Town of Yountville
Resolution Number 23-4236
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE
APPROVING, AUTHORIZING, AND DIRECTING THE EXECUTION OF A JOINT
EXERCISE POWERS AGREEMENT BY AND AMONG THE TOWN OF YOUNTVILLE,
THE CITY OF NAPA, AND THE CALIFORNIA DEPARTMENT OF VETERANS
AFFAIRS FOR SHARED WATER SAMPLING AND TESTING SERVICES, AND
FINDING THE AGREEMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Recitals
A. The Joint Exercise of Powers Act, comprising Articles 1 through 4 of Chapter 5 of Division 7 of Title 1 (commencing with section 6500) of the California Government Code (the “JPA Act”), authorizes public agencies to enter into a joint exercise of powers agreement to jointly exercise any power common to them as well as additional powers granted under the JPA Act.
B. The Town of Yountville, the City of Napa, and the California Department of Veterans Affairs (“CalVet”) desire to enter into an agreement to coordinate the sharing of water sampling and certified water testing laboratory services pursuant to the JPA Act.
C. The Town Council desires to approve the execution of the Joint Powers Agreement by and between the Town of Yountville, the City of Napa, and CalVet (the “Agreement”), attached hereto as Exhibit A and incorporated herein by reference, to coordinate the shared water sampling and testing services described above.
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. APPROVAL OF AGREEMENT: The Town Council hereby approves the Agreement in substantially the same form on file with the Town Clerk. The Mayor is hereby authorized and directed to execute in the name of and on behalf of the Town the final form of the Agreement, and the Town Clerk is hereby authorized and directed to attest to the final form of the Agreement.
Execution of the Agreement by the Mayor shall be conclusive evidence of the approval of any changes therein or additions thereto.
SECTION 3. AUTHORIZATION TO MAKE MODIFICATIONS: The Town Manager or their designee is hereby authorized to modify the Agreement as necessary to reach agreement with the other parties, subject to the approval of the City of Napa and CalVet.
SECTION 4. CEQA FINDINGS: The Town Council finds the Agreement to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) (common sense exception) as no physical changes to the environment are proposed in connection with this Agreement for shared water sampling and testing services. To the extent this Agreement is a Project under CEQA, it is categorically exempt pursuant to CEQA Guidelines sections 15301 (existing facilities), 15306 (information gathering), and 15309 (inspections), as the Agreement is limited to sampling and testing for water quality within existing public utility facilities, involving no expansion of use or disturbance to any environmental resource.
SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 Resolution. The Town Council declares that it would have adopted this Resolution, 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 6. EFFECTIVE DATE: This Resolution shall take effect immediately upon its passage and adoption.
SECTION 7. CERTIFICATION: The Town Clerk shall certify to the passage and adoption of this Resolution and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this Resolution, the Town Clerk shall post a copy of the Resolution in accordance with California Government Code in at least three public places in the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville held on the 7th day of November 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk