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Agenda packet

Yountville City Council
February 7, 2023

Document
Agenda packet
Meeting
February 7, 2023
Body
Yountville City Council
Pages
10
Original file
19.5 MB
Text extracted from the city's file for reading and search. Open the original on townofyountville.primegov.com. That file is the official record.

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet – Final
Tuesday, February 7, 2023
3:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Robin McKee­Cant
Council Member Hillery Bolt Trippe
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month at 3:00 p.m. and only meets the first Tuesday during the months of August and December at 3:00 p.m. in Town Council Chambers, located at 6550YountStreetYountvilleCalifornia94599
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
A. David Means Certificate of Appreciation
B. Christopher Ray Certificate of Appreciation

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 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
A. David Means Certificate of Appreciation
B. Christopher Ray Certificate of Appreciation

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
Members of the public are entitled to speak for 3­minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when that item is called by the Mayor.

However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is not based on the content or viewpoint of the speech.

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

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

7. CONSENT CALENDAR
A. Adoption of Resolution 23­4176 Authorizing the Certification of Equivalent Fund under the Measure T Program of Effort.

B. Adopt Resolution Number 23­4177 Authorizing a budget adjustment from available Fund 62 Fund Balance to Wastewater Treatment Operations in the amount of $45,000 and Approving an amendment to Maintenance Agreement 2022­763 with Jenfitch, Inc. increasing the contract amount for chemicals purchased and delivered to the Wastewater Reclamation Facility C. Adopt Resolution number 23­4178 Approving Corrected Part­time Salary Schedule amended to reflect 5% difference between steps.

D. Appoint two (2) representatives to serve on the Parks and Recreation Advisory Commission (PRAC) for a two­year term of office to commence immediately and expire on January 20, 2025.

E. Appoint one (1) individual to the Affordable and Workforce Housing Oversight Committee with a term of office to commence immediately and expire on October 1, 2024.

F. Quarterly Investment Report for Quarter Ended December 31, 2022 G. Approve Minutes of the special meetings held on January 24, 2023, January 27, 2023, and January 31, 2023.

8. PRESENTATIONS
A. Climate Action Committee Presentation by David Morrison, Interim County Executive Officer B. Public Safety Quarterly Report.

C. CalFire Quarterly Report.

9. PUBLIC HEARINGS
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B. Public Safety Quarterly Report.

C. CalFire Quarterly Report.

9. PUBLIC HEARINGS
A. Consider Approval of Resolution Number 23­4179 Amending Yountville General Plan 2035 by Adopting the 6th Cycle Housing Element Update covering the Planning Period 2023­2031

10. ADMINISTRATIVE / REGULAR ITEMS
A. Consider Adoption of Resolution Number 23­4180 Approving a Professional Services Agreement between the Town of Yountville and the Yountville Chamber of Commerce for the Provision of Marketing and Promotional Services and Operation of Visitor Information Center from July 1, 2023 through June 30, 2026.

B. Consider Adoption of Resolution Number 23­4181 Approving Employment Agreement for Irene Borba, Planning & Building Director
C. Discussion and Possible Direction Regarding the Fiscal Year 2023/2024 Proposed Budget Parameters & Key Assumptions and Establishing Budget Workshop Dates to be May 4, 2023 at 1:00 p.m. and May 18, 2023 at 1:00 p.m.

11. STAFF INFORMATIONAL REPORTS
A. Town Clerk's Office Project Updates
B. Water Conservation Update
C. Town Manager Recruitment Update
D. Grants Project Report
E. Discussion Regarding Real Property Conflicts of Interest Under Regulations Adopted by the Fair Political Practices Commission (FPPC)

12. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS (Reports Only if Meeting Held)
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

13. CLOSED SESSION ­ NONE

14. ADJOURNMENT
Mayor Mohler adjourned the meeting to the Town Council Special Meeting Tuesday, February 14, 2023

13. CLOSED SESSION ­ NONE

14. ADJOURNMENT
Mayor Mohler adjourned the meeting to the Town Council Special Meeting Tuesday, February 14, 2023 at 2:00 p.m. being held in Yountville Community Center, 6516 Washington Street.

Eddy Gomez, Town Clerk

IN RECOGNITION OF

DAVID MEANS
Parks and Recreation Advisory Commission
The Town Council and staff express a sincere thank you for your contributions and service to the Town of Yountville as a member of the Parks & Recreation Advisory Commission between
January 2019 and January 2023.

CERTIFICATE OF APPRECIATION
Mayor Margie Mohler
February 7, 2023

IN RECOGNITION OF

CHRISTOPHER RAY
Parks and Recreation Advisory Commission
The Town Council and staff express a sincere thank you for your contributions and service to the Town of Yountville as a member of the Parks & Recreation Advisory Commission between
January 2021 and January 2023.

CERTIFICATE OF APPRECIATION
Mayor Margie Mohler
February 7, 2023
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adoption of Resolution 23-4176 authorizing the Certification of Equivalent Fund under the Measure T Program of Effort.

DISCUSSION/BACKGROUND
On November 6, 2012, the voters of Napa County approved a ½-cent sales tax increase known as Measure T, the Napa Countywide Road Maintenance Act of 2012. The Measure T County-wide sales tax began July 1, 2018 implemented by the Napa Valley Transportation Authority – Taxing Authority (“NVTA-TA”), with the tax proceeds to be allocated among all local agencies within the County to be spent on maintenance of existing transportation facilities.

In order to receive annual allocations under Measure T, the Agencies (collectively) must demonstrate that at least six and sixty-seven one-hundredths percent (6.67%) of the value of the allocations each year has been committed to Class I Bike lane project(s) identified in the adopted Countywide Bicycle Plan, as that Plan may be amended from time to time, through funding not tied to a specific state or federal program or formula.

NVTA has updated the agreement for the Measure T funding with the participating agencies. As part of this new agreement, each agency must provide an annual certification of the projects contributing to the 6.67% equivalent funds for Class 1 projects. The annual certification, an adopted resolution of the Town Council, is submitted to the Measure T Independent Taxpayer Oversight Committee (ITOC) for their review and approval.

The Town of Yountville completed the last programmed project for Class 1 Facility in fiscal year 2020/2021, the Hopper Creek Path from Oak Circle Park to Mission Street. At +/- $325,000 that project fulfills the Town’s +/- $37,000 annual 6.67% commitment for multiple years into the future. At present, the Town currently has no Class 1 Facility projects to list on the 5-year Plan adopted for fiscal years 22/23 through 26/27. As projects emerge, the Town will list them on future 5-Year Plan updates.

Staff respectfully requests adoption of Resolution 23-4176 Authorizing Certification of Equivalent Fund which staff will submit to the Independent Taxpayer Oversight Committee for review and approval.

ENVIRONMENTAL REVIEW
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 2, Replacement or Reconstruction

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? 25-6000-5400 Annual Street Maintenance and Paving Program Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves. 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. Certifying the Town’s Equivalent Funds maintains the Town’s eligibility to receive Measure T funds which help the Town to maintain our streets to the highest level in the Napa Valley.

RECOMMENDATION
Adoption of Resolution 23-4176 Authorizing the Certification of Equivalent Fund under the Measure T Program of Effort.

Town of Yountville
Resolution Number 23-4176
ADOPTION OF RESOLUTION 23-4176 AUTHORIZING THE CERTIFICATION OF EQUIVALENT FUND UNDER THE MEASURE T PROGRAM OF EFFORT.

Recitals
A. November 6, 2012 the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and
B. The Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and
C. The tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and
D. Under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and E. The Town of Yountville has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures, and
F. The Town of Yountville shall determine and certify to NVTA-TA the annual spending towards qualifying Class I Bicycle Facilities, consistent with the criteria set forth in Section 3 B of Ordinance No. 2012-01, including a memorandum detailing the supporting financial documentation and the methodology utilized to calculate the total spending and funding source; and
G. That amount set forth in Exhibit “A” will be deemed the “Equivalent Fund Spending for Class I Bicycle Facilities” of the Town of Yountville which must be maintained annually throughout the term of the Measure from the General Fund of the Town of Yountville and H. By January 31st each calendar year, the Town of Yountville must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the Town of Yountville, including backup documentation, demonstrating that the Equivalent Fund Class I Bicycle Facilities spending occurred during the prior fiscal year; and;
I. Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq.); Now therefore, the Town Council of the Town of Yountville does resolve as follows:

1. The Town of Yountville hereby adopts the Equivalent Fund Class I Bicycle Facilities expenditures amount as set forth in Exhibit “A,” and authorizes the Public Works Director or designee to file the amount with NVTA-TA.

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 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez; Town Clerk
Project
Number Project Name Location
Segment
Length Project Description Funding Source Total Cost Start Date Estimated
Completion
Date Notes
19702 Finnell Path Finnell to Yount St 875 feet Replace General Fund 123,725.00 $ May 2020 May 2020 complete 20703
Finnell Multi- Use
Path Phase II
Hopper Creek Path from Hopper
Creek Condos to Yount Street 900 feet
Replace asphalt path with
concrete General Fund 130,024.00 $ April 2020 July 2020 complete 20705 Oak Circle Path Oak Circle To Mission 455 feet Mulit Use Path Constrcution General Fund $ 324,830.70 July 2014 June 2021 complete 20707 Vine Trail Bike Path Town Limits to Madison 1.8 miles Crack and Slurry Seal/
Concrete remove and replace GF/Vinetrail 18,705.00 $ April 2020 april 2023 complete 20701 Vine Trail Bike Path Town Limits to Madison 1.8 miles Crack and Slurry Seal/
Concrete remove and replace GF/Vinetrail 35,000.00 $ April 2020 april 2023 complete Measure T Equivalent Funds Certification for Program Years 2018-2022 Town of Yountville
The Town of Yountville completed a set of Class 1 Facility projects shown on the previous 5-Year Plan that contributed to the collective 6.67% equivalent fund commitment. The Town currently has no Class 1 Facility projects to list on the 5 year Plan adopted for fiscal years 22/23 through 26/27. As projects emerge, the Town will list them on future 5-Year Plan updates.

Class I Facility (Equivalent Fund) Tracking
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Erica Rodgers, Management Analyst
SUBJECT:

Adopt Resolution Number 23-4177 Authorizing a budget adjustment from available Fund 62 Fund Balance to Wastewater Treatment Operations in the amount of $45,000 and Approving an amendment to Maintenance Agreement 2022-763 with Jenfitch, Inc. increasing the contract amount for chemicals purchased and delivered to the Wastewater Reclamation Facility

DISCUSSION/BACKGROUND
The Town of Yountville Wastewater Reclamation Facility uses several chemicals to adequately treat the wastewater generated by businesses and residents to meet the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit. Due to the nature and chemistry of the influent to the Joint Treatment Plant, it was determined that a specific coagulant would need to be developed for the Town. Jenfitch, Inc is the only supplier of this coagulant JC 1679 and has been supplying it to the Town for years.

The Town executed a maintenance services agreement with Jenfitch, Inc. on July 25, 2022, to provide JC 1679 coagulant used for thickening sludge in the Dissolved Air Flotation Thickener and as an aid in settling sludge in the final clarifiers in the amount of $44,500 per year.

During the development of the 2022/23 Budget, approximately $42,000 was allocated for this product. However, due to the nature of the Wastewater Reclamation Facility, the chemicals need to be adjusted based on the inflow received. These adjustments as well as the fact that this coagulant is required to be ordered in bulk and the cost increase imposed by the supplier, the contract will need to be amended to reflect the additional funds to process additional coagulant orders needed until the end of the fiscal year. In order to make up for the difference staff is requesting a budget adjustment from available Fund 62 Fund Balance (Wastewater Treatment Fund) to Wastewater Treatment Operations in the amount of $45,000.

Staff respectfully requests the Town Council authorize a budget adjustment from Fund 62 Reserves to Wastewater Treatment Operations in the amount of $45,000. With the budget adjustment staff requests the Town Council approve an amendment to Maintenance Agreement 2022-763 to provide for the necessary chemicals needed to meet the requirements of the NPDES permit. The Amendment for the JC 1679 coagulant is estmated not-to-exceed $45,000. This will increase the agreement total amount to $89,500.

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? 62-4515-4125 - Wastewater Treatment Operations, Chemicals 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. 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 operate the Joint Treatment Plant to the standards required is critical to maintaining public infrastructure for the benefit of the community.

RECOMMENDATION
Authorize a budget adjustment from Fund 62 Reserves to Wastewater Treatment Operations in the amount of $45,000.

Adopt Resolution approving an amendment to Maintenance Agreement 2022-763 with Jenfitch, Inc. increasing the contract amount for chemicals purchased and delivered to the Wastewater Reclamation Facility.

Town of Yountville
Resolution Number 23-4177
ADOPT RESOLUTION NUMBER 23-4177 AUTHORIZING A BUDGET ADJUSTMENT FROM AVAILABLE FUND 62 FUND BALANCE TO WASTEWATER TREATMENT OPERATIONS IN THE AMOUNT OF $45,000 AND APPROVING AN AMENDMENT TO MAINTENANCE AGREEMENT 2022-763 WITH JENFITCH, INC INCREASING THE

CONTRACT AMOUNT FOR CHEMICALS PURCHASED AND DELIVERED TO THE WASTEWATER RECLAMATION FACILITY.

Recitals
A. The Town executed a maintenance services agreement with Jenfitch, LLC on July 25, 2022, to provide JC 1679 coagulant used for thickening sludge in the Dissolved Air Flotation Thickener and as an aid in settling sludge in the final clarifiers in the amount of $44,500 per year.

B. The 2022/23 Budget allocated $42,000 for this product. However, due to the nature of the Wastewater Reclamation Facility, the chemicals need to be adjusted based on the inflow received. These adjustments as well as the fact that this coagulant is required to be ordered in bulk and the cost increase imposed by the contractor, an amendment is needed to reflect the funds needed to process additional orders needed. In order to make up the difference staff is requesting a budget adjustment from available Fund 62 Fund Balance (Wastewater Treatment Fund) to Wastewater Treatment Operations in the amount of $45,000.

C. Town Council authorizes a budget adjustment from Fund 62 Reserves to Wastewater Treatment Operations in the amount of $45,000. With the budget adjustment Town Council Approves an amendment to Maintenance Agreement 2022-763 to provide the necessary chemicals needed to meet the requirements of the NPDES permit. The Amendment for the JC 1679 coagulant is estimated not-to-exceed $45,000. This will increase the agreement amount to $89,500.

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

1. Authorize a budget adjustment from Fund 62 Fund Balance to Wastewater Treatment Operations in the amount of $45,000.

2. Approve Amendment to Maintenance Agreement 2022-763 with Jenfitch, Inc increasing the contract amount to $89,500.

3. 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 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Julie Baldia, Deputy Director of Human Resources and IT PREPARED BY: Julie Baldia, Deputy Director of Human Resources and IT SUBJECT:

Adopt Resolution number 23-4178 Approving Corrected Part-time Salary Schedule amended to reflect 5% difference between steps.

DISCUSSION/BACKGROUND
The Town Manager oversees the Classification Plan for all Town employees and shall make recommendations to the Council from time to time when changes are deemed necessary. California Labor Code section 1182.12 requires the state to determine annually if the minimum wage rate should be adjusted for inflation, beginning in 2023, which the council approved on October 18, 2023.

Historically, the Town of Yountville’s part-time salary schedules reflect a difference of 5% between each step. Town staff recently discovered a mathematical error in the calculation, that showed there was not 5% between steps, it was approximately 3% between steps.

The attached corrected salary schedule is showing the correct 5% difference in steps, which is in line with the Town’s historical practice. It is important to reflect the correct wage, with the difference in steps across the board in order to remain competitive while recruiting

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Amongst appropriate departments
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? No

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Indirectly
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high-quality municipal programs and services while maintaining public infrastructure for the benefit of the community.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Maintain competitive wages in order to recruit and retain qualified staff.

RECOMMENDATION
Adopt Resolution number 23-4178 Approving Corrected Part-time Salary Schedule amended to reflect 5% difference between steps.

Town of Yountville
Resolution Number 23-4178
APPROVING CORRECTED PART-TIME SALARY SCHEDULE AMENDED TO REFLECT 5%

DIFFERENCE BETWEEN STEPS

A. The Town Manager oversees the Classification Plan for all Town employees and shall make recommendations to the Council from time to time when changes are deemed necessary. California Labor Code section 1182.12 requires the state to determine annually if the minimum wage rate should be adjusted for inflation, beginning in 2023, which the council approved on October 18, 2023.

B. Historically, the Town of Yountville’s part time salary schedules reflect a difference of 5% between each step. Town staff recently discovered a mathematical error in the calculation, that showed there was not 5% between steps, it was approximately 3% between steps.

C. The attached corrected salary schedule is showing the correct 5% difference in steps, which is in line with the Town’s historical practice.

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

1. Approving Corrected Part-time Salary Schedule amended to reflect 5% difference between steps.

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 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk
Part Time Classifications, Hourly Rates Effective 2.7.23 Position A B C D E
Recreation Specialist 20.00 21.00 22.05 23.15 24.31
Recreation Assistant I 15.50 16.28 17.09 17.94 18.84
Recreation Assistant II 19.12 20.08 21.08 22.13 23.24
Records Coordinator 25.83 27.12 28.48 29.90 31.40
Marketing Specialist 25.51 26.79 28.12 29.53 31.01
Building Attendant 18.00 18.90 19.85 20.84 21.88
PW Maintenance Assistant 16.75 17.59 18.47 19.39 20.36
Intern I 16.00 16.80 17.64 18.52 19.45
Intern II 20.00 21.00 22.05 23.15 24.31
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7D
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Appoint two (2) representatives to serve on the Parks and Recreation Advisory Commission (PRAC) for a twoyear term of office to commence immediately and expire on January 20, 2025.

DISCUSSION/BACKGROUND
On November 18, 2008, Council adopted Resolution Number 2731-08 dissolving the Community Hall Commission and establishing the Parks and Community Services Commission (PCSC) for the purpose of advising the Council and staff on matters that pertain to facilities, parks, public recreation, library, arts and cultural and historical activities, senior citizen and teen activities, volunteer services and user fees.

On December 4, 2012, the Town Council created the Yountville Arts Commission, which allowed staff to review the PCSC By-laws, which included removing the reference to the “arts” and reducing the composition of PCSC from 8 to 6 members.

On March 5, 2013, the Parks & Recreation Director brought forward additional changes to the PCSC By-laws, including changing the name to the Parks & Recreation Advisory Commission (PRAC), modifying the purpose, and changing the meeting frequency.

PRAC serves in an advisory capacity to the Town Council in matters pertaining to parks, public recreation, library services, facilities, historical activities, senior citizens, youth and teen activities, volunteer services, and other program activities related to the mission of commission.

PRAC consists of five (5) voting community representatives serving two-year terms of office and one (1) High School Student member serving a one-year term of office. PRAC meets regularly during the odd months of the year (January, March, May, July, September, and November) on the third Thursday of the month at 6:00 p.m.

Recruitment
The Town posted a Notice of Vacancy on November 18, 2022 for the recruitment of three (3) community volunteers to serve on the Parks and Recreation Advisory Commission. The two (2) positions are vacant due to expiration of terms and one is an unfilled vacancy for the High School representative position.

The current vacancies in PRAC are:
• Two (2) members serving a two-year term of office commencing January 21, 2023 expiring January 20, 2025.
• One (1) High School member with a term of office commencing January 21, 2023 expiring January 21, 2024.

At the end of the application period (4) applications were received. The applications received were from David Damico, Loreen Ruegg, Vincent Courtney and Vittoria Boscarino. No applications were received for the open High School representative seat. Applicant Vittoria Boscarino was unavailable to participate in the interviews due to a schedule conflict. Staff provided applicant Boscarino with a questionnaire for the Council to consider her application but she was unable to complete it due to her schedule.

The available applicants were interviewed virtually at the Town Council Special Meeting held Monday, January 30, 2023 and staff is requesting applicants be appointed to PRAC to the terms stated above. Staff will continue to recruit to fill the vacancy for the High School member.

Town Council Protocols state that Council makes appointments by interview and ballot process and with a motion to confirm appointments at the next scheduled Town Council meeting. The scoring for the applicants by the Council was as follows:

Applicant Score Received
Vincent Courtney 19
David Damico 15
Loreen Ruegg 11
Vittoria Boscarino 4
Staff is requesting the appointment of the two highest scoring applicants Vincent Courtney and David Damico.

Should the Council decide not to appoint someone from the current applicants, staff would re-advertise for the position to fill the vacancy.

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

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Engaged Residents: The Town embraces our residents' commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the quality of life in Yountville.

Briefly Explain Relationship to Strategic Plan Goal and Objective. . Involve the community in governance of the Town by utilizing community volunteers on our boards and commissions.

RECOMMENDATION
Appoint applicants Vincent Courtney and David Damico to serve on the Parks and Recreation Advisory Commission (PRAC) for a two-year term of office to commence immediately and expire on January 20, 2025.

Town of Yountville
Committee Application Form
Personal Contact Information Has Been Redacted
First Name:

David
Middle Initial:

S.

Last Name:

Damico
Home Address: Home Address Line 2:

City:

Yountville
State:

CA
Postal Code:
94599
Primary Phone: Alternate Phone: Email Address:

PARKS & RECREATION ADVISORY COMMISSION
Commissioner
Employer:

Job Title:

Interests & Experiences
Do you currently live in Yountville? Yes
Are you a Yountville Business Owner? No
Are you registered to vote in Yountville? Yes
Why do you want to serve on this Board, Commission, or Committee? I have served on similar committees in Southern California when I worked there as a school administrator. I have also served on advisory committees as well as facilitated advisory committees in my professional roles as school principal, Director, and Executive Director. I have done this in the Cities of Chula Vista, Napa and Beverly Hills.

What do you perceive is the role of this Board, Commission, or Committee? Advisory committees are not decision making groups (as a rule) but provide stakeholder input to city staff as the review strategic initiatives, plan events, and discuss operations of their respective departments. My role would be to provide stakeholder input, to support the City's strategic goals, and to advise on agonized items at the pleasure of the department director.

How would you represent the interests of the community? I live in Yountville and have an interest as a resident in seeing the city continue to provide programs for children, families, veterans and seniors in Yountville that improve quality of life, make Yountville a true "community" and create conditions that allow the city to work cooperatively and collaboratively with its stakeholders.

What strengths/expertise/special skills would you bring to the Board, Commission, or Committee?
I have more than 25 years of experience working in public schools in Chula Vista, Napa, and Beverly Hills. I have served in many roles including teacher, administrator, and executive director. I know how to listen and understand the role advisory boards play in public agencies.

Please describe your previous community service and volunteer experience.

Board member - YMCA (Chula Vista), Rotary Club past president and founding president of Chula Vista Sunset Rotary Club, Chula Vista Parks and Recreation advisory committee, Chula Vista Chamber of Commerce leadership institute, tons of community service and volunteer projects associated with school districts I have worked for.

Anything else you would like to tell us?
I recently retired from my career in K12 education and look forward to giving back to the community in Yountville.

Name, Addresses and Phone numbers of three (3) individuals familiar with your background (Please do not use council members as references).

Read & Agreed to Application Disclosures? Certified/Agreed Date: 2022-11-19 Signature: David Damico
Town of Yountville
Committee Application Form
Personal Contact Information Has Been Redacted
First Name:

Vincent
Middle Initial:

J
Last Name:

Courtney
Home Address: Home Address Line 2:

City:

Younville
State:

CA
Postal Code:
94599
Primary Phone: Alternate Phone: Email Address:

PARKS & RECREATION ADVISORY COMMISSION
Commissioner
Employer:

Job Title:

Interests & Experiences
Do you currently live in Yountville? Yes
Are you a Yountville Business Owner? No
Are you registered to vote in Yountville? Yes
Why do you want to serve on this Board, Commission, or Committee? I have a strong interest in community affairs and Recreation & Parks, and I have prior experience in community based organizations, projects & activities that include the Arts, Sports, Recreation, & cultural activities. I have vast experience with the San Francisco Recreation & Parks Department going back to 2004, have significant additional experience in other municipalities and would be delighted with an opportunity to bring some of that perspective and enthusiasm to my hometown. I believe my experiences related to volunteerism, collective problem solving & public service have not only been valuable but have also been a significant, positive and most rewarding life enhancement Incan share. Other than seasonal campaign work as well as student government experiences, my initial role and responsibility that first motivated me was in the Mayor’s Office of Citizen Assistance on the first floor of City Hall in San Francisco. This early experience in 1992 was most positive and allowed me to learn how to successfully “connect” citizens from the moment they entered the building to resources, services, and solutions available to them. I have continued public service in various roles since, and continued officially under five separate San Francisco administrations. I have had enjoyed an entire political career in a major metropolitan area where insiders describe San Francisco’s politics as a “knife fight in a phone booth.” I am grateful for the experiences but I am even more grateful for the opportunity to move past them and on to something else I believe will be equally rewarding at this stage of my career that is also of value to my community. Citizen, staff & community interaction motivates me.

