Agenda packet — Yountville City Council, August 2, 2022 (part 1 of 2)

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet – Final
Tuesday, August 2, 2022
3:00 PM
Meeting Via Zoom Webinar
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 at 3:00 p.m. 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. However, due to the State of Emergency situation due to the COVID19 Pandemic, the Town Council may elect to hold the meetings virtually over Zoom. To join the Town Council meeting via Zoom, use the following link: www.townofyountville.com/towncouncil.

How to View the Agenda: The Agenda and associated staff reports may be viewed online by visiting the Town’s website at wwwtownofyountvillecom/meetingsandclickingonHTMLAgenda
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 and clicking on HTML Agenda.

How to Watch the Meeting: The Town Council and other Town Bodies’ meetings can be watched live in three different ways:

Via the Town’s YouTube Channel at www.townofyountville.com/youtube.

Via the HTML Agenda found at www.townofyountville.com/meetings.

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the following means:

Via email – Members of the public may submit public comments via the Town’s public comment email address [email protected]. Please, include in the subject line “COMMENT TO COUNCIL”.

Via the online agenda listing – Members of the public can submit public comments via the “Speech Bubble” feature with all electronic agendas. To provide public comment through this feature, please visit www.townofyountville.com/meetings and click on the speech bubble icon found under the Options column for the desired meeting you want to leave a public comment. When leaving a public comment through this feature, please make sure to click “Next” after typing your comment. You will be prompted to enter your name and will need to click “Next” again for the comment to be fully submitted.

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.

HOW TO JOIN ZOOM WEBINAR AND PROVIDE VERBAL PUBLIC COMMENT

1. Members of the public can join the Town Council meeting via Zoom Webinar. To join the meeting, use the following link: www.townofyountville.com/towncouncil.

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.

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 APPEAL
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.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA
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.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS NONE

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.

Members of the public may also submit Public Comment on matters not on the agenda via email at [email protected] or b utilizing the Speech Bubble feature included with the electronic agenda.

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.

7. CONSENT CALENDAR
A. Approve request to cancel the Town Council meeting scheduled for September 6, 2022.

B. Preliminary Quarterly Investment Report for June 2022.

C. Preliminary Monthly Financial Report for June 2022.

D. Adopt Resolution 224140 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

E. Adopt Resolution 224141 Authorizing submittal of application for all CalRecycle Grant and Payment Programs for which Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

F. Adopt Resolution Number 224142 Authorizing submittal of application(s) for all Bureau of Reclamation Water and Energy Efficiency Grants and Payment Programs for which Town is eligible and Authorizing Town Manager to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

G. Adopt Resolution Number 224143 Approving amendments to the Conflict of Interest Code for the Town of Yountville and Rescinding Resolution Number 204003.

H. Approve Resolution Number 224144 of the Town Council amending the Yountville Employee Association Mid Management Professional Units Memorandum of Understanding (MOU), I. Second Reading and Adoption of Ordinance Number 22509 An Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

J. Second Reading and Adoption of Ordinance Number 22510, An Ordinance of The Town Council of Association Mid Management Professional Units Memorandum of Understanding (MOU), I. Second Reading and Adoption of Ordinance Number 22509 An Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

J. Second Reading and Adoption of Ordinance Number 22510, An Ordinance of The Town Council of the Town of Yountville Adding Chapter 17.158 Of the Yountville Municipal Code Regarding Two Dwelling Residential Developments and Urban Lot Splits.

K. Second Reading and Adoption of Ordinance Number 22511 An Ordinance of the Town Council of the Town of Yountville, California Adding Chapter 17.162 to Title 17 of the Yountville Municipal Code Regarding Small Home Lot Developments.

L. Second Reading and Adoption of Ordinance Number 22512 an Ordinance of the Town Council of the Town of Yountville Amending Section 17.80.020 of Chapter 17.80 of the Yountville Municipal Code Regarding the Affordable Housing Overlay.

M. Second Reading and Adoption of Ordinance Number 22513, An Ordinance of the Town Council of The Town pf Yountville Adding Chapter 17.26 To The Yountville Municipal Code Establishing The RM2, Mixed Residential2 Land Use Designation And Amending Section 17.08.050 of the Yountville Municipal Code Related to Land Use Designations.

N. Second Reading and Adoption of Ordinance Number 22514, An Ordinance of the Town Council Of The Town Of Yountville, California Adopting An Amendment To The Yountville Zoning Map To Change The Zoning District From Mixed Residential (RM) To Mixed Residential2 (RM2) Of An Approximate 16.8Acre Site Located On The Town’s Southeast Boundary (APN 036090002) East of Washington Street and North of Land Lane.

O. Second Reading and Adoption of Ordinance Number 22508 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.

8. PRESENTATIONS
A. Public Safety Quarterly Report
B. CalFire Quarterly Report
C. Annual Update from Napa County Mosquito Abatement District.

D. Town Receives Certificate of Achievement for Excellence in Financial Reporting.

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS
A. Response to 202122 Napa County Civil Grand Jury Report Discussion and Authorization to submit required Grand Jury response letter for the 202122 Napa County's Climate Action Committee:

Where's the Action.

11. STAFF INFORMATIONAL REPORTS
A. OpenGov Online Budget Book Demonstration.

B. Project Status Update for the Joint Treatment Plant Office Modernization Project No. WW0011 C. Water Conservation Update.

D. Elections Update
E. Update and Discussion Regarding Fractional and CoOwnership of Residential Real Property.

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS p
D. Elections Update
E. Update and Discussion Regarding Fractional and CoOwnership of Residential Real Property.

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

13. CLOSED SESSION NONE

14. ADJOURNMENT
Adjourn to the Town Council Regular Meeting Tuesday, September 20, 2022 at 3:00 p.m. being held in Town Council Chambers located at 6550 Yount St or via Zoom Webinar.

I certify that a copy of this Town Council Agenda was posted at a location freelyaccessible to the public at Yountville Town Hall, 6550 Yount Street within the Town of Yountville, the Friday before the meeting.

Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Preliminary Quarterly Investment Report for June 2022.

DISCUSSION/BACKGROUND
This report represents the Town’s investment portfolio for the quarter ending June 30, 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 21, 2022. 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. Quarterly Investment Reports provide timely information and financial transparency and allows the Council to help inform decisions related to maximizing economic opportunities to ensure prudent reserves.

RECOMMENDATION
Receive and File

TOWN OF YOUNTVILLE

QUARTERLY INVESTMENT REPORT
AS OF June 30, 2022
6/30/2022 3/31/2022
Fund Cash Balance Cash Balance Difference
No. Fund Name
01 General Fund 8,422,720 6,734,232 1,688,488
02 OPEB (Retiree Benefits) (14,876) 31,603 (46,479)
03 PERS UAL Reserve Fund 75,411 75,411 -
04 Emergency Reserve Fund 2,399,180 2,399,180 -
05 Revenue Stabilization Fund 2,299,137 2,299,137 -
20 State Gas Tax 63,214 59,000 4,215
21 Public Education & Govmnt TV 74,561 70,973 3,587
22 Tourism Improvement District 384,307 311,154 73,153
23 Public Arts Program Fee 45,388 43,908 1,480
24 Housing Grant Fund 62,235 75,575 (13,340)
25 Measure T Transportation Imp 67,602 (96,015) 163,616 26 SB1, 2017 Road Repair Act 78,688 81,498 (2,810)
27 Measure T Equivalent (MTE) 37,134 37,134 -
28 Fire Services 31 31 -
29 UVDS Franchise Fees 20,245 - 20,245
30 Disabiliy Access Fee SB 1186 1,565 626 940
41 Civic FacilitesImpact Fees 8,836 8,836 -
42 Drainage Impact Fees 1,460 1,460 -
43 Park Impact Fees 1,393 1,393 -
44 Public Safety Impact Fees 3,380 3,380 -
45 Traffic FacilitiesImpact Fees 13,845 13,845 -
46 Utility Underground Impact Fees 111,267 111,267 -
50 Capital Projects 809,184 699,565 109,619
52 2008 Lease Bond Comm. Ctr. - - -
53 2013 Lease Bond Town Hall/M&Y - - -
54 2017 Lease Bond-CommCtrRfnd 5,200 130,432 (125,232)
55 2020 Lease Bond 30,261 362,786 (332,525)
57 Draught Water Reserve 969,953 969,953 -
58 Water Impct Fees 11,599 11,599 -
60 Water Capital Improvements 508,162 491,559 16,603
61 Water Utility Operations 305,959 216,595 89,364
62 Wastewater Utility Operations 818,889 533,536 285,353 63 Joint Treatment Capital Fund 3,885,280 3,830,813 54,467 64 Wastewater Utility Capital 809,384 823,732 (14,348)
65 Sewer Impact Fees 17,716 17,716 -
70 Housing Opportunity Fund 170,184 169,306 878
71 Measure S, Affordable Housing 1,486,575 1,324,648 161,928 75 Measure A Maintenance Fund 472,834 472,834 -
76 Floodwall Capital Maint. - - -
77 Measure A Debt Service - - -
80 Youth Programs - - -
81 Facilities Repair/Replacement 1,047,455 1,047,455 -
82 Fleet,Tools,Equip RepairReplc 1,012,862 1,012,862 -
92 OPEB Trust Fund Retiree Ben. 5,184,645 5,782,175 (597,529) 93 PRSP Trust Fund - Pension 2,543,080 2,836,113 (293,033) 95 Tallent Lane Benefit District 17,959 17,959 -
96 Mesa Ct. Drainage Ben. Dist. 50,078 50,078 -
34,313,983 33,065,343 1,248,640
6/30/2022 3/31/2022 Interest
Cash Balance Cash Balance Rate
Cash on Hand/Petty Cash 425 425 0%
Westamerica Bank Checking & Savings 5,309,114 4,169,938 0.070% LAIF 21,276,691 20,276,691 0.690%
Bank of New York Mellon (Trust) 28 1 0.000%
PRSP Trust Investments
1 2,543,080 2,836,113 4.480%
PARS OPEB Trust Investments
2 5,184,645 5,782,175 6.360%
34,313,983 33,065,343
Activity
# Issued From To Amount
Accounts Payable check range for the period:

Amount of Accounts Payable checksissued 376 57436 57810 2,705,410.73 Payroll check range for the period:

Amount of Payroll checks/direct depositsissued 365 26123 26127 734,659.27 Amount of purchase ordersissued for the period: 24 907 931 436,445.41 1 3-year Annualized Return
2 10-year Annualized Return
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Preliminary Monthly Financial Report for June 2022.

DISCUSSION/BACKGROUND
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.

This report for June 2022 is considered preliminary. Some of the amounts are subject to change as we complete fiscal year-end processes. Invoices pertaining to the prior fiscal year are typically received throughout the month of July and are posted back to June. Similarly, revenues such as TOT, Sales Tax, and Property Taxes relevant to the prior fiscal year are received in July and August and posted back to June.

Another item that affects this report is the year-end true-up conducted with the Veterans Home to determine the true cost of Town water purchases and Veterans Home wastewater treatment.

This report will be brought back to Council once the fiscal year has been closed and the numbers are finalized, which will be once the Town Audit is completed.

The financial reports below reflect the budget adjustments approved at the June 21st, 2022 Council Meeting per Resolution Number 22-4126.

June 2022 – 100% of the Fiscal year
General Fund Revenue
Property Tax – The Town’s FY21/22 Property Tax Revenue will reach the budgeted amount.

Sales Tax – Currently FY21/22 Sales Tax collections are 20.2% ($257,070) above the annual target amount.

TOT – FY21/22 TOT collections are currently 80.7% ($4,236,912) above the annual target amount.

General Fund Expenditures
Expenditures are on track with the Fiscal Year 2021/2022 budget. The target percentage of budget utilization for June is 100.0%. As of July 25th, all departments are either at or below the annual target amount except for the Yountville Arts expense account that is offset by the large amount of unexpected Art Sales revenue collected.

Keep in mind that this is a preliminary June report and as we continue closing out the year, expenditures will be posted back to Fiscal Year 2021/2022.

Other Highlights
Capital Projects – Most Capital Projects expenditures are within budgeted amounts. CP-0021 Installation of EV Charging Stations is slightly over budget, which will be covered by expected savings in other Fund 50 projects.

Water & Wastewater Funds – Water conservation efforts are slightly affecting enterprise funds revenue collections. All enterprise fund expenditures are within budgeted amounts. 100% of enterprise transfers have been completed.

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
June 30, 2022
General Fund Revenues
The following is a summary of General Fund revenue by major category as of June 30, 2022.

June is 100.0% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,100,000 2,080,151 (19,849) 99.1% Note 2 Sales Taxes 1,270,000 1,527,070 257,070 120.2% Note 1
Other Taxes 181,000 300,881 119,881 166.2%
Transient Occupancy Tax 5,250,000 9,486,912 4,236,912 180.7% Note 3 Investment Earnings 25,000 24,442 (558) 97.8%
Licenses & Permits 138,900 190,278 51,378 137.0%
Fines & Forfeitures 3,500 38,245 34,745 1092.7%
Rents & Concessions 261,825 323,390 61,565 123.5%
Intergovernmental 504,642 533,135 28,493 105.6%
Parks & Recreation Fees 166,200 242,260 76,060 145.8%
Charges for Services 150,000 74,002 (75,998) 49.3%
Impact Fees - - - 0.0%
Miscellaneous 154,500 216,090 61,590 139.9%
Other Sources - - - 0.0%
Total 10,205,567 15,036,855 4,831,288 147.3%
Transfers: Budget Actual Variance % of Budget Note
Tourist Imp. Dist. (Fund 22) 8,750 14,890 6,140 170.2%
Total 8,750 14,890 6,140 170.2%
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
June 30, 2022
General Fund Expenditures
The following is a summary of General Fund Expenditures by major category as of June 30, 2022:

June is 100.0% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 145,812 95,311 (50,501) 65.4%
Non-Departmental 1010 202,066 154,739 (47,327) 76.6%
Town Manager 1101 459,043 441,778 (17,266) 96.2%
Information Technology 1011 - 1,460 - 0.0% Note 1
Community Promotion 1015 407,633 330,558 (77,074) 81.1% Finance 1102 571,977 507,018 (64,960) 88.6%
Risk Management 1103 78,350 21,746 (56,604) 27.8%
Town Attorney 1105 196,500 128,988 (67,512) 65.6%
Town Clerk 1110 453,086 354,307 (98,779) 78.2%
Planning & Building 2115 1,125,424 872,433 (252,991) 77.5% Law Enforcement Services 3200 1,195,299 1,194,799 (500) 100.0% Fire & Emergency Services 3201 605,050 303,049 (302,001) 50.1% PW Admin. & Engineering 4301 705,350 608,441 (96,909) 86.3% PW Street Maintenance 4305 383,225 335,860 (47,366) 87.6% PW Park Maintenance 4320 589,279 554,344 (34,935) 94.1% PW Government Bldgs. 4325 501,898 466,032 (35,866) 92.9% Parks & Rec Admin & Services 5405 443,759 408,190 (35,569) 92.0% Parks & Rec Camp Programs 5406 134,451 130,681 (3,770) 97.2% Community Center 5408 295,580 278,304 (17,275) 94.2%
Parks & Rec After School Prog. 5409 26,042 21,130 (4,912) 81.1% Parks & Rec Leisure Prog. 5410 261,236 255,899 (5,337) 98.0% Parks & Rec Sports Prog. 5412 44,928 44,569 (359) 99.2% Parks & Rec Community Events 5413 147,238 134,340 (12,898) 91.2% Yountville Arts 5415 61,145 110,175 49,030 180.2%
Total Expenditures 9,034,372 7,754,151 (1,281,681) 85.8% 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 5,375 250 95.6%
Wastewater Subsidy 7962 1,500 1,250 250 83.3%
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 2,816,960 7,900 99.7%
Note 1: This amount will be allocated across departments in final June report. * Budget amountsreflect all Fiscal Year 2021/2022 budget adjustments.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
June 30, 2022

CAPITAL PROJECTS
Expenditures Budget * Actual Variance % of Budget
Community Hall Auto Switch CF-0028 148,330 - (148,330) 0.0% GIS Mapping Improvements CP-0007 25,000 23,100 (1,900) 92.4% ADA Accessibility Improvements: Forrester Park/Three -
Weirs Park CP-0018 160,000 12,241 (147,759) 7.7%
Installation of EV Charging Stations CP-0021 26,281 27,461 1,179 104.5% ADA Accessibility Improvements Program CP-2022 50,000 31,640 (18,360) 63.3% Town Wide Drainage and Erosion Program DF-2022 9,000 - (9,000) 0.0% Paving Projects- Plan, Specs, and Engineering GT-3022 70,000 56,172 (13,828) 80.2% Annual Street Maintenance & Paving Program MT-3022 695,119 679,519 (15,600) 97.8% 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 22,725 - (22,725) 0.0% Surveys and Monuments ST-0004 17,000 6,344 (10,656) 37.3% Traffic Calming Program ST-4022 8,500 3,300 (5,200) 38.8% Streetlight Replacement Program ST-5021 11,229 11,229 - 100.0% Total* 1,508,688 1,028,784 (479,903) 68.2%
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 46,665 (10,335) 81.9% Hydrant and Main Flushing WA-4022 35,000 - (35,000) 0.0% Joint Treatment Plant Office Modernization Project WW-0011 535,452 51,186 (484,266) 9.6% SCADA Controls WW-0012 50,000 11,372 (38,628) 22.7%
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 92,318 (327,156) 22.0% Sewer Main Replacement and Repair Program WW-3022 157,026 72,526 (84,500) 46.2% Plant Equipment Replacement Program WW-4022 101,202 40,637 (60,565) 40.2% Town Pump Station Equipment Replacement Program WW-5022 13,000 12,505 (495) 96.2% Total* 1,538,459 389,168 (1,149,290) 25.3%
* Budget includes amountsfor prior year purchase order rollover and reflects all Fiscal Year 2021/2022 budget adjustments

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
June 30, 2022
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 126,685 127,566 881 100.7% Impact Fees - - - 0.0%
Interest Income 3,500 1,597 (1,903) 45.6%
Transfers from Wtr Op/Drought Res Fund (57/61) - - - 0.0% Total Revenues 130,185 129,162 (1,023) 99.2%
Capital Improvement (60-4500) 305,984 189,475 (116,509) 61.9% Total Expenses 305,984 189,475 (116,509) 61.9%
Net Operating Income/(Loss) (175,799) (60,313) 115,487
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,623,957 1,604,178 (19,779) 98.8% Interest Income 350 658 308 188.1%
Transfer-Water Subsidy (01) 5,625 5,375 (250) 95.6%
Total Revenues 1,629,932 1,610,212 (19,720) 98.8%
O & M Expenses (61-4505) 607,127 554,963 (52,165) 91.4% Water Purchases (61-4507) 1,130,721 749,357 (381,364) 66.3% Total Expenses 1,737,848 1,304,319 (433,529) 75.1%
Net Operating Income/(Loss) (107,916) 305,893 413,808
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,673,351 2,328,257 (345,094) 87.1% Interest Income 10,000 2,277 (7,723) 22.8%
Transfer-Wastewater Subsidy (01) 1,500 1,250 (250) 83.3% Total Revenues 2,684,851 2,331,784 (353,067) 86.8%
-
WW Collection (62-4510) 382,847 291,827 (91,021) 76.2%
WW Treatment (62-4515) 1,202,807 1,073,562 (129,245) 89.3% Transfer to Capital (63/64) 1,000,000 1,000,000 - 100.0% Total Expenses 2,585,654 2,365,388 (220,266) 91.5%
Net Operating Income/(Loss) 99,197 (33,604) (132,801)
JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Revenues System Replacement Fees 206,700 212,388 5,688 102.8% Revenues Capital Recovery Vets 351,500 50,000 (301,500) 14.2% Interest Income 15,000 11,445 (3,555) 76.3%
Transfer from Wastewater Operating (62) 500,000 500,000 - 100.0% Total Revenues 1,073,200 773,833 (299,367) 72.1%
WW Joint Treatment Plant (63-4518) 1,191,315 509,215 (682,100) 42.7% Total Expenses 1,191,315 509,215 (682,100) 42.7%
Net Operating Income/(Loss) (118,115) 264,618 382,734
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 2,292 (208) 91.7%
Total Revenues 502,500 502,292 (208) 100.0%
-
WW Capital Improvement (64-4519) 699,500 247,144 (452,356) 35.3% Transfer to Debt Service (55) 29,755 - (29,755) 0.0%
Total Expenses 729,255 247,144 (482,111) 33.9%
Net Operating Income/(Loss) (226,755) 255,148 481,903
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7D
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Adopt Resolution 22-4140 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

DISCUSSION/BACKGROUND
The Legislature passed and the Governor signed AB 361, which allows modified teleconferencing under the Ralph M. Brown Act (Government Code section 54950 et seq.) (the “Brown Act”) if the Town Council makes certain findings: (1) at its first meeting using these procedures, (2) not later than 30 days after that meeting, and (3) every 30 days thereafter.

At its January 11, 2022 special meeting, the Town Council for itself and other legislative bodies of the Town made the necessary findings for using these procedures. The attached Resolution makes the necessary findings not later than 30 days after that meeting.

AB 361 allows teleconferencing if certain procedures are followed including: (1) notice of the meeting must be given as otherwise required by the Brown Act, (2) members of the public must be permitted to attend and participate by call-in option and/or internet-based service option, (3) if the meeting broadcast or access to participation is disrupted (e.g., by issues with technology), the Town cannot take further action on agenda items until public access to the meeting is restored, (4) the Town cannot require public comments be submitted in advance, but may still offer this option, and real-time participation by members of the public must be allowed, (5) if the Town provides a timed public comment period for an agenda item (e.g., 20 minutes per agenda item), it cannot close public comment until that time period has concluded, and (6) if the Town does not provide a timed public comment period for each agenda item, then it must allow a reasonable amount of time for members of the public to participate.

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. 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.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Continuing teleconference meetings increases public participation in meetings of the Town Council and other legislative bodies of the Town and ensures greater engagement by the community.

RECOMMENDATION
Adopt Resolution 22-4140 Authorizing Continued Remote Teleconference Meetings of the Town Council and All Town Boards, Commissions, and Committees Pursuant to Government Code Section 54953(e).

Resolution Number 22-4140
Town of Yountville
Resolution Number 22-4140

AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE

TOWN COUNCIL AND ALL TOWN BOARDS, COMMISSIONS, AND COMMITTEES PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
Recitals
A. Government Code section 54953(e), as amended by Assembly Bill No. 361, allows legislative bodies to hold open meetings by teleconference without reference to otherwise applicable requirements in Government Code section 54953(b)(3), so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is holding the meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined, by majority vote, pursuant to option 2, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

B. The Town Council previously adopted Resolution Number 22-4096 finding that the requisite conditions exist for the Town to conduct teleconference meetings under California Government Code section 54953(e); and
C. Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and D. The Town Council and all Town Boards, Commissions and Committees desire to continue holding their public meetings by teleconference consistent with Government Code section 54953(e).

