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Agenda packet

Yountville City Council
October 3, 2023

Document
Agenda packet
Meeting
October 3, 2023
Body
Yountville City Council
Pages
1
Original file
14.1 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, October 3, 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. Domestic Violence Awareness Month Proclamation
B. Clean Air Day Proclamation

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 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. Domestic Violence Awareness Month Proclamation
B. Clean Air Day Proclamation

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 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. Domestic Violence Awareness Month Proclamation
B. Clean Air Day Proclamation

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 23­520 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.

B. Waive Second Reading and Adopt Ordinance Number 23­521 of the Town Council of the Town of Yountville Amending Yountville Municipal Code Sections 17.12.010 and 17.256.010 to Prohibit Gas or Fueling Stations within the Town; defining terms for that purpose; and finding the amendments to be exempt from the California Environmental Quality Act.

C. Waive Second Reading and Adopt Ordinance Number 23­522 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).

D. Receive and File Monthly Financial Reports for July and August 2023 E. Approve Minutes of the regular meeting held on September 19, 2023.

9. GUEST PRESENTATIONS ­ NONE

10. PUBLIC HEARINGS
A. Consideration of Introduction and Waiving First Reading of Ordinance 23­XXX Amending Sections

17.128.030, 17.128.040, and 17.128.050 of Chapter 17.128 and Section 17.236.010 of Chapter

17.236 of Title 17 of the Yountville Municipal Code to Require a Public Notice and Comment Period for Tree Removal Permits , Require Arborist Reports be Conducted by the Town Consulting Arborist for Tree Removal Permit Applications and Define Town Consulting Arborist, and Finding Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Regulations15061(b)(3)15307and15308
A. Consideration of Introduction and Waiving First Reading of Ordinance 23­XXX Amending Sections

17.128.030, 17.128.040, and 17.128.050 of Chapter 17.128 and Section 17.236.010 of Chapter

17.236 of Title 17 of the Yountville Municipal Code to Require a Public Notice and Comment Period for Tree Removal Permits , Require Arborist Reports be Conducted by the Town Consulting Arborist for Tree Removal Permit Applications and Define Town Consulting Arborist, and Finding Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Regulations 15061(b)(3), 15307, and 15308.

11. ADMINISTRATIVE / REGULAR ITEMS
A. Consider Adoption of Resolution Number 23­4232 Approving Special Event Bouchon Bistro Application to Close Washington Street for Their 25th Anniversary Celebration on Saturday, October 14, 2023.

12. STAFF PRESENTATIONS AND INFORMATIONAL REPORTS

13. COUNCIL EXTERNAL MEETING REPORTS

14. ADJOURNMENT

PROCLAMATION
in Recognition of
Domestic Violence Awareness Month
WHEREAS, NEWS, Domestic Violence and Sexual Abuse Services is commemorating 42 years of service to survivors of domestic violence in Napa County, having opened the first confidential safe house on October 5th 1981 and began providing safety to those escaping abuse; and WHEREAS, domestic violence is a public health concern that impacts the well-being and success of individual community members, as well as the community as a whole; and WHEREAS, in Fiscal Year 2022/2023 NEWS provided services to nearly 1,800 of our Napa County community members, including 24-hour response, assistance with protective orders, safety and shelter, permanent housing, financial aid, support groups and children’s services, for issues related to violence in the home; and
WHEREAS, In Fiscal Year 2022/2023, NEWS served nine clients from the Town of Yountville, including children. The NEWS Help Line received 47 calls for assistance from Yountville residents. Clients from Yountville received emergency assistance and crisis intervention services; court advocacy and accompaniment, including help preparing and filing restraining orders; and support from our Kids Exposed to Domestic Violence (KEDS) program: and
NOW, THEREFORE LET IT BE RESOLVED, that I, Margie Mohler, Mayor of the Town of Yountville, along with the Town Council, do hereby proclaim October 2023 as “Domestic Violence Awareness Month”, and encourage all residents of Yountville to honor domestic violence survivors and those who serve them during this month and throughout the year.

Margie Mohler, Mayor
Dated: October 3, 2023

PROCLAMATION
In Recognition of
California Clean Air Day 2023 – October 4, 2023
WHEREAS, the Town of Yountville is dedicated to the health and well-being of its residents, visitors, and the environment; and
WHEREAS, the Town of Yountville is committed to reducing emissions and has begun to create an electric vehicle fleet through a mindful replacement program; and WHEREAS, Town of Yountville residents and businesses participate in organic waste recycling.

Organic waste in landfills contributes to 20 percent of the state’s methane. Methane is a climate super pollutant, 84 times more potent that carbon dioxide; and WHEREAS, On March 15, 2022, the Mayor and Town Council issued a Proclamation declaring that the climate emergency exists and committed to providing leadership and services in partnership with residents, community organizations, businesses, Napa County and regional jurisdictions to educate, mobilize, and accelerate support for comprehensive and sustained climate action to reduce harmful environmental impacts and strive to achieve a goal of net zero climate pollution; and WHEREAS, On April 18, 2023, the Mayor and Town Council issued a Proclamation declaring a Climate Emergency; and
WHEREAS, clean air is essential for human health, quality of life, and the preservation of our natural surroundings; and
WHEREAS, air pollution poses a significant threat to public health, contributing to respiratory illnesses, cardiovascular diseases, and other adverse health effects; and WHEREAS, climate change, driven by the emission of greenhouse gases, threatens our community with increased temperatures, extreme weather events, and other environmental challenges; and
WHEREAS, California Clean Air Day is an annual event aimed at raising awareness about the importance of clean air and encouraging actions that reduce air pollution and combat climate change; and WHEREAS, by participating in California Clean Air Day, we can collectively reduce our carbon footprint, improve air quality, and take meaningful steps toward a healthier and more sustainable future; and
WHEREAS, the Town of Yountville recognizes that local actions have global impacts and is committed to doing our part to protect the environment and promote clean air for all; and NOW, THEREFORE LET IT BE RESOLVED, I, Margie Mohler, Mayor the of Town of Yountville, by virtue of the authority vested in me by the laws of Yountville and the State of California, do hereby proclaim October 4, 2023 as California Clean Air Day. By working together on California Clean Air Day and throughout the year, we can create a cleaner, healthier, and more vibrant community for ourselves and future generations.

Margie Mohler, Mayor
Dated: October 3, 2023
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8A
Yountville Town Council Staff Report
DATE: October 3, 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 23-520 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.

DISCUSSION/BACKGROUND
At the September 19, 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 Section 2.04.040 of Chapter 2.04 of Title 2 of the Yountville Municipal Code Regarding Appointment and Term of the Vice Mayor.

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 23-520

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.

Ordinance Number 23-520
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 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
__________________
Margie Mohler, Mayor
Eddy Gomez, Town Clerk
Gary Bell, Town Attorney
Ordinance Number 23-520
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 19th day of September 2023. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the 3rd day of October 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 #: 8B
Yountville Town Council Staff Report
DATE: October 3, 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 23-521 of the Town Council of the Town of Yountville Amending Yountville Municipal Code Sections 17.12.010 and 17.256.010 to Prohibit Gas or Fueling Stations within the Town; defining terms for that purpose; and finding the amendments to be exempt from the California Environmental Quality Act.

DISCUSSION/BACKGROUND
At the September 19, 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 Sections 17.12.010 and 17.256.010 to Prohibit Gas or Fueling Stations within the Town; defining terms for that purpose; and finding the amendments to be exempt from the California Environmental Quality Act.

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

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. 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 23-521

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 Ordinance 23-521
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 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 Ordinance 23-521
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 November 2, 2023 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:

Ordinance 23-521
"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.

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.

Ordinance 23-521

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.

Ordinance 23-521
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.

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 3rd day of October 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 3rd day of October 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 #: 8C
Yountville Town Council Staff Report
DATE: October 3, 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 23-522 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).

DISCUSSION/BACKGROUND
At the September 19, 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 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).

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

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. 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 Yountville Municipal Code will maintain the quality of life of the Yountville community.

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 3rd day of October 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 3rd day of October 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 #: 8D
Yountville Town Council Staff Report
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst

RECOMMENDATION
Receive and File Monthly Financial Reports for July and August 2023

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

See below for the July 2023 financial report followed by the August 2023 financial report.

July 2023 – 8.3% of the Fiscal Year & August 2023 – 16.7% of the Fiscal Year TOT collections included in the August 2023 monthly financial report are applicable to July 2023 TOT. Sales tax receipts lag 2½ - 3 months behind the actual collection period. Property taxes are generally not received until November or December, after the first installment has been collected by Napa County.

The higher-than-expected Parks & Recreation Fees revenue is mostly comprised of Summer Camp Program fees and Leisure Class Fees.

General Fund department expenditures that appear to be higher than the percent of budget to date are because of payments that are due at the beginning of the fiscal year, such as a portion of the Chamber of Commerce contract, premiums for Liability and Worker’s Compensation Insurance, and expenditures related to the Parks & Recreation Summer Camp Program. These expenditure accounts are expected to level out throughout the year.

Actual costs for projects in July and August appear to be minimal because most July and August payments were applicable to work completed in June and as such were posted back to the prior fiscal year.

Water and Wastewater Enterprise Funds revenues and expenditures are on track with expected amounts.

The expected $2,000,000 Federal Grant revenue budgeted in Fund 63 Wastewater Capital Joint Treatment Capital Fund is applicable to the USDA low interest loan that the Town is pursuing for the Joint Treatment Plant Modifications project. The expected $1,000,000 Miscellaneous Revenue budgeted in the same fund is applicable to the $1,000,000 Emergency Recycled Water Transmission Main Repair Project that the Town is anticipating to be covered by Town insurance.

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

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Monthly budget and actual revenue and expense reports provide timely information and financial transparency. Timely financial information can help control costs by guiding policy and spending decisions.

July 2023 Financial Report

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
July 31, 2023
General Fund Revenues
The following is a summary of General Fund revenue by major category as of July 31, 2023.

July is 8.3% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,431,280 - (2,431,280) 0.0% Note 1
Sales Taxes 1,695,000 - (1,695,000) 0.0% Note 2
Other Taxes 164,000 - (164,000) 0.0%
Transient Occupancy Tax 7,775,000 - (7,775,000) 0.0% Note 3 Investment Earnings 45,000 102 (44,898) 0.2%
Licenses & Permits 155,250 13,610 (141,640) 8.8%
Fines & Forfeitures 4,000 5,300 1,300 132.5%
Rents & Concessions 350,197 19,412 (330,785) 5.5%
Intergovernmental 205,000 - (205,000) 0.0%
Parks & Recreation Fees 322,550 35,434 (287,116) 11.0%
Charges for Services 184,600 31,642 (152,958) 17.1%
Impact Fees - - - 0.0%
Miscellaneous 123,445 16,378 (107,067) 13.3%
Other Sources - - - 0.0%
Total 13,455,322 121,878 (13,333,444) 0.9%
Transfers: Budget Actual Variance % of Budget Note
Tourist Imp. Dist. (Fund 22) 12,958 1,426 (11,532) 11.0% Total 12,958 1,426 (11,532) 11.0%
Note 1: Property taxes are generally not received until December, after the first installment has been collected by Napa County.

