six, I experience daily what it means to walk, bike, and drive to school and work in our community. Through my work developing youth sports and education programs, I have seen how thoughtful planning around walking, biking, and shared spaces strengthens families and community life. My background in community engagement, program design, and civic involvement equips me to contribute practical ideas and collaborative energy. Iwould bring a perspective grounded in both policy and lived experience, advocating for safe routes, sustainable choices, and transportation solutions that re?ect Calistoga’s values.
Item #6.4.
CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications willbe reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular _ _ _ meeting of the City Council.
Application IS for :
I/ City Active Transportation _
_ Napa County Active Transportation Committee
Committee City Green Committee
Napa County Mosquito Abatement Board ICity Housing Advisory Committee Napa County Library Commission
City Planning Commission
:I Calistoga Fairgrounds Committee Other:
Name; Heth Aaron D
I act First M I
Business Address:
— Occupation:
Student
- . . Yes . Are you a reSIdent of the City of Calistoga? Years of ReSIdency:
If not, do you reside within the Calistoga Joint Unified School District? List any other boards or commissions on which you have or currently serve and the years of service:
Calixlaga Acme "amputation Advisory Commune {Jammy zen—mum), Napa Valley Yimuporimm Aumnns, Adm: mmmwnmm Committee (May z?szrexenn Santa Rosa Junior College - Political Science (2024-2025), Education and/or related background:
University of California, Davis - Political Science (2025-Present) Licenses or special certificates held:
Santa Rosa Junior
List any Organizations you belong to (professional, community, services etc.):
College Rotaract, UC Davis Rotaract
Item #6.4.
State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
Please see attachment
A t‘ tt M ‘II‘ d
References (include name and daytime phone number: (1)
n cine e an Iar
(2)8eanBirge
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: No
Disclosure and Regulatory Requirements
Within 30 days of appointment, all members willbe required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide information to the public about a member's personal ?nancial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential con?icts of interest. Allmembers willalso be required to take 2 hours ofAB 1234 Ethics Training and Brown Act Training every 2 years.
Please initialto indicate you understand the requirements if appointed:
I understand and willfulfillthe Statement of Economic Interest requirement in a timely manner. I understand and will ful?llthe AB 1234 Ethics Training requirement in a timely manner.
I understand and willfulfillBrown Act Training requirement in a timely manner.
I understand that failure to ful?ll these requirements may result in being removed.
I have suf?cient time to devote tot his responsibility and plan to attend the required meetings ifI am appointed and I acknowledge that l have read and understand the disclosure and regulatory requirements.
WWW“ 9/26/2025
Applicant Signature Date
Completed applications should be submitted to the City Clerk — 1232 Washington Street, Calistoga CA 94515 or by email to [email protected] — Questions to 707-942-2807 Item #6.4.
Item #6.4.
26 September 2025
committee. The majority of these projects are still incomplete and require the knowledge of the process and interest that I (and Susan) have expressed.
I have been glad to serve the City, and do believe that l have more to offer. Our work is never done and it is my foremost goal to be a tool for the City Council. My work on ATAC, in fact, has been a large part of what inspired my path in my collegiate education.
I attended Santa Rosa Junior College during the past year and am now attending UC Davis to study PoliticalScience, after which I plan to attend law school. Sewing on a public body has made me realize the ful?llment that can be received from public service as well as the joy in doing something beneficial for my community. Altogether, I am prepared to continue in my ability to ful?llthe obligations of the of?ce and look forward to it.
Thank you again for considering my application,
Aaron Heth
Item #6.4.
CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applicationswill be reviewed and interviews may be scheduled with the City Council‘ Commission appointments are made at a regular meeting of the City Council.
Application is for:
J ,
CommitteeCity Green Committee
City Housing Advisory Committee
City Planning Commission
Napa County Active Transportation Committee
Napa County MosquitoAbatement Board
Napa County Library Commission
Calistoga Fairgrounds Committee Other:
Name: VickE‘F‘h'ias C3'};
Last First ML
Occupation:
Are you a resident of the Ci of Calistoga? * Years of Residency: ' " ~ _J?.db_
If not, do you reside within the Calistoga Joint Uni?ed School District? List any other boards or commissions on which you have or currently serve and the years of service:
Education and/orrelated background: F5Ain Biclagmul Son/Ages . Seasoned W%% Aogem‘i—ians PVOPe$$ian\
Licenses or special certi?cates held:
Listany Organizations you belong to (professional, community, services etc‘):
8 - v
- 44rd (c1 (2. .r\ 0d"?
Item #6.4.
State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
I‘m “\Woors and \ovo beingon me:\o'i «a, or [Alan/Q03 around
9. down-boon wit‘h m?vu‘i‘ouna children I wan-la do HAP iumWJ bike/ pcdee—trmn602526—24 and ensure. alert/«Mo. can en'tcu +ho, acce‘a‘ Sibili'l‘j , J
J o .J
-
op Calida?o\ .
References (insidename and daytime phone number: (1) bu; T ‘
(2) r ?;o
I am willing to share my personal email address an - -hone number with the public during my «
appointment on the Board or Committee: wont NO
Disclosure and Re ulato Re uiroments
V\?thin30 days of appointment, all members willbe required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting a?er that. Statements of Economic Interest provide information to the public about a member’s personal ?nancial interests to ensure all member contributionsto the committee are inthe best interest of the community and serve as a reminder of potential con?icts of interest. Allmembers willalso be required to take 2 hours of AB 1234 Ethics Training and BrownActTraining every 2 years.
Please initialto indicate you understand the requirements ifappointed:
9E4 understand and willful?llthe Statement of Economic Interest requirement in a timely manner. I understand and willful?llthe AB 1234 Ethics Training requirement in a timely manner.
CE I understand and willful?llBrownAct Training requirement in a timely manner. ($3 understand that failure to ful?llthese requirements may result in being removed.
I have suf?cient time to devote tot his responsibility and plan to attend the required meetings ifI am appointed and I acknowledge that! have read and understand the disclosure and regulatory requirements.
ole/25
Applicants n t re Date
Completed applications should be submitted to the City Clerk — 1232 Washington StreetICalistoga CA94515 or by email to ygalvan@calistogaca,gov - Questions to 707-942-2807 Item #6.4.
Cl.“ RICH
San Francisco Bay Area
PROFILE
Seasoned strategy professionalwith 15+years of experience tackling complexand ambiguous businesschallenges, translating data-driven insightsinto strategic recommendationsand bridging strategy with executionto deliver impactfulresults, Highly self-directed and a quick learner, with a bias for action and a strong senseof ownership E?‘ective communicatorwith a proven ability to in?uence stakeholders, build consensus and lead cross-functionalteams, Key di?‘erentiatcris abilityto see the bigger picture and ‘connect the dots‘, while approachingprojects with an open mind and challengermindset.
KEY COMPETENCIES
Strategic Leadership .2 Execution | Product Development lExecutive Presence | Storyboarding| Acquisitions & Integration | StakeholderEngagement 1Relationship Development | Project Management | People Leader | Creative Problem Solver
EXPERIENCE
Charles Schwal), San Francisco.CA April 2013 — March 2024 Managed Investing Product Management - Director (March 2021 — March 2024) Served as a trusted adviser to senior leaders in evaluating new business oppa?unities to solve?zrunderserved client segments and owned the holistic experience across thefullsuite ofManaged Investing (MI) a?ers. t Developed business case for ‘RetirementConcierge‘ concept and secured approval for seed funding from executive leadership, including founderChuck Schwab, resulting in a successfulQ4’23pilot launch . Led multi-year effort to evaluate new Managed Investing offering and presented insights and considerationsto crossorganiutional stakeholders, shaping strategicmadmap for futuremarket launch (execution contingent upon funding) 0 Oversaw the development and deployment of multiple enrollment-relatedinitiatives, managing cross-project interdependenciesto minimize technical debt and streamline impact to clients and representatives e Prioritizedproduct developmentmadmap for new digital M] account open and enrollmentexperience,facilitating tradeoff discussionswith cross-functionalstakeholdersto ensure successfulphase 1 launch in Q2’23 I Establishedintake and prioritization?'amework for new investmentopportunities,with a focus on optimizingplatform scalability and maximizing consistency of client] representative experience (across M] offers) Retail Integration Strategy — Director (November 2019 — March 2021) Suppoer Retail integration Wartsrelated la the acquisition ofUSAAand TDAmeritrade (TDA), with a focuson ensuring a smooth client and employee experience, while driving increased operating e?‘iciencies‘ O Successfully transitioned 200+ USAA Retail Wealth Management employees andconverted?nancial planning and client relationship management data for ~1M USAA client accounts I De?ned USAA Legal Day 1 sales & servicing operatingmodeland future state roadmap for full integration I identi?ed and evaluatedopportunitiesto simplify and streamlineUSAA conversion, includingsecuringapproval to leverage remote, centralizedteam to conductsuitability assessments for ‘managed‘ clients - SupportedDO} due diligence effortsto secure approval for TDA acquisition and managedLegal Day 1 headcount reduction effort to achieve synergy expense reductiontargets Retail Strategy — Director (April 2018 — November 2019) Performedhigh-impact analysis. delivering actionableinsightsto Retailleadership team to shape strategic direction. - Performed in—depthanalysis of a non-core business unit and evaluatedoptions to grow, maintainor sell, presenting findingsto leadership to inform future strategic direction 0 Conducted deep diveassessment of advisorattrition, identifyingkey trends across advisordemographicsand evaluating the associatedimpact on client attrition, including cost-bene?tanalysis of legalaction for breach of contract 0 Managed Retail-wide expense reductionexercise in close partnershipwith Finance, evaluating the impact of identi?ed savings opportunitiesto realize ia-year and farm savings targen - Led annual planningprocess, establishinga framework for evaluating and prioritizing investmentopportunities across de?ned criteria and measuring the impact of ?mded initiativesto redeploy realized savings Bank of America Merrill LyuCh, San Francisco, CA June 2008 - June 2017 Paci?c Northwest Regional Strategy & Operations bead — Director (August 2014 — June 2017) Led execution afslralegies while growing marketshare and improving operating leverage?zrthePaci?cNorthwestregion, encompassing 60+ twice:and 1,300+ Financial Advisers (FAJ') across 10 distinctmarketregions.
Item #6.4.
I Designed and implementedmarket-speci?c strategies to execute against strategic objectives,with a key focus on maximizing FA productivity andincreasing recurring revenue streams . Owned P&L, including the development of annual ?nancial plan targets considering local market trends/ dynamics(in parmershipwith Finance), andled development and maintenance of metrics/ dashboardsto monitor performance I Drove culturalshi? amongst FAs to adoptgoals-based?nancialplanning and adjust client engagement routines Managed local integrationefforts, resulting in increasedreferrals (+20% YoY) and improvedquality/ successrate 0 Grew overall FA census duough recruiting of experiencedFAs and hiring and development of FA trainees (~17S/year) Strategy and Business Development — Vice President (January 2011 — July 2014) Identifiedapporttmilt'esforacquisitions and divestitures?zrGlobal Wealth and Investment Management (GWIM)with a care focuson derisla’ngand performed tn-depthstrategic assessment ofcriticalfocusnreasfurthe executive leadership team. a Evaluated ?nancial, strategic, and regulatory impact of international divestiture on remaining onshorebusiness(30K clients across 80+ countries). resulting in the recommendation,and ultimate execution, of narrowing GWlM’s focus to sewing a de?ned subsetof the existing footprint
0 Led due diligence effortsand deal negotiationsfor the divestiture of a non-core business unit (15 personnel, SAMM revenue), successfullyachieving objective of de-riskiug the businesswhile realin'ng positive valuation 0 Implementedenhancedretirement program for FAs based on extensive analysis, includingassessment of the potential PM. impact assuming 100% adoptionofren’rementeligible population, resulting in 10%+ increasedparticipationYoY I Prepared internaland external facing executive presentationsarticulating GWIM’s performanoe,competitivepositioning and strategic direction, and secured corporate funding for new investmentopponunities Retail Strategic Initiatives -Aasistaut Vice President (June 2008 — December 2010) Developed strategic businessplans and conductedrigorous data analysisforRetail lines ofbusiness, with a focuson driving acceleratedrevenue growth and optimizing PTM
EDUCATION
Bachelor of Arts (BA) in Biological Sciences
Columbia University, ColumbiaCollege, New York, NY
Varsity Softball (4 years)
ADDITIONAL
- Technical suns; MicrosoftWord, Excel, PowerPoint, Teams | SharePoint | Zoom | Mural Industry Licensesl Registrations: Series 7, Series 66
Training / Certi?cations: Certi?ed Scrum Product Owner (CSPO) Awards I Recognition: 2017 San FranciscoBusinessTimes M5151In lucntialWomen in By Strengths Finder Themes: Achiever, Restorative,Woo, Leaner, Responsibility Board Af?liations: Marine Applicd Rcscarch& Ex gloratiou (MARE)- Board Member.Finance Committee(2 years).
Blue ElephantWater Project — Board Member (2 years)
0 Hobbies I interests: wine, SCUBA diving, camping, pilates, volleyde Item #6.4.
CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouragedto serve on the variousCity commissions. Applicationswillbe reviewed and interviewsmaybe scheduled with.the City Council. Commission appointmentsare madeata regular ‘meetingof theCity Council.
ApplicationIsfor: w
_
A . . _ .
: , ' I‘ , It a».
A.
t. ,~ I] CityActive Transportation
> CommitteeCityGieénCommittee
:I City Housing Advisory Committee
:I City Planning Commission
.El.Napa CountyActiveTransportationCommittee
I: Napa County MosquitoAbatement Board
3 Napa County Library Commission
D Calistoga Fairgrounds Committee Other:
Name: cht’t?-‘so ’Sas-(éa‘me, m
Last First M.|.
Occupation: ELM
Are you a resident of the City of Calistoga? 2'; 5 Years of Residency: (29; If not, do you reside withinthe Calistoga Joint Uni?ed School District? [e 5 List any other boards or commissions on which you have or cunently serve and the years of service:
Education and/or related background: Elemeqtctps Mung, (Mc' M a W W W M:
Licenses or special certi?cates held:
List any Organizations you belong to (professional, community, services etc):
Item #6.4.
State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
_ M 001-—“eco .
References (include name and daytime phone number. (1) ‘ ‘ 1 3w~
(2) 49,5magma“
I am willing to share my personal email address and phone numberwith the public during my appointment on the Board or Committee: [2' Yes I: No
Disclosure and Regulatog Reguiroments
Within 30 days of appointment, all members willbe required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Eoonornic Interest provide information to the public about a member‘s personal ?nancial interests to ensure all member contributionsto the committee are in the best interest of the community and serve as a reminder of potential con?icts of interest. Allmembers willalso be required to take 2 hours of AB 1234 Ethics Training and BrownAct Training every 2 years.
Please initialto indicate you understand the requirements ifappointed:
I understand and willful?llthe Statement of Economic Interest requirement in a timely manner. I understand and willful?llthe AB 1234 EthicsTraining requirement in a timely manner.
I understand and willful?llBrownAct Training requirement in a timely manner.
I understand that failure to ful?ll these requirements may result in being removed.
I have suf?cient time to devote tot his responsibil?y and plan to attend the required meetings if I am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements
313012025
Applicant Signature Date
Completed applications should be submitted to the City Clerk - 1232 Washington Street, Calistoga CA 94515 or by email to ygalvan@calistogacargcv — Questions to 707-942-2807 Item #6.4.
CITY OF CALISTOGA
Boards and Commissions Application
Citizens areencouraged to serve on the various City commissions. Applicationswill be reviewed and interviews may be scheduled withthe City Council.Commission appointments are made at a regular Applicmbn ,5 for
meeting of the City Council.
I | I
I/ City Active Transportation
:I Committee City Green Committee
I: City Housing Advisory Committee
l: Napa County ActiveTransportation Committee
|: Napa County MosquitoAbatement Board
1: Napa County Library Commission
City Planning Commission
Calistoga Fairgrounds Committee Other:
Name: Schmiderer Susan J.
Last First MI.
. Retired, former Executive Assistant
Occupation:
. , . , 3.5
Are you a resrdent of the City of Calistoga? Es Years of Resudency:
If not, do you reside withinthe Calistoga Joint Uni?ed School District? Listany other boards or commissions on which you have or currently serve and the years of service:
i currently serve (2-year term) on the Calistoga ATACcommittee and am reapplying for another term.
Education and/or related background; Worked part time at a local gym as a spin instructor for 5 years.
Some university courses in Communication and English Lit Attended oonterenoes and educational forums tor executive assistants. Also courses on culturalawareness and organizational behavior.
Lican5 es or special certi?cates held: Certi?ed AdministrativeProfessional - Of?ce Management (expired) Certi?ed muting Instructor (expired)
List any Organizations you belong to (professional, community. services etc):
Regular volunteer at Calistoga Cares Food Bank. Deliverto shut-ins and assist in sewing clients Item #6.4.
v
State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
Iwould be honored to serve another term on Calistoga‘s Active Transportation Advisory Committee. As a lifelong runner, cyclist,and walker, I care deeply about makin ourstreets sale and welcomin for eve one — whether on foot, on wheels.or behind the wheat with several key proiects underwayandnew ones Justbeg nnrig, itTee5 ike we‘re ?nally gaining momentum, and I‘dhate to step away ncm.
Mybackground as an executive assistant taught me how to work collaborativercommunicate with respect, and help move initiativestomard. I’dbe glad to continue putthg those skillsand mypassion tor active transportation to workfor our community.
References (include name and daytime phone number: (1) Heginaide WIN“! (2) EmilieLariviere
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: '2 Yes No
Disclosure and Regulatory Reguirements
ththin 30 days of appointment, all members willbe required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide information to the public about a member’s personal ?nancial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential conflicts of interest. Allmembers willalso be required to take 2 hours ofAB 1234 Ethics Training and BrownAct Training every 2 years.
Please initial to indicate you understand the requirements ifappointed:
9% I understand and willful?ll the Statement of Economic Interest requirement in a timely mannen I 9S understand and willful?llthe AB 1234 Ethics Training requirement in a timely manner.
I understand and willful?ll Brown Act Training requirement in a timely manner. 2%» I understand that failure to ful?llthese requirements may result in being removed.
