Cities Index.
Agenda packet

Yountville City Council
September 19, 2023

Document
Agenda packet
Meeting
September 19, 2023
Body
Yountville City Council
Pages
3
Original file
12.3 MB
Text extracted from the city's file for reading and search. Open the original on townofyountville.primegov.com. That file is the official record.

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, September 19, 2023
3:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKee­Cant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

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

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

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

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

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the Town’s public comment email address [email protected]. Please include in the subject line “COMMENT TO COUNCIL”. Any written testimony submitted by 4:00 p.m. the Monday before the meeting will be shared with the Council Members electronically and will be added to the record. Any Public Comment received after the 4:00 p.m. deadline will be added to the record after the Town Council meeting has concluded.

HOW TO APPEAL
A person who is dissatisfied with a decision of the Town Council may have the right to a review of the decision by a Court. California Code of Civil Procedure Section 1094.5 and 1094.6 generally limits the time within which a decision of the Town Council may be judicially challenged. If a person challenges a decision in Court, he or she may be limited to raising only those issues raised at the Public Meeting described in this notice or in written correspondence delivered to the Town Council at or before the Public Meeting.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. COUNCIL MEMBER ANNOUNCEMENTS

6. PROCLAMATIONS AND RECOGNITIONS
A. New Employee – Manny Almanza

7. NON­AGENDA PUBLIC COMMENT
Members of the public are entitled to speak for 5 minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when the Mayor calls that item.

However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

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

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

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

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

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the Town’s public comment email address [email protected]. Please include in the subject line “COMMENT TO COUNCIL”. Any written testimony submitted by 4:00 p.m. the Monday before the meeting will be shared with the Council Members electronically and will be added to the record. Any Public Comment received after the 4:00 p.m. deadline will be added to the record after the Town Council meeting has concluded.

HOW TO APPEAL
A person who is dissatisfied with a decision of the Town Council may have the right to a review of the decision by a Court. California Code of Civil Procedure Section 1094.5 and 1094.6 generally limits the time within which a decision of the Town Council may be judicially challenged. If a person challenges a decision in Court, he or she may be limited to raising only those issues raised at the Public Meeting described in this notice or in written correspondence delivered to the Town Council at or before the Public Meeting.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. COUNCIL MEMBER ANNOUNCEMENTS

6. PROCLAMATIONS AND RECOGNITIONS
A. New Employee – Manny Almanza

7. NON­AGENDA PUBLIC COMMENT
Members of the public are entitled to speak for 5 minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when the Mayor calls that item.

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

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. COUNCIL MEMBER ANNOUNCEMENTS

6. PROCLAMATIONS AND RECOGNITIONS
A. New Employee – Manny Almanza

7. NON­AGENDA PUBLIC COMMENT
Members of the public are entitled to speak for 5 minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when the Mayor calls that item.

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

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

8. CONSENT CALENDAR
A. Waive Second Reading and Adopt Ordinance Number 23­519, Amending Yountville Municipal Code Chapter 2.06 (Electronic Filing of Campaign Disclosure Statements).

B. Adopt Resolution 23­4228 Approving a Budget Adjustment for Capital Improvement Project CP0029; LATA Broadband Development Feasibility Study, bringing the item forward from Fiscal Year 2022­2023 to Fiscal Year 2023­2024 to fund the Professional Service Agreement in the amount up to $102,600.

C. Adopt Resolution Number 23­4229 Authorizing the Procurement of a 2023 F­150 Lightning Electric Vehicle in a Not to Exceed Amount of $80,000 with Capital Fund 50 Identified in the Current Capital Improvement Plan (Project CP­0028) and Authorizing the Town Manager to Execute the Contract up to that Amount.

D. Adopt Resolution 23­4230 Approving the Placement of a Memorial Tree and Plaque in Yountville Community Park for Susan Cole.

E. Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
F. Approve Minutes of the regular meeting held on August 1, 2023 and the special meetings held June 30, 2023, August 1, 2023 and August 22, 2023.

9. GUEST PRESENTATIONS ­ NONE

10. PUBLIC HEARINGS
A. Introduction and Waiving First Reading of Ordinance 23­521 Amending Municipal Code Sections

17.12.010 and 17.236.010 to Prohibit Gas or Fueling Stations and Define Those Terms, and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant To CEQA Regulations 15061(B)(3), 15301, 15307, and 15308.

B. Introduce and Waive First Reading of Ordinance 23­522 Amending Section 8.05.100 of Chapter 805oftheYountvilleRegardingMoratoriumsonNewRenewedorRevisedPermitsLicenses A. Introduction and Waiving First Reading of Ordinance 23­521 Amending Municipal Code Sections

17.12.010 and 17.236.010 to Prohibit Gas or Fueling Stations and Define Those Terms, and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant To CEQA Regulations 15061(B)(3), 15301, 15307, and 15308.

B. Introduce and Waive First Reading of Ordinance 23­522 Amending Section 8.05.100 of Chapter

8.05 of the Yountville Regarding Moratoriums on New, Renewed, or Revised Permits, Licenses, Entitlement, or Other Approvals Pending Resolution of Code Enforcement Matters, and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant To CEQA Regulations 15061(B)(3).

11. ADMINISTRATIVE / REGULAR ITEMS
A. Introduce and Waive First Reading of Ordinance Number 23­520 Amending Section 2.04.040 of Chapter 2.04 of Title 2 of the Yountville Municipal Code Regarding Appointment and Term of the Vice Mayor.

B. 1. Consider adoption of Resolution Number 23­4231 Approving reclassification of the Deputy Town Clerk ­ Records Coordinator position to Communications Manager including new job description and assignment to appropriate salary range; approving reclassification of the Finance Director/Treasurer position to Administrative Services Director including new job description, new employment agreement, and ratifying appointment of Celia King to the position; approving budget adjustments to accommodate increase to personnel costs; and approving revision to Code Compliance Officer job description updating supervisor from Town Manager to Planning Director.

2. Introduce and Waive First Reading of Ordinance Number 23­523 Reclassifying the Finance Director/Treasurer position to Administrative Services Director and Updating the Town’s municipal code to reflect the reclassification.

12. STAFF PRESENTATIONS AND INFORMATIONAL REPORTS

13. COUNCIL EXTERNAL MEETING REPORTS

14. ADJOURNMENT
Adjourn to the Town Council Special Meeting Tuesday, October 3, 2023 at 1:00 p.m., being held in Town Council Chambers located at 6550 Yount Street.

I certify that a copy of this Town Council Agenda was posted at a location freely­accessible to the public at Yountville Town Hall, 6550 Yount Street within the Town of Yountville, the Friday before the meeting. /s/Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8A
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk

RECOMMENDATION
Waive Second Reading and Adopt Ordinance Number 23-519, Amending Yountville Municipal Code Chapter

2.06 (Electronic Filing of Campaign Disclosure Statements).

DISCUSSION/BACKGROUND
At the August 1, 2023 meeting, the Town Council introduced and held a first reading of this Ordinance. This is the second reading and, if adopted, the Ordinance will take effect in 30 days. The Ordinance Amends Yountville Municipal Code Chapter 2.06 (Electronic Filing of Campaign Disclosure Statements) to update the statutory threshold for required reporting, which is now outdated and inconsistent with state law. This Ordinance also amends Municipal Code Chapter 2.06 to provide the option to submit statements in paper format to the Town Clerk’s Office.

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. Updating the Yountville Municipal Code will maintain the quality of life of the Yountville community.

Town of Yountville
Ordinance Number 23-519

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING CHAPTER 2.06 (ELECTRONIC FILING OF CAMPAIGN DISCLOSURE

STATEMENTS) OF THE YOUNTVILLE MUNICIPAL CODE

RECITALS
WHEREAS, in July 2012, the California Legislature approved Assembly Bill 2452 which authorizes local jurisdictions to require the filing of campaign statements and reports in an electronic format, which took effect on January 1, 2013; and WHEREAS, Government Code section 81013 authorizes local agencies to impose additional requirements on any person so long as the requirements do not prevent the person from complying with the Political Reform Act; and WHEREAS, Government Code section 84615 governs the electronic filing of statements, reports, or other documents required by Chapter 4 of Title 9 of the Government Code (commencing with section 84100); and
WHEREAS, on December 2, 2014, the Town Council adopted Ordinance No. 429- 14 to implement an electronic filing system pursuant to Government Code section 84615; WHEREAS, the threshold for requiring electronic filings under Yountville Municipal Code section 2.06.010 has since become outdated and inconsistent with the thresholds provided under Government Code section 84615; and
WHEREAS, the Town Council now finds it necessary and desirable to amend Municipal Code Chapter 2.06 to conform with state law and allow paper filing in addition to electronic filing.

NOW, THEREFORE BE IT RESOLVED the Town Council of the Town of Yountville finds as follows:

SECTION 1. RECITALS: The Town Council finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. CODE AMENDMENT:

Ordinance Number 23-519

2.06.010 General.

A. Any elected officer, candidate, or committee required to file statements, reports or other documents (“statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) shall file such statements using the Town Clerk’s online system according to procedures established by the Town Clerk or by filing such statements in paper format with the Town Clerk.

These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. Elected officers, candidates and committees required to file statements may file such statements using the Town Clerk’s online system, unless exempt from the requirement to file such statements pursuant to Government Code Section 84615 because the officer, candidate, or committee receives contributions and/or makes expenditures totaling less than the thresholds established by Government Code section 84615 in a calendar year.

B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.

2.06.020 Procedures for utilizing online filing.

A. During the period commencing with the effective date of the ordinance codified in this chapter, an elected officer, candidate, or committee may use the electronic filing system by electronically filing a statement that is required to be filed with the Town Clerk pursuant to Chapter 4 of the Political Reform Act, unless the officer, candidate or committee is exempt as described in Section 2.06.010(A) or elects to file such statements in paper format with the Town Clerk.

B. Any elected officer, candidate, or committee who has electronically filed a statement using the Town Clerk’s online system is not required to file a copy of that document in paper format with the Town Clerk.

C. The Town Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the Town Clerk.

Ordinance Number 23-519
The date of filing for a statement filed online shall be the day that it is received by the Town Clerk.

D. If the Town Clerk’s online system is not capable of accepting a statement, an elected officer, candidate, or committee shall file that statement in paper format with the Town Clerk.

E. The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the California Government Code.

F. The online filing system shall enable electronic filers to complete and submit filings free of charge.

2.06.030 Availability of statements for public review, record retention.

A. The Town Clerk’s system shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Town Clerk’s office shall make a complete, unredacted copy of the statement available to the Fair Political Practices Commission for 87200 filers.

B. The Town Clerk shall post on the Town's Internet website a copy of any statement, report, or other document required by Chapter 4 of the Political Reform Act that is filed in a paper format within 72 hours of each applicable filing deadline pursuant to Section 84616 of the Government Code. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the Town Clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the Town's website to the statement, report, or other document satisfies this subdivision. A statement, report, or other document posted pursuant to this section shall be made available for four years from the date of the election associated with the filing.

C. The Town Clerk’s office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits.

Ordinance Number 23-519
SECTION 3. CEQA: This Ordinance is exempt from CEQA under 14 CCR section 15061, subdivision (b)(3) known as the 'common sense exemption' because CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for may reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional on their face or as applied.

SECTION 8. EFFECTIVE DATE: This ordinance shall become effective 30 days after the date of its passage and adoption.

SECTION 9. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the 1st day of August 2023.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the 19th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
APPROVED AS TO FORM:
______________________
Gary B. Bell, Town Attorney
Ordinance Number 23-519
I, EDDY GOMEZ, Town Clerk of the Town of Yountville, do hereby certify that Ordinance Number 23-519 was adopted at a regular meeting of the Town Council held on the 19th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Eddy Gomez, Town Clerk

2.06.010 General.

A. Any elected officer, candidate, or committee required to file statements, reports or other documents (“statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) shall file such statements using the Town Clerk’s online system according to procedures established by the Town Clerk or by filing such statements in paper format with the Town Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. Elected officers, candidates and committees required to file statements may file such statements using the Town Clerk’s online system, unless exempt from the requirement to file such statements pursuant to Government Code Section 84615 because the officer, candidate, or committee receives contributions and/or makes expenditures totaling less than the thresholds established by Government Code section 84615 in a calendar year.

B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.

2.06.020 Procedures for utilizing online filing.

A. During the period commencing with the effective date of the ordinance codified in this chapter, an elected officer, candidate, or committee may use the electronic filing system by electronically filing a statement that is required to be filed with the Town Clerk pursuant to Chapter 4 of the Political Reform Act, unless the officer, candidate or committee is exempt as described in Section 2.06.010(A) or elects to file such statements in paper format with the Town Clerk.

B. Any elected officer, candidate, or committee who has electronically filed a statement using the Town Clerk’s online system is not required to file a copy of that document in paper format with the Town Clerk.

C. The Town Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the Town Clerk. The date of filing for a statement filed online shall be the day that it is received by the Town Clerk.

D. If the Town Clerk’s online system is not capable of accepting a statement, an elected officer, candidate, or committee shall file that statement in paper format with the Town Clerk.

E. The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the California Government Code.

F. The online filing system shall enable electronic filers to complete and submit filings free of charge.

2.06.030 Availability of statements for public review, record retention.

A. The Town Clerk’s system shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Town Clerk’s office shall make a complete, unredacted copy of the statement available to the Fair Political Practices Commission for 87200 filers.

B. The Town Clerk shall post on the Town's Internet website a copy of any statement, report, or other document required by Chapter 4 of the Political Reform Act that is filed in a paper format within 72 hours of each applicable filing deadline pursuant to Section 84616 of the Government Code. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the Town Clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the Town's website to the statement, report, or other document satisfies this subdivision. A statement, report, or other document posted pursuant to this section shall be made available for four years from the date of the election associated with the filing.

C. The Town Clerk’s office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits.

2.06.010 General.

A. Any elected officer, candidate, or committee required to file statements, reports or other documents (“statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) shall file such statements using the Town Clerk’s online system according to procedures established by the Town Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. Elected officers, candidates and committees required to file statements must file such statements using the Town Clerk’s online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate or committee receives less than $1,000.00 in contributions and makes less than $1,000.00 in expenditures in a calendar year.

B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.

2.06.020 Procedures for utilizing online filing.

A. During the period commencing with the effective date of the ordinance codified in this chapter, an elected officer, candidate, or committee shall use the electronic filing system by electronically filing a statement that is required to be filed with the Town Clerk pursuant to Chapter 4 of the Political Reform Act, unless the officer, candidate or committee is exempt as described in Section 2.06.010(A).

B. Any elected officer, candidate, or committee who has electronically filed a statement using the Town Clerk’s online system is not required to file a copy of that document in paper format with the Town Clerk.

C. The Town Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the Town Clerk. The date of filing for a statement filed online shall be the day that it is received by the Town Clerk.

D. If the Town Clerk’s online system is not capable of accepting a statement, an elected officer, candidate, or committee shall file that statement in paper format with the Town Clerk.

E. The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004.

F. The online filing system shall enable electronic filers to complete and submit filings free of charge.

2.06.030 Availability of statements for public review,
record retention.

A. The Town Clerk’s system shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Town Clerk’s office shall make a complete, unredacted copy of the statement available to the Fair Political Practices Commission for 87200 filers.

B. The Town Clerk’s office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8B
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director RECOMMENDATION:

Adopt Resolution 23-4228 Approving a Budget Adjustment for Capital Improvement Project CP-0029; LATA Broadband Development Feasibility Study, bringing the item forward from Fiscal Year 2022-2023 to Fiscal Year 2023-2024 to fund the Professional Service Agreement in the amount up to $102,600.

DISCUSSION/BACKGROUND
In January 2023 the Town was awarded a $102,600 grant from the Local Agency Technical Assistance (LATA) program for a Yountville Broadband Development Feasibility Study. The purpose of the LATA grant is to provide support to local agencies in their efforts to expand broadband service to unserved and underserved Californians.

The LATA grant will fund a broadband feasibility study project including an engineering study, market analysis and development of public-private partnership(s) that may lead to expansion of broadband infrastructure to serve those unserved/underserved populations and households in the Town.

At the February 21, 2023 Town Council meeting, the Town Council authorized Resolution 23-4183 which accepted the LATA Grant funds, approved a budget adjustment to create the project and awarded a professional services agreement to CBG Communications Inc.to complete a broadband feasibility study in the amount of $102,600.

The grant is the reimbursement type where the Town makes the initial purchase and then is reimbursed by the CPUC LATA Grant for total costs incurred. There remains adequate funds in Capital Improvement Fund 50 to cover the Professional Services Agreement with CBG Communications Inc. and the CPUC Grant will reimburse 100% of the Capital Improvements Fund (Fund 50) expenditures.

While the project CP-0029; LATA Broadband Feasibility Study for $102,600 was allocated in the budget for Fiscal Year 2022-2023, this project was inadvertently not carried forward into the approved Fiscal Year 2023- 2024 CIP budget. This action will approve a budget adjustment for Capital Improvement Project CP-0029; LATA Broadband Development Feasibility Study, bringing the item forward from Fiscal Year 2022-2023 to Fiscal Year 2023-2024 to fund the Professional Service Agreement with CBG Communications Inc.

ENVIRONMENTAL REVIEW
Not Applicable

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, and trails, and quality programs and events.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Modern infrastructure now may include wireless internet connectivity to serve the Town’s residents and visitors. Accepting this grant and subsequent feasibility study will help to determine if public wireless internet connectivity is feasible for the Town.

Town of Yountville
Resolution Number 23-4228

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE

APPROVING A BUDGET ADJUSTMENT FOR CAPITAL IMPROVEMENT PROJECT CP-0029; LATA BROADBAND DEVELOPMENT FEASIBILITY STUDY, BRINGING THE ITEM FORWARD FROM FISCAL YEAR 2022-2023 TO FISCAL YEAR 2023-2024 TO

FUND THE PROFESSIONAL SERVICE AGREEMENT IN THE AMOUNT UP TO $102,600.

Recitals
A. In January 2023 the Town was awarded a $102,600 grant from the Local Agency Technical Assistance (LATA) program for a Yountville Broadband Development Feasibility Study. The purpose of the LATA grant is to provide support to local agencies in their efforts to expand broadband service to unserved and underserved Californians.

B. At the February 21, 2023 Town Council meeting, the Town Council authorized Resolution 23-4183 which accepted the LATA Grant funds, approved a budget adjustment to create the project and awarded a professional services agreement to CBG Communications Inc.to complete a broadband feasibility study in the amount of $102,600.

C. The grant is the reimbursement type where the Town makes the initial purchase then is reimbursed by the CPUC LATA Grant for total costs incurred. There remains adequate funds in Capital Improvement Fund 50 to cover the Professional Services Agreement with CBG Communications Inc. and the CPUC Grant will reimburse 100% of the Capital Improvements Fund (Fund 50) expenditures.

D. Project CP-0029; LATA Broadband Feasibility Study for $102,600 was allocated in the budget for FY 22/23. This action will approve a budget adjustment for Capital Improvement Project CP-0029; LATA Broadband Development Feasibility Study, bringing the item forward from FY 22-23 to FY 23-24 to fund the Professional Service Agreement with CBG Communications Inc.

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

1. Authorize a budget adjustment for Capital Improvement Project CP-0029; LATA Broadband Development Feasibility Study, bringing the item forward from FY 22-23 to FY 23-24 to fund the Professional Service Agreement with CBG Communications Inc.

2. This Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

Resolution Number 23-4228
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 19th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez; Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8C
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director

RECOMMENDATION
Adopt Resolution Number 23-4229 Authorizing the Procurement of a 2023 F-150 Lightning Electric Vehicle in a Not to Exceed Amount of $80,000 with Capital Fund 50 Identified in the Current Capital Improvement Plan (Project CP-0028) and Authorizing the Town Manager to Execute the Contract up to that Amount.

DISCUSSION/BACKGROUND
At the October 18, 2022, Council meeting, Town Council directed staff to utilize $200,000 of the unassigned General Fund Balance for the purchase of electric vehicle charging stations and electric fleet vehicles. With this direction, staff allocated the additional $200,000 to Capital Project CP-0028 intended for the installation and purchase of electric vehicle charging stations and electric fleet vehicles. The Town’s Capital Improvement Program budget incorporates the Town’s goal to replace traditional vehicles over time with electric vehicles and contains capital improvement projects for the purchase of additional electric vehicles and installation of electric vehicle charging stations in Town.

At the December 16, 2022 council meeting, Town Council approved the purchase of two GEM electric vehicles.

These two vehicles replaced the 2008 Chevy Silverado light-duty pickup truck that is considered the primary use vehicle for Public Works administration staff is and a utility truck used by municipal operations staff to empty trash receptacles in public facilities. The Town received one GEM vehicle in August and will receive the remaining GEM vehicle in late September.

To continue with the Town’s zero emission and sustainability goals, Public Works would like to purchase a 2023 F-150 Lightning electric vehicle to replace the need for a gas-powered truck in our fleet. The new vehicles will reduce the gas emissions released at stops, idling when doing field stops within town and reduce the need for staff to use traditional gasoline-powered vehicles.

