Agenda packet — Yountville City Council, August 1, 2023 (part 2 of 3)

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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, tis elected officials, officers, employees, and agents free and harmless form 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 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.

PSA: _______________
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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 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.

PSA: _______________
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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.

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:

PSA: _______________
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• Certificate of Insurance, indicating companies acceptable to Town, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference [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:
• Products Comp/Op Aggregate
• Personal & Advertising Injury
• Each Occurrence
• Fire Damage (any one fire)
• Medical Expense (any 1 person)
• Workers' Compensation:
• Workers' Compensation
• EL Each Accident
• EL Disease - Policy Limit
• EL Disease - Each Employee
$4,000,000
$1,000,000
$1,000,000
$2,000,000
$ 50,000
$ 5,000
Statutory Limits
$1,000,000
$1,000,000
$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

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 Water & Wastewater Regulatory
PSA: _______________
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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 two 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.

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 PSA: _______________
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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. Consultant 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: [insert department or individual], 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.

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
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 [email protected] [email protected] John Ferons, PW Director Larry Walker Associates Public Works 1480 Drew Ave Ste 100 Davis, CA 95618 530-753-6400 John Ferons, PW Director 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.

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.

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.

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. 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: _______________
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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.

18.10. 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 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.

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:________________________________
“Consultant”
____________________________
By:________________________________
Larry Walker Associates
PSA: _______________
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Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
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:________________________
Town of Yountville (FY 2023/24-2027/28)
Scope of Services page 1 of 6 June XX, 2023

Town of Yountville
Professional Services by Larry Walker Associates
Scope of Services and Cost Estimate
Wastewater, Recycled Water, and Potable Water
Regulatory Assistance
(July 1, 2023 through June 30, 2028)
The Town of Yountville (Town) operates a sewage collection system, a Wastewater Reclamation Facility (WRF), a recycled water distribution system, and potable water distribution system. The Town’s sewage collection system is regulated under Waste Discharge Requirements (WDRs) issued by the State Water Resources Control Board (Order WQ 2022-0103-DWQ). Operation of the WRF and discharges to the Napa River are regulated under two NPDES permits. Order No.

R2-2020-0026 (NPDES Permit No. CA0038121) includes general requirements for WRF operation and discharge while Order No. R2-2022-0038 (NPDES Permit No. CA0038849) includes specific requirements to control discharges of mercury and PCBs. The Town’s recycled water program is regulated under the State Water Resources Control Board Order WQ 2016-0068- DDW, Water Recycling Requirements for Recycled Water Use (WRRs) and the Notice of Applicability (NOA) effective April 8, 2020. The NPDES permits and the NOA were issued by the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) which also conducts enforcement for permit compliance. Operation of the Town’s potable water system is regulated under Domestic Water Supply Permit No. 02-03-11P2810007 issued by the State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW). Emergency discharges from the Town’s potable water system are regulated under the Statewide NPDES permit for Drinking Water System Discharges to Waters of the U.S. Order WQ 2014-0194-DWQ (General Order No. CAG140001) issued by the State Water Board Division of Water Quality (DWQ).

The Town has requested a scope of services and cost estimate from Larry Walker Associates (LWA) to continue wastewater, recycled water, and potable water regulatory assistance from July 1, 2023 through June 30, 2028. Among other recurring tasks such as regulatory advice and reporting, this period of work is expected to include collaborative Napa River monitoring, reissuance of the WRF NPDES permit, implementation of new chronic toxicity requirements, and updates to the Town’s Sewer System Management Plan. A detailed description of the efforts requested by the Town and a cost estimate are provided below.

WASTEWATER REGULATORY ASSISTANCE
Regular Activities
The Town must submit monthly (due by 30th day of the following month) and annual selfmonitoring reports (due by February 1st) to describe compliance with NPDES permit provisions.

The reports include monitoring results (influent, effluent, Napa River), WRF operational changes, and a discussion of compliance with permit requirements. LWA staff will assist Town staff with Town of Yountville (FY 2023/24-2027/28)
Scope of Services page 2 of 6 June 30, 2023
database management and monthly California Integrated Water Quality System (CIWQS) data reporting requirements in compliance with adopted orders. Additionally, when requested, LWA will review water quality data, answer questions posed by Town staff, and edit draft reports/cover letters to ensure completeness and identify issues of concern.

The NPDES permit requires implementation of a pollution prevention program and submittal of annual pollution prevention reports (due by February 28th) on program effectiveness. Pollution prevention activities are undertaken to reduce pollutants of concern in the WRF influent. The pollutants of concern are identified by the Town and the Regional Water Board and include any constituents that could cause or contribute to an exceedance of water quality objectives in the Napa River. LWA developed the Town’s Pollution Prevention Program and has assisted Town staff in preparing its annual reports since 2011. LWA will review activities undertaken by the Town during each calendar year and prepare a draft version of the report for Town staff review and approval.

The collection system WDRs require spill reporting, receiving water monitoring (depending on spill size), collection system annual reports, and triennial internal audits and subsequent updates of the Town’s Sewer System Management Plan (SSMP). As needed, LWA will review draft spill reports and collection system annual reports to ensure completeness and identify issues of concern.

The most recent internal audit was conducted in 2022. LWA will conduct the 2025 internal audit and subsequent 2026 SSMP update. This will be the Town’s first SSMP audit/update under requirements in the 2022 WDRs. The effort is described in details below under Special Wastewater Activities During Contract Term.

LWA will provide regulatory advice and assist with negotiations in response to enforcement activities initiated by the Regional Water Board. In addition, LWA will attend industry association meetings (as needed), review regulatory agency websites, and monitor email notices to identify and understand proposed changes to water quality policies and/or regulations. Pertinent information obtained from that research will be provided to the Town through email updates or distribution of meeting notes. Applicable meetings and websites are expected to include those sponsored by the Bay Area Clean Water Agencies (BACWA), the Regional Water Board, the State Water Board, and the California Association of Sanitation Agencies (CASA).

Special Wastewater Activities During Contract Term
Napa River Collaborative Monitoring (FY 2023/24). The NPDES permit requires monitoring of the Napa River upstream and downstream of the WRF outfall once during the permit term.

Samples are collected during the discharge season (November to May) and analyzed for priority pollutants, drinking water parameters, and agricultural constituents of concern. The water quality data are used by the Regional Water Board to perform reasonable potential analyses and to calculate effluent limitations for the next NPDES permit. LWA recommends conducting this monitoring during the 2023/2024 discharge season to ensure plenty of time to include the results in the WRF NPDES permit application (Report of Waste Discharge, ROWD) that is due March 1, 2025.

Since 2002, Napa River monitoring has been conducted through a collaborative effort funded by the City of Calistoga, City of St. Helena, and the Town of Yountville. The three dischargers have agreed to collaboratively fund the effort to collect samples, obtain the required analytical results, and assemble a representative dataset to be used for all three agencies’ NPDES permits. LWA will collect the samples, deliver the samples to the analytical laboratory, specify analytical procedures Town of Yountville (FY 2023/24-2027/28)
Scope of Services page 3 of 6 June 30, 2023
to be used by the laboratory, review the data and quality control procedures, and summarize the results in a technical memorandum for all three dischargers.

Chronic Toxicity Species Screening Work Plan (FY 2024/25). The Statewide Toxicity Provisions1 will be implemented in the next WRF NPDES permit. As a result, acute toxicity testing will be replaced with chronic toxicity testing and triggers will be specified for survival and sub-lethal endpoints. In preparation, a species sensitivity screening is required to determine the most sensitive species for future compliance monitoring. LWA will develop a species screening work plan for submittal to the Regional Water Board for approval. When the work plan is approved, species screening will be conducted by a toxicity testing laboratory under separate contract with the Town. The toxicity laboratory will evaluate the results and recommend a compliance test species in a final species screening report. When the Regional Water Board agrees with the results, the recommended species will be identified in the reissued NPDES permit along with a required monitoring frequency and responses if triggers are exceeded.

NPDES Permit Reissuance (FY 2024/25 and FY 2025/26). The application for WRF NPDES permit reissuance (ROWD package) must be submitted to the Regional Water Board by March 1, 2025. LWA will identify required information for the ROWD package; assemble, review and edit available materials; and complete the required forms. The permit application is expected include the state and federal forms (EPA Form 2A and Form 2S, California Form 200), Effluent Characterization Report, Receiving Water Characterization Report, Chronic Toxicity Species Screening results, and other supporting documentation requested by the Regional Water Board.

LWA will prepare a cover letter to outline the contents of the application package, summarize activities planned or undertaken to improve the collection system and the WRF, address data invalidation and potential effluent compliance problems, and propose strategies to resolve issues (as needed). A draft ROWD package will be prepared for Town review and comment prior to submittal to the Regional Water Board. The final cover letter will be produced on Town letterhead, the cover letter and the forms must be signed by a Town official.

The NPDES permit is tentatively proposed for adoption in October 2025. LWA will communicate with Regional Water Board staff and Town staff on a regular basis during the permit reissuance process. Communication may be needed to clarify results provided in the permit application, discuss operational procedures, identify compliance issues, and negotiate permitting approaches.

In particular, LWA will work with the Town and Regional Water Board to implement chronic toxicity monitoring and compliance requirements under the Statewide Toxicity Provisions. As needed, LWA will update the 2010 Mixing Zone Study2 to support dilution credits (implemented as the Instream Waste Concentration, IWC) for chronic toxicity compliance testing.

As the new permit is developed, LWA will review the Administrative Draft (internal version) to ensure proper implementation of regulations and policies and to identify any operational concerns.

In consultation with Town staff, LWA will prepare written comments on the Administrative Draft permit using “Track Changes” to indicate the proposed modifications and “inserted comments” to provide a rationale for the changes. An edited version of the Administrative Draft will be provided 1 “State Policy for Water Quality Control: Toxicity Provisions,” adopted by the State Water Resources Control Board on December 1, 2020 and revised by the State Water Resources Control Board on October 5, 2021. Approved by the U.S. EPA on May 1, 2023. 2 “Town of Yountville Effluent Mixing Zone/Dilution Credit Study,” February 25, 2010. Prepared by Larry Walker Associates.

Town of Yountville (FY 2023/24-2027/28)
Scope of Services page 4 of 6 June 30, 2023
to the Town for review/discussion prior to submittal to Regional Water Board staff for their consideration. LWA will review the Tentative Order NPDES permit (public version) to verify inclusion of Administrative Draft comments and ensure proper implementation of regulations and policies. In consultation with Town staff, LWA will identify issues of concern in the Tentative Order and develop an approach for the comment letter. Formal written comments are recommended to request revisions and lay groundwork for an appeal if the requested revisions are not made. LWA will prepare a draft comment letter to provide precedents and regulatory citations to justify requested changes. The draft comment letter will be provided to the Town for review/approval and production on Town letterhead.

It is beneficial for Town staff to attend the permit adoption hearing and either (1) express support for the permit as-is and praise assistance from Regional Water Board staff; (2) express objection to specific and significant provisions (possibly reaching an agreement with Regional Water Board staff and Board members that was not possible without the pressure of a public forum); or (3) counter comments from other entities that may be introduced during the public hearing. LWA will work with Town staff to identify potential comments for the hearing. As needed, LWA will also attend the permit adoption hearing and provide technical support to the Town. LWA will review the final, adopted order to identify changes or mistakes that could render the content of a particular provision different than originally intended. LWA will then compile a list of special studies, status reports, and monitoring requirements and prepare a schedule and compliance plan to help the Town keep track of required activities during the 5-year permit term. A draft version of the compliance plan will be submitted to Town staff for review and approval prior to finalizing.

SSMP Audit and Update for Compliance with 2022 Collection System WDRs (FY2025/26).

Under the 2022 collection system WDRs, the Town is required to perform an internal audit of its SSMP every 3 years and the next audit must be completed by November 2, 2025. For this task, LWA will review the current SSMP to ensure it meets requirements specified in the 2022 collection system WDRs and recommend revisions that may be needed to align the SSMP with the new requirements. As part of the internal audit, LWA will also assess the overall effectiveness of the Town’s collection system management program. LWA will analyze, tabulate, and graph historical information on the program metrics and evaluate the SSMP content/approach. The internal audit report will describe deficiencies and recommendations for improving the SSMP. In consultation with Town staff and the audit recommendations, LWA will help revise the SSMP by May 2, 2026, the deadline specified in the 2022 collection system WDRs.

RECYCLED WATER REGULATORY ASSISTANCE
Regular Activities
In accordance with the NOA and the WRRs, the Town must submit an annual recycled water (due by April 30th) report to describe compliance with the recycled water permit. The report includes a detailed accounting of recycled water use, types of uses, tabular/graphical summaries of monitoring data, user site inspections/enforcement, changes to the recycled water program, and a discussion of compliance with permit requirements. LWA will prepare draft annual reports for review by Town staff and address comments/edits in the final submittal to the Regional Water Board. In addition, the Town must submit an annual volumetric report to the online database GeoTracker (due by April 30th) to document volume of influent received, effluent treated, and effluent discharged or recycled. LWA will complete the annual volumetric report and provide screenshots for the Town’s review prior to online submittal.

Town of Yountville (FY 2023/24-2027/28)
Scope of Services page 5 of 6 June 30, 2023
LWA will provide regulatory advice and assist with negotiations in response to enforcement activities initiated by the Regional Water Board. In addition, LWA will attend association meetings (as needed), review regulatory agency websites, and monitor email notices to identify and understand proposed changes to recycled water policies and/or regulations. Pertinent information obtained from that research will be provided to the Town through email updates or the distribution of meeting notes. Applicable meetings are expected to include those sponsored by the Bay Area Clean Water Agencies (BACWA), the Regional Water Board, the State Water Board, and the California WateReuse Association.

Special Recycled Water Activities During Contract Term
At the time of preparing this scope of services, no special recycled water activities are anticipated.

POTABLE WATER REGULATORY ASSISTANCE
Regular Activities
The Town must submit periodic reports to DDW to comply with its Domestic Water Supply Permit. The permit specifies operating conditions including monitoring and reporting requirements for the domestic water system. The permit was reissued in 2014 with expanded requirements based on the reclassification of the Town’s domestic water system as a “Community Water System.” The Town also has monitoring and reporting requirements under the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S. The Statewide permit is a general permit that covers some planned discharges and most emergency discharges from potable water pipelines, tanks, reservoirs, and water treatment plants. LWA will review operational information, provide advice on compliance issues, communicate with DDW (as requested by the Town), and review/edit draft regulatory reports prepared by Town staff.

LWA will provide regulatory advice and assist with negotiations in response to enforcement activities initiated by DDW. In addition, LWA will review regulatory agency websites, attend regulatory agency meetings (as needed), and monitor email notices to identify and understand proposed changes to drinking water policies and/or regulations. Pertinent information obtained from that research will be provided to the Town through email updates or the distribution of meeting notes.

Special Potable Water Activities During Contract Term
At the time of preparing this scope of services, no special potable water activities are anticipated.

COST ESTIMATE
The estimated costs for Wastewater, Recycled Water, and Potable Water Regulatory Assistance over the next 5 fiscal years are itemized by task in the following table. The costs are based on LWA’s standard billing rates which are adjusted annually on July 1st of each year.

Town of Yountville (FY 2023/24-2027/28)
Scope of Services page 6 of 6 June 30, 2023
Estimated Costs for Town of Yountville Wastewater, Recycled Water, and Potable Water Regulatory Assistance, FY 2023/24 to FY 2027/28
Task Labor Costs Direct Costs1 Total Costs
A - Wastewater Regulatory Assistance
A.1 Monthly and Annual SMRs $67,100 $67,100
A.2 Pollution Prevention Program Annual Reports $23,300 $23,200 A.3 Regulatory Advice, Policy Updates,
Enforcement Assistance
$22,300 $22,300
A.4 Collaborative Napa River Monitoring $19,300 $6,000 $25,300 A.5 Chronic Toxicity Species Screening Work
Plan, Mixing Zone Study Update
$16,800 $16,800
A.6 Report of Waste Discharge, NPDES Permit
Reissuance
$30,600 $100 $30,700
A.7 Collection System Reporting and WDRs
compliance, including SSMP Internal Audit
and SSMP Update
$23,200 $23,200
Subtotal Task A $202,500 $6,100 $208,600
B – Recycled Water Regulatory Assistance
B.1 Annual Recycled Water Reports $27,500 $27,500
B.2 Regulatory Advice, Policy Updates,
Enforcement Assistance
$7,500 $7,500
Subtotal Task B $35,000 $0 $35,000
C – Potable Water Regulatory Assistance
C.1 Compliance Reports as required by Drinking
Water Permits or DDW
$14,500 $14,500
C.2 Regulatory Advice, Policy Updates,
Enforcement Assistance
$6,900 $6,900
Subtotal Task C $21,400 $0 $21,400
Total Project Costs $258,900 $6,100 $265,000
1Direct costs include transportation, supplies, and laboratory analyses. Napa River collaborative monitoring costs are adjusted based on anticipated contributions by St. Helena and Calistoga.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7G
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

Adopt Resolution Number 23-4224 Approving Amendment No. 2 to Contract with Napa County for Fire Protection Service and Authorizing the Town Manager Execute Agreement.

DISCUSSION/BACKGROUND
The Napa County Fire Department contracts with the California Department of Forestry and Fire Protection (CAL FIRE), for personnel for its fire protection services in addition to nine volunteer fire departments that operate under a County Fire Plan and are supported by the County. The County contracts with the Town of Yountville and the California Veterans Home to provide fire protection services to those jurisdictions.

The Town of Yountville and Napa County entered into an agreement for the County to provide the Town fire protection services on July 1, 2012. The Town and the County executed Amendment No. 1 to that agreement July 1, 2018, increasing the compensation for provision of the necessary fire protection service.

Fire Protection Services in the Yountville area are provided through a three-way cost share between the County, the Town of Yountville, and the Veterans Home. The agreement provides for the Town’s share of staffing, including fire suppression, fire prevention, rescue, emergency medical service, and all life safety hazards as well as operating the Yountville Station. This amendment will revise the current agreement and allow budgeting for increased staffing.

For the Fiscal Year 2023-2024, station staff will increase, going from the current 1 Captain and 11 Fire Apparatus Engineers to 1 Battalion Chief, 4 Captains, and 11 Fire Apparatus Engineers for a contract maximum of $1,495,233 for fire protection services and $30,000 for engine replacement. Fiscal Year 2024 - 2025 station staff will increase, adding 2 Captains and 1 Fire Apparatus Engineers for a total of 1 Battalion Chief, 6 Fire Captains, and 12 Fire Apparatus Engineers for a contract maximum of $1,759,976 for fire protection services and $30,000 for engine replacement. Future year adjustments beyond Fiscal Year 2024-25 will be negotiated with representatives of the Town.

The agreement is written as a contract maximum amount; however, the Town of Yountville is only billed as services are rendered.

ENVIRONMENTAL REVIEW
Not Applicable

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Entering into an agreement with Napa County for fire protection services is considered a high-quality municipal service essential to the safety and benefit of the Yountville Community.

RECOMMENDATION
Adopt Resolution Number 23-4224 Approving Amendment No. 2 to Contract with Napa County for Fire Protection Service and Authorizing the Town Manager Execute Agreement.

Town of Yountville
Resolution Number 23-4224

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE APPROVING AMENDMENT NO. 2 TO CONTRACT WITH NAPA COUNTY FOR FIRE

PROTECTION SERVICE AND AUTHORIZING THE TOWN MANAGER EXECUTE AGREEMENT.
___________________________________________________________________________ Recitals
A. The Town of Yountville and Napa County entered into an agreement for the County to provide the Town fire protection services on July 1, 2012.

B. The Town and the County executed Amendment No. 1 to that agreement July 1, 2018, increasing the compensation for provision of the necessary fire protection.

C. The Town continues to need fire protection services from Napa County Fire Department and Napa County is willing to and able to continue to provide such services.

D. The County and the Town now need to amend the Agreement to extend the term, update the scope of work and increase compensation rates.

E. The agreement is written as a contract maximum amount; however, the Town of Yountville is only billed as services are rendered.

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

1. Approve the attached Amendment No. 2 to the Napa County/Town of Yountville Fire Protection Services Agreement.

2. Authorize the Town Manager to execute Amendment No. 2.

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 1st day of August 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
AMENDMENT NO. 2
NAPA COUNTY AGREEMENT NO. 180316B

PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2 ("Amendment No. 2") TO AGREEMENT NO. 180316B is made and entered into as of this 1st day of July, 2023, by and between NAPA COUNTY, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and TOWN OF YOUNTVILLE, a municipal corporation, hereinafter referred to as "TOWN."

RECITALS
WHEREAS, COUNTY and TOWN entered into Agreement No. 180316B ("Agreement") as of July 1, 2012, whereby COUNTY agreed to provide fire protection services to TOWN;and
WHEREAS, on or about July 1, 2018, COUNTY and TOWN entered into Amendment No. 1 to the Agreement to increase maximum compensation; and WHEREAS, TOWN continues to need fire protection services from the Napa County Fire Department and COUNTY is willing to and able to continue to provide such services; and WHEREAS, COUNTY and TOWN now wish to amend the Agreement to extend the term and update the scope of work and compensation rates.

TERMS
NOW, THEREFORE, COUNTY, acting through its Board of Supervisors, and TOWN hereby amend Agreement No. l 80316B, as follows:

1. Paragraph 1 of the Agreement is hereby amended to read in full as follows:

Term of the Agreement. The term of this Agreement shall commence on July 1, 2012, and shall expire on June 30, 2024, unless terminated earlier in accordance with Paragraphs 9 (Termination for Cause), 10 (Other Termination), or 23(a) (Covenant ofNo Undisclosed Conflict); except that the obligations of the parties under Paragraphs 7 (Insurance) and 8 (Indemnification) shall continue in full force and effect after said expiration date or early termination in relation to acts or omissions occurring prior to such dates during the term of the Agreement, and obligations of TOWN to COUNTY shall also continue after said expiration date or early termination in relation to the obligations prescribed by Paragraphs 15 (Confidentiality), 20 (Taxes), and 21 (Access to Records/Retention). The term of this Agreement shall be automatically renewed for an additional year at the end of each fiscal year, under the terms and conditions then in effect, unless either party gives the other party written notice of intention not to renew no less than thirty (30) days prior to the expiration of the then current term. For purposes of 1 AMENDMENTNO.2TONAPA C OUNTY AGREEMENTNO. 180316B
YOUNTVILLE TOWN FIRE SER VICES [Pl No. 92964]
this Agreement, "fiscal year" shall mean the period commencing on July 1 and ending on June 30.

2. Paragraph 2 of the Agreement is hereby amended in full to read as follows:

Scope of Services. COUNTY shall provide TOWN those services set forth in Exhibit "A-1," attached hereto and incorporated by reference herein. Exhibit "A" is rescinded and replaced in full by Exhibit "A-1."

3. Paragraph 3 of the Agreement is hereby amended to read in full as follows:

Compensation. TOWN shall compensate COUNTY for the operations, maintenance, equipment replacement costs incurred by COUNTY when providing the services described in Exhibit "A-1" in the amounts set forth in Exhibit "B-2, attached hereto and incorporated by reference herein. Exhibits "A," "B," and "B-1" are rescinded and replaced in full by Exhibits "A-1" and "B-2."

4. Electronic Signatures. This Amendment No. 2 may be executed by electronic signature(s) and transmitted in a portable document format ("PDF") version by email and such electronic signature(s) shall be deemed original for purposes of this Amendment No. 2 and shall have the same force and effect as a manually executed original.

5. This Amendment No. 2 shall be effective as of the date first written above.

6. Except as provided in 1 through 5 above, the terms and provisions of the Agreement shall remain in full force and effect as originally approved and last amended. [Remainder of page left blank intentionally; signature page follows.] 2 AMENDMENT NO. 2 TO NAPA COUNTY AGREEMENT NO. 180316B
YOUNTVILLE TOWN FIRE SERVICES [Pl No. 92964]
IN WITNESS WHEREOF, this Amendment No. 2 was executed by the parties hereto as of the date first above written.

APPROVED AS TO FORM
Office of County Counsel
By: Shana A. Bagley {e-sign)
County Counsel
Date: June 21, 2023

TOWN OF YOUNTVILLE
By _________________ _
BRAD RAULSTON, Town Manager
"TOWN"
NAPA COUNTY, a political subdivision of
the State of California
"COUNTY"
APPROVED BY THE NAPA COUNTY ATTEST: NEHA HOSKINS

BOARD OF SUPERVISORS
Date: -::S,.,,C\.e c:)3-, �CA⇒ B L' �!--}J,..��-�
Processed By:
3 AMENDMENT NO. 2 TO NAPA COUNTY AGREEMENT NO. 180316B
YOUNTVILLE TOWN FIRE SERVICES [PL No. 92964]
EXHIBIT A-1

SCOPE OF WORK
COUNTY shall provide the following services:

I. Fire Protection Services
A. COUNTY shall provide fire protection services to TOWN and keep the Yountville Fire Station open and operational. "Fire protection services" shall include fire suppression, fire prevention, rescue, emergency medical service, and all life safety hazards.

