Agenda packet — Yountville City Council, May 3, 2022

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet – Final
Tuesday, May 3, 2022
3:00 PM
Town Hall Council Chambers
Town Council
Mayor John Dunbar
Vice Mayor Marita Dorenbecher
Council Member Margie Mohler
Council Member Eric Knight
Council Member Joe Tagliaboschi
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month and only meets the first Tuesday during the months of August and December at 3:00 p.m. in Town Council Chambers located at 6550 Yount Street, Yountville, California, 94599.

Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

How to View the Agenda: The Agenda and associated staff reports may be viewed online by visiting the Town’s website at www.townofyountville.com/meetings.

How to Watch the Meeting: The Town Council and other Town Bodies meetings can be watched live on the Town’s Youtube Channel at www.townofyountville.com/youtube, on the Town’s website at www.townofyountville.com, via the HTML Agenda found at www.townofyountville.com/meetings, or on our local cable TV Channel 28.

HOW TO PROVIDE LIVE VERBAL PUBLIC COMMENT

1. Members of the public can join the Town Council meeting via Zoom webinar. To attend a meeting, please register through the following link: www.townofyountville.com/register.

2. Joining the Zoom Webinar will allow you to provide LIVE Public Comment using AUDIO ONLY. No video. Please note Zoom Webinars are being recorded.

3. To provide Public Comment on matters NOT listed on the Agenda at the beginning of the meeting, please use the Zoom RAISE HAND feature. Staff will verbally call upon you before unmuting you to speak

4. To provide Public Comment on matters listed on the Agenda, please use the RAISE HAND feature when the Mayor calls for Public Comment. Staff will verbally call upon you before unmuting you to speak
HOW TO SUBMIT PUBLIC COMMENT ELECTRONICALLY

1. If you would like to comment on an item, public comments may be emailed to [email protected]. Please include in the subject line “COMMENT TO COUNCIL”. Any written testimony submitted will be provided to the Council members electronically, may be read into the record, and will become part of the meeting archive as long as it is received during public comment or prior to the Council’s vote on the item.

2. Members of the public can provide Public Comment using the “Speech Bubble” feature found on all the agendas. To provide public comment on specific agenda items visit www.townofyountville.com/meetings and select the meeting agenda with the item you would like to leave a comment for the Council. Please, note that when you click next after typing your comment, you will be prompted to enter your name. After this occurs, you will need to click next again for the comment to be received.

HOW TO APPEAL
Appeals: A person who is dissatisfied with a decision of the Town Council may have the right to a review of the decision by a Court. California Code of Civil Procedure Section 1094.5 and 1094.6 generally limits the time within which a decision of the Town Council may be judicially challenged. If a person challenges a decision in Court, he or she may be limited to raising only those issues raised at the Public Meeting described in this notice, or in written correspondence delivered to the Town Council at, or before, the Public Meeting.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

Meeting described in this notice, or in written correspondence delivered to the Town Council at, or before, the Public Meeting.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS
A. Warren Nelson Proclamation
B. Municipal Clerks Week Proclamation

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
Members of the public are entitled to speak for 3minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when that item is called by the Mayor. However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is not based on the content or viewpoint of the speech.

The Council may; however, briefly respond to statements made or questions posed by the public, ask for clarification from staff, refer the matter to staff, request staff to report back on the matter, or request staff to place the matter on a future agenda.

Members of the public may also submit public comments via email at [email protected] or via the Speech Bubble feature found with the electronic agenda.

7. CONSENT CALENDAR
A. Consider Adoption of Resolution Number 224116 Amending the Professional Services Agreement 2015440 Between the Town and Colantuono, Highsmith & Whatley, PC for Legal Services to Update Exhibit B Compensation terms.

B. Adopt Resolution Number 224117 Approving Memorandum of Understanding with Yountville Employees’ Association and YEA MidManagement Professional Unit for the Period July 1, 2022 to June 30, 2027.

C. Staff submittal of the 2021 Housing Element Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD).

D. Receive and File Quarterly Investment Report for March 2022.

E. Monthly Financial Report for March 2022.

F. Approve minutes of the regular meeting held April 19, 2022.

8. PRESENTATIONS
A. Annual Affordable and Workforce Housing (Measure S) Oversight Committee Update.

B. Public Safety Quarterly Report.

C. CalFire Quarterly Report.

D. Measure L Fire Tax.
before, the Public Meeting.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS
A. Warren Nelson Proclamation
B. Municipal Clerks Week Proclamation

Members of the public may also submit public comments via email at [email protected] or via the Speech Bubble feature found with the electronic agenda.

B. Adopt Resolution Number 224117 Approving Memorandum of Understanding with Yountville Employees’ Association and YEA MidManagement Professional Unit for the Period July 1, 2022 to June 30, 2027.

C. Staff submittal of the 2021 Housing Element Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD).

D. Receive and File Quarterly Investment Report for March 2022.

E. Monthly Financial Report for March 2022.

F. Approve minutes of the regular meeting held April 19, 2022.

8. PRESENTATIONS
A. Annual Affordable and Workforce Housing (Measure S) Oversight Committee Update.

B. Public Safety Quarterly Report.

C. CalFire Quarterly Report.

D. Measure L Fire Tax.
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B. Public Safety Quarterly Report.

C. CalFire Quarterly Report.

D. Measure L Fire Tax.

9. PUBLIC HEARINGS
A. Introduce and waive the first reading of Ordinance Number 22507, the Washington Street Activation Ordinance. The proposed Washington Street Activation Ordinance is to establish a process to permit business owners in the Washington Street Activation Zone to allow for accessory uses associated with the business operations that either occur outside or provide interest to Washington Street.

10. ADMINISTRATIVE / REGULAR ITEMS
A. Introduce and Waive First Reading of Ordinance Number 22508 Adding Chapter 8.26 to Title 8 of the Yountville Municipal Code Regarding Expressive Activities and Expressive Events.

B. Monthly Water Conservation Update and Consider Adoption of Resolution Number 224118 Implementation of updated Phase 2 Water Shortage Emergency Regulations.

C. Discussion and request for direction on maintaining the twostory height limit for Accessory Dwelling Units.

D. Consider Adoption of Resolution Number 224119 Increasing the Salary of the Town Manager in Accordance with His Employment Agreement.

11. STAFF INFORMATIONAL REPORTS NONE

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS A. Napa County Flood Control & Water Conservation District B. Napa Valley Transportation Authority (NVTA)
C. Upper Valley Waste Management Agency
D. LAFCO of Napa County
E. Watershed Information & Conservation Council
F. Cal Cities Update
G. Climate Action Committee Report
H. Council Ad Hoc and Standing Committee Reports
I. Reports and Announcements

13. ADJOURNMENT

PROCLAMATION
In Remembrance of
Warren Nelson, Former Yountville Mayor
WHEREAS, Warren K. Nelson demonstrated his commitment to the Town of Yountville through his leadership as a Council member from 1980-84 and as Mayor of Yountville from 1984-86; and
WHEREAS, Nelson received a Bachelor of Arts degree and a Master of Arts degree in geography, specializing in community planning, from California State University, Chico, and worked professionally as a financial advisor. He served his country in the U.S. Navy, during which time he developed an interest in world history; and WHEREAS, Nelson helped develop public facilities and policies focused on serving Yountville residents and preserving the Town’s character and charm. He was instrumental in the construction of two public parks, including Yountville Veterans Memorial Park, of which he was particularly proud. Nelson also helped create the mobile home zoning district to support affordable housing for seniors in retirement; and WHEREAS, Nelson supported the Town’s long-term financial stability by advocating for an increase in Yountville’s Transient Occupancy Tax when the first hotels were being developed in town, allowing Yountville to grow from one of the poorest towns in California into a tourism-focused destination that has generated significant revenues beneficial to local residents and businesses; and
WHEREAS, respected for his generous heart and commitment to serving others, Nelson founded the Families Together organization which, for over 12 years, served Napa County families with limited incomes by offering free excursions to concerts, professional baseball games, museums, zoos and other family-oriented destinations; and WHEREAS, Nelson and his wife, Maritza, enjoyed living in New Zealand part of every year for the past two decades. His passions included playing golf and classical music, and they were devoted patrons of Napa Valley’s Music in the Vineyards.

NOW, THEREFORE BE IT RESOLVED THAT I, John F. Dunbar, Mayor of the Town of Yountville, remember Warren Nelson following his recent passing and recognize him for his contributions and dedication to the Yountville community and his years of public service on the Yountville Town Council.

John F. Dunbar, Mayor
Dated this 3rd day of May, 2022

PROCLAMATION
Professional Municipal Clerks Week
May 1 – 7, 2022
WHEREAS, the office of the Municipal Clerk is the oldest profession among public servants that provides a professional link between the citizens, local governing bodies and agencies of government at the local, county and state levels; and WHEREAS, Municipal Clerks have pledged to perform their duties with integrity, neutrality and impartiality. They remain current with the affairs of the office through educational programs, such as New Law Workshops and City Clerk’s Association annual meetings of their state, county and international professional organizations; and WHEREAS, Municipal Clerks strive constantly to improve the administration of the affairs of the office consistent with applicable laws and through sound management practices to fulfill responsibilities to the community and others; and WHEREAS, the Municipal Clerk for the Town of Yountville provides oversight for legislative proceedings and professional support to the Town Council, Town Manager, and Town staff serving as the Town’s Elections Official and Filing Officer, Records Manager, prepares and distributes Town Council agendas in accordance with the Brown Act, maintains the legislative record of Council proceedings, oversees Board and Commission appointments, provides support to the Town Council and Town Manager, and acts as the custodian of the Town Seal; and WHEREAS, since the start of 2022, the Town of Yountville has expanded the Town Clerk’s Office to include two professional Municipal Clerks, with Eddy Gomez serving as the Town Clerk and Hilary Gaede as the Deputy Town Clerk. Both also are serving as members of the International Institute of Municipal Clerks (IIMC), the City Clerks Association of California (CCAC), the Municipal Management Association of Northern California (MMANC), and the International City Managers Association (ICMA).

NOW, THEREFORE BE IT RESOLVED THAT I, John F. Dunbar, Mayor of the Town of Yountville, do recognize the week of May 1 through 7, 2022, as Municipal Clerks Week and extend appreciation to Eddy Gomez, Hilary Gaede, and all Municipal Clerks for the vital services they perform and the exemplary dedication to the communities they represent.

John F. Dunbar, Mayor
Dated this 3rd day of May, 2022
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Steve Rogers, Town Manager
SUBJECT:

Consider Adoption of Resolution Number 22-4116 Amending the Professional Services Agreement 2015-440 Between the Town and Colantuono, Highsmith & Whatley, PC for Legal Services to Update Exhibit B Compensation terms.

DISCUSSION/BACKGROUND
On April 7, 2015 the Town Council approved Resolution Number 15-3252 approving a professional services agreement with and naming Colantuono, Highsmith & Whatley, PC (CHW) as Town Attorney. CHW team members have provided legal services since 2015. Gary Bell is the designated Town Attorney and oversees other attorneys who may also work on the town’s behalf.

On April 19, 2022 the Town Council conducted a performance evaluation of the Town Attorney and unanimously agreed that Mr. Bell’s and the firm’s work performances was exemplary and exceeds expectations.

Since 2015 there have been no amendments to the legal services agreement, including no changes to attorney rates in Exhibit B Compensation. The Town Council, Town Manager and legal firm of CHW have reviewed the Professional Services Agreement and reached agreement on an amendment to the agreement by updating Exhibit B Compensation to adjust rates in accordance with current market conditions and industry standards. This amendment to the agreement only replaces the existing 2015 Exhibit B Compensation with a new Exhibit B Compensation dated May 3, 2022 and no other changes or modifications to the approved PSA are being made.

The new rates outlined in Exhibit B will become effective July 1, 2022 with the new Fiscal Year.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Town Attorney budget GF Department 1105 and Planning & Building GF Department 2115
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Yes

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

Briefly Explain Relationship to Strategic Plan Goal and Objective. CHW provides quality services to the Town Council and works as an extension of Town staff which assists the Town in proactively avoiding litigation and other expenses. Updating compensation terms is also appropriate given that the last adjustment was 6 years ago and CPI has increased by over 25% in that time period and the Town seeks to retain the services of CHW.

RECOMMENDATION
Adopt Resolution Number 22-4116 Amending the Professional Services Agreement 2015-440 Between the Town and Colantuono, Highsmith & Whatley, PC for Legal Services to Update Exhibit B Compensation terms. 197065.1
Town of Yountville
Resolution Number 22-4116

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING THE PROFESSIONAL SERVICES AGREEMENT 2015-440 BETWEEN THE TOWN AND

COLANTUONO, HIGHSMITH & WHATLEY, PC FOR LEGAL SERVICES WITH AMENDMENT NUMBER 1 TO UPDATE EXHIBIT B COMPENSATION TERMS
Recitals
A. On April 7, 2015, the Town Council approved Resolution Number 15-3252 approving a professional services agreement with and naming Colantuono, Highsmith & Whatley, PC (CHW) as Town Attorney (the “Agreement”); and
B. On August 2, 2016, the Town Council appointed Gary B. Bell to serve as Town Attorney and in this role he oversees other attorneys from CHW who also provide services to the Town; and C. The Agreement has not been amended and the rates have not been adjusted since 2015; D. The Town and CHW have reached an agreement to update the rates in the Agreement in accordance with current market conditions and industry standards.