The two GEM electric vehicles were purchased for approximately $50,000. The unused fund balance in CP0028 is $146,000. This fund balance will cover the not to exceed amount of $80,000.00 cost of the F-150 Lightning truck. Unused fund balance will remain available for the procurement of electric vehicle charging stations and additional electric fleet purchases.

Pursuant to Town Municipal Code Chapter 3.32, Article 2 Supplies, General Services and Equipment 3.32.180 Formal Bid Procedure, Public Works staff advertised a notice inviting bids for the procurement of the electric fleet vehicle beginning on 8/26/2023. No bids or inquiries were received by staff. Following the requirements in the Town’s Municipal Code, Title 3 Revenue and Finance, Chapter 3.32.180 Formal Bid Procedure; G. Rejection of Bids. If the Town Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract. Public Works would like to move forward with the direct purchase of the 2023 F-150 Lightning Electric Vehicle through the Ford website.

Staff is requesting the council authorize the procurement of the 2023 F-150 Lightning Electric Vehicle and authorize the Town Manager to sign the contract up to the purchase amount.

ENVIRONMENTAL REVIEW
Not Applicable

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high-quality municipal programs and services while maintaining public infrastructure for the benefit of the community.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Using the allocated funds for vehicle replacement and charging stations ensures that the Town’s is meeting its zero emission and sustainability goals in an appropriate time frame exhibiting responsible fiscal policy while providing the necessary zero-emissions equipment for staff to deliver municipal services while maintaining Town infrastructure.

Town of Yountville
Resolution Number 23-4229

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AUTHORIZING THE PROCUREMENT OF A 2023 F-150 LIGHTNING ELECTRIC VEHICLE IN THE NOT TO EXCEED AMOUNT OF $80,000 WITH CAPITAL FUND 50 IDENTIFIED IN THE CURRENT CAPITAL IMPROVEMENT PLAN (PROJECT CP-0028)

AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT UP TO THAT AMOUNT.

Recitals
A. At the October 18, 2022, Council meeting, Town Council directed staff to utilize $200,000 of the unassigned General Fund Balance for the purchase of electric vehicle charging stations and electric fleet vehicles. With this direction staff allocated the additional $200,000 into Capital Project CP-0028 intended for the installation and purchase of electric vehicle charging stations and electric fleet vehicles.

B. The Town’s Capital Improvement Program budget incorporates the Town’s goal to replace traditional vehicles over time with electric vehicles and contains capital improvement projects for the purchase of additional electric vehicles and installation of electric vehicle charging stations in Town.

C. The purchase of a 2023 F-150 Lightning electric vehicle would replace the need for a gaspowered truck in the Town fleet. The existing fund balance would cover the not to exceed amount of $80,000.00 cost of the F-150 Lightning truck.

D. Pursuant to Town Municipal Code Chapter 3.32, Article 2 Supplies, General Services and Equipment 3.32.180 Formal Bid Procedure, Public Works staff advertised a notice inviting bids for the procurement of the electric fleet vehicle beginning on 8/26/2023. No bids or inquiries were received.

E. The proposed electric vehicle purchase is via the Town’s Municipal Code, Title 3 Revenue and Finance, Chapter 3.32.180 G. Rejection of Bids. If the Town Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract.

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

1. Using the allocated funds for vehicle replacement and charging stations ensures that the Town’s is meeting its zero-emission and sustainability goals.

2. The Town has a quote for a 2023 F-150 Lightning fleet truck for $70,000 including tax and fees, the monies to purchase are available in Fund 50.

3. The proposed electric vehicle purchase is via the Town’s Municipal Code, Title 3 Revenue and Finance, Chapter 3.32.180 G. Rejection of Bids. If the Town Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract.

4. The Town manager is authorized to sign the contract up to the purchase amount.

Resolution Number 23-4229

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 19th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez; Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8D
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Samantha Holland, Parks & Recreation Director
PREPARED BY: Samantha Holland, Parks & Recreation Director

RECOMMENDATION
Adopt Resolution 23-4230 Approving the Placement of a Memorial Tree and Plaque in Yountville Community Park for Susan Cole.

DISCUSSION/BACKGROUND
As part of the Town’s Memorial and Naming Program, staff has received an application from the family of Sue Cole to plant a memorial tree with plaque in Yountville Community Park in her memory. Sue lived in Yountville for 70 years. She was raised by her parents on a ranch on Yountville Crossroad “Willson’s Egg Ranch”. She then moved to Ivy Court where she lived until her passing. Sue worked for the Town of Yountville as an Administrative Assistant for over 30 years before she
retired in 2008.

This request was unanimously approved by the Parks and Recreation Advisory Commission at the July 20, 2023 Meeting.

If approved by the Council, Town staff would work with the family to pick a tree, a site and the plaque language. The applicant is responsible for reimbursing the town for the cost of the tree and plaque.

ENVIRONMENTAL REVIEW
Not Applicable

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? No
Where is it Budgeted? Family to reimburse for the cost
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? No.

If yes, Identify Strategic Goal and Objective. N/A
Briefly Explain Relationship to Strategic Plan Goal and Objective. N/A Town of Yountville
Resolution Number 23-4230

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE

APPROVING THE PLACEMENT OF A MEMORIAL TREE AND PLAQUE DEDICATED TO

SUSAN COLE IN YOUNTVILLE COMMUNITY PARK AS PART OF THE TOWNS

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

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

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

D. Staff has received and reviewed the application from the family of Susan Cole and found it to be complete and meeting of the criteria established in the policy.

E. On July 20, 2023 the Parks and Recreation Advisory Commission reviewed and unanimously approved the application and its referral to the Town Council for review.

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

A. Adopt Resolution Number 23-4230 approving the placement of a memorial tree dedicated to Susan Cole in Yountville Community Park as part of the Towns Dedication and Memorial Program.

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 19th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8E
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director

RECOMMENDATION
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. 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. The emergency needs to remain in effect as staff continues to coordinate with FEMA, CalOES and the Town’s insurance to acquire funding for both the temporary and permanent repairs.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? Yes
Where is it Budgeted? WW-0042; 63-4518-5100; Recycled Water Transmission Main Repair 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.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8F
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk

RECOMMENDATION
Approve Minutes of the regular meeting held on August 1, 2023 and the special meetings held June 30, 2023, August 1, 2023 and August 22, 2023.

DISCUSSION/BACKGROUND
Approve Minutes of the regular meeting held on August 1, 2023 and the special meetings held June 30, 2023, August 1, 2023 and August 22, 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.

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, August 1, 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 Page 1
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 McKee­Cant, seconded by Council Member Reeves to Adopt the Agenda. The motion carried by the following vote:

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

5. PROCLAMATIONS AND RECOGNITIONS ­ NONE

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
The following individuals provided public comment on matters not listed on the agenda: Joshua Kizer, Public Information Officer for Yountville’s Veterans Home. Additionally, Joshua Kizer provided the following information for the Yountville Community:

The Veterans Home of Yountville received national recognition for the safety and security provided during the pandemic.

The Veterans Home welcomes the community back to their campus through volunteer and donation opportunities. For more information, contact the home via email at [email protected]  or by phone at 707­944­4931.

The Veterans Home will be hosting a public event titled Picnic with a Vet taking place August 2, 2023 to help residents living at the Home reacclimate with the community.

7. CONSENT CALENDAR
A. Approve request to cancel the Town Council Regular Meetings scheduled for August 15, 2023 and September 5, 2023.

B. Adopt Resolution 23­4226 Authorizing submittal of application(s) for the California Governor's Office of Emergency Services program for which Town is eligible and Authorizing Town Manager, to sign the necessary Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements and any subsequent amendments for the allocation and reimbursement of grant funds on behalf of the Town.

C. Adopt Resolution Number 23­4220; Authorizing the Procurement of a Vactor Truck Via the Town's Cooperative Purchasing Ordinance in the Amount of $397,369.07 with Wastewater Utility Collection Capital Improvement Fund 64 Identified in the Current Capital Improvement Plan (Project WW­0041) and Authorizing the Town Manager to Execute the Contract up to the Budgeted Amount.

Town of Yountville Town Council Regular Meeting Page 2
C. Adopt Resolution Number 23­4220; Authorizing the Procurement of a Vactor Truck Via the Town's Cooperative Purchasing Ordinance in the Amount of $397,369.07 with Wastewater Utility Collection Capital Improvement Fund 64 Identified in the Current Capital Improvement Plan (Project WW­0041) and Authorizing the Town Manager to Execute the Contract up to the Budgeted Amount.

D. Adopt Resolution Number 23­4221 Authorizing a construction contract with Robertson Recreational Industries, Inc. for the Installation of Replacement Play Surface at Yountville Community Park Project Number PK­0037 for $109,056.15 and authorizing the Town Manager to execute a construction contract, change orders and amendments up to the PK­0037 budgeted amount.

E. Adopt Resolution Number 23­4222 Awarding the Bid for the Fiscal Year 2023­2024 Street Sweeping Services, Approving a Maintenance Agreement with Commercial Power Sweep for $65,835 and authorizing the Town Manager to execute the maintenance agreement, change orders and amendments up to the budgeted amount.

F. Adopt Resolution Number 23­4223 Approving a Professional Services Agreement with Larry Walker Associates for On­Call Water and Wastewater, Recycled Water and Potable Water Regulatory Compliance Services.

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

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

I. Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
J. NVTID – Yountville Annual Work Plan for Tourism Improvement District Assessment Fund 22 (1015).

K. Preliminary Monthly Financial Report for June 2023
L. Preliminary Quarterly Investment Report for June 2023 M. 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.

Council Member Reeves requested a friendly amendment to item 7H, Minutes of the Regular meeting held July 18, 2023. The amendment request is to section 13F, Climate Action Committee Report, clarifying that the grant received through Senator Bill Dodd’s Office is from the State budget. The Council agreed to include the amendment.

Vice Mayor Knight requested Napa County CalFire Chief Russell to provide information from the Fire Report not included in item 7G during CalFire’s presentation.

A motion was made by Vice Mayor Knight, seconded by Council Member McKee­Cant to approve the Consent Calendar items as amended. 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. Follow Up CalVet / Town Recent Precautionary Boil Water Notice.

Josh Kizer, Public Information Officer for CalVet, provided the presentation.

Town of Yountville Town Council Regular Meeting Page 3

8. PRESENTATIONS
A. Follow Up CalVet / Town Recent Precautionary Boil Water Notice.

Josh Kizer, Public Information Officer for CalVet, provided the presentation.

B. Napa County CalFire Quarterly Report
Chief Russell Wes, Napa County CalFire, provided the presentation. Chief Matt Marcucci provided further information on the additional staff that will be joining the Yountville Fire Station.

C. Napa County Sheriff’s Office Quarterly Report
Sergeant Millat, Napa County Sheriff’s Office, provided the presentation.

9. PUBLIC HEARINGS ­ NONE

10. ADMINISTRATIVE / REGULAR ITEMS
A. Consideration and Adoption of Resolution Number 23­4225 Adopting Town Council Handbook.

Brad Ralston, Town Manager, presented 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 Reeves 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
B. Introduce and Waive First Reading of Ordinance Number 23­519 Amending Yountville Municipal Code Chapter 2.06 (Electronic Filing of Campaign Disclosure Statements) of the Yountville Municipal Code.

A motion was made by Council Member Reeves, seconded by Council Member McKee­Cant to Introduce and Waive the First Reading of the Ordinance. 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
Eddy Gomez, Town Clerk, provided the staff report.

Public Comment – None.

Town Council discussed and took the following action:

C. Discussion and Possible Direction Regarding the Creation of ADA Parking Stall at Forrester Park.

Rosalba Ramirez, Deputy Public Works Director, presented the staff report.

Ernest Wuethrich, CASp Accessibility Program Manager for PM Design, provided the presentation.

Public Comment Held.

ThflliidiidliddiblitBilliHittWillH
Town of Yountville Town Council Regular Meeting Page 4
Rosalba Ramirez, Deputy Public Works Director, presented the staff report.

Ernest Wuethrich, CASp Accessibility Program Manager for PM Design, provided the presentation.

Public Comment Held.

The following individuals provided in­person public comment: Billie Hewitt, Will Hays.

The following individuals provided electronic public comment: Carol Fink and Kim Cook.

Town Council discussed and provided the following direction to staff:

Create an assessment analysis with an accessibility expert and consultant to analyze all the parks in Town, including parking and program accessibility.

Update or evaluate the ADA transition plan based on the assessment.

Pursue improvements to the ramp portion at Three Weirs Park and research if the grant would cover the cost of the improvements.

Inspect the pathway area between Finnel Road and Yount Street before the Three Weirs Bridge for possible physical hazards.

11. STAFF INFORMATIONAL REPORTS
Brad Raulston, Town Manager, provided information regarding changes to the meeting flow due to the adoption of the Town Council Handbook.

Samantha Holland, Parks & Recreation Director, shared information on past and future events from the Parks & Recreation Department.

John Ferons, Public Works Director, provided an update on water conservation.

Gary Bell, Town Attorney, introduced Assistant Town Attorney Mackenzie Anderson.

Brad Raulston, Town Manager, shared further information about a potential tree ordinance item for consideration at a future Town Council meeting.

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 No report.

B. Napa Valley Transportation Authority (NVTA)
Mayor Mohler shared information from the meeting which included discussion about placing a ballot measure in the 2024 elections to extend the sunsetting of  Measure T Funds. The bill if passed, will allow the Town to bond against the funds provided from Measure T.

C. Upper Valley Waste Management Agency
No report.

D. LAFCO of Napa County
No report.

E. Watershed Information & Conservation Council
Vice Mayor Knight shared that the meeting was canceled, and they will meet in October. However, Vice Mayor Knight shared the focus of the Council is on preserving groundwater and recommended the community to visit the Watershed Information & Conservation Council website iithdiftihthldtiitithdtti
Town of Yountville Town Council Regular Meeting Page 5
E. Watershed Information & Conservation Council
Vice Mayor Knight shared that the meeting was canceled, and they will meet in October. However, Vice Mayor Knight shared the focus of the Council is on preserving groundwater and recommended the community to visit the Watershed Information & Conservation Council website since it has good information on how to help and participate in watershed protection.

F. Climate Action Committee
Councilmember Reeves shared information from the meeting which had mostly informational presentations. Some of the presentations included
Napa Valley Climate Challenge Group provided information on a website with resources and connections for the community to join together in individual actions to find ways to be climate sustainable.

The Committee received information from NVTA regarding the V Commute program for businesses in Napa County, The program is a ride­share program that uses an app to help find a commute buddy to reduce greenhouse pollution.

The Committee received a report from Sacramento Municipal Utility District regarding their utility program on preserving the environment and trying to be an efficient energy producer.

MCE provided a presentation on what they offer to the municipalities in Napa County and how they’re producing energy that is 95% sustainable.

G. Cal Cities Update
No report.

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

I. Council Announcements and Agenda Item Requests
Mayor Mohler reminded the community there will be a 9/11 Remembrance event at the Community Center on Monday, September 11 at 7:00 a.m.

13. ADJOURNMENT
A motion was made by Mayor Mohler, seconded by Council Member McKee­Cant to Adjourn the meeting. The motion carried by the following roll call vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKee­Cant, Council Member Reeves
NOES: 0
ABSTAIN: 0
Town of Yountville Town Council Regular Meeting Page 6
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

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.

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, August 1, 2023
2:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Trippe
Council Member Robin McKee­Cant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 944­8851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

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

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

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

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

2. ROLL CALL

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

Absent: None

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

4. CLOSED SESSION
A. Conference With Real Property Negotiator (Gov. Code, § 54956.8.) Property Address: 6554 Yount Street, Yountville, CA 94599 Town Negotiator: Brad Raulston, Town Manager
Negotiating Party: Napa Valley Unified School District
Under Negotiation: Price and Terms of Payment
The Town Council returned from closed session and Mayor Mohler announced that there was no reportable action. Mayor Mohler adjourned the meeting.

5. ADJOURNMENT
Adjourned to the Town Council Regular Meeting being held Tuesday, August 1, 2023 at 3:00 p.m. in Town Council Chambers located at 6550 Yount Street.
_____________________
Eddy Gomez, Town Clerk
Date Approved: September 19, 2023
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, August 22, 2023
4:00 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 ­ 4:00 P.M.

Mayor Mohler called the meeting to order at approximately 4:00 p.m. 2ROLLCALL
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 ­ 4:00 P.M.

Mayor Mohler called the meeting to order at approximately 4:00 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 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. NON­AGENDA PUBLIC COMMENT
None.

6. APPLICANT INTERVIEWS
A. Applicant interviews for Zoning & Design Review Board The Town Council interviewed the following individuals:

Mike Bertolucci
Aimee Cavenecia
Kenneth Deposki
Michael Borck
The fourth applicant, Michael Borck, was unable to attend the in­person interview process.

However, applicant Borck submitted written answers to the same interview questions the Council asked to the candidates for consideration.

7. ADMINISTRATIVE / REGULAR ITEMS
A. Consider Appointment of one (1) individual to serve on the Zoning & Design Review Board with the terms of office to commence immediately and to expire on July 19, 2025.

Eddy Gomez, Town Clerk, provided the staff report.

Public Comment – None
Town Council discussed and took the following action:

A motion was made by Mayor Mohler, seconded by Council Member McKee­Cant to Appoint applicant Kenneth Deposki to the Zoning & Design Review Board.

A substitute motion was made by Council Member Reeves, seconded by Vice Mayor Knight to Appoint applicant Michael Borck , to the Zoning & Design Review Board.

A motion was made by Mayor Mohler, seconded by Council Member McKee­Cant to Appoint applicant Kenneth Deposki to the Zoning & Design Review Board.

A substitute motion was made by Council Member Reeves, seconded by Vice Mayor Knight to Appoint applicant Michael Borck , to the Zoning & Design Review Board.

After deliberation, Council Member Reeves rescinded her substitute motion.

A motion was made by Mayor Mohler, seconded by Council Member McKee­Cant to Appoint Kenneth Deposki to the Zoning & Design Review Board. 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. ADJOURNMENT
A motion was made by Mayor Mohler, 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
321257.v1
Town of Yountville
Ordinance Number 23-521

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING YOUNTVILLE MUNICIPAL CODE SECTIONS 17.12.010 AND 17.236.010 TO PROHIBIT GAS OR FUELING STATIONS WITHIN THE TOWN; DEFINING TERMS FOR THAT PURPOSE; AND FINDING THE AMENDMENTS TO BE EXEMPT FROM

THE CALIFORNIA ENVIORNMENTAL QUALITY ACT
WHEREAS, the Town places a high value on environmental protection and the Town’s General Plan identifies goals, policies, and programs to conserve, protect and improve natural resources and to reduce greenhouse gas (“GHG”) emissions; WHEREAS, on September 20, 2016, the Town adopted a Climate Action Plan that establishes actions the Town’s government and community can take to reduce emissions to 20 percent below 2010 levels by the year 2020;
WHEREAS, on September 8, 2016, Governor Brown signed Senate Bill 32, requiring a statewide reduction in GHG emissions of 40% below 1990 levels by 2030; WHEREAS, on January 26, 2018, Governor Brown issued Executive Order B-48- 18, calling for an acceleration in the number of zero-emission vehicles (ZEVs) in California (targeting 5 million ZEVs by 2030) and investing $2.5 billion to increase the availability of electric vehicle charging stations and other ZEV infrastructure; WHEREAS, on September 10, 2018, Governor Brown issued, and Governor Newsom has since affirmed, Executive Order B-55-18, calling for the State of California to achieve carbon neutrality no later than 2045;
WHEREAS, on September 23, 2020, Governor Newsom issued Executive Order N-79-20 setting 2035 as the year when all new passenger cars and trucks sold in California must be zero emission;
WHEREAS, on August 5, 2021, President Biden signed Executive Order 14037 (Strengthening American Leadership in Clean Cars and Trucks), setting a goal that 50% of all new passenger cars and light trucks sold in the United States be ZEVs by the year 2030; and
WHEREAS, the transportation sector accounts for 47% of all GHG emissions generated within Yountville according to Napa County’s Regional 2019 Community Greenhouse Gas Inventory; and
WHEREAS, on March 15, 2022, the Town issued a proclamation declaring a climate emergency and a goal of net zero climate pollution; and WHEREAS, on the June 20, 2023, Town Council meeting, the Council heard a presentation from the Napa Schools for Climate Action promoting climate education and Ordinance 23-521
legislation within the community. At that meeting, the Town Council directed staff to come back with an amendment to prohibit gas or fueling stations; and WHEREAS, on August 8, 2023, the Zoning and Design Review Board (ZDRB) considered the proposed amendments and adopted Resolution No. 23-001 recommending the Town Council approve the proposed amendments; and WHEREAS, the proposed Zoning Ordinance text amendments would reinforce, and be consistent with, existing Town policies and General Plan; and WHEREAS, notice for the public hearing on the proposed amendments to the Zoning Ordinance was provided in compliance with Government Code sections 65090 and 65091;
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. RECITALS: The foregoing recitals are true and correct and are incorporated into the findings herein.