B. Staffing will be assigned at the discretion of COUNTY's Fire Chief, so as to assure a sixperson response, seven days a week, 24 hours a day.

C. COUNTY shall provide "move up and cover" with County resources if regularly assigned resources are unavailable or committed to another incident for an extended duration.

D. COUNTY'S annual Cooperative Fire Services Agreement with the California Department of Forestry and Fire Protection, including but not limited to, the provisions relating to identification of Yountville Station staffing and the costs related thereto, is hereby incorporated by reference herein.

II. Additional Snvices. COUNTY shall provide the following additional services, at no additional cost, to TOWN, as needed:
• Hazardous Materials Response Team with equipment (Level A) · • Technical Rescue T earn
• Fire Investigation Services
• Emergency Dispatch Service
• Fire Department Administration and Chief Officer Coverage III. Fire Prevention Services
Public Education Programs: COUNTY shall assist TOWN in providing public education programs and materials for fire prevention education and other public safety awareness programs. COUNTY Fire Department shall include the Yountville School in its Fire Prevention Education program.

Fire Marshal Services: COUNTY shall provide plan review and inspection services to TOWN.

All fees for plan review and inspection services shall be paid to the COUNTY by the project applicant or the property owner at the rate set in the COUNTY's Fee Policy. State-mandated business inspections shall be completed annually by the COUNTY. All fees for inspections services shall be paid by the business or property owner at the rate set in the COUNTY's Fee Policy.

COUNTY shall assist the TOWN by providing recommendations for the triennial adoption of the model building and fire codes.

EXHIBIT A-1 TO AMENDMENT NO. 2 TO NAPA COUNTY AGREEMENT NO. 180316B YOUNTVILLE TOWN FIRE SERVICES [PL No. 92964]
At the request of TOWN, additional Fire Marshal services can be provided at the hourly rate set annually by COUNTY.

IV. ADJUSTMENTS IN THE LEVEL OF SERVICE. TOWN and COUNTY acknowledge that the level of service to be provided by COUNTY, as outlined above, is dependent upon the continued participation by both TOWN and the Veterans Home of the State of California in the funding of the Operations and Maintenance costs of the Yountville Fire Station. Upon any reduction in TOWN and/or the Veterans Home's contribution, this Agreement shall be subject to renegotiation as to scope of services or compensation or both.

EXHIBIT A-1 TO AMENDMENT NO. 2 TO NAPA COUNTY AGREEMENT NO. 180316B YOUNTVILLE TOWN FIRE SERVICES [PL No. 92964]
EXHIBIT "B-2"

COMPENSATION AND EXPENSE REIMBURSEMENT
A. Compensation for Operation and Maintenance
TOWN shall pay COUNTY the following annual fees to cover the cost to COUNTY of operations and maintenance required to provide the services required of COUNTY under this Agreement:

FISCAL YEAR OPERATIONS AND ENGINE

MAINTENANCE REPLACEMENT
FY 2023/2024 $1,495,233 $30,000
FY 2024/2025 $1,759,976 $30,000
For FY 2023/2024, the maximum payment for services will be ONE MILLION FOUR

HUNDRED NINETY FIVE THOUSAND TWO HUNDRED THIRTY THREE DOLLARS ($1,495,233), except that such amount shall not be construed as guaranteed sums, and compensation shall be based upon services actually rendered and an additional THIRTY THOUSAND ($30,000) for engine replacement.

For FY 2024/2025, the maximum payment will be ONE MILLION EIGHT HUNDRED FORTY FOUR THOUSAND TWO HUNDRED FIFTY FIVE DOLLARS ($1,844,255) except that such amount shall not be construed as guaranteed sums, and compensation shall be based upon services actually rendered and an additional THIRTY THOUSAND ($30,000) for engine replacement.

B. Engine Replacement Cost Participation Included in Annual Fee It is agreed by the parties to this Agreement that for fiscal year 23/24 through fiscal year 24/25, TOWN will be paying one third of one-tenth of the estimated cost of the replacement of Engine 12 and that this amount is included in the annual fees set forth in Paragraph (A) above.

C. Payments and Credits
TOWN shall pay the annual fees on a semi-annual basis, in arrears, upon presentation of invoices to TOWN by COUNTY. In preparing the invoice for the first semi-annual payment each fiscal year, COUNTY shall credit against the sum due the amount of structural fire tax collected or to be collected by COUNTY from within the TOWN limits during the then-current fiscal year, as determined by the Napa County Auditor-Controller and Napa County Treasurer-Tax Collector.

EXHIBIT B-2 TO AMENDMENT NO. 2 TO NAPA COUNTY AGREEMENT NO. 1803168 YOUNTVILLE TOWN FIRE SERVICES [PL No. 92964]
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7H
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Samantha Holland, Parks & Recreation Director
PREPARED BY: Samantha Holland, Parks & Recreation Director SUBJECT:

Adopt Resolution Number 23-4227 Approving Amendments to the Yountville Parks and Recreation Advisory Commission Bylaws.

DISCUSSION/BACKGROUND
The Parks and Recreation Advisory Commission discussed the difficulties in filling the High School Voting Member position on the Commission at the March 2023 Commission Meeting. The Commission shared ideas to increase interest and discussed amending the bylaws to open the student position to Middle or High School grade students.

At the July 2023 Parks and Recreation Commission Meeting the Commission voted to approve amending bylaw Article V: Memberships Section A. and D. The last line of section D is a clean-up as all terms do not commence in January.

A. The Commission shall consist of Five (5) voting community representatives and one (1) voting Middle or High School Student advisory member. Members shall meet any one or more of the following criteria:

D. All seats shall be appointed by the Town Council and are appointed to two-year terms with the exception of the student advisory member that shall serve a one-year term. Members may continue to serve until a successor is appointed by the Town Council. Incumbents wishing to reapply will be reinterviewed and subject to reappointment by the Town Council. Terms will commence in January of each year.

ENVIRONMENTAL REVIEW
Not Applicable

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Indirectly
If yes, Identify Strategic Goal and Objective. Engaged Residents: 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. By amending the bylaws to allow for Middle and High School grade student members on the Parks and Recreation Advisory Commission, the Town encourages further participation and civic engagement.

RECOMMENDATION
Adopt Resolution 23-4227 Approving Amendments to the Bylaws of the Yountville Parks and Recreation Advisory Commission.

Town of Yountville
Resolution Number 23-4227

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE

APPROVING AMENDMENTS TO THE YOUNTVILLE PARKS AND RECREATION

ADVISORY COMMISSION BYLAWS
___________________________________________________________________________ Recitals
A. The Park and Recreation Advisory Commission has had difficulties recruiting and retaining a student member on the Commission.

B. The Commission reviewed the bylaws and discussed opening the student position to both Middle and High School grade members.

C. The Commission unanimously approved amending bylaws Article V, sections A and D at the July 20, 2023 meeting as follows:

D. All seats shall be appointed by the Town Council and are appointed to two-year terms with the exception of the student advisory member that shall serve a one-year term. Members may continue to serve until a successor is appointed by the Town Council. Incumbents wishing to reapply will be re-interviewed and subject to reappointment by the Town Council.

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

A. Approve the amendments to the Parks and Recreation Advisory Commission Bylaws.

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 1st day of August 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
Adopted by Council 6-2-2009 by #2792-09; Revised 03-05-13 by #3096-13 1 Town of Yountville
Parks and Recreation Advisory Commission

GUIDELINES AND BY-LAWS
ARTICLE I: NAME
A. The name of this group shall be the Parks and Recreation Advisory Commission (hereinafter referred to as "Commission").

ARTICLE II: HISTORY
A. The Commission was established by Town Council Resolution No. 2731-08 on 11/18/08.

ARTICLE III: PURPOSE
A. The Parks and Recreation Advisory Commission serves in an advisory capacity to the Town Council in matters pertaining to the development of parks and recreation facilities, recreation and youth services, senior citizens and human services, library services, grants or other funding, and other matters as may be referred to the Commission by the Town Council or Town Manager from time to time. No decision by the Commission is final and binding unless approved by the Town Council or unless authority for the decision has been granted to the Commission provided by the Town Ordinance.

ARTICLE IV: RESPONSIBILITIES
A. The Commission's objectives include, as necessary:

1. Be the principal advisor to the Town Council, Town staff and other boards, commissions, committees and departments of the Town in all matters pertaining to parks, public recreation, library services, facilities, historical activities, senior citizen, youth and teen activities, volunteer services, and other program activities related to mission of commission.

2. Appoint Policy, Program, and Facility ad hoc committees and other subcommittees as may be necessary to provide preliminary review, comment and make recommendations prior to being presented to full Commission as appropriate to carry out Commission objectives.

3. Review and recommend policies pertinent to all matters within the Commission’s jurisdiction.

4. Review and make recommendation on proposed Parks and Recreation Department budget.

Adopted by Council 6-2-2009 by #2792-09; Revised 03-05-13 by #3096-13 2

5. Conduct public workshops and make recommendations regarding parks, recreation and community service levels, programming needs, budget changes and prioritize community needs within available resources.

6. Conduct public workshops and make recommendations regarding arts & cultural activities, programs, and prioritize community needs within available resources.

7. Perform such duties as may be assigned by the Town Council from time to time.

ARTICLE V: MEMBERSHIPS
A. The Commission shall consist of Five (5) voting community representatives and one (1) voting Middle or High School Student advisory member. Members shall meet any one or more of the following criteria:
• Have an interest in and commitment to the importance and value of community affairs as well as parks and recreation.
• Have prior experience in community projects or activities; • Have prior experience in community-based organizations, or organizations involved in arts, cultural, recreation and sports activities. • Own or operate a business or involved with arts, cultural, recreation, sports or senior organizations in Yountville (no more than 1 seat). • All applicants must have the ability to take an active role in Commission meetings and participate in subcommittee meetings, as necessary. • At least 4 must be a resident of the Town of Yountville (a minimum of at least 4 seats).
• The student advisory representative must be a resident of Yountville.

B. All Commission members will have voting capacity.

C. Persons meeting the qualifications and interest in serving on the Commission shall complete the appropriate application form. An application-filing period will be announced publicly in order to solicit applications when vacancies exist on the Commission.

D. All seats shall be appointed by the Town Council and are appointed to two year terms with the exception of the high school student advisory member that shall serve a one-year term. Members may continue to serve until a successor is appointed by the Town Council. Incumbents wishing to reapply will be reinterviewed and subject to reappointment by the Town Council. Terms will commence in January of each year.

Adopted by Council 6-2-2009 by #2792-09; Revised 03-05-13 by #3096-13 3 E. Members wishing to resign from the Commission must provide a written resignation addressed to the Recording Secretary and Town Clerk. Once the Town Clerk receives the resignation, the Town Clerk will conduct the application recruitment process for filling the vacancy.

ARTICLE VI: COMMISSION ORGANIZATION
A. Regular Meetings: Will be held on the odd months of the year (January, March, May, July, September, November) on the third Thursday of the Month at 6:00 p.m.

Special meetings may be scheduled as deemed necessary by the Chair of the Commission or by Department staff.

B. Meeting Locations: The Commission meets regularly in the Town Council Chambers located at 6550 Yount Street, Yountville
C. Quorum: A majority of voting members in good standing shall constitute a quorum for the purpose of action on any issue or agenda item. A quorum consists of half plus one of the five voting members of the Commission. The high school student advisory member shall not be counted towards the quorum.

D. Meeting Attendance: Members shall notify the Chair or staff in the event of an anticipated absence from a regularly scheduled meeting. Each member of the Commission who has knowledge of the fact that they will not be able to attend a regularly scheduled meeting of the Commission shall notify the Recording Secretary at the earliest possible opportunity and, in any event, prior to the start of the meeting. The Recording Secretary shall notify the Chair and other members of the Commission in the event that the projected absence will result in a lack of quorum. Three absences in any twelve-month period shall constitute a review of the commissioner’s continued appointment by the Town Council. If the Town Council recommends the resignation of a commissioner due to absence, the resigned position will be announced publicly and filled under the appointment process. Former members may re-apply. Staff will maintain attendance records.

E. Adjournment: No new matter will be commenced after 8:30 p.m., and meetings will be adjourned by 9:00 p.m. unless the Commission votes to extend the meetings for 30-minute increments. A motion for adjournment shall always be in order and upon a second shall be voted upon without debate.

F. Meetings shall be governed by the Brown Act CA Government Code Section 54950 et se and public input during a public forum shall be established and supported. Standard rules of parliamentary procedure will govern meetings. a. Agendas: A written agenda shall be developed by Staff with input from the Chair and shall be posted in the designated locations in Town and at least 72 hours in advance of the Commission meeting.

Agenda Packets: Agendas and Staff Reports shall be distributed no later than 72 hours prior to Commission meeting.

Adopted by Council 6-2-2009 by #2792-09; Revised 03-05-13 by #3096-13 4 Commission members may request items be placed on the agenda through requests to the Commission Chair, Director or Town Manager.
b. Minutes: Action minutes shall be recorded by the Recording Secretary and submitted to the Commission for approval.
c. Written Correspondence/Verbal Communication: All written official correspondence and verbal communication on behalf of the Commission or any Commission member that is directed to any outside agency, organization or person shall have the consent of the Commission with a copy to the staff liaison.
d. Rules of Order: Rosenberg’s Rules of Order will apply in all instances, which are not otherwise provided for in these rules. The Town Council Protocols may be used as a reference, and applicable provisions therein shall be followed.

G. Officers:

The Commission shall elect a Chair and a Vice Chair from among its members annually in January of each year. Term of office for the Chair and Vice Chair shall be two years. The Chair shall not serve consecutive full year terms as Chair. Elections also shall be held to fill vacancies in these positions as they occur, or as soon thereafter as practical.
a. Chair: Shall preside at all meetings of the Commission; decide on all points of order; appoint sub-committee membership; follow up on work of sub-committees; represent Commission to Town Council; call special meetings; coordinate agenda preparation with staff; encourage active participation of members.

b. Vice-Chair: Shall preside at all meetings and perform all duties of the Chair in his/her absence.
c. Should the Chairperson and Vice Chairperson be absent or unable to act, the members present shall select a Chair Pro-tem and have an order so stating entered into the record.

H. Staff:

Shall record all activities of the Commission and keep written action minutes of all Commission meetings; record attendance; prepare agenda in consultation with Chair; provide information necessary for Commission work; assure compliance with applicable laws; lend professional expertise; track time spent on Commission work. Town staff shall fulfill the duties assigned to the Recording Secretary.

Adopted by Council 6-2-2009 by #2792-09; Revised 03-05-13 by #3096-13 5 ARTICLE VII: SUB COMMITTEES
A. All subcommittees shall be established as needed by motion at a regular meeting.

B. Each member shall serve on at least one subcommittee.

ARTICLE VIII: POWERS OF COMMISSION:

C. Commission members may recommend and the Commission establishes subcommittees as deemed necessary to implement and carryout the Commissions duties. Appointment of sub-committee members will be made by the Chair. Subcommittees will be appointed either for single task force assignments or as an ongoing standing sub-committee. Sub-committees are for the sole purpose of researching, reviewing, or providing overall policy direction on programs, facilities, or services prior to being presented to the full Commission.

D. The Chair or his/her designee shall submit written recommendations to the Town Council, as approved by a majority of the Commission.

E. Commission shall establish annual goals and action plan consistent with Town Council policies and direction. Town Council and Commission shall meet annually to review and establish goals and objectives.

F. Commission shall make and present an annual written report to the Town Council related to its activities for the past year at the 1st March Town Council, meeting.

G. Conflict of Interest: Members of the Commission shall not participate, in any matter, or vote, except to abstain, upon any matter in which they knowingly may have a conflict of interest. When Commissioners determine they have a conflict of interest, a public declaration to the conflict shall be made and the Commissioner will leave Council Chambers during the discussion of the item. No member shall act for any petitioner or applicant in any case before the Commission.

ARTICLE IX: BY LAW AMENDMENTS
A. Any proposed amendment to these by-laws must be approved by a majority vote of the Commission, and ratified by Resolution of the Town Council.

Adopted June 2, 2009 by Resolution Number 2792-09.

Revised March 5, 2013 by Resolution Number 3096-13
Revised ___________ by Resolution Number 2023 - __
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7I
Yountville Town Council Staff Report
DATE: August 1, 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 remains in service delivering recycled water to the customers on the east side of the Napa River.

2. Staff is working with a property owner on the last right of entry for the exploratory geotechnical work.

3. Town staff, the civil engineering consultant and environmental consulting firm have narrowed down the design alternatives to two preferred routes which will help to focus the exploratory geotechnical work.

4. Staff continues to coordinate with FEMA, CalOES and the Town’s insurance to acquire funding for both the temporary and permanent repairs. There is a partner CalOES item on this Consent Calendar for adoption of a resolution specific to CalOES needs for facilitating federal funding for this project.

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? WW-0042; 63-4518-5100
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. 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 #: 7J
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Hilary Gaede, Deputy Town Clerk
PREPARED BY: Hilary Gaede, Deputy Town Clerk
SUBJECT:

NVTID – Yountville Annual Work Plan for Tourism Improvement District Assessment Fund 22 (1015).

DISCUSSION/BACKGROUND
In 2010, lodging property owners supported the establishment of the proposed Napa Valley Tourism Improvement District (NVTID). In March of 2010, the Town Council agreed to support the formation for the proposed NVTID by the Napa County Board of Supervisors to provide funding for the marketing efforts for the Napa Valley. The Napa County Board of supervisors approved establishment of the County-wide District and it became effective as of July 1, 2010. The NVTID is a voluntary self-assessment imposed on lodging stays by the lodging property owners similar to that of the Transient Occupancy Tax (TOT) the NVTID Includes a component to provide funding to support local activities which promote, support and enhance locally based tourism efforts in each local jurisdiction within the NVTID.

Each local jurisdiction shall receive .5% of the total 2.0% assessment collected within the local jurisdiction to fund eligible programs and activities. The local jurisdiction agency shall be responsible for the administration of the local portion of the TID (Tourism Improvement District) and serve as its fiduciary agent. As a result, the proposed NVTID – Yountville has had an overall positive impact on the Town of Yountville. The Town of Yountville receives 25% of the assessment revenue collected within the Town and these funds are earmarked to be spent to promote Yountville-focused tourism and marketing related programs.

It is conservatively estimated that in FY 2023-24, the local share will be approximately $324,000 this fiscal year based on the projected total of $7,775,000 in TOT revenue.

The local option TID funding is designed to support local activities with promote, support, and enhance locally based tourism efforts, including but not limited to:
- Locally specific market niche advertising and marketing efforts; - Tourism marketing and promotional information: including website, print and other collateral material and technology applications;
- Local special event programming, underwriting and promotion; - Operation of local visitor information center;
- Community and cultural arts programming activities, such as music on the plaza, movie nights, sculpture walks, film festivals, etc.;
- Tourism-related streetscape enhancement and maintenance; - Seasonal and other tourism and visitor related programs; - Local tourism shuttle or other visitor transportation programs; - Seed funding for community-based programs which support or enhance tourism; - Trails, pedestrian paths, signage, bike paths, etc. which enhance and improve upon the visitor experience and access to lodging properties;
- Enhanced levels of maintenance above what the local entity normally provides.

Each local NVTID jurisdiction receiving a .5% allocation in funding is governed by a seven (7) member body comprised of:
- Four (4) members selected by eligible lodging property members within the local jurisdiction; - One (1) member from the local Chamber of Commerce (can be either appointed staff or a board member of the Chamber in the local jurisdiction);
- One (1) member who is an elected official from the local jurisdiction; - One (1) member who is the City /Town Manager or designee from the local jurisdiction.

The NVTID- Yountville Oversight Committee is comprised of Brad Raulston, (Town Manager, Town of Yountville), Robin McKee Cant (Councilmember, Town of Yountville), Hillery Walsh (North Block Hotel), Alain Negueloua (Bardessono), Marc Adrar, (The Estate Yountville) Max Compagnon (Napa Valley Lodge), and Arik Housley (Chamber of Commerce).

According to the approved bylaws of the NVTID, the Local Jurisdiction NVTID Oversight Committee is responsible for the following activities:
- Development of an annual work plan and budget.
- Approval of annual work plan and budget
- Periodic meetings as necessary to provide oversight of the expenditures to ensure consistency with approved annual work plan and budget consistent with the NVTID Management Plan. - Preparation of a six-month progress report and annual year end progress report which is provided to the NVTID governing board, local jurisdiction city/town council, and Count Board of Supervisors.

The local NVTID-Yountville Oversight Committee is considered a legislative body under the Ralph M. Brown Act (Government Code Section 54950 et seq.) and as such all meetings of the Local Jurisdiction NVTID Oversight Committee must be held in compliance with the public notice and other requirements of the Brown Act.

The Town’s adopted FY 2023/24 budget includes the Tourism Improvement District Assessment Fund 22 and includes an estimated revenue of $324,000 and a transfer out of the 1% NVTID administration fee to the Town’s General Fund of $13,000. These amounts may increase or decrease depending on TOT revenue. The purpose and establishment of the fund was reviewed with the Town’s auditor and this fund is classified as an Agency Fund; a fiduciary fund held in a custodial capacity. The NVTID – Yountville has adopted an expenditure plan of $383,000 for fiscal year 2023/24 and will draw down $69,000 on its estimated unassigned fund balance of $306,000 resulting in $247,000 remaining balance.

The NVTID – Yountville Oversight Committee has met formally on May 8, 2023 to discuss the outcome of FY 2022/23 promotional efforts, i.e., Social Media Management & Oversight, Napa Valley Museum, Vine Trail, Yountville Short Film Festival marketing support, off season FAM trip promotion, and Art, Sip and Stroll.

At the May 8, 2023 meeting, NVTID – Yountville began development of its annual and budget allocation for this fiscal year and approved its work plan. There is the potential for budget amendments during the year.

NVTID – Yountville’s promotional events and expenditures for FY 2023/24 include:
 Yountville Chamber –Social Media program, FAM Trip Support;  Art, Sip and Stroll event;
 Funding sponsorships: Napa Valley Vine Trail Coalition, Napa Valley Museum, and Yountville International Short Film Festival.

The committee finalized and approved the attached Fiscal Year 2023/24 Work Plan and Budget Expenditure Allocation at NVTID – Yountville’s May 8, 2023, meeting.

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? Fund 22 (1015)
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. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love.

RECOMMENDATION
Receive and File
Fund Balance July 1, 2022
Restricted Fund Balances - Local TID 170,000 $
Unrestricted Fund Balance 288,649
Total Beginning Fund Balance $ 458,649
Revenue:
7,775,000
Total 2% Tourism Assessment Estimated 1,295,833
Less: County Portion of NVTID Assessment - 74% 958,917
Less: 1% Administrative Allowance 12,958
Yountville TID Assessment 323,958
Interest Earnings - Est 7,000
Total Revenue $ 330,958
Expenses:

Chamber of Commerce- Social Media Marketing 258,657
Oak Tree Lighting -
Napa Valley Vine Trail Coalition 10,000
ATG Lighting - Holiday Lighting -
Napa Valley Museum 10,000
Yountville Short Film Festival - William Hargreaves 25,000 Lincoln Theater Foundation
Fuller & Sander Communications -
Art Sip N Stroll 10,000
Meeting Expense -
Total Expenses 313,657
Total Planned Expenses 0
Grand Total Expenses $ 313,657
Projected Fund Balance as of June 30, 2023 475,950 $
Emergency Reserve 170,000
Contingency Approved July 18, 2016
Unassigned Fund Balance $ 305,950
Estimated Transient Occupancy Tax (TOT) $7,775,000
Total 2% Tourism Assessment 1,295,833
County Portion of NVTID Assessment - 74% 958,916
1% Administrative Allowance 12,958
Estimated Yountville TID Assessment 2023/24 323,958
Total Estimated 2023/24 323,958
Napa Valley Tourism Improvement District (NVTID) Yountville Revenue & Expenses
Preliminary July 1, 2022 - June 30, 2023
Budget Projection for 2023/24
TOT Revenue Estimated through June 30, 2023 (July - January revenue actual - March - June Est)
Approved NVTID- Yountville Funding Allocation for FY 2023/24 May 8, 2023 Board meeting
Projected Annual Revenue based on $7,775,000 TOT collected: $323,958 Proposed Expenditure Plan for FY 2023-24
Chamber of Commerce agreement (includes) $320,000
Social Media Management & Ads $ 65,000
Digital Marketing Campaign $200,000
Yountville Visitor Brochure $15,000
FAM Tour Expenses $25,000
Chamber Management Fee $ 15,000
NVTID-Yountville Annual Funding Programs: $18,000
Art, Sip and Stroll marketing $10,000
Additional/Extended Holiday Lighting above base $7,500
Meeting expenses $500.00
External Grants and Sponsorship: $45,000
Napa Valley Museum – Yountville $10,000
Napa Valley Vine Trail $10,000
Yountville International Short Film Festival $25,000
Total $383,000
For the current Fiscal Year 22-23, an expenditure plan of $323,000 was approved. Estimated actual expenses for Fiscal Year 22-23 are $313,657. It is estimated that this fiscal year will end with an approximate $91,000 increase to a total unassigned fund balance of $306,000.

