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Agenda Packet/Staff Report - 04/20/19990 -• ■ • - : & f #^yw, TO: Mayor and Town Council FROM: . Nancy Weiss, Town Administrator DATE; April 20, 1999 Meeting SUBJECT: Senate Bill 281 - Introduced by Chesbro/Assemblywoman Wiggins Co-Author Regarding California Veterans Home Post Fund BACKGROUND Tuesday, April 13, Senate Bill 281 was introduced by State Senator Wes Chesbro and was unanimously approved by the Senate Committee on Veterans Affairs. This bill deals with the management of the Veterans Home Yountville Post Fund. The bill as proposed, until January 1, 2010 would delete the requirement that monies and properties received by the Veterans Home from any estate assets located outside the home in excess of $200,000 be included in the Post Fund regardless of the amount rather than in the State’s General Fund. Additionally, the bill would limit the use of money generated by the home from either State assets or real property or from sale leasing or letting of any property held by the home would be used to the morale, welfare and recreation of the veterans rather than for the general management and operation of home. Accounting and auditing requirements are also recommended as part of the bill. RECOMMENDED ACTION Members of the Veterans Home as well as the administration have worked closely with State Senator Wes Chesbro in the drafting of the proposed bill. Concerns regarding the use of Post Fund monies for the benefit of members has been discussed by Council in previous years. It is recommended, if appropriate, that Council direct staff to author a letter in support of SB 281 and forward copies to the Veterans Home Allied Council and State Senator Chesbro. April 20, 1999 Meeting Item ___ page 1 SENATE BILL No. 281 Introduced by Senators Chesbro and Johannessen (Coauthor: Assembly Member Wiggins) February 2, 1999 An act to amend, repeal, and add Sections 1047, 1048, and 1049 of the Military and Veterans Code, relating to veterans. LEGISLATIVE COUNSEL’S DIGEST SB 281, as introduced, Chesbro. Veterans: California veterans’ homes: post funds. (1) Existing law requires each California veterans’ home to be under the management and control of the Department of Veterans Affairs and, subject to the policies adopted by the California Veterans Board and the Secretary of Veterans Affairs, to be administered by an administrator. The administrator is required to maintain a post fund that includes any profits from operations of the Veterans’ Home Exchange and post fund operations, revenue derived from the issuance of prisoner-of-war special license plates, all donations to the fund, interest earned on invested funds, funds derived from the estates of deceased members, and certain other moneys and property derived from the home, except that the moneys and properties received by the home from estate assets located outside the home in excess of $200,000 in any one calendar year are required to be paid into the General Fund. This bill, until January 1, 2010, would require the post fund to include any funds derived from the sale, leasing, or letting of any real property held by the department for the home and any funds derived from the operation of any concession, including, but not limited to, any golf course, in addition to the 99 tT'1 /r 1 0 ''-)gg 'OV'A/ ; r AGENDA # _ l_ i # SB 281 — 2 — moneys and property included in the post fund under existing law. The bill, until January 1, 2010, would delete the requirement that moneys and properties received by the home from estate assets located outside the home in excess of $200,000 in any one calendar year be paid into the General Fund and, instead, would require those moneys and properties to be included in the post fund, regardless of amount. The bill, until January 1, 2020, would require the administrator to transfer, on or before the 10th day of each month, all money and property in the post fund to the Controller for deposit in the State Veterans’ Homes Account, which the bill would create in the General Fund, together with an itemized accounting as to the amount and source of all the funds transmitted. Upon appropriation, the money in the account would be available for allocation by the Controller to the Morale, Welfare, and Recreation Fund, as specified, of each home on a per-capita basis. (2) Existing law requires the post fund to be used, at the discretion of the administrator and subject to the approval of the secretary, to provide for the general welfare of the home and its veterans, including, but not limited to, providing for operations of the Veterans’ Home Exchange, motion picture theater, library, and band, and to pay for newspapers, chapel expenses, welfare and entertainment expenses, sport activities, celebrations, and any necessary insurance to protect property of the fund or the Veterans’ Home Exchange, and any other activity for the benefit of the home or its members. This bill, instead, would delete the requirement that the post fund be used for the benefit of the home and, until January 1, 2010, would limit the use of that money to the morale, welfare, and recreation of the veterans, as specified. The bill, until January 1, 2010, would require the administrator to maintain a Morale, Welfare, and Recreation Fund, instead of the post fund, for those purposes and would prohibit expenditures from that fund for certain purposes that are unrelated to the morale, welfare, and recreation of the veterans or that may be funded from other sources. 99 r 9 9 — 3 —SB 281 This bill, until January 1, 2010, would require the administrator to prepare and submit to the secretary and to certain committees of the Legislature, on or before July 10 of each year, a report detailing funds received in the post fund and transmitted to the Controller and a report detailing expenditures from the Morale, Welfare, and Recreation Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION I. Section 1047 of the Military and 2 Veterans Code is amended to read: 3 1047. (a) On or before the 10th day of each month, 4 the administrator shall transfer all money in the post fund 5 to the Controller for deposit in the State Veterans’ Homes 6 Account, which is hereby created in the General Fund, 7 together with an itemized accounting as to the amount 8 and source of all funds transmitted. Upon appropriation, 9 the money in that account shall be available for allocation 10 by the Controller to the Morale, Welfare, and Recreation 11 Fund of each home on a per-capita basis. 12 (b) The administrator shall maintain a post—fund' which 13 Morale, Welfare, and Recreation Fund that shall be used, 14 at the discretion of the administrator and subject to the 15 approval of the director, to provide for the general 16 welfare of the home and its veterans, including, but not 17 limited to, providing for operations of the Veterans’ 18 Home Exchange, hobby shop, motion picture theater, 19 library, end band, and any other function that is operated 20 for the morale, welfare, and recreation of the veterans, 21 and to pay for newspapers, chapel expenses, welfare and 22 entertainment expenses, sport activities, celebrations, 23 end—any—necessary—insurance—te—protect property—of the 24 fend—or—the—Veterans’—Home—Exchange, and any other 25 activity that is for the benefit morale, welfare, and 26 recreation of the home or its-member-9 veterans. 27 (c) Money in the Morale, Welfare, and Recreation 28 Fund may not be expended for any of the following: ■ 99 r SB 281 _ 4 _ 3 4 1 (1) Medical treatments or any other treatment for 2 which reimbursement is available from other sources. (2) Maintenance of the physical plant of the home. (3) Wages for “therapeutic employment” of the 5 veterans. 6 (4) Security guards or any other form of security for 1 the home. 8 (5) Any function, operation, or activity that is not 9 related to the morale, welfare, or recreation of the 10 veterans. 11 (6) Any function, operation, or activity for which an 12 alternate source of funding is available. 13 (d) The administrator shall prepare an itemized 14 report that is organized by category and accounts for all 15 expenditures made from the Morale, Welfare, and 16 Recreation Fund during the previous fiscal year and shall 17 submit the report on or before July 10 of each year to all 18 of the following: (1) The secretary. (2) The fiscal committees of the Assembly and the 21 Senate. 22 (3) The committees of the Assembly and the Senate 23 that have subject matter jurisdiction over veterans’ 24 affairs. 25 (e) This section shall remain in effect only until 26 January I, 2010, and as of that date is repealed, unless a 27 later enacted statute that is enacted on or before January 28 1, 2010, deletes or extends that date. 29 SEC. 2. Section 1047 is added to the Military and 30 Veterans Code, to read: 31 1047. (a) The administrator shall maintain a post 32 fund that shall be used, at the discretion of the 33 administrator subject to the approval of the director, to 34 provide for the general welfare of the veterans, including, 35 but not limited to, providing for operations of the 36 Veterans’ Home Exchange, motion picture theater, 37 library, and band, and to pay for newspapers, chapel 38 expenses, welfare and entertainment expenses, sport 39 activities, celebrations, and any other activity for the 40 benefit of the veterans. 19 20 99 — 5 —SB 281 1 . (b) This section shall become operative on January 1, 2 2010. 3 SEC. 3. Section 1048 of the Military and Veterans 4 Code is amended to read: 5 1048. (a) The post fund shall include any profits from 6 operations of the Veterans’ Home Exchange and post 7 fund-' operations functions and activities supported by the 8 Morale, Welfare, and Recreation Fund, revenue derived 9 from the issuance of prisoner—©f—war prisoner-of-war 10 special license plates pursuant to Section 5101.5 of the 11 Vehicle Code, all donations to the fund, interest earned 12 on invested funds, funds derived from the estates of 13 deceased members, funds derived from the sale, leasing, 14 or letting of any real property held by the department for 15 the home, funds derived from the operation of any 16 concession, including, hut not limited to, any golf course, 17 and any other moneys or property described in this 18 chapter, e-?eecpt - that—the including, but not limited to, 19 moneys and properties received by the home from estate 20 assets located outside the home in excess of two hundred 21 thousand- dollars ($200;QQ0)--in- any one calendar year.shall 22 bc-paid into the General Fund, regardless of amount. 23 (b) The administrator shall prepare an itemized 24 report that is organized by category and accounts for all 25 funds deposited into the post fund and transmitted to the 26 Controller under Section 1047 during the previous fiscal 27 year and shall submit the report on or before July 10 of 28 each year to all of the following: 29 (1) The secretary. 30 (2) The fiscal committees of the Assembly and the 31 Senate. 32 (3) The committees of the Assembly and the Senate 33 that have subject matter jurisdiction over veterans’ 34 affairs. 35 (c) This section shall become operative on January—h 36 1986 remain in effect only until January 1, 2010, and as of 37 that date is repealed, unless a later enacted statute that 38 is enacted on or before January I, 2010, deletes or extends 39 that date. 99 r SB 281 — 6 — 1 2 3 4 5 6 7 SEC. 4. Section 1048 is added to the Military and Veterans Code, to read: 1048. (a) The post fund shall include any profits from operations of the Veterans’ Home Exchange and post fund operations, revenue derived from the issuance of prisoner-of-war special license plates pursuant to Section 5101.5 of the Vehicle Code, all donations to the fund, 8 interest earned on invested funds, funds derived from the 9 estates of deceased members, and any other moneys or 10 property described in this chapter, except that the 11 moneys and properties received by the home from estate 12 assets located outside the home in excess of two hundred 13 thousand dollars ($200,000) in any one calendar year shall 14 be paid into the General Fund. 15 (b) This section shall become operative on January 1, 16 2010. 17 SEC. 5. Section 1049 of the Military and Veterans 18 Code is amended to read: 19 1049. (a) The pest—feed Moneys in the Morale, 20 Welfare, and Recreation Fund maintained under 21 subdivision (b) of Section 1047 may be used to establish 22 or operate a Veterans’ Home Exchange whieh that may 23 conduct any lawful endeavor which, in the judgment of 24 the administrator, will benefit the veterans, except as 25 prohibited under subdivision (c) of Section 1047. The 26 administrator may establish the Veterans’ Home 27 Exchange to operate at a profit. 28 (b) This section shall remain in effect only until 29 January 7, 2010, and as of that date is repealed, unless a 30 later enacted statute that is enacted on or before January 31 1, 2010, deletes or extends that date. 32 SEC. 6. Section 1049 is added to the Military and 33 Veterans Code, to read; 34 1049. (a) Moneys in the post fund may be used to 35 establish or operate a Veterans’ Home Exchange that 36 may conduct any lawful endeavor which, in the judgment 37 of the administrator, will benefit the veterans. The 38 administrator may establish the Veterans’ Home 39 Exchange to operate at a profit. 99 r _ 7 —SB 281 1 (b) This section shall become operative on January 1, 2 2010 . o 99 r %/ 03/17/1999 17:17 918-^145-7753 se n a to r JCHiiW4ESSEN PAGE 01hltp://www.>Wxa.g0vtobitl/t«tb!ji/ca-hg^OM0000.SB00O4iei.'KKVEK.TAT;uo.M/at __________ Hone Senators Legislation Cononittees Scheatile# OfBces^Ucwsiss Au^o/TV: Fav/1 Stt6scfi'fafi JPoef Seifttiom €sd&i Slatutsa P 9C F 1V E D MAR 2 2 1999 ^Current Session Legislation-- SB 4 Northern California Veterans Cemetery. BILL NUMBER; SB 4 INTRODUCED 12/07/98 INTRODUCED BY Senator Johannessen DECEMBER 7,1998 TOV^N (j-r YOUfHT’/M.LE An act to amend the heading of Division 6 (commencing with Section 1170) of, and to add Chapter 9 (commencing with Section 1400) to Division 6 of, the Militaiy and Veterans Code, relating to veterans, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. l e g is l a t iv e COUNSEL’S DIGEST SB 4, as introduced, Johannessen. Northern California Veterans Cemetery. Existing law requires the Department of Veterans Affairs, in voluntary cooperation with the Shasta County Board of Supervisors, to develop a proposal for a veterans cemetery in Shasta County that will be owned and operated by the state, Existing law also provides that that proposal shall be submitted to the Legislature by July 1, 1997. This bill would require the department, in voluntary cooperation with the Shasta County Board of Supervisors and the boards of supervisors of other participating northern California counties as specified to desi^, develop, and construct a state-owned and state-operated Northern California Veterans Cemetery to be located in northern California. The bill also would (1) require the department to oversee and coordinate the design, development, and construction of the cemetery, (2) establish fees for interment in the cemetery of spouses and children of honorably discharged veterans, (3) establish the Northern California Veterans Cemetery Master Development Fund, a continuously appropriated fund, for the design, development, construction, and equipping of the cemetery', and (4) establish the Northern California Veterans Cemetery Perpetual Maintenance Fund, as a continuously appropriated fund, to be used to maintain the cemetery. The bill would appropriate $520,000 from the General Fund, with $70,000 of that amount appropriated to the department for the oversight and 1 of 4 3/17/99 4:06 PM AGENDA #? . 2 . 0 3 /1 7 /1 3 9 9 1 7:1 7 916-'145-7750 gislation SENATOR J0HAWE3SEN PAGE, 02 _____hUp://www.scti.ci.gov/htbin/iestblii/ca-h.^^ROM0000.SB0004]CURRVbK.IXi coordination duties specified above and $450,000 appropriated to the Northern California Veterans Cemetery Master Development Fund for the Master Development Plan of the cemetery. The bill would require the department to apply to the State Cemetery Grant Program of the federal Department of Veterans Affairs for a grant of not more than $6,000,000, which amount represents 100% of the estimated cost for designing, developing, constructing, and equipping the cemetery. The bill would prohibit expenditure of the money appropriated to the department and the fund until the department has received written approval of the specified grant request and a commitment from the federal State Cemetery Grant Program that the funds appropriated under the grant are available for expenditure by the state, except that the department would be authorized to expend an amount necessary for completion of the gi-ant proposal from the money appropriated to the fund. The bill would declare that it is to take effect immediately as an urgency statute. I Vote: 2/3. Appropriation; yes. Fiscal committee: yes. State-mandated local program: no. SECTION 1. The heading of Division 6 (commencing with Section 1170J of the Military and Veterans Code is amended to read; DIVISION 6. VETERAffO*-VETfiflAiVS BUILDINGS, MEMORIALS, AND mbmoiualo c em eter ies SEC. 2. Chapter 9 (commencing with Section 1400) is added to Division 6 of the Military and Veterans Code, to read: CHAPTER 9. NORTHERN CALIFORNIA VETERANS CEMETERY 1400. (a) (1) The Department of Veterans Affairs, in voluntary cooperation with the Shasta County Board of Supervisors and the boards of supervisors of other participating northern California counties as specified in Section 1401, shall design, develop, and construct a state-owned and state-operated Northern California Veterans Cemetery which shall be located in northern California. (2) The department shall oversee and coordinate the design, development, and construction of the cemeteiy*. (b) (1) Those eligible for interment in the cemetery are all honorably discharged veterans and their spauses and children. A fee of five hundred dollars ($500) shall be charged for each spouse or child interred in the cemetery. m im 4:06 PM _ cm sgitlaiion 17^559 17:17 916-‘1‘t5-7750 SENATOR JGH^tf^NESSEN PAGE 03 . hitpiWwww.scn.cu.tov/hibin/tMtbin/ca-h^^p’ROMOOOO. 5B0004JCURRVER.TXT; i/bill/SH (2) For the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery. (3) All fees received pursuant to paragraph (1) shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1401. 1401. (a) For the purposes of Section 1400, the Shasta County Board of Supervisors may join with other northern California counties including, but not limited to, the Counties of Colusa, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity, to design, develop, and construct the cemetery. (b) All moneys received for the design, development, and construction of the cemetery shall be deposited in the Northern California Veterans Cemetery Master Development Fund, which is hereby created in the State Treasury, Notwithstanding Section 13340 of the Government Code, money in the fund is continuously appropriated to the department for the purpose of desigmng, developing, constructing, and equipping the cemetery. Moneys appropriated by the Legislature for these purposes shall also be deposited in the fund. (c) (1) All moneys received for the maintenance of the cemetery, including moneys received pursuant to subdivision (b) of Section 1400, shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, money in the fund is continuously appropriated to the department for the purpose of maintaining the cemetery. Moneys appropriated by the Legislature for the maintenance of the cemetery shall also be deposited in the fond. (2) It is estimated that, after the construction of the cemetery, four hundred ftfty thousand dollars ($450,000) should be appropriated annually by the state or the participating northern California counties, or both, to the department for the operating costs of the cemetery. . SEC. 3. The Legislature hereby appropriates five hundred twenty thousand dollars ($520,000) from the General Fund as follows: (a) Seventy thousand dollars ($70,000) to the Department of Veterans Affairs for carrying out the provisions of paragraph (2) of subdivision (a) of Section 1400 of the Military and Veterans Code. (b) Four hundred fifty thousand dollars ($450,000) to the Northern California Veterans Cemetery Master Development Fund for the Master Development Plan of the Northern California Veterans Cemetery pursuant to paragraph (1) of subdivision (a) of Section 1400 of the Military amd 3 of 4 3/17/99 PM 03/17/1999 17:17 'glslation 916 -4 45 -7 75 0 9 ■ ’■ SENATOR JOHAWNESSEN PAGE 04http://www,«n.ca.gov/hlbin/l«lbin/ca-h.AoM0000.SB00041CURR^bK,T/tT;i/mii/bt Veterans Code. SEC 4. It is the intent of the Legislature that the state apply for and receive the maxiroain amount of federal funds available for the construction and development of the Northern California Veterans Cemetery. Accordingly, both of the following shall apply to funding of the cemetery: (a) The Department of Veterans Affairs shall apply to the State Cemetery Grant Program of the federal Department of Veterans Affairs for a grant of not more than six million dollars ($6,000,000), which amount represents 100 percent of the estimated cost for designing, developing, construction, and equipping the cemetery. (b) The money appropriated under Section 3 of this act may not be expended until the Department of Veterans Affairs has received written approval of (^0 grant requested under subdivision (a) and a commitment from the federal State Cemeteiy Grant Program that the funds appropriated under the grant are available for expenditure by the state, except that the department may expend an amount necessary for completion of the grant proposal from the funds appropriated under subdivision (b) of that Section 3. SEC. 5- This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to commence with the design, development, and construction of the Northern California Veterans Cemetery at the earliest possible time, it is necessary that this act take effect immediately. flpnic Sonatnrs Lctfislation Committees Schtidiilcs Officcs/Caucuses Audlq/TV Please send any questions or comments about this site ic WcbMastcr@sep.ca.uov 4of + 3/17/99 PM TOWN OF YOUNTVILLE MINUTES OF REGULAR COUNCIL MEETING February 9, 1999 I. 6:30 pm Executive Session (closed): Pursuant to Government Code Section 54957: PUBLIC EMPLOYMENT; Title: Finance Officer. Nancy Weiss. Town Administrator reported the Council hired Kevin Plett from St. Helena as Finance Officer. Kevin would begin work in April. 