Agenda packet — Yountville City Council, January 17, 2023

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, January 17, 2023
3:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
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 Chamberslocatedat6550YountStreetYountvilleCalifornia94599 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.

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 two different ways:

Via the Town’s Streaming Media Player at www.townofyountville.com/livevideo.

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 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

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 blit@illtiliithShBbblftilddiththltid
ygyg
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

Members of the public may also submit Public Comment on matters not on the agenda via email at [email protected] or 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.

A. Public Comment Received

7. CONSENT CALENDAR
A. Second reading and Adoption of Ordinance Number 23517 an Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units
B. Adopt Resolution Number 234173 Approving an Amendment to Maintenance Agreement #2021 720 with A Plus Tree, Inc. increasing the contract amount for Urban Forest Management Services for the Town of Yountville.

C. Monthly Financial Report for December 2022

8. COUNCIL MEMBER APPLICANT INTERVIEWS AND APPOINTMENT
A. Conduct Applicant Interviews to Consider the Appointment of a Qualified Elector to the Currently Vacant Town Council Seat.

B. Public Comment Regarding Applicant Interviews.

C. Discussion and possible action regarding appointment to the currently vacant Council seat D. Consider Administering Oath of Office to a Potentially Appointed Council Member.

9. PRESENTATIONS
A. MCE Presentation from Dave Garti, Community Development Manager B. Yountville Arts Quarterly Report October 1 – December 31, 2022

10. PUBLIC HEARINGS NONE

11. ADMINISTRATIVE / REGULAR ITEMS
A. Discussion and direction regarding the Appointment of a Council Member or MCE Clean Energy Napa County Representative Supervisor Ryan Gregory to represent the Cities and Town on the MarinCleanEnergBoardofDirectors

10. PUBLIC HEARINGS NONE

B. Consider Adoption of Resolution Number 234174 Approving the Placement of a Memorial Bench dedicated to Michael Leonardi in Yountville Community Park as Part of the Town’s Dedication and Memorial Program.

12. STAFF INFORMATIONAL REPORTS
A. Water Conservation Update
B. Town Attorney Legislative Update.

C. Town Manager Recruitment Update

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

14. CLOSED SESSION NONE

15. ADJOURNMENT
Adjourn to the Town Council Regular Meeting on Tuesday, February 6, 2023 at 3:00 p.m. being held in Town Council Chambers located at 6550 Yount St.

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. /s/Eddy Gomez, Town Clerk
From: Will Hays
To: Public Comment
Subject: [EXTERNAL] COMMENT TO COUNCIL regarding ADA parking Date: Monday, January 16, 2023 9:31:28 AM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Mr. Rogers,
I live in Washington Park. I fully support Yountville’s commitment to increase accessibility. I also share with many neighbors concern for the impact these projects may have on the aesthetics and functionality of neighborhoods. This is particularly so regarding Three Weirs Park.

I’m interested in identifying strategies that meet both the need for access and aesthetics.

With that in mind, there are three aspects of the ADA parking that I’d like to better understand:

1. The rationale for ADA parking at Three Weirs Park.

2. Whether alternatives exist that might better meet both legal requirements and the interests and needs of the community.

3. The process the town uses to invite and evaluate design suggestions from the public.

I’m hoping you would be willing to help me by responding to the following questions:

1. If ADA parking at Three Weirs Park is required by law, is it because parking already exists there? Or is it because it's a public park (regardless of whether contiguous parking exists)? In other words, if a public park exists, but no parking is available at that park, is there a requirement to install ADA parking?

2. If the raised shoulder that currently exists along the front of Three Weirs Park were to be reconfigured in its entirety into a conventional sidewalk with curb (eliminating parking in front of the park) would that obviate the legal requirement to install ADA parking at the park?

3. In lieu of the current design, which lays the wheelchair-accessible path to the Hopper Creek Path right through the park, could the existing raised shoulder be replaced by a conventional sidewalk that serves as a wheelchair-accessible path to the Hopper Creek Path?

4.     Is the primary motivation for ADA parking at Three Weirs Park access to:
a.     Hopper Creek Path? If so, why wouldn't that be more effectively and less obtrusively accomplished by ADA parking at one or both ends of the path, i.e., at Finnell Rd and/or Yount St?
b.     Three Weirs Park itself? If so, how would you address concerns that, given the small size of the park, the proposed ADA parking design is certain to have an inordinate impact on the aesthetic, ambience, and functionality of the park and neighborhood?

5. Is there a process in place to actively solicit and evaluate design suggestions from community members? (In addition to the existing process to solicit community input on professionally prepared designs.)
Looking forward to hearing from you,
Will Hays
1 Redwood Drive
Yountville, CA 94599
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Ken MacNab, Planning & Building Director
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Second reading and Adoption of Ordinance Number 23-517 an Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units

DISCUSSION/BACKGROUND
At the January 3, 2023 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 Amends Chapter

17.156 of the Yountville Municipal Code Regarding Accessory Dwelling 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? Mandatory
Is there a Staff Resource Impact? No

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Visionary Leadership: The Town's leadership maintains an openminded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. By updating the Yountville Municipal Code, the quality of life of Yountville residents and businesses will be maintained.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 23-517 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 23-[XXXX]

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 17.156.030 of Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

17.156.030 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 (Master Planned Residential), and PD (Planned Development).
(2) Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in the MHP (Mobile Home Park), 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. (5) If an existing multifamily dwelling has a rear or side setback of less than four feet, the Town shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an Accessory Dwelling Unit that satisfies the requirements of this subparagraph.

G. Height Limits.
(1) Accessory Dwelling Units shall not exceed:
i. 16 feet in height measured to top of parapet or pitched roof on a lot with an existing or proposed single family or multifamily dwelling unit; ii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed under this subparagraph to accommodate a roof pitch on the Accessory Dwelling Unit that is aligned with the roof pitch of the primary dwelling unit.
iii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed multifamily, multistory dwelling. iv. 25 feet in height or the otherwise applicable height limitation under Title 17 that applies to the primary dwelling, whichever is lower, for an Accessory Dwelling Unit that is attached to a primary dwelling. v. 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.
vi. When a permit application for an Accessory dwelling Unit is submitted with a permit application to create a new single family dwelling or a new multifamily dwelling on the same lot, provided the Accessory Dwelling Unit or the parcel satisfies all other criteria.

SECTION 2. CODE AMENDMENT: Section 17.156.040 of Chapter 17.156 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

17.156.040 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, provided the Junior Accessory Dwelling Unit has a separate entrance from the main entrance to the Primary Dwelling Unit, with an interior entry to the main living area of 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, except that the construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the Accessory Dwelling Unit could have a specific, adverse impact on public health and safety. Nothing in this subparagraph shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(2) Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the Primary Dwelling Unit. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the Primary Dwelling Unit.
(3) 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. (2) If the Planning Officer denies an application for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, the Planning Officer shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The Planning Officer shall not deny an application for a permit to create an Accessory Dwelling Unit or a Junior Accessory Dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit.
(3) The Planning Officer shall review and issue a demolition permit for a detached garage replaced with an Accessory Dwelling Unit at the same time he or she reviews and issues a permit for the Accessory Dwelling Unit. The Planning Officer shall not require the applicant to post a notice or placard for the demolition of a detached garage to be replaced with an Accessory Dwelling Unit, unless the property is within an architecturally and historically significant historic district.
(4) A permit shall not be denied for an unpermitted Accessory Dwelling Unit that was constructed before January 1, 2018, due to either of the following:
i. The Accessory Dwelling Unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
ii. The Accessory dwelling Unit does not comply with Section 65852.2 of the Government Code or Title 17.
(5) Notwithstanding subdivision (4), the Planning Officer may deny a permit for an Accessory Dwelling unit if he or she makes a finding that correcting a violation is necessary to protect the health and safety of the public or occupants of the structure.
(6) Subdivisions (4) and (5) shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

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.

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

SECTION 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 3rd day of January 2023.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the ___ day of ___________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Gary B. Bell
Town Attorney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: January 3, 2023
TO: Mayor and Town Council
FROM: Ken MacNab, Interim Planning & Building Director
PREPARED BY: Ken MacNab, Interim Planning & Building Director SUBJECT:

Introduce and waive first reading of Ordinance Number 23-517 an Ordinance of the Town Council of the Town of Yountville Amending Chapter 17.156 of the Yountville Municipal Code Regarding Accessory Dwelling Units.

DISCUSSION/BACKGROUND
The California Legislature views Accessory Dwelling Units (ADUs) as playing an important role in solving California's housing crisis. Over the past few years, the Legislature has enacted numerous laws intended to increase the number of ADUs by removing barriers to their construction. Examples of such laws include requiring ministerial approval of ADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, and prohibiting local agencies from imposing height and setback standards beyond State-set limits.

In response, the Town has amended its zoning ordinance to bring its ADU regulations into conformance with State law.

In the 2021-22 California legislative session, two new laws imposing new development standards and methods of processing ADU’s were enacted. These new laws, Assembly Bill 2221 (Quirk-Silva) and Senate Bill 897 (Wieckowski), take effect on January 1, 2023. The proposed Zoning Ordinance amendments presented in this staff report are necessary for keeping the Town’s ADU standards in conformance with State law. In addition to the requirements of new State law, there are proposed amendments correcting an existing typo in the current ordinance, as noted in more detail below.

Yountville Municipal Code Chapter 17.184 directs that the ZDRB make recommendations to the Town Council for approval, conditional approval, or denial of applications for amendments to the Zoning Ordinance and the Zoning Map. Government Code section 65853 et seq. similarly requires the ZDRB to make a written recommendation to the Town Council regarding amendments to the Zoning Ordinance and the Zoning Map. In accordance with these requirements, the ZDRB held a noticed public hearing to review the subject Zoning Ordinance amendments on December 13, 2022. After receiving a presentation from Town staff, review of information contained in the staff report, and deliberations, the ZDRB passed a motion recommending that the Town Council approve the proposed amendments. A summary of the ZDRB’s review and comments is provided later in this report.

PROPOSED AMENDMENTS
The following is a summary of the proposed amendments to Chapter 17.156 – Accessory Dwelling Units. “Track changes” are shown in the draft Ordinance (Exhibit 1).

1. Section 17.156.030(A)(1) – Zoning
Subparagraph “a” is proposed to be corrected as shown below to accurately define the Zoning District acronym “MPR.” The current Zoning Ordinance defines the MPR Zoning District acronym as “Mobile Home Park.” The proposed revision corrects this definition to “Master Planned Residential.” “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:
a. A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Master Planned Residential), and PD (Planned Development).

2. Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in the MHP (Mobile Home Park), 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.”

2. Section 17.156.030(F) – Setbacks
Provision “5” below is proposed to be added to this section to clarify setback requirements for existing multifamily structures with a side or rear setback of less than four feet to in accordance with the requirements of SB 897. This language prohibits the Town from requiring modifications to an existing multifamily structure for the purpose of bringing it into compliance with applicable side or rear yard setback requirements as part of an application to construct an Accessory Dwelling Unit. “5. If an existing multifamily dwelling has a rear or side setback of less than four feet, the Town shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an Accessory Dwelling Unit that satisfies the requirements of this subparagraph.”

3. Section 17.156.030(G)(1) – Height Limits
This section is proposed to be modified as shown below to clarify height allowances and measurements in accordance with the requirements of AB 2221. The modifications expand upon the existing Zoning Ordinance regulations by setting forth specific height limits for Accessory Dwelling Units based on site and development conditions.
“1. Accessory Dwelling Units shall not exceed:
i. 16 feet in height measured to top of parapet or pitched roof on a lot with an existing or proposed single family or multifamily dwelling unit; ii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop, or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed under this subparagraph to accommodate a roof pitch on the Accessory Dwelling Unit that is aligned with the roof pitch of the primary dwelling unit.
iii. 18 feet in height for a detached Accessory Dwelling Unit on a lot with an existing or proposed multifamily, multistory dwelling.
iv. 25 feet in height or the otherwise applicable height limitation under Title 17 that applies to the primary dwelling, whichever is lower, for an Accessory Dwelling Unit that is attached to a primary dwelling.
v. Two stories in height in all cases.”
In regard to provision “ii” above, it should be noted that a ‘major transit stop’ and ‘high quality transit corridor’ are defined as follows in Section 21155 of the Public Resources Code:

1. Major Transit Stop: (1) An existing rail or bus rapid transit station, (2) A ferry terminal served by either a bus or rail transit service, or (3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

2. High Quality Transit Corridor: a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

Currently, the Town does not have transit service that would meet either of these definitions. Staff is proposing to include this language in the Ordinance amendment for purposes of clear conformance with State law. However, until such a time that transit service meets the headways specified above, the allowances allowed by provision “ii” are not currently applicable to any property in Town limits.

4. Section 17.156.030(H)(3) – Parking
Provision “vi” below is proposed to be added to Section 3 for the purpose of clarifying that additional parking for an Accessory Dwelling Unit constructed in conjunction with a new single family or multifamily dwelling on the same lot is not required when all other applicable parking criteria are met. “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:
. . .
vi. When a permit application for an Accessory dwelling Unit is submitted with a permit application to create a new single family dwelling or a new multifamily dwelling on the same lot, provided the Accessory Dwelling Unit or the parcel satisfies all other criteria.”

5. Section 17.156.040(A)(1) – Development Standards
Provision “iii” is proposed to be modified as shown below to clarify that a Junior Accessory Dwelling Unit may share bathroom facilities with the Primary Dwelling Unit provided that the Junior Accessory Dwelling Unit has a separate entrance.
“1. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall have the following features located within the unit:

. . .
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, provided the Junior Accessory Dwelling Unit has a separate entrance from the main entrance to the Primary Dwelling Unit, with an interior entry to the main living area of the Primary Dwelling Unit.”

6. Section 17.156.040(C)(1) – Building Code
This section is proposed to be modified as shown below to clarify that construction of an Accessory Dwelling Unit does not constitute a change in Residential (Group R) Building Code occupancy unless there is substantial evidence that construction of the Accessory Dwelling Unit would have adverse health and safety impacts. This section also clarifies that that the Town cannot require an existing primary dwelling unit to install fire sprinklers as part of an Accessory Dwelling Unit application. Both of these clarifications are in accordance with the requirements of AB 2221.
“1. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall meet minimum building code requirements prior to occupancy of the unit, except that the construction of an Accessory Dwelling Unit shall not constitute a Group R occupancy change under the California Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the Accessory Dwelling Unit could have a specific, adverse impact on public health and safety. Nothing in this subparagraph shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

2. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the Primary Dwelling Unit. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the Primary Dwelling Unit.

3. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be required to have a permanent foundation.”

7. Section 17.156.040(I) – Permit Approval
This section is proposed to be modified as shown below to clarify procedures for denial of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, including denial of unpermitted units constructed before January 1, 2018, in accordance with the requirements of AB 2221 and SB 897. “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.

2. If the Planning Officer denies an application for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit, the Planning Officer shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The Planning Officer shall not deny an application for a permit to create an Accessory Dwelling Unit or a Junior Accessory Dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit.

3. The Planning Officer shall review and issue a demolition permit for a detached garage replaced with an Accessory Dwelling Unit at the same time he or she reviews and issues a permit for the Accessory Dwelling Unit. The Planning Officer shall not require the applicant to post a notice or placard for the demolition of a detached garage to be replaced with an Accessory Dwelling Unit, unless the property is within an architecturally and historically significant historic district.

4. A permit shall not be denied for an unpermitted Accessory Dwelling Unit that was constructed before January 1, 2018, due to either of the following:
i. The Accessory Dwelling Unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
ii. The Accessory dwelling Unit does not comply with Section 65852.2 of the Government Code or Title 17.

5. Notwithstanding subdivision (4), the Planning Officer may deny a permit for an Accessory Dwelling unit if he or she makes a finding that correcting a violation is necessary to protect the health and safety of the public or occupants of the structure.

6. Subdivisions (4) and (5) shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.”

ZONING AND DESIGN REVIEW BOARD - REVIEW AND COMMENTS
On December 13, 2022, the Zoning and Design Review Board (ZDRB) conducted a noticed public hearing to review the proposed ordinance amendments and make recommendations for approval, conditional approval, or denial by the Town Council. After receiving a staff report and presentation from Town staff and deliberating on the various amendments being proposed, and in recognition that the Town is required to make the proposed amendments in order to be compliant with State law, the ZDRB passed a motion recommending that the Town Council approve the ordinance as presented.

Although there were no recommended changes to the language presented in the ordinance, the ZDRB discussed several regulatory aspects related to the proposed ordinance amendments and requested they be shared with the Town Council for future consideration. A summary of these issues is provided below.

1. Height Allowance for Attached ADUs (Item No. 3 above). During consideration of height allowances for attached ADUs, Staff presented two graphic examples of second story ADUs: one showing construction above an existing garage, and the other showing conversion of existing space or a second-story addition. Some ZDRB members expressed a preference for second story ADUs constructed above the existing footprint of the primary dwelling as opposed to an addition that would expand the footprint of the primary dwelling. The ZDRB inquired whether this provision would allow for construction of an attached two-story ADU addition to an existing dwelling that would expand the existing footprint of the primary dwelling. Staff has confirmed with the Town Attorney’s office that it would.

2. Unpermitted ADUs (Item 7, Nos. 3 and 4). The ZDRB expressed concern about approving an unpermitted ADU built before 2018. The concern primarily relates to ensuring the health and safety of occupants of the ADU. Although State law clearly allows the Town to impose conditions requiring correction of health and safety deficiencies, there was some discomfort about allowing occupancy of a structure that may not be fully compliant with all requirements of the Building Code. Staff consulted with the Town Attorney’s office about whether the Town could require a building permit be obtained for the unpermitted structure as a condition of ADU approval. The Town Attorney’s office advises a condition of approval requiring approval of a building permit for anything related to health and safety corrections would be allowable under State law.

3. Interior Access (General comment, not directly related to any of the proposed amendments). Some ZDRB members expressed concern that property owners may use ADU regulations for the purpose of expanding the living area of a primary dwelling with no intention of making the ADU available as a dwelling unit as a means to work around zoning regulations that would otherwise limit such expansion. A question was raised about whether the Town could prohibit an interior connection between the primary dwelling and an attached ADU to address/discourage this. In researching this question, staff determined that the Town’s Zoning Ordinance already prohibits direct access between an ADU and the primary dwelling (Section 17.156.020(B) of the Yountville Municipal Code). The Town Attorney advises that the Town could not prohibit interior access between a primary dwelling and a JADU (Junior Accessory Dwelling Unit) as JADUs share facilities with the primary dwelling.

ANALYSIS
Pursuant to Yountville Municipal Code Section 17.184.060 Findings and Decision, upon receipt of the recommendation of the Zoning and Design Review Board, the Town Council may approve or approve in modified form the proposed amendment(s) if from the facts presented all the following findings can be made:

1. The proposed amendment(s) would further the goals, objectives, policies, and programs and is consistent with the intent of the General Plan;
COMMENT: The proposed amendments would further General Plan goals, policies, and programs, including the following:
• Housing Element Goal HO-3: Promote the development of a variety of housing types. • Housing Element Goal HO-4: Provide increased opportunities for multi-family and affordable workforce housing, and maintain affordability for all income groups. o Housing Element Policy HO-4.4: Encourage second dwelling units on single-family lots. o Housing Element Program 14: Continue to provide information to property owners and developers regarding the Town’s second unit regulations and continue to assess further means of facilitating development of second units. [Underline added] • Housing Element Goal HO-10: Ensure that the Town’s policies and regulations address all State housing requirements.

2. The proposed amendment(s) would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
COMMENT: The proposed amendments will be implemented through established development and building permit review procedures ensuring that there will be no detrimental impacts to the public interest, health, safety, convenience, or welfare of the Town.