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

1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

2. The Town Council hereby finds and declares the following, as required by Government Code section 54953(e)(1):

Resolution Number 22-4140
A. The Town has reconsidered the circumstances of the state of emergency declared by the Governor pursuant to his authority under Government Code section 8625; and B. The state of emergency continues to directly impact the ability of members of the Town Council and all the Town’s Boards, Commissions and Committees to meet safely in person.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk
274103.1
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7E
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution 22-4141 Authorizing submittal of application for all CalRecycle Grant and Payment Programs for which Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

DISCUSSION/BACKGROUND
The Town of Yountville is eligible for various State and Federal grant funding. The Public Works Department is actively seeking CalRecycle funds for various CIP projects. To claim the State funds for the design and construction of CIP projects, CalRecycle requires a resolution authorizing the submittal of the application.

Along with the approval to apply for a CalRecycle grant, a blanket resolution authorizing the Town Manager to sign Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements and any subsequent amendments on behalf of the Town will fulfill the requirements for the current and any future funding requirements..

The adoption of this resolution will allow the Town Manager to submit a grant application to CalRecycle and sign funding agreements for any approved projects.

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Using grant funds is fiscally responsible, maximizing economic opportunities and enhances the livability of Yountville with well-maintained public facilities.

RECOMMENDATION
Adopt resolution number 22-4141 Authorizing submittal of application(s) for all CalRecycle Grant and Payment Programs for which the Town is eligible and Authorizing Town Manager to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

Town of Yountville
Resolution Number 22-4141

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT

AND PAYMENT PROGRAMS FOR WHICH THE TOWN OF YOUNTVILLE IS ELIGIBLE

AND AUTHORIZING TOWN MANAGER TO SIGN THE NECESSARY MASTER

AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE

AGREEMENTS, AND /OR FUND TRANSFER AGREEMENTS AND ANY

SUBSEQUENT AMENDMENTS FOR THE ALLOCATION AND REIMBURSEMENT OF GRANT FUNDS ON BEHALF OF THE TOWN.

Recitals
A. Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and.

B. In furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and at the May 17, 2022, Town Council meeting, the Council approved the plans and specifications for MT-3023, the project described above. The formal bid package was advertised in the construction trade journals and the Town’s virtual plan room on May 20, 2022 with a 30-day solicitation period. The Town received one bid that was publicly opened and read aloud on June 22, 2022 at 2:00 pm.

C. That the Town of Yountville is authorized to submit an application to CalRecycle for any and all grant and payment programs offered, and This project is categorically exempt under Section 15302(c) Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 2, Replacement or Reconstruction.

D. That the Town Manager, or his/her designee is hereby authorized and empowered to execute in the name of the Town of Yountville all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved grant or payment project; and E. That these authorizations are effective from the date of adoption through August 3, 2027.

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

1. The Town Manager is authorized and empowered to execute in the name of the Town of Yountville all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

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

Resolution Number 22-4141
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 2nd day of August 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez; Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7F
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution 22-4142 Authorizing submittal of application(s) for all Bureau of Reclamation Water and Energy Efficiency Grants and Payment Programs for which Town is eligible and Authorizing Town Manager to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

DISCUSSION/BACKGROUND
The Town of Yountville is eligible for various State and Federal grant funding. The Public Works Department is actively seeking Water and Energy Efficiency Grants funds from the Bureau of Reclamation for various CIP projects. To claim the State funds for the design and construction of CIP projects, Bureau of Reclamation requires a resolution authorizing the submittal of the application.

Along with the approval to apply for a Bureau of Reclamation Water and Energy Efficiency grant, a blanket resolution authorizing the Town Manager to sign Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements and any subsequent amendments on behalf of the Town will fulfill the requirements for the current and any future funding requirements.

The adoption of this resolution will allow the Town Manager to submit a grant application to the Bureau of Reclamation and sign funding agreements for any approved projects.

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

RECOMMENDATION
Adopt resolution 22-4142 Authorizing submittal of application(s) for all Bureau of Reclamation Water and Energy Efficiency Grants and Payment Programs for which Town is eligible and Authorizing Town Manager to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

Town of Yountville
Resolution Number 22-4142

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL BUREAU OF

RECLAMATION WATER AND ENERGY EFFICIENCY GRANTS AND PAYMENT

PROGRAMS FOR WHICH TOWN IS ELIGIBLE AND AUTHORIZING TOWN

MANAGER, TO SIGN THE NECESSARY MASTER AGREEMENTS, PROGRAM

SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS, AND /OR

FUND TRANSFER AGREEMENTS AND ANY SUBSEQUENT AMENDMENTS FOR

THE ALLOCATION AND REIMBURSEMENT OF GRANT FUNDS ON BEHALF OF THE TOWN.

Recitals
A. Public Resources Code sections 48000 et seq. authorize the Interior Bureau of Reclamation WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year.; and.

B. In furtherance of this authority Bureau of Reclamation is required to establish procedures governing the application, awarding, and management of the grants; and
C. Bureau of Reclamation grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of Bureau of Reclamation grants.

D. That the Town Manager, or his/her designee is hereby authorized and empowered to execute in the name of the Town of Yountville all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project for Bureau of Reclamation for all grants; and
E. That these authorizations are effective from the date of adoption through August 3, 2027.

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

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

Resolution Number 22-4142
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 2nd day of August 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez; Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7G
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Adopt Resolution Number 22-4143 Approving amendments to the Conflict of Interest Code for the Town of Yountville and Rescinding Resolution Number 20-4003.

DISCUSSION/BACKGROUND
The Political Reform Act requires Public officials of state and local government must disclose their personal financial interests on a Form 700 Statement of Economic Interest. Elected officials, judges, and high-ranking appointed officials generally have the most comprehensive disclosure requirements. (Gov. Code Section 87200.) For most other officials, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are.

Each state and local agency must adopt a Conflict of Interest Code which designates individual positions that make or participate in the making of government decisions. A review of the Conflict of Interest Code is done on a biennial basis.

Individuals in designated positions are required to file the Fair Political Practices Commission Form 700 Statement of Economic Interests electronically disclosing financial interests they may have within the Town of Yountville.

The attached revised Conflict of Interest Code for the 2022 Biennial Update includes:

Addition of the following positions to Administration:

Information System Administrators
Code Compliance Officer
Changes to Town designated positions include the following:

Administration – Management Analyst has been removed and Deputy Director of Human Resources and Information Technology has been added
Removal of the following positions:

Facility & Events Specialist

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? 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. 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. Town staff reviews department needs and makes changes when needed to continue to provide exceptional services throughout Town Departments.

RECOMMENDATION
Adopt Resolution Number 22-4143 Approving amendments to the Conflict of Interest Code for the Town of Yountville and Rescinding Resolution Number 20-4003.

Town of Yountville
Resolution Number 22-4143

ADOPTING AN AMENDED CONFLICT OF INTEREST CODE FOR THE TOWN OF YOUNTVILLE AND RESCINDING RESOLUTION 20-4003
Recitals
A. The Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code (Government Code Sections 87300, et seq.).

B. The Fair Political Practices Commission has adopted regulation 2 California Code of Regulations Section 18730 that contains the terms of a standard model Conflict of Interest Code. The Code can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments in the Political Reform Act.

C. The terms of 2 California Code of Regulations Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference along with the attached Appendices, in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code for the Town of Yountville.

D. The Town Council wishes to rescind the Conflict of Interest Code adopted by Resolution Number 20-4003 and to adopt a revised Conflict of Interest Code which includes the newly established positions of Code Compliance Officer and Information Technology Administrator and updates the Disclosure Category by adding Category 2 to all the positions to comply with the Conflict of Interest Code.

E. This body has determined that the attached Appendices A and B accurately set forth those positions and the categories of financial interests that should be designated along with the categories of financial interests that should be made reportable.

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

1. Resolution Number 20-4003 is hereby rescinded.

2. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices A and B in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Town of Yountville.

3. Pursuant to Section 4(c) of the Code, all designated employees shall file their statements of economic interest electronically with the Town Clerk, to whom the Town Council hereby delegates the authority to carry out the duties of the filing officer.

4. Statements of Economic Interest shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the Town of Yountville.

5. 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 2nd day of August 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk

TOWN OF YOUNTVILLE

CONFLICT OF INTEREST CODE
APPENDIX “A”
Resolution Number 22-4143
Adopted August 2, 2022
“Public Official at any level of state or local government” means a member, officer, employee, or consultant of a state or local government agency. The term “public official” also includes individuals who perform the same or substantially the same duties as an individual holding an office or a position listed in Government Code Section 87200, including “other public officials who manage public investments” as that term is defined in 2 Cal. Code of Regs. Section 18720. (1) “Member” shall include, but not be limited to, salaried or unsalaried members of boards or commissions with decision-making authority. A board or commission possesses decisionmaking authority whenever:
(A) It may make a final governmental decision;
(B) It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or
(C) It makes substantive recommendations, which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency.
(2) A “designated employee” is an officer, employee, member or consultant of an agency whose position is designated in the code because the position entails the making or participation in the making of governmental decisions which may foreseeable have a material effect on any financial interest. (Government Code Section 82019) (A) Making a governmental decision means the person:

1. Votes on a matter;

2. Appoints a person;

3. Obligates or commits his or her agency to any course of action; or

4. Enters into any contractual agreement on behalf of his or her agency. (B) Participating in the making of a decision, means the person:

1. Negotiates, without significant substantive review, with a governmental entity or private person regarding the decision; or

2. Advises or makes recommendations to the decision-maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the employee and the employee is attempting to influence the decision.

The term “designated employee” does not include:
 Public officials specified in Government Code Section 87200:

Planning Commissioners
Councilmembers
Mayors
City Managers
City Attorneys
City Treasurers
Resolution Number 22-4143
Adopted August 2, 2022
Other City, County and Local Agency Public Officials who manage public investments
 Solely clerical, ministerial or manual positions
 Unsalaried members of boards or commissions, which are solely advisory (C) “Consultant” means an individual whom, pursuant to a contract with a state or local government agency:
(D) Makes a governmental decision whether to:

1. Approve a rate, rule, or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement;

4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract, which requires agency approval;

5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract;

6. Grant agency approval to a plan, design, report, study, or similar item;

7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any subdivision thereof; or
(E) Serves in a staff capacity with the agency and in that capacity perform the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code. (F)The Town Manager or his/her designee may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The Town Manager or his/her designee’s determination is a public record and shall be retained for public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

TOWN OF YOUNTVILLE

CONFLICT OF INTEREST CODE
APPENDIX “A”
Resolution Number 22-4143
Adopted August 2, 2022
The following is a listing of those persons who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended:

Public Officials required to file Form 700: Disclosure Category 87100 & 87200 Filers* Category 1
Mayor
Town Council
Town Manager
Town Attorney
Finance Director
*Originals forwarded to FPPC; file copy retained with Town Members Required to File Form 700:

Town Boards:

Housing Authority of the Town of Yountville
Parking Authority of the Town of Yountville
Finance Authority of the Town of Yountville
Zoning & Design Review Board Commissioners
Parks and Recreation Advisory Commission
Yountville Arts Commission
Town of Yountville Community Foundation
Workforce and Affordable Housing Committee (Measure S)
Commissions, Committees and Boards (May be required to file directly with agency) Napa County City Selection Committee
Napa County Flood Control and Water Conservation District Board Napa Valley Transportation Authority (formerly Napa County Transportation & Planning Agency) NVTA Active Transportation Advisory Committee
Upper Valley Waste Management Authority
PARSAC
Countywide Measure A Financial Oversight Committee
Napa County League of Governments (NCLOG)
Napa County Youth Opportunities Commission
Napa County Local Food Advisory Council

TOWN OF YOUNTVILLE

List of Designated Town Employees Required to File Form 700:

Department Position Disclosure
Category
Administration Town Manager 1, 2
Town Clerk 2, 6, 7
Town Attorney 1, 2
Finance Director 1, 2
Financial Analyst/Accountant 2, 6, 7
Deputy Director of Human Resources and
Information Technology
Code Compliance Officer
Information System Administrator
1, 2
2, 6, 7
2, 6, 7
Planning Planning Director 1, 2
Building Official 1, 2
Sr. Management Analyst 1, 2
Assistant Planner 1, 2
Public Works Public Works Director/Town Engineer 1, 2
Deputy Public Works Director 1, 2
Public Works Supervisor/Manager 2, 6, 7
Utilities Operator Supervisor/Manager 2, 6, 7
Management Analyst 2, 6, 7
Parks & Recreation Parks & Recreation Director 1, 2
Services Parks & Recreation Supervisor/Manager 2, 6, 7
Facilities & Events Specialist 2, 6, 7
Consultants* 1, 2
* See Page 4, Section 3.C relating to consultants.

Resolution Number 22-4143
Adopted August 2, 2022

TOWN OF YOUNTVILLE

CONFLICT OF INTEREST CODE
APPENDIX “B”

APPENDIX OF DISCLOSURE CATEGORIES
Disclosure Category Definitions
1 All investments and sources of income.
2 All investments in real property.
3 All investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. 4 Investments in business entities and business positions and sources of income which engage in land development, construction, or the acquisition or sale of real property 5 Interests in real property located within two miles of any land owned or used by the Town of Yountville.
6 Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the Town of Yountville to provide services, supplies, materials, machinery or equipment. 7 Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the designated employee’s department to provide services, supplies, materials, machinery, or equipment.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7H
Yountville Town Council Staff Report
DATE: August 2, 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: Approve Resolution Number 22-4144 of the Town Council amending the Yountville Employee Association Mid Management Professional Units Memorandum of Understanding (MOU), Section 3 – Salaries and Other Compensation to comply with CalPERS language requirements between the Town and the Yountville Employee Association Mid Management Professional Unit.

DISCUSSION/BACKGROUND
The Town of Yountville participates in the CalPERS (California Public Retirement System). All fulltime employees are enrolled in CalPERS as a condition of employment.

One of the roles CalPERS has when an employee retires from the Town is to evaluate all compensation that the employee receives. CalPERS also does a thorough review of any compensation paid to an employee beyond their base pay when calculating an employee's retirement benefits.

Due to a recent retirement of full-time employee, the CalPERS compensation review team revealed that the language that is currently in the YEA Mid-Management and Professional Unit MOU regarding “Special Pay,” pursuant to CCR section 571, the current language does NOT meet the PERL (Public Employee Retirement Law) definition of Confidential Pay and Administrative Specialty Pay. We were notified by CalPERS that the Special Pay provision for the retiree would not be considered and that we would have the ability to amend our MOU with corrected language, meeting PERS standards. Once corrected and approved by the Town Council, the retiree would then be eligible to receive the compensation retroactively. The Town’s intent was to have “special pay” or “other pay” count towards final compensation, as allowed by the appropriate CalPERS appointment, i.e., Classic or PEPRA member.

The current language in Section 3 – Salaries and Other Compensation of the MOU is as follows:

Special Pay
A) Assignment to another classification. An employee assigned by the Town Manager to perform substantially the same duties of a higher paid classification for five (5) days (40 hours) shall receive the rate of pay established for the salary step of the classification of the acting assignment that is a minimum of five percent (5%) greater than the amount the employee is then currently earning.

B) Special Circumstances – Situation Pay. An employee specifically assigned by the Town Manager through a written Payroll Transaction Form (PTF) and position job duties summary on a temporary or longer-term basis to regularly perform work outside of the scope of the employee’s permanent job classification but not performing substantially the duties of another job classification may receive Special Circumstances –Situation Pay at the discretion of the Town Manager. The Town Manager may assign a temporary pay increase rate between 2.5% and 10% depending on the nature of the work performed.

Specific Assignment Duty Pay
An employee so assigned by the Town Manger to an additional specific assignment shall receive additional monthly compensation for serving in such a capacity provided employee performs the duties as assigned.

New language proposed:

Other Pays
A) Management Incentive Pay
Employees in the classifications of Town Clerk, Financial Analyst I/II and Management Analyst I/II shall receive five percent (5%) of their base pay for management incentive pay, when assigned in writing to perform duties managing a designated administrative program(s) and/or managing associated staff as a unique nature of their job.

B) Confidential Pay
Employees in the classifications of Town Clerk, Financial Analyst I/II and Management Analyst I/II shall receive five percent (5%) of their base pay for confidential pay when assigned in writing to perform duties which require them to utilize, access and process confidential information in the performance of their required job duties.

By adding this corrected language, this will allow CalPERS to apply any additional compensation to the retiree’s final compensation calculation. This amendment will be retroactive to any affected employee and effective immediately.

As a side note, no employees in this bargaining unit are currently receiving either of these “other pays.” The Town has met and conferred with the representatives of the Yountville Employee Association Mid Management Professional Unit.

ENVIRONMENTAL REVIEW
Not Applicable

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. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves

RECOMMENDATION
Receive and File
Town of Yountville
Resolution Number 22-4144
Approve Resolution Number 22-4144 of the Town Council amending the Yountville Employee Association Mid Management Professional Units Memorandum of Understanding (MOU), Section 3 – Salaries and Other Compensation to comply with CalPERS language requirements between the Town and the Yountville Employee Association Mid Management Professional Unit.

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

1. The Memorandum of Understanding is the collective bargaining agreement between the Town of Yountville and the Yountville Employee Association Mid Management Professional Unit (YEA MMP);

2. The Town of Yountville and the Town of Yountville and the Yountville Mid Management Professional Unit previously adopted MOU’s effective July 1, 2012, July 1, 2015, July 1, 2018, and July 1, 2022;

3. The Town of Yountville participates in the CalPERS (California Public Retirement System). All fulltime employees are enrolled in CalPERS as a condition of employment;

4. The CalPERS compensation review team revealed that the language that is currently in the YEA Mid-Management and Professional Unit MOU regarding “Special Pay,” pursuant to CCR section 571, the current language does NOT meet the PERL (Public Employee Retirement Law) definition of Confidential Pay and Administrative Specialty Pay;

5. To clearly indicate the conditions for payment of “Other Pays,” the Town and the YEA MMP have updated their MOU language to include the following language:

Amended Language:

6. The Town of Yountville has met and conferred in good faith with the representatives of the YEA MMP;

7. The Town of Yountville and YEA MMP have modified the MOU to incorporate the information required by the California Code of Regulations;

8. The changes incorporated are reflective of previous and current practice;

9. 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 2nd day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez
Town Clerk
1 Adopted May 3, 2022
Resolution #22-4117

TOWN OF YOUNTVILLE
YOUNTVILLE EMPLOYEE’S ASSOCIATION

MID-MANAGEMENT AND PROFESSIONAL UNIT

MEMORANDUM OF UNDERSTANDING
For Period: July 1, 2022, to June 30, 2027
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Resolution #22-4117

TOWN OF YOUNTVILLE

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS
SECTION 1 – UNIT RECOGNITION ............................................................................ 3 Expectations for FLSA Exempt Employees ................................................................. 4 SECTION 2 - MISCELLANEOUS CHANGES............................................................. 7 SECTION 3 - SALARIES AND OTHER COMPENSATION...................................... 7 SECTION 4 – BENEFITS FOR CURRENT EMPLOYEES ..................................... 10 Retirement....................................................................................................................... 10 Health Benefits ............................................................................................................... 10 Continuation of Benefits ................................................................................................ 13 Deferred Compensation ................................................................................................ 13 Wellness Program.......................................................................................................... 14 Credit Union .................................................................................................................... 14 Computer Loan Program............................................................................................... 14 Prescription Eyewear Program .................................................................................... 14 IRS 125 Plan “Cafeteria Plan”...................................................................................... 14 Tuition Reimbursement Plan ........................................................................................ 14 Town Parks and Recreation Programs....................................................................... 14 SECTION 5 - PART TIME EMPLOYEES................................................................... 15 Life Insurance ................................................................................................................. 15 SECTION 6 - HOURS OF WORK............................................................................... 16 Normal Work Week........................................................................................................ 16 Water/Wastewater Operations..................................................................................... 16 Wastewater Treatment Plant........................................................................................ 16 Town Hall......................................................................................................................... 16 Section 7 – FLEXIBLE STAFFING.............................................................................. 17 SECTION 8 – HOLIDAYS............................................................................................. 18 SECTION 9 – LEAVES ................................................................................................. 18 SECTION 10 - MISCELLANEOUS LEAVES OF ABSENCE WITH PAY.............. 22 A. Military Leave of Absence............................................................................. 22 B. Leaves of Absence for Judicial Purposes .................................................. 22 C. Jury Duty.......................................................................................................... 22 D. Administrative Leave ..................................................................................... 23 E. Voting Time ..................................................................................................... 23 SECTION 11 - LEAVES OF ABSENCE WITHOUT PAY ........................................ 23 SECTION 12 - UNIFORMS AND EQUIPMENT........................................................ 24 SECTION 13 – DRUG FREE WORKPLACE POLICY............................................. 25 SECTION 14 - GRIEVANCE PROCEDURE ............................................................. 25 A. Definition ........................................................................................................... 25 B. Who May File a Grievance............................................................................. 25 C. Grievance Procedure...................................................................................... 25 SECTION 15 - MODIFICATION CLAUSE ................................................................. 26 SECTION 16 - SAVINGS CLAUSE............................................................................. 26 SECTION 17 - TERM OF AGREEMENT ................................................................... 26 Exhibit A – Monthly Salary Schedule.......................................................................... 27 DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 3 Adopted May 3, 2022
Resolution #22-4117

TOWN OF YOUNTVILLE

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“Memorandum” or “MOU”) is an agreement between the Town of Yountville hereinafter referred to as “Town,” and the Yountville Employee Association (YEA) Mid Management Professional Unit (MMP).

PURPOSE
The purpose of this agreement is to promote the mutual interests of the Town and the employees, and to provide for the operation of the Town’s facilities under methods which will further, to the fullest extent possible, the safety and welfare of the employees, economy and efficiency of operations, elimination of waste, realization of optimum quality and quantity of product and/or service, cleanliness of facilities and protection of property.

SECTION 1 – UNIT RECOGNITION
The Yountville Employees' Association Mid Management Professional Unit , a recognized employee organization, and the Town of Yountville, a public agency, have been meeting and conferring consistent with Section 3500 of the California Government Code and have reached agreement.

The Town recognizes the Yountville Employee Association Mid Management Professional Unit hereafter as “Association” as the mid management professional employee’s representative of permanent employees employed in the job classifications attached as Appendix “A.”
The scope of representation shall include all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

It is the intent and purpose of this Memorandum to set forth the total and complete understanding and agreement regarding wages, hours, and terms and conditions of employment. All present rules, employee rights, privileges, and benefits shall remain in effect unless specifically altered by the provisions of this Memorandum of Understanding.

Association/Unit Security and Rights
Both parties agree that the designated Association/Unit representatives shall have reasonable access to bargaining unit employees. All designated Association/Unit representatives are required to check in with Town management prior to visiting with employees during working hours or on Town owned facilities. The Association/Unit agrees to make good faith efforts not to disrupt the normal business operations of the Town. The Association/Unit agrees to notify the Town’s designated Employee Relations Officer in writing within thirty (30) days of any changes in its officers, stewards, mailing addresses or other information relating to employer-employee relations.