Now, therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Recitals above are true and correct and incorporated herein by this reference.

2. The Town Council hereby approves “Amendment No. 1 to Agreement No. 2015-440”, attached hereto as Exhibit “A” and incorporated herein by this reference (the “First Amendment’), and authorizes the Mayor to executed the Amendment on behalf of the Town.

3. The First Amendment by its terms is effective July 1, 2022.

4. The Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 3rd day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Town Clerk
Amendment No. 1 to Agreement No. 2015-440

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

TOWN OF YOUNTVILLE AND

COLANTUONO, HIGHSMITH & WHATLEY, PC
This Amendment No. 1 to Agreement for Professional Services (this “First Amendment”) is made and entered into effective July 1, 2022 (the “Effective Date”) by and between the Town of Yountville, a California municipal corporation (“Town”) and Colantuono, Highsmith & Whatley, PC, a California professional corporation (“Consultant”) with respect to the following Recitals:

Recitals
A. On April 7, 2015, the Town Council adopted Resolution Number 15-3252 approving a professional services agreement with Colantuono, Highsmith & Whatley, PC for Town Attorney services (the “Agreement”); and
B. On August 2, 2016, the Town Council adopted Resolution Number 16-3359 appointing Gary B. Bell as Town Attorney; and
C. Town and Consultant now wish to amend the Agreement by entering into this First Amendment, which will amend Exhibit B (Compensation) to the Agreement to update rates.

NOW, THERFORE, in consideration of the mutual promises, covenants, and conditions contained herein and contained in the Agreement, Town and Consultant agree as follows:

1. The Recitals above are true and correct and fully incorporated herein.

2. Exhibit B (Compensation) to the Agreement is hereby replaced in its entirety with Exhibit B (Compensation) attached to this First Amendment.

3. Except as expressly provided in this First Amendment, all other provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, Town and Consultant hereby execute this First Amendment, to be effective as of the Effective Date:

TOWN OF YOUNTVILLE: COLANTUONO, HIGHSMITH & WHATLEY, PC By: ______________________________ By: ______________________________________ John F. Dunbar, Mayor Gary B. Bell, Vice President
Date: ____________________________ Date: ____________________________________ Exhibit B — Compensation
GENERAL COUNSEL SERVICES: Standard rates capped at $240/hour for all services listed as “Retainer Services” on pages 6 and 7 of Attachment A.

ADDITIONAL LEGAL SERVICES: Standard rates capped at $350/hour for all services listed in the first paragraph of “Litigation and Other Additional Services” on page 8 of Attachment A.

REIMBURSABLE LEGAL SERVICES: Standard rates capped at $425/hour for services reimbursed by developers and others.

PARALEGALS: Standard rates capped at $170/hour for all services LEGAL ASSISTANTS: Standard rates capped at $150/hour for all services Standard Rates: For 2022, standard rates range between $220/hour and $525/hour for attorney’s time and between $125/hour and $170/hour for the time of paralegals and legal assistants. Standard rates are typically adjusted in January of each calendar year.

Travel Time: Travel time will not be charged for services provided.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Julie Baldia, Deputy Director of Human Resources and IT PREPARED BY: Julie Baldia, Deputy Director of Human Resources and IT SUBJECT:

Adopt Resolution Number 22-4117 Approving Memorandum of Understanding with Yountville Employees’ Association and YEA Mid-Management Professional Unit for the Period July 1, 2022 to June 30, 2027.

DISCUSSION/BACKGROUND
The current Memorandum of Understanding (MOU) with the Yountville Employees’ Association (YEA) and YEA Mid-Management and Professional Unit (YEA MMP) expired on June 30, 2021. The Town Manager has met with the employee representatives of the YEA and Town Council in good faith bargaining efforts to negotiate the proposed terms and conditions for a new MOU over the past several months. These negotiations between the Town, YEA and YEA MMP have been conducted in a manner consistent with the provisions of the Myers- Milias Brown Act (MMBA) and Town of Yountville Employee Employer Relations Resolution which govern the labor relations process. The Town Council’s labor negotiator, YEA and YEA MMP have reached a tentative agreement on salary, benefit compensation, and working conditions for a new MOU that is to be effective from July 1, 2022 to June 30, 2027.

The YEA has held a ratification vote where its member/employees have voted in favor of the proposed agreement. The Town Council must now take action to ratify the agreement.

Key elements to the proposed tentative agreement include:

Implement salary market adjustments based on salary survey for the following:

Recreation Supervisor increased by 10% (includes COLA)
Recreation Manager increased by 18% (includes COLA)
Utility Operator I/II increased by 8% (includes COLA)

July 1, 2022: COLA of 7% ‐ All permanent positions
Year 2 July 1, 2023, COLA adjustment, minimum of 2%, maximum of 5.5%, actual CPI if within 2‐5.5% Year 3 July 1, 2024, COLA adjustment, minimum of 2%, maximum of 5.0%, actual CPI if within 2‐5.0% Year 4 July 1, 2025, COLA adjustment, minimum of 2.5%, maximum of 5.0%, actual CPI if within 2.5‐5.0% Year 5 July 1, 2026, COLA adjustment, minimum of 2%, maximum of 5.0%, actual CPI if within 2‐5.0% Increase Standby Pay to $425 per week.

The Town will be cleaning up existing language in the MOU in regard to Standby pay. In Section 9- Municipal/Wastewater Utility Operations Standby policy, page 16, change current language that states, “Standby duty shall be compensated at $225 per week.”
New language to read as follows, “Standby duty shall be compensated at $425 per pay period for assigned employees.”
Certification pay modifications: The Town is only adding the minimum required certifications to the Utility Operations positions, based on the market survey. Certifications that employees receive beyond what is required to hold that position, are considered value added and will not be added to base pay. No other job classifications have this situation.

Bilingual Pay – As of July 1, 2022, new hires deemed eligible to receive bilingual pay shall receive $200 per month. Incumbents that are currently receiving 5% bilingual pay will remain the same.

Increase Standby Pay to $425 per week.

The Town will be cleaning up existing language in the MOU in regard to Standby pay. In Section 9- Municipal/Wastewater Utility Operations Standby policy, page 16, change current language that states, “Standby duty shall be compensated at $225 per week.” New language to read as follows, “Standby duty shall be compensated at $425 per pay period for assigned employees.”
Certification pay modifications: The Town is only adding the minimum required certifications to the Utility Operations positions, based on the market survey. Certifications that employees receive beyond what is required to hold that position, are considered value added and will not be added to base pay. No other job classifications have this situation.

Bilingual Pay – As of July 1, 2022, new hires deemed eligible to receive bilingual pay shall receive $200 per month. Incumbents that are currently receiving 5% bilingual pay will remain the same.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Distributed amongst all budgets personnel salary and benefit cost allocations Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Yes

Briefly Explain Relationship to Strategic Plan Goal and Objective. To sustain a high performing motivated workforce and an organization that can adapt to a changing business and public service delivery environment.

Manage public funds to assure financial stability, prudent fiscal management and demonstrate responsible stewardship.

RECOMMENDATION
Adopt Resolution Number 22-4117 Approving Memorandum of Understanding with Yountville Employees’ Association and YEA Mid-Management Professional Unit for the Period July 1, 2021 to June 30, 2027.Receive and File
Town of Yountville
Resolution Number 22-4117
Approving a Memorandum of Understanding with the Yountville Employees Association and Yountville Employees Mid-Management and Professional Unit for the period July 1, 2022, to June 30, 2027
Recitals
A. The Town has two labor groups, the Yountville Employees’ Association, (YEA) and YEA MidManage Professional Unit (YEA MMPU) that is subject to the meet and confer process.

B. The Town most recently negotiated an agreement with the YEA’s was effective for the period beginning July 1, 2022 and ending June 30, 2027.

C. The Town has again negotiated salaries, benefits, and terms with the Association, and wishes to incorporate all agreed upon terms into a Memorandum of Understanding.

D. These negotiations between the Town and YEA have been conducted in a manner consistent with the provisions of the Myers-Milias Brown Act (MMBA) and Town of Yountville Employee Employer Relations Resolution which govern the labor relations process.

E. The YEA has reviewed and approved the Memorandum of Understanding and the Town Manager has reviewed the document to ensure all current terms are included.

Now therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Memorandum of Understanding with and YEA and YEA MMPU copies of which is attached and hereby made a part of this resolution is hereby approved.

2. The Memorandum of Understanding shall cover from July 1, 2022, to June 30, 2027.

3. The Resolution is hereby adopted and becomes effective and in full force July 1, 2022.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 3rd day of May 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez
Town Clerk
2022 Employee Negotiations
YEA Mid Management Professional Unit
Group Representatives – Kyle Batista, Jacob Solis, Erica Teagarden Unit Requests
Year 1 July 1, 2022: Market adjustments based on salary survey for the following:

Recreation Supervisor increased by 10% (includes COLA)
Recreation Manager increased by 18% (includes COLA)
Utility Operator I increased by 8% (includes COLA)
July 1, 2022: COLA of 7% ‐ All permanent positions
Year 2 July 1, 2023, COLA adjustment, minimum of 2%, maximum of 5.5%, actual CPI if within 2‐5.5% Year 3 July 1, 2024, COLA adjustment, minimum of 2%, maximum of 5.0%, actual CPI if within 2‐5.0% Year 4 July 1, 2025, COLA adjustment, minimum of 2.5%, maximum of 5.0%, actual CPI if within 2.5‐5.0% Year 5 July 1, 2026, COLA adjustment, minimum of 2%, maximum of 5.0%, actual CPI if within 2‐5.0% Bilingual Pay – As of July 1, 2022, new hires deemed eligible to receive bilingual pay shall receive $200 per month. Incumbents that are currently receiving 5% bilingual pay will remain the same.

Certification pay modifications: The Town is only adding the minimum required certifications to the Utility Operations positions, based on the market survey. Certifications that employees receive beyond what is required to hold that position, are considered value added and will not be added to base pay. No other job classifications have this situation.

Town Response/Proposal
Agrees to market adjustments based on salary survey for the following:

Recreation Supervisor increased by 10% (includes COLA)
Recreation Manager increased by 18% (includes COLA)
Utility Operator I increased by 8% (includes COLA)
Agrees to the following:

DocuSign Envelope ID: AFC7105B-11D3-4BFF-90AE-8D880A580BAA As the unit representatives of the Yountville Mid-Management Professional bargaining unit, we accept this offer on behalf of the represented employee group.

Kyle Batista Date
Erica Teagarden Date
Jacob Solis Date
Steve Rogers Date
Julie Baldia Date
Celia King Date
DocuSign Envelope ID: AFC7105B-11D3-4BFF-90AE-8D880A580BAA 4/27/2022 | 9:38 AM PDT
4/27/2022 | 10:11 AM PDT
4/27/2022 | 9:30 AM PDT
4/27/2022 | 8:41 AM PDT
4/27/2022 | 9:21 AM PDT
2022 Employee Negotiations
YEA Miscellaneous Employees Unit
Group Representatives – Jacob King, Jeff White, Stacy Diaz Unit Requests
Year 1 July 1, 2022: Market adjustments based on salary survey for the following:

Recreation Supervisor increased by 10% (includes COLA)
Recreation Manager increased by 18% (includes COLA)
Utility Operator I/II increased by 8% (includes COLA)
July 1, 2022: COLA of 7% ‐ All permanent positions
Year 2 July 1, 2023, COLA adjustment, minimum of 2%, maximum of 5.5%, actual CPI if within 2‐5.5% Year 3 July 1, 2024, COLA adjustment, minimum of 2%, maximum of 5.0%, actual CPI if within 2‐5.0% Year 4 July 1, 2025, COLA adjustment, minimum of 2.5%, maximum of 5.0%, actual CPI if within 2.5‐5.0% Year 5 July 1, 2026, COLA adjustment, minimum of 2%, maximum of 5.0%, actual CPI if within 2‐5.0% Bilingual Pay – As of July 1, 2022, new hires deemed eligible to receive bilingual pay shall receive $200 per month. Incumbents that are currently receiving 5% bilingual pay will remain the same.

Request to increase Standby Pay to $425 a week.

Request to increase longevity pay.