3. For amendments involving a zoning or land use map amendment, the site is physically suitable, including consideration of physical constraints, access, compatibility with surrounding land uses, and provision of utilities, for the requested or potential land uses.

COMMENT: The proposed amendments do not involve or include any zoning or land use map amendment.

ENVIRONMENTAL REVIEW
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."

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. 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, trails, and quality programs and events. Visionary Leadership: The Town's leadership maintains an open-minded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. By adopting clear objective standards for state mandated requirements for the development of Accessory Dwelling Units it will continue orderly development and high qualify design. This will further the strategic goals increasing the quality of life for residents and Yountville being a premier destination.

EXHIBITS
Exhibit A – An Ordinance of the Town Council of the Town of Yountville amending Chapter 17.156 of the Yountville Municipal Code regarding Accessory Dwelling Units.

Exhibit B – Current version of Chapter 17.156 of the Yountville Municipal Code Exhibit C – Text of Assembly Bill 2221 (Quirk-Silva)
Exhibit D – Text of Senate Bill 897 (Wieckowski)

RECOMMENDATION
Receive staff report and direct questions to staff.

Conduct public hearing and receive testimony.

Conduct Council discussion on proposed ordinance amendments.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Erica Teagarden, Management Analyst
SUBJECT:

Adopt Resolution Number 23-4173 Approving an Amendment to Maintenance Agreement #2021-720 with A Plus Tree, Inc. increasing the contract amount for Urban Forest Management Services for the Town of Yountville.

DISCUSSION/BACKGROUND
The Town of Yountville has an estimated 370 trees within the Town maintained right-of-ways, parks, and facilities. Maintaining the urban forest and monitoring the health and future growth of trees is a high priority. In keeping with that priority, the Town has applied for and has been awarded the Tree City designation since 2016. Additionally, tree maintenance enhances the public’s perspective of the Town’s urban forest.

Management of the urban forest by licensed arborists and specialists is essential. Trees need regular inspections for pests, disease, or declining health, pruning for fire and safety clearances, maintenance for required distance from structure and overhead utility lines, and in general trimmed to allow for new growth.

In 2013, Council recognized the need for consistent and caring maintenance and monitoring of Town-owned trees and, following a call for Request for Proposals (RFPs), the Town Council approved Resolution 3097-13 for a multi-year on-call urban forest management services to be performed by A Plus Tree Services, Inc. In August of 2021, the Town entered into a three (3) year agreement with A Plus Trees. Based on the management of the urban forest, the Town is requesting to amend the contract in a not to exceed amount of $125,000. The current contract allows for services up to $45,000.

Municipal Code 3.32.1330 states that “The Town Manager may approve purchases of supplies, general services, special equipment/supplies, and equipment not covered within a construction contract or public work specification up to and including $60,000.00. The Town Council shall approve such purchases greater than $60,000.00.

Staff recommends adoption of the resolution in order to continue this important service for the Town.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? 01-4305-4210 - Streets Maintenance Contract Services 01-4320-4210 - Parks Maintenance Contract Services - 01-4325-4210 – Government Buildings Contract Services Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? No

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. Providing the resources needed to maintain public outdoor spaces for the benefit and safety of the community.

RECOMMENDATION
Adopt Resolution Number 23-4173 Approving an Amendment to Maintenance Agreement #2021-720 with A Plus Tree, Inc. increasing the contract amount for Urban Forest Management for the Town of Yountville Town of Yountville
Resolution Number 23-4173
APPROVING AN AMENDMENT TO MAINTENANCE AGREEMENT #2021-720 WITH A PLUS TREE, INC. INCREASING THE CONTRACT AMOUNT FOR URBAN FOREST MANAGEMENT SERVICES FOR THE TOWN OF YOUNTVILLE.

Recitals
A. The Town of Yountville has an estimated 370 trees within Town street rights-of-ways parks, and facilities.

B. The Town of Yountville supports a healthy Urban Forest that provides a variety of health benefits for humans and the environment.

C. The Town entered into a three-year agreement with A Plus Tree Inc. in 2021.

D. The current contract had a budget limit of a not to exceed amount of $45,000.

E. A Plus Tree, Inc. will continue to inventory the trees and the management plan to monitor the health and safety of the trees. They will provide inspections and record the data to effectively manage the Town’s urban forest.

F. In order to comply with the Town’s purchasing policy, staff is requesting Council to approve an amendment increasing the allowed FY 22/23 budget to a not to exceed amount of $125,000.

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

1. The Town Council hereby approves an amendment to Agreement #2021-720 with A Plus Tree Inc. for Urban Forest Management services.

2. 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 17th day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk
CSA#: _______________
Tree Maintenance Services Agreement

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(Approved for Use March 24, 2021)
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TREE MAINTENANCE SERVICES AGREEMENT
Providing Payment of Prevailing Wages
(Town of Yountville / ____________________________)

1. IDENTIFICATION
This TREE MAINTENANCE SERVICES AGREEMENT (“Agreement”) is entered into by and between the Town of Yountville, a California municipal corporation (“Town”), and ___________________________________, a ____________________________ (“Contractor”).

2. RECITALS

2.1. Town has determined that it requires the following tree maintenance services from a contractor:____________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

2.2. Contractor represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, Town and Contractor agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: Such professional services as are set forth in Contractor’s ___________________ proposal to Town attached hereto as Exhibit A and incorporated herein by this reference.

3.2. “Town Standards and Specifications”: The Town’s set of technical specifications, which are incorporated herein by reference. These specifications shall provide the technical standards for work as applicable, in the opinion of the Director of Public Works. Copies are available at Town Hall.

3.3. “Agreement Administrator”: The Agreement Administrator for this project is _______________________________________________________. The Agreement Administrator shall be the principal point of contact at the Town for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for 2021-720 A Plus Tree Inc. A Plus Tree, Inc. California Company Urban Forest Management for the Town of Yountville August 18, 2021 Larry Handcock, Municipal Operations Supervisor DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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completion of services and any interim milestones. Town reserves the right to change this designation upon written notice to Contractor

3.4. “Maximum Amount”: The highest total compensation and costs payable to Contractor by Town under this Agreement. The Maximum Amount under this Agreement is ______________________________________________________________ Dollars ($______________________________).

3.5. “Commencement Date”:__________________

3.6. “Termination Date”:__________________

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Contractor may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by Town in writing and incorporated in written amendments to this agreement.

5. CONTRACTOR’S DUTIES

5.1. Services. Contractor shall perform the services identified in the Scope of Services.

Town shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with Town. In performing services under this Agreement, Contractor shall coordinate all contact with Town through its Agreement Administrator.

5.3. Budgetary Notification. Contractor shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Contractor shall concurrently inform the Agreement Administrator, in writing, of Contractor’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Contractor shall obtain and maintain in force a Town business license for the duration of this Agreement.

Forty Five Thousand 45,000.00 09/01/2021 06/30/2024
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Professional Standards. Contractor shall perform all work to the highest standards of Contractor’s profession and in a manner reasonably satisfactory to Town. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.5. Appropriate Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Contractor or under its supervision or by subcontractor(s) of Contractor, and all personnel engaged in the work shall be qualified to perform such services. _______________________________________________ shall be Contractor’s project administrator and shall have direct responsibility for management of Contractor’s performance under this Agreement. No change shall be made in Contractor’s project administrator without Town’s prior written consent.

5.6. Project Site. Contractor shall perform the Services in such a manner as to cause a minimum of interference with Town’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented.

Town will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. Town may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by Town shall be solely as an accommodation and Town shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any Town owned equipment and property provided by Town for the performance of Services. Town shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.

5.7. Prevailing Wages. This Agreement is subject to the prevailing wage law as more fully set forth in Section 8 (Labor Code), for all work performed under this Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Contractor acknowledges that prevailing wage determinations are available for work performed under this Agreement.

Sarah Gaskin
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5.8. Unauthorized Delay. In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay Town the amount of Two Hundred Dollars ($200.00) per day for each and every day of unauthorized delay beyond the Termination Date, which shall be deducted from any monies due to Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Town for losses that are difficult to measure, and that such damages are not a penalty.

5.9. Unforeseeable Delay. Contractor shall not be deemed in breach of this Agreement and no forfeiture due to delay shall be made because of any delays in the completion of the Scope of Services due to unforeseeable causes beyond the control and without the fault or negligence of Contractor provided Contractor requests from the Agreement Administrator an extension of time in writing. Unforeseeable causes of delay beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of Town, or acts of another contractor in the performance of a contract with Town, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities.

Delays caused by actions or negligence of Contractor or its agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Scope of Services or to supply any equipment or materials shall not be unforeseeable delays. Unforeseeable delays (those beyond Contractor’s control) shall not entitle Contractor to any additional compensation beyond the Maximum Amount.

The sole recourse of Contractor shall be to seek an extension of time from the Agreement Administrator.

5.10. Defective Work. All work which is defective in its construction or deficient in any of the requirements set by Town Reference Specifications shall be remedied or replaced by Contractor in an acceptable manner at its own expense. Defective work shall not entitle Contractor to any additional compensation beyond the Maximum Amount.

5.11. Permits and Approvals. Contractor shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Contractor’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.12. Notification of Organizational Changes. Contractor shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Contractor’s firm or of any subcontractor. Change of ownership or control of Contractor’s firm may require an amendment to this Agreement.

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5.13. Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of Town. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of Town, for a period of three (3) years after final payment under this Agreement.

6. HEALTH AND SAFETY PROGRAMS

6.1. As appropriate for the scope of work to be performed, the Contractor shall establish, maintain, and enforce safe work practices, and implement an accident/incident prevention program intended to ensure safe and healthful operations under their direction. The program shall include all requisite components of such a program under Federal, State and local regulations and shall comply with all Town site programs.

6.2. Contractor will be responsible for acquiring job hazard assessments as necessary to safely perform all duties of each Project and provide a copy to Town upon request.

6.3. Contractor will be responsible for providing all employee health and safety training and personal protective equipment in accordance with potential hazards that may be encountered in performance of Project and provide copies of the certified training records upon request by Town. Contractor shall be responsible for proper maintenance and/or disposal of their personal protective equipment and material handling equipment.

6.4. Contractor is responsible for ensuring that its lower-tier subcontractors are aware of and will comply with the requirements set forth herein.

6.5. Town, or its representatives, shall periodically monitor the safety performance of the Contractor working on the Project. All Contractors and their subcontractors shall be required to comply with the safety and health obligations as established in the Agreement. Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, understood and agreed that no payment shall be due from Town to Contractor under this Agreement at any time when, or for any Services performed when, Contractor is not in full compliance with this Section 10.

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6.6. Contractor shall immediately report any injuries to the Town site safety representative.

Additionally, the Contractor shall investigate and submit to the Town site safety representative copies of all written accident reports, and coordinate with Town if further investigation is requested.

6.7. Contractor shall take all reasonable steps and precautions to protect the health of their employees and other site personnel with regard to their Scope of Services. Contractor shall conduct occupational health monitoring and/or sampling to determine levels of exposure of its employees to hazardous or toxic substances or environmental conditions. Copies of any sampling results will be forwarded to the Town site safety representative upon request.

6.8. Contractor shall develop a plan to properly handle and dispose of all hazardous wastes they generate within the Scope of Services.

6.9. Contractor shall advise its employees and subcontractors that any employee, who jeopardizes his/her safety and health, or the safety and health of others, may be subject to actions including removal from Project.

6.10. Contractor shall, at the sole option of the Town develop and provide to the Town a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures. Hazardous Materials to include diesel fuel used for trucks owned or leased by the Contractor

7. SUBCONTRACTING AND ASSIGNMENT

7.1. General Prohibition of Assignment. This Agreement covers tree maintenance services of a specific and unique nature. Except as otherwise provided herein, Contractor shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

7.2. Contractor Responsible. Contractor shall be responsible to Town for all services to be performed under this Agreement.

7.3. Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein unless (1) such subcontracting is specifically described in the proposal attached hereto or (2) the Town provides prior written approval. In any event, Contractor shall supervise all work subcontracted by Contractor in performing the Services and shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work. The subcontracting of any work shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services. Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 13, to Town’s satisfaction.

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7.4. Compensation for Subcontractors. Contractor shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. Town shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7.5. Warranty. In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Services (including but not limited to all equipment and materials supplied in connection therewith) shall be free from defects in design and workmanship, and that Contractor shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. Contractor further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, Contractor shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which Town may have, Town shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from Contractor’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by Contractor under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable notice from Town, replace or repair the same to Town's satisfaction. Unless otherwise expressly permitted, all materials and supplies to be used by Contractor in the performance of the Services shall be new and best of kind.

Contractor hereby assigns to Town all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.

8. COMPENSATION

8.1. General. Town agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept payment, of the Maximum Amount in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.

Contractor shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by Town in advance.

8.2. Retention. Town may retain up to 5% of each payment until project completion.

Contractor may at its own expense substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code 22300. At the request and expense of Contractor, securities equivalent to the DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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amount withheld shall be deposited with Town, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to Town. Upon satisfactory completion of this Agreement, the securities shall be returned to Contractor.

8.3. Invoices. Contractor shall submit to Town an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. Contractor shall include a copy of each subcontractor invoice, if any, for which reimbursement is sought in the invoice.

8.4. Taxes. Town shall not withhold applicable taxes or other payroll deductions from payments made to Contractor except as otherwise required by law. Contractor shall be solely responsible for calculating, withholding, and paying all taxes.

8.5. Compensation Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Contractor.

8.6. Additional Work. Contractor shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the Town on a time-and-materials basis pursuant to a written change order. Contractor shall not undertake any such work without prior written approval of the Town. A written change order may be issued without amendment to this Agreement, so long as such written change order does not cause the Maximum Amount to be exceeded.

Contractor shall only be compensated for such additional work at the rates and costs for labor and materials included in the bid or proposal.

8.7. Town-Initiated Changes - Town may propose in writing changes to Contractor’s work within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify Town in writing of that fact within five (5) days after receipt of written proposal for changes.

8.8. Contractor-Initiated Changes – Contractor may propose in writing changes to the Scope of Services, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement. Contractor must notify the Town’s Agreement Administrator of any changed conditions upon discovery and before they are disturbed. The Public Works Director shall investigate, and if the Public Works Director determines that the conditions will materially affect costs, will issue a Change Order adjusting the compensation for such portion of the Scope of Services. If the Public Works Director determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time. If the Public Works Director determines that the conditions do not justify an adjustment in compensation or time, the Contractor DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Public Works Director in writing if the Contractor disagrees.

When and if Town and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. Contractor may not cease work or delay progress on the original project pending negotiations over changes, and must continue to diligently complete the project.

Should the Contractor disagree with the decision, it may submit a written notice of potential claim to the Public Works Director before commencing the disputed work. In the event of such a dispute, the Contractor shall not be excused from any scheduled completion date provided by the Contract and shall proceed with all work to be performed under the Contract. However, the Contractor shall retain any and all rights provided by either Contract or law which pertain to the resolution of disputes and protests between the contracting parties.

The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.

9. LABOR CODE

9.1. Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Contractor shall defend, indemnify, and hold harmless Town, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws.

9.2. Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.

9.3. Forfeiture. Contractor shall forfeit as a penalty to Town Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor.

9.4. Apprentices. Contractor shall comply with the provisions of Labor Code 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code 1777.5.

9.5. Payroll Records. Pursuant to Labor Code 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code 1811 and Labor Code 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code 1776.

9.6. 8-Hour Work Day. This Agreement is subject to 8-hour work day and wage and hour penalty laws, including, but not limited to, Labor Code 1810 and Labor Code 1813.

Contractor and any subcontractor(s) of Contractor shall strictly adhere to the provisions of the Labor Code regarding 8-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Pursuant to the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by Contractor’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.

Contractor shall forfeit as a penalty to Town $25.00, or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

9.7. Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code 1771 and Labor Code 1725.5 requiring registration with the Department of Industrial Relations (DIR).

10. PUBLIC CONTRACT CODE.

10.1. Prompt Payment. This Agreement is subject to the provisions of Article 1.7 (commencing at § 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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requests within 30 days after receipt, for the review of payment requests, for notice to the contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with this Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

10.2. Public Works Claims Less Than $375,000. To the extent applicable, this Agreement is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration if the parties fail to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

10.3. Ineligible Subcontractor(s). This Agreement is further subject to the provisions of Public Contracts Code 6109 which prohibits Contractor from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Labor Code 1777.1 or Labor Code 1777.7.

10.4. Assignment of Actions. Contractor and any and all subcontractors shall offer and agree to assign to Town all rights, title, and interest in and to all causes of action it/they may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 4) or under the Cartright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time Town tenders final payment to Contractor, without further acknowledgment by the parties.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material including, but not limited to, digital and electronic reports, documents or other written material, and hard copies and originals thereof (“written products” herein), developed by Consultant in the performance of this Agreement shall be and remain the property of Town without restriction or limitation upon its use or dissemination by Town except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

12. RELATIONSHIP OF PARTIES

12.1. General. Contractor is, and shall at all times remain as to Town, a wholly independent contractor.

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12.2. No Agent Authority. Contractor shall have no power to incur any debt, obligation, or liability on behalf of Town or otherwise to act on behalf of Town as an agent. Neither Town nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not represent that it is, or that any of its agents or employees are, in any manner employees of Town.

12.3. Independent Contractor Status. Under no circumstances shall Contractor or its employees look to the Town as an employer. Contractor shall not be entitled to any benefits. Town makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

12.4. Indemnification of CalPERS Determination. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the Town, Contractor shall indemnify, defend, and hold harmless Town for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Town.

13. INDEMNIFICATION

13.1. Definitions. For purposes of this Section 13, “Contractor” shall include Contractor, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Contractor or its subcontractors, in the performance of this Agreement. “Town” shall include Town, its officers, agents, employees and volunteers.

13.2. Contractor to Indemnify Town. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, and defend Town from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Contractor’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Contractor or failure to comply with any provision in this Agreement.

13.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Contractor shall not be DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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required to indemnify Town for such loss or damage as is caused by the sole active negligence or willful misconduct of the Town.

13.4. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of Town’s choice, expert fees and all other costs and fees of litigation.

Contractor shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

13.5. Defense Deposit. The Town may request a deposit for defense costs from Contractor with respect to a claim. If the Town requests a defense deposit, Contractor shall provide it within 15 days of the request.

13.6. Waiver of Statutory Immunity. The obligations of Contractor under this Section 13 are not limited by the provisions of any workers’ compensation act or similar act.

Contractor expressly waives its statutory immunity under such statutes or laws as to Town.

13.7. Indemnification by Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 13 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Contractor’s behalf.

13.8. Insurance Not a Substitute. Town does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Contractor’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

14. INSURANCE

14.1. Insurance Required. Contractor shall maintain insurance as described in this section and shall require all of its subcontractors, Contractors, and other agents to do the same.

Approval of the insurance by the Town shall not relieve or decrease any liability of Contractor. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

14.2. Documentation of Insurance. Town will not execute this agreement until it has received a complete set of all required documentation of insurance coverage, including, but not limited to, a copy of the declarations and policy endorsements page for each insurance policy as applicable. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

Contractor shall file with Town:

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• Certificate of Insurance, indicating companies acceptable to Town, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: _____________________________________________ ________________________________________________________________ ________________________________________________________________ • Documentation of Best’s rating acceptable to the Town. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

14.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, (if applicable) $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

An employee of the Town signing this Agreement may, in his or her sole discretion, waive the requirement for Professional Liability Insurance by initialing here:

Urban Forest Management
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Initials: ___________________________________
Name: ____________________________________

14.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. The policy shall not contain a Contractors’ Warranty or other similar language which eliminates or restricts insurance because of a subcontractor’s failure to carry specific insurance or to supply evidence of such coverage.

