Agenda packet — Yountville City Council, April 18, 2023

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, April 18, 2023
3:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
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 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.

Via the Town’s YouTube Channel at www.townofyountville.com/youtube 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 Town’s public comment email address [email protected]. Please, include in the subject line “COMMENT TO COUNCIL”.

Any written testimony submitted will be provided to the Council Members electronically, may be read into the record and will become part of the meeting archive.

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. Proclamation By the Yountville Town Council Declaring a Climate Emergency April 2023

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

However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is not based on the content or viewpoint of the speech. The Council may; however, briefly respond to statements made or questions posed by the public, ask for clarification from staff, refer the matter to staff, request staff to report back on the matter, or request staff to place the matter on a future agenda.

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

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

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

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

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

Via the Town’s YouTube Channel at www.townofyountville.com/youtube On local cable TV Channel 28.

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.

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. Proclamation By the Yountville Town Council Declaring a Climate Emergency April 2023

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

7. CONSENT CALENDAR
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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. Proclamation By the Yountville Town Council Declaring a Climate Emergency April 2023

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

7. CONSENT CALENDAR
A. Adopt Resolution 234199 Authorizing submittal of application(s) for the California Governor's Office of Emergency Services program for which the Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

B. Adopt Resolution 234200 Authorizing submittal of application(s) for all federal Land and Water Conservation Fund programs for which the Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

C. Adopt Resolution Number 234201 Rescinding the Town’s Phased Water Shortage Emergency Regulations.

D. Adoption of Resolution 234202 Approving the Display of the Earth Day Flag on the Town's Ceremonial Flagpole pursuant to the Town's Flag Policy for the Month of April Annually Recognizing the Town's commitment to Earth Day which occurs April 22nd of each year.

E. Monthly Financial Report for March 2023
F. Approve Minutes of the regular meetings held January 17, 2023 and February 21, 2023 and the special meetings held on January 30, 2023 February 14, 2023, February 24, 2023, and February 28, 2023.

8. PRESENTATIONS
A. Presentation from Napa County / Cal Fire Regarding Staffing Levels and Staffing Factor Changes that will Affect Fire Station 12 which will Include an Increase to the Fire Service Fees Charged to the Town of Yountville

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS
that will Affect Fire Station 12 which will Include an Increase to the Fire Service Fees Charged to the Town of Yountville

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS
A. Consider adoption of Resolution Number 234203 Approving reallocation of the remaining $513,745 of Fiscal Year 2021/2022 General Fund Unassigned Fund Balance in the Fiscal Year 2022/2023 Budget.

B. Fiscal Year 2023/2024 Budget development update and discussion.

11. STAFF INFORMATIONAL REPORTS NONE

12. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS A. Napa County Flood Control & Water Conservation District B. Napa Valley Transportation Authority (NVTA)
C. Upper Valley Waste Management Agency
D. LAFCO of Napa County
E. Watershed Information & Conservation Council
F. Climate Action Committee
G. Cal Cities Update
H. Council Ad Hoc and Standing Committee Reports
I. Council Announcements and Agenda Item Requests
J. Future Council Agenda Items: Quarterly Investment Report – Yountville Chamber of Commerce Presentation, Public Safety and CalFire Quarterly Reports – Information Regarding MAster Fee S chedule – Affordable & Workforce Housing Oversight Committee Presentation – Impact Fee Study Presentation – Mustards Grill 50 Celebration – Pride Month Proclamation – Budget Adoption – OpenGov Online Budget Book Presentation Revised Developer Impact Fees.

13. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION (Gov. Code, § 54956.9, subd. (d)(2).)
A point has been reached where, in the opinion of the Town Council on the advice of its legal counsel, based on the belowdescribed existing facts and circumstances, there is a significant exposure to litigation against the Town:

Facts and circumstances that might result in litigation but which the Town believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code, § 54956.9, subd. (e)(1).) Number of potential cases: one
B. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code, § 54957.6.) Name of Town Negotiator to Attend Closed Session: Mayor Mohler Unrepresented Employee: Town Manager

14. ADJOURNMENT
Adjourn to the Town Council Special Meeting Friday, April 21, 2023 at 1:00 p.m. being held in Town CouncilChamberslocatedat6550YountSt
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Name of Town Negotiator to Attend Closed Session: Mayor Mohler Unrepresented Employee: Town Manager

14. ADJOURNMENT
Adjourn to the Town Council Special Meeting Friday, April 21, 2023 at 1:00 p.m. being held in Town Council Chambers located at 6550 Yount St.

