Agenda packet — Yountville City Council, July 18, 2023

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, July 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
for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

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 Legislative Bodies’ meetings can be watched live in three different ways:

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

On 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 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. TOWN MANAGER INTRODUCTION

6. PROCLAMATIONS AND RECOGNITIONS
A. Jim McDonald – Yountville Arts Commission Member

7. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
Members of the public are entitled to speak for 3 minutes 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. 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.

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 Legislative Bodies’ meetings can be watched live in three different ways:

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

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

On local cable TV Channel 28.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. TOWN MANAGER INTRODUCTION

6. PROCLAMATIONS AND RECOGNITIONS
A. Jim McDonald – Yountville Arts Commission Member

Members of the public may also submit Public Comment on matters of municipal concern not on the agenda via email at ygyg
written correspondence delivered to the Town Council at, or before, the Public Meeting.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. TOWN MANAGER INTRODUCTION

6. PROCLAMATIONS AND RECOGNITIONS
A. Jim McDonald – Yountville Arts Commission Member

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

8. CONSENT CALENDAR
A. Adopt Resolution Number 234215 Awarding the bid for the Measure T Fiscal Year 2023 project Street Rehabilitation at Heritage Way Project Number MT3024 to JD Pasquetti Engineering, LLC of Lincoln CA., for $238,531.50 and authorizing the Town Manager to execute a construction contract, change orders and amendments up to the MT3024 budgeted amount.

B. Adopt Resolution Number 234216 Authorizing a Maintenance Agreement with Jenfitch, Inc for Purchase and Delivery of Chemicals to the Wastewater Reclamation Facility for $124,000 and Authorizing the Town Manager to Execute the Agreement up to that Amount and any Subsequent Amendments.

C. Adopt Resolution 234217 Approving Professional Services Agreement with Caltest Analytical for Laboratory Testing Services for Fiscal Year 2023/2024 in a not to exceed the amount of $97,000 and Authorizing the Town Manager to Execute the Agreement up to that Amount and any Subsequent Amendments.

D. Appoint Vice Mayor Knight as the Voting Delegate and Town Manager Brad Raulston as Voting Delegate Alternate for the League of California Cities Annual Conference Business Meeting being held in Sacramento from Wednesday, September 20 through Friday, September 22, 2023.

E. Appoint three (3) individuals to the Yountville Arts Commission with a term of office to commence July 21, 2023 and expire on July 20, 2025.

F. Appoint one (1) individual to the Yountville Community Foundation with a term of office to commence August 2, 2023 and expire on August 1, 2025.

G. Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390

9. PRESENTATIONS NONE

10. PUBLIC HEARINGS
AConsiderAdoptionofResolutionNumber234218ApprovingrevisedDeveloperImpactFeesand epapusuattoouteucpaCode33390

9. PRESENTATIONS NONE

10. PUBLIC HEARINGS
A. Consider Adoption of Resolution Number 234218 Approving revised Developer Impact Fees and Capacity Charges and conduct a public hearing, and adoption of the 2023 Nexus Study in support.

11. ADMINISTRATIVE / REGULAR ITEMS
A. Discussion and potential direction regarding Chapter 17.128 of the Yountville Municipal Code (YMC) Tree Preservation and Management.

12. STAFF INFORMATIONAL REPORTS NONE

13. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS A. Napa County Flood Control & Water Conservation District B. Napa Valley Transportation Authority (NVTA)
C. Upper Valley Waste Management Agency
D. LAFCO of Napa County
E. Watershed Information & Conservation Council
F. Climate Action Committee
G. Cal Cities Update
H. Council Ad Hoc and Standing Committee Reports
I. Council Announcements and Agenda Item Requests
J. Potential Future Agenda Items: Quarterly Investment Report, Preliminary Monthly Financial Report, Public Safety and CalFire Quarterly Report.

14. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION (Gov. Code, § 54956.9, subds. (d)(2) & (d)(3).)
A point has been reached where, in the opinion of the Town Council on the advice of its legal counsel, based on the below described 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: Two

15. ADJOURNMENT
Adjourn to the Town Council Special Meeting Wednesday, July 19, 2023 at 8:30 a.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

IN RECOGNITION OF

JIM MCDONALD
Yountville Arts 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 Yountville Arts Commission between
July 2019 and July 2023.

CERTIFICATE OF APPRECIATION
Mayor Margie Mohler
July 18, 2023
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: {{section. number}} {{item. number}}
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution Number 23-4215 Awarding the bid for the Measure T Fiscal Year 2023 project Street Rehabilitation at Heritage Way Project Number MT-3024 to JD Pasquetti Engineering, LLC of Lincoln CA., for $238,531.50 and authorizing the Town Manager to execute a construction contract, change orders and amendments up to the MT-3024 budgeted amount.

DISCUSSION/BACKGROUND
At the June 6, 2023, Town Council meeting, the Council approved the 2023-24 Capital Improvement Plan with MT-3024, the Annual Street Maintenance and Paving Program which includes the rehabilitation of Heritage Way.

This project site was determined through annual pavement condition inspections and the current pavement condition rating of streets.

Rehabilitation for this project will consist of lowering the existing utility covers, a full street width grind of the existing asphalt followed by overlaying the street surface with new hot-mix asphalt, and all new traffic markings.

The work will occur on the street surface from the lip of gutter to lip of gutter, with no work occurring on the concrete curbs.

The formal bid package was advertised in the construction trade journals and the Town’s virtual plan room beginning June 6, 2023, with a 30-day solicitation period. The Town received 3 bids that were publicly opened and read aloud on July 6, 2023, at 2:00 pm. The bids received exceeded the engineer’s estimate of $180,000 for the project but remain within the project budget. Construction projects currently bidding throughout the valley show a general increase in construction costs. The results in order from highest to lowest are as follows:

Highest: JV Lucas Paving Inc. $259,989.00
QA Constructors Inc. $244,589.00
Lowest: JD Pasquetti Engineering, LLC $238,531.50
The apparent low bidder is JD Pasquetti Engineering, LLC out of Lincoln, CA. JD Pasquetti Engineering is the apparent lowest responsive and responsible bidder at the corrected price of $238,531.50.

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? MT-3024; 25-6000-5400; Annual Street Maint. & Paving Program Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, trails, and quality programs and events. 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. Publicly bidding the project is fiscally responsible, maximizing economic opportunities and paving the street network in this neighborhood enhances the livability of Yountville with well-maintained public streets.

RECOMMENDATION
Adopt Resolution Number 23-4215 Awarding the bid for the Measure T Fiscal Year 2023 project Street Rehabilitation at Heritage Way Project Number MT-3024 to JD Pasquetti Engineering, LLC of Lincoln CA., for $238,531.50 and authorizing the Town Manager to execute a construction contract, change orders and amendments up to the MT-3024 budgeted amount.

Resolution Number 23-4215
Town of Yountville
Resolution Number 23-4215
AWARDING THE BID FOR THE MEASURE T FISCAL YEAR 2023 PROJECT STREET REHABILITATION AT HERITAGE WAY PROJECT NUMBER MT-3024 TO JD PASQUETTI ENGINEERING, LLC OF LINCOLN CA., FOR $238,531.50 AND

AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT, CHANGE ORDERS AND AMENDMENTS UP TO THE MT-3024 BUDGETED AMOUNT.

Recitals
A. In November 2012, the voters of Napa County approved a ½-cent sales tax known as Measure T which was implemented July 1, 2018. Measure T funding is to be used for maintenance, reconstruction, and/or rehabilitation of streets, sidewalks, and transportation infrastructure within the public right-of-way.

B. At the June 6, 2023, Town Council meeting, the Council approved a resolution adopting the 2023-2024 Capital Improvement Program with MT-3024, the Annual Street Maintenance and Paving Program. This year’s Measure T Project MT-3024 consists of the rehabilitation of Heritage Way.

C. At the June 6, 2023, Town Council meeting, Council approved the plans and specifications for MT-3024, the project described above.

D. The formal bid package was advertised in the construction trade journals and the Town’s virtual plan room on June 6, 2023, with a 30-day solicitation period. The Town received one bid that was publicly opened and read aloud on July 6, 2023, at 2:00 pm.

E. The apparent low bidder is JD Pasquetti Engineering, LLC out of Lincoln, CA. JD Pasquetti Engineering is the apparent lowest responsive and responsible bidder at the corrected price of $238,531.50.

F. This project is categorically exempt under Section 15302(c) Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 2, Replacement or Reconstruction.

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

1. Award the bid for the Measure T Street Rehabilitation at Various Locations MT 3024, to JD Pasquetti Engineering, LLC of Lincoln for $238,531.50.

2. Authorize the Town Manager to execute a construction contract, change orders and amendments up to the MT 3024 budget amount.

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

Resolution Number 23-4215
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 July 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 #: 8B
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Erica Rodgers, Management Analyst
SUBJECT:

Adopt Resolution Number 23-4216 Authorizing a Maintenance Agreement with Jenfitch, Inc for Purchase and Delivery of Chemicals to the Wastewater Reclamation Facility for $124,000 and Authorizing the Town Manager to Execute the Agreement up to that Amount and any Subsequent Amendments.

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 Wastewater Reclamation Facility it was determined that a new coagulant would need to be developed for the Town.

The Town has been reliant on Jenfitch, Inc. as the exclusive supplier of JC 1679, a coagulant used to thicken sludge in the Dissolved Air Flotation Thickener. This chemical plays a vital role in aiding the settling of sludge in the final clarifiers, and Jenfitch, Inc. has been supplying it to the Town for many years.

This award resolution falls under a Sole Source Purchase as provided under Town Municipal Code 3.32.190 Special equipment/supplies – Sole source purchases – Bid exceptions which states commodities or services that can be obtained from only one vendor or one distributor are exempt from the competitive bidding requirements in Section 3.32.150 and are deemed sole source purchases. Approval of any sole source acquisition shall be obtained from the Town Council for an award of a contract or purchase order of $45,000 or more.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Wastewater Treatment Operations 62-4515-4125 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. Exceptional Town Services and Staff: The Town supports its talented staff who delivery 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. Providing the resources needed to operate the Wastewater Reclamation Facility to meet the requirements of the Pollutant Discharge Elimination System (NPDES) Permit ensures staff may maintain the public infrastructure for the benefit of the community.

RECOMMENDATION
Adopt Resolution 23-4216 Authorizing a Maintenance Agreement with Jenfitch, Inc for Purchase and Delivery of Chemicals to the Wastewater Reclamation Facility for $124,000 and Authorizing the Town Manager to Execute the Agreement up to that Amount and any Subsequent Amendments.

Town of Yountville
Resolution Number 23-4216

AUTHORIZING A MAINTENANCE AGREEMENT WITH JENFITCH, INC FOR PURCHASE AND DELIVER OF CHEMICALS TO THE WASTEWATER RECLAMATION FACILITY FOR $124,000 AND

AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT UP TO THAT AMOUNT

AND ANY SUBSEQUENT AMENDMENTS
___________________________________________________________________________ Recitals
A. 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.

B. The Town has been reliant on Jenfitch, Inc. as the exclusive supplier of JC 1679, a coagulant used to thicken sludge in the Dissolved Air Flotation Thickener. This chemical plays a vital role in aiding the settling of sludge in the final clarifiers, and Jenfitch, Inc. has been supplying it to the Town for many years.

C. This award resolution falls under a Sole Source Purchase as provided under the Town Municipal Code 3.32.190 Special equipment/supplies – Sole source purchases – Bid exceptions which state commodities or services that can be obtained from only one vendor, or one distributor are exempt from the competitive bidding requirements in Section 3.32.150 and are deemed sole source purchases. Approval of any sole source acquisition shall be obtained from the Town Council for an award of a contract or purchase order of $45,000 or more.

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

1. Hereby authorizes a Maintenance Agreement with Jenfitch, Inc. for purchase and delivery of chemicals to the Wastewater Reclamation Facility for $124,000.

2. Hereby authorizes the Town Manager to execute a Maintenance Agreement up to $124,000 and any subsequent amendments.

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 July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
MA: _______________
Maintenance Services Agreement

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MAINTENANCE AGREEMENT
Providing Payment of Prevailing Wages
(Town of Yountville / ____________________)

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

2. RECITALS

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

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

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

3. DEFINITIONS

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

3.2. “Agreement Administrator”: The Agreement Administrator for this project is [Name and title] __________________. The Agreement Administrator shall be the principal point of contact at the Town for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. Town reserves the right to change this designation upon written notice to Contractor.

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

3.4. “Commencement Date”: _____.
2023-810 On Hundred Twenty Four Thousand 124,000 Jenfitch, Inc Jenfitch, Inc California Corporation 07/01/2023 06/15/2023 Purchase and delivery of chemicals to be used at the Town of Yountville Waste Water Reclamation Facility. Charles Jennings MA: _______________
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3.5. “Termination Date”: _____

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 16 (“Termination”) below.

5. CONTRACTOR’S DUTIES

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

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

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

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

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

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

5.6. Appropriate Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Contractor or under its supervision or by subcontractor(s) of Contractor, and all personnel engaged in the work shall be qualified to perform such services. [Name of Project Manager] ________________ shall be Contractor’s project administrator and shall have direct responsibility for management Jeff White 06/30/2024
MA: _______________
Maintenance Services Agreement

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of Contractor’s performance under this Agreement. No change shall be made in Contractor’s project administrator without Town’s prior written consent.

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

5.8. Permits and Approvals. Contractor shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary, if any, for Contractor’s performance of this Agreement including, but not limited to, professional licenses and permits.

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

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

6. SUBCONTRACTING AND ASSIGNMENT

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

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

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

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

7. COMPENSATION

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

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

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

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

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

8. LABOR CODE

8.1. Prevailing Wage Law. Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage MA: _______________
Maintenance Services Agreement

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rates and the performance of other requirements on certain “public works” and “maintenance” projects. Contractor shall defend, indemnify, and hold harmless Town, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws.

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

8.3. Forfeiture. Contractor shall forfeit as a penalty to Town Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor.

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

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

8.6. 8-Hour Work Day. This Agreement is subject to 8-hour work day and wage and hour penalty laws, including, but not limited to, Labor Code section 1810 and Labor Code section 1813. Contractor and any subcontractor(s) of Contractor shall strictly adhere to MA: _______________
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the provisions of the Labor Code regarding 8-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Pursuant to the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by Contractor’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to Town $25.00, or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

8.7. Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code section 1771 and Labor Code section 1725.5 requiring registration with the Department of Industrial Relations (DIR). Contractors shall be registered through the Department of Industrial Relation’s (DIR) Public Works Program for state and local public works contracts, for maintenance work valued at more than $15,000.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of Town without restriction or limitation upon its use or dissemination by Town except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

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

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

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

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

11. INDEMNIFICATION

11.1. Definitions. For purposes of this Section 11, “Contractor” shall include Contractor, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Contractor or its subcontractors, in the performance of this Agreement. “Town” shall include Town, its officers, agents, employees and volunteers.

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

11.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Contractor shall not be required to indemnify Town for such loss or damage as is caused by the sole active negligence or willful misconduct of the Town.

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

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

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

11.6. Waiver of Statutory Immunity. The obligations of Contractor under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

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

11.7. Indemnification by Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Contractor’s behalf.

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

12. INSURANCE

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

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

12.2. Documentation of Insurance. Town will not execute this agreement until it has received a complete set of all required documentation of insurance coverage However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Contractor shall file with Town:
• Certificate of Insurance, indicating companies acceptable to Town, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: [insert project name] ____________________________ • Documentation of Best’s rating acceptable to the Town. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

Coagulant ww
MA: _______________
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12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $1,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $2,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

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

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

Initials: _________________
Name: __________________

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

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately.

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

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).

12.7. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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

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

12.10. Insurance Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies MA: _______________
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are reduced; (3) or the deductible or self-insured retention is increased. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the Town, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. Contractor shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: Town of Yountville, Attn: __________________________, 6550 Yount Street, Yountville, CA 94599.

12.11. Contractor’s Insurance Primary. The insurance provided by Contractor, including all endorsements, shall be primary to any coverage available to Town and be endorsed using Insurance Services office form CG 20 10 (or equivalent) to provide that Town and its officers, employees, and agents shall be additional insureds under such policies..

Any insurance or self-insurance maintained by Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

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

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

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

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

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

Erica Rodgers
MA: _______________
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13. MUTUAL COOPERATION

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

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

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

If to Contractor:

Name: ___________________________
Address: _________________________
Address: _________________________
Telephone: _______________________
Facsimile: _______________________
Email: ___________________________
If to Town:

Name: _________________________
Town of Yountville
Department/Division: _____________
6550 Yount Street
Yountville, CA 94599
Telephone: (707) 944-8851
Email: _______________________
With courtesy copy to:

Gary B. Bell
Yountville Town Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Dr., Ste. 140
Grass Valley, CA 95945-5091
Telephone: (530) 432-7357

15. SURVIVING COVENANTS
[email protected]
[email protected] Public Works 712 Bancroft Rd Ste 805 925-289-3559 925-289-0094 Jeff White Charles Jennings Walnut Creek, CA 94598-9123 MA: _______________
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The parties agree that the covenants contained in paragraph 5.10 (Records), paragraph 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnification), paragraph 12.7 (Claims-Made Policies), paragraph 13.2 (Contractor Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

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

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

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

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

17. INTERPRETATION OF AGREEMENT

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

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binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by Town and Contractor.

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

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

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

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

18. GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

18.12. Venue. The venue for any litigation shall be the Superior Court of California for the County of Napa. Consultant hereby consents to jurisdiction therein for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “Town”
Town of Yountville
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Contractor”
___________________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Delete this Attest signature if less than $45,000 and not requiring Council approval.

MA: _______________
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Attest:

By:__________________________________
Eddy Gomez, Town Clerk
Date:________________________
Approved as to form:

By:__________________________________
Gary B. Bell, Town Attorney
Date:________________________
MA: _______________
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WORKER’S COMPENSATION INSURANCE ACKNOWLEDGEMENT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker’s Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless Town for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.