1. Call to Order. Mayor Holt called the meeting to order at 7:04 pm. 2. Pledge of Allegiance. 3.Roll Call: Council Members Present: Judith Borrelli-Caldwell Louis Jefferson Jerry Miner Eric Knight Mary Lou Holt, Mayor Staff Members Present: Nancy Weiss, Town Administrator Dain Anderson, Town Planner Don Davis, Town Attorney Joyce Houghton, Deputy Town Clerk Mike Vivrette, Finance Officer Adoption of Agenda. • Motion Vice Mayor Jefferson, second Council Member Miner to adopt the Agenda as presented. Motion carried by unanimous vote. Approval of Consent Calendar. 5.1 Approval of bills paid to Knight Lumber Company for the month of January 1999 in the amount of $318.22 - Council Member Knight asked that the minutes reflect that, because of his employment by Knight Lumber, he had a financial interest in Item 5.1 under Section 87100 and a “remote interest” under Section 1091 of the Government Code and was accordingly abstaining from participating in any discussion or vote on that item,” • Motion Vice Mayor Jefferson, second Council Member Borrelli-Caldwell to approve Consent Calendar Item 5.1: Approval of bills paid to Knight Lumber Company for the month of January 1999 in the amount of $318.22. Motion carried. Ayes: Borrelli-Caldwell, Jefferson, Miner, Holt; Noes: None; Absent: None; Abstain: Knight. Minutes February 9, 1999 Page 1 V 5.3 5.4 5.2 Approval of remaining bills paid for the month of January 1999 in the amount of $411,334.49 ■ Approval of fiscal year 1998/99 2nd Quarter Treasurer’s Report — September 1 through December 31,1998. Resolution Number 1603-99 granting an easement to Yountville Associates, LLC, a California limited liability company, for installation of underground utility lines • Motion Council Member Knight, second Council Member Miner to approve Consent Calendar Items 5.2 through 5.4. Motion carried. Ayes: Jefferson, Knight, Miner, Borrelli-Caldwell, Holt; Noes: None; Absent: None; ' Abstain: None. Approval of Minutes 6.January 26, 1999 • Motion Council Member Miner, seeond Council Member Borrelli-Caldwell to approve the minutes of January 26, 1999 with amendments to page 3, Item 8.3, change “than” to “that;” page 6, Item 13, delete “etc” from this set of minutes and do not use in any future set. Motion carried. Ayes: Knight, Miner, Borrelli-Caldwell, Jefferson, Holt; Noes: None; ■ Absent: None; ‘ Abstain: None. Public Comment Period (five minute limitation per speaker) Tom Peterson. Adams Street presented some pictures to the Council of the Sportsman’s Club and 2020 Adams Street showing sub-standard windows and indicated he thought it was an abomination that windows like that were allowed to exist. Council Reports 8.1 ABAC Housing Committee and Executive Board Meeting Mayor Holt reported that, although the appointment was not yet finalized, she was being appointed to the ABAC Ad Hoc Housing Methodology Committee and Supervisor Kathryn Winter would be appointed to the peer review committee. 8.2 NCFC&WCD Meeting, February 2, 1999 Mayor Holt reported Mayor Ed Henderson of Napa was appointed Chair of the committee and she was appointed Vice Chair. 8.3 Christmas in April program Council Member Miner reported they had been asking for referrals for this year’s project and so far, all the referrals they had gotten in YountyiHe had fallen through. The deadline for referrals was getting near, so if anyone in Town knew of anybody who fit the criteria of being low income, elderly, or disabled, whose house needed rehabilitation and would like to have it done for free by volunteers, please let him or Mayor Holt know. Minutes February 9, 1999 Page 2 8.4 New Year’s Eve, 2000 Event Mayor Holt reported she had been approached by many people were wondering what the Town was going to do for a community celebration of Y2K and many of those people wanted to serve on committees. The Town needed to have a plan. The Community Hall was already reserved for a community event. She recommended the approach be similar to the Yountvilie Days approach, with a committee and the Town helping. Council Member Knight reminded Council that the Town would also be celebrating its 35“^ Anniversary on February 4, 2000 and suggested that celebration be included. Council agreed and directed this item be agendized. Nancy Weiss, Town Administrator indicated she would talk to the service organizations and Veterans Home for some ideas. Skip Walters was willing to be the Town staff person to help facilitate the group. Mayor Holt • Asked for Council consensus on a donation to the Historical Society in memory of Town Historian, John Wichels, who passed away in January. • Attended the Conference on Smart Growth and brought back some very good material. Committee Reports 9.1 Zoning and Design Review Board meeting, February 2, 1999. Pain Anderson. Town Planner reported on two items: • Approval of variance for lot size reduction to resolve a property encroachment between Glen Silleman and Kirk and Lyn Grace. • Design review by Joe Rossi and Rollie and Sally Heitz for the duplexes at the comer of Yount and Madison Streets. The Board identified a number of issues with the proposed design and referred it back to the applicants for consideration and revision. 9.2 Transportation Advisory Committee meeting, January 29, 1999 Nancy Weiss. Town Administrator reported the Committee was working on making the Town shuttle program a reality. The main items discussed at this meeting were implementation issues on purchasing the buses, getting them here, and looking forward toward promotions and marketing of a program. The Committee wanted to move forward with a community contest for naming the bus and also needed to move forward on selecting a design to make the bus attractive. If the Council was available, staff would arrange to have a bus brought to Town Hall on February 23, for the community and Council to view. The target date to begin service was the beginning of May. There was a place on the back of the bus for sponsors and Gene Halliday was contacting someone in Petaluma to find out details on how that was done. John Hirtin drafted an outline of issues regarding fares and finalizing the program for Council consideration. A meeting was set up this week with the Napa County transportation staff and another would be set up next week with the elected officials, Mayor Holt and Vice Mayor Jefferson, and the Chair of the Napa County Transportation Planning Agency, regarding an operator for the system. Minutes February 9, 1999 Page 3 9.3 Solid Waste Reduction Committee meeting January 19, 19S Nancy Weiss. Town Administrator reported the Committee was moving forward on the recycling trash can project. Thirty cans, received through a grant to the County, were delivered to the Corporation Yard and the Committee would like to arrange a kick-off of the new recycling can program at the beginning of March. Staff would be putting out cans the first week in March and would be focusing on Yountville Park, a couple along Washington Street, and Veterans Park. Signs in English and Spanish had also been prepared and promotion would be done with the Elementary School. 10. Staff Reports 10.1 Highway 29 Signalization update Paul Klassen. Town Engineer reported Argonaut Construction began the work, but ran into a problem getting compaction on the subgrade due to the wet weather, so they were looking at possibly doing some lime or concrete treatment to the subsurface to get it stabilized. They were not working right now and would be getting back to CalTrans with a price for doing that work. If they did not do that work, they would have to wait for things to dry out. . 10.2 Status report on Yountville Elementary School Facilities Joint Use Agreement Nancy Weiss, Town Administrator indicated she spoke with Mike Dencavage, Napa Valley Unified School District, this morning regarding the most recent documents for the joint facilities agreement between the School and the Town. The School District was willing to move ahead with the agreement, but were still having difficulty with - the skateboarding use issues. As directed by the Council, staff would move ahead with the agreement for use, but the skateboard issue would still have to be worked out. 10.3 Rector Water Status Report Nancy Weiss, Town Administrator reported staff was notified yesterday morning by the Veterans Home that the Town could no longer be on Rector Reservoir water, so the switch was made to NBA. It was not known how long Rector would be down. They had been operating on three filters, but the filters couldn’t handle the recent rains and even the Veterans Home was not on Rector. 11. Public Hearing: Use Permit (Carried over from January 26, 1999) Applicants: Site Location: Summary: Resolution Number Joe Rossi and Rollie and Sally Heitz 2043 Madison Street & 6791 Yount Street (APN 36-036-003/004) Proposed Use Permit to allow development of two duplex units for a total of four residential units. 