14.5. Worker’s Compensation Insurance. Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

14.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.

14.7. Additional Insured Endorsements. The Town, its Town Council, Commissions, officers, and employees of Yountville must be endorsed as an additional insured for each policy required herein — other than Auto, Workers Compensation and Professional Errors and Omissions — for liability arising out of ongoing and completed operations by or on behalf of the Contractor. The Town must be named as an additional insured for Auto Insurance policies for ongoing operations. Contractor’s insurance policies shall be primary as respects any claims related to or as the result of the Contractor’s work. Any insurance, pooled coverage or self-insurance maintained by the Town, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

14.8. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Contractor does not furnish a new certificate of insurance prior to cancellation, Town has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Contractor under this Agreement. Failure of the Contractor to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

ET
Erica Teagarden
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14.9. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Contractor shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Contractor shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: Town of Yountville, Attn: ______________________________________________________, 6550 Yount Street, Yountville, CA 94599.

14.10. Contractor’s Insurance Primary. The insurance provided by Contractor, including all endorsements, shall be primary to any coverage available to Town. Any insurance or self-insurance maintained by Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

14.11. Waiver of Subrogation. Contractor hereby waives all rights of subrogation against the Town. Contractor shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

14.12. Report of Claims to Town. Contractor shall report to the Town, in addition to the Contractor’s insurer, any and all insurance claims submitted to Contractor's insurer in connection with the services under this Agreement.

14.13. Premium Payments and Deductibles. Contractor must disclose all deductables and self-insured retention amounts to the Town. The Town may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, Town must approve all such amounts prior to execution of this Agreement.

Town has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Contractor shall be responsible for all premiums and deductibles in all of Contractor’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to Town’s approval.

14.14. Duty to Defend and Indemnify. Contractor’s duties to defend and indemnify Town under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

Erica Teagarden
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15. MUTUAL COOPERATION

15.1. Town Cooperation in Performance. Town shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Contractor’s services under this Agreement.

15.2. Contractor Cooperation in Defense of Claims. If any claim or action is brought against Town relating to Contractor’s performance in connection with this Agreement, Contractor shall render any reasonable assistance that Town may require in the defense of that claim or action.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Contractor’s and Town’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to Town:
______________________________
Town of Yountville
______________________________
6550 Yount Street
Yountville, CA 94599
Telephone: (707) 944-8851
Facsimile: (707) 944-9619
Email:_________________________
If to Contractor:
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
Telephone: ______________________________
Facsimile: _______________________________
Email: __________________________________
With courtesy copy to:

Gary B. Bell
Yountville Town Attorney
Colantuono, Highsmith & Whatley,
PC
420 Sierra College Dr., Ste. 140
Grass Valley, CA 95945-5091
Telephone: (530) 432-7357
Larry Handcock Public Works Department A Plus Tree Services, Inc. 3490 Buskirk Ave Pleasant Hill, CA 94523 866-815-2525 [email protected] [email protected] DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Tree maintenance Services Agreement

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17. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.12 (Records), paragraph

12.4 (Indemnification of CalPERS Determination), Section 13 (Indemnity), paragraph

14.8 (Claims-Made Policies), Section 15.2 (Contractor Cooperation in Defense of Claims), and Section 20.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

18. TERMINATION

18.1. Town Termination. Town may terminate this Agreement for any reason on five calendar days’ written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All Town data, documents, objects, materials or other tangible things shall be returned to Town upon the termination or expiration of this Agreement.

18.2. Contractor Termination. Contractor may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

18.3. Compensation Following Termination. Upon termination, Contractor shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. The Town shall have the benefit of such work as may have been completed up to the time of such termination.

18.4. Remedies. Town retains any and all available legal and equitable remedies for Contractor’s breach of this Agreement.

19. INTERPRETATION OF AGREEMENT

19.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

19.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between Town and Contractor with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by Town and Contractor.

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19.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

19.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

19.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

20. GENERAL PROVISIONS

20.1. Confidentiality. All data, documents, discussion, or other information developed or received by Contractor for performance of this Agreement are deemed confidential and Contractor shall not disclose it without prior written consent by Town. Town shall grant such consent if disclosure is legally required. All Town data shall be returned to Town upon the termination or expiration of this Agreement.

20.2. Conflicts of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the Town’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer, or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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20.3. Non-assignment. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without Town’s prior written consent, and any attempt to do so shall be void and of no effect. Town shall not be obligated or liable under this Agreement to any party other than Contractor.

20.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

20.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

20.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

20.7. Non-Discrimination. Contractor shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

20.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by Town or Contractor unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by Town or Contractor of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

20.9. Excused Failure to Perform. Contractor shall not be liable for any failure to perform if Contractor presents acceptable evidence, in Town’s sole judgment that such failure was due to causes beyond the control and without the fault or negligence of Contractor.

20.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

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20.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.

20.12. Venue. The venue for any litigation shall be Napa County, California and Contractor hereby consents to jurisdiction in Napa County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

General Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Town and Contractor agree to resolve the dispute in accordance with the following:

Each Party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. seq.

20.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties further agree that this Agreement may be transmitted by facsimile, electronic mail (email), or other electronic means and that the production or reproduction of signatures by facsimile, electronic mail (email), or other electronic means shall be treated as binding as if originals thereof.

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “Town”
Town of Yountville
By: ________________________________
Signature
Printed: _____________________________
Title: _______________________________
Date: ______________________
“Contractor”
___________________________________
By: ________________________________
Signature
Printed: _____________________________
Title: _______________________________
Date: ______________________
Attest:

Attest signature not needed if project less than $45,000 and not requiring Council approval.

By: __________________________________
Michelle Dahme, Town Clerk
Date: ________________________

Approved as to form:

By: __________________________________
Gary B. Bell, Town Attorney

Date: ________________________
A Plus Tree, Inc. Natasha DuCharme Vice President, Client Success 9/6/2021 DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B 9/13/2021 | 10:20 AM PDT
Town Manager
9/13/2021 | 11:44 AM PDT
Steven R, Rogers
General Tree Care $110/per hour/per person
Plant Health Care $150/per hour/per person
3-person crew $330/hr
Crew leader
Climber
Grounds Technician
Equipment
Aerial lift truck
Recycle chip truck
Chipper
4-person crew $440/hr
Crew leader
Climber
Grounds Technician
Equipment
Aerial lift truck
Recycle chip truck
Chipper
PHC (Plant Health Care) $150/hr
PHC Technician
PHC Truck
Tree Maintenance Services - Town of Yountville
DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
9/8/2021
License # 0757776
(805) 618-3701 (805) 832-6581
22322
A Plus Tree Inc
985 Walnut Ave
Vallejo, CA 94592
37885
11150
10349
A 1,000,000
X X NPC100305301 3/7/2021 3/7/2022 100,000
5,000
1,000,000
2,000,000
2,000,000
B 1,000,000
X X NBA100305401 3/7/2021 3/7/2022
A 5,000,000
NEC600606201 3/7/2021 3/7/2022 5,000,000
C
X ZAWCI9437602 4/1/2021 4/1/2022 1,000,000 Y 1,000,000
1,000,000
D Excess GL Liability EMM000073700 3/7/2021 3/7/2022 Agg/Occ 4,000,000 RE: CSA#: 2021-720.

Town of Yountville, its Town Council, Commissions, officers, and employees of Yountville are included as Additional Insureds under the General Liability and Auto Liability policies, additional insured coverage applies when required by written contract per the attached forms #CG 20 10 12 19, CG 20 37 12 19 & XIC 421 1013.

This insurance is considered Primary and Non-Contributory under the General Liability and Auto Liability policies per attached forms #CG 20 01 12 19 & XIC 421 1013.

SEE ATTACHED ACORD 101
Town of Yountville
Public Works Department
6550 Yount Street
Yountville, CA 94599
APLUSTR-01 LYLI
Santa Barbara, CA - HUB International Insurance Services Inc.

PO Box 3310
Santa Barbara, CA 93130-3310
Anna Duran
[email protected]
Greenwich Insurance Company
XL Specialty Insurance Company
Arch Insurance Company
Acceptance Casualty Insurance Company
X
X
X
X
X
X
X
DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

Santa Barbara, CA - HUB International Insurance Services Inc.

APLUSTR-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0757776
1 SEE P 1
A Plus Tree Inc
985 Walnut Ave
Vallejo, CA 94592
SEE PAGE 1
LYLI
1 Description of Operations/Locations/Vehicles:

Waivers of Subrogation applies under the General Liability, Auto Liability and Workers Compensation policies per attached forms #XIL 436 1208, XIC 421 1013 & WC 00 03 13 (Ed. 4-84).

DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
POLICY NUMBER:

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page of ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Name Of Additional Insured Person(s)
Or Organization(s)
Blanket as required by written contract Blanket as required by written contract Q-18410
12 NPC-1003053-01
DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Page of © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
22 DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
POLICY NUMBER:

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page of ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Name Of Additional Insured Person(s)
Or Organization(s)
Blanket as required by written contract Blanket as required by written contract Q-18410
11 NPC-1003053-01
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POLICY NUMBER: NPC1003053-01
DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Form XIL 436 1208 © 2008, XL America, Inc. Page 1 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered.

A. Reasonable Force – Bodily Injury or Property Damage
B. Damage To Premises Rented To You Extension
Ɣ Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage Ɣ Limit increased to $300,000
C. Aircraft Chartered with Crew
D. Non-Owned Watercraft
E. Personal and Advertising Injury – Assumed by Insured Contract F. Increased Supplementary Payments
Ɣ Cost for bail bonds increased to $5,000
Ɣ Loss of earnings increased to $1,000 per day
G. Broadened Named Insured
H. Blanket Additional Insured – Managers or Lessors of Premises I. Blanket Additional Insured – Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers
K. Knowledge and Notice of Occurrence or Offense
L. Unintentional Omission
M. Liberalization
N. Blanket Waiver of Subrogation
O. Incidental Medical Malpractice Injury
P. Extension of Coverage – Bodily Injury
Q. Coverage Territory
ENDORSEMENT #
This endorsement, effective 12:01 a.m. , forms a part of Policy No. NPC-1003053-01 issued to A Plus Tree Inc
by Greenwich Insurance Company
DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Form XIL 436 1208 © 2008, XL America, Inc. Page 2 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. REASONABLE FORCE – BODILY INJURY OR PROPERTY DAMAGE
Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I – Coverages is deleted in its entirety and replaced by the following:
[This insurance does not apply to:)
Expected or Intended Injury or Damage
“Bodily injury” or “property damage” expected or intended from the standpoint of the insured.

This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION

1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I - Coverages is deleted in its entirety and replaced by the following:

Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III- Limits of Insurance.

2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by:
a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or
c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines.

3. Paragraph 6. of Section III- Limits of Insurance is deleted in its entirety and replaced by the following:

6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of “property damage” to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.

The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same “occurrence”, whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of:
(1) $300,000; or
(2) The amount shown on the Declarations for Damage to Premises Rented to You Limit.

DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Form XIL 436 1208 © 2008, XL America, Inc. Page 3 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

4. Paragraph 9.a. of the definition of “insured contract” under Section V- Definitions, is deleted in its entirety and replaced by the following:
[“Insured contract” means:]
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an “insured contract”.

5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I – Coverages is excluded by endorsement.

C. AIRCRAFT CHARTERED WITH CREW

1. The following is added to the exceptions contained in Exclusion g., Aircraft, Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I – Coverages:
[This exclusion does not apply to:)
Aircraft chartered with crew to any insured.

2. This Article C. does not apply if the chartered aircraft is owned by any insured.

3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy.

D. NON-OWNED WATERCRAFT

1. The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I – Coverages is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) 50 feet long or less; and
(b) Not being used to carry persons or property for a charge;

2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft.

3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy.

E. PERSONAL AND ADVERTISING INJURY – ASSUMED BY INSURED CONTRACT

1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I – Coverages is deleted in its entirety and replaced by the following:

DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Form XIL 436 1208 © 2008, XL America, Inc. Page 4 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission. [This insurance does not apply to:)
e. Contractual Liability
“Personal and Advertising Injury” for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages:

1. That the insured would have in the absence of the contract or agreement; or

2. Assumed in a written contract or agreement that is an “insured contract”; provided the “personal and advertising injury” is caused by an offense which occurs subsequent to the execution of the contract or agreement.

2. Subparagraph f. of the definition of “insured contract” Section V.- Definitions is deleted in its entirety and replaced by the following:
f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for “bodily injury”, “property damage” or “personal and advertising injury” to a third party or organization.

Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement.

F. INCREASED SUPPLEMENTARY PAYMENTS
Subparagraphs 1. b. and d. of Supplementary Payments – Coverages A And B of Section I - Coverages are amended as follows:

1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000.

2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day.

G. BROADENED NAMED INSURED

1. The Named Insured in Item 1. of the Declarations is as follows:

The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization.

2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement.

DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Form XIL 436 1208 © 2008, XL America, Inc. Page 5 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

H. BLANKET ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES

1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an “additional insured”), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions:
a. Limits of Insurance. The Limits of Insurance afforded to the “additional insured” shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less.
b. The insurance afforded to the “additional insured” does not apply to:
(1) Any “occurrence” that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such “additional insured”.

2. The insurance afforded to the “additional insured” is excess over any valid and collectible insurance available to such “additional insured”, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis.

I. BLANKET ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT

1. Section II-Who Is An Insured is amended to include an “additional insured” (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such “additional insured”, subject to the following provisions:
a. Limits of Insurance. The Limits of Insurance afforded to the “additional insured” shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less.
b. The insurance afforded to the “additional insured” does not apply to:
(1) Any “occurrence” that takes place after the equipment lease expires; or (2) “Bodily injury” or “property damage” arising out of the sole negligence of such additional insured.

2. The insurance provided to the “additional insured” is excess over any valid and collectible insurance available to such “additional insured”, unless you have a written contract for this insurance to apply on a primary or contributory basis.

J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS

1. Section II- Who Is An Insured is amended to include your “employees” as insureds with respect to “bodily injury” to a co-“employee" in the course of the co-”employee’s” employment by you, or to your “volunteer workers” while performing duties related to the conduct of your business, provided that this coverage for your “employees” does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business.

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Includes copyrighted material of Insurance Services Office, Inc., with its permission.

2. Section II – Who Is An Insured is amended to include your “volunteer workers” as insureds with respect to “bodily injury” to a co-“volunteer worker” while performing duties related to the conduct of your business, or to your “employees” employment by you, provided that this coverage for your “volunteer workers” does not apply while performing duties unrelated to the conduct of your business.

K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV - Commercial General Liability Conditions:

Notice of an “occurrence” or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the “occurrence” or offense has been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or any “employee” (such as insurance, loss control, risk manager or administrator) designated by you to give such notice.

Knowledge of any other “employee(s)” of an “occurrence” or of an offense does not imply that you also have such knowledge.

Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II – Who Is An Insured or an “employee” (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the “occurrence”, offense or claim may involve this policy.

L. UNINTENTIONAL OMISSION
The following is added to Paragraph 6., Representations, of Section IV- Commercial General Liability Conditions:

The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations.

M. LIBERALIZATION
The following is added to Section IV-Commercial General Liability Conditions:

Liberalization
After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state.

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Includes copyrighted material of Insurance Services Office, Inc., with its permission.

N. BLANKET WAIVER OF SUBROGATION
The following is added to Section IV-Commercial General Liability Conditions:

Waiver of Subrogation
We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; “your work”; or “your products”. We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss.

O. INCIDENTAL MEDICAL MALPRACTICE INJURY

1. For insurance applicable to this Article O, the definition of “bodily injury” in Section V - Definitions is amended to include, “Incidental Medical Malpractice Injury”.

2. The following definition is added to Section V- Definitions:
“Incidental medical malpractice injury” means “bodily injury”, mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services:
a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances;
c. First aid; or
d. “Good Samaritan Services”. As used in this Article O., “Good Samaritan Services” are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received.

3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any “employees” rendering “Good Samaritan Services” will be deemed to be acting within the scope of their employment by you.

4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A. – Bodily Injury And Property Damage Liability of Section I– Coverages:
[This insurance does not apply to:)
Willful Violation of Penal Statute
Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured.

5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a. through 2.d. above to any one person, will be considered one “occurrence”.

6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2. above.

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Includes copyrighted material of Insurance Services Office, Inc., with its permission.

7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy.

P. EXTENSION OF COVERAGE – BODILY INJURY
The definition of “bodily injury” Section V- Definitions is deleted in its entirety and replaced by the following:

3. “Bodily injury” means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time.

Q. COVERAGE TERRITORY
The definition of “coverage territory” Section V- Definitions is deleted in its entirety and replaced by the following:

4. “Coverage territory” means anywhere in the world.

This insurance does not apply to:
a. “bodily injury” or “property damage” that takes place; or b. “personal and advertising injury” caused by an offense committed outside the United States of America (including its possessions and territories), Canada and Puerto Rico, unless a “suit” on the merits (to determine the insured’s responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico.

This insurance does not apply to damage, loss, cost or expenses in connection with any “suit” brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

POLICY NUMBER: NBA-1003054-01 XIC 421 1013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

COVERAGE DESCRIPTION
A. Temporary Substitute Auto Physical Damage
B. Who Is An Insured

1. Broad Form Insured

2. Employees As Insureds

3. Additional Insured By Contract, Agreement or Permit

4. Employee Hired Autos
C. Supplementary Payments
D. Amended Fellow Employee Exclusion
E. Physical Damage Coverage

1. Rental Reimbursement

2. Extra Expense – Broadened Coverage

3. Personal Effects Coverage

4. Lease Gap

5. Glass Repair – Waiver Of Deductible
F. Physical Damage Coverage Extensions

1. Additional Transportation Expense

2. Hired Auto Physical Damage
G. Business Auto Conditions

1. Notice Of Occurrence

2. Waiver Of Subrogation

3. Unintentional Failure To Disclose Hazards

4. Primary Insurance
H. Bodily Injury Redefined
I. Extended Cancellation Condition
DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B XIC 421 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. Temporary Substitute Auto Physical Damage
SECTION I – COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following:

If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered “autos” for Physical Damage coverage:

1. Any “auto” you do not own while used with the permission of its owner as a temporary substitute for a covered “auto” you own that is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. “Loss”; or
e. Destruction.

B. Who Is An Insured
SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following:

1. Broad Form Insured
For any covered “auto”, any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization.

2. Employees As Insureds
Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow, in your business or your personal affairs.

3. Additional Insured By Contract, Agreement Or Permit
Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the “bodily injury” or “property damage” occurs subsequent to the execution of the written contract, agreement or permit.

4. Employee Hired Autos
An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee’s” name, with your permission, while performing duties related to the conduct of your business.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own:
(1) Any covered “auto” you lease, hire, rent or borrow; and (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name, with your permission, while performing duties related to the conduct of your business.

However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”.

C. Supplementary Payments
SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments is changed as follows:

Item (2) is deleted and replaced by the following:
(2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

Item (4) is deleted and replaced by the following:
(4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $500 a day because of time off from work.

D. Amended Fellow Employee Exclusion
SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply.

The insurance provided under this Provision D. is excess over any other collectible insurance.

E. Physical Damage Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following:

1. Rental Reimbursement
a. We will pay for rental reimbursement expenses incurred by you for the rental of an “auto” because of “loss” to a covered “auto”. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered “auto”. No deductibles apply to this coverage.
b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the “loss” and ending, regardless of the policy's expiration, with the lesser of the following number of days:

Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) The number of days reasonably required to repair or replace the covered “auto”. If “loss” is caused by theft, this number of days is added to the number of days it takes to locate the covered “auto” and return it to you. (2) Thirty (30) days.
c. Our payment is limited to the lesser of the following amounts:
(1) Necessary and actual expenses incurred.
(2) $50 any one day per private passenger “auto”;
$100 any one day per truck;
$1,500 any one period per private passenger “auto”;
$3,000 any one period per truck; or
Higher limits if shown elsewhere in this policy.
d. This coverage does not apply while there are spare or reserve “autos” available to you for your operations.
e. If “loss” results from the total theft of a covered “auto” of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension.

2. Extra Expense – Broadened Coverage
We will pay for the expense of returning a stolen covered “auto” to you.

3. Personal Effects Coverage
If you have purchased Comprehensive Coverage on this policy for an “auto” you own and that “auto” is stolen, we will pay, without application of a deductible, up to $500 for “personal effects” stolen from the “auto”.

As used in this endorsement, “personal effects” means tangible property that is worn or carried by an “insured”. “Personal effects” does not include tools, jewelry, money or securities.

4. Lease Gap
In the event of a total “loss” to a covered “auto” shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any:
(1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and
(5) Carry-over balances from previous loans or leases.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

5. Glass Repair – Waiver Of Deductible
No deductible applies to glass damage if the glass is repaired rather than replaced.

F. Physical Damage Coverage Extensions
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following:

1. Additional Transportation Expense
Sections a. and b. are amended to provide a limit of $50 per day and a maximum limit of $1,000.

2. Hired Auto Physical Damage
The following section is added:

Any “auto” you lease, hire, rent or borrow is deemed to be a covered “auto” for physical damage coverage. The most we will pay for each covered “auto” is the lesser of:
(1) the actual cash value;
(2) the cost for repair or replacement; or
(3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage.

For each covered “auto” a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply.

G. Business Auto Conditions
SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following:

1. Notice Of Occurrence
Section 2. – Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following:

If you report an injury to an “employee” to your workers’ compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply.

2. Waiver Of Subrogation
Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following:

However, this Condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the “accident” or the “loss” under such contract with that person or organization.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following:

3. Unintentional Failure To Disclose Hazards
The following condition is added:

Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy.

4. Primary Insurance
Condition 5. Other Insurance is changed by adding the following:

For any covered “auto” this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a “loss”.

H. Bodily Injury Redefined
SECTION V – DEFINITIONS, C. “Bodily injury” is replaced by the following:
“Bodily injury” means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

I. Extended Cancellation Condition
COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following:

The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason.

All other terms and conditions of this policy remain unchanged.

DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2021 Policy No. ZAWCI9437602 Endorsement No.

Premium INCL.

Countersigned By
Insured A PLUS TREE
Insurance Company ARCH INSURANCE COMPANY
DATE OF ISSUE:

WC 00 03 13
(Ed. 4-84)
 1983 National Council on Compensation Insurance.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
POLICY NUMBER: ZAWCI9437602

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO

RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN

CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO

DATE OF LOSS
☐
For policies or exposure in Missouri:

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

DocuSign Envelope ID: 3842FFF5-49A0-4055-9A81-B8C56588288B Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Monthly Financial Report for December 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.

See below for the December 2022 financial report.

December 2022 = 50.0% of the Fiscal Year
This December 2022 monthly financial report reflects Transient Occupancy Tax (TOT) collections through November 2022. TOT revenue continues to be healthy and total collections are just ahead of the percent of budget projection. Staff is expecting to see a decrease in TOT revenue over the next few months as the tourist season usually slows down during this time of the year and picks up again February/March.

In December, the Town received payment from Napa County for the first installment of property taxes. The sales tax receipts reflected in this report are applicable to July – October and collections are slightly above the percent of budget projection.

Fines & Forfeitures revenue is related to a late penalty and interest applied to a hotel that was late in reporting TOT. Intergovernmental revenue is made up of invoicing for LEAP and REAP grants that the Town has been awarded, as well as collection of Napa County Citizen’s Option for Public Safety (COPS) funding applicable through November.

Investment Earnings is faring better than expected due to the economic recovery in the second half of calendar year 2022 and has surpassed the conservative budget estimate.

General Fund department expenditures that appear to be higher than the percent of budget to date are either because of large payments that are due at the beginning of the fiscal year, such as the Public Works Government Buildings department paying for the annual liability and property insurance at the beginning of the fiscal year, or departments with programs that have higher activity towards the beginning of the year, such as the Parks & Recreation Camp Programs department paying for expenses related to Summer Camp.

Quite a few capital projects are underway, and all capital project funds are within budgeted amounts to date.

Water and Wastewater Enterprise Fund revenue show again that Interest Income is higher than originally anticipated. Enterprise Fund expenditure amounts are consistent with budget projections.

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
December 31, 2022
General Fund Revenues
The following is a summary of General Fund revenue by major category as of December 31, 2022.

December is 50.0% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,142,000 589,992 (1,552,008) 27.5% Note 2 Sales Taxes 1,640,000 563,558 (1,076,442) 34.4% Note 1
Other Taxes 158,000 18,502 (139,498) 11.7%
Transient Occupancy Tax 7,500,000 4,517,791 (2,982,209) 60.2% Note 3 Investment Earnings 20,000 20,162 162 100.8%
Licenses & Permits 185,250 113,998 (71,252) 61.5%
Fines & Forfeitures 8,000 36,284 28,284 453.5%
Rents & Concessions 337,000 196,642 (140,358) 58.4%
Intergovernmental 150,000 190,329 40,329 126.9%
Parks & Recreation Fees 202,500 135,322 (67,178) 66.8%
Charges for Services 181,000 50,753 (130,247) 28.0%
Miscellaneous 112,100 48,366 (63,734) 43.1%
Total 12,635,850 6,481,698 (6,154,152) 51.3%
Transfers: Budget Actual Variance % of Budget Note
Tourist Imp. Dist. (Fund 22) 12,500 6,316 (6,184) 50.5% Total - - (6,184) 0.0%
Note 1: Sales tax receipts lag 2 ½ - 3 months 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 within 30 days after the collection period.

TOWN OF YOUNTVILLE

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

December is 50.0% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 146,055 66,221 (79,834) 45.3%
Non-Departmental 1010 267,200 63,444 (203,756) 23.7%
Town Manager 1101 580,534 351,076 (229,457) 60.5%
Information Technology 1011 - - - 0.0% Note 1
Community Promotion 1015 411,143 177,258 (233,885) 43.1% Finance 1102 772,198 329,395 (442,803) 42.7%
Risk Management 1103 78,350 16,580 (61,770) 21.2%
Town Attorney 1105 204,710 97,421 (107,289) 47.6%
Town Clerk 1110 609,543 176,052 (433,491) 28.9%
Planning & Building 2115 1,174,875 538,290 (636,584) 45.8% Law Enforcement Services 3200 1,232,873 616,187 (616,687) 50.0% Fire & Emergency Services 3201 759,022 - (759,022) 0.0% Note 2 PW Admin. & Engineering 4301 845,614 384,064 (461,549) 45.4% PW Street Maintenance 4305 432,595 198,599 (233,996) 45.9% PW Park Maintenance 4320 678,472 322,050 (356,422) 47.5% PW Government Bldgs. 4325 559,251 339,602 (219,648) 60.7% Parks & Rec Admin & Services 5405 542,831 282,888 (259,943) 52.1% Parks & Rec Camp Programs 5406 177,052 118,234 (58,818) 66.8% Community Center 5408 329,521 141,592 (187,929) 43.0%
Parks & Rec Leisure Prog. 5410 337,636 160,827 (176,809) 47.6% Parks & Rec Sports Prog. 5412 68,871 37,129 (31,742) 53.9% Parks & Rec Community Events 5413 199,408 113,407 (86,002) 56.9% Yountville Arts 5415 103,971 19,392 (84,578) 18.7%
Total Expenditures 10,511,723 4,549,708 (5,962,016) 43.3% Transfers Out:

OPEB-Employee Retiree Ben. 7902 100,000 100,000 - 100.0% PERS UAL 7903 750,000 750,000 - 100.0%
Emergency Reserve Fund 7904 400,000 400,000 - 100.0%
Revenue Stabilization Fund 7905 500,000 500,000 - 100.0% Util Ent Project Comm Fund 7906 1,650,000 1,650,000 - 100.0% Capital Projects Fund 7950 1,050,000 1,050,000 - 100.0% Water Capital Fund 7960 888,668 888,668 - 100.0%
Facility Replacement Fund 7981 350,000 350,000 - 100.0% Fleet/Equip Replacement Fund 7982 200,000 200,000 - 100.0% Housing Opportunity Fund 7970 71,600 - 71,600 0.0%
T.O.Y. Community Foundation 7985 - - - 0.0% Note 3
Water Subsidy 7961 4,000 - 4,000 0.0%
Wastewater Subsidy 7962 4,000 - 4,000 0.0%
2017 Lease Rev. Debt Service 7954 550,000 550,000 - 100.0% 2020 Lease Fin. Debt Service 7955 573,000 573,000 - 100.0% Total Transfers Out: 7,091,268 7,011,668 79,600 98.9%
Note 1: Allocations of information technology are made to each department so no expenses are shown for program.

Note 2: Payments for Fire & Emergency Services are typically made bi-annually, in January and June.

Note 3: Transfer to TOYCF represents excess revenue collected from art sales. * Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2022/2023 budget adjustments

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
December 31, 2022

CAPITAL PROJECTS
Expenditures Budget * Actual Variance % of Budget
Resurface Community Center Gym Flooring CF-0013 50,000 39,290 (10,710) 78.6% Replace Roofs on Bus Shelter CF-0026 100,000 - (100,000) 0.0% Community Hall Auto Switch CF-0028 148,330 148,330 - 100.0% Paint Town Hall Interior CF-0029 25,000 - (25,000) 0.0% Replace Epic Lawn with Artificial Turn CF-0030 100,000 - (100,000) 0.0% GIS Mapping Improvements CP-0007 58,000 11,747 (46,253) 20.3% ADA Accessibility Improvements: Forrester Park/Three
Weirs Park CP-0018 137,120 5,217 (131,903) 3.8%
Installation of EV Charging Stations CP-0021 34,000 - (34,000) 0.0% Community Center Tile and Drain Replacement CP-0022 50,000 50,000 - 100.0% Community Center Restrooms CP-0023 15,000 - (15,000) 0.0% Community Hall / Center Painting CP-0025 55,000 55,470 470 100.9% EV Charging Stations and Fleet CP-0028 200,000 - (200,000) 0.0% ADA Accessibility Improvements Program CP-2023 116,000 55,800 (60,200) 48.1% Hydroflush Weirs from Finnell to Beard Ditch DF-0018 25,000 - (25,000) 0.0% Town Wide Drainage and Erosion Program DF-2023 19,500 5,248 (14,252) 26.9% Paving Projects - Plan, Specs, and Engineering GT-3023 98,828 - (98,828) 0.0% Annual Street Maintenance & Paving Program MT-3023 534,460 332,755 (201,705) 62.3% New Vineyard Park Path Construction PK-0025 50,000 - (50,000) 0.0% Replace 2003 Chevrolet 2500HD PK-0028 60,000 - (60,000) 0.0% Replace 2013 Chevrolet 2500HD PK-0029 60,000 - (60,000) 0.0% Curb, Gutter, and Sidewalk Replacement SB-6023 66,000 - (66,000) 0.0% Surveys and Monuments ST-0004 24,698 3,266 (21,432) 13.2% Traffic Calming Program ST-4023 17,500 - (17,500) 0.0%
Total 2,044,436 707,124 (1,337,312) 34.6%
Expenditures - Water & Wastewater Budget * Actual Variance % of Budget Upgrade SCADA System Emergency Well to Operational Well WA-0018 140,000 12,975 (127,025) 9.3% Hydrant Repair and Replacement WA-0021 15,000 1,261 (13,739) 8.4% Clay Valve Rebuild at Finnell Rd & Yount / Finnell Rd & Yville XRd WA-0022 8,000 8,000 - 100.0%
Water Meter Replacement Program WA-2023 30,500 951 (29,549) 3.1% Joint Treatment Plant Office Modernization Project WW-0011 859,445 13,400 (846,045) 1.6% SCADA Controls WW-0012 52,387 - (52,387) 0.0%
Clean and Inspect Primary and Secondary Digester WW-0020 35,000 - (35,000) 0.0% Safety Net and Safety Hinged Doors at Hand Well Access WW-0032 20,000 - (20,000) 0.0% Pump Station Assessment and Capacity Evaluation WW-0033 40,000 - (40,000) 0.0% WWTP Basin Assessment, Maintenance, and Repair WW-0034 300,000 - (300,000) 0.0% Inflow and Infiltration Reduction Program (A-Line) WW-2023 427,172 329,576 (97,596) 77.2% Sewer Main Replacement and Repair Program WW-3023 88,500 - (88,500) 0.0% Plant Equipment Replacement Program WW-4022 - - - 0.0%
Plant Equipment Replacement Program WW-4023 81,500 15,716 (65,784) 19.3% Town Pump Station Equipment Replacement Program WW-5023 13,500 - (13,500) 0.0% Total 2,111,004 381,879 (1,729,125) 18.1%
* Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2022/2023 budget adjustments.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
December 31, 2022
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 130,800 65,870 (64,930) 50.4% Interest Income 2,000 1,326 (674) 66.3%
Transfers from General Fund (01) 888,668 888,668 - 100.0% Total Revenues 1,021,468 955,865 (65,603) 93.6%
Capital Improvement (60-4500) 275,449 79,271 (196,178) 28.8% Total Expenses 275,449 79,271 (196,178) 28.8%
Net Operating Income/(Loss) 746,019 876,593 130,574
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,650,450 816,806 (833,644) 49.5%
Interest Income 200 1,061 861 530.6%
Transfer-Water Subsidy (01) 4,000 - (4,000) 0.0%
Total Revenues 1,654,650 817,867 (836,783) 49.4%
O & M Expenses (61-4505) 752,035 347,440 (404,594) 46.2% Water Purchases (61-4507) 1,163,495 385,346 (778,149) 33.1% Total Expenses 1,915,530 732,786 (1,182,744) 38.3%
Net Operating Income/(Loss) (260,880) 85,081 345,961
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,758,000 1,213,221 (1,544,779) 44.0% Interest Income 3,500 1,618 (1,882) 46.2%
Transfer-Wastewater Subsidy (01) 4,000 - (4,000) 0.0%
Total Revenues 2,765,500 1,214,840 (1,550,660) 43.9%
-
WW Collection (62-4510) 476,515 204,029 (272,487) 42.8% WW Treatment (62-4515) 1,433,305 684,642 (748,662) 47.8% Transfer to Capital (63/64) 800,000 - (800,000) 0.0%
Total Expenses 2,709,820 888,671 (1,821,149) 32.8%
Net Operating Income/(Loss) 55,680 326,168 270,488
JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Revenues System Replacement Fees 216,000 112,247 (103,753) 52.0% Revenues Capital Recovery Vets 767,250 50,000 (717,250) 6.5% Interest Income 7,500 10,698 3,198 142.6%
Transfer from Wastewater Operating (62) 200,000 - (200,000) 0.0% Total Revenues 1,190,750 172,945 (1,017,805) 14.5%
WW Joint Treatment Plant (63-4518) 1,757,993 311,649 (1,446,345) 17.7% Total Expenses 1,757,993 311,649 (1,446,345) 17.7%
Net Operating Income/(Loss) (567,243) (138,704) 428,540 WASTEWATER UTILITY CAPITAL FUND (64) Budget Actual Variance % of Budget Transfer fr WWtr Operating (62)/JT Cap Fund (63) 600,000 - (600,000) 0.0% Interest Income 2,000 2,159 159 108.0%
Total Revenues 602,000 2,159 (599,841) 0.4%
-
WW Capital Improvement (64-4519) 661,172 366,415 (294,757) 55.4% Transfer to Debt Service (55) 29,991 29,990 (1) 100.0%
Total Expenses 691,163 396,405 (294,758) 57.4%
Net Operating Income/(Loss) (89,163) (394,246) (305,083) Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8A
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Conduct Applicant Interviews to Consider the Appointment of a Qualified Elector to the Currently Vacant Town Council Seat.

DISCUSSION/BACKGROUND
At the December 6, 2022 Town Council meeting, staff presented the Town Council options to fill the vacant Council seat resulting from former Council Member Margie Mohler succeeding to the Mayoral seat. The Town Council directed staff to begin the appointment process and staff created a Notice of Vacancy which was posted on December 15, 2022.

The process for the appointment will be as follows:
• Conduct applicant interviews in alphabetical order of the four applicants with a maximum time of 15 minutes for each.
o Provide brief opening statement of qualifications.
o Answer Council questions.
• Hold Public Comment at the conclusion of the interviews. o Staff will provide names of person that provide public comment and their support. All public comments submitted are included as attachments to this item. o Open public comment to the audience present.
• Council will deliberate and consider voting to appoint one of the applicants. • If an appointment is made, Town Clerk will administer the Oath of Office and install the new Council Member, or;
• Council may decide not to make an appointment at choose to continue discussion at another meeting or request a special meeting to Call a Special Election.

The Town Council will interview the following applicants to consider the appointment of a qualified elector to the currently vacant seat in the Town Council. The following individuals submitted an application:
• Robert Moore
• Scott Owens
• Pam Reeves
• Dr. Doug Yarris

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. By appointing a new Council Member, all Town Council will be filled allowing the Town to continue efficient operations of the Town.

RECOMMENDATION
Conduct applicant interviews.

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Scott J. Owens
(707) 948-6384 | [email protected]
Dedicated professional with over 25 years of experience in administration and philanthropy. My background includes partnering with executive leadership for effective management of key organizational functions, working with cross-functional teams to facilitate organization-wide projects, and managing grant portfolios. I am seeking a role in which I can combine my leadership, personal values, and service skills to support and empower communities.

WORK EXPERIENCE
California Health Care Foundation — Executive Assistant to the President 2014–present Primary contact for the executive office of this statewide organization dedicated to advancing improvements in the way the health care delivery system provides care to the people of California. • Manage records, communications, and correspondence for executive office • Prepare board and committee meeting agendas, minutes, resolutions, committee charters, and board attendance reports, and manage related technology
• Manage annual conflict of interest disclosure process for board members and senior staff, work with finance department and external auditors on records retention and related federal tax reporting • Coordinate speaking engagements, media contacts, and press release review for CEO and board of directors with external engagement team
• Research emerging technology and recommend purchasesto executive, operations management, and information technology teams
• Manage outside consultant and general counsel relationships with executive office • Coordinate annual board survey with CEO, general counsel, and governance committee • Administer day-to-day functions of executive office and monitor operations budget • Manage grantmaking budgets for projects totaling $1.6 million, co-chaired Community Action Fund staff grantmaking committee
• Led analysis, selection, and implementation of web-based board management software for records and information systems, and currently train end users and partner organizations San Francisco Foundation — Executive Assistant to the CEO 2004–2014 Assisted CEO of this foundation for community investment in five San Francisco Bay Area counties, facilitated continuous workflow for executive office.
• Managed budget and administration of grant portfolios totaling $1.4 million for CEO and trustees • Managed board meeting process, including copyediting, agenda development, logistics, and records • Supported trustees engaged in foundation activities, and conducted research in advance of CEO’s public speaking engagements
• Implemented and maintained online portal and content management system for board meetings • Represented executive office during software and technology system conversions • Interim donor relations officer and philanthropic advisor to key clients Corporation for Supportive Housing (CSH) — Office Manager, Assistant to Director 2002–2004 Assistant to the Director of the California program forthis nationwide housing services organization. Scheduled inter-office meetings, managed correspondence, monitored budget, processed accounts payable, trained support staff, and planned events. Additional responsibilities included operational set-up of Los Angeles office.