SECTION 2: RECORD: The Record of Proceedings ("Record") upon which the Town Council bases its decision includes, but is not limited to: (1) the staff reports, Town files and records and other documents prepared for and/or submitted to the Town relating to the proposed ordinance, (2) the evidence, facts, findings and other determinations set forth in this resolution, (3) the Town of Yountville General Plan and its certified final EIR and the Yountville Municipal Code, (4) all designs, plans, studies, data and correspondence submitted to the Town in connection with the proposed ordinance (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the Town, and (6) all other matters of common knowledge to the Town Council including, but not limited to, Town, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the Town of Yountville and its surrounding areas.

The location and custodian of the records is the Town of Yountville Planning and Building Department at 6550 Yount St, Yountville, CA 94599.

SECTION 3. CODE AMENDMENT: Section 17.12.010 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

A. Allowable Use. The use of land shall be restricted as set forth in the applicable zoning district regulations and as summarized in Table 17.12-1, Use Table. Uses identified in the table as “P”, or permitted, are allowable when operated and maintained in compliance with all requirements of Title 17. Uses identified as “UP” shall require issuance of a use permit as regulated by Chapter 17.200, Use Permits, prior to being established or operated. Uses identified as “AP” shall require issuance of an administrative use permit as regulated by Chapter 17.196, Administrative Use Permits.

Ordinance 23-521
B. Uses Not Listed. If a use is not identified as permitted or allowed in the applicable zoning district regulations, as summarized in Table 17.12-1 of this chapter, it is prohibited unless a finding is made by the Town Council or the Planning Officer that the use is similar in kind to listed uses. In such instance, the use shall be subject to the “P”, “UP” or “AP” designation of the similar use identified.

C. Expressly Prohibited. The following uses are expressly prohibited:

1. Short-term rental unit, and

2. Uses prohibited by State or Federal law.

3. Gas stations or fueling stations, as defined by Chapter 17.236; provided, however, that a gas station or fueling station lawfully operating in existence before [insert date] shall be considered a legal nonconforming use and may be continued, subject to the nonconforming use provisions set forth in Chapter 17.232.

D. Master Development Plans and Development Agreements. In the case of a site subject to an approved Master Development Plan or development agreement, the land use requirements of the Master Development Plan or development agreement shall apply.

E. Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, each shall be considered separately and must comply with the use restrictions in the applicable zoning district.

F. Permit Requirements. Any land use permit or other approval required by Title 17 or the Yountville Municipal Code shall be obtained before the proposed use is constructed, otherwise established or put into operation.

G. Development Standards. The use of land or new construction shall comply with all applicable requirements of this Zoning Ordinance. In the case of a site subject to an approved Master Development Plan or development agreement, the land use requirements of the Master Development Plan or development agreement shall be those applicable.

H. Conditions of Approval. The use of land and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

SECTION 4. CODE AMENDMENT: Section 17.236.010 of Title 17 of the Yountville Municipal Code is hereby amended to add the following definition:
"Gas station” or “fueling station” means a retail business selling, storing and/or dispensing gasoline, diesel, or any other fossil fuel-based motor vehicle fuels.

Ordinance 23-521
SECTION 5. ZONING AMENDMENT FINDINGS: The Town Council hereby makes the following findings as required by YMC Section 17.184.060 with respect to the Zoning Ordinance amendment at issue based on the evidence contained in the Record which is herein incorporated by reference:

1. The proposed amendment(s) would further the goals, objectives, policies and programs and is consistent with the intent of the General Plan; Yountville has existing policies, plans, programs, resources, and institutions that are already in place to adapt climate change and reduce potential impacts. The proposed Ordinance is consistent with the General Plan objectives, policies, and implementation programs of the Safety Element. The Safety Element includes section 9.5 - Climate Change Adaption and Resilience. Adaptive capacity is the current ability of a community to address the potential impacts of climate change.

General Plan Goal SH-1: Maintain high levels of public safety and emergency preparedness and SH-1.11 Climate Change Adaption and Resiliency to prepare for and respond.

Additionally, the proposed ordinance amendment is consistent with the Open Spaceand- Conservation element of the General Plan. Section 8.9 of the General Plan addresses Greenhouse Gas Emissions. The Town recognizes its vital role in the mitigation of greenhouse gas emissions and adapting to climate change.

In 2016, the Town adopted a Climate Action Plan that established further actions the Town and community could take to reduce emissions. The Climate Action Plan includes: (a) emergency efficiency and renewable energy actions to reduce fossil fuel energy use in the operation of buildings and facilities, (b) transportation actions to encourage walking, bicycling, and the use of public transportation and electric vehicles, (c) waste reduction, reuse, and recycling actions to divert or eliminate materials from landfill, (d) water and waste water actions to conserve potable water and improve the methane recapture program at the Town’s waste water treatment plant, and (e) actions to sequester greenhouse gas emissions in trees and in natural systems.

The adoption of an Ordinance that prohibits gas stations or fueling stations helps to further the Town’s General Plan goals of addressing potential impacts of climate change as well as further the Town’s Climate Action Plan.

2. The proposed amendment(s) would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town because the Town seeks to preserve and enhance the environmental setting, unique characteristics, and aesthetic quality of the Town of Yountville.

3. For amendments involving a zoning or land use map amendment, the site is physically suitable, including consideration of physical constraints, access, Ordinance 23-521
compatibility with surrounding land uses, and provision of utilities, for the requested or potential land uses.

The proposed amendments to prohibit new fueling stations/gas station land use in the Town of Yountville is desirable, and because the proposed amendment is consistent with the General Plan and the Climate Action Plan.

SECTION 6. CEQA: The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. To the extent this Zoning Ordinance amendment is a project subject to the requirements of CEQA, it is categorically exempt pursuant to CEQA Guidelines sections 15301 (operation of existing public or private structures involving no expansion of existing or former use); 15307 (actions by regulatory agencies for protection of natural resources); and 15308 (actions by regulatory agencies for protection of the environment); based on the following:

Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. The proposed Zoning Ordinance text amendments at issue herein prohibit new gas stations in all zoning districts. As a result of the amendments, there will be no construction and operation of new gas stations, thereby avoiding any direct or indirect physical change in the environment resulting from such activities and preserving the status quo.

CEQA Guidelines section 15301 exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. The amendments at issue herein prohibit the construction of new gas or fueling stations and is meant to preserve the status quo of existing gas stations, with no expansion of existing use.

CEQA Guidelines Section 15307 exempts projects undertaken by regulatory agencies, such as the Town of Yountville, to assure the maintenance, restoration, or enhancement of a natural resource(s) where the regulatory process involves procedures for protection of the environment. The amendments at issue herein represent an action of the Town, consistent with the policies of the Town’s General Plan, to maintain and protect natural resources. Specifically, the amendments prohibit new gas stations so as to reduce greenhouse gas emissions resulting from the burning of gasoline, diesel, and other fossil fuels and the ensuing impacts of climate change including, but not limited to increasing temperatures, changing weather patterns, drought conditions, and rising sea levels, all of which have a negative impact on the condition of natural resources. The amendments likewise minimize the potential for future groundwater, surface water, and/or soil contamination due to fuel spills and/or leaking underground tanks, and air pollutant emissions resulting from new gas stations.

CEQA Guidelines Section 15308 exempts projects undertaken by regulatory agencies, Ordinance 23-521
such as the Town of Yountville, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Zoning Ordinance text amendments at issue herein represent an action of the Town, consistent with the policies of the Town’s General Plan, to protect the environment. Specifically, the amendments prohibit new gas stations so as to reduce greenhouse gas emissions resulting from the burning of gasoline, diesel, and other fossil fuels and the ensuing impacts of climate change including, but not limited to increasing temperatures, changing weather patterns, drought conditions, and rising sea levels, all of which have a negative impact on the environment. The amendments likewise minimize the potential for future groundwater, surface water, and/or soil contamination due to fuel spills and/or leaking underground tanks, and air pollutant emissions resulting from new gas stations.

SECTION 7. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 8. EFFECTIVE DATE: This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the Town Council at a second reading and shall be posted and published in accordance with the California Government Code.

SECTION 9. INCONSISTENT PROVISIONS. Any provision of the Yountville Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 10. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

Ordinance 23-521
INTRODUCED by the Town Council at a regular meeting held on the September day of 19, 2023.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_______________________
Eddy Gonzales, Town Clerk
APPROVED AS TO FORM:
_______________________
Gary B. Bell, Town Attorney
Ordinance 23-521
I, Eddy Gomez, TOWN CLERK of the Town of Yountville, California, do hereby certify that the foregoing was regularly introduced and placed upon its first reading at a regular meeting of the Town Council on the 19th day of September, 2023. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the 19th day of September 2023.
by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Irene Borba, Planning & Building Director
PREPARED BY: Irene Borba, Planning & Building Director

RECOMMENDATION
Introduction and Waiving First Reading of Ordinance 23-521 Amending Municipal Code Sections 17.12.010 and

17.236.010 to Prohibit Gas or Fueling Stations and Define Those Terms, and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant To CEQA Regulations 15061(B)(3), 15301, 15307, and 15308.

BACKGROUND
State and Federal Action on Greenhouse Gas Emissions
Since 2005, the State of California has responded to growing concerns over the effects of climate change by adopting a comprehensive approach to addressing greenhouse gas (GHG) emissions in the public and private sectors.

Executive Order S-3-05, signed by Governor Arnold Schwarzenegger in 2005, established long-term targets to reduce GHG emissions to 1990 levels by 2020 and 80 percent below 1990 levels by 2050. The Global Warming Solutions Act of 2006, more commonly known as AB 32, codified the 2020 GHG reduction target and required the State to reduce emissions 40 percent below 1990 levels by 2030.

On September 23, 2020, Governor Newson signed Executive Order N-79-20 establishing 2035 as the year when all new passenger cars and trucks sold in California must be zero emission vehicles (ZEVs), and in August 2022, the California Air Resources Board adopted the Advanced Clean Cars II Rule, setting California on a path to rapidly grow the ZEV market, while also improving air quality and reducing GHG emissions.

At the federal level, on August 5, 2021, President Biden signed Executive Order 14037 (Strengthening American Leadership in Clean Cars and Trucks) establishing a goal that 50% of all new passenger cars and light trucks sold in the United States be ZEVs by the year 2030. With the recent passage of the Inflation Reduction Act of 2022, billions of dollars have been allocated to rapidly accelerate transportation electrification including tax credits for ZEV purchases and charging infrastructure.

Regional Regulations on Gas Stations
To align with state legislation on ZEV targets, encourage the shift from fossil fuel to electric vehicles, and reduce emissions from the transportation sector, in March of 2021 the City of Petaluma became the first local government in the country to adopt a prohibition on new gas stations within its boundaries. Since that time, several other jurisdictions have also enacted prohibitions on gas stations including Cotati, Santa Rosa, Windsor, Sebastopol, Rohnert Park, and Novato.

Town Actions to Address Local Greenhouse Gas Emissions
On September 20, 2016, the Town adopted a Climate Action Plan that established actions the Town’s government and community can take to reduce emissions to 20 percent below 2010 levels by the year 2020.

The Climate Action Plan includes energy efficiency and renewable energy actions to reduce fossil fuel energy use; transportation actions to encourage walking, bicycling, and the use of public transportation and electric vehicles; and actions to sequester greenhouse gas emissions in trees and natural systems.

On May 8, 2019, the Town released its latest General Plan, which included Goal OS-8.4 (Establish reduction targets for greenhouse gas emissions and actively implement local strategies to reduce the effects of climate change) and OS-8.4a (Implement strategies to achieve reductions in greenhouse gas emissions consistent with a 20% reduction below 2010 emission levels by 2020 and an additional 40% reduction by 2030).

On March 15, 2022, the Town issued a proclamation declaring a climate emergency and committing to striving to achieve a goal of net zero climate pollution.

Collectively, these local actions represent direction to Town staff to pursue policies and programs aimed at reducing GHG emissions to meet the state’s goal of a 40% reduction below 1990 emissions.

June 20, 2023, Town Council – At the June 20, 2023, Town Council meeting, the Council heard a presentation from the Napa Schools for Climate Action promoting climate education and legislation within the community. At that meeting, the Town Council directed staff to come back with an amendment to prohibit gas or fueling stations.

August 8, 2023, Zoning & Design Review Board (ZDRB) – At the August 8, 2023 Zoning and Design Review Board ("ZDRB” or “Board”) meeting, the Board considered the proposed amendments. Attached are the minutes from that meeting. The Board members expressed a desire for further discussions and actions to respond to climate change. The Board also questioned the need for the Ordinance amendments, given the Town uses a permissive zoning ordinance that does not allow gas stations. After discussion, the Board recommended the Town Council approve the ordinance amending the Town’s Zoning Ordinance.

DISCUSSION
According to the County of Napa’s Regional 2019 Community Greenhouse Gas Inventory, the transportation sector accounts for approximately 47% of all GHG emissions generated within Yountville. In order for Yountville to reach its GHG reduction goals, reducing emissions from vehicles by encouraging a rapid transition to electric and other alternatively-powered vehicles, while also increasing the number of trips taken by transit, ridesharing, biking, and walking, will be essential.

To that end, based on the federal, state, regional, and local actions outlined above, staff has prepared a proposed Zoning Ordinance for Town Council consideration amending Yountville Municipal Code Title 17 (Zoning) to prohibit the construction of new gas stations in Yountville. The single gas station currently operating within the Town, located at 6795 Washington St., Yountville, CA 94599, will be permitted to continue operation subject to the nonconforming use provisions set forth in YMC Chapter 17.232 (Legal Nonconforming Uses, Buildings, Signs and Substandard Parcels).

FINDINGS REQUIRED BY YMC 17.184.060
Staff believes the Town Council can make the findings required by YMC section 17.184.060 to adopt this amendment to the Town’s Zoning Ordinance, based on the following:

1. The proposed amendment(s) would further the goals, objectives, policies and programs and is consistent with the intent of the General Plan;
Yountville has existing policies, plans, programs, resources, and institutions that are already in place to adapt climate change and reduce potential impacts. The proposed Ordinance is consistent with the General Plan objectives, policies, and implementation programs of the Safety Element. The Safety Element includes section

9.5 - Climate Change Adaption and Resilience. Adaptive capacity is the current ability of a community to address the potential impacts of climate change.

General Plan Goal SH-1: Maintain high levels of public safety and emergency preparedness and SH-1.11 Climate Change Adaption and Resiliency to prepare for and respond.

Additionally, the proposed ordinance amendment is consistent with the Open Space-and- Conservation element of the General Plan. Section 8.9 of the General Plan addresses Greenhouse Gas Emissions. The Town recognizes its vital role in the mitigation of greenhouse gas emissions and adapting to climate change.

In 2016, the Town adopted a Climate Action Plan that established further actions the Town and community could take to reduce emissions. The Climate Action Plan includes: (a) emergency efficiency and renewable energy actions to reduce fossil fuel energy use in the operation of buildings and facilities, (b) transportation actions to encourage walking, bicycling, and the use of public transportation and electric vehicles, (c) waste reduction, reuse, and recycling actions to divert or eliminate materials from landfill, (d) water and waste water actions to conserve potable water and improve the methane recapture program at the Town’s waste water treatment plant, and (e) actions to sequester greenhouse gas emissions in trees and in natural systems.

The adoption of an Ordinance that prohibits gas stations or fueling stations helps to further the Town’s General Plan goals of addressing potential impacts of climate change as well as further the Town’s Climate Action Plan.

2. The proposed amendment(s) would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town because the Town seeks to preserve and enhance the environmental setting, unique characteristics, and aesthetic quality of the Town of Yountville.

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

The proposed amendments to prohibit new fueling stations/gas station land use in the Town of Yountville is desirable, and because the proposed amendment is consistent with the General Plan and the Climate Action Plan.

ENVIRONMENTAL REVIEW
Staff considers the Zoning Ordinance to be exempt pursuant to CEQA Guidelines section 15061(b)(3) (no potential for causing a significant effect on the environment). To the extent the Ordinance is a project subject to the requirements of CEQA, it is categorically exempt pursuant to CEQA Guidelines sections 15301 (operation of existing public or private structures involving no expansion of existing or former use); 15307 (actions by regulatory agencies for protection of natural resources); and 15308 (actions by regulatory agencies for protection of the environment); based on the following:

CEQA Guidelines Section 15061(b)(3) exempts projects from environmental review where it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment. The proposed Zoning Ordinance text amendments at issue herein prohibit new gas stations in all zoning districts. As a result of the amendments, there will be no construction and operation of new gas stations, thereby avoiding any direct or indirect physical change in the environment resulting from such activities.

CEQA Guidelines section 15301 exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. The amendments at issue herein prohibit the construction of new gas or fueling stations and is meant to preserve the status quo of existing gas stations, with no expansion of existing use.

CEQA Guidelines Section 15307 exempts projects undertaken by regulatory agencies, such as the Town of Yountville, to assure the maintenance, restoration, or enhancement of a natural resource(s) where the regulatory process involves procedures for protection of the environment. The amendments at issue herein represent an action of the Town, consistent with the policies of the Town’s General Plan, to maintain and protect natural resources. Specifically, the amendments prohibit new gas stations so as to reduce greenhouse gas emissions resulting from the burning of gasoline, diesel, and other fossil fuels and the ensuing impacts of climate change including, but not limited to increasing temperatures, changing weather patterns, drought conditions, and rising sea levels, all of which have a negative impact on the condition of natural resources. The amendments likewise minimize the potential for future groundwater, surface water, and/or soil contamination due to fuel spills and/or leaking underground tanks, and air pollutant emissions resulting from new gas stations.

CEQA Guidelines Section 15308 exempts projects undertaken by regulatory agencies, such as the Town of Yountville, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Zoning Ordinance text amendments at issue herein represent an action of the Town, consistent with the policies of the Town’s General Plan, to protect the environment. Specifically, the amendments prohibit new gas stations so as to reduce greenhouse gas emissions resulting from the burning of gasoline, diesel, and other fossil fuels and the ensuing impacts of climate change including, but not limited to increasing temperatures, changing weather patterns, drought conditions, and rising sea levels, all of which have a negative impact on the environment. The amendments likewise minimize the potential for future groundwater, surface water, and/or soil contamination due to fuel spills and/or leaking underground tanks, and air pollutant emissions resulting from new gas stations.

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, and trails, and quality programs and events. Visionary Leadership: The Town's leadership maintains an open-minded, forward-thinking decision-making process. We value engagement and participation from all members of the community as we work together to create policies and plan for the future.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Updating the Town’s Municipal Code to prohibit construction of new gas stations will further the Town’s commitment to providing leadership to mobilize and accelerate support for comprehensive and sustained climate action and reduce harmful environmental impacts such as greenhouse gases to reach the Town’s goal of net zero climate pollution. 315899.v1
Town of Yountville
Ordinance Number 23-[xxx]

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING YOUNTVILLE MUNICIPAL CODE SECTIONS 17.12.010 AND 17.236.010 TO PROHIBIT GAS OR FUELING STATIONS WITHIN THE TOWN; DEFINING TERMS FOR THAT PURPOSE; AND FINDING THE AMENDMENTS TO BE EXEMPT FROM

THE CALIFORNIA ENVIORNMENTAL QUALITY ACT
WHEREAS, the Town places a high value on environmental protection and the Town’s General Plan identifies goals, policies, and programs to conserve, protect and improve natural resources and to reduce greenhouse gas (“GHG”) emissions; WHEREAS, on September 20, 2016, the Town adopted a Climate Action Plan that establishes actions the Town’s government and community can take to reduce emissions to 20 percent below 2010 levels by the year 2020;
WHEREAS, on September 8, 2016, Governor Brown signed Senate Bill 32, requiring a statewide reduction in GHG emissions of 40% below 1990 levels by 2030; WHEREAS, on January 26, 2018, Governor Brown issued Executive Order B-48- 18, calling for an acceleration in the number of zero-emission vehicles (ZEVs) in California (targeting 5 million ZEVs by 2030) and investing $2.5 billion to increase the availability of electric vehicle charging stations and other ZEV infrastructure; WHEREAS, on September 10, 2018, Governor Brown issued, and Governor Newsom has since affirmed, Executive Order B-55-18, calling for the State of California to achieve carbon neutrality no later than 2045;
WHEREAS, on September 23, 2020, Governor Newsom issued Executive Order N-79-20 setting 2035 as the year when all new passenger cars and trucks sold in California must be zero emission;
WHEREAS, on August 5, 2021, President Biden signed Executive Order 14037 (Strengthening American Leadership in Clean Cars and Trucks), setting a goal that 50% of all new passenger cars and light trucks sold in the United States be ZEVs by the year 2030; and
WHEREAS, the transportation sector accounts for 47% of all GHG emissions generated within Yountville according to Napa County’s Regional 2019 Community Greenhouse Gas Inventory; and
WHEREAS, on March 15, 2022, the Town issued a proclamation declaring a climate emergency and a goal of net zero climate pollution; and WHEREAS, on the June 20, 2023, Town Council meeting, the Council heard a presentation from the Napa Schools for Climate Action; NVUSD Students for Promoting 315899.v1
Climate Education and legislations with the Community. At that meeting, the Town Council directed staff to come back with an amendment to prohibit gas or fueling stations; and
WHEREAS, on August 8, 2023, the Zoning and Design Review Board (ZDRB) considered the proposed amendments and recommended to town Council approval of the proposed amendments; and
WHEREAS, the proposed Zoning Ordinance text amendments would reinforce, and be consistent with, existing Town policies and General Plan; and WHEREAS, on [insert date], the Zoning and Design Review Board held a public hearing on the proposed amendments to the Zoning Ordinance following notice in compliance with Government Code sections 65090 and 65091, and recommended the amendments be adopted;
Now, therefore, the Town Council of the Town of Yountville does ordain as follows:

SECTION 1. RECITALS: The foregoing recitals are true and correct and are incorporated into the findings herein.