The approved annual expenditure plan for this next Fiscal Year exceeds the projected annual revenue generated based on estimated collection of $7.75 million in TOT of $324,000 by approximately $69,000. This approved budget anticipates a draw down of $69,000 from the unassigned fund balance which would leave an estimated $247,000 fund balance.

NVTID also maintains an Emergency Reserve Fund of $170,000 as well in addition to the unrestricted fund balance.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7K
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst; Celia King, Finance Director SUBJECT:

Preliminary Monthly Financial Report for June 2023

DISCUSSION/BACKGROUND
Monthly financial reports are presented to provide a summary overview of revenues and expenses of the Town’s major funds: General Fund, Capital Projects Fund, Water and Wastewater Enterprise Funds.

This report for June 2023 is considered preliminary. Some of the amounts are subject to change as we complete the fiscal year-end processes. Invoices pertaining to the prior fiscal year are typically received throughout the month of July and are posted back to June. Similarly, revenues such as TOT, Sales Tax, and Property Taxes relevant to the prior fiscal year are received in July and August and posted back to June.

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

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

June 2023 – 100% of the Fiscal year
General Fund Revenue
Property Tax – Revenue has exceeded the original budget amount.

Sales Tax – Year-to-date revenue represents collections through May.

TOT – Revenue has surpassed the original budget by about 12%. The remaining revenue applicable to the June reporting period will be collected by the end of July.

General Fund Expenditures
The target percentage of budget utilization for June is 100.0%. All General Fund departments are either at or below the annual target amount except for the Yountville Arts expense account that is offset by the large amount of unexpected Art Sales revenue collected. The final invoice for Fire & Emergency Services is typically received in August.

Again, this is a preliminary report as applicable expenditures continue to be posted back to Fiscal Year 2022/2023.

Other Highlights
Capital Projects – Most Capital Projects expenditures are at or under budgeted amounts. Wastewater SCADA Controls project WW-0012 is slightly over budget but will be covered by savings in other projects within that fund.

Water & Wastewater Funds – Enterprise funds experienced more Interest Income than anticipated. At this point, all enterprise fund expenditures are below the original budget projection.

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

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

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. Monthly budget and actual revenue and expense reports provide timely information and financial transparency. Timely financial information can help control costs by guiding policy and spending decisions.

RECOMMENDATION
Receive and File

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7L
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst; Celia King, Finance Director SUBJECT:

Preliminary Quarterly Investment Report for June 2023

DISCUSSION/BACKGROUND
This report represents the Town’s investment portfolio for the quarter ending June 30, 2023. The report includes all Town funds. All investments are in compliance with the Town’s adopted Investment Policy.

The Town’s investments are guided by an Investment Policy, which is reviewed and approved by the Council annually. The Investment Policy was last approved by the Town Council on June 20, 2023. The policy directs that investment goals, in order by priority, are safety, liquidity, and yield. This conservative approach ensures assets are available for use while also allowing the Town to earn additional resources on idle funds. The Town currently participates in the State investment pool known as the Local Agency Investment Fund (LAIF).

LAIF began in 1977 as an investment alternative for California’s local governments and special districts and is administered by the State of California’s Treasurer. The enabling legislation for LAIF is Section 16429.1 et seq. of the California Government Code.

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

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

All Town funds are invested in accordance with the approved Investment Policy with an emphasis on safety, liquidity and yield (in that order). The Town’s investment strategy of balancing the investment portfolio between short-term investments (to meet cash flow needs) and longer-term maturities (to realize a higher rate of return) is appropriate given the current market conditions.

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

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

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

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

RECOMMENDATION
Receive and File

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7M
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Approve Minutes of the regular meetings held June 20, 2023 and July 18, 2023 and the special meetings held June 21, 2023, June 30, 2023 and July 19, 2023.

DISCUSSION/BACKGROUND
Approve Minutes of the regular meetings held June 20, 2023 and July 18, 2023 and the special meetings held June 21, 2023, June 30, 2023 and July 19, 2023.

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

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Minutes are required to ensure the Legislative History of the Town Council is maintained.

RECOMMENDATION
Approve Minutes of the regular meetings held June 20, 2023 and July 18, 2023 and the special meetings held June 21, 2023, June 30, 2023 and July 19, 2023.

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, June 20, 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.

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

Mayor Mohler called the meeting to order at approximately 3:00 p.m.

Town of Yountville
Town Council Regular Meeting
Minutes 06/20/2023

Page 1 ends

and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

Mayor Mohler called the meeting to order at approximately 3:00 p.m.

2. ROLL CALL

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

Absent: None

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

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

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

5. PROCLAMATIONS AND RECOGNITIONS
A. Proclamation Celebrating July as Parks and Recreation Month Nationwide Mayor Mohler presented the proclamation.

Parks and Recreation Director Samantha Holland accepted the proclamation.

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
A. Public Comment
The following individual provided electronic public comment: Kim Cook.

7. CONSENT CALENDAR
A. Approve request to cancel the Town Council meeting scheduled for July 4, 2023.

B. Adopt Resolution 234211 Adopting the Town’s FiveYear Capital Improvement Program for Fiscal Years 202322 to 202728 and Determining Consistency with General Plan.

C. Adopt Resolution Number 234212 Rejecting the bids for the Street Rehabilitation Micro surfacing at Various Locations MT 3024 project.

D. Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
E. Adopt Resolution Number 234213, Amending the Yountville Arts Commission Bylaws F. Monthly Financial Report for May 2023
G
ApproveMinutesoftheregularmeetingheldonJune62023May22023andthespecial Town of Yountville
Town Council Regular Meeting
Minutes 06/20/2023

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Repair pursuant to Yountville Municipal Code 3.32.390
E. Adopt Resolution Number 234213, Amending the Yountville Arts Commission Bylaws F. Monthly Financial Report for May 2023
G. Approve Minutes of the regular meeting held on June 6, 2023, May 2, 2023, and the special meetings held May 4, 2023, May 18, 2023, and May 25, 2023 A motion was made by Vice Mayor Knight, seconded by Council Member Trippe to approve the Consent Calendar items. The motion carried by the following vote:

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

8. PRESENTATIONS
A. Napa Schools for Climate Action; NVUSD Students Promoting Climate Education and Legislations within the Community
High school students Allison Benscick and Lilliana Karesh provided the presentation.

The following individuals provided inperson public comment: Lori Stelling.

B. MCE Presentation.

Dave Garti, MCE Community Development Manager, provided the presentation.

C. Napa Valley Transportation Authority Town of Yountville Bee Line Kate Miller, NVTA Executive Director, provided the presentation.

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS
A. Consider Adoption of Resolution Number 234214 Amending Town Council Benefits Plan for Elected Officials.

Town Attorney Bell provided the staff report.

Public Comment – None.

Town Council discussed and took the following action:

A motion was made by Vice Mayor Knight, seconded by Council Member Trippe to Adopt the Resolution. The motion carried by the following vote:

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

11. STAFF INFORMATIONAL REPORTS NONE

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS Agendas and Minutes related to Council Members meeting attendance are maintained separately by the various meeting bodies.

A. Napa County Flood Control & Water Conservation District Town of Yountville
Town Council Regular Meeting
Minutes 06/20/2023

Page 3 ends

12. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS Agendas and Minutes related to Council Members meeting attendance are maintained separately by the various meeting bodies.

A. Napa County Flood Control & Water Conservation District Mayor Mohler attended the meeting held June 13. The focus of the meeting was the budget to potentially be approved at the meeting on June 27.

B. Napa Valley Transportation Authority (NVTA)
No report.

C. Upper Valley Waste Management Agency
No report.

D. LAFCO of Napa County
No report.

E. Watershed Information & Conservation Council
No report.

F. Climate Action Committee
No report.

G. Cal Cities Update
Vice Mayor Knight reported that Cal Cities will be providing a briefing June 21 on SB 584, legislation that will impose a statewide 15% tax on shortterm rentals to fund workforce housing. Vice Mayor Knight noted that while Cal Cities supports workforce housing measures, this tax may potentially harm transient tax revenues for many cities.

Council Member Reeves attended the North Bay Division meeting about the Watson Ranch Project – Lemos Point Tour in American Canyon, an affordable housing project.

H. Association of Bay Area Governments
Council Member Trippe attended the meeting with business focusing on approving the annual budget. Council Member Trippe noted that jurisdiction dues will be increasing in the future.

I. Council Ad Hoc and Standing Committee Reports
No report.

J. Council Announcements and Agenda Item Requests
Council Member Trippe announced the need for volunteers to assist veterans with limited mobility on July 4 so they may enjoy the celebration.

Council Member Reeves announced a Climate Action Committee will hold a special meeting on June 30 at 1pm to discuss the lack of grant funding and potential reapplication for funds.

Vice Mayor Knight requested to receive a report at the July 18 Regular Council Meeting from Planning and Building staff about Municipal Code Chapter 17.1.28 regarding tree preservation and management. Mayor Mohler added that she would like staff to include a brief historical context of the heritage tree program. Council requested staff bring forth a tree removal moratorium ordinance for consideration. Council supported this item being added to the agenda.

Town of Yountville
Town Council Regular Meeting
Minutes 06/20/2023

Page 4 ends

Council Member Reeves requested staff also bring back an ordinance for a moratorium on gas stations within Town. Council supported this item being added to the July 18 agenda.

K. Potential Future Agenda Items: Monthly Financial Report, Yountville Arts Commission and Yountville Community Foundation appointments, Developer Impact Fees, Washington Park Neighborhood Accessibility Discussion, Quarterly Investment Report, Public Safety, and CalFire Quarterly Reports.

13. CLOSED SESSION NONE

14. ADJOURNMENT
A motion was made by Council Member Trippe, seconded by Vice Mayor Knight to Adjourn the meeting The motion carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant, Council Member Reeves
NOES: 0
ABSTAIN: 0
Adjourned to the Town Council Special Meeting, Wednesday, June 21, 2023 at 10:00 a.m. being held in Town Council Chambers located at 6550 Yount Street.
____________________________
Hilary Gaede, Deputy Town Clerk
Date Approved: August 1, 2023 Town of Yountville
Town Council Regular Meeting
Minutes 06/20/2023

Page 5 ends

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Friday, June 30, 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.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 3:00 p.m. 2ROLLCALL
Town of Yountville
Town Council Special Meeting -
Applicant Interviews
Minutes 06/30/2023

Page 1 ends

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 3:00 p.m.

2. ROLL CALL

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

Absent: None

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

The motion carried by the following vote:

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

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

5. APPLICANT INTERVIEWS
A. Applicant Interviews for Yountville Arts Commission and Yountville Community Foundation.

Town Council conducted two applicant interviews for the Yountville Arts Commission: Cynthia Kapjian and Marita Dorenbecher. One applicant, Judy Meredith, submitted responses to the interview questions as she was unable to attend in person.

One applicant interview was held for the Yountville Community Foundation: Sandra Fagan.

6. ADJOURNMENT
A motion was made by Council Member McKeeCant, seconded by Council Member Trippe to Adjourn the meeting. The motion carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant, Council Member Reeves
NOES: 0
ABSTAIN: 0
Adjourned to the Town Council Regular Meeting on Tuesday, July 18, 2023 being held in Town Council Chambers located at 6550 Yount Street.
___________________________
Hilary Gaede, Deputy Town Clerk
Date Approved: August 1, 2023 Town of Yountville
Town Council Special Meeting -
Applicant Interviews
Minutes 06/30/2023

Page 2 ends

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
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.

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

Mayor Mohler called the meeting to order at approximately 3:00 p.m.

Town of Yountville
Town Council Regular Meeting
Minutes 07/18/2023

Page 1 ends

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

Mayor Mohler called the meeting to order at approximately 3:00 p.m.

2. ROLL CALL

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

Absent: None

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

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

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

5. TOWN MANAGER INTRODUCTION
Brad Raulston, Town Manager, introduced himself and thanked the Council for trusting him to lead the organization.

6. PROCLAMATIONS AND RECOGNITIONS
A. Jim McDonald – Yountville Arts Commission Member
Mayor Mohler presented the Certifiate of Appreciation.

7. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
The following individuals provided public comment on matters not listed on the agenda: Tom Bardessono, Steven Miller, and Michael Borck.

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.

Town of Yountville
Town Council Regular Meeting
Minutes 07/18/2023

Page 2 ends

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
A motion was made by Vice Mayor Knight, seconded by Mayor Mohler to approve the Consent Calendar items. The motion carried by the following vote:

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

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.

Michael DeGroot, Project Consultant, provided the presentation.

Celia King, Finance Director, presented staff report.

Public Hearing Held.

Town Council discussed and took the following action:

A motion was made by Council Member McKeeCant, seconded by Council Member Trippe to Adopt the Resolution. The motion carried carried by the following vote:

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

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

Irene Borba, Planning & Building Director, presented staff report.

Public Comment Held.

The following individuals provided inperson public comment: Michael Borck, Allison Bencsik and James Wilson.

Cfff
Town of Yountville
Town Council Regular Meeting
Minutes 07/18/2023

Page 3 ends

Irene Borba, Planning & Building Director, presented staff report.

Public Comment Held.

The following individuals provided inperson public comment: Michael Borck, Allison Bencsik and James Wilson.

Town Council discussed and directed staff to move forward with the recommendations provided in the staff report.

12. STAFF INFORMATIONAL REPORTS NONE

13. COUNCIL MEETING REPORTS, COMMENTS AND AGENDA ITEM REQUESTS Agendas and Minutes related to Council Members meeting attendance are maintained separately by the various meeting bodies.

A. Napa County Flood Control & Water Conservation District No report.

B. Napa Valley Transportation Authority (NVTA)
No report.

C. Upper Valley Waste Management Agency
No report.

D. LAFCO of Napa County
Mayor Mohler shared LAFCO held a strategic planning meeting in Town Council Chambers and the Commission discussed working on a countywide fire and EMS survey.

E. Watershed Information & Conservation Council
No report.

F. Climate Action Committee
Councilmember Reeves and Councilmember Trippe shared information from the meeting held on June 30, 2023 including discussion and approval of a letter sent for a federal grant on behalf of MCE to create innovative and replicable programs for energy efficiency and climate impact mitigations for disadvantaged communities, statewide Reach Codes to create more energy efficiency in buildings, denial of a state grant submitted by the Climate Action Committee, and receiving a $500,000 grant through Senator Bill Dodd’s Budget.

G. Cal Cities Update
No report.

H. Council Ad Hoc and Standing Committee Reports
Vice Mayor Knight shared that Councilmember Reeves and himself convene the first Housing Standing Committee meeting and had speakers Erica Roetman Sklar and from Napa Valley Community Housing (NVCH). They discussed how NVCH could potentially help Yountville look at affordable housing projects. Vice Mayor Knight also shared former Town Manager Steve Rogers attended the meeting and provided background on affordable housing projects and other issues the standing committee can work on.

I. Council Announcements and Agenda Item Requests
No report.

Town of Yountville
Town Council Regular Meeting
Minutes 07/18/2023

Page 4 ends

standing committee can work on.

I. Council Announcements and Agenda Item Requests
No report.

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
The Town Council returned from closed session and Mayor Mohler announced that there was no reportable action. Mayor Mohler adjourned the meeting.

15. ADJOURNMENT
Adjourned 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 Street.

Eddy Gomez, Town Clerk
Date Approved: August 1, 2023
Town of Yountville
Town Council Regular Meeting
Minutes 07/18/2023

Page 5 ends

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Wednesday, July 19, 2023
8:30 AM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 8:30 a.m. 2ROLLCALL
Town of Yountville
Town Council Special Meeting -
Council Protocols
Minutes 07/19/2023

Page 1 ends

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 8:30 a.m.

2. ROLL CALL

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

Absent: None

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

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

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

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

6. CONSIDERATION AND ADOPTION OF THE TOWN COUNCIL HANDBOOK A. Consideration and Possible Adoption of Resolution Number 234219 Adopting the Town Council Handbook.

Brad Raulston, Town Manager, provided the presentation.

Public Comment – None.

Town Council discussed and provided the following changes to the Town Council Handbook:

Add a deadline to submit written public comment (hard copies or electronically) to 4:00 p.m. the day before the Council meeting.

Add the contact person in the Human Resources section.

Create different appointment processes for Boards and Commissions applicants.

Add strategies for creating a more collaborative, effective Council to the Code of Ethics section of the Town Council Handbook.

After the discussion, Town Council took the following action:

A motion was made by Mayor Mohler, seconded by Council Member McKeeCant to Adopt the Resolution with the aforementioned changes and with the exception of Chapter II, Process for Boards, Commissions, and Committees. The motion carried by the following vote:

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

7. ADJOURNMENT
Town of Yountville
Town Council Special Meeting -
Council Protocols
Minutes 07/19/2023

Page 2 ends

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

7. ADJOURNMENT
A motion was made by Vice Mayor Knight, seconded by Council Member McKeeCant to Adjourn the meeting. The motion carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant, Council Member Reeves
NOES: 0
ABSTAIN: 0
Adjourned to the Town Council Regular Meeting on Tuesday, August 1, 2023 at 3:00 p.m. being held in Town Council Chambers located at 6550 Yount Street.
_____________________
Eddy Gomez, Town Clerk
Date Approved: August 1, 2023 Town of Yountville
Town Council Special Meeting -
Council Protocols
Minutes 07/19/2023

Page 3 ends

Town of Yountville
QUARTERLY REPORT APRIL MAY JUNE 2023
Prepared By Engineer
Town of Yountville
Quarterly Report 2nd Quarter 2023
102
125
109
15 Requests For Service 2nd
Quarter 2023
Town of Yountville County Areas
Veterans Home City of Napa
92 149
154
10 Requests For Service 2nd
Quarter 2022
Town of Yountville County Areas
84 134
230
4 Requests For Service 5 Year
Average
Town of Yountville County Areas Veterans Home City of Napa Medical Aids
69%
Public Assists
16%
Traffic Collisions
3%
Vehicle Fire
1% Alarm Sounding
8%
Structure Fire
Vegetation Fire 0%
0%
Misc Fire
1%
Rescue
0%
Hazardous Conditions
2%
Town of Yountville Statistical Analysis
Medical Aids Public Assists Traffic Collisions Vehicle Fire Alarm Sounding Structure Fire Vegetation Fire Misc Fire Rescue Hazardous Conditions Medical Aids
94%
Public Assists
1%
Traffic Collisions
0%
Vehicle Fire
0%
Alarm Sounding
5%
Structure Fire
0%
Vegetation Fire
0%
Misc Fire
0%
Rescue
0%
Hazardous Conditions
1%
Veterans Home Statistical Analysis
Medical Aids Public Assists Traffic Collisions Vehicle Fire Alarm Sounding Structure Fire Vegetation Fire Misc Fire Rescue Hazardous Conditions Quarter in Photos
Easter Egg Hunt
Quarter in Photos
Fire Captain Boyd’s Funeral Procession
Quarter in Photos
Birthday Party at Yountville Park
Quarter in Photos
Seasonal Rehire Academy
Quarter in Photos
Training
NAPA COUNTY SHERIFF’S OFFICE
2023 Second Quarter Information Report
For the Town of Yountville
Oscar Ortiz, Sheriff-Coroner
Presented by
Sergeant Mike Milat
2nd Quarter 2022 1st Quarter 2023 2nd Quarter 2023
(current)
917
675 717
205
30 29
Calls for service Patrol Checks
2nd Quarter 2022 1st Quarter 2023 2nd Quarter 2023
(current)
27 17
30 9
6 17
Reports Arrests
• We had one report of an
assault during the quarter.

None of our other tracked
crimes against persons were
reported.
• Crimes against property-
We had two reports of grand
theft and one report of petty
theft.

2nd Quarter 2022 1st Quarter 2023
2nd Quarter 2023
(current)
Homicide 0 0 0
Rape 0 0 0
Robbery 0 0 0
Assault with Weapon 0 0 0
Assault - Simple 1 0 1
Domestic Violence 1 1 0
TOTAL 2 1 1
2nd Quarter 2022 1st Quarter 2023
2nd Quarter 2023
(current)
Burglary-Residential 0 1 0
Burglary-Other 0 0 0
Theft-Petty 1 1 1
Theft-Grand 1 0 2
Theft-Auto 1 1 0
Vandalism 0 0 0
TOTAL 0 3 3
TRAFFIC COLLISIONS
• We reported 2 non-injury traffic
collisions
• Both incidents were hit-and-run
collisions (1 DUI)
• This does not include collisions reported by CHP
• This does not include exchanges of information
Traffic Citations Misdemeanor
Citations
Parking Citations Vehicle Checks Traffic Stops
9 0
45 12
39 19 3 15 12
72 20 3
56 11
78 2nd Quarter 2022 1st Quarter 2023 2nd Quarter 2023 (current) • Genasys Protect tabletop exercise
at Yountville Community Center
• Deputy Oster completed 3-day
Standardized Field Sobriety Testing
Course.
• Deputy Mulgado completed 3-day
Bicycle Patrol Course and 40-hour
Basic Traffic Collision Investigation.
• Departmentwide Arrest-andControl, EVOC, Firearms, First Aid PSP Trainings (3 days)
• Rock the Ride
• Yountville Art Sip-and-Stroll
• Movies in the Park
• PLEASE KEEP YOUR BICYCLES SECURED
Dispatch Non-Emergency: (707) 253-4451
Yountville Sub-Station: (707) 944-9228
Yountville Sheriff 2nd Quarter 2023 Information Report
Crimes Against Persons 1st Quarter 2023 2nd Quarter 2023 2nd Quarter 2022 Homicide 0 0 0
Rape 0 0 0
Robbery 0 0 0
Assault with a weapon 0 0 0
Assault-Simple 0 1 1
Domestic Violence 1 0 1
Total Crimes Against Persons 1 1 2
Crimes Against Property 1st Quarter 2023 2nd Quarter 2023 2nd Quarter 2022 Burglary-Residential 1 0 0
Burglary-Other 0 0 0
Theft-Petty 1 1 1
Theft-Grand 0 2 1
Theft-Auto 1 0 1
Vandalism 0 0 0
Total Crimes Against Property 3 3 3
Citations 1st Quarter 2023 2nd Quarter 2023 2nd Quarter 2022 Citations-Misdemeanor 3 3 0
Citations-Traffic 15 20 9
Citations-Parking 15 56 45
Total Citations 33 79 54
Calls For Service & Activity 1st Quarter 2023 2nd Quarter 2023 2nd Quarter 2022 Calls For Service 675 717 917
Reports 21 30 27
Arrests 6 17 9
Patrol Checks 30 29 205
Pedestrian Checks 9 5 5
Vehicle Checks 12 11 12
Traffic Stops 72 78 39
Traffic Collisions 1st Quarter 2023 2nd Quarter 2023 2nd Quarter 2022 Non-Injury 1 2 2
Injury 0 0 1
Fatal 0 0 0
Total Collisions 1 2 3

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Brad Raulston, Town Manager
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Consideration and Adoption of Resolution Number 23-4225 Adopting Town Council Handbook.

DISCUSSION/BACKGROUND
At the Town Council Special Meeting held on June 19, 2023, the Town Council approved Resolution Number 23-4219 creating the Town Council Handbook. Chapters II and III of the handbook include statutory and regulatory requirements, procedures, and guidelines necessary to conduct the legislative and policy-making activities of the Town Council. Staff is able to update the Town Council Handbook with the exception of Chapters II and III without further action if amendments are necessitated by law or other action of the Town Council.

At the June 19, 2023 Special Meeting, Town Council also requested amendments to Chapter II Code of Ethics, Chapter II, Process for Boards, Commissions and Committees Appointments, and Chapter III Procedures for Public Comment. Per Town Council direction, staff has drafted the aforementioned amendments which can be found as a redline attachment. Staff also requests Town Council review the changes and approve the amendments to the Town Council Handbook or provide further direction.

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. The objective is for Council to work together to sustain sound governance and effective oversight of the management of the Town which includes review and updating of Town Council Handbook.

RECOMMENDATION
Receive staff report and direct questions to staff.

Receive public comment.

Conduct Council discussion.

Adopt Resolution Number 23-4225 Adopting Town Council Handbook.

Town of Yountville
Resolution Number 23-4225

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE

ADOPTING A TOWN COUNCIL HANDBOOK
Recitals
A. The Town of Yountville operates according to the Council-Manager form of government; and
B. The Town Council is the legislative and policy-making body responsible for passing ordinances and orders necessary for governing the Town and for setting Town policy; and
C. The Town Council adopted the Town Council Handbook which includes Chapter II and Chapter III that sets forth statutory and regulatory requirements, procedures and guidelines necessary to conduct the legislative and policy-making activities of the Town Council at the July 19, 2023 Town Council Special Meeting; and D. The Town Council requested amendments to Chapter II Code of Ethics, Chapter II Process for Boards, Commissions and Committees Appointments, and Chapter III Procedures for Public Comment of the Town Council Handbook; and E. Staff has made changes and additions to the Town Council Handbook based on feedback from the Town Council, and is requesting Council to adopt the resolution approving the updated Town Council Handbook; and F. The Town Council Handbook amendments was reviewed by the Town Attorney.

