Agenda packet — Yountville City Council, October 17, 2023

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, October 17, 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. 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 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 NONE

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

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

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

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

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

On local cable TV Channel 28.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. COUNCIL MEMBER ANNOUNCEMENTS

6. PROCLAMATIONS AND RECOGNITIONS NONE

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
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written correspondence delivered to the Town Council at, or before, the Public Meeting.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. COUNCIL MEMBER ANNOUNCEMENTS

6. PROCLAMATIONS AND RECOGNITIONS NONE

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 23524 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.

B. Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
C. Receive and File September 2023 Monthly Financial Report D. Approve Minutes of the regular meeting held on Tuesday, October 3, 2023 and the two special meetings held on Tuesday, October 3, 2023,

9. GUEST PRESENTATIONS NONE

10. PUBLIC HEARINGS NONE

11. ADMINISTRATIVE / REGULAR ITEMS
A. Consider Adoption of Resolution Number 234233 Calling and Giving Notice of the Holding of a Special Municipal Election to be held Tuesday, March 5, 2024, for the submission to the voters of one question related to Measure U (Increase In Appropriations (Gann) Limit) and requesting the Napa County Board of Supervisors consolidate and render specified services to the Town relating to the Conduct of the Statewide Primary Election to be held on the same date.

12. STAFF PRESENTATIONS AND INFORMATIONAL REPORTS

13. COUNCIL EXTERNAL MEETING REPORTS

14. ADJOURNMENT

12. STAFF PRESENTATIONS AND INFORMATIONAL REPORTS

13. COUNCIL EXTERNAL MEETING REPORTS

14. ADJOURNMENT
Adjourn to the Town Council Special Meeting Tuesday, November 7, 2023 at 1:00 p.m.. being held in Town Council Chambers located at 6550 Yount St.

I certify that a copy of this Town Council Agenda was posted at a location freelyaccessible to the public at Yountville Town Hall, 6550 Yount Street within the Town of Yountville, the Friday before the meeting. /s/Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8A
Yountville Town Council Staff Report
DATE: October 17, 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 23-524 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
At the October 3, 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

17.128.030, 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.

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 23-524

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 17th day of October 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
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 3rd day of October 2023. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the 17th 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 17, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director

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

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

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

Update:

1. The temporary river crossing remains in service delivering recycled water to the customers on the east side of the Napa River.

2. The project Geotechnical Engineer has completed the exploratory borings and is now scheduling seismic refraction testing. A portion of this testing is located within active vineyards and scheduling is sensitive to grape harvest needs.

3. Town staff, the civil engineering consultant and environmental consulting firm continue design efforts and have narrowed down the design alternatives to a single preferred alignment. The seismic refraction testing will focus on this proposed alignment.

4. Staff hosted a virtual meeting with the Town’s insurance carrier to update them on the project progress and to further the efforts to receive insurance funds for the repair of the failure.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? Yes
Where is it Budgeted? WW-0042; 63-4518-5100; Recycled Water Transmission Main Repair Is it Mandatory or Discretionary? 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. Responsible Fiscal Policy: The Town maintains its fiscal health through policies designed to maximize economic opportunities, manage expenses, and ensure prudent reserves.

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

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 8C
Yountville Town Council Staff Report
DATE: October 17, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
RECOMMENDATION:

Receive and File September 2023 Monthly Financial Report

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 September 2023 financial report.

September 2023 – 25.0% of the Fiscal Year
TOT collections included in the September 2023 monthly financial report are applicable to July through August 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.

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.

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 property damage 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.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
September 30, 2023
General Fund Revenues
The following is a summary of General Fund revenue by major category as of September 30, 2023.