SECTION 2: RECORD: The Record of Proceedings ("Record") upon which the Zoning and Design Review Board bases its decision includes, but is not limited to: (1) the staff reports, Town files and records and other documents prepared for and/or submitted to the Town relating to the proposed ordinance, (2) the evidence, facts, findings and other determinations set forth in this resolution, (3) the Town of Yountville General Plan and its certified final EIR and the Yountville Municipal Code, (4) all designs, plans, studies, data and correspondence submitted to the Town in connection with the proposed ordinance (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the Town, and (6) all other matters of common knowledge to the Zoning and Design Review Board including, but not limited to, Town, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the Town of Yountville and its surrounding areas.

The location and custodian of the records is the Town of Yountville Planning and Building Department at 6550 Yount St, Yountville, CA 94599.

SECTION 3. CODE AMENDMENT: Section 17.12.010 of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

A. Allowable Use. The use of land shall be restricted as set forth in the applicable zoning district regulations and as summarized in Table 17.12-1, Use Table. Uses identified in the table as “P”, or permitted, are allowable when operated and maintained in compliance with all requirements of Title 17. Uses identified as “UP” shall require issuance of a use permit as regulated by Chapter 17.200, Use Permits, prior to being established or operated. Uses identified as “AP” shall require issuance 315899.v1
of an administrative use permit as regulated by Chapter 17.196, Administrative Use Permits.

B. Uses Not Listed. If a use is not identified as permitted or allowed in the applicable zoning district regulations, as summarized in Table 17.12-1 of this chapter, it is prohibited unless a finding is made by the Town Council or the Planning Officer that the use is similar in kind to listed uses. In such instance, the use shall be subject to the “P”, “UP” or “AP” designation of the similar use identified.

C. Expressly Prohibited. The following uses are expressly prohibited:

1. Short-term rental unit, and

2. Uses prohibited by State or Federal law.

3. Gas stations or fueling stations, as defined by Chapter 17.236; provided, however, that a gas station or fueling station lawfully operating in existence before [insert date] shall be considered a legal nonconforming use and may be continued, subject to the nonconforming use provisions set forth in Chapter 17.232.

D. Master Development Plans and Development Agreements. In the case of a site subject to an approved Master Development Plan or development agreement, the land use requirements of the Master Development Plan or development agreement shall apply.

E. Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, each shall be considered separately and must comply with the use restrictions in the applicable zoning district.

F. Permit Requirements. Any land use permit or other approval required by Title 17 or the Yountville Municipal Code shall be obtained before the proposed use is constructed, otherwise established or put into operation.

G. Development Standards. The use of land or new construction shall comply with all applicable requirements of this Zoning Ordinance. In the case of a site subject to an approved Master Development Plan or development agreement, the land use requirements of the Master Development Plan or development agreement shall be those applicable.

H. Conditions of Approval. The use of land and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

SECTION 4. CODE AMENDMENT: Section 17.236.010 of Title 17 of the Yountville Municipal Code is hereby amended to add the following definition:
315899.v1
"Gas station” or “fueling station” means a retail business selling, storing and/or dispensing gasoline, diesel, or any other fossil fuel-based motor vehicle fuels.

SECTION 5. ZONING AMENDMENT FINDINGS: The Town Council hereby makes the following findings as required by YMC Section 17.184.060 with respect to the Zoning Ordinance amendment at issue based on the evidence contained in the Record which is herein incorporated by reference:

1. The proposed amendment(s) would further the goals, objectives, policies and programs and is consistent with the intent of the General Plan; Yountville has existing policies, plans, programs, resources, and institutions that are already in place to adapt climate change and reduce potential impacts. The proposed Ordinance is consistent with the General Plan objectives, policies, and implementation programs of the Safety Element. The Safety Element includes section 9.5 - Climate Change Adaption and Resilience. Adaptive capacity is the current ability of a community to address the potential impacts of climate change.

General Plan Goal SH-1: Maintain high levels of public safety and emergency preparedness and SH-1.11 Climate Change Adaption and Resiliency to prepare for and respond.

Additionally, the proposed ordinance amendment is consistent with the Open Spaceand- Conservation element of the General Plan. Section 8.9 of the General Plan addresses Greenhouse Gas Emissions. The Town recognizes its vital role in the mitigation of greenhouse gas emissions and adapting to climate change.

In 2016, the Town adopted a Climate Action Plan that established further actions the Town and community could take to reduce emissions. The Climate Action Plan includes: (a) emergency efficiency and renewable energy actions to reduce fossil fuel energy use in the operation of buildings and facilities, (b) transportation actions to encourage walking, bicycling, and the use of public transportation and electric vehicles, (c) waste reduction, reuse, and recycling actions to divert or eliminate materials from landfill, (d) water and waste water actions to conserve potable water and improve the methane recapture program at the Town’s waste water treatment plant, and (e) actions to sequester greenhouse gas emissions in trees and in natural systems.

The adoption of an Ordinance that prohibits gas stations or fueling stations helps to further the Town’s General Plan goals of addressing potential impacts of climate change as well as further the Town’s Climate Action Plan.

The proposed amendment(s) would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town because the Town seeks to preserve and enhance the environmental setting, unique characteristics, and aesthetic quality of the Town of Yountville.
315899.v1

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

The proposed amendments to prohibit new fueling stations/gas station land use in the Town of Yountville is desirable, and because the proposed amendment is consistent with the General Plan and the Climate Action Plan.

SECTION 6. CEQA: The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. To the extent this Zoning Ordinance amendment is a project subject to the requirements of CEQA, it is categorically exempt pursuant to CEQA Guidelines sections 15301 (operation of existing public or private structures involving no expansion of existing or former use); 15307 (actions by regulatory agencies for protection of natural resources); and 15308 (actions by regulatory agencies for protection of the environment); based on the following:

Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. The proposed Zoning Ordinance text amendments at issue herein prohibit new gas stations in all zoning districts. As a result of the amendments, there will be no construction and operation of new gas stations, thereby avoiding any direct or indirect physical change in the environment resulting from such activities and preserving the status quo.

CEQA Guidelines section 15301 exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. The amendments at issue herein prohibit the construction of new gas or fueling stations and is meant to preserve the status quo of existing gas stations, with no expansion of existing use.

CEQA Guidelines Section 15307 exempts projects undertaken by regulatory agencies, such as the Town of Yountville, to assure the maintenance, restoration, or enhancement of a natural resource(s) where the regulatory process involves procedures for protection of the environment. The amendments at issue herein represent an action of the Town, consistent with the policies of the Town’s General Plan, to maintain and protect natural resources. Specifically, the amendments prohibit new gas stations so as to reduce greenhouse gas emissions resulting from the burning of gasoline, diesel, and other fossil fuels and the ensuing impacts of climate change including, but not limited to increasing temperatures, changing weather patterns, drought conditions, and rising sea levels, all of which have a negative impact on the condition of natural resources. The amendments likewise minimize the potential for future groundwater, surface water, and/or soil contamination due to fuel spills and/or leaking underground tanks, and air pollutant emissions resulting from new gas stations.
315899.v1
CEQA Guidelines Section 15308 exempts projects undertaken by regulatory agencies, such as the Town of Yountville, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Zoning Ordinance text amendments at issue herein represent an action of the Town, consistent with the policies of the Town’s General Plan, to protect the environment. Specifically, the amendments prohibit new gas stations so as to reduce greenhouse gas emissions resulting from the burning of gasoline, diesel, and other fossil fuels and the ensuing impacts of climate change including, but not limited to increasing temperatures, changing weather patterns, drought conditions, and rising sea levels, all of which have a negative impact on the environment. The amendments likewise minimize the potential for future groundwater, surface water, and/or soil contamination due to fuel spills and/or leaking underground tanks, and air pollutant emissions resulting from new gas stations.

SECTION 7. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 8. EFFECTIVE DATE: This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the Town Council at a second reading and shall be posted and published in accordance with the California Government Code.

SECTION 9. INCONSISTENT PROVISIONS. Any provision of the Yountville Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 10. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the September day of 19, 2023.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the __ day of _________, 2023, by the following vote:
315899.v1
AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Marjorie A. Mohler, Mayor
ATTEST:

Eddy Gonzales, Town Clerk
APPROVED AS TO FORM:

Gary B. Bell, Town Attorney
I, Eddy Gomez, TOWN CLERK of the Town of Yountville, California, do hereby certify that the foregoing was regularly introduced and placed upon its first reading at a regular meeting of the Town Council on the __ day of _________, 2023. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the __ day of _________, 2023.
by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
315899.v1
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, August 8, 2023
5:30 PM
Zoning & Design Review Board
Steven Miller, Chair
Kimberly Cook, Member
Michael Zagorsek, Member
Thomas Henthorne, Member
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
Chair Miller called the meeting to order at approximately 5:30 p.m.

2. ROLL CALL

Present: 4 Chair Steve Miller, Voting Member Kimberly Cook, Voting Member Michael Zagorsek, Voting Member Thomas Henthorne
AbsentNone
Town of Yountville
Zoning & Design Review Board
Regular Meeting Minutes 08/08/2023

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
Chair Miller called the meeting to order at approximately 5:30 p.m.

2. ROLL CALL

Present: 4 Chair Steve Miller, Voting Member Kimberly Cook, Voting Member Michael Zagorsek, Voting Member Thomas Henthorne

Absent: None

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

4. ADOPTION OF AGENDA
A motion was made by Voting Member Cook, seconded by Voting Member Zagorsek to Adopt the Agenda with a modification to item 8A, changing resolution number from 23­XXX to 23­001. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

5. APPROVAL OF MINUTES
A. Approval of Minutes from July 11, 2023 Meeting
A motion was made by Voting Member Cook, seconded by Voting Member Zagorsek to Adopt the Minutes as amended, typo correction made to item 9A under public hearing.  The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
The following individual provided in person public comment – Liliana Karesh A motion was made by Chair Miller, seconded by Voting Member Zagorsek to allow public comment prior to opening of item 8A Public Hearing. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

7. PRESENTATIONS
No presentation. But Planning and Building Director Irene Borba introduced Assistant Town Attorney McKenzie Anderson to the board.

8. PUBLIC HEARINGS
Cf
Town of Yountville
Zoning & Design Review Board
Regular Meeting Minutes 08/08/2023

Page 2 ends

8. PUBLIC HEARINGS
A. Consideration and possible Adoption of Resolution Number 23­001 Recommending the Town Council Adopt an Ordinance Amending Yountville Municipal Code Sections 17.12.010 and

17.236.010 to Prohibit Gas or Fueling Stations Within the Town and Defining Terms for That Purpose and Finding the Amendments to Be Exempt from the California Environmental Quality Act Irene Borba, Planning and Building Director, provided staff report with next possible steps for the Zoning Board Amendment. Staff recommends:

Proposed amendment – furthering the goals, objectives, policies and programs is consistent with the intent of the General Plan.

Not be detrimental to the public interest, health, safety convenience, or welfare of the Town.

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

The following individuals provided in person public comment – Michael Borken and Jim Wilson The following individuals provided electronic public comment – Lori Stelling Board member Zagorsek recommended to the Town Council to adopt the zoning ordinance amendment based on the three findings of the staff report along with comments to explore additional items to further Yountvilles progress towards its climate goals.

The Board discussed and took the following action:

A motion was made by Voting Member Zagorsek, seconded by Voting Member Cook to Approve as amended. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

9. ADMINISTRATIVE ITEMS ­ NONE

10. STAFF AND BOARD REPORTS
Irene Borba, Planning and Building Director, gave update on 1886 Mulberry staff has approved an ADU and junior ADU.

Chair Miller informed the board that construction on Madison & Washington work has started.

11. ADJOURNMENT
A motion was made by Voting Member Henthorne, seconded by Voting Member Cook to Adjourn the meeting. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0
Adjourned to the Zoning & Design Review Board Meeting September 12, 2023 at 5:30 pm being held in Town Council Chambers located at 6550 Yount St.
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Zoning & Design Review Board
Regular Meeting Minutes 08/08/2023

Page 3 ends

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, August 8, 2023
5:30 PM
Zoning & Design Review Board
Steven Miller, Chair
Kimberly Cook, Member
Michael Zagorsek, Member
Thomas Henthorne, Member
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
Chair Miller called the meeting to order at approximately 5:30 p.m.

2. ROLL CALL

Present: 4 Chair Steve Miller, Voting Member Kimberly Cook, Voting Member Michael Zagorsek, Voting Member Thomas Henthorne
AbsentNone
Town of Yountville
Zoning & Design Review Board
Regular Meeting Minutes 08/08/2023

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
Chair Miller called the meeting to order at approximately 5:30 p.m.

2. ROLL CALL

Present: 4 Chair Steve Miller, Voting Member Kimberly Cook, Voting Member Michael Zagorsek, Voting Member Thomas Henthorne

Absent: None

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

4. ADOPTION OF AGENDA
A motion was made by Voting Member Cook, seconded by Voting Member Zagorsek to Adopt the Agenda with a modification to item 8A, changing resolution number from 23­XXX to 23­001. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

5. APPROVAL OF MINUTES
A. Approval of Minutes from July 11, 2023 Meeting
A motion was made by Voting Member Cook, seconded by Voting Member Zagorsek to Adopt the Minutes as amended, typo correction made to item 9A under public hearing.  The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
The following individual provided in person public comment – Liliana Karesh A motion was made by Chair Miller, seconded by Voting Member Zagorsek to allow public comment prior to opening of item 8A Public Hearing. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

7. PRESENTATIONS
No presentation. But Planning and Building Director Irene Borba introduced Assistant Town Attorney McKenzie Anderson to the board.

8. PUBLIC HEARINGS
Cf
Town of Yountville
Zoning & Design Review Board
Regular Meeting Minutes 08/08/2023

Page 2 ends

8. PUBLIC HEARINGS
A. Consideration and possible Adoption of Resolution Number 23­001 Recommending the Town Council Adopt an Ordinance Amending Yountville Municipal Code Sections 17.12.010 and

17.236.010 to Prohibit Gas or Fueling Stations Within the Town and Defining Terms for That Purpose and Finding the Amendments to Be Exempt from the California Environmental Quality Act Irene Borba, Planning and Building Director, provided staff report with next possible steps for the Zoning Board Amendment. Staff recommends:

Proposed amendment – furthering the goals, objectives, policies and programs is consistent with the intent of the General Plan.

Not be detrimental to the public interest, health, safety convenience, or welfare of the Town.

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

The following individuals provided in person public comment – Michael Borken and Jim Wilson The following individuals provided electronic public comment – Lori Stelling Board member Zagorsek recommended to the Town Council to adopt the zoning ordinance amendment based on the three findings of the staff report along with comments to explore additional items to further Yountvilles progress towards its climate goals.

The Board discussed and took the following action:

A motion was made by Voting Member Zagorsek, seconded by Voting Member Cook to Approve as amended. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0

9. ADMINISTRATIVE ITEMS ­ NONE

10. STAFF AND BOARD REPORTS
Irene Borba, Planning and Building Director, gave update on 1886 Mulberry staff has approved an ADU and junior ADU.

Chair Miller informed the board that construction on Madison & Washington work has started.

11. ADJOURNMENT
A motion was made by Voting Member Henthorne, seconded by Voting Member Cook to Adjourn the meeting. The motion carried by the following vote:

AYES: 4; Chair Miller, Voting Member Cook, Voting Member Zagorsek, Voting Member Henthorne NOES: 0
ABSTAIN: 0
Adjourned to the Zoning & Design Review Board Meeting September 12, 2023 at 5:30 pm being held in Town Council Chambers located at 6550 Yount St.
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Zoning & Design Review Board
Regular Meeting Minutes 08/08/2023

Page 3 ends

California Fuels and Convenience Alliance
2520 Venture Oaks Way, Suite 100
Sacramento, CA 95833
916.646.5999
Town of Yountville
6550 Yount Street
Yountville, California 94599
Re: Agenda Item #10.A – PROHIBIT GAS OR FUELING STATIONS To: Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKee-Cant
Council Member Pam Reeves
The California Fuels and Convenience Alliance (CFCA) represents about 300 members, including nearly 90% of all the independent petroleum marketers in the state and more than one half of the state’s 12,000 convenience retailers. Our members are small, family- and minority-owned businesses that provide services to nearly every family in California.

Additionally, CFCA members fuel local governments, law enforcement, city and county fire departments, ambulances/emergency vehicles, school district bus fleets, construction firms, marinas, public and private transit companies, hospital emergency generators, trucking fleets, independent fuel retailers (small chains and mom-and-pop gas stations) and California agriculture, among many others. CFCA appreciates the opportunity to provide comment on this proposed ordinance.

The California Fuels and Convenience Alliance strongly opposes the proposal for a prohibition on the construction of new gas stations and the expansion of existing gas stations. This proposal will stifle electric vehicle (EV) charging infrastructure growth in Yountville and defies California’s efforts to fight climate change.

EV Charging and Alternative Fuels Infrastructure
Despite the growth of EVs both in California and nationally, EV charging infrastructure remains very expensive and will require funding from traditional fueling infrastructure until a vast majority of vehicles are not Internal Combustion Engine (ICE) vehicles. This scenario remains decades away as EVs only account for 2.799% of California’s total light-duty vehicle population as of December 2021 according to the California Energy Commission. 1 The state and federal
governments have recognized this reality and plan to expand alternative fueling networks by utilizing existing and potential new gas station sites, including hydrogen and CNG. Banning access to low carbon liquid fuels like renewable diesel, biodiesel, ethanol, and cleaner burning formulations of gasoline under development hamper California’s efforts to combat climate change in the near future.

Fairness and Equity
Some might claim that consumers could charge their EVs at home rather than allowing chargers at gas stations; however, this does not constitute a legitimate path to closing the EV charging gap. More than half of Californians live in multifamily dwellings, which have not been required to be built with EV chargers until recently and will need to be served by EV charging at other sources such as gas stations. As noted above, traditional fueling infrastructure pays for investments in EV infrastructure. Due to nearly nonexistent return-on-investment at this time, stations cannot install EV infrastructure without traditional fuel.

Additionally, the prohibition on new gas stations would hurt Yountville’s future infrastructure needs as mandated by the state through SB 8 and SB 9. These bills, passed to combat California’s housing crisis, would require Yountville to build 1 https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/light-duty-vehicle more housing or face millions of dollars in fines. The estimated housing unit growth mandated by these bills will increase the need for traditional fueling sites beyond 2035 and more points of access for alternative fueling infrastructure.

Conclusion
CFCA urges the Yountville Town Council to cooperate with state and federal programs to allow gas stations within the jurisdiction. Closing the EV charger gap and transitioning to a low or no carbon future is an “all hands-on deck” task that will require both public and private sector participation. Yountville and other local governments should not be making decisions that impede state and federal initiatives to grow EV charging and alternative fuel networks at gas stations.

Please contact Alessandra Magnasco, CFCA’s Governmental Affairs and Regulatory Director, by email or phone with any questions or comments, at [email protected] and (916) 646-5999.

Sincerely,
Alessandra Magnasco
Governmental Affairs and Regulatory Director
California Fuels and Convenience Alliance
Dear Yountville Town Council Members,
My name is Liliana Karesh; I am a Junior at Napa High School, along with Allison Benscik, the co-president of Napa Schools for Climate Action. One of our main focuses is obtaining net-zero emissions by or before 2030 to prevent climate catastrophes from engulfing our planet.

I am speaking today to support the new prohibition on constructing new gas stations.

We must cut emissions urgently, especially as Yountville declared a climate emergency with a commitment to net-zero emissions by or before 2030. This is an essential step to prevent the popularity of gas vehicles from rising and creating even more dangerous pollutants in our atmosphere.

Earth’s global temperature has already increased by 1.2 degrees Celsius, and if we continue warming the atmosphere, a blanket of heat that wraps around the Earth will warm up the planet enough to destroy our ecosystems, resources, and the lives of many.

Napa Schools for Climate Action urges you to implement the new prohibition in order to protect all walks of life and ensure a livable and safe future for younger generations.

More than anything, we call on American Canyon to be serious climate leaders, no backsliding, and uncompromising in protecting us from further damage and loss.

Thank you for your time and consideration
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10B
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Kendra Bruno, Code Compliance Officer
PREPARED BY: Kendra Bruno, Code Compliance Officer

RECOMMENDATION
Introduce and Waive First Reading of Ordinance 23-522 Amending Section 8.05.100 of Chapter 8.05 of the Yountville Regarding Moratoriums on New, Renewed, or Revised Permits, Licenses, Entitlement, or Other Approvals Pending Resolution of Code Enforcement Matters, and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant To CEQA Regulations 15061(B)(3).

DISCUSSION/BACKGROUND
The Town of Yountville staff has received recommendations from Yountville residents and the Town Council (7/18/2023) to increase enforcement options to ensure the public’s health, safety, and general welfare.