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

PROCLAMATION
By the Yountville Town Council
Declaring a Climate Emergency
April 2023
WHEREAS, all the worlds countries came together in 2015 to sign an accord (The Paris Climate Agreement) agreeing to reduce climate changing activity that will keep the warming trend below a 1.5 degree increase and to acknowledge the scientific evidence that it is man’s activity that is driving this climate changing increase; and WHEREAS, the 2023 Sixth Assessment report to the UN from the Intergovernmental Panel on Climate Change (IPCC) states that unless deep and immediate cuts to achieve net zero CO2 by the end of this decade are not made, the world will overshoot the agreed-upon

1.5-degree maximum increase and the consequences of that will be irreversible damage and ultimately an unlivable planet; and
WHEREAS, the evidence also shows that developed nations are clearly the main contributors to this crisis and that vulnerable communities who have historically contributed the least to current climate change are disproportionately affected, it is our responsibility to work actively for a just transition to a safe climate and environment and must encourage participation and protection of marginalized communities to ensure that they benefit from a sustainable and just economy; and
WHEREAS, climate change not only affects humans but all species on the entire planet through the destruction of habitats, disruption of food chains, and untenable environment for reproduction that threatens all species’ continued existence; and WHEREAS, we possess the knowledge, technology, and alternatives to change our patterns and use of these climate change causing energy sources and materials; and WHEREAS, it is inexcusable to do too little too late—knowingly subjecting both humanity and all species on this planet to a limited future of scarcity, forced migration, unstable societal institutions, and ultimately an uninhabitable planet; and WHEREAS, the Town of Yountville and the Napa Valley have experienced firsthand the devastation, displacement, and negative impacts of climate change though unprecedented wildfires and drought; and
WHEREAS, the Town of Yountville has seen itself as a leader in the Napa Valley on climate with the formation of the 2015 Go Green Team, the production of the 2016 Yountville Climate Action Plan, and participation in the County Climate Action Committee, and it recognizes that much more needs to be done, at emergency speed; and WHEREAS, the Town of Yountville has enjoyed an extraordinary level of volunteerism and participation, the Town now needs that spirit to live in climate solutions that will protect, strengthen, and sustain our community; and WHEREAS, the Town of Yountville declared a Climate Emergency March 15, 2022, committing to providing leadership and services in partnership with residents, community organizations, businesses, Napa County, and regional jurisdictions to educate, mobilize, and accelerate support for comprehensive and sustained climate action to reduce harmful environmental impacts and strive to achieve a goal of net zero climate pollution.

NOW, THEREFORE LET IT BE RESOLVED THAT, I, Mayor Margie Mohler, on behalf of the Yountville Town Council do hereby proclaim that the Town of Yountville acknowledges and declares that there is an Environmental and Climate Emergency that threatens our Town, our region, our state, and our world; and The Town Council may seek to create a Climate Education and Local Action Committee with the intent to assist in education of residents with alternative solutions to reduce local GHG, to suggest sustainability policy initiatives for Council and community action and to facilitate action recommended by the Napa County Climate Action Committee; and
The Town Council may explore budget opportunities and implications for staff support to a Climate Education and Local Action Committee should one be created; and The Town Council will consider an item under its ceremonial flag policy to fly the International Earth Day Flag from the ceremonial Town Hall Flagpole annually during the month of April as part of the commitment to combatting climate change and support of environmental stewardship.