September is 25.0% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,431,280 197 (2,431,083) 0.0% Note 1
Sales Taxes 1,695,000 129,079 (1,565,921) 7.6% Note 2
Other Taxes 164,000 - (164,000) 0.0%
Transient Occupancy Tax 7,775,000 1,351,664 (6,423,336) 17.4% Note 3 Investment Earnings 45,000 6 (44,994) 0.0%
Licenses & Permits 155,250 58,562 (96,688) 37.7%
Fines & Forfeitures 4,000 7,963 3,963 199.1%
Rents & Concessions 350,197 88,678 (261,519) 25.3%
Intergovernmental 205,000 - (205,000) 0.0%
Parks & Recreation Fees 322,550 109,217 (213,333) 33.9% Charges for Services 184,600 34,719 (149,881) 18.8%
Impact Fees - - - 0.0%
Miscellaneous 123,445 24,728 (98,717) 20.0%
Other Sources - - - 0.0%
Total 13,455,322 1,804,813 (11,650,509) 13.4%
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 2½ - 3months 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
September 30, 2023
General Fund Expenditures
The following is a summary of General Fund Expenditures by major category as of September 30, 2023:

September is 25.0% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 226,858 26,093 (200,765) 11.5%
Non-Departmental 1010 253,700 37,739 (215,961) 14.9%
Town Manager 1101 632,326 164,195 (468,132) 26.0%
Information Technology 1011 - - - 0.0% Note 1
Community Promotion 1015 473,775 163,603 (310,172) 34.5% Finance 1102 815,265 152,001 (663,263) 18.6%
Risk Management 1103 71,150 13,183 (57,967) 18.5%
Town Attorney 1105 226,000 48,432 (177,568) 21.4%
Town Clerk 1110 607,923 118,392 (489,532) 19.5%
Planning & Building 2115 1,261,304 274,838 (986,466) 21.8% Law Enforcement Services 3200 1,271,620 317,778 (953,842) 25.0% Fire & Emergency Services 3201 1,148,000 - (1,148,000) 0.0% Note 2 PW Admin. & Engineering 4301 887,084 190,858 (696,226) 21.5% PW Street Maintenance 4305 459,551 77,786 (381,765) 16.9% PW Park Maintenance 4320 730,015 138,300 (591,714) 18.9% PW Government Bldgs. 4325 607,829 191,974 (415,855) 31.6% Parks & Rec Admin & Services 5405 555,975 133,397 (422,578) 24.0% Parks & Rec Camp Programs 5406 215,453 106,357 (109,096) 49.4% Community Center 5408 361,101 75,207 (285,894) 20.8%
Parks & Rec Leisure Prog. 5410 345,546 69,002 (276,544) 20.0% Parks & Rec Sports Prog. 5412 59,901 17,081 (42,820) 28.5% Parks & Rec Community Events 5413 206,964 57,735 (149,229) 27.9% Yountville Arts 5415 114,574 18,853 (95,720) 16.5%
Total Expenditures 11,531,913 2,392,805 (9,139,108) 20.7% Transfers Out:

Capital Projects Fund 7950 550,000 550,000 - 100.0%
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%
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. * Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2022/2023 budget adjustments