Date:________________________ _____________________________________ Signature
_____________________________________
Printed Name
_____________________________________
Title

PRICE QUOTE
JENFITCH NO. 2306-1501
JENFITCH, INC.
712 Bancroft Road Suite 805
Walnut Creek, CA 94598-9123
Phone: (925) 289-3559
Fax: (925) 289-0094
To:

TOWN OF YOUNTVILLE

WASTEWATER TREATMENT PLANT
7501 SOLANO AVE
YOUNTVILLE, CA 94599
PHONE: 707-480-4609
Ship to (if different address):

DATE PLACED BY VALID TO SHIP VIA F.O.B. TERMS
Jun 15, 2023 Jennings 07/01/2024 WATSON N30
QTY. DESCRIPTION UNIT PRICE TOTAL
16,500 LBS JC 1679 CATIONIC COAGULANT 1.35 22,275.00
1600 GALLON BULK DELIVERY (Minumum) 0.00

0.00 PLUS SALES TAX-ONLY JC 1679 ONLY 0.00
SpGr 1.24±0.10 0.00

0.00 0.00
SHIPPING & HANDLING 2,700.00
SUBTOTAL 24,975.00
SALES TAX RATE 0.00%
SALES TAX 0.00
Charles Jennings TOTAL DUE $24,975.00
Authorized Signature
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8C
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Erica Rodgers, Management Analyst
SUBJECT:

Adopt Resolution 23-4217 Approving Professional Services Agreement with Caltest Analytical for Laboratory Testing Services for Fiscal Year 2023/2024 in a not to exceed the amount of $97,000 and Authorizing the Town Manager to Execute the Agreement up to that Amount and any Subsequent Amendments.

DISCUSSION/BACKGROUND
The Town of Yountville operates under the regulations of a National Pollution Discharge Elimination System (NPDES) Permit and a Domestic Drinking Water Permit both issued by the California State Water Resources Control Board. Utility Operators collect diverse types of samples related to the Wastewater Reclamation Facility and Drinking Water System to keep the Town in compliance with the permits listed above.

Caltest Analytical Laboratory is a third-party lab that specializes in water and wastewater sampling and analysis.

They provide the analysis of the samples collected by staff and process the analysis using their technology and resources in accordance with regulations. In addition to the work that is related to the sample analysis, Caltest Laboratory picks up the samples from the Wastewater Reclamation Facility seven days/week at no additional charge.

A significant benefit of utilizing Caltest is their close proximity to Yountville. This is especially important when Utility Operators have had to collect emergency samples after water amin issues and depressurization of water mains have occurred. This is because a bacteriological sample must be taken before the water main can be safely put back into service. With the quick turnaround time, the Town can minimize the water outage and get safe water service restored to customers as quickly as possible.

Municipal Code 3.32.520 states that the Town Manager may approve professional service contracts up to and including 45,000. The Town Council shall approve professional or special service contracts greater than $45,000. Due to the cost of the contract exceeds the Town Manager’s signing authority, Council approval is required.

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? Wastewater Treatment Operations, Contract Services (62-4515-4210); Water Utility Operations & Distribution, Contract Services (61-4505-4210) 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. Utilizing a third party who has the necessary resources to provide lab analysis is fiscally responsible, while also meeting the regulatory requirements.

RECOMMENDATION
Adopt Resolution 23-4217 Approving Professional Services Contract with Caltest for Laboratory Testing Services for Fiscal Year 2023/2024 in a not to exceed the amount of $97,000 and authorizing the Town Manager to execute the agreement up to that amount and any subsequent amendments.

Town of Yountville
Resolution Number 23-4217

APPROVING PROFESSIONAL SERVICES CONTRACT WITH CALTEST ANALYTICAL FOR LABORATORY TESTING SERVICES FOR FISCAL YEAR 2023/2024 IN A NOT TO EXCEED THE AMOUNT OF $97,000 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT UP TO THAT AMOUNT AND ANY SUBSEQUENT AMENDMENTS.

Recitals
A. The Town of Yountville operates under the regulations of a National Pollutant Discharge Elimination System (NPDES) Permit and a Domestic Drinking Water Permit both issued by the California State Water Resources Control Board.

B. Caltest Analytical Laboratory is a third-party lab that specializes in water and wastewater sampling and analysis. They provide the analysis of the samples collected by staff and process the analysis using their technology and resources in accordance with regulations.

C. Municipal Code 3.32.520 states that the Town Manager may approve professional service contracts up to and including $45,000.00. The Town Council shall approve professional or special service contracts greater than $45,000.00. Because the cost of the contract exceeds the Town Manager’s signing authority, Council approval is required.

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

1. Hereby approves a Professional Services Agreement with Caltest Analytical for laboratory testing services for fiscal year 2023/2024 in a not to exceed the amount of $97,000.

2. Hereby authorizes the Town Manager to execute a Professional Services agreement up to $97,000 and any subsequent amendments.

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 July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
PSA #: _______________
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PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(Town of Yountville / _________________)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the Town of Yountville, a California municipal corporation (“Town”), and ______________________, a ____________________________ (“Consultant”).

2. RECITALS

2.1. Town has determined that it requires the following professional services from a consultant:: __________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

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

2.3. Consultant represents that it has no known relationships with third parties, Town Council members, or employees of Town which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

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

3. DEFINITIONS

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

3.2. “Agreement Administrator”: The Agreement Administrator for this project is [Name and title] ___________________________. The Agreement Administrator shall be the principal point of contact at the Town for this project. All services under this 2023-814 Caltest Analytical Laboratory, Inc Caltest Analytical Laboratory, Inc California Corporation Staff to provide third party sample results for regulatory compliance purposes. June 16, 2023 Nick Hickman Provide water and wastewater analysis of samples collected by Town PSA #: _______________
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Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. Town reserves the right to change this designation upon written notice to Consultant.

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

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

3.5. “Commencement Date”:________.

3.6. “Termination Date”: _______

Consultant may request extensions of time to perform the services required hereunder.

Such extensions shall be effective if authorized in advance by Town in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

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

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

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount. 2023-814 Ninety SeveenThousand 97,000.00 07/01/2023 06/30/2024 PSA #: _______________
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5.4. Business License. Consultant shall obtain and maintain in force a Town business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to Town. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, Town may consent in writing to Consultant’s performance of such work.

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

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the Town that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. If Town and Consultant cannot agree as to the substitution of key personnel, Town may terminate this Agreement for cause.

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

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
2023-814 Sandralyn Luna
PSA #: _______________
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5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of Town. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of Town, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

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

6.2. Consultant Responsible. Consultant shall be responsible to Town for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. Town shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved markup as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. Town shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1. General. Town agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by Town in advance.

7.2. Invoices. Consultant shall submit to Town an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant 2023-814
PSA #: _______________
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to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

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

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

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the Town through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the Town.

7.6. Town Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until Town is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, Town shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the Town, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of Town without restriction or limitation upon its use or dissemination by Town except as provided by law. Consultant PSA #: _______________
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may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

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

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

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

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

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “Town” shall include Town, its officers, agents, employees and volunteers.

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

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify Town for such loss or damage as is caused by the sole active negligence or willful misconduct of the Town.

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

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

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

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

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

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

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

12. INSURANCE

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

Approval of the insurance by the Town shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement. A category of risk and the applicable insurance requirements will be determined on a “per consultant” basis, considering the particular work to be done by the consultant and the interrelationship of that work to other work being conducted by the Consultant.

PSA #: _______________
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12.2. Documentation of Insurance. Town will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with Town:
• Certificate of Insurance, indicating companies acceptable to Town, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: [insert project name] ___________________________ • Documentation of Best’s rating acceptable to the Town. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per claim, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $2,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the Town as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

Water & Wastewater Analysis
PSA #: _______________
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12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage shall include contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable. The General Liability policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

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

12.6. Automobile Liability Insurance. Covered vehicles shall include all vehicles used in connection with the performance of this Agreement, including owned, non-owned, and hired automobiles and trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. Coverage shall be continued for three years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

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

Initials: _________________
Name: __________________

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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

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

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the Town, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.

Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage.

Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: Town of Yountville, Attn:
_________________________6550 Yount Street, Yountville, CA 94599.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to Town and be endorsed using Insurance Services office form CG 20 10 (or equivalent) to provide that Town and its officers, employees, and agents shall be additional insureds under such policies.

Any insurance or self-insurance maintained by Town and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

Erica Rodgers
PSA #: _______________
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12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the Town. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

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

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

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

12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify Town under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement as well as the early termination of this Agreement.

13. MUTUAL COOPERATION

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

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

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

If to Town If to Consultant
PSA #: _______________
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Name: ___________________________
Address: _________________________
Address:_________________________
Telephone: ________________________
Facsimile: ________________________
Email: _______________________________
Name: _________________________
Town of Yountville
Department/Division:______________
6550 Yount St.

Yountville, CA 94599
Telephone: (707) 944-8851
Facsimile: (707) 944-9619
Email: ________________________
With courtesy copy to:

Gary B. Bell
Yountville Town Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Dr., Ste. 140
Grass Valley, CA 95945-5091
Telephone: (530) 432-7357

15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 5.11 (Records), Section 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnification), Section

12.8 (Claims-Made Policies), Section 13.2 (Consultant Cooperation in Defense of Claims), and Section 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

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

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

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The Town shall 1885 N Kelly Rd Napa, CA 94558 707-258-4000 707-226-1001 [email protected] [email protected] Nick Hickman Public Works Sandralyn Luna PSA #: _______________
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have the benefit of such work as may have been completed up to the time of such termination.

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

17. INTERPRETATION OF AGREEMENT

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

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

PSA #: _______________
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18. GENERAL PROVISIONS

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

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

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

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

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

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

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant PSA #: _______________
Professional Services Agreement – Consultant Services

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(Approved for Use August 2, 2022)
254516.2
254516.v4
agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

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

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

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

PSA #: _______________
Professional Services Agreement – Consultant Services

Page 16 ends

(Approved for Use August 2, 2022)
254516.2
254516.v4
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “Town”
Town of Yountville
By:________________________________
Signature_________________________
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
__________________________
By:________________________________
Signature __________________________
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

Delete this Attest signature if less than $45,000 and not requiring Council approval.

By:__________________________________
Eddy Gomez, Town Clerk
Date:________________________

Approved as to form:

By:__________________________________
Gary B. Bell, Town Attorney

Date:________________________

Cal-Test Analytical Analysis
Project Manager: Sandralyn Luna
Caltest Analytical Laboratory
1885 N. Kelly Rd.

Napa, CA 94558
Email [email protected]
NELAP/ORELAP Certification 4036 CA-ELAP Certification 1664 Quotation
Profile:

Payment Terms:

Description:
30 days from invoice date
400472 Quote for Fiscal Year 23/24
Client: Town of Yountville
Nick Hickman
Town of Yountville Water District
6550 Yount Street
Yountville, CA 94599
Phone (707)944-2655
Email [email protected]
Payment Terms: NET30
Quote for Fiscal Year 23/24: Valid 7/1/23- 6/30/24
Line
Item Description Matrix Unit Price Qty
Extended
Price
Test Code Test Description TAT
1 DW Drinking Water $555.75 1 $555.75
524.2.THM 524.2 THMs 10 $159.60
GENPHYS General Physical 10 $147.25
HAA.RL Haloacetic acids (Subcontracted) 10 $158.00
HARD.T.W Hardness, Titration 10 $46.55
P/A Coliform, Total & E.Coli (P/A) 10 $52.25
2 W Water $1,655.85 1 $1,655.85
BIOA.RL Bioassay (Subcontracted) 10 $924.00
BOD.COD Biochemical Oxygen Demand (BOD) 10 $84.55
CU2008CM.W Copper, Total, ICPMS-CM Analysis 10 $42.75
E.COLI E. Coli 10 $69.35
HG1631.W Mercury, Trace Level, Total 10 $114.00
ICPMS.PREP Digestion for ICP-MS 10 $33.25
MPN.T15.W Total Coliform - 15 Tube MPN 10 $83.60
NH3.W Ammonia as Nitrogen (NH3-N) 10 $52.25
OG.HC.W Oil & Grease, Hydrocarbons 10 $131.10
OG.W Oil & Grease, Total 10 $120.65
TSS Solids, Total Suspended (TSS) 10 $46.55
Total $2,211.60
1885 North Kelly Road • Napa, California 94558
(707) 258-4000 • Fax (707) 226-1001 • e-mail: [email protected] 06/14/2023 11:12 Page 1 of 2
Prices reflect a 5% discount.

Accepted By:

Signed:

Name: Nick Hickman
Title:

Date:

Profile: 400472
NELAP/ORELAP Certification 4036 CA-ELAP Certification 1664 Quotation
1885 North Kelly Road • Napa, California 94558
(707) 258-4000 • Fax (707) 226-1001 • e-mail: [email protected] 06/14/2023 11:12 Page 2 of 2
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8D
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Appoint Vice Mayor Knight as the Voting Delegate and Town Manager Brad Raulston as Voting Delegate Alternate for the League of California Cities Annual Conference Business Meeting being held in Sacramento from Wednesday, September 20 through Friday, September 22, 2023.

DISCUSSION/BACKGROUND
The League of California Cities is asking all Councils attending the Annual Conference to designate a voting delegate and a voting delegate alternate for the League of California Cities (Cal Cities) Annual Conference Business Meeting in Sacramento. This year’s annual conference is being held from Wednesday, September 20 through Friday, September 22, 2023.

Vice Mayor Knight, Council Member McKee-Cant, Council Member Reeves, and Town Manager Raulston are scheduled to attend the League’s Annual Conference on behalf of the Town of Yountville. For that reason, the staff is recommending the Council appoint Vice Mayor Knight as the Voting Delegate and Town Manager Raulston as the Voting Delegate Alternate.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Conferences and Travel.

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. The Town Council attends regional and state conferences to learn about ongoing changes at the State level potentially affecting the Town and to acquire best management practices used by other California cities and towns

RECOMMENDATION
Appoint Vice Mayor Knight as the Voting Delegate and Town Manager Raulston as Voting Delegate Alternate for the League of California Cities Annual Conference Business Meeting being held in Sacramento from Wednesday, September 20 through Friday, September 22, 2023.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8E
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: Hilary Gaede, Deputy Town Clerk
PREPARED BY: Hilary Gaede, Deputy Town Clerk
SUBJECT:

Appoint three (3) individuals to the Yountville Arts Commission with a term of office to commence July 21, 2023 and expire on July 20, 2025.

DISCUSSION/BACKGROUND
At the December 4, 2013 Town Council meeting, Council adopted Resolution Number 3081-12 initially establishing the Yountville Arts Commission and adopting by-laws for the Commission.

At the April 3, 2018 Town Council meeting, Council adopted Resolution Number 18-3476 approving the ratification of the Yountville Arts Commission Bylaws to increase the size of the Commission from five (5) to seven (7) members.

The seven (7) member Commission shall consist of four (4) members who must be residents and up to three (3) members who are involved with a business or non-profit organization that is involved with arts and cultural activities in Yountville.

The mission of the Yountville Arts Commission (Commission) is to provide vision, leadership, inspiration and support to artists and their art in Yountville. The Commission will serve in an advisory capacity to the Town Council and staff in matters pertaining to the cultural arts but not limited to the development of visual, performing and literary arts and other matters as may be referred to the Commission by the Town Council or Town Manager.

The Commission has a unique characteristic in which it serves and functions as a formal policy and action taking body as well as a “working committee”. As a working committee, members function and work as an extension of town staff to develop and implement cultural art related events and programming. These additional programs and events help to supplement the quality of life and activities of the Town which would not otherwise be provided due to staffing constraints. The operating structure of this Commission has been established in its by-laws and is designed to incorporate both the formalized nature of a public policy body and the volunteer nature working to implement programming and events.

The Commission with staff support will engage in the active management and work necessary to execute and implement the following: a) The Yountville Public Art Walk Program; b) The Gallery at the Community Center Program and other art show related programs; c) The Yountville Literary Programs; d) The Public Art Fund and general fund budget associated with Cultural Arts; e) Fundraising to support Commission activities through private or public donations, gifts and grants for the cultural arts in conjunction with approved Town policies and procedures; e) Coordinating and hosting receptions and other events in support of Commission programming; f) Marketing and public relations efforts in support of Commission programming and events; and g) Perform such duties in support of cultural arts services as may be assigned by the Town Council.

Recruitment
A Notice of Vacancy was posted on May 19, 2023 in the Town designated posting locations including the Town’s website under the Board and Commission page to fill three (3) positions due to terms expiring in July 2023.

At the close of the application filing period, the Town received three (3) applications for three (3) positions.

Applications were received from incumbent members Cynthia Kapjian and Judy Meredith. A new application was received from Marita Dorenbecher. Applicant Judy Meredith was unable to attend the interview due to scheduling conflict; however, the Town Clerk provided the interview questions by email for her completion and subsequent review by Town Council.

Town Council conducted applicant interviews during a Special Meeting held June 30, 2023 in the Town Hall Council Chambers. Following the interviews, Council discussed the applicants and determined all three (3) interviews were positive and should be recommended for appointment for the three (3) vacancies. Town Council elected to not use the ranking sheet to tally votes given the equal number of applicants to vacancies.

Staff is requesting Council reappointment of incumbent members Cynthia Kapjian and Judy Meredith and to appoint new applicant Marita Dorenbecher to the Commission with their terms of office to commence July 21, 2023 and expire July 20, 2025.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
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.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Yountville Arts Commission is a volunteer commission helping to support the Yountville Art Walk, Steve Rogers Gallery at the Community Center and other community-based cultural arts programming.

RECOMMENDATION
Consider appointment of Cynthia Kapjian, Judy Meredith, and Marita Dorenbecher as representatives to serve on the Yountville Arts Commission with the term of office to expire July 20, 2025.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8F
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: Hilary Gaede, Deputy Town Clerk
PREPARED BY: Hilary Gaede, Deputy Town Clerk
SUBJECT:

Appoint one (1) individual to the Yountville Community Foundation with a term of office to commence August 2, 2023 and expire on August 1, 2025.

DISCUSSION/BACKGROUND
At the Town Council Meeting held January 19, 2016, Council adopted Resolution Number 16-3319 establishing the Town of Yountville Community Foundation (TOYCF).