In review of neighboring jurisdictions, Town of Yountville staff found that the City of Napa has a similar moratorium in which no permit, approval or clearance is granted when a building or structure is in violation of the Zoning Section Title 17. The County of Napa in 2018 passed a resolution regarding use permits and if an applicant applies for a use permit and it is discovered that they are out of compliance, no use permit will be granted for a year until approval of their permits.

Enhancing Administrative Enforcement
The Town of Yountville recognizes the importance of effective administrative enforcement to ensure compliance with municipal codes, protect public health, safety, and welfare, and maintain the quality of life within the community. Administrative enforcement involves the issuance of notices of violation, abatement orders, and administrative citations to address violations of the municipal code promptly.

To further strengthen administrative enforcement procedures, the proposed amendments aim to enhance the authority of the Town Council, Zoning and Design Review Board, other relevant boards and commissions, and Town staff.

Proposed Amendments
The specific amendments to Section 8.05.100 of Chapter 8.05 of Title 8 of the Yountville Municipal Code are as follows:

A. The Town Council, Zoning and Design Review Board, any other board or commission of the Town, and Town staff may consider the fact that a responsible party has been issued a notice of violation, abatement order, and/or administrative citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation. Such notice of violation, abatement order, and/or administrative citation may be considered as evidence that the responsible party has committed acts that threaten the health, safety, and welfare of the general public.

B. The Town Council, Zoning and Design Review Board, and any other board or commission of the Town, and Town staff may impose a moratorium on issuing new, renewed, or revised permits, licenses, entitlements, or other approvals to a responsible party pending satisfactory resolution of a notice of violation, abatement order, and/or payment of an administrative citation.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3) The Town Council has considered all of the evidence in the record, including the staff report, and hereby determines that these amendments are exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. CEQA applies only to projects that have the potential for causing a significant effect on the environment. These amendments are administrative in nature and will not result in a significant foreseeable environmental impact.

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

CERTIFICATION AND EFFECTIVE DATE
The Town Clerk shall certify to the passage and adoption of these amendments and shall give notice of their adoption as required by law.

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, and trails, and quality programs and events.

Briefly Explain Relationship to Strategic Plan Goal and Objective. This amendment allows for a strengthening of administrative enforcement procedures that promote and protect the public health, safety, and general welfare.

Town of Yountville
Ordinance Number 23-522

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING SECTION 8.05.100 OF CHAPTER 8.05 OF TITLE 8 OF THE YOUNTVILLE

MUNICIPAL CODE REGARDING MORATORIUMS ON NEW, RENEWED, OR REVISED

PERMITS, LICENSES, ENTITLEMENTS, OR OTHER APPROVALS PENDING RESOLUTION

OF CODE ENFORCEMENT MATTERS AND FINDING THE AMENDMENTS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA REGULATIONS 15061(B)(3).

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

SECTION 1. CODE AMENDMENT: Section 8.05.100 of Chapter 8.05 of Title 8 of the Yountville Municipal Code is hereby amended to read as follows:

8.05.100 Consideration in other proceedings and applications.

A. The Town Council, Zoning and Design Review Board, any other board or commission of the Town, and Town staff may consider the fact that a responsible party has been issued a notice of violation, abatement order, and/or administrative citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation, and may consider such notice of violation, abatement order, and/or administrative citation to be evidence that the responsible party has committed acts that threaten the health, safety, and welfare of the general public.

B. The Town Council, Zoning and Design Review Board, and any other board or commission of the Town, and Town staff may impose a moratorium on issuing new, renewed, or revised permits, licenses, entitlements, or other approvals to a responsible party pending satisfactory resolution of a notice of violation, abatement order, and/or payment of an administrative citation.

SECTION 2. CEQA: The Town Council has considered all of the evidence in the record, including the staff report, the testimony received during the meeting on the matter held by the Town Council, and hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION 3. Severability: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

Ordinance Number 23-522
SECTION 4. Certification and Effective Date: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law.

INTRODUCED by the Town Council at a regular meeting held on the 19th day of September 2023.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
_
Gary B. Bell, Town Attorney
Ordinance Number 23-522
I, Eddy Gomez, TOWN CLERK of the Town of Yountville, California, do hereby certify that the foregoing was regularly introduced and placed upon its first reading at a regular meeting of the Town Council on the 19th day of September, 2023. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the __ day of ___________ 2023.by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Gary Bell, Town Attorney
PREPARED BY: Mackenzie Anderson, Assistant Town Attorney

RECOMMENDATION
Introduce and Waive First Reading of Ordinance Number 23-520 Amending Section 2.04.040 of Chapter 2.04 of Title 2 of the Yountville Municipal Code Regarding Appointment and Term of the Vice Mayor.

DISCUSSION/BACKGROUND
On August 1, 2023, the Town adopted a new Town Council Handbook which included a policy stating the Vice Mayor shall serve a 1 year term. Town Staff now finds it necessary to update Yountville Municipal Code section

2.04.040 which provides that the Vice Mayor shall serve a two-year term.

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. Exceptional Town Services and Staff: The Town supports its talented staff who deliver high quality municipal programs and services while maintaining public infrastructure for the benefit of the community.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Updating the Town’s Municipal Code to be consistent with the Town Council Handbook improves the quality of the Town’s governing documents and provides the public with accurate information regarding Town Council policies and practices.

Town of Yountville
Ordinance Number 23-520

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING SECTION 2.04.040 OF CHAPTER 2.04 OF TITLE 2 OF THE YOUNTVILLE MUNICIPAL

CODE REGARDING APPOINTMENT AND TERM OF THE VICE-MAYOR
Recitals
A. The Town of Yountville desires to update its Municipal Code to change the maximum term of Vice-Mayor from a two-year term to a one-year term.

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

SECTION 1. CODE AMENDMENT: Section 2.04.040 of Chapter 2.04 of Title 2 of the Yountville Municipal Code is hereby repealed and replaced to read as follows:

2.04.040 Vice-Mayor—Appointment—Term.

The office of Vice-Mayor shall be an appointed office. The Vice-Mayor shall be selected from amongst the members of the Council and shall be appointed by a majority vote of the Council as soon as is practical following a regular Town election or the creation of a vacancy in the office of Vice-Mayor for any reason. The Vice-Mayor shall serve a one-year term. In the case of an appointment to fill a vacancy in office, the term shall be for the remainder of the unexpired term of the former incumbent.

SECTION 2. CEQA: The Town Council has considered all of the evidence in the record, including the staff reports, the testimony received during the meeting on the matter held by the Town Council, and hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

SECTION 5. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the 19th day of September 2023.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
__________________
Margie Mohler, Mayor
Eddy Gomez, Town Clerk
Gary Bell, Town Attorney
I, EDDY GOMEZ, TOWN CLERK of the Town of Yountville, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the Town Council on the XX day of MONTH YEAR. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the XX day of MONTH YEAR by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Eddy Gomez, Town Clerk
From: Holly Hansen
Sent: Sunday, September 17, 2023 2:53 PM
To: Margie Mohler; Pamela Reeves; Hillery Trippe; Eric Knight; Robin McKee-Cant Subject: [EXTERNAL] Changes to Protocols
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation. ***
Hello dear public servants! I just read the article in the Sun about the changes in Council protocols. The changes to meeting procedures. All of these are great changes to make meetings more resident-friendly. The change in the process for selecting the Vice Mayor is also appreciated and has a greater sense of fairness. Why not value seniority on the council in this manner. Thank you all so much for these positive changes.

Holly Hansen
3 Heritage Ct.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11B
Yountville Town Council Staff Report
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Brad Raulston, Town Manager
PREPARED BY: Brad Raulston, Town Manager
RECOMMENDATION:

1. Consider adoption of Resolution Number 23-4231 Approving reclassification of the Deputy Town Clerk - Records Coordinator position to Communications Manager including new job description and assignment to appropriate salary range; approving reclassification of the Finance Director/Treasurer position to Administrative Services Director including new job description, new employment agreement, and ratifying appointment of Celia King to the position; approving budget adjustments to accommodate increase to personnel costs; and approving revision to Code Compliance Officer job description updating supervisor from Town Manager to Planning Director.

2. Introduce and Waive First Reading of Ordinance Number 23-523 Reclassifying the Finance Director/Treasurer position to Administrative Services Director and Updating the Town’s municipal code to reflect the reclassification.

DISCUSSION/BACKGROUND
In accordance with the Town’s Municipal Code, the Town Manager is responsible for the administration of the Town’s personnel system, including the maintenance of the Town’s employee Classification Plan. The Classification Plan is a listing of approved positions, a salary schedule of the ranges and steps for each position, and Job Descriptions that detail the requirements of each position. All three elements are administrated by the Town Manager and approved by the Town Council. Part of the duties of the Town Manager is to recommend changes to the personnel system for Council consideration.

Over the last two months the Town Manager has focused on completing a comprehensive analysis and evaluation of the Town’s current organizational structure and identifying potential areas of improvement in the current staffing model. This staff report outlines the Town Manager’s findings.

Deputy Town Clerk – Records Coordinator Reclassification After a complete review of the current Deputy Town Clerk – Records Coordinator position with a focus on the implementation of Town Council goals and future needs of day-to-day Town operations, staff recommends that this position be expanded into the Communications Manager classification with a stronger concentration on Town communications and outreach. Per the Town’s Personnel Rules, reclassification is appropriate when the assigned duties of a position have been materially changed. A new job description reflecting the proposed job duties and assignments performed by the Communication Manager has been drafted and copies of both the current and proposed job descriptions are included for the Town Council to review.

Additionally, this review of the current Deputy Town Clerk – Records Coordinator position in relation to reclassification to Communications Manager revealed that an increase in salary would be warranted to adequately compensate the incumbent for an increase in duties. Staff proposes a salary range for the Communications Manager that includes a 10% increase over the current Deputy Town Clerk – Records Coordinator position as shown below:

Current Deputy Town Clerk – Records Coordinator monthly salary range effective July 1, 2023

A B C D E
$9,307.73 $9,773.10 $10,261.75 $10,774.85 $11,313.71
Proposed Communications Manager Coordinator monthly salary range

A B C D E
$10,238.50 $10,750.41 $11,287.93 $11,852.35 $12,445.08
Like the Deputy Town Clerk – Records Coordinator position, the Communications Manager position is to be represented by the Yountville Mid-Management & Professional Unit (MMP) and be subject to the conditions of employment as set forth in the Memorandum of Understanding with the Town.

The incumbent in this position is presently assigned to Step B of the current Deputy Town Clerk – Records Coordinator salary range and would be assigned to Step B of the proposed new range for the Communications Manager position. The additional cost for this change is $14,000 per year.

Finance Director Reclassification
After a complete review of the current Finance Director/Treasurer position with a focus on the implementation of Town Council goals and future needs of day-to-day Town operations, staff recommends that this position be expanded into the Administrative Services Director classification. The reclassified Administrative Services Director classification will fulfill all the duties of the Finance Director/Treasurer as described in the Town of Yountville Municipal Code and will additionally manage the Administrative Services Department, which is composed of the Finance, Human Resources, and Risk Management divisions. Per the Town’s Personnel Rules, reclassification is appropriate when the assigned duties of a position have been materially changed. A new job description reflecting the proposed job duties and assignments performed by the Administrative Services Director has been drafted and copies of both the current and proposed job descriptions are included for the Town Council to review.

The reclassification of the Finance Director/Treasurer position necessitates an amendment to the Town’s Municipal Code because that position title is referenced throughout the Code. Ordinance Number 23-523 adds section 2.28.050 to the Town’s Municipal Code, which would clarify that all references in the code to “Finance Director/Treasurer,” “Finance Director,” and/or “Treasurer,” also mean “Administrative Services Director.” Section 2.28.050 would also clarify that the Administrative Services Director exercises all powers and duties of the Finance Director/Treasurer.

Like the Finance Director position, the Administrative Services Director position is an At-Will position and is subject to the conditions of employment as set forth in the employment agreement. The new employment agreement for this position is included with this staff report.

Along with this reclassification, staff recommends an increase in salary to adequately compensate the incumbent for an increase in duties of 5% over the current Finance Director salary as shown below:

Current Finance Director monthly Salary - Entry Control Point Top $12,424.46 $13,804.77 $17,462.77
Proposed Administrative Services Director monthly Salary - Entry Control Point Top $13,045.68 $14,495.01 $18,335.91
The incumbent in this position is presently assigned to the Top of the Finance Director salary range and would be assigned to the Top of the proposed new range for the Administrative Services Director position. The additional cost for this change is $13,500 per year.

Budget Adjustment
Staff recommends that the Town Councill approve utilization of the General Fund Assigned for Budget Contingencies fund balance allocation to complete a budget adjustment to cover the additional cost of the two reclassifications. The total budget adjustment needed is $27,500. The Assigned for Budget Contingencies has not yet been utilized this fiscal year and has an available balance of $573,667. Utilizing $27,500 for this recommended budget adjustment for the remainder of this fiscal year would leave an available balance of $546,167.

Code Compliance Officer Job Description Revision
The Code Compliance Officer position was originally created in July 2022 and the job description stipulated that the incumbent would work under the direction of the Town Manager’s office. Upon further review, staff has determined that the job duties fall mostly within the scope of the Town’s Planning and Building Department, and it is therefore more appropriate for this position to be supervised by the Planning Director.

Staff recommends that the Town Council approve a revision of the Code Compliance Officer job description which reflects that this position will work under the direction of the Planning Director rather than the Town Manager. Copies of both the current and proposed job descriptions are included for Town Council review.

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? Discretionary
Is there a Staff Resource Impact? Nominal

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. The proposed modifications to the Deputy Town Clerk – Records Coordinator, Finance Director, and Code Compliance Officer positions would optimize those positions and thus promote more streamlined and practical duties for the positions. 1 Town of Yountville
Resolution Number 23-4231

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE APPROVING RECLASSIFICATION OF THE DEPUTY TOWN CLERK – RECORDS

COORDINATOR POSITION TO COMMUNICATIONS MANAGER INCLUDING NEW JOB DESCRIPTION AND ASSIGNMENT TO APPROPRIATE SALARY RANGE; APPROVING

RECLASSIFICATION OF THE FINANCE DIRECTOR/TREASURER TO ADMINISTRATIVE

SERVICES DIRECTOR INCLUDING NEW JOB DESCRIPTION, NEW EMPLOYMENT AGREEMENT, AND RATIFYING APPOINTMENT OF CELIA KING TO THE POSITION;

APPROVING BUDGET ADJUSTMENTS TO ACCOMMODATE INCREASE TO PERSONNEL COSTS; AND APPROVING REVISION TO CODE COMPLIANCE OFFICER JOB

DESCRIPTION UPDATING SUPERVISOR FROM TOWN MANAGER TO PLANNING DIRECTOR.

Recitals
A. The Town Manager oversees the Classification Plan for all Town employees and shall make recommendations to the Town Council from time to time when changes are deemed necessary.

B. The Town Manager has reviewed the current Deputy Town Clerk – Records Coordinator position and determined that reclassification to Communications Manager is appropriate.

C. The Town Manager has reviewed the current Finance Director position and determined that reclassification to Administrative Services Director is appropriate.

D. The Town Manager recommends that the Communications Manager salary range be established at 10% above the current Deputy Town Clerk – Records Coordinator salary range; that the Administrative Services Director salary range be established at 5% above the current Finance Director salary range; and that Town Council approve utilization of the General Fund Assigned for Budget Contingencies fund balance allocation in the amount of $27,500 to cover the additional personnel costs for the remainder of this fiscal year.

E. The Town Manager wishes to appoint and approve an employment agreement with the Town’s current Finance Director, Celia King, as the Administrative Services Director effective September 19, 2023.

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

1. The position of Deputy Town Clerk – Records Coordinator is hereby reclassified to Communications Manager.

2. The Communications Manager job description and classification, a copy of which is attached as Exhibit “A” and hereby made a part of this resolution, is approved.

3. The following monthly salary range is established for the Communications Manager position and incorporated into the Monthly Salary Schedule:

Step A Step B Step C Step D Step E
Effective September 19, 2023 $10,238.50 $10,750.41 $11,287.93 $11,852.35 $12,445.08 2 4. The Communications Manager position shall be represented by the Yountville Mid-Management & Professional Unit (MMP) and shall be subject to the conditions of employment as set forth in the Memorandum of Understanding with the Town.

5. The position of Finance Director/Treasurer is hereby reclassified to Administrative Services Director.

6. Celia King is hereby appointed as Administrative Services Director effective September 19, 2023 and the Town Council approves the employment agreement attached hereto as Exhibit “B”.

7. The following monthly salary range is established for the Administrative Services Director position and incorporated into the Monthly Salary Schedule:

Effective September 19, 2023 Entry Control Point Top
$13,045.68 $14,495.01 $18,335.91

8. Utilization of the General Fund Assigned for Budget Contingencies fund balance allocation in the amount of $27,500 is approved to cover additional personnel costs related to approved reclassifications.

9. The job description of the Code Compliance Officer position, attached hereto as Exhibit “C” and updating the position’s supervisor from the Town Manager to the Planning Director is hereby approved.

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 19th day of September, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
3 Exhibit “A”

TOWN OF YOUNTVILLE

JOB DESCRIPTION
Communications Manager

GENERAL PURPOSE
Under direction of the Town Manager, plans, organizes, and manages internal/external communications, public information, social media and media relations for the Town while maintaining compliance with applicable state and federal laws and regulations; coordinates and administers the Town’s emergency and non-emergency communication services; plans, implements and oversees special programs, projects, and initiatives; coordinates assigned activities with other divisions, departments and outside agencies; performs a wide variety of moderate to highly complex professional, technical, analytical and administrative support activities.

DISTINGUISHING CHARACTERISTICS
The Communications Manager is an expert level classification in a professional job which requires considerable skill and experience in the related field. Incumbents in this class are expected to work independently in administering assigned programs, projects, and initiatives. The incumbent performs the full array of duties within the area of assignment including engaging in complex technical and/or analytical projects, providing staff support to department administration and Town officials, demonstrating a high degree of independence in interacting with all levels of Town employees, manager, elected officials, community groups, other governmental agencies, and the public. Employees at this level are expected to be fully aware of the operating procedures and policies within the work unit.

SUPERVISION RECEIVED AND EXERCISED
General direction is provided by the Town Manager. May provide indirect supervision to clerical staff, contractors, vendors, temporary staff and/or contract personnel, as assigned.

DUTIES AND RESPONSIBILITIES
Duties include, but are not limited to, the following:
• Maintain a physical presence in the office in order to supervise staff, perform administrative duties and meet with vendors and the public.
• Support the Town Clerk in administration of the Records and Information Management Program (RIM) and all aspects associated with the Town’s Electronic Document Management System (EDMS) to ensure a high level of quality control for Town records.
• Provide backup and support to the Town Clerk/Records Manager and perform duties including but not limited to preparation and distribution of Town Council Agendas and Packets, attending Town Council meetings and preparing minutes, preparing proclamations, processing ordinances, resolutions, and staff reports; posting public hearing notices, and assisting in departmental budget preparation.
• Develop and manage strategic communication plans in coordination with Town Manager and Town Council to promote the initiatives and priorities of the Town to reflect a culture of transparency and foster community engagement. • Review and update department webpages; coordinate codification of the Town’s Municipal Code; research and respond to Public Records Act Requests.
4 • Manage Public Information Officer (PIO) functions including media releases, social media postings, and other community outreach.
• Plans, coordinates, promotes, and participates in public events hosted by the Town such as briefings, workshops and information sessions.
• Perform professional and administrative work for special projects in support of the Town Manager when directed. • Perform research and/or data gathering activities; analyze and interpret data collected and prepare periodic or special reports based on conclusions in assigned areas of responsibility; make recommendations on the formulation of operating policies and procedures, develop and implement new program initiatives and workflow systems. • Administer on-going activities within a designated program area, including initiation, development and implementation of projects, coordinate project planning and/or program development activities; manage outside consultant contracts; oversee projects through to successful completion.
• Prepare talking points, key messages, media alerts, public announcements, and other informational materials related to public information.
• Respond to resident complaints and requests for specialized information as required. • Respond to media inquiries and emergency situations in coordination with the Town Manager, other Town staff and departments, and County Emergency Operations.
• Act as project coordinator or liaison as assigned duties may require; represent assigned work unit in interdepartmental, community and professional meetings as assigned.
• Develop written recommendations; make oral presentations to Town Council, Boards and Commissions, higher level management, public, and outside agencies.
• Keep informed of current trends, technology, and applicable federal and state law, and apply knowledge to areas of responsibility.
• Communicate and coordinate directly with the Town Council on behalf of the Town Manager as needed. Communicate and coordinate with Town Attorney on a regular basis.
• Develop and administer the Town’s brand and style guide and implement updates as needed.

MINIMUM QUALIFICATIONS
Knowledge of: Applicable Federal, State and local laws and ordinances related to assigned program area; research and report writing techniques; basic principles and practices of municipal operations and its administration and organization; effective methods for successfully planning, coordinating and implementing special projects, program and initiatives; principles, techniques, and objectives of public information and communication as applied to local government; principles and techniques of mass and targeted communication, public speaking, marketing, and journalism; principles and techniques to plan, develop, coordinate and implement comprehensive local government public relations, public information/communications, social media and media relations programs; practices of governmental financial administration including budgeting and reporting; and modern office methods, procedures and practices.