Note 2: Sales tax receipts lag 2 ½ - 3 months behind the actual collection period.

Note 3: TOT is due one month after the collection period and received within 30 days after the collection period.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
July 31, 2023
General Fund Expenditures
The following is a summary of General Fund Expenditures by major category as of July 31, 2023:

July is 8.3% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 226,858 9,629 (217,228) 4.2%
Non-Departmental 1010 253,700 23,644 (230,056) 9.3%
Town Manager 1101 632,326 82,982 (549,344) 13.1%
Information Technology 1011 - - - 0.0% Note 1
Community Promotion 1015 473,775 162,772 (311,003) 34.4% Finance 1102 815,265 70,266 (744,999) 8.6%
Risk Management 1103 71,150 10,350 (60,800) 14.5%
Town Attorney 1105 226,000 - (226,000) 0.0%
Town Clerk 1110 607,923 49,946 (557,977) 8.2%
Planning & Building 2115 1,261,304 103,093 (1,158,211) 8.2% Law Enforcement Services 3200 1,271,620 105,926 (1,165,694) 8.3% Fire & Emergency Services 3201 1,148,000 - (1,148,000) 0.0% Note 2 PW Admin. & Engineering 4301 887,084 91,183 (795,900) 10.3% PW Street Maintenance 4305 459,551 32,398 (427,153) 7.0% PW Park Maintenance 4320 730,015 47,416 (682,599) 6.5%
PW Government Bldgs. 4325 607,829 123,110 (484,719) 20.3% Parks & Rec Admin & Services 5405 555,975 58,477 (497,498) 10.5% Parks & Rec Camp Programs 5406 215,453 49,486 (165,967) 23.0% Community Center 5408 361,101 20,898 (340,203) 5.8%
Parks & Rec Leisure Prog. 5410 345,546 25,962 (319,584) 7.5% Parks & Rec Sports Prog. 5412 59,901 5,835 (54,065) 9.7% Parks & Rec Community Events 5413 206,964 17,628 (189,337) 8.5% Yountville Arts 5415 114,574 2,081 (112,493) 1.8%
Total Expenditures 11,531,913 1,093,083 (10,438,829) 9.5% Transfers Out:

OPEB-Employee Retiree Ben. 7902 - - - 0.0%
PERS UAL 7903 - - - 0.0%
Emergency Reserve Fund 7904 - - - 0.0%
Revenue Stabilization Fund 7905 - - - 0.0%
Util Ent Project Comm Fund 7906 - - - 0.0%
Capital Projects Fund 7950 550,000 550,000 - 100.0%
Water Capital Fund 7960 - - - 0.0%
Facility Replacement Fund 7981 350,000 350,000 - 100.0% Fleet/Equip Replacement Fund 7982 200,000 200,000 - 100.0% Housing Opportunity Fund 7970 73,700 - 73,700 0.0%
T.O.Y. Community Foundation 7985 - - - 0.0% Note 3
Water Subsidy 7961 6,000 - 6,000 0.0%
Wastewater Subsidy 7962 6,000 - 6,000 0.0%
2017 Lease Rev. Debt Service 7954 545,000 545,000 - 100.0% 2020 Lease Fin. Debt Service 7955 20,000 20,000 - 100.0% Total Transfers Out: 1,750,700 1,665,000 85,700 95.1%
Note 1: Allocations of information technology are made to each department so no expenses are shown for the program.

Note 2: Payments for Fire & Emergency Services are typically made bi-annually, in January and June.

Note 3: Transfer to TOYCF represents excess revenue collected from art sales. * Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2023/2024 budget adjustments

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
July 31, 2023

CAPITAL PROJECTS
Expenditures Budget * Actual Variance % of Budget
Shade Structure for Community Center/Hall CF-0022 150,000 - (150,000) 0.0% Enclose BBQ Area for Storage CF-0024 45,000 - (45,000) 0.0% Exterior Painting of Town Hall CF-0032 55,000 - (55,000) 0.0% Community Center/Hall HVAC Analysis CF-0033 100,000 - (100,000) 0.0% Replace Community Center/Hall & Post Office Gutters CF-0035 50,000 - (50,000) 0.0% Emergency Geothermal HVAC Repair & Replacement CF-0036 19,753 - (19,753) 0.0% Roof Repair Community Park Restroom CF-0037 55,000 - (55,000) 0.0% Sheriff Office Interior Maintenance & Repairs CF-0038 50,000 - (50,000) 0.0% Town Hall Landscaping and Access CF-0043 75,000 - (75,000) 0.0% GIS Mapping Improvements CP-0007 160,000 - (160,000) 0.0% ADA Accessibility Improvements: Forrester Park/Three Weirs Park CP-0018 121,720 - (121,720) 0.0% Community Center Restrooms Concrete Counter Replacement CP-0023 30,000 - (30,000) 0.0% Installation of EV Charging Stations and Fleet CP-0028 200,000 - (200,000) 0.0% ADA Accessibility Improvements Program CP-2024 122,000 - (122,000) 0.0% Hydroflush Weirs from Finnell to Beard Ditch DF-0018 100,000 - (100,000) 0.0% Repair Fence at Pump Station DF-0019 55,000 - (55,000) 0.0% Town Wide Drainage and Erosion Program DF-2024 20,500 - (20,500) 0.0% Paving Projects - Plan, Specs, and Engineering GT-3024 136,828 94 (136,734) 0.1% Annual Street Maintenance & Paving Program MT-3024 534,990 - (534,990) 0.0% Replace 2003 Chevrolet 2500HD PK-0028 60,000 - (60,000) 0.0% Replace 2013 Chevrolet 2500HD PK-0029 60,000 - (60,000) 0.0% Pump House Rebuild Van De Leur PK-0030 100,000 - (100,000) 0.0% Vineyard Park Enhancement Project PK-0032 450,000 - (450,000) 0.0% Shade Structure at North Park PK-0033 150,000 - (150,000) 0.0% Replace Tot Lot Play Surface PK-0035 10,000 - (10,000) 0.0% Replace Play Surface at Yountville Community Park PK-0037 120,000 - (120,000) 0.0% Waxie Compacting Trash Receptacles PK-0038 108,580 - (108,580) 0.0% Curb, Gutter, and Sidewalk Replacement SB-6024 79,600 - (79,600) 0.0% Surveys and Monuments ST-0004 18,500 - (18,500) 0.0%
Replacement Muni Ops Truck ST-0025 70,000 - (70,000) 0.0% Washington Street Parking Lot Beautification ST-0027 300,000 - (300,000) 0.0% Utility Undergrounding Engineering & Design ST-0029 200,000 - (200,000) 0.0% Traffic Calming Program ST-4024 18,500 - (18,500) 0.0%
Total 3,825,970 94 (3,825,876) 0.0%
Expenditures - Water & Wastewater Budget * Actual Variance % of Budget Upgrade Well SCADA System WA-0018 110,543 - (110,543) 0.0% Water System Inter Tie Projects WA-0020 65,000 - (65,000) 0.0% Clay Valve Rebuild at Finnell Rd & Yount / Finnell Rd & Yville XRd WA-0022 8,000 - (8,000) 0.0% Water Meter Replacement Program WA-2024 30,500 - (30,500) 0.0% Hydrant Repair Replacement WA-5024 35,000 - (35,000) 0.0% WWRF Office Modernization WW-0011 2,008,902 - (2,008,902) 0.0% Rebuild Sludge Heater & Add Sludge Mixing System WW-0019 250,000 - (250,000) 0.0% Design & Construct Headworks Improvements WW-0027 40,000 - (40,000) 0.0% Safety Net and Safety Hinged Doors at Hand Well Access WW-0032 10,000 - (10,000) 0.0% Pump Station Assessment and Capacity Evaluation WW-0033 40,000 - (40,000) 0.0% WWRF Component Assessment & Repair Plan WW-0034 500,000 - (500,000) 0.0% Headworks Grit Screw Chamber Improvement WW-0037 25,000 - (25,000) 0.0% Pond Site Fencing, Grading & Drainage Improvements WW-0038 50,000 - (50,000) 0.0% Compliance Analyzers for SCADA System WW-0039 20,000 - (20,000) 0.0% Consultant to Assess Cost, Years, & Design for WWRF Projects WW-0040 150,000 - (150,000) 0.0% New Vactor Truck WW-0041 400,000 - (400,000) 0.0%
Recycled Water Transmission Main Repair WW-0042 944,892 - (944,892) 0.0% Flare System Installation WW-0043 100,000 - (100,000) 0.0% Asset Management System WW-0044 45,000 - (45,000) 0.0%
Inflow & Infiltration Reduction Program WW-2024 436,266 - (436,266) 0.0% Sewer Main Replacement and Repair Program WW-3024 93,000 - (93,000) 0.0% Plant Equipment Replacement Program WW-4024 138,029 - (138,029) 0.0% Town Pump Station Equipment Replacement Program WW-5024 18,385 - (18,385) 0.0% SCADA Controls WW-6024 15,000 - (15,000) 0.0%
Total 5,533,517 - (5,533,517) 0.0%
* Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2023/2024 budget adjustments.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
July 31, 2023
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 147,600 11,903 (135,697) 8.1% Impact Fees - - - 0.0%
Interest Income 4,500 - (4,500) 0.0%
Total Revenues 152,100 11,903 (140,197) 7.8%
Capital Improvement (60-4500) 344,043 (344,043) 0.0%
Total Expenses 344,043 - (344,043) 0.0%
Net Operating Income/(Loss) (191,943) 11,903 203,846
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,667,000 159,487 (1,507,513) 9.6% Interest Income 3,500 - (3,500) 0.0%
Transfer-Water Subsidy (01) 6,000 - (6,000) 0.0%
Total Revenues 1,676,500 159,487 (1,517,013) 9.5%
O & M Expenses (61-4505) 774,932 69,495 (705,437) 9.0%
Water Purchases (61-4507) 1,063,296 96,004 (967,292) 9.0% Total Expenses 1,838,228 165,499 (1,672,729) 9.0%
Net Operating Income/(Loss) (161,728) (6,012) 155,716
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,531,000 259,237 (2,271,763) 10.2% Interest Income 7,500 - (7,500) 0.0%
Transfer-Wastewater Subsidy (01) 6,000 - (6,000) 0.0%
Total Revenues 2,544,500 259,237 (2,285,263) 10.2%
-
WW Collection (62-4510) 512,580 47,252 (465,328) 9.2%
WW Treatment (62-4515) 1,702,024 115,204 (1,586,820) 6.8% Transfer to Capital (63/64) 500,000 - (500,000) 0.0%
Total Expenses 2,714,604 162,457 (2,552,148) 6.0%
Net Operating Income/(Loss) (170,104) 96,781 266,885
JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Revenues System Replacement Fees 240,000 19,818 (220,182) 8.3% Revenues Capital Recovery Vets 50,000 - (50,000) 0.0%
Interest Income 25,000 - (25,000) 0.0%
Federal Grant 2,000,000 - (2,000,000) 0.0%
Miscellaneous Revenue 1,000,000 - (1,000,000) 0.0%
Transfer from Wastewater Operating (62) 50,000 - (50,000) 0.0% Total Revenues 3,365,000 19,818 (3,345,182) 0.6%
WW Joint Treatment Plant (63-4518) 4,716,484 - (4,716,484) 0.0% Total Expenses 4,716,484 - (4,716,484) 0.0%
Net Operating Income/(Loss) (1,351,484) 19,818 1,371,302 WASTEWATER UTILITY CAPITAL FUND (64) Budget Actual Variance % of Budget Transfer from WW Operating (62) 450,000 - (450,000) 0.0% Impact Fees - - - 0.0%
Interest Income 6,000 - (6,000) 0.0%
Total Revenues 456,000 - (456,000) 0.0%
-
WW Capital Improvement (64-4519) 1,069,651 - (1,069,651) 0.0% Transfer to Debt Service (55) 30,043 - (30,043) 0.0%
Total Expenses 1,099,694 - (1,099,694) 0.0%
Net Operating Income/(Loss) (643,694) - 643,694
August 2023 Financial Report

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
August 31, 2023
General Fund Revenues
The following is a summary of General Fund revenue by major category as of August 31, 2023.