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Expectations for FLSA Exempt Employees
General Office Hours
FLSA-exempt employees are paid on a salary basis and provided with additional administrative leave time. FLSA-Exempt employees are expected to put the hours and work effort in that is necessary to do the job. This may mean sometimes those exempt employees may take work home, come in early or stay late based on workload needs and project completion deadlines. FLSA exempt employees have more flexibility with their work schedule than non-exempt employees. Exempt employee work schedule flexibility is defined by several significant factors: 1) that employees are getting the job “done right” in a timely and appropriate manner; 2) meeting project completion deadlines and established service delivery dates, 3) available to interact with the public, other town staff and external partners as necessary for employee and them to conduct necessary business and 4) respectful and supportive of the Town’s lean organizational staffing structure which often requires availability to shore up the administrative and clerical support staff as necessary and to support their work objectives, and 5) recognition that as a public agency there is the need for public accountability of staff resources and leave benefits provided to employees
Core office hours are the same as the facility in which the employee is based unless otherwise designated or approved by the supervisor or Town Manager. Town Hall is open Monday through Friday from 8 a.m. to 5 p.m. The Community Center is open from 7:30 a.m. to 5:30 p.m., Monday through Friday and some weekends which results in staggered employee working schedules as assigned by the Parks & Recreation Director. The Public Works Corporation Yard hours are Monday through Friday from 7:30 a.m. to 4:00 p.m.

Lunch and Breaks
Lunch hours are one hour with the understanding that there may be occasional extended lunch hours for business meetings, work, or personal reasons/errands.

However, this is not the normal as extended absences have operational impacts on other Town employees. Lunch hours should be taken between the time period of 11:30 a.m. and 2:00 p.m., unless there are exceptional circumstances. Additionally, it should not be the practice of employees to eat their lunch at their desk and then also take off for their normal lunch break.

Break Times: All employees are provided and encouraged to take a 15-minute break in the middle of each of their regular 4-hour morning or 4-hour afternoon work schedule.

As a management level employee, it is your responsibility to appropriate schedule and take periodic breaks.

Breaks and lunch time that are NOT TAKEN are not then owed employees and are not to be used as justification to extend the lunch hour or leave work early in lieu of not taking your break.

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Flexible work schedules or temporary adjustments to your normal schedule require approval from employees’ immediate supervisor and the Town Manager.

Council/Commission Meeting Attendance:

The Town recognizes that working a normal business day and then going into a 6 p.m. meeting that can last two (2) to four (4) hours makes for a long day. The Town encourages employees attending the Council meeting to take a meal or break before the start of the meeting so as to be rested and ready for a productive meeting. In support of this initiative employees may periodically take time away from the office from the normal office hours of 4:00 p.m. to 5:00 p.m. for a meal break prior to the start of the meeting.

Morning after meetings
Occasionally after longer evening meetings employees may adjust their morning start time to but are expected to be in the office by 9 a.m. This administrative flexibility is not meant to be used automatically after each and every meeting.

Administrative Leave:

Additional Administrative Leave time is provided in an amount determined by the Town Manager to FLSA Exempt employees in partial recognition that the demands and nature of their position requires additional work effort outside of the normal M-F 8 to 5 office hours. This additional work effort includes such things as attendance at council/commission meetings, external meetings, participation in conferences/workshops, community outreach efforts, and at times may require additional personal work effort on your part to meet work deadlines.

Administrative Leave time is an additional leave benefit in part to compensate for the additional “time” required to do the job the right way. Administrative Leave is not like comp-time or overtime which is earned on an hour for hour basis. Administrative leave is provided to employees annually for the body of work produced by the FLSA exempt employee and can be used at the employee’s discretion consistent with leave policies.

FLSA-Exempt employees are not eligible for overtime pay or compensatory time off.

Payroll Leave Reporting:

The Town utilizes the philosophy that an FLSA-exempt employee will be paid for 80 hours each payroll period and that only leave usage is reported from the sick leave bank, administrative leave bank, and vacation bank. It is each employee’s responsibility to report your use of vacation, administrative, and sick leave usage on a payroll period basis.

Monitoring Work Hours
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You are directed to carefully monitor your own work hours to ensure that you are complying with this memorandum. If you supervise employees, you should also carefully monitor the work hours of your subordinates. However, you are prohibited (or discouraged) from monitoring any other employee’s work schedule as this is their direct supervisor’s responsibility.

Voluntary Dues Deduction
Voluntary payroll deductions for Association/Unit membership dues shall be granted by the Town to the Association in accordance with the following terms:

Use of such due’s deduction is at the discretion of the Association and shall be initiated by written request of the Association.

Payroll deductions shall be for a specific amount and uniform as between employee members of the Association. Payroll deductions shall be limited solely to membership dues and not for other sundry related programs, insurances, etc. Authorization, cancellation, or modification of payroll deduction shall be made upon forms provided or approved by the Town Manager or designee. The voluntary payroll deduction shall remain in effect until employment with the Town is terminated or until cancelled or otherwise modified by the employee through written notice to the Employee Relations Officer.

Employees may only authorize dues deductions for the Association/Unit certified as the recognized bargaining unit to which such employees are assigned. Any dues deduction authorization will automatically terminate in the event that the Unit’s status as exclusive bargaining unit for the members terminates.

Amounts deducted and withheld by the Town shall be transmitted to the office or officer designated by the Association/Unit as authorized to receive such funds at the address specified by the Association/Unit representatives.

The employee’s earnings must be sufficient; after all other required deductions are made, to cover the amount of the deduction herein authorized. All other required and/or employee authorized payroll deductions have priority over payment of Association dues should the paycheck not be sufficient to make all required deductions. When an employee is in a non-pay status for an entire pay-period, no withholdings will be made to cover that pay-period.

The Association/Unit shall indemnify, defend, and hold harmless the Town against any claims, demands, lawsuits or any other actions initiated against the Town arising from compliance with any of the provisions of this article.

The Association shall refund to the Town within thirty (30) days any amounts paid to it in error upon presentation of supporting evidence by the Town. Conversely, the Town will correct payment for any amounts paid incorrectly to Association within thirty (30) days upon supporting documentation presented by the Association.

No Discrimination
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There shall be no discrimination by the Town or Association/Unit in employment conditions or treatment of employees on the basis of membership or non-membership in the Association, or participation or non-participation in Association activities.

The Association shall not discriminate or restrict its membership based on race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition, disability, marital status, political opinion, or affiliation.

Town Rights
The Town reserves, retains, and is vested with any management rights not expressly granted to the Unit by this agreement, including those rights as specified in the Town’s Employer-Employee Relations Resolution (EERR).

Should the Town desire to exercise any of its rights, it will, except for cases of emergencies, give the Unit advance written notice of its intentions thereof and offer to meet and confer with the Unit’s designated representatives SECTION 2 - MISCELLANEOUS CHANGES
 No Changes
SECTION 3 - SALARIES AND OTHER COMPENSATION
 Effective July 1, 2022. A new salary range schedule shown as “Exhibit A” shall be implemented reflecting a 7% Cost of Living Adjustment.  Effective July 1, 2023. Cost of Living Adjustment (COLA) adjustment (a minimum of 2% with a maximum of 5.5% - actual CPI between 2% and 5.5%)  Effective July 1, 2024. Cost of Living Adjustment (COLA) adjustment (a minimum of 2% with a maximum of 5% - actual CPI between 2% and 5%)  Effective July 1, 2025. Cost of Living Adjustment (COLA) adjustment (a minimum of 2.5% with a maximum of 5% - actual CPI between 2.5% and 5%)  Effective July 1, 2026. Cost of Living Adjustment (COLA) adjustment (a minimum of 2% with a maximum of 5% - actual CPI between 2% and 5%) Salary Survey Adjustments - Implement salary market adjustments based on salary survey for DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 8 Adopted May 3, 2022
Resolution #22-4117
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)  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.

Longevity Pay
Longevity pay shall be granted to any regular, full, or part-time employee as follows: On employee’s 10th Anniversary of continuous full-time service, employee shall receive a

2.5% increase to their base salary. The base salary shall be increased by 2.5% every five years thereafter of continuous full-time service.

Certification Pay Program
Public Works Employees who obtain and maintain qualified Water and /or Wastewater Treatment certificates issued by State Water Resource Control Board, or California Water Environment Association (CWA) shall receive certification pay in the amount as shown below:

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An employee may only receive certificate pay for the highest certificate level obtained if the certificate has several levels available (i.e., if a Grade 3 is paid at that level and not Grade 2 and Grade 3). The Town reserves the right to establish a reasonable maximum per the number of certificate pay provided. Also, to facilitate employee development and succession planning, the Town reserves the right to approve certification pay outside of that which is required for the performance of the employee’s current job duties if there is a benefit to the Town at the sole determination of the Town Manager.

Certification Pay Schedule
CP Code Certificate Amount
CP 1 SWRCB Water Distribution Operator Certificate Grade D1 $27.00 CP 2 SWRCB Water Distribution Operator Certificate Grade D2 $81.00 CP 3 SWRCB Water Distribution Operator Certificate Grade D3 $135.00 CP 4 SWRCB Water Distribution Operator Certificate Grade D4 $216.00 CP 5 SWRCB Water Treatment Operator Certificate Grade T1 $27.00 CP 6 SWRCB Water Treatment Operator Certificate Grade T2 $81.00 CP 7 SWRCB Water Treatment Operator Certificate Grade T3 $135.00 CP 8 SWRCB Water Treatment Operator Certificate Grade T4 $216.00 CP 9 SWRCB Wastewater Treatment Operator Certificate Grade 1 $54.00 CP 10 SWRCB Wastewater Treatment Operator Certificate Grade 2 $162.00 CP 11 SWRCB Wastewater Treatment Operator Certificate Grade 3 $216.00 CP 12 SWRCB Wastewater Treatment Operator Certificate Grade 4 Determined By TM CP 13 CWEA Collection System Maintenance Grade 1 $27.00 CP 14 CWEA Collection System Maintenance Grade 2 $81.00 CP 15 CWEA Collection System Maintenance Grade 3 $135.00 CP 16 CWEA Collection System Maintenance Grade 4 Determined By TM CP 17 CWEA WW Treatment Plant Maintenance Grade 1 $54.00 CP 18 CWEA WW Treatment Plant Maintenance Grade 2 $108.00 CP 19 CWEA WW Treatment Plant Maintenance Grade 3 $162.00 CP 20 CWEA WW Treatment Plant Maintenance Grade 4 Determined By TM CP 21 CWEA WW Environmental Compliance Inspector Grade 1 $27.00 CP 22 CWEA WW Environmental Compliance Inspector Grade 2 $81.00 CP 23 CWEA WW Environmental Compliance Inspector Grade 3 $135.00 CP 24 CWEA WW Mechanical Technologist Grade 1 $27.00
CP 25 CWEA WW Mechanical Technologist Grade 2 $81.00
CP 26 CWEA WW Mechanical Technologist Grade 3 $135.00
CP 27 CWEA WW Laboratory Analyst Grade 1 $16.20
CP 28 CWEA WW Laboratory Analyst Grade 2 $37.80
CP 29 CWEA WW Laboratory Analyst Grade 3 $54.00

PARKS & FACILITIES
CP 30 Playground Inspection Certificate $27.00
CP 31 Pool Operator Certificate $16.20
CP 32 Qualified Applicator Certificate or License 3 or less categories $10.80 CP 33 Qualified Applicator Certificate or License 4 to 6 categories $16.20 CP 34 Qualified Applicator Certificate or License 6 or more categories $21.60 CP 35 Backflow Prevention Device $50.00
CP 36 Water Auditor Certification $27.00
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CP 37 Master Gardener Designation $27.00
CP 38 Certified Arborist $108.00
CP 39 Work Zone Safety Specialist $43.20
CP 40 Red Cross CPR/AED instructor certification $16.20 CP 41 Food Handler certification $16.20
CP 42 Notary $50.00
CP 43 Web-site maintenance certification $21.60
CP 44 Permit Technician $16.20
CP 45 Mechanic Pay $108.00
CP 46 Safety Officer $75.00
CP 47 Maintenance Electrician $250.00
CP 48 Certified Municipal Clerk $108.00
CP 49 Sign & Pavement Marking Tech Level 1 32.40
CP 50 Sign & Pavement Marking Tech Level 2 37.80
CP 51 Sign & Pavement Marking Tech Level 3 54.00
CP52 Cross Connection Control Program Specialist 50.00
SECTION 4 – BENEFITS FOR CURRENT EMPLOYEES
Retirement
Employees hired prior to July 1, 2010, covered by this agreement shall be enrolled in the California Public Employees Retirement System with the following benefits: 2.7% @ 55 with the employee paying the 8% employee contribution for local miscellaneous members, credit for unused sick leave, one-year average compensation, military service credit and 1959 survivor benefits – level one.

Employees hired between July 1, 2010, and December 31, 2012, covered by this agreement shall be enrolled in the California Public Employee Retirement System with the following benefits: 2% @ 55 with the employee paying the 7% employee contribution for local miscellaneous members, credit for unused sick leave, one-year average compensation, military service credit and 1959 survivor benefits – level one.

Employees hired after January 1, 2013, covered by this agreement shall be enrolled in the California Public Employee Retirement System with the following Benefits: 2% @ 62 with the employee paying the employee contribution for local miscellaneous members, credit for unused sick leave, one-year average compensation, military service credit and 1959 survivor benefits – level one.

Classic Members - A “classic member” is defined as a member who was: a) a member of a public retirement system with less than a six-month break in service; or b) a member of a public retirement system with reciprocity; or c) a member of a public retirement system with a break in service of six-months or more and returns to active membership in the same retirement system with the same employer. The Town’s contract with PERS is to provide 2% @55.

Health Benefits

1. Health Insurance
Through June 30, 2021, the Town of Yountville shall contribute 100% of amount DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 11 Adopted May 3, 2022
Resolution #22-4117
equal to the cost of the Kaiser Health plan premium provided to employees that were hired prior to July 1, 2011, through the PERS Health program.

The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent and employee and two (2) plus dependents. Any balance owed by the employee for a plan selected which costs more than the contribution provided for by the Town shall be deducted by use of payroll deduction.

Submission of marriage certificate or domestic partnership registration is required in order to have spouse/domestic partner included as eligible for insurance coverage.

Employees hired after January 1, 2011, 90% of the Kaiser Health plan premium cost shall be paid by the Town with an employee contribution of 10%. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent and employee and two (2) plus dependents.

YEA agrees that the Town has the right to research and evaluate other alternative health insurance options other than CalPERS should a viable alternative become available. Town agrees to meet and confer related to any potential change of health insurance provider. Intent would be to provide comparable quality of programs, provide for retiree medical coverage and to result in net positive savings to the Town in order to make a program delivery change.

2. Dental Insurance
The Town of Yountville pays entire premium for dental insurance for employees and dependents for active employees. Submission of marriage certificate or domestic partnership registration is required in order to have spouse/domestic partner included as eligible for insurance coverage. Dental insurance is not provided to retirees as a retirement benefit.

3. Duplicate Medical Coverage
Any employee who has health plan coverage as a result of being an eligible dependent of a person employed either by the Town or elsewhere may request that his/her health plan coverage as an employee of the Town be terminated; and that, in lieu of the amount the Town would otherwise pay for the health plan coverage for that employee, five hundred dollars ($500.00) per month will be paid by the Town into either the employee’s deferred compensation account or as additional taxable compensation. To participate in this program, the employee shall provide proof of other health plan coverage. If employee should lose other health insurance coverage, employee shall provide Human Resource department proof of loss of coverage, and employee is eligible for enrollment into PERS Health program.

4. Health Insurance Continuation after Retirement from Town The historical practice of the Town is to contribute the same amount as active DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 12 Adopted May 3, 2022
Resolution #22-4117
employees in the same position per month towards health insurance premiums for retirees and surviving spouses from the Town of Yountville.

Town Employees hired prior to 1-1-11 will receive 100% retiree health coverage if they meet the specified vesting requirements which include, five (5) years of service with the Town of Yountville and 20 years of combined service in the CalPERS retirement system, which is consistent with State Law (Government Code Sections 22893 and others as applicable) which governs required years of public agency credit, schedule of contribution amount paid by employer, eligibility for benefit provisions.

Employees hired after 1-1-11 that meet the Towns vesting requirements will receive 90% retiree health coverage which are subject to the following conditions and understandings:

Contribution amount as per current PERS approved vesting schedule is as:

PERS Credited Years of Service / Percentage of Employer Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
Should the provisions for vesting change or allow for a local agency designed vesting schedule, YEA and the Town agree to meet and discuss possible implementation of local vesting schedule and eligibility requirements.

YEA MMP understands and acknowledges that the Town is researching and looking at alternative means to offer new hires retiree medical benefits that may be different than the current program which provides a contribution upon retirement based on length of PERS service and current contribution rates to medical insurance premium for active employees. Alternatives include but are not limited to programs such as HSA or HRA which are accounts where the Town provides a contribution to an account in the employee’s name (similar to Deferred Compensation” program) which is then used by employee at time of retirement to pay for medical costs, including premiums. YEA MMP agrees that the Town can implement a new program for new hires if a viable program is found. Town agrees to meet and confer with YEA MMP related to new program for new hires should a viable program be found.

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5. Continuation of Benefits
When an employee is absent from work due to an accepted work/non-workrelated injury (disability), the Town shall continue health and welfare benefit contributions (for health/dental insurance), up to the amount set forth in Section

3.B.1, for a period not to exceed ninety (90) days after all leaves have been exhausted. The Town shall continue to pay employee premiums for Life and STD Insurance during the same time. These benefits may be continued beyond the ninety (90) days at the discretion of the Town Council.

6. Life Insurance
The Town shall provide a group life insurance policy that provides 100% of the employee’s annual salary. If you have not reached age 65, your amount of insurance will be 100% of your annual pay, subject to a maximum amount of insurance of $150,000.

If you have reached age 65, but not age 70, your amount of insurance will be 67% of the amount shown in 1 above.

If you have reached age 70 or more, your amount of insurance will be 67% of the amount shown in 2 above.

7. Short Term Disability Insurance
The Town will provide a short-term disability insurance plan that will provide short-term disability payments to eligible employees for a period of up to 12 weeks. Employees will qualify for benefits beginning the eighth day of an absence caused by accident or illness. A disabled employee will receive payments equaling 60% of the employee’s regular weekly base pay up to a maximum of $2,308 per week.

8. Long Term Disability Insurance
The Town shall provide a long-term disability insurance plan that will provide long-term disability payments to eligible employees. Employees will qualify for benefits beginning after ninety (90) days of an absence caused by accident or illness. A disabled employee will receive payments equaling 60% of the employee’s regular weekly base pay up to a maximum of $10,000 per month.

Deferred Compensation

1. Employees are eligible to participate in the Town’s deferred compensation plan through either Nationwide Retirement Solutions or ICMA. The Town reserves the right to add program providers as necessary to continue to offer the program to employees.

2. The Town shall contribute a maximum of 7% per month effective July 1, 2008, of employee’s gross salary, on behalf of each employee who participates in a Town approved deferred compensation plan. The Town will match the employee DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 14 Adopted May 3, 2022
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contribution up to the maximum levels stated above, and in accordance with IRS limits.

Wellness Program
The Town of Yountville will contribute $50.00 per month to an employee that participates in a recognized health and fitness center, or Town provided recreation class with a physical fitness component or recognized online fitness platform.

Attendance of a minimum of eight (8) times per month is required for $50.00 total reimbursement for each Town employee.

Credit Union
The Town of Yountville employees may participate in the Redwood Credit Union through automatic payroll deduction.

Computer Loan Program
Employees may participate in a Computer Loan Program at 0% interest to be repaid through payroll deduction pursuant to Computer Loan Policy.

Prescription Eyewear Program
The Town of Yountville employees may receive a maximum reimbursement of $500.00 per year/per employee/dependents for vision care, the parameters of which are described in Town Resolution Number 2235-04.

IRS 125 Plan “Cafeteria Plan”
The Town will provide an IRS 125 Plan for those employees who choose to participate.

The Town agrees to pay all administrative costs. Details of this plan are described in Resolution Number 15-3224.

Tuition Reimbursement Plan
The Town will provide a Tuition Reimbursement Plan with up to $1,200 per year for an employee’s education costs for accredited classes pursuant to the restrictions of the plan to be adopted by resolution of the Council (Exhibit “D”) with an effective date of July 1, 2006.

Town Parks and Recreation Programs
Town employees are eligible to participate in Town of Yountville excursions, activities, classes and park and facility rentals at resident rates.

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SECTION 5 - PART TIME EMPLOYEES

1. Pro-rated Benefits for Regular Part Time Employees
Regular part time employees who work at least 20 hours per week on an annual basis are entitled to the following pro-rata benefits based on actual hours worked:
 PERS retirement
 Sick Leave – The Town of Yountville will be compliant with the Healthy Workplaces/Healthy Families act of 2014. This policy applies to temporary, part-time, and seasonal employees who on or after July 1, 2015, work for the Town of Yountville for 30 or more days within 12 months from the beginning of employment and who are not eligible for any form of “comprehensive leave” benefit provided by the Town to other employee groups.
 Vacation
 Holiday Pay
 Short Term Disability Insurance
 Long Term Disability Insurance
 Deferred Compensation Match Benefit

2. Holidays
Regular part time employees appointed for less than 40 hours, but more than 20 hours, will receive holiday entitlement proportionate to the number of hours worked, based on their normal work week.

3. Other Benefits
Regular part time employees who work between 20-29 hours per week on an annual basis will receive benefits based on 50% of those offered full time employees. Regular part time employees who work 30-39 hours per week on an annual basis will receive 75% of the benefits offered full time employees. This provision applies to:
 Health/Dental Insurance
 Deferred Compensation
 Wellness Program
 Vision Plan
 Tuition Reimbursement
Other Benefits for Regular Part Time Employees
Life Insurance
The Town shall provide the same group insurance policy as for full time employees that provide 100% of annual salary for life insurance and accidental death and dismemberment coverage.

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SECTION 6 - HOURS OF WORK
Normal Work Week
Forty hours shall constitute the normal workweek for all employees. To the maximum, practical extent, work schedules shall be arranged so the employee will work for five (5) consecutive days followed by two (2) days off. Supervisors shall establish work schedules subject to approval by the Town Manager.

Water/Wastewater Operations
The schedule for Public Works Crew is 6:30 a.m. to 4:00 p.m. with a 1/2-hour lunch.

Wastewater Treatment Plant
The schedule for the Wastewater Treatment Plant shall be Monday through Friday, 6:30 a.m. to 4:00 p.m.; Saturday and Sunday, 4 hours in A.M.; Holidays, 4 hours in A.M., 4 hours off on day preceding holiday or day following the holiday. The scheduling of weekend hours shall be at the sole discretion and approval of the Public Works Director.

Town Hall
The schedule for Town Hall hours is 8:00 a.m. to 5:00 p.m. Monday through Friday with a one-hour lunch.

All Other Employees
The schedule for employees other than those listed here are as approved by the Town Manager.

Rest Periods
Employees are allowed a rest period of fifteen (15) minutes duration during each four (4) hour consecutive hours worked. Rest periods shall be scheduled and taken on a daily basis so that the delivery of services is not adversely impacted. If events interfere with a scheduled rest period, the employee shall contact their supervisor to reschedule a rest period during the same 4 hour working period. Rest periods are not to be combined for purposes of extending an employee’s lunch hour or leaving work prior to normal ending time.

Lunch Periods
Employees shall be provided either a thirty (30) minute or sixty (60) minute lunch break period based on assigned schedule. The lunch break may either be at a fixed or set time or shall be generally taken during the mid-work shift period and scheduled so as to meet operational and employee needs.

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Section 7 – FLEXIBLE STAFFING
The Town has designated the following classification series as subject to “flexible staffing.”
Maintenance Worker I/II
Operator in Training/WWTP Operator I
Utilities Operator I/II
Administrative Assistant I/II
Assistant Planner/Associate Planner
Management Analyst I/ II
Public Works Supervisor/Manager
Utility Operations Supervisor/Manager
Community Facilities Supervisor/Manager
Town Clerk I/II
Accounting Technician I/II
Financial Analyst/Accountant
Assistant/Associate Planner
The purpose and intent of the Town’s use of flexible staffing is to recognize the lean nature of Town staffing and the professional growth and development that may occur over time by individual employee in those positions and the Town wishes to support and encourage employee growth which adds value to the organization.

Positions designated by the Town as subject to flexible staffing shall be subject to the following understandings:
 The Town reserves its rights to determine the content of job classifications, including without limitation the right to establish the minimum qualifications for any job classification.
 The Town may fill the position at either the entry or next level, depending on the qualifications and experience of the available applicants and the Town’s organizational needs. The decision at which level a position is filled is the sole discretion of the Town Manager.
 Employees in the entry classification may “flex” to the next higher level based on demonstrated work performance and enhanced value to the organization as provided by: 1) approval by the Town Manager; 2) Management Team member written recommendation for progression to the next higher level; 3) employee must meet the minimum qualifications as established for the higher level position; and 4) the employee must have a current performance evaluation with a higher than satisfactory rating in the current level and must not have been on a performance improvement plan within the prior 24 months or have a record of employee discipline in the prior 24 months.

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SECTION 8 – HOLIDAYS
Town offices shall be closed, and non-emergency employees shall observe the following holidays:

January 1 New Year’s Day
3 rd Monday in January Martin Luther King Day
Third Monday in February Presidents’ Day
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving Day
December 24 Christmas Eve
December 25 Christmas Day
Every day proclaimed by the President of the United States or the Governor of California as a Public Holiday and approved by the Town Council.

If a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday shall be observed on the following Monday.

Each full-time regular employee shall be granted three (3) floating holidays (24 hours) each year on July 1, which may be taken at any time mutually agreeable to the employee, and the employee’s immediate Supervisor prior to June 30. Unused holidays may not be carried forward to the following year. Regular part time employees appointed for less than 40 hours, but more than 20 hours, will receive 12 hours each year to be used in the same manner.

SECTION 9 – LEAVES
Vacation Leave

1. Accrual
a) Regular employees shall accrue vacation leave as follows:

Years of Service Days per Year
0-3 10 days
3-10 15 days
11 16 days
12 17 days
13 18 days
14 19 days
15 20 days
b) Regular Part Time employees shall receive pro-rated leave based on actual hours worked pursuant to the schedule above.

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2. Eligibility
Eligibility to take accrued vacation leave begins once you have accrued vacation time.

3. Administration
a) The employees immediate Supervisor shall have the authority to schedule vacation leave according to the needs of the Town and the wishes of the employee, in that order. The Town Manager shall have the authority to approve all leave requests.
b) An employee's request for vacation leave shall be made no later than three (3) workdays prior to the date of starting said vacation. The Town Manager may approve accrued vacation leave at any time for legitimate personal emergencies.
c) If a Town holiday occurs on a weekday during a vacation leave, such absence shall not be charged against accrued vacation.
d) Eligible employees separated from Town service shall be paid a lump sum for all vacation properly accrued before separation.
e) The employee shall be given reasonable time to utilize vacation within the year. It is the policy of the Town that each employee takes his/her annual vacation leave, therefore, no employee may accumulate vacation for more than a total of forty-five (45) working days. Employees who have balances in excess of the forty-five (45) day maximum accumulation shall have further accumulation suspended.

Sick Leave

1. Accrual
Sick leave with pay shall accrue to regular employees at the rate of one (1) workday (8 hours) each calendar month of service with no limit to accumulated time. At retirement, the unused sick leave can be converted to additional service credit in accordance with the provisions of the retirement plan. a) Regular Part Time employees shall receive pro-rated leave based on actual hours worked.

2. Administration
An employee who must absent himself/herself from work shall notify his/her immediate superior or the Town Manager prior to or within the first thirty (30) minutes of his absence and may be required to provide a physician's certificate for absence due to illness of more than three (3) consecutive working days or at the request of the Town Manager. Any employee may be required to submit to an examination by a licensed physician designated by the Town and at its expense to determine the state of his/her health at the request of the Town Manager.

All employees are entitled to Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave pursuant to the applicable Federal and State DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 20 Adopted May 3, 2022
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laws and in accordance with the Town’s Personnel Policies and Procedures. The Town reserves the right to coordinate FMLA and CFRA leave time in accordance with applicable law. Employees are required to complete Town provided medical provider certification that the medical condition (self or dependent) meets the requirements for CFRA or FMLA.

3. Eligibility
Sick leave shall be provided to regular employees for use in the following manner:
a) Personal illness or incapacity resulting from causes beyond the employee's control.
b) Illness of a member of an employee’s immediate family (defined as father, mother, sister, brother, spouse/domestic partner, or children) or other immediate family as approved by the Town Manager and of sufficient nature to require his/her personal care and attention and only until other adequate arrangements can be arranged.
c) When preventative medical, dental, and optical examinations or appointments are unavailable or impractical during non-working hours.

Limitations
a) Sick leave with pay for illness of a family member shall be limited to (8) workdays or sixty-four (64) hours per calendar year.
b) On the job injury: Whenever an employee is injured in the course of employment, he/she shall be compensated in accordance with the provisions of Workers' Compensation as provided by the Town’s insurance carrier. It is Town policy to apply a pro-rata share of accrued sick leave to equal the difference between the compensation to which the employee is entitled under the Workers' Compensation Act and his/her regular Town pay, not to exceed the amount of accrued sick leave. An employee may also elect to use any accrued vacation time or compensating time off in like manner after his/her sick leave is exhausted. c) Off the job injury - Short Term Disability: It is Town policy to apply a prorata share of accrued sick leave to equal the difference between the compensation to which the employee is entitled under the Short-Term Disability and his/her regular Town pay, not to exceed the amount of accrued sick leave. An employee may also elect to use any accrued vacation time or compensating time off in like manner after his/her sick leave is exhausted.
d) When an employee is absent from work due to an accepted work/nonwork-related injury (disability) the Town shall continue health and welfare benefit contributions (for health/dental insurance) in the amount set forth in Section 3.B.1, for a period not to exceed ninety (90) days, after all leaves are exhausted. The Town shall continue to pay employee premiums for Life and STD insurance during the same time. These benefits may be continued beyond ninety (90) days at the discretion of the Town Council.

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4. Sick Leave Abuse
When it is determined by investigation that sufficient evidence exists to demonstrate the employee has, or is, abusing the sick leave privilege, the Town Manager, may suspend the employee’s use of the sick leave benefit for such period of time as determined necessary to deter future abuse.

An employee using sick leave who is not sick or who has engaged in private or other public work while on Town provided, paid sick leave, shall be considered absent without leave and the Town may deduct pay, adjust sick leave balance and to take appropriate disciplinary action.

Administrative Leave
The following job positions are classified as FLSA exempt based on results of salary survey comparison and industry standard. Positions are eligible for up to 80 hours of administrative leave in-lieu of overtime eligibility at Town Manager’s discretion.

Administrative leave hours are not cumulative and must be used by the end of each fiscal year. Employee is eligible to cash out 50% of administrative leave balance, (i.e., balance of 22 hrs. = 11 hrs. payout) prior to close of fiscal year.

Assistant/Associate Planner 80
Community Facilities Supervisor/Manager 80
Management Analyst I/II 80
Public Works Supervisor/Manager 80
Recreation Supervisor/Manager 80
Utility Operations Supervisor/Manager 80
Town Clerk I/II 80
Engineering Technician 80
Financial Analyst/Accountant 80
Bereavement Leave
All regular employees shall be allowed a leave of absence on full pay, not to exceed three (3) working days or five (5) working days if the death is 150 or more miles away from the Town limits, when such absence is due to the death in the immediate family.

The immediate family is mother, father, grandmother, grandfather, and grandchild, of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee or spouse/domestic partner or any relative living in the immediate household of the employee. Such leave shall not be charged against accumulated sick leave or vacation.

Pregnancy Disability Leave
In accordance with State law, an employee disabled by pregnancy, childbirth, or related medical conditions which prevents her from performing the duties of her position, is eligible to take a pregnancy disability leave. Pregnancy disability leave is for any period of actual disability caused by pregnancy, childbirth, or related medical conditions for up to four months.

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Pregnancy disability leave is unpaid leave; however, the employee may choose to use accrued sick leave, vacation, or compensatory time off before electing to go on leave of absence without pay under this provision. The disabled employee may also be eligible for short-term disability insurance benefits. Prior to the employee beginning pregnancy disability leave, the employee shall submit a request for vacation, compensatory time off or sick leave to be utilized during said leave, if any. While on disability, continued Town benefits will be subject to the regulations of Section 4.B.3, Continuation of Benefits.

Once the employee has submitted the request and the Town Manager has approved a leave schedule, such schedule shall not be changed without the approval of the Town Manager. Such leave schedule shall not permit the alternating of paid leave (vacation, sick leave, or compensatory time off) with leave without pay.

If the employee has been released by her physician to return to work, but desires additional time as pregnancy leave, she may request the use of vacation, compensatory time off, or leave without pay for a total of four months, including the time spent on disability leave. The employee may request an additional sixty (60) days leave without pay. Such leave shall be requested in writing by the employee to her immediate Supervisor who shall make a recommendation to the Town Manager. Request for pregnancy leave and subsequent extension shall be accompanied by a recommendation and explanation from the department manager as to how adequate level of service can be maintained during the employee’s absence. Continued Town benefits will be subject to the regulations of Section 11 “Leaves of Absence without Pay”, while in a non-pay status.

SECTION 10 - MISCELLANEOUS LEAVES OF ABSENCE WITH PAY
Leaves of absence with pay pursuant to this section shall not be chargeable to accrued vacation credits.

A. Military Leave of Absence
Town employees shall be granted military leave in accordance with and as required by provisions of State and Federal Law.

B. Leaves of Absence for Judicial Purposes
Every officer or employee of the Town shall be entitled to leaves of absence to appear as a witness in court other than as a litigant or to respond to an official order from another jurisdiction for reasons not brought about through the connivance or misconduct of such officer or employee.

C. Jury Duty
Every employee of the Town shall be entitled to leaves of absence when regularly called for jury duty in the manner provided by law. Such leaves of absence shall be granted, and the employee shall receive the regular salary while on jury duty. The amount received for jury fee shall be returned to the Town.

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D. Administrative Leave
The Town Manager may place an employee on Administrative Leave when such leave is identified as being in the interests of the Town.

E. Voting Time
Employees shall be authorized reasonable time to vote on election days.

SECTION 11 - LEAVES OF ABSENCE WITHOUT PAY
A. Regular employees may be granted a leave of absence without pay for up to 90 days upon request when approved by the Town Manager. The Town Manager shall take into consideration the effect on the ability of the Town to provide services and staffing needs when determining whether or not to approve a leave of absence without pay. A leave without pay may be granted for the following reasons:
 Illness, pregnancy, or disability
 To take a course of study which will increase the employee’s usefulness upon return to his/her position
 Personal reasons acceptable to the Town Manager
B. An employee taking five (5) or more working days or forty (40) or more hours leave without pay in any given month shall not accrue vacation, sick leave or holiday credits for that particular month unless otherwise authorized by the Town Manager.

C. Town contributions for employee benefits such as health/dental insurance, life insurance, retirement and disability insurance shall also cease when an employee is in a non-pay status for more than forty (40) hours in any given month. These benefits may be continued during an approved leave of absence by the employee paying the necessary contributions to the Town. Consistent with Section 4.B.3, the exception to this provision shall be, if an employee is absent from work due to an accepted work/non-work-related injury (disability), the Town shall continue health and welfare benefit contributions (for health/dental insurance) for a period not exceed ninety (90) days after all leaves have been exhausted. The Town shall continue to pay employee’s premiums for Life and STD/LTD insurance during the same time. These benefits may be continued at the discretion of the Town Manager.

D. The procedure for allowing leave without pay shall be as follows:

1. Except in the cases of illness, pregnancy, or disability an employees’ request for Leave Without Pay shall be submitted to the Town Manager, accompanied by a statement from the Supervisor, or Department Head as to how an adequate level of service and staffing can be maintained during the employee’s absence. The Town Manager has the discretion of approving or rejecting the request.

2. In the case of illness, pregnancy, or disability, Leave without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other paid leave prior to utilizing Leave DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 24 Adopted May 3, 2022
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without Pay. In the case of Leave without Pay for other reasons, all paid leave must be expended before Leave without Pay shall begin.

3. Except in cases of absence due to illness, pregnancy, or disability, Leave without Pay shall be deducted from service time for purposes of computing longevity, time in service, seniority or for any other purpose.

4. Unless the employee notifies the Manager at the time of the request for leave without pay that he or she elects to pay the premiums for continuation of Health, Dental and Insurance Benefits, those benefits will be terminated beginning with the calendar month following the start of the unpaid leave. If that election is made and the leave is approved, it is the responsibility of the employee to submit payment to the Town such that it is received prior to the Town processing payment to the insurance carrier.

The Town will not make a premium payment in anticipation of receipt of the payment from the employee except as provided for in the MOU or by law.

5. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees’ Retirement System’s (PERS) regulations.

6. An employee who fails to return to work at the conclusion of a Leave without Pay shall be considered to have automatically resigned from Town employment.

7. Upon return from Leave without Pay, an employee shall be reinstated to the position held at the time of commencement of leave at the salary range and step previously held.

SECTION 12 - UNIFORMS AND EQUIPMENT
A. The Town shall furnish work clothing for full-time Wastewater Treatment Operators, and for full-time Public Works employees. The Town shall specify the work clothing and remains the property of the Town has contracted with a uniform service to provide and launder uniforms. The work clothing is to be worn during work hours and may be worn to and from work but not worn otherwise.

B. All items of essential equipment and tools will be provided by the Town, except an employee may elect to provide all or any part of his/her own equipment and tools.

C. Town owned equipment and tools shall be used solely in the exercise of official Town business; use for any other purpose shall be only on authorization of the Town Manager.

D. Eyeglasses will be replaced or repaired by the Town if eyeglasses are broken as a result of accident while the employee is performing job duties.

E. The Town shall reimburse Public Works employees for the cost of work boots/steel toe safety shoes up to $175.00 every fiscal year upon submission of receipts.

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SECTION 13 – DRUG FREE WORKPLACE POLICY
The Town of Yountville maintains a drug and alcohol-free workplace pursuant to its Personnel Policies and Procedures.

SECTION 14 - GRIEVANCE PROCEDURE
A. Definition
A grievance is a formal allegation by an employee claiming violation, misinterpretation, inequitable application, or non-compliance with:

1. Provisions of this MOU

2. Town ordinances

3. Personnel Rules
Appeals of appointment, disciplinary actions, and performance evaluations are not grievable hereunder.

B. Who May File a Grievance
An employee may file a grievance in his/her own behalf, or jointly by any group of employees.

C. Grievance Procedure
Step 1 - INFORMAL DISCUSSION: Within ten (10) working days of the occurrence of an act in dispute, an employee shall discuss the incident with his/her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) working days after the discussion. If the employee is not satisfied with the response, she/he may proceed to the next step.

Step 2 - TOWN MANAGER REVIEW: Any dispute not resolved at Step 1 may be submitted in writing to the Town Manager within five (5) working days after the Supervisor's informal response. In this event, the Town Manager shall, within ten (10) working days, schedule a meeting with the employee to discuss the matter.

After consideration of the facts, the Town Manager shall give his/her written decision to the employee within five (5) working days after the meeting.

Step 3 - TOWN COUNCIL REVIEW: If the employee is not satisfied with the decision of the Town Manager in Step 2, the employee may request, in writing, a hearing before the Town Council. Such request for a hearing must be submitted within ten (10) working days of receipt of the Town Manager's decision and shall include in detail the facts giving rise to the grievance and supporting documentation necessary for Town Council consideration. The Town Manager shall forward such a request and supporting documentation to the Town Council within ten (10) working days, for Town Council consideration.

The Town Council shall have the following options:

1. Refuse to hear the appeal; or

2. Make a decision on the documentation submitted; or
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3. Hold a hearing, in open or closed session as permitted by law and appropriate to the circumstances.

The decision of the Town Council will be final.

SECTION 15 - MODIFICATION CLAUSE
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not in any manner be binding upon the parties hereto, and if required, approved, and implemented by the Town Council.

SECTION 16 - SAVINGS CLAUSE
Should any part of this Memorandum be rendered or declared illegal or invalid by legislation, decree of a court of competent jurisdiction or other established governmental administrative tribunal or board, such invalidation shall not affect the remaining portions of this Memorandum.

SECTION 17 - TERM OF AGREEMENT
This agreement shall remain in force and effect from July 1, 2022, until June 30, 2027, and supersede all other agreements between the parties.

Yountville Employee Association (YEA) Mid Management Professional Unit (MMP) Negotiation Team on Behalf of YEA MMP
Date
Kyle Batista
Date
Erica Teagarden
Date
Jacob Solis
Date

TOWN MANAGER SIGNATURE
DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 6/2/2022 | 2:11 PM PDT
6/2/2022 | 10:36 AM PDT
6/9/2022 | 1:46 PM PDT
6/2/2022 | 10:18 AM PDT
27 Adopted May 3, 2022
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Exhibit A – Monthly Salary Schedule
DocuSign Envelope ID: 411BDBA0-4B06-432C-BDF3-EE4F401C87A2 1 Adopted May 3, 2022
Resolution #22-4117
Rev. August 2, 2022
Resolution #22-4144

TOWN OF YOUNTVILLE
YOUNTVILLE EMPLOYEE’S ASSOCIATION

MID-MANAGEMENT AND PROFESSIONAL UNIT

MEMORANDUM OF UNDERSTANDING
For Period: July 1, 2022, to June 30, 2027
DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 2 Adopted May 3, 2022
Resolution #22-4117
Rev. August 2, 2022
Resolution #22-4144

TOWN OF YOUNTVILLE

MEMORANDUM OF UNDERSTANDING

TABLE OF CONTENTS
SECTION 1 – UNIT RECOGNITION ............................................................................ 4 Expectations for FLSA Exempt Employees ................................................................. 5 SECTION 2 - MISCELLANEOUS CHANGES............................................................. 8 SECTION 3 - SALARIES AND OTHER COMPENSATION...................................... 8 SECTION 4 – BENEFITS FOR CURRENT EMPLOYEES ..................................... 11 Retirement....................................................................................................................... 11 Health Benefits ............................................................................................................... 12 Continuation of Benefits ................................................................................................ 14 Deferred Compensation ................................................................................................ 15 Wellness Program.......................................................................................................... 15 Credit Union .................................................................................................................... 15 Computer Loan Program............................................................................................... 15 Prescription Eyewear Program .................................................................................... 15 IRS 125 Plan “Cafeteria Plan”...................................................................................... 15 Tuition Reimbursement Plan ........................................................................................ 16 Town Parks and Recreation Programs....................................................................... 16 SECTION 5 - PART TIME EMPLOYEES................................................................... 16 Life Insurance ................................................................................................................. 17 SECTION 6 - HOURS OF WORK............................................................................... 17 Normal Work Week........................................................................................................ 17 Water/Wastewater Operations..................................................................................... 17 Wastewater Treatment Plant........................................................................................ 17 Town Hall......................................................................................................................... 17 Section 7 – FLEXIBLE STAFFING.............................................................................. 18 SECTION 8 – HOLIDAYS............................................................................................. 19 SECTION 9 – LEAVES ................................................................................................. 20 SECTION 10 - MISCELLANEOUS LEAVES OF ABSENCE WITH PAY.............. 23 A. Military Leave of Absence............................................................................. 24 B. Leaves of Absence for Judicial Purposes .................................................. 24 C. Jury Duty.......................................................................................................... 24 D. Administrative Leave ..................................................................................... 24 E. Voting Time ..................................................................................................... 24 SECTION 11 - LEAVES OF ABSENCE WITHOUT PAY ........................................ 24 SECTION 12 - UNIFORMS AND EQUIPMENT........................................................ 26 SECTION 13 – DRUG FREE WORKPLACE POLICY............................................. 26 SECTION 14 - GRIEVANCE PROCEDURE ............................................................. 26 A. Definition ........................................................................................................... 26 B. Who May File a Grievance............................................................................. 26 C. Grievance Procedure...................................................................................... 27 SECTION 15 - MODIFICATION CLAUSE ................................................................. 27 SECTION 16 - SAVINGS CLAUSE............................................................................. 27 SECTION 17 - TERM OF AGREEMENT ................................................................... 27 DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 3 Adopted May 3, 2022
Resolution #22-4117
Rev. August 2, 2022
Resolution #22-4144
Exhibit A – Monthly Salary Schedule.......................................................................... 28 DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 4 Adopted May 3, 2022
Resolution #22-4117
Rev. August 2, 2022
Resolution #22-4144

TOWN OF YOUNTVILLE

Association/Unit Security and Rights
Both parties agree that the designated Association/Unit representatives shall have reasonable access to bargaining unit employees. All designated Association/Unit representatives are required to check in with Town management prior to visiting with employees during working hours or on Town owned facilities. The Association/Unit agrees to make good faith efforts not to disrupt the normal business operations of the Town. The Association/Unit agrees to notify the Town’s designated Employee Relations Officer in writing within thirty (30) days of any changes in its officers, stewards, mailing DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 5 Adopted May 3, 2022
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Rev. August 2, 2022
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addresses or other information relating to employer-employee relations.

Expectations for FLSA Exempt Employees
General Office Hours
FLSA-exempt employees are paid on a salary basis and provided with additional administrative leave time. FLSA-Exempt employees are expected to put the hours and work effort in that is necessary to do the job. This may mean sometimes those exempt employees may take work home, come in early or stay late based on workload needs and project completion deadlines. FLSA exempt employees have more flexibility with their work schedule than non-exempt employees. Exempt employee work schedule flexibility is defined by several significant factors: 1) that employees are getting the job “done right” in a timely and appropriate manner; 2) meeting project completion deadlines and established service delivery dates, 3) available to interact with the public, other town staff and external partners as necessary for employee and them to conduct necessary business and 4) respectful and supportive of the Town’s lean organizational staffing structure which often requires availability to shore up the administrative and clerical support staff as necessary and to support their work objectives, and 5) recognition that as a public agency there is the need for public accountability of staff resources and leave benefits provided to employees
Core office hours are the same as the facility in which the employee is based unless otherwise designated or approved by the supervisor or Town Manager. Town Hall is open Monday through Friday from 8 a.m. to 5 p.m. The Community Center is open from 7:30 a.m. to 5:30 p.m., Monday through Friday and some weekends which results in staggered employee working schedules as assigned by the Parks & Recreation Director. The Public Works Corporation Yard hours are Monday through Friday from 7:30 a.m. to 4:00 p.m.