The purpose of the TOYCF is to promote and raise funds to support community-based programming to benefit and serve the residents of the Town including, but not limited to:
 Youth recreation and education programs
 Community based wellness and enrichment programs
 Senior recreation, leisure, education programs and support services  Parks and facilities improvements
 Cultural arts programs such as the Public Art Walk, the Gallery at the Community Hall, literary programs, visual and performing arts programs
 Initiatives for events and programs staffed by community volunteers  Potential for other community organizations to partner with the foundation subject to development of a partnership agreement and approval by the Foundation Board of Directors of the partnership agreement as outlined herein.

The TOYCF is intended to operate as an administrative organization providing the financial and administrative support for various areas of specified interest, such as the Yountville Arts Fund and the Youth Subsidy Fund.

The TOYCF will serve to facilitate local fund-raising and provide a structure for collection and distribution of funds consistent with the provisions of its Bylaws.

TOYCF Composition/Membership
The Board of Directors shall consist of no less than five (5) and no more than nine (9) members, to be known individually as Directors and collectively as the Board of Directors (hereinafter “the Board”) serving staggered 2- year terms of office. A list of member types is shown below:
 One (1) Director, providing there is a willing applicant, should be a member of the Town of Yountville Parks and Recreation Commission.
 One (1) Director, providing there is a willing applicant, should be a member of the Yountville Arts Commission.  One (1) Director, providing there is a willing applicant, should be a member of the Yountville Chamber of Commerce.
 One (1) Director, providing there is a willing applicant, should be a member of each community partner organization that may enter into a partnership agreement with the TOYCF. Nothing shall prohibit additional representatives from such programs also being Directors.  The balance of the remaining Directors shall be residents of the Town of Yountville.

Advisory Board Members: The Town of Yountville Town Manager and the Parks and Recreation Director or his/her designee shall serve as an ex officio member of the Board and shall be invited to all board meetings as a non-voting advisor to the TOYCF.

In addition, and at its discretion, the Board may invite community members and business owners to participate as non-voting advisors to the TOYCF.

Meetings
The next meeting is scheduled for Friday, July 28, 2023 at 3 PM and is being held at the Community Center Founders Room located at 6516 Washington Street, Yountville, CA.

Recruitment
Town staff posted a Notice of Vacancy on May 19, 2023 in the Town’s posting locations as well as the Town website for two (2) expiring community volunteer positions and one (1) vacant “Non-profit Organization Representative” category. At the close of the application filing period, one application was received from incumbent Sandra Fagan.

The Town Council interviewed the above applicant on June 30, 2023 and staff is requesting the Council reappoint incumbent member Sandra Fagan with terms of office to commence August 2, 2023 and expiring August 1, 2025. Town Council elected to not use the ranking sheet to tally votes given the number of applicants for vacancies.

Staff is requesting Council reappointment of incumbent member Sandra Fagan to the Community Foundation with a term of office to commence August 1, 2023 and expire August 2, 2025.

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? No

Briefly Explain Relationship to Strategic Plan Goal and Objective. The Town Council recognizes the importance of involving community members in the governance of the Town by interviewing and appointing volunteers to the Town's Boards and Commissions.

RECOMMENDATION
Reappoint incumbent member Sandra Fagan to serve on the Town of Yountville Community Foundation with the term of office to expire August 2, 2025.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8G
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390

DISCUSSION/BACKGROUND
Pursuant to Town of Yountville Municipal Code 3.32.390, Town Staff shall continue to make reports to Town Council at each regularly scheduled Town Council meeting until the emergency action is terminated by the Town Council. Town Council heard an Administrative Report at the February 21 2023 Council meeting and determined the need to declare the emergency.

As a reminder, the Town owns and operates a Recycled Water Transmission Main that delivers treated wastewater to the golf course and various vineyard pond customers located on both the east and west sides of the Napa River. That transmission main is a 6-inch PVC pipe that traverses the floor of the Napa Valley from the treatment plant on the west side of the valley to various recycled water customers located on the east side of the valley. It was installed in 1977 and has been in continuous use since its inception. In one location the pipe crosses underneath the Napa River in a direct bury format, it is not installed within a casing pipe or encased in any protective concrete. It is at this location, underneath the Napa River, that a leak has been discovered.

Update:

1. The temporary river crossing has been installed and water deliveries have resumed to our customers on the east side of the Napa River.

2. Staff is acquiring the necessary rights of entry for the exploratory geotechnical work.

3. Town staff and environmental consulting firm are reviewing technical memo from Civil Engineer & Geotechnical Engineer who have researched and are evaluating multiple design solutions.

4. Staff continues to coordinate with FEMA, CalOES and the Town’s insurance to acquire funding for both the temporary and permanent repairs.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? No
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Responsible Fiscal Policy: The Town maintains its fiscal health through. policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

Briefly Explain Relationship to Strategic Plan Goal and Objective. The Town’s Recycled Water Program is critical infrastructure for the benefit of the community. The Recycled Water Transmission Main is necessary for the delivery of recycled water to our contract customers. A quick response facilitated by declaring an emergency is responsible fiscally because it reduces the time and cost associated with performing the repair which will reduce the Town’s exposure to any fines for regulatory non-compliance.

RECOMMENDATION
Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Celia King, Finance Director
SUBJECT:

Consider Adoption of Resolution Number 23-4218 Approving revised Developer Impact Fees and Capacity Charges and conduct a public hearing, and adoption of the 2023 Nexus Study in support.

DISCUSSION/BACKGROUND
To implement the goals and objectives of the General Plan of the Town of Yountville and to mitigate the impacts caused by new development within the Town, the Town Council approved the addition of Municipal Code Chapter 3.40 in June 2005 which adopted Development Impact Fees.

Development Impact Fees are intended to recover the proportional allocated cost of new capital infrastructure and facilities from new development and redevelopment such as conversions and expansions. Development Impact Fees apply to both residential and non-residential development projects and must comply with the Mitigation Fee Act (California Government Code Sections 66000et seq., also known as Assembly Bill 1600).

The Mitigation Fee Act requires agencies that impose fees on development projects to provide a nexus study identifying the existing level of service for the public facilities funded by current impact fees, as well as an explanation and justification of any newly proposed fees.

In 2022, the Town contracted with Bartle Wells Associates (BWA) to perform the required nexus study. BWA has been collaborating with Town staff from the Finance, Planning, and Public Works departments to produce the 2023 Development Impact Fee & Capacity Fee Study. A draft of this nexus study was presented to the Town Council on May 16, 2023, to provide an overview of the purpose of the study, an explanation of the general methodology of the analysis encompassed within the report, and an opportunity for discussion of the recommended revisions to the current Development Impact Fees and Capacity Charges.

Town staff and BWA consultants received feedback and input from the Town Council that has been included in the finalized version of the 2023 Development Impact Fee and Capacity Fee Study. The completed study accompanies this staff report as an attachment and includes a list of specific water and sewer infrastructure that is referred to in the study (see Appendix A). The Executive Summary from the study is included at the end of this staff report.

It is important to note that Town Council was unanimously supportive of including Affordable Housing Fair-Share Fees and Undergrounding of Utilities Fees in the study, however, these fees will not be imposed on development projects until/unless the required nexus to an applicable Town project has been established.

At the May 16, 2023 meeting Town Council also expressed interest in possibly reducing or waiving fees related to Affordable Housing Fair-Share Fees to promote the building of Additional Dwelling Units (ADU’s) that would increase affordable housing options within town. The subsequent guidance from Town Attorney Gary Bell was that a program could potentially be created, however, the specific parameters of the program would first need to be established, and a funding source supporting the fee reductions or waivers would need to be identified so that the Impact Fee Funds would be made whole. Staff recommends that the specifics of this program be drafted by the Affordable Housing Standing Committee and brought to the Town Council at a future meeting for discussion.

On June 16, 2023, staff posted the required 30-day Notice of Public Hearing to inform interested parties of the public hearing being held at today’s Town Council meeting.

During this meeting, BWA will present the finalized version of the 2023 Development Impact Fee & Capacity Fee Study and address any remaining Town Council questions. The Town Council will then open the public hearing and invite public comment. After closing the public hearing, Town Council will consider adoption of the revised Development Impact Fees and Capacity Charges and the 2023 Nexus Study in support.

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Town Council review and adoption of recommended revisions to Development Impact Fees and Capacity Charges along with the mandatory nexus study in support ensures that the Town complies with state law.

RECOMMENDATION
Receive staff report and direct questions to staff and consultant.

Conduct public hearing and receive testimony.

Conduct Council discussion.

Adopt Resolution Number 23-4218 Approving revised Developer Impact Fees and Capacity Charges and adoption of the 2023 Nexus Study in support.

Town of Yountville
Resolution Number 23-4218

APPROVING REVISED DEVELOPER IMPACT FEES AND CAPACITY CHARGES AND ADOPTION OF THE 2023 NEXUS STUDY IN SUPPORT.

Recitals
A. The Town Council approved Yountville Municipal Code Chapter 3.40 in June 2005 which adopted Development Impact Fees; and
B. Development Impact Fees must comply with the Mitigation Fee Act (California Government Code Sections 66000 et. seq, also known as Assembly Bill 1600). The Mitigation Fee Act requires agencies that impose fees on development projects to provide a nexus study identifying the existing level of service for the public facilities funded by current impact fees, as well as an explanation and justification of any newly proposed fees; and
C. The Town contracted with Bartle Wells Associates to develop the required 2023 Development Impact Fee & Capacity Fee Study; and
D. Town staff and consultants from Bartle Wells Associates presented the finalized version of the 2023 Development Impact Fee & Capacity Fee Study to the Town Council, and a properly noticed public hearing concerning the proposed revisions to the Town of Yountville Development Impact Fees and Capacity Charges and 2023 nexus study in support was held on July 18, 2023, as required by state law.

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

1. Approves the revised Development Impact Fees and Capacity Fees as outlined in the 2023 Development Impact Fees and Capacity Fee Study and hereby accepts, approves, and adopts the nexus study in support.

2. The Council further incorporates the 2023 Development Impact Fees and Capacity Fee Study into this Resolution to provide the information required by Government Code section 66001(a).

3. The Town Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

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 July, 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

TOWN OF YOUNTVILLE

CAPACITY AND DEVELOPMENT

IMPACT FEE STUDY

DRAFT REPORT
July 6, 2023
2625 Alcatraz Ave, #602
Berkeley, CA 94705
Tel 510 653 3399
www.bartlewells.com
July 6, 2023

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Attention: John Ferons, Public Works Director
Re: Capacity and Development Impact Fee Study
Bartle Wells Associates is pleased to submit to the Town of Yountville (Yountville) the attached Capacity and Development Impact Fee Study Draft Report. The study presents BWA’s analysis of the value of various existing and planned facilities within Yountville and the allocation of costs to the facilities’ respective users. The primary purpose of this study was to analyze the Yountville’s Water and Sewer Capacity Fees as well as the Civic, Drainage & Flood Control, Traffic, Parks and Recreation, Public Safety, Community Projects, Affordable Housing Fair-Share, and Undergrounding UtilitiesImpact Fees and make recommendations that would achieve financial sustainability.

Another important purpose of this study was to derive fees with a proportional nexus between the cost of service and the fees paid by customers to adhere to the State’s legal requirements.

BWA finds that the fees proposed in our report reflect the cost-of-service for each customer, follow generally accepted fee design criteria, and adhere to the requirements of the Mitigation Fee Act. BWA believes the proposed fees are fair and reasonable to the Yountville’s customers.

We have enjoyed working with Yountville on this fee study and appreciate the assistance of Yountville staff members throughout the project. Please contact us with any future questions about this study and the fee recommendations.

Please contact us with any future questions about this study and the recommended fees.

Sincerely,
Douglas Dove, PE, CIPMA Michael DeGroot
Principal/President Vice President
Contents
1 Executive Summary .......................................................................................5

1.1 Introduction ............................................................................................................................... 5

1.2 Existing Fees ............................................................................................................................... 5

1.3 Fee Recommendations................................................................................................................. 5

1.4 Legal Requirements...................................................................................................................... 6 2 Capacity Fees.................................................................................................6

2.1 Legal Requirements...................................................................................................................... 6

2.1.1 California Government Code § 66013.......................................................................................... 6

2.1.2 Substantive Requirements........................................................................................................... 7

2.1.3 Procedural Requirements ............................................................................................................ 7

2.2 Buy-In Methodology for Capacity Fees........................................................................................ 7

2.2.1 Replacement Value Less Depreciation of Existing Facilities ........................................................ 7

2.2.2 Number of Units Served by the Existing Facilities........................................................................ 8

2.3 Water Capacity Fee ...................................................................................................................... 8

2.4 Sewer Capacity Fee .................................................................................................................... 11 3 Development Impact Fees ...........................................................................14

3.1 Mitigation Fee Act...................................................................................................................... 14

3.1.1 Substantive Requirements......................................................................................................... 14

3.1.2 Procedural Requirements for Development Impact Fees.......................................................... 14

3.1.3 Application to Yountville............................................................................................................ 15

3.2 Methodology of Calculating DIFs............................................................................................... 15

3.3 Planned Facilities........................................................................................................................ 15

3.4 Equivalent Dwelling Units .......................................................................................................... 15

3.5 Civic Facilities Impact Fees......................................................................................................... 15

3.6 Drainage and Flood Control Impact Fees................................................................................... 17

3.7 Parks and Recreation Impact Fees............................................................................................. 19

3.8 Traffic Facilities Impact Fees...................................................................................................... 20

3.9 Undergrounding of Utilities Impact Fees................................................................................... 23

3.10 Community Projects Impact Fees .............................................................................................. 24

3.11 Affordable Housing Impact Fees................................................................................................ 25

LIST OF TABLES
Table 1 – Proposed Capacity and Development Impact Fees ................................................................................. 6 Table 2 – Water Capacity Fees; Current and Proposed ........................................................................................... 9 Table 3 – Water Capacity Fees; Proposed Fee Calculation.................................................................................... 10 Table 4 – Sewer Capacity Fees; Current and Proposed ......................................................................................... 12 Table 5 – Sewer Capacity Fees; Proposed Fee Calculation.................................................................................... 13 Table 6 – Civic Facilities Impact Fees; Current....................................................................................................... 16 Table 7 – Civic Facilities Impact Fees; Proposed Fee Calculation.......................................................................... 17 Table 8 – Drainage and Flood Control Fees; Current............................................................................................. 18 Table 9 – Drainage and Flood Control Fees; Proposed Fee Calculation................................................................ 19 Table 10 – Parks and Recreation Impact Fees; Current......................................................................................... 19 Table 11 – Parks and Recreation Impact Fees; Proposed Fee Calculation............................................................ 20 Table 12 – Traffic Facilities Impact Fees; Current.................................................................................................. 21 Table 13 – Traffic Facilities Impact Fees; Proposed Fee Calculation..................................................................... 22 Table 14 – Undergrounding of Utilities Facilities Impact Fees; Current ............................................................... 23 Table 15 – Undergrounding of Utilities Facilities Impact Fees; Proposed Fee Calculation .................................. 24 Table 16 – Community Projects Impact Fees; Proposed Fee Calculation ............................................................. 24 Table 17 – Affordable Housing Impact Fees; Current............................................................................................ 25 Table 18 – Affordable Housing Impact Fees; Needs.............................................................................................. 26 Table 19 – Affordable Housing Impact Fees; Proposed Fee Calculation............................................................... 27 Appendix A – Water and Wastewater Fixed Asset Valuation Appendix B – 10 Unit Multi Family Replacement Cost
5 1 EXECUTIVE SUMMARY

1.1 Introduction
This report recommends new capacity and development impact fees for the Town of Yountville. The capacity fees are intended to recover the allocated cost of existing capital facilities from new development based on a system “buy-in” methodology. The development impact fees are designed based on a different methodology. The development impact fee calculations use an allocation of the costs of planned Yountville capital projects between existing and new development.

This report updates existing fees and recommends new fees to fully recover the proportionate cost of providing capital facilities to new development. Existing fees updated in this report include capacity fees for Yountville’s water and sewer systems, and impact fees including the Civic Facilities fee, Drainage and Flood Control Projects fee, Traffic Facilities fee, Parks and Recreation fee, Public Safety fee, Undergrounding of Utilities Facilities fee, and the Affordable Housing fee. This study proposes updates to those fees and the implementation of an additional new fee: the Community Projects fee.

The report documents a reasonable relationship between new development and impact fees for funding new development’s fair share of planned public facilities. The fee schedule developed will apply to both residential and non-residential development in Yountville.

1.2 Existing Fees
Yountville currently charges capacity fees for connection to Yountville’s water and sewer systems, and development impact fees to recover new development’s share of costs relating to affordable housing, parks, traffic mitigation, and utility undergrounding. Yountville also collects impact fees in limited areas to fund allocated costs of specific drainage and private road projects. Existing fees are calculated based on square footage of development, number of living units, linear front footage, or single family equivalent dwelling unit (EDU).

1.3 Fee Recommendations
Table 1 summarizes the recommended capacity fees and development impact fees. 6 Table 1 – Proposed Capacity and Development Impact Fees

1.4 Legal Requirements
Under California law, capacity fees and development impact fees are governed by similar, but slightly different rules. Capacity fees are governed largely by California Government Code (CGC) § 66013. Since the enactment of the Mitigation Fee Act, development impact fees are governed largely by CGC § 66017. This report discusses each body of regulations before describing the calculations of the respective fees themselves. 2 CAPACITY FEES

2.1 Legal Requirements

2.1.1 California Government Code (CGC)
Rules regarding the development and adoption of capacity fees are found primarily in CGC § 66013. Capacity fees are one-time charges intended to recover a new connection’s fair share of the cost of public facilities in a water or sewer system. With one exception, the capacity fee is charged exclusively upon connection to the system. The exception is when a customer upsizes their account. In this case, they are charged the new meter size’s capacity fee and credited the amount applicable to their original meter size.

Fee Category
Water Capacity Fee $2.23 $4,662 $5,216
Sewer Capacity Fee 5.16 10,795 9,531
Civic Facilities Impact Fee 0.37 783 4,754
Drainage & Flood Control Impact Fee 0.13 263 785
Traffic Impact Fee 1.45 3,027 7,449
Parks and Recreation Impact Fee 0.35 726 1,818
Public Safety Impact Fee 0.00 0 749
Undergrounding of Utilities Fee 0.07 143 2,061
Community Projects Impact Fee 0.74 1,538 0
Affordable Housing Fair-Share Fee23 11.60 24,252 0
Total $22.10 $46,189 $32,363
1 - Examples shown based on 2,090 square feet of floor area & 3/4" water meter 2 - Existing affordable housing fee not imposed on residential development.
3 - Proposed fee not imposed until low income housing projects can be identified.

Current
Fees
Proposed Fee per
Single Family Home1
Proposed Fee per
Sq Ft of Floor Area
7 2.1.2 Substantive Requirements
The California Government Code includes some rules that the development and calculation of water and sewer capacity fees must follow. CGC § 66013 requires that a capacity fee not recover more funds from a given customer than the estimated reasonable cost of providing service to that customer for the service that that fee funds, whether water or sewer. CGC § 66016 reiterates, in different terms, that the new fee may not recover revenues that exceed the amount required to provide the service for which the fee or service charge is levied.

A capacity fee is generally designed to recover the investment made by a public agency in its facilities. And the fee is designed to recover a fair share of costs from each new connection. This fair share is equivalent to the benefit they will receive from the facilities. A customer’s benefit, in turn, is estimated by dividing the value of a utility’s water or sewer system by the total number of expected future customers to ensure that new customers connect to the system as equal members alongside existing customers. This approach to capacity fees has been accepted as an industry standard that aligns with the substantive requirements of the CGC.

2.1.3 Procedural Requirements
The CGC also provides several procedural steps that any agency wishing to adopt capacity fees must follow. CGC § 66016 requires that prior to levying fee, an agency must have one open and public meeting. The agency must send out notice of a meeting 14 days prior to the electors in the mail and the adoption of the fee must be done by ordinance or resolution.

Once the fee has been adopted, the agency must wait 60 days before charging new connections the updated fee amount. However, if 4/5 of the Town Council allows it, § 66017 allows an agency to implement the new fee only 30 days after adoption.

While administrating the fee revenues, CGC § 66013 requires that the capacity fee revenues not be commingled with other funds. This means that the agency must track any transfers to or from the capacity fee fund and must track how that money is spent on all projects.

2.2 Buy-In Methodology for Capacity Fees
A capacity fee created using a buy-in approach is appropriate for use where facilities will have capacity to serve future growth. This is the case in the Town of Yountville. The buy-in approach determines the capacity fee by calculating the replacement value (less depreciation) of existing facilities and then dividing this amount by the total number of units that the facilities are expected to serve. This method thus establishes a reasonable relationship between the amount of the fee and the average cost of the facilities attributable to development.

2.2.1 Replacement Value Less Depreciation of Existing Facilities The Engineering News-Record Construction Cost Index 20-City Average (ENR-CCI) is used to adjust historical acquisition costs to present value; this amount is known as “replacement cost new” (RCN). RCN less depreciation, or RCNLD, is calculated by subtracting accumulated depreciation from the value of each asset. The RCNLD gives the present value of existing assets. The RNCLD of water and sewer enterprise assets, or facilities, is calculated and presented in Appendix A.
8 2.2.2 Number of Units Served by the Existing Facilities To ensure that each new unit pays for an appropriate share of the costs of the services it receives, the buy-in methodology includes a reasonable projection of the total number of units by the end of the projection based on reasonable growth estimates. The growth rate published by the Association of Bay Area Governments 2018 forecast report is utilized in this study. The total RCNLD of the relevant facilities is divided evenly between the total number of units at the end of the projection. This ensures that new units do not pay more for facilities than the average benefit that the facilities provide to each unit.

2.3 Water Capacity Fee
The water capacity fee is designed to recover capital costs related to the treatment and supply of potable water expended by existing Yountville customers to provide excess capacity for the use of future development. Included in current assets are the water enterprise buildings and improvements as well as existing cash reserves.

BWA calculated the cost for an accessory dwelling unit (“ADU”) based on the median single family home size in Napa County of 2,090 square feet. BWA proposed two options for charging ADU’s:

Water Capacity Fee for ADU Option 1: Charge the proposed Water Capacity Fee based on the square footage of the proposed ADU.

Water Capacity Fee for ADU Option 2: Charge the proposed Water Capacity Fee only in the case that an existing meter is upsized to accommodate an ADU. An account paying a Capacity Fee under Option 2 would be credited for the value of the Capacity Fee associated with their pre-existing meter size.

Table 2 presents the Water Capacity fee, including both the current and proposed fees. 9 Table 2 – Water Capacity Fees; Current and Proposed
10 Table 3 presents the calculations behind the Water Capacity fees for various meter sizes.

Table 3 – Water Capacity Fees; Proposed Fee Calculation Water Asset Category* Purchase Price Current Dollars** Current Dollars Less Depreciation Water Fund Buildings $80,003 $166,174 $44,313
Water Fund Improvements 7,464,292 23,823,618 6,940,608
$7,544,295 $23,989,792 $6,984,921
Financial Adjustments
Add: Estimated Cash Reserves - GL - Balance Sheet (5/13/2022) $1,799,024 Total Asset Value For Capacity Fee $8,783,945
*Excludes machinery and equipment
**Estimated based on the Engineering-News Record 20 City Average Index (ENR-CCI) Total AWWA Meter Equivalents Including Private Fire (2022) 1,508 Project AWWA Meter Equivalents Including Private Fire (2040)* 1,884 *Estimated annual growth rate of 1.25% per ABAG Projections 2018 $ Per 3/4" Meter Equivalent $4,662
Water Capacity Fee AWWA 3/4" Meter Ratio Proposed Fees
Meter Size
3/4" 1.00 $4,662
1" 1.70 $7,925
1-1/2" 3.30 $15,383
2" 5.30 $24,706
3" 10.00 $46,616
4" 16.70 $77,848
6" 33.30 $155,231
8" 53.30 $248,463
Fire Line Capacity Fee
Size
2" 1.06 $4,942
3" 2.00 $9,324
4" 3.34 $15,572
6" 6.66 $31,050
8" 10.66 $49,699
$/Square Foot of Floor Area* 2,090 $2.23
*Median Single Family home size in Napa County 2,090 sq ft as of January 2023 11 2.4 Sewer Capacity Fee
Table 4 shows the calculation of the Sewer Capacity fee. The Sewer Capacity fee recovers capital costs related to the collection and treatment of Yountville’s wastewater. Current assets include Yountville’s wastewater collection system and treatment plant as well as land. The current (or replacement) value of existing facilities is estimated based on escalating the historical purchase price of the Yountville assets by the Engineering News-Record Construction Cost Index (20-City average).
50% of the treatment plant improvements were funded by the Veterans Home of California, Yountville. As a result, only 50% of the treatment plant improvement costs are to be recovered by the sewer capacity fee. The RCNLD to be recovered by the Sewer Capacity fees is calculated and presented in Appendix A. The value of outstanding debt principal costs for wastewater projects are subtracted from the total sewer system RCNLD to be recovered by the fee. Such debt includes debt on a current lease as well as on a State Water Resources Control Board Clean Water State Revolving Fund (SWRCB CWSRF) loan.

BWA calculated the cost for an accessory dwelling unit (“ADU”) based on the median single family home size in Napa County of 2,090 square feet. BWA proposed two options for charging ADU’s:

Sewer Capacity Fee for ADU Option 1: Charge the proposed Sewer Capacity Fee based on the square footage of the proposed ADU.

Sewer Capacity Fee for ADU Option 2: Charge the proposed Sewer Capacity Fee only in the case that an existing meter is upsized to accommodate an ADU. An account paying a Capacity Fee under Option 2 would be credited for the value of the Capacity Fee associated with their pre-existing meter size.

Table 4 presents the Sewer Capacity fee, including both the current and proposed fees. 12 Table 4 – Sewer Capacity Fees; Current and Proposed
Table 5 presents the calculations of the Sewer Capacity fees for various meter sizes. 13 Table 5 – Sewer Capacity Fees; Proposed Fee Calculation Sewer Asset Category* Purchase Price Current Dollars
Current Dollars
Less Depreciation
WW Collection Improvements 6,309,257 10,438,497 $6,251,523 WW Treatment Improvements (50%) 10,745,988 30,179,997 9,011,441 WW Treatment Land 5,091 45,468 18,362
$17,060,336 $40,663,962 $15,281,326
*Excludes machinery and equipment
Financial Adjustments
Add: Estimated Cash Reserves - GL - Balance Sheet (5/13/2022)* $2,620,591 Less: 2020 Lease Outstanding Principal for WW (450,575) Less: SWRCB Outstanding Principal (597,596)
Total Additions / Subtractions $1,572,420
*Includes 50% of Joint Treatment Capital Fund
Total $16,853,746
Total AWWA Meter Equivalents (2022) 1,250
Project AWWA Meter Equivalents (2040)* 1,561 $10,795
*Estimated annual growth rate of 1.25% per ABAG Projections 2018 Sewer Capacity Fee 3/4" AWWA Meter Ratio
All Users*
3/4" 1.00 $10,795
1" 1.70 $18,351
1-1/2" 3.30 $35,622
2" 5.30 $57,211
3" 10.00 $107,945
4" 16.70 $180,269
6" 33.30 $359,458
8" 53.30 $575,348
Strength Categories Strength Factor
Low Strength Church, Schools, Group Homes,
Town Use, Office, Barber Shop

0.7 Medium Strength Hotels/Inns, Multi-Commercial 1.0
High Strength Restaurants, Tasting Rooms 2.6
$/Square Foot of Floor Area** 2,090 $5.16
*Commercial customers fee multiplied by strength factor **Median Single Family home size in Napa County 2,090 sq ft as of January 2023 14 3 DEVELOPMENT IMPACT FEES

3.1 Mitigation Fee Act
The Mitigation Fee Act in California Government Code Section 66000 et seq., establishes requirements for setting and administering impact fees. Amendments have been added over the years since the Mitigation Fee Act was originally enacted. It currently imposes both substantive and procedural requirements for any public agency hoping to enact an impact fee.

3.1.1 Substantive Requirements
The act requires local governments to make the following findings when adopting an impact fee:
• Identify the purpose of the fee;
• Identify the use of fee revenues;
• Determine a reasonable relationship between the fee's use and the type of development paying the fee; • Determine a reasonable relationship between the amount of the fee and the cost of the facility attributable to the development paying the fee.

In general, the fee may not exceed the cost of the facilities needed to accommodate the development paying the fee, and fee revenues can only be used to fund construction of the identified improvements.

3.1.2 Procedural Requirements for Development Impact Fees 1) Nexus Studies:
a) Effective 1/1/2022, an impact nexus study must be prepared and adopted to establish the legal and policy basis for adopting a new or increased development impact fee. b) Nexus studies must now identify the existing level of service for the public facilities funded by the impact fee.
c) Nexus studies and impact fee programs must be updated at least every 8 years. d) If a new level of service is proposed, it must be identified along with an explanation and supporting information of why the new level of service is necessary. i) The assumptions of the nexus study underlying the ORIGINAL impact fee should be reviewed; and e) Facilities funded by an impact fee must be identified in the nexus study. i) This can be done by identifying a broad class of projects or refer to a CIP or other public plan documents.
ii) Any “large” city or county (i.e., has population over 250,000) must adopt a CIP in conjunction with the nexus study
f) The amount of the impact fees collected under the original impact fee should be evaluated. 2) Proportionality:
a) Residential fees adopted after 7/1/2022 must:
i) Be imposed based on square footage of the proposed units; or ii) The nexus study must make specific findings for a different method of apportionment that satisfy the proportionality requirement.
3) Fee Adoption Process:
15 a) Nexus studies and associated impact fee programs must be adopted at a public hearing with at least 30 days’ notice to the public (this is more than the previous rule requiring 10 days). b) Members of the public may submit evidence that the nexus study is insufficient, or that the special district failed to comply with the required procedural requirements for adopting impact fees. c) The adopting agency must consider all such evidence timely provided.

3.1.3 Application to Yountville
1) Yountville should develop a CIP for each enterprise they want to raise impact fee revenues for. 2) Include the CIPs in the nexus study.
3) Ensure that impact fee revenues are not commingled and ensure that these funds are expended on the outlined CIP projects within 5 years of collection.
4) Follow the fee adoption procedural requirements above.

3.2 Methodology of Calculating DIFs
In compliance with the requirements of the Mitigation Fee Act and with industry standards, this study allocates the cost of Yountville’s planned public projects across the total number of units expected by the end of the projection.

3.3 Planned Facilities
Yountville’s planned public facilities provide the basis for updating Yountville’s development impact fees.

Development impact fees may not include the value of existing facilities in the calculation of fees. Instead, the cost of upcoming capital projects that serve various public functions is allocated to new users who will benefit from those projects. The Affordable Housing fee, however, uses a different methodology altogether. See Section

3.11 for an explanation of the Affordable Housing fee methodology and calculation.

3.4 Equivalent Dwelling Units
The total number Equivalent Dwelling Units (EDUs) expected by the end of the projection is used as the basis for each development impact fee. The number of EDUs in the following fee calculations is determined by assuming 2,090 square feet per EDU. The calculations also assume that there are 1,250 current EDUs and there will be 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61% total, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s facilities. As a result, the projected value of the facilities is allocated evenly across each EDU for each development impact fee calculation.

3.5 Civic Facilities Impact Fees
The civic facilities evaluation includes several planned facility improvements and replacements of existing facilities. The proposed fee calculation does not include the value of existing civic facilities.

Table 6 presents the current civic facilities impact fee. 16 Table 6 – Civic Facilities Impact Fees; Current
The Civic Facilities Impact Fee is calculated based on square footage assuming 2,090 square feet per EDU. The calculation also assumes 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61%, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s civic facilities. As a result, the projected value of the civic facilities is allocated evenly across each EDU. Yountville projects $1,095,000 in projected capital projects, $116,163 of which is allocated to future users. The value of the system is allocated to the 148 new EDUs. The resulting fee is $783 per EDU.

Table 7 presents the calculations behind the Civic Facilities impact fee. 17 Table 7 – Civic Facilities Impact Fees; Proposed Fee Calculation

3.6 Drainage and Flood Control Impact Fees
The Drainage and Flood Control impact fee is designed to recover costs of flood control projects which have a general benefit to Yountville’s residents and businesses. Future planned projects provide a general benefit to Yountville by preventing the flooding of critical transportation routes into and out of Yountville and protecting Yountville assets from flood damage.

Table 8 presents the current Drainage and Flood Control impact fee.

Project Name 2023/24 2024/25 2025/26 2026/27 2027/28 Total Shade Structure for CC/CH $150,000 $0 $0 $0 $0 $150,000 Enclose BBQ Area for Storage $45,000 $0 $0 $0 $0 $45,000 Exterior Painting of Town Hall $55,000 $0 $0 $0 $0 $55,000 Communit Center / Hall HVAC Analysis $100,000 $0 $0 $0 $0 $100,000 Replace CC/CH & Post Office Gutters $50,000 $0 $0 $0 $0 $50,000 Roof Repair Community Park $55,000 $0 $0 $0 $0 $55,000
Sheriff Office Interior Maintenance &
Repairs
$50,000 $0 $0 $0 $0 $50,000
Replace Underlayment for Tile Roof at Town
Hall
$0 $110,000 $0 $0 $0 $110,000
Community Center / Hall Solar Panel
Maintenance
$0 $0 $170,000 $0 $0 $170,000
Community Center and Town Hall Asphalt
Repairs
$0 $0 $50,000 $150,000 $0 $200,000
Post Office and Sheriff's Vinyl Tile Replaceme$0 $0 $0 $0 $35,000 $35,000 Town Hall Landscaping and Access $75,000 $0 $0 $0 $0 $75,000 Total $580,000 $110,000 $220,000 $150,000 $35,000 $1,095,000 % Allocation To Growth (10.61%)* $116,163
Current EDUs 1,250
Estimated New EDUs 148
Estimated New Square Footage of Floor Area 309,912
$/Sq Ft. of Floor Area $0.37
Estimated $/Per SFR (2,090 sq ft) $783
*Based on 2.27% annual growth over next 5 years - ABAG Projections 2018 18 Table 8 – Drainage and Flood Control Fees; Current
The value of drainage and flood control facilities includes weirs and the town-wide drainage and erosion control program. The Drainage and Flood Control fee is calculated based on square footage assuming 2,090 square feet per EDU. The calculation also assumes 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61%, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s drainage and flood control facilities. As a result, the projected value of the facilities is allocated evenly across each EDU. Yountville projects $368,175 in projected capital projects, $39,058 of which is allocated to future users. The value of the system is allocated to the 148 new EDUs. The resulting fee is $263 per EDU.

Table 9 presents the calculations behind the Drainage and Flood Control Facilities impact fee. 19 Table 9 – Drainage and Flood Control Fees; Proposed Fee Calculation

3.7 Parks and Recreation Impact Fees
Table 10 presents the current Parks and Recreation impact fee.

Table 10 – Parks and Recreation Impact Fees; Current
Project Name 2023/24 2024/25 2025/26 2026/27 2027/28 Total Hydroflush Weirs from Finnell to Beard Ditch $100,000 $0 $100,000 $0 $0 $200,000 Repair fence at Pump Station $55,000 $0 $0 $0 $0 $55,000 Town Wide Drainage and Erosion Control Program $20,500 $21,500 $23,000 $23,500 $24,675 $113,175 Total $175,500 $21,500 $123,000 $23,500 $24,675 $368,175 % Allocation To Growth (10.61%)* $39,058
Current EDUs 1,250
Estimated New EDU's 148
Estimated New Square Footage of Floor Area 309,912
$/Sq Ft. of Floor Area $0.13
Estimated $/Per SFR (2,090 sq ft) $263
*Based on 2.27% annual growth over next 5 years - ABAG Projections 2018 20 The Parks and Recreation impact fee is calculated based on square footage assuming 2,090 square feet per EDU.

The calculation also assumes 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61%, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s park and recreation facilities.