August is 16.7% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,431,280 - (2,431,280) 0.0% Note 1
Sales Taxes 1,695,000 3,090 (1,691,910) 0.2% Note 2
Other Taxes 164,000 - (164,000) 0.0%
Transient Occupancy Tax 7,775,000 819,566 (6,955,434) 10.5% Note 3 Investment Earnings 45,000 102 (44,898) 0.2%
Licenses & Permits 155,250 38,973 (116,277) 25.1%
Fines & Forfeitures 4,000 7,917 3,917 197.9%
Rents & Concessions 350,197 40,166 (310,031) 11.5%
Intergovernmental 205,000 - (205,000) 0.0%
Parks & Recreation Fees 322,550 89,932 (232,618) 27.9%
Charges for Services 184,600 33,768 (150,832) 18.3%
Impact Fees - - - 0.0%
Miscellaneous 123,445 18,805 (104,640) 15.2%
Other Sources - - - 0.0%
Total 13,455,322 1,052,320 (12,403,002) 7.8%
Transfers: Budget Actual Variance % of Budget Note
Tourist Imp. Dist. (Fund 22) 12,958 1,426 (11,532) 11.0% Total 12,958 1,426 (11,532) 11.0%
Note 1: Property taxes are generally not received until December, after the first installment has been collected by Napa County.

Note 2: Sales tax receipts lag 2 ½ - 3 months behind the actual collection period.

Note 3: TOT is due one month after the collection period and received within 30 days after the collection period.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
August 31, 2023
General Fund Expenditures
The following is a summary of General Fund Expenditures by major category as of August 31, 2023:

August is 16.7% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 226,858 18,773 (208,085) 8.3%
Non-Departmental 1010 253,700 31,089 (222,611) 12.3%
Town Manager 1101 632,326 135,215 (497,112) 21.4%
Information Technology 1011 - - - 0.0% Note 1
Community Promotion 1015 473,775 163,215 (310,560) 34.4% Finance 1102 815,265 110,511 (704,754) 13.6%
Risk Management 1103 71,150 10,787 (60,363) 15.2%
Town Attorney 1105 226,000 20,460 (205,541) 9.1%
Town Clerk 1110 607,563 91,233 (516,331) 15.0%
Planning & Building 2115 1,261,304 193,547 (1,067,757) 15.3% Law Enforcement Services 3200 1,271,620 211,852 (1,059,768) 16.7% Fire & Emergency Services 3201 1,148,000 - (1,148,000) 0.0% Note 2 PW Admin. & Engineering 4301 887,084 141,556 (745,527) 16.0% PW Street Maintenance 4305 459,551 57,864 (401,686) 12.6% PW Park Maintenance 4320 730,015 81,991 (648,024) 11.2% PW Government Bldgs. 4325 607,829 160,446 (447,383) 26.4% Parks & Rec Admin & Services 5405 555,855 100,277 (455,578) 18.0% Parks & Rec Camp Programs 5406 215,453 93,388 (122,065) 43.3% Community Center 5408 361,101 51,510 (309,591) 14.3%
Parks & Rec Leisure Prog. 5410 345,546 47,092 (298,454) 13.6% Parks & Rec Sports Prog. 5412 59,901 10,247 (49,654) 17.1% Parks & Rec Community Events 5413 206,964 40,799 (166,165) 19.7% Yountville Arts 5415 114,574 16,940 (97,634) 14.8%
Total Expenditures 11,531,433 1,788,793 (9,742,640) 15.5% Transfers Out:

OPEB-Employee Retiree Ben. 7902 - - - 0.0%
PERS UAL 7903 - - - 0.0%
Emergency Reserve Fund 7904 - - - 0.0%
Revenue Stabilization Fund 7905 - - - 0.0%
Util Ent Project Comm Fund 7906 - - - 0.0%
Capital Projects Fund 7950 550,000 550,000 - 100.0%
Water Capital Fund 7960 - - - 0.0%
Facility Replacement Fund 7981 350,000 350,000 - 100.0% Fleet/Equip Replacement Fund 7982 200,000 200,000 - 100.0% Housing Opportunity Fund 7970 73,700 - 73,700 0.0%
T.O.Y. Community Foundation 7985 - - - 0.0% Note 3
Water Subsidy 7961 6,000 - 6,000 0.0%
Wastewater Subsidy 7962 6,000 - 6,000 0.0%
2017 Lease Rev. Debt Service 7954 545,000 545,000 - 100.0% 2020 Lease Fin. Debt Service 7955 20,000 20,000 - 100.0% Total Transfers Out: 1,750,700 1,665,000 85,700 95.1%
Note 1: Allocations of information technology are made to each department so no expenses are shown for program.

Note 2: Payments for Fire & Emergency Services are typically made bi-annually, in January and June.

Note 3: Transfer to TOYCF represents excess revenue collected from art sales. * Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2023/2024 budget adjustments

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
August 31, 2023

CAPITAL PROJECTS
Expenditures Budget * Actual Variance % of Budget
Shade Structure for Community Center/Hall CF-0022 150,000 - (150,000) 0.0% Enclose BBQ Area for Storage CF-0024 45,000 - (45,000) 0.0% Exterior Painting of Town Hall CF-0032 55,000 - (55,000) 0.0% Community Center/Hall HVAC Analysis CF-0033 100,000 - (100,000) 0.0% Replace Community Center/Hall & Post Office Gutters CF-0035 50,000 - (50,000) 0.0% Emergency Geothermal HVAC Repair & Replacement CF-0036 19,753 - (19,753) 0.0% Roof Repair Community Park Restroom CF-0037 55,000 - (55,000) 0.0% Sheriff Office Interior Maintenance & Repairs CF-0038 50,000 - (50,000) 0.0% Town Hall Landscaping and Access CF-0043 75,000 - (75,000) 0.0% GIS Mapping Improvements CP-0007 160,000 - (160,000) 0.0% ADA Accessibility Improvements: Forrester Park/Three Weirs Park CP-0018 121,720 - (121,720) 0.0% Community Center Restrooms Concrete Counter Replacement CP-0023 30,000 - (30,000) 0.0% Installation of EV Charging Stations and Fleet CP-0028 200,000 25,252 (174,748) 12.6% ADA Accessibility Improvements Program CP-2024 122,000 - (122,000) 0.0% Hydroflush Weirs from Finnell to Beard Ditch DF-0018 100,000 - (100,000) 0.0% Repair Fence at Pump Station DF-0019 55,000 - (55,000) 0.0% Town Wide Drainage and Erosion Program DF-2024 20,500 - (20,500) 0.0% Paving Projects - Plan, Specs, and Engineering GT-3024 136,828 454 (136,374) 0.3% Annual Street Maintenance & Paving Program MT-3024 534,990 - (534,990) 0.0% Replace 2003 Chevrolet 2500HD PK-0028 60,000 - (60,000) 0.0% Replace 2013 Chevrolet 2500HD PK-0029 60,000 - (60,000) 0.0% Pump House Rebuild Van De Leur PK-0030 100,000 - (100,000) 0.0% Vineyard Park Enhancement Project PK-0032 450,000 - (450,000) 0.0% Shade Structure at North Park PK-0033 150,000 - (150,000) 0.0% Replace Tot Lot Play Surface PK-0035 10,000 - (10,000) 0.0% Replace Play Surface at Yountville Community Park PK-0037 120,000 - (120,000) 0.0% Waxie Compacting Trash Receptacles PK-0038 108,580 - (108,580) 0.0% Curb, Gutter, and Sidewalk Replacement SB-6024 79,600 - (79,600) 0.0% Surveys and Monuments ST-0004 18,500 - (18,500) 0.0%
Replacement Muni Ops Truck ST-0025 70,000 - (70,000) 0.0% Washington Street Parking Lot Beautification ST-0027 300,000 - (300,000) 0.0% Utility Undergrounding Engineering & Design ST-0029 200,000 - (200,000) 0.0% Traffic Calming Program ST-4024 18,500 - (18,500) 0.0%
Total 3,825,970 25,706 (3,800,264) 0.7%
Expenditures - Water & Wastewater Budget * Actual Variance % of Budget Upgrade Well SCADA System WA-0018 110,543 - (110,543) 0.0% Water System Inter Tie Projects WA-0020 65,000 - (65,000) 0.0% Clay Valve Rebuild at Finnell Rd & Yount / Finnell Rd & Yville XRd WA-0022 8,000 - (8,000) 0.0% Water Meter Replacement Program WA-2024 30,500 - (30,500) 0.0% Hydrant Repair Replacement WA-5024 35,000 - (35,000) 0.0% WWRF Office Modernization WW-0011 2,008,902 - (2,008,902) 0.0% Rebuild Sludge Heater & Add Sludge Mixing System WW-0019 250,000 - (250,000) 0.0% Design & Construct Headworks Improvements WW-0027 40,000 - (40,000) 0.0% Safety Net and Safety Hinged Doors at Hand Well Access WW-0032 10,000 - (10,000) 0.0% Pump Station Assessment and Capacity Evaluation WW-0033 40,000 - (40,000) 0.0% WWRF Component Assessment & Repair Plan WW-0034 500,000 - (500,000) 0.0% Headworks Grit Screw Chamber Improvement WW-0037 25,000 - (25,000) 0.0% Pond Site Fencing, Grading & Drainage Improvements WW-0038 50,000 - (50,000) 0.0% Compliance Analyzers for SCADA System WW-0039 20,000 - (20,000) 0.0% Consultant to Assess Cost, Years, & Design for WWRF Projects WW-0040 150,000 - (150,000) 0.0% New Vactor Truck WW-0041 400,000 - (400,000) 0.0%
Recycled Water Transmission Main Repair WW-0042 944,892 - (944,892) 0.0% Flare System Installation WW-0043 100,000 - (100,000) 0.0% Asset Management System WW-0044 45,000 - (45,000) 0.0%
Inflow & Infiltration Reduction Program WW-2024 436,266 - (436,266) 0.0% Sewer Main Replacement and Repair Program WW-3024 93,000 - (93,000) 0.0% Plant Equipment Replacement Program WW-4024 138,029 29,073 (108,957) 21.1% Town Pump Station Equipment Replacement Program WW-5024 18,385 3,885 (14,500) 21.1% SCADA Controls WW-6024 15,000 - (15,000) 0.0%
Total 5,533,517 32,957 (5,500,560) 0.6%
* Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2023/2024 budget adjustments.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
August 31, 2023
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 147,600 23,804 (123,796) 16.1% Impact Fees - - - 0.0%
Interest Income 4,500 - (4,500) 0.0%
Total Revenues 152,100 23,804 (128,296) 15.6%
Capital Improvement (60-4500) 344,043 - (344,043) 0.0%
Total Expenses 344,043 - (344,043) 0.0%
Net Operating Income/(Loss) (191,943) 23,804 215,747
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,667,000 325,414 (1,341,586) 19.5% Interest Income 3,500 - (3,500) 0.0%
Transfer-Water Subsidy (01) 6,000 - (6,000) 0.0%
Total Revenues 1,676,500 325,414 (1,351,086) 19.4%
O & M Expenses (61-4505) 774,932 112,173 (662,759) 14.5% Water Purchases (61-4507) 1,063,296 187,762 (875,534) 17.7% Total Expenses 1,838,228 299,934 (1,538,294) 16.3%
Net Operating Income/(Loss) (161,728) 25,480 187,208
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,531,000 517,505 (2,013,495) 20.4% Interest Income 7,500 - (7,500) 0.0%
Transfer-Wastewater Subsidy (01) 6,000 - (6,000) 0.0%
Total Revenues 2,544,500 517,505 (2,026,995) 20.3%
-
WW Collection (62-4510) 512,580 74,335 (438,246) 14.5%
WW Treatment (62-4515) 1,702,024 208,805 (1,493,219) 12.3% Transfer to Capital (63/64) 500,000 - (500,000) 0.0%
Total Expenses 2,714,604 283,140 (2,431,464) 10.4%
Net Operating Income/(Loss) (170,104) 234,365 404,469
JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Revenues System Replacement Fees 240,000 39,642 (200,358) 16.5% Revenues Capital Recovery Vets 50,000 - (50,000) 0.0%
Interest Income 25,000 - (25,000) 0.0%
Federal Grant 2,000,000 - (2,000,000) 0.0%
Miscellaneous Revenue 1,000,000 250,000 (750,000) 25.0% Transfer from Wastewater Operating (62) 50,000 - (50,000) 0.0% Total Revenues 3,365,000 289,642 (3,075,358) 8.6%
WW Joint Treatment Plant (63-4518) 4,716,484 29,073 (4,687,412) 0.6% Total Expenses 4,716,484 29,073 (4,687,412) 0.6%
Net Operating Income/(Loss) (1,351,484) 260,569 1,612,054 WASTEWATER UTILITY CAPITAL FUND (64) Budget Actual Variance % of Budget Transfer from WW Operating (62) 450,000 - (450,000) 0.0% Impact Fees - - - 0.0%
Interest Income 6,000 - (6,000) 0.0%
Total Revenues 456,000 - (456,000) 0.0%
-
WW Capital Improvement (64-4519) 1,069,651 3,885 (1,065,766) 0.4% Transfer to Debt Service (55) 30,043 - (30,043) 0.0%
Total Expenses 1,099,694 3,885 (1,095,809) 0.4%
Net Operating Income/(Loss) (643,694) (3,885) 639,809
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8E
Yountville Town Council Staff Report
DATE: October 3, 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 September 19, 2023.