What do you perceive is the role of this Board, Commission, or Committee? My perception is that as a volunteer on the Recreation & Parks Advisory Commission, I would be expected to commit to maximum participation in a great deal of public listening, organizing and accounting including providing consistent and accurate feedback from the Town’s Authority in a warm & collegial manner. I would be expected to liaison Town staff in supportive and meaningful ways that instill confidence in our local government decision making and follow through. I would also expect that a strong Recreation and Parks advocate here would greet ideas from the public with positivity and encouragement while clearly understanding the role of thoughtful and reasonable recommendation processes set forth. I also suspect that comfort with Robert’s Rules of Order, time commitment, professionalism, projection, preparedness, kindness & strong morale character are absolutely essential.

How would you represent the interests of the community? I’ve been an advocate for working families for decades, and its taken almost as much time to learn how to represent them “all.” I’m a firm believer in organizing effectively to increase participation in order to build consensus. I think representing an organized group of constituents is a challenge that many can meet. I believe though that the dissenting group or party is they key to doing it well. I am motivated to have and continue dialogue with any constituent “minority” as a matter of best practice. I don’t believe that it is okay for people to feel “left out,” or diminished in any way and I’m opposed to suppressing a minority even when the votes are present to do so.

Fundamentally speaking, I’d work hard to make certain that this community in its entirety feels represented well, especially when things don’t go exactly the way a particular individual(s) wanted. I’m committed to fairness, respect and sensitivity to our residents expectations, goals, & objectives, and I’m able to be firm with outcomes.

Coalition Building has been a strength of mine in the past and I have experience working with the San Francisco Alliance for Jobs and the California Alliance for Jobs. At the San Francisco Alliance, I served as one of its Directors for five years. Here, we assembled some of the most influential and politically potent c-level group leaders in San Francisco to coalesce, organize, fundraise and campaign together. We had the San Francisco Chamber of Commerce, the SF Police Officers Association, Realtors Association, Building Trades, Golden Gate Restaurant Association, Northern California Laborers, Building Owners & Managers, building consensus to name a few. We had lots of success.

What strengths/expertise/special skills would you bring to the Board, Commission, or Committee?
*Patience & Listening: With the encouragement of then Mayor Gavin Newsom, I began to meet with one of the most influential Park advocates in the City, the Executive Director of the Parks Trust. I listened intently to her concerns, suggestions, & frustrations with the Department, management & staff. These conversations were branded and promoted by city hall as “Parks Connect,” and ultimately lead to my drafting of a Parks Commission Resolution (adopted,) resulting in an annual recognition event hosted by the Department, Union & Advocates that is often televised, well attended, and still ongoing. https://youtu.be/laTsgcCJoUk *Organizing: I continued working extensively in the kitchen cabinets of several ballot measures that benefited the Recreation & Parks Department. In 2008, the voters approved an additional $155 million in bonding. Voters approved another $185 million in 2012, and another $285 million in 2019 & 2020. Campaign fundraising, public speaking & persuasion, precinct management, and GOTV efforts are just some of the support I, and my organization provided routinely. *Commitment & Execution: I serve on State certified Apprenticeship boards and advocated & initiated to establish the first state certified Horticulture Apprenticeship program with the City/Recreation & Parks back in 2010 https://sfrecpark.org/1202/Gardener-Apprentice-Program. Additionally, in 2015, we successfully launched the Mayors Pre-Apprenticeship program with the Mayors Office of Workforce Development. https://youtu.be/XWElnrMdHVo (My work in the area is ongoing and on December 6th of this year, my colleagues & I will participate in a press event announcing and formalizing a San Francisco City-wide Apprenticeship Board as the first of its kind with Mayor London Breed and State Director of Apprenticeship Eric Rood presiding.) *Respectful Engagement: I am a team player that values contributions other than my own.

Please describe your previous community service and volunteer experience.

Government Experience: *Formalization of my 1st appointment to a position in City government took place (1998,) during the first of a number of government/trade delegations I’ve taken part in. I was sworn in by the Mayor Brown at the home of the US Ambassador to Mexico, before a trade & Sister City delegation of civic leaders, in part because I am Mexican-American, but also because I began to show interest in campaign finance & fundraising and was being encouraged to pursue it. It was an exciting time. *While, political “loyalty” is highly valued, I’m a firm believer in ethics, transparency and participatory governance that citizens can trust & rely on. Despite the appearances, I worked with the well known publisher of the SF Bay Guardian to advocate for ballot measures related to the PG&E Monopoly and a local version of the Brown Act. While the PG&E efforts were met with huge spending that lead to defeat, our San Francisco Sunshine Ordinance was strengthened by law and I was appointed by the San Francisco Board of Supervisors to the Ordinance-created Task Force (serving two terms,) that would oversee all aspect of the Act *In 2010, I was appointed by Gavin Newsom to a seat on the SF Public Utilities Commission where I served under four Mayors until 2019, (twice as Commission President.) My primary focus was on workforce & construction industry matters as the Agency had over 2,000 employees and was winding down a $10 billion dollar water system improvement project while initiating a $7.9 billion dollar sewer system project. We oversaw approximately a billion dollar annual budget in addition to contracts related to maintenance & construction. I gave up residency in SF in 2020.

Anything else you would like to tell us?
* A favorite experiences was the very public design, layout & development of the SF RPD Bocce Ball courts on the Embarcadero. Toward the end of Newsom’s term in office, our Training Foundation (“LCTF,”) worked with the City, Boston Properties, Recreation & Parks, Webcor Contractors, and others (including Bocce Champion, Benji Tosi of the Ferry League,) to create a brand new recreational space on prime real estate on the waterfront in San Francisco. We brought community workforce participants in to learn some trade skills as a “PreApprenticeship” building & designing the Park and continue to maintain it to this day. https://youtu.be/r3PoINUU2JQ * Our plug & play” efforts eventually lead to three separate Sister City-style delegations to Phoenix/Scottsdale, Arizona with SF Mayor Lee in 2017, & Mayor Farrell in 2018, to meet with Phoenix Mayor Greg Stanton, (Congressman Stanton,) and Scottsdale Mayor Jim Lane following research and discussion amongst Parks & Public Works executive staff from the participating cities. These meaningful delegations resulted in the duplication of programming we started at the SF Recreation & Parks Department for workers and Park advocates in the State of Arizona. * I highly value the experience working with the business community and “Big tents” to find consensus in order to succeed. I worked on successful citywide measures, & I served as principle officer of citywide campaigns related to Seawalls, Clean Power, Streets Bonds, & Hetch Hetchy Water system to name a few. Later, I served Mayor Ed Lee’s as the primary executive for a State Political Action Committee (Progress SF,) that raised several million dollars for campaigning closely aligned with the Lee, Farrell, & Breed administrations. * I’m proudly an Associate member of the Yountville Chamber
Name, Addresses and Phone numbers of three (3) individuals familiar with your background (Please do not use council members as references).

Read & Agreed to Application Disclosures? Certified/Agreed Date: 2022-11-24 Signature: Vincent James Courtney
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7E
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Appoint one (1) individual to the Affordable and Workforce Housing Oversight Committee with a term of office to commence immediately and expire on October 1, 2024.

DISCUSSION/BACKGROUND
During the November 2018 election, Yountville voters approved Measure S “An Ordinance of the People of the Town of Yountville Increasing the Transient Occupancy Tax by One Percent to Fund Programs and Services Related to Workforce and Affordable Housing. The Committee’s annual duties include:
• Review revenue receipts and expenditure funds.
• Review status of the programs and services, including the portion of programs and services funded with a combination of Measure S Funds and funds from other sources or accounts. • Prepare a report and make a presentation to the Town Council regarding Measure S Funds and the revenue receipts and expenditures and status of the programs and services.

Measure S Funds can only be used for programs and services related to affordable and workforce housing. The proceeds may be spent locally within Yountville, and/or with specific appropriation by the Yountville Town Council they could be used to support an eligible regional affordable or workforce housing program or related services within Napa County. The measure does not bind the Town Council to use the proceeds for a specific housing project, development initiative or services, but allows for the Town Council to make the determination as to how best to appropriate Measure S Funds consistent with the restrictions on their use.

The Measure S Oversight Committee is a Town Council-appointed resident and business representative committee comprised of five (5) local residents and business community members and is comprised, as follows:
• Three (3) Yountville Community Residents
• One (1) Yountville Lodging Business Representative*
• One (1) Yountville Non-designated Business Representative* Recruitment This recruitment has been ongoing due to three vacancies being unfilled, two (2) in the Resident category and one (1) in the Non-designated Business Representative. On January 5, 2023, the Town received one application for the resident category from resident Sandra Fagan.

Town Council interviewed virtually applicant Sandra Fagan on January 30, 2023 for the vacant seat in the resident category.

Town Council Protocols state that Council makes appointments by interview and ballot process with a motion to confirm appointments at the next scheduled Town Council meeting. The scoring for the applicant was as follows:

The Council was provided a ballot sheet requesting to select Yes in support to appoint or No in support of not appointing the applicant. At the end of the applicant interview, the score was as follows:

Applicant Score Received
Sandra Fagan 5
Staff is requesting the appointment of Sandra Fagan based on the 5-point score received. Should Council decide not to appoint from the current applicants, staff would re-advertise to fill the vacancy.

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

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Engaged Residents: The Town embraces our residents' commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the quality of life in Yountville.

Briefly Explain Relationship to Strategic Plan Goal and Objective. The voters approved Measure S in November 2018 and the Town Council has implemented the Committee. The Town Council recognizes there is a vast and largely untapped reservoir of talent that exists among the Yountville community and encourages citizen participation to help with governing the Town.

RECOMMENDATION
Appoint Sandra Fagan to the Affordable and Workforce Housing Oversight Committee with a term of office to commence immediately and expire on October 1, 2024.

Town of Yountville
Committee Application Form
Personal Contact Information Has Been Redacted
First Name:

Sandra
Middle Initial: Last Name:

Fagan
Home Address: Home Address Line 2:

City:

Yountville
State:

CA
Postal Code:
94599
Primary Phone: Alternate Phone: Email Address:

AFFORDABLE AND WORKFORCE HOUSING OVERSIGHT COMMITTEE
Resident
Employer:

Job Title:

Interests & Experiences
Do you currently live in Yountville? Yes
Are you a Yountville Business Owner? No
Are you registered to vote in Yountville? Yes
Why do you want to serve on this Board, Commission, or Committee? I have always been a strong advocate for equal access, both architectural and attitudinal, to education, employment and/or housing opportunity in both the private and public sectors. My 30+ years of work was about promoting such access both in California and in Arizona. I wound up my career in AZ as a Deputy Director of a housing agency that was funded by both federal and state monies. My heart still lies with the desire to work on housing-related issues. My work in the housing sector involved CDBG eligibility, FHA laws, Title VI and LEP compliance; managing qualitative and quantitative reports; and providing education to the housing industry including tenants, first-time homebuyers, landlords, property mgrs, realtors and contractors/builders. I welcome the opportunity to resume working with affordable and workforce housing issues.

What do you perceive is the role of this Board, Commission, or Committee? The role of the committee is to ensure the appropriate use of Measure S funds in local and regional programs and services. In addition, the Committee will regularly report to the Town Council on the eligible use of the funds and act as an advisors to the Council on local and regional projects, as needed.

How would you represent the interests of the community? I have many years of experience working with various groups within communities. I have been involved in various activities in Yountville since returning "home" in 2011 so I do know today's Yountville and I had the experience of growing up in Napa. I've worked with aging-in-place concepts; with the Navajo, Tohono O'odam and Yaqui tribes in 504 compliance; with housing professionals and business persons regarding housing responsibilities; and with marginalized individuals seeking housing. Those experiences have left me even more energized and focused on the task at hand.

What strengths/expertise/special skills would you bring to the Board, Commission, or Committee?
I have a law degree which I find helpful in navigating policies, documents and complex concepts. More important, I am able to synthesize these sometimes complex concepts into a more understandable form. I have volunteered in a number of Boards, Commissions and Committees and I understand the parameters inherent in the activities of each. I really do care about workforce and, incidentally ex-offender, access to housing.

Please describe your previous community service and volunteer experience.

Please see my attached educational, employment and volunteering resume.

Anything else you would like to tell us?
Thank you for considering my application. Please don't hesitate to contact me for more information, as needed.

Name, Addresses and Phone numbers of three (3) individuals familiar with your background (Please do not use council members as references).

Read & Agreed to Application Disclosures? Certified/Agreed Date: 2023-01-05 Signature: Sandra Fagan
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7F
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Quarterly Investment Report for Quarter Ended December 31, 2022

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

The Town’s investments are guided by an Investment Policy, which is reviewed and approved by the Council annually. The Investment Policy was last approved by the Town Council on June 21, 2022. The policy directs that investment goals, in order by priority, are safety, liquidity, and yield. This conservative approach ensures assets are available for use while also allowing the Town to earn additional resources on idle funds and balances the investment portfolio between short-term investments (to meet cash flow needs) and longer-term maturities (to realize a higher rate of return).

The Town currently participates in the State investment pool known as the Local Agency Investment Fund (LAIF). LAIF began in 1977 as an investment alternative for California’s local governments and special districts and is administered by the State of California’s Treasurer. The enabling legislation for LAIF is Section 16429.1 et seq. of the California Government Code.

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

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

The following quarterly report shows cash balances for each fund as of December 31, 2022 in comparison to the quarter ended September 30, 2022. The third column shows the change in cash balances resulting from posted cash receipts, incurred expenditures, and interfund transfers. These cash balances are also used when calculating the quarterly LAIF interest allocation percentages and determines how much interest each fund receives.

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

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

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Quarterly Investment Reports provide timely information and financial transparency and allows the Council to help inform decisions related to maximizing economic opportunities to ensure prudent reserves.

RECOMMENDATION
Receive and File

TOWN OF YOUNTVILLE

QUARTERLY INVESTMENT REPORT
AS OF December 31, 2022
Current Quarter Prior Quarter Change in
12/31/2022 9/30/2022 Quarterly
Fund Cash Balance Cash Balance Cash Balance
No. Fund Name
01 General Fund 5,161,668 7,339,807 (2,178,139)
02 OPEB (Retiree Benefits) (18,609) (16,719) (1,890)
03 PERS UAL Reserve Fund 76,927 75,556 1,371
04 Emergency Reserve Fund 2,821,169 2,409,338 411,831
05 Revenue Stabilization Fund 2,820,701 2,308,871 511,829 06 Utlty Entprs Prjct Cmtd Fund 1,656,949 - 1,656,949
20 State Gas Tax 104,817 84,382 20,435
21 Public Education & Govmnt TV 63,623 59,661 3,962
22 Tourism Improvement District 554,828 397,154 157,674 23 Public Arts Program Fee 40,335 49,685 (9,350)
24 Housing Grant Fund 137,902 118,341 19,561
25 Measure T Transportation Imp 81,458 361,193 (279,735) 26 SB1, 2017 Road Repair Act 111,915 94,924 16,991
27 Measure T Equivalent (MTE) 37,448 37,291 157
28 Fire Services 32 31 0
29 UVDS Franchise Fees 51,197 26,542 24,655
30 Disabiliy Access Fee SB 1186 1,979 1,419 561
41 Civic Facilites Impact Fees - - -
42 Drainage Impact Fees - - -
43 Park Impact Fees - 1 (1)
44 Public Safety Impact Fees - - -
45 Traffic Facilities Impact Fees - - -
46 Utility Underground Impact Fees 112,209 111,738 471
50 Capital Projects 1,827,536 1,432,007 395,530
54 2017 Lease Bond-CommCtrRfnd 131,920 556,790 (424,870) 55 2020 Lease Bond 653,012 364,157 288,856
57 Draught Water Reserve 1,987,308 1,090,306 897,002
58 Water Impact Fees - - -
60 Water Capital Improvements 432,805 407,437 25,368
61 Water Utility Operations 281,685 216,876 64,809
62 Wastewater Utility Operations 867,986 702,541 165,445 63 Joint Treatment Capital Fund 3,961,937 4,019,855 (57,918) 64 Wastewater Utility Capital 443,506 770,762 (327,256) 65 Sewer Impact Fees - - -
70 Housing Opportunity Fund 173,085 171,760 1,325
71 Measure S, Affordable Housing 2,036,753 1,758,879 277,875 75 Measure A Maintenance Fund 477,877 474,836 3,042
76 Floodwall Capital Maint. - - -
81 Facilities Repair/Replacement 1,263,320 1,287,218 (23,898) 82 Fleet,Tools,Equip RepairReplc 1,222,826 1,217,697 5,128 92 OPEB Trust Fund Retiree Ben. 5,348,360 5,038,804 309,556 93 PRSP Trust Fund - Pension 3,088,553 2,246,332 842,221 95 Tallent Lane Benefit District 18,111 18,035 76
96 Mesa Ct. Drainage Ben. Dist. 50,502 50,290 212
38,083,628 35,283,794 2,799,835
Current Quarter Prior Quarter
12/31/2022 9/30/2022 Interest
Cash Balance Cash Balance Rate
Cash on Hand/Petty Cash 425 425 0%
Westamerica Bank Checking & Savings 5,906,890 5,882,540 0.070% LAIF 23,738,508 22,115,665 1.980%
Bank of New York Mellon (Trust) 893 28 0.000%
PRSP Trust Investments
1 3,088,553 2,246,332 4.090%
PARS OPEB Trust Investments
2 5,348,360 5,038,804 5.750%
38,083,628 35,283,794
Activity
# Issued From To Amount
Accounts Payable check range for the period:

Amount of Accounts Payable checks issued 445 58223 58707 4,517,748.87 Payroll check range for the period:

Amount of Payroll checks/direct deposits issued 354 0 0 727,552.12 1 5-year Annualized Return
2 10-year Annualized Return
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7G
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Approve Minutes of the special meetings held on January 24, 2023, January 27, 2023, and January 31, 2023.

DISCUSSION/BACKGROUND
Approve Minutes of the special meetings held on January 24, 2023, January 27, 2023, and January 31, 2023.

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. Minutes are required to ensure the Legislative History of the Town Council is maintained.

RECOMMENDATION
Approve Minutes of the special meetings held on January 24, 2023, January 27, 2023, and January 31, 2023.

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, January 24, 2023
2:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKee­Cant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING ­ 2:00 P.M.

Mayor Mohler called the meeting to order at approximately 2:00 p.m. 2ROLLCALL
Town of Yountville
Town Council Special Meeting - New
Council Members Public Works
Orientation Minutes 01/24/2023

Page 1 ends

and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING ­ 2:00 P.M.

Mayor Mohler called the meeting to order at approximately 2:00 p.m.

2. ROLL CALL

Present: 4 Mayor Margie Mohler, Council Member Hillery Trippe, Council Member Robin McKee­Cant, Council Member Pam Reeves

Absent: 1 Vice Mayor Eric Knight

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

4. ADOPTION OF AGENDA
A motion was made by Council Member McKee­Cant, seconded by Council Member Reeves to Adopt the Agenda. The motion carried by the following vote:

AYES: 4; Mayor Mohler, Council Member Trippe, Council Member McKee­Cant, Council Member Reeves
NOES: 0
ABSTAIN: 0

5. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
None.

6. INTRODUCTION ­ STEVE ROGERS
Steve Rogers, Town Manager, introduced the topics for the orientation.

7. PUBLIC WORKS ORIENTATION & TOUR
John Ferons, Public Works Director, and Rosalba Ramirez, Deputy Public Works Director, provided the orientation.

8. ADJOURNMENT
Mayor Mohler adjourned the meeting.

Adjourned to the Town Council Special Meeting Friday, January 27, 2023 at 2:00 p.m.. being held in Town Council Chambers
_____________________
Eddy Gomez, Town Clerk
Date Approved: February 7, 2023 Town of Yountville
Town Council Special Meeting - New
Council Members Public Works
Orientation Minutes 01/24/2023

Page 2 ends

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Friday, January 27, 2023
2:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKee­Cant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 2:00 p.m. 2ROLLCALL
Town of Yountville
Town Council Special Meeting - New
Council Members Administration
Orientation Minutes 01/27/2023

Page 1 ends

and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 2:00 p.m.

2. ROLL CALL

Present: 5 Mayor Margie Mohler, Vice Mayor Eric Knight, Council Member Hillery Trippe, Council Member Robin McKee­Cant, Council Member Pam Reeves

Absent: None

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

4. ADOPTION OF AGENDA
A motion was made by Council Member McKee­Cant, seconded by Council Member Reeves to Adopt the Agenda. The motion carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKee­Cant, Council Member Reeves
NOES: 0
ABSTAIN: 0

5. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
None.

6. INTRODUCTION ­ STEVE ROGERS
Steve Rogers, Town Manager, introduced the orientation.

7. TOWN MANAGER'S OFFICE ADMINISTRATION AND TOWN COUNCIL PROTOCOLS

ORIENTATION
Steve Rogers, Town Manager, presented the Town Council Protocols orientation.

8. ADJOURNMENT
Mayor Mohler adjourned the meeting.

Adjourned to the Town Council Special Meeting Monday, January 30, 2023 at 3:45 p.m. being held virtually via Zoom.
_____________________
Eddy Gomez, Town Clerk
Approved Date: February 7, 2023 Town of Yountville
Town Council Special Meeting - New
Council Members Administration
Orientation Minutes 01/27/2023

Page 2 ends

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, January 31, 2023
2:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKee­Cant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 2:00 p.m. 2ROLLCALL
Town of Yountville
Town Council Special Meeting - New
Council Members Finance
Department, Administration and

Page 1 ends

and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 2:00 p.m.

2. ROLL CALL

Present: 5 Mayor Margie Mohler, Vice Mayor Eric Knight, Council Member Hillery Trippe, Council Member Robin McKee­Cant, Council Member Pam Reeves

Absent: None

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

4. ADOPTION OF AGENDA
A motion was made by Vice Mayor Knight, seconded by Council Member Trippe to Adopt the Agenda.

The motion carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKee­Cant, Council Member Reeves
NOES: 0
ABSTAIN: 0

5. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
None.

6. FINANCE DEPARTMENT ORIENTATION
Celia King, Finance Director, introduced the orientation. This orientation will be continued at the next Town Council Special Meeting on Tuesday, February 28, 2023 at 2:00 p.m.

7. ADMINISTRATION ORIENTATION
Julie Baldia, Deputy Director for HR & IT, provided the HR orientation.

Jason Bernard, Information Technology Systems Administrator, provided the IT Orientation.

8. TOWN ATTORNEY OFFICE ORIENTATION
Gary Bell, Town Attorney, provided the orientation.

9. ADJOURNMENT
Mayor Mohler adjourned the meeting.

Adjourned to the Town Council Regular Meeting Tuesday, February 7, 2023 at 3:00 p.m... being held in Town Council Chambers.
______________________
Eddy Gomez, Town Clerk
Date Approved: February 7, 2023
Town of Yountville
Town Council Special Meeting - New
Council Members Finance
Department, Administration and

Page 2 ends

______________________
Eddy Gomez, Town Clerk
Date Approved: February 7, 2023
Town of Yountville
Town Council Special Meeting - New
Council Members Finance
Department, Administration and

Page 3 ends

______________________________________________________________________________ Napa Climate NOW! • napa.350bayarea.org
Advocating for urgent climate action based on the latest climate science January 31, 2023
To: Yountville City Council (Margie Mohler, Eric Knight, Robin McKee-Cant, Hillery Bolt Trippe, Pam Reeves)
From: NCN! Steering Committee (Lynne Baker, Marilyn Knight-Mendelson, Chris Benz, Linda Brown, Jim Wilson)
Cc: Eddy Gomez, Town Clerk
Re: Accurately communicating the urgent nature of needed climate action It has come to our attention that Mr. David Morrison, Napa County Interim CEO, is making a series of presentations to government bodies represented on the Countywide Climate Action Committee (CAC), at the CAC’s request, to orient new members to the work of the CAC and see if the councils are still on board with upcoming JPA expenses to complete a regional CAP.