Certification Pay - If No Changes or “Clean Up” is done we would like the verbiage removed from the MOU Town Response/Proposal
The Town Council has reviewed and accepted your proposal as follows:

Agrees to market adjustments based on salary survey for the following:

Recreation Supervisor increased by 10% (includes COLA)
Recreation Manager increased by 18% (includes COLA)
Utility Operator I/II increased by 8% (includes COLA)
Agrees to the following:

The Town will be cleaning up existing language in the MOU in regard to Standby pay. In Section 9- Municipal/Wastewater Utility Operations Standby policy, page 16, change current language that states, “Standby duty shall be compensated at $225 per week.”
New language to read as follows, “Standby duty shall be compensated at $425 per pay period for assigned employees.”
DocuSign Envelope ID: 90AE9120-21C0-4072-A76F-DAAFAC413E5B No changes to Longevity Pay
Certification pay modifications: The Town is only adding the minimum required certifications to the Utility Operations positions, based on the market survey. Certifications that employees receive beyond what is required to hold that position, are considered value added and will not be added to base pay. No other job classifications have this situation.

Bilingual Pay – As of July 1, 2022, new hires deemed eligible to receive bilingual pay shall receive $200 per month. Incumbents that are currently receiving 5% bilingual pay will remain the same.

As the unit representatives of the Yountville Mid-Management Professional bargaining unit, we accept this offer on behalf of the represented employee group.

Jacob King Date
Stacy Diaz Date
Jeff White Date
Steve Rogers Date
Julie Baldia Date
Celia King Date
DocuSign Envelope ID: 90AE9120-21C0-4072-A76F-DAAFAC413E5B 4/27/2022 | 9:56 AM PDT
4/27/2022 | 9:01 AM PDT
4/27/2022 | 8:43 AM PDT
4/27/2022 | 8:37 AM PDT
4/27/2022 | 8:45 AM PDT
4/27/2022 | 8:40 AM PDT
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Kirsty Shelton, Planning & Building Director
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Staff submittal of the 2021 Housing Element Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD)

DISCUSSION/BACKGROUND
Once a year each jurisdiction must prepare an APR on the jurisdiction’s status and progress in implementing its Housing Element using forms adopted by the HCD (Government Code Section 65400.) This report, a summary of which is attached identifies the number of applications submitted, the number of permits approved, and the number of final inspections or Certificate of Occupancy granted. Of the permits reported, only those that qualify for building permit approval for a net new housing unit (i.e., replacement wouldn’t be counted) are included towards the Town’s progress in meeting its regional housing needs allocation numbers. For this reporting period (calendar year 2021), one building permit was approved and certificate of occupancy issued for one new housing unit - a second dwelling unit located on Tallent Lane and there were no new housing units entitled.

The report shows that the Town has exceeded the number of units included in the 5th cycle RHNA goal by approving a total of 22 new units of which 17 units was the goal. However, there were no new affordable units entitled nor constructed yet in this cycle, including this reporting period. Yountville’s goal was to construct four very low and two low-income units, for a total of six affordable units and all of the 22 units that were constructed during this planning cycle were for the above moderate-income level.

ENVIRONMENTAL REVIEW
CEQA Exempt, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Indirectly
If yes, Identify Strategic Goal and Objective. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, and trails, and quality programs and events.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Housing is a vital to the sustainability of the community, providing annual reports show compliance with our goals.

RECOMMENDATION
Receive and file informational report.

Jurisdiction Yountville
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
1 1
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 0 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 1 1
MH 0 0 0
Total 0 1 1
1 1
1 0
0 0
0 1
Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 11
Total 0 11
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599

Agenda Item #: 7D
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Receive and File Quarterly Investment Report for March 2022

DISCUSSION/BACKGROUND
This report represents the Town’s investment portfolio for the quarter ending March 31, 2022. The report includes all Town funds. All investments are in compliance with the Town’s adopted Investment Policy.

The Town’s investments are guided by an Investment Policy, which is reviewed and approved by the Council annually. The Investment Policy was last approved by the Town Council on June 15, 2021. The policy directs that investment goals, in order by priority, are safety, liquidity, and yield. This conservative approach ensures assets are available for use while also allowing the Town to earn additional resources on idle funds. The Town currently participates in the State investment pool known as the Local Agency Investment Fund (LAIF).

LAIF began in 1977 as an investment alternative for California’s local governments and special districts and is administered by the State of California’s Treasurer. The enabling legislation for LAIF is Section 16429.1 et seq. of the California Government Code.

This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office investment staff at no additional cost to local agencies or taxpayers. LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1955 and oversight is provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB members are the State Treasurer, State Director of Finance, and State Controller.

The Town established a Section 115 Trust for Other Post-Employment Benefits and Pension Rate Stabilization with Public Agency Retirement Services (PARS). Town Council adopted a moderate investment strategy and funds are invested in a diversified portfolio. The interest rates shown are for the quarter reported.

All Town funds are invested in accordance with the approved Investment Policy with an emphasis on safety, liquidity and yield (in that order). The Town’s investment strategy of balancing the investment portfolio between short-term investments (to meet cash flow needs) and longer-term maturities (to realize a higher rate of return) is appropriate given the current market conditions.

The investment portfolio will continue to be closely monitored to ensure the avoidance of risk and to respond to changes in market conditions. This staff report is presented as informational.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Interest Income
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Monthly budget and actual revenue and expense reports provide timely information and financial transparency; Timely financial information can help control costs by guiding policy and spending decisions.

RECOMMENDATION
Receive and File

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7E
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Monthly Financial Report for March 2022.

DISCUSSION/BACKGROUND
The monthly financial reports are presented to provide a summary overview of revenues and expenses of the Town’s major funds: General Fund, Capital Projects Fund, Water and Wastewater Enterprise Funds.

March 2022 – 75.0% of the Fiscal Year
Highlights
As of March, Transient Occupancy Tax (TOT) exceeded the originally budgeted amount by 12.4% and as a whole, General Fund revenues have reached 95.2% of the Fiscal Year 2021/2022 budget.

Overall General Fund expenditures are holding slightly under budget at 63.3%.

Capital Projects – All Capital Projects expenditures are within budgeted amounts.

Water & Wastewater Funds – Revenues and expenditures for all enterprise funds are trending fairly close to the 75.0% target except for interest income.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Various Departments
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. Monthly budget and actual revenue and expense reports provide timely information and financial transparency. Timely financial information can help control costs by guiding policy and spending decisions.

RECOMMENDATION
Receive and File.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
March 31, 2022
General Fund Revenues
The following is a summary of General Fund revenue by major category as of March 31, 2022.

March is 75.0% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,100,000 1,312,750 (787,250) 62.5% Note 2 Sales Taxes 1,270,000 973,954 (296,046) 76.7% Note 1
Other Taxes 181,000 215,707 34,707 119.2%
Transient Occupancy Tax 5,250,000 5,902,110 652,110 112.4% Note 3 Investment Earnings 25,000 11,703 (13,297) 46.8%
Licenses & Permits 138,900 129,928 (8,972) 93.5%
Fines & Forfeitures 3,500 68,870 65,370 1967.7%
Rents & Concessions 261,825 233,344 (28,481) 89.1%
Intergovernmental 504,642 510,343 5,701 101.1%
Parks & Recreation Fees 166,200 161,649 (4,551) 97.3%
Charges for Services 150,000 65,813 (84,187) 43.9%
Impact Fees - - - 0.0%
Miscellaneous 154,500 124,933 (29,567) 80.9%
Other Sources - - - 0.0%
Total 10,205,567 9,711,103 (494,464) 95.2%
Transfers: Budget Actual Variance % of Budget Note
Tourist Imp. Dist. (Fund 22) 8,750 9,823 1,073 112.3%
Total 8,750 9,823 1,073 112.3%
Note 1 - Sales tax receipts lag 2½ - 3months behind the actual collection period.

Note 2 - Property taxes are generally not received until December, after the first installment has been collected by Napa County.

Note 3 - TOT is due one month after the collection period and received 45 days after the collection period.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
March 31, 2022
General Fund Expenditures
The following is a summary of General Fund Expenditures by major category as of March 31, 2022:

March is 75.0% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 145,812 72,812 (73,000) 49.9%
Non-Departmental 1010 226,866 121,571 (105,295) 53.6%
Town Manager 1101 433,040 322,985 (110,056) 74.6%
Information Technology 1011 - - - 0.0% Note 1
Community Promotion 1015 407,633 320,123 (87,510) 78.5% Finance 1102 565,808 368,219 (197,589) 65.1%
Risk Management 1103 78,350 18,223 (60,127) 23.3%
Town Attorney 1105 196,500 61,612 (134,888) 31.4%
Town Clerk 1110 437,086 272,361 (164,725) 62.3%
Planning & Building 2115 1,094,824 616,133 (478,691) 56.3% Law Enforcement Services 3200 1,195,299 796,533 (398,766) 66.6% Fire & Emergency Services 3201 605,050 303,049 (302,001) 50.1% PW Admin. & Engineering 4301 703,950 452,688 (251,262) 64.3% PW Street Maintenance 4305 383,225 245,205 (138,020) 64.0% PW Park Maintenance 4320 559,279 407,474 (151,805) 72.9% PW Government Bldgs. 4325 501,898 351,817 (150,081) 70.1% Parks & Rec Admin & Services 5405 442,759 288,464 (154,295) 65.2% Parks & Rec Camp Programs 5406 134,451 88,346 (46,105) 65.7% Community Center 5408 277,580 177,044 (100,536) 63.8%
Parks & Rec After School Prog. 5409 26,042 14,594 (11,448) 56.0% Parks & Rec Leisure Prog. 5410 261,236 182,956 (78,279) 70.0% Parks & Rec Sports Prog. 5412 43,628 32,846 (10,782) 75.3% Parks & Rec Community Events 5413 147,238 99,803 (47,435) 67.8% Yountville Arts 5415 61,145 39,029 (22,116) 63.8%
Total Expenditures 8,928,700 5,653,886 (3,274,813) 63.3% Transfers Out:

OPEB-Employee Retiree Ben. 7902 225,000 225,000 - 100.0% PERS UAL 7903 325,000 325,000 - 100.0%
Emergency Reserve Fund 7904 350,000 350,000 - 100.0%
Revenue Stabilization Fund 7905 250,000 250,000 - 100.0% Capital Projects Fund 7950 500,000 500,000 - 100.0%
Facility Replacement Fund 7981 200,000 200,000 - 100.0% Housing Opportunity Fund 7970 70,400 63,000 7,400 89.5% Water Subsidy 7961 5,625 4,125 1,500 73.3%
Wastewater Subsidy 7962 1,500 - 1,500 0.0%
2017 Lease Rev. Debt Service 7954 540,000 540,000 - 100.0% 2020 Lease Fin. Debt Service 7955 357,335 357,335 - 100.0% Total Transfers Out: 2,824,860 2,814,460 10,400 99.6%
Note 1: Allocations of information technology are made to each department so no expenses are shown for program Note 2: Transfer to TOYCF represents excess revenue collected from art sales.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
March 31, 2022

CAPITAL PROJECTS
Expenditures Budget * Actual Variance % of Budget
Community Hall Auto Switch CF-0028 135,300 - (135,300) 0.0% GIS Mapping Improvements CP-0007 25,000 14,520 (10,480) 58.1% ADA Accessibility Improvements: Forrester Park/Three -
Weirs Park CP-0018 160,000 251 (159,749) 0.2%
Installation of EV Charging Stations CP-0021 21,000 - (21,000) 0.0% ADA Accessibility Improvements Program CP-2022 50,000 25,176 (24,824) 50.4% Town Wide Drainage and Erosion Program DF-2022 9,000 - (9,000) 0.0% Paving Projects- Plan, Specs, and Engineering GT-3022 70,000 43,063 (26,938) 61.5% Annual Street Maintenance & Paving Program MT-3022 644,364 623,585 (20,779) 96.8% Hopper Creek Pedestrian Bridge and Path Project PK-0003 37,897 37,897 - 100.0% Restroom Construction at Yountville Community Park PK-0024 227,607 139,881 (87,726) 61.5% Curb, Gutter, and Sidewalk Replacement SB-6022 50,000 - (50,000) 0.0% Surveys and Monuments ST-0004 17,000 1,518 (15,483) 8.9% Traffic Calming Program ST-4022 8,500 - (8,500) 0.0%
Streetlight Replacement Program ST-5021 11,229 11,229 - 100.0% Total* 1,466,897 897,119 (569,778) 61.2%
Expenditures- Water & Wastewater Budget * Actual Variance % of Budget Hydrant Repair and Replacement WA-0015 31,500 - (31,500) 0.0% Emergency Washington Park Waterline Repair WA-0016 63,804 61,959 (1,845) 97.1% Water Meter Replacement Program WA-2022 57,000 30,377 (26,623) 53.3% Hydrant and Main Flushing WA-4022 35,000 - (35,000) 0.0% Joint Treatment Plant Office Modernization Project WW-0011 535,452 23,872 (511,580) 4.5% SCADA Controls WW-0012 50,000 10,469 (39,531) 20.9%
Clean and Inspect Primary and Secondary Digester WW-0020 35,000 - (35,000) 0.0% Assess Outfall Pipe to Napa River WW-0021 40,000 - (40,000) 0.0% Inflow and Infiltration Reduction Program (A-Line) WW-2022 419,474 90,930 (328,544) 21.7% Sewer Main Replacement and Repair Program WW-3022 157,026 72,526 (84,500) 46.2% Plant Equipment Replacement Program WW-4022 101,202 33,098 (68,105) 32.7% Town Pump Station Equipment Replacement Program WW-5022 13,000 - (13,000) 0.0% Total* 1,538,459 323,231 (1,215,227) 21.0%
* Budget includes amountsfor prior year purchase order rollover

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
March 31, 2022
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 126,685 94,537 (32,148) 74.6% Impact Fees - - - 0.0%
Interest Income 3,500 512 (2,988) 14.6%
Transfers from Wtr Op/Drought Res Fund (57/61) - - - 0.0% Total Revenues 130,185 95,049 (35,136) 73.0%
Capital Improvement (60-4500) 305,984 155,778 (150,207) 50.9% Total Expenses 305,984 155,778 (150,207) 50.9%
Net Operating Income/(Loss) (175,799) (60,729) 115,070
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,623,957 1,184,703 (439,254) 73.0% Interest Income 350 117 (233) 33.3%
Transfer-Water Subsidy (01) 5,625 4,125 (1,500) 73.3%
Total Revenues 1,629,932 1,188,945 (440,987) 72.9%
O & M Expenses (61-4505) 550,927 397,990 (152,938) 72.2% Water Purchases (61-4507) 1,130,721 571,228 (559,492) 50.5% Total Expenses 1,681,648 969,218 (712,430) 57.6%
Net Operating Income/(Loss) (51,716) 219,727 271,443
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,673,351 1,730,744 (942,607) 64.7% Interest Income 10,000 905 (9,095) 9.1%
Transfer-Wastewater Subsidy (01) 1,500 - (1,500) 0.0%
Total Revenues 2,684,851 1,731,649 (953,202) 64.5%
-
WW Collection (62-4510) 370,147 221,688 (148,459) 59.9% WW Treatment (62-4515) 1,190,107 812,719 (377,388) 68.3% Transfer to Capital (63/64) 1,000,000 1,000,000 - 100.0% Total Expenses 2,560,254 2,034,407 (525,847) 79.5%
Net Operating Income/(Loss) 124,597 (302,758) (427,355) JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Revenues System Replacement Fees 206,700 156,179 (50,521) 75.6% Revenues Capital Recovery Vets 351,500 50,000 (301,500) 14.2% Interest Income 15,000 3,244 (11,756) 21.6%
Transfer from Wastewater Operating (62) 500,000 500,000 - 100.0% Total Revenues 1,073,200 709,423 (363,777) 66.1%
WW Joint Treatment Plant (63-4518) 1,191,315 413,289 (778,027) 34.7% Total Expenses 1,191,315 413,289 (778,027) 34.7%
Net Operating Income/(Loss) (118,115) 296,135 414,250
WASTEWATER UTILITY CAPITAL FUND (64) Budget Actual Variance % of Budget Transfer fr WWtr Operating (62)/JT Cap Fund (63) 500,000 500,000 - 100.0% Impact Fees - - - 0.0%
Interest Income 2,500 509 (1,991) 20.3%
Total Revenues 502,500 500,509 (1,991) 99.6%
-
WW Capital Improvement (64-4519) 699,500 215,854 (483,646) 30.9% Transfer to Debt Service (55) 29,755 - (29,755) 0.0%
Total Expenses 729,255 215,854 (513,401) 29.6%
Net Operating Income/(Loss) (226,755) 284,654 511,409
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7F
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Hilary Gaede, Deputy Town Clerk
PREPARED BY: Hilary Gaede, Deputy Town Clerk
SUBJECT:

Approve minutes of the regular meeting held April 19, 2022.

DISCUSSION/BACKGROUND
Approve minutes of the regular meeting held April 19, 2022.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. Minutes are required to ensure the Legislative History of the Town Council is maintained.

RECOMMENDATION
Approve minutes of meeting held April 19, 2022.

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, April 19, 2022
3:00 PM
Town Hall Council Chambers
Town Council
Mayor John Dunbar
Vice Mayor Marita Dorenbecher
Council Member Margie Mohler
Council Member Eric Knight
Council Member Joe Tagliaboschi
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

2. ROLL CALL

Present: 5 Mayor John F. Dunbar, Vice Mayor Marita Dorenbecher, Council Member Margie Mohler, Council Member Eric Knight, Council Member Joe Tagliaboschi Town of Yountville Town Council Regular Meeting
Minutes 04/19/2022 Page 1
and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE REGULAR MEETING 3:00 P.M.

2. ROLL CALL

Present: 5 Mayor John F. Dunbar, Vice Mayor Marita Dorenbecher, Council Member Margie Mohler, Council Member Eric Knight, Council Member Joe Tagliaboschi

Absent: None

3. PLEDGE OF ALLEGIANCE
The pledge of allegiance was held.

4. ADOPTION OF AGENDA
A motion was made by Vice Mayor Dorenbecher, seconded by Council Member Mohler to Adopt the Agenda. The motion carried by the following roll call vote:

AYES: 5; Mayor Dunbar, Vice Mayor Dorenbecher, Council Member Mohler, Council Member Knight, Council Member Tagliaboschi
NOES: 0
ABSTAIN: 0

5. PROCLAMATIONS AND RECOGNITIONS
A. Proclamation Acknowledging Sally Schmitt for her contributions to the Town.

Mayor Dunbar presented Proclamation.

B. Certificate of Appreciation presented to Pat Bardessono for her service to the Affordable and Workforce Housing Oversight Committee.

Mayor Dunbar presented Certificate of Appreciation.

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
A. Public Comment Received from Michael Borck.

7. CONSENT CALENDAR
A. Adopt Resolution Number 224113 Approving a twoyear agreement between the Housing Authority of the City of Napa and the Town of Yountville for affordable housing services covering Fiscal Years 202223 and 202324.

B. Approving the Plans and Specifications for the 2022 Sliplining Project (WW2022) and authorizing staff to solicit bids for the project.

C. Approve Minutes of the regular meeting held on April 5, 2022.

A motion was made by Council Member Knight, seconded by Council Member Tagliaboschi to approve the Consent Calendar items. The motion carried by the following vote:

AYES: 5; Mayor Dunbar, Vice Mayor Dorenbecher, Council Member Mohler, Council Member Knight, Council Member Tagliaboschi
NOES: 0
ABSTAIN: 0

8. PRESENTATIONS NONE
Town of Yountville Town Council Regular Meeting
Minutes 04/19/2022 Page 2
AYES: 5; Mayor Dunbar, Vice Mayor Dorenbecher, Council Member Mohler, Council Member Knight, Council Member Tagliaboschi
NOES: 0
ABSTAIN: 0

8. PRESENTATIONS NONE

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS
A. Discussion on the 6th cycle Housing Element Update for the planning years 20232031 Study Session to review the needs assessment, constraints to housing development, resources, sites inventory and discuss potential policies and programs.

Kirsty Shelton, Planning and Building Director, presented staff report.

Jennifer Gastelum, Consultant from Placeworks, provided a PowerPoint presentation covering the 20232031 Housing Element Update.

Public Comment held. Public Comment was received from Mark Navone.

B. Consider Adopting Resolution Number 224115 Approving the Use of Fiscal Year 2021/2022 Annual Budget Contingency for a Budget Adjustment to Increase General Fund, Finance Department Contract Services, in the Amount of $50,000 to Initiate the 2022 Utility Rate Study.

Celia King, Finance Director, presented staff report.

Public Comment – None
Town Council discussed and Council Member Mohler proposed an amendment to the original resolution requesting the Utility Rate Study to be paid from the Water and Wastewater Funds and while borrowing $25,000 from the Drought Contingency Fund factoring in yearone rates.

A motion was made by Council Member Mohler, seconded by Council Member Tagliaboschi to Approve the resolution as amended.. The motion carried by the following vote:

AYES: 5; Mayor Dunbar, Vice Mayor Dorenbecher, Council Member Mohler, Council Member Knight, Council Member Tagliaboschi
NOES: 0
ABSTAIN: 0
C. Feedback and discussion regarding development of a potential Accessory Dwelling Unit (ADU) incentive program for ADUs rented as affordable housing.

Steve Rogers, Town Manager, presented staff report.

Town Manager Rogers requested feedback from Town Council in respect to possible incentives or grants to facilitate the program. Mayor Dunbar cited information from other Accessory Dwelling Unit organizations about their program practices and voiced the need for synergy amongst local agencies.

Town Council supports the incentive program and directed Town Manager Rogers to proceed.

11. STAFF INFORMATIONAL REPORTS NONE

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS Agendas and Minutes related to Council Members meeting attendance are maintained separately by the various meeting bodies.

A. Napa County Flood Control & Water Conservation District No report.

Town of Yountville Town Council Regular Meeting
Minutes 04/19/2022 Page 3
Agendas and Minutes related to Council Members meeting attendance are maintained separately by the various meeting bodies.

A. Napa County Flood Control & Water Conservation District No report.

B. Upper Valley Waste Management Authority
Council Member Mohler provided an update from the meeting held on April 18, 2022. She noted the focus on activities honoring Earth Day, upcoming events, and new programs.

C. Cal Cities Update
No report.

D. Climate Action Committee Report
No report.

E. Council Ad Hoc and Standing Committee Reports
No report.

F. Reports and Announcements
Mayor Dunbar recognized the passing of former Council Member Warren Nelson.

Mayor Dunbar provided information about the Napa County Measure L Fire Prevention Sales Tax Committee and an upcoming measure on the June 7 ballot.

Council Member Knight inquired as to whether the Town Council and the community would be receiving a presentation from the Measure L Committee providing information and the opportunity for possible Council consideration of an endorsement.

Town Council unanimously requested a presentation with the opportunity to consider endorsement be placed on the agenda for the May 3, 2002 Town Council Meeting.

13. CLOSED SESSION
A. Conference With Labor Negotiator (Gov. Code, § 54957.6) Name of Town Negotiator to Attend Closed Session: Steven R. Rogers, Town Manager, Celia King, Finance Director, and Julie Baldia, Deputy Director for Human Resources & IT. Name of Employee Organizations: Yountville Employee’s Association and Yountville Employee's Association Mid Management and Professional Unit.

B. Public Employee Performance Evaluation (Pursuant to Government Code Section 54957.6) Title:

Town Attorney.

C. Public Employee Performance Evaluation (Pursuant to Government Code Section 54957.6) Title:

Town Manager.

The Town Council returned from closed session at 6:11 pm and Mayor Dunbar announced there was no reportable action. Vice Mayor Dorenbecher then motioned to adjourn the meeting and the motion was seconded by Council Member Knight. The motion carried by unanimous voice vote and the meeting adjourned at 6:12 pm.

14. ADJOURNMENT
Adjourned to the Town Council Regular Meeting Tuesday, May 3, 2022. being held in Town Council Chambers located at 6550 Yount Street.

Town of Yountville Town Council Regular Meeting
Minutes 04/19/2022 Page 4

14. ADJOURNMENT
Adjourned to the Town Council Regular Meeting Tuesday, May 3, 2022. being held in Town Council Chambers located at 6550 Yount Street.

Hilary Gaede
Hilary Gaede, Deputy Town Clerk
Date Approved: May 3, 2022
Town of Yountville Town Council Regular Meeting
Minutes 04/19/2022 Page 5
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8A
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Celia King, Finance Director
SUBJECT:

Annual Affordable and Workforce Housing (Measure S) Oversight Committee Update.

DISCUSSION/BACKGROUND
Affordable and Workforce Housing (Measure S) Oversight Committee Chair Hillery Trippe will provide the Town Council with a brief overview of committee activity.

Highlights include:
 Two committee meetings held. The first on September 22, 2021 and the second on March 23, 2022.  The balance of the Measure S Fund 71 as of March 31, 2022 was $1,323,817.  $336,241 of this fund was utilized to purchase 6631 Oak Leaf Court, which was then sold to Napa Valley Community Housing as a deed restricted low-income affordable housing rental unit.  The next committee meeting will be held September 21, 2022.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? No
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Engaged Residents: The Town embraces our residents' commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the quality of life in Yountville. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Updating the Town Council on the Affordable and Workforce Housing Oversight Committee activity, as well as available balance of the Measure S Fund, demonstrates the efforts of residents who have volunteered their time towards helping to manage the use of these funds, as well as promotes fiscal transparency.

RECOMMENDATION
Receive and File
Napa County Sheriff's Department
2022 First Quarter Information Report

Oscar Ortiz, Sheriff-Coroner
Presented by
Sgt. Ryan McWilliams
 Calls for service: We responded to 891 calls in
the Town of Yountville. That is down 52 calls this
quarter last year.
 Reports: We took 16 written investigative reports.
 Arrests: We made 2 arrests this quarter.

First Quarter 2022 Trends
& Our Response
 Crimes against persons- We had 1 aggravated assault
this quarter & no domestic violence incidents
 Crimes against property- We had 4 petty thefts and 2
grand thefts this quarter, all from motor vehicles.

There were no residential or commercial burglaries.
 We had no auto thefts this quarter.