DISCUSSION/BACKGROUND
Approve Minutes of the regular meeting held on September 19, 2023.

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

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. 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.

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

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
Brad Raulston, Town Manager, requested removing agenda item 11­B which will be brought back to a future Town Council meeting.

A motion was made by Vice Mayor Knight, seconded by Council Member Trippe to approve the modified 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. COUNCIL MEMBER ANNOUNCEMENTS
Councilmember Trippe reminded the community to submit feedback regarding the draft Parks and Recreation Department Master Recreation Plan.

Mayor Mohler reminded the community about Yountville Days which will have a play the night before called Rosella Street and that the Town is looking for two actors to participate in it. Those interested in participating in the play or that want to have a float in the parade should contact Parks and Recreation Director Samantha Holland.

6. PROCLAMATIONS AND RECOGNITIONS
A. New Employee – Manny Almanza
John Ferons, Public Works Director, introduced Public Works Department new employee Manny Almanza.

7. NON­AGENDA PUBLIC COMMENT
The following individual provided in­person public comment on non­agenda items: John Wilson.

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 t$102600
Town of Yountville Town Council Regular Meeting Page 2
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.

Vice Mayor Knight, Councilmember Trippe, Councilmember Reeves, and Councilmember McKee­Cant provided comments of support for consent calendar item D and recognized Susan Cole for her service to the Town.

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

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

9. 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.

Gary Bell, Town Attorney, presented the staff report.

Public Hearing held.

The following individuals provided in­person public comment: Allison Benscik and John Wilson.

The following individuals submitted written public comment: California Fuels & Convenience Alliance and Liliana Karesh.

Town Council discussed and took the following action:

A motion was made by Mayor Mohler to table this item to a future meeting after the Council holds the Study Session meeting on October 3, 2023. The motion failed.

A motion was made by Vice Mayor Knight, seconded by Council Member Reeves to Introduce and Waive the First Reading of the Ordinance. The motion carried carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKee­Cant, Council Member Reeves
NOES: 0
ABSTAIN: 0
Town of Yountville Town Council Regular Meeting Page 3
Waive the First Reading of the Ordinance. The motion carried carried by the following vote:

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

Kendra Bruno, Code Compliance Officer, provided staff report.

Public Hearing Held.

The following individual provided in­person public comment: Michael Borck.

Town Council discussed and took the following action:

A motion was made by Vice Mayor Knight, seconded by Council Member Reeves to Introduce and Waive the First Reading of the Ordinance. The motion carried carried by the following vote:

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

11. ADMINISTRATIVE / REGULAR ITEMS
A. 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.

Gary Bell, Town Attorney, provided the staff report.

Public comment held.

The following individual submitted written public comment: Holly Hansen.

Town Council discussed and took the following action:

A motion was made by Vice Mayor Knight, seconded by Council Member Reeves 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
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.

This item was removed from the agenda and will be brought back at a future Town Council meeting.

Town of Yountville Town Council Regular Meeting Page 4

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.

This item was removed from the agenda and will be brought back at a future Town Council meeting.

12. STAFF PRESENTATIONS AND INFORMATIONAL REPORTS
Town Manager Brad Raulston presented an informational update about Town activities. He thanked staff for helping reconfigure the Council Chambers. Additionally, he invited the public to attend the October 3 Town Council Study Session on sustainable efforts from the Town.

13. COUNCIL EXTERNAL MEETING REPORTS
Mayor Mohler report:

Upper Valley Waste Management Agency – The agency sent out a press release regarding dismissal of a lawsuit against the agency.

Napa Valley Flood. Control – Reported on changes to the flood control project involving the flood wall which includes a path that is part of the vine trail and that once it is built it will be owned by the city of Napa.

Napa LAFCO – Held a special meeting workshop. One of the strategic plans is to bring back community­wide discussion on a water and wastewater municipal service review and consider a countywide water and wastewater independent units.

Councilmember Reeves report:

Climate Action Committee – The committee held a meeting to discuss struggles to send out a countywide request for proposal for a climate action plan and will continue discussion on the topic at the next meeting.

14. ADJOURNMENT
A motion was made by Council Member McKee­Cant, seconded by Vice Mayor Knight 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
Adjourned to the Town Council Regular Meeting on Tuesday, October 3, 2023 being held in Town Council Chambers located at 6550 Yount Street.
_____________________
Eddy Gomez, Town Clerk
Date Approved:

Town of Yountville Town Council Regular Meeting Page 5
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Diane Levine, Assistant Planner
PREPARED BY: Diane Levine, Assistant Planner

RECOMMENDATION
Introduce and Wave First Reading of Ordinance 23-524 Amending Sections 17.128.030, 17.128.040, and

17.128.050 of Chapter 17.128 and Section 17.236.010 of Chapter 17.236 of Title 17 of the Yountville Municipal Code to Require a Public Notice and Comment Period for Tree Removal Permits, Require Arborist Reports be Conducted by the Town Consulting Arborist for Tree Removal Permit Applications and Define Town Consulting Arborist, and Finding Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Regulations 15061(b)(3), 15307, and 15308.

DISCUSSION/BACKGROUND
June 20, 2023, Town Council Meeting
During the Town Council meeting held June 20, 2023, members of the Town Council requested to receive an informational report from the Planning and Building Staff regarding a summary of and historical context of Title 17’s Tree Preservation and Management Chapter 17.128 (the “Tree Ordinance”), including information on Heritage Trees.

July 18, 2023, Town Council Meeting
On July 18, 2023, the Planning & Building Department Staff presented a Staff Report for discussion and potential direction from the Town Council regarding Yountville Municipal Code (YMC) Chapter 17.128, Tree Preservation and Management. During the presentation of that Staff Report, Planning & Building Director Irene Borba provided potential additional measures that could strengthen the Town’s review process and increase transparency as to the removal of protected trees that are approved at an administrative level. After a broad discussion regarding trees, Town Manager Raulston suggested an approach to strengthening the Town’s Tree Ordinance in a reasonable manner, which was to take a two (or more) step approach to strengthening the Town’s tree ordinance policies. It is important to note that approaching this extensive topic in multiple steps enables Staff and eventually hired experts (the Town Consulting Arborist) to address each facet appropriately and thoroughly, which will foster a comprehensive analysis while also being considerate of Staff’s workload capacity, and that the amendments discussed herein are just one segment of items that will be brought forward over time based on the discussions and desired outcomes of the Town Council. In addition to the amendments herein, Staff has been working to obtain a Town Consulting Arborist, which will enable the Town Council and Staff to rely on expert opinion prior to making changes to the Code as needed.

With that in mind, Staff brings forward minor text amendments to the Town’s Municipal Code based on direction from the July 18, 2023 Town Council meeting with the intention of strengthening the Town’s Tree Removal Application process. As proposed, the text amendments will require notice be sent to all property owners within 300 feet of a property containing a tree subject to a Tree Removal Permit Application before such permit is approved, to increase transparency with such matters. The notice will also allow for a 10-day comment period.

Subsequently, comments received can be taken as additional information analyzed during the determination process. This text amendment and all other text amendments can be seen in Exhibit A. The text amendments will also require that the Town Consulting Arborist conduct any opinions/reports related to proposed tree removals to ensure an impartial assessment by a well-qualified certified arborist who is familiar with the Town’s dedication to tree preservation and management as well as all regulations related to tree removals. Engaging a Town Consulting Arborist will not only facilitate the assessment of proposed tree removals but also provide expertise in enhancing the broader undertaking of this initiative. This expert will be able to delve into additional significant improvements to the tree ordinance and address more specific questions that require more in-depth knowledge and analysis. Staff intends to promote the revised procedure by utilizing water bill mailings, including an informational letter informing individuals that the Town’s Consulting Arborist will now be involved in generating arborist reports in relation to proposed tree removals.

After hiring the Town Consulting Arborist, it is the goal of the Planning & Building Department to conduct further analysis of the Tree Ordinance to the satisfaction of the Town Council.