I have suf?cient time to devote tot his responsibility and plan to attend the required meetings ifI am appointed and I acknowledge that I have read and undersmnd the disclosure and regulatory requirements.
@\ 5/ September 25, 2025
Applicant Signature Date
Completed applications should be submitted to the City Clerk- 1232 Washington Street, Calistoga CA94515 or by email to [email protected] — Questions to 707-942-2807 Item #6.4.
CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular , . ‘ meeting of the City Council.
Application is for:
City Active Transportation / Napa County Active Transportation Committee Committee City Green Committee
Napa County Mosquito Abatement Board
City Housing Advisory Committee
Napa County Library Commission
City Planning Commission
Calistoga Fairgrounds Committee Other:
Name: Sprehn Gregory
Last First MI.
Occupation:
Retlred
Are you a resident of the City of Calistoga?
yes Years of Residency: Jan 25
If not, do you reside within the Calistoga Joint Unified School District? List any other boards or commissions on which you have or currently serve and the years of service:
Fire Commissioner 2 years
Education and/or related background:
SSU PhySICS BS 1993, graduate classes UC DaVIs
Licenses or special certi?cates held:
List any Organizations you belong to (professional, community, services etc.):
Vine Trail
Item #6.4.
State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
To participate in the process of removing obstacles to wheeled vehicles, with emphasis on wheelchairs and tricycles because I have physical disabilities and require a wheeled device to get around.
References (include name and daytime phone number: (1)NanCy RObIChaUd (2)TCTommy Hulsey
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: / Yes NO
Disclosure and Regulatory Reguiremenls
Within 30 days of appointment, all members will be required to ?le an Assuming Office Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide information to the public about a member’s personal ?nancial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential con?icts of interest. All members will also be required to take 2 hours of AB 1234 Ethics Training and Brown Act Training every 2 years.
Please initial to indicate you understand the requirements if appointed:
Es I understand and will ful?ll the Statement of Economic Interest requirement in a timely manner. I Es understand and will ful?ll the AB 1234 Ethics Training requirement in a timely manner. 98 I understand and will ful?ll Brown Act Training requirement in a timely manner.
Es I understand that failure to fulfillthese requirements may result in being removed.
I have suf?cient time to devote tot his responsibility and plan to attend the required meetings if I am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements.
Sep 12, 2025
Applic nt Signature Date
Completed applications should be submitted to the City Clerk — 1232 Washington Street, Calistoga CA 94515 or by email to [email protected] — Questions to 707-942-2807 Item #6.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Nov 04 2025
Subject: License Agreement with Ripe Productions LLC, for a multi-day music festival
DESCRIPTION:
Consider adopting a Resolution Authorizing the City Manager to Enter into an Agreement with Ripe Productions, LLC for a Music Festival at the Calistoga Fairgrounds.
RECOMMENDATION:
Consider Authorizing the City Manager/Staff to Enter into the Agreement SUMMARY:
On September 9, 2025, staff brought options to the City Council regarding a multi-day music festival at the Calistoga Fairgrounds. Council requested staff work with local individuals who comprise Ripe Productions LLC., to procure a music festival agreement that would be beneficial to all parties.
ANALYSIS:
After careful consideration, staff present to you today a License Agreement with Ripe Productions LLC. Some of the highlights of this agreement are:
The festival will be held annually each October at the Calistoga Fairgrounds, beginning in 2026.
Ripe Productions LLC will produce the event under a five-year agreement with the City of Calistoga, granting exclusive rights to host a two-day rock festival. During this term, no other two-day festival in the rock genre will be permitted.
The festival will feature two (or three) days of live rock music, with a focus on regional and nationally recognized artists.
Ripe Productions will be responsible for event production, promotion, and ticketing, while the City will oversee permitting and site coordination.
The agreement includes provisions for noise management, security, and public safety, coordinated with City departments. An operational plan will be developed. A base fee and revenue-sharing structure has been established, providing the City with a percentage of ticket sales.
Staff believe this festival will provide significant benefits to the City of Calistoga for many reasons, including but not limited to the following:
The event is created and managed by residents who are invested in the community and committed to ensuring the festival reflects Calistoga’s character and values.
Item #6.5.
The festival's timing in October aligns with one of the most desirable periods to visit the Napa Valley, boosting tourism during a high-visibility season. Annual marketing and promotional efforts will help establish Calistoga as a recurring destination for music and cultural experiences, encouraging repeat visitation. The festival is expected to generate increased transient occupancy, benefiting local hotels, the Calistoga RV Park, restaurants, and retail businesses. The event will advance sustainability at the Calistoga Fairgrounds, ensuring its continued use as a community asset and cultural gathering space.
Ripe Productions LLC has expressed a strong commitment to local partnerships, including the hiring of local vendors and service providers whenever appropriate. The festival will create temporary employment and volunteer opportunities for residents and nonprofit organizations, further connecting the community to the event’s success. The City will receive direct financial benefits through revenue sharing, permitting fees, and taxes generated by event-related activity.
The festival’s presence will enhance Calistoga’s regional profile as a vibrant destination for arts, culture, and entertainment in the Upper Valley.
Staff respectfully request approval of the agreement and authorization for the Interim City Manager to sign.
FINANCIAL IMPACT:
The base fee revenue to Fund 70-3620 for a two-day festival is $25,000 for event days and $22,500 for non-refundable setup/cleanup/deposit, for a total approximate base of $47,500.00 per year.
Additionally, the City is entitled to 5% of all ticket sales over 3,500; 6% of all ticket sales over 5,000, and 7% of all ticket sales over 6,000. Actual income will remain unknown until ticket sales are finalized.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
Resolution License Agreement with Ripe Productions LLC
(Calistoga) License Agreement with Ripe Productions LLC FINAL - Single Signature - signed APPROVAL(S):
Rachel Stepp, Deputy City Manager Approved - Oct 23 2025 Connie Cardenas, Admin. Services Director Approved - Oct 24 2025 Mitch Celaya, Interim City Manager Approved - Oct 26 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #6.5.
RESOLUTION NO. 2025-XXX
ADOPTED XXXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CONSULTANT SERVICES AGREEMENT WITH RIPE MUSIC PRODUCTION, A LIMITED LIABILITY COMPANY.
WHEREAS, the Calistoga City Council supports the hosting of an October music festival to promote cultural engagement, community celebration and economic activity in the City; and.
WHEREAS, Ripe Music Production LLC has agreed to produce and manage the October music festival under a license agreement that grants them the right to utilize specified premises and branding for a rock music festival event; and WHEREAS, staff has determined that Ripe Productions LLC possess the required ability for this type of event and is otherwise qualified to perform the work in accordance with the contract documents; and
WHEREAS, the proposed license agreement outlines the terms under which Ripe Music Production LLC shall be granted the right to host, produce, and promote a rock festival, including but not limited to site use, production responsibilities, and vendor arrangements in compliance with all applicable laws and regulations.
NOW, THEREFORE BE IT RESOLVED that the Calistoga City Council hereby authorizes the City Manager to execute a License Agreement with Ripe productions LLC for a rock music festival beginning in October 2026, for one weekend per year for the term of the agreement (October 31, 2030).
PASSED, APPROVED AND ADOPTED this 4th day of November 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 #6.5.
4926-1473-7242 v8
LICENSE AGREEMENT
BY AND BETWEEN
CITY OF CALISTOGA,
a California municipal corporation
AS LICENSOR
and
Ripe Productions, LLC
AS LICENSEE
Item #6.5.
TABLE OF CONTENTS
PAGE
4926-1473-7242 v8 2
65268.00003\32417699.2
1. GRANT OF LICENSE ........................................................................................................8
1.1 License .....................................................................................................................8
1.2 Exclusive Right........................................................................................................8
2. LICENSE AREA .................................................................................................................9
2.1 Location and Building..............................................................................................9
2.2 Common Areas ........................................................................................................9
2.3 No Representations..................................................................................................9
2.4 Licensor’s Reserved Rights .....................................................................................9
2.5 No Interest in Land Granted ....................................................................................9
3. TERM ..................................................................................................................................9
3.1 Generally..................................................................................................................9
3.2 Annual Meeting and Compliance ..........................................................................10
4. LICENSE FEES.................................................................................................................10
4.1 Base License Fee....................................................................................................10
4.2 Additional Fees......................................................................................................10
4.3 Security Deposit.....................................................................................................10
5. TAXES AND OPERATING EXPENSES: .......................................................................10
5.1 Taxes......................................................................................................................10
5.2 Operating Expenses ...............................................................................................11
6. USE; COMPLIANCE WITH LAWS:...............................................................................11
6.1 Use of License Area...............................................................................................11
6.2 Compliance with Laws ..........................................................................................11
7. UTILITIES.........................................................................................................................12
7.1 Payments for Utilities and Services.......................................................................12
7.2 No Liability of Licensor.........................................................................................12
8. MAINTENANCE AND REPAIR OF LICENSE AREA..................................................12
8.1 Maintenance and Repair by Licensee ....................................................................12
9. ENVIRONMENTAL PROTECTION PROVISIONS ......................................................12
9.1 Hazardous Materials ..............................................................................................12
9.2 Reportable Uses Required Consent .......................................................................13 Item #6.5.
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9.3 Remediation Obligations .......................................................................................13
9.4 Licensor’s Inspection Right ...................................................................................14
9.5 Hazardous Materials Indemnity.............................................................................14
10. INDEMNITY AND WAIVER OF CLAIMS....................................................................15
10.1 Licensee Indemnification.......................................................................................15
10.2 Waiver of Claims...................................................................................................15
10.3 Survival/No Impairment ........................................................................................15
11. INSURANCE.....................................................................................................................16
11.1 Licensee’s Insurance..............................................................................................16
11.2 Additional Insureds................................................................................................16
11.3 Notice of Cancellation ...........................................................................................16
11.4 Sufficiency of Insurance ........................................................................................17
11.5 Insurer Acceptability..............................................................................................17
11.6 Certificate of Insurance..........................................................................................17
12. PROHIBITION AGAINST TRANSFERS........................................................................17
13. SURRENDER....................................................................................................................17
14. NONDISCRIMINATION..................................................................................................17
15. SUBMISSION OF NOTICES ...........................................................................................18
16. CONDITION OF LICENSE AREA..................................................................................18
17. DEFAULT .........................................................................................................................18
17.1 Events of Default ...................................................................................................18
17.2 Remedies................................................................................................................19
17.3 Licensor’s Right to Perform Licensee’s Obligations.............................................19
17.4 Severability ............................................................................................................19
18. WAIVER OF RELOCATION ASSISTANCE..................................................................19
19. MISCELLANEOUS. .........................................................................................................19
19.1 Entire Agreement...................................................................................................19
19.2 Amendments..........................................................................................................19
19.3 Severability ............................................................................................................19
19.4 Incorporation of Exhibits and Recitals ..................................................................20 Item #6.5.
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4926-1473-7242 v8 4
19.5 Broker’s Commissions...........................................................................................20
19.6 Attorneys’ Fees......................................................................................................20
19.7 Access by Licensor ................................................................................................20
19.8 Asbestos Notification for Commercial Property Constructed Before 1979 ..........20
19.9 Lead Warning Statement........................................................................................21
19.10 OFAC Certification................................................................................................21
19.11 Certified Access Specialist Disclosure ..................................................................21
19.12 Rules and Regulations............................................................................................21
19.13 Further Assurances.................................................................................................21
19.14 Force Majeure ........................................................................................................21
19.15 Time .......................................................................................................................22
19.16 Captions .................................................................................................................22
19.17 Governing Law ......................................................................................................22
19.18 Authority................................................................................................................22
19.19 Counterparts...........................................................................................................22 Item #6.5.
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INDEX OF EXHIBITS
Exhibit
A LICENSE AREA
B RULES AND REGULATIONS
Item #6.5.
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LICENSE AGREEMENT
BASIC LICENSE INFORMATION
License Date: See signature block of License
Licensor: City of Calistoga,
a California municipal corporation
Licensor’s Address: City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Tel: 707-942-2805
Attn: City Manager
Notice Copy to:
Calistoga Fairgrounds Revitalization Director
1435 N Oak Street
Calistoga, CA 94515
Licensee: Ripe Productions, LLC
Licensee’s Address: 916 Foothill Blvd.
Calistoga, CA 94515
License Area: Track Infield and Tubbs Hall with Great Lawn & Fairway parking Building: Tubbs Hall
Length of Term: Five (5) years
Commencement Date: October 1, 2026 (for one weekend per year in October, for the Term of the agreement).
Expiration Date: October 31, 2030
License Fee: Twelve Thousand Five Hundred ($12,500) per event day (base license fee), plus 5% of all ticket sales over 3,500; 6% of all ticket sales over 5,000; and 7% of all ticket sales over 6,000.
Base License Fee due on October 1st of each year prior to the musical festival. Payment of the percentages of ticket sales shall be due to the Licensor no later than thirty (30) days after the event.
Utilities: Licensee shall pay $75.00 per hour for track lighting with a 4 hour minimum, on days when track lighting is utilized.
Item #6.5.
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Security Deposit: A deposit of $4,500 per day for seven (7) set-up days and three (3) clean-up days (totaling $45,000) shall be paid by October 1st of the first contract year and January 4th of subsequent contact years. Half of this deposit (i.e. $22,500) shall be nonrefundable and used to the hold the festival date and provide for the above set-up/clean-up days. The remaining half of the deposit shall be refundable, however, the City is authorized to utilize the deposit funds for cleaning and repairs. In the event that Licensee enters on and remains present on the Fairgrounds prior to the seven (7) days or after the three (3) days referenced above, Licensor shall be entitled to deduct $4,500 for said presence on the Fairgrounds for any full or partial day Licensor is present. All funds not utilized by the City shall be refunded.
Permitted Use: Two (2) or three (3) Day rock music festival at Licensee’s option, including seven (7) set-up days immediately prior to the festival and three (3) clean-up days immediately after the festival.
Parking: Great Lawn and South West Fairway Parking
Brokers: N/A
Item #6.5.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement” or “License”) by and between the CITY OF CALISTOGA, a California municipal corporation (“Licensor” or “City”) and Ripe Productions, LLC (Licensee”). Licensee and Licensor are herein collectively referred to as “Parties” or separately as “Party.”
1. GRANT OF LICENSE:
1.1 License. In consideration of the stated conditions and agreements, Licensor hereby grants permission to Licensee to carry out the Permitted Uses within the License Area as described herein including the Basic License Information above (“License”). As further detailed below, this Agreement allows Licensee to operate a rock musical festival on one weekend (two or three consecutive days at Licensee’s option) in October, on a date which has been agreed to by both Parties. The Parties are required to comply all provisions of this Agreement including all exhibits attached hereto.
1.2 Exclusive Right: In consideration for the stated conditions and agreements including the payment of all fees imposed by Licensor including but not limited to the License fee, this Agreement further grants the Licensee an exclusive right to present and promote a multi-day rock music festival at the Calistoga Fairground.
(a) “Music festival” shall include all multi-day festivals including the associated live performances, stage programming, promotions, and marketing associated with a music festival.
(b) "Rock music" shall refer to a genre of popular music characterized primarily by the use of electric guitars, bass guitar, drums, and vocals, typically with a strong rhythmic foundation, amplified sound, and energetic or emotive performance style. This includes, but is not limited to, the following subgenres: classic rock, hard rock, alternative rock, punk rock, indie rock, garage rock, grunge, and metal.
(c) This exclusive right shall preclude the Licensor from authorizing another party to book or promote a multi-day rock music festival within the official footprint of the Calistoga Fairgrounds for the Term of this Agreement. (d) This exclusive right does not apply to City of Calistoga sponsored events or an annual community event, such as a fair or carnival and any associated activities which may include rock music.
(e) This exclusive right to a rock music festival does not include the following genres: pop, hip-hop, EDM, jazz, country, bluegrass, folk, Spanish, Christian (in all genres), musical theater, and other non-rock genres. As such, this exclusive right does not prohibit the Licensor from holding or permitting another entity to hold a music festival including said genres.
Item #6.5.
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2. LICENSE AREA:
2.1 Location and Building. Licensee may occupy those areas as specified in the Basic License Information above (“License Area”). Parking shall be provided as specified in the Basic License Information and as depicted Exhibit A.
2.2 Common Areas. None.
2.3 No Representations. Licensee accepts the License Area in “AS-IS” condition “WITH ALL FAULTS” without any representations or warranties by Licensor, and with no obligation of licensor to make alterations or improvements to the License Area. Licensee acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty with respect to the suitability of the License Areas for the conduct of Licensee’s business.
Licensor shall not be liable for any latent or patent defects in the License Area. If required for the conduct of Licensee’s business, Licensee shall be responsible for requesting an inspection and obtaining a Certificate of Occupancy from the City of Calistoga. This shall include, but is not limited to, any necessary fire sprinkler upgrades, electrical service upgrades, compliance with the ADA (as defined in Section 6) and any other requirements mandated by the Certificate of Occupancy inspection.
2.4 Licensor’s Reserved Rights. Licensor hereby reserves the right, and at any time and from time to time, without the same constituting an actual or constructive eviction, to make alterations, additions, repairs, improvements to or in all or any part of the License Area including the Track, Fairway, Great Lawn, Building, and Common Areas within and around the Building, and to change the arrangement and/or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets and other public parts of the Building and parking areas, drive isles, landscaping, curb cuts and paved and unpaved portions of the exterior Common Areas. In addition, Licensor reserves the right from time to time to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires, meters and equipment for services to the License Area or other part of the Building which are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building which are located within the License Area or located elsewhere in the Building. No rights to any view or to light or air over any property, whether belonging to Licensor or any other person, are granted to Licensee by this License.
2.5 No Interest in Land Granted. Nothing herein shall be deemed to grant to Licensee any fee interest, leasehold, or other possessory interest in the Property, or any portion thereof, or any exclusive right or special status to negotiate or purchase. This Agreement grants a limited revocable license upon specified terms and no more.
3. TERM:
3.1 Generally. The term of this License (the “Term”) grants the exclusive right to present and promote a multi-day rock music festival at the Calistoga Fairground for a period of five (5) years, commencing on October 1, 2026 (“Commencement Date”),, and concluding on October 31, 2030 (“Expiration Date”) , unless terminated earlier as set forth herein.