We appreciate his efforts. However, it appears that there is one very important aspect that is not coming across clearly in this presentation — the urgent timeframe for definitive action. Please note that all five municipalities in Napa, Napa County, plus the Napa Valley Unified School District and the Napa County Resource Conservation District, passed Climate Emergency Resolutions (or Proclamations) in the past 18 months committing to achieve net zero climate pollution by 2030.

As reported in the Napa Register this past October, “Calistoga was the first. In August 2021, the Calistoga City Council passed a Climate Emergency Resolution committing to a goal of net zero climate pollutant emissions by 2030. The other cities and town in Napa County followed suit, and in June 2022, the Napa County Board of Supervisors passed its own resolution with a target of 2030.” https://napavalleyregister.com/lifestyles/home-and-garden/columnists/the-climate-connection-napacounty-cities-initiate-climate-action/article_12c6cf6c-50ce-11ed-a6c4-abf97d70496d.html The science is clear. Reducing climate heat in this decade is the key to holding global temperatures below the extremely dangerous 1.5°C anomaly threshold. Pushing off the hard decisions to make this happen is no longer a good option. As Napa City Councilwoman Liz Alessio said in October, “We no longer have the luxury of time. We need to put action behind our Climate Emergency Resolution …” Napa Climate NOW! will be happy to review this science with you, in an agendized presentation to the city council, and in addition, in meetings with individual city council members. We stand ready to support you each step of the way in evaluating the best climate mitigation options for residents of Napa County.

Yountville Sheriff 4th Quarter 2022 Information Report
Crimes Against Persons 3rd Quarter 2022 4th Quarter 2022 4th Quarter 2021 Homicide 0 0 0
Rape 0 0 0
Robbery 0 0 0
Assault with a weapon 0 0 0
Assault-Simple 3 0 1
Domestic Violence 3 0 1
Total Crimes Against Persons 6 0 2
Crimes Against Property 3rd Quarter 2022 4th Quarter 2022 4th Quarter 2021 Burglary-Residential 0 0 1
Burglary-Other 0 0 1
Theft-Petty 2 2 0
Theft-Grand 2 3 1
Theft-Auto 1 0 1
Vandalism 0 0 0
Total Crimes Against Property 5 5 4
Citations 3rd Quarter 2022 4th Quarter 2022 4th Quarter 2021 Citations-Misdemeanor 1 2 2
Citations-Traffic 11 2 9
Citations-Parking 39 28 46
Total Citations 51 32 57
Calls For Service & Activity 3rd Quarter 2022 4th Quarter 2022 4th Quarter 2021 Calls For Service 995 844 959
Reports 36 25 16
Arrests 8 2 6
Patrol Checks 199 139 176
Pedestrian Checks 3 4 2
Vehicle Checks 10 3 13
Traffic Stops 31 16 47
Traffic Collisions 3rd Quarter 2022 4th Quarter 2022 4th Quarter 2021 Non-Injury 2 3 4
Injury 1 1 0
Fatal 0 0 0
Total Collisions 3 4 4

NAPA COUNTY SHERIFF'S OFFICE
2022 Fourth Quarter Information Report

Oscar Ortiz, Sheriff-Coroner
Presented by
Sergeant Mike Milat
 Calls for service: We responded to 844 calls in the Town of Yountville. That is down from 959 calls during the same quarter of last year, and down from 995 during the third quarter of this year.

 Reports: We took 25 written investigative reports.

 Arrests: We made 2 misdemeanor arrests this quarter.

Fourth Quarter 2022 Trends
& Our Response
 No crimes against persons were reported during this quarter.  Crimes against property- We had 3 incidents of grand theft, and 2 incidents of petty theft reported this quarter.  There were no residential or commercial burglaries reported.

 There were no reports of auto theft.

Fourth Quarter 2022 Trends
& Our Response
 Traffic Collisions-  3 non-injury / 1 injury
 Traffic Stops- 16 stops this quarter
 Traffic Citations-2 traffic citations
 Vehicle Checks – 3 vehicle checks
 Parking Citations- 28 parking citations
Fourth Quarter 2022 Trends
& Our Response
 Yountville Days Parade
 Napa County Drug Take-Back
 Yountville Town and Tree-Lighting Ceremony
 Mark43 Report Writing System Implementation
 Tyler Munis Payroll System Training and Implementation  2-day 11550 Drug Recognition Course
 2-day Loki Drone Training
Training and Engagement
Crime Prevention Reminder
BEWARE OF GIFT CARD SCAMS
 Government agencies, utility companies, and private businesses will never ask for gift cards as payment for services.
 Gift cards cannot be used to pay for bail, court fees, or related legal expenses.
 The money you put on gift cards is like cash – Once it's spent, it's gone.  Beware of scammers who incite fear and force you to purchase gift cards for anyone, including family members.
 If you have been a victim of a gift card scam, contact local law enforcement.

Thank You
Dispatch Non-Emergency: (707) 257-9223
Yountville Sub-Station: (707) 944-9228
Town Of Yountville
QUARTERLY REPORT OCTOBER NOVEMBER DECEMBER 2022
Town Of Yountville
Quarterly Report 4th Quarter 2022
126
131
131
4 Requests For Service 4th Quarter
2022
Town of Yountville County Areas
Veterans Home City of Napa
99 133
151
5 Requests For Service 4th
Quarter 2021
Town of Yountville County Areas
Veterans Home City of Napa
91 134
201
4 Requests For Service 5 Year
Average
Town of Yountville County Areas Veterans Home City of Napa Medical Aids
57%
Public Assists
24%
Traffic Collisions
6%
Vehicle Fire
0%
Alarm Sounding
10%
Structure Fire
2%
Vegetation Fire
0%
Miscellaneous
0%
Rescue
0%
Hazardous Conditions
2%
Town of Yountville Statistical Analysis
Medical Aids Public Assists Traffic Collisions Vehicle Fire Alarm Sounding Structure Fire Vegetation Fire Miscellaneous Rescue Hazardous Conditions Medical Aids
94%
Public Assists
1%
Traffic Collisions
0%
Vehicle Fire
0%
Alarm Sounding
5%
Structure Fire
0%
Vegetation Fire Misc Fire Rescue Hazardous Conditions
0%
Veterans Home Statistical Analysis
Medical Aids Public Assists Traffic Collisions Vehicle Fire Alarm Sounding Structure Fire Vegetation Fire Misc Fire Rescue Hazardous Conditions Quarter in Photos
Truck 12 Training
Quarter in Photos
Multi-Company Training
Quarter in Photos
Incidents
Quarter in Photos
Veteran’s Home Charity Softball Game
Quarter in Photos
Christmas Tree Lighting
Quarter in Photos
Christmas at Station 12
From: Carol Fink
To: Eddy Gomez
Subject: [EXTERNAL] Hi Eddy
Date: Tuesday, February 7, 2023 11:33:19 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. ***
Please share this with Council regarding Sheriffs and Cal Fire reports. Every report seems to show the highest number of responses is for health issues and as one of Yountville’s seniors I alas have been one of their infrequent flyers. As such I want to speak to the reassurance i have felt when the sheriffs and or Cal Fire arrive sooo quickly and with both professionalism and genuine caring and compassion. These go a long way in easing pain and anxiety of broken bones and finding oneself unable to get up off the floor from drug reactions . We are Blessed to have these men and women working here in Town! Thanks to them alll. Fondly and gratefully Carol fink Sent from my iPhone
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 9A
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Ken MacNab, Interim Planning & Building Director
PREPARED BY: Ken MacNab, Interim Planning & Building Director

SUBJECT
Consider Approval of Resolution Number 23-4179 Amending Yountville General Plan 2035 by Adopting the 6th Cycle Housing Element Update covering the Planning Period 2023-2031

BACKGROUND
Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in the community. This is accomplished through the adoption of a Housing Element, a required component of a local government’s General Plan. The General Plan is a long-range planning document that helps craft the vision of the Town. The purpose of a Housing Element is to identify current and projected housing needs, and to set goals, policies, and programs to address those needs.

Unlike other Elements of the General Plan, which may be updated at the discretion of each jurisdiction, California Government Code Sections 65580-65589 require local jurisdictions to update the Housing Element of their General Plans every eight years, subject to the review and approval of California Department of Housing and Community Development (HCD). The Town’s current Housing Element (“5th Cycle”) was adopted in 2014 and covers the period from 2015 to 2023. For this next cycle (“6th Cycle”), an updated Housing Element covering the period from 2023 to 2031 must be adopted by January 31, 2023.

In November of 2021, the Town hired PlaceWorks as the consultant to prepare the updated Draft Housing Element. They have been working with staff to conduct public outreach and draft the Housing Element. The Housing Element update process was guided by public and Council input and was launched with a public Town Council meeting on January 18th, three Ad Hoc Committee meetings in February, two community workshops (February 16th and March 2nd), focus group meetings and stakeholder consultations throughout the Spring, and another Town Council meeting April 19th. The culmination of these efforts resulted in the preparation of a draft update to the Housing Element, which was presented at a joint meeting of the Town Council and Zoning and Design Review Board on July 19, 2022. A copy of the staff report from this meeting, which provides additional background information on the Housing Element document, is provided as Attachment 4 to this report.

On August 22, 2022, the Town submitted the first draft of the Housing Element to HCD for review. HCD had 90 days, until November 18, 2022, to complete their review of the first draft.

On October 25, 2022, staff and the consultant team met with HCD staff to discuss their preliminary comments prior to the end of their 90-day review. Based on the preliminary comments received at this meeting, the draft Housing Element was revised, released for public review on November 9, 2022, and submitted to HCD.

DISCUSSION
On November 18, 2022, the Town received formal comments from HCD on the resubmitted draft Housing Element document (Attachment 2). The letter identified a number of items in need of further clarification or modification. Following receipt of HCDs comment letter, staff and the consultant team revised the Housing Element to address all the comments in the letter. A final “adoption” draft of the Housing Element document reflecting the changes made in response to HCD’s formal comment letter was released to the public on January 13, 2023. Links to “clean” and “track changes” versions of the final draft Housing Element document are provided at the end of this report.

A memorandum providing a detailed summary of the revisions that have been made in response to HCD’s November 18th letter and all other changes that have been made to the draft Housing Element document since the July 19, 2022 Joint Meeting of the Town Council and ZDRB has been prepared by the Town’s Housing Element consultant, PlaceWorks, and is attached to this report (Attachment 3).

Within the revised draft Housing Element document itself, highlighted text indicates changes that were made in response to the HCD comment letter; text that is noted using “track changes” (underlined for new text, strikethrough for deleted) but not highlighted signify changes made to the November revision that was submitted prior to the HCD comment letter. Both types of changes are summarized in Attachment 3. The Town’s Housing Element consultant will go over these changes in their presentation at the meeting.

It should be noted that the goals, policies and programs contained in the final draft Housing Element are all necessary for achieving compliance with the requirements of State Housing law. Staff and the consultant team have worked diligently in preparing amendments that not only respond to community needs, conditions, practices and programs, but achieve compliance with State law. While there may be alternative approaches for addressing these requirements, the substantive outcome must be the same.

HCD has conducted an in-depth review of the draft housing element and has directed changes that, if adopted, will position the Town well for final certification by HCD. Any significant changes to the document at this point would require another round of consultation with HCD and additional hearings before the ZDRB and Town Council, which would significantly delay adoption and certification.

ZONING AND DESIGN REVIEW BOARD - REVIEW AND COMMENTS
On January 23, 2023, the Zoning and Design Review Board (ZDRB) conducted a noticed public hearing to review the amendments contained in the final draft of the Housing Element document and make recommendations on its adoption. At the meeting, the ZDRB received a detailed presentation from the Town’s Housing Element consultant summarizing the required contents of a Housing Element; the Housing Element Update process, including community engagement; and revisions made to the draft Housing Element document since public release of the initial draft document on August 22, 2023. The ZDRB discussed the Town’s high and low resource areas, how ADU’s are forecasted and considered in meeting the Town’s regional housing needs, whether current floor area ratios (FAR) and lot sizes pose a constraint on achieving maximum densities (they don’t), and the identification of housing sites, including in-fill sites. No public comments were received in writing or provided in person at the meeting. At the conclusion of their discussion and deliberations, the ZDRB passed a motion (4-0) recommending that the Town Council approve a Resolution adopting the 6th Cycle amendments to the housing element.

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 6th Cycle amendments to the Housing Element if, from the facts presented all the required findings can made. The 6th Cycle amendments contained in the final draft Housing Element document being presented to the Town Council for adoption have been reviewed by staff and the Town Attorney’s office.

As stated in Section 3 of the attached Resolution (Attachment 1), Staff believes the required findings can be made.

ENVIRONMENTAL REVIEW
The proposed 6th Cycle amendments to the Housing Element of the Town of Yountville General Plan were contemplated in the certified General Plan EIR (SCH# 2018082008). The proposed amendments are consistent with the General Plan land use designations and with the Yountville Municipal Code. Pursuant to Section 15183 of the California Environmental Quality Act (CEQA) guidelines (Cal. Code Regs., tit. 14, § 15183, subd. (a)), there is nothing peculiar to the project that would require additional environmental analysis. Therefore, the proposed project is considered within the scope of the General Plan EIR, and the Notice of Determination (NOD) filed for the EIR.

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? 01-2115-4010 – Planning Budget (staff) 01-2115-4210 – Planning Contract Services (consultant)
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. 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 planning for and adopting a plan to meet the regional workforce housing needs, the adoption of the 6th Cycle amendments to the Housing Element will continue the goals of the General and Strategic Plan.

RECOMMENDATION
Receive staff report and direct questions to staff.

Conduct public hearing and receive testimony.

Conduct Council discussion on the draft Housing Element.

Approve Resolution Number 23-4179 Amending Yountville General Plan 2035 by adopting the 6th Cycle Housing Element Update covering the Planning Period 2023-2031.

ATTACHMENTS

1. Draft Resolution

2. Correspondence dated November 18, 2022, from the California Department of Housing and Community Development regarding the Town of Yountville’s Draft Housing Element document.

3. Memorandum from PlaceWorks dated January 10, 2023, summarizing changes to the draft Housing Element document.

4. Joint Town Council-Zoning and Design Review Board Meeting Staff Report dated July 19, 2022.

WEB LINKED ATTACHMENTS

5. “Clean” version of final “adoption” draft Housing Element document dated January 13, 2023 (https://tinyurl.com/HousingElement1)

6. “Track Changes” version of final “adoption” draft Housing Element document dated January 13, 2023 (https://tinyurl.com/HousingElement2)
Town of Yountville
Resolution Number 23-4179

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING YOUNTVILLE GENERAL PLAN 2035 BY ADOPTING THE 6TH CYCLE HOUSING ELEMENT UPDATE COVERING THE PLANNING PERIOD 2023-2031
Recitals

1. Pursuant to California Government Code Section 65300, each city and county in California must adopt a comprehensive, long-term general plan addressing the physical development of the county or city, and any land outside its boundaries which in the agency’s judgment bears relation to its planning.

2. California Government Code Section 65302 identifies seven mandatory elements which all city and county general plans must include (land use, circulation, conservation, open space, noise, safety, and housing).

3. On May 7, 2019, the Yountville Town Council adopted the Yountville General Plan (“General Plan”) by Resolution No. 19-3552, including a Housing Element addressing housing needs for the 5th Cycle (covering the planning period 2014-2022).

4. It is necessary, timely, and desirable to comprehensively update the 5th Cycle Housing Element of the General Plan in order to address the State’s 6th Cycle Regional Housing Needs Allocation.

5. Through an extensive and lengthy public process, including surveys, focus groups, workshops, study sessions and hearings held by the Yountville Community Development Department, Yountville Planning Department, and Yountville Town Council, the Town of Yountville (“Town”) has prepared and circulated for public comment that comprehensive update to the 5th Cycle Housing Element entitled “2023-2031 Housing Element" (hereafter “Housing Element Update”), a true and correct copy of which is attached as Exhibit “A” and incorporated by this reference.

6. In accordance with State law, the Housing Element Update sets forth the Town’s housing policies, facilitates the preservation and development of housing, including affordable housing, and establishes programs to address changes in State housing law and to accommodate the Town’s share of the new regional housing need allocation.

7. The Housing Element Update contains numerous targeted programs, timeframes and quantified objectives for implementation of these goals, policies and programs throughout the 2023-2031 planning period, including the need to rezone certain properties.

8. The Housing Element Update has been prepared in accordance with requirements of Article 10.6 of the Government Code and in recognition of the Town’s role and responsibilities for adopting and implementing a housing element that promotes the state’s housing policies as evinced in Government Code Section 65581, in that the Housing Element Update (1) identifies and designates sufficient land and sites to accommodate the Town’s regional housing needs allocation plus additional capacity in order to move toward attainment of the state’s housing goals, (2) ascertains local needs and constraints which may impede attainment, and (3) creates local goals, programs, and objectives for addressing those needs and constraints.

9. The Town published a draft of the Housing Element Update in July, 2022, and invited public comments on the draft from July 8, 2022 through August 8, 2022.

10. On August 22, 2022, the Town submitted a draft of the Housing Element Update to the California Department of Housing and Community Development and received formal comments therefrom on November 18, 2022.

11. The Town published a revised draft of the Housing Element Update on November 9, 2022, incorporating revisions in response to preliminary comments received from the California Department of Housing and Community Development.

12. The Town published a final “adoption” draft of the Housing Element Update on January 13, 2023, incorporating revisions in response to comments received from the California Department of Housing and Community Development.

13. The Town has determined that the proposed Sixth Cycle amendments to the Housing Element of the Town of Yountville General Plan were contemplated in the certified General Plan EIR (SCH# 2018082008). The proposed amendments are consistent with the General Plan land use designations, and with the Yountville Municipal Code. Pursuant to Section 15183 of the California Environmental Quality Act (CEQA) guidelines (Cal. Code Regs., tit. 14, § 15183, subd. (a)), there is nothing peculiar to the project that would require additional environmental analysis. Therefore, the proposed project is considered within the scope of the General Plan EIR, and the Notice of Determination (NOD) filed for the EIR.

14. In compliance with Government Code Section 65353(a), the Town's Zoning & Design Review Board held a noticed, public hearing on January 23, 2023, recommending adoption of the Housing Element Update.

15. In accordance with Government Code Sections 65355, 65090(a), and 65094, on January 27, 2023, the Town published notice of the Town Council’s hearing at least 10 days prior to the hearing in at least three public places within the Town's jurisdiction.

16. The Town Council did hold a noticed, public hearing on February 7, 2023, to receive public testimony and consider adoption of the Housing Element Update.

17. In compliance with Government Code Section 65585(b)(2), the Town has collected and compiled the public comments regarding the housing element received by the Town and provided these comments to each member of the Town Council.

Section 1. Recitals
The foregoing recitals are true and correct and are incorporated into the findings and resolution herein.

Section 2. Record
The Record of Proceedings ("Record") upon which the decision making body herein bases its decision includes, but is not limited to: (1) the staff reports, Town files and records and other documents prepared for and/or submitted to the Town relating to the Housing Element Update, (2) the evidence, facts, findings and other determinations set forth in this resolution, (3) the Final EIR for the Envision Yountville 2019 General Plan Update (SCH# 2018082008), (4) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the Town relating to the Housing Element Update and (5) all other matters of common knowledge to the decision making body including, but not limited to, Town, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the Town of Yountville and its surrounding areas.

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

Section 3. Findings
In accordance with Yountville Municipal Code Section 17.184.060(A), the Town Council hereby makes the following findings with the respect to amending the Envision Yountville 2019 General Plan Update through the adoption of the Housing Element Update:

1. The proposed amendment would further the goals, objectives, policies and programs and is consistent with the intent of the General Plan;
Government Code Section 65302 requires every general plan to include a long-term plan for housing which must be updated in accordance with the schedule set forth in Government Code Section 65588.

The Housing Element Update updates the Town’s plan for housing by establishing policies, programs and objectives which respond to changed conditions within the Town, changes in State housing and development law and a new regional housing needs allocation. Section 6.6 of the Housing Element Update sets ten major goals, including Town Character, Promotion of Residential Development, Variety of Housing Types, Affordable Housing Opportunities, Commercial Development, Public Information and Involvement, Housing Assistance, Maintenance of the Housing Stock, Special Housing Needs, and Consistency with State Requirements. For each of these goals, targeted programs, timeframes and quantified objectives have been developed which will implement the goals.

The Housing Element Update includes all content required by Government Code Section 65583, as detailed below.

GC 65583

SUB-SECTION

CONTENT

REQUIREMENT

HOUSING ELEMENT UPDATE

LOCATION
(a)(1) and
(2)
An analysis of population and
employment trends and
documentation of projections and
quantification of existing and
project housing needs for all
income levels, including extremely
low income households and an
analysis of household
characteristics.

Appendix C contains a detailed
analysis of Yountville’s existing
housing need, population, and
household characteristics,
including income distribution,
employment, housing
affordability, etc. The basis for
the analysis is the Data Profiles
for Housing Elements prepared
by the Association of Bay Area
Governments (ABAG).
(a)(3)
An inventory of land suitable and
available for residential
development, an analysis of zoning
and public facilities and services to
the inventory of sites and an
analysis of the identified sites and
the Town’s duty to affirmatively
further fair housing.

Appendix D and E contain a
detailed analysis of housing
capacity, project sites currently
zoned to meet RHNA
requirements, infrastructure
availability, and the ability to
affirmatively further fair housing.

Table E-2 and Figure E-1 contain
an inventory of land suitable to
facilitate and encourage housing
types for households of all
income
levels.
(a)(4)
Identification of zone(s) where
emergency shelters are allowed as
a permitted use and a capacity
analysis of those zones.

Appendix F contains a full
analysis of the Town's capacity
to provide adequate emergency
shelters as well as the Town's
Programs 21 and 22 to address
emergency shelter
needs.
(a)(5)
An analysis of potential and actual
governmental constraints upon
the maintenance, improvement, or
development of housing for all
income levels, including housing
for persons with disabilities.

Appendix F contains a full
analysis of potential and actual
governmental constraints.

Programs, policies and
objectives such as Program 22
set forth in the
Housing Plan address the
identified constraints.
(a)(6)
An analysis of potential and actual
nongovernmental constraints
upon the maintenance,
improvement, or development of
housing for all income levels,
including costs, availability of
financing, and approval timelines.

Appendix F includes a full
analysis of potential and actual
nongovernmental constraints.

Programs, policies and
objectives such as Program 22
set forth in the Housing Plan
address the identified
constraints.
(a)(7)
An analysis of special housing
needs, such as those of the elderly,
persons
with disabilities, large families,
farmworkers, female headed
households and persons in
need of
emergency shelter.

Appendix C includes a full
analysis of the special housing
needs for each of the groups
identified in GC subsection
65583(a)(7), addressed by
Program 21.
(a)(8)
An analysis of opportunities for
energy conservation with respect to
residential development.

Appendix F.3 discusses
opportunities for energy
conservation, including local
grants
and funding opportunities.
(a)(9)
An analysis of existing assisted
housing developments that are
eligible to change from low income
housing uses during the next 10
years.

Appendix C includes a listing
of
units at low, moderate, high
and very high risk of conversion
to market rates. The source of
this data is the California
Housing Partnership’s
Preservation Database.

Yountville has a total of 10 units
of affordable housing that are
potentially at risk of conversion
to market rate.

Programs 15 and 16 address
the
need to preserve affordable
units.
(b)(1)
A statement of the community’s
goals, quantified objectives and
policies relative to affirmatively
furthering fair housing and to the
maintenance, preservation,
improvement and development of
housing.

Appendix D is a full analysis of
the Town’s existing housing
stock and
proposed sites as they relate to
the requirements and goals of
fair housing law. AB 686 requires
Housing Element Updates to
include the following: 1) a
summary of fair housing
outreach to all economic
segments of the community; 2)
an assessment of fair housing
issues including integration and
segregation patterns,
concentrated areas of poverty,
disparity in access and
disproportionate housing needs
for identified populations; 3) an
evaluation of proposed sites as
they may improve or exacerbate
fair housing conditions; 4)
identification of factors which
contribute to fair housing issues;
5) identification of fair housing
goals and actions that address
the contributing factors
identified in #4 above. Appendix
D includes all five of these
requirements.
(c)
A program that sets forth a
schedule of
actions during the planning period,
each with a timeline for
implementation that the local
government is undertaking or
intends to undertake to implement
the policies and achieve the goals
and objectives of the housing
element.