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 5,493 (116,227) 4.5% 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 25,602 (174,398) 12.8% LATA Broadband Development Feasibility Study CP-0029 102,600 - (102,600) 0.0% ADA Accessibility Improvements Program CP-2024 122,000 1,383 (120,617) 1.1% Hydroflush Weirsfrom 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 1,928 (134,900) 1.4% 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 3,928,570 34,405 (3,894,165) 0.9%
Expenditures- Water & Wastewater Budget * Actual Variance % of Budget Upgrade Well SCADA System WA-0018 110,543 19,830 (90,714) 17.9% 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 4,670 (2,004,232) 0.2% Rebuild Sludge Heater & Add Sludge Mixing System WW-0019 250,000 - (250,000) 0.0% Design & Construct HeadworksImprovements 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 Analyzersfor 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 9,222 (935,670) 1.0% 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 66,679 (5,466,838) 1.2%
* Budget includes amountsfor prior year purchase order rollover and reflects all Fiscal Year 2023/2024 budget adjustments.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
September 30, 2023
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 147,600 35,675 (111,925) 24.2% Impact Fees - - - 0.0%
Interest Income 4,500 - (4,500) 0.0%
Transfers from General Fund (01) - - - 0.0%
Transfers from Wtr Op Fund (61) - - - 0.0%
Total Revenues 152,100 35,675 (116,425) 23.5%
Capital Improvement (60-4500) 344,043 19,830 (324,214) 5.8% Total Expenses 344,043 19,830 (324,214) 5.8%
Net Operating Income/(Loss) (191,943) 15,845 207,788
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,667,000 496,338 (1,170,662) 29.8% Interest Income 3,500 - (3,500) 0.0%
Transfer-Water Subsidy (01) 6,000 - (6,000) 0.0%
Total Revenues 1,676,500 496,338 (1,180,162) 29.6%
O & M Expenses (61-4505) 774,932 154,812 (620,120) 20.0% Water Purchases (61-4507) 1,063,296 272,793 (790,502) 25.7% Total Expenses 1,838,228 427,605 (1,410,623) 23.3%
Net Operating Income/(Loss) (161,728) 68,733 230,461
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,531,000 766,524 (1,764,476) 30.3% Interest Income 7,500 - (7,500) 0.0%
Transfer-Wastewater Subsidy (01) 6,000 - (6,000) 0.0%
Total Revenues 2,544,500 766,524 (1,777,976) 30.1%
-
WW Collection (62-4510) 512,580 109,111 (403,470) 21.3% WW Treatment (62-4515) 1,702,024 283,474 (1,418,551) 16.7% Transfer to Capital (63/64) 500,000 - (500,000) 0.0%
Total Expenses 2,714,604 392,584 (2,322,020) 14.5%
Net Operating Income/(Loss) (170,104) 373,940 544,044
JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Federal Grant 2,000,000 - (2,000,000) 0.0%
Miscellaneous Revenue 1,000,000 250,000 (750,000) 25.0% System Replacement Fees 240,000 59,391 (180,609) 24.7%
Revenues Capital Recovery Vets 50,000 50,000 - 100.0%
Interest Income 25,000 - (25,000) 0.0%
Transfer from Wastewater Operating (62) 50,000 - (50,000) 0.0% Total Revenues 3,365,000 359,391 (3,005,609) 10.7%
WW Joint Treatment Plant (63-4518) 4,716,484 42,965 (4,673,520) 0.9% Total Expenses 4,716,484 42,965 (4,673,520) 0.9%
Net Operating Income/(Loss) (1,351,484) 316,426 1,667,911 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 #: 8D
Yountville Town Council Staff Report
DATE: October 17, 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 Tuesday, October 3, 2023 and the two special meetings held on Tuesday, October 3, 2023,

DISCUSSION/BACKGROUND
Approve Minutes of the regular meeting held on Tuesday, October 3, 2023 and the two special meetings held on Tuesday, October 3, 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

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

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Closed Session Meeting Minutes – Final
Tuesday, October 3, 2023
12:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Trippe
Council Member Robin McKeeCant
Council Member Pam Reeves

1. CALL TO ORDER; CONVENE SPECIAL MEETING 12:00 P.M.

Mayor Mohler called the meeting to order at approximately 12:00 p.m.

2. ROLL CALL

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

Absent: None

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

1. CALL TO ORDER; CONVENE SPECIAL MEETING 12:00 P.M.

Mayor Mohler called the meeting to order at approximately 12:00 p.m.

2. ROLL CALL

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

Absent: None

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

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

5. CLOSED SESSION
A. Conference With Real Property Negotiator (Gov. Code, § 54956.8.) Property Address: 6554 Yount Street, Yountville, CA 94599 Town Negotiator: Brad Raulston, Town Manager
Negotiating Party: Napa Valley Unified School District
Under Negotiation: Price and Terms of Payment
B. CONFERENCE WITH LEGAL COUNSEL; INITIATION OF LITIGATION (Gov. Code, § 54956.9, subd. (d)(4).)
Number of Potential Cases: 1
Following the adjournment of the regular meeting, the Town Council continued the special meeting that began at noon in accordance with its continuance at approximately 1:00 p.m. The Town Council returned from closed session at 5:52 p.m. and Mayor Mohler announced that there was no reportable action. The Mayor then adjourned the meeting without vote and by unanimous consent at 5:53 p.m.

6. ADJOURNMENT
Adjourned to the Town Council Regular Meeting on Tuesday, October 17, 2023 at 3:00 p.m. being held in Town Council Chambers located at 6550 Yount Street.
_____________________
Eddy Gomez, Town Clerk
Date Approved: October 17, 2023
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
Tuesday, October 3, 2023
1:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

1. CALL TO ORDER; CONVENE SPECIAL MEETING
Mayor Mohler called the meeting to order at approximately 1:00 p.m. 2ROLLCALL
and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

2. ROLL CALL

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

Absent: None

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

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

The motion carried by the following vote:

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

5. NONAGENDA PUBLIC COMMENT
None.

6. CLIMATE, HEALTH & SAFETY STUDY SESSION
Brad Raulston, Town Manager, introduced Jean Bonander, facilitator for the study session.