1604-99 Council Members Miner and Borrelli-Caldwell indicated potential conflicts of interest due to the proxemities of their properties to the proposed development; therefore, they would not be participating in the discussion or vote; both removed to the audience. Pain Anderson. Town Planner reviewed the Staff Report. Council Member Knight indicated he was concerned with the Council’s ability to approve a Use Permit before viewing an approved or re-submitted design from the applicant. He Minutes February 9, 1999 Page 4 was willing to discuss the appropriateness of duplexes in that area, but not actually approving the Use Permit. Pain Anderson. Town Planner indicated the Town had six months in which to take final action on the Use Permit, That six months would expire June 30, 1999. Mayor Holt asked the Planner to discuss the water moratorium and how the approvals fit into that. Pain Anderson, Town Planner indicated that at the request of the applicant, the Council considered and amended the urgency ordinance with respect to the water moratorium for new or expanded water connections. The amendment added duplex to the list of single family homes, so there are now two types of residential projects that can go forward during the course of the moritorium. PUBLIC HEARING opened 7:42 pm Lyn Grace. Madison Street indicated she was against the mass and density of the buildings, Jason Jaynes, Yount Street spoke in fayor of the project. Kirk Grace. Madison Street indicated he did not think a duplex was appropriate in that location. Pon Judah. Yount Street indicated anything would be an improyement, but he was concerned with the density. Joe Rossi, applicant indicated he thought the duplexes were a good transition from the high density units to the single family unts. Pon Pavis. Town Attorney indicated there was no requirement for which came first, the design review or the Use Permit. One suggestion for the Council was to give preliminary approval to the general use and bring the issue back for final approval of the size and intensity that the ZPRB determines. PUBLIC HEARING closed 7:49 pm. • Motion Council Member Knight, second Vice Mayor Jefferson to give preliminary approval for the land use and continue the Use Permit public hearing until final Zoning and Pesign Review Board approval on the design issues. Motion carried. Ayes: Jefferson, knight. Holt; Noes: None; Absent: None; Abstain: Borrelli-Caldwell, Miner. • 12. Public Hearing - Appeal of Zoning & Design Review Board decision Applicants: Fred Halpert Owner: Jay Caldwell Site Location: 6518 Washington Street (APN 36-061-007) Summary: Consideration of an appeal filed regarding the ZPRB’s denial of a Sign Review for installation of an illuminated menu display sign at Livefire Grill and Smokehouse. Council Member Borrelli-Caldwell indicated a conflict of interest due to ownership of the restaurant property; therefore, she would not be participating in the discussion or vote and removed to the audience. Pain Anderson, Town Planner reviewed the Staff Report. Minutes February 9, 1999 Page 5 9 ® PUBLIC HEARING opened 8:22 pm. ^ Vincent RuRgeriO' Hopper Creek Village indicated it would be a service to visitors and residents and it should be permitted. Don Henfling, ZDRB Chair asked the Council to provide guidance as the General Plan was not clear; it did not give a good distinction between informational and advertising. PUBLIC HEARING closed 8:30 pm. • Council consensus (4 Members) staff to craft parameter for menu board as information and service, amend the ordinance, and bring back for Council approval. To suspend action on appeal and allow Mr. Halpert to display a menu, but not the one he proposed. RECESS; 8:38 pm to 8:50 pm. 13. Town Bike and Pedestrian Pathways Master Plan Presentation by Randy Hester, Community Development by Design. Pain Anderson. Town Planner reviewed the Staff Report. Randy Hester, Community Development by Design reviewed the Bike and Pedestrian Pathways Master Plan. ■ Mike Miller. Napa County Trails indicated a County connection was important to everyone. The County applied for a grant to improve bike paths on Yountville Cross Road and would like a positive statement in the Town’s pathways plan for connect to the County trails. Lionel Hvolboll. Allied Council Representative indicated members of the Veterans Home objected to the general public going through the Veterans Home grounds. Chuck Wharff, Napa County Bicycle Advisory Committee indicated that seyeral years ago the Committee published a manual with maps of bike trails in the County. Recently the Committee was asked to produce a map that would show bicycle trails within the yarious cities and how they connect to the County, Pain Anderson. Town Planner indicated the extent of the trails the Town was looking at on the west side would connect the Town with the golf course and the museum and would not pass on through the Veterans Home. Nancy Weiss. Town Administrator indicated some of the maps did show a pathway to the swimming pool. That was meant to show a current cotmection and not an intent for any physical improvements. • Council consensus to direct staff to initiate steps to adopt the Bicycle and Pedestrian Pathways Master Plan and Town Design Plan and to amend the General Plan to incorporate applicable portions of the Master Plan and Town Design Plan. 14. Request for Contribution Request for contribution toward the production of a Magical Moonshine Theater Puppet show. . Nancy Weiss, Town Administrator reviewed the Staff Report. • Motion Council Member Borrelli-Caldwell, second Council Member Miner to waive the Community Hall rental fees in the amount of $605 and contribute $200 toward the perpormance. Motion carried. ' Minutes February 9, 1999 Page 6 9 Ayes: Knight, Miner, Borrelli-Caldwell, JeffersonTTIolt; Noes; None; Absent: '■ None; Abstain: None. 15. Implementation of Town Water Retrofit and Rebate Program 1. Resolution Number 1605-99 adopting the schedule of Water Use Factors for the Town of Yountville Water Service Area. 2. Resolution Number 1606-99 adopting the Plumbing Retrofit and Rebate within the Town of Yountville Water Service Area. Paul Klassen. Town Engineer reviewed the Staff Report. • • Motion Vice Mayor Jefferson, second Council Member Miner to waive the reading and adopt Resolution Number 1605-99, adopting the schedule of Water Use Factors for the Town of Yountville Water Service Area with an amendment to Attachement I, page 3: change calculations for Laboratory (analytical), Laundromat, and Mobile Home park to reflect “consumption.” Correct calculations in Examples 1, 2, and 3. Motion carried. ' Ayes: Miner, Borrelli-Caldwell, Jefferson, Knight, Holt; Noes; None; ' Absent: None; Abstain: None. • Motion Vice Mayor Jefferson, second Council Member Miner to waive the reading and adopt Resolution Number 1606-99, adopting the Plumbing Retrofit and Rebate within the Town of Yountville Water Service Area, with amendment to page 3, Retrofit for Residential Remodeling, change to: “Residential remodeling will trigger a retrofit of the remodeled residence only if the remodeling would increase water use. Remodeling .... “ Motion carried. ' Ayes: Borrelli-Caldwell, Jefferson, Miner; Noes: Knight, Holt; Absent: None; Abstain: None. • Motion Council Member Miner, second Council Member Knight to approve $25,000 allocation from the previous General Fund transfer and allocation of $350,000 for securing additonal water Ayes: Jefferson, Knight, Miner, Borrelli-Caldwell, Holt; ■ Noes: None; Absent: None; ■ Abstain: None. 16. Hopper Creek Setback - Discussion Council Member Kniuht indicated he would abstain from consideration of this item because he owned property along the Hopper Creek corridor. ' Pain Anderson, Town Planner reviewed the Staff Report. Mayor Holt asked why the proposal would not change the existing nonconforming fence status along Hopper Creek for Heritage Estates. Minutes February 9, 1999 Page 7 Pain Anderson, Town Planner indicated those home were consfflfcted after the 1976 adoption of the Overlay District. They would be subject to conforming with at least the ten foot setback. ” Don Davis. Town Attorney indicated the administrative findings for the excluded properties would be that all ten properties were pre 1976, they have small back yards with building pads very close. Council Member Miner asked if a mobile home was included in the concept of a building constructed prior to 1976? Pain Anderson, Town Planner indicated both parks were constructed prior to that date and both had fences at top of bank. Council Member Miner indicated he would like to see changes to: # 8 — change from “....requirements of Condition 6.” to “....requirements of this ordinance. ” Council consensus: to amend as suggested by Council Member Miner. Meeting recessed to Executive Session at 10:23 pm 17. E.xecutive Session (closed): . Pursuant to Government Code Section 54956.9 subdivision (c): CONFERENCE WITH LEGAL COUNSEL — Anticipated litigation. (9 potential cases) 18. Adjournment. Meeting adjourned at 12:05 pm. Approved by Council: ATTEST: (date)K. Joyce Houghton, CMC, Deputy Town Clerk Minutes February 9, 1999 Page 8 TOWN OF YOUNTVILLE MINUTES OF REGULAR COUNCIL MEETING I. 4:00 pm February 23, 1999 Executive Session: Pursuant to Government Code Section 54956.8: Conference with Real Property Negotiator. Property: 036-090-22 II. 5:30-6:30 pm Work Session: Town Council and Transportation Advisory Committee regarding projected Around Town shuttle program. III. 7:00 pm Regular Council Meeting: 1. Call to Order. Mayor Holt called the meeting to order at 7:00 pm. 2. Pledge of Allegiance. Roll Call: Council Members Present: Judith Bon-elli-Caldwell Louis Jefferson Jerry Miner Eric Knight Mary Lou Holt, Mayor Staff Members Present: Nancy Weiss, Town Administrator Dain Anderson, Town Planner Preston Shackelford, Town Attorney Joyce Houghton, Deputy Town Clerk Paul Klassen, Town Engineer Adoption of Agenda. • Motion Council Member Miner, second Council Member Borrelli-Caldwell to adopt the Agenda as presented. Motion carried by unanimous vote, Approval of Consent Calendar. — none Approval of Minutes — None. 7. P ublic C omment P eriod Megan Mason. Heritage Court asked what it was that Council wanted to do regarding the Creekside Overlay and questioned the legality of it. Dain Anderson. Town Planner responded with an overview of the current status of the Creekside Overlay. ■ 8. Council Reports 8.1 Consideration of donation to Napa County Historical Society in memory of John Wichels, Town Historian. Minutes February 23, 1999 Page 1 ic ao'Mayor Holt suggested the Town make a donation to the Historic society in memory of Town Historian, John Wichels. • Motion Council Member Miner, second Vice Mayor Jefferson to donate $100 to the Napa County Historical Society in memory of John Wichels. Motion carried by unanimous vote. 9. Committee Reports 9.1 Presentation from Yountville Business Strategy Committee — Yountville Chamber of Commerce — regarding business issues in Yountville. Jack Jackson. Chamber of Commerce Business Strategy Committee presented the findings of the Committee including using the former fire station property for “artist of the month” displays and the design for a “welcome to Yountville” sign made in the form or an arch to be placed at each end of town. Council Member Knight suggested the Business Strategy Committee contact CalEd (California Association for Local Economic Development), a professional economic development membership organization dedicated to advancing it’s members abilities to achieve excellence and delivering economic development services to their communities and business clients. Jack Jackson. Chamber of Commerce Business Strategy Committee indicate the Committee also recommended changing the name of Madison Street to Yountville Cross Road. Council Member Miner indicated that if the goal was to make it easier for people to get where they were going, what they were really talking about was better directional signage, not changing the name of streets. Regarding the fire station site, he liked the idea in concept, but thought the site was something that needed serious town-wide conversation as to what the community wanted. This was an interesting possibility that could be included. Mayor Holt referred to finding #2 and indicted she thought that if it was a serious consideration for the Chamber office to be on the old fire house site, they needed to expand upon it especially because the Town was in the middle of a community facilities study and this would be a real change from previous discussions, 1 6. Stafif Reports . 