First Quarter 2022 Trends
& Our Response
 Traffic Collisions- 0 non-injury / 1 injury
 Traffic Stops- 42 stops this quarter
 Traffic Citations-7 traffic citations
 Vehicle Checks – 11 vehicle checks
 Parking Citations- 44 parking citations
Fourth Quarter 2021 Trends
& Our Response
On the afternoon of February 10th, Deputy Vannoy responded to a vehicle burglary at the North Block Hotel.

Prior-convicted felons Lamar Crawford and Jamari Robinson, along with an unidentified third suspect, burglarized a visiting couples vehicle within one minute of their arrival at the hotel. Among the items stolen was a semi-auto pistol, a laptop computer, $1200 in cash and over $10,000 in jewelry.

Deputy Vannoy obtained video of the incident and broadcast a description of the suspect vehicle within minutes of his arrival.

Yountville Sheriff’s Highlight

Yountville Sheriff’s Highlight
An American Canyon deputy spotted the vehicle in the southern end of the county and a high speed pursuit ensued.

The suspect vehicle crashed and all suspects fled the scene on foot in the city of American Canyon. A perimeter was set and a search was conducted yard by yard. After an hour and a half search, two of the three suspects were located and apprehended. All stolen property was recovered and returned to the victims.

In all, 29 officers/deputies were involved in the response and apprehension, including four K9 units, two drones and a CHP airplane.

“Smash and grab” burglaries are commonplace in Napa County and the greater Bay Area, particularly from restaurant and winery parking lots.

How do these criminals know which vehicles to target?
Laptops, iPads, cell phones and other gadgets emit wireless signals, even when closed or in sleep/standby modes. WiFi and Bluetooth scanners are legal to own and readily available to purchase for anywhere between $40-$150.

If you must leave these electronic gadgets inside your unattended vehicle, put them into airplane mode or make sure they are completely powered off.

Safety Tip Reminder
Yountville Sheriff’s Follow-Up
You may recall in December 2021, Deputy Carrillo responded to a residential burglary where an elderly couple lost over $12,000 in cash and jewelry. Following an outstanding investigation, the suspect, Jon Stinson, was charged with felony burglary, elder abuse and receiving stolen property. Much of the victim’s property was recovered, and Stinson has been linked to several other cases in Napa and Solano Counties.

Stinson has since been sentenced to one year in jail and two years formal felony probation. He has been ordered to pay victim restitution in the amount of $20,000, and as a condition of his sentencing been banned from Ranch de Napa for a period of no less than two years.

Thank You
Town of Yountville
QUARTERLY REPORT JANUARY FEBRUARY MARCH 2022
Prepared By Engineer
Town of Yountville
Quarterly Report 1st Quarter 2022
74 114
142
2 Requests For Service 1st Quarter
2022
Town of Yountville County Areas
Veterans Home City of Napa
74 114
142
2 Requests For Service 1st
Quarter 2021
Town of Yountville County Areas
84 134
230
4 Requests For Service 5 Year
Average
Town of Yountville County Areas Veterans Home City of Napa Medical Aids
74%
Public Assists
12%
Traffic Collisions
1%
Vehicle Fire
0%
Alarm Sounding
8% Structure Fire
1%
Vegetation Fire
0%
Misc Fire
0%
Rescue
0%
Hazardous Conditions
3%
Town of Yountville Statistical Analysis
Medical Aids Public Assists Traffic Collisions Vehicle Fire Alarm Sounding Structure Fire Vegetation Fire Misc Fire Rescue Hazardous Conditions Medical Aids
93%
Public Assists
1%
Traffic Collisions
0%
Vehicle Fire
0%
Alarm Sounding
5%
Structure Fire
0%
Vegetation Fire
0%
Misc Fire
0%
Rescue
0%
Hazardous Conditions
1%
Veterans Home Statistical Analysis
Medical Aids Public Assists Traffic Collisions Vehicle Fire Alarm Sounding Structure Fire Vegetation Fire Misc Fire Rescue Hazardous Conditions Quarter in Photos
Coqueta Fire
Quarter in Photos
Vegetation Fires
Quarter in Photos
Volunteer Training
Quarter in Photos
NIRT Training
Quarter in Photos
Structure Fire Training
Measure L
Durable Funding for the Napa County
Community Wildfire Protection Plan
StopNapaFires.com
2 What is Measure L ?
• ¼ cent sales tax, for 10 years
• Special tax- can only be spent on
enhanced wildfire prevention per the
approved expenditure plan.
• Revenues go to the County, Cities and
Town
• Oversight, auditing, transparency
• Large part of revenue comes from
visitors (30%+/-)
• 100% of revenues stays in county
• Reducing wildfire risk and protecting public safety in Napa County are critical.
• 91% of voters agree that greater fire prevention is important. • The cost for effective wildfire prevention projects exceeds the limited available government funding.
• We must do our part and take responsibility for our own safety. • That’s Measure L.
3 Why We Need Measure L
• Napa residents lost nearly $1 billion due to the 2017 & 2020 wildfires • Wildfires are becoming more frequent and extreme
• We can control wildfire risk: reduce fuel loads; improve home safety; improve fire fighting access and evacuation route safety; increase firefighting resources. • We have a strategic Plan: The Countywide Community Wildfire Protection Plan The CWPP is an analytical framework for prioritizing wildfire prevention projects critical to protecting residents, infrastructure, and forest health throughout Napa County developed by a collaborative of hundreds of residents, local governments, community organizations, and wildfire experts after the 2017 and 2020 fires. • At least $43 Million is needed to fund the most critical projects over first 5 Years • We need stable and reliable funding to execute the CWPP projects • Measure L will bring in steady funding; Visitors will pay a large portion of the tax • Grant funding is unreliable, competitive, sporadic, and often inadequate. • Local match funding makes us more competitive for grant funding. • Let’s work together to solve this problem locally.
4 Why Else We Need Measure L
Napa County – Fire Risk Status
Catastrophe followed by a clear Action Plan
• Motivated by the wildfires, the community organized at a county/local level with support from CalFire to create a Community Wildfire Protection Plan (CWPP) that highlighted key strategic initiatives that needed to be pursued to better protect the county from wildfire.
• The CWPP was created by local Napa citizens from over 30 organizations including 15 Fire Safe Councils who are residents and landowners.
• The CWPP is based on fire science and identifies key strategic elements including Fuel reduction and Outreach and Education.
• From the CWPP, a 5-year fuel reduction action plan was developed. • The Plan is designed to evolve over time based on changing conditions and future fires.

CWPP: Fuel Reduction Projects
Fuel reduction work along
existing County roads
Safer routes for evacuations
and incoming first responders
Shaded Fuel Breaks around
communities
Minimize loss of homes and
lives
Strategic Fuel Breaks
Set up, stage and stop a
wildfire before it becomes a
mega-fire
7 Other Parts of the CWPP
• Wildfire response support and
enhanced fire services, inc/
maintaining or improving select
dozer lines installed during
wildfires.
• Communication & education
programs.
• Protecting drinking water facilities
inc/ hardening of existing
structures and defensible space
around.
• Planning program to coordinate
work with jurisdictions.
8 Why Measure L – Why Not State/Fed Grants??
• Truly getting ahead of this problem is anticipated to cost around $15-$20 million a year for the next 10/+ years. During that time, we are likely to have more fires that will have even higher costs. Napa Firewise and the County are already pursuing nearly $50 million in State and Federal Grants that, if awarded, will pay out over the next 5 years. Those grants require county matching, often on a 1:1 basis. Measure L Funds will be used as critical matching funds to help unlock tens of millions in grant money.
• While there is existing State Funding $138 Million it is split between many counties and is not guaranteed. If napa was funded every year with our pro-rata share it would only be $2.3 million for an effort that requires us to spend $10-$20 million annually. Measure L eliminates a dependency on uncertain funding from grants while enhancing our ability to secure grant funding. • The measure anticipates and maximizes other funding sources. The individuals at Napa Firewise, Napa County and Cal Fire, know of all available funding sources and have already raised millions through available grants. That success is not enough, and any further grant success will be predicated on matching funds. Measure L takes into consideration and supports further grant writing efforts.
• Grants are an important part of the effort, and they are expensive to pursue, have long seasonal cycle times, take months to write, generally require a matching source, and if awarded are generally spent over several years. Measure L takes into consideration and supports further grant writing efforts.
• Measure L seeks to minimize the severe health effects of toxic smoke by spending funds to prevent these
catastrophes in the future.
• Measure L ensures adequate funding is in place for
compliance with CEQA and other environmental
regulations.
• Measure L will protect critical water storage infrastructure and prevent adverse impacts to water quality.
10 Why Measure L – Environment/Health
• While many residents are challenged by current economic inflation, it is critical to understand that rising rents, insurance costs and building supply costs have been severely influenced by destruction and rebuilding of housing stock in Napa. • Measure L helps to prevent the worst inflationary and economic impacts caused by catastrophic fires in Napa County
• The Property and Commercial Insurance Industries want to see that communities are investing in substantial ways to improve community fire safety. • A new insurance framework is being discussed in Sacramento that would guarantee certain insurance coverage for property in counties with a “Fire Safe” designation. • Yes on Measure L and funding/delivering the CWPP would make us a “fire safe” community!
11 Why Measure L – Economic Benefits
Sensitive to Effect on Working Families
• Working families were hit hardest economically in the fires of 2017 and 2020 in loss of wages, child-care coverage, housing dislocation, and job loss.
• An additional ¼ cent adds $25 for every $10,000 in sales taxable transactions, which does NOT apply to the vast majority of things families spend on (housing, healthcare and groceries).
• Example: Min. wage worker making $30k per year, assume $5k taxable~~
$12.50 -- total cost of measure L per year
$120.00 – lost wages in one day x10!!
• The modest increase Measure L brings pales in comparison to what working families are likely to save from avoiding future wildfire disasters.
12 SUPPORT FOR MEASURE L
• Napa Firewise Foundation & Fire Safe Councils
• Cal Fire- Firefighters Union Local 2881
• Napa Democratic Central Committee
• Democrats of Napa Valley
• Napa Climate Now!
• Vision 2050
• Save Napa Valley (formerly GVRA)
• Friends of the Napa River
• Land Trust of Napa County
• Napa Valley Vintners
• Napa County Farm Bureau
• Winegrowers of Napa Valley
• Napa Valley Grapegrowers
• St. Helena Hospital
• Chambers of Commerce
• North Bay Association of Realtors
• Visit Napa Valley
13 Will you join our coalition?
• Congressman Thompson
• Senator Dodd
• Assemblymember Aguiar-Curry
• Napa County Supervisors
• Mayor Canning, Calistoga
• Mayor Ellsworth, St. Helena
• Mayor Dunbar, Yountville
• Mayor Garcia, American Canyon
• Tim Borman, ret. City of Napa Fire Chief
• Pam Kindig, ret. County Auditor-Controller
• and counting……..

SUPPORT FOR MEASURE L
“Measure L is
absolutely necessary.”
-St. Helena Star Editorial Board
14 Questions?
Christopher Thompson | (707) 260-4418 | [email protected] Ryan Gregory | (707) 337-4962 | [email protected] StopNapaFires.com
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 9A
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: Kirsty Shelton, Planning & Building Director
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Introduce and waive the first reading of Ordinance Number 22-507, the Washington Street Activation Ordinance.

The proposed Washington Street Activation Ordinance is to establish a process to permit business owners in the Washington Street Activation Zone to allow for accessory uses associated with the business operations that either occur outside or provide interest to Washington Street.

DISCUSSION/BACKGROUND
Staff presented to the Council on March 15th to receive direction on what elements of the Economic Recovery Program (ERP) the Council would like to have on a more permanent basis. The Council provided direction to Staff to return with a streamline process for approving outdoor dining, temporary retail, and curbside pickup. Since then, Staff has reached out to the business community, sent letters and emails to all participants in the ERP, and presented and received feedback from the ZDRB on April 12th.

Attached for your review and approval is a draft Washington Street Activation Ordinance. The Ordinance authorizes Staff to permit these activities ministerially if they meet certain standards. Staff has prepared S\standards for Outdoor Uses, Temporary Retail, and Curbside Pickup (“Standards”). These draft Standards were presented to the ZDRB and are attached for your review and direction. In summary the following comments were added based on ZDRB feedback:
1- Landscape elements to be limited to 36”, unless not located on the street frontage to provide interest (such as corner elements).
2- Require historic evaluation if it relates to a historic structure., 3- Encourages awnings or permanent shade structures.
4- All plantings must be drought tolerant.
5- Design shall be appropriate in keeping with the existing architectural design and adopted commercial Design Standards.

Some of the ZDRB feedback included a request for them to be noticed for elements affixed to the building, such as an awning. Staff’s understanding of Council’s direction was that the intent of this Ordinance was to be a streamline approval and it is drafted that way. All actions by the Planning Director are appealable to the ZDRB and likewise all actions from the ZDRB are appealable to the Council. As part of the permit process, Staff will post a Notice of Action and send it to the ZDRB and Council. If it is Council’s direction to include a more formal noticing and public hearing process, we would need to amend the attached Ordinance.