Brad Raulston introduced and led the discussion for the study session purpose and goals on the following topics:

Climate
Health
Safety.

The following presenters provided information on the subjects proposed for the study session: Kelly Bond, Public Policy Advocate for Blue Zones Project, Christy Pestoni, Director of Governent Affairs for Waste Connections, Lexi Mangola, Community Outreach Coordinator for Upper Valley Waste Disposal, Michael Van Gorder, Associate Government Analyst for PG&E, Michael Millat, Yountville Sergeant for Napa County Sheriff’s Office, and Mike Marcucci, Fire Chief for Napa County CalFire Yountville Fire Station.

The following individuals provided public comment and questions on the topics presented: Penny Proto, Michael Borck, Kim Cook, Mark Van Gorder, Myrna David, Jim MacDonald, and Alan Tenscher,

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

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant, Council Member Reeves
NOES: 0
ABSTAIN: 0
the meeting. The motion carried by the following vote:

AYES: 5; Mayor Mohler, Vice Mayor Knight, Council Member Trippe, Council Member McKeeCant, Council Member Reeves
NOES: 0
ABSTAIN: 0
Adjourned to the Town Council Regular Meeting on Tuesday, October 3, 2023 at 3:00 p.m. being held in Town Council Chambers located at 6550 Yount Street.
_____________________
Eddy Gomez, Town Clerk
Date Approved: October 17, 2023
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Minutes – Final
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

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
Town of Yountville Town Council Regular Meeting Page 1

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

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

2. ROLL CALL

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

Absent: None

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

4. ADOPTION OF AGENDA
A motion was made by Council Member Reeves, seconded by Council Member McKeeCant to Adopt the Agenda. The motion 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
Council Member McKeeCant invited the community to attend the next two Emergency Preparedness Workshops on FireWise, Thursday, October 19, 2023 and Be Red Cross Ready, Tuesday, October 24, 2023.

6. PROCLAMATIONS AND RECOGNITIONS
A. Domestic Violence Awareness Month Proclamation
Mayor Mohler presented the proclamation.

B. Clean Air Day Proclamation
Mayor Mohler presented the proclamation.

Council Member Reeves requested to raise the ceremonial Earth Flag each year when this proclamation is introduced. The Council supported Council Member Reeves request.

7. NONAGENDA PUBLIC COMMENT
None.

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 orFuelingStationswithintheTown;definingtermsforthatpurpose;andfindingtheamendmentsto Town of Yountville Town Council Regular Meeting Page 2
g
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.

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. 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.

Town Manager Raulston introduced new Town Consulting Arborist Tony Wolcott.

Assistant Planner Diane Levine provided the staff report.

Public Hearing Held.

The following individuals provided in person public comment: Michael Borck, Mike Van Gorden Town Council discussed and took the following action:

A motion was made by Vice Mayor Knight, seconded by Mayor Mohler 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
After the First Reading of Ordinance 23524was approved, Town Council provided the following direction to staff and consultant:

Define terms to match industry standards first.

Work with consulting arborist to create ordinance language to protect all trees.

Town of Yountville Town Council Regular Meeting Page 3
After the First Reading of Ordinance 23524was approved, Town Council provided the following direction to staff and consultant:

Define terms to match industry standards first.

Work with consulting arborist to create ordinance language to protect all trees.

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.

Kendra Bruno, Code Compliance Officer, provide the staff report.

Jared Love, Regional Manager for Chef Thomas Keller’s Group introduced himself.

Public Comment Held.

The following individual provided inperson public comment: Whitney DiverMcEvoy Town Council discussed and took the following action:

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

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

12. STAFF PRESENTATIONS AND INFORMATIONAL REPORTS
None.

13. COUNCIL EXTERNAL MEETING REPORTS
Mayor Mohler:

LAFCO held a meeting on Monday, October 2, 2023 to approve an MSR for the Napa County Regional Conservation District. Mayor Mohler encouraged the community to visit the website and learn how much the Resource Conservation District does for the Napa Valley.