Lunch and Breaks
Lunch hours are one hour with the understanding that there may be occasional extended lunch hours for business meetings, work, or personal reasons/errands.

Break Times: All employees are provided and encouraged to take a 15-minute break in the middle of each of their regular 4-hour morning or 4-hour afternoon work schedule.

As a management level employee, it is your responsibility to appropriate schedule and take periodic breaks.

DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 6 Adopted May 3, 2022
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Breaks and lunch time that are NOT TAKEN are not then owed employees and are not to be used as justification to extend the lunch hour or leave work early in lieu of not taking your break.

Flexible work schedules or temporary adjustments to your normal schedule require approval from employees’ immediate supervisor and the Town Manager.

Council/Commission Meeting Attendance:

Administrative Leave:

FLSA-Exempt employees are not eligible for overtime pay or compensatory time off.

Payroll Leave Reporting:

The Town utilizes the philosophy that an FLSA-exempt employee will be paid for 80 hours each payroll period and that only leave usage is reported from the sick leave bank, administrative leave bank, and vacation bank. It is each employee’s responsibility DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 7 Adopted May 3, 2022
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to report your use of vacation, administrative, and sick leave usage on a payroll period basis.

Monitoring Work Hours
You are directed to carefully monitor your own work hours to ensure that you are complying with this memorandum. If you supervise employees, you should also carefully monitor the work hours of your subordinates. However, you are prohibited (or discouraged) from monitoring any other employee’s work schedule as this is their direct supervisor’s responsibility.

Voluntary Dues Deduction
Voluntary payroll deductions for Association/Unit membership dues shall be granted by the Town to the Association in accordance with the following terms:

Use of such due’s deduction is at the discretion of the Association and shall be initiated by written request of the Association.

DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 8 Adopted May 3, 2022
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The Association shall refund to the Town within thirty (30) days any amounts paid to it in error upon presentation of supporting evidence by the Town. Conversely, the Town will correct payment for any amounts paid incorrectly to Association within thirty (30) days upon supporting documentation presented by the Association.

No Discrimination
There shall be no discrimination by the Town or Association/Unit in employment conditions or treatment of employees on the basis of membership or non-membership in the Association, or participation or non-participation in Association activities.

Should the Town desire to exercise any of its rights, it will, except for cases of emergencies, give the Unit advance written notice of its intentions thereof and offer to meet and confer with the Unit’s designated representatives SECTION 2 - MISCELLANEOUS CHANGES
 No Changes
SECTION 3 - SALARIES AND OTHER COMPENSATION
 Effective July 1, 2022. A new salary range schedule shown as “Exhibit A” shall be implemented reflecting a 7% Cost of Living Adjustment.  Effective July 1, 2023. Cost of Living Adjustment (COLA) adjustment (a minimum of 2% with a maximum of 5.5% - actual CPI between 2% and 5.5%)  Effective July 1, 2024. Cost of Living Adjustment (COLA) adjustment (a minimum of 2% with a maximum of 5% - actual CPI between 2% and 5%)  Effective July 1, 2025. Cost of Living Adjustment (COLA) adjustment (a minimum of 2.5% with a maximum of 5% - actual CPI between 2.5% and 5%)  Effective July 1, 2026. Cost of Living Adjustment (COLA) adjustment (a minimum of 2% with a maximum of 5% - actual CPI between 2% and 5%) Salary Survey Adjustments - Implement salary market adjustments based on salary survey for DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 9 Adopted May 3, 2022
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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)  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.

Longevity Pay
Longevity pay shall be granted to any regular, full, or part-time employee as follows: On employee’s 10th Anniversary of continuous full-time service, employee shall receive a

2.5% increase to their base salary. The base salary shall be increased by 2.5% every five years thereafter of continuous full-time service.

B) Confidential Pay
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Employees in the classifications of Town Clerk, Financial Analyst I/II and Management Analyst I/II shall receive five percent (5%) of their base pay for confidential pay when assigned in writing to perform duties which require them to utilize, access and process confidential information in the performance of their required job duties.

An employee may only receive certificate pay for the highest certificate level obtained if the certificate has several levels available (i.e., if a Grade 3 is paid at that level and not Grade 2 and Grade 3). The Town reserves the right to establish a reasonable maximum per the number of certificate pay provided. Also, to facilitate employee development and succession planning, the Town reserves the right to approve certification pay outside of that which is required for the performance of the employee’s current job duties if there is a benefit to the Town at the sole determination of the Town Manager.

Certification Pay Schedule
CP Code Certificate Amount
CP 1 SWRCB Water Distribution Operator Certificate Grade D1 $27.00 CP 2 SWRCB Water Distribution Operator Certificate Grade D2 $81.00 CP 3 SWRCB Water Distribution Operator Certificate Grade D3 $135.00 CP 4 SWRCB Water Distribution Operator Certificate Grade D4 $216.00 CP 5 SWRCB Water Treatment Operator Certificate Grade T1 $27.00 CP 6 SWRCB Water Treatment Operator Certificate Grade T2 $81.00 CP 7 SWRCB Water Treatment Operator Certificate Grade T3 $135.00 CP 8 SWRCB Water Treatment Operator Certificate Grade T4 $216.00 CP 9 SWRCB Wastewater Treatment Operator Certificate Grade 1 $54.00 CP 10 SWRCB Wastewater Treatment Operator Certificate Grade 2 $162.00 CP 11 SWRCB Wastewater Treatment Operator Certificate Grade 3 $216.00 CP 12 SWRCB Wastewater Treatment Operator Certificate Grade 4 Determined By TM CP 13 CWEA Collection System Maintenance Grade 1 $27.00 CP 14 CWEA Collection System Maintenance Grade 2 $81.00 CP 15 CWEA Collection System Maintenance Grade 3 $135.00 CP 16 CWEA Collection System Maintenance Grade 4 Determined By TM CP 17 CWEA WW Treatment Plant Maintenance Grade 1 $54.00 CP 18 CWEA WW Treatment Plant Maintenance Grade 2 $108.00 CP 19 CWEA WW Treatment Plant Maintenance Grade 3 $162.00 CP 20 CWEA WW Treatment Plant Maintenance Grade 4 Determined By TM CP 21 CWEA WW Environmental Compliance Inspector Grade 1 $27.00 DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 11 Adopted May 3, 2022
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CP 22 CWEA WW Environmental Compliance Inspector Grade 2 $81.00 CP 23 CWEA WW Environmental Compliance Inspector Grade 3 $135.00 CP 24 CWEA WW Mechanical Technologist Grade 1 $27.00
CP 25 CWEA WW Mechanical Technologist Grade 2 $81.00
CP 26 CWEA WW Mechanical Technologist Grade 3 $135.00
CP 27 CWEA WW Laboratory Analyst Grade 1 $16.20
CP 28 CWEA WW Laboratory Analyst Grade 2 $37.80
CP 29 CWEA WW Laboratory Analyst Grade 3 $54.00

PARKS & FACILITIES
CP 30 Playground Inspection Certificate $27.00
CP 31 Pool Operator Certificate $16.20
CP 32 Qualified Applicator Certificate or License 3 or less categories $10.80 CP 33 Qualified Applicator Certificate or License 4 to 6 categories $16.20 CP 34 Qualified Applicator Certificate or License 6 or more categories $21.60 CP 35 Backflow Prevention Device $50.00
CP 36 Water Auditor Certification $27.00
CP 37 Master Gardener Designation $27.00
CP 38 Certified Arborist $108.00
CP 39 Work Zone Safety Specialist $43.20
CP 40 Red Cross CPR/AED instructor certification $16.20 CP 41 Food Handler certification $16.20
CP 42 Notary $50.00
CP 43 Web-site maintenance certification $21.60
CP 44 Permit Technician $16.20
CP 45 Mechanic Pay $108.00
CP 46 Safety Officer $75.00
CP 47 Maintenance Electrician $250.00
CP 48 Certified Municipal Clerk $108.00
CP 49 Sign & Pavement Marking Tech Level 1 32.40
CP 50 Sign & Pavement Marking Tech Level 2 37.80
CP 51 Sign & Pavement Marking Tech Level 3 54.00
CP52 Cross Connection Control Program Specialist 50.00
SECTION 4 – BENEFITS FOR CURRENT EMPLOYEES
Retirement
Employees hired prior to July 1, 2010, covered by this agreement shall be enrolled in the California Public Employees Retirement System with the following benefits: 2.7% @ 55 with the employee paying the 8% employee contribution for local miscellaneous members, credit for unused sick leave, one-year average compensation, military service credit and 1959 survivor benefits – level one.

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Employees hired after January 1, 2013, covered by this agreement shall be enrolled in the California Public Employee Retirement System with the following Benefits: 2% @ 62 with the employee paying the employee contribution for local miscellaneous members, credit for unused sick leave, one-year average compensation, military service credit and 1959 survivor benefits – level one.

Health Benefits

1. Health Insurance
Through June 30, 2021, the Town of Yountville shall contribute 100% of amount equal to the cost of the Kaiser Health plan premium provided to employees that were hired prior to July 1, 2011, through the PERS Health program.

Submission of marriage certificate or domestic partnership registration is required in order to have spouse/domestic partner included as eligible for insurance coverage.

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4. Health Insurance Continuation after Retirement from Town The historical practice of the Town is to contribute the same amount as active employees in the same position per month towards health insurance premiums for retirees and surviving spouses from the Town of Yountville.

Employees hired after 1-1-11 that meet the Towns vesting requirements will receive 90% retiree health coverage which are subject to the following conditions and understandings:

Contribution amount as per current PERS approved vesting schedule is as:

PERS Credited Years of Service / Percentage of Employer Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
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Should the provisions for vesting change or allow for a local agency designed vesting schedule, YEA and the Town agree to meet and discuss possible implementation of local vesting schedule and eligibility requirements.

If you have reached age 65, but not age 70, your amount of insurance will be 67% of the amount shown in 1 above.

If you have reached age 70 or more, your amount of insurance will be 67% of the amount shown in 2 above.

DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 15 Adopted May 3, 2022
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Deferred Compensation

2. The Town shall contribute a maximum of 7% per month effective July 1, 2008, of employee’s gross salary, on behalf of each employee who participates in a Town approved deferred compensation plan. The Town will match the employee contribution up to the maximum levels stated above, and in accordance with IRS limits.

Attendance of a minimum of eight (8) times per month is required for $50.00 total reimbursement for each Town employee.

Credit Union
The Town of Yountville employees may participate in the Redwood Credit Union through automatic payroll deduction.

Computer Loan Program
Employees may participate in a Computer Loan Program at 0% interest to be repaid through payroll deduction pursuant to Computer Loan Policy.

IRS 125 Plan “Cafeteria Plan”
The Town will provide an IRS 125 Plan for those employees who choose to participate.

The Town agrees to pay all administrative costs. Details of this plan are described in Resolution Number 15-3224.

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Tuition Reimbursement Plan
The Town will provide a Tuition Reimbursement Plan with up to $1,200 per year for an employee’s education costs for accredited classes pursuant to the restrictions of the plan to be adopted by resolution of the Council (Exhibit “D”) with an effective date of July 1, 2006.

Town Parks and Recreation Programs
Town employees are eligible to participate in Town of Yountville excursions, activities, classes and park and facility rentals at resident rates.

SECTION 5 - PART TIME EMPLOYEES

3. Other Benefits
DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 17 Adopted May 3, 2022
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Regular part time employees who work between 20-29 hours per week on an annual basis will receive benefits based on 50% of those offered full time employees. Regular part time employees who work 30-39 hours per week on an annual basis will receive 75% of the benefits offered full time employees. This provision applies to:
 Health/Dental Insurance
 Deferred Compensation
 Wellness Program
 Vision Plan
 Tuition Reimbursement
Other Benefits for Regular Part Time Employees
Life Insurance
The Town shall provide the same group insurance policy as for full time employees that provide 100% of annual salary for life insurance and accidental death and dismemberment coverage.

SECTION 6 - HOURS OF WORK
Normal Work Week
Forty hours shall constitute the normal workweek for all employees. To the maximum, practical extent, work schedules shall be arranged so the employee will work for five (5) consecutive days followed by two (2) days off. Supervisors shall establish work schedules subject to approval by the Town Manager.

Water/Wastewater Operations
The schedule for Public Works Crew is 6:30 a.m. to 4:00 p.m. with a 1/2-hour lunch.

Town Hall
The schedule for Town Hall hours is 8:00 a.m. to 5:00 p.m. Monday through Friday with a one-hour lunch.

All Other Employees
The schedule for employees other than those listed here are as approved by the Town Manager.

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Rest Periods
Employees are allowed a rest period of fifteen (15) minutes duration during each four (4) hour consecutive hours worked. Rest periods shall be scheduled and taken on a daily basis so that the delivery of services is not adversely impacted. If events interfere with a scheduled rest period, the employee shall contact their supervisor to reschedule a rest period during the same 4 hour working period. Rest periods are not to be combined for purposes of extending an employee’s lunch hour or leaving work prior to normal ending time.

Section 7 – FLEXIBLE STAFFING
The Town has designated the following classification series as subject to “flexible staffing.”
Maintenance Worker I/II
Operator in Training/WWTP Operator I
Utilities Operator I/II
Administrative Assistant I/II
Assistant Planner/Associate Planner
Management Analyst I/ II
Public Works Supervisor/Manager
Utility Operations Supervisor/Manager
Community Facilities Supervisor/Manager
Town Clerk I/II
Accounting Technician I/II
Financial Analyst/Accountant
Assistant/Associate Planner
The purpose and intent of the Town’s use of flexible staffing is to recognize the lean nature of Town staffing and the professional growth and development that may occur over time by individual employee in those positions and the Town wishes to support and encourage employee growth which adds value to the organization.

Positions designated by the Town as subject to flexible staffing shall be subject to the following understandings:

DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 19 Adopted May 3, 2022
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 The Town reserves its rights to determine the content of job classifications, including without limitation the right to establish the minimum qualifications for any job classification.
 The Town may fill the position at either the entry or next level, depending on the qualifications and experience of the available applicants and the Town’s organizational needs. The decision at which level a position is filled is the sole discretion of the Town Manager.
 Employees in the entry classification may “flex” to the next higher level based on demonstrated work performance and enhanced value to the organization as provided by: 1) approval by the Town Manager; 2) Management Team member written recommendation for progression to the next higher level; 3) employee must meet the minimum qualifications as established for the higher level position; and 4) the employee must have a current performance evaluation with a higher than satisfactory rating in the current level and must not have been on a performance improvement plan within the prior 24 months or have a record of employee discipline in the prior 24 months.

SECTION 8 – HOLIDAYS
Town offices shall be closed, and non-emergency employees shall observe the following holidays:

If a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday shall be observed on the following Monday.

DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 20 Adopted May 3, 2022
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SECTION 9 – LEAVES
Vacation Leave

1. Accrual
a) Regular employees shall accrue vacation leave as follows:

2. Eligibility
Eligibility to take accrued vacation leave begins once you have accrued vacation time.

Sick Leave
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All employees are entitled to Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave pursuant to the applicable Federal and State laws and in accordance with the Town’s Personnel Policies and Procedures. The Town reserves the right to coordinate FMLA and CFRA leave time in accordance with applicable law. Employees are required to complete Town provided medical provider certification that the medical condition (self or dependent) meets the requirements for CFRA or FMLA.

Limitations
a) Sick leave with pay for illness of a family member shall be limited to (8) workdays or sixty-four (64) hours per calendar year.
b) On the job injury: Whenever an employee is injured in the course of employment, he/she shall be compensated in accordance with the provisions of Workers' Compensation as provided by the Town’s DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 22 Adopted May 3, 2022
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insurance carrier. It is Town policy to apply a pro-rata share of accrued sick leave to equal the difference between the compensation to which the employee is entitled under the Workers' Compensation Act and his/her regular Town pay, not to exceed the amount of accrued sick leave. An employee may also elect to use any accrued vacation time or compensating time off in like manner after his/her sick leave is exhausted. c) Off the job injury - Short Term Disability: It is Town policy to apply a prorata share of accrued sick leave to equal the difference between the compensation to which the employee is entitled under the Short-Term Disability and his/her regular Town pay, not to exceed the amount of accrued sick leave. An employee may also elect to use any accrued vacation time or compensating time off in like manner after his/her sick leave is exhausted.
d) When an employee is absent from work due to an accepted work/nonwork-related injury (disability) the Town shall continue health and welfare benefit contributions (for health/dental insurance) in the amount set forth in Section 3.B.1, for a period not to exceed ninety (90) days, after all leaves are exhausted. The Town shall continue to pay employee premiums for Life and STD insurance during the same time. These benefits may be continued beyond ninety (90) days at the discretion of the Town Council.

Assistant/Associate Planner 80
Community Facilities Supervisor/Manager 80
Management Analyst I/II 80
Public Works Supervisor/Manager 80
Recreation Supervisor/Manager 80
Utility Operations Supervisor/Manager 80
Town Clerk I/II 80
Engineering Technician 80
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Financial Analyst/Accountant 80
Bereavement Leave
All regular employees shall be allowed a leave of absence on full pay, not to exceed three (3) working days or five (5) working days if the death is 150 or more miles away from the Town limits, when such absence is due to the death in the immediate family.

Pregnancy disability leave is unpaid leave; however, the employee may choose to use accrued sick leave, vacation, or compensatory time off before electing to go on leave of absence without pay under this provision. The disabled employee may also be eligible for short-term disability insurance benefits. Prior to the employee beginning pregnancy disability leave, the employee shall submit a request for vacation, compensatory time off or sick leave to be utilized during said leave, if any. While on disability, continued Town benefits will be subject to the regulations of Section 4.B.3, Continuation of Benefits.

SECTION 10 - MISCELLANEOUS LEAVES OF ABSENCE WITH PAY
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Leaves of absence with pay pursuant to this section shall not be chargeable to accrued vacation credits.

A. Military Leave of Absence
Town employees shall be granted military leave in accordance with and as required by provisions of State and Federal Law.

D. Administrative Leave
The Town Manager may place an employee on Administrative Leave when such leave is identified as being in the interests of the Town.

E. Voting Time
Employees shall be authorized reasonable time to vote on election days.

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C. Town contributions for employee benefits such as health/dental insurance, life insurance, retirement and disability insurance shall also cease when an employee is in a non-pay status for more than forty (40) hours in any given month. These benefits may be continued during an approved leave of absence by the employee paying the necessary contributions to the Town. Consistent with Section 4.B.3, the exception to this provision shall be, if an employee is absent from work due to an accepted work/non-work-related injury (disability), the Town shall continue health and welfare benefit contributions (for health/dental insurance) for a period not exceed ninety (90) days after all leaves have been exhausted. The Town shall continue to pay employee’s premiums for Life and STD/LTD insurance during the same time. These benefits may be continued at the discretion of the Town Manager.

D. The procedure for allowing leave without pay shall be as follows:

2. In the case of illness, pregnancy, or disability, Leave without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other paid leave prior to utilizing Leave without Pay. In the case of Leave without Pay for other reasons, all paid leave must be expended before Leave without Pay shall begin.

The Town will not make a premium payment in anticipation of receipt of the payment from the employee except as provided for in the MOU or by law.

5. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees’ Retirement System’s (PERS) regulations.

6. An employee who fails to return to work at the conclusion of a Leave without Pay shall be considered to have automatically resigned from Town employment.

7. Upon return from Leave without Pay, an employee shall be reinstated to the position held at the time of commencement of leave at the salary DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B 26 Adopted May 3, 2022
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range and step previously held.

B. All items of essential equipment and tools will be provided by the Town, except an employee may elect to provide all or any part of his/her own equipment and tools.

C. Town owned equipment and tools shall be used solely in the exercise of official Town business; use for any other purpose shall be only on authorization of the Town Manager.

D. Eyeglasses will be replaced or repaired by the Town if eyeglasses are broken as a result of accident while the employee is performing job duties.

E. The Town shall reimburse Public Works employees for the cost of work boots/steel toe safety shoes up to $175.00 every fiscal year upon submission of receipts.

SECTION 13 – DRUG FREE WORKPLACE POLICY
The Town of Yountville maintains a drug and alcohol-free workplace pursuant to its Personnel Policies and Procedures.

SECTION 14 - GRIEVANCE PROCEDURE
A. Definition
A grievance is a formal allegation by an employee claiming violation, misinterpretation, inequitable application, or non-compliance with:

1. Provisions of this MOU

2. Town ordinances

3. Personnel Rules
Appeals of appointment, disciplinary actions, and performance evaluations are not grievable hereunder.

B. Who May File a Grievance
An employee may file a grievance in his/her own behalf, or jointly by any group of employees.

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C. Grievance Procedure
Step 1 - INFORMAL DISCUSSION: Within ten (10) working days of the occurrence of an act in dispute, an employee shall discuss the incident with his/her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) working days after the discussion. If the employee is not satisfied with the response, she/he may proceed to the next step.

After consideration of the facts, the Town Manager shall give his/her written decision to the employee within five (5) working days after the meeting.

The Town Council shall have the following options:

1. Refuse to hear the appeal; or

2. Make a decision on the documentation submitted; or

3. Hold a hearing, in open or closed session as permitted by law and appropriate to the circumstances.

The decision of the Town Council will be final.

SECTION 17 - TERM OF AGREEMENT
This agreement shall remain in force and effect from July 1, 2022, until June 30, 2027, and supersede all other agreements between the parties.