September 12, 2023, Zoning & Design Review Board Meeting Public Comment
The Town received two public comments at the September 12th Zoning & Design Review Board (ZDRB) meeting in response to the proposed amendments, which have been included as Attachment B. One comment explicitly stated the commenter’s encouragement for the ZDRB to recommend approval of the amendments. The second comment intended to make a connection between the value of trees as they relate to climate change and recognized that Yountville is making efforts towards the necessary shifts to support the fight against climate change.

Zoning & Design Review Board Recommendation and Discussion The ZDRB made a recommendation to the Town Council to adopt the amendments as presented with the modification that the Town Arborist report be conducted prior to the notice and comment period. The recommended modification allows the Town Consulting Arborist’s determination of tree removal eligibility to be included in the notice followed by the 10-day comment period. This would also prevent notices being sent out to neighbors pertaining to an Applicant’s request should it ultimately result in a denial. The recommended modification does not result in a need to revise the text amendments presented at the September 12, 2023 ZDRB meeting nor text amendments presented to the Town Council on October 3, 2023.

One comment made by the ZDRB was whether the amendments met a portion of number two (#2) of the findings required by Section 17.184.060, which can be found below. The comment suggested that the amendments would make the Tree Removal Application process more difficult for the applicant and therefore, to say the amendments would not be detrimental to the convenience of the Town would be inaccurate. Staff explained the amendments should not be viewed as detrimental to the Town’s convenience. Rather, the inclusion of a Town Consulting Arborist, along with the utilization of their expertise, would provide Staff with convenient and reliable expert opinions for tree reports and in turn instill greater confidence in tree reports by both the Town and hopefully the community.

The ZDRB asked clarifying questions of Staff pertaining to when an application is required, what trees require a Tree Removal Permit Application, whether trees excepted from the Tree Removal Permit requirement should also require an application and the like. These inquiries/discussion items did not pertain to the subject matter for vote, but the Board was told these are items that can be brought to the Town Council for consideration be that through public participation at the Town Council meeting or as part of a later segment of the Tree Ordinance review process. That portion of the discussion and the full ZDRB item discussion can be accessed through the Town website or by copying and pasting the following link into your web browser:
https://yountvilleca.new.swagit.com/videos/271390 .

FINDINGS REQUIRED BY YMC 17.184.060
Staff believes the Town Council can make the findings required by 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 and programs aimed at tree preservation and management. The proposed Ordinance is consistent with the General Plan objectives, policies, and implementation programs of the Open Space + Conservation Element. The following goals and policies are furthered by the proposed text amendments.
• General Plan Goal OS-5: Protect and preserve trees, native vegetation, riparian habitat, and sensitive natural communities that provide ecological, economic, and aesthetic benefit. o OS-5.1a: Tree Management. Continue to regulate the removal, cutting, and other activities detrimental to trees, and require replanting of replacement trees as feasible. • General Plan Goal QL-1: Maintain a high quality of life in Yountville. o QL-1.1: Preserve and enhance the quality of life in Yountville by prioritizing the needs and desires of the residents in governmental decision-making and delivery of services.

Because the amendment will require public notice with a 10-day comment period to review Tree Removal applications, the amendment allows for more input from residents prior to decisions made on an administrative level.

Additionally, the adoption of an Ordinance that would require a Public Notice with a 10-day comment period and require the use of a Town consulting arborist for Tree Removal Permit applications would help strengthen existing processes and procedures outlined in the Yountville Municipal Code.

The proposed ordinance amendments are also consistent with the General Plan Sustainability Theme.

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 would not impact Zoning or Land Use Maps.

ENVIRONMENTAL REVIEW
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3) 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 15307 (actions by regulatory agencies for the protection of natural resources) and 15308 (actions by regulatory agencies for the 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 require the Town to issue a Public Notice and allow for a 10-day comment period and require the use of the Town’s consulting arborist for Tree Removal Permit applications in all zoning districts. No increase in tree removal activity would occur because of the text amendments. It is likely that if any change occurs, it will be that of fewer tree removal approvals due to a Town consulting arborist implementing the Town’s desires for tree protection and mitigation over removal.

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 the 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 aim to strengthen the existing regulatory process by incorporating a 10-day comment period and protection of natural resources by ensuring arborist reports accompanying Tree Removal Permit applications are conducted by an unbiased party.

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 the 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 aim to reduce the margin of error in the applicability of exceptions to the Tree Removal Permitting process

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? Yes

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Indirectly
If yes, Identify Strategic Goal and Objective. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, and trails, and quality programs and events.

Briefly Explain Relationship to Strategic Plan Goal and Objective. The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, trails, and quality programs and events. The Town’s tree removal process ensures that appropriate consideration is given to each request to remove a tree to maintain the Town's urban forest.

Town of Yountville
Ordinance Number 23-524

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING THE YOUNTVILLE MUNICIPAL CODE TO AMEND SECTIONS 17.128.030,

17.128.040, 17.128.050 of Chapter 17.128 AND SECTION 17.236.010 OF CHAPTER 17.236 OF TITLE 17 TO REQUIRE A PUBLIC NOTICE AND COMMENT PERIOD FOR TREE

REMOVAL PERMITS, REQUIRE ARBORIST REPORTS BE CONDUCTED BY THE TOWN

CONSULTING ARBORIST FOR TREE REMOVAL PERMIT APPLICATIONS AND DEFINE

TOWN CONSULTING ARBORIST, AND FINDING THE AMENDMENTS TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, On March 15, 2022, the Mayor and Town Council issued a Proclamation declaring that the climate emergency exists and committed to providing leadership and services in partnership with residents, community organizations, businesses, Napa County and regional jurisdictions to educate, mobilize, and accelerate support for comprehensive and sustained climate action to reduce harmful environmental impacts and strive to achieve a goal of net zero climate pollution.

WHEREAS, On April 18, 2023, the Mayor and Town Council issued a Proclamation declaring a Climate Emergency.

WHEREAS, On June 20, 2023, the Town Council requested an informational report with a summary and historical context of the Yountville Municipal Code (YMC) Chapter 17.128 (“Tree Preservation and Management”) from the Town’s Planning & Building Department; WHEREAS, On July 18, 2023, the Town Council was provided an informational report for YMC Chapter 17.128 and was asked to conduct a discussion and provide potential direction for increased tree protection measures, which resulted in a motion directing staff to bring back amendments to the YMC requiring a public notice and comment period for all Tree Removal Permit applications and a Town Consulting Arborist to prepare all reports for such applications; WHEREAS, The Zoning & Design Review Board (ZDRB) conducted a duly noticed public meeting held on September 12, 2023, in which the ZDRB recommended approval of the ordinance with the modification that notification to adjacent property owners within 300 feet be sent after the Town’s Consulting Arborist has confirmed eligibility for removal; WHEREAS, Notice of the Town Council public hearing was prepared and displayed in accordance with state law;
WHEREAS, The Town Council conducted a duly noticed public hearing on October 3, 2023, to receive comments and input from the public.

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 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.

SECTION 3. CODE AMENDMENT: Section 17.128.030, Hazard Reduction and Prevention of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

A. The following preventative measures shall be taken to reduce hazard risks.

1. Plant trees that are not problematic and that fit the site. The International Society of Arboriculture (ISA) has developed a list to assist property owners in avoiding trees that may become a problem.

2. A healthy, vigorous tree that receives regular care is less likely to become hazardous than one that is ignored. Prevention is the best solution to the tree hazard problem.

3. The risk of hazard may be reduced by removing dead and broken branches, reducing branch end weights, by mechanically supporting weak branches from below, or by cabling and bracing.

4. In some cases, hazards may be eliminated by removing picnic tables or other items beneath a precarious tree, fencing to prevent access to such trees, or rerouting pedestrian or vehicular traffic.

B. Where a hazard can be reduced to a less than significant level or hazard, as determined by the Town Consulting Arborist or other certified arborist in a written tree report, all reasonable mitigation measures shall be taken.

Where there are two or more conflicting tree reports, the Planning Officer in consultation with the Town Consulting Arborist shall make the final determination on a hazardous rating.

SECTION 4. CODE AMENDMENT: Section 17.128.040, Permit Required of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

A. Applicability. Except as provided in subsection B of this section, no person may destroy or remove any of the following protected trees from any private property without first obtaining a tree removal permit, in accordance with this chapter:

1. A heritage tree identified in the Heritage Tree Survey;

2. Any native oak tree with a trunk that measures 10 inches diameter at breast height (DBH) (equal to 31 inches in circumference) or more;

3. Any tree with a trunk that measures 12 inches DBH (equal to 38 inches in circumference) or more or a multi-stemmed perennial plant having an aggregate DBH of 20 inches (equal to 63 inches in circumference) or more;

4. A tree shown to be preserved on an approved development entitlement or specifically required by the Town Council or Zoning and Design Review Board to be retained as a condition of approval of an entitlement; or

5. A tree required to be planted as a replacement tree.

B. Exceptions. A tree removal permit is not required under subsection A if:

1. Prior to removal, the Town Consulting Arborist concludes, with an arborist report paid for by the property owner if deemed necessary by the Planning Officer, that the tree is dead and the Planning Officer approves the removal.

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

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

4. Prior to removal, the Planning Officer determines that the tree constitutes a hazard or threat to the public health and safety or property in the vicinity in cases where one or more of the following apply:
i. The tree (or trees) in question is dying, diseased or has been substantially damaged and will likely in the near term threaten the health and safety of persons or property improvements in the immediate vicinity and such disease or threat is verified in writing by a licensed tree surgeon or certified arborist. Prior history of poor maintenance affecting the health of the tree may invalidate grounds for removal of an unhealthy tree; or
ii. The tree (or trees) in question is classified as a pyrophyte, including Monterey Pine, Bishop Pine, Acacia, and Eucalyptus species; or iii. Tree removal or alteration is by a public agency or public utility to provide for the routine maintenance of public land or public utilities; or iv. Tree removal or alteration is by a homeowner or a homeowner’s association when it can be demonstrated that the tree is causing damage to a utility that cannot be relocated and mitigation measures are not feasible.

SECTION 5. CODE AMENDMENT: Section 17.128.050, Permit Application of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

Applications for tree removal permits shall be submitted to the Town on forms provided by the Planning & Building Department. There shall be a fee for this permit as established by resolution of the Town Council as a part of the Town’s Master Fee Schedule. The fee shall cover the full costs to the Town to process the application including, without limitation, the costs of the Town Consulting Arborist. Upon completion of the application and submittal of all supporting documents and fees, the Planning & Building Department shall send notice to all property owners within 300 feet of the subject property and adhere to a 10-day comment period before issuing a Tree Removal Permit.

A. An application for tree removal permit shall be required for all protected trees.

B. Applications shall be submitted to the Planning & Building Department and shall be accompanied by the following information.

1. When combined with a larger development application, a preliminary site plan and grading plan showing the number, size, type, and location of tree(s) to be removed and trees to be preserved, and the location of all existing and proposed improvements on the property. The plan shall include the approximate driplines of all trees on-site and trees located on adjacent properties with canopies overhanging the project site.