Margie Mohler, Mayor
Dated: April 18, 2023
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: April 18, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution 23-4199 Authorizing submittal of application(s) for the California Governor's Office of Emergency Services program for which the Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

DISCUSSION/BACKGROUND
The Town of Yountville is eligible for various State and Federal grant funding. The Public Works Department is actively seeking Federal Emergency Management Agency grants funds through the California Governor's Office of Emergency Services program for various emergency projects. To claim Federal funds for the design and construction of emergency projects, the State requires a resolution authorizing the submittal of the application.

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

The adoption of this resolution will allow the Town Manager to submit a grant application to the California Governor's Office of Emergency Services and sign funding agreements for any approved projects.

ENVIRONMENTAL REVIEW
Not Applicable

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

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. Using grant funds is fiscally responsible, maximizing economic opportunities and enhances the livability of Yountville with well-maintained public facilities.

RECOMMENDATION
Adopt Resolution 23-4199 Authorizing submittal of application(s) for the California Governor's Office of Emergency Services program for which the Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

Town of Yountville
Resolution Number 23-4199

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR THE CALIFORNIA

GOVERNOR'S OFFICE OF EMERGENCY SERVICES PROGRAM FOR WHICH THE

TOWN IS ELIGIBLE AND AUTHORIZING TOWN MANAGER, TO SIGN THE

NECESSARY MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL

AGREEMENTS, FUND EXCHANGE AGREEMENTS, AND /OR FUND TRANSFER

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

Recitals
A. The Town of Yountville seeking Federal Emergency Management Agency grants funds through the California Governor's Office of Emergency Services program for various emergency projects.

B. To claim the Federal funds for the design and construction emergency projects, the State requires a resolution authorizing the submittal of the application.

C. The State of California requires the application be filed with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance.

D. As such, the Town Manager, or his/her designee is hereby authorized and empowered to execute in the name of the Town of Yountville all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved grant or payment project for California Governor's Office of Emergency Services program for all grants; and
E. That these authorizations are effective from the date of adoption through April 1, 2027.

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

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

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 18th day of April 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 #: 7B
Yountville Town Council Staff Report
DATE: April 18, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution 23-4200 Authorizing submittal of application(s) for all federal Land and Water Conservation Fund programs for which the Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

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

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

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

ENVIRONMENTAL REVIEW
Not Applicable

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

RECOMMENDATION
Adopt Resolution 23-4200 Authorizing submittal of application(s) for all federal Land and Water Conservation Fund programs for which the Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

Town of Yountville
Resolution Number 23-4200

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL FEDERAL LAND AND

WATER CONSERVATION FUND PROGRAMS FOR WHICH TOWN IS ELIGIBLE AND

AUTHORIZING TOWN MANAGER, TO SIGN THE NECESSARY MASTER

AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE

AGREEMENTS, AND /OR FUND TRANSFER AGREEMENTS AND ANY

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

Recitals
A. The Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
B. The California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
C. The applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and D. That the Town Manager, or his/her designee is hereby authorized and empowered to execute in the name of the Town of Yountville all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project Land and Water Conservation Fund Grant-In-Aid program for all grants; and
E. That these authorizations are effective from the date of adoption through April 1, 2027.

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

1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Vineyard Park Improvements Project.

2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

6. Appoints the Town Manager as agent of the applicant to authorize and to execute conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

7. 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 18th day of April 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: April 18, 2022
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

Adopt Resolution Number 23-4201 Rescinding the Town’s Phased Water Shortage Emergency Regulations.

DISCUSSION/BACKGROUND
First there was the drought:
• In May 2021 Town Council adopted Resolution 21-4054 approving the implementation of Modified Phase 2 Water Shortage Emergency Regulations in response to the drought and the initial notice from CalVET of only 400 Acre-Feet from Rector Reservoir.
• In May 2022 Town Council adopted Resolution 22-4118 renewing the application of Modified Phase 2 Water Shortage Emergency Regulations in response to the ongoing drought and the second notice from CalVET of only 400 Acre-Feet from Rector Reservoir.
• In July 2022 Town Council adopted Resolution 22-4139 further modifying and renewing the application of Phase II Water Shortage Emergency Regulations.
• Town Staff have been implementing, educating, enforcing, and reporting about the Modified Phase 2 Water Shortage Emergency Regulations consistent with each resolution as they became adopted.