Pages HO-9 through HO-30 of
the Housing Element Update
sets forth the Town’s housing
plan which includes the
required schedule of actions,
each with a timeline for
implementation.

In compliance with Government Code Section 65583.2, the Housing Element Update includes an inventory of land suitable for residential development in the manner and with all detail required, including access to utilities, a general description of environmental constraints, and sites proposed for densities no less than those required by Section 65583.2(e)(2)(A)(i).

The Housing Element Update achieves the State legislature’s goal to assure that counties and cities recognize their responsibility to contribute to attainment of state housing goal, to assure that counties and cities prepare and implement housing elements which move toward attainment of the state housing goal, to recognize that each locality is best capable of determining the efforts required for it to contribute to attainment of the state housing goal, and to ensure that each local government cooperates with other local governments to address regional housing needs.

The Housing Element Update will guide Town decision-making as it relates to housing and thus, implements other general plan policies related to the development, preservation and management of the Town’s housing stock.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
As a set of goals, policies, programs, and quantified objectives, the Housing Element Update does not approve any specific development projects and does not include any actions which would be detrimental to the public interest, health, safety, convenience or welfare. Being consistent with and promoting the policies and programs already approved in the General Plan, the Housing Element Update can be seen to be in the best interests of the Town. Moreover, future rezoning actions envisioned in the Housing Element Update would undergo separate review for potential detrimental impacts.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of the Town of Yountville hereby amends the Envision Yountville 2019 General Plan Update by adopting the 6th Cycle Housing Element Update to cover the planning period of 2023-2031.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________
Margie Mohler, Mayor
_______________________
Eddy Gomez, Town Clerk
Exhibit A: Town of Yountville Housing Element Update, dated December 2022 (document available for download here: https://tinyurl.com/HousingElement1 or a hard copy is available at Yountville Town Hall, 6550 Yount Street, Yountville, California, 94599)

MEMORANDUM
DATE January 10, 2023
TO Ken MacNab and Steve Rogers, Town of Yountville
FROM Cynthia Walsh and Nicole West, PlaceWorks
SUBJECT Summary of Changes between Initial HCD Submittal and Adoption Drafts BACKGROUND:

On August 22, 2022, the Town submitted the first draft of the Housing Element to the California Department of Housing and Community Development (HCD) for review. HCD had 90-days, until November 18, 2022, to complete their review of the first draft.

On October 25, 2022, staff and the consultant team met with HCD staff to discuss their questions and preliminary comments prior to the end of their 90-day review. Based on the preliminary comments received, the draft Housing Element was revised, released for public review on November 9, 2022, and submitted to HCD. Those revisions are included in the summary below, along with the revisions made in response to HCD’s comment letter.

HCD’s comment letter was sent to the Town at the conclusion of the 90-days, on November 18th.

The letter identified items that need further clarification or modification. The HCD comment letter is provided as a separate attachment to the staff report. Following receipt of the HCD comment letter, staff and the consultant team revised the Housing Element to address all the comments in the letter. The revised draft Housing Element will be released for public review on January 13, 2023.

Within the revised draft, highlighted text indicates changes that were made in response to the HCD comment letter; text that is noted using “track changes” (underlined for new text, strikethrough for deleted) but not highlighted signify changes made to the November revision that was submitted prior to the HCD comment letter. Both types of changes are summarized below.

SUMMARY OF CHANGES
Table 1. HCD Comment Letter - Sites Inventory
Suitability of Nonvacant Sites: The element identifies two nonvacant sites to accommodate a portion of the lower-income regional housing needs allocation (RHNA). The analysis largely relies on the absence of any site constraints, owner interest and includes a program to engage with owners and developers on an ongoing basis. Site 1 includes a vegetable garden that serves the French Laundry restaurant and two existing employee housing units. As noted, the element indicates that this site was

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included based on owner interest. However, it also states that the owner is interested and has previously submitted proposals to develop an Inn and provide off site units. Given that the owner has a desire to develop off site units, the element should provide an analysis that demonstrates how this specific site will be redeveloped to accommodate the RHNA or remove the site. In addition, Site 2 is owned by a church, includes grape vines, relies on owner interest and notes that the owner is “open to various possibilities.” While having owner interest can be an important part of the determining redevelopment potential, given that the owners has not shown indication that they will move forward with residential development during the planning period, the element should either provide additional analysis and criteria to support the redevelopment potential of these sites or identify additional sites.

For your information, the housing element appears to rely on nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. Therefore, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).)
Programs: Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

The description of Site 1 has been revised to include a more in-depth explanation for the current usage of the two existing older single-family homes as temporary accommodations for chef interns and as test kitchens, rather than permanent housing. The history of an approval for an inn project in the 2007 to 2009 time period was added to the description. Thirteen offsite affordable housing units were required as part of the approval of the inn project to comply with rezoning and unit replacement requirements. As property owner interest in the proposal has been renewed, descriptions of three properties in Yountville also owned by the Site 1 property owner and their unit capacity were added to demonstrate that housing could either be constructed onsite or offsite. A footnote to Table E-2 Land Inventory has been added to clarify that 11 units are counted towards the RHNA because 13 would only be required if the two existing homes are demolished.

The description of Site 2 has been revised to clarify the specific portion of the site that has potential for development, identify that the site is not environmentally constrained and is served by water and sewer infrastructure. The most recent discussion with representatives of Burbank Housing regarding potential to support affordable high density residential is summarized.

Additional language was added to specify that the Affordable Housing Overlay (AHO) applies to the portion of the site included in the inventory (4.8 acres west of the creek), and Table E-2 Land Inventory has been edited to include the AHO under the Zoning and General Plan Designation columns. A density of 25 units per acre would be allowed if 100% of the units are affordable to very low- and low-income households.

Based on initial feedback received in conversation with HCD staff and comments in HCD’s letter, programs were revised to support the sites inventory. Proactive actions that the Town will take to coordinate with owners and offer incentives were strengthened in Program 1. Large Site/HighDensity Development, Program 8. Affordable Housing Overlay Zone and Program 13. Fees.

Page 3 ends

These include commitments to contact the owners of Sites 1 and 2 at least annually to encourage development of the sites and to promote the use of streamlined processing, additional allowed densities and other incentives in the AHO and fee reductions or waivers for multifamily projects and affordable units. Additionally, Program 6. Adequate Sites was revised to describe the past approval history of Site 1 and the property owner’s renewed interest in developing the site and to commit to facilitating the development of units either on or offsite. If the project includes offsite units, the Town will help facilitate the process, including but not limited to, assistance with rezoning if needed, streamlining approval, and other concessions consistent with density bonus requirements.

Table 2. HCD Comment Letter - Program 22 (Planning Regulation Amendments) Program 22 (Planning Regulation Amendments): The element notes that Accessory Dwelling Units (ADU) are not allowed in some zones that allow residential uses such as mixed-use zones and that the element will revise Program 22 to allow ADUs in all residential zones. However, Program 22 does not reflect that revision. The element must include an action to allow ADUs in all zones that allow for residential uses and comply with ADU law.

In addition, while Program 22 commits to allowing supportive housing as a permitted use in all zones that allow residential uses without discretionary review and complying with AB 2162 (Statues of 2018), it must also commit to allowing transitional housing as a residential use and subject only to the same restrictions that apply to other residential dwellings of the same type in the same zone.

Based on initial feedback received in conversation with HCD staff and comments in HCD’s letter, Program 22. Planning Regulations Amendments, which commits the Town to reviewing and revising the Zoning Ordinance to ensure compliance with State Law was modified as described in the bulleted list below. These edits are also cross-referenced in their associated subsections in Chapter F. Constraints to Housing Production.:
• Residential care facilities, regardless of number of residents, will be allowed in all zones that permit residential uses of the same type, in accordance with the Town’s definition of family.
• Farmworker housing of no more than 36 beds in a group quarters, or 12 units will be treated as an agricultural use and allowed in all zones where agriculture is allowed. • The requirement that emergency shelters are located no more than 300 feet from any other shelter will be removed.
• The fee for reasonable accommodation requests will be eliminated and the Town will ensure the process for requesting reasonable accommodations is clear. • Supportive housing will be allowed as a permitted use without discretionary review in zones where single-family, multifamily and mixed-use developments are permitted, including nonresidential zones permitting multifamily uses. • Transitional and supportive housing will be allowed as a residential use with no other restrictions than those applicable to similar residential dwellings in the zone in which they are located.
• Accessory Dwelling Units (ADUs) will be allowed in all residential or non-residential zones where residential uses are permitted. Program 9. Accessory Dwelling Units (ADUs) is cross referenced.

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Table 3. HCD Comment Letter - Land Use Controls
Land Use Controls: The element must include an analysis that evaluates the cumulative impacts of land use controls on the cost and supply of single family and multifamily development, including the ability to achieve maximum densities. Specifically, the element notes that several zones utilize a maximum floor area ratio (FAR) standard. However, it also notes that a project can reach the maximum FAR standard provided it does not exceed the maximum square footage requirements. For example, the RM zone allows for a maximum density of 10 units per acre and the RM-2 zone allows for 20 units per acre. For both zones, the maximum FAR for multifamily is 0.40 provided that the project does not exceed 4,000 square feet. The element must analyze this requirement as a potential constraint on achieving maximum densities. The element could clarify how projects can achieve maximum densities given the maximum square footage requirements. Additionally, because the Town includes similar requirements for most residential zones, the analysis should not be limited to just the RM and RM-2 Zone. Depending on the outcomes of a complete analysis, the element should include programs to address or remove the identified constraints.

The following subsection called Cumulative Impact of Development Standards was added to the Housing Element in Chapter F. Constraints to Housing Production: The Town evaluated the cumulative impact of its land use controls on the cost and supply of housing, including development standards that limit sites’ building envelope (setbacks, private open space and parking) and Floor Area Ratio (FAR) restrictions. Based on this evaluation, none of the land use controls in conventional residential zoning districts would prevent an applicant from reaching the maximum density allowed for single-family developments in single-family zones and multifamily developments in all zones where multifamily is allowed, or otherwise constrain housing development. Current development standards for the residential zones that permit multifamily housing were applied to theoretical sites of varying size. To be conservative, the calculations assumed single-story developments. The results confirmed the above conclusion - each scenario resulted in achieving maximum allowable densities. On sites ranging in size from one-quarter acre to an acre or larger, a multi-family housing development in the Mixed Residential (RM), Mixed Residential 2 (RM-2), and Old Town Historic (H) designations could achieve maximum density with a mix of studio, one-, and two-bedroom units, served by onsite, covered and uncovered (screened) parking. The Town also analyzed theoretical development capacity on minimum lot size parcels in the RM, RM-2, and H zones. Even on the smallest sites, maximum density could be achieved with a mix of studio and one-bedroom units, served by a combination of covered, uncovered (screened), and tuck-under parking.

Table F-2. Residential Development Standards received minor corrections including, replacing the word Size by Ratio following Max Floor Area, clarifying FAR standards by lot size, housing type, and maximum floor coverage and/or building area for each zone and removing duplicative information. A new footnote was added to clarify that there are no minimum unit sizes in any zone. Directly following Table F-2, minor clarifications were made to the subsection Floor Area Ratio (FAR).

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Table 4. HCD Comment Letter - Local Processing and Permit Procedures Local Processing and Permit Procedures: While the element includes some information on permit processing timelines and procedures (F.1 Governmental Constraints), it must also analyze these procedures. For example, the element indicates that projects are generally subject to a minimum of five “meetings” including public hearings and various other discretionary requirements. The element also notes that design review is required for any development. The analysis must address the required permits for typical single family and multifamily development, the approval body, the number of public hearing if any, approval findings and any other relevant information and add or modify programs to address identified constraints.
• Multifamily Housing: The element indicates that all multifamily is potentially reviewed through a discretionary process but does not indicate what type of discretionary process. For example, multifamily could be subject to a conditional use permit (CUP) For your information, subjecting multifamily housing to an exception process such as a CUP in zones where multifamily housing is already allowed is generally considered a constraint. As noted above, the element must clarify what type of discretionary process and identify and evaluate any approval findings or decision-making criteria for this requirement. The analysis should address impacts on housing cost, supply, timing and approval certainty. Based on a complete analysis, the element should include programs to address or remove the identified constraints
• Design Review: The element briefly describes the Town’s design review requirements; however, the analysis should consider the approval timelines, approval procedures and decision-making criteria. The analysis should evaluate this process for potential constraints on housing supply, affordability, and timing. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.
• SB 330, 2019: Additionally, given the Town’s design review and preponderance of meetings in the permit process, the element should consider if the implementation of these standards conflict with the Housing Crisis Act of 2019 (SB 330, 2019).

The Processing and Permit Procedures and Timelines subsection in F.1 Governmental Constraints was revised to address the comments above. Table F-8. Permit Processing Timelines was modified to reflect typical processing time and approval body by type of permit or action. Existing text was replaced with new tables and expanded discussion for the two types of residential applications (projects consisting of one to four units and projects consisting of five or more units).

The revisions clarify the steps, typical time to complete each step, the approval body and number of meetings.

Projects consisting of one to four units include pre-application consultations with Town staff and the developer, Zoning and Design Review Board (ZDRB) design review approval, and plan check review. For developments proposing five or more dwelling units, a Master Development Plan application is required. Yountville’s Municipal Code describes the approval process for a Master Development Plan as consisting of three stages: 1) Concept, 2) Preliminary, and 3) Final. However,

Page 6 ends

the Town allows concurrent processing of the preliminary and final stages to minimize processing time. The Town follows the requirements of SB 330 by not requiring more than five hearings as defined by Government Code section 65905.5(b)(2).

The Design Review subsection in F.1 Governmental Constraints was revised to differentiate between minor (structures with four or less dwelling units, signs and murals) and major design review (structures with five or more residential units, commercial and agricultural structures).

Where State law requires the application of objective standards for a qualifying residential project, the project is only reviewed against the objective design standards. Otherwise, all residential projects that require design review approval are reviewed against both the objective design standards and the subjective design guidelines. Table 11. Objective Design Standards has been added which lays out the Design Standard for qualified and non-qualified residential project proposals by Single-Family and Duplex, and Multifamily housing types for: Subdivisions; Garages, Driveways and Parking; Street Frontage; Building Scale and Massing; Roof Forms; Windows, Doors, and Entries; Exterior Building Materials; Landscaping and Open Space; and Utilities and Auxiliary Structures. Table 12. Subjective Design Guidelines has been added to identify design guidelines that are applicable to all non-qualified residential projects according to the same parameters and categories described above for Table 11. Eight conditions required for approval of the residential development application and authorization for a design review permit following the public hearing. These are listed in a new subsection titled Approval Findings. Finally, the procedure for an applicant to secure building permits is described under the subheading Issuance of a Building Permit.

Table 5. HCD Comment Letter - Constraints on Housing for Persons with Disabilities Constraints on Housing for Persons with Disabilities:

While the element includes general information on the Town’s reasonable accommodation procedures (F.1 Governmental Constraints), it must also analyze these processes as potential constraints on housing for persons with disabilities. For example, the element notes that the Town charges a $250 fee for processing reasonable accommodation requests. Imposing a fee on processing reasonable accommodate requests could be considered a constraint, especially on an individual.

Additionally, the element has received public comments stating the cost of making retrofits or improvements is a barrier to housing for persons with disabilities. The element should analyze this requirement as a constraint on housing for persons with disabilities and add or modify programs as necessary.

The element includes some data and general discussion of housing challenges faced by extremely lowincome (ELI) households including noting the availability of large units and proposed programs.

However, the element should not just note or quantify the availability of resources but also provide an analysis of the existing resources to meet those needs and assess any gaps in resources. The element could include a discussion of any local and regional resources available for special needs populations. The element could also consult with local officials, special needs service providers, or city and county social and health service providers to assist in a complete analysis. Based on the outcomes of a complete analysis, the element should add or modify programs.

Page 7 ends

The Reasonable Accommodation subsection in F.1 Governmental Constraints has been modified, now including an explanation of the request procedure at the staff level, with appeal options to Town Council or ZDRB. A commitment to remove the fee for a reasonable accommodations request was added in this subsection as well as in Program 22 Planning Regulation Amendments, so as not to cause a financial impediment to lower-income households.

In Chapter C: Housing Needs Assessment, under the Special Housing Needs, Extremely LowIncome Households subsection, the list of resources to meet extremely low-income households has been augmented to describe availability of shelter beds for homeless; large housing units and deed restricted units; as well as, grant funding for the following programs: eviction and homelessness prevention, food bank, meals on wheels, emergency shelter, permanent supportive housing, community-based home health and several other safety net programs. Descriptions of other resources were added including funding from Napa Valley Community Foundation; services for persons with intellectual-development disabilities provided by North Bay Housing Coalition; Permanent Local Housing Assistance (PHLA) funds to augment funding for deed-restricted ADUs, and the home rehabilitation program; services to assist seniors; farmworker assistance services; social services information dissemination resources; and existing and proposed permanent supportive housing resources in the nearby City of Napa.

In response to HCD’s comment, the availability of appropriate housing for ELI households has been identified as an unmet need, and programs (1, 10, 13, 15, 18, 21 and 22) to address this unmet need are listed and summarized in the revised text.

Table 6. HCD Comment Letter - Goals, Actions, Metrics, and Milestones Goals, Actions, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues and foster inclusive communities. While the element includes some programs and metrics to potentially address fair housing issues, it generally does not appear to target any meaningful change, overcome fair housing issues and address affirmatively furthering fair housing (AFFH) requirements. In addition, since the that the Town is bifurcated between low resource areas east of Washington Street and high resource areas north of Finnell Road, the element should include place-based strategies for community development, infrastructure and protecting residents, particularly low-income residents, from disaster-driven and investment-driven displacement, and enhancing housing mobility to encourage the development of more housing choices and affordable housing, particularly for farmworkers and persons with disabilities. Additionally, the element must include geographic targeting, metrics and milestones toward AFFH outcomes. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml.

To address HCD’s comment about Goals, Actions, Metrics, and Milestones, which specifically references affirmatively furthering fair housing (AFFH) requirements, language has been added to a number of programs to clarify that actions will facilitate place-based revitalization, reduce potential for displacement and target the low resource areas and neighborhoods east of Washington Street and south of Finnell Road. As well, language has been added to a number of programs to clarify that actions will facilitate housing mobility and choice and target the high

Page 8 ends

resource areas and neighborhoods west of Washington Street and north of Finnell Road for vulnerable populations, particularly farmworkers, disabled persons, and very low-income households. Numerous programs were modified to be more specific about how the Town will market the availability of programs, services and funding, including target audiences, the methods for disseminating information and commitment to providing materials in multiple languages.

Quantified objectives were enhanced in several programs to provide aspirational targets for amounts of funding to be used, numbers of households to be assisted and types of households that will benefit (such as those with individuals with disabilities and developmental disabilities, extremely low-, very low- and low-incomes, large families, seniors, farmworkers and their families, female-headed households with children, employees of businesses in Yountville and others with special needs).

Additional Program Edits
Based on initial feedback received in conversation with HCD staff and comments in HCD’s letter, nearly all programs were updated, some more than others. Updates pertain to the AFFH requirements above, as well as to needs or barriers that are identified in analyses contained in other chapters of the Housing Element such as the Housing Needs Assessment, Fair Housing Assessment and Constraints to Housing Production. As such, those edits to programs are crossreferenced in the relevant analyses in those chapters.

The following additional edits were made to programs:
• Program 8. Affordable Housing Overlay Zone. Clarified location of AHO sites. • Program 9. Accessory Dwelling Units (ADUs). Added information about an application for PHLA funds that will be used to support grants to assist in the construction of deed restricted affordable ADUs. Added a commitment to update the Town’s ADU Ordinance to comply with State law within one year of Housing Element adoption and review the Town’s ADU Ordinance annually thereafter and continue to amend it as needed to comply with State law.
• Program 10. Create New Affordable Housing Opportunities. Description of program has been supplemented with sentences that the Town will pursue opportunities that target new units for farmworkers and persons with disabilities, and coordinate with affordable housing developers to further this objective, with focus on creating these opportunities in high resource areas. The quantified objective has been revised to prioritize 10 units for farmworkers and persons with disabilities out of the targeted 15 units. • Program 11. Increase Access to Affordable Housing Programs. The description has been amended to include focus on expanding acceptance of Housing Choice Vouchers (HCV) in high resource areas to facilitate housing mobility for lower-income households; and quantified objective revised to target three of the five new HCV recipients in high resource neighborhoods.
• Program 15. Preserve Affordable Units and Program 16. Preserve Rental Units. The quantified objectives have been augmented to include reference to protection of residents from displacement, particularly low-income residents. • Program 17. Replacement Units has been amended to specify that this program is applicable to the two existing units on Site 1.

Page 9 ends

• Program 18. Rehabilitation has been revised to add funding amounts and targets to actively market available housing rehabilitation funds to lower-income households in communities with older housing stock and/or the low resource area east of Washington Street and south of Finnell Road, identifying mobile homeowners in Bella Vista Park and Rancho de Napa Mobile Estates for at least two rehabilitation loans for mobile homes out of the targeted 10.
• Program 19. Yountville Home Repair Program has been edited with additional language in the description to reflect the application for PHLA funds on 11/30/2022 to support income-eligible owner- occupied home rehabilitation; and outlines a marketing approach targeting neighborhoods with older housing stock and/or the low resource area east of Washington Street and south of Finnell Road. The quantified objective has been edited to prioritize marketing of program funding within the lower-income and low resource geographic area south of Finnell Road and east of Washington Street, target two of the six lower-income eligible households as mobile-home owners and expand the quantified objective to an additional four lower-income homes (including at least one mobile home) pending award of PHLA Home Repair funds.
• Program 21. Special Housing Needs, Action 1. has been edited to expand farmworker housing mobility opportunities with a commitment to market the availability of programs and services in language appropriate formats to farmworkers residing at the Yount Mill Vineyards outside of the Town twice annually. More details about funding amounts and meeting frequency were also added. Action 5. has been added to ensure that new developments comply with ADA requirements and explore ways that will assist the mobility and access for persons with various disabilities in the public realm, with implementation by 2026 in the quantified objectives. A subsection c. has been added to Action 10. describing outreach to business owners regarding funding for worker housing options.
• Program 24. CalGreen Building Standards was renamed Program 24. CalGreen Building Standards and Pollution Prevention and Mitigation to reflect a new action item. This action item is collaboration with the County of Napa on pollution prevention programs to minimize negative effects to drinking water and air quality for Yountville residents due to agricultural, vineyard, and winery operations in the areas of Napa County near the Town, as well as exploration of approaches for mitigating exposure to air borne pollutants due to SR-29 transecting the western edge of the Town.
• Additional edits to programs are described earlier, in association with Table 1. HCD Comment Letter - Sites Inventory and Table 2. HCD Comment Letter - Program 22 (Planning Regulation Amendments)
Miscellaneous Revisions
Based on initial feedback received in conversation with HCD staff or to make minor corrections identified by Town staff or the consultant team, the following miscellaneous revisions were made:

1. Policy 1.2 was revised to remove language about limiting maximum lot sizes and unit sizes in single-family family residential areas, while retaining the language about encouraging efficient, small-lot developments.

2. Chapter A. Public Participation was amended to clarify that the Town followed requirements for noticing the availability of the draft Housing Element.

Page 10 ends

3. Chapter C. Housing Needs Assessment was revised to clarify that fewer than 13 homes in Yountville are in need of rehabilitation and no homes are in need of replacement.

4. Chapter E. Land Availability and Housing Resources was amended as follows:
a. To provide additional examples of recent, dense, multifamily projects in the Realistic Capacity subsection.
b. Section E.3. Accessory Dwelling Unit (ADU) Potential was updated to reflect the one building permit issued for an ADU in 2021.
c. A rounding error was corrected in Table E-3. Progress Towards RHNA. d. Section E.6. Infrastructure Availability was updated to clarify that dry utilities and water and sewer infrastructure are available to sites in the inventory and that water and wastewater capacity is sufficient to meet the needs of residential development on the identified sites.