2. When not combined with a larger development application, a site plan showing the number, size, type, and location of the tree(s) to be removed and all existing improvements on the property.

3. The property owner’s name, address, and telephone number.

4. The name, address, phone number, and business license number of the company or individual to remove the tree(s).

5. Specific reasons for requesting removal of the tree(s).

C. The Town Consulting Arborist shall prepare an arborist report for review and use by the Planning & Building Department in reviewing the application and making decisions and findings pursuant to Section 17.128.060.

D. Application for and granting of a permit may be jointly considered with an application for any other development entitlement which may be required.

SECTION 6. CODE AMENDMENT: Section 17.236.010, Definitions of Title 17 of the Yountville Municipal Code is hereby amended to add the following definition in alphabetical order:
“Town Consulting Arborist” means a certified arborist employed or retained by the Town to conduct tree reports, review third-party tree reports, or otherwise administer Yountville Municipal Code Chapter 17.128.

SECTION 7. 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 and programs aimed at tree preservation and management. The proposed Ordinance is consistent with the General Plan objectives, policies, and implementation programs of the Open Space + Conservation Element. The following goals and policies are furthered by the proposed text amendments.
• General Plan Goal OS-5: Protect and preserve trees, native vegetation, riparian habitat, and sensitive natural communities that provide ecological, economic, and aesthetic benefit. o OS-5.1a: Tree Management. Continue to regulate the removal, cutting, and other activities detrimental to trees, and require replanting of replacement trees as feasible. • General Plan Goal QL-1: Maintain a high quality of life in Yountville. o QL-1.1: Preserve and enhance the quality of life in Yountville by prioritizing the needs and desires of the residents in governmental decision-making and delivery of services.

Because the amendment will require public notice with a 10-day comment period to review Tree Removal applications, the amendment allows for more input from residents prior to decisions made on an administrative level.

Additionally, the adoption of an Ordinance that would require a Public Notice with a 10-day comment period and require the use of a Town consulting arborist for Tree Removal Permit applications would help strengthen existing processes and procedures outlined in the Yountville Municipal Code.

The proposed ordinance amendments are also consistent with the General Plan Sustainability Theme.

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 would not impact Zoning or Land Use Maps.

SECTION 8. CEQA: 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 15307 (actions by regulatory agencies for the protection of natural resources) and 15308 (actions by regulatory agencies for the 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 require the Town to issue a Public Notice and allow for a 10-day comment period and require the use of the Town’s consulting arborist for Tree Removal Permit applications in all zoning districts. No increase in tree removal activity would occur because of the text amendments. It is likely that if any change occurs, it will be that of fewer tree removal approvals due to a Town consulting arborist implementing the Town’s desires for tree protection and mitigation over removal.

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 the 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 aim to strengthen the existing regulatory process by incorporating a 10-day comment period and protection of natural resources by ensuring arborist reports accompanying Tree Removal Permit applications are conducted by an unbiased party.

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 the 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 aim to reduce the margin of error in the applicability of exceptions to the Tree Removal Permitting process.

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.

SECTION 9. 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 10. 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 11. 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 12. 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 3rd day of October 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 Bell, Town Attorney
320471.v1

EXHIBIT A
*Red text indicates new language. Strike-through indicates language to be removed.

Section 17.128.050, Permit Application of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

Applications for tree removal permits shall be submitted to the Town on forms provided by the Planning & Building Department. There shall be a fee for this permit as established by resolution of the Town Council as a part of the Town’s Master Fee Schedule. The fee shall cover the full costs to the Town to process the application including, without limitation, the costs of the Town Consulting Arborist. Upon completion of the application and submittal of all supporting documents and fees, the Planning & Building Department shall send notice to all property owners within 300 feet of the subject property and adhere to a 10-day comment period before issuing a Tree Removal Permit.

A. An application for tree removal permit shall be required for all protected trees.

B. Applications shall be submitted to the Planning & Building Department and shall be accompanied by the following information.

1. When combined with a larger development application, a preliminary site plan and grading plan showing the number, size, type, and location of tree(s) to be removed and trees to be preserved, and the location of all existing and proposed improvements on the property. The plan shall include the approximate driplines of all trees on-site and trees located on adjacent properties with canopies overhanging the project site.

2. When not combined with a larger development application, a site plan showing the number, size, type, and location of the tree(s) to be removed and all existing improvements on the property.

3. The property owner’s name, address, and telephone number.

4. The name, address, phone number, and business license number of the company or individual to remove the tree(s).

5. Specific reasons for requesting removal of the tree(s).

C. An arborist report shall be submitted as part of the permit application if determined necessary by the Planning Officer. The adequacy of the tree report shall be subject to determination by the Planning Officer, who may hire a consulting arborist at the expense of the applicant to provide a peer review of the methodology, sufficiency, and conclusions of the submitted report. The Town Consulting Arborist shall prepare an 320471.v1
arborist report for review and use by the Planning & Building Department in reviewing the application and making decisions and findings pursuant to Section 17.128.060.

D. Application for and granting of a permit may be jointly considered with an application for any other development entitlement which may be required.

Section 17.128.030, Hazard Reduction and Prevention of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

A. The following preventative measures shall be taken to reduce hazard risks.

1. Plant trees that are not problematic and that fit the site. The International Society of Arboriculture (ISA) has developed a list to assist property owners in avoiding trees that may become a problem.

2. A healthy, vigorous tree that receives regular care is less likely to become hazardous than one that is ignored. Prevention is the best solution to the tree hazard problem.

3. The risk of hazard may be reduced by removing dead and broken branches, reducing branch end weights, by mechanically supporting weak branches from below, or by cabling and bracing.

4. In some cases, hazards may be eliminated by removing picnic tables or other items beneath a precarious tree, fencing to prevent access to such trees, or rerouting pedestrian or vehicular traffic.

B. Where a hazard can be reduced to a less than significant level or hazard, as determined by the Town Consulting Arborist or other a certified arborist in a written tree report, all reasonable mitigation measures shall be taken.

C. Where there are two or more conflicting tree reports, the Planning Officer in consultation with the Town consulting arborist Consulting Arborist shall make the final determination on a hazardous rating.

Section 17.128.040, Permit Required of Title 17 of the Yountville Municipal Code is hereby amended to read as follows:

A. Applicability. Except as provided in subsection B of this section, no person may destroy or remove any of the following protected trees from any private property without first obtaining a tree removal permit, in accordance with Section

17.128.060 of this chapter:

1. A heritage tree identified in the Heritage Tree Survey; 320471.v1

2. Any native oak tree with a trunk that measures 10 inches diameter at breast height (DBH) (equal to 31 inches in circumference) or more;

3. Any tree with a trunk that measures 12 inches DBH (equal to 38 inches in circumference) or more or a multi-stemmed perennial plant having an aggregate DBH of 20 inches (equal to 63 inches in circumference) or more;

4. A tree shown to be preserved on an approved development entitlement or specifically required by the Town Council or Zoning and Design Review Board to be retained as a condition of approval of an entitlement; or

5. A tree required to be planted as a replacement tree.

B. Exceptions. A tree removal permit is not required under subsection A if:

1. Prior to removal, the owner submits a tree report by a certified arborist verifying the tree as dead and receives approval for removal from the Planning Officer.Prior to removal, the Town Consulting Arborist concludes, with an arborist report paid for by the property owner if deemed necessary by the Planning Officer, that the tree is dead and the Planning Officer approves the removal.

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

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

4. Prior to removal, the Planning Officer determines that the tree constitutes a hazard or threat to the public health and safety or property in the vicinity in cases where one or more of the following apply:
i. The tree (or trees) in question is dying, diseased or has been substantially damaged and will likely in the near term threaten the health and safety of persons or property improvements in the immediate vicinity and such disease or threat is verified in writing by a licensed tree surgeon or certified arborist. Prior history of poor maintenance affecting the health of the tree may invalidate grounds for removal of an unhealthy tree; or ii. The tree (or trees) in question is classified as a pyrophyte, including Monterey Pine, Bishop Pine, Acacia, and Eucalyptus species; or 320471.v1
iii. Tree removal or alteration is by a public agency or public utility to provide for the routine maintenance of public land or public utilities; or iv. Tree removal or alteration is by a homeowner or a homeowner’s association when it can be demonstrated that the tree is causing damage to a utility that cannot be relocated and mitigation measures are not feasible.

Section 17.236.010, Definitions of Title 17 of the Yountville Municipal Code is hereby amended to add the following definition in alphabetical order:
“Town Consulting Arborist” means a certified arborist employed or retained by the Town to conduct tree reports, review third party tree reports, or otherwise administer Yountville Municipal Code Chapter 17.128.

Hello, Members of the Yountville Zoning and Design Review Board, My name is Allison Bencsik. I am writing on behalf of Napa Schools for Climate Action. My Co-President, Liliana Karesh, and I have previously presented. During that time, we requested an ordinance to prohibit new and expanding gas stations and a strengthened tree protection ordinance to maintain and enhance carbon sinks.

In 2022, the Town of Yountville declared a Climate Emergency and pledged to achieve net zero Greenhouse Gas Emissions by 2030. These goals require deviating from the status quo, and we are excited to see the town pursuing more significant measures for tree protection.

Climate-safe tree management should aim to protect and enhance carbon stored by the urban forest in Yountville. This includes – stopping cutting down more trees, as this releases even more carbon into the atmosphere, which causes more GHGs, which also causes the blanket of heat, which increases the global temperature. This also calls for protecting all living trees, and this is vital, as this is extremely important to keep the living trees safe because we do not have enough time left in the climate emergency to wait for newly seeded and planted trees to grow to a mature age at which they can sequester carbon at a similar rate as the currently old and mature trees that are living today.

Yountville is leading the way in these efforts, and working towards this new approach is part of the necessary shifts that we must make if we want to sustain and restore our climate.

With gratitude,
Allison Bencsik
Napa Schools for Climate Action
Note: I am unable to attend today and know that I am sending this comment in too late for my comment to be read aloud during today's meeting. Many thanks for your time and consideration.

Dear Zoning and Design Review Board Members,
As a parent who cares deeply about today’s children having the chance at a sustainable future, I just wanted to take a moment this afternoon to encourage you to support Resolution 23-002 recommending the Town Council amend Yountville Municipal Code to require a public notice and comment period for Tree Removal Permit applications, that arborist reports be conducted by the Town Consulting Arborist for Tree Removal Permit applications, and define Town Consulting Arborist. This resolution is in alignment with the Climate Emergency Proclamation adopted by Yountville Town Council last year and is a conscious action step forward in addressing the climate crisis.

Thank you for listening to the recommendations of Napa Schools for Climate Action youth and for doing all you can to address our planetary crisis within this crucial decade.

Sincerely,
Lori Stelling
(Napa Valley Resident - 25 years)
From: Lori Stelling
To: Public Comment
Cc: Margie Mohler; Eric Knight; Hillery Trippe; Robin McKee-Cant; Pamela Reeves Subject: [EXTERNAL] COMMENT TO COUNCIL RE: AGENDA ITEM 10A Date: Monday, October 2, 2023 6:38:21 PM
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation.

Note: I am aware that this comment missed today’s 4:00pm deadline to be read during tomorrow’s meeting. Many thanks for your time and consideration.