Then the rains came:
• In March 2023 the governor issued Executive Order N-5-23 rolling back the State’s drought restrictions including the prior order requiring urban water suppliers to activate Phase II of their water shortage emergency ordinances.
• Also, in March 2023 the Town received the annual CalVET Water Allocation Memo which removed the allocation limit of 400 acre-feet and returned to the agreement amount of 500+ acre-feet. • Town Staff recommend, based on this information from the governor and Cal-Vet, that the Phased Water Shortage Emergency Regulations be rescinded.
• Water Conservation is now a way of life and is encouraged of all of the Town’s water customers.

Water Conservation rules that will remain in effect:
• Executive Order N-5-23
o Maintains the ban on wasteful water use, such as watering ornamental grass on commercial properties.
o Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating. • Town Municipal Code Prohibitions and Limitations:

A. No customer or person shall waste water. For the purposes of this chapter, “waste” means:

1. Use of water for decorative fountains where the water is not recirculated;

2. Washing cars, boats, trailers, aircraft, or other vehicles by hose without a shutoff nozzle except commercial or fleet vehicle washing facilities operated at fixed locations;

3. Watering lawns or gardens in a manner which result in runoff in gutter or other waterway, or excessive overspray of patio, driveway, walk, or street;

4. Withdrawing water from fire hydrants, except for firefighting, firefighting training, and water system maintenance purposes;

5. Use of water for cleaning streets during or following construction activities; flushing storm drains; and flow testing for fire sprinkler design except as approved by the Town Engineer;

6. Use of water for grading, dust control, street, pipeline, or similar construction. Only reclaimed water may be used for the foregoing activities except as allowed by the Town Engineer.

B. In emergency situations only, water for hauling may be supplied at a Town designated location upon prior approval from the Town Engineer. Tanker trucks hauling for domestic use must be certified to carry potable water. Hauled water may be supplied to existing customers only.

C. All projects for which the Planning Department requires approved landscape plans must adhere to the Town’s Water Efficient Landscape Standards in order to obtain plan approval.

D. Draining and refilling of swimming pools shall be permitted only as needed for the purpose of pool repair or to correct a severe chemical imbalance. Draining and refilling of decorative ponds and lakes shall be permitted only as needed for the purpose of lining the bottom to prevent absorption.

E. Residential customers shall use no more than 164,250 gallons of water per year.

F. Commercial or industrial customers shall use no more water per year than the amount set by resolution of the Town Council, which shall be published and/or posted in the same manner as ordinances, distributed in a manner designed to give notice to commercial and industrial customers, and available upon request.

G. Within 48 hours of notification by the Town, all leaks, breaks, or other malfunctions in a customer’s or person’s plumbing or distribution system shall be repaired, or an agreement shall be entered into with the Town to do so.

Public Works staff will continue water conservation outreach efforts, monitoring of water use and abuse and will respond accordingly to those water customers who cannot or will not abide by the current water regulations.

Additionally, all of our water customers are encouraged to use the Eye on Water application to monitor both water use and potential leaks. The Eye on Water app is a user-friendly visual interface to quickly understand when and how much water is passing through your water meter. All of the water that passed through your water meter becomes your water and is reflected on your water bill. Conserving water will also help to save money on your monthly water bill.

ENVIRONMENTAL REVIEW
Not Applicable

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

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

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

RECOMMENDATION
Adopt Resolution No. 22-4201 Rescinding the Town’s Phased Water Shortage Emergency Regulations.

Town of Yountville
Resolution Number 23-4201
RESCINDING THE TOWN’S PHASED WATER SHORTAGE EMERGENCY

REGULATIONS
Recitals
A. In response to the drought the Town adopted evolving versions of a Phase II Water Shortage Emergency as follows:
• Resolution 21-4054 approving the implementation of Modified Phase 2 Water Shortage Emergency Regulations in response to the drought and the initial notice from CalVET of only 400 Acre-Feet from Rector Reservoir.
• Resolution 22-4118 renewing the application of Modified Phase 2 Water Shortage Emergency Regulations in response to the ongoing drought and the second notice from CalVET of only 400 Acre-Feet from Rector Reservoir.
• Resolution 22-4139 further modifying and renewing the application of Phase II Water Shortage Emergency Regulations.