10.1 Community Hall Master Plan and Retail Overlay revised schedules. Nancy Weiss. Town Administrator reviewed the new dates. 10,2 Flood Control Program: Status report on Measure A and County-wide flood control activities, Paul Klassen. Town Engineer reviewed the two primary flmding sources and how the funds were used; Napa County Resource Conservation District (RCD) limited funding received from the CalFed for erosion control and sediment reduction study in the Upper Hopper Creek Stuardship Program. Staff identified thirteen possible projects in the Yountville area that may be funded from flood control, the Town would be lead on seven of the projects and three were existing projects. Additionally, the Town was working on the mobile home elevation program; Hopper Creek obstruction removal; Hopper Creek, Minutes February 23, 1999 Page 2 9 Beard Ditch study of the lower end of town; possible improvements to culverts on Land Lane. The County and RCD installed some stream gages on Hopper Creek and Napa River which will- help give better rain data and flow data to do their models on and provide advanced warning when large flows occur. Major flooding issues were mostly related to the Napa River and three computer models had been developed so far: Napa County had one, RCD had one, and the third was being developed as a result of the lawsuit by the residents of the mobile home park. 10.3 Report on February 22"‘^ Gang Forum sponsored by the Town and Napa County Sheriffs Department. Nancy Weiss. Town Administrator indicated several representatives from the Sheriffs Department and also the school resources officer from the City of Napa, as well as a representative from the Health & Human Services Agency in Napa. About 12 to 15 parents and children attended. 11. Presentation of 1997/98 Fiscal Year Audit Terry Krieg. Town Auditor reported no significant material weaknesses were found in the financial system. The Town’s General Fund ended the year with a $729,000 balance; the Special Revenue Fund ended the year with $1.4 million in the fund. The Town continues to manage its financial resources quite well; the Capital Projects Fund ended the year with a fund balance of $2.4 million. Enterprise funds, which report somewhat similarly to commercial entities; water enterprise ended the year with about $300,000 in retained earnings; wastewater enterprise ended the year with about $ 1.7 million in retained earnings, and recreation ended the year with about $10,000. The Town is free of general long tenn debt and no substantial debt in the Town’s enterprise funds which is a significant achievement in today’s world. Before operating transfers, the Town had excess revenues of $267,000; the Special Revenue Funds had excess revenues of about $439,000, and the Capital Projects was spent down to about $123,000 primarily because of the on-going capital projects last year; undergfounding utilities and other street and drainage improvements. 12. Farmers Market — Report on Winter 98-99 Farmers Market: discussion regarding Spring and Summer Farmers Market in Yountville. Joan Taramasso. Mai'ket Manager indicated the Winter Market came to within $20 of breaking even. The problem was with the time and date; the place was great. The next market should not be in the morning since there were already markets on -Tuesday mornings and Friday mornings. She recommended a continuous Market from May through • October on Wednesday evenings. 13. Public Hearing: Zoning Ordinance amendment Applicant: Town of Yountville Site Location: Town-wide Ordinance Number 287-99: Proposed amendment to Section 6.3.b of the Zoning Ordinance to add a definition of a restaurant menu display sign and an amendment to Section 6.3.d of the Zoning Ordinance to add restaurant menu display signs as permitted signs, subject to approval of the Planning Officer. Pain Anderson, Town Planner reviewed the Staff Report. ■ PUBLIC HEARING opened 8:06 pm Fred Halpert, owner. Livefire indicated approval of the amendment. ‘ Jan Fechter, Chamber of Commerce President indicated approval of the amendment. ' Minutes . February 23, 1999 Page 3 9 9 PUBLIC HEARING closed 8:10 pm ^ • Council Member Miner, second Council Member Bonelli-Caldwell to introduce Ordinance Number 287-99, amending Section 6.3.b of the Zoning Ordinance adding restaurant menu display sign definition and amending Section 6.3.d of the Zoning Ordinance adding restaurant menu display signs as permitted signs, subject to approval of the Planning Officer, with amendments to: Section 6.3.b - Supplemental Definitions: “Restaurant Menu Display Sign - A sign, board, or glass- case on Section 6.3.d - Permitted Uses. nVf): “Restaurant menu display signs, subject........... ......an indirect light source. The design and finish of a restaurant menu display sign shall be compatible with- and eemplimentaiy of harmonious with ihs style of the building on which ....Motion carried. Ayes: Jefferson, Miner, Borrelli-Caldwell, Holt; Noes: Knight: Absent: None; . Abstain: None. . 14. Madison Street Traffic Issues: Discussion • Consideration of stop sign at Madison and Jefferson Street • Traffic and speeding issues • Discussion regarding possible name and directional signage change Pain Anderson. Town Planner reviewed the Staff Report. Brvan Lillianthal. Madison Street suggested the Town improve the current signage and install undulations instead of installing stop signs. He had seen examples in Sacramento and would be happy to take someone to see them. He did not think Madison Street should have its name changed, it was not a natural extension of Yountville Cross Road, and would probably increase the traffic speed. ■ Roy Onesti, corner of Madison/Jefferson Streets indicated he agreed with Bryan regarding the intersection. He had lived on that street for the past twenty-four years and in the last two years he had seen the traffic quadruple on that street. He had seen cars accelerate from Yount Street to Washington Street up to at least 55 mph. Jack Jackson indicated he thought the street name should be changed. . Lynn Grace. Madison Street indicated a lot of children walked along Madison and there was a park at the other end; safety was the issue. The speed limit was 25 mph, so why were they basing the statistics on a car going 40 mph before a stop sign was installed? ■ Tony McClimans, Madison Street indicated people were driving much more rapidly on that street; it was no longer possible to saunter across the street to talk to a neighbor. Mike Milat. Deputy Town Sheriff indicated it would be better to change the “yield” at Yount and Madison to a three-way-stop rather than installing speed undulations. Speed undulations could cause damage to emergency vehicles. Council Member Knight indicated he would like to see all traffic slowing measures used and would also lean toward a stop sign at the intersection. Council Member Miner indicated he would like to know more about the undulations and wondered if Bryan could identify where the undulations were located in order for the Planner or Engineer to make contact with that jurisdiction. Mayor Holt indicated the primary consideration was safety; expense would be negligible; more numbers were needed from the new radar gun and more specific criteria to help make the decision Minutes February 23, 1999 Page 4 of whether to use undulations, stop signs, or some other means of lowing traffic. A majority of the Council seem very serious about considering the stop sign instead of just a yield. There should also be additional signage on Yountville Cross Road and most seem to favor a cross walk on Madison. Nancy Weiss. Town Administrator indicated staff would need time to look at the different options and suggested staff bring it back to Council in late March or early April with short term and long term options. RECESS: 9:55 pm to 10:10 pm 15. 1998-99 Mid-Year Budget Review and Amendments: Resolution Number 1607-99, amending Resolution Numbers 1472-98 and 1473-98. Nancy Weiss. Town Administrator reviewed the Staff Report. Council consensus to form a citizen committee for replacement of equipment at Vineyard Park. Put up a sign for ideas. • Motion Council Member Knight, second Council Member Borrelli-Caldwell to adopt Resolution Number 1607-99 and waive the reading. ' Ayes: Miner, Borrelli-Caldwell, Jefferson, Knight, Holt; Noes: None; Absent: None; Absuiin: None, 16. Adjournment. • Motion Vice Mayor Jefferson, second Council Member Knight to adjourn the meeting. Motion carried by unanimous vote. Mayor Holt adjourned the meeting at 10:55 pm. Approved by Council:ATTEST: (dale)K. Joyce Houghton, CMC, Deputy Town Clerk. Minutes February 23, 1999 Page 5 TOWN OF YOUNTVILLE RESOLUTION NUMBER 1619-99 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AUTHORIZING THE RISK MANAGER TO REJECT CLAIMS FOR DAMAGES AGAINST THE TOWN AND FORWARD SUCH CLAIMS TO THE TOWN'S INSURANCE CARRIER FOR PROCESSING.