Dear Yountville Town Council Members,
As a parent who has been following and supporting the work of the youth leaders of Napa Schools for Climate Action since its inception, I wanted to take a moment to thank you for listening to the students’ recommendations with regard to tree protections and encourage you to support the staff and Zoning and Design Review Board’s recommendation
to pass Ordinance 23-524 with the amendments to require a public notice and comment period for Tree Removal Permit applications, that arborist reports be conducted by the Town Consulting Arborist for Tree Removal Permit applications, and define Town Consulting Arborist. This Ordinance is in alignment with the Climate Emergency Proclamations adopted by Yountville Town Council in 2022 and 2023 and is a conscious action step forward in meeting Yountville's goal of reaching net zero climate pollutants by the 2030 target.

Thank you for your essential work of addressing the climate crisis with a sense of urgency, on behalf of today’s children and all life on our planet home.

Sincerely,
Lori Stelling
(Napa Valley Resident - 25 years)
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Kendra Bruno, Code Compliance Officer
PREPARED BY: Kendra Bruno, Code Compliance Officer

RECOMMENDATION
Consider Adoption of Resolution Number 23-4232 Approving Special Event Bouchon Bistro Application to Close Washington Street for Their 25th Anniversary Celebration on Saturday, October 14, 2023.

DISCUSSION/BACKGROUND
The Town of Yountville received a special event and sound amplification application from Bouchon Bistro to host a special event on Saturday, October 14 to celebrate the restaurant's 25th anniversary. The event will take place from 5 pm to 10 pm, with traffic control and the street closure being requested to start at 2 pm and last until midnight. The sound amplification application is requesting an amplified sound from 5:00 p.m. to 10:00 p.m. The Special Event application shows the request for a stage in the middle of Washington Street, in which the amplified sound would take place on said stage and face towards Bouchon Bistro and Bakery.

Working with the applicant, Town Staff has drafted the attached Special Event Permit and Conditions, which takes several measures to try and mitigate the impacts of the street closure on a busy weekend. Message board signage, flaggers directing pedestrian traffic, and a traffic control company for the street closure.

All other requirements (solid waste management, Certificate of Insurance, etc) have been approved and are within the normal aspects of special events.

Town staff has expressed some concern for the following:
• Duration of the street closure; and
• Might set a precedent for future requests of street closures.

The last Washington Street closure took place in 2014, for the French Laundry’s 2014 20th celebration.

PARKING PLANS/RESTRICTIONS:

A parking plan has been received and reviewed by the Sheriff's Department and the 42 required parking based on the Yountville Municipal Code and full-service restaurant parking spots requirements. When completing a comparison to other jurisdiction’s requirements, this ratio of 3 seats/persons to 1 parking spot (3:1) was comparable to Napa County (3:1), Placer County (2.5:1), Huntington Park (4:1) for parking requirements for special events or conference centers, respectively. The Edward J Courtyard has 35 parking spaces and Bouchon Bistro has requested to use parking at Heston Vineyards in addition to staff parking at the Church, which meets the parking spots requirement.

The attached timeline in the application shows that set up and rental deliveries would arrive at 3 pm on October 13th. The Sheriff Department has conditioned that deliveries will not block/stop traffic on Washington street.

ROAD CLOSURE/DELAYS:

As part of this application, the following road closure is coming forward for your approval. • Washington Street closure directly in front of Bouchon Bistro and Bouchon Bakery.

Closure of Washington Street from 2:00 p.m. to 12:00 a.m (midnight) with traffic control in place by a hired contractor, Traffic Management Incorporated, that will have flaggers to assist with pedestrian traffic. Additional conditions are in the draft permit:

Traffic Control Plan: Washington Street will be closed from north of V Marketplace entrance and just south of Estate Yountville’s West Pavilion parking lot for vehicular and pedestrian traffic from 2:00 pm to 12:00 am on 10/14/2023 on the following conditions:
• Traffic Management, Incorporated will set up and remove the street closure and detour with the fully burdened cost.
• Traffic Management, Incorporated will provide flaggers at both ends of the closure to direct both event guests as well as pedestrians for the duration of the closure. • The applicant agrees to notify all affected neighboring residents and businesses in writing of the closure.

Notifications must be sent or delivered to all addresses along Washington Street from Yount Street to Humboldt street and provide copies to the Town via email at [email protected]. • The applicant agrees to the cost of $208 per electronic message sign to be placed on Washington Street south of Webber and Madison at Washington St. for a total of 2 = $416.00 TRAFFIC CONTROL PLAN:

A traffic control plan has been received and reviewed by CalFire and the Public Works Department.

CalFire concluded the following: See COA from CalFire (Exhibit B) included in the Draft Permit File.

Public Works conditioned the following: Traffic control plans subject to field changes as needed.

CONCLUSION/RECOMMENDATION:

If all requirements and conditions are met, the Town of Yountville staff, Sheriff Department, and CalFire have not found any safety issues that would require a denial.

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

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? No
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? 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. By working with local businesses to ensure events success, we are helping to strengthen the tourism economy.

Town of Yountville
Resolution Number 23-4232

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE

APPROVING SPECIAL EVENT APPLICATION FOR BOUCHON BISTRO TO CLOSE WASHINGTON STREET FOR THEIR 25TH ANNIVERSARY CELEBRATION ON SATURDAY, OCTOBER 14, 2023.
___________________________________________________________________________ Recitals
A. The Town of Yountville approves many special events throughout the year to enhance our community and sense of place.

B. On September 11, 2023 the Town received an application for a special event permit, sound amplification permit, and the temporary closure of Washington Street for Bouchon Bistro and Thomas Keller Restaurant Group (the “Event Holder”) to host a celebration for Bouchon Bistro’s 25th anniversary.

C. This is a momentous celebration for the restaurant and legacy it has within the Town.

D. Streets & Highways Code section 1920 authorizes the Town Council to close streets from vehicular or pedestrian traffic by resolution.

E. Yountville Municipal Code (YMC) sections 8.24.050 and 8.24.060 authorize the Town Manager or designee to issue or conditionally issue special event permits based on certain findings.

F. YMC section 8.04.050(B) authorizes the Town Manager to grant or conditionally grant sound application permit applications based on certain findings.

G. In order to provide amplified sound and create a larger space for activity, the Event Holder is requesting the closure of Washington Street directly in front of Bouchon Bistro and Bouchon Bakery.

H. As required by YMC section 8.24.050, the Town Manager has found the special event:
(A) will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location; (B) is not reasonably likely to cause injury to persons or property; and (C) is not held for the sole purpose of advertising any product, goods, wares, merchandise or event and is not designed to be held purely for private profit.

I. As required by YMC section 8.040.050(B), the Town Manager has determined the sound amplification will be conducted in such a manner as not to unreasonably disturb the neighbors or other persons in the vicinity of the sound application and the steps to be taken to minimize or avoid any such disturbances will be adequate.

J. The Event Holder has hired a traffic control management company to provide a traffic control plan that has been reviewed and approved by Public Works and CalFire.

K. The street closure is necessary for the safety and protection of persons who are to use that portion of the street during the celebration.

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

1. The Town Council hereby approves the street closure of Washington Street for Bouchon Bistro’s 25th Anniversary Party on October 14, 2023 between the hours of 2:00 p.m. and 12:00 a.m.

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 3rd day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

Bouchon Bistro 25th Anniversary Party
• Set Up / Rental Deliveries to Arrive at 3 p.m. on 9/13 • Traffic Control of Washington Street to begin at 4p.m. on 9/14 • Guest Arrival 5 p.m.
• Guest to exit at 10 p.m.
• Breakdown of event begins at 10:30 p.m.

STATE OF CALIFORNIA

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL

ALCOHOLIC BEVERAGE LICENSE

VALID FROM
Sep 01 , 2023

TYPE NUMBER DU P
4/ 14431 8

ON-SALE GENERAL EATING PLACE

YOUNTVILLE FOOD EMPORIUM LLC
6540 WASHINGTON ST
YOUNTVILLE, CA 94599-1315

EXPIRES
Aug 31, 2024
AREACGuL RENEWAL
2804 27
BUSINESS ADDRESS OBA: BOUCHON RESTAURANT
(I F DIFFERENT) 6534 & 6528 WASHINGTON ST
YOUNTVILLE, CA 94599
OWNERS: YOUNTVI LLE FOOD EMPORIUM LLC

IMPORTANT INFORMATION

CONDITIONS
EFFECTIVE PERIOD: This license is effective only for the operating period shown above. A new license will be sent 4 to 6 weeks after the expiration date on your license if payment is timely. Your .. cense status will remain in good standing for 60 days after the expiration date if the renewal payment was received timely. To check the status of your license, visit http://www.abc.ca.gov/datport/LQSMenu.html.

RENEWAL NOTICES: Renewal notices are sent to premises address unless a specific mailing address is requested. If a notice is not received 30 days before expiration date shown above, contact the neare · BC office. To assure receipt of notices, advise your local ABC office of any change in address.

RENEWAL DATES: It is the licensee's responsibility to pay the required renewal fee by the expiration date shown above.

A Penalty is charged for late renewal and the license can be automatically revoked for failure to pay.

RENEWAL PAYMENTS: Renewal payments can be made in person by visiting your local office or sent by mail to ABC Headquarters, 3927 Lennane Drive, Suite 100, Sacramento, CA 95834. If you do not have your renewal notice, your license number and the reason for payment (ex. ?renewal?) must be clearly indicated on the check. You can contact your local ABC office for your renewal fee amount.

SEASONAL LICENSES: It is the licensee's responsibility to pay the required renewal fee prior to the next operating period.

POSTING: Cover this license with glass or other transparent material and post it on premises in a conspicuous place.

CONDITIONS: A copy of all applicable conditions must be kept on premises.

LICENSEE NAME: Only 10 names will be printed on each license. If there are more names associated with the license, they will be indicated by "AND XX OTHERS". All names are on file and available upon request from your local ABC office.

DBA: If you change your business name please notify your local ABC office.

If you have any questions regarding this license, contact your local ABC office. You can find the contact information for each district office at http://www.abc.ca.gov/distmap.html.

NOTE: CONTACT YOUR LOCAL ABC OFFICE IF YOUR LICENSED PREMISES WILL BE TEMPORARILY CLOSED FOR MORE THAN 15 DAYS OR WILL BE PERMANENTLY CLOSED.
http://www.abc.ca.gov
Cl @ca_abc 11 CaliforniaABC

Page 1 ends

BOUCHON BISTRO 25th ANNIVESARY SOLID WASTE PLAN
Our teams have been trained in Compost, Recycling and Waste removal working in collaboration with the Upper Valley Disposal Services. Although we do not anticipate additional waste compared to our normal use our team is prepared to clear and sort all compost, waste & recycling. Our facility is prepared with the following:
(2) - 4-Yard Garbage dumpsters placed in the approved covered location (2) - 4- Yard Cardboard Recycling Dumpsters
(6) - 64 gallon Food Waste Carts
(3) - 96 Gallon Mixed Recycling Carts
(4) - 96 Gallon Mixed Recycling Carts
(6) Waste/Recycling/Compost bins will be located throughout the event.