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Yountville Employee Association (YEA) Mid Management Professional Unit (MMP) Negotiation Team on Behalf of YEA MMP
Date
Kyle Batista
Date
Erica Teagarden
Date
Jacob Solis
Date

TOWN MANAGER SIGNATURE
Exhibit A – Monthly Salary Schedule
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Resolution #22-4144
Classification A B C D E
Accounting Assistant 4,822.02 5,064.27 5,315.65 5,578.47 5,857.27 Accounting Technician I 5,673.00 5,956.65 6,254.49 6,567.21 6,895.57 Accounting Technician II 6,254.49 6,567.21 6,895.57 7,240.36 7,585.13 Administrative Assistant I 4,573.85 4,802.56 5,042.67 5,294.81 5,559.55 Administrative Assistant II 5,294.81 5,559.55 5,837.54 6,129.42 6,435.87 Assistant Planner 6,751.71 7,090.50 7,445.02 7,817.26 8,208.14 Associate Planner 8,561.78 8,989.85 9,439.35 9,911.31 10,406.87 Code Compliance Officer 8,898.40 9,343.31 9,810.47 10,301.00 10,816.17 Comm. Facilities Supervisor 5,763.00 6,051.14 6,353.70 6,671.38 7,004.96 Comm. Facilities Manager 6,682.24 7,016.35 7,367.16 7,735.52 8,122.30 Engineering Technician 5,852.77 6,145.41 6,452.69 6,775.32 7,114.09 Facility & Event Specialist 4,215.23 4,426.00 4,647.29 4,879.66 5,123.64 Facility & Grounds Worker 4,215.23 4,426.00 4,647.29 4,879.66 5,123.64 Financial Analyst/Accountant I 7,320.74 7,686.77 8,071.11 8,474.68 8,898.40 Financial Analyst/Accountant II 8,898.40 9,343.31 9,810.47 10,301.00 10,816.17 Information Systems Administrator 8,898.40 9,343.31 9,810.47 10,301.00 10,816.17 Maintenance Worker I 4,683.58 4,917.75 5,163.63 5,421.83 5,692.92 Maintenance Worker II 5,692.92 5,977.57 6,276.45 6,590.27 6,919.78 Management Analyst 7,320.74 7,686.77 8,071.11 8,474.68 8,898.40 Management Analyst II 8,898.40 9,343.31 9,810.47 10,301.00 10,816.17 Management Fellow 64,314.86 Year One 70,746.33 Year Two PW Supervisor 7,320.74 7,686.77 8,071.11 8,474.68 8,898.40 PW Manager 8,898.40 9,343.31 9,810.47 10,301.00 10,816.17 Recreation Coordinator 4,904.69 5,149.91 5,407.39 5,677.77 5,961.64 Recreation Supervisor 6,339.30 6,656.26 6,989.08 7,338.53 7,705.46 Recreation Manager 7,885.04 8,279.29 8,693.25 9,127.91 9,584.31 Town Clerk
106,780.80 8,898.40 112,119.72 9,343.31 117,725.64 9,810.47 123,612.00 10,301.00 129,794.04 10,816.17

51.34 53.90 56.60 59.43 62.40
Utilities Operator in Training 4,303.84 4,519.03 4,744.99 4,982.23 5,231.33 Utilities Operator I 5,560.31 5,838.32 6,130.24 6,436.75 6,758.59 Utilities Operator II 6,921.74 7,267.82 7,631.21 8,012.78 8,413.41 Utilities Operations Supervisor 7,614.12 7,994.82 8,394.56 8,814.29 9,255.01 Utilities Operations Manager 9,255.01 9,717.76 10,203.64 10,713.83 11,249.52 Executive Management Entry Control Point Top
Town Manager 20,675.17
Finance Director 11,878.07 13,197.68 16,694.81
Parks & Recreation Director 11,878.07 13,197.68 16,694.81 Planning and Building Director 11,878.07 13,197.68 16,694.81 Public Works Director 12,910.39 14,344.77 18,146.37
Deputy Public Works Director 11,160.19 11,718.19 12,304.11 12,919.27 13,565.28 Deputy Director HR & IT 11,160.19 11,718.19 12,304.11 12,919.27 13,565.28 Last updated 7.19.11
Town of Yountville
Monthly Salary Schedule
Effective July 1, 2022
DocuSign Envelope ID: 70C46ED5-B0AC-407D-A37B-4D105728C16B Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7I
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Second Reading and Adoption of Ordinance Number 22-509 An Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

17.156 as it relates to accessory dwelling units and encourages the construction of affordable rental units.

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? 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. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love. 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. Adoption of this Ordinance amending the Zoning Ordinance allows a quality of life for residents by establishing clear objective standards to preserve an orderly development.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 22-509 An Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

Town of Yountville
Ordinance Number 22-509

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING CHAPTER 17.156 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE AMENDMENT: Section 17.236.010 of Chapter 17.236 of Title 17 of the Yountville Municipal Code is hereby amended to repeal the following definitions: (1) “accessory dwelling unit”, (2) “accessory dwelling unit, interior”, (3) “accessory dwelling unit, other”, and (4) “primary residential unit”.

SECTION 2. CODE AMENDMENT: Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby repealed and replaced to read as follows:

17.156.010 Purpose and application.

These provisions are intended to encourage the development of affordable rental housing within the Town. These types of dwelling units are also commonly referred to as mother-inlaw units, granny flats, and second dwelling units.

17.156.20 Definitions.

A. The definitions in this section shall apply to this chapter only. Unless otherwise defined in this section, the definitions in Section 17.236.010 shall apply.

B. “Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons. An ADU shall not have direct access to the primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel the Primary Dwelling Unit is situated. An Accessory Dwelling Unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

C. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is attached to the Primary Dwelling Unit, not including a Junior Accessory Dwelling Unit.

D. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit in a separate structure from the Primary Dwelling Unit.

E. “Efficiency Kitchen" means a cooking facility with appliances, a food preparation counter, and storage cabinets, all of which must be of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.

F. “Floor Area” has the same meaning as defined in Section 17.100.020.

G. “Garage” has the same meaning as defined in Section 17.236.010.

H. “Junior Accessory Dwelling Unit” or “JADU” means a residential dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure. A Junior Accessory Dwelling Unit may include separate sanitation facilities, or may share sanitation facilities with the primary dwelling unit and have direct access to the primary dwelling unit. Junior Accessory Dwelling Units are limited to one (1) per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

I. “Lot Coverage” means the percentage of the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor
J. “Primary Dwelling Unit” means an existing single-family dwelling located on a lot in any of the following zones — RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Mobile Home Park), and PD (Planned Development) — if the property’s existing single-family dwelling is legal, whether conforming or nonconforming.

17.156.30 Site and Layout Standards.

If the Planning Officer determines that an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit meets the following requirements, the Planning Officer shall approve the application for the unit. Unless specifically relating to one unit or the other, all Accessory Dwelling Units and Junior Accessory Dwelling Units shall meet the following requirements:

A. Zoning.
(1) Pursuant to Section 17.12.010 (General Requirements for New Development and Land Uses) Accessory Dwelling Units and Junior Accessory Dwelling Units are only permitted in the following zoning districts:
i. A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Mobile Home Park), and PD (Planned Development).
(2) Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in the PP (Parks and Playfields), PF (Public Facilities), PC (Primary Commercial), RSC (Residential-Scaled Commercial), OTC (Old Town Commercial), RC (Retained Commercial), and MU (Mixed Use Overlay) zones.

B. Historic Properties.
(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit proposed for an historic property shall:
i. Be located in the rear of the property such that at least 50 percent of the unit’s first floor, front-facing facade is behind the predominant massing of the existing dwelling.
ii. Not be placed in a manner to block visibility of the historic resource from the public right-of-way or compete with character-defining features of the historic resource.

C. Floor Area of ADUs.
(1) The maximum size of the Floor Area of an Accessory Dwelling Unit shall not exceed 850 square feet or, if the Accessory Dwelling Unit provides more than one bedroom, 1,000 square feet.
(2) Nothing in this chapter shall prohibit an Accessory Dwelling Unit that is at least 800 square feet, 16 feet in height, and constructed in compliance with all other local development standards.

D. Floor Area of JADUs.
(1) The maximum size of the Floor Area of a Junior Accessory Dwelling Unit shall not exceed 500 square feet.
(2) The minimum size of the Floor Area of a Junior Accessory Dwelling Unit shall be greater than 220 square feet, pursuant to the International Building Code of the International Code Council Standards.

E. Lot Coverage.
(1) The maximum Lot Coverage shall be no greater than 60%. (2) The lot must contain an existing single-family detached dwelling unit and no other dwelling units. There shall be no more than one Accessory Dwelling Unit and one Junior Accessory Dwelling Unit per lot with a single-family dwelling.

F. Setbacks.

The setback standards for Accessory Dwelling Units are as follows:
(1) Front yard setback – Consistent with applicable setback regulations in Division 2 of Title 17.
(2) Side yard setback—four feet.
(3) Rear yard setback—four feet.
(4) There are no setback requirements for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure, that is converted into an Accessory Dwelling Unit or portion of an Accessory Dwelling Unit.

G. Height Limits.
(1) Accessory Dwelling Units shall not exceed one-story or 16 feet in height measured to top of parapet or pitched roof, unless the Accessory Dwelling Unit is contained within the existing legal two-story space of a single-family detached dwelling unit; added above or below an existing legal single-family detached dwelling unit; or added above an existing legal one-story detached Garage on a property with an existing legal two-story single-family detached dwelling unit; and consistent with the setback and height regulations of Divisions 2 and 3 of Title 17. Accessory Dwelling Units shall not exceed two stories in height in all cases.

H. Parking.
(1) A minimum of one screened off-street parking space shall be provided for each Accessory Dwelling Unit. Surface parking may encroach up to 15 feet into the rear setback. The additional on-site parking space required for the Accessory Dwelling Unit may be provided by tandem parking.
(2) If an existing Garage, carport, or covered parking structure is to be demolished in conjunction with the construction of an Accessory Dwelling Unit, the required off-street parking for the Primary Dwelling Unit need not be replaced. Replacement parking spaces may be provided in any configuration on the lot, including, but not limited to, covered, uncovered, or tandem spaces, or by the use of mechanical automobile parking lifts.
(3) Notwithstanding any other provision of this code, no additional parking shall be required for an Accessory Dwelling Unit if any of the following is true:
i. The unit is located within one-half mile walking distance of a public transit stop;
ii. The unit is located within an architecturally and historically significant historic district;
iii. The unit is part of the existing Primary Dwelling Unit or an existing accessory structure;
iv. On-street permits are required but not offered to the occupant of the unit; or
v. There is a publicly accessible car share vehicle located within one block of the unit.

17.156.40 Development Standards.

Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the following development standards:

A. Facilities.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall have the following features located within the unit:
i. Independent heating controls, and cooling controls if air conditioning is provided.
ii. Its own kitchen with sink and standard built-in or freestanding appliances, except that a Junior Accessory Dwelling Unit shall have an Efficiency Kitchen.
iii. Its own bathroom with toilet, sink, and tub or shower, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit.
iv. Indoor washer and dryer hookups, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit. v. Exterior access independent from the Primary Dwelling Unit. Except for a Junior Accessory Dwelling Unit, there shall be no shared access with the Primary Dwelling Unit.

B. Utilities.
(1) A new or separate utility connection shall be required for all Accessory Dwelling Units that are not described in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 of the California Government Code. (2) A connection fee and capacity charge for utilities, including water and sewer service, shall be charged for such Accessory Dwelling Units proportionate to the additional burden the unit places on the service(s) provided. No impact fee shall be charged for a unit smaller than 750 square feet.

C. Building Code.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall meet minimum building code requirements prior to occupancy of the unit. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be required to have a permanent foundation.

D. Appearance.
(1) The design of an Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be substantially similar to the Primary Dwelling Unit on the lot and the predominant architectural style of adjacent residences. The Planning Officer shall make this determination based on architectural use of forms, height, materials, colors, and landscaping.
(2) For an Accessory Dwelling Unit or Junior Accessory Dwelling Unit that includes a second story, any window, door, or deck of a second story shall be located and designed utilizing techniques that lessen the impacts on the privacy of adjacent properties. These techniques shall include one or more of the following: use of obscured glazing, window placement above eye level, orientation of windows, doors, and decks toward the existing on-site residence, or screening treatments.
(3) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall require landscaping. If the existing development lacks landscaping, the applicant shall submit a landscape screening plan.
(4) A minimum of 100 square feet shall be provided for use as common space by an Accessory Dwelling Unit and a Junior Accessory Dwelling Unit, of which no less than half shall be directly accessible to the unit.

E. Primary and Accessory Dwellings Not Separable.
(1) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall not be sold separately from the Primary Dwelling Unit and may be rented, provided any rental complies with Chapter 8.08 and Section 17.12.010(C)(1) of this code.

F. Occupancy and Rental.
(1) On all lots containing an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, either the Primary Dwelling Unit, the Accessory Dwelling Unit, or the Junior Accessory Dwelling Unit shall be owner-occupied and eligible for a “homeowners’ exemption” for property tax purposes. The owner occupancy requirement in this subsection is not operative between January 1, 2020, and January 1, 2025.
(2) An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall not be rented for occupancy by individuals for periods of less than 90 consecutive days.
(3) The owner shall sign a “Notice of Restrictions: Occupancy, Sale and Rental,” which the Town will record with the County Recorder’s office, prior to issuance of a building permit for the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit, acknowledging the requirements of subsections (E)(1), (F)(1) and (F)(2) of this section.

G. Short-term Rentals.
(1) Short-term rental of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit for less than 30 days is prohibited.

H. Fees.
(1) An application for an Accessory Dwelling Unit and/or a Junior Accessory Dwelling Unit shall be submitted to the Town along with the appropriate fee as established from time to time by resolution of the Town Council. (2) The Town may impose a fee on the applicant in connection with approval of an Accessory Dwelling Unit for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 65852.2(f)(1) and 66000(b).
(3) The Town will not consider an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit is constructed with a new single-family or multi-family dwelling.
(4) Any development impact fees charged for an Accessory Dwelling Unit of seven hundred (750) square feet or more shall be charged proportionately in relation to the square footage of the Accessory Dwelling Unit. (5) The Town may charge a fee to inspect an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit to determine compliance with applicable building standards.

I. Permit Approval
(1) All proposed Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to review for compliance with the terms of this chapter by the Planning Officer, via a zoning clearance. The Planning Officer shall complete the review of the application within sixty (60) days of receipt of a complete submission. Review of, and the denial of or granting of, an application by the Town is a ministerial action. The Planning Officer shall not approve an application or issue a permit unless the proposed Accessory Dwelling Unit or Junior Accessory dwelling Unit complies with the requirements of this chapter.

The decision of the Planning Officer shall be final and conclusive.

J. Permit Termination
(1) A permit for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit shall terminate when one (1) or more of the following occur:
i. The construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit is not commenced within one (1) year from the date of permit issuance;
ii. The construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit has been abandoned or discontinued for one hundred eighty (180) consecutive days or more;
iii. The owner of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit files a declaration with the Planning Officer that the permit has been abandoned or discontinued and the unit has been removed from the property; or
iv. The permit has expired by its own terms.

17.156.50 Development Standards for JADUs.

A. A Junior Accessory Dwelling Unit shall be built within the structure of an existing or proposed Primary Dwelling Unit. If built within the structure of an existing Primary Dwelling Unit, a Junior Accessory Dwelling Unit may include an addition to the Primary Dwelling Unit of up to one hundred fifty (150) square feet.

SECTION 3. CEQA: The proposed ordinance is statutorily exempt under CEQA Guidelines Section 15282, Subdivision (h), of the California Environmental Quality Act (CEQA) regulations because it adopts "an ordinance regarding second units in a single-family or multi-family residential zone by a town or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code."
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portionof 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 5. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

SECTION 6. 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 19th day of July, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7J
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Second Reading and Adoption of Ordinance Number 22-510, An Ordinance of The Town Council of the Town of Yountville Adding Chapter 17.158 Of the Yountville Municipal Code Regarding Two Dwelling Residential Developments and Urban Lot Splits.

17.158 (Two Dwelling Units and Urban Lot Splits) to provide opportunities to develop two dwelling unit and urban lot splits.

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? 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. 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. By adopting development standards for two dwelling unit development and urban lot splits, it will provide for orderly in fill housing developments.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 22-510, An Ordinance of The Town Council of the Town of Yountville Adding Chapter 17.158 Of the Yountville Municipal Code Regarding Two Dwelling Residential Developments and Urban Lot Splits.

Town of Yountville
Ordinance Number 22-510

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE ADDING CHAPTER 17.158 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING TWO

DWELLING RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE AMENDMENT: Chapter 17.158 of Title 17 of the Yountville Municipal Code is hereby added to read as follows:

CHAPTER 17.158 – TWO DWELLING RESIDENTIAL DEVELOPMENTS AND URBAN

LOT SPLITS

17.158.010 Two dwelling residential developments

17.158.020 Urban lot splits

17.158.030 Cost recovery agreement, deposits, and fees

17.158.010 Two dwelling residential developments
The following shall apply to Two Dwelling Residential Developments proposed pursuant to the requirements of Government Code section 65852.21. a. Purpose & Applicability
It is the intent of these regulations to provide opportunities to construct Two Dwelling Residential Developments on parcels zoned Old Town Historic (H) and Single Family Residential (RS).
b. Land Use, Zoning, & Density

1. Two Dwelling Residential Developments are a permitted residential use on parcels zoned Old Town Historic (H) and Single Family Residential (RS).

2. Two Dwelling Residential Developments are not subject to the density requirements of the General Plan, this code, or to the maximum density or unit count stipulated in an any master plan and/or precise development plan applicable to properties zoned Old Town Historic (H) or Single Family Residential (RS).
c. Definitions
The definitions below shall apply to this section only.

1. “Accessory Structure” means a structure that is accessory and incidental to a Single-Family Dwelling located on the same lot.

2. “Car Share Vehicle” means a vehicle available for sharing located in a Car Share Vehicle Facility approved by the Town.

3. “Car Share Vehicle Facility” means a facility at a fixed location approved by the Town to permit the storage, pick-up, and drop-off of a Car Share Vehicle.

4. “Dwelling Unit(s)” has the same meaning as defined in Section 17.236.010 of this code.

5. “Existing Structure” means an existing permitted or otherwise legal SingleFamily Dwelling or Accessory Structure.

6. “Floor Area” has the same meaning as defined in Section 17.100.020 of this code.

7. “Garage” has the same meaning as defined in Section 17.236.010 of this code.

8. “Living Area” means the interior habitable area of a Dwelling Unit, including basements and attics, but does not include a Garage or any Accessory Structure.

9. “Lot Coverage” means the percentage of the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor.

10.“Nonconforming Zoning Condition” means a physical improvement on a property that does not conform with current zoning standards.

11.“Objective Standards” means design, development, and subdivision standards contained within this code.

12.“Single-Family Dwelling” has the same meaning as defined in Section

17.236.010 of this code.

13.“Two Dwelling Unit Permit” means a Town-issued permit required prior to the construction of a Two Dwelling Residential Development.

14.“Two Dwelling Residential Development” means a housing development consisting of no more than two Dwelling Units and created under this section. d. Planning Permit & Application Requirements

1. Two Dwelling Unit Permit Required. A proposal to construct a Two Dwelling Residential Development must obtain a Two Dwelling Unit Permit prior to undertaking construction.

2. Application Submittal Requirements. The submittal requirements for a Two Dwelling Unit Permit application shall be established by separate policy published by the Planning Officer.
e. Review Procedures, Notice, & Action

1. Completeness Review. The Planning Officer or designee shall determine whether the application for a Two Dwelling Unit Permit is complete pursuant to the requirements of Government Code section 65943.

2. Objective Standard Consistency. The Planning Officer or designee shall provide an applicant for a Two Dwelling Unit Permit with written documentation identifying any inconsistencies with the Objective Standards applicable to Two Dwelling Residential Developments within 30-days of the application being determined to be complete.

3. Courtesy Notice. A courtesy notice shall be issued to adjacent properties and physically posted in a prominent location visible from the public rightof-way on the property by the Planning and Building Department a minimum of ten (10) days prior to the date of action on a Two Dwelling Unit Permit.

4. Ministerial Action. The Planning Officer or designee shall render a ministerial decision without a public hearing on a Two Dwelling Unit Permit application but not prior to conclusion of the courtesy noticing period. The Planning Officer’s action to grant or deny a Two Dwelling Unit Permit is final and not subject to appeal.

5. Conditions of Approval. The Planning Officer may impose conditions of approval to ensure compliance with the Objective Standards and other provisions of this code prior to issuing a building permit. f. Parcel Eligibility. A Two Dwelling Residential Development shall be allowed on parcels located in the single-family residential zones listed under subsection B.1. above, except where:

1. The subject parcel meets one or more of the criteria specified in Government Code section 65913.4(a)(6)(B) to (K);

2. The subject parcel is a property on which the owner has exercised their rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date of submitting an application for a Two Dwelling Unit Permit; or

3. The Two Dwelling Residential Development is proposed on a parcel located within a historic district or a property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town or county landmark or historic property or district pursuant to a Town or county ordinance.
g. Demolition & Alteration of Existing Structures. A Two Dwelling Residential Development shall not require the demolition or alteration of an existing housing unit(s):

1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2. Subject to any form of rent or price control through a public entity’s valid exercise of its police power; or

3. Occupied by a tenant in the last three years.
h. Maximum Number of Units. A Two Dwelling Residential Development shall include no more than two dwelling units. A Two Dwelling Residential Development may also be combined with one (1) accessory dwelling unit and one (1) junior accessory dwelling unit subject to Chapter 17.156 of this code and applicable provisions of state law.
i. Nonconforming Zoning Conditions. Notwithstanding the provisions of Chapter

17.232 of this code, the construction of a Two Dwelling Residential Development shall not be contingent on the correction of any Nonconforming Zoning Condition.
j. Separate Sale or Conveyance. The dwelling units in a Two Dwelling Residential Development shall not be separately sold or conveyed unless located on parcels created under the provisions of Government Code section 66411.7. However, the dwelling units shall be designed to allow the possibility for separate conveyance.
k. Building Code. All local and state building code provisions applicable to Dwelling Units shall apply to Two Dwelling Residential Developments. A Two Dwelling Residential Development shall meet all local and state building code provisions necessary to accommodate separate conveyance of the Dwelling Units created thereby.
l. Easements. Dwelling Units in a Two Dwelling Residential Development shall not encroach on any easement.
m. Effect of Other Ordinances, Policies, & Regulations. Two Dwelling Residential Developments shall comply with all applicable ordinances, policies, and regulations of the Town including, but not limited to, this code. Accordingly, an applicant for a Two Dwelling Residential Development is not entitled to construct such a development in any form of their choosing, but rather must accept the development configuration meeting all applicable standards. If no form of a Two Dwelling Residential Development can conform to all applicable ordinances, policies, and regulations of the Town including, but not limited to, this code, then a property owner shall be entitled to construct a Two Dwelling Residential Development in the form that most substantially complies with applicable ordinances, policies, and regulations and allows two Dwelling Units of no less than 800 square feet in gross Floor Area each. n. Modification of Provisions. Where the Town is compelled to modify a provision(s) of this section and/or this code to allow a Two Dwelling Residential Development with two, 800-square foot Dwelling Units, such modifications shall only permit the minimum deviation necessary to create a habitable structure pursuant to local and state building code provisions.
o. Minimum Rental Period. Dwelling Units in a Two Dwelling Residential Development shall not be rented for a period of less than 30-days and, if rented, shall comply with Chapter 8.08 of this code.
p. Deed Restriction. A deed restriction, signed by the property owner(s) of record and the Planning Officer or designee, shall be recorded with the Napa County Recorder's Office, listing the restrictions and limitations applicable to Two Dwelling Residential Developments as identified below. The deed restriction shall be recorded prior to the final occupancy of the Two Dwelling Residential Development and run with the land, and shall be binding upon any future owners, heirs, or assigns. The deed restriction shall state:

1. The Dwelling Units created thereby shall not be sold separately from the primary dwelling unit unless an Urban Lot Split is approved pursuant to Section 17.158.020 of this code and Government Code Section 66411.7 and all local regulations addressed thereto are met;

2. The Dwelling Units created thereby shall not be rented for a period of less than 30 consecutive calendar days and, if rented, shall comply with Chapter 8.08 of this code; and

3. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of this section can result in legal action against the property owner, including revocation of any right to maintain the Dwelling Units on the property. q. Development Impact Fees. Two Dwelling Residential Developments shall be subject to payment of development impact fees.
r. Street Address Required. A street addresses shall be assigned to each Dwelling Unit created by a Two Dwelling Residential Development to assist in emergency response.
s. Separate Water and Electrical Services. Each Dwelling Unit created by a Two Dwelling Residential Development shall have water and electrical meters separate from other units on the parcel.
t. Time Limits & Extensions. A Two Dwelling Unit Permit granted pursuant to this section shall be valid for two years from the date of issuance. u. Preemption. In the event of an inconsistency between the provisions of this section and Government Code section 65852.21, Government Code Section 65852.21 shall prevail.
v. Development Standards

1. Existing Structure Conversion
The following standards apply to a Two Dwelling Residential Development being created through the conversion of either an existing, permitted Single- Family Dwelling into two dwelling units or an Accessory Structure creating a second Dwelling Unit on a parcel with a Single-Family Dwelling:
a. Minimum Unit Size. The minimum gross Floor Area shall be 150 square feet.
b. Maximum Unit Size.
i. Existing Single-Family Dwelling Conversion. The existing Living Area of a primary Single-Family Dwelling can be divided into two separate Dwelling Units of any gross Floor Area.
ii. Existing Accessory Structure Conversion. Up to 800 square feet of an existing Accessory Structure can be converted into a Dwelling Unit.
c. Maximum Floor Area Ratio. The maximum Floor Area ratio shall be no greater than the gross area of the Existing Structure being converted.
d. Maximum Lot Coverage. Lot Coverage shall not be increased. e. Maximum Height. Maximum building height shall be no greater than the height of the Existing Structure being converted. f. Setbacks. No setbacks are required for a Two Dwelling Residential Development created within the walls of an existing Single-Family Dwelling or Accessory Structure or within a replacement building constructed in the same location and to the dimensions as the Existing Structure.

