Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 11A
Yountville Town Council Staff Report
DATE: April 7, 2026
TO: Mayor and Town Council
FROM: Hilary Gaede, Communications Director/ Town Clerk Gary B. Bell, Town Attorney
PREPARED BY: Kami Noriega, CMC, Deputy Town Clerk/Records Coordinator
RECOMMENDATION
Receive and file report regarding certification and examination of referendum petition against Ordinance No. 26- 539 (Commons Zoning Ordinance) and provide direction to Town staff regarding community engagement and options under the Elections Code (repeal or election).
DISCUSSION/BACKGROUND
On February 3, 2026, the Town Council adopted Ordinance No. 26-539 (Attachment “3”) amending the Zoning Ordinance and the Zoning Map regarding the Yountville Commons. On March 4, 2026, a petition for referendum against Ordinance No. 26-539 was filed with the Town Clerk.
A referendum petition protesting the adoption of an Ordinance must be submitted to the Elections Official (i.e., the Town Clerk) within 30 days of the date of adoption of the Ordinance. The petition must be signed by at least 10 percent of the registered voters of the Town based on the last official Report of Registration to the Secretary of State.
The petition for referendum was determined to be sufficient for filing following the Town Clerk’s prima facie review. The prima facie process reviews the format of all pages and sections of the petition for substantial compliance with Elections Code and examines the information provided by all signers of the petition for completeness. The Town Clerk’s technical review determined the petition appeared, on its face, to comply with all formal requirements. The Town Clerk then completed a prima facie review of signatures and identified 240 unverified signatures, meeting the required number of signatures to qualify the petition for further examination.
On March 5, 2026, the petition was delivered to the Napa County Assessor-Recorder-Clerk to verify the number of valid signatures. The signature examination was required to be certified by the within 30 working days from the date the petition was filed with the Town Clerk (i.e., on or before April 16, 2026).
On March 13, 2026, based on the procedures in Elections Code section 9114, Napa County Assessor-RecorderClerk determined the petition contained a sufficient number of valid signatures necessary to qualify the referendum for consideration by the Town Council (Attachment “1”). On March 16, 2026, the Town Clerk sent a certificate showing these results to the proponents of the referendum and confirming Ordinance No. 26-539 had been suspended (Attachment “2”).
Following certification of the referendum petition, Elections Code section 9241 requires the Town Council to either: (1) repeal Ordinance No. 26-539 in its entirety, or (2) submit Ordinance No. 26-539 to the voters.
Option to Repeal Ordinance No. 26-539
If the Town Council chooses to repeal Ordinance No. 26-539, Staff will prepare an Ordinance repealing Ordinance No. 26-539 in its entirety. Ordinance No. 26-539 is a zoning Ordinance which required a recommendation from the Zoning and Design Review Board (ZDRB) before the Town Council’s consideration. (Gov. Code, §§ 65863-65857.) An Ordinance repealing that Ordinance will need to follow the same procedures under the equal-dignity rule. Following a recommendation from the ZDRB, the Town Council may then take action to introduce the repeal Ordinance at one meeting and adopt the repeal Ordinance at a subsequent regular meeting. The repeal Ordinance would take effect 30 days after adoption. Ordinance No. 26-539 would remain suspended during this process.
If Ordinance No. 26-539 is repealed, the same Ordinance cannot be adopted for a period of one year after the date of repeal. The Town may, however, consider a different Ordinance.
Option to Call an Election to Vote on Ordinance No. 26-539 If the Town Council chooses to call an election for the purpose of submitting Ordinance No. 26-539 to the voters of the Town, the election must be held at the next regular municipal election or a special election called for that purpose, not less than 88 days from the date the election is called. The last day to add this Ordinance to the General Municipal Election to be held on November 3, 2026 is August 7, 2026, although the County of Napa often has an early deadline for the Town Council to do so. Town staff could also return with options for calling a special election on another date.
If an election is called, Ordinance No. 26-539 would remain suspended and would not become effective until a majority of the voters voting on the Ordinance vote in favor of it. If a majority of the voters do not vote in favor of Ordinance No. 26-539, it will not go into effect, and the Town is prohibited from adopting the same Ordinance for a period of one year after the date the Ordinance is disapproved by the voters. The Town may, however, consider a different Ordinance under this option, too.
ENVIRONMENTAL REVIEW
Providing direction to staff is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3) and 15378(b).
FISCAL IMPACT
Is there a Fiscal Impact? Yes. Calling an election will incur additional, unbudgeted costs. The Registrar of Voters estimates approximately $10,000-$15,000 if hand counting ballots and approximately $50,000-$75,000 if using their full voting system. Repealing the Ordinance includes staff time and resources that are currently budgeted.
Is it Currently Budgeted? Yes. Election costs may require a midyear budget adjustment. The repeal Ordinance is already budgeted.
Where is it Budgeted? 01-1110-4270
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Yes
ATTACHMENTS
1. Certificate to Referendum Petition Packet
2. Certificate of Sufficiency
3. Ordinance No. 26-539