Ability to: Strategize, develop, implement and manage a comprehensive media, social media, and public information/communications program; effectively prepare communications in disaster and emergency situations; compose, coordinate and edit a variety of educational, informational, and promotional materials; prepare effective and complete staff reports and make presentations to large and diverse audiences; exercise sound judgement and discretion; manage a variety of complex special projects, programs and initiatives as assigned; conduct research; perform statistical, content, and/or cost-benefit analysis and evaluate options based on findings; work with outside consultants to ensure timely submittal of project requirements; coordinate program initiatives across departmental lines; communicate effectively both orally and in 5 writing; understand and follow oral and written instructions; manage and prioritize multiple tasks and shifting priorities; and establish and maintain effective work relationships with those contacted in the course of work.

Experience: Four years of progressively responsible public sector administrative support experience, at least two of which were at the professional level performing administrative, analytical and/or program management duties, preferably in a municipal government setting.

Education: Equivalent to a bachelor’s degree from an accredited college or university in political science, business or public administration, public policy, or other field applicable to the responsibilities and requirements of the position. Possession of a master’s degree in public or business administration is desirable. Alternatively to the minimum education qualification, the Communications Manager may demonstrate five to ten years of equivalent experience in addition to the above minimum experience qualification.

TOOLS AND EQUIPMENT USED
Personal computer, including word processing, spreadsheet, web-site maintenance, PowerPoint presentation software, database, and project scheduling; motor vehicle; phone; cell phone.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met any an employee to successfully perform the essential functions of this job in compliance with the American with Disabilities Act (ADA) requirements. On a case-by-case basis, reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed mostly in an office setting. Hand-eye coordination is necessary to operate computers and various pieces of office equipment.

While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle, feel, or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell.

The employee must occasionally lift and/or move up to 35 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

LICENSES AND CERTIFICATIONS
Possession of, or ability to obtain and maintain, a valid California Class C Driver License and a satisfactory driving record is required. Individuals who do not meet this requirement due to a disability will be reviewed on a case-by-case basis.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position.

The noise level in the work environment is usually quiet to moderate but can be noisy due to existing office configuration.

Because the working environment is in a public administrative setting, the incumbent works with frequent deadlines, constant interruptions and, at times, impatient and irate customers.

FLSA
This position is FLSA exempt.
6 SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position.

This position description does not constitute an employment agreement between the Town of Yountville and any employee and is subject to change by the Town as the needs of the Town and requirements of the position change, in accordance with applicable MOU provisions.

Approval:

Town Manager
Effective Date: ________________

Revision History:

Version: _______________________ Effective Date:
7 Exhibit “B”

EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF YOUNTVILLE AND CELIA KING

ADMINISTRATIVE SERVICES DIRECTOR

RECITAL
The Town Manager has selected Celia King (hereafter, “Director”) to serve as Administrative Services Director of the Town of Yountville (hereafter, the “Town”) effective September 19, 2023 and Celia King accepts such employment subject to approval of this employment agreement (hereafter, this “Agreement”). Accordingly, the parties agree as follows:

AGREEMENT

1. Effective Date
This Agreement shall become effective on September 19, 2023, and after it has been executed by Director and the Town Manager.

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

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

B. Director shall maintain a regular work schedule consistent with that approved for other management employees of the Town. Director’s duties may require more than eight (8) hours per day and/or forty (40) hours per week, and may also include time outside normal office hours such as attendance at Town Council and board and commission meetings. Director is an exempt employee 8 under the Fair Labor Standards Act and shall not be entitled to additional compensation for such time.

4. Compensation
A. Director shall receive an annual base salary of $220,031 payable in equal semi-monthly payments to be made at the same time as other employees are paid.

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

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

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

E. Director will be responsible for 100% of the employee contribution to the California Public Employees Retirement System (“PERS”), which, for those employees classified as “miscellaneous” employees under PERS, is currently 8% for “classic” PERS members and subject to change.

5. Health Insurance
A. Town shall contribute an amount equal to 100% of the cost of the Kaiser Health plan provided to Director through the PERS Health program. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent, and employee and two (2) plus dependents. Any balance owed by the employee for a plan selected which costs more than the contribution provided for by the Town shall be deducted by use of payroll deduction upon effective date of health benefits. The Town will pay full cost of dental plan available through the Town for Director and dependents.

B. Director may elect not to receive health coverage from the Town. If Director elects not to receive health coverage from the Town, she will be required to sign a release form and will thereafter receive monthly payments equal to five hundred dollars ($500) per month of health coverage reimbursement. From time-to-time, said amount will be adjusted as set forth in this Agreement. 9 6. Life Insurance
Town shall provide term life insurance in the amount of Director’s base salary not to exceed $150,000.

Such life insurance shall be provided through the same insurance company providing life insurance to other Town employees, or by another insurer acceptable to Town.

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

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

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

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

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

11. Residency
Director and Town mutually agree that it is desirable for Director to live within close proximity to the Town of Yountville Town Hall to fully and effectively execute Director’s duties under this Agreement, the Yountville Municipal Code, any applicable job description, and other applicable federal, state, and local law. Director hereby agrees to and shall, for the duration of this Agreement, establish and maintain her primary residence within a 30-minute travel time to and from Yountville Town Hall located at 6550 Yount Street, Yountville, CA 94559.

12. Professional Memberships & Meetings; Other Expenses Town recognizes that certain expenses of a non-personal and job-related nature may be incurred by Director. Town agrees to reimburse Director for reasonable expenses which are authorized by the Town budget, approved of in advance by the Town Manager, and which are supported by expense 10 receipts, statements, or personal affidavits, and audited in like manner as other demands against the Town.

13. Retirement Program and Deferred Compensation
Town shall provide the same PERS retirement benefits to Director as are received by other employees of the Town who are classified as “classic” employees under PERS. “Classic” PERS members (i.e., those members not defined as “new members” under PEPRA) will receive retirement benefits calculated at a benefit formula of 2.7% at age 55. Town shall match Director up to 7% of base salary per month into a deferred compensation plan.

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

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

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

B. The provisions of the Town’s Personnel Rules and Regulations (“Rules”) applicable to other management employees of the Town shall apply to Director, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail.

Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Director a property right in her employment or a right to be discharged only upon cause. Director is an at-will employee serving at the pleasure of the Town Manager and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement.

C. Director shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes.

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

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

C. If Director is terminated by the Town Manager for cause, Director is not entitled to any severance pay whether or not advance notice is provided. If Director is terminated for cause, Director must be given notice of the cause and supporting evidence. Director is entitled to meet with the Town Manager at which time Director may reply orally and/or in writing to the cause and supporting evidence. The meeting is not an evidentiary hearing. There is no right to appeal the Town Manager’s decision.

The Town Manager’s decision is final. For purposes of this Agreement, the term “for cause” shall include any of the following:
(i) use of alcohol or drugs that impedes performance of duties; (ii) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(iii) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted Town policy;
(iv) willful and repeated failure to carry out the lawful directives or policy decisions of the Town Council or the Town Manager; or
(v) willful abandonment of the position or continued and unexcused absence from duty.

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

E. Notwithstanding any other provision of this Section 17 to the contrary, the Town Manager shall not terminate Director without cause for a period of 120 days following his or her appointment as the Town Manager. The purpose of this Subsection 17.E. is to allow a newlyappointed Town Manager sufficient time to observe the actions and abilities of Director in the performance of her duties under this Agreement, any applicable job description, and other applicable 12 federal, state, and local law. After the expiration of the 120-day period, there shall be no limitation on the Town Manager’s ability to terminate Director without cause in accordance with this Agreement.

Nothing in this Subsection 17.E. shall limit the authority of the Town Manager to terminate Director for cause, or the authority of Director to voluntarily terminate employment, in accordance with this Agreement.

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

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

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

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

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

Gary B. Bell, Esq.

Yountville Town Attorney
420 Sierra College Drive, Ste. 140 Grass Valley, CA 95945-5091.

Any notice to Director shall be given in a like manner, and, if mailed, shall be addressed to Director at the address then shown in Town’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally, or (b) on the second calendar day after mailing, if mailed.

D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court for the County of Napa, California. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the action.
13 E. A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver and either party shall be free to enforce any term or condition of this Agreement with or without notice to the other notwithstanding any prior waiver of that term or condition.

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

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

DIRECTOR:
_______________________________
Celia King
Dated: ______________________
APPROVED AS TO FORM:
_______________________________
Gary B. Bell, Town Attorney
Dated: ______________________
TOWN:
_______________________________
Brad Raulston, Town Manager
Dated: ______________________
ATTEST:
_______________________________
Eddy Gomez, Town Clerk
Dated: ______________________
14 Exhibit “C”

TOWN OF YOUNTVILLE JOB DESCRIPTION

CODE COMPLIANCE OFFICER

DEFINITION
The Code Compliance Officer performs a variety of professional, technical, and administrative work in the development, coordination, and execution of a Code Compliance Program for the Town of Yountville including investigating, processing, and resolving violations of ordinance, rules, and regulations administered by the Town of Yountville such as zoning, nuisance, and municipal code violations. Responsibilities include responding and investigating complaints, educating residents on the relative codes and policies, proactive property inspection, encouraging good neighbor practices to achieve sustainable compliance through cooperation and support, and utilizing legal enforcement when necessary. Assists businesses and residents with enforcement of laws, regulations and code designated to abate nuisances, protect zoning, support public safety, preserve property maintenance, sanitation, and health on both private and public property.

DISTINGUISHING CHARACTERISTICS
▪ Enforces all applicable codes relating to health, safety, welfare, and community preservation; resolves complex and sensitive code violation issues, using tact and diplomacy to encourage voluntarycompliance. ▪ Receives complaints of code violations from the public, Town staff, and others. Performs on- site inspection of property and construction (private and public), investigates, and conducts research to determine compliance with codes and locate unlicensed activities. ▪ Coordinate Special Event, Amplified Sound and Film permit applications. ▪ Tracks case information and prepares inspection reports. ▪ Evaluates information pertaining to applicable codes and ordinances and recommends appropriate course of action.
▪ Contacts responsible parties and prepares compliance letters; issues notices and citations; initiates other corrective action as necessary; performs follow-up to ensure compliance and cost recovery asdirected. ▪ Maintains and updates computerized record of all inspection activity in a shared location; maintains case files and calendar system to track case activity; maintains time accounting records for purposes of cost recovery.
▪ Prepares periodic activity reports for the Town Manager’s office or specific Department and TownCouncil. ▪ Responds to inquiries from the public, Town staff, and others, interpreting and explaining Town codes, ordinances, policies, and procedures pertaining to code compliance. ▪ Prepares case information for legal proceedings with appropriate functional Director, Town Manager and Town Attorney; may act as Town representative and present evidence. ▪ Develops educational material and public awareness campaigns for the Code Compliance Program.

Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. ▪ Represents the Town of Yountville responding to the public and others in a prompt, professional and courteous manner while continuously maintaining a positive customer service demeanor. ▪ Establishes and maintains positive working relations with coworkers, other agency partners including the Napa County Sheriff’s Department and the public.
▪ Enforces municipal code regulations concerning the use of the public right-of-way including the parking of recreational vehicles on Town property and/or in the right-of-way. ▪ Support the Public Works department in a variety of functions. ▪ The duties and responsibilities listed should not be construed to be all-inclusive. The essential job duties will include other responsibilities as assigned and required.

QUALIFICATIONS
Mandatory Requirements:

High school diploma or equivalent; and at least two years of experience in code enforcement, community development, law enforcement, criminal justice administration, or related field; or any equivalent combination of education and experience which demonstrates the knowledge, skills, and abilities to perform the essential job duties. A two or four-year college degree may take the place of one year ofexperience.

Knowledge/Skills/Abilities
Knowledge
▪ Knowledge of Town government and the impact of enforcement actions. ▪ Knowledge of applicable laws, code, and zoning ordinances. ▪ Knowledge of general office procedures, including spelling, grammar, punctuation, and math. ▪ Knowledge of operation of standard office equipment, including data entry equipment; telephone etiquette; and word processing software.

Skills
▪ Organized and able to maintain good record keeping.
▪ Ability to write effective emails, letters, and memorandums. ▪ Skill in investigation and observation.
▪ Skill in communicating with others, conflict resolution, and dispute mediation. ▪ Skill in accurately checking data.
▪ Skill in establishing and maintaining effective working relationships with individuals from diverse backgrounds.
▪ Skill in interpreting the governing documents such as the Municipal Code. ▪ Able to prioritize job duties and balance multiple needs and inquiries in a busy work environment.

Abilities
▪ Ability to communicate effectively with the public, members of the outside agencies, and employees.
▪ Ability to follow through on multiple compliance cases in adeadline-intensive environment. Ability to work with public in resolving problems. ▪ Ability to safely operate motorized vehicles.
▪ Ability to remain calm and professional with potentially angry people.

Work independently; understand and execute complex oral and written instructions and apply guidelines to varied situations; meet and deal with the public in a pleasant, courteous manner and, at times, in intense situations; independently investigate and respond to problems, interpret and explain local codes and ordinances; prioritize and successfully complete multiple work assignments simultaneously; initiate, plan, organize and carry through projects; work quickly and accurately with numeric calculations.

Special Requirements/Licenses:

Possession of a valid California drivers. Must have a safe driving record.

SUPERVISION RECEIVED
Works under the direction of the Planning and Building Director who holds the employee accountable for achieving code enforcement goals and objectives in alignment with the Town’s Code Compliance Program.

SUPERVISORY RESPONSIBILITIES:

This position is not a supervisory position.

PHYSICAL DEMANDS:

While performing the duties of this position, the employee is frequently required to stand, sit, communicate, reach, and manipulate objects, tools or controls. The position requires mobility. The Code Compliance Officer must be able to push, pull, lift, and carry up to 40 pounds. Manual dexterity and coordination are required over 50% of the work period while operating computers, motorized vehicles, and other standard office equipment.

TOOLS AND EQUIPMENT USED:

Computer, including word processing, outlook, data base, Internet, and spreadsheet programs; calculator, online software programs such as Springbrook, Primegov, and OpenGov; telephone, copy machine, and postage machine. The position requires the use of Town Vehicles.

WORK ENVIRONMENT:

The work period occurs mainly in outdoor environments with exposure to all weather conditions. The noise level in the work environment is typical of most office environments. Driving a vehicle to work locations in the local area, responsible for the safety of others with traffic control responsibilities and experiencing vibration from driving a motor vehicle are part of this position. Reasonable accommodation will be made to meet the known limitations of qualified disabled individuals in performing the essential job functions of this position.

This description covers the most significant essential and auxiliary duties performed but does not include other occasional work which may be similar, related to, or logical assignment to the position.

The job description does not constitute an employment agreement between the employer and the employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Town of Yountville
Ordinance Number 23-523

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE UPDATING THE TOWN’S MUNICIPAL CODE TO REFLECT THE

RECLASSIFICATION OF THE FINANCE DIRECTOR/TREASURER POSITION TO

ADMINISTRATIVE SERVICES DIRECTOR
WHEREAS, Yountville Municipal Code section 2.28.010 establishes the office of Finance Director/Treasurer and Yountville Municipal Code section 2.28.020 establishes the powers and duties of the office of Finance Director/Treasurer; and WHEREAS, pursuant to Yountville Municipal Code Section 2.08.030, the Town Manager may recommend to the Town Council reorganization of officers, departments or divisions as may be indicated in the interests of the efficient, effective and economical conduct of the Town’s business; and pursuant to Yountville Personnel Rules and Policies Section 6.G.1., the Town Manager oversees the Classification Plan for all Town employees and shall make recommendations to the Town Council from time to time when changes are deemed necessary; and
WHEREAS, the Town Manager has reviewed the current Finance Director/Treasurer position and determined that reclassification to Administrative Services Director is appropriate; and
WHEREAS, the Town Council has approved the reclassification of the Finance Director/Treasurer position to Administrative Services Director through Resolution No. 23-4231 and
WHEREAS, the Town Council now wishes to amend the Yountville Municipal Code to implement this change.

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

SECTION 1. CODE AMENDMENT: Yountville Municipal Code section 2.28.050 is hereby added to read as follows:

2.28.050 Administrative Services Director
All references in this code to “Finance Director/Treasurer,” “Finance Director,” and/or “Treasurer,” shall also mean “Administrative Services Director.” The Administrative Services Director shall exercise all powers and duties of these positions enumerated in this code and/or in policies, resolutions, or procedures adopted by the Town Council.

SECTION 2. CEQA: The Town Council has considered all of the evidence in the record, including the staff reports, the testimony received during the meeting on the matter held by the Town Council, and hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE: This Ordinance shall take effect 30 days after final adoption.

SECTION 5. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law.

Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the 19th day of September 2023.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk
APPROVED AS TO FORM:

Gary B. Bell, Town Attorney
I, Eddy Gomez, TOWN CLERK of the Town of Yountville, California, do hereby certify that the foregoing was regularly introduced and placed upon its first reading at a regular meeting of the Town Council on the 19th day of September, 2023. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the ___ day of __________ 2023.
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Eddy Gomez, Town Clerk

TOWN OF YOUNTVILLE

JOB DESCRIPTION
Management Analyst I/II – Deputy Town Clerk/Records Coordinator

GENERAL PURPOSE
Under direction of the Town Clerk/Records Manager or Town Manager, learn and perform a wide variety of moderate to highly complex professional, analytical and administrative support activities within an assigned department including but not limited to developing and/or administering departmental programs and budgets, conducting organizational and/or operational analysis, and managing a complex program or project.

DISTINGUISING CHARACTERISTICS
The Management Analyst I is the entry-level classification in the Management Analyst series. Incumbents in this class perform the more routine administrative analysis and research on new and current program activities while learning Town policies and procedures and gaining specialized knowledge related to area of assignment.

The Management Analyst II is the journey-level class in the Management Analyst series. Incumbents in this class are expected to work independently in administering departmental programs and identifying the need for and developing changes to operating practices, systems, programs and policies. Incumbents may be assigned to specific department(s) such as Town Clerk/Records Management, Planning/Building, Human Resources, Public Works/Engineering, Parks and Recreation, or Information Technology. The incumbent performs the full array of duties within the area of assignment, including engaging in complex analytical projects, providing staff support to department administration and town officials, demonstrating a high degree of independence in interacting with all levels of town employees, managers, elected officials, community groups, other governmental agencies, and the public. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and they are expected to be fully aware of the operating procedures and policies within the work unit. Incumbents may supervise assigned staff and/or provide functional lead supervision on specialized projects, as assigned.

Management Analyst I and II is flexibly staffed, as authorized vacancies exist and depending upon Department need. Management Analyst I incumbents may advance to the higher level upon attainment of the required training, education and/or experience, including demonstrated proficiency in the areas of assignment.

DUTIES AND RESPONSIBILITIES
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

Depending on departmental assignment, duties may include but are not limited to, the following:

1. Administer the Records and Information Management Program (RIM) and all aspects associated with the Town’s Electronic Document Management System (EDMS) to ensure high level of quality control for Town records.

TOWN OF YOUNTVILLE
JOB DESCRIPTION Page 2 of 4
Management Analyst I/II – Deputy Town Clerk/Records Coordinator

2. Perform functions in support of the Town Clerk/Records Manager including but not limited to preparation and distribution of Town Council Agendas and Packets, attend Town Council meetings and prepare minutes; prepare proclamations, process ordinances, resolutions and staff reports; and post public hearing notices.

3. Work with Town departments and records management software to develop and maintain forms, and workflows.

4. Review and update department webpages; coordinate codification of the Town’s Municipal Code; research and respond to Public Records Act requests;

5. Perform tasks mandated by the State of California (i.e. Filings required by the Fair Political Practices Commission) and the Town’s Municipal Code.

6. Assist with Public Information Officer (PIO) functions including media releases, social media postings, and website maintenance.

7. Perform professional and administrative work for special projects in support of the Town Manager when directed.

8. Perform research and/or data gathering activities; analyze and interpret data collected and prepare periodic or special reports based on conclusions in assigned areas of responsibility; make recommendations on the formulation of operating policies and procedures, development and implementation of new program initiatives, workflow systems, staffing and/or organizational changes.

9. Administer on-going activities within a designated program area, including initiation, development and implementation of projects; coordinate project planning and/or program development activities; manage outside consultant contracts; and oversee projects through to successful completion.

10. Conduct surveys and perform research and statistical analyses on administrative, fiscal/budgetary, personnel and operational, and/or assist in departmental budget preparation.

11. Oversee the day-to-day administrative functions of the assigned department including budget monitoring, purchasing, supervision of clerical staff and related activities.

12. Respond to citizen requests and complaints for specialized information, as required.

13. Act as project coordinator or liaison as assigned duties may require; represent assigned work unit in interdepartmental, community and/or professional meetings as assigned.

14. Develop written recommendations; make oral presentations to Town Council, Boards and Commissions, higher level management, public and/or outside agencies.

15. Keep informed of current trends and technology in areas of responsibility and apply knowledge to functional area of responsibility.

16. Communicate and coordinate directly with Town Council on behalf of Town Manager as needed.

Communicate and coordinate with Town Attorney on a regular basis.