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

1. The Town Council Handbook, attached hereto as Exhibit A and incorporated herein by reference are adopted and become effective and in full force immediately upon adoption.

2. The Town Council Handbook may be amended by resolution adopted by a majority vote of the Councilmembers and should be reviewed regularly to ensure that the document remains helpful to the Council by providing a framework for effective governance.

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

Resolution Number 23-4225
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 1st day of August 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

TOWN COUNCIL MEMBER

HANDBOOK
Drafted August 2023

TABLE OF CONTENTS
INTRODUCTION AND TOWN COUNCIL AUTHORITY........................... 1

CHAPTER I - TOWN ORGANIZATION AND LOCAL GOVERNMENT
Overview ................................................................................................... 4 Council-Manager Form of Government..................................................... 4 Strategic Planning Framework .................................................................. 6 Town Administration Overview.................................................................. 7 Town Manager’s Office................................................................... 8 Town Attorney ................................................................................ 8 Town Clerk ..................................................................................... 8 Finance/HR Department................................................................. 9 Planning & Building ........................................................................ 10 Public Works .................................................................................. 10 Parks & Recreation......................................................................... 11 Law Enforcement............................................................................ 11 Fire & Emergency Medical Services............................................... 12 Statutory Requirements/Regulatory Guidelines ........................................ 12 The Brown Act................................................................................ 12 Political Reform Act ........................................................................ 13 Mandatory Training......................................................................... 13 AB 1234 Ethics Training ...................................................... 13 AB 1661 Sexual Harassment Training................................. 13 Rosenberg’s Rules of Order...................................................................... 14 Town of Yountville Municipal Code ........................................................... 14 Town of Yountville General Plan ............................................................... 14 Town of Yountville Fiscal Year Budget...................................................... 14 Town of Yountville Five-Year Capital Improvement Program (CIP) .......... 14 CHAPTER II – TOWN COUNCIL ORGANIZATION AND ROLE OF COUNCIL MEMBER
Overview ................................................................................................... 17 Municipal Elections.................................................................................... 17 Duties of Mayor and Vice Mayor Terms of Office...................................... 17 Mayor ............................................................................................. 18 Representation at Ceremonial Functions ....................................... 18 Vice Mayor...................................................................................... 18 Vice Mayor Appointment Process................................................... 18 Seating Order............................................................................................ 19 Vacancies.................................................................................................. 19 Code of Ethics........................................................................................... 19 Preamble ........................................................................................ 19 Principles........................................................................................ 20 Public Interest................................................................................. 20 Conduct .......................................................................................... 20 Council Subcommittees............................................................................. 20 Standing Committees ..................................................................... 21 Ad Hoc Advisory Committees......................................................... 21 External Council Committee Assignments ................................................ 21 Citizen Boards, Commissions, and Committees (BCC)............................. 22 Process for BCC Appointments ...................................................... 23 Annual Report to Council................................................................ 23 Official Town Communications.................................................................. 23 Communications from Council........................................................ 24 Communications to Council............................................................ 24 Proclamations and Recognitions .................................................... 24 Town Manager/Staff Communications............................................ 24 Citizen Comments/Complaints ....................................................... 24 California Public Records Act ......................................................... 25 CHAPTER III – TOWN COUNCIL MEETINGS
Types of Council Meetings...................................................................... 27 Regular Meetings ........................................................................... 27 Study Sessions/Special Meeting .................................................... 27 Other Special Meetings .................................................................. 27 Closed Sessions............................................................................. 27 Budget Hearings ............................................................................ 28 Emergency Meetings...................................................................... 28 Continued Meeting ......................................................................... 28 Remote Participation ...................................................................... 28 Agenda Setting ....................................................................................... 28 Agenda Sections..................................................................................... 29 Call to Order ................................................................................. 29 Roll Call......................................................................................... 29 Pledge of Allegiance ..................................................................... 29 Adoption of Agenda ...................................................................... 29 Announcements ............................................................................ 29 Proclamations and Recognitions................................................... 29 Guest Presentations...................................................................... 29 Non-agenda Public Comment ....................................................... 30 Consent Calendar ......................................................................... 30 Public Hearings ............................................................................. 30 Administrative/Regular Items ....................................................... 31 Staff Presentations and Informational Reports.............................. 32 Council External Meeting Reports ................................................ 32 Procedures for Public Comment................................................................. 32 Conflict of Interest Disqualification.............................................................. 33 Minutes....................................................................................................... 34 Method of Keeping Minutes........................................................... 34 Delivery of the Minutes.................................................................. 34 Approval of the Minutes................................................................. 34 Addition or Correction of the Minutes ............................................ 34 Decorum in Council Meetings..................................................................... 35 Enforcement.................................................................................. 35 CHAPTER IV – FINANCE AND HUMAN RESOURCE INFORMATIONS
Key Economic Factors................................................................................ 37 Types of Funds........................................................................................... 37 Budget Process .......................................................................................... 37 Fiscal Policies............................................................................................. 38 Human Resources Information................................................................... 38 Salary........................................................................................... 38 Benefits........................................................................................ 38 GLOSSARY ............................................................................................... 42-46

APPENDICES
Appendix A - Rosenberg’s Rules of Order
Appendix B - ICMA Council Manager Form of Government
Appendix C - Fiscal Policies
Appendix D - Strategies for Creating a More Collaborative, Effective Council

1 INTRODUCTION
The Town Council Member Handbook has been prepared to provide important information to elected officials in Yountville and establish policies, practices, and procedures for communications, meetings, and decision making. The handbook includes a description of the Town organization within the laws and practices of local government in California. The handbook explains the role of a council member, establishes a code of conduct, and outlines best practices for governance.

This handbook is the first created for council members in Yountville and previous references with similar content were titled “Town Council Protocols”. The Town Council Protocols have been reformatted into this handbook as a way to simplify the meaning and organize all former protocols within the appropriate chapters of this handbook. The Town Council Handbook may be amended by resolution adopted by a majority vote of the Councilmembers and should be reviewed regularly to ensure that the document remains helpful to the Council by providing a framework for effective governance. With the exception of Chapters II (“Town Council Organization and Role of Council Member”) and III (“Town Council Meetings”), Town staff may update this Town Council Handbook from time to time as the law and/or adopted policies of the Town Council change.

The most common meaning of protocols is “a system of rules that explain the correct conduct and procedures to be followed in formal situations.” For purposes of this handbook, procedures, policies, and practices will focus on conduct and procedures for public meetings, which should apply to Town Boards, Commissions, & Committees when appropriate. They will make distinctions between meeting types and will provide suggestions for best practices related to formal communications and record keeping.

The procedures, policies, and practices set forth herein are not intended to limit the inherent power and general legal authority of the Town Council. Any of the procedures, policies, and practices herein may be waived by a majority vote of the Councilmembers when it is deemed that there is good cause to do so based upon the particular facts and circumstances. Any action of a majority of Councilmembers in contravention of these procedures, policies, and practices shall be deemed a waiver of such protocol(s) for purposes of the action taken.

TOWN COUNCIL AUTHORITY
The Town Council is the legislative body for the Town of Yountville and is responsible for enacting ordinances, reviewing and deciding upon a variety of actions and transactions, conducting administrative hearings on matters affecting private property interest, and establishing policies for the Town.

The Town of Yountville is a “General Law” City, which means that the Town’s powers are limited to those provided by the State Legislature or by the California Constitution. Seventyfive percent of the municipalities in California are General Law with the remaining being “Charter Cities” which acts like a constitution for the city adopting it, giving those cities the power and authority to adopt, make, exercise, and enforce all legislation, laws and regulations 2 established, granted or prescribed by State law or by any other lawful authority.

City Council meetings are run based upon Rosenberg’s Rules of Order. The Mayor serves as the chair, or presiding officer, of public meetings. Rosenberg’s Rules of Order is included as Appendix A.

The purpose for establishing a Town Council Handbook with procedures, policies, and practices is to provide an effective environment for the Town Council to provide leadership, practice good governance, and effectively represent the residents of Yountville. The handbook will be updated after each election cycle and the procedures, policies, and practices may be amended by the Town Council as needed.

The Town of Yountville depends on good governance and best practices in local government to meet the needs of the local community. This handbook should serve as an initial guide and a common reference to meet that purpose.
3 CHAPTER I

TOWN ORGANIZATION AND LOCAL GOVERNMENT
4 OVERVIEW
Yountville was incorporated on February 4, 1965, as a general law town with a Council-Manager form of government. The Town Council is vested with all the regulatory and corporate powers of a municipal corporation provided for by state law governing general law cities.

The Town Council is the Town’s legislative and policy-making body. Acting as a governing body, the Town Council is responsible for passing ordinances and orders necessary for governing the Town, as well as setting the direction of Town policies and priorities. The Town Manager is responsible for the overall administration of the Town, which includes implementation of the general policies set by the Town Council in addition to the day-to-day operations of all Town functions. The Town Manager and the staff provide the Town Council and the appointed Board, Commissions, & Committees with the information needed to fulfill their roles.

The culture of the Town of Yountville organization reflects the professionalism, dedication, and integrity of all Town staff. The Town goes through an extensive selection process when hiring and promoting Town employees. In addition to their technical knowledge, professional credentials, and competencies, potential employees are assessed on their ability to implement the Town’s mission, vision, and values found in the Town’s strategic planning framework.

Town departments are structured to provide the community with the most efficient and effective services possible. Subject to direction from the Town Manager, each department director is responsible for the business matters and services their department provides. Town services are varied and complex, including everything from municipal operations to leisure activities and utility services.

Services provided by the Town include:
• Communications and Public Engagement
• Land Use Planning, Building and Development Review, Use Permits, and Code Enforcement
• Growth/Sustainability Management and Environmental Compliance • Capital Improvement Program (CIP) Management
• Street Maintenance and Traffic/Parking Controls
• Water and Wastewater Services
• Park and Facility Maintenance
• Recreation and Special Event Programs
• Public Safety (Contracted with County Sheriff)
• Fire Services (Contracted through Napa County Fire)
• General Administration (Finance, Human Resources, Information Technology, Records Management)

COUNCIL - MANAGER FORM OF GOVERNMENT
Yountville is governed by a five-member Town Council and works under the Council/Manager style of government, which combines the locally elected Council's policy setting with an appointed professional Town Manager who supervises the organization's daily operations. The 5 Town Council is the policy-making body, with final responsibility for the delivery of all capital projects and Town services to the residents of Yountville.

The Town Council is composed of five members elected from the Town on a nonpartisan basis to serve staggered four-year terms. The Mayor is elected at-large to serve a four-year term as presiding officer at Town Council meetings and as the official head of the Town for legislative and ceremonial purposes.

All ordinances, resolutions, and significant contracts must be approved by the Council, which also approves the budget and hires the Town Manager and Town Attorney. The Town Manager is responsible for the overall administration of the Town, including the implementation of the general policies set by the Town Council and the day-to-day operation of all Town functions. The Town Manager, with the help of the staff, provides the Town Council with the information needed to fulfill its policy-making role.

The council-manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides "checks and balances" of both policy and administrative branches of government by limiting the power of each. The specific authority and duties of the Town Council, Mayor and Town Manager are established in the Section 2 of the Yountville Municipal Code.

For more information on Council-Manager form of government see Appendix B: ICMA CouncilManager Form of Government. What it is, how it works, and the benefits to your community.

STRATEGIC PLANNING FRAMEWORK
The Town Council utilizes its Strategic Plan to establish clear policy direction and overall operational priorities in line with its vision and mission. The Strategic Plan should be reviewed and updated every two years, if needed, determined by Town Council direction. 6 7

TOWN ADMINISTRATION OVERVIEW
8 Town Manager’s Office
The Town Manager provides overall administration, leadership, and direction for the Town organization, functioning in a role like that of a Chief Executive Officer (CEO) in a private company. The Town Manager is appointed by, and serves at the will of, the Town Council. The Town Manager’s Office is also directly responsible for oversight of the Town’s human resources, budgeting, purchasing, labor relations, public information, risk management and technology services operations. The Town Manager’s Office:
• Oversees the Town’s organizational and fiscal management efforts, program development and evaluation processes, service delivery mechanisms, and organizational structure.
• Coordinates the preparation of the annual Operating and Capital Budget. • Provides staff support to the Mayor and Town Council. • Oversees the Town Council agenda process.
• Administers contracts for law enforcement and fire & emergency medical services. • Administers the Town’s human resources and personnel functions. • Builds relationships with the community, including the business community. Addresses citizen complaints, inquiries, and requests.
• Works with key organizations to monitor and respond to proposed state and federal legislation.
• Works cooperatively within the region and state on issues affecting Yountville.

Town Attorney
The Town Attorney serves as the primary legal adviser to the Town Council and provides legal guidance and support to Town staff in a quasi-department head role. The Town Council contracts with the law firm of Colantuono, Highsmith & Whatley PC for legal services. The Town Attorney’s core services include:
• Serves as the legal advisor for the Town Council and attends all Town Council meetings and other key Town-related meetings as required.
• Provides legal advice and direction to Town staff related to town projects and operations. • Represents the Town in certain litigation matters and enforcement of the municipal code. • Reviews and proposes updates to the Municipal Code to respond to changes in the law or to reflect Town needs.
• Drafts or reviews all proposed ordinances, resolutions, and contracts. • Assists risk management and insurance pool in processing and evaluating all personal injury, property damage and other monetary claims against the Town, including managing claims litigation and outside counsel as necessary.

The Town Attorney represents the Town as a whole and does not provide legal advice to individuals or citizens. The Town Attorney’s office is an independent contractor, and all billed amounts include all administrative and legal support services and are therefore not directly comparable to salaries paid to individuals performing similar work.

Town Clerk
The Town Clerk provides town-wide oversight for legislative proceedings and professional support to the Town Council, Town Manager, and Town Staff. The Town Clerk administers 9 municipal elections, campaign finance and conflict of interest regulations. The Town Clerk Office administers the town-wide Electronic Records Management Program through its system Laserfiche to maintain the integrity of documented actions of the legislative bodies and accessibility of information to the public. This office performs all the mandated functions under the United States Constitution, the Constitution of the State of California, State Codes, and the Town of Yountville Municipal Code. Major functions include:
• Town Council and Boards, Committees, and Commissions Support - The Town Clerk staff prepares the Council agendas and agenda packets for the Town Council; provides broadcasting and streaming of meetings via local cable channel 28 and our Town website; and provides clerking support for video-streamed Town Council-appointed bodies Zoning and Design Review Board (ZDRB), Yountville Arts Commissions, and Parks & Recreation Advisory Commission.
• Legislative History – The Town Clerk attends meetings of the Town Council and maintains the legislative history of the Town.
• Communications – The Town Clerk Office facilitates information sharing with residents through a variety of different platforms including social media, press releases, and website content.
• Public Information Records – The Town Clerk’s office provides an array of general information and services to the public including codification of the Municipal Code and providing easy access to public records via the Document Central, the Public Records Act Request Form through the Town’s website and at Town Hall. • Townwide Records Management – The Town Clerk department is responsible for maintaining the Town’s Records Retention Schedule and providing departments with guidance on policies and best practices of records management. Staff has been implementing and maximizing the transition of paper records to electronic records management via Laserfiche. This system is constantly being updated with new records for greater public access to Town documents over the Internet. • Conflict of Interest Code – The Town Clerk is the local Filing Officer for the State of California for all local Public Officials who are required to file their Statements of Economic Interests Form 700. All designated employees, elected officials and appointed commissioners are required to file conflict of interest statements with the Town Clerk. The Town Clerk maintains regulations and forms under the State’s Political Reform Act. • Elections – The Town Clerk administers the Town’s elections including the nomination process for candidates, processing of initiative petitions and council-sponsored ballot measures.

Finance / Human Resources
The Finance Department is responsible for the financial management and oversight of all Town funds, provides centralized accounting, delivers administrative and project support to all departments, manages the Town's utility billing service, revenue collections, banking and bank card services, and provides customer service and information to the public. Major department functions include:
• Develop and monitor the Town's annual budget.
• Facilitate the Town's annual external audit, produce the Town's Annual Comprehensive Financial Report (ACFR), and coordinate other necessary accounting studies and actuarial valuations.
10 • Manage the Town's cash, investments, and trusts.
• Prepare monthly/quarterly financial reports and other various management reports. • Advise Town Manager regarding debt financing and ensure compliance with debt covenants.
• Oversee general ledger and use of financial software, ensure accuracy of financial data, and manage the Town's Transparency Portal.
• Process bi-weekly payroll, weekly payments to vendors, routine accounts receivable invoices, and monthly utility billing.
• Maintain and annually update the Town's Master Fee Schedule. • Manage collections, accounting and reporting for the Town's Transient Occupancy Tax (TOT), Measure S Tax, and Napa Valley Tourism Improvement District Assessment.

Human Resources leads the Town of Yountville in positive employee relations, talent management, succession planning, and employee engagement while protecting employee health, and supporting workplace safety protocols. Human Resources strives to recruit, develop, and retain a diverse, well-qualified and professional workforce that reflects the high standards of the community. Key responsibilities include:
• Employment Recruitment & Selection
• Employee Benefit Administration
• Employee Training & Development
• Employee and Labor Relations
• Compensation & Classification Administration
• Risk Management, Safety, and Workers Compensation
Planning & Building
The Planning & Building Department is responsible for guiding the physical growth and development of the community. Building staff reviews building permit applications for compliance with State and local building codes (structural, electrical, mechanical, plumbing, and energy efficiency) and provides plan check and inspection services for all new construction activity.

Planning staff provides information on land use, zoning and site development standards and reviews land use and design review applications for consistency with the Town’s General Plan and Zoning regulations. Planning staff is also responsible for various regulatory and policy programs, including administration of the Town’s General Plan, State compliance reporting, rental registration permitting, Use Permit compliance monitoring, and employee parking monitoring. Both building and planning staff are responsible for investigating complaints concerning possible violations of the Town’s building and zoning code regulations.

The Planning & Building Department is the staff liaison for the Zoning & Design Review Board (ZDRB)
Public Works
The Public Works Administration and Engineering Division provides administrative support for all Public Works Divisions. The Department is responsible for the overall management and direction of the Public Works Department including the Capital Improvement Program (CIP), agreements, contracts, regulations, programs, procedures, and policies for streets, parks, facilities, water distribution, wastewater treatment, and wastewater collections systems and 11 processes. The Department provides a variety of projects and support services to both internal and external customers. Staff provides plan checks for private development projects to provide advice on compliance with applicable State and Federal regulations and Public Works Standards.

The Public Works Administration and Engineering Division are staffed by a Public Works Director, a Deputy Director, an Engineering Technician and a shared (Finance) Senior Management Analyst. This lean staff, along with Municipal Operations and Utilities Division staff manage the day-to-day operations, budget and planning for the Public Works Department.

The Public Works Department continues to maximize service delivery using Town Staff. This process results in a more responsive, responsible, and effective department. Examples include improved regulatory compliance, increased employee safety, reduced risk of liability, reduced purchasing costs, better-managed infrastructure, reduced energy costs, coordination with other departments, increased training, and staff development.

Parks & Recreation
The Parks and Recreation Department provides a wide range of recreation programs, events and services to the residents and visitors of Yountville as well as residents of our surrounding communities. We provide many areas of service for preschoolers, youth, teens, adults and older adults. Programs and services include fitness classes, lifelong learning programs, dance, martial arts, sports, school break camps, and special events. The Department is committed to the following:
• Identifying and responding to the needs of a diverse population, with programs that serve seniors, youth, families, homeowners, renters, and low-income residents. • Promoting the spirit of the hometown community by including volunteers and program participants as integral parts on ongoing projects.
• Facilitating communication between local human service providers in order to increase effectiveness and continually improve programs through shared expertise. • Managing Town compliance with a variety of federally mandated programs, targeting those resources toward identified local priorities.
• Operates Community Center as both a community recreational facility, local affordable events center and as a PG&E PSPS (Power Safety Power Shutoffs) event and has provided shelter for residents and those living in unincorporated areas of the County of Napa.
• Facilitating the Yountville Art Walk, Art @ the Community Center and the Literary Arts.

The Parks and Recreation Department serves as the staff liaison department to the Parks & Recreation Advisory Committee, the Yountville Arts Commission, and the Yountville Community Foundation.

Law Enforcement
The Town has contracted with the Napa County Sheriff’s Office to provide law enforcement services to the Town since incorporation on February 4, 1965. The Sheriff’s Office is responsible for the protection of life and property, the control and prevention of crime, and the enforcement of vehicle laws and regulations. The Town and Sheriff’s Office are committed to exercising their 12 responsibilities in a prudent and fair manner respecting individual dignity regardless of age, sex, social status, ethnic group, or creed. The Sheriff’s Office works with the Town of Yountville staff to help prevent and alleviate crime problems in Town and will remain flexible and innovative in attempts to find superior methods of serving the populace and responding to the law enforcement and community policing needs that are of concern to residents, businesses, and visitors to Yountville.

Fire & Emergency Medical Services
The Town of Yountville provides the community with fire protection and emergency medical services by contracting for Cooperative Fire Protection services with the Napa County Fire Department (NCFD). NCFD is responsible for fire suppression, emergency medical response, fire prevention, fire investigation, public education, technical rescue, hazardous material mitigation, domestic preparedness and response, and vegetation management. The current agreement is composed of three (3) funding partners (Napa County, Veterans Home, and Town of Yountville). Yountville Station 12 located on Solano Avenue in Yountville is recognized as a model for regional cost-sharing of local Fire and Emergency Medical Services.

NCFD contracts with CAL FIRE as its service provider is responsible for fire protection and emergency services for all the unincorporated areas of Napa County. NCFD consists of both career firefighters, from the CAL FIRE Sonoma-Lake-Napa Unit, and volunteer firefighters from nine stations in Napa County. The fire apparatus and equipment assigned to NCFD, as part of its contract with CAL FIRE, are owned by the County of Napa.

CAL FIRE provides administrative and clerical support, a logistical service center, dispatching, training, fleet maintenance and operational oversight as part of the contract. The NCFD Headquarters is located at the County of Napa Offices at 1125 Third Street in downtown Napa.

STATUTORY REQUIREMENTS / REGULATORY GUIDELINES
Certain state laws, the Yountville Municipal Code and other regulations exist which govern various responsibilities of the Town Council and Town Boards, Commissions, and Committees.

This protocol manual is not intended to duplicate, modify, or supersede or any existing statutes or regulations. Town Council Members are responsible for becoming familiar with these statutes and regulations and any discrepancies with state law or the Yountville Municipal Code will result in these laws taking precedence.

The Brown Act
The Ralph M. Brown Act (“Brown Act”) is a law which provides that all meetings of a legislative body, whether meetings of the Town Council or its appointed commissions and committees, shall be open and public and all persons shall be permitted to attend. In order to ensure open and public meetings, the Brown Act includes numerous and detailed provisions affecting Town Council conduct. For example, regular meetings of the Town Council, or of other public bodies subject to the Brown Act, must be noticed and an agenda provided 72 hours prior to the meeting.

Special Meetings require only a 24-hour notice and emergency meetings may be called with less time for notification. With a few exceptions and special rules, a “meeting” takes place whenever 13 a quorum is present and subject matter related to the Town business is heard, discussed, or deliberated upon. Please refer to the Brown Act, California Government Code section 54950 et seq., for further details.

Political Reform Act
The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. The Political Reform Act establishes regulations regarding Conflicts of Interests and Campaign Receipts and Expenditures.

The statutes (the Political Reform Act of 1974) provide that certain municipal officers must disclose their "economic interests" periodically on forms provided by the Fair Political Practices Commission (FPPC). These municipal officials are members of the Town Council (including the Mayor), members of the Zoning & Design Review Board, the Town Manager, the Town Attorney, and the Finance Director.

Statements of Economic Interests (Form 700) are submitted by these officials electronically via NetFile to the Town Clerk’s Office who ensures the NetFile system forwards a copy to the FPPC in Sacramento. In addition, the Town is required to determine which of its other officials, Commission members, consultants, and employees perform duties that involve potential conflicts of interest. The Town has adopted a resolution outlining those positions, called "designated employees." Those Commissioners, consultants, and employees are required to disclose their economic interests.

Form 460/470 – Financial Campaign Statements are filed annually in July; or semi- annually in January and July as required by FPPC if you don't close your committee.

Conflict of interest is a complex issue. Council Members should carefully consider and monitor “gifts” from any person or organization, whether the gifts are financial support, loans, event tickets, meals, etc. Many of these gifts may need to be reported and may present a conflict of interest when considering and/or voting on projects or issues related to the person presenting the gift. Questions relating to conflict of interest should be directed to the FPPC or the Town Attorney.