As a result, the projected value of the facilities is allocated evenly across each EDU. Yountville projects $1,015,000 in projected capital projects, $107,676 of which is allocated to future users. The value of the system is allocated to the 148 new EDUs. The resulting fee is $726 per EDU.

Table 11 presents the calculations behind the Parks and Recreation Facilities impact fee.

Table 11 – Parks and Recreation Impact Fees; Proposed Fee Calculation

3.8 Traffic Facilities Impact Fees
The traffic facilities impact fee is designed to recover the portion of traffic and transportation related costs allocable to new development, and includes parking lot beautification, annual street maintenance and paving, curb, gutter, and sidewalk replacement, and a traffic calming program.

Table 12 presents the current Traffic Facilities impact fee.

Project Name 2023/24 2024/25 2025/26 2026/27 2027/28 Total Replace 2003 Chevrolet 2500HD $60,000 $0 $0 $0 $0 $60,000 Replace 2013 Chevrolet 2500HD $60,000 $0 $0 $0 $0 $60,000 Replace Play Surface at Yountville Community Park $120,000 $0 $0 $0 $0 $120,000 Pump House Rebuild Van De
Leur
$100,000 $0 $0 $0 $0 $100,000
Vineyard Park Enhancement Project $450,000 $0 $0 $0 $0 $450,000 Shade Structure at North park $150,000 $0 $0 $0 $0 $150,000 Repair Bocce Court $0 $0 $0 $50,000 $0 $50,000
Replace Tot Lot Play Surface $10,000 $0 $0 $0 $0 $10,000 Replace Forrester Park Play
Surface
$0 $0 $15,000 $0 $0 $15,000
Total $950,000 $0 $15,000 $50,000 $0 $1,015,000
% Allocation To Growth (10.61%)* $107,676
Current EDUs 1,250
Estimated New EDU's 148
Estimated New Square Footage of Floor Area 309,912
$/Sq Ft. of Floor Area $0.35
Estimated $/Per SFR (2,090 sq ft) $726
*Based on 2.27% annual growth over next 5 years - ABAG Projections 2018 21 Table 12 – Traffic Facilities Impact Fees; Current
The Traffic Facilities impact fee is calculated based on square footage assuming 2,090 square feet per EDU. The calculation also assumes 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61%, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s traffic facilities. As a result, the projected value of the facilities is allocated evenly across each EDU. Yountville projects $4,231,000 in projected capital projects, $448,844 of which is allocated to future users. The value of the system is allocated to the 148 new EDUs. The resulting fee is $3,027 per EDU.

Table 13 presents the calculations behind the Traffic Facilities impact fee. 22 Table 13 – Traffic Facilities Impact Fees; Proposed Fee Calculation Project Name 2023/24 2024/25 2025/26 2026/27 2027/28 Total Surveys and Monument Program $18,500 $19,500 $20,500 $21,500 $22,500 $102,500 Replacement Muni Ops Truck $70,000 $0 $0 $0 $0 $70,000
Replace Path at Arroyo Grande with Concrete $0 $50,000 $0 $0 $0 $50,000 Washington Street Parking Lot Beautification $300,000 $50,000 $50,000 $0 $0 $400,000 Annual Street Maintenance and Paving Program $525,000 $535,000 $545,000 $555,000 $565,000 $2,725,000 Paving Projects - Plan, Specs, and Engineering $87,000 $90,000 $93,000 $96,000 $70,000 $436,000 Traffic Calming Program $18,500 $19,500 $20,500 $21,500 $22,500 $102,500 Curb, Gutter, & Sidewalk Replacement $67,000 $68,000 $69,000 $70,000 $71,000 $345,000 Total $1,086,000 $832,000 $798,000 $764,000 $751,000 $4,231,000 % Allocation To Growth (10.61%)* $448,844
Current EDUs 1,250
Estimated New EDU's 148
Estimated New Square Footage of Floor Area 309,912
$/Sq Ft. of Floor Area $1.45
Estimated $/Per SFR (2,090 sq ft) $3,027
*Based on 2.27% annual growth over next 5 years - ABAG Projections 2018 23 3.9 Undergrounding of Utilities Impact Fees
The Undergrounding of Utilities Facilities impact fee is designed to recover the portion of costs for tearing up Yountville’s surfaces and relocating utilities facilities below ground that are allocable to new development.

Table 14 presents the current Undergrounding of Utilities Facilities impact fee.

Table 14 – Undergrounding of Utilities Facilities Impact Fees; Current The Undergrounding of Utilities Facilities impact fee is calculated based on square footage assuming 2,090 square feet per EDU. The calculation also assumes 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61%, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s traffic facilities.

As a result, the projected value of the facilities is allocated evenly across each EDU. Yountville projects $200,000 in projected capital projects, $21,217 of which is allocated to future users. The value of the system is allocated to the 148 new EDUs. The resulting fee is $143 per EDU.

Table 15 presents the calculations behind the Undergrounding of Utilities Facilities impact fee.

UNDERGROUNDING OF UTILITIES FEE (24-3504) Municipal Code Section 2361.05 Fronting Primary Street
Residential Subdivision (4 or less) $431.39 per lineal ft.

Commercial (new) $431.39 per lineal ft.

Not Fronting Primary Street
Single Family Dwelling $2,060.70 unit
Multi-Family Dwelling $1,397.29 unit
Hotel/Motel/Inn $8.77 square foot
Restaurant $8.77 square foot
Commercial $8.77 square foot
Proposed
All Customers $0.0685 square foot
ONLY new Commercial and major residential subdivisions (5 or more parcels) shall pay the Fronting Primary Streets Fees
24 Table 15 – Undergrounding of Utilities Facilities Impact Fees; Proposed Fee Calculation

3.10 Community Projects Impact Fees
The new Community Projects impact fee is calculated based on square footage assuming 2,090 square feet per EDU. The calculation also assumes 2.27% in annual population growth over the next five years. This yields 148 new EDUs in total growth, or 10.61%, at the end of five years. Each EDU, both current and projected, is assumed to benefit equally from the upcoming improvements and replacements of Yountville’s community projects. As a result, the projected value of the projects is allocated evenly across each EDU. Yountville projects $2,149,220 in projected capital projects, $227,999 of which is allocated to future users. The value of the system is allocated to the 148 new EDUs. The resulting fee is $1,538 per EDU.

Table 16 presents the calculations behind the Community Projects impact fee.

Table 16 – Community Projects Impact Fees; Proposed Fee Calculation Project Name 2023/24 2024/25 2025/26 2026/27 2027/28 Total Utility Undergrounding Engineering & Design $200,000 $0 $0 $0 $0 $200,000 Total $200,000 $0 $0 $0 $0 $200,000
% Allocation To Growth (10.61%)* $21,217
Current EDUs 1,250
Estimated New EDU's 148
Estimated New Square Footage of Floor Area 309,912
$/Sq Ft. of Floor Area $0.07
Estimated $/Per SFR (2,090 sq ft) $143
*Based on 2.27% annual growth over next 5 years - ABAG Projections 2018 Project Name 2023/24 2024/25 2025/26 2026/27 2027/28 Total GIS Mapping Improvements $160,000 $168,000 $176,400 $185,220 $194,500 $884,120 Forrester Park/Three Weirs Park ADA Improvements $115,000 $0 $0 $0 $0 $115,000 Comm. Center Restrooms Concrete Counter Replacement $30,000 $0 $0 $0 $0 $30,000 Forrester Ln ADA Improvements $0 $300,000 $0 $0 $0 $300,000 Installation of EV Charging Stations and Fleet $147,100 $0 $0 $0 $0 $147,100 ADA Accessibility Improvements Program $122,000 $128,000 $134,000 $141,000 $148,000 $673,000 Total $574,100 $596,000 $310,400 $326,220 $342,500 $2,149,220 % Allocation To Growth (10.61%)* $227,999
Current EDUs 1,250
Estimated New EDU's 148
Estimated New Square Footage of Floor Area 309,912
$/Sq Ft. of Floor Area $0.74
Estimated $/Per SFR (2,090 sq ft) $1,538
*Based on 2.27% annual growth over next 5 years - ABAG Projections 2018 25 3.11 Affordable Housing Impact Fees
The Town of Yountville has established a goal of making a portion of its housing stock affordable to low-income residents. The need for affordable housing is caused by the prevalence of low-wage employment opportunities within Yountville juxtaposed against the relatively high cost of residence through rent or purchase of a house or apartment. The affordable housing impact fee is designed to recover the cost of providing affordable housing alternatives to low-income residents from development that increases the demand for affordable housing by bringing low-wage employment to Yountville.

Table 17 presents the current Affordable Housing impact fees for various customer classes. Currently, only commercial development pays the affordable housing impact fee. This study recommends that all new developments be responsible for paying the affordable housing impact fee.

Table 17 – Affordable Housing Impact Fees; Current
Table 18 shows the calculation of the per-unit cost of affordable housing. The cost of one acre of land was estimated based on comparable land sales in the Yountville area, while the cost to construct 10 units was estimated based on the Craftsman Book Company 2023 National Building Cost Estimator for the Santa Rosa, California region, as shown in Appendix B. The methodology presented here calculates the gap between the cost of construction for affordable housing units, and the maximum amount considered affordable to a low-income family earning 50% of Napa County’s median household income (MHI). Table 18 shows an estimated affordability gap of $189,275 per unit.
26 Table 18 – Affordable Housing Impact Fees; Needs
Using the affordability gap calculated in Table 18, Table 19 presents the calculation of the Affordable Housing impact fee. The fee per 1,000 square feet of development is $11.60.

Prior to implementation of the affordable housing fee, the City’s attorney should review the methodology proposed in this report for compliance with State’s Mitigation Fee Act and other applicable laws. Currently, there are no known affordable housing projects; therefore, this fee should not be charged until such development has been identified.

The Regional Housing Needs Allocation of Yountville’s 2023-2031 Housing Element Report describes Yountville’s projected housing needs, as shown on Table 19. Based on Yountville’s existing affordable housing stock and the number of units projected for construction, about 19 affordable housing units are currently projected to exist at build-out.

Table 19 allocates the need for affordable housing over development and demonstrates that every 1,000 square feet of development generates a need for about 0.06 units of affordable housing.

Cost of one acre of land (1) $2,900,000
Construction cost - 10 Units (2) $1,679,752
Total Cost $4,579,752
Cost per Unit $457,975
Affordable Unit (3) $268,700
Affordability gap per unit $189,275
(1) Estimated based on recently assessed vacant land in Yountville, CA (2) Craftsman Book Company 10 new multi-family housing units (3) Affordability threshold calculated using the following assumptions:
$59,700 household income (50% of Napa County MHI); 30 year mortgage of purchase price at 6.27%; One third of income dedicated to mortgage 27 Table 19 – Affordable Housing Impact Fees; Proposed Fee Calculation Total RHNA Units Very Low <50% AMI (1) 19
Estimated New EDU's 148
Estimated New Square Footage of Floor Area 309,912
Affordable housing units needed per 1,000 square feet 0.06 Cost gap of affordable housing per unit $189,275
Affordable housing units needed per 1,000 square feet 0.06 $/Sq Ft. of Floor Area $11.60
Estimated $/Per SFR (2,090 sq ft) $24,252
(1) From Town Table C-37. Regional Housing Needs Allocation, 2023–2031 28 Appendix A – Water and Wastewater Fixed Asset Valuation Total Description Installed Life Life
Used
(Yrs.)
Orig Cost Accum
Depr
Book Val Year Hist'l
ENR
% Incr. Pres. Val. Service
Life
(Mons.)
Useful
Life
(Mons.)
%
Value
Pres. Val.

Less Depr.

Water Fund Buildings
Water Capital Improvement
6010001 Equipment Barn 06-30-2002 30 21.51 40,001 $ 28,681 $ 11,320 $ 2001 6343 108% 83,087 $ 264 360 27% 22,156 $ Water Utility Operations
6010001 Equipment Barn 06-30-2001 30 21.51 40,001 $ 28,681 $ 11,320 $ 2001 6343 108% 83,087 $ 264 360 27% 22,156 $ Total Water Fund Buildings 80,003 $ 57,363 $ 22,640 $ 166,174 $ 44,313 $ Water Fund Improvements
Water Capital Improvement
6030001 Improvements 02-24-1958 50 50 336,025 $ 336,025 $ - $ 1958 759 1636% 5,832,854 $ 780 600 0% - $ 6030002 Improvements 06-30-1980 50 42.51 33,951 $ 28,865 $ 5,086 $ 1980 3237 307% 138,183 $ 516 600 14% 19,346 $ 6030003 Improvements 06-30-1981 50 41.51 26,258 $ 21,799 $ 4,458 $ 1981 3535 273% 97,864 $ 504 600 16% 15,658 $ 6030004 FY86-87 Additions 06-30-1987 50 35.51 11,409 $ 8,103 $ 3,306 $ 1987 4406 199% 34,115 $ 432 600 28% 9,552 $ 6030005 Pipelines to Town 10-01-1988 50 34.25 343,854 $ 235,581 $ 108,273 $ 1988 4519 192% 1,002,498 $ 420 600 30% 300,749 $ 6030006 Town Share YPIC Pipelines 10-01-1988 50 34.25 56,948 $ 39,016 $ 17,932 $ 1988 4519 192% 166,029 $ 420 600 30% 49,809 $ 6030007 Jefferson St Water Mains 06-30-2000 50 22.51 217,650 $ 97,992 $ 119,658 $ 2000 6221 112% 460,946 $ 276 600 54% 248,911 $ 6030008 Pressure Pit Upgrade 06-30-2000 50 22.51 18,880 $ 8,500 $ 10,380 $ 2000 6221 112% 39,985 $ 276 600 54% 21,592 $ 6030009 WA-04 Water Main Monroe 06-30-2001 30 21.51 109,786 $ 78,717 $ 31,069 $ 2001 6343 108% 228,036 $ 264 360 27% 60,810 $ 6030010 WA-08 Water Main Mulberry/Ivy 06-30-2002 50 20.51 138,537 $ 56,832 $ 81,705 $ 2002 6538 102% 279,171 $ 252 600 58% 161,919 $ 6030011 WA-07 Water Main Heather 06-30-2003 50 19.51 142,438 $ 55,583 $ 86,854 $ 2003 6694 97% 280,344 $ 240 600 60% 168,206 $ 6030012 SP-13 PW Corp Yard Paving 06-30-2003 20 19.51 10,000 $ 9,754 $ 246 $ 2003 6694 97% 19,682 $ 240 240 0% - $ 6030013 Meter Automate 50-100d 06-30-2003 20 19.51 13,663 $ 13,326 $ 336 $ 2003 6694 97% 26,890 $ 240 240 0% - $ 6030014 WA-03 Water Main Yountville Crossroads 06-30-2004 50 18.51 105,296 $ 38,984 $ 66,312 $ 2004 7115 85% 194,980 $ 228 600 62% 120,887 $ 6030015 Municipal Well 06-30-2006 50 16.51 973,726 $ 321,554 $ 652,172 $ 2006 7751 70% 1,655,124 $ 204 600 66% 1,092,382 $ 6030016 Water Main Yount St/Point 06-30-2006 50 16.51 85,021 $ 28,076 $ 56,944 $ 2006 7751 70% 144,517 $ 204 600 66% 95,381 $ 6030017 Municipal Well 06-30-2007 50 15.51 95,378 $ 29,589 $ 65,789 $ 2007 7966 65% 157,746 $ 192 600 68% 107,267 $ 6030018 WA-02 Laterals (engineering) 06-30-2010 50 12.51 5,526 $ 1,383 $ 4,143 $ 2010 8799 50% 8,275 $ 156 600 74% 6,123 $ 6030019 WA-0001 Pipes & Blow Off Valves 07-01-2012 50 10.5 39,956 $ 8,398 $ 31,558 $ 2012 9308 42% 56,556 $ 132 600 78% 44,114 $ 6030020 WA-3011 Service Laterals - Washington St. 07-01-2012 50 10.5 96,953 $ 20,378 $ 76,576 $ 2012 9308 42% 137,233 $ 132 600 78% 107,041 $ 6030021 WA-2011 Water Meter Transmitter Replacement 07-01-2012 20 10.5 27,379 $ 14,385 $ 12,994 $ 2012 9308 42% 38,754 $ 132 240 45% 17,439 $ 6030023 WA-2011 Water Meter Transmitter Replacement 06-30-2013 20 9.51 10,557 $ 5,020 $ 5,537 $ 2013 9547 38% 14,569 $ 120 240 50% 7,284 $ 6030024 WA-3011 Storm Drain Public Right of Way - NV Lodge 06-30-2013 10 9.51 10,000 $ 9,508 $ 492 $ 2013 9547 38% 13,800 $ 120 120 0% - $ 6030026 WA-2011 Water Meter Transmitter Replacement 06-30-2014 20 8.51 16,822 $ 7,158 $ 9,664 $ 2014 9806 34% 22,601 $ 108 240 55% 12,431 $ 6030027 WA-2015 Water Meters & Transmitters 06-30-2016 20 6.51 62,132 $ 20,119 $ 42,013 $ 2016 10338 27% 79,183 $ 84 240 65% 51,469 $ 6030029 WA-0009 Water Dist Sys Improv/Blowoffs 06-30-2018 50 4.51 24,113 $ 2,175 $ 21,938 $ 2018 11062 19% 28,719 $ 60 600 90% 25,847 $ 6030030 WA-0007 Regulator Pit Relocation Project 06-30-2020 50 2.51 155,789 $ 7,815 $ 147,974 $ 2020 11465.7 15% 179,015 $ 36 600 94% 168,274 $ 6030031 WA-3020 Main & Service Lateral Repl 06-30-2020 50 2.51 155,269 $ 7,789 $ 147,480 $ 2020 11465.7 15% 178,417 $ 36 600 94% 167,712 $ 6030032 WA-0016 Emergency Washington Park Waterline Repair 06-30-2022 50 0.51 1,065,237 $ 10,803 $ 1,054,434 $ 2022 13006.8 1% 1,079,012 $ 12 600 98% 1,057,431 $ 6030033 WA-2022 Water Meter Upgrade from 3G to 5G 06-30-2022 50 0.51 46,665 $ 473 $ 46,191 $ 2022 13006.8 1% 47,268 $ 12 600 98% 46,323 $ Water Utility Operations
6030001 Improvements 02-24-1958 50 50 336,025 $ 336,025 $ - $ 1958 759 1636% 5,832,854 $ 780 600 0% - $ 6030002 Improvements 06-30-1980 50 42.51 33,951 $ 28,865 $ 5,086 $ 1980 3237 307% 138,183 $ 516 600 14% 19,346 $ 6030003 Improvements 06-30-1981 50 41.51 26,258 $ 21,799 $ 4,458 $ 1981 3535 273% 97,864 $ 504 600 16% 15,658 $ 6030004 FY86-87 Additions 06-30-1987 50 35.51 11,409 $ 8,103 $ 3,306 $ 1987 4406 199% 34,115 $ 432 600 28% 9,552 $ 6030005 Pipelines to Town 10-01-1988 50 34.25 343,854 $ 235,581 $ 108,273 $ 1988 4519 192% 1,002,498 $ 420 600 30% 300,749 $ 6030006 Town Share YPIC Pipelines 10-01-1988 50 34.25 56,948 $ 39,016 $ 17,932 $ 1988 4519 192% 166,029 $ 420 600 30% 49,809 $ 6030007 Jefferson St Water Mains 06-30-2000 50 22.51 217,650 $ 97,992 $ 119,658 $ 2000 6221 112% 460,946 $ 276 600 54% 248,911 $ 6030008 Pressure Pit Upgrade 06-30-2000 50 22.51 18,880 $ 8,500 $ 10,380 $ 2000 6221 112% 39,985 $ 276 600 54% 21,592 $ 6030009 WA-04 Water Main Monroe 06-30-2001 30 21.51 109,786 $ 78,717 $ 31,069 $ 2001 6343 108% 228,036 $ 264 360 27% 60,810 $ 6030010 WA-08 Water Main Mulberry/Ivy 06-30-2002 50 20.51 138,537 $ 56,832 $ 81,705 $ 2002 6538 102% 279,171 $ 252 600 58% 161,919 $ 6030011 WA-07 Water Main Heather 06-30-2003 50 19.51 142,438 $ 55,583 $ 86,854 $ 2003 6694 97% 280,344 $ 240 600 60% 168,206 $ 6030012 SP-13 PW Corp Yard Paving 06-30-2003 20 19.51 10,000 $ 9,754 $ 246 $ 2003 6694 97% 19,682 $ 240 240 0% - $ 6030013 Meter Automate 50-100d 06-30-2003 20 19.51 13,663 $ 13,326 $ 336 $ 2003 6694 97% 26,890 $ 240 240 0% - $ 6030014 WA-03 Water Main Yountville Crossroads 06-30-2004 50 18.51 105,296 $ 38,984 $ 66,312 $ 2004 7115 85% 194,980 $ 228 600 62% 120,887 $ 6030015 Municipal Well 06-30-2006 50 16.51 973,726 $ 321,554 $ 652,172 $ 2006 7751 70% 1,655,124 $ 204 600 66% 1,092,382 $ 6030016 Water Main Yount St/Point 06-30-2006 50 16.51 85,021 $ 28,076 $ 56,944 $ 2006 7751 70% 144,517 $ 204 600 66% 95,381 $ 6030017 Municipal Well 06-30-2007 50 15.51 95,378 $ 29,589 $ 65,789 $ 2007 7966 65% 157,746 $ 192 600 68% 107,267 $ 6030018 WA-02 Laterals (engineering) 06-30-2010 50 12.51 5,526 $ 1,383 $ 4,143 $ 2010 8799 50% 8,275 $ 156 600 74% 6,123 $ 6030019 WA-0001 Pipes & Blow Off Valves 07-01-2012 50 10.5 39,956 $ 8,398 $ 31,558 $ 2012 9308 42% 56,556 $ 132 600 78% 44,114 $ 6030020 WA-3011 Service Laterals - Washington St. 07-01-2012 50 10.5 96,953 $ 20,378 $ 76,576 $ 2012 9308 42% 137,233 $ 132 600 78% 107,041 $ 6030021 WA-2011 Water Meter Transmitter Replacement 07-01-2012 20 10.5 27,379 $ 14,385 $ 12,994 $ 2012 9308 42% 38,754 $ 132 240 45% 17,439 $ Total Description Installed Life Life
Used
(Yrs.)
Orig Cost Accum
Depr
Book Val Year Hist'l
ENR
% Incr. Pres. Val. Service
Life
(Mons.)
Useful
Life
(Mons.)
%
Value
Pres. Val.