5. Chapter F. Constraints to Housing Production was amended as follows:
a. Table F-5. Zoning for a Variety of Housing Types, which summarizes residential use types and how they are permitted in the Town’s zoning districts was amended to add a row for mobile and manufactured homes. The associated subsection Mobile/Manufactured Homes was updated accordingly.
b. The Emergency Shelters subsection was revised to clarify that the zone where emergency shelters are permitted (the PF zone) is close to services and transit and to add that during the 2020 Napa County Homeless Annual Point in Time Count Report (most recent data available), no persons experiencing homelessness were identified in Yountville.
c. A new subsection called Proportion of Fee in Overall Development Cost was added to the section on Fees and Exactions.
d. The subsection On- and Off-Site Improvements was expanded to provide more details on required improvements, approximate costs and the difference between requirements for properties in or out of “Old Town.” Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 9A
Yountville Town Council Staff Report
DATE: July 19, 2022
TO: Mayor and Town Council
FROM: Kirsty Shelton, Planning & Building Director
PREPARED BY: Kirsty Shelton, Planning & Building Director SUBJECT:

ZDRB and Town Council receive, review, and provide comments and recommendations for staff to incorporate prior to the submittal of the Draft Housing Element to the California Housing and Community Development Department (HCD) for the 6th Planning Cycle for the years 2023-2031.

DISCUSSION/BACKGROUND
Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in the community. This is accomplished through the adoption of a Housing Element, a required component of a local government’s General Plan. The General Plan is a long-range planning document that helps craft the vision of the Town. The purpose of a Housing Element is to identify current and projected housing needs, and to set goals, policies, and programs to address those needs.

Unlike other Elements of the General Plan, which may be updated at the discretion of each jurisdiction, California Government Code Sections 65580-65589.8 requires local jurisdictions to update the Housing Element of their General Plans every eight years, subject to the review and approval of the HCD. The Town’s current Housing Element (“5th Cycle”) was adopted in 2014 and covers the period from 2015 to 2023.

For this next cycle (“6th Cycle”), an updated Housing Element covering the period from 2023 to 2031 must be adopted by January 31, 2023. Please note, there is a 120-day grace-period, until May 31, 2023, to accommodate for delays. In December of 2021, the Town hired Placeworks as the consultant to prepare the updated Draft Housing Element. They have been working with staff to conduct public outreach and draft the Housing Element.

This draft Housing Element Update process was guided by public and Council input and was launched with a public Town Council meeting on January 18th, three Ad Hoc Committee meetings in February, two community workshops (February 16th and March 2nd), focus group meetings and stakeholder consultations throughout the Spring, and another Town Council meeting April 19th.

Now at the public draft stage, public review will be ongoing from July 8 – August 8, 2022. The Draft Housing Element is online, attached to this Staff Report, and there are paper copies available at the library and Town Hall. Staff will be incorporating Council and the public’s input prior to submitting to the HCD. HCD will then comment on the draft, which Staff and Placeworks will respond to. The goal is to present a Final Housing Element Update the first part of 2023 for ultimate Council adoption. The Final Housing Element Update will address the public and the State’s comments and will return to the ZDRB and Town Council for a request to adopt at a Public Hearing in February 2023. The Final Draft will be submitted to the HCD for certification in the Spring of 2023.

One of the primary purposes of the Housing Element update is to demonstrate that the Town can meet its Regional Housing Needs Allocation (RHNA). HCD provides an allocation to the Association of Bay Area Governments (ABAG). ABAG then determines the RHNA for the individual jurisdictions within its planning area. Table 1 provides the Town’s RHNA allocation for the 2023- 2031 planning period.

Table 1: Regional Housing Needs Allocation by Income Group Income Group Income Range RHNA (Units)
Very Low-Income
(<50% of Median Income) <$63,050 19
Low-Income
(50-80% of Median
Income)
$63,051 - $100,750
11 Moderate Income
(81-120% of Median
Income)
$100,751 - $143,300 12
Above Moderate Income
(>120% of Median Income) >$143,301 30
TOTAL 72
The Draft Housing Element includes a Housing Sites Analysis, which provides an inventory of land suitable for residential development. State law requires each jurisdiction to demonstrate that sufficient land is zoned to provide housing capacity that is adequate to meet the RHNA for each income level. The Draft Housing Element Sites Analysis demonstrates that an adequate number of appropriately zoned sites exist to meet the Town’s RHNA obligation, which is demonstrated through pending and approved residential projects, vacant sites which are zoned for low, medium, and highdensity housing, and projected Accessory Dwelling Units (ADUs).

Accounting for approved and pending projects, vacant site capacity, and projected ADUs, the Town has a total 29 surplus units. This surplus, or buffer, is critical to ensure the Draft Housing Element follows state law if identified sites develop at a different number or income level from what was identified in the Sites Inventory. Table 2 provides an analysis of the projected development of the Site Inventory, Anticipated ADUs, showing the surplus.

Table 2: Plan to Meet the 6th Cycle RHNA
Income
Group
RHNA Sites Anticipated
ADUs
Total
Capacity
Surplus
Lower
Income
(<80%
AMI)
30 35
6 41 11
Moderate Income
(81-120% of
Median
Income)
12 24 3 27 15
Above Moderate
Income
(>120% of Median
Income)
30 31 2 33 3
TOTAL 72 30 11 101 29
The Town’s Draft Housing Element is considering that the housing units would be developed within six sites throughout the Town.

Map 1: Site Inventory Map
For the HCD to approve the sites listed as potential for infill housing development, sites must be fully zoned and ready for development. There are other sites that may have the potential for housing development even though they couldn’t be relied upon to meet the RHNA. These other sites include the Veterans Home and the Yountville Elementary School Site.

Veterans Home
 Current uses: Residential accommodations for independent living with recreational, social, and therapeutic activities, Skilled Nursing Care and Memory Care Centers  Ownership: State of California, CalVet – interested in developing housing but the timing is tricky for the Housing Element
 Development potential: 100-150 units on 5 acres in the northeast corner; area is currently a meadow with a few old structures that could be moved or demolished  Target population for new housing: Independent living for Veterans, employee housing
Yountville Elementary School
 Current uses: Decommissioned school site
 Ownership: Napa Valley School District
 Size: 6.83 acres
This will be the first time the Public and Town Council will review the revised programs and the analysis of Fair Housing. This Draft Housing Element includes 24 Programs, 15 of which are a continuation of the previous cycle. Four of the programs are proposed to be modified and the Draft proposes five new ones. The proposed changes were made in response to public comments along with changes in state law.

In response to changes in state law, the Housing Element update process requires local governments to include a goal and programs to affirmatively further fair housing, this is an extensive new program (Program 23) that outlines the barriers to fair housing. In addition to the Fair Housing the following changes in state law were responded to:
 SB 166: Requires local governments to maintain enough land to meet the RHNA. [Program 6.

Adequate Sites]
 AB 686: Requires local governments to include a goal and programs to affirmatively further fair housing. [Program 23. Fair Housing]
 AB 1397: Allow housing developments with at least 20 percent affordable housing by-right, consistent with objective development and design standards, on lower-income vacant sites identified in the sites inventory that have been counted in two previous housing cycles or lowerincome nonvacant sites counted in one previous housing cycle. [Program 4. Sites Included in Previous Cycles]
 Residential Care Facilities shall be subject to the same restrictions that apply to other residential uses of the same type in the same zone.
 Employee Housing shall be allowed anywhere the Town permits a single-family residential land use. (Health and Safety Code section 17021.6)
 Emergency Shelters standards may allow sufficient parking to accommodate all staff, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (G.C. 65583(a)(4))
 Low Barrier Navigation Shelters shall be allowed as a by-right use in all zones allowing for mixeduses and in non-residential zones that permit multi-family housing. (G.C. 65660-65668)  Single Room Occupancy (SRO) and/or congregate residences (rental housing with communal dining and/or bathroom facilities) (other than those for seniors) shall be allowed in at least one zoning district. (G.C. 65583).
 Reasonable Accommodations procedures shall be reviewed and updated if needed to ensure the required findings are not potential barriers to housing for persons with disabilities, including developmental disabilities.
 Definition of Family shall be reviewed and amended as needed to ensure the definition of family does not act as a constraint for persons with disabilities.

The public comment period is open until August 8, 2022. The final draft including a response to comments will be uploaded on the Town’s website. Staff will continue to keep the ZDRB, Council, and the public informed as the process moves forward. The public is encouraged to join the mailing list on the Town’s Housing Element update webpage or email any public comments to [email protected].

ENVIRONMENTAL REVIEW
Proposed Amendments to the Housing Element Update were contemplated in the General Plan EIR (SCH# 2018082008). This Housing Element Update is consistent with the General Plan land use designations, and with the Yountville Municipal Code. Pursuant to Section 15183 of the California Environmental Quality Act (CEQA) guidelines, there is nothing peculiar to the project that would require additional environmental analysis.

Therefore, the proposed project is considered within the General Plan EIR, and the Notice of Determination (NOD) filed for the EIR.

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? 02-2115-4010 - Planning staff budget.

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. 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, and 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 planning for and adopting a plan to meet the regional workforce housing needs, the adoption of the draft Housing Element Update will continue the goals of the General and Strategic Plan.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion on the Draft Housing Element.

Authorize Staff to incorporate public, ZDRB, and Council input and submit the Draft Housing Element to the HCD for their review and comments after the conclusion of the public comment period. 2023-2031 Housing Element Update for the Town of Yountville 2023-2031 Housing Element Update | Town of Yountville
Presentation Agenda
» Housing Element Overview
» Regional Housing Needs Allocation (RHNA)
and Sites Inventory Capacity
» Assessment of Fair Housing (AFH)
» HCD Review Comments and
Summary of Changes
» Schedule and Recommendation
» Q & A
Housing Element Overview
2023-2031 Housing Element Update | Town of Yountville
Housing Element Overview
» It’s required!
 One of eight mandated General Plan elements
 Heavily regulated by State law
 Must be reviewed and certified by California Department of Housing and Community Development (HCD)
» State sets schedule for Housing Element updates
 5th Cycle: January 31, 2015 – January 31, 2023
 6th cycle Housing Element has an 8-year timeframe
 Planning period: 2023-2031
 Housing Element due date: January 31, 2023
2023-2031 Housing Element Update | Town of Yountville
Steps to Certification
Prepare draft
Housing
Element
Public review
period for
draft Housing
Element (30
days)
Adopt
Housing
Element
Joint ZDRB –
Town Council
Meeting to
review draft
Housing
Element
Receive
comments
from HCD and
edit draft to
address them
HCD review
of draft
Housing
Element
(90 days)
HCD
Certification
Review (60
days)
> > > Outreach > > > Outreach > > > Outreach > > > Outreach > > > Nov. 2022
– Jan 2023
July – Aug.
2022
Feb. –
April 2023
July 19,
2022
Aug. – Nov.
2022
Feb.
2023
Nov. 2021 –
July 2022
2023-2031 Housing Element Update | Town of Yountville
Housing Element Contents
Needs
Assessment
Constraints to
Housing
Development
Resources and
Sites Inventory
Policies and
Programs
Demographic
Trends
Housing
Market Trends
Special Needs
Groups
Assessment of
Fair Housing
Governmental
Market Trends
Environmental
Infrastructure
Zoning and
Capacity
ADUs and
Mobile Homes
Inventory of
Sites
Review of
Previous Housing
Element
Implementation
Identify 2023-
2031 Programs
Regional Housing Needs Allocation (RHNA)
and Sites Inventory Analysis
2023-2031 Housing Element Update | Town of Yountville
Plan to Meet the 6th Cycle RHNA
Income Category RHNA Sites Anticipated
ADUs
Total
Capacity Surplus
Lower*
<80% AMI (<$100,750) 30 35 6 41 11
Moderate
81-120% AMI
($100,751 - $143,300)
12 24 3 27 15
Above Moderate
>120% AMI (>$143,301) 30 29 1 30 0
Total 72 88 10 101 26
*Includes all income
categories earning
less than 80% AMI.

Area Median Income
(AMI), Four-Person
Household, 2022:
$119,400
Source: California
Department of Housing
and Community
Development,
State Income Limits for
Napa County, 2022;
ABAG Regional Housing
Needs Allocation 2023-
2031
2023-2031 Housing Element Update | Town of Yountville
Sites
# APN Address
1 036-330-001 Washington Street and Webber
2 036-090-002 6406 Washington Street
3 036-054-020 Humboldt Street
4 036--054-023 Humboldt Street
5 036-054-022 Humboldt Street
6 036-027-008 6902 Jefferson Street
Total
Assessment of Fair Housing (AFH)
2023-2031 Housing Element Update | Town of Yountville
Fair Housing Assessment
Patterns of Integration & Segregation
Income Distribution
Demographic Characteristics
Disabilities
Familial Status
Access to Opportunities
Transit Availability
Job Opportunities
Environmental Health
School Quality
Overcrowding
Housing Costs
Homelessness
Housing Conditions
Public/Private Investment
Land Use Patterns
Anti-Displacement Strategies
Local Knowledge
2023-2031 Housing Element Update | Town of Yountville
Opportunity Areas
» Mapped by TCAC and HCD
» Based on composite scores related to access to resources such as high-paying job opportunities; proficient schools; safe and clean neighborhoods; and other healthy
economic, social, and environmental indicators.
» To Affirmatively Further Fair Housing (AFFH), programs include strategies to:
 Increase access to high resource neighborhoods, particularly for households with special housing needs (low income, etc.) to promote housing mobility and choice.
 Improve neighborhoods with place-based revitalization and prevent displacement in existing low resource neighborhoods.

HCD Review Comments and
Summary of Changes
2023-2031 Housing Element Update | Town of Yountville
Summary of HCD Comments
» Provide clarification and additional analysis related to:
 Suitability of nonvacant sites
 Cumulative impacts of land use controls
 Processing and permit procedures
 Design review
 Existing resources to meet the housing needs of extremely low-income households and any gaps in resources
2023-2031 Housing Element Update | Town of Yountville
Summary of HCD Comments
» Modify programs to commit to:
 Address affirmatively furthering fair housing (AFFH)
requirements:
• Facilitate place-based revitalization, reduce potential for displacement
• Facilitate housing mobility and choice
• Be more specific about how the Town will market the availability of programs, services and funding
• Add metrics, milestones and geographic targeting
 Remove barriers in reasonable accommodation procedures  Refine Program 22. Planning Regulations Amendments to ensure zoning code compliance with State law
2023-2031 Housing Element Update | Town of Yountville
Summary of Changes to Sites Analysis
» Site 1: Added information about current uses and clarification about offsite housing requirement if site 1 is developed with an inn. » Site 2: Clarified the portion of the site that has potential for development, identified that the site is not environmentally constrained and is served by water and sewer infrastructure.
» Programs 1, 8 and 13: Added commitments to proactive actions that the Town will take to coordinate with owners of sites 1 and 2 and offer incentives. » Program 6: If development of site 1 triggers the off-site development requirement, the Town will facilitate as needed.
2023-2031 Housing Element Update | Town of Yountville
Summary of Changes to Housing Needs Assessment
» Added a list of resources to meet extremely low-income households to describe availability of shelter beds; large housing units and deed restricted units.
» Added a list of available funding for eviction and homelessness prevention, food bank, meals on wheels, emergency shelter, permanent supportive housing, community-based home health and several other safety net programs.
2023-2031 Housing Element Update | Town of Yountville
Summary of Changes to Housing Constraints
» Revised local processing and permit procedures to reflect typical processing time and approval body by type of permit or action. » Added details on minor and major design review procedures. » Added objective design standards for qualified and non-qualified residential project proposals.
» Added subjective design guidelines applicable to all non-qualified residential projects.
2023-2031 Housing Element Update | Town of Yountville
Summary of Additional Changes to Programs
Program Revision Made
Program 8. Affordable Housing Overlay Zone Clarified location of AHO sites Program 9. Accessory Dwelling Units (ADUs)
Added information about PHLA funds that will be used to support grants to assist in the construction of deed restricted affordable ADUs.

Added a commitment to update the Town’s ADU Ordinance to comply with State law within one year of Housing Element adoption and review the Town’s ADU Ordinance annually thereafter and continue to amend it as needed to comply with State law.

Program 10. Create New Affordable Housing
Opportunities
Added that the Town will pursue opportunities that target new units for farmworkers and persons with disabilities, and coordinate with affordable housing developers.

Program 11. Increase Access to Affordable
Housing Programs
Amended program to include focus on expanding acceptance of Housing Choice Vouchers (HCV) in high resource areas.
2023-2031 Housing Element Update | Town of Yountville
Program Revision Made
Program 15. Preserve
Affordable Units and
Program 16. Preserve Rental
Units
Included reference to protection of residents from displacement, particularly low-income residents.

Program 17. Replacement
Units Amended to specify that this program is applicable to the two existing units on Site 1.

Program 18. Rehabilitation
and Program 19. Yountville
Home Repair Program
Added funding amounts and targets to actively market program to lower-income households in communities with older housing stock, residents of mobile homes in Bella Vista Park and Rancho de Napa Mobile Estates and/or the low resource area east of Washington Street and south of Finnell Road.

Program 21. Special Housing
Needs
Expanded Action 1 to market housing programs and services in multiple languages to farmworkers residing at the Yount Mill Vineyards.

Expanded Action 5 to ensure that new developments comply with ADA requirements and to explore options for placemaking improvements in the public realm that will assist the mobility and access for persons with disabilities.

Expanded Action 10 to describe outreach to business owners regarding funding for worker housing options.

Summary of Additional Changes to Programs
2023-2031 Housing Element Update | Town of Yountville
Program Revision Made
Program 22. Planning
Regulations Amendments
Clarified zoning code amendments that will be made to ensure compliance with State law regarding residential care facilities, farmworker housing, emergency shelters, fee for reasonable accommodations requests, transitional and supportive housing, and ADUs.

Program 24. CalGreen
Building Standards and
Pollution Prevention and
Mitigation
Renamed Program 24. CalGreen Building Standards and Pollution Prevention and Mitigation to reflect a new action item to work collaboratively with the County to minimize negative effects to drinking water and air quality for Yountville residents due to agricultural, vineyard, and winery operations and to explore approaches for mitigating exposure to air borne pollutants due to SR29.

Summary of Additional Changes to Programs
Schedule and Recommendation
2023-2031 Housing Element Update | Town of Yountville
Project Kick-Off November 2021
Outreach Consultations, Meetings, Workshops and Focus Group January – July 2022 Draft Housing Element Public Review Period (30 days) July 8 – August 8, 2022 Joint ZDRB – Town Council Meeting July 19, 2022
HCD Initial Review (90 days) August – November 2022
Call with HCD Reviewers for Questions and Initial Comments October 25, 2022 1st Revised Housing Element Released November 9, 2022
Comment Letter from HCD Received November 18, 2022
2nd Revised Housing Element Released January 13, 2023
ZDRB Adoption Hearing January 23, 2023
Town Council Adoption Hearing February 7, 2023
Submit Adopted Housing Element to HCD –
Review and Certification (60 days)
February – April 2023
Final Revisions (if needed) April/May 2023
Schedule Milestones

WE ARE HERE
2023-2031 Housing Element Update | Town of Yountville
Recommendation
» It is recommended by the Planning and Building Department and the ZDRB that the Town Council adopt the Housing Element and authorize staff to submit the draft to HCD for certification review.

Q & A About this Presentation
Thank You
2023-2031 Housing Element Update for the Town of Yountville Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Steve Rogers, Town Manager
SUBJECT:

Consider Adoption of Resolution Number 23-4180 Approving a Professional Services Agreement between the Town of Yountville and the Yountville Chamber of Commerce for the Provision of Marketing and Promotional Services and Operation of Visitor Information Center from July 1, 2023 through June 30, 2026.

DISCUSSION/BACKGROUND
The Town of Yountville has had a long-standing contractual relationship with the Yountville Chamber of Commerce for thirty (30) years dating back to 1993 for marketing and the promotion of Yountville as a travel and tourism destination.

The current contract with the Chamber is set to expire at the end of June 2023 and calls for the Town to pay the Chamber $313,643 in the current final of the agreement for expenses associated with marketing and promotion services and operation of the Visitor Information Center. The existing agreement provided for up to a maximum of 3% CPI increases in each of 2021 and 2022. The proposed new agreement recommends a five percent (5%) CIP increase for this July 1, 2023 to $329,325 in recognition of the changed fiscal environment and inflationary impacts. Future years increases in July 2024 and July 2025 call for a CPI adjustment of up to a maximum amount of a three percent (3%) increase over the base level.

Over the past three (3) years during the pandemic, the Town has experienced a roller coaster of change with both record sales tax and TOT decline initially followed by strong TOT growth setting new records fueled by record room rate but tempered by a lower annual occupancy rate compared to pre-pandemic levels. Last year a new record in Transient Occupancy Tax (TOT) was set at $9.8 million and sales tax has rebounded. The COVID-19 Pandemic has significantly changed the tourism landscape and the going forward financial impacts are not fully known as the tourism economy continues to recover. These changes show the need for continuation of our local efforts to market our community and to be prepared to welcome visitors back to our community.

The focus of the agreement on the part of the Town is to continue fund efforts related to destination marketing and community promotion with an emphasis on maintaining and increasing TOT and sales tax generation. The Town and Chamber also will work with the local NVTID-Yountville and coordinate marketing and support programs utilizing applicable locally generated TID funds.

Approximately $40,000 of the Chamber’s funding requested is directed to continue the highly popular lighting of the Town public right-of-way for the Holidays in Yountville holiday season promotion from Thanksgiving until the New Year. This funding is a pass-through of sort which goes to the Chamber to pay for the lighting display contract costs that the Chamber manages. This work could either be done by Town Staff instead of them performing other work or managed as a public works contract through a competitive bid process. The current approach is a very cost-effective way for the Town and community to obtain the holiday season lighting.

Key elements of the proposed agreement include the following:
• A three (3) year agreement beginning July 1, 2023 through June 30, 2026. • Establishes a Year 1 base funding level of $329,325.00 paid in two installments to perform the identified scope of services.
• Provides for a CPI-based annual adjustment for Years 2 and 3 of the contract up to a maximum of 3%. CPI shall be the San Francisco-Oakland-San Jose, All Items 1982- 1984=100, All Urban Consumers index report for the month of April. • The Town Manager or designee may be a voting member of the Chamber Board of Directors. . This is to foster strong and ongoing communication channels between the Chamber Board members and Town staff.
• Agreement with the Chamber to work on local resident programs such as the Town’s Resident Bash, holiday lighting, Holidays in Yountville and local business outreach efforts.
• Agreement with the Chamber to help support NVTID-Yountville initiatives. • Agreement with Chamber for continued coordination of efforts with Visit Napa Valley. • Utilization of website and social media and digital platforms to promote Yountville. • Restructures focus on marketing efforts as appropriate to support ongoing recovery efforts related to the COVID-19 economic recovery.

The proposed agreement identifies the following core scope of services to be performed:

Tourism Marketing and Promotional Efforts and Visitor Center Operation The Yountville Chamber of Commerce shall, at a minimum, operate a locally based Welcome Center, provide the following efforts to proactively market and promote the Town of Yountville as a visitor destination, its Chamber members, and help to improve the overall visitor experience, and to implement effective marketing and promotional programs which help to generate and maintain TOT and sales tax revenue to the Town's General Fund thereby directly contributing to the quality of life for local residents by funding core town services:

1. Retain services of a professional public relations/marketing firm(s) or other mutually agreed upon strategy to assist in the marketing, generation of public relations media exposure which showcases the image of Yountville as a high-end resort destination.

2. Maintain an exciting and updated Chamber website and provide a link to the Town website; utilize And engage in various social media platforms and appropriate to Yountville’s applicable target demographics to build awareness and promote the destination.

3. Operate and staff a Visitor Information (Welcome) Center on a daily basis. The hours of operation to serve the needs of the visitors and others shall generally be 10:00 a.m. to 5:00 p.m. daily except for holidays and Chamber-staffed Special Events. Chamber may modify visitor center hours with prior mutual agreement of the Town.

4. Produce and update as necessary various Town promotional collateral information such as, but not limited to walking map of the Town, business maps and other such business related information of use to a visitor.