Item #6.5.
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3.2 Annual Meeting and Compliance. At the time of execution of this Agreement, the Licensor’s expectations include the operation of rock music festival in compliance with all federal, state, county, local laws, in safe and sanitary manner, and without negative impacts to Licensor or the City of Calistoga. License expectations also includes compliance with all safety protocol established by Licensor or its Building Department, Planning Department, Fire Department, Police Department or any other department impacted by the proposed use. Licensor also expects that Licensee will take all steps to prevent or eliminate of any safety hazards, submit all required reports (including the reports required at paragraph 25 of Exhibit B), and plans (including but not limited to a traffic safety plan, hazard mitigation plan). Finally, Licensor expects that the Parties will meet after each annual rock music festival to discuss the event, issues that arose, concerns for next year, and any steps necessary that Licensee will need to take in future years.
4. LICENSE FEES:
4.1 Base License Fee. The fee for use of the License Area during the Term shall be the amount specified in the Basic License Information. The License Fee shall be paid without prior notice or demand. The License Fee shall be paid to the Licensor at 1232 Washington Street, Calistoga, CA 94515, or such other place as Licensor shall direct.
4.2 Additional Fees. As used in this Agreement, the term “Additional Fees” shall mean all sums of money that are due and payable by Licensee under the terms of this Agreement, other than the base License Fee. The term “Fees,” as used herein, shall mean the License Fee and, Additional Fees and all other amounts payable hereunder from Licensee to Licensor. Unless otherwise specified herein, all Fees shall be due and payable by Licensee on or before the date that is thirty (30) days after the date of invoice sent by Licensor. In addition to the Fees owed pursuant to this Agreement, Licensee acknowledges that it will be required to pay all of Licensor’s permit fees, any fees associated with support needed from the Police Department or Fire Department or any other fees that are required by any applicable code including the Calistoga Municipal Code, policy or regulation. Licensee further acknowledges it will also be required to pay all fees imposed by the County and/or State for permits, inspections or any other service provided.
4.3 Security Deposit. Upon execution of this Agreement, Licensee shall pay to Licensor a security deposit for the faithful performance of Licensee’s obligations under this License in the amount specified in the Basic License Information. If Licensee fails to pay any charges due hereunder, or otherwise defaults under this License, Licensor may use, apply or retain all or a portion of the Security Deposit to compensate Licensor for the amount due by Licensee (including reasonable attorneys’ fees) under this License. The balance of the Security Deposit not applied or used by Licensor as permitted in this Paragraph shall be refunded to Licensee thirty (30) days after the later of (i) expiration or other termination of this License, or (ii) the date Licensee vacates the License Area.
5. TAXES AND OPERATING EXPENSES:
5.1 Taxes
Item #6.5.
4926-1473-7242 v8 11
(a) Personal Property and Possessory Interest Taxes. Licensor shall pay all Taxes (as hereinafter defined) levied or imposed against the License Area or Licensee’s personal property or trade fixtures placed by Licensee in or about the License Areas during the Term (“Personal Property Taxes”). In addition, if the interest created by this Licensee is subject to property taxation under the laws of the State of California, the party in whom the possessory interest is vested shall be subject to the payment of the taxes levied on such interest. This notice is included in this License pursuant to the requirements of Section 107.6 (a) of the Revenue and Taxation Code of the State of California.
(b) Payment. Licensee shall pay the Personal Property Taxes or possessory interest taxes in accordance with the instructions of the taxing entity. Licensee shall pay the Personal Property Taxes, if any, originally imposed upon Licensor, upon Licensor’s election, either (a) annually within thirty (30) days after the date Licensor provides Licensee with a statement setting forth in reasonable detail such Taxes, or (b) monthly in advance based on estimates provided by Licensor based upon the previous year’s tax bill. All Personal Property Taxes originally imposed upon Licensor and payable by Licensee with respect to the License Area shall be prorated on a per diem basis for any partial tax year included in the Term. Licensee’s obligation to pay Taxes during the last year of the Term shall survive the expiration or termination of this License.
5.2 Operating Expenses. All costs of management, operation, maintenance, insuring and repair of the (i) structural elements of the Building (including the roof); (ii) Common Area maintenance; and (iii) Licensor’s property insurance, if any, are “Operating Expenses”.
During the Term, Licensor shall not assess Licensee any such Operating Expenses, unless the same were incurred as a result of the actions or inactions of Licensee, Licensee’s invitees, agents or anyone in the employ of Licensee, in which event such costs may be charged to Licensee as Additional License Fees.
6. USE; COMPLIANCE WITH LAWS:
6.1 Use of License Area. Licensee may use the License Area for a two (2) day rock music festival on a weekend in October as agreed to by both Parties (“Permitted Use”) and for no other purposes without the express written consent of Licensor. Licensee acknowledges that neither Licensor nor any agent of Licensor, has made any representation or warranty with respect to the suitability or fitness of the License Area for the conduct of Licensee’s business.
6.2 Compliance with Laws. Licensee shall comply with all laws, ordinances, rules, regulations and codes, of all municipal, county, state and federal authorities, including the Americans With Disabilities Act, as amended (42 U.S.C. Section 1201 et seq. [the “ADA”]) (collectively, “Laws”) pertaining to Licensee’s use and occupancy of the License Area and its Permitted Use. Licensee shall not commit, or suffer to be committed, any waste upon the License Area, or any public or private nuisance, or other act or thing that disturbs the quiet enjoyment of any other occupants or surrounding community.
Item #6.5.
4926-1473-7242 v8 12
7. UTILITIES:
7.1 Payments for Utilities and Services. Licensor shall pay all charges for, water, sewer, storm water, gas, electricity, heat, cooling, pest control, furnished to the License Area (“Utilities”). Notwithstanding the foregoing sentence, Licensee shall be responsible for paying for all track lighting, security, janitorial, portable restrooms, garbage waste, Fire Department, Police Department and ambulance services as identified in the Basic License Information or otherwise herein.
7.2 No Liability of Licensor. Licensee acknowledges that not all utilities are in operable condition. Except in the case of Licensor’s gross negligence or willful misconduct, in no event shall Licensor be liable or responsible for any loss, damage, expense or liability, including, without limitation, loss of business or any consequential damages, arising from any failure or inadequacy of any service or utility provided to the License Area, whether resulting from any change, failure, interference, disruption or defect in supply or character of the service or utility provided to the License Area, or arising from the partial or total unavailability of the service or utility to the License Area, due to any cause whatsoever. Nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Licensee, or entitle Licensee to any abatement or diminution of License Fees or otherwise relieve Licensee from its obligations under this License.
8. MAINTENANCE AND REPAIR OF LICENSE AREA:
8.1 Maintenance and Repair by Licensee
8.1.1 Licensee Maintenance. Licensee shall, at its sole costs and expense, maintain the License Area in good repair and in a neat and clean condition (ordinary wear and tear, casualty and condemnation excepted) including making all necessary repairs and replacements as a result of any damage caused by Licensee’s use of the License Area.
8.1.2 Licensee Repair. Licensee shall further, at its own costs and expense, repair or restore any damage or injury ordinary wear and tear excepted to all or any part of the non-structural portions of the License Area and utility lines exclusively servicing the License Area caused by Licensee or Licensee’s agents, employees, invitees, licensees, visitors or contractors, including but not limited to repairs or replacements necessitated by (i) Licensee’s use of the License Area, and (ii) the moving of any property into or out of the License Area. Licensor is entitled to utilize the Security Deposit to make any repairs in the event Licensee fails to make said repairs.
9. ENVIRONMENTAL PROTECTION PROVISIONS:
9.1 Hazardous Materials. “Hazardous Materials” shall mean any material, substance or waste that is or has the characteristic of being hazardous, toxic, ignitable, reactive, flammable, explosive, radioactive or corrosive, including, without limitation, petroleum, solvents, lead, acids, pesticides, paints, printing ink, PCBs, asbestos, materials commonly known to cause cancer or reproductive problems, and those materials, substances and/or wastes, including wastes which are or later become regulated by any local governmental authority in the state in which the License Area is located or the United States Government, including, but not limited to, substances Item #6.5.
4926-1473-7242 v8 13
defined as “hazardous substances,” “hazardous materials,” “toxic substances” or “hazardous wastes” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act; all environmental laws of the state where the Station is located, and any other environmental law, regulation or ordinance now existing or hereinafter enacted. “Hazardous Materials Laws” shall mean all present and future federal, state and local laws, ordinances and regulations, prudent industry practices, requirements of governmental entities and manufacturer’s instructions relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials, including without limitation the laws, regulations and ordinances referred to in the preceding sentence.
9.2 Reportable Uses Required Consent. Except as permitted in this Section 9, Licensee hereby agrees that Licensee and Licensee’s officers, employees, representatives, agents, contractors, subcontractors, successors, assigns, vendors, concessionaires, invitees and any other occupants of the License Area (for purposes of this Section 9, referred to collectively herein as “Licensee’s Representatives”) shall not cause or permit any Hazardous Materials to be used, generated, manufactured, refined, produced, processed, stored or disposed of, on, under or about the License Area or transport to or from the License Area without the express prior written consent of Licensor, which consent may be limited in scope and predicated on strict compliance by Licensee of all applicable Hazardous Materials Laws and such other reasonable rules, regulations and safeguards as may be required by Licensor (or any insurance carrier, environmental consultant or lender of Licensor, or environmental consultant retained by any lender of Licensor) in connection with using, generating, manufacturing, refining, producing, processing, storing or disposing of Hazardous Materials on, under or about the License Area. In connection therewith, Licensee shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Licensee or any of Licensee’s Representatives of Hazardous Materials on the License Area, including without limitation, discharge of (appropriately treated) materials or wastes into or through any sanitary sewer serving the License Area. The foregoing notwithstanding, Licensee may use ordinary and customary materials reasonably required to be used in the course of the Permitted Use, ordinary office supplies (copier, toner, liquid paper, glue, etc.), common household cleaning materials and gasoline and oil in vehicle tanks, so long as such use is in compliance with all Hazardous Materials Laws and does not expose the License Area or neighboring property to any meaningful risk of contamination or damage or expose Licensor to any liability therefor.
9.3 Remediation Obligations. If at any time during the Term, any contamination of the License Area by Hazardous Materials shall occur where such contamination is caused by the act or omission of Licensee or Licensee’s Representatives (“Licensee’s Contamination”), then Licensee, at Licensee’s sole cost and expense, shall promptly and diligently remove such Hazardous Materials from the License Area or the groundwater underlying the License Area to the extent required to comply with applicable Hazardous Materials Laws.
Licensee shall not take any required remedial action in response to any Licensee’s Contamination in or about the License Area or enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any Licensee’s Contamination without first obtaining the prior written consent of Licensor, which may be subject to conditions imposed by Item #6.5.
4926-1473-7242 v8 14
Licensor as determined in Licensor’s sole discretion. Such prior written consent shall not be required to the extent the delay caused by the requirement to obtain consent may increase the damage to the License Area or the risk of harm to human health, safety or security caused by the Licensee Contamination. Licensor and Licensee shall jointly prepare a remediation plan in compliance with all Hazardous Materials Laws and the provisions of this License. In addition to all other rights and remedies of Licensor hereunder, if Licensee does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Licensee’s Contamination, and thereafter commence the required remediation of any Hazardous Materials released or discharged in connection with Licensee’s Contamination within thirty (30) days after all necessary approvals and consents have been obtained, and thereafter continue to prosecute such remediation to completion in accordance with the approved remediation plan, then Licensor, at its sole discretion, shall have the right, but not the obligation, to cause such remediation to be accomplished, and Licensee shall reimburse Licensor within fifteen (15) business days of Licensor’s demand for reimbursement of all amounts reasonably paid by Licensor (together with interest on such amounts at the highest lawful rate until paid), when such demand is accompanied by proof of payment by Licensor of the amounts demanded. Licensee shall promptly deliver to Licensor copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the License Area as part of Licensee’s remediation of any Licensee’s Contamination. The foregoing notwithstanding, “Licensee’s Contamination” shall not refer to or include any Hazardous Materials that were not clearly introduced to the License Area by Licensee or Licensee’s Representatives. As an example, if lead dust or asbestos is found on the License Area, unless there is clear evidence that Licensee introduced those Hazardous Materials to the License Area, those Hazardous Materials shall not be considered “Licensee’s Contamination,” and it shall not be Licensee’s responsibility to take remedial action relating to such Hazardous Materials. Moreover, Licensee shall not be responsible for any Hazardous Materials that were present in, on, or below the License Area before Licensee occupied the License Area.
9.4 Licensor’s Inspection Right. Licensor shall have the right to inspect the License Area for compliance with environmental, safety, and occupational health laws and regulations, regardless of whether Licensor is responsible for enforcing or complying with them.
Licensee shall have no claim against Licensor, or any officer, agent, employee, contractor or subcontractor of Licensor by reason of entrance of such Licensor officer, agent, employee, contractor or subcontractor onto the License Area, provided such inspection is undertaken as reasonably as possible so as not to disrupt or interfere with the Permitted Use. Except in the event of an emergency, Licensor shall provide Licensee with reasonable prior notice and an opportunity to have a representative present at any inspection.
9.5 Hazardous Materials Indemnity. In addition to any other provisions of this License, Licensee shall, and does hereby agree, to indemnify and hold harmless Licensor from any costs, expenses, liabilities, fines or penalties resulting from discharges, emissions, spills, storage or disposal resulting from Licensee’s Contamination, giving rise to liability, civil or criminal, or any other action by Licensee or its contractors, employees, agents, or assigns giving rise to responsibility under any Hazardous Materials Laws. Licensee’s obligations hereunder shall apply whenever Licensor incurs costs or liabilities for Licensee’s Contamination as provided hereunder.
This provision shall survive the expiration or termination of this License.
Item #6.5.
4926-1473-7242 v8 15
10. INDEMNITY AND WAIVER OF CLAIMS:
10.1 Licensee Indemnification. Licensee shall indemnify, defend and hold Licensor and Licensor Related Parties (as defined herein) harmless against and from all third party liabilities, obligations, damages, penalties, claims, actions, costs, charges, judgment and expenses (including reasonable attorneys’ fees, costs and disbursements) (collectively referred to as “Losses”), arising from (a) the use of, or any activity done, permitted or suffered in or about the License Area by Licensee (including, but not limited to, injuries suffered by Licensee’s agents or employees), (b) any activity done, permitted or suffered by Licensee or Licensee’s agents or employees in or about the License Area during Licensee’s possession and use of the License Area, (c) any act, neglect, fault, willful misconduct of Licensee or Licensee’s agents or employees in or about the License Area during Licensee’s possession and use thereof, or (d) from any breach or default in the terms of this Agreement by Licensee or Licensee’s agents or employees, except to the extent such claims arise out of or relate to the gross negligence or willful misconduct of Licensor or another Licensor Related Party . If any action or proceeding is brought against Licensor by reason of any such claim, upon notice from Licensor, Licensee shall defend the same at Licensee’s expense by Licensor’s Office of the City Attorney or, at Licensor’s election, other counsel reasonably satisfactory to Licensor. As a material part of the consideration to Licensor, Licensee releases Licensor and its trustees, members, principles, beneficiaries, partners, officers, directors, employees, and property managers (“Licensor Related Parties”) from responsibility for, waives its entire claim of recovery for, and assumes all risks of (i) damage to property or injury to person in or about the License Area from any cause whatsoever except to the extent caused by the gross negligence or willful misconduct of Licensor or Licensor Related Parties, or (ii) loss resulting from business interruption or loss of income at the License Area.
10.2 Waiver of Claims. Except in the event of Licensor’s or Licensor Related Parties’ own gross negligence or willful misconduct Licensor shall not be liable to Licensee and Licensee waives all claims against Licensor and Licensor Related Parties for any injury or damage to any person or property occurring or incurred in connection with or in any way relating to the License Area from any cause. Without limiting the foregoing, neither Licensor nor any Licensor Related Party shall be liable for and there shall be no abatement of Fees for (a) any damage to Licensee’s property stored with or entrusted to any Licensor Related Party, (b) loss of or damage to any property by theft or any other wrongful or illegal act, or (c) any injury or damage to person or property resulting from fire, explosion, water or rain that may blow onto the License Area from the streets or other surfaces or from any other place or resulting from dampness or any other cause whatsoever or from the acts or omissions of other occupants or other visitors to the License Area or from any other cause whatsoever, (d) any diminution or shutting off of light, air or view by any structure that may be erected on lands adjacent to the License Area or (e) any latent or other defects in the License Area. Licensee agrees that in no case shall Licensor or any Licensor Related Party or Licensee be responsible or liable to the other on any theory for any injury to such parties’ business, loss of profits, loss of income or any other form of consequential, punitive or incidental damage, except as otherwise provided in Section 13.
10.3 Survival/No Impairment. The obligations of Licensee under this Section 10 shall survive any termination of this License. The foregoing indemnity obligations shall not relieve any insurance carrier of its obligations under any policies required to be carried by either party Item #6.5.
4926-1473-7242 v8 16
pursuant to this License, to the extent that such policies cover the peril or currents that results in the claims that is subject to the foregoing indemnity.
11. INSURANCE:
11.1 Licensee’s Insurance. On or before the commencement of the Term of this License, Licensee shall procure and maintain for the duration of this License, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Licensee’s operation and use of the License Area. The cost of such insurance shall be borne by Licensee. Licensee shall maintain the following types of insurance with limits no less than the following as set forth below.
11.1.1 Commercial General Liability Coverage: $2,000,000 per occurrence for bodily injury, personal injury and property damage (which amount can be met by both Licensee’s underlying policy and umbrella policy). The policy shall provide coverage for Fire Legal Liability or Damage to Rented License Area coverage, as well as for Products and Completed Operations.
11.1.2 Automobile Liability Coverage: Coverage for owned, hired, leased and rented vehicles, with limits of $1,000,000 for combined bodily injury and property damage, on a per occurrence basis.