B. In response to the historic 2023 winter the State has issued the following:
• In March 2023, the governor issued Executive Order N-5-23 rolling back the State’s drought restrictions including the prior order requiring urban water suppliers to activate Phase II of their water shortage emergency ordinances.
• Also, in March 2023 the Town received the annual CalVET Water Allocation Memo which removed the allocation limit 400 acre-feet and returned to the agreement amount of 500+ acre-feet.

C. At this time, the Town may rescind the prior adopted Phase II Water Shortage Emergency however the following water conservation regulations will remain in place:
• Executive Order N-5-23
o Maintains the ban on wasteful water use, such as watering ornamental grass on commercial properties.
o Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating.
• Town Municipal Code Prohibitions and Limitations:
a) No customer or person shall waste water. For the purposes of this chapter, “waste” means:

1. Use of water for decorative fountains where the water is not recirculated;

2. Washing cars, boats, trailers, aircraft, or other vehicles by hose without a shutoff nozzle except commercial or fleet vehicle washing facilities operated at fixed locations;

3. Watering lawns or gardens in a manner which result in runoff in gutter or other waterway, or excessive overspray of patio, driveway, walk, or street;

4. Withdrawing water from fire hydrants, except for firefighting, firefighting training, and water system maintenance purposes;

5. Use of water for cleaning streets during or following construction activities; flushing storm drains; and flow testing for fire sprinkler design except as approved by the Town Engineer;

6. Use of water for grading, dust control, street, pipeline, or similar construction. Only reclaimed water may be used for the foregoing activities except as allowed by the Town Engineer.
b) In emergency situations only, water for hauling may be supplied at a Town designated location upon prior approval from the Town Engineer. Tanker trucks hauling for domestic use must be certified to carry potable water. Hauled water may be supplied to existing customers only.
c) All projects for which the Planning Department requires approved landscape plans must adhere to the Town’s Water Efficient Landscape Standards in order to obtain plan approval.
d) Draining and refilling of swimming pools shall be permitted only as needed for the purpose of pool repair or to correct a severe chemical imbalance. Draining and refilling of decorative ponds and lakes shall be permitted only as needed for the purpose of lining the bottom to prevent absorption.
e) Residential customers shall use no more than 164,250 gallons of water per year. f) Commercial or industrial customers shall use no more water per year than the amount set by resolution of the Town Council, which shall be published and/or posted in the same manner as ordinances, distributed in a manner designed to give notice to commercial and industrial customers, and available upon request. g) Within 48 hours of notification by the Town, all leaks, breaks, or other malfunctions in a customer’s or person’s plumbing or distribution system shall be repaired, or an agreement shall be entered into with the Town to do so.

D. Public Works staff will continue water conservation outreach efforts, monitoring of water use and abuse and will respond accordingly to those water customers who cannot or will not abide by the current water regulations.

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

1. Rescind prior Phased Water Shortage Emergency Resolution Numbers 21-4054, 22-4118 and 22-4139.

2. Water Conservation is now a way of life and is encouraged of all of the Town’s water customers.

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 18th day of April 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
STATE OF CALIFORNIA GAVIN NEWSOM, Governor

DEPARTMENT OF VETERANS AFFAIRS
Veterans Home of California, Yountville
190 California Drive
Yountville, CA 94559
Telephone: (707) 944-4500
HONORING CALIFORNIA’S VETERANS
Memorandum
To: Steve Rogers
Town Manager, Town of Yountville
From: Stephanie Weaver
Deputy Administrator, Veterans Home of California, Yountville Date: April 12, 2023
Subject: FY 2023-24 Water Allocation
Per Section 13 of agreement 04YS0025, ratified by Town Resolution 2321-05, we are notifying you that your maximum water allocation for the period of July 1, 2023- June 30, 2024 will be restored to your full allocation of 500 Acre Feet. Due to a wet water year Rector Reservoir is at 100% capacity and is spilling at the time of this notification.