Special Events Marketing Support
The Chamber is responsible for providing marketing support of community-wide events which are designed to focus on and promote the Town's culinary and wine industry to both the local and regional community. The Chamber will be an active partner and participant in the implementation of community-wide events.

1. Yountville International Short Film Festival; An annual short film festival, featuring over 100 films, food and wine from Yountville, held in February to attract tourists to town. The Chamber is committed to working with event producers to ensure the Yountville International Short Film Festival is on a level that is appropriate and consistent with the existing brand image of Yountville.

2. Holidays in Yountville; A six-week holiday calendar of events, activities and performances by chamber member businesses. The program is designed to drive commerce and visitation during the holiday season from the Sunday before Thanksgiving to New Year’s Day. a) Town-wide LED Lighting Installation in support of Holidays in Yountville prior to Thanksgiving and continuing through the holiday season to a mutually agreeable date in January or February; Chamber shall be responsible for the coordination and all aspects of managing a contract with a vendor for the installation of LED lighting on trees and street lights, poles, etc. along the Town's public right-of-way and Town owned buildings on Washington and Yount Streets during the time period.

3. Community Event Support; Chamber may also provide support and assistance, given time, budget and staffing constraints, to other community activities including but not limited to:
• Town & Tree Lighting Event
• Yountville Mustard Celebration
• Yountville Days Parade and Festival
• Celebrity Chef s Veterans Day Luncheon for Veterans Home residents • Art Sip & Stroll
• NVTID-Yountville activities and outreach efforts
• Yountville Residents Bash
• Yountville Pride Weekend
• Yountville 4th of July Celebration
• Concerts in the Park
• Movies in the Park
Business Education and Community Outreach Efforts

1. Chamber shall sponsor annually one to two "Business Informational Meetings" in partnership with the Town. These events are designed to provide up-to-date information to local businesses on activities being undertaken by the Chamber and Town that have an impact on the local business community. Chamber and Town shall work together to identify the topics, dates and times of these events.

2. Create and promote business information exchange through monthly networking mixers for residents and businesses, new business ribbon cuttings, educational seminars and various other networking programs.

3. Develop and maintain the Yountville Residents program; including promoting local businesses, locally focused events for Residents, etc.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Community Promotion and Programs Fund 01-1015 Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Yes

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. The Chamber operates a visitor information center, website, and phone call, which directs visitors to local lodging and restaurants, tasting rooms and other retail which generates TOT and sale tax revenue.

Contracting with the Chamber is a more cost-efficient method to operate the visitor information center, marketing efforts, and lighting of the Town for holidays than these efforts being done by Town staff or Town staff managing these efforts.

The Chamber provides a forum for Town staff to hold business and industry forums and information exchange and outreach efforts.

Note, significant staff resources and change in organizational staffing structure would be required for the Town to directly operate a visitor center or actively market and promote the Town.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Adopt Resolution Number 23-4180 Approving a Professional Services Agreement between the Town of Yountville and the Yountville Chamber of Commerce for the Provision of Marketing and Promotional Services and Operation of Visitor Information Center from July 1, 2023 through June 30, 2026.

Town of Yountville
Resolution Number 23-4180

APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF

YOUNTVILLE AND THE YOUNTVILLE CHAMBER OF COMMERCE FOR THE PROVISION

OF MARKETING AND PROMOTIONAL SERVICES AND OPERATION OF VISITOR INFORMATION CENTER FROM JULY 1, 2023 THROUGH JUNE 30, 2026 Recitals
A. The Town Council recognizes that Yountville is an internationally renowned tourist destination resort known for its high-end resorts and spas, exceptional wines, highly regarded restaurants and general commerce celebrating the wine and culinary lifestyle that makes Yountville the “Heart of the Napa Valley” and where one comes to “Taste Life Here”.

B. The Town recognizes that tourism and general commerce constitute the major industry and generate significant municipal revenues in Yountville. The Town’s general fund derives significant revenues, over 75%, from the Transient Occupancy Tax (TOT) and sales tax generated by tourism which is the single largest source of General Fund revenue to fund core governmental services. Local property taxes are not sufficient to pay for the combined contract costs for public safety (law enforcement and fire and emergency medical services).

C. During the last three-year cycle the Town annually generated over $20 million in TOT and over $4 million in sales tax revenues which are associated with the Town’s tourism economy.

D. The COVID-19 Pandemic situation shows that the Town is not immune to fiscal challenges and that destination marketing and promotion is necessary to restore TOT and sales tax revenue derived from visitors to Yountville.

E. Tourism is a clear industry which provides the majority of the General Fund revenue stream which allows the Town to provide the high-quality of services it provides to the local residents.

F. The Town has a lean staffing organization and does not have the staffing to allocate to marketing and promotional activities. The Town seeks to partner with the Chamber and make an investment in the promotion and marketing of tourism in Yountville which has a direct impact on the Town’s primary revenue source.

G. The Chamber is directed by an elected Board of Directors from the local business community with professional staff and volunteers and is organized and equipped to carry on such promotional and marketing activities on behalf of the Town. The Chamber has provided marketing and promotional support for over a decade and is qualified and willing to continue to provide such marketing and promotional services for the Town as outlined in the Agreement and scope of work to be provided.

H. Section 37110 of the California Government Code authorizes the expenditures of money accruing to the General Fund in the Fiscal Year for such promotion and marketing.

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

1. Adopts Resolution Approving Agreement for Marketing and Promotional and Operation of Visitor Information Center Services between the Town of Yountville and the Yountville Chamber of Commerce and authorizes the Town Manager to execute and administer the agreement.

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 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
-_____________________
Margie Mohler, Mayor
ATTEST:
________________________ __________________
Eddy Gomez, Town Clerk

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN

OF YOUNTVILLE AND THE YOUNTVILLE CHAMBER OF COMMERCE

TO OPERATE THE WELCOME CENTER AND PROVIDE

MARKETING AND PROMOTIONAL SERVICES
THIS AGREEMENT is made and entered into this 21st day of April, 2020 by and between the Town of Yountville (hereinafter 'Town', a municipal corporation, and the Yountville Chamber of Commerce (hereinafter ‘Chamber’).

RECITALS
A) The Town recognizes that Yountville is an international tourist destination renowned for its high end resorts and spas, exceptional wines, highly regarded restaurants and general commerce celebrating the wine and culinary lifestyle that makes Yountville the "heart of the Napa Valley"TM and the locale one comes to "Taste Life Here." B) The Town's general fund derives significant revenues, over 75 percent, from the Transient Occupancy Tax (TOT) and sales tax generated as a result of tourism in our community. Tourism is a clean industry which provides the significant revenue stream which allows the Town to provide the high quality of services it provides to the local residents at little direct cost to the residents.

C) As such, Town seeks to work with the local business community to invest funding to market and promote Yountville as a desirable destination choice for both potential first time and repeat visitors and to ensure that visitors continue to stay in our lodging, dine in our restaurants, and shop in our local retail stores generating local tax revenue.

D) The Town is a leanly staffed organization which does not have existing staff resources to allocate to marketing and promotional activities or the daily operation of the Welcome Center. Consistent with its hybrid service delivery model, the Town has established a longstanding partnership with the Chamber as its vehicle to make an investment in the promotion and marketing of tourism in Yountville which has a direct and significant positive impact on the Town's primary revenue source.

E) Section 37110 of the California Government Code authorizes the expenditures of money accruing to the General Fund in the Fiscal Year for such promotion and marketing.

F) The Chamber is recognized by the Internal Revenue Service as a section 501[c][6] nonprofit organization.

G) The Chamber is directed by an elected Board of Directors from the local business community with a professional staff and volunteers and is organized and equipped to staff and operate the Welcome Center and to carry on such promotional and marketing activities on behalf of the Town.

H) The Chamber has established working relationships with Visit Napa Valley (regional tourism promotional agency) and works in partnership to support the local NVTIDYountville promotional efforts and has a voting seat on the local NVTID-Yountville governing body.

I) Town has previously adopted agreements with the Chamber to operate the Welcome DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F Center and for marketing and promotional services for FY 1993-95, 1995-96, 1997-98, 1998-99, 1999-2000, 2000-01, 2002-03, 2003-04, 2004-05 , 2005-08, 2008-11, 2011- 2014, 2014-2017 and 2017-2020.

Therefore, for the considerations hereinafter specified, the parties agree as follows:

Section 1. Scope of Services. The services to be provided by the Yountville Chamber of Commerce "Chamber" for the year commencing July 1, 2020, shall be as outlined in Exhibit A attached hereto and shall be reviewed annually by the parties.

Section 2. Term of Agreement. This Agreement shall begin July 1, 2020 and terminate on June 30, 2023. The agreement shall be subject to an annual review by the parties of the Scope of Services and Budget for future years beginning July 1, 2021 and July 1, 2022.

Section 3. Compensation.

A) For the services described in Exhibit A to be performed during the year commencing July 1, 2020, the Chamber shall be paid a minimum sum of $298,537.00 per year to be paid as follows:

July 1, 2020 $149,268.50
January 1, 2021 $149,268.50
B) There will be an annual CPI adjustment (SF all urban consumers index) not to exceed 3% for the years beginning July 1, 2021 and July 1, 2022 unless otherwise approved by the Town Council.

Section 4. Accounting. The Chamber agrees to account for all funding provided and to keep complete books and records thereof and to make available and to submit to audit by the Town of all the Chambers' books, records, and financial statements upon the Town's request and with reasonable prior notice.

Section 5. Performance Evaluation/Tracking. For the purposes of evaluating the effectiveness of the marketing and promotional services to be provided by the Chamber, the Chamber shall provide an annual written report to the Town by approximately May 31st which shall include the following information:

A) Statistics of visitor activity including the following:

1. The origin and number of visitors coming to Yountville Welcome Center during hours of operation, which are 10:00 a.m. to 5:00 p.m. daily except for holidays and Chamber staffed meetings or events. Chamber may modify Welcome Center hours with prior mutual agreement of the Town,

2. Utilization and traffic counts on Chamber website, Yountville.com.

3. Utilization and followers on Social Media, reflective of industry standards,

4. Track attendance, as possible, at major special events coordinated by Chamber.

B) Provide an annual report on marketing and promotional efforts by retained professional firm(s); including periodic reports on advertising, press coverage, and press releases with dates of publication or release.

DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F C) Status of projects/programs outlined in Exhibit A, "Scope of Services." D) Annual report shall be submitted by May 31 or shortly thereafter depending on Town Council meeting calendar.

E) Town Manager or designee shall serve on the Chamber Board of Directors. Town Manager or designated staff representative may also serve on other Chamber subcommittees.

F) Town Manager and Chamber President & CEO shall meet periodically to discuss and review marketing trends, business climate, etc. within Yountville and the Napa Valley region.

Section 6. Promotional Credit and Recognition. Town shall be listed and credited as an official corporate sponsor for all Chamber events and activities. Town shall provide copy of logo for such credit use. Town shall be considered as a corporate business member of the chamber and entitled to same membership benefits as other chamber business members for participation in chamber events and activities by Town elected officials and staff.

Section 7. Independent Contractors. It is understood and agreed that the Chamber, in the performance of the work and services agreed to be performed by Chamber, shall act as and be an independent contractor. Chamber shall obtain no rights or other benefits that accrue to employees of Town.

Section 8. Indemnification. The Chamber shall indemnify, hold harmless and defend the Town, its agents, and employees for all liability, actions, claims, damages, costs, or expenses, including attorney's fees and witness costs, which may be asserted by any person, including the Chamber, arising out of or in connection with the performance by the Chamber under the terms of this Agreement at a level determined by the Town.

Section 9. Insurance Requirements. Chamber agrees to have and maintain Worker's Compensation Insurance coverage.

Section 10. Nondiscrimination. The Chamber shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, ancestry, color, sex, age, national origin, religion, material status, medical condition, or handicap.

Section 11. Governing Law. Town and Chamber agree that the law governing this Agreement shall be that of the State of California.

Section 12. Compliance With Laws. Chamber shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, State, and Local agencies.

Section 13. Disclosure/Provision of Information. Brochures, maps, or other promotional materials produced by Chamber using the funds arising out of this Agreement shall include the Town logo on the material. Any information developed by Chamber pursuant to this Agreement shall be provided to Town upon Town's request.

Section 14. Waiver. The parties agree that waiver, breach, or violation of any term or DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by Town of the performance of any work or services by Chamber shall not be deemed to be a waiver of any term or condition of this Agreement.

Section 15. Assignment/Delegation. Except as above, neither party hereto shall assign, sublet, or transfer any interest in or duty under this Agreement without written consent of the other, and no assignment shall be of any force or affect whatsoever unless and until the other party shall have so consented.

Section 16. Conflict of Interest. The Chamber covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Chamber further covenants that in the performance of this contract, no person having any such interest shall be employed.

Section 17. Attorney's Fees. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorney's fees and costs as part of such action or proceeding.

Section 18. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

Section 19. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, return-receipt requested, addressed to the respective parties as follows:

President &CEO Town Manager
Yountville Chamber of Commerce Town of Yountville
PO Box 2064 6550 Yount Street
Yountville, CA 94599 Yountville, CA 94599
Section 20. Prior Agreements. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

Section 21. Entire Agreement. Both parties acknowledge that by entering into this Agreement, the Town is not assuming any obligation to operate, supervise, or fund Chamber or any other obligations to Chamber other than those expressly stated herein. This Agreement constitutes the entire agreement among the parties and may not be modified or changed, except by written instrument executed by both parties.

Section 22. Termination. Should Chamber fail to perform any of its obligations hereunder, within the time and in the manner provided, or otherwise violate any of the terms of this Agreement, the Town may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event. Upon termination the Chamber shall not be due monies that are unpaid, and any unexpended monies shall be due to the Town. No amounts shall be expended by the Chamber following the date of written notice of termination without written consent of the Town. The Chamber shall be compensated as above, DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by Town by virtue of the Chamber 's breach of this Agreement.

Dated:____________________________ Dated: _____________________________

TOWN OF YOUNTVILLE YOUNTVILLE CHAMBER OF COMMERCE
_________________________ ______________________________________ Steven Rogers Whitney Diver McEvoy
Town Manager President & CEO
ATTEST:
__________________________________
Michelle Dahme
Town Clerk

APPROVED AS TO FORM
__________________________________
Gary Bell
Town Attorney
DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F 4/27/2020 | 11:41 AM PDT 4/27/2020 | 12:29 PM PDT
Exhibit A
Scope of Work
Yountville Chamber of Commerce Marketing and Promotional and Operation of Welcome Center Services Agreement
A. Tourism Marketing and Promotional Efforts and Welcome Center Operation The Yountville Chamber of Commerce shall, at a minimum, operate a locally based Welcome Center, provide the following efforts to proactively market and promote the Town of Yountville as a visitor destination, its Chamber members, and help to improve the overall visitor experience, and to implement effective marketing and promotional programs which help to generate and maintain TOT and sales tax revenue to the Town's General Fund thereby directly contributing to the quality of life for local residents by funding core town services:

1. Retain services of a professional public relations/marketing firm(s) or other mutually agreed upon strategy to assist in the marketing, generation of public relations media exposure which showcase the image of Yountville as a high-end resort destination.

2. Maintain an exciting and updated website, yountville.com and provide a link to the Town website.

3. Utilize and engage in various Social Media platforms and appropriate to Yountville’s applicable target demographics to build awareness and promote the destination.

4. Operate and staff a Welcome Center on a daily basis; including walk-ins, email and phone calls. The hours of operation to serve the needs of the visitors and others shall generally be 10:00 a.m. to 5:00 p.m. daily except for holidays and Chamber staffed meetings or events. Chamber may modify visitor center hours with prior mutual agreement of the Town.

A. The Welcome Center will also provide a central location for the display of marketing materials for area attractions, activities, wineries, dining, shopping, etc.

Welcome Center volunteers will maintain a knowledge base of the area history, visitor opportunities, activities and events.

5. Produce and update as necessary various Town promotional collateral information such as, but not limited to walking map of Town, business map and other such business related information of use to a visitor.

6. The chamber will implement and executive a marketing strategy in response to the COVID-19 Pandemic.

B. Special Events Marketing Support
The Chamber is responsible for providing marketing support of community-wide events which are designed to focus on and promote the Town's culinary and wine industry to both the local and regional community. The Chamber will be an active partner and participant in the implementation of community wide events.

DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F

1. Yountville Live & Taste of Yountville; An annual food, wine and music festival held in March/April designed to showcase Yountville's hospitality, restaurants, wineries, businesses, cultural arts and attractions. The Chamber is committed to working with Live in the Vineyard, Forefront Entertainment, the Town, NVTID-Yountville, and other partners to ensure Yountville Live and Taste of Yountville event experience is on a level that is appropriate and consistent with the existing brand image of Yountville.

2. Holidays in Yountville; A six-week holiday calendar of events, activities and performances by chamber member businesses. The program is designed to drive commerce and visitation during the holiday season from the Sunday before Thanksgiving to New Year’s Day.
a) Town-wide LED Lighting Installation in support of Holidays in Yountville prior to Thanksgiving and continuing through the holiday season to a mutually agreeable date in January or February; Chamber shall be responsible for the coordination and all aspects of managing a contract with a vendor for the installation of LED lighting on trees and street lights, poles, etc. along the Town's public right-of-way and Town owned buildings on Washington and Yount Streets during the time period.

3. Community Event Support; Chamber may also provide support and assistance, given time, budget and staffing constraints, to other community activities including but not limited to:
 Town & Tree Lighting Event
 Yountville Days Parade and Festival
 Celebrity Chef s Veterans Day Luncheon for Veterans Home residents  Arts in April Event(s)
 Art Sip & Stroll
 Napa Valley Film Festival
 NVTID-Yountville activities and outreach efforts
 Yountville Residents Bash
 Concerts in the Park
 Movies in the Park
C. Business Education and Community Outreach Efforts

1. Chamber shall sponsor annually one to two "Business Informational Meetings" in partnership with the Town. These events are designed to provide up to date information to local businesses on activities being undertaken by the Chamber and Town that have an impact on the local business community. Chamber and Town shall work together to identify the topics, dates and times of these events.

2. Create and promote business information exchange through monthly networking mixers for residents and businesses, new business ribbon cuttings, educational seminars and various other networking programs.

3. Develop and maintain Yountville Residents program; including promoting local businesses, locally focused events for Residents, etc.

DocuSign Envelope ID: 71BD611D-A51E-4794-820E-06BEE231CF2F

5.28.2020
5/28/2020 | 10:04 AM PDT

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN

OF YOUNTVILLE AND THE YOUNTVILLE CHAMBER OF COMMERCE

TO OPERATE THE WELCOME CENTER AND PROVIDE

MARKETING AND PROMOTIONAL SERVICES
THIS AGREEMENT is made and entered into this 7th day of February, 2023 by and between the Town of Yountville (hereinafter 'Town', a municipal corporation, and the Yountville Chamber of Commerce (hereinafter ‘Chamber’).

RECITALS
A) The Town recognizes that Yountville is an international tourist destination renowned for its high end resorts and spas, exceptional wines, highly regarded restaurants and general commerce celebrating the wine and culinary lifestyle that makes Yountville the "heart of the Napa Valley"TM and the locale one comes to "Taste Life Here." B) The Town's general fund derives significant revenues, over 75 percent, from the Transient Occupancy Tax (TOT) and sales tax generated as a result of tourism in our community. Tourism is a clean industry which provides the significant revenue stream which allows the Town to provide the high quality of services it provides to the local residents at little direct cost to the residents.

C) As such, Town seeks to work with the local business community to invest funding to market and promote Yountville as a desirable destination choice for both potential first time and repeat visitors and to ensure that visitors continue to stay in our lodging, dine in our restaurants, and shop in our local retail stores generating local tax revenue.

D) The Town is a leanly staffed organization which does not have existing staff resources to allocate to marketing and promotional activities or the daily operation of the Welcome Center. Consistent with its hybrid service delivery model, the Town has established a longstanding partnership with the Chamber as its vehicle to make an investment in the promotion and marketing of tourism in Yountville which has a direct and significant positive impact on the Town's primary revenue source.

E) Section 37110 of the California Government Code authorizes the expenditures of money accruing to the General Fund in the Fiscal Year for such promotion and marketing.

F) The Chamber is recognized by the Internal Revenue Service as a section 501[c][6] nonprofit organization.

G) The Chamber is directed by an elected Board of Directors from the local business community with a professional staff and volunteers and is organized and equipped to staff and operate the Welcome Center and to carry on such promotional and marketing activities on behalf of the Town.

H) The Chamber has established working relationships with Visit Napa Valley (regional destination marketing organization) and works in partnership to support the local NVTIDYountville promotional efforts and has a voting seat on the local NVTID-Yountville governing body.

I) Town has previously adopted agreements with the Chamber to operate the Welcome Center and for marketing and promotional services for FY 1993-95, 1995-96, 1997-98, 1998-99, 1999-2000, 2000-01, 2002-03, 2003-04, 2004-05, 2005-08, 2008-11, 2011- 2014, 2014-2017, 2017-2020 and 2020-2023.

Therefore, for the considerations hereinafter specified, the parties agree as follows:

Section 1. Scope of Services. The services to be provided by the Yountville Chamber of Commerce "Chamber" for the year commencing July 1, 2023, shall be as outlined in Exhibit A attached hereto and shall be reviewed annually by the parties.

Section 2. Term of Agreement. This Agreement shall begin July 1, 2023 and terminate on June 30, 2026. The agreement shall be subject to an annual review by the parties of the Scope of Services and Budget for future years beginning July 1, 2024 and July 1, 2025.

Section 3. Compensation.

A) For the services described in Exhibit A to be performed during the year commencing July 1, 2023, the Chamber shall be paid a minimum sum of $329,325.00 per year to be paid as follows:

July 1, 2023 $164,662.50
January 1, 2024 $164,662.50
B) There will be an annual CPI adjustment (SF all urban consumers index) not to exceed 3% for the years beginning July 1, 2024 and July 1, 2025 unless otherwise approved by the Town Council.

Section 4. Accounting. The Chamber agrees to account for all funding provided and to keep complete books and records thereof and to make available and to submit to audit by the Town of all the Chambers' books, records, and financial statements upon the Town's request and with reasonable prior notice.

Section 5. Performance Evaluation/Tracking. For the purposes of evaluating the effectiveness of the marketing and promotional services to be provided by the Chamber, the Chamber shall provide an annual written report to the Town by approximately May 31st which shall include the following information:

A) Statistics of visitor activity including the following:

1. The origin and number of visitors coming to Yountville Welcome Center during hours of operation, which are 10:00 a.m. to 4:00 p.m. Monday – Friday, and 10:00 a.m. – 3:00 p.m. Saturday and Sunday, except for holidays and Chamber staffed meetings or events. Chamber may modify Welcome Center hours with prior mutual agreement of the Town,

2. Utilization and traffic counts on Chamber website, Yountville.com.

3. Utilization and followers on Social Media, reflective of industry standards,

4. Track attendance, as possible, at major special events coordinated by Chamber.

B) Provide an annual report on marketing and promotional efforts by retained professional firm(s); including periodic reports on advertising, press coverage, and press releases with dates of publication or release.

C) Status of projects/programs outlined in Exhibit A, "Scope of Services." D) Annual report shall be submitted by May 31 or shortly thereafter depending on Town Council meeting calendar.

E) Town Manager or designee may serve on the Chamber Board of Directors. Town Manager or designated staff representative may also serve on other Chamber subcommittees. This is to foster strong and ongoing communication channels between the Chamber Board members and Town staff.

F) Town Manager and Chamber President & CEO shall meet periodically to discuss and review marketing trends, business climate, etc. within Yountville and the Napa Valley region.

Section 6. Promotional Credit and Recognition. Town shall be listed and credited as an official corporate sponsor for all Chamber events and activities. Town shall provide copy of logo for such credit use. Town shall be considered as a corporate business member of the chamber and entitled to same membership benefits as other chamber business members for participation in chamber events and activities by Town elected officials and staff.

Section 7. Independent Contractors. It is understood and agreed that the Chamber, in the performance of the work and services agreed to be performed by Chamber, shall act as and be an independent contractor. Chamber shall obtain no rights or other benefits that accrue to employees of Town.

Section 8. Indemnification. The Chamber shall indemnify, hold harmless and defend the Town, its agents, and employees for all liability, actions, claims, damages, costs, or expenses, including attorney's fees and witness costs, which may be asserted by any person, including the Chamber, arising out of or in connection with the performance by the Chamber under the terms of this Agreement at a level determined by the Town.