11.1.3 Property Insurance Coverage: Licensee shall maintain in full force and effect on all of its personal property, furniture, furnishings, vehicles, fixtures and equipment, either owned by Licensee or its agents, vendors, or clients, which may from time to time be located in, on or upon the License Area (“Licensee’s Property”) in an amount not less than their full replacement value from time to time during the Term, providing protection against all perils, included within the standard form of “all-risk” (i.e., “Special Cause or Loss”) fire and casualty insurance policy.
11.1.4 Workers Compensation Coverage: As required by law, with Employer’s Liability coverage with limits of not less than $1,000,000.
11.2 Additional Insureds: The City of Calistoga shall be included as an additional insured under all liability insurance coverages, except on worker’s compensation and professional liability insurance policies. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not included as such additional insured. An additional insured included herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
11.3 Notice of Cancellation. Licensee’s third party insurance policies shall be endorsed to require the insurer to provide Licensor with at least thirty (30) days’ written Notice of Cancellation; provided, however, that if Licensee’s insurers are unwilling to issue such an endorsement, then Licensee agrees as follows: if Licensee is notified by any insurer of the insurance coverage required under this Section 11 that the insurer is cancelling any required policy, Licensee shall immediately provide Licensor with written notice of having received such notice from its insurer and shall take all reasonable action to either preserve the existing policy/policies Item #6.5.
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or replace the cancelled insurance with other policy/policies of insurance meeting the requirements of this Section 11 before the effective date of the cancellation.
11.4 Sufficiency of Insurance. The insurance limits required by the Licensor are not represented as being sufficient to protect Licensee. Licensee is advised to consult Licensee’s insurance broker to determine adequate coverage for Licensee. Licensee’s insurance policy shall be endorsed stipulating that Licensee’s insurance is primary with respect to claims assumed by Licensee under the terms of this License, and that the Licensor’s self-insurance program and excess insurance policies shall not be called upon to contribute to a loss that should otherwise be paid by Licensee’s insurer.
11.5 Insurer Acceptability. Licensee’s insurers must be domiciled in the United States of America. They must meet a minimum A.M. Best & Co. rating of A: VII and a Standard and Poor’s Rating (if rated) of at least BBB. In the event that a proposed insurance company is not rated by A.M. Best & Co. or Standard and Poor’s, said insurance carrier must be domiciled in the State of California and approved by Licensor.
11.6 Certificate of Insurance. On or before Licensee takes possession of the License Area, Licensee shall furnish to Licensor new certificate(s) of insurance reflecting that the insurance required by this Section for the License Area is in force, accompanied by an endorsement(s) showing the required additional insured reasonably satisfactory to Licensor.
12. PROHIBITION AGAINST TRANSFERS: Licensee shall not assign, sublicense, hypothecate, or transfer this License or any interest therein directly or indirectly, by operation of law or otherwise. Any attempt to do so shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The forgoing notwithstanding, Licensee may Transfer, with notice but without Licensor’s consent, to an entity (i) that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Licensee; (ii) in connection with a merger, consolidation, non-bankruptcy reorganization or government action; or (iii) in connection with the acquisition or transfer of all or substantially all of Licensee’s stock or assets (each a “Permitted Transfer”).
13. SURRENDER: Upon the expiration or earlier termination of the License, Licensee shall surrender the License Area clean, free of debris and, in substantially the same condition as at the commencement of the Term, reasonable wear and tear excepted, and clear of all liens and encumbrances created by any action or inaction of Licensee. Licensor shall not be responsible for the value, preservation or safekeeping of Licensee’s property that is not removed by Licensee from the License Area. Licensee shall pay Licensor, upon demand, the expenses and storage charges incurred for any such property. If Licensee fails to remove Licensee’s property from the License Area, upon the expiration or earlier termination of the License, Licensor may deem all or any part of Licensee’s property to be abandoned and, at Licensor’s option, title to Licensee’s property shall vest in Licensor or Licensor may dispose of Licensee’s property in any manner Licensor deems appropriate.
14. NONDISCRIMINATION. Consistent with Licensor’s policy that harassment and discrimination are unacceptable conduct, Licensee agrees that harassment or discrimination Item #6.5.
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directed toward a City employee, or contractor, or employees, or Licensee’s employee or contractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Licensee agrees that any and all violations of this provision shall constitute a material breach of this Agreement.
15. SUBMISSION OF NOTICES. All notices, demands, requests, consents, or approvals which may or are required to be given by either party to the other shall be in writing and shall be deemed given upon (i) personal delivery or transmission by facsimile or electronic mail (unless delivery occurs on a Sunday or holiday, in which case notice will be deemed given on the next-succeeding business day), or (ii) refusal of delivery during normal business hours when sent by United States Certified or Registered Mail, postage prepaid, or (iii) one business day after deposit with a reputable overnight delivery service at the party’s respective Notice Address(es) set forth in the Basic License Information. Notwithstanding the addresses provided in subsection 15.1 of this section, any party may from time to time designate an alternate and/or additional address by notice.
16. CONDITION OF LICENSE AREA. The License Area is delivered to Licensee by Licensor “as is, where is,” and, as such, Licensor makes no warranty as to such facilities and property either as to their usability generally or as to their fitness for any particular purpose. No promises of Licensor to alter, remodel, repair or improve the License Area and no representation respecting the condition of the License Area have been made by Licensor to Licensee, except as expressly stated in this Agreement, and Licensor shall have no obligation to repair or maintain License Area.
17. DEFAULT.
17.1 Events of Default. The occurrence of any of the following shall constitute a “Default” by Licensee:
(i) Licensee fails to make any payment of Fees when due, if payment in full is not received by Licensor within five (5) days after written notice that it is past due.
(ii) Licensee violates the restrictions on Transfer set forth in Article 12.
(iii) Licensee ceases doing business as a going concern (provided, however, that Licensee may be open and operating for business with the general public on the days and during the times as the needs of Licensee’s business dictates, in Licensee’s sole discretion); makes an assignment for the benefit of creditors; is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of a petition) seeking relief under any state or federal bankruptcy or other statute, law or regulation affecting creditors’ rights; all or substantially all of Licensee’s assets are subject to judicial seizure or attachment and are not released within sixty (60) days, or Licensee consents to or acquiesces in the appointment of a trustee, receiver or liquidator for Licensee or for all or any substantial part of Licensee’s assets. (iv) Licensee fails to perform or comply with any provision of this Agreement other than those described in (i) through (iii) above, and does not fully cure such Item #6.5.
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failure within five (5) business days after notice to Licensee or, if such failure cannot be cured within such five (5) business-day period, Licensee fails within such five (5) business-day period to commence, and thereafter diligently proceed with, all actions necessary to cure such failure as soon as reasonably possible but in all events within sixty (60) days of such notice.
17.2 Remedies. Upon Default by Licensee, Licensor shall, without further notice or demand of any kind to Licensee or to any other person, in addition to any other remedy Licensor may have under this License and at law or in equity, have the ability to immediately terminate the License and Licensee’s right to use the License Area. Upon notice of any such termination, Licensee shall vacate and discontinue its use of the License Area and Licensor may take any and all actions to enforce Licensee’s obligations.
17.3 Licensor’s Right to Perform Licensee’s Obligations. If Licensee is in Default of any of its non-monetary obligations under this Agreement, in addition to the other rights and remedies of Licensor provided herein, then Licensor may at Licensor’s option, but without any obligation to do so and without further notice to Licensee, perform any such term, provision, covenant or condition or make any such payment and, except in the case of its gross negligence or willful misconduct, Licensor by reason of doing so shall not be liable or responsible for any loss or damage thereby sustained by Licensee. If Licensor performs any of Licensee’s obligations hereunder in accordance with this Section 17.3, the reasonable costs and expense incurred or the payments so made shall be immediately be owed by Licensee to Licensor, and Licensee shall promptly pay to Licensor upon demand, as Additional Fees, the full amount thereof with interest thereon from the day of payment by Licensor the lower of ten percent (10%) per annum, or the highest rate permitted by applicable law.
17.4 Severability. This Article 17 shall be enforceable to the maximum extent such enforcement is not prohibited by applicable Law, and the unenforceability of any portion thereof shall not thereby render unenforceable any other portion.
18. WAIVER OF RELOCATION ASSISTANCE. Except in the event of a taking of the License Area by or under the threat of eminent domain, Licensee acknowledges that upon the expiration or earlier termination of the Term it will not be a displaced person or business and therefore waives any and all rights, benefits or privileges of the California Relocation Assistance Law, California Government Code Sections 7260 et seq. or under any similar state or federal law, statute or ordinance now or hereinafter in effect.
19. MISCELLANEOUS.
19.1 Entire Agreement. This Agreement, including all exhibits hereto, constitutes all of the covenants, conditions and agreements between and among the parties and shall supersede all prior correspondents, agreements and understandings, both verbal and written.
19.2 Amendments. This Agreement may be amended or modified only by a written instrument executed by Licensor and Licensee.
19.3 Severability. If any provision of this Agreement, or its application to any person or circumstance, is held invalid by any court, the invalidity or inapplicability of such provision shall not affect any other provision of this Agreement or the application of such provision Item #6.5.
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to any other person or circumstance, and the remaining portions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so modified by and in response to such invalidation would be unreasonable or grossly inequitable under all of the circumstances or would frustrate the fundamental purposes of this Agreement. Without limiting the forgoing, if any applicable federal or state law prevents or precludes compliance with any material term of this Agreement, the parties shall promptly modify, amend, or suspend this Agreement, or any portions of this Agreement, to the extent necessary to comply with such provisions in a manner which preserves to the greatest extent possible the benefits to each of the parties to this Agreement before such conflict with federal or state law.
19.4 Incorporation of Exhibits and Recitals. The exhibits and recitals to this Agreement are incorporated into this Agreement by this reference.
19.5 Broker’s Commissions. Licensor and Licensee each represents and warrants to the other that neither it nor its officers or agents nor anyone acting on its behalf has dealt with any real estate broker except for Cushman & Wakefield (“Licensor’s Broker”) in the negotiating or making of this License. Licensor shall be responsible for any commissions and other compensation which may be due to Licensor’s Broker in connection with this Agreement.
Each party agrees to indemnify and hold harmless the other from any claim or claims, and costs and expenses, including attorneys’ fees, incurred by the indemnified party in conjunction with any such claim or claims of any other broker or brokers to a commission in connection with this License as a result of the actions of the indemnifying party.
19.6 Attorneys’ Fees. In the event either party to this Agreement institutes an action, arbitration or proceeding to interpret or enforce any of the terms hereof, or to obtain money damages the prevailing party shall be entitled to recover from the other, in addition to costs and judgment as ordered by the court, its reasonable attorneys’ fees, together with out-of-pocket expenses.
19.7 Access by Licensor. In addition to access provided by this License, Licensor shall be allowed access to the License Area at all reasonable times throughout the term of this License, for any reasonable purpose upon prior written notice to Licensee. Licensor will normally give Licensee a minimum of twenty-four (24) hours prior notice of an intention to enter the License Area, unless the entry is reasonably required on an emergency basis for safety, environmental, operations or security purposes. Licensee shall ensure that a telephone roster is maintained at all times for on-call persons representing Licensee who will be available on short notice, 24 hours a day, 365 days per year, and have authority to use all keys necessary to gain access to the License Area to facilitate entry in time of emergency. Licensee shall ensure that Licensor has a current roster of such on-call personnel and their phone numbers. Licensee shall not change any existing locks, or attach any additional locks or similar devices to any door or window, without providing to Licensor one set of keys therefor. All keys must be returned to Licensor at the expiration or termination of this License. Licensee shall have no claim against Licensor for exercise of its rights of access hereunder.
19.8 Asbestos Notification for Commercial Property Constructed Before 1979.
Licensee acknowledges that Licensor has advised Licensee that, because of its age, the Building may contain asbestos-containing materials (“ACMs”). If Licensee undertakes any Alterations as Item #6.5.
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may be permitted by Article 10, Licensee shall, in addition to complying with the requirements of Article 10, undertake the Alterations in a manner that avoids disturbing ACMs present in the Building. If ACMs are likely to be disturbed in the course of such work, Licensee shall encapsulate or remove the ACMs in accordance an approved asbestos-removal plan and otherwise in accordance with all applicable Environmental Laws, including giving all notices required by California Health & Safety Code Sections 25915-25919.7.
19.9 Lead Warning Statement. Licensee acknowledges that Licensor has advised Licensee that buildings built before 1978 may contain lead-based paints (“LBP”). Lead from paint, paint chips and dust can pose health hazards if not managed properly. Subject to Article 10 of this License, Licensee may at its sole cost and expense, have a state certified LBP Inspector complete a LBP inspection and abatement and provide an abatement certification to Licensor. Licensor has no specific knowledge of the presence of lead-based paint in the License Area.
19.10 OFAC Certification. Licensee represents, warrants and covenants that:
(a) Licensee and its principals are not acting, and will not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated and Blocked Person” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and (b) Licensee acknowledges that the breach of this representation, warranty and covenant by Licensee shall be an immediate Default under the Lease.
19.11 Certified Access Specialist Disclosure. In accordance with Civil Code Section 1938, Licensor hereby discloses that the License Area has not undergone inspection by a Certified Access Specialist for purposes of determining whether the property has or does not meet all applicable construction related accessibility standards pursuant to Civil Code Section 55.53.
19.12 Rules and Regulations. Licensee shall faithfully observe and comply with the non-discriminatory rules and regulations attached hereto as Exhibit B and incorporated herein by this reference, as the same may be modified from time to time by Licensor. Any additions or modifications to those rules shall be binding upon Licensee upon Licensor’s delivery of a copy to Licensee.
19.13 Further Assurances. All parties agree to cooperate fully and execute any and all supplementary documents and take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement.
19.14 Force Majeure. If performance by the Licensor of any portion of this Agreement is made impossible by any prevention, delay, or stoppage caused by strikes; lockouts; labor disputes; acts of God; inability to obtain services, labor, or materials or reasonable substitutes for those items; government actions; civil disobedience or war; fire, natural disaster or other casualty; epidemic or pandemic; natural or other causes beyond the reasonable control of the Licensor then performance by Licensor for a period equal to the period of that prevention, delay, or stoppage is hereby excused. Licensee acknowledges that the foregoing includes use by a government agency (federal, state, county or city) of the Licensed Premises for said reasons. And, Item #6.5.
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as such, should the rock music festival be cancelled, Licensor is not liable for any loss or expenses incurred by Licensee or any of its agents, contractors, vendors, guests or patrons.
19.15 Time. Time is of essence of every provision herein contained in this Agreement.
19.16 Captions. All captions and headings in this Agreement are for the purpose of reference and convenience and shall not limit or expand the provisions of this Agreement.
19.17 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. All actions or proceedings arising directly or indirectly under this Agreement shall be litigated in courts located within the County of Napa, State of California.
19.18 Authority. If Licensee is a corporation, partnership, trust, association or other entity, Licensee and each person executing this License on behalf of Licensee does hereby covenant and warrant that (a) Licensee is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (b) Licensee has and is duly qualified to do business in California, (c) Licensee has full corporate, partnership, trust, association or other power and authority to enter into this License and to perform all Licensee’s obligations hereunder, and (d) each person (and all of the persons if more than one signs) signing this License on behalf of Licensee is duly and validly authorized to do so. Upon execution hereof and at Licensor’s request, Licensee shall provide Licensor with written evidence substantiating the authority of the person(s) executing this Agreement on behalf of Licensee to bind Licensee to this Agreement.
19.19 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Licensor and Licensee have respectively signed and sealed this License as of the date of the last signature below which shall be the effective date of this License.
LICENSEE:
Ripe Productions, a Limited Liability
Company
By: _________________________________
Name: _______________________________
Title: ________________________________
Date: _____________________________
LICENSOR:
CITY OF CALISTOGA, a California
municipal corporation
By: _____________________________
Mitch Celaya
Interim City Manager
Date: _____________________________
Seth Cripe (Oct 22, 2025 09:57:29 PDT)
Seth cripe Partner 22/10/2025
Item #6.5.
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By: _________________________________
Name: ______________________________
Title: _______________________________
Date: _____________________________
Approved as to form:
By: _____________________________
Michelle M. Kenyon, City Attorney
Date: _____________________________
Item #6.5.
Exhibit A
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EXHIBIT A
LICENSE AREA AND PARKING
City of Calistoga Fairgrounds Property, 1435 N. Oak Street Calistoga, CA 94515 Fairway Parking
Tubbs Hall
Track & Infield
Great Lawn
Item #6.5.
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EXHIBIT B
RULES AND REGULATIONS
Licensee shall faithfully observe and comply with the following Rules and Regulations.
Licensor shall not be responsible to Licensee for the non-performance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other licensees or occupants of the License Area. In the event of any conflicts between the Rules and Regulations and other provisions of this License, the latter shall control.
1. Licensor shall have the right to control and operate the public portions of the License Area including the Building and the public facilities, as well as facilities furnished for the common use of Licensee, in such manner as it deems best for the benefit of Licensee.
2. No advertisements, pictures or signs of any sort shall be displayed on or outside the License Area or Building without the prior written consent of Licensor. This prohibition shall include any portable signs or vehicles placed within the parking lot, common areas or on streets adjacent thereto. Licensor shall have the right to remove any such unapproved item without notice and at Licensee’s expense.
3. Storage of propane tanks, whether interior or exterior, shall be in secured and protected enclosure approved by the local fire department, and if exterior, shall be located in areas specifically designated by Licensor. Licensee shall protect electrical panels and building mechanical equipment from damage from forklift trucks.
4. Machinery, equipment and apparatus belonging to Licensee which causes noise or vibration that may be transmitted to the structure of the Building to such a degree as to be objectionable to Licensor or other Licensees or to cause harm to the Building, shall be placed and maintained by Licensee, at Licensee’s expense, on vibration eliminators or other devices sufficient to eliminate the transmission of such noise and vibration. Licensee shall cease using any such machinery which causes objectionable noise and vibration which cannot be sufficiently mitigated.
5. Golf carts, gators, quads or other motorized vehicles cannot be brought onto Licensor’s property without permission from Licensor and only with proof of insurance to the Licensor’s satisfaction.
6. All goods, including materials used to store goods, delivered to the License Area shall be immediately moved into the License Area and shall not be left in parking or exterior loading areas overnight.