________________________________________________________________ WHEREAS, as a matter of practice, whenever a claim against the City is received, it is placed on the agenda for the next Town Council meeting with recommendation that it be rejected and forwarded to the Town's insurance carrier; and WHEREAS, this practice introduces a delay into the processing of claims; and W hereas , providing for the administrative rejection of claims would expedite their handling while meeting the requirements of the Government Code; and W hereas , Section 935.4 of the Government Code specifically provides for this process. NOW, THEREFORE, BE IT RESOLVED that the Yountville Town Council hereby authorizes the Risk Manager to notify the claimant that the claim against the Town has been rejected and referred to the Town’s insurance carrier. Be It Further Resolved that the Risk Manager shall forward such rejected claim to the Town's insurance carrier for processing and notify the Town Council of the submission of the claim, Mary Lou Holt-, Mayor ■ STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) I. K. Joyce Houghton, CMC, Deputy Town Clerk of the Town of Yountville, do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20th day of April, 1999 by the following vote; AYES; NOES: ABSENT: ABSTAIN; K. Joyce Houghton, CMC, Deputy Town Clerk Item *5,1 TOWN OF YOUNTVILLE RESOLUTION NUMBER 1620-99 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE APPROVING AMENDMENT NO. 4 TO NAPA VALLEY TRANSIT AGREEMENT NO. 6647/3509. W hereas , the Cities of Napa, American Canyon, St. Helena, Calistoga, the Town of Yountville, and the County of Napa entered into an agreement on June 21, 1994 for the provision of Fixed route general public transit services; and W hereas , the parties have benefited from the provision of such service and have agreed that their costs of participating have been reasonable and acceptable; and W hereas , the parties wish to amend that Agreement to contribute to the local match for purchase of onboard video cameras for the bus fleet; and (2.9%). w hereas , the apportionment from the Town of Yountville is $974 NOW, therefore , B e I t resolved by the Town Council of the Town of Yountville that Napa Valley Transit Agreement No. 6647/3509, Amendment No. 4, attached hereto as Exhibit “A,” is hereby approved. Be it Further Resolved by the Town Council of the Town of Yountville hereby approves the contribution to funding from the Town’s apportionment of Transportation Development Act (TDA) funds in the amount of $974 for FY 1999/00. Mary Lou Holt, Mayor STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) I. K. Joyce Houghton. CMC. Deputy Town Clerk of the Town of Yountville. do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20th day of April, 1999 by the following vote: AYES; NOES; ABSENT; ABSTAIN: K. Joyce Houghton, CMC, Deputy Town Clerk Resolution Number - 1620-99 ADOPTED- April 20, 1999 page 1___________ 0 NAPA VALLEY TRANSIT AGREEMENT NO. 6547/3509 AN AGREEMENT BETWEEN THE CITIES OF NAPA, AMERICAN CANYON, ST. HELENA, CALISTOGA, THE TOWN OF YOUNTVILLE AND THE COUNTY OF NAPA FOR THE PROVISION OF GENERAL PUBLIC INTERCITY BUS SERVICE AMENDMENT NO. 4 THIS AGREEMENT was entered into this _day of 1999 between the City of Napa, a Municipal Corporation (hereinafter called “NAPA") and the cities of American Canyon, St. Helena. Calistoga, the Town of Yountville and the County of Napa (hereinafter called “Participating Jurisdictions”). WITNESSETH WHEREAS, the parties have entered into City Agreement No. 6647 (County Agreement No. 3509) dated June 21, 1994 for the provision of fixed route general public transportation services, and; WHEREAS, the parties wish to amend that Agreement to extend its provisions for one additional year. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Paragraph C of Section I. GENERAL CONCEPT is amended to read: C. Service shall be provided Monday through Sunday. No service shall be provided on the following holidays; New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Days. On President's Day, a Saturday schedule will be run. The actual operating days and times shall be based upon the published schedule available to the general public. Paragraph G of Section II ADMINISTRATION is amended to read : G. The net cost for each Participating Jurisdiction for Fiscal Year 1999-2000 shall be pursuant to ATTACHMENT lA' - FY 1999/200 Capital and Operating Budget. Paragraph A of Section V. TERM is amended to read as follows: V. TERM A. The term of this contract shall commence July 1, 1994, and shall end June 30, 2000. B. If Participating Jurisdictions wish to continue their participation in Napa Valley Transit beyond the term of this contract (June 30, 2000), each Participating Jurisdiction shall communicate this desire in writing to Napa no later than March 31,2000. Except as expressly modified herein, ail terms of the original Agreement and all amendments thereto shall remain in full force and effect. NVT BUDGET FY 1999/00 ATTACHMENT A - PAGE 1 Assumptions: Additional service funded from TFCA $ and increased fares - $62,750 Contractual Costs unchanged from FY 1998/99 All Countywide STA funds applied to NVT net costs Funding apportionment remain unchanged FUND 29 ADMIN FY 1998/99 FY 199/00 % Change Supplies $1,800 $1,800 0% Travel/Trn/Dues $1,980 $2,000 1% Audit $1,000 $2,000 100% TFCA $1,000 Interdept Chgs S 47,135 $49,840 6% TFCA $1,140 Plan Update s 15,000 $10,000 -33% Marketing $20,000 $25,000 25% TFCA $5,000 Subtotal Amin $86,915 $90,640 4% OPERATIONS Fuel/Lube '$41,000 $46,159 13% TFCA $3,159 Supplies $2,500 S 2,500 0% Equip. Maint $2,500 $1,500 -40% Facility Maint s 5,000 $4,500 -10% Utiiites $5,000 $6,500 30% Insurance $25,000 $25,000 0% Contractual $395.300 $444,239 12% TFCA $48,239 Interdept Chgs ’s 1,500 $500 -67% RiDELINE $15,000 $17,000 . 13% Subtotal Operations $492,800 S 547,898 11% MAINTENANCE Fuel/Lube $600 s 600 0% Supplies $3,500 $3,500 0% Vehicle Maint s 55,000 $64,212 17% TFCA $4,212 Facility Maint $3,500 $4,500 29% Rent/City Equip $500 $900 80% Interdept Chgs $1,000 $500 -50% Subtotal Maintenance.$54,100 $74,212 16% TOTAL $643,815 $712,750 $62,750 Distribution:$643,815 $712,750 11% Fares s 128,763 $ ■142,550 11% STA Regional $18,500 $19,450 5% Misc. Revenue $3,500 $3,500 0% STA 70%$193.069 $175,105 -9% FTA $44,000 -100% TDA $255,983 $321,945 25% A8434 (TFCA)$50,200 Total $643,815 $712,750 11% nvtbdgt9900 ATTACHMENT A - PAGE 2 Project CoinSorter Microwave Radio System Road Supervisor Van Capitalized Maintenance VanGO Computer Dispatch System VlNE/NVT/VanGO Capital Projects Summa Amount Fund Source $ 6,000 STA Rev Based $ 150.000 80% FTA 20% TDA $ 18,000 80% FTA 20% TDA $ 65,000 FTA 100% VINE only ?TDA FY 1999/00 total 239,000 Distribution: FTA funds $199,400 TDA Distribution Napa STA $6,000 Napa 55.5%$18,648 TDA local Match $33,600 County 25.4%S 8,534 total $239,000 Am Cyn 7.6%s 2,554 St Helena 4.7%$1,579 Calistoga 3.9%s 1.310 Yountviile 2.9%s 974 TDA Total 100.0%$33,600 Page 3 ATTACHMENT A - FY 1999-2000 CAPITAL AND OPERATING BUDGET DISTRIBUTION TDA DISTRIBUTION FOR NVT BUDGET Agreement TDA TOTAL FY 98/99 $ 255,983 FY99/00 Proposed $ 321,945 Difference % Diff Cap Capital Total Napa 55.5%$142,071 $178,679 $36,608 26%$264,000 $18,648 $197,327 County 25.4%$65,020 $81,774 $16,754 26%$116,000 $8,534 $ 90,308 Am Cyn 7.6%$19,455 $24,468 $5,013 26%$31,500 ■$2.554 $ 27:021 St Helena 4.7%$12,031 $15,131 $3,100 26%$25,400 $1,579 $ 16.711 Calistoga 3.9%$9,963 12,556 $2,573 26%$18,800 $1,310 $ 13,866 Yountville 2.9%$7,424 $9,336 $1,913 26%$14,100 $974 $ 10,311 TOTAL 100% $ TOTAL OPERATING AND nvtdis9900 255,983 CAPITAL $ $ 321,945 355,545 $65,962 26%$469,800 $33,600 $355,545 To expedite this AGREEMENT, the signature pages hereto signed by each Participating Jurisdiction shall be added to those signature pages signed by all other Participating Jurisdictions to complete a total package of signature pages. IN WITNESS WHEREOF, the parties have duly executed this AMENDMENT the day and year first written above CITY OF NAPA A Municipal Corporation By:_________________ Mayor of Napa ATTEST: City Clerk APPROVED AS TO FORM: COUNTY OF NAPA, A Political Subdivision of the State of California .By: Chair, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: City Attorney Countersigned: Auditor/Controller CITY OF ST. HELENA B y:________________ St. Helena Administrator ATTEST: APPROVED AS TO FORM: County Counsel TOWN OF YOUNTVILLE By:___________________ Town Administrator ATTEST: Town Clerk CITY OF CALISTOGA By:_____________________ Mayor of Calistoga ATTEST: St. Helena Attorney CITY OF AMERICAN CANYON By:________________________ Mayor ATTEST:__________________ American Canyon City Clerk APPROVED AS TO FORM: City Clerk APPROVED AS TO FORM: Calistoga Attorney American Canyon Attorney A:\word\nvtagreeamend4 Town of Yountville RESOLUTION NUMBER 1621-99 A RESOLUTION OF THE YOUNTVILLE TOWN COUNCIL approving Napa County Agreement for the administration of the Napa City/County Taxi Subsidy Program for Fiscal Year 99/00. WHEREAS, the County wide Transpoitation Plan prepared by the County under mandate of the Metropolitan Transportation Commission includes a proposal that the County of Napa, City of Napa, and Town of Yountville jointly provide a transportation user subsidy for the elderly or disabled residents in the greater Napa area and Town of Yountville; and WHEREAS, the parties have operated such a subsidy program since fiscal year 1993-94, and now desire to operate a similar subsidy program during fiscal year 1999/2000. NOW, THEREFORE, BE IT RESOLVED that the Yountville Town Council hereby approves Napa County Agreement for the administration of the Napa City/County Taxi Subsidy Program for Fiscal Year 99/00 and authorizes the Town Administrator to execute the Agreement. BE IT FURTHER RESOLVED that the Yountville Town Council hereby approves the contribution to funding from the Town's apportionment of Transportation Development Act (TDA) allocation funds in the amount of $2,067.00 for FY 99/00. Mary Lou Holt, Mayor STATE OF CALIFORNIA ) COUNTY OF NAPA }§ TOWN OF YOUNTVILLE } I, Deputy Town Clerk of the Town of Yountville, do hereby certify the I'oregoirig Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20th day of April. 1999 by the following vote: . AYES: NOES: ABSENT: ABSTAIN: K. Joyce Houghton. Deputy Town Clerk Resolution Number 1621-99 Adopted 4/20/99 page 0 AMENDMENT NO. 1 City of Napa Agreement No. 7214 County of Napa Agreement No. 3355 Town of Yountville Resolution No. 1443-98 ELDERLY AND DISABLED TAXI SUBSIDY PROGRAM WHEREAS, the City of Napa, County of Napa and the Town of Yountville have entered into an Agreement to provide a user-side subsidy to elderly and disabled persons for taxi service in their jurisdictions, and; WHEREAS, the Parties to this Agreement wish to continue this program for the Fiscal Year beginning July 1, 1999, NOW, THEREFORE, the parties hereto amend subject Agreement as follows: SECTION V. CONTRIBUTION OF FUNDS is amended as follows: a. The City, County and Town will contribute to the funding of the scrip program based on estimated proportionate use of the program, with the Town contributing 2% of the net TDA funds, the County contributing 9.8% of net TDA funds, and the City of Napa contributing 88.2% of the net TDA costs. Passenger fares (scrip sales) shall contribute 41 % of total operating costs of the program. A copy of the 1999-00 budget is attached and made part of this Agreement as EXHIBIT 2, Budget attached. b. This Agreement constitutes authorization to the City of Napa to claimr' funds as authorized pursuant to Section V, Contribution of Funds herein from the County and Yountville’s apportionment of Transportation Development Act (TDA) funds to administer and operate the program. The City will contribute ninety-one thousand one hundred sixty-two dollars ($91,162) (88.2%), the County will contribute ten thousand one hundred twenty-nine dollars ($10,129) (9.8%), and the Town of Yountville will contribute two thousand sixty-seven dollars ($2,067) ($2%). The remaining ninety-six thousand six hundred forty- two dollars ($96,642) is anticipated to be contributed through sale of passenger scrip ($83,500) and STA Regional paratransit funds ($13,142.). IN ALL OTHER RESPECTS, City Agreement No. 7214/County Agreement No. 3355/Town of Yountville Resolution No. 1443-98 shall remain unchanged except as amended herein. IN WITNESS WHEREOF, the parties have executed this AMENDMENT THIS DAY O F _______ 1999. CITY OF NAPA A Municipal Corporation By;___________________ Mayor ATTEST: City Clerk APPROVED AS TO FORM: COUNTY OF NAPA, A Political Subdivision of the State of California By:___________:_____^_____ Chair, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: City Attorney COUNTERSIGNED: County Counsel TOWN OF YOUNTVILLE: Controller Town Administrator ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney A:\word\taxiamend9900 FY 1999/2000 TAXI SUBSIDY BUDGET Attachment 3 FUND 30 5721 Contractual Scrip Printing/Postage Interdept Charges ADA Coordinator TOTAL Revenue: Scrp Sales STA TDA 002-57 28 58 003-57 Distribution Napa County Yountville Total 88.20% 9.80% 2% FY 98/99 FY 99/00 % Change $200,000 $167,000 -17% $12,000 $15,000 25% $18,000 $18,000 0% $U.100 -100% $244,100 $200,000 -18% $100,000 $83,500 -17% $14,100 $13,142 -7% $130,000 $103,358 -20% $244,100 $200,000 -18% $114,660 $91,162 -20% $12,740 S 10,129 -20% $2.600 $2,067 -20% $130,000 $103,358 -20% Taxibdgt9900 MAYOR: VICE MAYOR: COUNCIL: Mary Lou Holt Louis Jefferson Kristie Thollander Jerry Miner Eric Knight Town Council Mee t i n g A G E N D A 7:00 p.m. April 20,1999 . TOWN HALL COUNCIL CHAMBERS 6550 YOUNT STREET YOUNTVILLE, CALIFORNIA 94599 1. 