Council Member Reeves:
2x2 NVUSD Ad Hoc Committee – Council Member Reeves and Vice Mayor Knight attended the 2x2 Unified School District meeting with NVUSD Leadership Staff. Council Member Reeves and Vice Mayor Knight received a lot of information about the Unified School District and requested information regarding Yountville students, including how many students go to what schools and how many children are bused. Council Member Reeves and Vice Mayor Knight discussed taking a more proactive look at afterschool care at Willow Elementary School, which has a long waiting list that cannot accommodate Yountville children. One question not answered by the Committee was what kind of movement has happened when children went to certain schools, do they stay at that school or have they moved and the climate situation of busing elementary school children.

Climate Action Committee – The committee had discussion on the Action part of the name of the committee and the Committee will be receiving a report to bring back to their local Councils on charging facilities grant money available to apply for quickly. The report will also include information on Reach Codes trying to discuss the possibility of adopting level one or two green Reach Codes above what the Town currently has.

Vice Mayor Knight
NVTA – The Board me to review a Measure T Road Tax to extend it. In the near future, the Council and staff will review a potential measure ballot for the November 2024 Elections. Board Members also receivedareportontheVineTransitandtrafficonthebusandpublictransportationwhichiscoming Town of Yountville Town Council Regular Meeting Page 4
Codes trying to discuss the possibility of adopting level one or two green Reach Codes above what the Town currently has.

Vice Mayor Knight
NVTA – The Board me to review a Measure T Road Tax to extend it. In the near future, the Council and staff will review a potential measure ballot for the November 2024 Elections. Board Members also received a report on the Vine Transit and traffic on the bus and public transportation, which is coming back slowly. Also, bus number 10 is now traveling to the Veterans Home of Yountville.

14. ADJOURNMENT
A motion was made by Council Member Reeves, 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 Special Meeting – Closed Session continued from the 12:00 p.m. meeting time and being held in Town Council Chambers located at 6550 Yount Street.

The next regular Town Council Meeting will be held on Tuesday, October 17, 2023 in Town Council Chambers located at 6550 Yount Street.
_____________________
Eddy Gomez, Town Clerk
Date Approved: October 17, 2023
Town of Yountville Town Council Regular Meeting Page 5
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: October 17, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk and Celia King, Finance Director PREPARED BY: Gary Bell, Town Attorney

RECOMMENDATION
Consider Adoption of Resolution Number 23-4233 Calling and Giving Notice of the Holding of a Special Municipal Election to be held Tuesday, March 5, 2024, for the submission to the voters of one question related to Measure U (Increase In Appropriations (Gann) Limit) and requesting the Napa County Board of Supervisors consolidate and render specified services to the Town relating to the Conduct of the Statewide Primary Election to be held on the same date.

DISCUSSION/BACKGROUND
The Appropriations Limit or “Gann Limit” is a constitutional ceiling on the amount of “proceeds of taxes” the Town can appropriate annually. This limit is adjusted annually based on inflation and population, and can be further changed through a voter “override.” The prior Gann Limit adjustment expired in 2022, necessitating a retroactive voter override.

Due to the nature of the Gann Limit calculation and how it coincides with budget development, Town staff is proposing that the Town Council approve the holding of a Special Municipal Election on Tuesday, March 5, 2024, for the question related to Measure U (Increase In Appropriations (Gann) Limit).

The Resolution Calling, Giving Notice and Consolidating the March 5, 2024, Special Municipal Election will include the following for voter consideration:

Proposed Ballot Measure U – Increase In Appropriations (GANN) Limit “To fully utilize TOT and sales tax generated from visitors for public services, parks & recreation, police and fire emergency programs, shall the appropriations limit set by Article 13B of the California Constitution be increased by $3,000,000 and the growth in TOT for each year commencing fiscal year 2022/2023 through fiscal year 2026/2027? By approving this appropriation limit, no new taxes are created nor will any existing tax be increased.”
Yes
No
The proposed resolution authorizes the inclusion on the March 5, 2024 ballot a measure necessary to increase the appropriations limit for the Town. The Finance Director has reviewed our limit and projections of proceeds of taxes for the next four years and recommends that a voter approved override be established. In summary, due to the Town’s economic growth, it is necessary to increase our current limit as required by state law by $3,000,000 per year with an annual cumulative growth of Transient Occupancy Tax (TOT) revenues. This will provide the same initial flat amount of increase as the prior voter approved override with a limited annual growth factor based on the most direct tourist revenue. This option will allow for the annual override amount to increase or decrease based on the changes in TOT revenues from the prior year. This methodology for determining the annual override will allow the Town more flexibility and certainty to use the projected tax revenues for community purposes and to stay below the appropriations limit.