Scott J. Owens Page 2
Social Entrepreneurs Alliance — Office Manager, Executive Assistant to CEO 2000–2002 Assisted CEO in identifying directors, hiring executive staff, analyzing employee benefits, and formulating a strategic plan. Coordinated board meetings, monitored budgets, and managed operations for this national nonprofit internet start-up connecting social entrepreneurs with social investors.

Omega Boys Club of San Francisco — Office Manager, Assistant to Executive Director 1996–2000 Assisted executive director of this youth development, violence-prevention organization. Managed facilities in conjunction with San Francisco Unified School District, processed accounts payable for scholarship recipients, maintained fund development database. Trained support staff and volunteers.

EDUCATION
University of San Francisco, School of Management 2015–2017 B.S., High Honors, Management, August 2017; Dean’s List, Alpha Sigma Nu, Beta Gamma Sigma City College of San Francisco 2004–2014
A.A. Arts and Humanities and A.S. Social and Behavioral Sciences, December 2014 University of New Orleans and Louisiana State University 1986–1989 Liberal Arts focus: Louisiana History, French, and Creative Writing VOLUNTEER ACTIVITIES and APPOINTMENTS
2021–present
2018–2020; 2021–present
2021–present
2014–2021
2022–present
The Town of Yountville Community Foundation, Member, Board of Directors Napa Valley Transportation Authority Citizen Advisory Committee Friends of the Yountville Library, Member, Board of Directors Napa County Library Commission, Yountville Representative First Presbyterian Church of St. Helena, Elder, Clerk of Session

CERTIFICATION AND TRAINING
• California Notary Public, Commission #2411947
• Leadership Napa Valley, Class 31
• Licensed Qualifier for Building Construction, Business and Law, Louisiana State Board for Contractors • Harassment Prevention for California Employees
• Fair Political Practices Commission Ethics Training
• Negotiations and Influence Workshop
• Exploring Issues of Class and Classism
• Radio Operator for Emergency Communications
• Speech Skills Workshop: Projecting Credibility and Confidence • Editorial and Copyediting Certificate, UC Berkeley Extension • Violence Prevention Training, The Omega Institute
PROFICIENCIES:

Adobe Acrobat Pro, DocuSign, Microsoft Office Suite, Salesforce, SharePoint, Smartsheet, and Zoom

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Mayor and Yountville Town Council Members:

Thank you for the opportunity to apply for the vacant seat on the council. I do not take this application lightly and realize that the council has a lot of work ahead of it.

I am excited at the prospect and possibility of serving the community on this council and assist in making the very important decisions that are on the horizon for Yountville.

I look forward to meeting you in person to answer any questions you might have to follow up on my application.

Sincerely,
Pam Reeves

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Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8B
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Public Comment Regarding Applicant Interviews.

DISCUSSION/BACKGROUND
On January 17, 2023, the Town Council will hold applicant interviews to consider a qualified elector to fill the currently open seat in the Town Council. The Council invites the public to provide public comment regarding the applicants during this section item via email at [email protected], by submitting comments via the HTML agenda using the public comment speech bubble feature, or in person.

Staff will first present all electronic public comments received by providing the name of the submitter and sharing the name of the applicant they support.

The Mayor will then open the floor to receive public comment from the audience. Members of the public will be allowed 3:00 minutes to provide public comment per the Town Council protocols.

The applicants being considered to fill the vacant seat in the Town Council are:
• Robert Moore
• Scott Owens
• Pam Reeves
• Dr. Doug Yarris

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? Yes

Briefly Explain Relationship to Strategic Plan Goal and Objective. By receiving public comment, residents provide valuable input to help the Council in the potential appointment of a new Town Council member.

RECOMMENDATION
Receive public comment regarding the applicant interviews.

From: Arik Housley
To: Public Comment
Subject: [EXTERNAL] Doug Yarris endorsement
Date: Tuesday, January 10, 2023 2:19:58 PM
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
To Whom It May Concern:

I have known Doug Yarris for over 20 years and would feel he has a pulse on the Yountville community as being a resident for decades. He is a nice man and will listen to the community in order to make the best decisions possible. I am a firm believer that we will never agree with everyone, all the time. We need to trust in leaders to listen and try their best to decide for today, tomorrow and 10 years from now. I believe Doug has the patience, intelligence and know how to be a great consideration for the open seat on the council.

Please feel free to contact me if you have any questions or concerns.

Arik Housley, Owner
Ranch Market Yountville
From: Ashley Heisey Tenscher
Sent: Monday, January 9, 2023 8:28 AM
To: Margie Mohler; Eric Knight; Hillery Trippe; Robin McKee-Cant Cc: Eddy Gomez
Subject: [EXTERNAL] Recommendation for Scott Owens
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Council,
We recommend that the current Yountville Town Council appoint Scott Owens to fill the vacant council position. We have worked alongside Scott in his service positions as Yountville’s Library Commissioner, Board Member of Friends of the Yountville Library and member of the Napa Valley Transportation Authority Citizen Advisory Committee. Many town voters endorsed Scott with their votes in the recent election. In our experience, he brings readiness and engagement to his volunteer commitments.

Sincerely,
Alan and Ashley Tenscher
6740 Jefferson St, Yountville
From: Ashley Heisey Tenscher
To: Margie Mohler; Eric Knight; Robin McKee-Cant; Hillery Trippe Cc: Eddy Gomez
Subject: [EXTERNAL] Recommendation for Pam Reeves
Date: Monday, January 9, 2023 4:41:18 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Council,
Shortly after sending our previous email, we learned that Pam Reeves applied for the vacant council seat. We admire Pam's previous service to the council and her history of participation in local matters. We recommend that the current Yountville Town Council appoint either Pam Reeves or Scott Owens to fill the vacant council position.

Sincerely,
Alan and Ashley Tenscher
6740 Jefferson St, Yountville
To the Council:

We have lived in Yountville for over 20 years, and, in that time, we have seen the Town change from a locals’ place with a few hotels for the tourists, to a mecca for the well-heeled. Along the way, we have seen local politicians come and go. Some are climbing a political ladder, and see the Council as a step up. Others have local interests at heart, and want to help the residents to have a warm and supportive community.

We have heard many candidates speak about why they are running, and what they hope to accomplish, but only Scott Owens has already demonstrated his commitment to helping our town:
- Scott is a graduate of Leadership Napa Valley (Class 31). - He has been serving as a volunteer on various committees ever since moving here, and has a total of over 25 years of experience in serving the communities where he has lived. - His knowledge of the Town operations is broad and detailed, so his suggestions are based on local facts, not grand concepts.
- From his first year in Yountville, Scott Owens has been working “in the trenches” to understand what works and what needs help from our Council. He did his homework, and put in his service, and is truly ready to help guide our town.

Please appoint Scott Owens to the Town Council.

Thanks,
Carl and Angie Johnson
Yountville
From: CAROL FINK
To: Public Comment; Eddy Gomez
Subject: [EXTERNAL] COMMENT TO COUNCIL
Date: Monday, January 9, 2023 3:58:20 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Yountville Town Council,
I would like to endorse Scott Owens for the vacant Yountville Town Council position. I have known Scott for more than seven years. We served together on the Friends of the Yountville Library Board of Directors, and I attended numerous Napa County Library Commission meetings where Scott served as a commissioner and chair of the commission. I have come to know Scott as an accomplished leader. Scott is a good listener. He is always friendly, polite, and considerate and has a genuine interest in serving his community. Scott is a reasonable person and understands that the Yountville Community of more than 3,000 residents has diverse opinions and priorities. Scott has demonstrated his leadership on the Napa County Library Commission by listening to a variety of sometimes conflicting opinions and carefully considering and choosing the best one for the common good of the community. We all know that one cannot listen to every opinion and make a decision that satisfies everybody. Please make sure that important decisions made by the Yountville Town Council will be made in favor of the common good and do not simply indulge a small group with special interests by choosing Scott Owens to fill the vacant council seat.

Scott Owens would be an outstanding Yountville Town Council member.

Sincerely,
Carol Fink
From: Carole Arcellana
Sent: Wednesday, January 11, 2023 11:46 AM
To: Margie Mohler; Eric Knight; Hillery Trippe; Robin McKee-Cant Subject: [EXTERNAL] Town Council Appointment
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
Dear Yountville Council Members,
(*My hope that this email finds you and yours safe during these storms!) As a resident of Yountville, I am writing this email to voice my support for the appointment of Pam Reeves as Council Member in the upcoming Town Council meeting.

My thoughts on supporting Pam as the appointed council member are based upon a thorough examination of her stand on local issues. I find of greatest importance her desire for better council transparency with emphasis on input from local residents, and her willingness to listen and consider the concerns of residents when making decisions.

Pam has a thoughtful and considerate approach to balancing resident interests with business interests that I find represents my views.

I appreciate that we have several excellent choices for this appointment, but my hope is that Pam Reeves will receive the majority of support to fill this position and help lead the town in the best possible direction.

Sincerely,
Carole S Arcellana
From: Holly Hansen
Sent: Tuesday, January 10, 2023 12:05 PM
To: Margie Mohler; Eric Knight; [email protected]; Hillery Trippe Subject: [EXTERNAL] Council Member Vacancy
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
I understand that Pam Reeves has applied for the Town Council vacancy. Pam’s qualifications are many and they were detailed in the letters and related materials during the recent campaign. In short, she has a true love for Yountville and has incredible knowledge of the town. Her thoughtful intelligence in evaluating issues and her years as a resident here would be valuable on the Council. Her past experience on the Council is also a big asset. The votes she received in the election show that her values and ideas resonated with many residents. I’d like to urge you to appoint Pam Reeves to the vacant Town Council Member position.

Thank you,
Holly Hansen
3 Heritage Ct.

From: Janet C.

Sent: Monday, January 9, 2023 11:02 PM
To: Margie Mohler; Eric Knight; Hillery Trippe; Robin McKee-Cant Subject: [EXTERNAL] Pam Reeves for Council
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Mayor Mohler and Councilmembers Knight, McKee-Cant, and Trippe, I’m writing to ask you to support the appointment of Pam Reeves to the open Council seat ~ I sincerely believe she would be the best and most prudent choice for that position.

I’ve known Pam for close to three decades and am confident that she is the most qualified candidate in her experience, knowledge, and love of our Town.

Anyone who knows Pam has experienced her intelligence and wonderful ability to listen and work respectfully with others. That is one of the reasons she garnered the respectful number of votes for Mayor of our Town as she did in our recent election.

Pam will pragmatically balance residents’, business’, and the Veterans’ perspectives. She will see the big picture and distill the facts down to the root of the issue. Pam has the qualities of collegiality, patience and grace, as well as being fair-minded, and an open and honest communicator. Her knowledge of our Town’s history will make her a great addition to the Council. I hope you will agree with me and appoint Pam Reeves.

Thank you.

Most sincerely,
Janet Clare-Gotch
From: John Dorenbecher
Sent: Wednesday, January 11, 2023 12:16 AM
To: Margie Mohler
Subject: [EXTERNAL] [SPF ERROR] Pam Reeves for Town Council *** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
Dear Mayor and Council Members,
I am writing to endorse Pam for appointment to the Yountville Town Council.

Pam has the experience, intelligence, and love for the town to make a real and lasting contribution to our town.

Sincerely,
John Dorenbecher
January 17, 2023
Mayor Mohler and Council,
As you consider your appointment to fill the two-year vacancy on Council, I believe it’s critical to select an individual who has a proven commitment to positive community engagement and support for the residents, businesses and visitors who make Yountville “The Heart of the Napa Valley”.

Yountville has taken major strides forward in recent years, investing significantly in our parks and recreation, infrastructure, the arts, environment and climate initiatives, resident benefits, and a sustained recovery from the economic impacts of the global pandemic. We need continued leadership that values the hard work and partnerships necessary to provide core services and initiatives for our residents and business owners. That only can be achieved with a balanced and contemporary perspective about how to use our Town’s foundation to shape our future.

For more than 20 years, Doug Yarris has been a Yountville resident, has raised and educated his family here, and has partnered in one of our longest-operating and bestknown local businesses – Hope & Grace Wines. Doug has participated frequently in town events, both personally and as a business owner. He also has generously supported local non-profits and other Yountville businesses, all of which reinforces his commitment to Yountville’s vitality and sense of community. I respect that after a long career in dentistry and years of philanthropy throughout the Bay Area, Doug is offering to commit his diverse background and experience in public service on the Town Council. In my opinion, Doug is the best choice for appointment to the Council vacancy.

Scott Owens also has shown a commitment to serving our Yountville community and participating regularly in Town activities. For several years as a Town representative on County library and transportation commissions, Scott has shown a competency and perspective that has benefitted the Town. I believe Scott also would add value and a positive attitude if appointed to the open Council seat.

I encourage you to appoint the person that will best complement all of you by serving with honesty, integrity, knowledge and a personal commitment to representing the interests and values of our entire Yountville community. In my opinion, Doug and Scott are the only two candidates that have demonstrated all of these characteristics and are worthy of your consideration.

Sincerely,
John F. Dunbar
Yountville
From: Kevin Yarris
To: Public Comment
Subject: [EXTERNAL] Fwd: Support for Doug Yarris for Town Council Date: Tuesday, January 10, 2023 9:14:43 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

I am writing to you to express my sincere support for Douglas Yarris for appointment to the Town Council.

Having served for over thirty years for your neighbor, the County of Yolo, I am deeply aware of what makes a successful leader in local government as a public servant. Doug has those qualities.

Seventeen of my public service years were as a Department Head leadership role. I worked for, and with, dozens of elected Board of Supervisor members, our District Attorney, Sheriff, Judicial Council, seven County Administrators and many community-based groups. In those years I oversaw Information Technology, Facility Management and Construction, the Parks Department, the county airport, the Purchasing Division, Veteran’s Services and served in several leadership roles in Emergency Operations.

Local government is where the real work happens. Whether it is public safety, public works, health and human services, or land use issues, the rubber meets the road in your neighborhood. Doug is a product of your neighborhood. A lifetime resident of Napa County and thirty two years living in Yountville, Doug is keenly aware of the issues facing your amazing town. As a small business owner, he knows the struggle of balanced budgets, staffing, capital expenditures and your constituent’s needs.

Doug also has the intangible interpersonal skills that are critical to success in a local government leadership role. He listens to others and is genuinely interested in their own stories. He has a calm, approachable and inquisitive demeaner, especially in difficult and trying times. He isn’t afraid to speak his mind and stand his ground on those issues he feels are crucial to the future of his community. As a coach in sports, Doug knows what makes a great team; everyone plays their role and contributes and diversity of background, thought and approach makes the team better. As a health care professional, he knows how people should, and want to be, treated.

Doug is part of a multigenerational family in Napa County and has raised his family in Yountville with his wife, Tiffani. He has been involved in little league in Yountville for years and can frequently be found pouring wine at charitable events with Hope & Grace Wines.

I cannot think of a better person to represent the town he loves so much than Doug Yarris. I appreciate your time and consideration in having Doug join your team for the future of Yountville.

Sincerely,
Kevin Yarris
Director of General Services (retired)
County of Yolo
Dear Yountville Council,
I would like to support Pam Reeves for Yountville Council in next two years.

She provides her experience and knowledge as her interest and love to town of Yountville.

Best regards,
Marico Chigyo
From: Peter Jacobsen
To: Public Comment
Subject: [EXTERNAL] [SPF ERROR] Letter in support of Doug Yarris for appointed Town Council Member Date: Tuesday, January 10, 2023 2:38:01 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Town Council Members and Mayor Mohler,
This email is in support for my friend and fellow Yountvillian, Doug Yarris, to be appointed to the
Council position vacancy created by the selection of Marjorie Mohler as Town Mayor.

I have known Doug as a friend and a colleague for many years and I have also known him as
a fellow citizen in the Town of Yountville as well. He is a very capable dentist and businessman.

He is also a long-time and knowledgeable member of several Boards of prestigious universities,
Stanford and The University of the Pacific Arthur A Dugoni School of Dentistry.

All of these positions have provided him hands-on experience and an on-going education in managing
and planning for the future. A concept and a skill set that must constantly be in the minds of Town Council Members.

I also know that he is dedicated to Yountville and it's citizens. He has participated in civic activities and his and
his wife's business, Hope and Grace Winery, has contributed wine to many a worthy cause to benefit the Town and
all that live here.

Doug is also a good and empathic listener, honed by years of working with and taking care of his dental patients and
also his wine club members. Listening being a much needed skill to be able to translate citizen hopes, dreams and, often
demands and complaints, into action that will benefit all.

I have high hopes he will be our newly appointed Yountville Town Council Member. sincerely, Peter Jacobsen
Citizen of Yountville
22 Tallent Lane
Yountville, CA 94599
415 205 7405 cell
From: Rob Stout
Sent: Thursday, January 12, 2023 3:06 PM
To: Margie Mohler <[email protected]>; Eric Knight <[email protected]>; Hillery Trippe <[email protected]>; Robin McKee-Cant <[email protected]> Cc: Steve Rogers <[email protected]>
Subject: [EXTERNAL] Scott Owens For Town Council
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Town Council,
I would like to ask that you appoint Scott Owens to the recently vacated position on the Town Council.

I've known Scott for several years and consider him a friend. I thought his presentation at the Election Forum last year was excellent and succinctly illustrated a knowledge of the town, the issues we face and an understanding of how government functions.

Scott has also demonstrated his commitment to the Town by serving on the Napa County Library Committee, Napa Valley Transportation Authority, the Yountville Community Foundation and more.

Finally, in the last election 487 Yountville residents voted for him to be on the Council.

I hope you will agree with those folks and appoint Scott to the Town Council.

Sincerely,
Rob Stout
116 Champagne Drive
From: Ryan Hill
To: Public Comment
Subject: [EXTERNAL] Support for Doug Yarris
Date: Wednesday, January 11, 2023 11:20:10 AM
Attachments: image003.png
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Council Members and Mayor Mohler –
My name is Ryan Hill and I have been a longtime resident and business owner in the Town of Yountville dating back to 1981.

I am delighted to hear that Doug Yarris is running for Town Council and want to give my full support for him to be selected. The Yarris family and my family have a lot in common as we have owned and operated our wine businesses in Yountville since the early 2000’s, which is rare considering how many newcomers now occupy businesses in Yountville. Doug and his wife Tiffany have raised their family in Yountville and have a strong understanding of how this town has functioned, and what needs to be done in the future to help preserve its relevance and legacy.

I encourage everyone in town to make an effort to meet with Doug and gain a better understanding of why he is the right candidate to fill the vacant seat at the Town Council.

Sincerely,
Ryan C. Hill
Hill Family Estate
Proprietor
6512 Washington Street
Yountville, CA 94599
O: 707.944.9580
C: 707.363.7513
From: Thurlow Washam
To: Public Comment
Cc: [email protected]
Subject: [EXTERNAL] Recommendation letter for Doug Yarris —For Town Council Yountville Date: Thursday, January 12, 2023 1:14:28 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

To whom it may concern,
I have known Doug Yarris for many years, and I can confirm that he would be an excellent addition to the Yountville Town Council.He is smart, generous, and kind.Over the years, I have watched Doug work tirelessly, both in sweat equity and in sharing his knowledge, for numerous local and national causes.Doug has been a Yountville resident for over 30 years and he has operated his winery, Hope & Grace, for over 20 years.Hope & Grace has a tasting room downtown, so Doug is very familiar with both the downtown business community and the hospitality industry, which generate approximately 70% of the Town’s General Fund Revenues in the form of transient occupancy taxes and sales taxes.As a local resident, he also has an appreciation for the needs of the Town’s permanent residents.Consequently, he will have a firm foundation in balancing the needs of residents, tourists, and the business community while serving on the Town Council.