Section 9. Insurance Requirements. Chamber agrees to have and maintain Worker's Compensation Insurance coverage.

Section 10. Nondiscrimination. The Chamber shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, ancestry, color, sex, age, national origin, religion, material status, medical condition, or handicap.

Section 11. Governing Law. Town and Chamber agree that the law governing this Agreement shall be that of the State of California.

Section 12. Compliance With Laws. Chamber shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, State, and Local agencies.

Section 13. Disclosure/Provision of Information. Brochures, maps, or other promotional materials produced by Chamber using the funds arising out of this Agreement shall include the Town logo on the material. Any information developed by Chamber pursuant to this Agreement shall be provided to Town upon Town's request.

Section 14. Waiver. The parties agree that waiver, breach, or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by Town of the performance of any work or services by Chamber shall not be deemed to be a waiver of any term or condition of this Agreement.

Section 15. Assignment/Delegation. Except as above, neither party hereto shall assign, sublet, or transfer any interest in or duty under this Agreement without written consent of the other, and no assignment shall be of any force or affect whatsoever unless and until the other party shall have so consented.

Section 16. Conflict of Interest. The Chamber covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Chamber further covenants that in the performance of this contract, no person having any such interest shall be employed.

Section 17. Attorney's Fees. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorney's fees and costs as part of such action or proceeding.

Section 18. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

Section 19. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, return-receipt requested, addressed to the respective parties as follows:

President &CEO Town Manager
Yountville Chamber of Commerce Town of Yountville
PO Box 2064 6550 Yount Street
Yountville, CA 94599 Yountville, CA 94599
Section 20. Prior Agreements. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

Section 21. Entire Agreement. Both parties acknowledge that by entering into this Agreement, the Town is not assuming any obligation to operate, supervise, or fund Chamber or any other obligations to Chamber other than those expressly stated herein. This Agreement constitutes the entire agreement among the parties and may not be modified or changed, except by written instrument executed by both parties.

Section 22. Termination. Should Chamber fail to perform any of its obligations hereunder, within the time and in the manner provided, or otherwise violate any of the terms of this Agreement, the Town may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event. Upon termination the Chamber shall not be due monies that are unpaid, and any unexpended monies shall be due to the Town. No amounts shall be expended by the Chamber following the date of written notice of termination without written consent of the Town. The Chamber shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by Town by virtue of the Chamber 's breach of this Agreement.

Dated:____________________________ Dated: _____________________________

TOWN OF YOUNTVILLE YOUNTVILLE CHAMBER OF COMMERCE
_________________________ ______________________________________ Steven Rogers Whitney Diver McEvoy
Town Manager President & CEO
ATTEST:
__________________________________
Eddy Gomez
Town Clerk

APPROVED AS TO FORM
__________________________________
Gary Bell
Town Attorney
Exhibit A
Scope of Work
Yountville Chamber of Commerce Marketing and Promotional and Operation of Welcome Center Services Agreement
A. Tourism Marketing and Promotional Efforts and Welcome Center Operation The Yountville Chamber of Commerce shall, at a minimum, operate a locally based Welcome Center, provide the following efforts to proactively market and promote the Town of Yountville as a visitor destination, its Chamber members, and help to improve the overall visitor experience, and to implement effective marketing and promotional programs which help to generate and maintain TOT and sales tax revenue to the Town's General Fund thereby directly contributing to the quality of life for local residents by funding core town services:

1. Retain services of a professional public relations/marketing firm(s) or other mutually agreed upon strategy to assist in the marketing, generation of public relations media exposure which showcase the image of Yountville as a high-end resort destination.

2. Maintain an exciting and updated website, yountville.com and provide a link to the Town website.

3. Utilize and engage in various Social Media platforms and appropriate to Yountville’s applicable target demographics to build awareness and promote the destination.

4. Operate and staff a Welcome Center on a daily basis; including walk-ins, email and phone calls. The hours of operation to serve the needs of the visitors and others shall generally be 10:00 a.m. to 4:00 p.m. Monday – Friday, and 10:00 a.m. – 3:00 p.m.

Saturday and Sunday, except for holidays and Chamber staffed meetings or events.

Chamber may modify visitor center hours with prior mutual agreement of the Town.

A. The Welcome Center will also provide a central location for the display of marketing materials for area attractions, activities, wineries, dining, shopping, etc.

Welcome Center volunteers will maintain a knowledge base of the area history, visitor opportunities, activities and events.

5. Produce and update as necessary various Town promotional collateral information such as, but not limited to walking map of Town, business map and other such business related information of use to a visitor.

6. The chamber will implement and executive a marketing strategy in response to the COVID-19 Pandemic.

B. Special Events Marketing Support
The Chamber is responsible for providing marketing support of community-wide events which are designed to focus on and promote the Town's culinary and wine industry to both the local and regional community. The Chamber will be an active partner and participant in the implementation of community wide events.

1. Yountville International Short Film Festival; An annual short film festival, featuring over 100 films, food and wine from Yountville, held in February to attract tourists to town.

The Chamber is committed to working with event producers to ensure the Yountville International Short Film Festival is on a level that is appropriate and consistent with the existing brand image of Yountville.

2. Holidays in Yountville; A six-week holiday calendar of events, activities and performances by chamber member businesses. The program is designed to drive commerce and visitation during the holiday season from the Sunday before Thanksgiving to New Year’s Day.
a) Town-wide LED Lighting Installation in support of Holidays in Yountville prior to Thanksgiving and continuing through the holiday season to a mutually agreeable date in January or February; Chamber shall be responsible for the coordination and all aspects of managing a contract with a vendor for the installation of LED lighting on trees and street lights, poles, etc. along the Town's public right-of-way and Town owned buildings on Washington and Yount Streets during the time period.

3. Community Event Support; Chamber may also provide support and assistance, given time, budget and staffing constraints, to other community activities including but not limited to:
• Town & Tree Lighting Event
• Yountville Mustard Celebration
• Yountville Days Parade and Festival
• Celebrity Chef s Veterans Day Luncheon for Veterans Home residents • Art Sip & Stroll
• NVTID-Yountville activities and outreach efforts
• Yountville Residents Bash
• Yountville Pride Weekend
• Yountville 4th of July Celebration
• Concerts in the Park
• Movies in the Park
C. Business Education and Community Outreach Efforts

1. Chamber shall sponsor annually one to two "Business Informational Meetings" in partnership with the Town. These events are designed to provide up to date information to local businesses on activities being undertaken by the Chamber and Town that have an impact on the local business community. Chamber and Town shall work together to identify the topics, dates and times of these events.

2. Create and promote business information exchange through monthly networking mixers for residents and businesses, new business ribbon cuttings, educational seminars and various other networking programs.

3. Develop and maintain Yountville Residents program; including promoting local businesses, locally focused events for Residents, etc.

From: Max Compagnon
To: Public Comment
Cc: Max Compangnon
Subject: [EXTERNAL] COMMENT TO COUNCIL 2/7/23
Date: Wednesday, February 1, 2023 12:43:07 PM
Attachments: image001.png
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

To the Council,
This note is to support the Chamber of Commerce for the annual renewing of its contract with the Town of Yountville.

I could not think of a better team and professional organization to manage and support the town of Yountville in a manner that is coherent with Yountville’s goals and branding.

MAXENCE COMPAGNON
Managing Director
[email protected] |707-944-2468
2230 Madison Street, Yountville, CA 94599
napavalleylodge.com
From: Carl H Johnson
To: Public Comment
Subject: [EXTERNAL] [SPF ERROR] Support for Chamber
Date: Saturday, February 4, 2023 9:19:11 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.

To: Yountville Town Council
From: Carl Johnson
Subject: Contract with Chamber of Commerce
I am writing to encourage the Town Council to renew its contract with The Chamber of Commerce.

I have been a resident of Yountville since 1999. During this time I have seen the Town grow and change substantially, as it has become more and more of a major tourist destination. This change has not been without its drawbacks. Anyone who has tried to find a reasonably priced lunch or a parking space in the middle of summer knows what I am talking about.

At the same time, this change has provided the Town with attractive streets and sidewalks that are better quality, and better maintained, than any other place I have visited. It has given us beautiful, well-maintained parks for us to walk through, and places to play volleyball, bocce, tennis and racquetball and even to exercise using state of the art equipment. We have a very modern and comprehensive Civic Center with space for numerous indoor activities. Perhaps even better, we have the best Parks and Recreation Department you can possibly imagine, with activities and events for the benefit of the residents. This list could go on and on, but I think you get the picture.

This is all due to the growth of our business community. It is common knowledge that the Transient Occupancy Tax is the driver behind all of the above improvements. TOT pays for around 85% of our annual budget. Try to picture what Yountville would look like without these funds. Then realize that the tourists who stay in our wonderful Town are the ones who are paying that tax. It is those tourists who make Yountville what it is today. It is true that I, along with virtually all the rest of the residents, have to drive to Napa, or further to do our shopping. But for me that is a small price to pay for the pleasure of walking through our beautiful Town.

In turn, it is the Chamber of Commerce that represents the interests of all these businesses.

Without the Chamber, the Town would be constantly hammered with separate requests and demands from individual businesses. Instead, the Chamber coordinates and focuses the needs of our business community, allowing the Council to deal with a consolidated perspective that keeps the needs of both the Town and the business community in focus.

Indeed, to me, the Town does not exist without the Chamber, and vice versa. The Chamber is an integral part of our town and it needs the support of the Town as much as the Town needs the support of the business community.

Sincerely,
Carl H. Johnson
Carl Johnson
[email protected]
415-987-1680 (cell)
From: [email protected]
To: Public Comment
Subject: [EXTERNAL] In appreciation of the Yountville Chamber of Commerce Date: Tuesday, February 7, 2023 1:33:19 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.

Good afternoon,
As a volunteer, and newly elected ambassador for the Yountville Chamber, I have come to know some of the inner workings of our wonderful chamber members, and the hard work and dedication that they put into their jobs. That is every day, most times over and above a regular workday schedule. They have created a well-oiled machine, where people gather, learn valuable information, and yes, enjoy themselves. Yountville is one exceptional town, and the camaraderie, pride, and communication in keeping and constantly improving our town, is truly over and above. The Yountville chamber and Destination marketing resounds with a great impact throughout the entire Napa Valley.

Thank you.

Lorraine A. Visovsky
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10B
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Julie Baldia, Deputy Director of Human Resources and IT PREPARED BY: Julie Baldia, Deputy Director of Human Resources and IT SUBJECT:

Consider Adoption of Resolution Number 23-4181 Approving Employment Agreement for Irene Borba, Planning & Building Director

DISCUSSION/BACKGROUND
The Town Manager has recently appointed a new Planning & Building Director to the Town of Yountville. This vacancy is due to the resignation of the previous Director.

The Town Manager is appointing Irene Borba as Planning & Building Director. Irene brings with her, thirty (30) years of public and private sector experience.

This position is “at-will”, as outlined in the attached employment agreement. This position is subject to the details outlined in the employment agreement and the Town’s Personnel Rules and Policies. Employment Agreements are subject to ratification by the Town Council as outlined in section “2.08.030 Administrative responsibilities” in the Town of Yountville Municipal Code.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Planning and Building Department Budget 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. 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.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Adopt Resolution Number 23-4181 Approving Employment Agreement with Irene Borba, Planning & Building Director.

Town of Yountville
Resolution Number 23-4181

APPROVING EMPLOYMENT AGREEMENT FOR IRENE BORBA, PLANNING & BUILDING DIRECTOR.

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

1. The Town Manager has recently appointed a new Planning & Building Director to the Town of Yountville. This vacancy is due to the retirement of the previous Director.

2. The Town Manager is appointing Irene Borba as Planning & Building Director. Irene brings with her, thirty (30) years of public and private sector experience.

3. This position is “at-will”, as outlined in the attached employment agreement. This position is subject to the details outlined in the employment agreement and the Town’s Personnel Rules and Policies. Employment Agreements are subject to ratification by the Town Council as outlined in section “2.08.030 Administrative responsibilities” in the Town of Yountville Municipal Code.

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

BETWEEN THE TOWN OF YOUNTVILLE AND

DIRECTOR OF PLANNING & BUILDING

RECITAL
The Town Manager has selected Irene Borba (hereafter, “Director”) to serve as Director of Planning & Building of the Town of Yountville (hereafter, the “Town”) effective February 13, 2023, and Irene Borba accepts such employment subject to approval of this employment agreement (hereafter, this “Agreement”). Accordingly, the parties agree as follows:

AGREEMENT

1. Effective Date
This Agreement shall become effective on February 13, 2022, after it has been executed by Director and the Town Manager.

2. Term of Employment
Pursuant to the Town Personnel Rules and Policies, Director serves at the pleasure of the Town Manager and on an “at will” basis and has no property interest in or right to her continued employment during the term of this Agreement, subject to the terms and provision of this Agreement as set forth below. This Agreement will remain in full force and effect until one of the parties terminates it as provided in this Agreement.

3. Duties; Hours of Work
A. Director shall perform those functions and duties specified by State law, the Yountville Municipal Code, any applicable job description, and by direction of the Town Manager. Director shall perform such duties in accordance with the highest professional and ethical standards of the Director position. Director shall not engage in any activity, which is, or which may become, incompatible with the Town of Yountville or office of Director, as provided for by federal, state, and local law. During the term of this Agreement, Director shall be exclusively employed by the Town, unless prior authorization otherwise is received from the Town Manager, which authorization will not be unreasonably withheld.

B. Director shall maintain a regular work schedule that has been approved by the Town Manager, in which Director shall work at least 80 hours in every two workweek period with one workday during that two workweek period off from work. Notwithstanding the foregoing, Director’s duties may require more than eight (8) hours per day and/or forty (40) hours per week and may also include time outside normal office hours such as attendance at Town Council and board and commission meetings. Director is an exempt employee under the Fair Labor Standards Act and shall not be entitled to additional compensation for such time. 2 4. Compensation
A. Director shall receive an annual base salary of $190,000 payable in equal semimonthly payments to be made at the same time as other employees are paid.

B. Director’s compensation shall be reviewed with the Town Manager at least annually in connection with the annual review required by section 14 below or at other times as may be determined by Town Manager. Merit based salary increases for Director are at the sole discretion of the Town Manager during the term of this Agreement, dependent on the quality of job performance by Director as determined by the Town Manager and the Town’s fiscal condition.

C. Salary increases are based on merit only and may be revoked in the event Director receives an unsatisfactory evaluation, either at the annual evaluation or at any additional evaluation completed by the Town Manager. If the Town Manager revokes a salary increase based on an unsatisfactory evaluation, Director’s salary shall be decreased to an appropriate step as determined by the Town Manager.

D. The Town Manager may, on an annual basis, award special performance onetime cash bonuses not to exceed $3,000. These one-time cash bonuses may be given any time during the year provided the employed received at least a Standard rating on her last evaluation. Such one-time cash bonuses are not considered pensionable compensation.

E. Director will be responsible for 100% of the employee contribution to the California Public Employees Retirement System (PERS), which, for those employees classified as “miscellaneous” employees under PERS, is currently 7% for PERS members and is subject to change.

5. Health Insurance
A. Town shall contribute an amount equal to 90% of the cost of the Kaiser Health plan provided to employees through the PERS Health program. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent and employee and two (2) plus dependents. Any balance owed by the employee for a plan selected which costs more than the contribution provided for by the Town shall be deducted by use of payroll deduction upon effective date of health benefits. The Town will pay full cost of dental plan available through the Town for Director and dependents.

B. Director may elect not to receive health coverage from the Town. Employees who elect not to receive health coverage from the Town will be required to sign a release form.

Any employee who signs a release form shall receive monthly payments equal to five hundred dollars ($500) per month. From time-to-time, said amount will be adjusted as set forth in this Agreement.
3 6. Life Insurance
Town shall provide term life insurance in the amount of your base salary not to exceed $150,000. Such life insurance shall be provided through the same insurance company providing life insurance to other Town employees, or by another insurer acceptable to Town.

7. Administrative Leave
Director shall devote her full time to this position and shall not be eligible for any overtime compensation. In lieu of any overtime compensation, Director shall receive eighty (80) hours per year as reimbursement for attending evening and weekend meetings and other events requiring representation of the Town (“Administrative Leave”).

By June 30 of each year, the Employee may cash out any available balance of Administrative Leave. Any remaining balance will expire on July 1 of each year and will not carry over.

8. Annual Vacation Leave
Director is subject to the rules regarding the accumulation of vacation time and payment for unused vacation time upon separation in the Town Personnel Rules and Policies.

9. Other Leaves and Benefits
Town shall afford Director such other benefits as are provided to other management employees of the Town on the same terms as provided to those employees except as otherwise expressly provided herein.

10. Automobile Allowance
In recognition of the fact that Director’s normal duties require frequent use of an automobile, Director shall receive $200 per month as an automobile allowance.

11. Residency
Director and Town mutually agree that it is desirable for Director to live within proximity to the Town of Yountville to fully and effectively execute Director’s duties under this Agreement, the Yountville Municipal Code, any applicable job description, and other applicable federal, state, and local law. Director hereby agrees to and shall, for the duration of this Agreement, establish and maintain her primary residence within a 60-minute travel time to and from Yountville Town Hall located at 6550 Yount Street, Yountville, CA 94559. 4 12. Professional Memberships & Meetings; Other Expenses Town recognizes that certain expenses of a non-personal and job-related nature may be incurred by Director. Town agrees to reimburse Director for reasonable expenses which are authorized by the Town budget, approved of in advance by the Town Manager, and which are supported by expense receipts, statements, or personal affidavits, and audited in like manner as other demands against the Town.

13. Retirement Program and Deferred Compensation
Town shall provide the same PERS retirement benefits to Director as are received by other employees of the Town who are classified as “CLASSIC” employees under PERS. Director will receive retirement benefits calculated at a benefit formula of 2% at age 55. Town shall match the employee up to 7% of base salary per month into a deferred compensation plan.

14. Annual Performance Evaluation
The Town Manager shall evaluate Director’s performance at least once annually. The Town Manager and Director shall annually develop mutually agreed performance goals and criteria which the Town Manager shall use in reviewing Director’s performance in the following year. It shall be Director’s responsibility to initiate this review each year. Director will be afforded an adequate opportunity to discuss each evaluation with the Town Manager.

15. Indemnification
Town shall defend, hold harmless and indemnify Director against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Director’s employment to the extent required by Government Code Sections 825 and 995.

16. Other Terms and Conditions of Employment
A. The Town Manager may from time to time fix other terms and conditions of employment relating to the performance of Director, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Yountville Municipal Code, or other applicable law.

B. The provisions of the Town’s Personnel Rules and Regulations (“Rules”) applicable to other management employees of the Town shall apply to Director, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Director a property right in her employment or a right to be discharged only upon cause. Director is an at-will employee serving at the pleasure of the Town Manager and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement. 5 C. Director shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes.

17. Termination
A. Director is not part of the competitive (classified) service and therefore is an atwill employee. As an at-will employee, Director may be terminated with or without cause, and without advance notice.

B. If Director is terminated by the Town Manager without cause, Director, after termination and upon executing a claim waiver and release of liability, will be entitled to three months of severance pay at Director 's base salary rate. The severance pay will be paid at the time of separation from Town employment.

C. If Director is terminated by the Town Manager for cause, Director is not entitled to any severance pay whether or not advance notice is provided. If Director is terminated for cause, Director must be given notice of the cause and supporting evidence. Director is entitled to meet with the Town Manager at which time Director may reply orally and/or in writing to the cause and supporting evidence. The meeting is not an evidentiary hearing. There is no right to appeal the Town Manager's decision. The Town Manager's decision is final. For purposes of this Agreement, the term “for cause” shall include any of the following:
(i) use of alcohol or drugs that impedes performance of duties; (ii) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(iii) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted Town policy;
(iv) willful and repeated failure to carry out the lawful directives or policy decisions of the Town Council or the Town Manager; or
(v) willful abandonment of the position or continued and unexcused absence from duty.

D. Director may voluntarily terminate employment, by resignation or retirement or some similar other manner, at any time during the term of this Agreement, subject to at least 30 days’ written notice by Director to the Town Manager, unless the Town Manager and Director agree otherwise. In such case, Town shall have no further obligation to provide payments and benefits, including severance benefits, upon the effective date of termination of employment, other than payment of accrued vacation leave or other payments required by law.

E. Notwithstanding any other provision of this Section 17 to the contrary, the Town Manager shall not terminate Director without cause for a period of 120 days following her appointment as Director. The purpose of this Subsection 17.E. is to allow a newly appointed Town Manager sufficient time to observe the actions and abilities of Director in the performance of her duties under this Agreement, any applicable job description, and other 6 applicable federal, state, and local law and shall not affect her status as an at-will employee.

After the expiration of the 120-day period, there shall be no limitation on the Town Manager’s ability to terminate Director without cause in accordance with this Agreement. Nothing in this Subsection 17.E. shall limit the authority of the Town Manager to terminate Director for cause, or the authority of Director to voluntarily terminate employment, in accordance with this Agreement.

18. Compliance With Law
This Agreement is subject to all applicable provisions of federal and state law, the provisions of the Yountville Municipal Code, and to any other ordinances, rules, and regulations of the Town applicable to Director.

19. General Provisions
A. This Agreement constitutes the entire agreement between the parties. Town and Director hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.

B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.

C. Any notice to Town pursuant to this Agreement shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed as follows:

Town Manager
Town of Yountville
6550 Yount Street
Yountville, CA 94599
With a courtesy copy to the Town Attorney at the following address or the address then shown in the records of the Town for the Town Attorney:

Gary B. Bell, Esq.

Yountville Town Attorney
333 University Ave. Ste 200
Sacramento, CA 95825
Any notice to Director shall be given in a like manner, and, if mailed, shall be addressed to Director at the address then shown in Town’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally, or (b) on the second calendar day after mailing, if mailed.
7 D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court for the County of Napa, California. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the action.

E. A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver and either party shall be free to enforce any term or condition of this Agreement with or without notice to the other notwithstanding any prior waiver of that term or condition.

20. Amendments
This represents the entire agreement between the parties. Amendments to this agreement may be made at such times as approved by the Town Manager and Director and shall be in writing.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

Dated: ______________________ _________________________________________ Irene Borba, Director, Planning & Building
Department
Town
Dated: ______________________ _________________________________________ Steven Rogers, Town Manager
APPROVED AS TO FORM:

Dated: _______________________ _________________________________________ Gary B. Bell, Town Attorney
ATTEST:

Dated: _______________________ _________________________________________ Eddy Gomez, Town Clerk
1 Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10C
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Celia King, Finance Director
SUBJECT:

Discussion and Possible Direction Regarding the Fiscal Year 2023/2024 Proposed Budget Parameters & Key Assumptions and Establishing Budget Workshop Dates to be May 4, 2023 at 1:00 p.m. and May 18, 2023 at 1:00 p.m.

DISCUSSION/BACKGROUND
The purpose of this staff report is to provide an overview of major revenue projections and budget assumptions that will be used to develop the Fiscal Year 2023/2024 budget and receive feedback and direction from the Town Council.

This is the first meeting that sets the stage for our next fiscal year budget, and is considered Budget Workshop #1. There are two subsequent meetings that help to publicly cover the Town budget proposals. The suggested dates for those meetings are May 4, 2023 at 1:00 p.m. (Budget Workshop #2) and May 18, 2023 at 1:00 p.m (Budget Workshop #3).

Preliminary estimates of major revenue and expenditures are outlined in the Fiscal Year 2023/2024 Proposed Budget Parameters and Key Assumptions that accompanies this staff report. This is used as an initial guideline, and some projections are subject to change as the process of crafting the proposed budget progresses and more information about current revenue and expenditure trends are gained.

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? Yes
Page | 2

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Timely and transparent financial discussions can help shape the budget process and control costs by guiding policy and spending decisions.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion on Proposed Budget Parameters and Key Assumptions.

Town Council to discuss and provide direction to staff regarding proposed Fiscal Year 2023/2024 Proposed Budget Parameters and Key Assumptions and establish Budget Workshop dates for May 4, 2023 at 1:00 p.m. and May 18, 2023 at 1:00 p.m.