This is the first reading, the introduction to the Washington Street Activation Ordinance, at the next hearing, on May 17th, will be the second reading and ultimate adoption of the Ordinance. The Ordinance is effective 30- days later, on June 17th. In addition to the adoption of the Ordinance at the next meeting, Staff will be requesting approval of a Resolution approving the final Standards that will include any comments from the Council and the public from today’s meeting.

For some background, the following are definitions that have been expanded based on direction:
“Washington Street Activation Zone” includes all properties abutting Washington Street, or within one block thereof, with a valid use permit authorizing a commercial use. “Accessory Uses” means outdoor seating associated with a business; temporary retail; temporary food and beverage service; curbside pickup of food and beverages; and/or other outdoor uses authorized by the Planning Officer.
“Quasi-Public Improvements” means improvements of a private and permanent nature that business owners place in the outdoor area(s) associated with the business and/or the sidewalk area(s) located immediately in front of the place of business.

In summary, Staff anticipates about twenty of the forty businesses that participated in the ERP to apply for a Permit associated with the Washington Street Activation Ordinance. Staff will work with them to submit a complete application consistent with the attached draft Standards. Ongoing enforcement of these permits will happen annually as part of the Use Permit compliance program.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? No
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Yes

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Engaged Residents: The Town embraces our residents' commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the quality of life in Yountville. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Encouraging activation of the streetscape provides a unique pedestrian experience and provides a lively atmosphere for both residents and visitors alike.

By streamlining the process, it will encourage more outdoor activity and reuse of currently vacant commercial spaces.

RECOMMENDATION

1. Receive Staff report and direct questions to Staff

2. Open the Public Hearing and receive public testimony.

3. Hold Council discussion, Introduce and Waive the First Reading of Ordinance Number 22-507 and provide direction, if any relating to the Standards to return to the next Council meeting of May 17th for adoption. 279711.1
Town of Yountville
Ordinance Number 22-507

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE ADDING CHAPTER 17.170 TO TITLE 17 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING

ACCESSORY USES AND QUASI-PUBLIC IMPROVEMENTS IN THE WASHINGTON

STREET ACTIVATION ZONE
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE ADDITION: Chapter 17.170 of Title 17 of the Yountville Municipal Code is hereby added to read as follows:

CHAPTER 17.170 ACCESSORY USES AND QUASI-PUBLIC IMPROVEMENTS IN THE

WASHINGTON STREET ACTIVATION ZONE

17.170.010 Title.

17.170.020 Purpose.

17.170.030 Definitions.

17.170.040 License agreement or permit.

17.170.050 Submittal requirements.

17.170.060 Standards, guidelines, and regulatory authority.

17.170.070 Exceptions.

17.170.010 Title.

This chapter shall be known as the Washington Street Activation Zone Ordinance.

17.170.020 Purpose.

This chapter establishes a process to permit business owners in the Washington Street Activation Zone to use the outdoor area(s) associated with the business and/or the sidewalk area(s) located immediately in front of the place of business for Accessory Uses and/or Quasi-Public Improvements.

17.170.030 Definitions.
“Washington Street Activation Zone” includes all properties abutting Washington Street, or within one block thereof, with a valid use permit authorizing a commercial use. 279711.1
“Accessory Uses” means outdoor seating associated with a business; temporary retail; temporary food and beverage service; curbside pickup of food and beverages; and/or other outdoor uses authorized by the Planning Officer. Accessory Uses shall conform to the standards and guidelines contained in or authorized by this chapter. “Quasi-Public Improvements” means improvements of a private and permanent nature that business owners place in the outdoor area(s) associated with the business and/or the sidewalk area(s) located immediately in front of the place of business, but which are of benefit to the general public. Quasi-Public Improvements shall conform to the standards and guidelines contained in or authorized by this chapter and may include, but are not limited to, benches, planters, tables, chairs, and landscaping features.

17.170.040 License agreement or permit.

A. Business owners in the Washington Street Activation Zone may provide for Accessory Uses and/or Quasi-Public Improvements by entering into a license agreement with the Town or securing a permit therefor as follows:

1. If the Accessory Uses and/or Quasi-Public Improvements will be, in whole or in part, in the sidewalk area(s) located immediately in front of the place of business or otherwise in the public right-of-way, the business owner shall enter into a license agreement with the Town, to be negotiated, executed, and administered by the Planning Officer or her or his designee. A license agreement approved hereunder shall be valid for one year, or a shorter period in the discretion of the Planning Officer, and subject to the provisions negotiated by the Planning Officer.

2. If the Accessory Uses and/or Quasi-Public Improvements will be wholly located in the outdoor areas associated with the business and not in the sidewalk area(s) located immediately in front of the place of business or otherwise in the public rightof-way, the business owner shall secure a permit therefor from the Planning Officer.

A permit granted hereunder shall be valid for one year, or a shorter period in the discretion of the Planning Officer, and subject to any conditions imposed by the Planning Officer.

B. The Planning Officer may approve a license agreement or grant a permit hereunder if the proposed Accessory Uses and Quasi-Public Improvements:

1. Meet the requirements of this chapter and Title 17;

2. Complement surrounding uses, whether existing or planned; and

3. Are consistent with the purposes and objectives of Title 17.

C. In approving, granting, or denying a license agreement or permit hereunder, the 279711.1
Planning Officer shall provide her or his decision in writing stating the reasons therefor.

D. The Town Council may by resolution establish a fee for processing applications for license agreements and permits under this chapter.

17.170.050 Submittal requirements.

An application for a new or renewed license agreement or permit under this chapter shall be submitted on a form approved by the Planning Officer and shall include a scaled plan, drafted in a legible manner, showing the proposed location, size, number, and type of Accessory Uses and/or Quasi-Public Improvements as well as a description thereof.

Photographs and mock-up displays are encouraged and may be required in the discretion of the Planning Officer.

17.170.060 Standards, guidelines, and regulatory authority.

Accessory Uses and/or Quasi-Public Improvements in the Washington Street Activation Zone shall adhere to standards and guidelines prepared by the Planning Officer and approved by the Town Council. The Planning Officer may propose standards and guidelines and amendments thereto from time to time under this chapter and, when approved by the Town Council, the standards and guidelines shall be binding and enforceable as though set forth in this chapter.

17.170.070 Exceptions.

A. A license agreement or permit under this chapter shall not be required for any Outdoor Use and/or Quasi-Public Improvements authorized by this code or authorized by any other permit or entitlement issued under this code.

B. A license agreement or permit under this chapter shall not be approved or granted for any Accessory Uses and/or Quasi-Public Improvements prohibited by this code or prohibited by any other permit or entitlement issued under this code.

C. A business owner with a license agreement or permit approved or granted under this chapter shall not be required to secure any other permit or entitlement under this code for the same Accessory Uses and/or Quasi-Public Improvements for which the license agreement or permit was approved or granted.

SECTION 2. CEQA: The Town Council has considered all of the evidence in the record, including the staff report, the testimony received during the meeting on the matter held by the Town Council, and hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact. To the extent this Ordinance is a project under CEQA, 279711.1
it is exempt under CEQA Guidelines sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), 15304 (Minor Alterations to Land), 15305 (Minor Alterations in Land Use Limitations), 15311 (Accessory Structures), and 15332 (InFill Development Projects).

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

SECTION 5. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the 3rd day of May, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the __ day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Gary B. Bell, Town Attorney

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04/27/2022 Version 5 – including ZDRB comments for review by Town Council 5/3/32022 to be revised and finalized for adoption 5/17/2022
DRAFT – for Town Council & Public Review
Standards
for the Washington Street Activation Zone
A. OUTDOOR SEATING

1. PURPOSE
Small, bistro-style tables that were temporarily allowed as part of the Economic Recovery Program (ERP) have created a streetscape typically associated with European streets lined with cafes. This creates a warm, inviting atmosphere, and provides interest to the pedestrian. The purpose of this document is to establish outdoor seating standards for businesses located on Washington Street or within one block in the proximity and ancillary to the primary use. These standards accommodate pedestrian circulation, meet applicable code requirements, as well as create well-designed and visually attractive outdoor dining areas that creates a vibrant streetscape.

1. REQUIREMENTS FOR ELIGIBLE USES
a. An outdoor seating permit and license agreement is required for all outdoor seating not already governed by the Use Permit. b. Installation or construction of outdoor dining landscape barrier may not begin until an Outdoor Dining License Agreement is signed by the Town Manager.
c. Must have Washington Street visibility. This includes courtyard/alleyways seen by the pedestrian from Washington Street. d. Must be in the Employee Parking Management Program.
e. Must be a permeant food or beverage provider with an operating Use Permit within the Town limits.
f. Establishments that serve alcoholic beverages are required to meet additional specific standards and meet applicable state requirements. g. Provide a seasonal plan that complies with the approved Use Permit for the property regarding the overall approved number of patrons (and not to exceed). Businesses shall be subject to unannounced audits/spot checks or submit monthly reports outdoor dining areas.

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04/27/2022 Version 5 – including ZDRB comments for review by Town Council 5/3/32022 to be revised and finalized for adoption 5/17/2022

2. REQUIREMENTS FOR ELIGIBLE SITES AND CONFIGURATIONS
a. If the building has potential historic eligibility, any permeant fixtures must be evaluated by a historic architect for compliance with the standards.
b. Areas covered by these standards are limited to commercial businesses located on Washington Street or proximal to Washington Street and must provide street activation.
c. All outdoor dining areas shall fully comply with Americans with Disability Act (ADA) requirements, as required by Title 24. These incudes but may not be limited to one wheelchair seating space shall be provided for each 20 seats, with a minimum of 36-inch egress aisle width shall be maintained for access to that seat.
d. In addition to the ADA access internal to the outdoor dining areas, the public right of way ADA access shall always be protected. e. Establishments which serve alcoholic beverages are required to provide a physical barrier that meets the requirements of this document and those of the Alcoholic Beverage Control Board. f. The outdoor seating area must promote a visual relationship to the street and the establishment to which it is ancillary.

3. DESIGN CRITERIA
a. Site plan submittal requirements:
i. Show existing structures and location of property line and indicate setbacks and dimensions.
ii. Show locations of encroachment onto public right of way, if applicable.
iii. Depict location of public open space as conditioned in the operating Use Permit, if applicable.
iv. Include a landscape plan with material, location, type of plant, and size.
v. Include a shade plan. Note, umbrellas may not impede the sidewalk. If long term shade is provided by affixing an awning or the similar to the structure.
vi. Adequate pedestrian access must be shown which is eight (8) feet of unobstructed access between chair/table and curb edge or street furniture. Access may be less under certain
circumstances but not less than five (5) feet of unobstructed areas.
vii. Show that the outdoor seating will maintain and not inhibit public pedestrian access compliant with Title 24 (48” clear unobstructed path).
viii. Depict designated locations and walkways. Food serve aisles shall be not less than 36” wide and not need to be greater than 42”.

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04/27/2022 Version 5 – including ZDRB comments for review by Town Council 5/3/32022 to be revised and finalized for adoption 5/17/2022
ix. Additional information as determined necessary from the Public Works or Planning and Building Department.
b. Design criteria:
i. No temporary ropes. The Design shall be appropriate and keep within the architectural design of the primary structure and be consistent with the Design Standards.
ii. Outdoor landscape pots or containers are encouraged, water drainage onto the sidewalk is not allowed and must be drought tolerant.
iii. Long-term outdoor furniture shall provide interest and be subtle. iv. No permanent modifications within the Right of Way, such as borings for recessed sleeves or post holes, is not permitted. v. All barriers must be able to withstand inclement outdoor weather.
vi. The maximum height of an opaque barrier and the bottom of any awning shall remain open, inclusive of landscaping. No transparent barriers are permitted above 36” tall between the top of the opaque barrier and the bottom of the awnings of the streetside. There may be taller features to provide interest, but they shall not block the primary view to the street.
vii. Retractable awnings and umbrellas may extend over the entire area and shall comply with the provision of the Uniform Building Code (UBC). Complete details shall be submitted to the
Building Department for the approval of the support system and attachments to the existing building.
viii. Independent heating/cooling systems shall be integrated into the design.
ix. Lighting Fixtures, if provided, may be permanently affixed onto the exterior front of the primary building, must be downlight and not protract to neighboring properties. Any electrical
modification will require an electrical permit from the Building Department.

4. OPERATIONAL CRITERIA
a. Must present a plan demonstrating compliance with the overall approved number of patrons (and not to exceed). Business shall be subject to unannounced audits/spot checks or submit monthly reports. b. Hours of operation may not exceed the hours of operation of the operating Use Permit.
c. All provisions of the agreements must be always complied with, failure to comply m ay result in revocation of use.
d. Any modification to the approved plans must be approved in writing and include an amendment to the license agreement signed by the Town Manager.