Less Depr.
6030023 WA-2011 Water Meter Transmitter Replacement 06-30-2013 20 9.51 10,557 $ 5,020 $ 5,537 $ 2013 9547 38% 14,569 $ 120 240 50% 7,284 $ 6030024 WA-3011 Storm Drain Public Right of Way - NV Lodge 06-30-2013 10 9.51 10,000 $ 9,508 $ 492 $ 2013 9547 38% 13,800 $ 120 120 0% - $ 6030026 WA-2011 Water Meter Transmitter Replacement 06-30-2014 20 8.51 16,822 $ 7,158 $ 9,664 $ 2014 9806 34% 22,601 $ 108 240 55% 12,431 $ 6030027 WA-2015 Water Meters & Transmitters 06-30-2016 20 6.51 62,132 $ 20,119 $ 42,013 $ 2016 10338 27% 79,183 $ 84 240 65% 51,469 $ 6030029 WA-0009 Water Dist Sys Improv/Blowoffs 06-30-2018 50 4.51 24,113 $ 2,175 $ 21,938 $ 2018 11062 19% 28,719 $ 60 600 90% 25,847 $ Clearing 0 0 0% - $ 0 0 0% - $
6030026 WA-2011 Water Meter Transmitter Replacement 06-30-2014 20 8.51 16,822 $ 7,158 $ 9,664 $ 2014 9806 34% 22,601 $ 108 240 55% 12,431 $ Total Water Fund Improvements 7,464,292 $ 3,027,674 $ 4,436,618 $ 23,823,618 $ 6,940,608 $ Total Description Installed Life Life
Used
(Yrs.)
Orig Cost Accum Depr Book Val Year Hist'l
ENR
% Incr. Pres. Val. Service
Life
(Mons.)
Useful
Life
(Mons.)
%
Value
Pres. Val.

Less Depr.

WW Collection Improvements
Wastewater Utility Operations
6430001 Sewer Line Washington St. 09-11-1992 50 30.31 71,537 $ 43,367 $ 28,170 $ 1992 4985 164% 189,067 $ 372 600 38% 71,845 $ 6430002 FY 95 Improvements 06-30-1995 50 27.51 15,207 $ 8,367 $ 6,840 $ 1995 5471 141% 36,621 $ 336 600 44% 16,113 $ 6430003 FY 97 Improvements 06-30-1997 50 25.51 69,987 $ 35,709 $ 34,278 $ 1997 5826 126% 158,270 $ 312 600 48% 75,970 $ 6430004 Sewer Lateral Lines 06-30-1999 50 23.51 43,247 $ 20,336 $ 22,911 $ 1999 6059 117% 94,039 $ 288 600 52% 48,900 $ 6430005 Mesa Court Sewer Lines 06-30-1999 50 23.51 110,853 $ 52,126 $ 58,727 $ 1999 6059 117% 241,045 $ 288 600 52% 125,343 $ 6430006 Jefferson St Main 06-30-2000 30 22.51 80,613 $ 60,487 $ 20,126 $ 2000 6221 112% 170,725 $ 276 360 23% 39,836 $ 6430007 Equipment Building 06-30-2001 20 20 120,004 $ 120,004 $ - $ 2001 6343 108% 249,261 $ 264 240 0% - $ 6430008 WW-14 Oak Sewer Main 06-30-2002 30 20.51 34,327 $ 23,469 $ 10,858 $ 2002 6538 102% 69,174 $ 252 360 30% 20,752 $ 6430009 WW-02 Laterals 06-30-2002 30 20.51 15,641 $ 10,694 $ 4,948 $ 2002 6538 102% 31,520 $ 252 360 30% 9,456 $ 6430010 F Line Realign Lateral 06-30-2002 30 20.51 13,915 $ 9,513 $ 4,401 $ 2002 6538 102% 28,040 $ 252 360 30% 8,412 $ 6430011 SP-13 PW Corp Yard Paving 06-30-2003 20 19.51 10,000 $ 9,754 $ 246 $ 2003 6694 97% 19,682 $ 240 240 0% - $ 6430012 WW-24 I & I (03) 06-30-2003 20 19.51 30,105 $ 29,364 $ 741 $ 2003 6694 97% 59,252 $ 240 240 0% - $ 6430013 WW-24 I & I (04) 06-30-2004 20 18.51 36,633 $ 33,901 $ 2,732 $ 2004 7115 85% 67,835 $ 228 240 5% 3,392 $ 6430014 WW-10 Yount Main 06-30-2004 50 18.51 98,983 $ 36,647 $ 62,337 $ 2004 7115 85% 183,290 $ 228 600 62% 113,640 $ 6430015 WW-25 Jefferson Main 06-30-2004 50 18.51 63,037 $ 23,338 $ 39,699 $ 2004 7115 85% 116,728 $ 228 600 62% 72,371 $ 6430016 WW-24 I & I (05) 06-30-2005 20 17.51 25,127 $ 21,997 $ 3,130 $ 2005 7446 77% 44,460 $ 216 240 10% 4,446 $ 6430017 WW-19 F-line Realign Main 06-30-2005 50 17.51 180,059 $ 63,062 $ 116,997 $ 2005 7446 77% 318,599 $ 216 600 64% 203,903 $ 6430018 WW-28 Pump Station 06-30-2005 50 17.51 64,598 $ 22,624 $ 41,974 $ 2005 7446 77% 114,300 $ 216 600 64% 73,152 $ 6430019 WW24-I & I Lateral Replacements 06-30-2006 50 16.51 51,819 $ 17,112 $ 34,706 $ 2006 7751 70% 88,080 $ 204 600 66% 58,133 $ 6430020 WW-29-Yount St/Point Main 06-30-2006 50 16.51 122,714 $ 40,524 $ 82,190 $ 2006 7751 70% 208,587 $ 204 600 66% 137,667 $ 6430021 WW-30 Yount Main 06-30-2008 50 14.51 86,077 $ 24,982 $ 61,095 $ 2008 8310 59% 136,470 $ 180 600 70% 95,529 $ 6430022 WW-35 Mulberry Main 06-30-2008 50 14.51 68,060 $ 19,753 $ 48,307 $ 2008 8310 59% 107,906 $ 180 600 70% 75,534 $ 6430023 WW-06 F Line Realignment 06-30-2008 50 14.51 19,797 $ 5,746 $ 14,051 $ 2008 8310 59% 31,387 $ 180 600 70% 21,971 $ 6430024 WW-01 Main Replacements 06-30-2009 50 13.51 496,700 $ 134,224 $ 362,476 $ 2009 8570 54% 763,598 $ 168 600 72% 549,790 $ 6430025 WW-10 Washington Street 06-30-2009 50 13.51 19,940 $ 5,388 $ 14,552 $ 2009 8570 54% 30,655 $ 168 600 72% 22,071 $ 6430026 WW24-I & I Lateral Replacements 06-30-2009 50 13.51 26,213 $ 7,083 $ 19,129 $ 2009 8570 54% 40,298 $ 168 600 72% 29,014 $ 6430027 WW-06 Main Replacements 06-30-2009 50 13.51 140,120 $ 37,865 $ 102,255 $ 2009 8570 54% 215,413 $ 168 600 72% 155,097 $ 6430028 WW-01 Main Replacements 06-30-2010 50 12.51 125,342 $ 31,364 $ 93,977 $ 2010 8799 50% 187,678 $ 156 600 74% 138,882 $ 6430029 WW24-I & I Lateral Replacements 06-30-2010 50 12.51 25,012 $ 6,259 $ 18,753 $ 2010 8799 50% 37,451 $ 156 600 74% 27,714 $ 6430030 WW-0001 JTP Fuel Tank 06-30-2011 20 11.51 59,471 $ 34,227 $ 25,245 $ 2011 9070 45% 86,388 $ 144 240 40% 34,555 $ 6430031 WW-0002 Upsize Recycled Water Line 06-30-2011 50 11.51 65,301 $ 15,034 $ 50,267 $ 2011 9070 45% 94,855 $ 144 600 76% 72,090 $ 6430032 WW-2011 Inflow Infiltration Reduction 07-01-2012 50 10.5 24,336 $ 5,115 $ 19,221 $ 2012 9308 42% 34,446 $ 132 600 78% 26,868 $ 6430033 WW-0008 Madison & Yount Sewer Main 06-30-2014 50 8.51 455,602 $ 77,550 $ 378,052 $ 2014 9806 34% 612,132 $ 108 600 82% 501,948 $ 6430034 WW-2011 Inflow/Infiltration Reduction 06-30-2013 30 9.51 35,727 $ 11,326 $ 24,400 $ 2013 9547 38% 49,303 $ 120 360 67% 32,869 $ 6430035 WW-3012 Main & Lateral Replacements 06-30-2014 50 8.51 22,059 $ 3,755 $ 18,304 $ 2014 9806 34% 29,638 $ 108 600 82% 24,303 $ 6430036 WW-2011 Inflow/Infiltration Reduction 06-30-2014 50 8.51 72,458 $ 12,333 $ 60,124 $ 2014 9806 34% 97,352 $ 108 600 82% 79,828 $ 6430037 WW-0004 SCADA Upgrade Phase II 06-30-2015 10 7.51 1,126 $ 845 $ 280 $ 2015 10035 31% 1,478 $ 96 120 20% 296 $ 6430038 WW-0008 Madison & Yount Sewer Main Replacement 06-30-2015 20 7.51 16,074 $ 6,036 $ 10,039 $ 2015 10035 31% 21,104 $ 96 240 60% 12,662 $ Wastewater Utility Capital 0 0 0% - $ 0 0 0% - $
6430001 Sewer Line Washington St. 09-11-1992 50 30.31 71,537 $ 43,367 $ 28,170 $ 1992 4985 164% 189,067 $ 372 600 38% 71,845 $ 6430002 FY 95 Improvements 06-30-1995 50 27.51 15,207 $ 8,367 $ 6,840 $ 1995 5471 141% 36,621 $ 336 600 44% 16,113 $ 6430003 FY 97 Improvements 06-30-1997 50 25.51 69,987 $ 35,709 $ 34,278 $ 1997 5826 126% 158,270 $ 312 600 48% 75,970 $ 6430004 Sewer Lateral Lines 06-30-1999 50 23.51 43,247 $ 20,336 $ 22,911 $ 1999 6059 117% 94,039 $ 288 600 52% 48,900 $ 6430005 Mesa Court Sewer Lines 06-30-1999 50 23.51 110,853 $ 52,126 $ 58,727 $ 1999 6059 117% 241,045 $ 288 600 52% 125,343 $ 6430006 Jefferson St Main 06-30-2000 30 22.51 80,613 $ 60,487 $ 20,126 $ 2000 6221 112% 170,725 $ 276 360 23% 39,836 $ 6430007 Equipment Building 06-30-2001 20 20 120,004 $ 120,004 $ - $ 2001 6343 108% 249,261 $ 264 240 0% - $ 6430008 WW-14 Oak Sewer Main 06-30-2002 30 20.51 34,327 $ 23,469 $ 10,858 $ 2002 6538 102% 69,174 $ 252 360 30% 20,752 $ 6430009 WW-02 Laterals 06-30-2002 30 20.51 15,641 $ 10,694 $ 4,948 $ 2002 6538 102% 31,520 $ 252 360 30% 9,456 $ 6430010 F Line Realign Lateral 06-30-2002 30 20.51 13,915 $ 9,513 $ 4,401 $ 2002 6538 102% 28,040 $ 252 360 30% 8,412 $ 6430011 SP-13 PW Corp Yard Paving 06-30-2003 20 19.51 10,000 $ 9,754 $ 246 $ 2003 6694 97% 19,682 $ 240 240 0% - $ 6430012 WW-24 I & I (03) 06-30-2003 20 19.51 30,105 $ 29,364 $ 741 $ 2003 6694 97% 59,252 $ 240 240 0% - $ 6430013 WW-24 I & I (04) 06-30-2004 20 18.51 36,633 $ 33,901 $ 2,732 $ 2004 7115 85% 67,835 $ 228 240 5% 3,392 $ 6430014 WW-10 Yount Main 06-30-2004 50 18.51 98,983 $ 36,647 $ 62,337 $ 2004 7115 85% 183,290 $ 228 600 62% 113,640 $ 6430015 WW-25 Jefferson Main 06-30-2004 50 18.51 63,037 $ 23,338 $ 39,699 $ 2004 7115 85% 116,728 $ 228 600 62% 72,371 $ 6430016 WW-24 I & I (05) 06-30-2005 20 17.51 25,127 $ 21,997 $ 3,130 $ 2005 7446 77% 44,460 $ 216 240 10% 4,446 $ 6430017 WW-19 F-line Realign Main 06-30-2005 50 17.51 180,059 $ 63,062 $ 116,997 $ 2005 7446 77% 318,599 $ 216 600 64% 203,903 $ 6430018 WW-28 Pump Station 06-30-2005 50 17.51 64,598 $ 22,624 $ 41,974 $ 2005 7446 77% 114,300 $ 216 600 64% 73,152 $ 6430019 WW24-I & I Lateral Replacements 06-30-2006 50 16.51 51,819 $ 17,112 $ 34,706 $ 2006 7751 70% 88,080 $ 204 600 66% 58,133 $ 6430020 WW-29-Yount St/Point Main 06-30-2006 50 16.51 122,714 $ 40,524 $ 82,190 $ 2006 7751 70% 208,587 $ 204 600 66% 137,667 $ 6430021 WW-30 Yount Main 06-30-2008 50 14.51 86,077 $ 24,982 $ 61,095 $ 2008 8310 59% 136,470 $ 180 600 70% 95,529 $ 6430022 WW-35 Mulberry Main 06-30-2008 50 14.51 68,060 $ 19,753 $ 48,307 $ 2008 8310 59% 107,906 $ 180 600 70% 75,534 $ 6430023 WW-06 F Line Realignment 06-30-2008 50 14.51 19,797 $ 5,746 $ 14,051 $ 2008 8310 59% 31,387 $ 180 600 70% 21,971 $ 6430024 WW-01 Main Replacements 06-30-2009 50 13.51 496,700 $ 134,224 $ 362,476 $ 2009 8570 54% 763,598 $ 168 600 72% 549,790 $ Total Description Installed Life Life
Used
(Yrs.)
Orig Cost Accum Depr Book Val Year Hist'l
ENR
% Incr. Pres. Val. Service
Life
(Mons.)
Useful
Life
(Mons.)
%
Value
Pres. Val.