17. Assist in the full range of professional duties in the Town Clerk/Records Management field.

TOWN OF YOUNTVILLE
JOB DESCRIPTION Page 3 of 4
Management Analyst I/II – Deputy Town Clerk/Records Coordinator

MINIMUM QUALIFICATIONS
Knowledge of: Applicable Federal, State and local laws and ordinances related to assigned program area, research and report writing techniques; principles of math and statistical analyses; basic principles and practices of municipal operations and its administration and organization; sources and availability of information; methods of report presentation as it relates to assigned work unit; effective methods for planning, coordinating and implementing program initiatives; principles of governmental financial administration, including public budgeting and reporting; principles and practices of organizational analysis and human resource planning; and modern office methods, procedures and practices including computer applications related to the work. (Specific areas of required knowledge will vary based on assignment.) Ability to: Analyze a variety of moderate to complex administrative/operational problems and make effective operational and/or procedural recommendations; prepare effective and complete staff reports and make presentations to large and diverse audiences; exercise sound judgment and discretion; manage diverse and complex programs and/or projects as assigned; conduct research, perform statistical, content and/or cost-benefit analyses, and evaluate options based on findings; work with outside consultants to ensure timely submittal of project requirements; coordinate program initiatives across departmental lines; perform the full range of the assigned duties under minimal supervision; learn the Federal, State and local regulations and guidelines related to assigned duties; communicate effectively, both orally and in writing; understand and follow oral and written instructions; perform mathematical calculations accurately; manage and prioritize multiple tasks and shifting priorities; and establish and maintain effective work relationships with those contacted in the course of work.

Education and Experience: Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

Management Analyst I – Two to three years of progressively responsible public sector administrative support experience, at least two of which were at the professional level performing administrative, analytical and/or program management duties, preferably in a municipal government setting. Experience in a City Clerk’s Department is desirable but not required.

Management Analyst II – Two to three years of experience performing increasingly responsible professional administrative, analytical and/or program management duties directly related to the area of assignment, preferably in a municipal government setting. Experience in a City Clerk’s Department is required. California Certified Municipal Clerk or Master Municipal Clerk is desirable.

Education: At either level, a Bachelor’s degree or equivalent from an accredited college or university in political science, business or public administration, public policy, urban planning, liberal studies or other field applicable to the responsibilities and requirements of the position.

License or Certificate: Possession of a valid California Driver’s License and a satisfactory driving record; willingness to travel to various locations within and outside the Town limits; and willingness to work flexible hours in order to administer programs, conduct research and make presentations.

WORKING TITLES
The Town of Yountville’s classification structure provides Town employees with classification titles that are descriptive of the work performed. However, when a more specific title would serve the departments operational interests, a working title may be used to describe the function of the position in even greater detail or more easily recognized terms in both internal and external communications. An illustrative

TOWN OF YOUNTVILLE
JOB DESCRIPTION Page 4 of 4
Management Analyst I/II – Deputy Town Clerk/Records Coordinator example may include, Deputy Town Clerk/Records Manager, Planning Manager, Human Resource Manager, and Budget Manager. All working titles are approved at the discretion of the Town Manager.

TOOLS AND EQUIPMENT USED
Personal computer, including word processing, spreadsheet, web-site maintenance, PowerPoint presentation software, database, and project scheduling; motor vehicle; phone; cell phone.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met any an employee to successfully perform the essential functions of this job in compliance with the American with Disabilities Act (ADA) requirements. On a case-by-case basis, reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed mostly in an office setting. Hand-eye coordination is necessary to operate computers and various pieces of office equipment.

While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle, feel, or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell.

The employee must occasionally lift and/or move up to 35 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position.

The noise level in the work environment is usually quiet to moderate, but can be noisy due to existing office configuration. Because the working environment is in a public administrative setting, the incumbent works with frequent deadlines, constant interruptions and, at times, impatient and irate customers.

SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position.

This position description does not constitute an employment agreement between the Town of Yountville and any employee and is subject to change by the Town as the needs of the Town and requirements of the position change, in accordance with applicable MOU provisions.

Approval: Resolution No.

Town Manager
Effective Date:

Revision History: Version: Effective Date:

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Communications Manager Job Description.docx 321973.1

TOWN OF YOUNTVILLE

JOB DESCRIPTION
Communications Manager

GENERAL PURPOSE
Under direction of the Town Manager, plans, organizes, and manages internal/external communications, public information, social media and media relations for the Town while maintaining compliance with applicable state and federal laws and regulations; coordinates and administers the Town’s emergency and non-emergency communication services; plans, implements and oversees special programs, projects, and initiatives; coordinates assigned activities with other divisions, departments and outside agencies; performs a wide variety of moderate to highly complex professional, technical, analytical and administrative support activities.

DISTINGUISHING CHARACTERISTICS
The Communications Manager is an expert level classification in a professional job which requires considerable skill and experience in the related field. Incumbents in this class are expected to work independently in administering assigned programs, projects, and initiatives. The incumbent performs the full array of duties within the area of assignment including engaging in complex technical and/or analytical projects, providing staff support to department administration and Town officials, demonstrating a high degree of independence in interacting with all levels of Town employees, manager, elected officials, community groups, other governmental agencies, and the public. Employees at this level are expected to be fully aware of the operating procedures and policies within the work unit.

SUPERVISION RECEIVED AND EXERCISED
General direction is provided by the Town Manager. May provide indirect supervision to clerical staff, contractors, vendors, temporary staff and/or contract personnel, as assigned.

DUTIES AND RESPONSIBILITIES
Duties include, but are not limited to, the following:
• Maintain a physical presence in the office in order to supervise staff, perform administrative duties and meet with vendors and the public.
• Support the Town Clerk in administration of the Records and Information Management Program (RIM) and all aspects associated with the Town’s Electronic Document Management System (EDMS) to ensure a high level of quality control for Town records. • Provide backup and support to the Town Clerk/Records Manager and perform duties including but not limited to preparation and distribution of Town Council Agendas and Packets, attending Town Council meetings and preparing minutes, preparing proclamations, processing ordinances, resolutions, and staff reports; posting public hearing notices, and assisting in departmental budget preparation.

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Communications Manager Job Description.docx 321973.1
• Develop and manage strategic communication plans in coordination with Town Manager and Town Council to promote the initiatives and priorities of the Town to reflect a culture of transparency and foster community engagement.
• Review and update department webpages; coordinate codification of the Town’s Municipal Code; research and respond to Public Records Act Requests. • Manage Public Information Officer (PIO) functions including media releases, social media postings, and other community outreach.
• Plans, coordinates, promotes, and participates in public events hosted by the Town such as briefings, workshops and information sessions.
• Perform professional and administrative work for special projects in support of the Town Manager when directed.
• Perform research and/or data gathering activities; analyze and interpret data collected and prepare periodic or special reports based on conclusions in assigned areas of responsibility; make recommendations on the formulation of operating policies and procedures, develop and implement new program initiatives and workflow systems. • Administer on-going activities within a designated program area, including initiation, development and implementation of projects, coordinate project planning and/or program development activities; manage outside consultant contracts; oversee projects through to successful completion.
• Prepare talking points, key messages, media alerts, public announcements, and other informational materials related to public information.
• Respond to resident complaints and requests for specialized information as required. • Respond to media inquiries and emergency situations in coordination with the Town Manager, other Town staff and departments, and County Emergency Operations. • Act as project coordinator or liaison as assigned duties may require; represent assigned work unit in interdepartmental, community and professional meetings as assigned. • Develop written recommendations; make oral presentations to Town Council, Boards and Commissions, higher level management, public, and outside agencies. • Keep informed of current trends, technology, and applicable federal and state law, and apply knowledge to areas of responsibility.
• Communicate and coordinate directly with the Town Council on behalf of the Town Manager as needed. Communicate and coordinate with Town Attorney on a regular basis. • Develop and administer the Town’s brand and style guide and implement updates as needed.

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Communications Manager Job Description.docx 321973.1

MINIMUM QUALIFICATIONS
Knowledge of: Applicable Federal, State and local laws and ordinances related to assigned program area; research and report writing techniques; basic principles and practices of municipal operations and its administration and organization; effective methods for successfully planning, coordinating and implementing special projects, program and initiatives; principles, techniques, and objectives of public information and communication as applied to local government; principles and techniques of mass and targeted communication, public speaking, marketing, and journalism; principles and techniques to plan, develop, coordinate and implement comprehensive local government public relations, public information/communications, social media and media relations programs; practices of governmental financial administration including budgeting and reporting; and modern office methods, procedures and practices.

Ability to: Strategize, develop, implement and manage a comprehensive media, social media, and public information/communications program; effectively prepare communications in disaster and emergency situations; compose, coordinate and edit a variety of educational, informational, and promotional materials; prepare effective and complete staff reports and make presentations to large and diverse audiences; exercise sound judgement and discretion; manage a variety of complex special projects, programs and initiatives as assigned; conduct research; perform statistical, content, and/or cost-benefit analysis and evaluate options based on findings; work with outside consultants to ensure timely submittal of project requirements; coordinate program initiatives across departmental lines; communicate effectively both orally and in writing; understand and follow oral and written instructions; manage and prioritize multiple tasks and shifting priorities; and establish and maintain effective work relationships with those contacted in the course of work.

Experience: Four years of progressively responsible public sector administrative support experience, at least two of which were at the professional level performing administrative, analytical and/or program management duties, preferably in a municipal government setting.

Education: Equivalent to a bachelor’s degree from an accredited college or university in political science, business or public administration, public policy, or other field applicable to the responsibilities and requirements of the position. Possession of a master’s degree in public or business administration is desirable. Alternatively to the minimum education qualification, the Communications Manager may demonstrate five to ten years of equivalent experience in addition to the above minimum experience qualification.

TOOLS AND EQUIPMENT USED
Personal computer, including word processing, spreadsheet, web-site maintenance, PowerPoint presentation software, database, and project scheduling; motor vehicle; phone; cell phone.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met any an employee to successfully perform the essential functions of this job in compliance with the American with Disabilities Act (ADA) requirements. On a case-by-case basis, reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed mostly in an office setting. Hand-eye coordination is necessary to operate computers and various pieces of office equipment.

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Communications Manager Job Description.docx 321973.1
While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle, feel, or operate objects, tools, or controls; and reach with hands and arms.

The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell.

The employee must occasionally lift and/or move up to 35 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

LICENSES AND CERTIFICATIONS
Possession of, or ability to obtain and maintain, a valid California Class C Driver License and a satisfactory driving record is required. Individuals who do not meet this requirement due to a disability will be reviewed on a case-by-case basis.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position.

The noise level in the work environment is usually quiet to moderate but can be noisy due to existing office configuration. Because the working environment is in a public administrative setting, the incumbent works with frequent deadlines, constant interruptions and, at times, impatient and irate customers.

FLSA
This position is FLSA exempt.

SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position.

This position description does not constitute an employment agreement between the Town of Yountville and any employee and is subject to change by the Town as the needs of the Town and requirements of the position change, in accordance with applicable MOU provisions.

Approval:

Town Manager
Effective Date: ________________

Revision History:

Version: _______________________ Effective Date:
- 1 -

TOWN OF YOUNTVILLE

JOB DESCRIPTION

FINANCE DIRECTOR

GENERAL PURPOSE
Performs a variety of complex supervisory, professional, administrative and technical accounting and finance functions in maintaining the fiscal records and financial systems of the Town; to coordinate assigned activities with other Town departments and outside agencies; to provide highly responsible and complex administrative support to the Town Manager's office; and to act as a member of the Town Manager's management team.

DISTINGUISHING CHARACTERISTICS
This is a Department Head level management position with significant field and administrative responsibilities for administration of the Town’s financial programs, planning and delivering program services, responding to emergency situations, and supervising personnel. Requirements include evening and weekend hours and response to emergency situations. This position is classified as Fair Labor Standards Act (FLSA) Exempt.

SUPERVISION RECEIVED
Works under the broad policy guidance and direction of the Town Manager.

SUPERVISION EXERCISED
Exercises administrative direction over professional finance staff and account clerical administrative support staff, part-time, contracted or seasonal personnel either directly or through subordinate supervisors; exercises direction and review of various contracted consultants providing services to the Town.

DUTIES AND RESPONSIBILITIES (Illustrative Only)
Serves as a member of the Town management team and participate in the development and implementation of Town goals, objectives, priorities, policies and procedures, project prioritization, and problem resolution.

Plan, direct, coordinate, supervise and review the work of assigned administrative clerical support staff.
- 2 -
Manages and supervises assigned operations to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, motivates and evaluates assigned staff; reviews progress and directs changes as needed.

Provides leadership and direction in the development of short and long range plans; gathers, interprets, and prepares data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed.

Makes presentations to supervisors, boards, commissions, civic groups and the general public; Communicates official plans, policies and procedures to staff and the general public.

Assures that assigned areas of responsibility are performed within budget; performs cost control activities; monitors revenues and expenditures in assigned area to assure sound fiscal control; prepares budget documents; assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time.

Determines work procedures, prepares work schedules, and expedites workflow; studies and standardizes procedures to improve efficiency and effectiveness of operations.

Issues written and oral instructions; assigns duties and examines work for exactness, neatness, and conformance to policies and procedures.

Maintains harmony among workers and resolves grievances.

Performs or assists subordinates in performing duties; adjusts errors and complaints.

Prepares a variety of studies, reports and related information for decision-making purposes and to assist department heads in operating their departments in a fiscally sound manner.

Serves as chief financial advisor to the Town Manager and Town Council.

Establishes and maintains internal control procedures and assures that state and national standard accounting procedures are maintained.

Supervises the collection of taxes, fees, utilities, and other receipts in accordance with laws and regulations.

Maintains financial records.
- 3 -
Develops financial studies and plans. Forecasts, estimates, and monitors the financial condition of the Town to assure the fiscal well being of the Town.

Prepares financial reports and oversees annual independent audit of Town's financial transactions.

Oversees the central computerized financial and management information system of the Town.

Oversees the posting and reconciliation of ledgers and accounts.

Directs the preparation of state and Federal reports, including tax reports.

Trains and develops financial staff.

Oversees payroll and accounts payable processing.

Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary; provide periodic reports on department activities to Town Council; attend Council and other meetings as required.

Perform other duties as assigned.

ADDITIONAL EXAMPLES OF ESSENTIAL DUTIES
Serve as the designated Town Treasurer and responsible for investment of Town funds consistent with Town policies.

In the absence of the Town Manager, may assume the responsibility of the Town Manager as needed.

Assists with the Town’s response to emergency situations as a part of the Town’s Emergency Operations Center (EOC) staff.

PERIPHERAL DUTIES
Serve as delegate or alternate representative on the PARSAC Executive Board.

Exhibits and practices support for management decisions. Exhibits a personal commitment to creating and sustaining a pleasant, cooperative, and productive work environment.

Serves as member of various employee committees or other assigned groups; assures inter-departmental coordination and cooperation.

Represent the Town in related professional organizations as appropriate. - 4 -
Serves as liaison with other agencies, public entities, and other Town departments.

MINIMUM QUALIFICATIONS
Education and Experience:
(A) Graduation from an accredited four-year college or university with a bachelor’s degree in accounting, finance, business, or public administration or a closely related field is highly desirable. A Master’s Degree in a related field is desirable but not required preferred.
(B) Minimum of four (4) years of progressively responsible experience in finance or management and administration, including at least two years of supervisory responsibility. Local government experience is preferred.

Necessary Knowledge, Skills, and Abilities:
(A) Considerable knowledge of modem governmental accounting theory, principles, and practices; considerable knowledge of internal control procedures and management information systems; considerable knowledge of office automation and computerized financial applications; considerable knowledge of public finance and fiscal planning; considerable knowledge of payroll and accounts payable functions; working knowledge of budgetary, accounting and reporting systems, GAAFR, GAAP and GASB;
(B) Skill in operating the listed tools and equipment;
(C) Ability to prepare and analyze complex financial reports; ability to maintain efficient and effective financial systems and procedures; ability to effectively supervise staff; ability to establish and maintain effective working relationships with employees, Town officials; ability to communicate effective orally and in writing.

SPECIAL REQUIREMENTS
Ability to obtain and maintain a valid California driver's license. Must be bondable.

TOOLS AND EQUIPMENT USED
Personal computer, including word processing and spreadsheet software; mainframe computer system; 10-key calculator; phone and cell phone; copy machine; fax machine.
- 5 -

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met any an employee to successfully perform the essential functions of this job in compliance with the American with Disabilities Act (ADA) requirements. On a case-by-case basis, reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed mostly in office setting. Hand-eye coordination is necessary to operate computers, and various pieces of office equipment.

While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell.

The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position.

The noise level in the work environment is usually quiet to moderate, but can be noisy due to existing office configuration. Because the working environment is in a public administrative setting, the incumbent works with frequent deadlines, constant interruptions and, at times, impatient and irate customers.

SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position.

This position description does not constitute an employment agreement between the Town of Yountville and any employee and is subject to change by the Town as the needs of the Town and requirements of the position change, in accordance with applicable MOU provisions.
- 6 -
Approval:

Town Manager
Effective Date: _________________

Revision History:

Version: _______________________ Effective Date:

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 1 - 321937.2

TOWN OF YOUNTVILLE

JOB DESCRIPTION
Administrative Services Director

GENERAL PURPOSE
Under administrative direction of the Town Manager, the Administrative Services Director plans, organizes, manages, and provides administrative oversight for all functions and activities of the Administrative Services Department in the Town of Yountville. The Administrative Services Director fulfills all the duties of the Finance Director as described by the Town of Yountville Municipal Code. This includes overseeing finance, general accounting, utility billing, business licenses, and information technology. The Administrative Services Director administers fiscal operations, coordinates budget production and administration, fosters interdepartmental cooperation, and provides expert assistance to the Town Manager. The role involves strategic decision-making within policy guidelines and supervisory responsibility for professional, technical, and administrative staff.

DISTINGUISHING CHARACTERISTICS
The Administrative Services Director reports to the Town Manager and is responsible for establishing, interpreting, and carrying out overall Town and departmental policies and programs; is expected to independently perform the full scope of administrative, analytical, and management duties for the Administrative Services Department which is composed of the following divisions: Finance, Human Resources, and Risk Management. The Administrative Services Director is expected to participate in assigned administrative processes, procedures, programs, and liaison capacities and will provide information and assistance regarding assigned programs and services.

SUPERVISION RECEIVED AND EXERCISED
Receives direction and supervision from the Town Manager and policy direction from the Town Council. Exercises direct and indirect supervision over professiona, technical, and office support staff.

DUTIES AND RESPONSIBILITIES
Duties may include, but are not limited to, the following:
• Maintain a physical presence in the office in order to supervise staff, perform administrative duties and meet with vendors and the public. • Assume full management responsibility for all Finance Division services, and activities including treasury, ledgers, payroll, payables, receivables, utility billing, and purchasing.

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 2 - 321937.2
• Assume full management responsibility for all Human Resources Division services and activities including recruitment, selection and placement, training and development, collective bargaining agreement administration, contract negotiations and arbitration, personnel records maintenance, and the administration of the classification and compensation systems; recommend and administer policies and procedures.
• Assist Department Heads and Managers with matters related to Town liability as needed/directed.
• Prepare financial reports and oversee annual independent audit of Town's financial transactions.
• Manage the development and implementation of Administrative Services Department goals, objectives, policies, and priorities for each assigned service area; establish, within Town policy, appropriate service and staffing levels; allocate resources accordingly.
• Plan, direct, and coordinate, through subordinate level managers/staff, the Administrative Services Department’s work plan, assign projects, and programmatic areas of responsibility; review and evaluate work methods and procedures; meet with management staff to identify, and resolve problems. • Assure compliance with Town policies, contracts, and ordinances, as well as Federal, State, and local laws and regulations.
• Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor workload, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct the implementation of changes.
• Represent the Administrative Services Department to other Town departments, elected officials, and outside agencies.
• Select, train, motivate, and evaluate Administrative Services Department personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
• Plan, direct, and coordinate, through subordinate level staff, the Administrative Services Department’s work plan; meet with management staff to identify and resolve problems; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures.
• Manage and participate in the development and administration of the Administrative Services Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring and approval of expenditures; direct the preparation and implementation of budgetary adjustments as necessary.
• Coordinate Administrative Services Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 3 - 321937.2
Town Manager and Town Council; prepare and present staff reports and other necessary correspondence.
• Participate in Town’s financial activities; assume significant responsibilities during the Town’s annual budgetary process; provide a variety of financial reports for the Town Manager; prepare revenue estimates; maintain capital, and operational budget. • Prepare for and assist in personnel contract negotiations, grievances, and arbitration; administer the provisions of existing employee contracts and agreements; coordinate the activities of the Town’s bargaining team; advise staff regarding provisions of contract.
• Administer the day-to-day activities of the Town’s insurance programs including health, liability, Workers Compensation, life, and casualty insurance; coordinate updates/renewals associated with Town’s Workers Compensation and insurance renewals.
• In coordination with the Town’s Attorney, analyzes and implements legislation and legal matters that impact Town operations to ensure compliance. • Explain and interpret Human Resources Department programs, policies, and activities, including negotiating and resolving sensitive human resources issues. • Develop, manage and implement the Town’s training and professional development program by compiling and evaluating information about organizational needs, conducting needs assessments, developing course content, and methods of evaluation; plan and present workshops; monitor training programs to ensure accurate reflection of federal, state, and local laws and consistent presentation of the Town’s mission, policies and procedures and quality customer service; oversee development and maintenance of a computerized system to track employee training and provide an inventory of skills and knowledge.
• Supervise payroll input and leave activities, ensuring appropriate usage of leave hours and accurate reporting of work hours in accordance with MOU’s, and Personnel Rules and Regulations, and federal and state law. • Direct the administration of the classification and compensation plan; establish job specifications and salary ranges for positions; initiate and conduct wage and benefit surveys; analyze, evaluate, and make recommendations on proposed job classifications.
• Direct the recruitment, interviewing, testing, selection, and placement of all employees hired by the Town; establish and administer the performance appraisal program; administer promotion, transfer, and separation procedures of current employees.
• Oversee and administer employee disciplinary policies and procedures; provide assistance to staff on disciplinary issues and action to be taken; administer formal grievance procedure; participate in hearings and assist management staff in preparing and processing responses to grievances.