Our team will work to maintain the spaces in which the event it occupied and to sort the waste based on our training.

Edward James Courtyard -
Used for additional parking. All
deliveries to be before 10 a.m.
on Friday/Sat. using this
parking lot if there are any
obstructions to Bouchon’s
parking lot.

PARKING PLAN
• Parking Lot to be Accessible for Deliveries Until 10/16 • Private Event Parking to be Provided to Guest at EJC

10X16
STAGE

TEMPORARY

FENCING /

HEDGE WALL
EXIT

PARKING LOT CLOSED FOR
SPECIAL EVENT 5-11P.M.
35 SPACES
High Top Tables

ENTRY BAR
Check -In
Table
Weather
ConMngent
10X20 Tent
Napa County Fire Department
Fire Marshal’s Office
Hall of Justice, 2nd Floor
1125 3rd Street
Napa, CA 94559
Office: (707) 299-1464
Jake White
Fire Marshal
Special Event Operations Requirements
TO: Alex Laos DATE: 9/25/2023
FROM: Jason Downs, Deputy Fire Marshal PERMIT # EVNT-23-18 SUBJECT: Bouchon Bistro -25th Anniversary Party APN: 6534 Washington Street The Napa County Fire Marshal’s Office has reviewed the submittal package for the temporary events. The Fire Marshal approves the temporary event as submitted with the following conditions of approval:

Fire and Life Safety Requirements
● Inspection by the Fire Department is required prior to occupancy or event. ● Every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space, for the intended configurations. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or the owner’s authorized agent. (CFC 1004.9).
● For events with 500 people or more crowd managers shall be provided for the event per CFC 403.11.3. No fewer than 2 trained crowd managers, and not fewer than 1 crowd manager per every 250 people or a portion thereof shall be provided per CFC 403.11.3.1
Crowd managers shall presume all the following duties per CFC 403.11.3.3:

1. Conduct an inspection of the area of responsibility and address egress barriers

2. Conduct an inspection of the area of responsibility to identify and mitigate any fire hazards

3. Verify compliance with all permit conditions.

4. Direct and assist the event attendees in the evacuation during an emergency

5. Assist emergency response personnel where requested

6. Other duties required by the fire code official

7. Other duties as specified by the fire safety plan
Exhibit B
Napa County Fire Department
Fire Marshal’s Office
Hall of Justice, 2nd Floor
1125 3rd Street
Napa, CA 94559
Office: (707) 299-1464
Jake White
Fire Marshal
Special Event Operations Requirements
● If the event is outdoors all electrical equipment and wiring shall be labeled for outdoor use per CFC 3106.1
Fire Department Access
● Emergency lanes for fire access shall maintain 20' in width per CFC 503.2.1 ● Building exits and fire lanes shall not be blocked or obstructed per 503.4 ● Unobstructed access to fire hydrants, drafting sources, and other fire protection features shall be maintained at all times per CFC 3106.2.3.1.

Please note that the comments noted above are based on a Fire Marshal review only. There may be additional comments or information requested from other County Departments or Divisions reviewing this application submittal package.

Detailed information can be found by visiting the Napa County Fire Marshals website and clicking on the link Special Event Guidelines. Should you have any questions, please contact me at (707) 299-1467 or at [email protected].

Town of Yountville
Special Event Permit
This permit must be always in the possession of the onsite event manager during the event and must be produced when requested by Town officials or Public Safety Personnel.

PERMIT # EVNT-23-18 Date
Issued:
10/04/2023
EVENT NAME Bouchon Bistro 25th Anniversary Party
TYPE OF EVENT Celebration of 25 years
DATES of EVENT 10/14/2023
TIMES OF EVENT 5 PM – 10 PM
EVENT LOCATION/S Street closure of Washington street, in front of Bouchon Bistro and Bakery

PROJECTED

ATTENDANCE
300/ 125 at any one Time
EVENT DESCRIPTION Celebrating the 25th anniversary of Bouchon Bistro

SPONSORING

ORGANIZATION
Bouchon Bistro/TKRG
ON SITE MANAGER Alex Laos [email protected] 707-531-2880 See the attached conditions of approval. Permit is valid only if all attached conditions of approval are complied with.

Authorized By:
10/4/2023
Code Compliance Officer

Bouchon Bistro 25th Anniversary Party
Bouchon Bistro/TKRG
6534 Washington Street
10/14/2023
5 PM – 10 PM
Event set up: 2 pm – Midnight

1. Event Logistics: Bouchon Bistro/TKRG is responsible for all event logistics. a. Set up: Set up will take place on 10/13/2023 starting at 3 pm with the understanding and condition of not blocking Washington Street for deliveries per the Sheriff Department.

2. Traffic Control: Washington Street will be closed from north of V Marketplace entrance and just south of Estate Yountville’s West Pavilion parking lot for vehicular and pedestrian traffic from 2:00 pm to 12:00 am on 10/14/2023 on the following conditions:
a. Traffic Management, Incorporated will set up and remove the street closure and detour with the fully burdened cost.
b. Traffic Management, Incorporated will provide flaggers at both ends of the closure to direct both event guests as well as pedestrians for the duration of the closure. c. The applicant agrees to notify all affected neighboring residents and businesses in writing of the closure. Notifications must be sent or delivered to all addresses along Washington Street from Yount Street to Humboldtstreet and provide copies to the Town via email at [email protected].
d. The applicant agrees to the cost of $208 per electronic message sign to be placed on Washington Street south of Webber and Madison at Washington St. for a total of 2 = $416.00

3. Parking Control: Bouchon Bistro/TKRG staff will park at the Church parking lot and Bouchon Bistro is getting transportation for them. Parking will also be found at Edward James Courtyard and Hestan Vineyards, meeting the required 42 spaces per the YMC.

Parking control plan included as an attachment.

4. Street Closure: Street closure of Washington street, directly in front of Bouchon Bistro and Bouchon Bakery on October 14, 2023 from 2 pm to 12 am.

5. Amplified Sound: All amplified sound shall occur in accordance with the Town’s Amplified Sound Permit issued to Bouchon Bistro for this event. Sound Amplification Permit has been approved: AMP-23-??.

6. Insurance: Bouchon Bistro/TKRG shall provide general liability insurance in the amount of $1,000,000 which indemnifies and holds the Town harmless and names the Town as additional insured. Additionally, liquor liability insurance shall be provided by Bouchon Bistro/TKRG in the amount of $1,000,000. Certificate of insurance and endorsement page have been received.

7. Cleanup: Bouchon Bistro/TKRG is to provide appropriate cleanup on impacted streets and at associated facilities during and after the event. Bouchon Bistro/TKRG shall be responsible for ensuring that all litter, trash, signs, and all other items are picked up and removed, respectively.

8. Notification to Area Businesses & Neighbors: Bouchon Bistro/TKRG is responsible for notifying area businesses and residential neighbors about the details of the event including those at the V Marketplace. Addresses will be provided by Town staff for notification purposes.

9. ABC Permits: Verified online – License #344318

10. Napa County Health Department: The Napa County Department of Environmental Health shall be contacted to determine if any special permits are required for the food booths.

11. Temporary Structures: Any tent, canopy or temporary structure shall be approved as part of the Fire Code (Article 32 of the Yountville Municipal Code Sections 15 – 16).

12. Solid Waste Management Plan: The event staff has provided a solid waste plan that includes diverting as much material as possible from landfill. There will be triple streams set up throughout the event space.

13. Filming/Photography: Approved as per application for still photography during the event.

14. Who To Call: In the event there are Town related issues during the event (Restroom Malfunction, Unsafe Conditions), the event holder is asked to call Napa Sheriff Dispatch Non-Emergency at (707) 253-4451 to request assistance.

15. Temporary Structures: Any tent, canopy or temporary structure shall be approved as part of the Fire Code (Article 32 of the Yountville Municipal Code Sections 15 – 16).

16. Law Enforcement: All local traffic laws shall be complied with.

17. Vendors: All vendors doing business within the Town limits shall have a valid Yountville business license.

18. Additional Assistance: If Town staff is called out to assist with the event it will be on a billable overtime basis and the event is fully liable for those costs.

19. CalFire: See Exhibit B with all the Conditions of Approval, including the requirement to easily move the fences to create a fire lane.

Napa County Fire Department
Fire Marshal’s Office
Hall of Justice, 2nd Floor
1125 3rd Street
Napa, CA 94559
Office: (707) 299-1464
Jake White
Fire Marshal
Special Event Operations Requirements
TO: Alex Laos DATE: 9/25/2023
FROM: Jason Downs, Deputy Fire Marshal PERMIT # EVNT-23-18 SUBJECT: Bouchon Bistro -25th Anniversary Party APN: 6534 Washington Street The Napa County Fire Marshal’s Office has reviewed the submittal package for the temporary events. The Fire Marshal approves the temporary event as submitted with the following conditions of approval:

Fire and Life Safety Requirements
● Inspection by the Fire Department is required prior to occupancy or event. ● Every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space, for the intended configurations. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or the owner’s authorized agent. (CFC 1004.9).
● For events with 500 people or more crowd managers shall be provided for the event per CFC 403.11.3. No fewer than 2 trained crowd managers, and not fewer than 1 crowd manager per every 250 people or a portion thereof shall be provided per CFC 403.11.3.1
Crowd managers shall presume all the following duties per CFC 403.11.3.3:

1. Conduct an inspection of the area of responsibility and address egress barriers

2. Conduct an inspection of the area of responsibility to identify and mitigate any fire hazards

3. Verify compliance with all permit conditions.

4. Direct and assist the event attendees in the evacuation during an emergency

5. Assist emergency response personnel where requested

6. Other duties required by the fire code official

7. Other duties as specified by the fire safety plan
Exhibit B
Napa County Fire Department
Fire Marshal’s Office
Hall of Justice, 2nd Floor
1125 3rd Street
Napa, CA 94559
Office: (707) 299-1464
Jake White
Fire Marshal
Special Event Operations Requirements
● If the event is outdoors all electrical equipment and wiring shall be labeled for outdoor use per CFC 3106.1
Fire Department Access
● Emergency lanes for fire access shall maintain 20' in width per CFC 503.2.1 ● Building exits and fire lanes shall not be blocked or obstructed per 503.4 ● Unobstructed access to fire hydrants, drafting sources, and other fire protection features shall be maintained at all times per CFC 3106.2.3.1.

Please note that the comments noted above are based on a Fire Marshal review only. There may be additional comments or information requested from other County Departments or Divisions reviewing this application submittal package.

Detailed information can be found by visiting the Napa County Fire Marshals website and clicking on the link Special Event Guidelines. Should you have any questions, please contact me at (707) 299-1467 or at [email protected].

Event Title: Bouchon Bistro's 25th Anniversary Celebration Event Date: Saturday, October 14th.

Event Time: 5p.m. – 11 p.m.

Event Location: Bouchon Bistro, [Address]
Event Description:

Join us for a night of elegance and gratitude as we celebrate a quarter-century of Bouchon Bistro's culinary excellence and the cherished memories that have graced our tables. We invite you to be a part of this milestone celebration by attending our 25th Anniversary soirée, a special event that pays homage to the rich heritage of French cuisine and the community that has made it all possible.













 



 




 
 



 

  




















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