Regards,
Thurlow
Thurlow Washam
Vice President of the Board of Trustees
The Napa Valley Museum Yountville
c 415-572-9518
January 11, 2023
Dear Mayor Mohler:

We would like to add our names to those who are recommending that Scott Owens be selected to fill the vacancy on the Town Council created by the recent election.

Since moving to Yountville, Scott has shown his civic commitment by serving Yountville as representative on the Napa County Library Commission and the Napa Valley Transportation Authority Citizen Advisory Committee and is currently active with the Yountville Community Foundation as a member of the Board of Directors. Additionally, we believe his amount of support in the community is exemplified by the fact that his vote total for council in the last election was only 14 votes short of that tallied by the losing mayoral candidate.

Scott is a sincere, thoughtful, attentive and courteous gentleman who would bring an added new voice and vision to the Council.

Sincerely,
Tom and Carol Shirmang
From: Jeff Virnig
To: Public Comment
Subject: [EXTERNAL] [SPF ERROR] Doug Yaris
Date: Friday, January 13, 2023 5:10:12 PM
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
I am writing to you today to endorse Doug Yaris for the town council board member position. Doug has been a pillar of the community over these many years, and an all around stand up person.

Thank you for your consideration.

Sent from my iPhone
From: Vicki Virnig
To: Public Comment
Subject: [EXTERNAL] Doug Yarris for Town Council Board
Date: Friday, January 13, 2023 5:37:30 PM
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
To whom it my concern,
Doug Yarris would be a true asset as a member of Yountville’s Town Council Board. Over the past 15 years I witnessed his dedication to parenting, education and community involvement with Younville Little League. When I worked with him as he volunteered for Yountville Little League I was able to see first hand his positive attitude, work ethic, and willingness to do what was asked of him. He was a good listener, problem solver, able to work with a variety of peoples personalities, stay positive and get the job done. He will add great value to the Council Board.

Thank You,
Vicki Virnig
Sent from my iPhone
Sent from my iPhone
January 17, 2023
Mayor Mohler & Town Councilmembers
Town of Yountville
6550 Yount Street,
Yountville, CA 94599
Re: Letter of Support for Dr. Doug Yarris for Yountville Town Council Vacancy Dear Mayor Mohler and Town Council members,
I am writing to recommend Dr. Doug Yarris for the vacancy on the Yountville Town Council. I have known Dr.

Doug since we were first graders at Vichy Elementary School in Napa. Our paths have crossed our entire lives and Dr. Doug Yarris has always been an intelligent and thoughtful leader with a high degree of integrity and is a great listener.

Dr. Yarris has decades of experience on prestigious boards and as a result he has had a lifetime of making decisions that determine the outcome and future of very large institutions. Dr. Yarris has won many awards, including being in the Napa Valley College Hall of Fame and the Vintage High School Hall of Fame. He has the right skillset and mindset to represent the people of Yountville townspeople. He has devoted his whole life to the Napa Valley from attending Napa Valley schools, volunteering decades of community service helping out with a variety of Napa Valley fundraising efforts and mentoring thousands of Napa Valley students.

Thank you in advance for considering Dr. Doug Yarris as your next Yountville Town Council member.

Please feel free to contact me if you have any questions at (707) 224-1990.

Thank you for your consideration,
Senator 3rd District
CHAIR: SENATE GOVERNMENTAL ORGANIZATION COMMITTEE

STATE CAPITOL
PO BOX 942849
SACRAMENTO, CA 94249
Ph (916) 651-4003
Fax (916) 651-4903

COMMITTEES

GOVERNMENTAL ORGANIZATION

BUSINESS, PROFESSIONS AND

ECONOMIC DEVELOPMENT

TRANSPORTATION AND HOUSING

INSURANCE

ENERGY, UTILITIES AND

COMMUNICATION

January 15, 2023
Dear Councilman Eric Knight:

We are writing in support of Pam Reeves to fill the open council seat for Yountville.

We have known Pam for over 30 years.

She is receptive and caring, creative and communicative.

She has a passion for this town, its residents and businesses.

She is experienced, knowledgeable and willing to commit the time necessary.

She is an excellent leader and a team player.

She wants to be involved and encourages others to be.

She will respectfully bring more balance and transparency to the council.

Please choose Pam!
Sincerely,
Marjean & Paul Marciniak
Yountville

From: Eddy Gomez
To: Hillery Trippe
Cc: Steve Rogers; Hilary Gaede
Subject: RE: [EXTERNAL] Fwd: Vacant Town Council seat
Date: Tuesday, January 17, 2023 10:16:33 AM
Thank you, Hillery. We’ll add it to the list since we did not receive this one.

Eddy Gomez
Town Clerk
Town of Yountville
Phone: 707-944-8851
Email: [email protected]
www.townofyountville.com
From: Hillery Trippe <[email protected]>
Sent: Tuesday, January 17, 2023 10:12 AM
To: Eddy Gomez <[email protected]>
Subject: [EXTERNAL] Fwd: Vacant Town Council seat
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Hi Eddy,
I think you have this, but this comment came to my home e-mail.

Thanks
---------- Forwarded message ---------
From: Megan Mason <[email protected]>
Date: Tue, Jan 17, 2023 at 8:14 AM
Subject: Vacant Town Council seat
To: [email protected] <[email protected]>, Eric Knight <[email protected]>, [email protected] <[email protected]>, Robin McKee <[email protected]> Dear Mayor Mohler, Council Members Knight, Tripp and McKee-Cant, With regards to the need to appoint a replacement for the vacated Town Council seat, I am stating my request to place Pam Reeves in the open seat.

Pam has demonstrated her dedication to Yountville by serving in the past as a Town Council person, has been vigilant in listening and attending (when possible) Town Council meetings and keeping a pulse on many of the significant issues the town handles. She has run her own business in Yountville and knows the complexities of running a business in town.

She has raised her family here and lived here for over 35 years. She sees the reasons and values of balancing the needs of the residents and the businesses.

Pam has the qualities the Town needs now – she is a good listener, she involves people in decision making, she researches the issues; she speaks strongly and with conviction.

Pam will bring a good balance to our Town Council.

Please appoint Pam Reeves as our new Town Council person.

Thank you,
Megan Mason
From: Eddy Gomez
To: Hilary Gaede
Subject: FW: [EXTERNAL] January 17th Town Council Meeting Date: Tuesday, January 17, 2023 10:38:23 AM
Eddy Gomez
Town Clerk
Town of Yountville
Phone: 707-944-8851
Email: [email protected]
www.townofyountville.com
From: Eric Knight <[email protected]>
Sent: Tuesday, January 17, 2023 10:25 AM
To: Eddy Gomez <[email protected]>
Subject: Fw: [EXTERNAL] January 17th Town Council Meeting FYI - Appointment
From: Joel Breitigam <[email protected]>
Sent: Tuesday, January 17, 2023 9:16 AM
To: Eric Knight
Subject: [EXTERNAL] January 17th Town Council Meeting
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Eric Knight,
I am writing in regards to today’s Town Council meeting.

I am in full support of the appointment of Pam Reeves to the open council seat.

My family appreciates Pam’s balance of perspectives of residents, businesses and the Veterans.

Sincerely, Sherry Breitigam
Yountville
From: Violet Hover
To: Public Comment
Cc: Margie Mohler; Eric Knight; Hillery Trippe; [email protected] Subject: [EXTERNAL] [SPF ERROR] COMMENT TO COUNCIL
Date: Monday, January 16, 2023 1:52:32 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Mayor, Council Members and Town Clerk:

I worked on Pam Reeves' Campaign for Mayor. As you know, she came close to being our mayor.That is clear evidence that many residents in Yountville want her in public office.

Pam is proud to live in Yountville. She wants Yountville to continue to be internationally famous while continuing to be a very livable town. Pam has high ethics.

She is a woman of her word. She listens. She cares. She will be a great asset to our Council.

Sincerely,
Violet Hover
From: Eddy Gomez
To: Hilary Gaede
Subject: FW: [EXTERNAL] [SPF ERROR] Candidate for Council Date: Tuesday, January 17, 2023 10:33:28 AM
FYI
Eddy Gomez
Town Clerk
Town of Yountville
Phone: 707-944-8851
Email: [email protected]
www.townofyountville.com
From: Eric Knight <[email protected]>
Sent: Tuesday, January 17, 2023 10:31 AM
To: Eddy Gomez <[email protected]>
Subject: Fw: [EXTERNAL] [SPF ERROR] Candidate for Council FYI, Council Appointment.

Eric
From: Iren Jenny <[email protected]>
Sent: Sunday, January 15, 2023 9:20 AM
To: Margie Mohler; Robin McKee-Cant; Eric Knight; Hillery Trippe Subject: [EXTERNAL] [SPF ERROR] Candidate for Council
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
To the Mayor and Council Members of the Town of Yountville, Unfortunately we cannot be present at the Council Meeting on January 17th, but would appreciate your consideration re our thoughts and opinions.

The Town of Yountville is very fortunate to have so many outstanding citizens eager to run for office. And those applying for a seat on the present Council all seem to be very qualified.

While our personal choice for this position is Pam Reeves, the main reason for this letter is to dispel a falsehood that has been voiced around here and there and
was recently mentioned in a letter to the editor of the Yountville Sun.

When Pam Reeves ran for the position of Mayor in the recent election, she carried every precinct in the Town of Yountville with the exception of the Veteran’s Home which had two of their own members on the ballot.

Therefore, taking those numbers in mind, you would have to consider the whole Town of Yountville as a Special Interest Group, if you were to pay any attention to those that insist on furthering that notion. We do know that you on the dais, are smarter and more knowledgeable than that.

We hope you will consider what the citizens of Yountville want as you cast your vote.

Ted and Irén Jenny
Yountville, CA

8. COUNCIL MEMBER APPLICANT INTERVIEWS AND APPOINTMENT
B. Public Comment Regarding Applicant Interviews.

Name
kimberly cook
Comment 01/15/2023 11:45 AM : (No Vote)
Dear Town Council Members,
I feel strongly that Scott Owens would be an excellent choice for the open Town Council seat.

Over the years he has shown his dedication to the residents, to the Town of Yountville, and to the County of Napa, and in many different ways by committing his time and energy to a variety of commissions and boards.

The Library Commission, The Public Transportation Commission, the list goes on demonstrating his commitment to public service.

The Community Foundation is another wonderful, and specific example of Scott’s interest in seeing the best things happen here for the residents of Yountville.

Not one to complain, instead he steps up and takes on a role in public service in a variety of ways.

I believe that we are very lucky to have Scott asking for this seat on our Town Council, to join our other thoughtful members, old and new, with a presence that we can depend on.

I believe that you should gladly say YES! and welcome his depth and breadth of knowledge and experience on so many issues that are vital to our town.

Thank you for your consideration,
kimberly cook
From: Eddy Gomez
To: Hilary Gaede
Subject: FW: [EXTERNAL] Supporting Scott Owens
Date: Tuesday, January 17, 2023 9:43:00 AM
FYI! I’ll let you add these to the Council Packet folder so I don’t mess up with your flow.

Eddy Gomez
Town Clerk
Town of Yountville
Phone: 707-944-8851
Email: [email protected]
www.townofyountville.com
From: Larry Kamer <[email protected]>
Sent: Tuesday, January 17, 2023 9:13 AM
To: Margie Mohler <[email protected]>; Eric Knight <[email protected]>; Hillery Trippe <[email protected]>; Robin McKee-Cant <[email protected]> Cc: Eddy Gomez <[email protected]>
Subject: [EXTERNAL] Supporting Scott Owens
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

January 17, 2023
Hon. Marjorie Mohler, Mayor
Hon. Eric Knight, Vice Mayor
Hon. Hillery Trippe, Council Member
Hon. Robin McKee-Cant, Council Member
Town of Yountville
6550 Yount Street
Yountville CA 94599
Dear Mayor and Council Members:

I respectfully urge you to choose Scott Owens to fill the vacant seat on the Yountville Town Council.

As is often the case in Yountville, excellent candidates have offered their time and energy for this opportunity to serve. I’d like to offer three timely and relevant reasons why choosing Scott now is the right decision for this Council and for Yountville as a whole.

1. Last fall’s Council elections sent an important signal that this community places a high priority on extensive consideration of a diversity of views and respectful discourse within the Town Council. If you have spent any time with Scott, you are immediately struck by his curiosity about people’s opinions and his readiness to discuss solutions and paths forward in a cordial, business-like way. One thing that shows ultimate respect for colleagues and constituents is preparation and readiness to engage, and this is one of Scott’s most important traits.

2. This Council, and Yountville voters, have indicated their strong interest in finding community solutions that prepare us for the future while honoring the foundational elements that make our town unique and special. Scott has lived in Yountville long enough to appreciate and respect these traditions but has not been mired in past controversies that have left bruised feelings. He can bring a truly fresh, forward-looking perspective and serve as an honest broker when opinions diverge.

3. Scott’s professional career has been dedicated to improving people’s lives through improved access to healthcare. This has required him to be a quick study on a variety of technical subjects, and to be able to work both visibly and behind the scenes in this very dynamic area of public policy.

Scott’s experience and abilities will help the Council make better informed decisions on behalf of the community.

You have by now reviewed Scott’s many contributions to our community and the hard work he has done to earn a place on this Council. I hope you will take this opportunity to further improve our Town’s governance by appointing Scott Owens to the Town Council.

Respectfully,
Larry Kamer
6690 Yount Street

From: [email protected]
To: Public Comment
Subject: [EXTERNAL] COMMENT TO COUNCIL
Date: Tuesday, January 17, 2023 10:19:26 AM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Good day,
While all candidates bring excellent qualifications to the table, I would like to personally endorse Scott Owens as our next council member. In fact, Scott has already proven his dedication to our community over the years. I believe that he would continue his commitment to preserve Yountville for our residents WHILE still fostering relations with the business community that keeps our town a top vacation destination. Scott is known and liked by many. He is approachable and listens, he is genuinely invested in Yountville, personally and professionally.

Among other things, his background with the NVTA could benefit not just Yountville, but also serve to improve county public transportation issues, and preserve the environment all at the same time. Thank you.

Lorraine A. Visovsky
6468 Washington St. #44
Yountville, CA 94599
201-417-9299
From: Vincent James Courtney
To: Margie Mohler; Eric Knight; Hillery Trippe; Robin McKee-Cant Cc: Town Clerk; Bunny Baby
Subject: [EXTERNAL] Citizen Letter of Support for Appointment Scott Owens Date: Monday, January 16, 2023 6:52:45 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Mayor Mohler & Council-members Knight, McKee-Cant, & Trippe:

My names is Vincent James Courtney, and I’m writing today on behalf of both myself & Christine Courtney.

We’d like to start first, by congratulating each (Mayor Mohler & Council members McKee-Cant and Trippe,) on your hard fought elections won last year!
We’re new.

Christine & I arrived in Yountville this summer excited about the prospect of being here for at least the next several decades and we’re both eager to participate in meaningful, helpful and appropriate ways in our new town’s governance.

I have twenty years of experience working in government at Federal, State, and local levels in areas related to campaigning, infrastructure, contracting, and various forms of advocacy. We’ve both met and worked with hundreds of people along the way.

I have also had the opportunity to become acquainted with Scott Owens because I reached out to him following the Yountville Chamber of Commerce sponsored candidates night late last year.

That evening, I was impressed with Scott’s preparation, attention to detail, and ability to drill down in detail on the subject matter. I thought his responses were respectful, professional and articulate. So, I looked him up.

What we learned then was that Scott had an open door and was singularly interested in our town as opposed to his campaign (something we have found to be rare amongst politicians.) We also learned that in addition to his commitment to the town he’s enthusiastic, intelligent, experienced, and laser focused on all of us (even the new guys.) We’re convinced that Scott’s willingness to serve our town is a very good thing for all of us.

For these reasons, it’s without reservation that we reach out to you all today to respectfully request your strongest consideration of Scott Owens for the Vacant Seat 5 on our Town of Yountville City Council.

Thank you very much for your time & your service.

Respectfully submitted,
Vince & Christine Courtney
6600 Yount Street, #32
Yountville, CA 94599
925.998.5292

From: Steve Rogers
To: Eddy Gomez; Hilary Gaede
Subject: Fwd: [EXTERNAL] Letter of Support for Scott Owens for Yountville Town Council Date: Monday, January 16, 2023 1:00:08 PM
For council appointment item.

Sent from my iPhone
Begin forwarded message:

From: Margie Mohler <[email protected]>
Date: January 16, 2023 at 7:24:15 AM PST
To: Steve Rogers <[email protected]>
Subject: Fw: [EXTERNAL] Letter of Support for Scott Owens for Yountville Town Council
Margie Mohler
Mayor
Town of Yountville
707-944-8463
From: Sandra Hernandez <[email protected]>
Sent: Sunday, January 15, 2023 9:25 PM
To: Margie Mohler; Eric Knight; Hillery Trippe
Cc: Town Clerk
Subject: [EXTERNAL] Letter of Support for Scott Owens for Yountville Town Council This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Dear Mayor Mohler and members of the Yountville Town Council, I write you in support of Mr. Scott J Owens for the vacant position on the Town Council.

I have known Mr. Owens in a professional capacity for the better part of twenty years. Mr. Owens is a skilled executive who brings his best to every role and opportunity. He is optimistic, collaborative, and an avid learner and problem solver. He is highly ethical and is respected by all who encounter him be they donors, colleagues, governing board members or members of the public.

As a reliable member of my executive office, he has consistently held personal and confidential information regarding my clinical patients, employee matters, legal issues, and organizational changes.

He is someone who embraces change and is always willing to lean into organizational improvements. He has a keen eye for how to achieve both cost and operational efficiencies. He is proactive and works effectively with others to implement change.

Mr. Owens' ability to relate to people reflects his strong emotional intelligence. I am regularly complimented by external stakeholders for the timely and thorough response they get from him regardless of the request or issue at hand.

I have witnessed, and actively supported, Mr. Owens' growing interest in matters of public service including in public transit, library services, and local Yountville philanthropy. He is well read, well studied, and always shows respect for people even where there might be differences of opinion. He is humble and does not seek out this role out of ego but rather out of a genuine desire to serve.

I enthusiastically recommend him to you. I think you will enjoy working with him as a colleague and I am confident that he will bring thoughtful deliberations to the matters that will come before the Council and that are of interest to the residents and businesses of the Yountville community.

Respectfully,
Sandra R Hernandez MD
President and CEO
California Health Care Foundation
Sandra R. Hernández, MD
California Health Care Foundation
c
New from CHCF: 2022 Edition — Mental Health in California Using the most recent data available, this Almanac provides an overview of mental health statewide: disease prevalence, suicide rates, supply and use of treatment providers, and mental health in the criminal justice system.

From: Michael Borck <[email protected]>
Sent: Monday, January 16, 2023 12:12 PM
To: Margie Mohler; Eric Knight; Hillery Trippe; Robin McKee-Cant Subject: [EXTERNAL] Town Council Vacacy
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

To the Town Council:

I’m writing today in reference to the need to fill the vacant Council seat. I don’t envy you your decision given the quality of the applicants.

That said, I believe that two of the applicants stand out from the others. Both Pamela Reeves and Scott Owens have proven their commitment and knowledge by their participation in our most recent election. Beyond that each has a long history of commitment to our town.

I have confidence that each will serve our citizens well and urge you to carefully consider them both.