Mandatory Training
Ethics Training for Local Officials (AB 1234)
Assembly Bill 1234 requires (among other things) that all local agencies that provide compensation, salary, or stipend to, or reimburses the expenses of, members of a legislative body must provide ethics training to local agency officials by January 1, 2007 and every two years thereafter. Training is currently provided through the Fair Political Practices Commission (FPPC), League of California Cities or by the Town, as needed.

Sexual Harassment Prevention Training
Council Members are required to take Sexual Harassment Prevention Training every two years. 14 Rosenberg’s Rules of Order
All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule, or regulation of the Town shall be governed by Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (attached as Appendix A).

However, no ordinance, resolution, or other action of the Town Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Town Council to observe or follow such rules. Rosenberg's Rules of Order are incorporated except to the extent they are modified.

Town of Yountville Municipal Code
Town of Yountville’s Municipal Code consists of those codified ordinances of general municipal regulations and laws and may be referred to as the Municipal Code. The Town Clerk is responsible for coordinating the codifying of ordinances as adopted by the Town Council which affect the Municipal Code and provides supplements on a bi-annual basis. The Municipal Code sets forth the regulatory, penal, and administrative laws of general application to the Town.

These laws are enforceable by the Town, and violations thereof can constitute a misdemeanor or an infraction.

The Municipal Code is divided into the following categories:
• General Provisions
• Council, Administration and Personnel
• Revenue and Finance
• Business Taxes, Licenses and Regulations
• Animals
• Health and Safety
• Public Peace and Welfare
• Vehicles and Traffic
• Streets, Sidewalks, Public Places and Parks
• Public Services
• Building and Construction
• Subdivisions
• Zoning
Other directives and policies of the Town Council are recorded in Council Resolutions, Council Policies, or summary action minutes of the Council meetings.

Town of Yountville General Plan
State Law requires every community in California to have a General Plan, which must contain seven elements: Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety.

An updated Housing Element that is consistent with State housing laws must be submitted to the State for review every eight years. The latest comprehensive General Plan review occurred as part of the Envision Yountville effort in 2017 and 2018 with final approval in 2019.

Town of Yountville Fiscal Year Budget
The Town’s Fiscal Year Budget covers the period from July 1 through June 30. The Fiscal Year Budget is developed through various Budget Workshops or Work Sessions whereby Council 15 together with staff and public input establishes priorities for the upcoming Fiscal Year. The Fiscal Year Budget document consists of an overview of the prior year’s budget, significant activities, activities of the state relating to the budget, current outlook, general fund revenues and expenditures, lease revenue bonds, personnel, enterprise, and special project funds. Once adopted by the majority of the Town Council, the budget sets policy for the coming fiscal year. It also approves expenditures, authorizes staffing levels, and serves as a tool for current year goals and objectives.

Town Of Yountville Five-Year Capital Improvement Program (CIP) The Capital Improvement Program (CIP) is the primary infrastructure and planning tool for the Town. The CIP is a statement of the Town’s policies and financial abilities to manage the physical development of the community’s streets, water, sewer, public facilities, parks, and recreation facilities infrastructure needs.

The Capital Improvement Program (CIP) is a five-year planning instrument used by the Town to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public. Each year projects are reviewed for priority and rearranged as necessary. The first year of the CIP reflects the Capital Budget generally adopted in June of the current Fiscal Year Budget. The remaining four future years represent a schedule and estimate of future capital needs that may be funded given projected revenue estimates. 16 CHAPTER II

TOWN COUNCIL ORGANIZATION

AND ROLE OF COUNCIL MEMBERS
17 OVERVIEW
The primary role of the Town Council is to provide legislative and policy direction on matters affecting the Town. The Town of Yountville’s five-member Town Council is comprised of four Councilmembers and the Mayor, who are the legislative and policy-making body of the City. The Mayor and Councilmembers are elected citywide to serve four-year terms, unless appointed due to a vacancy. The Mayor acts as the presiding officer of the Town Council, which works closely with the Town Manager to ensure policies are effectively put into action.

The goals and objectives of the governing body are accomplished through the adoption of ordinances and policy resolutions, adoption of the Town budget, approval of contracts and agreements, and review of the Town’s General Plan. Regular Town Council meetings are held on the first and third Tuesdays at 3:00 p.m. in the Town Hall Council Chambers. Meetings are streamed live on the Town’s website and archived online.

The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible to its citizens for:
• Establishing community-wide goals that address short and long-range needs. • Formulating policies that define a course of action that shape Town operations. • Providing quality services within available resources. • Acting as a link between the professional staff and local community members.

All Members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes. Town Council Members are local leaders who fulfill their role and responsibilities through the relationships they have with each other and the public. The electorate expects the Council to set the tone and direction for municipal operations that reflects ethical behavior, honesty, and integrity.

MUNICIPAL ELECTIONS
The consolidated general municipal election for the Town shall be held on the first Tuesday after the first Monday in November of even-numbered years beginning November 2006. (Municipal Code Section 2.04.070) Each candidate who runs for office shall comply with the residency requirements in place as established by the California Elections Code or, if permitted, by any other requirements imposed by the Town Council by ordinance as authorized and permitted by law.

MAYOR AND COUNCIL MEMBERS TERMS OF OFFICE
The Mayor is a directly elected member of the Town Council and shall be elected for a term of 4 years. Members of the Council shall be elected for terms of 4 years. The Mayor and Council shall hold office from the date of the installation of officers following adoption by Council of the official canvass of the election and until their successors are elected and qualified. (Municipal Code Section 2.04.010)
18 DUTIES OF MAYOR AND VICE MAYOR
Mayor
The Mayor shall preside at the meetings of the Council and perform such duties as may be approved by the Council or as provided by the Municipal Code. The Mayor may make or second any motion, and present and discuss any matter, as a member of the Council. The Mayor does not possess any power of veto. When the Mayor represents the Town while interacting with the business community, public agencies, or community leaders, the Mayor will make best efforts to share with the other Council Members any feedback or information received by the Mayor at the next Council meeting, or as part of the Town Manager’s correspondence to the Town Council.. The Mayor shall represent as Town policy or position only on those matters on which the Council has taken a position by resolution or other public action.

Unless otherwise designated, the Mayor may sign:
a) All warrants drawn on the Town Treasury;
b) All conveyances made or entered into by the Town;
c) All instruments requiring the Town seal
The Council may provide by resolution or ordinance that the instruments described in a, b and c above, be signed by an officer other than the Mayor. Pursuant to Resolution adopted January 19, 2010; the Town Council designated and authorized the signatures of the Town Manager, Town Finance Director and Planning/Building Director on Town warrants.

The Mayor shall serve as Chair of the Disaster Council convened in accordance with the Town’s Emergency Operations Plan (pursuant to Municipal Code Section 2.52.030).

Representation at Ceremonial Functions
The Mayor shall be recognized as the senior official of the Town for all ceremonial functions.

The Mayor may, at his/her own discretion, ask another Council Member to represent the Council at any function. Should an individual Council Member, other than the Mayor, be asked to make a ceremonial presentation on behalf of the Town the individual Council Member should redirect the request to the Mayor.

Council Members shall be reimbursed for admission and meal expense to attend ceremonial functions for which the Council Member was invited to represent the Town in accordance with the Town’s Travel and Expense Policy.

Vice Mayor
If the Mayor is absent or unable to act, unless where otherwise directed per the Municipal Code or Handbook, the Vice Mayor shall serve in the roles and responsibilities until the Mayor returns or is able to act.

Vice Mayor Appointment Process
The office of Vice-Mayor shall be an appointed office. Vice-Mayor appointment shall be determined by seniority through a rotation that allows every elected Council Member the opportunity to serve as Vice Mayor during a four-year term. Seniority is established by the 19 number of consecutive years the Councilmember served on the Town Council. In the event two or more Councilmembers have equal seniority then the Councilmember with the most votes in their last regular general election shall have the opportunity to serve as Vice Mayor.

Councilmembers may choose to not assume the appointment and pass the position to the person of next highest seniority. Once a Council Member has served as Vice Mayor they are moved to the back of the rotation until others on the Council have the opportunity to serve. The Vice-Mayor shall serve a 1-year term.

The Vice-Mayor shall have all the powers and duties of the Mayor should the Mayor be absent or unable to perform any of those duties for any reason (Municipal Code Section 2.04.050).

SEATING ORDER
At the time of the Council change in membership, the Mayor shall have the prerogative to designate the seating order for the Council dais. Otherwise, the seating order shall be organized by seniority, with the Vice Mayor seated to the right of the Mayor, most senior Council Member on the right side of the Vice Mayor and the least senior to the far left of the Mayor.

VACANCIES
When a Council Member is absent without permission from all regular council meetings for 60 days consecutively from the last regular meeting he/she attended, his/her office becomes vacant and shall be filled as any other vacancy.

Vacancies in the Council shall be filled in accordance with Government Code section 36512. (Municipal Code Section 2.04.080)

CODE OF ETHICS
Preamble
The residents and businesses of Yountville are entitled to have fair, ethical, and accountable local government. Such a government requires that:
• Public officials comply with both the letter and spirit of the laws and policies affecting operations of the government;
• Public officials be independent, impartial, and fair in their judgment and actions; • Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, the Town of Yountville Town Council adopts this Code of Ethics to encourage public confidence in the integrity of local government and its operation. Councilmembers will abide by the following principles:
20 Principles
• Be Respectful: Treat each other with respect, even when/especially when there is disagreement.
• Engage in Open and Honest Communication: Be direct, straightforward, and transparent with each other.
• Be Honest and Truthful: Act with integrity and authenticity; be ethical; follow the letter and spirit of the laws and policies affecting operations of the government. • Address Difficult Issues: Confront challenging topics directly; avoid talking around them or not talking about them at all.
• Find Areas of Common Ground: Seek areas of agreement; identify shared interests, values, and positions.
• Be Open to Different Perspectives: Keep an open mind; be willing to change your views with new information, data, etc. Inform yourself on public issues and listen attentively to public discussions before the Council.
• Give the Benefit of the Doubt: Freely give credit for good intentions; avoid ascribing bad intentions.
• Role Model Good Leadership: Be professional; demonstrate effective leadership for the community; base decisions on the merits and substance of the matter submitted for review. • Be Considerate of Each Other’s Time: Manage expectations about responsiveness and availability, recognize the time limitations and constraints of your colleagues.

Public Interest
Council Members will work for the common good of the people of Yountville and not for any private or personal interest, and they will endeavor to treat all persons, claims, and transactions in a fair and equitable manner. Council Members shall comply with the laws of the nation, the State of California, and the Town in the performance of their public duties.

Conduct
Council Members shall refrain from personal charges or verbal attacks upon the character or motives of others.

Council Members shall perform their duties in accordance with the processes and rules of order established by the Town Council.

Council Members shall inform themselves on public issues; listen attentively to public discussions before the body; and focus on current business issues.

Council Members shall base their decisions on the merits and substance of the matter submitted for review.

COUNCIL SUBCOMMITTEES
The Town Council and may establish Council subcommittees from time-to-time. Subcommittees usually comprise less than a quorum of the Council and are generally used to provide more detailed review and analysis of complex issues. Subcommittees make recommendations to the entire Council but cannot take formal action on behalf of the Council. 21 The Brown Act establishes two types of Council subcommittees: standing committees and ad hoc advisory committees.

Standing Committee
Under the Brown Act, “standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body” are subject to all open meeting requirements.

Standing Committees shall be established and consist of two Councilmembers appointed by the Council. Membership shall only be modified by Council action. Standing Committees shall select a Chair to conduct meetings.

Ad Hoc Advisory Committee
Ad hoc advisory committees are composed of two members of the Council and are created for a limited time for a particular purpose. Under the Brown Act, ad hoc committees do not have to comply with open meeting requirements.

The Town Council may create and determine the members of Ad Hoc Advisory Committees to assist in particular matters as they arise. Members of the Council may request the creation of an Ad Hoc Advisory Committee through the Town Manager or placing the matter on the agenda provided in agenda setting procedures. Ad Hoc Advisory Committees have a fixed, limited assignment and recommendations of the Committee must be presented to the entire Council at a noticed meeting. Any action to modify the membership or purpose of the Committee shall be placed on the Council agenda.

EXTERNAL COUNCIL BOARDS & COMMISSIONS
Councilmembers are requested to serve on various boards and committees for external agencies. Annually, after a regular election or as vacancies arise, the Council shall review the list of current assignments and make appointments. Any Councilmember desiring to serve on a certain committee (or who desires not to be considered) should inform the Council in open session. These appointments are subject to approval by the majority of Council. Some external boards require the Mayor and/or Vice Mayor be appointed.

Town Councilmembers and their Alternates appointed to an external Board or Commission shall coordinate with each other directly when the Member is unable to attend a meeting shall coordinate directly with the Alternate to attend in their absence.

Town Councilmembers receiving a stipend for serving on an external board or commission shall report the stipend amount to the Town Clerk in order to complete and comply with the Political Reform Act.

If a member of the Town Council appears before another governmental agency or organization to give a statement on an issue affecting the Town, the Councilmember should first indicate the 22 majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies these statements do not represent the position of the Town Council.

Annually the Mayor and Council Members discuss and choose to appoint Council Members to standing and ad hoc committees, Town boards, commissions, and committees, regional boards and commissions, and community-generated committees. The Council will attempt to balance shared responsibilities and opportunities among all Council Members when making committee recommendations.

The appointed Member is the primary attendee and voting participant for the Committee(s) to which they are appointed. If a Member cannot attend, the Alternate should attend on the Member’s behalf as the Yountville representative and voting participant. Alternates may attend a meeting as a member of the public in the audience when the Member is in attendance. In these circumstances, the Alternate may not vote or take other action that may affect the primary’s effectiveness on the Committee. When serving as the primary Council representative on any board, commission or committee, Council Members should periodically provide updated reports to the Council during the “Council Reports” opportunity on the Council meeting agenda.

CITIZEN BOARDS, COMMISSIONS, & COMMITTEES
The Town Council recognizes the valuable resources that exist in the community and appreciates the public participation and input in the operation of Town government. Therefore, the Town Council establishes various advisory boards, commissions, and committees, taskforces, standing committees and/or ad hoc committees for the purpose of assisting in the effectiveness of Town government and services. Board, Commission and Committee members are subject to the same statutory requirements, regulations and code of ethics, and meeting procedures, unless specified otherwise.

The Town currently has the following Board, Commissions and Committees (BCC):

1. Zoning & Design Review Board

2. Yountville Arts Commission

3. Parks and Recreation Advisory Commission

4. Yountville Community Foundation

5. Measure S Affordable and Workforce Housing Oversight Committee Members of the Town Council should not attempt to influence or publicly criticize BCC recommendations, or to influence individual members on any item under their consideration. It is important for such bodies to be able to make objective recommendations to the Town Council on items before them. Members of the Council who attempt to influence commission positions on any item may prejudice or hinder their role in reviewing the body’s recommendation as a member of the Town Council.
23 The majority of Council may from time-to-time direct ad hoc committees or Councilmembers to meet with BCC for specific purposes such as establishing goals or for problem solving.

Process For Citizens Boards, Commissions, And Committees Appointments The Town Clerk posts a Notice of Vacancy in the Town designated posting locations, the Town’s website and sends a Media Release to the Yountville Sun advertising vacancies on Town Boards, Commissions and Committees either in preparation for the expiration of a BCC Member’s term or as result of an unexpected vacancy.

The Town Council will interview applicants at one or more meetings during which each applicant will be evaluated by considering qualifications and performance during the interview(s). To ensure a fair and transparent process, each Councilmember is required to indicate their preferred applicant utilizing a ballot system. At the same or future meeting, the Town Council will consider appointment of the applicant(s) receiving the highest number of ballots. In the event two or more applicants receive an equal number of ballots (“tied applicants”) and there are fewer vacancies than tied applicants, the Council will resolve the tie by holding another round of balloting exclusively among the tied applicants. At the same or future meeting, the Town Council will consider appointment of the applicant(s) receiving the highest number of ballots. In the event the number of applicants equals the number of vacancies, the Town Council may waive the interviews and make the appointments based on the applicants' qualifications. This allows the Town Council to promptly fill available positions while ensuring all selected candidates meet the qualifications for their respective roles. All ballots shall be disclosable public records.

The Town Council may choose not to appoint one or more applicants to fill a vacancy.

In this instance, the Town Clerk will re-advertise the vacant position(s) to seek additional applicants.

Annual Report to Council
The Chair of each BCC shall make an annual report to the Town Council at a regular meeting.

The Town Council may ask the BCC Chairs to engage in strategic planning/goal-setting to discuss current projects, potential projects and assist with prioritization consistent with Town Council goals and priorities.

OFFICIAL TOWN COMMUNICATIONS
One of the Council’s fundamental roles is communication. The Council communicates with the public to share the Town’s vision and goals and to determine community opinions, needs, and desires. Council must also communicate with staff to provide direction on policy.

Communications from Council
The Council acts as a body and it is important that individual Councilmembers understand general guidelines when communicating on behalf of the Council, or Town. On occasion, Councilmembers may wish to communicate on an issue on which the Council has not yet taken a position or about an issue for which the Council has no position. In these cases, the Councilmember should be mindful of their role and make it clear that he/she is expressing a personal view, rather than that of the Council.
24 Members of Council will often be requested to correspond with citizens, business, and public agencies. Such correspondence might be a response to an inquiry, a reference for an individual or business, etc. In the case of communicating the Town’s position on a policy matter, the Town Manager will generally handle such correspondence.

It is appropriate for the Council to use Town letterhead, email address, and Council titles when sending correspondence that communicates official Town business. Staff support is also available for preparing and sending such correspondence; please forward requests to the Town Manager. Town letterhead, email, staff support, and postage may not be used for personal or political purposes.

Communications to Council
Mail, including letters, emails, and memos, that is received by the Town and addressed to an individual Councilmember(s), will either be copied or scanned and forwarded to all Councilmembers.

Town Manager/Staff Communications
The Town Manager will provide communication to the Council and community in a clear and consistent manner. Certain communications are designed for the community and will be distributed through different mediums depending on the message. These types of communications can be redistributed and the Council and community see fit. Other communications are either private or confidential and should not be redistributed unless otherwise authorized.

Citizen Complaints
All complaints directed to the Mayor or Council shall be given to the Town Manager with a copy to the Town Clerk for informational purposes. If warranted, the Town Manager or their designee shall draft a response to the complaint for either the Town Manager’s or Mayor’s signature, as appropriate, with a copy to the Town Council, Town Manager and Town Clerk. Council members are discouraged from responding directly to complaints without coordinating with the Town Manager to gather information to ensure a unified response and to prevent dual efforts in the event another department is already preparing a response. If the Mayor or Council Member receives a complaint and desires it be addressed by the Town Manager, they should present it to the Town Manager for disposition and tracking. Town staff will copy or otherwise communicate all responses to the Town Council.
25 California Public Records Act
Generally, any item, such as letters, emails, maps, photographs, audio recordings, etc. that is prepared and/or maintained or which is received in the course of operation of a public office is defined as a public record by state law. Such records must then be maintained and produced if requested. Email messages generated and received through the Town e-mail system are Town property and may be retrieved from storage even if they have been deleted by the sender and receiver.

26 CHAPTER III

TOWN COUNCIL MEETINGS
27 TYPES OF COUNCIL MEETINGS
Regular Meetings
The Yountville Town Council holds regular meetings on the first and third Tuesday of each month at 3:00 p.m. State law (the Ralph M. Brown Act) requires that public notice be given at least 72 hours before the meeting indicating the time and place of the meeting. An agenda of each meeting is posted at Town Hall, Community Center, Postal Office and a copy is sent to the Veterans Home.

Special Meetings
The Town Council can also call special meetings to review and discuss specific topics. Members of the Town Council and the public must receive notices of special meetings at least 24 hours prior to the time of the meeting. The notice must specify the time and place of the special meeting and the business to be transacted or discussed. Regular ordinances may not be adopted at special meetings; only urgency ordinances may be adopted at such meetings. Items not listed on the agenda shall not be considered at the special meeting.

Study Sessions/Special Meeting
Study sessions are a type of special meeting that is less formal and open to public interaction.

The purpose of the study session is to give the Council the opportunity to review one or few items that require more in-depth study than time allows on the regular meeting agenda, and to receive informational reports/items that require no formal action. Staff will make best attempts to schedule these study sessions prior to the regular meetings on 1st and 3rd Tuesdays.

Closed Sessions
Closed sessions may be held to discuss certain matters specified by law, including • Public employee appointments, evaluations, and discipline • Labor negotiations
• Real property negotiations
• Existing or anticipated litigation
Closed sessions are attended by the Town Council, Town Manager, Town Attorney, appropriate management staff, and occasionally by a special consultant or attorney, depending upon the matter under discussion. Closed sessions are not open to the public.

The public may only speak under Verbal Communications during closed sessions. Matters discussed during closed session are confidential and may not be discussed with anyone outside of the closed session or during a public meeting. Violations of the closed session confidentiality requirement could put the Town in a perilous position with respect to litigation and represent a violation of the law for the person violating the confidentiality requirement.

If any final decisions are made in the closed session meeting, the Council must reconvene in an open session where it may be required to report the specific votes and actions taken by the Council.
28 Budget Hearings
Every year the Town Council holds budget hearings to review funding allocations for the goals and objectives outlined by the Town Council.

All meetings (regular, special, or closed sessions) must be conducted within the geographical boundaries of the governing body’s jurisdiction, unless specifically exempted.

Emergency Meetings
Emergency meetings may be called by the Town Council with one-hour notice to its Members. The Town Council may not meet in closed session during an emergency meeting. Except for the 24-hour notice requirement, the special meeting requirements set forth above shall apply in emergency meetings.

Continued Meetings
A Council meeting may be continued from time to time in accordance with the Brown Act.

Remote Participation
Councilmembers may participate in Council meetings remotely by following the procedures in Government Code section 54953, as may be amended from time to time.

AGENDA
The Town Clerk is responsible for preparing the agenda in consultation with the Town Manager. The agenda is a listing of each business item the Council will consider during its meeting. Town Council Members have a responsibility to come to meetings well prepared – having read staff reports and attachments and requesting in advance any necessary and available information from the Town Manager.

Town Council agenda packets are published on the Town’s website. The agenda, plus any associated staff reports, may be viewed online and Council Members have the option to use the annotation feature within the agenda management system PrimeGov. Agendas are available to the public at Town Hall, Community Center, Post Office and with a copy to the Veterans Home the Friday prior to the meeting, and a Viewing Copy of the agenda packet is available at every regular meeting.

Council Members are provided a stipend to purchase an iPad for their use to access the Council agenda packets. Instructions and training will be provided by the Clerk’s office.

AGENDA SETTING
The Town Manager reviews and approves all items for the Council agenda. The Mayor & Councilmembers may consult with the Town Manager and coordinate in the development of agendas for meetings of the Town Council.

Two Council Members may also make a written request to the Town Manager for an item to be placed on the agenda. A written request with the signature of two Councilmembers will be reviewed with the Town Attorney for its appropriateness and a determination of what type of 29 meeting is best suited for the request (regular/special/closed). If deemed appropriate, the Town Manager will add the requested items to an agenda within a three (3) month time frame following the request.

AGENDA SECTIONS
• Call to Order – Meeting sessions begins
• Roll Call – Council Members attendance
• Pledge of Allegiance
• Adoption of Agenda – Accepting agenda as presented
• Announcements – Council Member announcements (5 minutes total) • Proclamations and Recognitions
• Non-agenda Public Comment
• Consent Calendar – Routine items to be approved by Council • Presentations – Guest presentations
• Public Hearings - Open consideration of an issue within a regular meeting • Administrative/Regular Items – Items requiring Council direction and action • Staff Presentations and Informational Reports
• Council External Meeting Reports
• Closed Session
• Adjournment
Adoption of the Agenda
The Mayor shall, at any time by majority consent of the Councilmembers, permit a Councilmember to propose the reordering of agenda items. However, reordering of items is normally done during the Adoption of the Agenda process.

Announcements
Councilmembers may make announcements of general interest to other Councilmembers or members of the public. These announcements may include, but not be limited to, upcoming community events, meetings of general community interest, or other general information. No written material will be presented, no recommendations will be made, and no actions will be taken. Announcements should be limited to a total of five minutes, or one minute per member.

These announcements should not be confused with Council reports on external boards and committees that are agendized at the end of the meeting.

Proclamations and Recognitions
The Mayor issues proclamations to give special recognition by the Town to an individual, event, issue, etc. Proclamations are not statements of policy and do not require the official approval or action of Council. Requests for proclamations or ceremonial certificates should be directed to the Mayor for her/his consideration.
30 Non-Agenda Public Comment
During open meetings of the Town Council, members of the public have the opportunity to address items of interest that are not on the agenda within the subject matter jurisdiction of the Yountville Town Council. The Presiding Officer has the discretion to hear these comments at the beginning of the meeting, or at the end.

Consent Agenda
Councilmembers will attempt to have their questions about consent agenda items answered by Town staff before the Council meeting. Councilmembers may ask a brief clarifying question about a Consent Agenda item without pulling it. If there is a policy question or deeper line of questioning, it should be pulled from the Consent Agenda.