7. Tractor trailers, which must be unhooked or parked with dolly wheels beyond the concrete loading areas, must be placed upon steel plates or wood blocks of sufficient size to prevent damage to the asphalt paving or other surfaces. No parking or storage of such trailers will be permitted in the parking areas adjacent to the License Area, exterior loading areas or on streets adjacent thereto.
Item #6.5.
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8. Licensee is responsible for the safe storage and removal of all pallets. Pallets shall be stored behind screen enclosures at locations approved by Licensor.
9. Licensee shall only store or permit the storage or placement of merchandise in the License Area. No displays or sales of merchandise shall be allowed in the parking areas.
10. .No cans, glass bottles ceramic/clay or glass beverage containers are allowed; all beverages, including non-alcoholic beverages, must be served in paper, plastic or metal cups or bottles.
11. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substances of any kind whatsoever shall be thrown therein. The expense of the repair of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Licensee in the event its employees, agents, visitors, guests or licensees have caused the same.
12. Licensee shall cooperate fully with Licensor to ensure the effective operation of the Building’s air conditioning systems. If Licensee shall so use the License Area such that noxious or objectionable fumes, vapors and/or odors are created, then Licensee shall provide proper ventilation equipment for the discharge of such fumes, vapors and odors so that they shall not enter into the air conditioning system or be discharged into other vents or flues of the Building or annoy any of the other Licensees of the Building or adjacent property. The design, location and installation of such equipment shall be subject to the Licensor’s approval.
13. All window coverings installed by Licensee which are visible from the outside of the Building, require the prior written approval of Licensor.
14. The sashes, sash doors, skylights, windows and doors that reflect or admit light or air into the halls, passageways or other public places in the Building shall not be covered or obstructed by Licensee.
15. Licensee shall not overload the floor, asphalt, concrete, dirt or other base flooring of the License Area.
16. No awnings or other projections over or around the windows or entrances of the Building shall be installed by any Licensee without the prior written consent of Licensor.
17. Licensee shall not permit any animals, including, but not limited to, household pets (but excluding service animals, which are permitted), to be brought or kept in or about the License Area or any of the common areas.
18. Licensee hereby acknowledges that Licensor shall have no obligation to provide guard service or other security measures for the benefit of the License Area or Building. Licensee hereby assumes all responsibility for the protection of Licensee and its agents, employees, contractors, invitees and guests, and the property thereof, from acts of third parties, including keeping doors locked and other means of entry to the License Area closed.
Item #6.5.
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19. No auction, liquidation, fire sale, going out of business or bankruptcy sale shall be conducted in or about the License Area without the prior written consent of Licensor.
20. No Licensee shall use or permit the use of any portion of the License Area for living quarters, sleeping apartments or lodging rooms without prior approval of the Licensor and payment of overnight fees and taxes.
21. Licensee, Licensee’s agents, employees, contractors, licensees, guests or visitors shall not park any vehicles in driveways, service entrances, or areas posted as “no parking.”
22. If the License Area is or becomes infested with vermin as a result of the use or any misuse or neglect of the License Area by Licensee, its agents, employees, contractors, visitors or licensees, Licensee shall forthwith, at Licensee’s expenses, cause the same to be exterminated to the satisfaction of Licensor and shall employ such licensed exterminators as shall be approved in writing in advance by Licensor.
23. Licensee shall not use the name of the Building for any purpose other than as the address of the business to be conducted by Licensee in the License Area, nor shall Licensee use any picture of the Building in its advertising, stationary or in any other manner without the prior written permission of Licensor. Licensor expressly reserves the right, at any time, to change the name without, in any manner, being liable to Licensee for said change.
24. No smoking shall be allowed in the Building or any structures. Licensee, its employees agents, guests, patrons, and guests shall not loiter in or on the entrances, corridors, sidewalks, lobbies, courts, halls, stairways, elevators, vestibules or any common areas of the Building for the purpose of smoking or for any other purposes, nor in any way obstruct such areas, and shall use them only as a mean of ingress and egress from the License Area. Should the event allow smoking, all smoking must be forty (40) feet away from any building entrance or exit.
25. Licensor reserves the right to exclude from the Building or the common areas, any person who, in the judgment of Licensor, is intoxicated or under the influence of liquor or drugs, or anyone who violates these Rules and Regulations.
26. Licensee shall require Purchase of Service (POS) registers with credit, cash, void sales and reporting for all Licensee and/or vendors sales including but not limited to sales of merchandise, parking, concession stands, food, and alcohol. Licensee shall report all tickets sales, including complementary tickets in an overall profit and loss event statement given to Licensor no later than December 15 following the rock music festival. Said reporting shall include a list of all vendors who engaged in any transactions at the rock music festival . Additionally, Licensee shall provide the flyer attached to this exhibit to all vendors.
27. In addition to the Rules and Regulations identified herein, Licensee shall also comply with all of Licensee’s, county, state and federal standards, ordinances, resolutions and policies. Licensee acknowledges that the activities authorized by the License are subject to Licensor, county or state approvals and/or permits. Said approvals and/or permits may include but not be limited to the following:
Item #6.5.
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a. Parking – In the event that Licensee’s event requires more parking than what is included in the License Area, or in the event of inclement weather, Licensee shall take all steps necessary to ensure that sufficient parking is provided, for all agents, employees, contractors, licensees, guests or visitors, at an off-site location with a shuttle or other appropriate transportation to and from the Fairgrounds. Licensee acknowledges that offsite parking may be subject to Licensor permits. b. Police and/or Fire Department approval of necessary security measures, crowd management procedures, medical emergencies and related responses, traffic control plans, and lighting plans for entire License Area including parking areas. To meet the requirements of the Police and/or Fire Department, Licensor may be required to contract with a law enforcement agency and/or licensed professional security agency. Licensee acknowledges that it must have all security personnel present prior to the start of event and said personnel shall not leave until the event is over and the guests have left the License Area. Further, Licensor shall comply with Licensor’s rules related to decorations which are as follows:
i) Due to fire regulations and the difficulty in clean up, the use of straw, hay, confetti, crepe paper and glitter is expressly prohibited. ii) All materials used to decorate or otherwise must be flame resistant. iii) The use of tape is prohibited on walls and floors. Duct tape, scotch tape, packing tape and/or any other tape has the potential to cause considerable damage to the Building.
iv) Fire burning candles are prohibited. Licensor is permitted to use battery operated, flameless candles.
v) If Licensor plans on hanging anything from the ceilings or walls, such as lighting or draping, you must contact the Licensor to discuss the placement at least one (1) month prior to your event so it can be approved by the Fire Department.
vi) If the Fire Department requires an inspection then all fees will be paid by the Licensee.
c. Alcohol Beverage Control (ABC) review and approval of any and all alcohol sales. Licensor shall provide any applicable to ABC license or permit to Licensor upon receipt and in no event later than after set up begins. No alcohol sales shall be permitted without the proper ABC approved license or permit having been submitted to the Licensor. It should be noted that the Police Department will be required to review, approve and sign the ABC license or permit application, as such, Licensor is encouraged to submit the application to the Police Department no later than thirty (30) days prior to the event.
i) Licensor acknowledges that all alcohol sales must cease at least one (1) hour prior to the end of the event.
Item #6.5.
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ii) Licensor acknowledges that alcohol must be controlled at all times.
Alcohol shall not be unattended or self-serve. All alcohol must be served by a bartender or similarly trained employee who has completed the “responsible beverage service” training provided by ABC. Licensee, including any agent, employee or volunteer, shall not serve an obviously intoxicated person.
iii) Guests cannot bring alcohol to the event or onto the License Area including the parking lot. Licensee shall take all steps necessary to ensure that its guests or other are not consuming alcohol in the parking lots or areas surrounding the License Area. Said steps may include signage and/or patrol of the areas.
iv) Licensee, including any agent, employee or volunteer, shall not serve or allow anyone under the age of twenty-one (21) to consume alcohol. d. Napa County, Environmental Health Division review and approval is necessary for events that include food vendors or sales. Further, Licensee shall ensure that it or any of its agents, vendors, guests or invites do not deposit any food, fats, oils or grease in any sinks or drains including any storm drains. All food shall be deposited in the appropriate waste container and all fats, oils and greases shall be removed from the premises in compliance with all laws. e. Licensor review and approval of sanitation efforts including sufficient toilet rentals and handwashing stations. In addition, Licensor review and approval is required to ensure sufficient trash, refuse and recycling receptacles are available. All such trash and refuse shall be contained in suitable receptacles stored behind screen enclosures at locations approved by Licensor, and Licensee shall ensure that all trash, refuse and recycling is removed from the Calistoga Fairgrounds no later than the third day after the event is over. Failure to do so, will result in a charge of $15 per bag for disposal plus staff time. In addition, Licensee shall comply with the following:
i) Licensee shall provide clearly labeled recycling (blue) and organic waste (green) containers throughout the event site, in accordance with Calistoga Municipal Code Chapter
8.18 and SB 1383 requirements.
ii) All refuse, waste and recycling receptacles must be placed in areas accessible to both staff and attendees. The Licensee is responsible for ensuring that all waste is properly sorted and that containers are serviced as needed to prevent overflow or contamination. Licensor staff may inspect for compliance before, during, or after the event.
iii) 4. Properly dispose of all refuse consistent with all waste management requirements or policies of the Licensor or the waste management company.
Failure to do so, will result in a charge of $15 per bag for disposal plus staff time. iii) Use of the Building, requires that Licensor do all of the following during the event and within the three day clean up:
Item #6.5.
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A) Sweep and mop floors.
B) Continually clean and maintain all surfaces, including but not limited to counter tops, tables, chairs and floors.
C) Properly re-stack tables, chairs, or any other furniture in the Building in the same manner as they were prior to when
Licensee arrived to the License Area.
f. Licensor review and approval of any structures, including tents, that Licensee intends to utilize at any time including during set-up or clean-up. Said structures may be subject to building permit which shall be obtained prior to beginning any set-up prior to the event. i) No pop up tents or canopies are allowed in any building. ii) Per Fire Department requirements, any tents or canopies placed outside must be at least 20’ away from any building.
28. Licensor shall not turn off the lights in any of the halls of the Building. With prior notice and approval by the Licensor, Licensee may be allowed to reduce the lighting.
29. Sound Checks, music and all noise shall comply with the following:
i) The Fairgrounds is surrounded by neighbors and out of courtesy to these neighbors Licensor asks and expects Licensee to keep the noise at a minimum. ii) No audio, including music, is allowed to be played until the event start time that has been agreed to by Licensor.
iii) Sound checks are prohibited prior to 8:00 am.
iv) During the event the sound level should maintained in compliance with Calistoga Municipal Code Chapter 8.20. Further, Licensee shall ensure that the sound is maintained at a level such that it allows for enjoyment to attendees but is not excessive and nuisance to the surrounding neighborhood. Licensee shall monitor all bass levels to ensure that the levels are not excessive and do not reverberate back against the building creating impacts to the surrounding community and shall comply with the following:
A) Licensee shall ensure that sound levels in the grandstands do not exceed 75 decibels.
B) Licensee shall designate an on-site contact person with the authority to immediately reduce sound levels if directed by Licensor staff or law enforcement. Contact information for this individual shall be provided to the Licensor prior to the start of the event.
30. Licensor reserves the right at any time to change or rescind any of these Rules and Regulations, or impose other reasonable rules and regulations which in Licensor’s sole judgment Item #6.5.
4926-1473-7242 v8 7
may from time to time be necessary for the management, safety, care and cleanliness of the License Area, or any other common area for the preservation of good order therein, as well as for the convenience of other occupants and licensees thereof.
31. Licensor may waive any one or more of these Rules and Regulations for the benefit of any particular licensee, but no such waiver by Licensor shall be construed as a waiver of such Rules and Regulations in favor of any other licensee, nor prevent Licensor from thereafter enforcing any such Rules and Regulations against any or all licensees. By signing the Agreement, Licensee shall be deemed to have read these Rules and Regulations and agrees to abide by them as a condition to its use of the License Area.
32. Violations of rules and regulations listed herein may result in loss of deposit, cancellation or stopping of event, law enforcement response (Licensee will be responsible for any cost or penalties associate with the same) and loss of ability to utilize Fairgrounds in the future.
Item #6.5.
4926-1473-7242 v8 8
Item #6.5.
(Calistoga) License Agreement with Ripe
Productions LLC FINAL - Single Signature
Final Audit Report 2025-10-22
Created: 2025-10-20
By: Sheli Wright ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAl1Uj74OXW6tkfxKKV923Cbl9JU41Jy-t "(Calistoga) License Agreement with Ripe Productions LLC FIN AL - Single Signature" History
Document created by Sheli Wright ([email protected]) 2025-10-20 - 4:32:01 PM GMT
Document emailed to Seth Cripe ([email protected]) for signature 2025-10-20 - 4:32:05 PM GMT
Email viewed by Seth Cripe ([email protected])
2025-10-22 - 4:56:06 PM GMT
Document e-signed by Seth Cripe ([email protected])
Signature Date: 2025-10-22 - 4:57:29 PM GMT - Time Source: server Agreement completed.
2025-10-22 - 4:57:29 PM GMT
Item #6.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Nov 04 2025
Subject: Consideration of a Resolution Accepting a Donation for a Memorial Bench DESCRIPTION:
Consideration of a Resolution Accepting a Donation from the Boy/Cub Scouts of Calistoga.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The Public Works Department has received an offer from the Boy/Cub Scouts of Calistoga for a donation in the amount of $4,434.47 to purchase and install a six-foot memorial bench with an engraved plaque to read, “Calistoga Scout Troop 7018 & Pack 7104 for years of dedication and community service to the citizens of Calistoga”. They have requested that the bench be installed at the Pioneer Cemetery.
Cost of Bench and Installation:
6' Cast Bench, Steel Seat, Black Powder Coat $1,596.00
Cast Bronze Plaque $410.00
Napa County Sales Tax 7.75% $155.47
Freight $530.00
Installation by Public Works Staff $1,743.00
Total Donation $4,434.47
FINANCIAL IMPACT:
None.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
ATTACHMENT(S):
1. Draft Resolution
2. Ross Recreation Quote
Item #6.6.
3. Photo of Site
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Oct 21 2025 Connie Cardenas, Admin. Services Director Approved - Oct 21 2025 Mitch Celaya, Interim City Manager Approved - Oct 26 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #6.6.
RESOLUTION NO. 2025-XXX
ADOPTED XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A
DONATION FROM THE BOY/CUB SCOUTS OF CALISTOGA AND INSTALL A MEMORIAL BENCH IN DEDICATION TO CALISTOGA SCOUT TROOP 7018 AND PACK 7104
WHEREAS, the Public Works Department has received an offer for a donation in the amount of $4,434.47 from the Boy/Cub Scouts of Calistoga, to purchase and install a six-foot memorial bench with an engraved plaque to read, “Calistoga Scout Troop 7018 & Pack 7104 for years of dedication and community service to the citizens of Calistoga; and
WHEREAS, staff has determined that the funds are sufficient to purchase and install a six-foot memorial bench at the Pioneer Cemetery; and WHEREAS, the Public Works Department recommends acceptance of the donation and approval of the bench installation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. The City Council of the City of Calistoga hereby authorizes the acceptance of a donation in the amount of $4,434.47 from the Boy/Cub Scouts of Calistoga for purchase and installation of a six-foot memorial bench at the Pioneer Cemetery.
PASSED, APPROVED AND ADOPTED this 4
th day of NOVEMBER, 2025. I,
YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________________ ____________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.
ATTACHMENT 2
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Item #6.6.
Southwest of top road all the way at the end.
ATTACHMENT 3 Item #6.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Stepp, Deputy City Manager
Meeting: City Council - Nov 04 2025
Subject: Zoning Ordinance #778 Amending Title 17 of the Calistoga Municipal Code to Add Chapter 17.34 (Short-Term Rentals) and Update Related Definitions DESCRIPTION:
Consider ordinance #778 of the City of Calistoga amending Title 17 of the Calistoga Municipal Code to add Chapter 17.34 (Short-Term Rentals), and set the ordinance for adoption at the next regular City Council meeting.
RECOMMENDATION:
Consider Approving the Ordinance Amendment
SUMMARY:
The Calistoga City Council previously directed staff to prepare a zoning ordinance amendment to strengthen and clarify the City’s prohibition on short-term rentals—referred to in the zoning code as “transient occupancies of dwelling units.” Although STRs have never been permitted, either by right or through a use permit, the Municipal Code did not contain explicit language defining this restriction or providing a robust enforcement framework.
The Planning Commission conducted a duly noticed public hearing on October 8, 2025. It adopted a resolution, recommending that the City Council adopt the ordinance and find it exempt from the California Environmental Quality Act (CEQA).
ANALYSIS:
The proposed ordinance, titled “An Ordinance of the City Council of the City of Calistoga Amending Title 17 of the Calistoga Municipal Code to Add Chapter 17.34 (Short-Term Rentals),” establishes a comprehensive, citywide prohibition on short-term rentals (STRs). It introduces enforceable standards to support regulatory clarity and compliance.
The ordinance explicitly bans STRs across all Calistoga zoning districts. This includes any use of a dwelling or part of it to provide lodging for payment for less than thirty days in a row. Hosting platforms like Airbnb, VRBO, and similar services are also barred from completing or helping with bookings for STRs within the city. These rules reinforce the City’s long-standing stance that STRs are not permitted under its zoning laws and formalize that position with clear, enforceable language.
To support implementation and enforcement, the ordinance introduces several new definitions within Chapter 17.34. Terms such as “short-term rental,” “hosting platform,” “booking transaction,” “operator,” and “dwelling unit” are clearly defined. These definitions provide a legal framework for Item #7.1.
distinguishing between unlawful STR activity and permitted land uses, supporting more consistent enforcement efforts.
The ordinance also designates enforcement authority and a tiered penalty system. Violations of the STR prohibition are punishable by administrative citations and fines starting at $1,000 per violation.
For violations that endanger public health and safety, increased fines are permitted under Government Code Section 36900(d): $1,500 for a first offense, $3,000 for a second offense within one year, and $5,000 for each additional offense within that same period. Each day a violation persists counts as a separate offense. Additionally, the ordinance authorizes the City to issue subpoenas to hosting platforms to obtain address-level data or booking history for any active listings within the City of Calistoga.