Less Depr.
6430025 WW-10 Washington Street 06-30-2009 50 13.51 19,940 $ 5,388 $ 14,552 $ 2009 8570 54% 30,655 $ 168 600 72% 22,071 $ 6430026 WW24-I & I Lateral Replacements 06-30-2009 50 13.51 26,213 $ 7,083 $ 19,129 $ 2009 8570 54% 40,298 $ 168 600 72% 29,014 $ 6430027 WW-06 Main Replacements 06-30-2009 50 13.51 140,120 $ 37,865 $ 102,255 $ 2009 8570 54% 215,413 $ 168 600 72% 155,097 $ 6430028 WW-01 Main Replacements 06-30-2010 50 12.51 125,342 $ 31,364 $ 93,977 $ 2010 8799 50% 187,678 $ 156 600 74% 138,882 $ 6430029 WW24-I & I Lateral Replacements 06-30-2010 50 12.51 25,012 $ 6,259 $ 18,753 $ 2010 8799 50% 37,451 $ 156 600 74% 27,714 $ 6430030 WW-0001 JTP Fuel Tank 06-30-2011 20 11.51 59,471 $ 34,227 $ 25,245 $ 2011 9070 45% 86,388 $ 144 240 40% 34,555 $ 6430031 WW-0002 Upsize Recycled Water Line 06-30-2011 50 11.51 65,301 $ 15,034 $ 50,267 $ 2011 9070 45% 94,855 $ 144 600 76% 72,090 $ 6430032 WW-2011 Inflow Infiltration Reduction 07-01-2012 50 10.5 24,336 $ 5,115 $ 19,221 $ 2012 9308 42% 34,446 $ 132 600 78% 26,868 $ 6430033 WW-0008 Madison & Yount Sewer Main 06-30-2014 50 8.51 455,602 $ 77,550 $ 378,052 $ 2014 9806 34% 612,132 $ 108 600 82% 501,948 $ 6430034 WW-2011 Inflow/Infiltration Reduction 06-30-2013 30 9.51 35,727 $ 11,326 $ 24,400 $ 2013 9547 38% 49,303 $ 120 360 67% 32,869 $ 6430035 WW-3012 Main & Lateral Replacements 06-30-2014 50 8.51 22,059 $ 3,755 $ 18,304 $ 2014 9806 34% 29,638 $ 108 600 82% 24,303 $ 6430036 WW-2011 Inflow/Infiltration Reduction 06-30-2014 50 8.51 72,458 $ 12,333 $ 60,124 $ 2014 9806 34% 97,352 $ 108 600 82% 79,828 $ 6430037 WW-0004 SCADA Upgrade Phase II 06-30-2015 10 7.51 1,126 $ 845 $ 280 $ 2015 10035 31% 1,478 $ 96 120 20% 296 $ 6430038 WW-0008 Madison & Yount Sewer Main Replacement 06-30-2015 20 7.51 16,074 $ 6,036 $ 10,039 $ 2015 10035 31% 21,104 $ 96 240 60% 12,662 $ 6430039 WW-0026 Replace Pump Station Pump 06-30-2020 50 2.51 37,704 $ 1,891 $ 35,812 $ 2020 11466 15% 43,325 $ 36 600 94% 40,725 $ 6430040 WW-2021 Sewr Lining Project (2021 06-30-2022 50 0.51 163,456 $ 1,658 $ 161,798 $ 2022 13007 1% 165,570 $ 12 600 98% 162,258 $ Clearing
6430036 WW-2011 Inflow/Infiltration Reduction 06-30-2014 50 8.51 72,458 $ 12,333 $ 60,124 $ 2014 9806 34% 97,352 $ 108 600 82% 79,828 $ Total WW Collection Improvements 6,309,257 $ 2,258,443 $ 4,050,814 $ 10,438,497 $ 6,251,523 $ WW Treatment Improvements
Wastewater Utility Operations
6330001 Plant 02-24-1958 20 20 121,148 $ 121,148 $ - $ 1958 759 1636% 2,102,943 $ 780 240 0% - $ 6330002 Plant 02-24-1958 50 50 155,832 $ 155,832 $ - $ 1958 759 1636% 2,704,991 $ 780 600 0% - $ 6330003 Plant 01-01-1975 50 48 10,850 $ 10,416 $ 434 $ 1975 2212 496% 64,624 $ 576 600 4% 2,585 $ 6330004 Utility Plant 01-01-1980 50 43 3,556,968 $ 3,059,275 $ 497,693 $ 1980 3237 307% 14,477,344 $ 516 600 14% 2,026,828 $ 6330005 Plant 01-01-1980 50 43 14,776 $ 12,709 $ 2,068 $ 1980 3237 307% 60,142 $ 516 600 14% 8,420 $ 6330006 Plant 01-01-1981 50 42 58,598 $ 49,227 $ 9,371 $ 1981 3535 273% 218,396 $ 504 600 16% 34,943 $ 6330007 Plant 03-14-1984 50 38.8 12,323 $ 9,564 $ 2,759 $ 1984 4146 218% 39,160 $ 468 600 22% 8,615 $ 6330008 Plant 06-30-1984 50 38.51 16,852 $ 12,979 $ 3,872 $ 1984 4146 218% 53,550 $ 468 600 22% 11,781 $ 6330009 Plant 07-01-1984 50 38.5 82,054 $ 63,195 $ 18,859 $ 1984 4146 218% 260,749 $ 468 600 22% 57,365 $ 6330010 Plant 06-30-1985 50 37.51 19,924 $ 14,948 $ 4,977 $ 1985 4195 214% 62,575 $ 456 600 24% 15,018 $ 6330011 Plant 06-30-1986 50 36.51 17,048 $ 12,448 $ 4,599 $ 1986 4295 207% 52,294 $ 444 600 26% 13,596 $ 6330012 Outfall sewer rehabilitation 06-30-1986 67 36.51 157,405 $ 85,778 $ 71,628 $ 1986 4295 207% 482,845 $ 444 804 45% 216,199 $ 6330013 Expansion Engineering 01-01-1992 40 31 86,484 $ 67,034 $ 19,449 $ 1992 4985 164% 228,571 $ 372 480 23% 51,428 $ 6330014 Expansion Sludge 01-01-1992 15 15 23,600 $ 23,600 $ - $ 1992 4985 164% 62,373 $ 372 180 0% - $ 6330015 Expansion Electric 01-01-1992 25 25 71,000 $ 71,000 $ - $ 1992 4985 164% 187,648 $ 372 300 0% - $ 6330016 Expansion Piping 01-01-1992 80 31 92,000 $ 35,657 $ 56,343 $ 1992 4985 164% 243,150 $ 372 960 61% 148,929 $ 6330017 Expansion Mobilization 01-01-1992 100 31 154,000 $ 47,750 $ 106,250 $ 1992 4985 164% 407,012 $ 372 1200 69% 280,838 $ 6330018 FY 97 Improvements 06-30-1997 10 10 10,332 $ 10,332 $ - $ 1997 5826 126% 23,365 $ 312 120 0% - $ 6330019 FY 98 Improvements 06-30-1998 30 24.51 258,687 $ 211,345 $ 47,342 $ 1998 5920 123% 575,712 $ 300 360 17% 95,952 $ 6330020 Water Lines 06-30-1999 15 15 37,066 $ 37,066 $ - $ 1999 6059 117% 80,598 $ 288 180 0% - $ 6330021 Metering Man hole 06-30-1999 50 23.51 28,027 $ 13,179 $ 14,848 $ 1999 6059 117% 60,944 $ 288 600 52% 31,691 $ 6330022 Filter 06-30-2000 30 22.51 48,708 $ 36,547 $ 12,161 $ 2000 6221 112% 103,155 $ 276 360 23% 24,070 $ 6330023 Digester 06-30-2001 20 20 14,984 $ 14,984 $ - $ 2001 6343 108% 31,124 $ 264 240 0% - $ 6330024 Filter 06-30-2001 20 20 28,142 $ 28,142 $ - $ 2001 6343 108% 58,453 $ 264 240 0% - $ 6330025 Digester 06-30-2002 30 20.51 92,713 $ 63,386 $ 29,327 $ 2002 6538 102% 186,831 $ 252 360 30% 56,049 $ 6330026 Lines 06-30-2002 30 20.51 25,560 $ 17,475 $ 8,085 $ 2002 6538 102% 51,507 $ 252 360 30% 15,452 $ 6330027 WW-04 Lister Grinder & WW-08 Digester Mixer 06-30-2004 30 18.51 109,742 $ 67,713 $ 42,029 $ 2004 7115 85% 203,211 $ 228 360 37% 74,511 $ 6330028 WW-27 Title 22 Upgrades Design/NPDS Permit 06-30-2008 50 14.51 59,238 $ 17,193 $ 42,045 $ 2008 8310 59% 93,918 $ 180 600 70% 65,743 $ 6330029 WW-27 Title 22 Upgrades Design/NPDS Permit 06-30-2009 50 13.51 70,091 $ 18,941 $ 51,150 $ 2009 8570 54% 107,754 $ 168 600 72% 77,583 $ 6330030 WW-27 Title 22 Upgrades Design/NPDS Permit 06-30-2010 50 12.51 1,227,109 $ 307,062 $ 920,048 $ 2010 8799 50% 1,837,391 $ 156 600 74% 1,359,669 $ 6330031 WW-0009 WWTP Title 22 Upgrades 06-30-2011 50 11.51 61,741 $ 14,215 $ 47,526 $ 2011 9070 45% 89,684 $ 144 600 76% 68,160 $ 6330032 WW-0002 Recycled Water Expansion 06-30-2017 50 5.51 3,780,773 $ 416,581 $ 3,364,192 $ 2017 10737 23% 4,639,266 $ 72 600 88% 4,082,554 $ 6330033 WW-0003 Slurry Seal 07-01-2012 10 10 10,000 $ 10,000 $ - $ 2012 9308 42% 14,155 $ 132 120 0% - $ 6330034 WW-0006 Methane Capture 10-07-2013 50 9.24 131,400 $ 24,285 $ 107,115 $ 2013 9547 38% 181,334 $ 120 600 80% 145,067 $ 6330035 WW-4012 Equipment Replacement - Pumps & Motors 07-01-2012 10 10 65,269 $ 65,269 $ - $ 2012 9308 42% 92,386 $ 132 120 0% - $ Joint Treatment Capital Fund
6330001 Plant 02-24-1958 20 20 121,148 $ 121,148 $ - $ 1958 759 1636% 2,102,943 $ 780 240 0% - $ 6330002 Plant 02-24-1958 50 50 155,832 $ 155,832 $ - $ 1958 759 1636% 2,704,991 $ 780 600 0% - $ 6330003 Plant 01-01-1975 50 48 10,850 $ 10,416 $ 434 $ 1975 2212 496% 64,624 $ 576 600 4% 2,585 $ 6330004 Utility Plant 01-01-1980 50 43 3,556,968 $ 3,059,275 $ 497,693 $ 1980 3237 307% 14,477,344 $ 516 600 14% 2,026,828 $ 6330005 Plant 01-01-1980 50 43 14,776 $ 12,709 $ 2,068 $ 1980 3237 307% 60,142 $ 516 600 14% 8,420 $ 6330006 Plant 01-01-1981 50 42 58,598 $ 49,227 $ 9,371 $ 1981 3535 273% 218,396 $ 504 600 16% 34,943 $ Total Description Installed Life Life
Used
(Yrs.)
Orig Cost Accum Depr Book Val Year Hist'l
ENR
% Incr. Pres. Val. Service
Life
(Mons.)
Useful
Life
(Mons.)
%
Value
Pres. Val.

Less Depr.
6330007 Plant 03-14-1984 50 38.8 12,323 $ 9,564 $ 2,759 $ 1984 4146 218% 39,160 $ 468 600 22% 8,615 $ 6330008 Plant 06-30-1984 50 38.51 16,852 $ 12,979 $ 3,872 $ 1984 4146 218% 53,550 $ 468 600 22% 11,781 $ 6330009 Plant 07-01-1984 50 38.5 82,054 $ 63,195 $ 18,859 $ 1984 4146 218% 260,749 $ 468 600 22% 57,365 $ 6330010 Plant 06-30-1985 50 37.51 19,924 $ 14,948 $ 4,977 $ 1985 4195 214% 62,575 $ 456 600 24% 15,018 $ 6330011 Plant 06-30-1986 50 36.51 17,048 $ 12,448 $ 4,599 $ 1986 4295 207% 52,294 $ 444 600 26% 13,596 $ 6330012 Outfall sewer rehabilitation 06-30-1986 67 36.51 157,405 $ 85,778 $ 71,628 $ 1986 4295 207% 482,845 $ 444 804 45% 216,199 $ 6330013 Expansion Engineering 01-01-1992 40 31 86,484 $ 67,034 $ 19,449 $ 1992 4985 164% 228,571 $ 372 480 23% 51,428 $ 6330014 Expansion Sludge 01-01-1992 15 15 23,600 $ 23,600 $ - $ 1992 4985 164% 62,373 $ 372 180 0% - $ 6330015 Expansion Electric 01-01-1992 25 25 71,000 $ 71,000 $ - $ 1992 4985 164% 187,648 $ 372 300 0% - $ 6330016 Expansion Piping 01-01-1992 80 31 92,000 $ 35,657 $ 56,343 $ 1992 4985 164% 243,150 $ 372 960 61% 148,929 $ 6330017 Expansion Mobilization 01-01-1992 100 31 154,000 $ 47,750 $ 106,250 $ 1992 4985 164% 407,012 $ 372 1200 69% 280,838 $ 6330018 FY 97 Improvements 06-30-1997 10 10 10,332 $ 10,332 $ - $ 1997 5826 126% 23,365 $ 312 120 0% - $ 6330019 FY 98 Improvements 06-30-1998 30 24.51 258,687 $ 211,345 $ 47,342 $ 1998 5920 123% 575,712 $ 300 360 17% 95,952 $ 6330020 Water Lines 06-30-1999 15 15 37,066 $ 37,066 $ - $ 1999 6059 117% 80,598 $ 288 180 0% - $ 6330021 Metering Man hole 06-30-1999 50 23.51 28,027 $ 13,179 $ 14,848 $ 1999 6059 117% 60,944 $ 288 600 52% 31,691 $ 6330022 Filter 06-30-2000 30 22.51 48,708 $ 36,547 $ 12,161 $ 2000 6221 112% 103,155 $ 276 360 23% 24,070 $ 6330023 Digester 06-30-2001 20 20 14,984 $ 14,984 $ - $ 2001 6343 108% 31,124 $ 264 240 0% - $ 6330024 Filter 06-30-2001 20 20 28,142 $ 28,142 $ - $ 2001 6343 108% 58,453 $ 264 240 0% - $ 6330025 Digester 06-30-2002 30 20.51 92,713 $ 63,386 $ 29,327 $ 2002 6538 102% 186,831 $ 252 360 30% 56,049 $ 6330026 Lines 06-30-2002 30 20.51 25,560 $ 17,475 $ 8,085 $ 2002 6538 102% 51,507 $ 252 360 30% 15,452 $ 6330027 WW-04 Lister Grinder & WW-08 Digester Mixer 06-30-2004 30 18.51 109,742 $ 67,713 $ 42,029 $ 2004 7115 85% 203,211 $ 228 360 37% 74,511 $ 6330028 WW-27 Title 22 Upgrades Design/NPDS Permit 06-30-2008 50 14.51 59,238 $ 17,193 $ 42,045 $ 2008 8310 59% 93,918 $ 180 600 70% 65,743 $ 6330029 WW-27 Title 22 Upgrades Design/NPDS Permit 06-30-2009 50 13.51 70,091 $ 18,941 $ 51,150 $ 2009 8570 54% 107,754 $ 168 600 72% 77,583 $ 6330030 WW-27 Title 22 Upgrades Design/NPDS Permit 06-30-2010 50 12.51 1,227,109 $ 307,062 $ 920,048 $ 2010 8799 50% 1,837,391 $ 156 600 74% 1,359,669 $ 6330031 WW-0009 WWTP Title 22 Upgrades 06-30-2011 50 11.51 61,741 $ 14,215 $ 47,526 $ 2011 9070 45% 89,684 $ 144 600 76% 68,160 $ 6330032 WW-0002 Recycled Water Expansion 06-30-2017 50 5.51 3,780,773 $ 416,581 $ 3,364,192 $ 2017 10737 23% 4,639,266 $ 72 600 88% 4,082,554 $ 6330033 WW-0003 Slurry Seal 07-01-2012 10 10 10,000 $ 10,000 $ - $ 2012 9308 42% 14,155 $ 132 120 0% - $ 6330034 WW-0006 Methane Capture 10-07-2013 50 9.24 131,400 $ 24,285 $ 107,115 $ 2013 9547 38% 181,334 $ 120 600 80% 145,067 $ 6330035 WW-4012 Equipment Replacement - Pumps & Motors 07-01-2012 10 10 65,269 $ 65,269 $ - $ 2012 9308 42% 92,386 $ 132 120 0% - $ 6330036 WW-0011 Joint Treatment Plant Office Mod 06-30-2020 50 2.51 71,089 $ 3,566 $ 67,523 $ 2020 11466 15% 81,688 $ 36 600 94% 76,787 $ Total WW Treatment Improvements 21,491,977 $ 10,456,114 $ 11,035,863 $ 60,359,994 $ 18,022,881 $ WW Treatment Land
Joint Treatment Capital Fund
6350001 Land 04-10-1956 100 0 1,653 $ - $ 1,653 $ 1956 692 1804% 31,476 $ 804 1200 33% 10,387 $ 6350002 Land 01-01-1980 100 0 3,438 $ - $ 3,438 $ 1980 3237 307% 13,991 $ 516 1200 57% 7,975 $ Total WW Treatment Land 5,091 $ - $ 5,091 $ 45,468 $ 18,362 $ 29 Appendix B – 10 Unit Multi Family Replacement Cost
Structure Information
Depreciation:
$1,679,752.09
$0.00
Total Replacement Cost: $1,679,752.09
Actual Cash Value:

Property Valuation
Base Valuation
Multi-Family Residence
Base Cost $1,595,512.09
RC: $1,595,512.09
($139.98 per SF)
($139.98 per SF)
(0%)
Square Feet: 12000 Number of Units: 10
Exterior Wall Type: Frame
Basic Cost General Description Value
Foundation Conventional crawl space, footing over 40” deep 143,596.09 Floor Structure Standard wood frame with irregular shape and changes in elevation. 191,461.45 Wood or light steel frame, decorative trim at entrance, plywood or stucco siding, simple framing plan.