My best regards,
Michael Borck
6786 Jefferson Street
Yountville, CA 94599
Sent from Mail for Windows

8. COUNCIL MEMBER APPLICANT INTERVIEWS AND APPOINTMENT
A. Conduct Applicant Interviews to Consider the Appointment of a Qualified Elector to the Currently Vacant Town Council Seat.

Name
Carrie Hays
Comment 01/15/2023 11:53 AM : (No Vote)
I am writing to say there are two very good choices for Council member candidates: Pam Reeves and Scott Owens. As several have stated in Public Comment and the Yountville Sun, both bring excellent and different qualifications, experience, and a love for Yountville.

But does it matter who is on the Council?
According to research conducted by Google, who is a member of a group is far less important than how they treat each other when they get together and work with others.

After tracking over 180 teams for several years and measuring every variable they could think of, the researchers found lots of data about what didn’t seem to make a difference, including gender, personality type, or education. No matter how the researchers arranged the data, they couldn’t find patterns that indicated that the composition of the group mattered much.

So what did make a difference?
Group norms: the “unwritten rules” of how group members behave towards each other. So whether you appoint Pam or Scott, I hope you will deliberately make explicit and agreed‐upon Council norms, and then make those agreements public so that you can hold yourselves and each other accountable. (Like going on a diet, it’s easy to cheat if no one knows you are on the diet. It’s easy to act inconsistently with your agreements if you aren’t transparent about them.) Touchy‐feely? When one of the premier data‐gathering organizations on the planet finds these results, maybe it’s time to eliminate that phrase from our vocabulary. This isn’t touchy‐feely; it’s evidence‐based that one of the highest leverage things you can put into place to be a superbly functioning group is agreements on how you will work together and with your many stakeholders.

Thank you,
Carrie Hays
1 Redwood Drive
Yountville
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8C
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Discussion and possible action regarding appointment to the currently vacant Council seat

DISCUSSION/BACKGROUND
At the December 6, 2022 Town Council meeting, staff presented to the Town Council the options for filling a vacant Council seat pursuant to Yountville Municipal Code Section 2.04.080 which states “Vacancies in the Council shall be filled in accordance with Government Code Section 36512”. The Council directed staff to begin the process to fill the Council vacancy via appointment process.

The Town Council has 60 days from the effective date of former Council Member Margie Mohler’s succession to the Mayoral seat to either appoint a Council Member or call for a special election to fill the unexpired term which is through December 2024. The 60-day deadline is Saturday, February 4, 2023. (Gov. Code, § 36512, subd. (b).)
Calling a Special Election:

If the Town Council chooses not to appoint any of the applicants interviewed today, the Council needs to call a Special Election. A Special Election must be held on the next regularly established election date at least 114 days after the call of the election. (Gov. Code, § 36512, subd. (b)(1).) The regularly established election dates are provided by state law. (Elect. Code, §§ 1301, 1000.) Therefore, the next regularly established election date meeting this criteria is November 7, 2023 and the special election to fill the vacancy would need to be held on that date.

If the special election is held on November 7, 2023, the person elected holds office for the unexpired term until December 3, 2024. (Gov. Code, § 36512, subd. (b)(1).) The Council seat would also remain vacant until the election is held and a successor is sworn-in.

The cost from the Napa County Elections Department to the Town for its last election was approximately $45,000. In the event a special election is called, the Town will be responsible for reimbursing the full cost to the County, which may be more or less than previous estimates but likely close.

All Mail Ballot Option:

In addition to the standard election options, the Election Code authorizes the Town to conduct an election using an all-mail ballot under certain conditions. (Elect. Code, § 4004.) The relevant conditions include:

1. The Town Council authorizes an all-mail ballot election by resolution;

2. The election is not held on the same date as a statewide primary or general election; and

3. The election is not consolidated with any other election.

Provided the other conditions are met, the November 7, 2023 election is not on the same date as a statewide primary or general election and therefore an all-mail ballot election is likely possible. If the Town Council chooses this option, the Town Clerk’s office will work with the County to confirm the availability of an all-mail ballot election and other details related to this option.

Deadline for Action:

The Council must either call for a special election or fill the vacancy by appointment on or before February 4, 2023.

The Council will operate with four members until Council either make an appointment to fill the vacant Council seat or until the special election is completed.

ENVIRONMENTAL REVIEW
Not Applicable

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

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. Visionary Leadership: The Town's leadership maintains an open-minded, forward-thinking decisionmaking process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. By deciding whether to make an appointment or call a special election, the Town Council will consider the interests of the whole community in reaching this decision.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion on proposed options below:

A) By Motion, provide Minute Order to appoint a new Council Member from the Applicant Interviews held during the Town Council Regular Meeting on January 17, 2023; OR B) By Motion, provide Minute Order direction to staff to prepare the appropriate resolution and coordinate with Napa County Register of Voters to call a special election, which staff will agendize for Council approval on or before February 4, 2023.

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Mayor and Yountville Town Council Members:

Thank you for the opportunity to apply for the vacant seat on the council. I do not take this application lightly and realize that the council has a lot of work ahead of it.

I am excited at the prospect and possibility of serving the community on this council and assist in making the very important decisions that are on the horizon for Yountville.

I look forward to meeting you in person to answer any questions you might have to follow up on my application.

Sincerely,
Pam Reeves

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Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8D
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Consider Administering Oath of Office to a Potentially Appointed Council Member.

DISCUSSION/BACKGROUND
The State of California Constitution and the Town of Yountville Council Protocols require Council Members, including appointed officials, to take and file an oath of office. If the Council appoints a new Council Member from the Appointment Interviews, the new appointed Council Member will be sworn in.

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? Yes

Briefly Explain Relationship to Strategic Plan Goal and Objective. Appointing a new Council Member to fill the current vacant seat will allow the Town Council to continue providing direction and operational support to Town staff and serve the needs of the public.

RECOMMENDATION
Administer Oath of Office to newly appointed Council Member.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 9B
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Ronda Schaer, Chair Arts Commission
PREPARED BY: Samantha Holland, Parks & Recreation Director SUBJECT:

Yountville Arts Quarterly Report October 1 – December 31, 2022

DISCUSSION/BACKGROUND
Our Yountville Arts Commission is growing and changing with the increased activities of each Commissioner.

We enjoy working together and supporting each other while our subcommittees are building upon the strengths of our existing programs.

We thank our Mayor and Council Members for the opportunity to show you our process and how we continually work to put our best ‘arts’ foot forward on behalf of the Town of Yountville. It is a privilege for all of us to serve.

Retreat:
• Monday, October 3 Annual Retreat, led by Samantha Holland • The Commissioners met at Community Center and discussed results of last year and developed our list of new goals for 2023.
• Town Manager Steve Rogers attended the meeting.
• We held our regular YA monthly meeting at the Retreat, in which we elected new officers: Chair:

Ronda Schaer, Vice Chair: Cynthia Kapjian
• Subcommittee Chairs were also discussed and would be voted on at our November Commission Meeting.

Gallery Subcommittee:

Chair Jim McDonald. Members Cynthia Kapjian and Ronda Schaer • Jim keeps our Gallery calendar full of committed artists. He provides us with a list of artists of interest.

We just booked our last two shows, so our Gallery calendar is now full for 2023. • Thursday, October 6 through December 2 Blending Passions show in which Yountville Arts partnered with Jessup Cellars to produce a Gallery Show. Their Gallery art curator Cynthia Carey provided art and we collaborated on the curation in our Gallery at Community Center. • Thursday, December 8 through January 6 Youth Art show: Yountville Arts collected art submitted by 5-14 year olds from schools throughout Napa County. Commissioner Noel brought in The Boys and Girls Club of Napa County. Their children produced multiple entries and YA sponsored a toy drive in support of the Club.

Upcoming 2023 Gallery Shows:
• January 12 through March 24 Find Your Heart in Yountville: A Napa Valley & Bay Area artist invitational with theme of ‘hearts’.
• March 30 through May 5 Trace Elements, LeVie et le Temps: A single artist Gallery Show featuring French-American artist. Isabelle Maynard.
• May 11 through August 4 Outside In: Art Walk Artist Ivan McLean (Yellow Sphere and Reinvention) is- featured. We’ve invited Ivan to submit Gallery sized sculptures and wall hanging pieces. Along with his sculpture, we will hang up to ten oversized digital photographs of Ivan working on his sculptures. The enlarged photos will be hung in the Gallery behind the sculptor’s piece(s). This show coincides with Art, Sip and Stroll in which Ivan will be our featured artist.

Art Walk Subcommittee:

Chair Ronda Schaer. Members Cynthia Kapjian and Judy Meredith • October 24 Installed Vows (at JCB Plaza) and Raven Story (at Hopper Creek Park) by Colorado sculptor Joshua Pass.
• October 26 Installed Untitled by Calistoga sculptor Adam Weismann (North Block Hotel) • December 7 Installed Sarvanga by Colorado sculptor Bruce Gueswel (new pad in JCB Plaza, on end by Devine Chakra)
• The Commissioners have approved four new sculptures for installation. Ronda is making delivery and installation arrangements with the artists and with Town, which takes time. We expect three installations in February. The fourth install will be in June. • At this date, there are five open pads and there are seven more sculptures expiring before 6/23. • We regularly offer Art Walk Tours to the public. Jim and Cynthia lead regular tours via Golden Ticket and upon scheduled request. Ronda and Noel give FAM (familiarity) Tours to professional visiting press writers via invitation from Chamber.
• Cindy works tirelessly on our Sculpture Pad Index and Sculpture Price List, two forms that I use consistently when speaking with prospective buyers and our Art Walk artists. She also designs and orders the Art Walk plaques and updates the Audio Tour. • Retired professional photographer Vi Botarro has volunteered to work with Yountville Arts on various photographic projects, mainly the Art Walk. Vi has attended our meetings and shows a strong interest in becoming an advisor on the Art Walk subcommittee.

Literary Subcommittee
Chair Geoffrey Leigh. Members Jim McDonald and PJ Hudson • A Yountville Out Loud event was held September 15th, 2022, from 5:30 -7:30 in the Yountville Community Center courtyard. Geoffrey served as the moderator, inviting 13 people to present. About 36 people attended the event with Hill Family Estate donating wine. • The incorporation of poetry or prose has been announced around the valley. To date, 8 poems have been accepted by the subcommittee reviewing the submissions: Geoffrey, Jim, and Marianne Lyon. One poem has been added to the Art Tour for the Goose Egg sculpture. Most authors do not want to record their own work. Geoffrey is seeking someone who has an “announcer’s” voice to help with the recordings.

The remainder of the poems should be in the audio tour site by early February. • Jim and Geoffrey have been collaborating with and supporting Marianne Lyon, Napa Valley Poet Laureate, in several of her community events, both locally and in other parts of the county. • The book event, “Shot Down,” with author Steve Snyder is scheduled for Saturday, February 11th, in the Heritage Room at 11am. PJ is organizing this event and will be the moderator. She is working with the Veteran’s Home to encourage interested residents to easily attend the event.

Marketing and PR Subcommittee
Chair Noel Resnick. Noel runs our focused YA Marketing efforts without a subcommittee. • Noel has grown our exposure by engaging high-level publications and media-based entities. Her continued outreach has strengthened our exposure and allowed us to continue to grow. Ronda works regularly with Noel on marketing to our local newspapers and newsletters. • Developed greater engagement and support with the Chamber of Commerce, now a strong partner in our Marketing efforts.
• Continued media engagement across all YAC events - Napa Valley Life, Napa Sonoma Magazine, CANVAS, NV Marketplace, Napa Valley Register, Yountville Sun, Paul Franson (w/additional support from Commissioners Schaer & Kapjian)
• Created critical marketing branding of our Gallery Shows and ‘identities’ such as Blending Passions (Jessup Cellars Gallery), Trace Elements, Le Vie et Le Temps (Isabelle Maynard), Find Your Heart in Yountville (creative elements with Ronda) and Outside In (Ivan McLean). • Created the ‘Shop the Yountville Art Walk Holiday Catalog’, featured in the Chamber’s Yountville Holiday Gift Guide.
• Noel has participated in (FAM) Art Walk Tours with Ronda - Live and audio. • Yountville Art Walk is now included in Chamber’s PR firm, Fuller & Sander FAM (Familiarity) Tours with prominent media producers/bloggers/influencers.
• NAPA VALLEY LIFE Isabelle Maynard from our spring Gallery show has been interviewed and will be the featured ‘local’ artist for the upcoming ‘Best of Napa’ issue NAPA SONOMA Magazine “The Art of the Matter With the Yountville Arts Commission”. “The innovative commission has made its community a creative epicenter …..
• News releases are written by and begin with Jim McDonald. Noel & Ronda often work with Jim’s words to focus them on the needs of specific media outlets and publications.

Performing Arts Subcommittee
There is no Chair for this subcommittee. Members Geoffrey Leigh, PJ Hudson and Judy Meredith. • The first Legacy Roundtable is scheduled for Thursday, February 23rd, in the Heritage Room from 5:30- 7:00 pm. Judy Meredith and Geoffrey Leigh are organizing this event, which will provide an opportunity for 40 community members to participate in an up-close conversation with four leading wine growers:

Bob Steinhauer, Mike Moone, Doug Hill, and Pete Richmond. These table hosts will spend 20 minutes talking with 10 participants, then move to the next group for discussion. Wine representing each viticulturist and a cheese plate will be included for the participants. Tickets will be $30 to attend. Audio recordings of the conversations and photos are planned at each event. Three additional Legacy Roundtables are planned for April (Trailblazing Women Winemakers), June (Legendary Vintners), and August (Napa Valley Fine Dining).
• PJ is taking to lead on evaluating, selecting, and organizing the musicians for Art, Sip & Stroll and Music in the Park.

Art Sip & Stroll
Chair Samantha Holland. Subcommittee members Noel Resnick and Ronda Schaer • Event date is Saturday May 20.
• Sculptor Ivan McLean will be the featured artist for this year’s event. • The subcommittee met November 15 to begin working on artists’ invitations and general details based on last year’s successful event.
• Artists will be invited in January and the event will be juried by Ronda and Noel. • Ronda is working directly with featured artist Ivan McLean on a regular basis to ensure the success of the Gallery Show, a part of our AS&S effort.
• Noel & Ronda have started work with a graphics designer to develop the 2023 AS&S identity which will be used for various collateral pieces such as posters and rack cards as well as web usage and various media outlets.

Napa Valley Mustard Celebration Subcommittee
Chair Ronda Schaer. Members Jim McDonald and Noel Resnick • Ronda has been attending Mustard Celebration planning meetings since 2021. Jessel Miller of Jessel Gallery had a vision of reimagining the former successful Mustard Festival, 2+ month valleywide program promoting the Napa Valley during the ‘shoulder season’. • This is a new subcommittee of the Commission created as part of the new Mustard Celebration that is now being led by leaders of the arts in Napa Valley. Our upcoming programs are listed under the Mustard Celebration umbrella and are being widely promoted via collateral materials and MC website. Find Your Heart in Yountville originated in the Spring of 2021, spinning off from our phrase, ‘Yountville is the Heart of the Napa Valley’. It was brought forward with two separate parts, below.

Both are being promoted by YA and under the umbrella of the Mustard Celebration, posted on the MC website calendar.

1. The Gallery Show featuring an invitational format to artists to submit heart-themed art. This show opened on Thursday, January 12 with 35 artists from throughout the Napa Valley and Bay Area. We are proud to have participants such as noted artists Beverly Wilson, Jessel Miller, Frank Trozzo, Karen Ingalls and our own Samantha Holland, Vi Botarro and Jim McDonald.

2. The Art Walk segment of Find Your Heart in Yountville includes the scattering of 200 glass hearts created for the Commission by Napa glass artist Patti Wessman. The first scattering begins on February 11-12 and will continue each subsequent weekend through March 25-26.

Each Commissioner plus Samantha has been assigned a weekend to hide their 28 hearts inplain-sight. All hearts will be exclusively scattered around our Art Walk sculptures along Washington Street.

The two segments promote our Town, Yountville Arts, our Gallery and our Art Walk.

Overall:

These activities help promote the Town, the Community Gallery, the Art Walk, and Yountville Arts.

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? Indirectly
If yes, Identify Strategic Goal and Objective. Engaged Residents, Quality of Life, Premier Destination Briefly Explain Relationship to Strategic Plan Goal and Objective. Our Engaged Residents make up the Yountville Arts Commission and improve the Quality of Life for our Residents as well as provide for a Premier Destination by organizing and overseeing the Arts offerings within the Town.

RECOMMENDATION
Receive and File
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Discussion and direction regarding the Appointment of a Council Member or MCE Clean Energy Napa County Representative Supervisor Ryan Gregory to represent the Cities and Town on the Marin Clean Energy Board of Directors.

DISCUSSION/BACKGROUND
On November 6, 2022, the Napa County Clerk of the Board informed staff that the Town’s MCE Board of Directors representative Supervisor Brad Wagenknecht was ending his term at the end of the year and the Town would need to appoint a new representative to the MCE Board of Directors or deferred representation to with any other MCE member jurisdiction starting on January 1, 2023.

Deputy Clerk of the Board Morgan Freeman informed the Town the Napa County City Selection Committee appointed Napa County Supervisor Ryan Gregory as the MCE Clean Energy Napa County Representative at the January 3, 2023 Board of Supervisors meeting.

The Town may choose a representative directly from the Town Council or may choose to share representation with any other MCE member jurisdiction as the Town has done previously with the County of Napa. The next City Selection Meeting will be a special meeting on Tuesday, February 7, 2023 at which point the Town would need to have either appointed a Town Council Member to the MCE Board of Directors or deferred representation to Supervisor Ryan Gregory on behalf of the Town.

The MCE Board meetings occur on the third Thursday of each month from 7:00 pm to approximately 9:00 pm at the MCE offices, 1125 Tamalpais Avenue, San Rafael, CA 94901 in the Charles F. McGlashan Board Room.

The MCE Board members are expected to attend all regular Board meetings. If a Board Director has a scheduling conflict, we ask that they notify their Alternate in advance and secure the Alternate's attendance in their place.

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? No

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Indirectly
If yes, Identify Strategic Goal and Objective. Visionary Leadership: The Town's leadership maintains an openminded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Council works in collaboration with other local officials to promote the use of renewable energy and reduce energy-related greenhouse gas emissions for the community.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Provide direction regarding Appointment of a Council Member to the MCE Board of Director or defer representation to Napa County Supervisor Ryan Gregory.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11B
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: Samantha Holland, Parks & Recreation Director
PREPARED BY: Samantha Holland, Parks & Recreation Director SUBJECT:

Consider Adoption of Resolution Number 23-4174 Approving the Placement of a Memorial Bench dedicated to Michael Leonardi in Yountville Community Park as Part of the Town’s Dedication and Memorial Program.

DISCUSSION/BACKGROUND
The Town of Yountville offers a Dedication/Memorial Program. The program offers a systematic and consistent approach for the naming of parks, facilities and for memorials like benches, trees or plaques located in parks and recreation facilities.

Since we do not receive these requests often, I have attached the formal policy for your review. Main points of interest for this request are in section 3 as follows:

3. Dedications and Memorials in Public Parks, Recreation Areas, and Open Space Policy and Procedures:
a. Facilities, or portions thereof, may be dedicated in the memory, or honor of, individuals, groups or organizations. Dedications are encouraged to be in the form of facility improvements or enhancements. b. Dedication may be in recognition of someone who has provided outstanding service to the community, a donation or contribution to the facility or community. c. Dedication may be in memory of someone who has contributed to the facility or community. d. Any individual, family, group or organization sponsoring a dedication or memorial must provide sufficient funds to purchase, install, and maintain any plaque or other form of label associated with the recognition.