The Town of Yountville’s financial structure is unique as it receives nearly 89% of its revenues from TOT, Property Tax, and Sales Tax. The Town’s TOT is 58% of the General Fund revenue and Sales Tax is 13%, with both primarily paid by visitors to our community. Our local Property Tax revenue is approximately 18% and is just enough to pay for the costs of our contracted law enforcement and fire and emergency medical services in the current fiscal year but may be insufficient in future fiscal years as contract costs increase. An override is necessary to allow the Town to continue to utilize our tax revenues for the provision of core public services such as law enforcement, fire and emergency medical services, streets maintenance, parks maintenance, and to provide and maintain the level of services provided by the Town to our residents as outlined in our current budget. The Town will not be able to maintain this high level of public services unless it is able to utilize the revenues currently received and projected to be received in the future, the majority of which are generated through TOT and Sales Taxes. This will be the tenth override presented to the voters since 1985. The voters have approved all prior measures.

In addition, the Town Council shall submit to the Napa County Board of Supervisors a resolution requesting that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the Town the precinct, polling place and the election for the above-referenced measure be the same, that the County Election Department of Napa County canvass the returns of the Special Municipal Election, and that the election be held in all respects as if there were only one election.

The resolution also provides that the Town Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election, and to perform all other acts necessary or required by law to implement the resolution and related to the election. The Town Council recognizes that additional costs will be incurred by the Napa County Election Division by reason of this consolidation. The Town shall reimburse the Napa County Election Division in full for the services performed upon presentation of a properly submitted itemized bill to the Town, as set forth in Elections Code section 10002.

The attached resolution provides for additional procedural requirements related to the election process including but not limited to the posting of a Notice of Election and Notice to Voters of Date After Which Arguments For or Against Town Ballot Measures must be filed.

Determination Whether to Participate in Ballot Arguments The Town Council has prepared Arguments in Favor of prior ballot measures related to requests to increase an Appropriations (Gann) Limit. The information below outlines the Elections Code requirements for preparing arguments and rebuttals.

The Elections Code provides the opportunity for written arguments to be submitted by any “member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file written argument for or against any city measure.” (Elections Code Section 9282(b)) No primary argument may exceed three hundred words in length and must be accompanied by the printed name and signature, or printed names and signatures, of the author or authors submitting it. If the argument is submitted on behalf of an organization, it must include the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five (5) signatures shall appear with any argument. (Elections Code Section 9283)
Rebuttal arguments may also be submitted in response to arguments either for or against the measure.

When an argument in favor of an initiative is submitted to the City Clerk, they will immediately send a copy of that argument to the opponents of the measure. When an argument against the initiative is submitted to the City Clerk, they will immediately send a copy to the proponents of the measure. Rebuttal arguments may be submitted by the author(s) of a primary argument, or the author(s) may authorize any other person(s) to prepare, submit or sign the rebuttal argument. Rebuttal arguments are limited to 250 words in length. No more than five (5) signatures shall appear on any rebuttal argument. (Elections Code Section 9285) Generally, the Elections Code provides that primary arguments are due fourteen (14) days from the date that the Council calls the election on the measure. However, this deadline does not apply if the election will be consolidated with another election. Thus, the deadline for the primary arguments is subject to the discretion of the Elections Official/City Clerk (Elections Code Section 9286). The deadline for rebuttal arguments is set by state law and is no later than ten (10) days after the final filing date for the primary arguments (Elections Code Section 9285).

If more than one argument is submitted for or against the measure, the Elections Official must select the arguments to be printed and published using the following order of preference:

1. The legislative body or members of the legislative body authorized by that body.

2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are bona fide sponsors or proponents of the measure.