Walls & Exterior Finish 191,461.45
Roof and Cover 4 ply built-up roof, some portions heavy shake or tile. 159,551.21 Windows and Doors Good quality vinyl or metal windows, residential grade doors. 79,775.61 Textured 1/2 inch gypsum board, several irregular walls or wall openings, few ornamental details, standard grade trim and wall molding.

Interior Finish 127,640.96
Hardwood or tile at entry, standard carpet in most rooms, sheet vinyl in kitchen and bath.

Floor Finish 79,775.61
Interior Features Separate dining area, good closet space, linen closet and small utility closet. 79,775.61 Bath Detail Better vanity cabinet and good wall cabinet. 63,820.48 8 LF of standard hardwood wall and base cabinets, acrylic top, 4 standard grade built-in appliances.

Kitchen 127,640.96
Recessed lighting in kitchen and living room, switched receptacles in bedrooms, wired for cable TV.

Electrical 159,551.21
Plumbing Three standard fixtures per bathroom, copper supply and plastic drain lines. 191,461.45 Description ExtCost
Additional Costs
Heating and Cooling Costs 84,240.00
Total Additional Costs $84,240.00
Craftsman National Building Cost Estimator
Development Impact
Fee and Capacity Fee
Study
Douglas Dove &
Michael DeGroot
Overview
2 Agenda
Overview 2005 Study
Legal
Requirements
Changes Since
2005
Proposed Fees &
Current Fees
Comparison
Presentation Title
3 2005
Development
Impact Fee and
Capacity Fee
Study

BACKGROUND
2005 Development Impact Fee & Capacity Fee
Study
5 • Allocated the value of new and existing capital facilities to new development. • Created new fees:
• Fees covering civic facilities, flood control projects, and parks. • Updated existing fees:
• Water and sewer capacity fees, traffic facilities fees, and affordable housing fees.
• The 2005 study also abided by California Government Code § 66000 • Requires that DIF revenue must be less than the value of facilities benefiting new development.
• Fee revenues can only be used to fund construction of the identified improvements.
2005: California Government Code § 66000
Procedural
Avoid commingling
of funds
Provide to the
public an annual
description of any
funds being held
Reimburse if funds
held too long
without spending
Substantive
Identify purpose and
use of the fee
Determine a
reasonable
relationship
between the fee’s
use and the type of
development paying
the fee
Determine a
reasonable
relationship
between the amount
of the fee and the
cost of the facility
being funded
6 2005: Methodology
Buy-In of Existing Capacity
+ Future Infrastructure
• In 2005, a certain amount
of capacity was available
in the existing system.

New connections were
required to pay a portion
of the overall system
value.
• In 2005, 14% of all
development was intended
to benefit future users.

Costs were allocated
accordingly.
• The 2005 study applied this
methodology to:
• Water capacity fee
• Sewer capacity fee
• Park and Recreation impact fee
• Public Safety impact fee
• Civic Facilities impact Fee
• Traffic Facilities impact Fee
• Drainage and Flood Control impact
Fee
• The Affordable Housing impact
fee used a different
methodology.
7 A common methodology used for capacity fees includes a Buy-In component and a Future Infrastructure component.

This is what the 2005 study went with for capacity fees and DIFs.

Current Legislation and
Rules Regarding DIFs …
8 What is a
Development
Impact Fee
DIFs
• Are for the purpose of covering the costs of
proposed new levels of service provided by
public facilities.
• It is NOT a tax or special assessment
DIFs Do Not Include
• Section 66477 fees (park offset fees);
• Processing fees;
• Section 65864 fees; nor
• Redevelopment project fees.
9 Statutory
Framework
Mitigation Fee Act
• Applies to a monetary exaction imposed by a
local agency as a condition of approval of a
development project to defray public facility
costs related to the project.
• Development project = projects where a permit
had to be issued.
• Public agency must establish:
• i) The fee’s purpose
• ii) That the fee’s use and the public’s need are
reasonably related to the type of development. It
cannot be imposed for general purposes.
10 Updates to
California Code §
66001, as amended
by AB 602
New Procedural Requirements
• 5-year accounting requirement: every five years
the agency must do an accounting of which
types of fees are being held for which upcoming
projects.
• Failure to comply requires the agency to
refund the money.
• If the agency has accrued sufficient funds to
fund the project, and does not do so for 180
days, they may be required to refund.
• Must include a CIP in the nexus study.
11 Updates to
California Code §
66001, as amended
by AB 602
New Substantive Requirements
• Agency must prepare and adopt an impact
nexus study to establish the reasonable
relationship.
• Nexus study must identify the existing level of
service for the public facilities funded by the
impact fee.
• Updates to methodology must include
consideration of already collected DIF revenues.
• Fees for residential development must be
imposed based on the square footage of the
proposed units; UNLESS the nexus study makes
specific findings that a different method of
apportionment will satisfy the proportionality
requirement.
• Some cases indicate that the “Buy-In”
Component of fees may not be allowable for
DIFs anymore. Only future capital costs can be
considered. 12
Proposed Fees &
Current Fees Comparison
13 Proposed Water Capacity Fee
14 Water Capacity Fee AWWA 3/4" Meter Ratio Proposed Fees Meter Size
3/4" 1.00 $4,662
1" 1.70 $7,925
1-1/2" 3.30 $15,383
2" 5.30 $24,706
3" 10.00 $46,616
4" 16.70 $77,848
6" 33.30 $155,231
8" 53.30 $248,463
Fire Line Capacity Fee
Size
2" 1.06 $4,942
3" 2.00 $9,324
4" 3.34 $15,572
6" 6.66 $31,050
8" 10.66 $49,699
$/Square Foot of Floor Area* 2,090 $2.23
*Median Single Family home size in Napa County 2,090 sq ft as of January 2023 Proposed Sewer Capacity Fee
15 Sewer Capacity Fee 3/4" AWWA Meter Ratio Fee
All Users*
3/4" 1.00 $10,795
1" 1.70 $18,351
1-1/2" 3.30 $35,622
2" 5.30 $57,211
3" 10.00 $107,945
4" 16.70 $180,269
6" 33.30 $359,458
8" 53.30 $575,348
Strength Categories Strength Factor
Low Strength Church, Schools, Group
Homes,

Water & Sewer
Two Options for both Water and Sewer Fees:
• BWA calculated the cost for an accessory dwelling
unit (“ADU”) based on the median single family home
size in Napa County of 2,090 square feet. BWA
proposed two options for charging ADU’s:
• Capacity Fee for ADU Option 1: Charge the
proposed Capacity Fees based on the square footage
of the proposed ADU.
• Capacity Fee for ADU Option 2: Charge the
proposed Capacity Fees only in the case that an
existing meter is upsized to accommodate an ADU.

Credit the account for the capacity fee value for their pre-existing meter size.
16 Proposed Fees & Current Fees Comparison
17 Fee Category
Water Capacity Fee $2.23 $4,662 $5,216
Sewer Capacity Fee 5.16 10,795 9,531
Civic Facilities Impact Fee 0.37 783 4,754
Drainage & Flood Control Impact Fee 0.13 263 785
Traffic Impact Fee 1.45 3,027 7,449
Parks and Recreation Impact Fee 0.35 726 1,818
Public Safety Impact Fee 0.00 0 749
Undergrounding of Utilities Fee 0.07 143 2,061
Community Projects Impact Fee 0.74 1,538 0
Affordable Housing Fair-Share Fee23 11.60 24,252 0
Total $22.10 $46,189 $32,363
1 - Examples shown based on 2,090 square feet of floor area & 3/4" water meter 2 - Existing affordable housing fee not imposed on residential development.
3 - Proposed fee not imposed until low income housing projects can be identified.

Current
Fees
Proposed Fee per
Single Family Home1
Proposed Fee per
Sq Ft of Floor Area
Thank you
Michael DeGroot
[email protected]
www.bartlewells.com
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: July 18, 2023
TO: Mayor and Town Council
FROM: Irene Borba, Planning & Building Director
PREPARED BY: Irene Borba, Planning & Building Director
SUBJECT:

Discussion and potential direction regarding Chapter 17.128 of the Yountville Municipal Code (YMC) Tree Preservation and Management.

DISCUSSION/BACKGROUND
At the June 20, 2023, Town Council meeting, the Council requested staff bring forward an item for discussion pertaining to Chapter 17.128 of the Yountville Municipal Code (YMC) Tree Preservation and Management.

Council requested background information on Chapter 17.128 and discussion on the procedures/process in place for tree removal permits.

It is the goal of the Town to foster a vibrant and healthy mixed-species urban forest. The preservation of trees enhances the natural beauty of the community, sustains the long-term potential increase in property values, helps create and retain the identity and quality of the Town which is necessary for successful business to continue, improves the attractiveness of the town to residents and visitors and maintains the natural ecology, and retains the tempering effect of extreme temperatures, prevents the erosion of topsoil, provides protection against flood hazards, and it contributes to the reduction in greenhouse gas emissions. For these reasons, the town has adopted standards and policies to preserve and manage its urban forest.

Purpose of Chapter 17.128
The purpose of Chapter 17.128 is to promote health, safety, welfare, and quality of life of the residents through the protection of specified trees on private property and the establishment of standards for removal, maintenance, and planting of trees throughout town. In establishing these procedures and standards, it is the Town’s intent and objective to encourage the preservation of trees. (Ord. 21-501)

PERMIT DECISION, CRITERIA, AND MITIGATION
The Town reviews and approves applications to remove protected trees, pursuant to Chapter 17.98 (Tree Preservation and Management) of the Yountville Municipal Code. A “protected tree” is defined as any of the following:
(1) A heritage tree (which is any tree identified in the Heritage Tree Survey). (2) Any native oak tree with a trunk that measures 10-inches DBH (Diameter at Breast Height). (3) Any tree with a trunk that measures 12-inches DBH or more, or a multi-stemmed perennial plant having an aggregate DBH of 20-inches or more.
(4) A tree shown to be preserved on an approved Development Plan or specifically required by the Town Council or Zoning and Design Review Board (ZDRB) to be retained as a condition of approval of an entitlement. (5) A tree required to be planted as a replacement tree.

The Town Council is the approval body for requests to remove a heritage tree or a protected native oak. If a tree removal request is to be jointly considered with any other application for a development entitlement, the Town Council or ZDRB shall render the decision, as appropriate. In all other cases, the Planning Department grants or denies the permit.

The criteria that are to be considered before a Tree Removal Permit may be issued, include the following:
(1) The condition of the tree(s) with respect to its health, imminent danger of falling or failure, proximity to existing structures, and interference with utility infrastructure. (2) The necessity of removing the tree(s) to allow for the reasonable use, enjoyment or development of the property.
(3) The age and size of the tree with regard to the appropriateness of the size of the area in which the tree is planted and/or whether its removal would encourage healthier, more vigorous growth of other plant material in the area.
(4) The effect of removal upon soil erosion or whether it will result in a significant diversion or increase in the flow of surface water.
(5) The number, species, size and location of other trees in the area and the effect removal will have upon the shade, privacy between properties, or scenic beauty of the area. (6) Whether reasonable mitigation measures that reduce a structural defect in a hazardous tree to a less-than significant level or hazard can be implemented.

When one or more of these criteria weigh in favor of removal, a Tree Removal Permit will be granted.

In all cases, to mitigate the loss of a protected tree, replacement trees in kind are required. In some circumstances, crowding or other physical constraints make it impossible or undesirable to replace a trees of equal value onsite. When replacement is not feasible, a fee is assessed to the applicant in-lieu of the cost of replacing the tree. In-lieu fees are established by the Town’s Master Fee Schedule and are currently $339 for a small replacement (up to 12-inch DBH), $607 for a medium replacement (13-inch to 24-inch DBH), $1,393 for a large replacement (25-inch to 36-inch DBH), and for a heritage tree, the amount is determined during the removal process.

In-lieu fees are placed into the Town’s Tree Planting and Preservation Fund. This fund is utilized by the Department of Public Works to plant trees along Hopper Creek and on property owned by the Town.

Replacement trees must be planted within 180 days of issuance of the tree removal permit. Staff calendars deadlines in the Master Planning Calendar and conducts inspections to close out Tree Removal Permits upon completion.

TREE PERMIT EXCEPTIONS
The YMC allows for certain Exceptions for which a tree permit is not required:

1. Prior to removal, the owner submits a tree report by a certified arborist certifying the tree as dead and receives approval from the Planning Officer.

2. The removal was specifically approved as part of a previously approved development entitlement.

3. The work performed is routine maintenance necessary for the health of the tree or protection of property, provided however, that non-routine maintenance shall be subject to fines and penalties.

4. Prior to removal the Planning Officer determines that the tree constitutes a hazard or threat to the public health and safety or property in the vicinity in cases where one or more of the following applies:

I. The tree or trees in question is dying, diseased or has been substantially damaged and will likely In the near term threaten the health and safety of persons or property improvements in the immediate vicinity and such disease or threat is verified in writing by a licensed tree surgeon or certified arborist. Prior history of poor maintenance affecting the tree may invalidate grounds for removal of an unhealthy tree; or
II. The tree or trees in question is classified as a pyrophyte, including Monterey Pine, Bishop Pine, Acacia, and Eucalyptus species; or
III. Tree removal or alteration is by a public agency or public utility to provide for the routine maintenance of public land or utilities; or
IV. Tree removal or alteration is by a homeowner or a homeowner’s association when it can be demonstrated that the tree is causing damage to a utility that cannot be relocated and mitigation measures are not feasible.

EMERGENCY TREE REMOVAL GRANTED
From time to time, an applicant may submit an arborist report that indicates a tree is an imminent hazard based on a structural condition that cannot be corrected, or a tree or portion of a tree unexpectedly comes down during a storm event or other calamity. In these cases, the Town works with the property owner on an expedited approval basis to allow the immediate removal of the tree to prevent or reduce the degree of damage.

TREE REMOVAL PROCEDURES
When a Tree Permit is requested, it is typical for an application to be submitted. The application requires the property owner’s signature, applicant information, and details about the tree(s) being removed such as the species and size, the location of the tree(s), and details of replacement tree(s). Staff may also recommend a report prepared by a certified arborist to provide insight into the tree’s health. Staff relies on experts such as a certified arborist to provide conclusions and recommendations on the health of the tree as well as mitigation measures such as replacement trees.

A decision Is made based on the information from the certified arborist report and within the parameters of the municipal code.

As noted above, a decision regarding a tree permit request heard by the Town Council or as part of a larger Design Review approval by ZDRB is typically publicly noticed. Requests for tree removals submitted that are reviewed administratively (staff level) are not publicly noticed; the neighbors are unaware that an approval has been granted for tree removal or trimming. A decision is made, (based on arborist report and requirements of the code) and associated conditions of approval are sent to the property owner/applicant.

OTHER PROCEDURES TO CONSIDER
In reviewing some of the Town’s current procedures for tree removal permits the Town Council can consider additional measures/step in the approval process for trees approved for removal administratively:
• A 10-day courtesy notice to inform property owners within 300’ of subject property that a tree removal or tree trimming request has been submitted for consideration. • As noted above, when one or more of the criteria weigh in favor of removal of a tree, a Tree Removal Permit will be granted. Council may want to consider reviewing the criteria for Tree Removal Permits. • The Town to Contract with a Certified Arborist to either conduct a peer review of the arborist report to provide a second opinion or recommendation. Or alternatively, contract with a Certified Arborist to perform the site inspection and review of the request and develop a mitigation plan for the requested tree removal. All costs would be paid for by the property owner/applicant. Either of these would provide an impartial analysis of the requested tree permit as they would be acting on behalf of the Town and not the property owner.
• Tree removal requests can be viewed on OpenGov if the address is known the public can see if a Tree Permit has been applied for a specific property. Alternatively, or in addition to accessing OpenGov, staff could create something on the website that shows applications for tree removal requests. • Town staff can provide educational information that is up-to-current with the to code requirements for Tree Permits.

OTHER MUNICIPALITIES
• Review in more detail other municipalities processes and procedures for tree permits for possible future modifications to Chapter 17.128.
• City of Calistoga https://www.codepublishing.com/CA/Calistoga/#!/html/Calistoga19/Calistoga1901.html • City of St. Helena https://www.codepublishing.com/CA/StHelena/#!/html/StHelena12/StHelena1224.html • City Napa https://library.qcode.us/lib/napa_ca/pub/municipal_code/item/city_of_napa_municipal_codetitle_12-chapter_12_44-12_44_030 • Update YMC Heritage Tree list.

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? No

Briefly Explain Relationship to Strategic Plan 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. The Towns removal process ensures that appropriate consideration is given to each request to remove a tree in order to maintain the Town's urban forest.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Provide direction to staff regarding Chapter 17.128 of the Yountville Municipal Code (YMC) Tree Preservation and Management.

Yountville City CouncilJuly 18, 2023

Yountville City Council
July 18, 2023