Page 4 of 5 ends

04/27/2022 Version 5 – including ZDRB comments for review by Town Council 5/3/32022 to be revised and finalized for adoption 5/17/2022
e. All plans are subject to the approval of the Planning & Building Department, Public Works, Town Engineer, and the County Environmental Management Department.
f. If any form of music or entertainment, the sound shall be less than 75 decibels at the property line, unless approved as part of a Special Event. g. The parking requirements in the approved Use Permit
h. Smoking shall be prohibited in outdoor dining areas. i. The business may continue to use existing furniture in place under the approved ERP through December 31, 2022 while new furniture is to be delivered subject to approval of an Outdoor Dining License and/or Permit and proof of ordering furniture is submitted.

B. CURBSIDE PICK UP

5. PURPOSE
Curbside pickup assists businesses and residents alike. The purpose of this section is to provide standards for curb side pickup of to-go food or beverages.

6. REQUIREMENTS FOR ELIGIBLE USES
a. Must be a use permitted business that provides food or beverages. b. Must be in the Employee Parking Management Program.
c. Must be located within the Washington Street Activation Zone

7. REQUIREMENTS FOR ELIGIBLE SITES AND CONFIGURATIONS
a. Curbside pick up shall be located at a reasonable location proximal to the business.
b. Sign shall indicate hours of operations or be temporary during times of operation.

8. DESIGN CRITERIA
a. Site Plan must delineate the parking space designated for curbside pickup.
b. Sign must be made of permeant materials, matching the architecture and style of the primary use.
c. Site Plan shall show the location of the permeant sign.

9. OPERATIONAL CRITERIA
a. Must present a plan demonstrating compliance with the overall approved parking plan.
b. If located on public right of way, a revocable licensee agreement shall be entered into.

Page 5 of 5 ends

04/27/2022 Version 5 – including ZDRB comments for review by Town Council 5/3/32022 to be revised and finalized for adoption 5/17/2022
C. TEMPORARY RETAIL ACTIVATION

1. PURPOSE
The purpose of this document is to provide standards to support limited term retail related uses. These limited term retail uses can be outdoors, within vacant retail floor area, public spaces, and or within pedestrian areas.

2. REQUIREMENTS FOR ELIGIBLE USES
a. Must be located within the Washington Street Activation Zone.

3. REQUIREMENTS FOR ELIGIBLE SITES AND CONFIGURATIONS
a. Must provide a site plan that includes the location and dimensions of proposed use.
b. Must provide a letter of intent that describes the proposed temporary operations.
c. Must have the property owner approval.

4. DESIGN CRITERIA
a. Temporary signage shall adhere to the Town’s sign program. b. Temporary design elements shall be included in the scope and be harmonious to the adjacent architectural themes.

5. OPERATIONAL CRITERIA
a. The temporary use shall be limited in time, size, and scale.

From: Hillery Trippe
To: Public Comment
Subject: [EXTERNAL] Council Meeting 5/3 Agenda Item 9-A Date: Monday, May 2, 2022 2:51:58 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

I support the ordinance extending outdoor dining along Washington Street. Residents and visitors have enjoyed this option. The ordinance has adequate protections to make sure sidewalks are usable and it includes provisions to make sure the furniture and set up are aesthetically pleasing. It makes good sense that this activity is subject to a license agreement with the Town as opposed to the more lengthy use permit procedures. This makes it flexible in terms of standards set by the Town and more expeditious for the businesses involved. As resident and a member of ZDRB, I wholeheartedly encourage the council to adopt the propose this ordinance.

From: David O"Malley
To: Public Comment
Cc: Steve Rogers; Whitney McEvoy
Subject: [EXTERNAL] Comment to Council--5/3--Item 9.A
Date: Monday, May 2, 2022 10:52:01 AM
Attachments: image001.png
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Good Afternoon, Council MembersFrom Chef Michael Chiarello, myself and all of our Yountville Team Members, we want to thank you for all the temporary modifications to business operations that you have allowed Bottega, ottimo & COQUETA/Napa Valley through the COVID pandemic. It has been a tremendous help to know that we have local governmental support to allow us to survive this crisis and, hopefully, come out stronger on the other side of this pandemic. This has been in stark contrast to the reception that we received from the BCDC (Bay Conservation and Development Commission) with our restaurant, COQUETA/San Francisco, on the San Francisco Waterfront. Thank you.

The flexibility for Outdoor Seating allowed us to pivot with all the changes in Covid rules, so that we were able to keep the majority of our Internal Guests employed through these challenging times.

Outdoor seating also allowed us to best service our External Guests with any concerns they might have had regarding Indoor Dining. This allowed us to survive as we waited for business demand to return to Yountville. The Outdoor seating modifications has not altered our Internal Guest headcount, we have just been able to spread out our Team Members in creative ways to service our Guests.

These temporary modifications also allowed us to re-imagine our business model(s), and with the help of Federal Government financial support, we are looking to re-invest in our businesses to better serve our Local clientele as well as Visitors to Yountville. We are currently working through some new proposals that will allow us to invest in more permanent furniture and landscaping around our businesses. Thank you again for all your continued support. We look forward to a great Recovery.

Respectfully,
David O’Malley
David O’Malley
COO/Partner
Gruppo Chiarello
6525 Washington Street, Suite D-2B
Yountville, CA 94599
415-939-1031 m
coquetasf.com | botteganapavalley.com | ottimo-nv.com | coquetanv.com | chiarellovineyards.com From: Larry Fox <
Sent: Saturday, April 30, 2022 4:13 PM
To: [email protected]
Cc: Whitney Diver McEvoy <[email protected]>; Steve Rogers <[email protected]> Subject: Item 9.A at 5/3 Town Council Meeting
Dear Mayor and Council Members,
We’d like to add our names to the many who are in support of continuing the outdoor protocols for dining and drinking that were enacted during the worst of the COVID-19 pandemic. These protocols were/are very important:
- they enhanced the hospitality experience of Yountville during a difficult time while helping local businesses better survive the economic downturn
- they continue to be important now because many people remain skeptical of dining within closed environments
- going forward, they offer an alternative to indoor dining that is good for customers, and good for our businesses
We were fortunate to live in Europe for over 8 years, where outdoor dining is available in virtually every country, city and town. It’s a wonderful addition to the quality of life, it provides more options for local businesses, and it’s more fun!
As a volunteer at the Welcome Center, Larry talks with guests from around the world who are familiar with outdoor dining (in fact, they often prefer it), and they often request an outdoor option. They were often disappointed prior to COVID when we told them outdoor dining options were limited within Yountville. We’re extremely fortunate to have near-perfect weather most of the year – let’s make better use of it!
The Council now has an opportunity to take another step to ensure that Yountville remains at the forefront of dining in the Napa Valley. It’s no secret that the city of Napa has embraced outdoor dining in several areas and the restaurants, and tourism, are thriving.

Best Regards,
Larry & Rita Fox
Letter of support to the Washington Street Activation Zone Ordinance Tuesday, May 3rd, 2022
Dear Yountville Town Council,
We thank and applaud your support of Yountville businesses throughout the COVID-19 Pandemic, especially the temporary modifications to operations that were vital to the survival of many of our businesses.

Having had the ability to utilize/expand our outdoor spaces at Handwritten Wines and Jessup Cellars was a critical necessity with the suspension of indoor operations. As a result, over the last two years, we have watched our outdoor areas come to life! There is a true vibrancy that can be felt throughout the town!
The temporary modifications have not impacted parking or required any increases to employee headcount. Our goal is to make our outdoor spaces as beautiful and functional as possible so we may continue to deliver the world-class experiences for which our businesses and Yountville are known. Therefore, we are investing in permanent solutions for outdoor furniture, shading, and landscaping - Operation Beautify!
Again, we are sincerely appreciative for the temporary modification opportunities for our businesses in an incredibly challenging time. This program exceeded our expectations of the town's commitment to local business prosperity. We hope the temporary modifications will become permanent and know it is our promise to continue to use the outdoor spaces positively, responsibly, and beautifully.

Sincerely,
Tracy McArdle
General Manager
The Good Life Wine Collective
Handwritten Wines | Jessup Cellars
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Gary Bell, Town Attorney
SUBJECT:

Introduce and Waive First Reading of Ordinance Number 22-508 Adding Chapter 8.26 to Title 8 of the Yountville Municipal Code Regarding Expressive Activities and Expressive Events

DISCUSSION/BACKGROUND
This Ordinance defines “expressive activities” and “expressive events” as conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas, or a special event for the purpose of engaging in constitutionally protected activity. For example, this includes campaigning, advocating for or against a cause or viewpoint, and soliciting others on these topics. Although these activities and events might also be subject to other provisions of the Yountville Municipal Code, like Chapter 5.20 (Peddlers and Solicitors), Chapter 8.24 (Special Events), and Chapter 12.04 (Street and Sidewalk Excavations and Encroachments), they are subject to different constitutional protections making existing provisions of the municipal code difficult to apply in some cases.

This Ordinance adds a new chapter to the Yountville Municipal Code, specifically for expressive activities and expressive events, that:

1. Exempts expressive activities and expressive events from other provisions of the Yountville Municipal Code that might apply;

2. Requires a permit for those engaging in expressive activities or expressive events;

3. Requires an application for a permit be submitted five or seven days – and up to one year – before the expressive activity or expressive event, accompanied by an application processing fee established by the Town Council and a refundable deposit;

4. Requires the Town to issue a decision on the permit within three or five business days depending on the number of persons attending the expressive activity or expressive event;

5. Requires the Town to issue the permit if: (i) the conduct of the expressive activity or expressive event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location, (ii) the conduct of the expressive activity or expressive event is not reasonably likely to cause injury to persons or property, and (iii) if held on public grounds, the expressive activity or expressive event is not held for the sole purpose of advertising any product, goods, wares, merchandise or event and is not designed to be held for private profit.

If the Town Council introduces this Ordinance, it will be placed on a future agenda for second reading and will be effective 30 days after.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted?
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. This Ordinance will facilitate and streamline the process for persons engaging in expressive activities and expressive events in the Town.

RECOMMENDATION
Introduce and Waive the Reading of Ordinance Number 22-508 Adding Chapter 8.26 to Title 8 of the Yountville Municipal Code Regarding Expressive Activities and Expressive Events 278355.1
Town of Yountville
Ordinance Number 22-508

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE ADDING CHAPTER 8.26 TO TITLE 8 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING

EXPRESSIVE ACTIVITIES AND EXPRESSIVE EVENTS
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE ADDITION: Chapter 8.26 of Title 8 of the Yountville Municipal Code is hereby added to read as follows:

Chapter 8.26 –EXPRESSIVE ACTIVITY AND EXPRESSIVE EVENTS

8.26.010 Expressive Activity and Expressive Events
A. The purpose of this chapter is to regulate expressive activities and expressive events in the Town as distinct from solicitation, other special events, and encroachments, to allow the free and safe flow of pedestrian and vehicular traffic, and to protect First Amendment rights. It is the intent of this chapter to respect the rights of free expression guaranteed by the California and United States Constitutions; to constitute reasonable, content-neutral, time, place and manner restrictions; and to impose the smallest burden on expressive activity necessary to accomplish the objectives of this chapter. This chapter shall be construed in light of this intent. A further purpose of this chapter is to promote the Town’s interest in regulating competing uses of public fora, in regulating the streets to protect the safety, comfort, and convenience of the public, and in ensuring adequate public safety and other Town services.

B. As used in this chapter, "expressive activity(ies)" shall mean conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.

C. As used in this chapter, "expressive event(s)" shall mean any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.

D. As used in this chapter, “Town Manager” means the Town Manager or his or her designee.

E. Persons engaged in expressive activities and/or expressive events are not subject 278355.1
to Yountville Municipal Code Chapters 5.20 (Peddlers and Solicitors), 8.24 (Special Events), 12.04 (Street and Sidewalk Excavations and Encroachments), or other provisions of this code in conflict with this chapter.

F. The Town Manager may issue rules and regulations regarding the time, place, and manner of persons engaging in expressive activities and expressive events. These rules and regulations must be posted in a public place and may not be enforced otherwise.

G. It is unlawful and a violation of this chapter for any person to organize, hold, manage, conduct, aid, participate in, form, start or carry on, any expressive activity or expressive event unless there has first been obtained from the Town Manager a permit to do so. The permit shall be carried by a person heading or leading the expressive activity or expressive event.

8.26.020 Application for Expressive Activities and Expressive Events A. Application. Any person desiring to conduct or manage an expressive activity or expressive event shall file with the Town Manager a verified application, on a form furnished by the Town Manager, setting forth the following information:

1. The name of the person or organization wishing to conduct the expressive activity or expressive event;

2. If the expressive activity or expressive event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and the name of the authorized and responsible head of such organization;

3. The name, address and telephone number of the person who will be the expressive activity or expressive event chair and will be responsible for its conduct;

4. The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

5. The location of the expressive activity or expressive event;

6. The nature of the expressive activity or expressive event;

7. The date(s) of which the expressive activity or expressive event will be conducted;

8. If applicable, the route to be traveled, the starting point and the termination point;
278355.1

9. The approximate number of persons, vehicles, and other things that will constitute or attend the expressive activity or expressive event;

10.The hour when the expressive activity or expressive event will start and terminate;

11.A description of any temporary structure;

12.A description of the intended parking facilities.