3. Bona fide association of citizens.

4. Individual voters who are eligible to vote on the measure.

Council should decide whether it wants to participate in the ballot arguments or allow an individual or an organization to be the author of the primary and/or rebuttal arguments. The following may assist the Council in making these decisions:

1. Decide whether to author a primary argument in support of the initiative as a whole Council or allow an organization or individual to author the primary argument.

2. If the Council decides to author the primary argument, decide whether to delegate the task of writing the argument to a member or members of the Council.

3. Decide whether to author a rebuttal argument as a whole Council or allow an individual or organization to author the rebuttal argument.

4. If the Council decides to author the rebuttal argument, decide whether to delegate the task of writing the argument to a member or members of the Council.

Town Attorney’s Impartial Analysis
Finally, Elections Code section 9280 provides that whenever a local measure is placed on the ballot, the Council may direct the Elections Official to transmit a copy of the measure to the Town Attorney to prepare an impartial analysis showing the effect of the measure on existing law and the operation of the measure. The analysis may not exceed five hundred words in length and is then printed preceding the arguments for and against each measure.

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? 01-1110-4270
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Yes

Briefly Explain Relationship to Strategic Plan Goal and Objective. Conducting a Special Municipal Election gives residents an opportunity to vote on the Town’s Appropriations Limit to utilize tax revenues for future Town services.

Town of Yountville
Resolution Number 23-4233

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE

CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO

THE VOTERS OF ONE QUESTION RELATED TO MEASURE U (INCREASE IN

APPROPRIATIONS (GANN) LIMIT) AND REQUESTING THE NAPA COUNTY BOARD OF

SUPERVISORS CONSOLIDATE AND RENDER SPECIFIED SERVICES TO THE TOWN

RELATING TO THE CONDUCT OF THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE.

Recitals
A. Section 1 of Article 13B of the California Constitution establishes the Town’s total annual Appropriations Limit or “Gann” Limit. Section 4 of Article 13B of the California Constitution authorizes the Town’s electorate to change the Town’s Appropriations Limit, subject to and in conformity with constitutional and statutory voting requirements.

B. Elections Code section 9222 authorizes the Town Council to call a special election for the purpose of submitting a Town-initiated proposition to the voters.

C. Elections Code section 12001 requires the Town Council issue a proclamation or resolution to call a special local election.

D. Elections Code section 1400 requires special elections be held on one of the established election dates set by Division 1 of the Elections Code or on the date of any statewide special election, except as provided in Elections Code section 1003. Elections Code section 1000 establishes March 5, 2024 as an established election date.

E. Town staff recommends that the Town Council approve the holding of a Special Municipal Election on Tuesday, March 5, 2024, for the submission to the voters of one question related to Measure U (Increase In Appropriations (Gann) Limit).

F. In accordance with Elections Code sections 340 and 1202, the Statewide Primary Election is to be held on March 5, 2024.

G. Elections Code section 10418 authorizes the consolidation of statewide and special elections.

Elections Code section 10403 requires the Town Council adopt a resolution to request the Napa County Board of Supervisors consolidate the Special Municipal Election with the Statewide Primary Election and to permit the County Registrar of Voters to perform certain services in conjunction with the Special Municipal Election.

H. It is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the Town the precincts, polling places (vote centers), election officers, and ballot measures of the two elections be the same; that the Napa County Election Division canvass the returns of the consolidate election; and that the election be held in all respects as if there were only one election.

Page 2 ends

Resolution Number 23-4233
Now therefore, the Town Council of the Town of Yountville does resolve, declare, determine and order, as follows:

1. That all of the foregoing recitals are true and correct and incorporated herein by reference.

2. That, pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the Town of Yountville, Napa, County, California, on Tuesday, March 5, 2024 a Special Municipal Election.

3. That the Town Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question:

A. That Measure U (Increase In Appropriations (Gann) Limit) is to appear on the ballot as follows:
“To fully utilize TOT and sales tax generated from visitors for public services, parks & recreation, police and fire emergency programs, shall the appropriations limit set by Article 13B of the California Constitution be increased by $3,000,000 and the growth in TOT for each year commencing fiscal year 2022/2023 through fiscal year 2026/2027? By approving this appropriation limit, no new taxes are created nor will any existing tax be increased.”
Yes
No

4. That the proposed complete text of Measure U shall be printed in the voter information section of the sample ballot submitted to the voters.