2. Two Dwelling Residential Developments – Addition to Existing Structure The following standards apply to Two Dwelling Residential Development being created through an addition to either an existing Single-Family Dwelling or Accessory Structure:
a. Minimum Unit Size. The minimum gross Floor Area of each Dwelling Unit shall be 800 square feet.
b. Maximum Unit Size. The maximum gross Floor Area of each Dwelling Unit shall be 800 square feet.
c. Maximum Floor Area Ratio. The maximum Floor Area ratio shall be that assigned to the zoning district in which the development will be located.
d. Maximum Lot Coverage. The maximum Lot Coverage shall be no greater than 60%.
e. Maximum Height. The maximum height of a new addition to accommodate a Two Dwelling Residential Development shall be 16- feet. The height of a Dwelling Unit shall be measured in accordance with the definition of “Building Height” in Section 17.236.010 of this code. Notwithstanding the provisions of Chapter 17.104 of this code, architectural, decorative, and other roof elements (i.e., mechanical equipment, roof vents, chimney etc.) attached to a Dwelling Unit may not exceed this height limit.
f. Setbacks. The setbacks applicable to an addition to an Existing Structure to accommodate a Two Dwelling Residential Development shall be as follows:
i. Front: As assigned to the zoning district in which the development will be located.
ii. Side: 4-feet.
iii. Rear: 4-feet.
g. Maximum Setback Coverage. An addition to create a Two Dwelling Residential Development shall not cover more than 30% of the rear yard setback or 25% of the side yard setback established by the zoning district in which the development will be located. h. Fire Protection Building Separation Requirement. An addition to create a Two Dwelling Residential Development shall maintain a minimum building separation distance of three (3) feet from any other building(s).

3. Two Dwelling Residential Developments – New Detached Dwelling The following standards apply to a Two Dwelling Residential Development being created through the construction of a new detached dwelling on a parcel developed with an existing, permitted Single-Family Dwelling:
a. Minimum Unit Size. The minimum gross Floor Area of a Dwelling Unit shall be 800 square feet.
b. Maximum Unit Size. The maximum gross Floor Area of a Dwelling Unit shall be 800 square feet.
c. Maximum Floor Area Ratio. The maximum Floor Area ratio shall be that assigned to the zoning district in which the development will be located.
d. Maximum Lot Coverage. The maximum Lot Coverage shall be no greater than 60%.
e. Maximum Height. The maximum height of a new detached structure shall be 16-feet.
f. Minimum Setbacks: The minimum setbacks for a new detached structure shall be as follows:
i. Front: As assigned to the zoning district in which the development will be located.
ii. Side: 4-feet.
iii. Rear: 4-feet.
g. Maximum Setback Coverage. A new detached Dwelling Unit proposed in a Two Dwelling Residential Development shall not cover more than 30% of the rear yard setback or 25% of the side yard setback established by the zoning district in which the development will be located.
h. Fire Protection Building Separation. A new detached Dwelling Unit shall maintain a minimum building separation distance of three (3) feet from any other building(s) on the subject parcel.

4. Two Dwelling Residential Developments – New Two Family Dwelling The following standards apply to the creation of a Two Dwelling Residential Development through the construction of a new structure containing two dwellings or two separate Dwelling Units on an undeveloped parcel:
a. Minimum Unit Size. The minimum gross Floor Area of each Dwelling Unit shall be 800 square feet.
b. Maximum Unit Size. The maximum gross Floor Area of each Dwelling Unit shall be 800 square feet.
c. Maximum Floor Area Ratio. The maximum Floor Area ratio shall be that assigned to the zoning district in which the development will be located.
d. Maximum Lot Coverage. The maximum Lot Coverage shall be no greater than 60%.
e. Maximum Height. The maximum height of a Two Dwelling Residential Development shall be 16-feet.
f. Minimum Setbacks: The minimum setbacks for a new detached structure shall be as follows:
i. Front: As assigned to the zoning district in which the development will be located.
ii. Side: 4-feet.
iii. Rear: 4-feet.
g. Maximum Setback Coverage. A Two Dwelling Residential Development shall not cover more than 30% of the rear yard setback or 25% of the side yard setback established by the zoning district in which the development will be located.
h. Fire Protection Building Separation. A new detached Dwelling Unit shall maintain a minimum building separation distance of three (3) feet from any other building(s) on the subject parcel.
w. Required Parking. The following parking requirements shall apply to all Two Dwelling Residential Developments:

1. One (1) off-street parking space shall be required for each Dwelling Unit, except where:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code section 21155, subdivision (b), or a major transit stop, as defined in Public Resources Code section 21064.3.
b. When there is a Car Share Vehicle Facility located within one block of the subject property.

2. On-site parking, when required, shall be provided in a Garage, with each parking stall having a minimum dimension of 10-feet wide by 20-feet deep.

3. Off-street parking shall comply with applicable standards in this code. x. Architecture. New Two Dwelling Residential Developments shall have matching architectural elements, including:

1. Paint color;

2. Siding material and style;

3. Roof pitch, material, and color; and

4. Doors, windows, and trim.
y. Denial if Impacts. The following requirement shall apply to all applications for new Two Dwelling Residential Developments.

1. The application for a Two Dwelling Residential Development may be denied if the Planning and or Public Works Director makes written findings, based on a preponderance of evidence, that the proposed project would have a specific, adverse impact on public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was determined to be complete, as specified in Government Code section 65589.5(d)(2).

17.158.020 Urban lot splits
The following shall apply to Urban Lot Splits proposed pursuant to the requirements of Government Code section 66411.7.

A. Purpose & Applicability. It is the intent of these regulations to support Urban Lot Splits to accommodate the construction of Two Dwelling Residential Developments on parcels zoned Old Town Historic (H) and Single Family Residential (RS).

B. Land Use, Zoning, & Density

1. Land Use. Parcels created by an Urban Lot Split shall only be developed with and used for Two Dwelling Residential Developments and accessory residential purposes pursuant to the standards and requirements of Section 17.158.010 of this code.

2. Zoning. Urban Lot Splits shall only be permitted for parcels zoned Old Town Historic (H) and Single Family Residential (RS).

3. Density. Urban Lot Splits are not subject to the density requirements of the General Plan or this code or to the maximum density or unit count stipulated in an any master plan and/or precise development plan applicable to properties zoned Old Town Historic (H) and Single Family Residential (RS).

C. Definitions
The definitions below shall apply to this section only.

1. “Dwelling Unit(s)” has the same meaning as defined in Section 17.236.010 of this code.

2. “Nonconforming Zoning Condition” means a physical improvement on a property that does not conform with current zoning standards.

3. “Parcel Map” has the same meaning as defined in Section 16.08.010 of this code.

4. “Tentative Map” has the same meaning as defined in Section 16.08.010 of this code.

5. “Two Dwelling Residential Development” has the same meaning as defined in Section 17.158.010 of this code.

6. “Urban Lot Split” means a subdivision involving the division of an existing parcel into no more than two parcels and created under this section.

D. Parcel Map & Application Requirements

1. Parcel Map Required. An Urban Lot Split shall require the submittal of an application for a Parcel Map prepared in accordance with the provisions of the Subdivision Map Act (Government Code section 66410 et seq.) and Title 16 of this code.

2. Application Submittal Requirements. The submittal requirements for a Parcel Map to permit an Urban Lot Split shall be established by separate policy published by the Public Works Director and/or the Planning Officer.

E. Review Procedures, Notice, Action, Time Limit & Extension

1. Completeness Review. The Public Works Director or the Planning Officer or their designees shall determine whether the Parcel Map application for an Urban Lot Split is complete pursuant to the requirements of Government Code section 65943.

2. Objective Standard Consistency. The Public Works Director and/or the Planning Officer or their designees shall provide an applicant for an Urban Lot Split with written documentation identifying any inconsistencies with the Objective Standards applicable to the Urban Lot Split within 30-days of the application being determined to be complete.

4. Ministerial Action. The Planning Officer or designee shall render a ministerial decision without a public hearing on a Parcel Map application for an Urban Lot Split but not prior to conclusion of the courtesy noticing period.

The Planning Officer’s action to approve or deny a Parcel Map for an Urban Lot Split is final and not subject to appeal.

5. Building Permit Issuance. A building permit for development on an Urban Lot Split shall not be issued until after the Parcel Map is recorded with the County Recorder’s Office.

6. Denial if Impacts. The application for an Urban Lot Split may be denied if the Public Works Director and/or the Planning Officer makes written findings, based on a preponderance of evidence, that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).

7. Time Limit & Extension. A Tentative Map approved pursuant to this section that is not recorded with the County recorded as a Parcel Map within 24- months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the Public Works Director and/or the Planning Officer or their designees.

F. Parcel Eligibility. An Urban Lot Split shall be allowed on parcels located in the zones listed under subsection A. above, except where:

1. The subject parcel meets one or more of the criteria specified in Government Code Section 65913.4(a)(6)(B) through (K);

3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town or county landmark or historic property or district pursuant to a Town or county ordinance.

4. The subject parcel was established through prior exercise of an Urban Lot Split pursuant to Government Code section 66411.7 and/or this section.

5. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in Government Code Section 66411.7
G. Demolition & Alteration of Existing Structures
An Urban Lot Split shall not require the demolition or alteration of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or

3. Housing that has been occupied by a tenant in the last three years.

H. Subdivision Regulations. An Urban Lot Split shall be subject to all objective subdivision standards in this code.

I. Development Standards. An Urban Lot Split shall be subject to all objective development standards in this code.

J. Minimum Parcel Size. An Urban Lot Split shall result in two parcels of a minimum gross area of 60% and 40% of the area of the original parcel being subdivided.

However, in no instance shall a resulting parcel be less than 1,200 square feet in gross area.

K. Minimum Number of Dwelling Units Required. A minimum of two Dwelling Units shall be proposed on each parcel created through an Urban Lot Split.

L. Maximum Number of Dwelling Units Permitted. A maximum of two Dwelling Units shall be permitted on each parcel created by an Urban Lot Split. The units may consist of a Single-Family Dwelling paired with an accessory dwelling unit, a Single-Family Dwelling combined with a junior accessory dwelling unit, two detached dwellings, or a single structure divided into two dwelling units and located on a single parcel as regulated under Section 17.158.010 of this code.

M. Owner Occupancy Required.

1. The owner of a parcel being subdivided pursuant to Government Code 66411.7 shall occupy one of the housing units existing or constructed on one of the parcels created by the Urban Lot Split as their principal residence for a minimum of three years from the date of approval of the Urban Lot Split.

2. The owner shall sign an affidavit stating their intent to occupy one of the housing units existing or constructed in the development as their principal residence for a minimum of three years from the date of approval of an Urban Lot Split.

N. Minimum Rental Period. Any Dwelling Unit located on a parcel created via an Urban Lot Split that is offered for rent shall not be rented for a period of less than 30-days and, if rented, shall comply with Chapter 8.08 of this code.

O. Nonconforming Zoning Conditions. The approval of an Urban Lot Split shall not be contingent on the correction of any existing Nonconforming Zoning Condition.

P. Separate Sale or Conveyance. The Dwelling Units on parcels created through an Urban Lot Split may be separately sold or conveyed. Accordingly, the Dwelling Units proposed on such parcels shall be designed to allow separate conveyance.

Q. Building Code. All local and state building code provisions applicable to Dwelling Units shall apply to Two Dwelling Residential Developments. A Two Dwelling Residential Development shall meet all state and local building code provisions necessary to accommodate separate conveyance of the subject dwelling units.

R. Effect of Other Ordinances, Policies, & Regulations. Urban lot Splits shall comply with all applicable ordinances, policies, and regulations of the Town including, but not limited to, this code. Accordingly, an applicant for an Urban Lot Split is not entitled to lot configuration in any form of their choosing, but rather must accept the configuration meeting all such standards. If no configuration of an Urban Lot Split can conform to all applicable ordinances, policies, and regulations of the Town including, but not limited to, this code, then a property owner shall be entitled to an Urban Lot Split in the form that most substantially complies with applicable ordinances, policies, and regulations.

S. Access to Public Right-of-Way. All parcels created through an Urban Lot Split shall have access to, provide access to, or adjoin the public right-of-way. If needed, such access shall be delineated, defined, and recorded as an irrevocable easement to guarantee access crossing another parcel subject to the Urban Lot Split.

T. Easements Required. Easements shall be required to ensure the provision of public services and facilities to support a Two Dwelling Residential Development constructed on the parcels created through an Urban Lot Split and where such services and facilities are necessary to support existing development.

U. Two Dwelling Residential Development. Parcels created through an Urban Lot Split shall only be available for development with a Two Dwelling Residential Development subject to the requirements of Section 17.158.010 of this code.

V. Preemption. In the event of an inconsistency between the provisions of this section and Government Code section 66411.7, Government Code Section 66411.7 shall prevail.

17.158.030 Cost recovery agreement, deposits, and fees
Applications for a Two Dwelling Unit Permit and/or an Urban Lot Split shall be accompanied by an executed cost recovery agreement and deposits and fees required for such permits.

SECTION 2. CEQA. This Ordinance is statutorily exempt from the requirements of the CEQA pursuant to Government Code sections 65852.21(j) and 66411.7(n); SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

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 19th day of July, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7K
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Second Reading and Adoption of Ordinance Number 22-511 An Ordinance of the Town Council of the Town of Yountville, California Adding Chapter 17.162 to Title 17 of the Yountville Municipal Code Regarding Small Home Lot Developments.

This proposed addition to the Zoning Ordinance is in response to Assembly Bill 803 (“AB 803”), which became effective January 1,2022 to allow development of Small Home Lot Developments within the Town. If AB 803 is no longer in effect, this chapter will be repealed. This request to include this chapter as part of the amendments is to establish objective standards resulting from the implementation of AB 803.

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? Discretionary
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. By adopted development standards for Small Home Lot Developments it will ensure orderly development of small home lot developments.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 22-511 An Ordinance of the Town Council of the Town of Yountville, California Adding Chapter 17.162 to Title 17 of the Yountville Municipal Code Regarding Small Home Lot Developments.

Town of Yountville
Ordinance Number 22-511

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE, CALIFORNIA ADDING CHAPTER 17.162 TO TITLE 17 OF THE YOUNTVILLE

MUNICIPAL CODE REGARDING SMALL HOME LOT DEVELOPMENTS
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE ADDITION: Chapter 17.162 of Title 17 of the Yountville Municipal Code is hereby added to read as follows:

Chapter 17.158 – SMALL HOME LOT DEVELOPMENTS

17.162.010 Purpose and intent

17.162.020 Eligibility

17.162.030 Pre-application review

17.162.040 Application

17.162.050 Development standards

17.162.060 Historic preservation

17.162.070 Tree preservation

17.162.080 Application review & findings

17.162.090 Conditions of approval

17.162.010 Purpose and intent
The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels and development of qualified residential units as authorized under Government Code section 66499.40, which was adopted into law by Assembly Bill No. 803, effective January 1, 2022 (“AB 803”), for the following purpose:

A. For the proper development of Small Home Lot Developments within the Town, taking care that these developments are properly sited and adhere to the Town’s tree preservation and historic preservation ordinances, such that these developments are desirable to the community.

B. If AB 803, as amended or renumbered from time to time, is ever repealed, deemed unconstitutional by a court of competent jurisdiction, or otherwise no longer in effect, this chapter shall be automatically repealed.

17.162.020 Eligibility
A. Under Government Code section 66499.40(b)(1), only parcels zoned for multifamily residential development are eligible for Small Home Lot Development permits, including parcels located in the following zones:

1. RM Mixed Residential;

2. H Old Town Historic;

3. MPR Master Planned Residential; and

4. PD Planned Development.

B. An applicant for a Small Home Lot Development permit must meet the following criteria:

1. The proposed project is for single-family housing units on fee simple ownership lots.

2. Residential properties within a radius of 500 feet of the site must be zoned for less than 30 dwelling units per acre.

3. The proposed site is not identified in the housing element pursuant to Government Code Sections 65583 and 65583.2 as a site to accommodate any portion of the jurisdiction’s regional housing need for low-income or very lowincome households.

C. A Small Home Lot Development permit is not available for any parcel where the permit would require the demolition or alteration of any of the following types of housing

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the development proponent submits an application.

4. Housing that has been occupied by a tenant in the last seven years.

17.162.030 Pre-application review
Prior to filing an application, a potential applicant shall meet with the Planning Officer or her or his designee to discuss the application process, subdivision and project design, and the need for supplemental information.

17.162.040 Application
A. The applicant shall submit a Small Home Lot Development application in a form approved by the Planning Officer.

B. All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board.

C. The applicant shall pay all impact fees, filing fees, and deposits as prescribed by resolution adopted by the Town Council.

17.158.050 Development standards
A. Building and Design Standards

1. All dwelling units shall have consistent exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2. Roof decks are prohibited.

3. All dwelling units shall install a new or separate utility connection.

4. All electrical and utility services shall be undergrounded.

5. If an adjoining property installed a solar energy system, the applicant shall submit a shadow study prepared by an engineer licensed by the Board of Professional Engineers, land Surveyors, and Geologists or by an architect licensed by the California Architects Board. The shadow of any proposed development shall not cover more than ten percent (10%) of the area of any solar energy system on any adjoining property.

B. Density Standards. The development shall result in at least as many units as the maximum allowable residential density allowed under the General Plan and this code.

C. Fire Safety Standards.

1. All new dwelling units shall comply with Chapters 15.32 and 8.16 of this code.

2. Where two dwelling units are configured as sharing a common wall, a onehour fire wall between the units is required.

3. All new dwelling units shall comply with Section 15.32.020 (Section 903.2 added -- Automatic fire sprinkler system) and have fire sprinklers.

4. All new dwelling units shall use fire-resistant building materials. The Planning Officer shall determine which materials qualify as fire-resistant.

5. All new dwelling units shall comply with Section 15.32.030 (Section 4907 Defensible Space) and maintain defensible space around the units.

D. Floor Area Standards.

1. The average total floor area shall not exceed 1,750 square feet.

2. The minimum floor area permitted for each dwelling unit is 800 square feet.

E. Height Standards. All new dwelling units shall comply with the height standards in the underlying zone in which the parcel is located.

F. Lot Coverage Standards. The maximum lot coverage percentage shall be no greater than 60%. Lot coverage percentage means the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor.

G. Lot Size Standards. The maximum lot size shall not exceed 5 acres.

H. Open Space Standards. All new dwelling units shall comply with the open space standards in the zone in which the parcel is located.

I. Parking Standards. All new dwelling units shall comply with the parking standards in the underlying zone in which the parcel is located, except that the required parking need not be enclosed or covered.

J. Subdivision Standards. The Small Home Lot Development shall comply with all objective standards in the Subdivision Map Act (Government Code section 66410 et seq.) and Title 16 of this code including, but not limited to, submission of a tentative subdivision map.

K. Setback Standards

1. All new dwelling units shall comply with the front, side, and rear setbacks in the underlying zone in which the parcel is located.

2. No setback is required between units, except as required by the California Building Code.

3. Architectural features, such as eaves, awnings, sills, cornices, and chimneys, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design and the California Building Code.

17.162.060 Historic preservation
A. If a project proposes to demolish a structure and the structure is of the type protected under Section 15.28.010 of this code, the applicant will prepare a (i) written historic assessment or survey prepared by a qualified architectural historian certified by the Secretary of the Interior's standards from the list of qualified consultants on file with the planning and community preservation department which concludes that the property proposed to be demolished is not classified under the California Historic Resource Codes 1 to 5 - eligible for local listing or designation, or a contributor to an existing or potential district; and (ii) an application for replacement development project consistent with the standards and requirements of the applicable zoning district; and (iii) an affidavit of posting of a sign at least three feet by four feet in size, located in a conspicuous place on the property abutting a public street or alley, identifying the property as the subject of an application for a demolition permit. Both the discretionary demolition permit and the application for the replacement development project shall be reviewed concurrently and no discretionary demolition permit shall be approved unless and until the replacement development project is approved. The reviewing body for a demolition permit shall be the same body or individual that would review and approve the accompanying replacement development project.

B. All historic assessments or surveys shall be prepared in the form of State of California Department of Parks and Recreation Series 523 Forms and shall further report a status code of eligibility as a historic resource according to the California Office of Historic Preservation.

C. When a historic assessment or survey results in a status code of categories one through five, inclusive, the applicant is required to obtain a Historic Resource Design Review prepared by a historian certified by the Secretary of Interior Professional Qualification Standards for the treatment of historic properties selected at the discretion of the Planning Officer. The Historic Resource Design Review will list measures to mitigate the harmful impact of the proposed project on the historic structure and those mitigation measures will be made a condition of approval of the Small Home Lot Development permit.

D. When a historic assessment or survey results in a status code of category six, an applicant may proceed in accordance with this chapter.

E. When a historic assessment or survey results in a status code of category seven, the property shall be reevaluated according to the missing criteria identified in such report; the application shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.

17.162.070 Tree preservation
A. Development of small lot home developments must comply with Chapter 12.16 (Trees) and Section 17.128 (Tree Preservation and Management).