2 . 3. 4. 5. Call to Order Pledge of Allegiance Roll Call Adoption of Agenda Approval of Consent Calendar 5.1 Resolution Number 1619-99 authorizing the Risk Manager to reject claims for damages against the Town and forward such claims to the Town’s insurance carrier for processing. 5.2 Resolution Number 1620-99 approving amendment No. 4 to Napa Valley Transit Agreement No. 6647/3509. 5.3 Resolution Number 1621-99 approving Napa County Agreement for the administration of the Napa City / County Taxi Subsidy Program for Fiscal Year 1999/2000. 5.4 Resolution Number 1629-99 approving job description for the position of Finance Director. ■ ’•'CONSENT CALENDAR ITEMS are expected to be routine and non-controversial for which approval is recommended. At any time during the meeting any interested party or member of the Town Council may request that an item be removed from the consent calendar and it will be taken up in the order indicated by the Agenda. Approval of Minutes 6.1 Minutes of February 9, 1999 6.2 Minutes of February 23, 1999 P ublic C omment P eriod (five minute limitation per speaker)' Note: Pursuant to Government Code section 54954.3 (the Brown Act), this is the time aiiotted for the public to address the Council on subjects relevant to the Town that are not on the agenda. Please be aware that the Council cannot take action on items that are not on the agenda. 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, ................................................................................................................................................................... AGENDA April 20, 1999 Page 1 Pursuant to Government Code section 54954,3, the public may address the Council on each agenda item during the Council's consideration of that item. Depending on the number of speakers or the interest in the item, the Council may, at its discretion, limit the period of comment for each speaker to five (5) minutes or less. Tlie Council may also restrict, at its discretion, the time allotted for each speaker if the speaker's public comments become irrelevant to the agenda item or repetitious. 8. Council Reports ■ 8.1 Discussion & possible action regarding: ' 1. Support of SB281 (ChesbroAViggins) regarding California Veterans Home Post Fund. , 2. SB4 (Johannessen) Veterans Home Cemetery. 9. Committee Reports 9.1 Zoning and Design Review Board — Status of vacancy 9.2 Transportation Advisory Committee — Report on implementation of Yountville Shuttle Service. 10. Staff Reports 10.1 Announcement of Recycling Program Expansion for auto batteries, paint, and anti-freeze. 10.2 Update on Westside Pathways and intersection improvements. 10.3 Municipal Code update status: Uniform Fire Code work session. ’ 10.4 April 26, 1999 Worksession - Community Hall Master Plan 11. Presentations: 11.1 Brad Onorato representing Congressman Mike Thompson, report on constituent services 11.2 Yountville Chamber of Commerce, report on Taste of Yountville. 11.3 Town Water Conservation Program: presentation by Marshall Hart, Water Conservation ' Program Coordinator. 12. Public Hearing: Zoning Ordinance Amendment: CONTINUED Introduction and First reading of Ordinance Number 288-99, pertaining to the Creekside Overlay Zoning District. 13. Public Hearing: Use Permit Applicant; Town of Yountville and Yountville Chamber of Commerce Site Location: 6539 Washington Street Summary; A Use Permit to allow the operation of a Farmers Market on Wednesday evenings from 4:00 pm until 8:00 pm within the north parking lot of Vintage 1870 . / Compadres Mexican Bar & Grill. Resolution Number 1622-99 approving Use Permit to allow the operation of a Fanners Market • within the parking lot at 6539 Washington Street, on Wednesday evenings from 4:00 pm until 8:00 pm. ■ Resolution Number 1623-99 approving Professional Services Agreement between the Town of Yountville and Joan Taramasso and Barbara Payton for coordination and management of a Spring through Fall Farmers Market in Yountville. AGENDA April 20, 1999 Page 2 14. Public Hearing: Zoning Ordinance Amendment Applicant: Town of Yountville Site Location: Washington Street from California drive to Humboldt Street Summary: Ordinance Number 289-99 Amendment to add a Retail Overlay District to preserve and promote retail opportunities and development within the Town’s commercial core. 15. Public Hearing: Urgency ordinance Application: Consideration of extending Urgency Ordinance Number 280-98 Applicant: Town of Yountville Site Location: Town-wide . Summary: Ordinance Number 290-99 Extending Ordinance Number 280-98, a Water Shortage Emergency and urgency ordinance which may include imposition of restrictions on the approval of new water connections and the expansion of existing water connections as an urgency measure due to a threatened water shortage as provided for by the State Water Code. 16. Public Hearing: Municipal Code Amendment Applicant: Town of Yountville Summary: Ordinance Number 291-99, amending Title 2 of the Yountville Municipal Code relating to the Office of Finance Director; changing the title of Finance Officer to Finance Director; and re-assigning various financial duties from the Town Administrator to the Finance Director. 17. Yountville Elementary School Recreation Areas Resolution Number 1625-99, A Resolution of the Town Council of the Town of Yountville approving Agreement No. D-307-99 between Napa Valley Unified School District and the Town of Yountville for the use of Yountville Elementary School Recreation Areas and authorizing the Town Administrator to execute the agreement. ' 18. Yountville Landscaping and Lighting District • Resolution Number 1626-99, designating Coastland Civil Engineering as the engineer-of- work and directing the filing of the Engineer’s Report. • Resolution Number 1627-99, a Resolution of Intention accepting the filing of the Engineer’s Report and setting the time and date for the public hearing. 19. Vineyard Park Tennis Courts Resolution Number 1628-99, establishing policy for Vineyard Park Tennis Courts and amending Resolution Number 1047-94. AGENDA April 20, 1999 Page 3 20. Executive Session: 1. Pursuant to Government Code Section 54956.8: Conference with Real Property Negotiator. Property: 036-090-22 Yount Street Agency negotiators: Nancy Weiss, Town Administrator; Diane Price, Town Attorney Negotiating Parties: Steven Bardessono Under negotiation: Price'and terms of agreement 21. Adjournment Adjourn to worksession regarding Community Hail Master Plan, April 26, 1999 at 7:00 PM, Town Hall Council Chambers. ' Note: The Town encourages the public to submit written comments relevant to the Council's agenda at least one day prior to the meeting where the agenda item is to be discussed. The submission of written comments allows the Council more time to consider the matter, and, in situations where there is significant public interest in a matter, enables the Council to consider a greater amount of input than may be possible if the comments are presented orally at a meeting. Written comments submitted at Town Hall at least one day prior to a meeting will be delivered to each Council Member prior to the meeting. ♦♦AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall (707) 944-8851. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [18 CFR 35.102­ 35.104 ADA Title II] Assistive listening devices are available upon request.________________ AGENDA April 20, 1999 Page 4 ' V " ' y - h ' ■:■ TO: FROM: DATE: Mayor and Town Council x-—\ Nancy Weiss, Town Administrator a April 20, 1999 Meeting VV ^ SUBJECT: Vineyard Park Tennis Courts Lock and Key Policy BACKGROUND Since 1991, the Town Council has enforced a policy for the use of Vineyard Park tennis courts. As part of the resolution, a fee of $25.00 was established for a two year period to provide for individual keys to the tennis courts. The keys are intended to stop unauthorized •use of the courts and to prevent vandalism and activities that would be detrimental to the tennis court surface, i.e. roller skating, skateboarding, etc. The keys were last changed in 1994. The Council sat aside whether or not to continue the current policy for use and reissuing new keys at $25.00 per new key. Due to recent vandalism, it is timely to replace the locks as soon as possible. Currently, 138 keys have been issued since the locks were last changed in July of 1994. All have paid the $25.00 for the full two years of use. In the past, the Town has pro-rated the costs of the keys to give users the full two years use. The key purchase system seems to be working well and unauthorized court usage appears to be minimal. The monies generated from the $25.00 fee ($25.00 x 138 = $3,450) -is used for the maintenance of the courts, purchase of special equipment and for the costs for new keys and lock changes. Issues have been raised over the last few years about allowing outside residents to purchase keys, the same as local residents. The Council may wish to change this policy, however in the past, the focus has been on allowing use of the courts only for local residents and their guests. Local residents have been defined as a resident within the Town of Yountville. In order to give users the full use of the key, it is recommended that a pro-rated credit be implemented as the Town has done in the past, providing for a $1.00 per month credit for keys purchased within the last two years. For example those individuals who purchased April 20, 1999 Meeting Item U page 1 9 keys in September 1998 would pay $9.00 for nine months of usage and be given a $15.00 credit for an additional 15 months use for a total of two