Should a Councilmember want to pull an item from the Consent Agenda, the Councilmember will provide the Presiding Officer and Town Manager advance notice of intent to pull the item.

The Councilmember will announce which items they intend to pull at the beginning of the Consent Agenda.

Before the Council’s consideration of the Consent Agenda, members of the public are invited to comment on any Consent Agenda items. After public comment, any Councilmember may remove Consent Agenda items from the Consent Agenda. Items remaining on the Consent Agenda will be acted upon by the Council by a single motion. Items removed from the Consent Agenda will be considered after the Council vote on the Consent Agenda. Members of the public may comment on removed Consent Agenda items before the Council acts on these items.

It is acceptable to register a “no” vote on an item on the Consent Agenda without pulling the item from the Consent Agenda. The Councilmember would state that the Councilmember wishes to vote “no” on the item, with or without a brief explanation, before the Mayor calls the vote. After the vote, the Mayor will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting “no” on
item x.”
Public Hearings
Public Hearings can be legislative or quasi-judicial (adjudicatory) and may be required on certain items as prescribed by the municipal code or by state or federal law.

Legislative decisions generally involve fundamental policy questions of jurisdiction-wide concern; legislative decisions involve changes in existing law to govern future situations.

Quasi-judicial hearings call for Council to assume a judge-like role, applying rules to specific facts. Quasi-judicial decisions are subject to more exacting judicial review and should be accompanied by carefully drawn findings in support of the decision made. Ex Parte communications (communicating with the applicant or others interested parties) should be avoided and must be disclosed during these type of hearings.

The Public Hearing process is a guideline and not intended to duplicate, modify, repeal or supersede any state or federal regulations. Public Hearing notices shall be posted ten (10) days 31 prior to the meeting, except those requiring separate posting requirements as provided by applicable law. The general procedure for public hearings is as follows:
a. The Mayor opens the public hearing.
b. Town Council members should disclose any ex parte communications with applicant and/or related parties.
c. Staff presents its report. Council Members shall only ask questions of staff and defer any opinion or Council discussion on the item(s) until after the public comments section of the meeting.
d. Applicant(s) shall present their request/proposal for up to 15 minutes. However, an applicant may request additional time.
e. Members of the public shall present their comments subject to time limits established by Council at up to 5 minutes per speaker. The Mayor may approve time reductions or extensions, as necessary.
f. Applicant(s) shall be permitted 5 minutes at the close of public comments to summarize their application and address any issues raised by Public Comment. g. The Mayor closes the public hearing after everyone wishing to speak has had the opportunity to do so.
h. Council addresses questions from applicants/appellants or the public, proceeds with questions and deliberation, discussion, and takes action. For quasi-judicial matters, Council members should not express any opinion or position on the matter being heard prior to the close of the public hearing and not until all evidence, both oral and written, has been presented and the public hearing has concluded. Adhering to this practice will avoid the appearance of bias by any one or group of members of the Town Council and will ensure that parties appearing before the Town Council will receive a fair hearing. i. For matters of a legislative nature, it is strongly recommended, but not required, that members of the Town Council defer expressing their views on such matters involving legislative decisions until such time as that issue is presented to the collective body at a meeting of the Town Council and Council members have had an opportunity to hear comments from the public. Each member of the Town Council shall use his or her own good judgment and discretion in adhering to this recommended practice.

Administrative/Regular Items
The Administrative/Regular items portion of the meeting is for those reports brought forth for Council approval that are neither public hearings nor reports of Council or staff, but require adoption of a resolution or require action by the Council. The staff and regular item reports shall address how the item furthers or is consistent with the Town’s strategic goals and budget approvals. General standard procedure for administrative/regular agenda items that require votes is as follows:
• Agenda Report Presentation
• Council Clarifying Questions
32 • Public Comment
• Council Motion and Second
• Council Deliberations and Vote
Generally, there is a preference for reserving Councilmembers comments for the deliberative process after questions have been asked and answered. The Mayor acts as the Presiding Officer and should recognize Council Members request to speak in an orderly fashion. Council Members should be acknowledged by the Presiding Officer before they begin asking questions or deliberating. All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the Town shall be governed by Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century, which are attached to this handbook.

Staff Presentations and Informational Reports
The Staff Informational Reports portion of the meeting agenda provides an opportunity for the Town Manager and/or Town Staff to report on items of interest, status reports on significant projects, updates on events or meetings they participated in, provide acknowledgement to citizens or individuals, or address requests for information or follow-up by Town staff on particular matters as requested by the public.

Informational Reports can be presented in Staff Report format and the report is not intended to be a verbal report. Additional reports may be done verbally.

Council External Meeting Reports
Council members will provide reports to the Council and community about external boards and committees where Town business is discussed or acted upon.

PROCEDURES FOR PUBLIC COMMENT
Members of the public are entitled to speak on matters of municipal concern (i.e., within the subject matter jurisdiction of the Town) not on the agenda, during that portion of the meeting agenda reserved for non-agenda public comment. Members of the public are also entitled to speak on an Agenda item before or during consideration of that Agenda item. Public comment(s) submitted in writing at 4:00 p.m. the day before the Town Council meeting days will be distributed to the Council and read into the record. Public comment(s) submitted in writing after aforementioned deadline on Town Council meeting days will be included into the meeting record after the meeting.

During regular meetings these comments have a time limit of five minutes; however, the time limits may be shortened or lengthened accordingly by the Mayor, depending on the number of requests to speak and/or the length of the meeting. During study sessions, or other less formal special meetings, public comment can be adapted for the meeting environment to promote more dialogue with the community.
• The person must be clearly recognized by the Mayor and is to approach the podium and microphone before testifying.
• S/he will be asked to state her/his name for the record, but it’s not required to provide it. 33 • All exhibits and documents used by witnesses shall be given to the Town Clerk. • Town staff will confirm receipt of electronic public comments when possible.

Addressing The Council After Public Comment Is Closed
After public comment on an item is closed, no person shall address the Council except upon the request of a member of the Council through the Presiding Officer.

CONFLICT OF INTEREST DISQUALIFICATION
The rules relating to conflicts of interest are set forth in the Political Reform Act (PRA) (Government Code Sections 81000 and following), the Regulations issued by the Fair Political Practices Commission (FPPC) and case law. The rules are complex and not necessarily intuitive. The consequences of violating the rules can be severe, including monetary penalties and possible criminal prosecution of individual Councilmembers.

A public official with a financial interest in a decision shall, immediately prior to the consideration of the matter, do all of the following:
• Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public (disclosure of the exact street address of a residence not required).
• Recuse himself/herself from discussing and voting on the matter, or otherwise acting in violation of Section 87100. In these instances Councilmembers should use the phrase, “…to avoid the appearance of impropriety.”
• Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters.

Each Councilmember is responsible for identifying and disclosing their conflict before action is taken on a matter. If possible, the conflicted Councilmember should notify staff (i.e. Town Manager, Town Attorney and Town Clerk) before the council meeting at which the matter will be heard, to ensure the presence of a quorum. Staff will attempt to assist with identifying conflicts, but the ultimate responsibility is with each Councilmember.

The Town Attorney is available to help Councilmembers decide if they should declare disqualification on any issue, but the Town Attorney’s advice on conflict matters cannot provide a Councilmember with any immunity from prosecution. Only a formal written opinion from the FPPC provides immunity from prosecution for violations of conflict of interest rules. The Town Attorney is available to assist with preparing a request for an FPPC formal opinion.

Government Code Section 87100 states that no public official may “make, participate in making, or in any way attempt to use the public official's official position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest.”
34 The FPPC also provides a “hotline” that a Councilmember may call for informal advice. Most conflict of interest questions ultimately turn on whether it is reasonably foreseeable that the decision will have a “material financial effect” on the Councilmember’s economic interest.

Municipal attorneys generally do not advise officials as to whether a material financial effect would exist unless the answer is absolutely certain based upon applicable regulations. While the Town Attorney may have their own opinion as to whether or not a material financial effect will be present, it is ultimately up to the Councilmember to determine this issue.

MINUTES
The minutes serve as a source of information for the Council and for the public. Meeting minutes are required to include the following information:
• Members present;
• Motions, proposals, resolutions, orders, ordinances, and other items of business and their disposition;
• Results of all votes and, in the case of a roll call vote, the vote of each Member by name. • The minutes are a brief summary of Council’s actions. They do not include a verbatim transcript. The Town Clerk is responsible for recording, preparing, and filing Council minutes. Minutes of Council meetings are available for review on the Town’s website.

Method of Keeping Minutes
The minutes of the Council shall be kept by the Town Clerk and shall be recorded in a file kept for that purpose, with a record of each type of business transacted by the Council. The Town Clerk shall be required to make a record only of such business as was actually passed by a vote of the Council and shall not be required to make a verbatim transcript of the proceedings. A record shall be made of the names of persons addressing the Council, the title of the subject to which their remarks related and whether they spoke in support of or in opposition to such matter.

Delivery of Minutes
As soon as possible after each Council meeting, the Town Clerk shall cause a copy of the minutes to be sent to each Councilmember, the Town Manager, and Department Head(s), typically with the agenda packet for the next regularly scheduled Council meeting.

Approval of Minutes
The minutes of the preceding Council meeting may be approved without reading, provided that the Town Clerk has previously provided each member of the Council with a copy of the minutes and that a majority of the Council has not requested such a reading.

Additions to or Correction of Minutes
When a Councilmember wishes to add to or correct the minutes, they shall contact the Town Clerk in advance of the meeting with the correction. The Town Clerk will then verify the addition or correction by listening to the recording of the Council meeting. Upon verification of an error in the minutes, the Town Clerk will provide the additions or corrections to the Council in advance of the meeting. If time constraints prevent this procedure, the Council shall continue the approval of the 35 minutes to the next meeting and direct the Town Clerk to verify the error.

DECORUM IN COUNCIL MEETINGS

1. Councilmembers will refrain from texting and the use of social media while at the dais, except in case of urgent need or emergency.

2. Councilmembers will use their computers or devices to access agenda materials, and use email as needed for business purposes, such as communicating with the Town Clerk or checking emails from the public. Emails will continue to be forwarded to Councilmembers’ individual Town email accounts by the Town Clerk, as possible, during the meeting. The Town Clerk will not print hard copies and distribute them during the meeting.

3. Every member of the public and every Councilmember desiring to speak shall address the Presiding Officer, and upon recognition by the Presiding Officer, should confine comments to the question under debate. Members of the public addressing a Council meeting shall speak from the public lectern and speak into the microphone so that comments can be broadcast and recorded.

4. No persons other than Councilmembers and necessary Town staff are permitted on the Council dais.

5. Individuals may not bring furniture into Council Chambers, or other items that might obstruct free passage within or ingress to or egress from Council Chambers, or to place any such obstructions in Council Chambers aisles or passageways.

Enforcement
The Presiding Officer shall rule out of order any testimony not relevant to the agenda item under discussion, or outside of the subject matter jurisdiction of the Town Council if during general public comment.

The Presiding Officer has the authority to order removal of any person disrupting the meeting. For purposes of this paragraph, “disrupting” means engaging in behavior during a meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (i) a failure to comply with these Procedures, policies, and practices or other lawfully adopted rules, regulations, and/or policies regarding the conduct of meetings, or (ii) engaging in behavior that constitutes use of force or a true threat of force. Prior to removal, the Presiding Officer or designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. A warning is not required when the individual engages in behavior that constitutes use of force or a true threat of force. Nothing in this section shall prohibit or discourage orderly criticism of any Town decision or policy. The Presiding Officer has the discretion to recess or adjourn the meeting if disruption persis
36 CHAPTER IV

FINANCE AND HUMAN RESOURCE

INFORMATION
37 KEY ECONOMIC FACTORS
Yountville’s economic base is supported mainly by tourism generated revenue in the form of Transient Occupancy Tax and sales tax, followed by property tax. These three revenue sources represent 88% of General Fund revenue and of this, 58% is derived from Transient Occupancy Tax, making the Town highly reliant on tourism. Yountville has 453 hotel and inn rooms with an average room rate of $751 (April 2023) and the strong room rate is the leading factor in this important revenue source. Approximately 13% of the Town’s General Fund is generated from sales tax revenue of which 69% (Dec. 2022) is from restaurants. Yountville boasts just over 1,600 restaurant seats which is extraordinary for a community of 2,778 residents.

Yountville’s remaining business community consists of a number of wine-tasting rooms, small and boutique retail shopping venues, one grocery store, and one gas station.

Yountville has a limited business to business commercial sector, very limited furniture and appliances, and no hardline retail such as hardware and auto dealerships. These economic factors paired with the Town’s debt, budget, and reserves contribute to Yountville’s stable S&P Ratings of ‘AA’ Town ICR Rating and ‘AA-’ Bond Ratings.

TYPES OF FUNDS
The Town of Yountville's accounting system is organized and operated on the basis of funds. A fund is an accounting entity with a self-balancing set of accounts that records cash and other financial resources, liabilities, and residual equities (or fund balances and changes therein). Funds are established for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations.

Funds used in government are classified into three broad categories: governmental, proprietary, and fiduciary.
• Governmental funds include activities usually associated with a typical state or local government’s operation (i.e. public safety, general governmental activities). • Proprietary funds are used in governments to account for activities that are operated primarily through user fees, similar to the private sector (i.e. utilities). • Custodial funds are used to report assets held in a trustee or fiduciary capacity for others and therefore cannot be used to support the government’s own programs.

BUDGET PROCESS
The Town of Yountville's budget process begins each year in early winter and results in a proposed budget to be approved by the Town Council in one of the June Town Council Meetings. The following is an outline of each budget phase:
38 January - April: Budget Planning Phase
June Final Budget Adoption Phase: The Town Council reviews and adopts the final version of the proposed budget. The Adopted Online Budget Book is published and available on the Town's website. A physical public copy is also available in the Town Hall Council Chambers and at the Yountville Community Center.

FISCAL POLICIES
Town of Yountville fiscal activities and annual budget process are governed by the following policies (Appendix C):
• Capitalization and Depreciation Policy
• Fund Balance Policy
• General Finance Policy
• Town Investment Policy
• OPEB Trust Investment Policy
• Use of Drought Water Reserve Policy
• Use of Long-term Debt Policy
• Utility Enterprise Rate Policy

HUMAN RESOURCES INFORMATION
Salary
Town Council may increase by ordinance the salary established in accordance with State law, provided that the amount of such increase may not exceed an amount equal to 5% for each calendar year from the operative date of the last adjustment.

Discussion of Council salary adjustments will be placed on the Town Council Agenda prior to budget workshops during each non- election year. Salary adjustments will not be effective until after the following regular election.

The Town Council adopted Ordinance Number 19- 483 May 21, 2019 authorizing a salary of $777 per month for Mayor and Town Council Members effective upon commencement of new Councilmember terms following certification of the November 2020 Election.

Benefits
Town Councilmembers are eligible to receive certain benefits as an employee of the Town of Yountville. All benefits must be approved by Resolution of the Town Council, and shall remain in effect unless amended by the Council, or by changes in laws or contract provisions of those benefit plans that are not prohibited by regulations of the Town. Town Councilmembers have the option to receive employee benefits and may decline to participate in the employee benefits program available to them as a Town Councilmember.
39 Retirement: Town Councilmembers are not eligible to join the California Public Employees Retirement Program (PERS).

Health, Dental, and Vision Insurance:
• Town Councilmembers are conditionally eligible to participate in the Town’s health insurance program. A Councilmember must elect to join PERS in order to enroll in a group health insurance plan provided by CalPERS for the Town of Yountville. By enrolling in CalPERS Health, this is not enrolling into the CalPERS retirement system.
• Effective as of January 1, 2011, 90% of the Kaiser Health plan premium cost shall be paid by the Town with an employee contribution of 10%. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee only and one (1) spouse, employee only and one (1) dependent, and employee and two (2) plus dependents. any additional cost which exceeds the Town’s maximum contribution shall be the responsibility of the elected official to pay.
• The Councilmember is eligible to participate in the Town’s dental insurance program with 100% of the costs capped for coverage of the elected official only.

The Councilmember may select employee only, employee only and one (1) spouse, employee only and one (1) dependent, and employee and two (2) plus dependents, however, any additional costs which exceeds the Town’s maximum contribution shall be the responsibility of the Councilmember to pay. • The Councilmember is eligible to participate in the Town’s vision insurance reimbursement program and may receive a total maximum of $500 per year of reimbursement on actual costs of vision insurance coverage for the Councilmember and/or a member of the Councilmember’s household. • The Councilmember may utilize payroll deduction and/or may need to provide a monthly payment to the Town if payroll deduction is not sufficient to cover the increased costs of health, dental, or vision insurance benefits. • Health Insurance Reimbursement
o Councilmembers are eligible for reimbursement of costs associated with the provision of health and welfare benefits.
o Councilmembers who do not participate in the Town’s health insurance program may receive a maximum of $6,000 per year of reimbursement on actual costs for health and welfare benefits defined above. Council Members seeking reimbursement for health and welfare benefits must submit receipts monthly or at other intervals for actual costs incurred and will receive reimbursement thereafter.
o A reimbursable expense includes the health insurance deductible that the Councilmember pays to another employer’s health insurance plan. 40 Town Councilmembers are eligible for these benefits while serving their elected term of office only. Town Councilmembers are not eligible for retiree medical once they have left office.
• Life Insurance:

1. If you have not reached age 65, your amount of insurance will be $25,000.

2. If you have reached age 65, but not age 70. your amount of insurance will be 67% of the amount shown in 1 above ($16,750).

3. If you have reached age 70 or more, your amount of insurance will be 67% of the amount shown in 2 above ($11,222.50).

Deferred Compensation: Town Councilmembers are eligible to participate in the Town’s deferred compensation plans through either ICMA or Nationwide Retirement Solutions.

Town will contribute $25/month, if matched by Council Member.

Wellness Program: The Town may contribute $50.00 per month of reimbursement of actual costs to a Town Councilmember that participates in a recognized health and fitness center minimum of eight (8) times per month. Town Councilmembers seeking reimbursement for Wellness Program costs must submit receipts monthly for actual costs incurred on a monthly basis. 2.F.

Cellphone Stipend: The Town may contribute a maximum of $80.00 per month of reimbursement on actual costs of a Town Councilmember’s cellphone plan. Town Councilmembers seeking reimbursement for cellphone plan costs must submit receipts monthly for actual costs incurred on a monthly basis.
iPad/Tablet Standard and Stipend: The Town Council has authorized the implementation of the use of iPads/Tablets to streamline the agenda process and to distribute agendas electronically. The Town will provide a taxable stipend to Town Officials, deemed necessary for work purposes by the Town Manager. This stipend is to purchase an iPad/Tablet in order to access agenda packets electronically, enhance efficiency and align with established and emerging “best practices.” The iPad/Tablet is the Town Council Member’s personal property, and Town business accomplished on the device is subject to the California Public Records Act and California Political Reform Act, established Computer Use, E-mail and Internet Policy outlined in Section 26 of the Town’s Personnel Rules and Policy Manual Regulations and any additional applicable laws.

The Town Council receives a hybrid iPad/Tablet Policy and taxable stipend amount every 3 years to be used to purchase the Town standard device. 41 Professional Development: The Council shall establish an annual budget for conferences, meetings, and training. Council Members shall attend these functions at their own discretion for purposes of improving their comprehension of and proficiency in municipal affairs and/or legislative operations.

Expense Reimbursement: Town Councilmembers are eligible to be reimbursed for miscellaneous expenses – such as office supplies, telephone, and automobile travel – incurred in the conduct of Council business in Yountville and in the surrounding Napa County communities. These expenses shall be documented, itemized, and submitted to the Town for reimbursement using the appropriate reimbursement form and consistent with Town policy for reimbursement of expenses. Requests for the Expense Form may be emailed to [email protected].

Human Resources Contact:

Celia King, Interim Deputy Director of Human Resources/ IT [email protected]
707.944.8851
42 GLOSSARY
The following glossary is meant to be a referential, but not exhaustive, list of terms you may encounter in discussions with staff about operations.

Adopted Budget: The Town Council approved annual budget establishing the legal authority of the expenditure of funds as set forth in the adopting Council budget resolution.

Americans with Disability Act (ADA): Federal legislation protecting individuals with disabilities from discrimination in employment and access to public facilities.

Accessory Dwelling Unit (ADU): Secondary living units that are located on the same property lot as a primary living unit.

Asphalt Overlay: An application of 1.5 to 2.0 inches of asphalt concrete on top of existing pavement to strengthen its integrity. In short, asphalt concrete is called “A.C.”.

The City also uses a rubberized asphalt mix. This mix utilizes tires blended into regular A.C. Utilizing a recycled product helps the environment and is equally as effective as regular A.C. Moreover, the federal government has mandated that states utilize rubberized asphalt mix as part of their street repair programs. Asphalt overlays are the most expensive type of street repair.

Annual Comprehensive Financial Report (ACFR): An annual government financial statement that provides a thorough and detailed presentation of the government’s financial condition.

Audit: An annual examination and evaluation of the Town’s accounting system performed by an independent Certified Public Accountant (CPA) to ensure conformity with generally accepted accounting principles.

Balanced Budget: When the total of revenues and other financing sources is equal to or greater than the total of expenditures and other financing uses.

Budget & Fiscal Policies: General and specific guidelines adopted by the Town Council that govern budget preparation and fiscal administration.

Budget Adjustments: Changes made during the fiscal year, typically by Town Council resolution, to approved revenues and/or expenditure projections.

Capital Improvement Program: A rolling multiple-year program for maintaining or replacing existing public facilities and assets and for building or acquiring new ones. The Town of Yountville follows a five-year schedule, and the annual budget incorporates the current year of the five-year CIP.

Capital Projects Funds: Capital Project Funds are used to account for the acquisition, construction, and improvement of capital facilities other than those financed by proprietary funds.

California Department of Housing and Community Development (HCD): California State agency provides leadership, policies and programs to preserve and expand safe and affordable housing opportunities.
43 California Environmental Quality Act (CEQA): A statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. CEQA applies to certain activities of state and local public agencies. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by a public agency or a private activity which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment.

California Public Records Act (CPRA): California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.

Conditional Use Permit (CUP): A zoning exception that allows the use of a property in non-conforming ways.

Consumer Price Index (CPI): A measure of inflation of the price of consumer goods and services.

Covenants, Conditions, and Restrictions (CC&Rs): A set of privately created rules governing the use of a certain piece of real estate in a given community.

Custodial Funds: Custodial Funds are a type of fiduciary fund used to account for resources held by the reporting government in a purely custodial capacity (assets equal liabilities). Custodial funds typically involve only the receipt, temporary investment, and remittance of custodial resources to individuals, private organizations, or other governmental agencies.

Debt Service: The payments of principal and interest on bonds and other debt instruments according to a predetermined schedule.

Debt Service Funds: Debt Service Funds are used to account for the acquisition of resources and payment of principal and interest on general long-term debt of the Town and its related entities.

Environmental Impact Report (EIR): A report that informs the public and public agency decision-makers of significant environmental effects of proposed projects, identifies possible ways to minimize those effects, and describes reasonable alternatives to those projects.

Fair Political Practices Commission (FPPC): Non-partisan commission that has primary responsibility for the impartial and effective administration of the Political Reform Act.

Fiscal Year: A 12-month period to which the annual budget applies and financial transactions are recorded. The Town of Yountville’s fiscal year begins July 1 and ends June 30.

Floor Area Ratio (FAR): The ratio of a building's total floor area (gross floor area) to the size of the piece of land upon which it is built.
44 Full–Time Equivalent (FTE): The amount of time a position has been budgeted reflecting the amount of time a regular, full-time employee normally works in a year. Fulltime employees are paid 2,080 hours in a year equating 1.0 FTE. A part-time employee who worked 1,040 hours would equate to 0.5 FTE. Elected positions are budgeted but not included in FTE totals.

Fund: An independent fiscal and accounting entity with a self-balancing set of accounts in which the Town records financial transactions relating to revenues, expenditures, assets, and liabilities.

Fund Balance: The excess of a fund’s assets over its liabilities.

GANN Appropriations Limit: Article X111-B of the California State Constitution provides limits regarding the total amount of appropriations in any fiscal year from tax proceeds.

General Fund: The primary operating fund of the Town. All revenues that are not allocated by law or contractual agreement to a specific fund are accounted for in the General Fund and may be utilized for any legitimate governmental purpose.

Generally Accepted Accounting Principles (GAAP): Conventions, rules, and procedures that serve as standards for accounting and the fair presentation of financial statements. The primary authoritative body on the application of GAAP to state and local government is the Governmental Accounting Standards Board (GASB).

Geographical Information Systems (GIS): A system designed to capture, store, manipulate, analyze, manage, and present all types of geographical data.

Governmental Accounting Standards Board (GASB): Ultimate authoritative accounting and financial reporting standard-setting body for state and local governments.

Junior Accessory Dwelling Unit (JADU): Residential dwelling unit that provides independent and permanent living facilities for one or more persons (including provisions for living, sleeping, and eating), is no more than 500 square feet in size, and is contained entirely within the pre -existing building envelope of an existing or proposed primary unit.

Master Development Plan (MDP): A conceptual plan of a multi-phased development that shows the order, boundaries, land uses and environmental features of a development.

Measure S: A voter-approved (November 2018) ordinance of the Town that increased Transient Occupancy Tax by 1%. This special tax is for funding programs related to workforce and affordable housing.

Notice of Violation (NOV): Formal record that informs a person or business that a Town code or permit condition has been violated.

Other Post-Employment Benefits (OPEB): Post-employment benefits other than pension benefits. The Town’s OPEB includes post-employment healthcare benefits for employees that meet the vesting requirements.

Parks and Recreation Advisory Committee (PRAC): The purpose of the Commission is to advise Council and staff on matters pertaining to facilities, parks, public recreation, library, cultural and historical activities, senior citizen and teen activities, volunteer 45 services, and user fees.

Public Employees' Retirement System (PERS): State of California’s (CalPERS) public pension system that provides contract retirement and health benefits to government agencies.

PERS Unfunded Actuarial Accrued Liability (UAAL): The Town’s unfunded liability for retirement costs. The unfunded liability is the difference between the accrued liability and the value of the assets in the plan.

Proprietary Funds: Proprietary Funds are used to account for activities that are operated in a manner similar to a private business enterprise, where a fee is charged to external users to recover the cost of goods and services. The Town utilizes Proprietary Funds to budget and account for its costs associated with operation of its Water and Wastewater Utility Operations.

Regional Housing Needs Assessment/Allocation (RHNA): A process mandated by California state law that requires cities and unincorporated areas of counties to plan for new housing to accommodate projected growth.

Request for Proposal (RFP): A formal document that announces a project, describes it, and solicits bids from qualified contractors or consultants.

Reserve: An account which the Town uses to either set aside funds that it does not need to spend in the current fiscal year or to earmark revenues for a specific future purpose.

Right of Way (ROW): The right to pass over or through real property owned by someone else, usually based upon an easement.

Special Revenue Funds: A fund used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specified purposes.

Tourism Improvement District (TID): A benefit assessment district created by the County of Napa which includes all incorporated jurisdictions including the Town of Yountville and unincorporated county. The Napa Valley Tourism Improvement District (NVTID) levies a self- assessment of 2% of gross revenues on short term (less than 30 days) room rental revenue on lodging businesses.

Town of Yountville Community Foundation (TOYCF): The purpose of the non-profit organization 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: 1) youth recreation and education; 2) community based wellness and enrichment; 3) senior recreation, leisure, education and support services; 4) parks and facilities improvements; 5) cultural arts; literary, visual and performing arts programs; and 6) initiatives for events and programs staffed by community volunteers.

Transient Occupancy Tax (TOT): A local tax levied on the occupant of any hotel room in the amount of twelve percent (12%) of the rent charged by the operator. The transient satisfies this tax obligation by paying the tax to the operator.

Unassigned Fund Balance: Fund balance that has no current assignment or commitment.

Use Permit (UP): Required for land and building uses outside the rights of the ordinance in certain zoning districts.
46 Yountville Arts Commission (YAC): The mission of Yountville Arts is to provide vision, leadership, inspiration and support to artists and their art in Yountville and to serve in an advisory capacity to the Town Council and staff in matters pertaining to the cultural arts including, but not limited to, the development of visual, performing and literary arts.

Yountville Finance Authority: Formed in June 2008 to assist in the financing of public capital improvements.

Yountville Housing Authority: In 1989, the Yountville Town Council determined there was a need to create a Yountville Housing Authority pursuant to Housing Authority Laws of the State of California.

Yountville Municipal Code (YMC): The collection of local laws passed by the Town of Yountville.

Yountville Parking Authority: The Yountville Town Council established the Yountville Parking Authority which authorizes the Town and the Parking Authority to create a joint exercise of powers entity that has the power to jointly exercise any powers common to the Town and the Parking Authority.

Zoning and Design Review Board (ZDRB): Responsible for making decisions regarding use permits, home occupations, design review, lot line changes and advising the Town Council regarding amendments to the General Plan, Zoning and Design, and Subdivision Ordinances, Capital Improvement Plan and design review in other zoning districts.
47 APPENDICES
Appendix A - Rosenberg’s Rules of Order
Appendix B - ICMA Council Manager Form of Government
Appendix C - Fiscal Policies
Appendix D - Strategies for Creating a More Collaborative, Effective Council

APPENDIX A
ROSENBERG’S RULES OF ORDER
Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
Town Council Handbook Appendix A
ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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APPENDIX B

ICMA COUNCIL MANAGER FORM OF

GOVERNMENT
What it is, how it works, and
the benefits to your community
Council-Manager
Form of Government

INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION
777 N. Capitol St NE, Ste. 500, Washington, DC 20002
202.962.3680 | 202.962.3500 (f) | icma.org

THE ROLE OF THE MAYOR OR CHIEF ELECTED

OFFICIAL
Typically, the mayor or board chairperson in a councilmanager community is a voting member of the governing body who may be either directly elected, as in 69 percent of council-manager communities, or who is selected by and from among their colleagues on the governing body. The mayor or chairperson is the public face of the community who presides at meetings, assigns agenda items to committees, facilitates communication and understanding between elected and
appointed officials, and assists the governing body in setting goals and advocating policy decisions.

THE ROLE OF ELECTED OFFICIALS
Under the council-manager form, the elected officials (e.g. the council or board) are the legislative body and the community’s policy makers. Power is centralized in this body, which approves the budget and adopts local laws and regulations, for example.

The elected officials also focus on the community’s big-picture goals, such as community growth and sustainability.

The elected officials hire a professional city, town, or county manager based on that person’s education, experience, skills, and abilities and NOT on their political allegiances. The elected officials supervise the manager’s performance, and if that person is not responsive and effective in their role, the elected officials have the authority to remove her or him at any time.

THE MANAGER’S ROLE
The manager is an at-will employee who can be fired by a majority of the elected officials, consistent with local laws or any employment agreements. This person
• Prepares a budget for the governing body’s consideration. • Recruits, hires, supervises, and terminates government staff. • Serves as the governing body’s chief advisor by providing complete and objective information about local
operations, discussing options, offering an assessment
of the long-term consequences of decisions, and making
policy recommendations.
• Carries out the policies established by the governing body.

WHAT ROLE DO RESIDENTS PLAY?
Under council-manager government, local governments often actively engage and involve their residents in community decision making. Residents can guide their community by serving on boards and commissions, participating in visioning and strategic planning sessions, and designing communityoriented local government services.

Key Roles in Council-Manager Government
For more information, contact
icma.org/contactus
@ICMA ICMAorg
To lean more about professional
local government management, visit
icma.org/professional-local-government-management
City of Tampa, Florida
City of Cedar Park, Texas
Town Council Handbook Appendix B
What is the council-manager form of government?
The council-manager form is the most popular structure of government in the United States among municipalities with populations of 2,500 or more. It is one of several ways in which U.S. municipalities and counties can organize.

Under this form, residents elect a governing body—
including a chief elected official, such as a mayor or board chairperson—to adopt legislation and set policy. The
governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government’s day-to-day operations.

What’s so special about the council-manager form
of government?
Born out of the U.S. progressive reform movement at the turn of the 20th century, the council-manager form was
created to combat corruption and unethical activity within local government by promoting nonpolitical management
that is effective, transparent, responsive, and accountable.

The council-manager form of government recognizes
the critical role of elected officials as policy makers, who focus on mapping out a collective vision for the community and establishing the policies that govern it. The form also recognizes the need for a highly-qualified individual who is devoted exclusively to the delivery of services to residents.

Think about the structure used by many corporations, in which the board of directors hires an experienced CEO, who is granted broad, executive authority to run the organization.

While these boards establish the company’s overall policy direction, the CEO oversees implementation of that policy.

What types of communities use the council-manager
form of government?
Today more than 120 million people in the U.S. live in
municipalities that operate under the council-manager form.

Fifty-four percent of the more than 4,300 U.S. municipalities with populations of 10,000 or more use the form, as do
59 percent of the 347 municipalities with populations greater than 100,000. More than 800 counties also employ a
similar system.

How can council-manager government benefit
my community?
• Flexibility—The council-manager form can adapt to local needs and demands. While governing bodies in some
council-manager communities are elected at large, for
example, others are elected by district or by a combination of an at-large-and-by-district system to respond to local needs. • Clearly Defined Roles—Under the council-manager form, there is a clear distinction between the administrative role of the manager and the political and policy roles of the governing body, lead by the mayor. The day-to-day
operations of the local government organization reside
with the appointed manager, allowing elected officials
to devote their time and energy to policy development
and the assessment of the effectiveness of those policies within the community.
• A Roadmap for Success—The council-manager form is
the system of local government under which professional management is most likely to succeed. Under this system, professional managers can focus on service delivery, policy implementation, and performance management and can
align the local government’s services with the values,
mission, and policy goals defined by the community and
elected officials.

How do we know that council-manager
government works?
• The Equipt to Innovate Initiative—a framework of
seven essential elements that define high-performance
government and empower innovation—found in 2017 that
top-performing cities in all but one element employed the council-manager form of government. In 2018, the study’s overall top performer was also council-manager.

VOTERS

GOVERNING BODY

MANAGER

DEPARTMENT HEADS
The Council-Manager Form
• Two-thirds of Moody’s Aaa-bond-rated communities are
run by professional local government managers, and many operate under the council-manager form of government.
• An IBM Global Business Services report titled “Smarter, Faster, Cheaper” found that cities that operate under
the council-manager form of government are nearly 10
percent more efficient than those that operate under the mayor-council form.
• The National Civic League, America's oldest advocate for community democracy, has endorsed council-manager
government through its Model City Charter since 1915.
• The majority of communities recognized since 2013 with the National Civic League’s coveted All-America City Award have been council-manager.

Does it cost more for a community to adopt the
council-manager form and hire a professional
manager?
Many local governments have reduced their overall costs after hiring a professional manager. Savings can come
from decreased operating costs, increased efficiency and productivity, improved revenue collection, and effective use of technology. The economic health of the community may also benefit from the implementation of improved business development and retention strategies.

How can my community adopt the council-manager
form of government?
Methods vary from state to state, but most communities
can adopt council-manager government through a charter, local ordinance, state enabling law, or by voter referendum.

For information on how your community can adopt councilmanager government, contact your state municipal league, state and local government association, or association
of counties. You can find contact information for these organizations at icma.org/state-localgovassns or ncl.org/ state-municipal-leagues.

Once my community adopts council-manager
government, how do we hire a professional manager?
The vacancy is often announced in Leadership Matters,
ICMA’s weekly e-newsletter; through the ICMA Job Center at icma.org/job-center; and through state league publications, and qualified candidates are invited to apply. Elected officials may also hire an executive recruitment firm to assist them with the selection process. Interested parties may apply directly to the governing body or to the recruitment firm, which reviews the applications and interviews qualified candidates. ICMA makes no recommendations regarding
candidates. Additional information on hiring a professional local government manager is available in ICMA’s Recruitment Guidelines Handbook. Visit icma.org/documents/recruitmentguidelines to download a copy.

What kind of educational and on-the-job experience do
professional local government managers generally have?
Sixty-five percent of managers surveyed by ICMA
indicated that they had earned a master’s (usually in public administration, business, or public policy), or other advanced degree. Survey respondents also said that they had spent an average of more than 20 years working in the local
government management profession.

What is ICMA and why is membership in that
organization important?
ICMA, the International City/County Management Association, is the professional and educational “home” for more than 12,000 appointed managers and administrators serving cities, towns, counties, other local governments, and regional entities in 40 countries throughout the world.

In addition to gaining access to valuable resources and lifelong professional development opportunities, appointed local government managers who are members of ICMA are
bound by its Code of Ethics, which commits members to a set of ethical standards of honesty and integrity that go beyond those required by the law. This stringently enforced code specifies 12 ethical principles of personal and professional conduct, including dedication to good government. For more information, visit icma.org/ethics.

Finally, through its Voluntary Credentialing Program,
ICMA recognizes individual members who are qualified by a combination of education and experience, adherence to high standards of integrity, and an assessed commitment to lifelong learning and professional development. ICMA members who meet these requirements may earn designation as an ICMA Credentialed Manager. For more information
on ICMA’s Voluntary Credentialing Program, visit icma.org/ voluntary-credentialing-program-overview.

Town of Yountville
Financial Policies
General Finance Policy
Revenue
• The Town recognizes that its primary revenue sources are locally generated, especially TOT and sales tax revenue, and for the most part this revenue is largely generated by non-residents. Efforts to ensure continued reliability in these revenue sources must be maintained and to develop and diversify other revenue sources as applicable.
• The Town will actively establish a practice of monitoring, auditing and collecting all locally generated taxes.
• The Town will establish and maintain all user fees and charges based on the cost of providing services and shall establish a cost recovery target for those programs which are subsidized by General Fund revenues.

Budgeting and Expenditure
• The Town Council shall adopt an annual balanced budget effective from July 1st to June 30th of the following calendar year. A balanced budget requires current year operating expenses to be fully funded by current year revenues and identified undesignated/unreserved fund balance.
• Fund Balance Reserves will be used only for non-recurring “one-time” and capital projects and not for on-going operations.
• Use of long-term debt shall be limited to capital projects or special projects that cannot be financed from current revenues.
• The Town Manager is authorized to implement the programs as approved in the adopted budget. Within a specific fund the Town Manager may transfer appropriations between categories, departments, projects and programs as needed to implement the adopted budget.
• With approval of the Town Manager, unexpected appropriations may be carried forward to the next fiscal year provided funds have been previously encumbered for a specific purpose.
• The annual budget will normally include a nominal $25,000 Designated Contingency for non-recurring, unanticipated expenditures. The Town Manager may approve expenditures from this contingency if needed during the fiscal year.

Town Council Handbook Appendix C
• A capital outlay (fixed asset) purchase will be any single item or piece of equipment which costs more than $10,000 and has an expected useful life exceeding one year.
• Regular budget reports and updates shall be presented to the Town Council to provide information on the status of the Town’s financial condition. The budget may be amended during the year if necessary to reflect changes to revenues and/or expenditure projections.
• The Town shall post on its website these budget reports and updates, sales tax and TOT reports and other financial information for the public to review.

Fund Balance Reserves
Reserves shall be established, dedicated and maintained annually to meet known and estimated future liabilities.

The specific Fund Balance reserve accounts include General Reserve with a current target of $1,025,000, Reserve for Drought Water Purchases $2,000,000, Reserve for Employee Retirement Benefits (OPEB) $529,935 with a commitment by the Council to continue to build the balance in future years, and Reserve for Liability Insurance to be maintained at a minimum of $30,000 for future claims.

Capital Improvement
• Capital Improvement Program (CIP) projects will be funded by the following revenue sources:
o Available General Fund Reserves
o Available Capital Project Fund balances
o Impact Fee Fund balances
o Water and Sewer revenues for Water and Sewer projects only o Grant funding
o Other State and Federal funding sources if available
• The Town will annually develop and update a multi-year plan for capital improvements. Future capital expenditures will be projected annually for a rolling 5-year period based on projections of available funding, changes in the community and needed replacement of infrastructure.
• The Town will coordinate development of the Five Year Capital Improvement Program with the development of the operating budget.
• The annual funding for the current year of the Capital Improvement Plan shall be approved as part of the operating budget.
• Capital projects financed by bonds or other debt instruments shall be paid back within a period not to exceed the useful life of the project. • The Town Manager is authorized to implement the projects as approved in the adopted Capital Improvement Program. Within a specific fund, the Town Manager may transfer appropriations between projects as needed to implement the adopted Capital Improvement Program.

INVESTMENT POLICY STATEMENT

1. Policy
It is the policy of the Town of Yountville to invest public funds in a manner that will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Town and conforming to all California laws and local statutes governing the investment of public funds.

2. Scope
This investment policy applies to all the funds and investment activities under the direct authority of the Town of Yountville as accounted for in the Comprehensive Annual Financial Report (CAFR). Policy statements outlined in this document focus on the Town of Yountville’s pooled funds, but will also apply to all other funds under the Town Treasurers’ span of control unless specifically exempted by statue or ordinance. This policy is applicable, but not limited to, all funds listed below:
• General Fund
• Enterprise Funds
• Special Revenue Funds
• Capital Project Funds
• Debt Service Funds
• Trust and Agency Funds
Excluded funds are those held with a fiscal agent, which has their own specific “permitted investments” section in the bond covenants. These funds include funds reserved for debt service and pension funds.

3. Prudence
Investments shall be made with judgment and care -- under circumstances then prevailing -- which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by the Town’s investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. The Town Treasurer and/or Town Manager, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations that result in a loss of principal are reported to the Town Manager immediately, and to the Town Council at their next meeting addressing appropriate actions to be taken to control adverse developments.

4. Objective
The primary objectives in priority order of the Town of Yountville’s investment activities shall be:

4.1. Safety: Safety of principal is the foremost objective of the investment program. Investments of the Town of Yountville shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether from securities default, brokerdealer default, or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.

4.2. Liquidity: The Town of Yountville’s investment portfolio will remain sufficiently liquid to enable the Town to meet all operating requirements that might be reasonably anticipated.

4.3. Return: The Town of Yountville’s investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the Town’s investment risk constraints and the cash flow characteristics of the portfolio.

5. Delegation of Authority
Authority to manage the Town’s investment program is derived from the California Government Code. Management responsibility for the investment program is hereby delegated to the Treasurer, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures shall include, but not limited to, references to: safekeeping, wire transfer agreements, collateral/depository agreements, banking services contracts, local banking preferences, and other investment-related activities. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer. The Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinates. Delegation of authority shall expire one year from the date of adoption of this policy as required by State law.

6. Ethics and Conflicts of Interest
The Town Council, Town Manager and Town Treasurer shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Council Members, Town Manager and Town Treasurer shall disclose to the Town Attorney any material financial interests in financial institutions that conduct business within the jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the Town’s portfolio. The Town Attorney and Treasurer shall review all disclosures made to insure there are no conflicts with any planned investment.

7. Authorized Financial Dealers and Institutions
The Treasurer will maintain a list of financial institutions and primary dealers authorized to provide investment services. “Primary” dealers include those that regularly report to the Federal Reserve Bank and should qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule).

All financial institutions, dealers and cash managers who desire to become qualified bidders for investment transactions must supply the Town with the following: audited financial statements, proof of National Association of Security Dealers certification when applicable, completed questionnaire and certification of having read the Town of Yountville’s investment policy and depository contracts.

8. Authorized Investments and Limitations on Investments Investment of Town funds is governed by the California Government Code Sections 53600 et seq. Within the context of the limitations, the following investments are authorized, as further limited herein:

1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest.

There is no percentage limitation of the portfolio that can be invested in this category.

2. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States governmentsponsored enterprises.

3. Local Agency Investment Fund (LAIF) which is a State of California managed investment pool may be used up to the maximum permitted by LAIF.

4. Insured savings accounts are permitted without limitations.

Investments detailed in items 5 through 10 are further restricted to 5% of the purchase value of all investments and cash accounts (the portfolio), in any one issuer name. The total value invested in any one issuer shall also not exceed 5% of the issuer’s net worth.

5. Bills of exchange or time drafts drawn on and accepted by commercial banks, otherwise known as banker’s acceptances are permitted. Banker’s acceptances purchased may not exceed 180 days to maturity or 40% of the cost value of the portfolio.

6. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided by Moody’s Investor Services, Inc., Standard & Poor’s, or Fitch Financial Services, Inc. Commercial paper shall be issued by domestic corporations having assets in excess of $500,000,000 and having a “AA” or better rating on its long term debentures as provided by Moody’s, Standard & Poor’s, or Fitch. Purchases of eligible commercial paper may not exceed 270 days to maturity nor represent more than 10% of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25% of the Town’s portfolio.

7. Negotiable certificates of deposit issued by nationally or state chartered banks or state or federal savings institutions. Purchases of negotiable certificates of deposit may not exceed 30% of total portfolio.

8. Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations. Since time deposits are not liquid, no more than 25% of the investment portfolio may be invested in this investment type.

9. Medium Term Corporate Notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Securities eligible for investment shall be rated “AA” or better by Moody’s or Standard & Poor’s rating services. Purchase of medium term notes may not exceed 30% of the purchase value of the portfolio and no more than 5% of the purchase value of the portfolio may be invested in notes issued by one corporation.

10. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment pursuant to this subdivision these companies shall either: (1) attain the highest ranking letter or numerical rating provided by not less than two of the three largest nationally recognized rating services or (2) have an investment advisor registered with the Securities and Exchange Commission with not less than five years experience investing in securities and obligations authorized by Government Code section 53601 and with assets under management in excess of $500,000,000. The purchase price of shares shall not exceed 15% of the investment portfolio.

11. California Asset Management Program (CAMP).

9. Ineligible Investments
The Town shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool or mortgages, or in any security that could result in zero interest accrual if held to maturity, or any other investment not listed in this policy.

10. Safekeeping and Custody
All securities owned by the Town, including collateral for repurchase agreements, shall be held in safekeeping by the Town’s custodian bank or a third party bank trust department, acting as agent for the Town under the terms of a custody or trustee agreement executed by the bank and by the Town. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures.

11. Percentage Limitations
Where a section specifies a percentage limitation for a particular category or investments, that percentage is applicable only at the date of purchase. Where a section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the Town Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the Town Council no less than three months prior to the investment.

12. Reporting Requirements
The Treasurer shall annually render to the Town Council a statement of investment policy, which the Council shall review and approve at a public meeting. The Council at a public meeting shall also review and approve any changes to the policy.

The Treasurer shall render a monthly transaction report to the Town Council. The Treasurer shall render a quarterly investment report to the Council within 30 days after the end of the subject quarter. The quarterly report shall include for each individual investment:
• Description of investment instrument
• Issuer name
• Maturity date
• Purchase price
• Par value
• Current market value and the source of the valuation.

The quarterly report also shall; (I) state compliance of the portfolio to the investment policy, or manner in which the portfolio is not in compliance, (II) include a description of any of the Town’s funds, investments or programs that are under the management of contracted parties, including lending programs, and (III) include a statement denoting the ability of the Town to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may not be available.

Use of Long-Term Debt Policy
The Town recognizes that it may need to enter into long-term financial obligations to meet the demands of providing a high quality level of government services to our community. The following long-term debt policy sets the considerations for issuing debt and provides guidance in the timing and structuring of long-term debt commitments by the Town.

General Practices:

1. The Town will strive to maintain good relations with credit rating agencies, investors of the Town’s long-term financial obligations and those in the financial community that participate in the Town’s financings. The Town also will strive to maintain and improve its bond rating in order to minimize borrowing costs and preserve access to credit.

2. Bond issue proposals are to be accompanied by an analysis defining how the new issue, combined with current debt, impacts the Town’s debt capacity and conformance with Town debt policies. Such analysis shall include identification of the funding source, an assessment of the ability to repay the obligation, the impact on the current budget, commitments to future budgets, maintenance and operational impact of the facility or asset and the impact on the Town’s credit rating, if any.

3. Town Council must review such analysis, including existing debt level, ability to pay debt service, impact on Town services, and make a finding that use of debt is appropriate.

4. Debt service costs (COP, Lease Purchase Agreements and other contractual debt which are backed by General Fund Operating Revenues) are not to exceed 25% of the Town’s General Fund operating revenues.

5. Projects financed by a non general fund revenue source such as utility rate revenue and specific voter approved authorizations such as Measure A Sales Tax for flood control are not subject to the 25% of general fund revenue maximum debt service limit.

The Town will consider the issuance of long-term obligations under the following conditions:

1. The Town will use debt financing only for one-time capital improvement projects and specific nonrecurring equipment purchases, and only under the following circumstances:
• When the project is included in the Town’s adopted five-year capital improvement program (CIP) and is in conformance with the Town’s adopted General Plan.
• When the project is not included in the Town’s adopted five-year capital improvement program (CIP), but the project is an emerging critical need whose timing was not anticipated in the five-year capital improvement program, or it is a project mandated by State or Federal requirements. • When the project’s useful life, or the projected service life of the equipment, will be equal to or exceed the term of the financing.
• When there are designated General Fund revenues sufficient to service the debt, whether from project revenues, other specified and/or reserved resources, or infrastructure cost-sharing revenues.
• Debt financing (other than tax and revenue anticipation notes) is not considered appropriate for any recurring purpose such as current operating and maintenance expenditures.

2. The Town will follow all State and Federal regulations and requirements related to bonds and debt financing instruments regarding bond provisions, issuance, taxation and disclosure.

3. Costs incurred by the Town, such as bond counsel and financial advisor fees, printing, underwriter’s discount, and project design and construction costs, will be charged to the bond issue to the extent allowable by law.

4. The Town will monitor compliance with bond covenants and adhere to federal arbitrage and disclosure regulations.

5. The Town shall continually review outstanding obligations for opportunities to achieve debt service savings through refunding and shall pursue refinancing when economically feasible and advantageous.