The ordinance qualifies for exemption from the California Environmental Quality Act (CEQA) under two provisions:
Section 15061(b)(3) (Common Sense Exemption), which applies because the ordinance does not result in a physical change to the environment, and Section 15301 (Existing Facilities), which applies to regulatory actions involving no expansion or alteration of existing structures.
Lastly, the ordinance states that its provisions are declaratory of existing law. Short-term rentals have never been permitted under Calistoga’s zoning regulations. The ordinance makes this longstanding interpretation explicit and enforceable, enhancing clarity for property owners, platform operators, and City enforcement staff.
FINANCIAL IMPACT:
Illegal short-term rentals negatively impact the City in two key ways: they result in lost Transient Occupancy Tax (TOT) revenue and consume significant staff time to investigate and resolve violations. The proposed amendments aim to enhance the City’s capacity to identify, manage, and penalize illegal short-term rental operators. By strengthening enforcement tools and requiring compliance, the ordinance helps ensure that visitor accommodations occur through properly permitted hospitality businesses. This approach supports the collection of TOT revenue. At the same time, the new fee structure serves both as a deterrent to illegal activity and a means to recover staff costs associated with enforcement.
CEQA STATUS:
The ordinance is exempt from the California Environmental Quality Act (CEQA) under: Section 15061(b)(3) (Common Sense Exemption), as the ordinance does not result in a physical change to the environment; and Section 15301 (Existing Facilities), as it involves no expansion or alteration of existing structures.
ATTACHMENT(S):
Short Term Rental Code Amendment 17.34
APPROVAL(S):
Greg Desmond, Planning & Building Director Approved - Oct 27 2025 Connie Cardenas, Admin. Services Director Approved - Oct 27 2025 Mitch Celaya, Interim City Manager Approved - Oct 27 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #7.1.
Item #7.1.
4926-6082-7752 v4
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AMENDING TITLE 17 OF THE CALISTOGA MUNICIPAL CODE TO ADD CHAPTER
17.34 (SHORT-TERM RENTALS)
WHEREAS, the City of Calistoga seeks to preserve the residential character of its neighborhoods, protect housing opportunities for residents, and ensure that visitor accommodations occur only in properly licensed and regulated lodging facilities such as hotels, motels, and bed and breakfast inns; and
WHEREAS, the operation of Short-Term Rentals in Dwelling Units undermines this objective by converting housing stock intended for residents into transient use and introducing commercial activity into residential zones; and WHEREAS, the operation of Short-Term Rentals can create adverse secondary effects, including increased noise, traffic, parking congestion, and safety concerns, that are inconsistent with the quiet enjoyment of residential neighborhoods; and WHEREAS, under the City’s Zoning Ordinance, Short-Term Rentals in Dwelling Units have never been listed as a permitted or conditional use in any zoning district, and this ordinance is declaratory of existing law; and
WHEREAS, hosting platforms such as Airbnb, VRBO, and others facilitate the booking and operation of Short-Term Rentals in violation of City law, undermining enforcement and exacerbating adverse neighborhood impacts; and WHEREAS, the operation of Short-Term Rentals contrary to the City’s zoning and licensing requirements constitutes a public nuisance, threatening the health, safety, and welfare of residents; and
WHEREAS, Calistoga Municipal Code section 17.04.636.5 defines “transient commercial occupancies of Dwelling Units” as the unpermitted commercial use of a Dwelling Unit for fewer than 30 consecutive days, and such uses are expressly prohibited in all residential zoning districts pursuant to CMC §§ 17.14.020(D),
17.16.020(D), 17.18.020(D), and 17.19.020(D); and
WHEREAS, the City Council enacts this Ordinance to strengthen enforcement of the City’s existing prohibitions on transient commercial occupancies of Dwelling Units, including through enhanced fines and regulation of hosting platforms; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS FOLLOWS:
SECTION 1; Recitals
Item #7.1.
4926-6082-7752 v4
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 2; Chapter 17.34 PROHIBITION OF SHORT-TERM RENTALS is hereby added to Title 17 of the Calistoga Municipal Code to read as follows:
“Section 17.34.010 Purpose
The purpose of this chapter is to set forth regulations prohibiting ShortTerm Rentals, to protect the residential character of Calistoga’s neighborhoods and is declaratory of existing law.
Section 17.34.020 Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
A. “Booking Transaction” means any reservation or payment service, whether provided directly or through a hosting platform or other intermediary, that facilitates a Short-Term Rental of a Dwelling Unit, or portion thereof, within the City of Calistoga in exchange for consideration.
B. "Hosting Platform" means a marketplace in whatever form or format which facilitates Short-Term Rentals through advertising, matchmaking, or any other means, using any medium of facilitation, and from which the Operator of the platform derives revenues, including fees from Booking Transactions or advertising revenue, from providing or maintaining the marketplace.
C. “Operate" means the operation of a Short-Term Rental, and includes the acts of establishing, offering, maintaining, or listing for rent a ShortTerm Rental or Short-Term Rental Property.
D. “Operator” means the Person who offers, maintains or lists for rent a Short Term Rental or Short-Term Rental property.
E. "Person" means any natural Person, firm, association, partnership, business trust, corporation, company, or organization of any kind.
F. "Dwelling unit" means a room or connected rooms constituting a separate housekeeping establishment containing independent cooking and sleeping facilities for occupancy by its owner(s), or by tenants who rent or lease the unit for a period of thirty (30) or more consecutive days.
Item #7.1.
4926-6082-7752 v4
For purposes of this chapter, “Dwelling Unit” does not include a hotel, motel, bed and breakfast inn, inn, or resort, each as defined in this Title.
G. "Short-Term Rental" or "Short-Term Rental Property" means a Dwelling Unit, or any portion of a Dwelling Unit, that is rented or offered for rent for a period of 30 consecutive days or less.
Section 17.34.030 Prohibition on Short-Term Rentals and Booking Transactions
A. No Person shall Operate, any Short-Term Rental or Short-Term Rental Property within the City of Calistoga.
B. No hosting platform shall complete or facilitate a Booking Transaction for any Short-Term Rental or Short-Term Rental Property located within the City unless the use is expressly authorized by this Code.
Section 17.34.040 Violations and enforcement
A. The City may issue a notice of violation or administrative citation for any violation of this chapter to any Person, Operator or Hosting Platform for a violation of any provision of this chapter or other provisions of the Code pursuant to Title 1 of this Code.
B. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation for which a notice of violation or administrative citation may be issued by the City.
C. A violation of any provision of this chapter, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. The fine amount for each violation shall be one thousand dollars ($1,000.00).
Notwithstanding the preceding sentence or any other section of this chapter, a violation of this chapter may, in the discretion of the enforcement officer, be charged and prosecuted as an infraction.
D. Pursuant to Government Code Section 36900(d), for infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same provision within one (1) year. For purposes of this subsection, operation of a Short-Term Rental in violation of this chapter shall be deemed to pose a threat to public health or safety.
Item #7.1.
4926-6082-7752 v4
E. For fines imposed under Section 17.34.040.D., the City Manager or their designee may grant a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that they have made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations.
F. The City Manager, or designee, shall have the authority to request the City Attorney to issue and serve administrative subpoenas on hosting platforms and/or Operators to obtain specific information regarding Booking Transactions for Short-Term Rental listings located in the City, including, but not limited to, the names of the Persons responsible for each listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the Booking Transaction violates this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty (30) days from the date of service. A Person that has been served with an administrative subpoena may seek judicial review during that thirty day period.”
SECTION 3: Compliance with CEQA
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. Additionally, this Ordinance is exempt under CEQA Guidelines Section 15301 (Class 1 – Existing Facilities), because it regulates the use of existing residential Dwelling Units by prohibiting their use as Short-Term Rentals. The Ordinance involves negligible or no expansion of existing or former uses of such Dwelling Units and does not authorize any new construction, redevelopment, or physical changes to the environment.
SECTION 6: Severability
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, Item #7.1.
4926-6082-7752 v4
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 7: Effective Date
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 8: Publication
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 November 4, 2025. It was passed and adopted at a regular meeting of the Calistoga City Council on November 18, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Donald Williams,, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Yudiana Galvan, CMC, City Clerk Michelle Marchetta Kenyon, City Attorney
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: John Chase, Building Official
Meeting: City Council - Nov 04 2025
Subject: 2025 California Building Standards Code Adoption DESCRIPTION:
Adoption of An Ordinance of the City Council of the City of Calistoga repealing Calistoga Municipal Code Chapters 15.01, General Provisions, 15.04, Administrative Code, 15.08, California Building Code, 15.12, California Residential Code, 15.16, California Electrical Code, 15.20, California Mechanical Code, 15.24, California Plumbing Code, 15.28, California Energy Code, 15.32, California Historical Building Code, 15.36, California Fire Code, 15.38, California Wildland Urban Interface Code, 15.40, California Existing Building Code, 15.44, California Green Building Standards, 15.48, California Reference Standards of Title 15, Building Standards Codes; and adopting the 2025 California Building Standards Code, Title 24, as adopted by the California State Building Standards Commission, with local amendments.
RECOMMENDATION:
Consider Approving the Ordinance Amendment
SUMMARY:
The last update to the City’s building code was conducted in November 2022 when the City Council adopted the 2022 California Building Standards Code. Every three years, the California Building Standards Commission (CBSC) reviews the newest model codes published by various independent code-developing bodies. This year, the 2025 triennial codes were approved by the CBSC and will be effective January 1, 2026.
The significant changes to California's 2025 Building Energy Standards (effective January 1, 2026) focus on promoting heat pumps, enhancing electric-readiness, and improving overall building efficiency. Other key updates in the 2025 California Building Code (CBC) address modern hazards, particularly lithium-ion battery storage facilities, and modernize code administration.
A new 2025 California Wildland-Urban Interface (WUI) Code, Part 7 of Title 24, is a new standalone code that consolidates previous WUI regulations into a single location for improved consistency in construction and fire safety standards for areas susceptible to wildfires, and one new local amendment has been added for increased roof safety requirements for the City of Calistoga.
ANALYSIS:
The City may adopt local amendments to the state codes where local conditions warrant more restrictive regulations. However, the State has increased the level of regulation in the Fire Code and CalGreen by substantial margins – refer to Attachment 2 for a summary of significant changes in Item #7.2.
code from 2022 to 2025 in both the Fire Code and CalGreen. In the case of Calistoga, climatic, geographical, and topographical conditions justify a more restrictive code. These amendments are found in the draft building, residential, and fire code sections of the ordinance. They are consistent with other neighboring jurisdictions and mostly carried over from the City’s last building standards code adoption in 2022.
If the City does not adopt the new state codes by January 1, 2026, the City would be required to apply them in their entirety, without any local amendments, when processing building and grading permit applications.
FINANCIAL IMPACT:
The adoption of the 2025 California Building Standards Codes will not have a fiscal impact on the City.
CEQA STATUS:
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines.
ATTACHMENT(S):
ATTACH 1 - 2025 building code upate - ordinance (1) (1) ATTACH 2 - 2025 building code upate - code language
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Oct 28 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Oct 28 2025 Item #7.2.
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA REPEALING CALISTOGA MUNICIPAL CODE CHAPTERS
15.01 GENERAL PROVISIONS, 15.04 ADMINISTRATIVE CODE, 15.08 CALIFORNIA BUILDING CODE, 15.12 CALIFORNIA RESIDENTIAL
CODE, 15.16 CALIFORNIA ELECTRICAL CODE, 15.20 CALIFORNIA MECHANICAL CODE, 15.24 CALIFORNIA PLUMBING CODE, 15.28
CALIFORNIA ENERGY CODE, 15.32 CALIFORNIA HISTORICAL
BUILDING CODE, 15.36 CALIFORNIA FIRE CODE, 15.38 CALIFORNIA WILDLAND URBAN INTERFACE CODE, 15.40 CALIFORNIA EXISTING BUILDING CODE, 15.44 CALIFORNIA GREEN BUILDING
STANDARDS AND 15.48 CALIFORNIA REFERENCE STANDARDS OF
TITLE 15, BUILDING STANDARDS CODES; AND ADOPTING THE
2025 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, AS
ADOPTED BY THE CALIFORNIA STATE BUILDING STANDARDS
COMMISSION, WITH LOCAL AMENDMENTS
WHEREAS, the International Code Council publishes model codes that provide jurisdictions such as the City of Calistoga with a complete set of model building-related regulations for adoption. These model codes are updated approximately every three years to reflect the development of improved building construction techniques; and WHEREAS, in 2025, the California Building Standards Commission completed the adoption and approval of the California Building Standards Codes, commonly referred to as Title 24 of the California Code of Regulations, which are based on these model codes; and
WHEREAS, use of the most up-to-date codes is necessary and proper to ensure uniformity in the implementation of building regulations for new construction, alterations, repairs, demolition, maintenance, and use of any building or structure in the City of Calistoga; and
WHEREAS, the City's codes were last updated on December 6, 2022, when the City Council approved Ordinance No. 757 adopting the 2022 California Building Standards Code and related family of codes; and
WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, the governing body of the City of Calistoga, in its ordinance adopting the State Building Standards Code and uniform industry codes, may establish amendments which are more restrictive in nature than those regulations adopted by the State, and the City Council, based on materials presented and recommendations of the Building Official, Item #7.2.
Fire Chief, Planning and Building Director and the Calistoga Building Standards Advisory and Appeals Board, finds that it is necessary to make modifications to the California Building Standards Code and to adopt or not adopt certain State Code appendices in order to best protect the health, safety and welfare of the citizens of Calistoga, based on local climatic, geographical and/or topographical conditions. As such, the City Council finds that the following local conditions exist:
Climate - The city, on average, experiences an approximate annual rainfall of 38 inches.
During the winter months, the city may experience periods of heavy rain, which causes local flooding and erosion, and contributes to slope instability. Winter storms are often accompanied by high winds, which uproot trees and damage power lines. The city also experiences periodic days of heavy fog, which can delay the response time for firefighting apparatus, and prevent the early discovery of structure fires.
Wind is a factor in the spread of fire in that burning embers are carried to adjacent exposed areas. Calistoga has a characteristic southerly wind, which originates from the San Francisco Bay and becomes a factor in the control of fires. Further, in the dry season, Calistoga experiences an occasional north wind of significant velocity, which is recognized by fire officials to be a significant concern with regard to fire spread. During the dry period, temperatures can exceed 100 degrees. These temperatures are often accompanied by low humidity, creating an extremely- hazardous fire condition. With development spreading into Calistoga's brush-covered foothill areas, wind-driven fires can have severe consequences, as has been demonstrated on several occasions throughout the state.
Geographical - The city is susceptible to seismic hazards resulting from movement along several known faults. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is a possibility of earthquake-induced landslides. Fire is often the major form of damage resulting from earthquakes. Most earthquake-induced fires start because of damage to gas lines, power lines or heat producing appliances. Such fires expose residential and other development within the city to an increased risk of conflagration. In addition, unstable slopes have been identified in the city, which present a significant potential for landslides. In the event of a major earthquake or landslide, many areas of the city may not be accessible to emergency equipment and, if bridges or roads are damaged, the city may be isolated from outside assistance. Several areas within the city offer poor access for the delivery of public safety services because of the severity of slopes and the existence of natural barriers such as the Napa River and its tributaries such as Garnett Creek and Cyrus Creek.
Topographical - The city's borders include hilly terrain and consequently, access roads Item #7.2.
are narrow, winding and steep. The grades of these roadways sometimes exceed 25% and road widths of less than 12 feet are not uncommon. The Napa River and other small waterways run directly through the city and could impact emergency response during disasters. The water supply within the city is directly affected by the topographical layout. The water distribution system consists of pressure zones, which carry water by gravity from various reservoirs. Water flow within the city can vary from less than 100 gallons per minute to flow in excess of 1,000 gallons per minute. This wide variation causes major problems to development as well as to fire suppression efforts. The hilly terrain contributes to drainage, erosion and slope instability problems for some development.
WHEREAS, this proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines; and WHEREAS, the City Council reviewed and considered this ordinance at a public hearing on October 14, 2025, noticed in accordance with state and local law, and which included written and oral staff reports, and comments received from the general public and interested agencies and parties.
NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE
Findings. The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this ordinance.
SECTION TWO
Repeal of Existing Codes. Calistoga Municipal Code Chapters 15.01 General Provisions, 15.04 Administrative Code, 15.08 California Building Code, 15.12 California Residential Code, 15.16 California Electrical Code, 15.20 California Mechanical Code,
15.24 California Plumbing Code, 15.28 California Energy Code, 15.32 California Historical Building Code, 15.36 California Fire Code, 15.40 California Existing Building Code, 15.44 California Green Building Standards and 15.48 California Reference Standards of Title 15, Building Standards Codes, are hereby repealed.
SECTION THREE
Prior References. Prior references to the codes referenced in Section Two shall be construed to apply to the corresponding provisions of the codes adopted herein.
SECTION FOUR
Adoption of Building Standards Code. Calistoga Municipal Code Title 15 Building Item #7.2.
Standards Codes Chapters 15.01 General Provisions, 15.04 Administrative Code, 15.08 California Building Code, 15.12 California Residential Code, 15.16 California Electrical Code, 15.20 California Mechanical Code, 15.24 California Plumbing Code, 15.28 California Energy Code, 15.32 California Historical Building Code, 15.36 California Fire Code, 15.38 California Wildland Urban Interface Code, 15.40 California Existing Building Code, 15.44 California Green Building Standards and 15.48 California Reference Standards of Title 15, Building Standards Codes, are hereby adopted to read as set forth in Exhibit B attached hereto.
SECTION FIVE
Environmental Review. This action has been reviewed in accordance with the California Environmental Quality Act, CEQA Guidelines Section 15061(b)(3), the "general rule" exemption. The City has determined that because it can be seen with certainty that there is no possibility that the proposed amendments will have an impact on the environment, this ordinance is therefore exempt from CEQA under the general rule.
SECTION SIX
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION SEVEN
Effective Date. This ordinance shall take effect thirty (30) days after its passage. Before the expiration of fifteen (15) days after its passage by the City Council, the City Clerk shall cause to be published a summary of this ordinance in a newspaper of general circulation published and circulated in the City of Calistoga.
THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 4
th day of November 2025, and was passed and adopted
at a regular meeting of the Calistoga City Council on the 18th day of November 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Item #7.2.
____________________________
Donald Williams, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Yudiana Galvan, City Clerk Michelle Kenyon, City Attorney Item #7.2.
Exhibit B
Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.010 - Scope
15.01.020 - Building Division
15.01.010 - Scope
The provisions of this chapter shall apply to all buildings and structures located in the city.
15.01.020 Building Division
A. There is established a Building Division for the City to perform technical plan checks, building inspections, code enforcement, mobile home inspection and cross connection control services; and to enforce state-mandated codes related to construction.
B. The Building O&icial thereof shall supervise and have charge of all permit issuance and inspections of work relating to and the enforcement of the construction regulations adopted in this title.
Chapter 15.04
ADMINISTRATIVE CODE
15.04.010 Administrative Code
Adoption of California Code of Regulations Title 24, Part 1: California Administrative Code. 2025 Edition, as published by the California Building Standards Commission is adopted and made a part of this Title by reference.
Chapter 15.08
BUILDING CODE
Sections:
15.08.010 - Building Code
15.08.015 - Definitions
15.08.020 - Amendments
15.08.010 Building Code
For the purpose of establishing proper regulations for building construction, the California Code of Regulations Title 24 Part 2 Volumes 1 and 2 and the current edition of the International Building Code, the 2024 Edition Volumes 1 and 2 and its Appendix B, Board of Appeals; Appendix C, Agricultural Buildings; Appendix F, Rodent Proofing; Appendix H, Signs; Appendix I, Patio Covers, Appendix J, Grading; and Appendix P, Sleeping Lofts; Q Emergency Housing thereof as published by the International Code Council, are adopted with the following amendments and made a part of this Title by reference.
Item #7.2.
15.08.020 Amendments
The California Building Code is amended as follows.
A. Part 1 - Scope and Application
California Building Code Section 105.2 is amended as follows:
Section 105.2 Building (1) One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet, (11.15 m2). The height of a one story detached accessory building shall not exceed 12 feet at any point or as specified by Calistoga Municipal Code Title 17, Zoning.
Section 105.2 Building (6) Platforms, sidewalks, and driveways not more than 30 inches (762 mm) above adjacent grade, not over any basement or story below and are not part of an accessible route.
Part 2 - Administration and Enforcement
California Building Code Section 109.4 is amended as follows:
Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building o&icial that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to and not to exceed five times the permit fee required by this code. The minimum investigation fee has been set forth in the fee schedule adopted by the City. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
Building Code Section 109.7 is added as follows:
Section 109.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviations from plans requiring the approval of the Building O&icial. To obtain a re-inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re-inspection fee in accordance with Table 1 or as set forth in the fee schedule adopted by the City. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
Item #7.2.
Building Code Section 109.8 is added as follows:
Section 109.8 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building o&icial, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by CMG Chapter 1.08. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to the minimum investigation fee set forth in any adopted fee schedule and shall not exceed five times the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
B. CHAPTER 2 DEFINITIONS
The following definition in California Building Code Chapter 2 is amended as follows:
TENT. A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents that it protects.
The following definitions are added to California Building Code Chapter 2:
RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, portable outdoor fireplace, barbeque grill or barbeque pit for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
UNWARRANTED ALARM. The giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists.
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, a&ects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms a&ected by such changes shall be included in computing floor areas for purposes of applying this definition.
This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.
Item #7.2.
C. CHAPTER 5 GENERAL BUILDING HEIGHTS AND AREAS
California Building Code Section 502.1 is amended as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetic letters. Numbers shall not be spelled out. Where required by the fire code o&icial, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the fire code o&icial, a monument, pole, or other approved illuminated sign or means shall be used to identify the structure. Address identification shall be maintained.
Building Code Section 502.2.1 is added as follows:
502.2.1 Numbers for one- and two-family dwellings. Each address identification character shall be not less than four (4) inches high with a minimum stroke width of onehalf (0.5) inch.
Building Code Section 502.2.2 is added as follows:
502.2.2 Numbers for other than one- and two-family dwellings. Each address identification character shall be not less than twelve (12) inches high with a minimum stroke width of one (1) inch. Suite and unit directional numbers shall be not less than six (6) inches high with a minimum stroke width of three quarter (0.75) inch.
Building Code Section 501.3 is added as follows:
502.3 Complex directory. Where two or more buildings cannot be viewed from the public way or when determined to be necessary by the fire code o&icial, an illuminated complex directory, monument, pole, sign or means approved by the fire code o&icial shall be used to identify the structures at the main entrances to the property.
D. CHAPTER 9 FIRE PROTECTION SYSTEMS
Building Code Section 903.1.2 is added as follows:
903.1.2 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section 15.12.015).
Building Code Section 903.2 is amended as follows:
903.2 Where required. Approved automatic fire sprinkler systems shall be provided in the locations described in Sections 903.2.1 through 903.2.21 and in items 1-5 below:
1. Newly constructed buildings or facilities, except detached Group U occupancies not more than one thousand (1,000) square feet in floor area and provided with exterior wall and opening protection as per Table 602 of the California Building Code.
2. Newly created, attached, accessory dwelling units which meet the definition of a substantial remodel.
Item #7.2.
3. All other existing buildings, fire sprinkler systems may be required by the fire chief in accordance with the following:
3.1 All buildings where improvements occur during any three (3) year period which cumulatively meet the definition of a substantial remodel.
3.2. All buildings, except R-3 occupancies, in excess of three thousand (3,000) square feet which have more than ten percent (10%) floor area added within any three (3) year period. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code o&icial.
3.3. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than 50% of the square footage of the existing building.
3.4. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building.
4. All public storage facilities. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code o&icial.
5. All tunnels used for the transportation of people or any type of vehicle.
The requirements for fire sprinkler systems in this code section are not meant to disallow the provisions for area increase, height increase, or fire-resistive-rated substitution if otherwise allowed by this code.
Exceptions to this Section:
One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.
Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, as defined by Govt. Code 65852.2. and 65852.22, if fire sprinklers are not required for the primary residence.
California Building Code Section 903.2.1 is amended to read as follows:
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.
California Building Code Sections 903.2.1.1 through 903.2.1.5 are deleted.
California Building Code Section 903.2.1.6 is renumbered and amended as follows:
903.2.1.6 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for Group A-2 and 300 for other Group A Occupancies, an automatic sprinkler system shall be provided throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2.
California Building Code Section 903.2.1.7 is deleted.
California Building Code Section 903.2.2 is amended to read as follows:
903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout buildings containing an ambulatory care facility.
California Building Code Section 903.2.3 is amended to read as follows:
Item #7.2.
903.2.3 Group E. An automatic sprinkler system shall be installed throughout buildings containing a Group E occupancy. For public school state-funded construction projects see Section 903.2.19.
California Building Code Section 903.2.4 is amended to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.
California Building Code Section 903.2.4.1 through 903.2.4.3 are deleted.
California Building Code Section 903.2.5 is amended to read as follows:
903.2.5 Group H. An automatic sprinkler system shall be installed throughout buildings containing a Group H occupancy.
California Building Code Section 903.2.7 is amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where gross floor area exceeds 500 square feet (46.4 m2).
California Building Code Section 903.2.8.1 is amended to read as follows:
903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code.
California Building Code Section 903.2.9 is amended to read as follows:
903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.
California Building Code Sections 903.2.9.1 through 903.2.9.4 are deleted.
California Building Code Section 903.2.10 is amended to read as follows:
903.2.10 Group S2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S2 occupancy.
California Building Code Section 903.2.11 is amended as follows:
903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U occupancies not greater than 1,000 square feet (928 m2), an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.
California Building Code Section 903.2.11.3 exceptions are deleted.
California Building Code Section 903.2.11.7 is added as follows:
903.2.11.7 Undetermined use design. Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet (278.4 m2).
California Building Code Section 903.2.11.8 is added as follows:
903.2.11.8 High-piled storage. An automatic sprinkler system shall be provided throughout as required in California Fire Code Chapter 32 in all buildings where storage is in high-pile or rack storage arrays.
Item #7.2.
California Building Code Section 903.2.22 is added as follows:
903.2.22 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section 15.12.015).
Exceptions to this Section:
One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.
Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, as defined by Govt. Code 65852.2 and 65852.22, if fire sprinklers are not required for the primary residence.
California Building Code Section 903.2.23 is added as follows:
903.2.23 Change in Occupancy. For any change of occupancy when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the fire code o&icial and building code o&icial, including conversions of buildings to singlefamily residences, accessory dwelling units, bed and breakfasts, inns, lodging houses or congregate residences for 10 or fewer persons or other similar uses, an automatic fire sprinkler shall be installed throughout.
California Building Code Section 903.4.2 is amended as follows:
903.4.2 Alarms. One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
California Building Code Section 905.3.1 item #2 is amended as follows:
905.3.1. #2. Buildings that are three or more stories in height. California Building Code Section 905.9 exception #2 is deleted.
California Building Code Section 912.2 is amended as follows:
912.2 Location. With respect to hydrants, driveways, building and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be within 100 feet of a fire hydrant or approved by the fire code o&icial (Also see Section 507.5.1.1).
E. SECTION J110 EROSION CONTROL
California Building Code Appendix J 110.1 is amended to read as follows:
Appendix J 110.1. Erosion control/ sediment control plans are required for the following:
(i) Grading operations performed between October 1st and April 15th. (ii) Grading on hillsides with a slope of 10% or greater.
Erosion control plans shall reference and be in conformance with the "Erosion and Sediment Control Field Manual" published by the San Francisco Regional Water Quality Control Board, and the State Water Quality Control Board Construction General Permit (WQO 99-08-DWQ or latest adopted order).
Item #7.2.
Chapter 15.12
RESIDENTIAL CODE
Sections:
15.12.010 - Residential Code
15.12.015 - Definitions
15.12.020 - Amendments
15.12.010 Residential Code
California Code of Regulations Title 24, Part 2.5: California Residential Building Code 2022 Edition as published by the International Code Council, with Appendix AA (Board of Appeals), Appendix BF (Patio Covers), Appendix BH (Automatic Vehicle Gates), Appendix BL (Hemp-Lime Construction), Appendix BM (3D-Printed Building Construction), Appendix BO (Existing Buildings and Structures) Appendix BG (Sound Transmission), Appendix BB (Tiny Houses), Appendix BI (Light Straw-Clay Construction), Appendix BJ (Strawbale Construction), Appendix CI (Swimming Pool Safety Act),) and Appendix CJ (Emergency Housing), referred to as the "International Residential Code" or "IRC," is adopted with the following amendments and made a part of this Title by reference.
15.12.015 Definitions
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.
15.12.020 Amendments
The California Residential Code is amended as follows, where wording additions are denoted by underlining and deletions are noted by strikeout. Other amendments are noted in italics.
A. Division II Administration
Section R105.2, exception 1 is amended as follows:
R105.2 Work exempt from permit; Building.
1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m2). The height of the one-story detached accessory building shall not exceed 12 feet at any point.
California Residential Code Section R105.2, exception 10 is amended as follows:
Item #7.2.
10. Platforms and decks not more than 30 inches (762 mm) above adjacent grade at any point, are not attached to a dwelling and do not serve as the exit door required by Section R311.4.
California Residential Code Chapter 1 Section R108.6 is amended as follows:
R108.6 Work commencing before permit issuance. Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to and not to exceed five time the permit fee required by this code. The minimum investigation fee set forth in the fee schedule adopted by this jurisdiction. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
California Residential Code Chapter 1 Section R108.7 is added as follows:
R108.7 Re-inspection. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector. For failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re-inspection fee in accordance with Table 1 or as set forth in the fee schedule adopted by the jurisdiction. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
California Residential Code Chapter 1 Section R108.8 is added as follows:
R108.8 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to CMC Chapter 1.08. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to the minimum investigation fee set forth in the adopted fee schedule and shall not exceed five times the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
Item #7.2.
B. CHAPTER 3 BUILDING PLANNING
California Residential Code Chapter Section R313.1 is amended as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed throughout all townhouses.
Exceptions:
1. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed unless the alterations or additions meet the definition of a substantial remodel.
2. Detached Group U occupancies of 1,000 sq. ft. or less in floor area.
3. Detached pool houses of 1,000 sq. ft. or less in floor area within 50 feet of the pool and limited to a single bathroom.
4. A room above a detached garage used for storage only that does not contain a bathroom, cooking or refrigeration facilities or connections for such facilities.
5. Carports of non-combustible construction.
California Residential Code Chapter 1 Section R313.2 is amended as follows:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic sprinkler system shall be installed throughout all one- and two- family dwellings.
Exceptions:
1. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing buildings that are not already provided with an automatic residential fire sprinkler system unless the alterations or additions meet the definition of a substantial remodel.
2. Accessory Dwelling Unit, provided that all of the following are met:
2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2
2.2 The existing primary residence does not have automatic fire sprinklers.
2.3 The accessory detached dwelling unit does not exceed 1,200 square feet in size.
3. Detached Group U occupancies up to 1,000 sq. ft. in floor area.
4. Detached pool houses up to 1,000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
5. A room above a detached garage used for storage only that does not contain a bathroom, cooking or refrigeration facilities or connections for such facilities.
6. Carports of non-combustible construction.
California Residential Code Chapter 1 Section R313.2.3 is added as follows:
R313.2.3 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section 15.12.015).
Exceptions to this Section:
One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.
Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, if fire sprinklers are not required for the primary residence.
Item #7.2.
Chapter 15.16
ELECTRICAL CODE
Sections:
15.16.010 Electrical Code
15.16.020 Electric Vehicle Charging Stations
California Code of Regulations Title 24, Part 3: The California Electrical Code, 2025 Edition, as published by National Fire Protection Agency, otherwise identified as the National Electrical Code, 2023 Edition, referred to as the "National Electrical Code" (NEC) is adopted and made a part of this Title by reference.
15.16.020 Electric Vehicle Charging Stations
A. Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Section 65850.7.
B. Definitions.
For the purposes of this section, the following words and phrases shall be construed as defined in this section:
1. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
2. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
3. "Electronic submittal" means the utilization of one or more of the following:
a. Electronic mail or email.
b. The internet.
c. Facsimile.
C. Expedited Plan Check.
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The City's adopted checklist shall be published on the City's website.
Item #7.2.
D. Permit Application Processing.
1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
2. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City-adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until the associated building permit is finaled by the City. If the Building Official determines that the permit application is incomplete, they shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
3. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
E. Technical Review.
1. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to obtain approval of a use permit pursuant to Chapter 17.40.
2. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
F. Electric Vehicle Charging Station Installation Requirements.
1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Item #7.2.
Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
Chapter 15.20
MECHANICAL CODE
15.20.010 Mechanical Code
California Code of Regulations Title 24, Part 4: The California Mechanical Code, 2025 Edition, as published by the International Association of Plumbing & Mechanical Officials, and otherwise identified as the Uniform Mechanical Code, 2024 Edition, and referred to as the "Uniform Mechanical Code" or "UMC," is adopted and made a part of this Title by reference.
Chapter 15.24
PLUMBING CODE
15.24.010 Plumbing Code
California Code of Regulations Title 24, Part 5: California Plumbing Code, 2025 Edition as published by the International Association of Plumbing & Mechanical Officials with Appendix A (Recommended Rules for Sizing the Water Supply System), Appendix B (Explanatory Notes on Combination Waste and Vent System), Appendix C (Alternate Plumbing Systems), Appendix D (Sizing Storm Water Drainage System), Appendix I (Installation Standards), and Appendix K (Potable Rainwater Catchment Systems), otherwise identified as the Uniform Plumbing Code, 2024 Edition, and referred to as the "Uniform Plumbing Code," or "UPC," is adopted and made a part of this Title by reference.
Chapter 15.28
ENERGY CODE
15.28.010 Energy Code
California Code of Regulations Title 24, Part 6: California Energy Code, 2025 Edition, as published by the International Code Council, is adopted and made a part of this Title by reference.
Item #7.2.
Chapter 15.32
Historical Building Code
15.32.010 Historical Building Code
California Code of Regulations Title 24, Part 8: California Historical Building Code, 2025 Edition, as published by the California Building Standards Commission, is adopted and made a part of this Title by reference.
Chapter 15.36
FIRE CODE
Sections:
15.36.010 Fire Code
15.36.020 Definitions
15.36.030 Amendments
15.36.040 Establishment of limits
15.36.010 Fire Code
California Code of Regulations Title 24, Part 9: 2025 California Fire Code including Appendix Chapter 4 (Special Detailed Requirements Based on Use and Occupancy), Appendices B and BB (Fire Flow Requirements for Buildings), Appendices C and CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads), Appendix E (Hazard Categories), Appendix F (Hazard Ranking), Appendix G (Cryogenic Fluids - Weight and Volume Equivalents), Appendix H (Hazardous Materials Management Plans and Hazardous Inventory Statements), Appendix I (Fire Protection Systems - Noncompliant Conditions), Appendix J (Building Information Sign), Appendix K (Construction Requirements for Existing Ambulatory Care Facilities), Appendix L (Requirements for Fire Fighter Air Replenishment Systems), Appendix N (Indoor Trade Shows and Exhibitions), and Appendix P (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), referred to as the "International Fire Code" or "IFC," is adopted with the following amendments and made a part of this Title by reference.
15.36.020 Definitions
For the purposes of this Chapter, wherever the phrase "new construction" is used in the California Fire Code, it shall be defined as: "any work, including but not limited to, an addition, remodel, repair, renovation, or alteration of any building or structure." SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.
Item #7.2.
15.36.030 Amendments
The California Fire Code is amended as follows.
A. Division II Administration
California Fire Code Section 101.1 is added to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Calistoga, hereinafter referred to as “this code.”