However, as conditions change and dictate we reserve the right to reduce this allocation. In the event of the need of a reduced allocation, we will communicate well in advance conditions that would dictate such action and share relevant data for your review.

It should be noted that drought conditions continue to exist in some parts of the state, as well as some parts of Napa County. As such, we highly encourage continued conservation efforts on the part of the Town. The Veterans Home will continue to conserve water at every opportunity.

The California Department of Water Resources has classified the current water year as ‘Above Normal’ with the next update scheduled for April 1, 2023. As we have seen in recent history, each water year can drastically vary in terms of precipitation from year to year. We also note that with increased ambient air temperatures, evaporation rates are trending upwards.

It should also be noted that record snow pack conditions while beneficial to the state, have no impact on the Rector Reservoir watershed.

Please let me know if you have any questions.

Town of Yountville
Resolution Number 22-4139
Adopt Resolution Number 22-4139 Approving Implementation of Updated Phase 2 Water Shortage Emergency Regulations
Recitals
A. At the May 3, 2022, Town Council meeting, Town Council adopted Resolution 21-4118 approving the implementation of Phase 2 Water Emergency Regulations in response to the drought and the notice from CalVET of only 400 Acre-Feet of water supply from Rector Reservoir and Treatment Plant.

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

C. Town Council has determined to revise Phase II Water Shortage Regulation Numbers 3 and 6 from the previously adopted Resolution 22-4118. Revised Regulations 3 and 6 are revised herein while the remainder of the regulations remains the same as Resolution 22- 4118.

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

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

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

3. In no event shall residential users exceed the following gallons per week per meter, the week being defined as 12:00 am Sunday to 11:59 pm Saturday :
 Residential meter serving one unit: 2,350 gallons per week;  Residential meter serving two units: 3,655 gallons per week;  Master meter serving more than two units, no separate irrigation meter: 1,305 gallons per week per occupied unit plus an irrigation allotment totaling 40 gallons per day for each 1,000 square feet of landscaping.  Master meter serving more than two units, with separate irrigation meter: 1,305 gallons per week per occupied unit

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

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

6. Regardless of water source for all water users EXCEPT residential and multi-residential users even numbered addresses shall irrigate only on Monday and Thursday, odd numbered addresses shall irrigate only on Tuesday and Friday. There shall be no irrigation on Saturday, Sunday, and Wednesday.

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

DocuSign Envelope ID: 200FABF7-180C-42A0-9D64-A5A812921B0F Resolution Number 22-4139

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

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

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

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

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

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

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

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

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

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

18. 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 19th day of July 2022 by the following roll call vote:

AYES: Tagliaboschi, Mohler, Knight, Dorenbecher, Dunbar NOES: None
ABSENT: None
ABSTAIN: None
___________________________________
John F. Dunbar, Mayor
ATTEST:

Eddy Gomez; Town Clerk
DocuSign Envelope ID: 200FABF7-180C-42A0-9D64-A5A812921B0F Town of Yountville
Resolution Number 22-4118
Adopt Resolution Number 22-4118 Approving Implementation of Updated Phase 2 Water Shortage Emergency Regulations
Recitals
A. At the May 4, 2021, Town Council meeting, Town Council adopted Resolution 21-4054 approving the implementation of modified Phase 2 Water Emergency Regulations in response to the drought and the initial notice from CalVET of only 400 Acre-Feet from Rector Reservoir and Treatment Plant.

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

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

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

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

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

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

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

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

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

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

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

6. Regardless of water source, even numbered addresses shall irrigate only on Monday and Thursday, odd numbered addresses shall irrigate only on Tuesday and Friday. There shall DocuSign Envelope ID: 68E3ECEB-BB70-4077-8784-991AB6A59187 be no irrigation on Saturday, Sunday, and Wednesday.