The dedication or memorial may take the form of a ceremony or other testimonial in honor of the person or group involved.
e. The. Town will make every effort to preserve any dedication plaque or other dedicated object. If necessary, due to repair of surrounding areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years it may be removed by the Town. f. If the dedication includes the gift of a tree or other plant, the Town will provide its regular standard of landscape care. The tree or plant provided must be approved by the Town and appropriate and consistent with Town landscaping. If the tree or plant does not survive, the Town is not obligated to provide a replacement.
g. If the dedication includes the gift of an object (e.g. bench, picnic table, play equipment, flat screen television, etc.), the Town will provide its regular standard of care and maintenance for the object. h. Dedication or memorial plaques may not be placed in or on Town facilities without written Town approval. i. The Parks and Community Services Commission, will, on behalf of the Town Council, oversee the provisions of this policy.
j. The Town Council shall refer dedications and requests for dedications and memorials in Public Park, recreation areas, and open space to the Commission for their recommendation to the Town Council. The final decision is at the sole discretion of the Town Council and they may accept, reject, refer back or make a different determination.

Attached is the request from Ramona Leonardi, Mother of Michael Leonardi, to place a Memorial Bench at Yountville Community Park in his honor. Staff has shared the cost of the bench and policy for Memorials and Dedication.

This item was unanimously approved by the Parks and Recreation Advisory Commission at their November 17, 2022 meeting. If approved by the Council, staff will then work with the applicant to finalize the bench and plaque for installation at a suitable site near the playground.

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? 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. The Naming and Dedication Policy and process engages our residents through welcoming their donations and contributions that help to create a more vibrant and connected community.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Adopt Resolution 23-4174 Approving the Placement of a Memorial Bench dedicated to Michael Leonardi in Yountville Community Park as Part of the Town’s Dedication and Memorial Program.

Town of Yountville
Resolution Number 23-4174

APPROVING THE PLACEMENT OF A MEMORIAL BENCH DEDICATED TO MICHAEL

LEONARDI IN YOUNTVILLE COMMUNITY PARK AS PART OF THE TOWNS DEDICATION

AND MEMORIAL PROGRAM
Recitals
A. The Town of Yountville offers a Dedication/Memorial Program.

B. The program offers a systematic and consistent approach for the naming of parks, facilities and for memorials like benches, trees or plaques located in parks and recreation facilities.

C. The Program is offered to encourage donations and dedications by individuals or groups.

D. Staff has received and reviewed the application from the Mona Leonardi and the Michael Leonardi Foundation and found it to be complete and meeting of the criteria established in the policy.

E. On November 17, 2022 the Parks and Recreation Advisory Commission reviewed and unanimously approved the application and its referral to the Town Council for review.

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

A. Adopt Resolution Number 23-4174 approving the placement of a memorial bench dedicated to Michael Leonardi in Yountville Community Park as part of the Towns Dedication and Memorial Program.

B. 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 17th day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk

Town of Yountville
Parks, Recreation Areas, &
Facilities Naming and
Dedication/Memorial Policy
Purpose:

The purpose of this policy is to establish a systematic and consistent approach for the official naming of parks and recreational areas and facilities and other Town owned facilities and to provide a systemic and consistent approach for the acceptance of dedications and/or memorials in public parks, recreation areas and open space.

Objectives:
• Ensure that parks, recreational areas and facilities and other Town facilities are easily identified and located.
• Ensure that given names to parks, recreational areas and facilities and other Town facilities are consistent with the values and character of the area or neighborhood served and/or Town as applicable.
• Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities and other Town facilities. • Encourage the dedication of lands, facilities, or donations by individuals and/or groups.

Definitions:

Parks, recreation areas and facilities - includes all property assets under the Town's ownership and the Parks and Recreation Department control including buildings, structures, open spaces, public parks, natural areas, pathways, bike paths, environmental habitat and land.

Other Town facilities- buildings, facilities, and streets owned and operated by the Town that are not a park and recreation facility such as the Corporation Yard, other Town buildings, Waste Water Treatment facility, pump station, parking area, etc.

Dedication or Memorial - plaque and/or donated object (bench, tree, playground equipment, equipment used in a recreation program) or other such object provided to serve as a memorial. Such object or item must be approved by the Town.

Naming Policy Criteria:

The policy of the Town of Yountville is to name parks, recreation areas and facilities, and other Town facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography, environmental, and/or civics and service that is unique to the Town of Yountville community.

Under ordinary circumstances, the naming of a park, recreational areas and facilities and other Town facilities should be considered permanent. Any proposal to change an established name shall be subject to the procedures set for in this policy.

1. The final recommendation for a name shall be consistent with the following criteria:
a. Geographic location (identification with a specific place, neighborhood, street, significant areas, etc.)
b. Natural geographic features
c. An individual (living or deceased) who has given outstanding civic service to the Town of Yountville, or who has donated substantial funds or property to the Town for parks and recreation facilities. Parks and facilities shall not ordinarily be named for a living person, unless that person has made an exceptional contribution of land, money or civic service.
d. A civic group or corporation whose mission statement is compatible with Town goals and objectives that has made a significant contribution of land, money or civic service to the Town of Yountville.

2. When possible, the process to name parks, recreation areas and facilities should begin within 12 months after the Town has acquired title to the land and/or formally accepted the dedication or completion of the improvements (.e.g. Van de Leur Park, Yountville Community Center & Library, etc.)

3. Conditions of property donation as agreed upon by the donor and the Town shall be honored regarding the naming of the parks, recreation areas and facilities subject to these adopted policies.

4. Names that are similar to existing parks, properties or facilities in the Town system (or other systems in the Napa County area) should not be considered in order to minimize confusion.

5. The Town reserves the right to change the name to maintain consistency with these policies.

6. Town shall develop and maintain a submittal form for naming nomination and memorial/dedication requests.

7. The Town Council, in its sole discretion, makes the final determination as to the naming of any Town parks, recreation areas and facilities and other Town facilities.

Procedure:

1. Initial Naming of Parks, Recreation Areas and Facilities and other Town facilities. a. A request for naming of a park, recreational area or facility or other Town facility shall be submitted in writing to the Parks and Community Services Commission through the Town Manager's Office.
b. A request may be initiated by a Council member, the Parks and Community Services Commission or a member, or from a public individual or community group. Requests shall be made using the Town's Nomination for Naming/Dedication of Facilities Form.
c. Those submitting a naming request should show how the proposed name is consistent with the criteria stated in this policy. When naming after a person or persons, the application will describe the contributions to the Town. Written documentation of approval by next of kin to be honored (if available/possible) is required as part of the proposal. Town staff will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to the Parks and Community Services Commission. If the request is incomplete, staff will contact the applicant, in writing, and provide them with the opportunity to resubmit a revised request.
d. The Parks and Community Services Commission will offer the opportunity for public input on the proposed naming.
e. The Parks and Community Services Commission shall forward their recommendation to Town Council for final decision.
f. Town Council shall make the final decision and may accept the Commission recommendation, request the Commission further review and provide suggestions based on feedback provided or the Town Council may adopt its own recommendation whenever deemed necessary and/or in the best interest of the Town.

2. Renaming of Parks, Recreation Areas and Facilities
Renaming of parks, recreation areas and facilities and other Town facilities carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each application must meet the criteria in this policy, but meeting all criteria does not ensure renaming. a. A request for renaming of a park, recreational area or facility shall be submitted in writing to the Parks and Community Services Commission, through the Town Manager's Office.
b. The request shall include the proposed name change, the purpose of the change, and how the proposed name change is consistent with the criteria established. When renaming after a person or persons, the application will describe the contributions to the Town. Written documentation approval by next of kin to be honored (if available/possible) is required as part of the proposal. Town staff will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to the Parks and Community Services Commission. If the request is incomplete, staff will contact the applicant, in writing, and provide them with the opportunity to resubmit a revised request. Requests shall be made using the Town's Nomination for Naming/Dedication of Facilities Form.
c. The Parks and Community Services Commission will offer the opportunity for public input on the proposed naming.
d. The P a r k s a n d R e c r e a t i o n C o m m i s s i o n shall forward their recommendation to Town Council for final decision.
e. The Town Council shall make the final decision and may accept the Commission recommendation, request the Commission further review and provide suggestions based on feedback provided or the Town Council may adopt its own recommendation.

3. Dedications and Memorials in Public Parks, Recreation Areas, and Open Space Policy and Procedure
a. Facilities, or portions thereof, may be dedicated in the memory, or honor of, individuals, groups or organizations. Dedications are encouraged to be in the form of facility improvements or enhancements.
b. Dedication may be in recognition of someone who has provided outstanding service to the community, a donation or contribution to the facility or community. c. Dedication may be in memory of someone who has contributed to the facility or community.
d. Any individual, family, group or organization sponsoring a dedication or memorial must provide sufficient funds to purchase, install, and maintain any plaque or other form of label associated with the recognition. The dedication or memorial may take the form of a ceremony or other testimonial in honor of the person or group involved. e. The. Town will make every effort to preserve any dedication plaque or other dedicated object. If necessary, due to repair of surrounding areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years it may be removed by the Town.
f. If the dedication includes the gift of a tree or other plant, the Town will provide its regular standard of landscape care. The tree or plant provided must be approved by the Town and appropriate and consistent with Town landscaping. If the tree or plant does not survive, the Town is not obligated to provide a replacement. g. If the dedication includes the gift of an object (e.g. bench, picnic table, play equipment, flat screen television, etc.), the Town will provide its regular standard of care and maintenance for the object.
h. Dedication or memorial plaques may not be placed in or on Town facilities without written Town approval.
i. The Town will not be responsible for the upkeep, repair or replacement of any dedication or memorial plaque which was not sponsored by the Town. j. The Parks and Community Services Commission, will, on behalf of the Town Council, oversee the provisions of this policy.
k. The Town Council shall refer dedications and requests for dedications and memorials in Public Park, recreation areas, and open space to the Commission for their recommendation to the Town Council. The final decision is at the sole discretion of the Town Council and they may accept, reject, refer back or make a different determination.

NOMINATION FOR NAMINGIDEDICATION
DATE: ____________________
NAME OF PERSON BEING NOMINATED: __________________________________________ NAME OF PERSON COMPLETING THIS FORM:_____________________________________ ADDRESS: _____________________________________________________ PHONE NUMBER: ______________________________________________ EMAIL: ______________________________________________________ REQUESTED SITE: ____________________________________________________ IF NOMATING A FAMILY MEMBER, WHAT THE RELATIONSHIP:_______________________ Please illustrate below the reasons for your nomination. Please be as complete as possible. Attach additional pages or supportive materials if needed to clarify the nomination.

Community-wide activities responsible for:

Local clubs or organizations served:

School attended:

Major benefit(s) to the history of Yountville?
Why are you nominating this person?
Submit form to:

Yountville Parks and Recreation Department
6516 Washington Street
Yountville, Ca 94599
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 12A
Yountville Town Council Staff Report
DATE: January 17, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

Water Conservation Update

DISCUSSION/BACKGROUND
Droughtlook
While the Town is weathering the storms that we used to call winter before the drought, it is important to remember that the Town remains in a Phase II Water Shortage Emergency and those water conservation regulations remain in effect while we do remain in a drought condition. As of January 5th, Napa County’s official Drought Status has been upgraded one category, taking us out of the “Extreme” Drought status into the “Severe” Drought status.

While the drought condition persists, the Town remains under notice from Cal-Vet that the Town will only be receiving the previously allotted 400 acre-feet from Rector Reservoir. That said, the winter weather does bring good news, Cal-Vet’s Rector Reservoir has filled to 100% capacity and is currently spilling into Rector Creek.

How long that condition exists what that brings in spring for our Cal-Vet water supply allotment is yet to be determined. Until such time that Cal-Vet lifts the 400 acre-foot limit it is prudent to remain counterintuitively ever vigilant of our water use.

The best and easiest way to help conserve water at this time is to turn off or rain delay irrigation controllers during rain events, especially in the volumes of rain we are currently receiving. While seeming to be common sense, it is surprising that +/-10% of our water customers are actively irrigation during rain events.

Tracking Water Conservation
The Town remains subject to the safe yield of the Town’s water supply, 400 acre-feet available from Rector Water Treatment Plant with the Town’s Municipal Well and Napa Water connection available for use as needed when Rector supply is not available.

The goal of using 400 Acre-Feet is being tracked by comparing current FY 22-23 water consumption to last year’s FY 21-22 water consumption on a month-to-month and running total basis. Last year the Town collectively consumed 424 acre-feet exceeding the 400-acre-foot safe yield. Therefore a 6% decrease from last year to this year is needed to meet the 400-acre-foot mark.

The report for December is as follows:

FY 22-23
• Total Water Consumption to date= 198 Acre-Feet
• Percentage of 400 Acre-Feet= 49%
December 2022 (This Year)
• Rector Water = 23.47 Acre-Feet.
• Napa Water = 0.00 Acre-Feet
• Municipal Well Water = 0.00 Acre-Feet
• Total Water Consumed = 23.47 Acre-Feet
December 2021 (Last Year)
• Rector Water = 15.34 Acre-Feet.
• Napa Water = 0.00 Acre-Feet.
• Municipal Well Water = 5.06 Acre-Feet
• Total Water Consumed = 20.40 Acre-Feet
Total Water Conservation = -3.07 Acre-Feet
Total Water Conservation Percentage = -15.05%, or 15% increase Town Staff would like to thank all of water customers, both residential and commercial, for their diligent water conservation efforts. Staff also encourages those who regularly exceed allowable amounts and/or those who waste water to be reminded that we are in a historic drought, to always be ever mindful of your water use, and to provide your best effort to come into compliance.

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. 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. Formation of the Water Advisory Board will engage the commercial and residential community in the water shortage emergency public process while also providing Town staff the ability to maintain water delivery for the benefit of the Town’s water customers.

RECOMMENDATION
Receive and File the Water Conservation Update
2022 Legislation
Presented by
Gary B. Bell, Town Attorney
2022 Legislative Overview
• 2020 bills introduced
• 997 bills signed into law by the Governor
• 169 bills vetoes by the Governor
• Many bills never left committee or were put on hold
• Many will be reintroduced this year
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 2
AB 2647 (Levine)
• Current law requires writings distributed to a majority of the legislative body <72 hours before a meeting be available for public inspection when distributed. • This bill allows the Town to post materials on its website by satisfying all of the following requirements:

1. Making initial staff report or similar document with summary and/or staff recommendation relating to that agenda item available for public inspection at least 72 hours before the meeting;

2. Immediately posting the writing on Town’s website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting;

3. Listing the Town's website address on the agendas for all its meetings; and

4. Making physical copies available for public inspection at its office at the beginning of the next regular business hours (so long as the next regular business hours commence at least 24 hours before the meeting). 1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 3
AB 1551 (Santiago)
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 4
• Reinstates density bonuses for commercial developers who fund, donate land, or partner with a housing developer to provide affordable housing. • At least 30% total units must be affordable to low-income tenants, or • 15% of total units must be affordable to very low-income tenants • Density bonuses include:

1. Up to a 20% increase in maximum allowable intensity in General Plan.

2. Up to a 20% increase in maximum allowable floor area ratio.

3. Up to a 20% increase in maximum height requirements.

4. Up to a 20% reduction in minimum parking requirements.

5. Use of a limited-use/application elevator for upper floor accessibility.

6. An exception to a zoning ordinance or other land use regulation. • Town must annually submit info to HCD describing any approved bonuses.

SB 1425 (Stern)
• Town must update its local open-space plan by Jan. 1, 2026. • Must include plans and an action program that address:

1. Access to open space
• Must consider social, economic, and racial equity
• Correlated with environmental justice element or policies

2. Climate resilience and other co-benefits of open space • Correlated with the safety element

3. Rewilding opportunities
• E.g., establishing a natural communities conservation plan and/or other preservation opportunities
• Correlated with the land use element.
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 5
SB 852 (Dodd)
• Authorizes the Town (either alone or with other localities) to create Climate Resilience Districts
• Districts can invest in projects and programs to address climate change (e.g., extreme heat and cold, drought, wildfire) • Revenue can be raised through:
• tax increment funding,
• voter-approved supplemental property taxes,
• property benefit assessments,
• fees
• Governed by law for enhanced infrastructure financing districts. 1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 6
SB 932 (Protantino)
• After January 1, 2025, any substantive revision of the Town’s circulation element must:
• Incorporate Federal Highway Administration’s Safe System Approach principles
• Develop bicycle plans, pedestrian plans, and traffic calming plans
• Adopt policies aimed at eliminating fatal and serious injuries for all road users
• Town must consider revising ifs element it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of adoption.
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 7
SB 1439 (Glazer)
• Campaign contribution prohibition for state and local agencies now applies to local elected agencies (e.g., the Town Council) • Town Councilmembers are prohibited from accepting,
soliciting, or directing a campaign contribution of $250 or more if the donor is involved in a proceeding pending before the Town in the following 12 months.
• Proceedings requiring recusal include:
• Licenses,
• Permits,
• Other entitlements for land use, and
• Contract awards.
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 8
AB 2011 (Wicks)
• Requires ministerial approval of certain housing projects in zones where office, retail, or parking are a principally permitted use. • Qualifying projects:
(1)Fully affordable housing development projects in commercial zones not next to a commercial corridor; and
(2) Mixed-income housing development projects in commercial zones along commercial corridors.
• Project must meet the objective zoning standards of a zone which allows residential use at the contemplated density.
• Design review must be objective.
• Exempt from CEQA.
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 9
SB 6 (Caballero)
• Qualifying affordable housing permitted in a zone where office, retail, or parking are a principally permitted use if conditions are met relating to affordability, density, public notice, hearings, prevailing wages, etc. • Commercial tenants may be eligible for relocation assistance. • Town may exempt parcels with written findings, supported by substantial evidence:
• Town concurrently reallocated the lost residential density to other residential site(s) subject to development by right so there is no net loss in residential density in the jurisdiction; or
• The lost residential density from exempted parcel can be accommodated on other site(s) permitting same or greater residential densities and in excess of the acreage to accommodate the Town’s share of housing for lower income households.
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 10 AB 2234 (R. Rivas)
• By Jan. 1, 2024, the Town must:
• Compile a list of info needed to approve or deny a postentitlement phase permit, • Post on its website an example of an approved application, and • Post an example of a complete set of post-entitlement phase permits for at least 5 types of housing development projects. • A post-entitlement phase permit includes but is not limited to:
• Building permits (and inter-departmental review required for issuance);
• Permits for minor or standard off-site improvements;
• Permits for demolition;
• Permits for minor or standard excavation and grading. 1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 11 SB 1186 (Wiener)
• Medicinal Cannabis Patients’ Right of Access Act
• After Jan. 1, 2024, Town is prohibited from adopting or enforcing any regulation that:
• Prohibits the retail sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, or
• Has the effect of prohibiting the retail sale of medicinal cannabis by delivery within the Town.
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 12 Colantuono, Highsmith & Whatley, PC
Northern California
420 Sierra College Dr., Suite 140 333 University Ave., Suite 200 Grass Valley, CA 95945-5091 Sacramento, CA 95825
(530) 432-7357 Phone: (916) 400-0370
670 West Napa Street
Sonoma, CA 95476
(707) 986-8091
Southern California
790 E. Colorado Blvd., Suite 850 440 Stevens Avenue, Suite 200 Pasadena, CA 91101-2109 Solana Beach, CA 92075
(213) 542-5700 (858) 682-3665
www.chwlaw.us
www.californiapubliclawreport.com
1/12/2023 © 2022 Colantuono, Highsmith & Whatley, PC 13

Yountville City CouncilJanuary 17, 2023

Yountville City Council
January 17, 2023