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 4 - 321937.2
• Direct the preparation of personnel and employment reports to Federal and State agencies and the Town Council.
• Direct the preparation and maintenance of personnel rules, records, and reports, employee handbooks, orientation manuals, and other publications on employee working conditions and benefits.
• Direct the Department’s training and development program. • Oversee the Town’s Risk Management programs and policies, including property damage, public liability, and worker’s compensation.
• Attend and participate in professional group meetings and stay abreast of new trends and innovations in the field of finance and human resources.

ADDITIONAL EXAMPLES OF ESSENTIAL DUTIES
• Serve as the designated Town Treasurer and responsible for investment of Town funds consistent with Town policies.
• In the absence of the Town Manager, may assume the responsibility of the Town Manager as needed.
• Assists with the Town’s response to emergency situations as a part of the Town’s Emergency Operations Center (EOC) staff.

PERIPHERAL DUTIES
Serve as delegate or alternate representative on the CIRA Executive Board.

MINIMUM QUALIFICATIONS
Knowledge of: Considerable knowledge of modern governmental accounting theory, principles, and practices; public sector personnel, and Human Resources, risk management, and safety practices, policies and procedures; considerable knowledge of internal control procedures and management information systems; considerable knowledge of office automation and computerized financial applications; considerable knowledge of public finance and fiscal planning; considerable knowledge of payroll and accounts payable functions; working knowledge of budgetary, accounting and reporting systems, GAAFR, GAAP and GASB; advanced principles and practices of municipal budget preparation and administration; advanced methods of report preparation and presentation; principles and practices of program development and administration; advanced principles and practices of organization, management, supervision, training, and performance evaluation; principles and practices of strategic planning; principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government; advanced methods and techniques of research and statistical analysis; advanced principles and practices of public administration, including organization, functions, and problems of municipal government; principles and practices of public sector Human Resources administration including recruitment, selection, classification, compensation, benefits administration, S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 5 - 321937.2
and employee relations; principles and practices of wage and salary benefit administration, job analysis, labor negotiations, and conducting employee investigations.

Ability to: Provide effective leadership and coordinate the activities of assigned municipal organization; develop and administer Town-wide and departmental goals, objectives, and procedures; analyze and define problems, identify and evaluate alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals; manage and direct a comprehensive public sector Human Resources management program; analyze and assess programs, policies, and operational needs and make appropriate adjustments; identify and respond to sensitive community and organizational issues, concerns, and needs; plan, organize, direct, and coordinate the work of assigned staff; delegate authority and responsibility; select, supervise, train, and evaluate staff; research, analyze, and evaluate new service delivery methods and techniques; oversee and participate in classification and compensation functions and apply classification and compensation principles to the organization and staffing of the agency; develop and implement an efficient employee recruitment, selection, and retention program; review and resolve employee grievances in accordance with labor agreements; administer contract services; negotiate and resolve complex issues; make effective public presentations; participate effectively in labor negotiations; interpret and present Town personnel programs and policies to employees and the public; prepare clear and concise administrative and financial reports; prepare and administer large and complex budgets; interpret and apply applicable Federal, State, and local policies, laws, and regulations; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work.

Education: A bachelor’s degree from an accredited college or university with major course work in finance, business administration or public administration, human resources management, or a closely related field. A master’s degree in a related field is highly desirable. Alternatively to the minimum education qualification, the Administrative Services Director may demonstrate five to ten years of equivalent experience in addition to the below minimum experience qualification.

Experience: Six years of increasingly responsible public administrative, financial management and operations, or human resources and labor relations experience, including two years of management and supervisory responsibility.

TOOLS AND EQUIPMENT USED
Operate an office computer and a variety of word processing, spreadsheet and other software applications.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met any an employee to successfully perform the essential functions of this job in compliance with the American with Disabilities Act (ADA) requirements. On a case-by-case basis, reasonable accommodations may be made to enable individuals with disabilities to S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 6 - 321937.2
perform the essential functions. Work is performed mostly in office setting. Hand-eye coordination is necessary to operate computers, and various pieces of office equipment.

While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle, feel, or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

LICENSES AND CERTIFICATIONS
Possession of, or ability to obtain and maintain, a valid California Class C Driver License and a satisfactory driving record is required. Individuals who do not meet this requirement due to a disability will be reviewed on a case-by-case basis.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position. The noise level in the work environment is usually quiet to moderate but can be noisy due to existing office configuration. Because the working environment is in a public administrative setting, the incumbent works with frequent deadlines, constant interruptions and, at times, impatient and irate customers.

FLSA
This position is FLSA exempt.

SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position.

This position description does not constitute an employment agreement between the Town of Yountville and any employee and is subject to change by the Town as the needs of the Town and requirements of the position change, in accordance with applicable MOU provisions.

Approval:

Town Manager
Effective Date: ________________

Revision History:

S:\TEAM\DEPARTMENT FOLDERS\Finance\Staff Reports\PrimeGov Drafts\4. FY 23.24\2023.09.19\Final Documents - reviewed by attorney\Administrative Services Director Job Description.docx- 7 - 321937.2
Version: _______________________ Effective Date:
207566.1 1

EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF YOUNTVILLE AND CELIA KING

ADMINISTRATIVE SERVICES DIRECTOR

RECITAL
The Town Manager has selected Celia King (hereafter, “Director”) to serve as Administrative Services Director of the Town of Yountville (hereafter, the “Town”) effective September 19, 2023 and Celia King accepts such employment subject to approval of this employment agreement (hereafter, this “Agreement”). Accordingly, the parties agree as follows:

AGREEMENT

1. Effective Date
This Agreement shall become effective on September 19, 2023, and after it has been executed by Director and the Town Manager.

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

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

B. Director shall maintain a regular work schedule consistent with that approved for other management employees of the Town. Director’s duties may require more than eight (8) hours per day and/or forty (40) hours per week, and may also include time outside normal office hours such as attendance at Town Council and board and commission meetings. Director is an exempt employee under the Fair Labor Standards Act and shall 207566.1 2
not be entitled to additional compensation for such time.

4. Compensation
A. Director shall receive an annual base salary of $220,031 payable in equal semi-monthly payments to be made at the same time as other employees are paid.

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

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

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

E. Director will be responsible for 100% of the employee contribution to the California Public Employees Retirement System (“PERS”), which, for those employees classified as “miscellaneous” employees under PERS, is currently 8% for “classic” PERS members and subject to change.

5. Health Insurance
A. Town shall contribute an amount equal to 100% of the cost of the Kaiser Health plan provided to Director through the PERS Health program. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent, and employee and two (2) plus dependents. Any balance owed by the employee for a plan selected which costs more than the contribution provided for by the Town shall be deducted by use of payroll deduction upon effective date of health benefits. The Town will pay full cost of dental plan available through the Town for Director and dependents.

B. Director may elect not to receive health coverage from the Town. If Director elects not to receive health coverage from the Town, she will be required to sign a release 207566.1 3
form and will thereafter receive monthly payments equal to five hundred dollars ($500) per month of health coverage reimbursement. From time-to-time, said amount will be adjusted as set forth in this Agreement.

6. Life Insurance
Town shall provide term life insurance in the amount of Director’s base salary not to exceed $150,000. Such life insurance shall be provided through the same insurance company providing life insurance to other Town employees, or by another insurer acceptable to Town.

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

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

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

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

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

11. Residency
Director and Town mutually agree that it is desirable for Director to live within close proximity to the Town of Yountville Town Hall to fully and effectively execute Director’s duties under this Agreement, the Yountville Municipal Code, any applicable job description, and other applicable federal, state, and local law. Director hereby agrees to and shall, for the duration of this Agreement, establish and maintain her primary 207566.1 4
residence within a 30-minute travel time to and from Yountville Town Hall located at 6550 Yount Street, Yountville, CA 94559.

12. Professional Memberships & Meetings; Other Expenses Town recognizes that certain expenses of a non-personal and job-related nature may be incurred by Director. Town agrees to reimburse Director for reasonable expenses which are authorized by the Town budget, approved of in advance by the Town Manager, and which are supported by expense receipts, statements, or personal affidavits, and audited in like manner as other demands against the Town.

13. Retirement Program and Deferred Compensation
Town shall provide the same PERS retirement benefits to Director as are received by other employees of the Town who are classified as “classic” employees under PERS. “Classic” PERS members (i.e., those members not defined as “new members” under PEPRA) will receive retirement benefits calculated at a benefit formula of 2.7% at age 55.

Town shall match Director up to 7% of base salary per month into a deferred compensation plan.

14. Annual Performance Evaluation
The Town Manager shall evaluate Director’s performance at least once annually.

The Town Manager and Director shall annually develop mutually agreed performance goals and criteria which the Town Manager shall use in reviewing Director’s performance in the following year. It shall be Director’s responsibility to initiate this review each year.

Director will be afforded an adequate opportunity to discuss each evaluation with the Town Manager.

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

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

B. The provisions of the Town’s Personnel Rules and Regulations (“Rules”) applicable to other management employees of the Town shall apply to Director, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this 207566.1 5
Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Director a property right in her employment or a right to be discharged only upon cause. Director is an at-will employee serving at the pleasure of the Town Manager and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement.

C. Director shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes.

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

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

C. If Director is terminated by the Town Manager for cause, Director is not entitled to any severance pay whether or not advance notice is provided. If Director is terminated for cause, Director must be given notice of the cause and supporting evidence.

Director is entitled to meet with the Town Manager at which time Director may reply orally and/or in writing to the cause and supporting evidence. The meeting is not an evidentiary hearing. There is no right to appeal the Town Manager’s decision.

The Town Manager’s decision is final. For purposes of this Agreement, the term “for cause” shall include any of the following:
(i) use of alcohol or drugs that impedes performance of duties; (ii) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(iii) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted Town policy;
(iv) willful and repeated failure to carry out the lawful directives or policy decisions of the Town Council or the Town Manager; or
(v) willful abandonment of the position or continued and unexcused absence from duty.
207566.1 6
D. Director may voluntarily terminate employment, by resignation or retirement or some similar other manner, at any time during the term of this Agreement, subject to at least 30 days’ written notice by Director to the Town Manager, unless the Town Manager and Director agree otherwise. In such case, Town shall have no further obligation to provide payments and benefits, including severance benefits, upon the effective date of termination of employment, other than payment of accrued vacation leave or other payments required by law.

E. Notwithstanding any other provision of this Section 17 to the contrary, the Town Manager shall not terminate Director without cause for a period of 120 days following his or her appointment as the Town Manager. The purpose of this Subsection

17.E. is to allow a newly-appointed Town Manager sufficient time to observe the actions and abilities of Director in the performance of her duties under this Agreement, any applicable job description, and other applicable federal, state, and local law. After the expiration of the 120-day period, there shall be no limitation on the Town Manager’s ability to terminate Director without cause in accordance with this Agreement. Nothing in this Subsection 17.E. shall limit the authority of the Town Manager to terminate Director for cause, or the authority of Director to voluntarily terminate employment, in accordance with this Agreement.

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

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

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

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

Town Manager
Town of Yountville 6550 Yount Street
Yountville, CA 94599
207566.1 7
With a courtesy copy to the Town Attorney at the following address or the address then shown in the records of the Town for the Town Attorney:

Gary B. Bell, Esq.

Yountville Town Attorney
420 Sierra College Drive, Ste. 140 Grass Valley, CA 95945-5091.

Any notice to Director shall be given in a like manner, and, if mailed, shall be addressed to Director at the address then shown in Town’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally, or (b) on the second calendar day after mailing, if mailed.

D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court for the County of Napa, California. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the action.

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

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

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. [SIGNATURES APPEAR ON THE FOLLOWING PAGE.]
207566.1 8
DIRECTOR:
_______________________________
Celia King
Dated: ______________________
APPROVED AS TO FORM:
_______________________________
Gary B. Bell, Town Attorney
Dated: ______________________
TOWN:
_______________________________
Brad Raulston, Town Manager
Dated: ______________________
ATTEST:
_______________________________
Eddy Gomez, Town Clerk
Dated: ______________________
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

TOWN OF YOUNTVILLE JOB DESCRIPTION

CODE COMPLIANCE OFFICER

DEFINITION
The Code Compliance Officer performs a variety of professional, technical, and administrative work in the development, coordination, and execution of a Code Compliance Program for the Town of Yountville including investigating, processing, and resolving violations of ordinance, rules, and regulations administered by the Town of Yountville such as zoning, nuisance, and municipal code violations. Responsibilities include responding and investigating complaints, educating residents on the relative codes and policies, proactive property inspection, encouraging good neighbor practices to achieve sustainable compliance through cooperation and support, and utilizing legal enforcement when necessary. Assists businesses and residents with enforcement of laws, regulations and code designated to abate nuisances, protect zoning, support public safety, preserve property maintenance, sanitation, and health on both private and public property.

DISTINGUISHING CHARACTERISTICS
 Enforces all applicable codes relating to health, safety, welfare, and community preservation; resolves complex and sensitive code violation issues, using tact and diplomacy to encourage voluntarycompliance.  Receives complaints of code violations from the public, Town staff, and others. Performs on-site inspection of property and construction (private and public), investigates, and conducts research to determine compliance with codes and locate unlicensed activities.  Coordinate Special Event, Amplified Sound and Film permit applications.  Tracks case information and prepares inspection reports.  Evaluates information pertaining to applicable codes and ordinances and recommends appropriate course of action.
 Contacts responsible parties and prepares compliance letters; issues notices and citations; initiates other corrective action as necessary; performs follow-up to ensure compliance and cost recovery asdirected.  Maintains and updates computerized record of all inspection activity in a shared location; maintains case files and calendar system to track case activity; maintains time accounting records for purposes of cost recovery.
 Prepares periodic activity reports for the Town Manager’s office or specific Department and TownCouncil.  Responds to inquiries from the public, Town staff, and others, interpreting and explaining Town codes, ordinances, policies, and procedures pertaining to code compliance.  Prepares case information for legal proceedings with appropriate functional Director, Town Manager and Town Attorney; may act as Town representative and present evidence.  Develops educational material and public awareness campaigns for the Code Compliance Program.

Page 2 of 3 ends

Approved July 19, 2022 Resolution Number 22-4135
 Represents the Town of Yountville responding to the public and others in a prompt, professional and courteous manner while continuously maintaining a positive customer service demeanor.  Establishes and maintains positive working relations with coworkers, other agency partners including the Napa County Sheriff’s Department and the public.
 Enforces municipal code regulations concerning the use of the public right-of-way including the parking of recreational vehicles on Town property and/or in theright-of-way.  Support the Public Works department in a variety offunctions.  The duties and responsibilities listed should not be construed to be all-inclusive. The essential job duties will include other responsibilities as assigned and required.

QUALIFICATIONS
Mandatory Requirements:

High school diploma or equivalent; and at least two years of experience in code enforcement, community development, law enforcement, criminal justice administration, or related field; or any equivalent combination of education and experience which demonstrates the knowledge, skills, and abilities to perform the essential job duties. A two or four-year college degree may take the place of one year ofexperience.

Knowledge/Skills/Abilities
Knowledge
 Knowledge of Town government and the impact of enforcement actions.  Knowledge of applicable laws, code, and zoning ordinances.  Knowledge of general office procedures, including spelling, grammar, punctuation, and math.  Knowledge of operation of standard office equipment, including data entry equipment; telephone etiquette; and word processing software.

Skills
 Organized and able to maintain good record keeping.
 Ability to write effective emails, letters, and memorandums.  Skill in investigation and observation.
 Skill in communicating with others, conflict resolution, and disputemediation.  Skill in accurately checking data.
 Skill in establishing and maintaining effective working relationships with individuals from diverse backgrounds.
 Skill in interpreting the governing documents such as the Municipal Code.  Able to prioritize job duties and balance multiple needs and inquiries in a busy work environment.

Abilities
 Ability to communicate effectively with the public, members of the outside agencies, and employees.
 Ability to follow through on multiple compliance cases in adeadline-intensive environment. Ability to work with public in resolving problems.  Ability to safely operate motorized vehicles.
 Ability to remain calm and professional with potentially angry people.

Work independently; understand and execute complex oral and written instructions and apply guidelines to

Page 3 of 3 ends

Approved July 19, 2022 Resolution Number 22-4135
varied situations; meet and deal with the public in a pleasant, courteous manner and, at times, in intense situations; independently investigate and respond to problems, interpret and explain local codes and ordinances; prioritize and successfully complete multiple work assignments simultaneously; initiate, plan, organize and carry through projects; work quickly and accurately with numeric calculations.

Special Requirements/Licenses:

Possession of a valid California drivers. Must have a safe driving record.

SUPERVISION RECEIVED
Works under the direction of the Direction of the Town Managers Office who holds the employee accountable for achieving code enforcement goals and objectives in alignment with the Town’s Code Compliance Program.

SUPERVISORY RESPONSIBILITIES:

This position is not a supervisory position.

PHYSICAL DEMANDS:

While performing the duties of this position, the employee is frequently required to stand, sit, communicate, reach, and manipulate objects, tools or controls. The position requires mobility. The Code Compliance Officer must be able to push, pull, lift, and carry up to 40 pounds. Manual dexterity and coordination are required over 50% of the work period while operating computers, motorized vehicles, and other standard office equipment.

TOOLS AND EQUIPMENT USED:

Computer, including word processing, outlook, data base, Internet, and spreadsheet programs; calculator, online software programs such as Springbrook, Primegov, and OpenGov; telephone, copy machine, and postage machine. The position requires the use of Town Vehicles.

WORK ENVIRONMENT:

The work period occurs mainly in outdoor environments with exposure to all weather conditions. The noise level in the work environment is typical of most office environments. Driving a vehicle to work locations in the local area, responsible for the safety of others with traffic control responsibilities and experiencing vibration from driving a motor vehicle are part of this position. Reasonable accommodation will be made to meet the known limitations of qualified disabled individuals in performing the essential job functions of this position.

This description covers the most significant essential and auxiliary duties performed but does not include other occasional work which may be similar, related to, or logical assignment to the position.

The job description does not constitute an employment agreement between the employer and the employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

TOWN OF YOUNTVILLE JOB DESCRIPTION

CODE COMPLIANCE OFFICER

DEFINITION
The Code Compliance Officer performs a variety of professional, technical, and administrative work in the development, coordination, and execution of a Code Compliance Program for the Town of Yountville including investigating, processing, and resolving violations of ordinance, rules, and regulations administered by the Town of Yountville such as zoning, nuisance, and municipal code violations. Responsibilities include responding and investigating complaints, educating residents on the relative codes and policies, proactive property inspection, encouraging good neighbor practices to achieve sustainable compliance through cooperation and support, and utilizing legal enforcement when necessary. Assists businesses and residents with enforcement of laws, regulations and code designated to abate nuisances, protect zoning, support public safety, preserve property maintenance, sanitation, and health on both private and public property.

DISTINGUISHING CHARACTERISTICS
 Enforces all applicable codes relating to health, safety, welfare, and community preservation; resolves complex and sensitive code violation issues, using tact and diplomacy to encourage voluntarycompliance.  Receives complaints of code violations from the public, Town staff, and others. Performs on-site inspection of property and construction (private and public), investigates, and conducts research to determine compliance with codes and locate unlicensed activities.  Coordinate Special Event, Amplified Sound and Film permit applications.  Tracks case information and prepares inspection reports.  Evaluates information pertaining to applicable codes and ordinances and recommends appropriate course of action.
 Contacts responsible parties and prepares compliance letters; issues notices and citations; initiates other corrective action as necessary; performs follow-up to ensure compliance and cost recovery asdirected.  Maintains and updates computerized record of all inspection activity in a shared location; maintains case files and calendar system to track case activity; maintains time accounting records for purposes of cost recovery.
 Prepares periodic activity reports for the Town Manager’s office or specific Department and TownCouncil.  Responds to inquiries from the public, Town staff, and others, interpreting and explaining Town codes, ordinances, policies, and procedures pertaining to code compliance.  Prepares case information for legal proceedings with appropriate functional Director, Town Manager and Town Attorney; may act as Town representative and present evidence.  Develops educational material and public awareness campaigns for the Code Compliance Program.

Page 2 of 3 ends
← All documents from this meeting