B. Time for Submitting Application. An initial application for an expressive activity or expressive event shall be submitted at least five business days prior to the planned date of the activity or event and no more than one year prior to the date thereof, except that applications must be submitted at least seven business days prior to the planned date of the activity or event if:

1. The expressive activity or expressive event is likely to be, or planned to be, in, upon, or along any portion of any Town street, sidewalk, alley, or other public right-of-way; or

2. The expressive activity or expressive event is likely to have, or planned to have, more than fifty (50) persons in attendance.

C. Application Processing Fee. The Town Council may establish by resolution an application processing fee, which shall be paid by applicants under this chapter. The Town Manager may waive the application processing fee based on a showing of economic hardship and for reasons unrelated to the content or viewpoint associated with the expressive activity or expressive event.

D. Refundable Deposit Required. As a permit condition, an applicant shall be required to provide a refundable security deposit in an amount set by the Town Manager and sufficient to ensure recovery of Town costs and resources, including, but not limited to, staff time in preparing for and monitoring the expressive activity or expressive event and cleaning and restoring Town property necessitated thereby.

An applicant who fails to abide by permit conditions may be subject to loss of security deposit. The Town shall prepare an invoice outlining expenses incurred and refund (or charge) the applicant the balance remaining (or owed). If an applicant owes the Town additional reimbursement, such reimbursement shall be made within thirty (30) days of receipt of invoice. Applicants with outstanding balances owed to the Town shall not be granted further permits until all balances owed are resolved.

E. Meeting. After submitting an application, the applicant shall schedule at least one meeting with the Town Manager, either in person or via telephone, to coordinate with the Town on the conduct of the activity or event and to review the requirements for processing the application.

F. Time for Action on Application for Small Expressive Activity/Event. For an 278355.1
expressive activity or expressive event not likely to have, or planned to have, more than fifty (50) persons in attendance, a final decision regarding the authorization of the activity or event shall be made within three (3) business days of the Town Manager's receipt of a complete application.

G. Time for Action on Application for Large Expressive Activity/Event. For expressive activities or expressive events that are likely to have, or planned to have, more than fifty (50) persons in attendance, a final decision regarding the authorization of the activity or event shall be made within five (5) business days of the Town Manager’s receipt of a complete application.

H. Notice of Decision. Applicants shall be notified of the Town Manager’s decision within one (1) business day after the decision is made.

I. Basis for Decision. In determining whether to authorize an expressive activity or expressive event, or any terms or conditions imposed thereon, the Town Manager shall not, under any circumstances, consider the message of the activity or event, the content of speech, the identity or associational relationships of the applicant, or make any assumptions or predictions as to reaction of the public to the content of speech or message conveyed by the activity or event.

8.26.030 Permit—Issuance.

The Town Manager shall issue a permit under this chapter if, from consideration of the application and such other information as may be obtained, he or she finds that:

A. The conduct of the expressive activity or expressive event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location; B. The conduct of the expressive activity or expressive event is not reasonably likely to cause injury to persons or property;
C. If held on public grounds, the expressive activity or expressive event is not held for the sole purpose of advertising any product, goods, wares, merchandise or event and is not designed to be held for private profit.

SECTION 2. CEQA: This Ordinance is not subject to CEQA because it does not involve exercise of a discretionary power under 14 CCR section 15060, subdivision (c)(1) as the ordinance is being adopted in response to a state mandate.

INTRODUCED by the Town Council at a regular meeting held on the 3rd day of May, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the _____day of ________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez
Town Clerk
Gary B. Bell
Town Attorney
From: Michael Borck
To: Public Comment
Subject: [EXTERNAL] Comment to the council -- May 3 2022 meeting -- agenda item 10.A Date: Monday, May 2, 2022 7:40:21 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Thank you for the opportunity to address the council concerning an ordinance on a permitting process to engage in ‘expressive activities.’
I am always concerned when a regulation concerning free speech is under discussion. While the ordinance stresses the need to respect the law concerning free speech and indicates that a decision may not be based on the subject-matter of the proposed activity, the approval process leaves lots of questions and a great many potential problems.

There are potential grey areas everywhere. Do all expressions require a permit?

1. Does a single person with a sign walking on Washington require a permit?

2. What of 5 people or 10? Should there be a limit before an application is required?

3. How about political speech on private property? What if that property is on Washington Street?

4. What about a candle-light vigil that springs up in response to a tragedy? Should those in grief wait the required 5 business days for approval?

5. How about union activity – a protest for wages or better working conditions? There are more.

What will the appeals process be if an application is rejected? History offers us so many lessons. I will not forget when the ACLU – an organization I support – sued to allow the American Nazis to demonstrate in Stokie, Illinois, a predominantly Jewish committee. As abhorrent as I found that on a personal level, I understood the need to protect that speech. This is one of the bedrock principles of our democratic nation.

We can hope we will not find ourselves in a similar position, but history suggests otherwise. And if we do, we should embrace that opportunity and not stand in the way of ‘expressive activities.’ I wish you a thorough and thoughtful discussion.

Thanks, Michael Borck
6786 Jefferson Street, Yountville
707.486.9500
Sent from Mail for Windows
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10B
Yountville Town Council Staff Report
DATE: May 3, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

Monthly Water Conservation Update and Consider Adoption of Resolution No. 22-4118 Implementation of updated Phase 2 Water Shortage Emergency Regulations

DISCUSSION/BACKGROUND
Water Conservation Update
With the recent April showers behind us and as we look to greet the May flowers, we turn our attention to the coming summer months where we must maintain our water conservation vigilance. The California Drought Monitor indicates the Napa Valley remains in the Severe Drought Category with Extreme Drought looming large on the horizon.

As such, the goal of using 400 Acre-Feet from Rector Reservoir will still be tracked by comparing current FY 21- 22 water use to FY 20-21 water use on a month-to-month and running total basis. At the time of the writing of this Staff Report the April 2022 water usage numbers were not available however they will be reported during the May 3rd Town Council meeting. As a reminder the February conservation number was only a 15.6% decrease and the March number was only a 17.7% decrease, both not meeting the 20% goal. This is a trend that will be ever more challenging to reverse as spring rolls into summer.

Phase 2 Water Shortage Emergency
Last year at the May 4th Town Council meeting, Town Council adopted Resolution 21-4054 approving the implementation of Modified Phase 2 Water Emergency Regulations in response to the drought and the initial notice from CalVET of only 400 Acre-Feet from Rector Reservoir and Treatment Plant. Staff has been implementing and enforcing the Modified Phase 2 Water Shortage Emergency Regulations consistent with Resolution 21-4054 since its adoption.

This year, as was presented at the April 5th Town Council meeting, the governor’s Executive Order N-7-22 is calling on local water suppliers to maintain Phase 2 Water Shortage Emergency regulations coupled with the CalVET Water Allocation Memo limiting the water allocation to 400 acre-feet, the Town is tasked with maintaining the 20-percent reduction into the next 15-months.

To meet this challenge the Town needs to renew our Phase 2 Water Shortage Emergency status with the adoption of Resolution 22-4118. Adoption of the proposed Phase 2 Water Shortage Emergency Resolution will automatically include Phase 1 Water Shortage Emergency Regulations and also clarify the Phase 2 language adopted previously based on staff’s application of the Phase 2 rules over the last year. Adoption of the resolution will implement the following Phase 2 Water Shortage Emergency regulations:

1. The Phase 1 water conservation measures remain in effect.

2. Commercial and industrial users shall reduce their water use by 20% of their use during the corresponding period of the preceding nonrationed year.

3. Residential users shall reduce their water use by 20%. In no event shall residential users exceed the following gallons per day per meter:
a. Residential meter serving one unit: 450 per day;
b. Residential meter serving two units: 700 per day;
c. Master meter serving more than two units, no separate irrigation meter: 250 per occupied unit plus an irrigation allotment totaling 40 gallons per day for each 1,000 square feet of landscaping. d. Master meter serving more than two units, with separate irrigation meter: 250 per occupied unit. e. These limits are to be applied “per day” and an average across a week or month shall not be allowed.

4. For a lawn, landscaping, or field irrigated through a Town Landscape Irrigation Meter dedicated to that use, usage shall be limited to 40 gallons per day for each 1,000 square feet of such lawn, landscaping, or field.

5. Regardless of water source, all outdoor irrigation shall be prohibited between the hours of 10:00 a.m. and 6:00 p.m.

6. Regardless of water source, even numbered addresses shall irrigate only on Monday and Thursday, odd numbered addresses shall irrigate only on Tuesday and Friday. There shall be no irrigation on Saturday, Sunday, and Wednesday.

7. Irrigation is not permitted during or 48 hours after measurable rainfall. Measurable rainfall is defined as ¼" in a calendar day (mid-night to mid-night).

8. No using of potable water to wash down structures, sidewalks, and driveways.

9. No hand watering or irrigating outdoor landscapes in a manner that causes excess runoff.

10. No washing of motor vehicles with a hose unless the hose is fitted with a shut-off nozzle.

11. No operating a fountain or decorative water feature unless the water is part of a recirculating system.

12. Drained or new swimming pools shall not be filled using potable water from the Town’s domestic water supply. Pool water must be trucked in from an off-site, out of Town water source.

13. Newly permitted pools and spas must be equipped with an installed cover prior to final inspection.

14. Newly constructed homes and existing homes with landscape renovations shall install drip or micro-spray systems and drought tolerant landscape.

15. No irrigation of parking median strips (between the sidewalk and the curb) shall be allowed without a drip irrigation system.

16. Hotels and motels must clearly and prominently display notice of option to reuse towels and linens changes only upon guest request.

17. The Town shall give notice to any customer that has a terminable service contract with the Town that such contract will be terminated upon implementation of Phase III by the Council.

Public Works staff is continuing outreach efforts, monitoring of water use and abuse and will be issuing notices of violations and administrative fines to those water customers who cannot or will not abide by the current water regulations. Staff is also working with commercial water customers to minimize water leaks and over-watering of commercial landscapes. As such we need collective diligence from all of the Town’s water customers, both residential and commercial, to try and ensure that we do not have to escalate to a Phase 3 Water Shortage Emergency.

Additionally, all of our water customers will benefit from the use of the Eye on Water application to monitor both water use and potential leaks. The Eye on Water app is a user-friendly visual interface to quickly understand when and how much water is passing through your water meter. All of the water that passed through your water meter becomes your water and is reflected on your water bill. Conserving water will also help to save money on your monthly water bill. To date only +/- 25% of the Town’s water customers are enrolled in Eye on Water.

Please visit the website, www.eyeonwater.com/signup. This informative website will allow you to monitor your water use by the day, week, month, and year. You will need your Yountville water bill account number with both the leading and following zeroes in the number. Please sign up and let technology help you be ever mindful of your water use.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Visionary Leadership: The Town's leadership maintains an open-minded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Water conservation is a collective effort by town staff, our residents, and our business partners. The Town is seeking to maintain our quality water delivery via the public infrastructure while engaging the Town’s water customers as we work together to save our collective water resource.

RECOMMENDATION
Receive Staff Report and direct any questions to staff. Receive public comment. Conduct Council discussion on proposed resolution. Adoption of Resolution No. 22-4118 Implementation of updated Phase 2 Water Shortage Emergency Regulations.

Town of Yountville
Resolution Number 22-4118
Adopt Resolution Number 22-4118 Approving Implementation of Updated Phase 2 Water Shortage Emergency Regulations
Recitals
A. At the May 4, 2021, Town Council meeting, Town Council adopted Resolution 21-4054 approving the implementation of modified Phase 2 Water Emergency Regulations in response to the drought and the initial notice from CalVET of only 400 Acre-Feet from Rector Reservoir and Treatment Plant.

B. This year the governor’s Executive Order N-7-22 calling on local water suppliers to maintain Phase 2 Water Shortage Emergency regulations coupled with CalVET’s Water Allocation Memo limiting the water allocation to 400 acre-feet, the Town is tasked with maintaining the 20-percent reduction into the next 15-months.

C. The implementation of Water Shortage Emergency measures results in conservation of water supply and behavioral improvements that decrease indoor and outdoor residential, and commercial water use.

D. Based on the Severe Drought, Executive Order N-7-22 and CalVET’s FY 22-23 Water Allocation Memo, staff is recommending the Town Council renew the Phase 2 Water Shortage Emergency with regulations described herein.

Now therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Phase 1 water conservation measures remain in effect.

2. Commercial and industrial users shall reduce their water use by 20% of their use during the corresponding period of the preceding nonrationed year.

3. Residential users shall reduce their water use by 20%. In no event shall residential users exceed the following gallons per day per meter:

F. Residential meter serving one unit: 450 gallons per day; G. Residential meter serving two units: 700 gallons per day; H. Master meter serving more than two units, no separate irrigation meter: 250 per occupied unit plus an irrigation allotment totaling 40 gallons per day for each 1,000 square feet of landscaping.

I. Master meter serving more than two units, with separate irrigation meter: 250 per occupied unit.

J. These limits are to be applied “per day” and an average across a week or month shall not be allowed.