California Fire Code Section 103.1 is amended to read as follows:
103.1 Creation of Agency. The Calistoga Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
California Fire Code Section 104.10.1 is added to read as follows:
104.10.1.1 Fire Prevention Bureau Personnel and Police. All sworn safety personnel assigned to the Fire and Life Safety Division, or such other full-time Fire Department officers or fire prevention personnel as may be authorized by the Chief, shall be peace officers as described in Section 830.37 of the California Penal Code and shall enforce the Penal Code, California Fire Code, and where necessary and appropriate, any sections of the Calistoga Municipal Code, California Health and Safety Code, and any other county or state fire-related laws or codes not specifically covered in any part of this Code. These police powers include the issuance of misdemeanor citations (Notice to Appear), and as approved by the Chief, carrying and use of firearms.
When requested to do so by the Fire Chief, the Chief of Police is authorized to assign such available police officers as necessary to assist the Fire Department in enforcing the provisions of this Code.
California Fire Code Section 105.2.5 is added to read as follows:
105.2.5 - Inspection and permit Fees. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for completing required inspection services and for the issuance of permits pursuant to Section 105.7 of this Code. Fire service fees may be charged to any person, firm, corporation or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire department response to the scene of such an incident. A copy of fee schedules shall be kept in the office of the City Clerk and the office of the Fire Chief and shall be available for public inspection.
California Fire Code Section 105.5 is amended to read as follows:
105.5 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.5.2.1 through 105.5.58.
California Fire Code Section 105.5.59 is amended as follows:
105.5.59 Additional permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the Bureau of Fire Prevention prior to engaging in the following activities, operations, practices or functions:
1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties.
Item #7.2.
2. Pyrotechnics and special effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production.
3. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48.
4. Apartment house, hotel, or motel. An operational permit is required to operate an apartment house, hotel or motel.
5. Care facilities. An operational permit is required to operate a care facility as listed:
a. Day care with an occupant load greater than six (6) persons. b. Residential or commercial institutional care facility. Occupancies complying with Health and Safety Code Section 13235 are exempt.
6. Emergency Responder Radio System. An operational permit is required to operate an Emergency Responder Radio System.
7. High rise occupancy. An operational permit is required to operate a high rise building as defined in California Code of Regulations Title 24, Part 2.
8. Model rockets rental, sale or operation. An operational permit is required to operate, manufacture, import, export, possess, store, rent or sell model rockets as defined by Health and Safety Code Section 12519.
9. Agricultural burning.
California Fire Code Section 113.3.5 is added as follows:
113.3.5 Authority to issue citations. The Fire Code Official is authorized to issue a citation to persons operating or maintaining an occupancy, premise, or vehicle subject to this code, who allows a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered or notified to do so.
California Fire Code Section 113.3.6 is added as follows:
113.3.6 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a penalty as prescribed in CMC Chapter 1.08.
California Fire Code Section 113.4 is amended to read as follows:
1.08 Violation penalties. In accordance with the provisions of CMC Chapter
1.08 and this code, any persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certification used under provisions of this code, or any person operating or maintaining any occupancy, premises, or vehicle subject to this code, fire and life safety provisions of the California Building Code, or allow any fire hazard to exist on premises under their control or who fail to take immediate action to abate a fire hazard when ordered or notified to do so by the fire code official or authorized designee shall be subject to CMC Chapter 1.08. The imposition of one penalty of any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense.
Item #7.2.
B. CHAPTER 2 DEFINITIONS
California Fire Code Section 201.5 is added as follows:
Section 201.5 Wherever the word "jurisdiction" is used in the 2022 California Fire Code and 2015 International Fire Code, it shall be understood to mean that the City of Calistoga is the local fire authority having jurisdiction (AHJ).
California Fire Code Section 202 is amended as follows:
TENT. A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.
The following are added to California Fire Code Section 202, General Definitions:
WEEDS. Vegetation which when mature bear wingy or downy seeds, or which because of having attained, or which may attain, such a large growth and being dry shall have become a fire menace, or which are otherwise noxious and dangerous to health.
C. CHAPTER 3 GENERAL PRECAUTIONS
California Fire Code Section 304.1.3.1 and 304.1.3.1.1 are added as follows:
304.1.3.1 Vegetation on non-developed parcel. Any non-developed parcel shall maintain vegetation in such manner as to reduce the potential for the ignition and/or spread of fire. 304.1.3.1.1 Vegetation management on non-developed parcel. Every property owner shall remove or destroy such weeds and/or debris on their property, on all sides of their property, including those sides next to, adjoining, or having commonality with public property, and on the abutting half of the street in front of, and alleys behind, if any, such property.
California Fire Code Section 307.1.1 is amended as follows:
Section 307.1.1 Prohibited open burning. Open burning within the city limits of Calistoga, including incinerators of all types, is prohibited.
Exceptions:
1. Agricultural burning permitted by the City of Calistoga Fire Department and regulated by the Bay Area Air Quality Management District.
2. Barbecues used for cooking purposes, provided the barbecues shall not be used for burning rubbish, paper, boxes, grass, brush or other combustible items, except charcoal, natural gas or other materials commonly used in barbecues for cooking purposes.
California Fire Code Section 307.1.2 is added as follows:
307.1.2 Prohibitions on Disposal and Burning Fires.
A. No person shall deposit any ashes, coals, charcoal, or other fire debris in a container that is combustible or may be compromised by heat, or on the floor of any building or within ten (10) feet of any woodwork or structure, unless secured in a metallic vessel.
B. No person shall deposit or throw into or on any street, sidewalk, alley or public place any paper, ashes, filth, dirt or trash of any kind.
C. No person shall bury any garbage, rubbish, recyclable, waste material, or refuse matter.
Item #7.2.
D. No person shall burn any garbage, rubbish, recyclable, waste material, refuse matter or substance, except as expressly authorized below:
1. Burns authorized by this Section shall conform to Bay Area Air Quality Management District (BAAQMD) Regulation #5, “Open Burning”, as the same may be amended from time to time, provided the burn occurs during a BAAQMD North Zone declared permissive burn day.
2. Any and all burns shall require a burning permit issued by the Calistoga Fire Department (“Burn Permit”) prior to ignition. A Burn Permit shall constitute an operational permit under Section 105 of the California Fire Code, as amended by the Calistoga Municipal Code and shall be applied for, issued, maintained, and subject to suspension or revocation in accordance with Section 106 of the California Fire Code, as amended by the Calistoga Municipal Code. Every Burn Permit shall, at a minimum, require that burning occur only between 8:00 a.m. and 5:00 p.m.
3. Agricultural burns for the purpose of initiating, continuing or maintaining agriculture as a gainful occupation. Fuels must be limited to materials grown on the site.
4. Only nonagricultural burns as described and defined in BAAQMD Regulation #5, Sections 5-401.1, 5-401.6, 5-401.7, 5-401.10, 5-401.14, 5-401.15 and 5-401.16, as those provisions may be amended from time to time.
E. Burn Permits may be suspended or revoked by the Fire Chief or their designee if it is determined that burning poses an increased hazard to public health or safety or if the permittee violates any condition of the permit, this Code, the Fire Code, or applicable state or regional air-quality regulations.
F. In addition to any requirements, all Burns must comply with the following:
1. Burns must maintain a minimum clearance of thirty (30) feet from combustibles,
2. Burns must have an adult in attendance at all times, and
3. Prior to any burn, Burn Permit holders must notify both City Police Department dispatch and Fire Department dispatch prior to any burning.
G. In the event any burn escapes control and the City determines that the cause was due to: negligent actions before or during the burn, the failure to receive a Burn Permit, or the failure to comply with any issued Burn Permit, the applicant shall be liable for all suppression costs incurred.
California Fire Code Section 308.1.6.3 is added as follows:
308.1.6.3 Sky Lanterns. Sky lanterns within the city limits of Calistoga are prohibited.
D. CHAPTER 4 EMERGENCY PLANNING AND PREPARDNESS
California Fire Code Section 401.3.2.1 is added as follows:
401.3.2.1 Unwarranted alarm notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification.
Item #7.2.
E. CHAPTER 5 FIRE SERVICE FEATURES
California Fire Code Section 503.2.7 is amended as follows:
503.2.7 Grade. A fire department access road having a grade of between 12% and 15% shall be designed to have a finished surface of grooved concrete to hold a 74,000- pound traction load. Design for grooved concrete shall be 1/4 inch (6 mm) wide by 1/4 inch (6 mm) deep and 3/4 inch (19 mm) on center. Grades exceeding 15% are not permitted.
Exception: Other approved all weather surfaces may be used if the skid resistance is equivalent to or greater than grooved concrete as certified by a registered engineer and approved by the Fire Code Official.
California Fire Code Section 505.1 is amended as follows:
505.1 Address identification. New and existing buildings shall be provided with approved illuminated address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.
Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetic letters. Numbers shall not be spelled out.
Character size and stroke shall be in accordance with Sections 505.1.1 through 505.1.2.
Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response in accordance with this code and Section 505.1.3. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the fire code official, a monument, pole, illuminated sign or other means shall be used to identify the structure.
Address identification shall be maintained.
California Fire Code Section 505.1.1 is added as follows:
505.1.1 Numbers for one- and two- family dwellings. Each address identification character shall be not less than four (4) inches high with a minimum stroke width of onehalf (0.5) inch.
California Fire Code Section 505.1.2 is added as follows:
505.1.2 Numbers for other than one- and two-family dwellings. Each address identification character shall be not less than twelve (12) inches high with a minimum stroke width of one (1) inch. Suite and unit directional numbers shall be not less than six (6) inches high with a minimum stroke width of three- quarter (0.75) inch.
California Fire Code Section 505.1.3 is added as follows:
505.1.3 Complex directory. Where two or more buildings cannot be viewed from the public way or when determined by the fire code official, an illuminated complex directory, monument, pole, sign or other approved means shall be used to identify the structures at the main entrances to the property.
California Fire Code Section 507.5.1.1 is amended as follows:
507.5.1.1 Hydrant for fire department connections. Buildings equipped with a waterbased fire protection system installed in accordance with Sections 903 through 905 shall have a fire hydrant within 50 feet of the fire department connections, or as approved by the fire code official. (Also see Section 912.2).
California Fire Code Section 510.1 exception #1 is deleted.
Item #7.2.
F. CHAPTER 9 FIRE PROTECTION SYSTEMS
California Fire Code Section 903.2 is amended as follows:
903.2 Where required. Approved automatic sprinkler systems shall be provided in the locations described in Sections 903.2.1 through 903.2.21 and in items 1-5 below:
1. Newly constructed buildings or facilities, except detached Group U occupancies not more than one thousand (1,000) square feet in floor area and provided with exterior wall & opening protection as per Table 602 of the California Building Code.
2. Newly created, attached, accessory dwelling units which meet the definition of a substantial remodel.
3. All other existing buildings, fire sprinkler systems may be required by the fire chief in accordance with the following:
3.1 All buildings where improvements occur during any three (3) year period which cumulatively meet the definition of a substantial remodel.
3.2. All buildings, except R-3 occupancies, in excess of three thousand (3,000) square feet which have more than ten percent (10%) floor area added within any three (3) year period. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.
3.3. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than 50% ., of the square footage of the existing building.
3.4. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building.
4. All public storage facilities. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.
5. All tunnels used for the transportation of people or any type of vehicle.
The requirements for fire sprinkler systems in this code section are not meant to disallow the provisions for area increase, height increase, or fire-resistive-rated substitution if otherwise allowed by this code.
Exceptions:
1. Agricultural buildings as approved by the Fire Code Official.
2. Detached pool houses accessory to Group R-3 not classified as a dwelling unit and not exceeding 1,000 square feet (9.28 m2) in gross floor area within 50 feet of the pool and limited to a single bathroom.
3. Detached non-combustible motor vehicle fuel dispensing canopies.
California Fire Code Section 903.2.1 is amended to read as follows:
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.
California Fire Code Sections 903.2.1.1 through 903.2.1.5 and Section 903.2.1.7 are deleted.
California Fire Code Section 903.2.1.6 is renumbered and amended as follows:
903.2.1.6 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for Group A-2 and 300 for other Group A Occupancies, an automatic sprinkler system shall be provided throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2.
Item #7.2.
California Fire Code Section 903.2.2 is amended to read as follows:
903.2.2 Ambulatory care facilities. An automatic sprinkler system shall beinstalled throughout buildings containing an ambulatory care facility.
California Fire Code Section 903.2.3 is amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be installed throughout buildings containing a Group E occupancy.
California Fire Code Section 903.2.4 is amended to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.
California Fire Code Section 903.2.4.1 through 903.2.4.3 are deleted.
California Fire Code Section 903.2.5 is amended to read as follows:
903.2.5 Group H. An automatic sprinkler system shall be installed throughout buildings containing a Group H occupancy.
California Fire Code Section 903.2.7 is amended as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where gross floor area exceeds 500 square feet (4.64 m2).
California Fire Code Section 903.2.9 is amended to read as follows:
903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.
California Fire Code Sections 903.2.9.1 through 903.2.9.4 are deleted.
California Fire Code Section 903.2.10 is amended to read as follows:
903.2.10 Group S2 parking garages. An automatic sprinkler system shall be provided throughout all buildings containing a Group S2 occupancy.
California Fire Code Section 903.2.10.1 through 903.2.10.2 are deleted.
California Fire Code Section 903.2.11 is amended as follows:
903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U occupancies not greater than 1,000 square feet (92.8 m2), an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.
California Fire Code Section 903.2.11.3 exception is deleted. California Fire Code Section 903.2.11.7 is added as follows:
903.2.11.7 Undetermined use design. Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet (278.7 m2).
California Fire Code Section 903.2.11.8 is added as follows:
903.2.11.8 High-piled storage. An automatic sprinkler system shall be provided throughout as required in California Fire Code Chapter 32 in all buildings where storage is in high-pile or rack storage arrays.
California Fire Code Section 903.2.22 is added as follows:
Item #7.2.
903.2.22 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section 15.12.015).
Exceptions to this Section:
One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.
Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, as defined by Govt. Code 65852.2 and 65852.22, if fire sprinklers are not required for the primary residence.
California Fire Code Section 903.2.23 is added as follows:
903.2.23 Change in Occupancy. For any change of occupancy when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the fire code official and building code official, including conversions of buildings to single-family residences, accessory dwelling units, bed and breakfasts, inns, lodging houses or congregate residences for 10 or fewer persons or other similar uses, an automatic fire sprinkler shall be installed throughout.
California Fire Code Section 903.4.2 is amended as follows:
903.4.2 Alarms. One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
California Fire Code Section 905.3.1 item #2 is amended as follows:
905.3.1. (2) Buildings that are three or more stories in height. California Fire Code Section 905.9 exception #2 is deleted. California Fire Code Section 912.2 is amended as follows: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be approved by the fire code official (Also see Section 507.5.1.1).
G. CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION
California Fire Code Section 3315.3 is added as follows:
3315.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding 40 feet (12.192 meters) in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.
California Fire Code Section 3315.4 is added as follows:
3315.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system exists within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the Item #7.2.
fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished.
H. CHAPTER 56 EXPLOSIVES AND FIREWORKS
California Fire Code Section 5601.1.6 is added as follows:
5601.1.6 Sale, use or discharge of fireworks prohibited - exception. Except for firework displays authorized pursuant to this section, it is unlawful for any person to possess, store, offer or expose for sale, sell at retail, give away or in any manner dispose of any fireworks, or to use, explode, or otherwise discharge any fireworks.
California Fire Code Section 5601.2.5 is added as follows:
Section 5601.2.5 Limits Established by Law. The limits referred to in Chapter 56 of the California Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the fire code official.
I. CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
California Fire Code Section 5701.6 is added as follows:
5701.6 Establishment of Limits
Establishment of Limits of Districts in which the Storage of Hazardous Materials is prohibited: The limits referred to in Chapter 50 of the California Fire Code in which the storage of hazardous materials is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.
Establishment of Limits of Districts in which the Storage of Compressed Gases is Prohibited: The limits referred to in Chapter 53 of the California Fire Code in which the storage of compressed gases is prohibited, are hereby established as follows: Storage of 16 gallons or more is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.
Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is Prohibited: The limits referred to in Chapter 56 of the California Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City, unless a permit is issued by the Fire Code Official.
Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Above-ground Tanks is Prohibited: The limits referred to in Chapter 57 of the California Fire Code, in which the storage of flammable or combustible liquids in outside above-ground tanks is restricted, are hereby established as follows: Storage of 16 gallons or more is prohibited in all areas unless a permit is issued by the Fire Code Official.
Establishment of Limits of Districts in which Storage of Liquefied Petroleum Gas is prohibited: The limits referred to in Chapter 57 of the California Fire Code, in which storage of liquefied petroleum gas is prohibited, are hereby established as follows:
Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.
Item #7.2.
Establishment of Limits of Districts in which the Storage of Stationary Tanks of Flammable Cryogenic Fluids is Prohibited: The limits referred to in Chapter 58 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.
California Fire Code Section 5706.2.4.5 is added as follows:
Section 5706.2.4.5 Establishment of Limits of Districts in which Storage of Liquefied Petroleum Gases is prohibited. The limits referred to in Chapter 57 of the California Fire Code, in which storage of liquefied petroleum gas is prohibited, are hereby established as follows: Storage is prohibited in all areas of the city unless a permit is issued by the fire code official.
J. CHAPTER 61 LIQUEFIED PETROLEUM GASES
California Fire Code Section 6104.2 is amended as follows:
Section 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons (1893 L).
K. Appendix C Fire Hydrant Locations and Distribution
California Fire Code Appendix C102 is amended by adding the following appendix:
C102.2 Fire Department Connections. A fire hydrant shall be located within 50 feet of all Fire Department Connections (FDC), or as approved by the fire code official.
L. Appendix D Fire Apparatus Access Roads
California Fire Code Appendix D107.1 is amended as follows:
D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 20 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Appendix D104.3.
Exceptions 1 and 2 are deleted.
Chapter 15.38
WILDLAND-URBAN INTERFACE CODE
15.38.010 Wildland-Urban Interface Code
California Code of Regulations Title 24 Part 7 California Existing Building Code 2025 Edition as published by the International Code Council, International Existing Building Code, is adopted and made a part of this Title by reference.
Building Code Section 504.2 is amended as follows:
Section 504.2 Roof assembly. All Roofs shall have a roof assembly that complies with a Class A fire classification when tested in accordance with ASTM E108 or UL 790.
Item #7.2.