Fund Balance Policy
Background
The Governmental Accounting Standards Board (GASB) issued Statement No.54 Fund Balance Reporting and Governmental Fund Type Definitions in February 2009. The requirements of this statement are intended to improve financial reporting by providing five fund balance categories that will be more easily understood. The five fund balance categories are clearly defined to make the nature and extent of the constraints placed on a government’s fund balance more transparent. GASB 54 requires a formal fund balance policy be adopted to fully define any constraints imposed upon the use of resources and how those constraints may be modified or eliminated. The Town implemented GASB 54 in fiscal year ending June 30, 2011.

Purpose
The Town of Yountville’s fund balance policy defines the five fund balance categories established by GASB and how the Town will report each of the categories. The policy is establishing the Town’s formal commitment of a specific amount of the Town’s fund balance to be set aside specifically for emergency contingencies defined as a state or federal emergency or declaration of a local emergency as defined in the Yountville Municipal Code Section 2.52.020. This amount and/or commitment may be changed with the adoption of a new fund balance policy resolution approved by the Town Council. This policy also provides definitions of other categories of fund balance for financial reporting and budgeting purposes. The policy authorizes and directs the Finance Director to prepare financial statements which accurately categorize fund balance per Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions.

Definitions & Provisions
This Fund Balance Policy establishes the procedures for reporting unrestricted fund balance in the General Fund financial statements. Certain commitments and assignments of fund balance will help ensure accurate reporting of available resources and that there will be adequate financial resources to protect the Town against unforeseen circumstances and events such as revenue shortfalls and unanticipated expenditures.

Fund balance is essentially the difference between the assets and liabilities reported in each governmental fund. There are five separate components of fund balance, each of which identifies the extent to which the Town is bound to honor constraints on the specific purposes for which amounts can be spent.
• Non-spendable Fund Balance (inherently non-spendable) • Restricted Fund Balance (externally enforceable limitations on use) • Committed Fund Balance (self-imposed limitations on use) • Assigned Fund Balance (limitation resulting from intended use) • Unassigned Fund Balance (residual net resources)
Non-spendable fund balance is not specifically addressed in this policy due to the nature of the restriction. An example of non-spendable fund balance is a reserve for prepaid expense.

Restricted Fund Balance
PEG Fees
The Public Educational and Government Access Fund (PEG) has a restricted fund balance for PEG Fees, derived from a 1% charge that the Town’s cable franchise operator collects and remits to the Town. PEG Fees can only be used to cover capital expenses for public access television, and are prohibited from being used for operating expenses.

Committed Fund Balance
Emergency Reserve Fund
The Town’s General Fund balance committed for emergency reserves is established at a minimum of 20% of General Fund operating expenditures. The calculation and review of the 20% minimum will be part of the proposed budget each fiscal year. Use of the General Fund Emergency Reserve would be appropriate if the Town declared a state or federal emergency or declaration of a local emergency as defined in the Yountville Municipal Code Section 2.52.020:

2.52.020 Emergency defined:

As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the Town caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the Town, requiring the combined forces of other political subdivisions to combat. (Ord. 225, 1991; Ord. 294-99)
OPEB Reserve Fund
The Town Council has made a commitment to funding OPEB (other post-employment benefits) and has established an IRC Section 115 Irrevocable Trust Fund to deposit these funds. There may, however, be a time when the Town is holding funds pending transfer to the OPEB Trust and those funds would be reported as the Town’s OPEB Reserve.

PERS Unfunded Actuarially Accrued Liability (UAAL) Fund The Town Council has made a commitment to funding PERS UAAL and has established a Pension Rate Stabilization Plan IRC Section 115 Irrevocable Trust Fund to deposit these funds. There may, however, be a time when the Town is holding funds pending transfer to the PERS UAAL Trust and those funds would be reported as the Town’s PERS UAAL Reserve.

Liability Insurance Reserve
The Town is a member of CIRA (California Intergovernmental Risk Authority) for purposes of liability and claims coverage. The Town’s self-insured retention for claims is $10,000 per occurrence and our policy coverage requires a minimum reserve balance for three (3) claims or $30,000. The Town may report a higher balance, but will always maintain the required $30,000 minimum.

Assigned Fund Balance
Amounts that are constrained by the Town’s intent to be used for specific purposes, but are neither restricted nor committed, should be reported as assigned fund balance. Both committed and assigned fund balance classifications include amounts constrained to being used for specific purposes by actions taken by the government itself. The nature of the actions necessary to remove or modify an assignment is not as prescriptive as it is with regard to the committed fund balance classification, resulting in the constraints imposed being more easily removed or modified than those imposed on committed fund balance. Furthermore, the nature of the actions necessary to remove or modify an assignment is not as prescriptive as those in the committed fund balance classification and the authority is not required to be the government’s highest level of decision making authority, but may be delegated to the Town Manager or Finance Director.

All remaining fund balance amounts that are reported in governmental funds, other than the general fund, that are not classified as non-spendable, and are neither restricted nor committed will be reported as assigned fund balance.

Arts Program Reserve
The Yountville Arts Commission has been successful in raising funds to support the Town's Art Program activities. The Arts Program was previously accounted for in the General Fund, but has been moved to the Town of Yountville Community Foundation as of fiscal Year 2018-19.

Capital Projects Reserve
The Town Council may assign a specific amount or percentage of unassigned fund balance at the end of the fiscal year to be transferred or reserved for transfer to the Town’s Capital Projects Fund.

Budget Contingency Reserve
The Town Council may assign a specific amount to be reserved for future appropriations to fund unanticipated costs or revenue shortfalls that were not anticipated at the adoption of the Town’s operating budget. As of December 4, 2018, this amount has been established at 5% of planned expenditures.

Leave Buy Out Reserve
The Town Council may assign a specific amount to be reserved for future appropriations to fund unanticipated costs related to covering costs of employees retiring and or separating from the Town to cover funding the cost of accrued leave (management and vacation leaves). The assigned amount for Fiscal Year 2023/24 is $160,000.

Legal Contingency Reserve
The Town Council may assign a specific amount to be reserved for future appropriations to fund unanticipated legal and litigation costs. As of July 1, 2020, this amount has been established at $200,000.

Unanticipated Tourism Revenue Deficit Reserve Fund (previously titled Revenue Stabilization Reserve Fund. Re-titled upon adoption of Fiscal Year 2023/2024 Budget per external auditor recommendation to better comply with Governmental Accounting Standards Board (GASB) definitions of reserve funds.)
Funds set aside to ensure the Town could respond to an unexpected drop in tourism based revenue, especially Transient Occupancy Tax (TOT). Unanticipated Tourism Revenue Deficit Reserve funding is established at a minimum of 25% of TOT revenue budget.

By approving specific assigned amounts or percentage allocations of unassigned fund balance as part of budget adoption, the Town Council would authorize Finance Director to report specific assigned amount on financial statements.

Unassigned Fund Balance
Fund balance that has no current assignment or commitment.

Use of Drought Water Reserve Bank Policy
Background
The Town has established a reasonable water supply through a combination of its longterm supply contract with the Californian Veterans Home for use of Rector Reservoir water and the completion of the Yountville Municipal Water Well to meet the community’s annual water needs. However, the Town recognizes that it may need to purchase additional water supply in long-term drought situations and has established this Drought Water Reserve Bank from the sale of its State Water Supply surplus water rights to potentially fund the purchase of drought supply water. The following policy sets the considerations for use of the Drought Water Reserve Bank by the Town.

General Practices
• The Town will continue to develop and implement reasonable water conservation programs and educational programs to educate residential and business customers on how to use less water.
• The Town will evaluate future water conservation rebate programs to see if their implementation may be appropriate. Continuation of the ultra low flow toilet and water saving appliance program and implementation of turf replacement with drought tolerant and native plants and alternative irrigation systems are examples of how to reduce water consumption are possibilities. • Town will review, update if necessary, and maintain a water usage pricing structure which encourages water conservation as allowed by state law. • The Town will implement voluntary water rationing and/or increase water rates to reduce water usage and evaluate what impact those mechanisms may have had on water consumption prior to use of mandatory water rationing practices and/or purchase of additional drought water supply.
• Town Council must review such analysis, including existing available water resources, implementation of advisory and/or mandatory water conservation practices, available water production from emergency water well, and impact on Town services, and make a finding that use of drought water bank to purchase additional water supply is appropriate.
• The purpose of the initial deposit amount into the Drought Water Reserve Bank is to provide future Town Council’s with available resources to make immediate single year drought supply water purchases on the open market. • Any use of the Drought Water Reserve Bank by the Town Council will require implementation and adoption of a plan to replenish the Bank by the same amount as used to purchase drought water supply so that the fund is available in the event of a future drought situation.

The Town will consider use of the Drought Water Reserve Bank under the following conditions:
• The Town may use its Drought Water Reserve Bank for the purchase of additional water supply under the following circumstances:
• The Town Council has declared a local Water Emergency after evaluating local water supply with needs in accordance with the Town Code, Chapter

13.24, Water Shortage Emergencies, Sections 13.24.020 through

13.24.050, or as may be amended in the future.
• The Town Council has first implemented reasonable voluntary water conservation and rationing measures in accordance with Chapter 13.20, Water conservation or as may be amended in the future.
• The Town Council has implemented mandatory water rationing program if appropriate.
• The Town Council has developed and implemented a temporary water rate increase sufficient to replenish the amount of the draw down against the Drought Water Reserve Bank so that the Bank is available for future use if necessary.
• The Town Council may use the interest earnings from the Drought Water Reserve Bank to annually fund rebate programs (existing or new programs) that help to reduce overall municipal water usage by the customer. • The Town Council may use interest earnings and fund balance from the Drought Reserve Bank to make water utility capital projects possible and reduce the impact to the rate payer while maintaining a strong fund balance. • The Town Council may use the fund to pay for capital construction cost for water projects which are designed for the purpose of increasing the Town’s water storage capacity or increase water production to meet drought water supply needs.
• The Town shall continually review and work with its partner City of Napa to develop opportunities to achieve reduced water consumption through implementation of new technology, community education and implementation of appropriate water conservation programs when economically feasible and advantageous.

Adopted on December 5, 2017 by Resolution Number 17-3448 OPEB (Other-Post Employment Benefits) Funding Policy
Town Council initially adopted an OPEB funding policy and multi-year financing plan approving a funding rate schedule with the adoption of Resolution Number 2962-08 on June 24, 2008. The policy established the OPEB funding allocation percentage, calculated on full-time salaries, and each fiscal year considered allocating additional allocations to fund the Town’s OPEB liability.

The Town Council approved an updated OPEB funding policy with the adoption of Resolution Number 3006-11 on December 6, 2011 approving the following payroll allocation rates and funding:
• Fiscal Year 2012/13: 8% of full-time salaries.
• Fiscal Year 2013/14: 9% of full-time salaries.
• Fiscal Year 2014/15: 10% of full-time salaries.

Town Council may consider approval of additional funding allocations to OPEB at the time unassigned funds become available.

In June 2014 Council approved Resolution Number 3188-14 adopting the current OPEB funding policy. The policy statement is to fully fund the ARC (annual required contribution) each fiscal year. The policy establishes the following procedure:
• Each fiscal year staff will present the proposed budget with the payroll allocation funding rate required to fully fund the ARC.
• Town Council will review and approve and/or modify the rate during the budget review process each year.

Adopted June 17, 2014 by Resolution Number 3188-14
Water & Wastewater Utility Enterprise Fund Rate Philosophy Historical Background
The Town of Yountville operates both water and wastewater utility enterprise fund operations which serve the residents of the Town and, in the case of the water enterprise fund, an additional 32 accounts located along Yountville Cross Road.

Enterprise Fund operations are designed by nature to operate more like a private sector business model as compared to general government services. For the past decade the Town has operated its water and wastewater utility enterprise funds in a manner which included a significant General Fund subsidy averaging $300,000 per year to cover water operating expenses and capital project expenses for both the water and wastewater utility enterprise funds.

On February 10, 2011 the Town Council adopted a five (5) year phased rate schedule that was designed to end the General Fund subsidization of these enterprise funds. The Town Council issued a policy statement that the enterprise funds should no longer be subsidized and requested a formal policy be brought back to the Council.

Purpose
The Town will establish Utility Enterprise Funds for Town services when the intent of the Town is that all costs of providing the service shall be recovered primarily through ratepayer charges.

General Policy Practices
• Enterprise Funds will be established for Town-operated utility services such as the water and wastewater operations.
• Enterprise Fund expenditures will be established at a level sufficient to properly maintain the fund’s infrastructure and provide for necessary capital improvements.
• The Town Council will review and adopt utility rates as needed to appropriately cover the costs of all operations, including maintenance, depreciation, capital and debt service requirements, reserves as established by Town Council policy, and provide for an adequate level of working capital
• Enterprise Fund services will establish and maintain reserves for general contingency and capital purposes consistent with those maintained for general governmental services.
• Revenue bonds shall be issued only when projected operating revenues and reserves are insufficient for the timely completion of enterprise capital projects. • Town Council shall continue the five (5) year phased utility rate increase for water and wastewater approved on February 10, 2011 which is designed to end General Fund subsidy and operating deficits of each enterprise fund over the next five (5) years.

Adopted June 21, 2011 by Resolution Number 2974-11
Use of Water and Wastewater Utility Enterprise Capital Projects Restricted Fund Policy
Historical Background
The Town of Yountville operates both water and wastewater utility enterprise fund operations which serve the residents and business community of the Town, and, in the case of the water enterprise fund, an additional 32 accounts located along Yountville Cross Road. Enterprise Fund operations are designed by nature to operate more like a private sector business model as compared to general government services which are funded by the General Fund.

On February 10, 2011, the Town Council adopted a five (5) year phased rate schedule that was designed to end the General Fund subsidization of these enterprise funds. The Town Council issued a policy statement that the enterprise funds should no longer be subsidized and requested a formal policy be brought back to the Council. For the prior decade the Town had operated its water and wastewater utility enterprise funds in a manner which included a significant General Fund subsidy averaging more than $300,000 per year to cover water operating expenses and capital project expenses for both the water and wastewater utility enterprise funds.

Due to strong overall management of revenues and controlling expenditures, the Town’s fiscal condition has improved significantly since 2011. The Town Council has been disciplined with its financial fund management and principally through use of the year end Unassigned Fund Balance allocation process the Town has been able to incrementally increase funding for its Emergency Reserve Fund, Revenue Stabilization Fund, and Capital Projects Fund 50, and to establish irrevocable OPEB and Pension UAL Reserve Funds, establish and fund Fleet & Equipment Reserve Funds, and set aside funding to support for affordable housing. On October 18, 2022, the Town Council created the Water and Wastewater Utility Enterprise Capital Projects Restricted Fund which could be funded by allocations from the General Fund Unassigned Fund Balance allocation process.

Purpose
Funds may only be used for the purpose of paying down utility enterprise fund capital debt expenses or to fund the costs of projected utility enterprise fund capital costs only and may not be used to pay for annual operating costs.

General Practices
• Enterprise Funds will be established for Town-operated utility services such as the water and wastewater operations.
• Enterprise Capital Fund expenditures will be established at a level sufficient to properly maintain infrastructure and provide for necessary capital improvements. • The Town Council will review and adopt utility rates as needed to appropriately cover the costs of all operations, including maintenance, depreciation, capital and debt service requirements, reserves as established by Town Council policy, and provide for an adequate level of working capital.
• As a part of its periodic five (5) year phased utility rate review process, the Town Council may allocate and transfer funds from the General Fund Water and Wastewater Utility Enterprise Capital Projects Restricted Fund for the purposes of paying off debt or to pay for planned enterprise fund capital projects identified in the next five (5) year of planned capital projects thereby reducing impact to ratepayers.
• Enterprise Fund services will establish and maintain reserves for general contingency and capital purposes consistent with those maintained for general governmental services.
• Revenue bonds shall be issued only when projected operating revenues and reserves are insufficient for the timely completion of enterprise capital projects. • General Fund revenues are not to be used for annual operating expenses for the Water and Wastewater Utility Enterprise Funds.

Funding and Replenishment
This restricted fund could receive funding through a re-allocation of prior year General Fund Unassigned Fund Balance upon completion of the annual audit process if funds are available. Future contributions would either grow the existing fund balance or replenish funds that were used.

Adopted by the Yountville Town Council on October 18, 2022. - 1 -

TOWN OF YOUNTVILLE
Capitalization and Depreciation Policy
The Town of Yountville has a Capital (Fixed) Asset Accounting System to safeguard a sizeable investment, fix responsibility for the custody of equipment, assist in the formulation of acquisition and retirement policies through accumulation of data regarding prices, sources of supply and useful life, to provide data for financial reporting, to provide record support and to account for reimbursement of depreciation under grants and proprietary service programs, and to provide information for insurance purposes.

Fixed assets are capitalized because they are used in the production of the goods or services provided and sold. Depreciation must be recorded to determine total expenses, user charges, net income, and changes in fund equity. Capital assets also may serve as a basis for debt issued to establish, acquire, or improve a public enterprise.

Capital assets are reported in the applicable proprietary funds or in the general fixed assets account group.

Definitions
Capital assets are assets of a relatively permanent nature and of significant value, and are broadly classified as property, plant, equipment, and infrastructure (e.g. roads, bridges, sidewalks, and similar items) assets.

Land includes the investment in real estate other than:
a. Structures, pipeline, pump stations, reservoirs and other improvements, and b. Land acquired for pipeline and road purposes.

All land, as above defined, shall be capitalized without regard for significance of cost.

Buildings and improvements are physical property of a permanent nature, examples of which are buildings, structural attachments, storage tanks, reservoirs, pump stations, wells, and parking areas.

Sidewalks, trees and drives in connection with other structures should also be capitalized. Fixtures are permanent attachments to structures which are not intended to be removed and which function as part of the structure, such as boilers, pumps, lighting fixtures or plumbing.

Pipelines include mains, services, valves, hydrants, manholes, and other appurtenances. Paving of ditch lines is also included in plant values.

Equipment includes moveable personal property of a relatively permanent nature and of significant value, such as machines, tools, and vehicles, computer equipment and software.

Relatively permanent is defined as a useful life in excess of one year.

Significant value is defined as a minimum initial cost of more than $10,000 ($25,000 for infrastructure type assets.
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Treatment of Costs Subsequent to Acquisition
Expenditures on fixed assets which are incurred after their original acquisition are defined and recorded as follows:

Maintenance is defined as expenditures, which neither materially add to the value of property nor appreciably prolong its life, but merely keep it in an ordinary efficient operating condition.

Maintenance costs shall not be capitalized.

Capitalized Expenditures are defined as expenditures, which materially add to the value of property or appreciably extend its life. The cost of capitalized expenditures should be added to the book value of the asset where the original cost of a component being improved can be specifically identified. This amount should be written off and the new cost capitalized. Capitalized expenditures are on occasion referred to as betterments. The decision as to whether an expenditure should be capitalized shall be made by an evaluation of engineering, physical, or other relevant factors apart from cost.

Additions are new and separate units, or extensions of existing units, and are considered to be fixed assets. As with betterments the test of significance should be applied.

Alterations are changes in the physical structure or arrangement of fixed assets, the cost of which does not qualify as an increase in fixed assets under the foregoing definitions of betterments and additions. Alterations shall not be capitalized.

Valuation
Reasons for Assigning Value
A dollar-value should be assigned to each fixed asset item for the following reasons:
a. Dollar amounts serve as a control device; they are an important aspect of identification of a particular item or group of items.
b. Dollar amounts make it possible to present to the public the Town’s investment in fixed assets.
c. Dollar amounts provide a check on the adequacy of the Town’s insurance coverage. d. Dollar amounts on individual items provide information for cost accounting.

Valuation Basis
Fixed assets should be accounted for at historical cost, or estimated historical cost if purchased or constructed. Donated fixed assets should be recorded at their estimated fair market value at the date of donation. Surplus property purchases at nominal prices far below actual value are in part donations and should be so valued.

Land Cost
The cost of land includes all expenditures in connection with its acquisition, such as: purchase price; appraisal and negotiation fees; title search fees; surveying fees; cost of consents; relocation costs; condemnation costs; clearing land for use; demolishing or removing structures; and filing costs.

Receipts from the sales of salvage should be credited against the land cost. - 3 -
Buildings and Improvements Cost
The cost of structures and improvements includes all expenditures in connection with their acquisitions, such as: purchase price or construction cost; fixtures attached to the structure; architects’ fees; accident or injury costs; payment of damages; insurance during construction; cost of permits and licenses; and net interest cost during construction.

Major outlays for capital assets and improvements are capitalized as projects are constructed.

Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value of the assets constructed.

The cost should be reduced for: sale of salvage from materials charged against the construction; discounts, allowance and rebates secured; and amounts recovered through surrender of liability and casualty insurance. Rentals of property during the construction period should be credited to revenue unless otherwise restricted.

Equipment Cost
The cost of equipment includes: purchase price or construction cost less discounts; freight or other carriage charges; sale, use, or transportation taxes; and installation costs.

Construction by Force Account
Fixed assets constructed by the Town are recorded in the same manner as those acquired by purchase or construction contract. Costs are initially charged to the accounts of the cost center performing the construction and are then transferred to the project. These costs include direct labor, materials, equipment usage and overhead. Overhead is limited to those items, such as worker’ s compensation and employee group insurance premiums, retirement, sick leave and vacation allowances, which can be distributed on the basis of direct labor. Administrative overhead outside the cost center may be capitalized when clearly related to the construction.

Assets Acquired Under Lease Purchase Agreements
Lease contracts convey property to another for a specific period of time for a specified rent. Lease contracts are accounted for either by the operating method under which periodic payments are charged as expenditures, or by the financing method under which the payments are treated as debt service.

Sources of Information
Information regarding fixed asset additions is best taken from purchase invoices and contracts, even though there is sometimes an undue lag between physical possession of the property and the receipt of these documents. The individual department head controls the purchase, movement, and disposition of assets.

Disposition of Fixed Assets
With Town Manager approval, capital assets may be sold, abandoned or traded in on new assets.

Regardless of the manner of disposition or the amount of the proceeds, the asset must be removed from the fixed asset account at its recorded value along with the asset’s accumulated depreciation. - 4 -
The resulting gain or loss is recorded in the revenue and expense accounts.

Recordkeeping
Individual Records
An individual record of each unit of accountability should be maintained. Information recorded should include:
a. Date acquired.
b. Classification, such as: Buildings, Vehicles, Machinery & Equipment, etc. c. The vehicle unit number assigned.
d. An abbreviated word description.
e. Cost or other basis.
f. Method by which acquired, such as: lease, grant, donation, purchase. g. Grant from which purchased, if applicable.
h. Vendors name, if purchased.
i. Date and method of retirement.
j. Posting reference.

Optional data might include value for insurance purposes, estimated life, and equipment class code.

Subsidiary Records
For control purposes it is convenient to group detailed records by classification, department, or by location. Such records constitute a subsidiary ledger to the fixed asset control accounts.

Physical Inventories
To ensure that the system is functioning as intended, complete physical inventories of equipment should be taken at intervals prescribed by law, or, in the absence of applicable statute, the judgement of the local governing body. The taking of inventories will be facilitated if the property accounting officer provides a current listing in numerical order of the equipment charged to departments. The listing form should provide space for checking each item present, notation of exceptions and certification. In addition to the above, the property accounting officer, in the interests of internal control, should conduct test-check physical inventories of departments or item-groups selected at random. Failure to find any item should be discussed with the department head as promptly as possible.

Shortages and Overages
An investigation of any shortages or overages should be made in cooperation with the department involved. Frequently such a condition is due to an accounting lag in recording acquisitions, transfers and dispositions. Overages are seldom unexplainable. Shortages may exist because of the above lag, or because of pilferage. Any shortage still unexplained after a reasonable effort to determine the cause should be reported to the board of directors for appropriate action.

Depreciation
Depreciation, depletion, or amortization of capital assets must be recorded to determine the total expenses, net income, and changes in fund equity. In addition, as an option, depreciation on fixed - 5 -
assets acquired by contributed capital can be closed to the contributed capital account. This method should be considered when there is no obligation and the policy is not to replace the fixed assets with future contributed capital. In such circumstances, the contributed capital rather than the retained earnings account is decreased by the related depreciation expense.

Depreciation is computed using the straight-line method over the estimated years of useful life at the time the asset is placed in service. Useful life shall be determined by the Public Works Director, Finance Director or Town Manager, as appropriate, using the following guidelines:

Assets Years
Buildings 30
Building improvements 15-20
Public Domain Infrastructure 50
System Infrastructure 50-100
Vehicles 7
Office Equipment 3-7
Computer Equipment 3-5
Once established, the useful life may be modified as necessary to account for betterments or impairments of an asset.

Adopted by Town Council February 3, 2009
Investment Policy Statement 2009 SRA Council Meeting of April 7, 2009 Agenda Item #9B

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Yountville City CouncilAugust 1, 2023

Yountville City Council
August 1, 2023