17.162.080 Application review & findings
A. Preliminary Design Review.

1. Upon submission of a complete application, the Planning Officer will schedule a preliminary design review hearing before the Zoning and Design Review Board.

2. Public notice of an application shall be provided by the Town in a manner deemed reasonable in the sole discretion of the Planning Officer.

3. The Zoning and Design Review Board shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors, and overall design to encourage the Small Home Lot Development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.

B. In order to grant a Small Home Lot Development permit, the Planning Officer must find that the proposed project:

1. Complies with all provisions of this chapter.

2. Complies with all objective General Plan, Zoning Code, subdivision, and design standards;

3. Complies with all provisions of state law; and

4. The building official has not made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).

17.162.090 Conditions of approval
A. Upon issuance of a Small Home Lot Development permit, the applicant shall sign and record a covenant stating the following:

1. The applicant will comply with the provisions of this chapter.

2. The applicant will comply with all mitigation measures as provided in the Historic Resource Design Review, as applicable, under Section 17.162.060 of this code.

SECTION 2. CEQA: This Ordinance is not subject to CEQA pursuant to CEQA guidelines sections 15061(b)(3), 15301 (Existing Facilities), 15302 ( Replacement or Reconstruction), 15305 (Minor Alterations in Land Use Limitations), and 15322 ( In-Fill Development Projects).

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portionof 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.

INTRODUCED by the Town Council at a regular meeting held on the 19th day of July, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7L
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Second Reading and Adoption of Ordinance Number 22-512 an Ordinance of the Town Council of the Town of Yountville Amending Section 17.80.020 of Chapter 17.80 of the Yountville Municipal Code Regarding the Affordable Housing Overlay.

DISCUSSION/BACKGROUND
At the July 19, 2022 meeting, the Town Council introduced and held a first reading of this Ordinance. This is the second reading and, if adopted, the Ordinance will take effect in 30 days. The Ordinance would amend the Affordable Housing overlay to require the construction of 3.5 housing units per gross acre for low-income households.

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? Discretionary
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. Including affordable housing with any master development plan will support a higher qualify of life.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 22-512 an Ordinance of the Town Council of the Town of Yountville Amending Section 17.80.020 of Chapter 17.80 of the Yountville Municipal Code Regarding the Affordable Housing Overlay.

Town of Yountville
Ordinance Number 22-512

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING SECTION 17.80.020 OF CHAPTER 17.80 OF THE YOUNTVILLE

MUNICIPAL CODE REGARDING AFFORDABLE HOUSING OVERLAY
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. CODE AMENDMENT: Section 17.80.020 of Chapter 17.80 of Division 2 of Title 17 of the Yountville Municipal Code is hereby repealed and replaced to read as follows:

17.80.020 General Conditions.

A. An AHO, Affordable Housing Overlay, may be applied to all or a portion of a site that is deemed suitable by the Town Council for the development of affordable housing.

B. The Town Council may approve the following densities, as an alternative to those allowed under Section 17.160.030 of this title for projects with an Affordable Housing Overlay proposing to construct 10 or more dwelling units of which 25% or more will be reserved for lower-income households and will be rented or sold at levels that do not exceed 80% of area median income:

Minimum Percent Affordable Density Bonus
25% 100%
40% 110%
55% 120%
70% 130%
85% 140%
100% 150%
C. Calculation of Density Bonus.

1. The density bonus units shall not be included when determining the number of housing units that are to be affordable.

2. For purposes of calculating a density bonus, a fraction of a unit shall be rounded up to the nearest whole unit.

D. Additional Incentives and Concessions. The Town may provide incentives and concessions to projects on sites designated AHO that qualify for a town density bonus in order to make such units economically feasible. Possible assistance includes the following:

1. Direct financial aid (e.g., Housing Opportunity Fund, Community Development Block Grant funding) in the form of a loan or a grant to subsidize or provide lowinterest financing for on- or off-site improvements, land purchase, or construction costs;

2. Waived, reduced or deferred building permit and/or development impact fees;

3. Priority consideration during the review process; or

4. Concessions or waivers from development regulations in accordance with the provisions of California Government Code Sections 65915 through 65918 (State Density Bonus Law).

5. A request for approval of incentives and/or concessions pursuant to this subsection shall be made along with applicable related planning application requests for the project as regulated by Division 5 of Title 17.

E. AHO, Affordable Housing Overlay. When the AHO, Affordable Housing Overlay is applied to all or any portion of a site with land use designation PC, Primary Commercial, and new development is proposed for which a Master Development Plan pursuant to Chapter 17.192 of Title 17 is required, the Master Development Plan shall require construction of 3.5 affordable housing units per gross acre for lowincome households either on site or on an off-site location not already designated for such in the Housing Element. This requirement shall be accompanied by and may be adjusted in accordance with a nexus study demonstrating the need therefor.

SECTION 2. CEQA: This Ordinance is exempt from CEQA under 14 CCR section 15061, subdivision (b)(3) because CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition and without limiting the foregoing, any future project subject to the revisions in this Ordinance will undergo independent and separate environmental review under CEQA.

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

INTRODUCED by the Town Council at a regular meeting held on the 19th day of July, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 2nd day of August2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez
Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7M
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Second Reading and Adoption of Ordinance Number 22-513, An Ordinance of the Town Council of The Town pf Yountville Adding Chapter 17.26 To The Yountville Municipal Code Establishing The RM-2, Mixed Residential2 Land Use Designation And Amending Section 17.08.050 of the Yountville Municipal Code Related to Land Use Designations.

DISCUSSION/BACKGROUND
At the July 19, 2022 meeting, the Town Council introduced and held a first reading of this Ordinance. This is the second reading and, if adopted, the Ordinance will take effect in 30 days. The Ordinance establishes the RM-2, Mixed Residential-2 Land Use Designation and amends Section 17.08.050 of the Yountville Municipal Code Related to Land Use Designations. This request includes a new Chapter 17.26, which mirrors all aspects of RM besides Section 17.26.050 (Density). RM requires a minimum density of 8 units per acre and a maximum of 10 units per acre. If approved, RM-2 would require a minimum of 10 units per acre and a maximum of 20 units per acre.

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? Discretionary
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. This zoning designation will provide a higher level of density to encourage the feasible development of affordable and workforce housing.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 22-513 An Ordinance of the Town Council of The Town of Yountville Adding Chapter 17.26 To The Yountville Municipal Code Establishing The RM-2, Mixed Residential-2 Land Use Designation And Amending Section 17.08.050 of the Yountville Municipal Code Related to Land Use Designations.

Town of Yountville
Ordinance Number 22-513

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE ADDING CHAPTER 17.26 TO THE YOUNTVILLE MUNICIPAL CODE ESTABLISHING THE RM-2, MIXED RESIDENTIAL-2 LAND USE DESIGNATION AND AMENDING SECTION

17.08.050 OF THE YOUNTVILLE MUNICIPAL CODE RELATED TO LAND USE

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

SECTION 1. CODE ADDITION: Chapter 17.26 of Division 2 of Title 17 of the Yountville Municipal Code is hereby added to read as follows:

Chapter 17.26 – RM-2, MIXED RESIDENTIAL-2

17.26.010 Purpose and application

17.26.020 General conditions

17.26.030 Permitted uses

17.26.040 Uses requiring a use permit

17.26.050 General development standards

17.26.010 Purpose and application
The land use designation RM-2, Mixed Residential-2, is intended to encourage development of a variety of housing types. Specified parcels are indicated on the Zoning Map. The following specific rules and regulations established in this chapter shall apply to such designated lands.

17.26.20 General conditions
The following general conditions apply to all land designated as RM-2, Mixed Residential-2:

A. All new uses and expanded uses listed in Section 17.26.040 of this chapter shall require a use permit as regulated by Chapter 17.200 of this title; subdivision or development of five or more parcels or residential dwelling units shall require approval of a Master Development Plan as regulated by Chapter 17.192 of this title; new or expanded structures or exterior remodeling shall require design review approval as regulated by Chapter 17.188 of this title.

17.26.30 Permitted uses
The following uses shall be permitted within the land use designation RM-2, Mixed Residential-2:

A. Single-family dwelling;
B. Accessory dwelling unit, as regulated by Chapter 17.156 of this title; C. Duplex;
D. Multifamily dwelling;
E. Residential auxiliary structure, as regulated by Chapter 17.112 of this title; F. Residential care facility;
G. Minor home occupations, as regulated by 17.164 of this title; H. Moderate home occupation, as regulated by Chapter 17.164 of this title and subject to issuance of an administrative use permit as regulated by Chapter 17.196 of this title;
I. Small or large family day care homes;
J. Keeping of chickens, as regulated by Chapter 6.04 of this code; K. Keeping of bees, as regulated by Chapter 6.04 of this code; L. Supportive Housing;
M. Transitional housing; and
N. Accessory residential uses.

17.26.040 Uses requiring a use permit
The following new and expanded uses shall require a use permit as regulated by Chapter

17.200 of this title:

A. Major home occupations as regulated by Chapter 17.164 of this title; and B. Any other compatible or appropriate use as determined by the Town Council in its sole discretion.

17.26.050 General development standards
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and maintained in compliance with the requirements of Table 17.26- 1 of this chapter, in addition to the applicable development standards in Divisions 3 and 4 of Title 17.

Table 17.26-1
Development
Standard
Requirement for RM-2 District Additional Regulations
Density 10 units per gross acre minimum and
20 units per gross acre maximum
See Chapter 17.160 for density
bonuses for affordable housing.

See Chapter 17.80 for allowances
under the Affordable Housing
Overlay if applicable.

Lot Size Single-family Dwellings: 6,000 sq. ft.
minimum;
Duplexes: 6,000 sq. ft. minimum;
Multifamily: 6,000 sq. ft. minimum;
See Chapter 17.80 for allowances
under the Affordable Housing
Overlay if applicable.

Lot coverage 60% lot coverage maximum; lot
coverage means the percentage of the
total lot area that is occupied by
buildings or structures that are roofed or
otherwise covered or that are unroofed
and have a finished floor.

Maximum Floor
Area Ratio
(FAR)
Single-family Dwellings: 0.25
Duplexes: 0.40, up to a maximum of
3,200 sq. ft.

Multifamily: 0.40, up to a maximum of
4,000 sq. ft.

See Section 17.100.030 for
exemptions from FAR.

See Section 17.100.040 for FAR
bonus for affordable housing.

See Chapter 17.80 for allowances
under the Affordable Housing
Overlay if applicable.

Minimum
Setbacks
See Chapter 17.108 for allowable
encroachments into setbacks.

Sepp Chapter 17.112 for setbacks
for auxiliary structures.

Front 20 feet See Section 17.208.020 for
exception process to two-story
limit.

See Chapter 17.112 for height
limits for auxiliary structures.

Side 5 feet
Side (street
fronting)
10 feet
Rear 20 feet
Height Limit Single-family dwellings: two stories
maximum, however no more than 50%
of parcels containing single-family
dwelling units in any block are permitted
to exceed one story in height.

Duplexes and Multifamily:

Two stories maximum.

One-story buildings: max. 15 feet to
plate and 20 feet to peak.

Two-story buildings: max. 20 feet to
plate height and 28 feet to peak.

Minimum Open
Space
Single-family dwellings: n/a
Duplexes and Multifamily: 200 sq. ft.
min. private open space directly
accessible to unit.

Second Story units may locate half of
private open space at grade level.

Parking As required by Chapter 17.116, OffStreet Parking and Loading.

SECTION 2. CODE AMENDMENT. Section 17.08.050 of Chapter 17.08 of Division 2 of Title 17 of the Yountville Municipal Code is hereby repealed and replaced to read as follows:

The following land use designations shall apply to all lands within the Town of Yountville:

Map Designation Zoning District Regulations (Chapter)
A Agricultural 17.16
RS Single-Family Residential 17.20
RM Mixed Residential 17.24
RM2 Mixed Residential-2 17.26
H Old Town Historic 17.28
MPR Master Planned Residential 17.32
MHP Mobile Home Park
Residential

17.36 PP Parks and Playfields 17.44
PF Public Facilities 17.48
PC Primary Commercial 17.52
RSC Residential-Scaled 17.56
Commercial
OTC Old Town Commercial 17.60
RC Retained Commercial 17.64
PD Planned Development 17.68
SECTION 3. CEQA: Revisions to the Yountville Zoning Ordinance, which are contained in this Ordinance, were contemplated in the General Plan EIR (SCH# 2018082008). This Ordinance is consistent with the General Plan land use designations, and with the Yountville Municipal Code, as it is a refinement of the existing RM Zone District that applies specifically to affordable housing. As such, pursuant to Section 15183 of the California Environmental Quality Act (CEQA) guidelines, there is nothing peculiar to the project that would require additional environmental analysis. Therefore, the proposed project is considered within the General Plan EIR, and the Notice of Determination (NOD) filed for the EIR.

SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portionof 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 5. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

SECTION 6. INCONSISTENT PROVISIONS. Any provision of the Yountville Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 7. 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 19th day of July, 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John F. Dunbar, Mayor
ATTEST:

Eddy Gomez
Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7N
Yountville Town Council Staff Report
DATE: August 2, 2022
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

Second Reading and Adoption of Ordinance Number 22-514, An Ordinance of the Town Council Of The Town Of Yountville, California Adopting An Amendment To The Yountville Zoning Map To Change The Zoning District From Mixed Residential (RM) To Mixed Residential-2 (RM-2) Of An Approximate 16.8-Acre Site Located On The Town’s Southeast Boundary (APN 036-090-002) East of Washington Street and North of Land Lane.

16.8 parcel located on the southeast boundary of the Town (APN 036-090-002), commonly known as the Catholic Church Property from RM-AHO to RM2. This parcel is our primary location to meet the Town’s Regional Housing Needs Allocation (“RHNA”) and this request to rezone to RM-2 is a pre-requisite for the forthcoming Housing Element Update. This rezone and Zoning Map amendment is to allow up to 20 units per acre as a permitted use in the RM-2 zone. This supports and is required for this parcel to be included in the Housing Element Update.

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? Discretionary
Is there a Staff Resource Impact? Nominal

Briefly Explain Relationship to Strategic Plan Goal and Objective. By rezoning this parcel it will be more appealing for developers to construct market and workforce housing creating a higher qualify of life for the residents.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 22-514, An Ordinance of the Town Council Of The Town Of Yountville, California Adopting An Amendment To The Yountville Zoning Map To Change The Zoning District From Mixed Residential (RM) To Mixed Residential-2 (RM-2) Of An Approximate 16.8-Acre Site Located On The Town’s Southeast Boundary (APN 036-090-002) East of Washington Street and North of Land Lane.

Town of Yountville
Ordinance Number 22-514

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE,

CALIFORNIA ADOPTING AN AMENDMENT TO THE YOUNTVILLE ZONING MAP TO

CHANGE THE ZONING DISTRICT FROM MIXED RESIDENTIAL WITH AN AFFORDABLE HOUSING OVERLAY (RM-AHO) \TO MIXED RESIDENTIAL-2 (RM-2) WITHOUT AN– AFFORDABLE HOUSING OVERLAY FOR AN APPROXIMATE 16.8- ACRE SITE LOCATED ON THE TOWN’S SOUTHEAST BOUNDARY (APN 036-090- 002) EAST OF WASHINGTON STREET AND NORTH OF LAND LANE

RECITALS
WHEREAS, Government Code section 65850 authorizes the Town Council to amend a zoning ordinance to change any property from one zone to another and Government Code sections 65853 through 65857 provide procedures therefor; and WHEREAS, Yountville Municipal Code Chapter 17.184 authorizes the Town Council to approve an amendment of the Zoning Map or Zoning Ordinance whenever the public necessity, convenience, or general welfare require such amendment and contains procedures therefor; and
WHEREAS, the Town Council adopted thee 2019 Envision Yountville General Plan which establishes various goals, policies, and programs to manage the Town’s growth to ensure orderly development and maintain community character (the “General Plan”); and
WHEREAS, the Town Planning Officer/Director applied to amend the Zoning Map from Mixed Residential (RM) to Mixed Residential-2 (RM-2) on an approximate 16.8-acre site located east of Washington Street and north of Land Lane along the Town’s southeast boundary, identified as Assessor’s Parcel Number (APN) 036-090- 002 (the “Subject Parcel”) (the “Proposed Zoning Amendment”); and
WHEREAS, as required by Government Code section 65854 and Yountville Municipal Code section 17.184.050, the Zoning and Design Review Board (“ZDRB”) held a duly noticed public hearing on June 28, 2022, to discuss and receive evidence regarding the Proposed Zoning Amendment; and
WHEREAS, the ZDRB determined the Proposed Zoning Amendment met the requirements for re-zoning as proposed and contributed to the Town’s required Regional Housing Needs Allocation (RHNA), consistent with the General Plan, and recommended adoption by the Town Council with the additional removal of the Affordable Housing Overlay (AHO) from the Subject Parcel (the “Zoning Amendment”).

NOW, THEREFORE BE IT RESOLVED the Town Council of the Town of Yountville finds as follows:

SECTION 1. RECITALS: The Town Council finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. RECORD OF PROCEEDINGS: The Record of Proceedings (“Record”) upon which the Town Council bases its decision includes but is not limited to: (1) the staff reports, Town files and records, and other documents prepared for and/or submitted to the ZDRB and/or Town Council relating to the Zoning Amendment; (2) the evidence, facts, findings, and other determinations set forth in this ordinance; (3) the 2019 Envision Yountville General Plan and its related FEIR, and the Yountville Municipal Code; (4) all designs, plans, studies, data, and correspondence submitted to the ZDRB and/or Town Council in connection with the Zoning Amendment; (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the ZDRB and/or Town Council relating to the Zoning Amendment; and (6) all other matters of common knowledge to the Town Council including, but not limited to, Town, state, and federal laws, policies, regulations, reports, records, and projections related to development within the Town of Yountville and its surrounding areas.

The location and custodian of the Record is the Yountville Planning & Building Department, 6550 Yount Street, Yountville, California 94599.

SECTION 3. FINDINGS: The Town Council hereby makes the following findings for the Zoning Amendment as required by Yountville Municipal Code section 17.184.060(A):

A. The Zoning Amendment furthers the goals, objectives, policies, and programs and is consistent with the intent of the General Plan.

Facts in Support: The Subject Parcel is assigned the Mixed Residential with an Affordable Housing Overlay (RM-AHO) land use designation of the 2019 Envision Yountville General Plan. The General Plan RM land use designation is intended to encourage development of a variety of housing and ownership types, including singlefamily and multifamily dwellings, and related residential uses, and includes a density of up to 25 units per acre. The proposed rezone, which would change the zoning from RMAHO to Mixed Residential-2 (RM-2) without an Affordable Housing Overlay (AHO), would be consistent with the RM General Plan Land Use designation. The Zoning Amendment would not conflict with any goal, objective, policy, or program of the Yountville General Plan. As set forth in Exhibit B, attached hereto and incorporated herein by reference, the Zoning Amendment would be consistent with and further applicable policies of the General Plan. Based on these observations, the Zoning Amendment is considered to be internally consistent with the General Plan.

B. The Zoning Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the Town.

Facts in Support: Town of Yountville Planning staff and the Zoning and Design Review Board (ZDRB) have reviewed the Zoning Amendment and did not identify any aspects of the Zoning Amendment that would be detrimental to the public interest, health, safety, convenience, or welfare of the Town.

C. The site is physically suitable, including consideration of physical constraints, access, compatibility with surrounding land uses, and provisions of utilities, for the requested land use.

Facts in Support: The Zoning Amendment was reviewed for suitability regarding physical constraints, access, compatibility with adjoining land uses, and provisions of utilities. The proposed rezone to the RM-2 zoning district is compatible with the surrounding land uses and the current RM General Plan land use designation applicable to the Subject Parcel.

The proposed rezone from RM-AHO to RM-2 without an AHO will not change the allowable intensity of development or residential land uses at the site because the RM General Plan land use designation allows up to 25 units per gross acre with and between 10 and 20 dwelling units per gross acre. Additional units may be allowed with a state density bonus.

The Subject Parcel currently has a land use designation of Mixed Residential with an Affordable Housing Overlay (RM-AHO) and is located along the southern boundary of the Town. To the west of the Subject Parcel, the land is zoned parks and playfields. To the west of the parks and playfields land is State Highway 29. There are planned development and mobile home uses to the north of the Subject Parcel and public facilities to the east.

The southernly-adjacent property outside of the Town border is within the unincorporated Napa County and is zoned for agricultural and residential use. The uses allowed with the proposed RM-2 zoning are not inconsistent with the existing surrounding land uses within the Town boundaries and areas of residential use are commonly assigned near one another and near parks and playfields.

The FEIR for the 2019 General Plan analyzed the Zoning Amendment at issue herein.

The FEIR analysis determined that although there are significant and unavoidable impacts within the General Plan Mixed Residential Land Use designation, the proposed land use change to increase the permitted density in the Zoning Amendment would bring the potential development densities and intensities compatible with the General Plan Mixed Residential Land Use designation. The General Plan Mixed Residential land use designation allows development of up to 25 units per gross acre. The re-zoning to RM-2 would also allow the maximum units to 20 units per gross acre, unless a state density bonus is applied, which is consistent with the General Plan. Further, the RM-2 zone allows all the same uses already analyzed in the FEIR with the densities allowed in the General Plan. Stated differently, all the proposed changes in this Zoning Amendment are consistent and therefore have already been analyzed in the General Plan and the FEIR which adopted it.

Based on the facts discussed above, the Subject Parcel is considered to be physically suitable to support mixed residential development of 20 units per acre.

SECTION 4. USE OF ZONING MAP: Town Staff is authorized and directed to use this Zoning Amendment for all purposes for which the Zoning Map may be used for Town purposes.

SECTION 5. ZONING MAP CONSISTENCY: Town staff is authorized and directed to update the Zoning Map to be consistent with the adoption of the Affordable Housing Overlay Ordinance, adopted on August 3, 2004, as Ordinance No. 344-04.

SECTION 6. APPROVAL OF ZONING AMENDMENT: The Town Council hereby approves the Zoning Amendment, as depicted in Exhibit A, attached hereto and incorporated herein by reference, based on the findings set forth above, and as set forth in Exhibit B, attached hereto and incorporated herein by reference, to amend the Zoning Map from RM-AHO to RM-2, at the Subject Parcel identified as APN 036-090-002.

SECTION 7. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for may reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

SECTION 8. EFFECTIVE DATE: This ordinance shall become effective 30 days after the date of its passage and adoption.

SECTION 9. 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 19th day of July 2022.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_____________________
John F. Dunbar, Mayor
________________________
Eddy Gomez, Town Clerk
APPROVED AS TO FORM:
________________________
Gary B. Bell, Town Attorney
Attachments
Exhibit A – Zoning Map Amendment, APN 036-090-002
Exhibit B – 2019 Envision Yountville General Plan Consistency Findings Exhibit A
Zoning Map Amendment, APN 036-090-002
283738.v6 V8 – KS comments 07.1.22
Presented to Town Council 07/19/2022 Ord. 2022

Page 8 of 11 ends

Yountville City CouncilAugust 2, 2022

Yountville City Council
August 2, 2022