5. That, pursuant to the requirements of Elections Code section 10403, the Napa C o u n t y B o a r d o f S u p e r v i s o r s is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Primary Election on Tuesday, March 5, 2024 for the purpose of submitting Measure U to the voters.

6. That the ballots to be used at the election shall be in form and content as required by law.

7. That the Town Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary to properly and lawfully conduct the election, and to perform all other acts necessary or required by law to implement this Resolution and related to the election.

8. For the purposes of said Election, the Town of Yountville is hereby divided into the following precincts: 3511660, 3511661, 3511662 and 3511663. The precincts shall be those used for the Statewide Primary Election and, where necessary, the Napa County Elections Official may adjust precinct lines to coincide with the boundaries of the jurisdiction.

9. That the polls (vote centers) for the election shall be open at 7:00 o’clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o’clock p.m. of the same day when the polls (vote centers) shall be closed.

10. That notice of the time and place of holding the election is given and the Town Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and

Page 3 ends

Resolution Number 23-4233
manner as required by law.

11. That the Town Clerk is directed to provide a copy of Measure U to the Town Attorney and the Town Attorney shall prepare an impartial analysis. The analysis shall not exceed 500 words in length and shall be filed in the Office of the Yountville Town Clerk, 6550 Yount Street, Yountville, California, no later than Friday, December 8, 2023 at 5:00 p.m. The Town Clerk shall immediately forward the impartial analysis as a Word document to the Napa County Registrar of Voters.

12. The Town Council wishes to establish deadlines for the filing of arguments for and against Measure U and to provide for rebuttal arguments as follows:
a. Printed arguments shall be titled either "Argument In Favor Of Measure” or “Argument Against Measure.” Arguments in favor of or in opposition to any measure may not exceed 300 words in length and shall be filed at the office of the Yountville Town Clerk, 6550 Yount Street, Yountville, California, not later than Friday, December 15, 2023 at 5:00 p.m. b. Printed rebuttal arguments shall be titled either "Rebuttal; Argument In Favor Of Measure” and "Rebuttal Argument Against Measure”. Rebuttal arguments for any measure may not exceed 250 words in length and shall be filed with the Office of the Yountville Town Clerk, 6550 Yount Street, Yountville, California, not later than Friday, December 22, 2023 at 5:00 p.m.
c. If more than one argument for or more than one argument against any Town measure is submitted, the Town Clerk shall select one of the arguments in favor and one argument against the measure, as set forth in Elections Code section 9287.

13. That the Napa County Board of Supervisors is requested to issue instructions to the Napa County Election Division to take any and all steps necessary for the holding of the consolidated election including printing and supplying ballots for the Special Municipal Election; mailing the Town’s sample ballots to the voters of the Town as part of the material mailed to voters for the Statewide Primary Election; and perform other such services as may be required for the consolidation and conduct of the Special Municipal Election with the Statewide Primary Election.

14. That in all particulars not recited in this resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

15. That the Napa County Election Division is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, in the manner prescribed in Elections Code section 10418, and only one form of ballot shall be used.

16. In accordance with Elections Code section 10410, the election precincts, polling places and voting booths shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts.

17. The Town Council recognizes that additional costs will be incurred by the Napa County Election Division by reason of this consolidation. The Town shall reimburse the Napa County Election Division in full for the services performed upon presentation of a properly submitted itemized bill to the Town, as set forth in Elections Code section 10002.

18. That the Town Clerk is hereby directed to file a certified copy of this resolution with the Napa

Page 4 ends

Resolution Number 23-4233
County Board of Supervisors and the Napa County Election Division and issue instructions to the Napa County Election Division to take any and all steps necessary for the holding of the election.

19. That the adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code section 21000, et seq. (“CEQA”) and 14 Cal. Code Reg. section 1500, et seq. (“CEQA Guidelines”). The calling of a Municipal Election is not a project within the meaning of CEQA pursuant to CEQA Guidelines section 15378, subsection (b)(4) [governmental fiscal activities which do not commit to any specific project] and section 15061, subsection (b)(3) [common sense exemption].

20. That the Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

21. 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 17th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:

Eddy Gomez, Town Clerk

Yountville City CouncilOctober 17, 2023

Yountville City Council
October 17, 2023