Page | 3
Town Council Meeting
February 7, 2023 – Budget Workshop #1
Fiscal Year 2023/2024 Budget Parameters and Key Assumptions Budget Discussion Objective – Develop and adopt a balanced budget for Fiscal Year (FY) 2023/2024, while continuing to maintain established core service levels to the extent possible, funding reserves at policy approved levels or higher if possible, funding employer PERS costs and the annual Unfunded Actuarially Accrued Liability, providing funding for the Town’s capital projects, and re-instating contributions to the OPEB and Pension trusts as a percentage of estimated salaries.

Staff is developing conservative estimates for the Town’s major revenue sources. According to the most recent adopted budget, transient occupancy tax, sales tax, and property tax are approximately 89% of the Town’s General Fund revenue. Transient occupancy tax revenue alone is nearly 59% of the Town’s General Fund revenue.

Historical Town Council reserve policies outline our minimum fund balance allocations as set by Financial Policies including:
▪ General Fund Emergency Reserve - 20% of General Fund expenditures. ▪ Revenue Stabilization Reserve – a minimum of 25% of estimated annual TOT revenue. ▪ Annual Budget Contingency Reserve – a minimum of 5% of General Fund expenditures ▪ Leave Buy Out Reserve - $250,000.
▪ Legal Contingency Reserve - $200,000
▪ Assigned for Affordable Housing Opportunities - $3,616,075 (available to be re-allocated into unassigned fund balance if Council believes necessary.)
The following pie chart shows General Fund allocations along with reserve funds and trust fund balances as of July 1, 2022:

Page | 4
Key Revenue Projections:

Transient Occupancy Tax (TOT): $7,500,000. This projected range is based on the expectation that hotels will continue on the course to more conventional occupancy and room rates. Current TOT collections are trending towards budget expectations, and more information will be available further into the budget season as collections for the spring tourism season commences. Staff believes at this time that maintaining a conservative approach to revenue collections is prudent as tourism based revenues continue to flex. ▪ TOT collections in FY 2021/2022 were a record breaking $9.8 million. ▪ TOT collections for the first half of FY 2022/2023 have been strong and will likely reach the budgeted target of $7.5 million, which is on par with pre-pandemic FY 2018/2019 collections. ▪ The graph below shows how TOT revenue can drop quickly, rebound quickly, and can be highly sensitive to unforeseen disasters and emergencies, such as the October 2017 fires, and the COVID-19 pandemic. ▪ There is anticipation of a mild recession in the second half of 2023, which could impact the tourism industry.

Sales Tax: $1,675,000 this estimate includes $20,000 in the public safety allocation. This is a conservative projection based on FY 2022/2023 year-to-date activity and the unpredictability between continued economic recovery and a possible mild recession in the second half of calendar year 2023.

16.44% 16.08%

6.19% 8.61%
-11.22%

5.01%
-5.29%

12.84%
-21.74%

51.58%
0 180000
360000
540000
720000
900000
1080000
1260000
1440000
1620000
1800000
-40.00%
-20.00%

0.00%

20.00%

40.00%

60.00%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Sales Taxes Revenue History Percent Change
Sales Tax Revenue History
Growth Year over Year
Page | 5
The Town contracts with HdL Companies who tracks and audits sales tax collections for Yountville. HdL presents sales tax data to town staff every quarter and provides forecast data. In an effort to remain conservative in revenue estimates, the budget proposed by Town staff is about $38,000 less than HdL’ s forecasted amount, which was most recently received in January.

Assessed Valuation (AV) increased by 18.03% from 2021/2022 to 2022/2023. The latest assessed valuation report gave the Town a valuation of $1,279,815,398 which is an increase of $195,474,171 (18%) over 2021/2022. ▪ The Town is at its highest Assessed Valuation and has more than doubled over the past ten years. ▪ The significant increase is tied to a large commercial property sale in December 2021. Commercial properties do not turnover at the same rate as residential. This rate in growth is uncommon and will positively raise the overall AV base in the future.
▪ Assessed Valuation changes when there is a change in ownership or significant improvements to a property triggering reassessment. The actual reassessment process for commercial properties takes longer to complete than residential and can take longer than one year to materialize as property tax income.

Property Tax: $2,189,000 This estimate is based on and inflation factor of 1.02% per guidance from the State Board of Equalization Property Tax Division. This has been applied to Property Tax Secured, Unsecured, and Vehicle License Fees (VLF).
▪ FY 2021/2022 actual revenues were $2,124,854 comprised of secured and unsecured net of tax collection fee, and tax in lieu (VLF). Real property transfer tax was $180,589.

Page | 6
▪ Unlike Property Tax, Real Property Transfer Tax revenue is realized faster as it is collected at the close of every real estate transaction. It is based on actual real estate sales occurring, making this revenue source dependent on real estate market conditions. As this revenue stream is less predictable, it is estimated at approximately $25,000 for FY 2023/2024.
▪ The table below shows that Property Tax has experienced stable growth. Even during the current economic environment, real estate prices have remained at a higher level than before the Great Recession of 2008.

State COPS Grant: $159,000 This proposed estimate is based on a three-year average of historical revenue collections.

The Town utilizes its annual Citizens’ Option for Public Safety (COPS) allocation to offset the County of Napa Sheriff Department contract for law enforcement services. These funds are issued by the State Controller’s Office and staff will monitor this revenue source as the budget process unfolds.

Restricted Funds
Housing Opportunity Fund 70 expenditures include a $60,300 agreement with the City of Napa Housing Authority for affordable housing assistance. The current agreement expires on June 30, 2024. This fund is dependent on General Fund contributions as well as revenues received through the Affordable Housing Fair Share Fee (formerly Housing In-Lieu Fee) that is collected from commercial developments.

Measure S Fund 71 revenues will be budgeted at $625,000 or 1% of projected TOT gross receipts. As of December 31, 2022 this fund has a balance of $2,369,198.

Page | 7
Key Increased Expenditures
The Town has entered into longer term contractual agreements for certain services which have cost escalation factors based on the contract terms or changes in service levels, including the following:

Town share of County of Napa Animal Control Shelter: This agreement renewed in July 2022 and expires June 30, 2025. Annual costs for FY 2023/2024 are estimated at $38,210 based on budget projections provided by the Animal Shelter. The County is working on their cost estimates and this amount is subject to change. The Town of Yountville does not have a local veterinarian and animal control services are provided under contract with the County of Napa Sheriff’s Department. Currently the county agreement is the most cost-effective alternative to shelter animals.

Public Safety
The Town is served by Napa County/Cal Fire and Napa County Sheriff’s Department via contract with each agency.

Contract cost of Fire and Emergency Medical Services: The Fire Service contract with Napa County/Cal Fire was last reviewed on July 1, 2018, and automatically renews each July. Assuming a 5% increase in costs, the estimated budget amount will be $820,000 and includes the cost of engine replacement. This expense is slightly offset by approximately $228,000 of revenue collected from a County Fire Property Tax Credit. It should be noted that a new labor contract for fire and emergency medical services personnel could impact this initial estimation of costs.

Contract cost for Law Enforcement Services: The Town’s current agreement with the Napa County Sheriff Department for law enforcement services is in place through June 30, 2024. FY 2023/2024 will be year three of the agreement which stipulates a 3.14% increase in costs. Consistent with this current agreement, expenditures for law enforcement services will be budgeted at $1,271,120.

PERS Retirement Program - Employer Rate cost projections: PERS rates are now stated as the employer normal cost (NC) rate (as a percentage of salary) plus the employer payment of unfunded actuarially accrued liability (UAAL), a flat dollar amount. The Town has three tiers: 1) classic employees (hired by the Town prior to July 1, 2020); 2) tier 2 for employees who have prior PERS membership at the time they are hired by the Town; 3) public employee pension reform act rate (PEPRA) for new PERS members.

The contributions that will be proposed in the 2023/2024 budget are based on the latest CalPERS Annual Valuation Reports dated July 2022 (valuations as of June 30, 2021) which reflect an investment return assumption of 6.8%.

Variables that affect PERS costs are the change in discount rate and the amortization of actuarial gains and losses over a 20-year period.

The table below summarizes the impact of the PERS NC rate and UAAL. Cost distributions change because of Town staff turnover. The Town’s PERS costs are in reasonable shape as 65% of full-time Town employees are now on a lower cost program, which helps to reduce long-term liability.

In December 2017, Town Council approved the establishment of a Section 115 Trust as a Pension Rate Stabilization Plan (PRSP). The balance of the PRSP trust as of December 2022 is $3,088,553.

On the following page is a table showing the number of employees the Town has in each pension tier, along with the Employer Normal Cost and UAAL pertaining to that tier for FY 2023/2024.

It is important to note that Tier 2 and 3 (PEPRA) do not have required UAAL payments in Fiscal Year 2023/2024 due to the July 2022 Annual Valuations including unusually high investment returns of 21.3%. This will not be the case in the next valuation, which will reflect an investment loss of about 6.1%.

Page | 8
Tier Definition Number of
Employees
Employer NC
as a % of
payroll
Employer
UAAL
Tier 1 Classic 9 26% $345,603
Tier 2 Pre-existing
members hired
by Town
3 9% $0
Tier 3 New PERS
members
22 65% $0

According to the CalPERS Annual Valuation reports for June 30, 2021 that were received in July 2022, the Town’s average funded status of its three plans is 97.1%.

Staff recommends that the Town Council continue utilizing Trust funds to pay for the $345,603 PERS UAAL for FY 2023/2024. Doing so will provide relief to the General Fund and Enterprise Funds, and still leave a healthy balance in the Trust.

Employee & Retiree Health Insurance Rates: The Town contracts with PERS for health insurance benefits.

Rates are published in August for an effective date of January 1. Health rates can be volatile and difficult to project. We are currently projecting an 8% increase for FY 2023/2024. As point of reference, the average increase of the health insurance plans offered by the Town for January 2023 was 7.5%.

Salaries and Negotiated COLA for employee bargaining units: The current Memorandum of Understanding (MOU) with the two Town bargaining units is effective through June 2027. This MOU stipulates a Cost of Living Adjustment (COLA) effective July 1, 2023.

The increase will be the actual Consumer Price Index (CPI) increase for the month of January, with a minimum of 2% and maximum of 5.5%. The CPI for January 2023 will be issued by the U.S. Bureau of Labor Statistics on or about February
15, 2023.
$0.00
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
$900,000.00
20162017201820192020202120222023

PERS UAAL

PERS NC
PERS Normal Cost & Unfunded Actuarialy Accrued Liability Page | 9
Risk Management Program Expenses: The current market for Liability and Worker’s Compensation insurance is incredibly volatile. The Town is expecting an increase of about 10% for insurance premiums. The Deputy Director of HR & IT will participate in the annual budget planning and rate-setting meeting later this spring, and staff will advise when more detailed projections are available.

Budget Parameters and Key Assumptions
▪ Maintain existing service levels.
▪ Evaluate our cost recovery results with our targets: Town staff will continue to review and evaluate programs, establish cost recovery targets, and will present the annual update of the Master Fee Schedule as an informational update in April 2023.
▪ Balance the budget with expenditures kept within available revenue. Town staff will present a balanced budget that reflects expenditures within available revenues. When balancing the budget, available revenues can include funds previously set aside as reserves. ▪ Include an annual budget contingency reserve at 5% of General Fund expenditures to cover unforeseen expenses (estimated between $500,000 and $600,000). ▪ Contribute to the OPEB Trust at the level necessary to fund the Town’s Actuarially Determined Contribution (ADC) and continue to utilize trust funds to pay retiree medical premiums. The proposed rate for Fiscal Year 2023/2024 is 5% of projected salaries. This is based on an estimated actuarial recommendation based on the January 2022 OPEB Valuation. As of December 2022, the balance in the OPEB Irrevocable Trust is $5,348,360. The funded status of our Total OPEB Liability as of June 2022 is approximately 95%.
▪ Contribute to the PRSP Trust and continue to utilize trust funds to pay the annual PERS UAAL costs of $345,603. The proposal for Fiscal Year 2023/2024 is to continue to treat this trust similarly to the OPEB trust and base contribution amounts on a percentage of payroll, at an amount of 5% of projected salaries. As previously mentioned, the balance of the PRSP Trust as of December 2022 is $3,088,553.
▪ Continue to maintain funding for NVTA-operated Yountville Bee Line service at 7 days per week.

This continues to be a very successful program that benefits many of our residents, visitors, and business community who appreciate the Town providing free service. The Town is the only Napa County city/town which provides this level of funding in support of free service. The annual cost is about $50,000. ▪ Continue maintenance of effort approach to Street Maintenance Projects using a mix of Gas Tax and General Fund revenue. Continue the planning and implementation of SB 1 and Measure T restricted revenues into our planning and capital projects budgets for streets projects. Staff will work to Track Maintenance of Effort (MOE) to ensure compliance.
▪ Invest in technology through annual software and licensing costs. Technology drives automation, efficiency, remote communication capabilities, website capacity, and transparency. The Town continues to identify ways of improving the internal and external customer experience by offering convenient and effective ways of conducting business, especially in the current work environment. In contrast to prior fiscal years, in Fiscal Year 2023/2024 the annual cost for contracted information technology & telecommunications services will have been replaced by salary costs due to the new full-time Information Systems Administrator position.

Page | 10
New Undertakings:
▪ Pursuing grant funding for future capital improvement projects. ▪ Town Manager recruitment and hiring/onboarding.
▪ Council strategic plan initiatives.
▪ Possible progression of Additional Dwelling Unit (ADU) grant program or other affordable housing projects.

Capital Improvement Program Budget:

The Five-Year Capital Improvement Program (CIP) provides the Town with a long-range program for capital projects and advanced financial planning. The first 5-year program was initially implemented in 1996 and has been updated annually thereafter.

The Public Works Director will be presenting a review of the proposed Five-Year Capital Improvements Program (CIP) during the budget workshops in May.

We will continue to emphasize budgeting in the Facilities Repair and Replacement Fund and Fleet, Tools, and Equipment Repair and Replacement Fund where appropriate. A discretionary contribution to both funds for FY 2023/2024 will be recommended upon determination of General Fund capacity.

Water and Wastewater Enterprise Funds:

The first utility rate increase per the new Five-Year Utility Rate Schedule that was adopted in November 2022 went into effect on January 1, 2023.

Staff is currently working on projecting water and wastewater revenues for Fiscal Year 2023/2024. As the Town remains in a moderate drought condition, water conservation continues to be encouraged. This can translate into lower water usage revenue.

The proposed Five-Year CIP will include Water and Wastewater Utility Enterprise capital improvement projects.

Fiscal Year 2021/2022 Unassigned Fund Balance
The total General Fund Unassigned Fund Balance at the close of Fiscal Year 2021/2022 was $6,202,413. The Town Council re-allocated nearly $5.7 million of that amount at the October 18, 2022 Town Council meeting, which leaves just over $500,000 in the General Fund that is yet to be re-allocated.

Staff’s suggestion for this $500,000 is to let it remain in Unassigned Fund Balance until the close of Fiscal Year 2022/2023. This will allow the Town to see the net effect of all revenues and expenditures through the end of the fiscal year, and leaves a reserve in the event that some revenues do not meet the budgeted targets.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Town Clerk's Office Project Updates

DISCUSSION/BACKGROUND
The Town Clerk & Communications Office is presenting the projects completed projects completed in 2022.

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

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? 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. 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. By providing more efficient systems, the Town productivity and better service for the Yountville community.

RECOMMENDATION
Receive and File
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11B
Yountville Town Council Staff Report
DATE: February 7, 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
January gave 2023 quite the start, with record precipitation and subsequent flooding throughout California.

However, the wet weather over the first half of January isn’t enough to end the drought nor is it near enough to dampen the driest period on the west in the past 12 centuries.

In some places it feels like the drought should be over. In Yountville for example, our water supply, Rector Reservoir is 100% full. But that water is controlled by a State Agency, and we will be subject to the State’s determination as to the drought status and what our annual water allotment will be. With 89% of the State remaining in Moderate Drought and portions remaining in Severe Drought status it is important to remember that drought remains in the forefront of our daily lives.

All of that is a reminder to be mindful of your outdoor irrigation systems and be sure they are not irrigating during measurable rainfall. While it seems obvious, there remains a fair amount of residential water customers (+/-12%) who do not delay or stop their irrigation when it is raining. Even now when it is not raining, it is the time of year where days are short, temperatures are much cooler, and the plants less water.

Water saved now will be there in spring and summer when the landscape needs it.

Tracking Water Conservation
At the time of the writing of this Staff Report the January 2023 water usage numbers were not available as the month of January is not over, however they will be available and reported during the Town Council meeting February 7, 2023.

Town Staff would like to continue to thank all of water customers, both residential and commercial, for their diligent water conservation efforts and change in water use behavior. 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. Water conservation is a collective effort by town staff, our residents, and our business partners. The Town is seeking to maintain our quality water delivery via the public infrastructure while engaging the Town’s water customers as we work together to save our collective water resource.

RECOMMENDATION
Receive the Water Conservation Update and Direct any Questions to Staff.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11D
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Grants Project Report

DISCUSSION/BACKGROUND
With the new Town Council, Staff would like to provide an update to the grant applications currently being worked on by staff. In June 2022, the Town Council approved the extension of the contract with California Consulting Inc. for the purpose of grant writing and management support. Grants help the Town provide new programmatic funding or offset existing funding obligations from the General Fund and our Utility Enterprise Operation Funds.

Competition for available State and Federal grants has increased and become much more competitive. To help the Town be more competitive and aggressively pursue the current increased level of state and federal grant opportunities in this current environment, staff recommends using a grant writing consulting firm to assist town staff in our efforts.

With the assistance of California Consulting Inc., the Town has applied for various grants for public works infrastructure, drought resiliency, water and wastewater infrastructure improvements, and broadband improvements based on current state and federal initiatives, and parks and recreation. The grant application processing time will vary based on the grant and funding source. Many of the grant applications submitted can take anywhere from 2 months to 6 months to award funds.

At the Town Council meeting staff will provide a presentation outlining the grant application approach and discuss the current applications in process.

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Grant applications satisfy the goal of sound financial planning, debt management, and reserve development for the Town.

RECOMMENDATION
Receive and file.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11E
Yountville Town Council Staff Report
DATE: February 7, 2023
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Gary Bell, Town Attorney
SUBJECT:

Discussion Regarding Real Property Conflicts of Interest Under Regulations Adopted by the Fair Political Practices Commission (FPPC)

DISCUSSION/BACKGROUND
The Political Reform Act (PRA) prohibits government officials from making, participating in making, or in any way attempting to use their position to influence a governmental decision in which the official has a disqualifying financial interest. (Gov. Code, § 87100; Cal. Code Regs., tit. 2, § 18700) When a governmental decision has a reasonably foreseeable financial effect on an official’s financial interest, the official must recuse themselves from that decision. The PRA is interpreted and carried out by regulations adopted by the Fair Political Practices Commission (FPPC) (Gov. Code, § 83112; Cal. Code Regs., tit. 2, § 18700, et seq.) FPPC regulations identify 5 types of financial interests: (1) financial interests in a business entity; (2) financial interests in real property; (3) financial interests in a source of income; (4) financial interests in a source of gift(s); and (5) financial interests in personal or familial finances. This staff report discusses the standards for evaluating a financial interest in real property.

Real Property Interest <500 ft.

A Councilmember who owns a property within 500 feet of the property line of the parcel being affected by a governmental decision is presumed to have a material conflict unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property.

Real Property Interest between 500-1,000 ft.

A Councilmember who owns a property over 500 feet but less than 1,000 feet from the property line of the parcel being affected by a governmental decision may have a material conflict if the decision would change the parcel’s:
o Development potential;
o Income producing potential;
o Highest and best use;
o Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or
o Market value.

Real Property Interest >1,000 ft.

A Councilmember who owns property over 1,000 feet from the property line of the parcel being affected is presumed to not have a material conflict. This presumption may be rebutted with clear and convincing evidence the governmental decision would have a substantial effect on the official's property.

Lease Interests in Real Property
A Councilmember who leases property may have a material conflict in a governmental decision if it will:
 Change the termination date of the lease;
 Increase or decrease the potential rental value of the property;  Change the official's actual or legally allowable use of the property; or  Impact the official's use and enjoyment of the property.

These rules are interpreted through opinions and decisions of the FPPC. When a conflict may be present, the specific facts are analyzed and a conclusion is reached after considering the totality of the circumstances.

ENVIRONMENTAL REVIEW
Not Applicable

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. 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. Conflict of interest rules ensure Town decisionmaking is fair and disinterested in accordance with state law and best practices.

RECOMMENDATION
Receive and File
Regulations of the Fair Political Practice Commission, Title 2, Division 6, California Coda of Regulations)
§ 18702.2. Materiality Standard: Financial Interest in Real Property. (a) The reasonably foreseeable financial effect of a governmental decision on a parcel of real property in which an official has a financial interest, other than a leasehold interest, is material whenever the governmental decision:
(1) Involves the adoption of or amendment to a development plan or criteria applying to the parcel;
(2) Determines the parcel's zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or de-annexation; inclusion in or exclusion from any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries;
(3) Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel;
(4) Authorizes the sale, purchase, or lease of the parcel; (5) Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the parcel or any variance that changes the permitted use of, or restrictions placed on, the property; (6) Involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services; (7) Involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property; or
(8) Involves property located more than 500 feet but less than 1,000 feet from the property line of the parcel, and the decision would change the parcel's:
(A) Development potential;
(B) Income producing potential;
(C) Highest and best use;
(D) Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or
(E) Market value.
(b) The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest involving property 1,000 feet or more from the property line of the official's property is presumed not to be material. This presumption may be rebutted with clear and convincing evidence the governmental decision would have a substantial effect on the official's property.
(c) Leasehold Interests. The reasonably foreseeable financial effects of a governmental decision on any real property in which a governmental official has a leasehold interest as the lessee of the property is material only if the governmental decision will:
(1) Change the termination date of the lease;
(2) Increase or decrease the potential rental value of the property; (3) Change the official's actual or legally allowable use of the property; or (4) Impact the official's use and enjoyment of the property. (d) Exceptions. The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is not material if:
(1) The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.
(2) The decision solely concerns the adoption or amendment of a general plan and all of the following apply:
(A) The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. (B) The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent.
(C) The decision does not concern an identifiable parcel or parcels or development project. A decision does not “concern an identifiable parcel or parcels” solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and economic interests of the official are not singled out. (D) The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent.
(e) Definitions. The definitions below apply to this regulation:
(1) A decision “solely concerns the adoption or amendment of a general plan” when the decision, in the manner described in Sections 65301 and 65301.5, grants approval of, substitutes for, or modifies any component of, a general plan, including elements, a statement of development policies, maps, diagrams, and texts, or any other component setting forth objectives, principles, standards, and plan proposals, as described in Sections 65302 and 65303. (2) “General plan” means “general plan” as used in Sections 65300, et seq. (3) “Specific plan” or its equivalent means a plan adopted by the jurisdiction to meet the purposes described in Sections 65450, et seq.
(4) Real property in which an official has a financial interest does not include any common area as part of the official's ownership interest in a common interest development as defined in the Davis-Stirling Common Interest Development Act (Civil Code Sections 4000 et seq.)
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code.

HISTORY

1. New section filed 7-24-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Repealer of subsection (h) filed 6-22-87; operative 7-22-87 (Register 87, No. 26).

3. Amendment filed 10-17-88; operative 11-16-88 (Register 88, No. 43).

4. Change without regulatory effect amending subsection (a)(2) filed 11-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 48).

5. Amendment of subsections (a)(1)-(3) and (d) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

6. Repealer and new section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48).

7. Editorial correction of History 6 (Register 2000, No. 25).

8. Amendment of subsection (a) filed 10-26-2004; operative 11-25-2004 (Register 2004, No. 44).

9. Change without regulatory effect renumbering former section 18702.2 to section 18704.2 and renumbering section 18705.2 to section 18702.2, including amendment of section heading and subsections (a)(5) and (a)(11), filed 4-27-2015. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2015, No. 18).

10. Amendment of subsection (a)(8) filed 7-10-2015; operative 7-10-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2015, No. 28).

11. Amendment filed 2-20-2019; operative 2-20-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2019, No. 8).

This database is current through 6/14/19 Register 2019, No. 24 2 CCR § 18702.2, 2 CA ADC § 18702.2

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