years. RECOMMENDED ACTION If the Council wishes to maintain the current tennis court key policy, the following is recommended: 1) By motion, adopt Resolution No. 1628-99 to continue the current policy to June 30, 2001 with pro-rated credits for existing key holders. A thirty (30) day notice will be provided at the tennis courts to notify key holders of the change; or 2) Consider any changes Council deems appropriate to the current policy. April 20,1999 Meeting Item #_13 ___ page 2 / • TOWN OF YOUNTVILLE RESOLUTION NUMBER 1628-99 A Resolution of the Town Council of the Town of Yountville, Resolution No. 1047-94 Establishing Policy for Vineyard Park Tennis Courts Whereas, the Yountville Town Council has determined that the use of the termis courts should be confined to the game of tennis; and Whereas, the tennis courts have suffered damage due to unauthorized use, and it is in the general public interest to protect the tennis courts. Now, Therefore, Be It Resolved, that the Yountville Town Council has authorized that the tennis court gates be provided with locks. Be It Further Resolved, that the following policy for use of the courts is hereby authorized by the Yountville Town Council: 1. Keys to the tennis courts will be issued only to residents within the corporate limits of the Town of Yountville. The fee and the rules for issuance of a key for use of the tennis courts are; Fee and Application 1) Twenty-five dollars ($25.00) for a two (2) year period - June 1, 1999 through June 30, 2001. A pro-rated fee of $1.00/month will be applied for existing key holders in order to provide a 24 month period of use for the $25.00 fee. a. No portion of the fee is refundable b. Only one key is issued to a family, household, address or living unit. c. Proof of residency is required at time of application. 2) Yountville residents may invite guest for play. 3) Residents who are issued a key shall not loan the key or duplicate - the key. ' 4) All key holders shall agree that the courts will be used for tennis playing only and they shall be responsible for assuring that guests adhere to the rules. 5) Any key holder who abuses the privilege of enjoying the tennis courts may be required to return’ the key and forfeit the privilege of using the courts. 6) Any key holder who loses a key shall pay the cost of replacement key of $5.00. Resolution Number-1628-99 Adopted - . page 1 7) Rules oi^ay will be posted at the tennis co’^ s and all applicants for keys shall be provided a list of rules. 8) 9) 10) 11) No one, including key holders, shall give professional tennis lessons on the courts. The exception being that a key holder may have a professional tennis coach as a guest so long as the rules of the court are observed. If a key holder moves from Yountville, the key must be returned to the Town. Key holders shall not litter the courts. Brooms and squeegies furnished by the Town will be placed within the tennis courts and players should use these to remove any material which accumulates on the courts after the Town has completed routine cleaning. Mary Lou Holt, Mayor STATE OF CALIFORNIA ) COUNTY OF NAPA TOWN OF YOUNTVILLE ) )§ I, Deputy Town Clerk of the Town of Yountville, do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the day of , 1999 by the following vote: AYES; ; NOES: ■ ; ABSENT: : ABSTAIN: . (s)_K. Joyce Houghton, Deputy Town Clerk Resolution Number-1628-99 Adopted - page 2 /■ COUNCIL REPORT TO: FROM DATE ITEM MAYOR AND TOWN COUNCIL NANCY WEISS, TOWN ADMINISTRATOR JUNE 28, 1994 MEETING TENNIS COURT KEYS In February of 1991, the Town Council established a policy for the use of Vineyard Park, tennis courts. The time frame for purchase of keys for the tennis courts expired in February of 1993. It is recommended that the new locks be installed and new keys issued effective August 1, 1994. A thirty (30) day notice will be placed at the tennis courts notifying key holders of the change. No other changes to the policy are recommended unless the Council so desires. The Council may want to consider giving key holders who purchased keys within the past three months a $10.00 credit toward the purchase of a new key, similar to what was done in March of 1993. Currently, seven people have purchased keys in the last three months. ■ RECOMMENDED ACTION Adopt Resolution NO. 1047-94 amending Resolution NO. 834 establishing policy for Vineyard Park tennis courts. Tennis Court Keys June 28, 1994 Meeting Item # 22 YOUNTYILLS TCWN COUNCIL RESOLUTION NO.1047-94 A RESOLUTION OP THE YOUNTVTLLE TOWN COUNCIL AMENDING RESOLUTION NUMBER 834 ESTABLISHING POLICY FOR VIKEXARD PARK TENNIS CtXJRTS. WHEREAS, the Yountville Town Council has determined that the use of the tennis courts should be confined to the game of tennis: and WHEREAS, the tennis courts have suffered damage due to unauthorized use, and it is in the general public interest to protect the tennis courts. NOW, THEREFORE BE IT RESOLVED, that the Yountville Town Council has authorized that the tennis court gates be provided with locks. BE IT FURTHER RESOLVED, that the following policy for use of the courts is hereby authorized by the Yountville Town Council: 1. Keys to the tennis courts will be issued only to residents within the corporate limits of the Town of Yountville. The fee and the rules for issuance of a key for use of the tennis courts are: FEE AND APPLICATION 1. Twenty-five dollars ($25.00) for a two (2) year period, August 1, 1994 to June 30, 1996. (a) No portion of the fee is refundable. (b) Only one key is issued to a family, household, address, or living unit. (c) Proof of residency is required at time of application. 2. Yountville residents may invite guest for play. 3. Residents who are issued a key shall not loan the key or duplicate the key. 4. All key holders shall agree that the courts will be used for tennis playing only and they shall be responsible for assuring that guests adhere to the rules. 5. Any key holder who abuses the privilege of enjoying the tennis courts may be required to return the key and forfeit the privilege of using the courts. 6. Any key holder who loses a key shall pay the cost of replacement key of $5.00. Tennis Court Keys . June 28, 1994 Meeting Item # 22 0 0 7. Rules of play will be posted at the tennis courts and all applicants for keys shall be provided a list of rules. 8. No one, including key holders, shall give professional tennis lessons on the courts. The exception being that a key holder may have a professional tennis coach as a guest so long as the rules of the court are observed. 9. If a key holder moves returned to the Town. from Yountville, the key must be 10. Key holders shall not litter the courts. 11. Brooms and squeegies furnished by the Town will be placed within the tennis courts and players should use these to remove any material which accumulates on the courts after the Town has completed routine cleaning. Mary Lou Holt ■ MAYOR STATE OF CALIFORNIA COUNTY OF NAPA TOWN OF YOUNTVILLE ' 1/ Deputy Town Clerk of the Town of Yountville, do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 28 day of June 1994 by the following vote: AYES: NOES: . ABSENT: ABSTAIN: K. Joyce Houghton Tennis Court Keys June 28, 1994 Mcetint>Item # 22 M iSk STAFF REPORT To: Town Council ’ From: Nancy Weiss, Town Administrator D ate: April 20, 1999 meeting S ubject: Yountville Elementary School Recreation Areas Joint Use Agreement B ackground After several months of negotiations, a final agreement between the Napa Valley Unified School District and the Town of Yountville has been completed for the joint use of recreation areas at the Yountville Elementary School. This agreement is the result of over five years of efforts on the part of the Yountville School Site Planning group which included representatives from the Yountville Elementary School, the Napa Valley Unified School District, the Napa County Department of Education, the Town, and the community. A facilities master plan for the Yountville Elementary School site was completed in the Spring of 1998 which provided for long term planning for future improvements at Yountville Elementary School. The Town previously committed $85,000'toward the construction of the asphalt surface at Yountville Elementary School which will be used for roller hockey and other Town recreation programs as well as general playground use by the school. This project was completed in September 1998. The proposed joint use agreement covers not only the new asphalt playing surface, but also the play fields including the baseball and soccer fields that may periodically be used by the Town. Due to current School District policy that prohibits skateboarding use on school property, future discussions and negotiations will need to take place between the Town and the School District in order to allow the new asphalt surface to be used for recreational skateboarding programs through the Town’s Recreation Department. We have provided the School District with the necessary information from our insurance carrier along with management guidelines for use of that area for recreational skateboarding (as opposed to a permanent skateboard park) and are hopeful that we will be successful in arranging for some kind of recreational skateboarding program in the future. This can be accomplished through an amendment to the proposed joint use agreement. Yountville Elementary School Recreation Area J oint Use agreement April 20,1999 Meeting item # 17 page I o As indicated in the agreement, the District will be responsible for the general maintenance and repairs of the recreation areas including the new asphalt surface. The Town will be required to participate in the cost of re-striping and resealing the asphalt surface areas as needed in proportion to the Town’s use of those areas. The Town will also be responsible for the maintenance of any portable equipment used by its programs as well as for any cleanup on or near the school property related to Town recreation programs. Staff believes that this agreement is very fair to all parties involved and will provide for better management and scheduling of an important community asset for both the school and the Yountville community. Again, future discussion will need to occur regarding the skateboard use. Additional improvements within the joint use area such as a storage container related to school and recreational programs can be negotiated at a future date and incorporated as an addendum to this agreement once those issues are resolved. Recommended Action By motion, adopt Resolution Number 1625-99, authorizing the Town Administrator to execute an agreement between Napa Valley Unified School District and the Town of Yountville, Agreement No. D-307-99 relating to use of Yountville Elementary School Recreation Areas, and waive the reading. yountville Elementary School Recreation area joint Use agreement April 20,1999 Meeting ITEM# 17 PAGE 2 TOWN OF YOUNTVILLE RESOLUTION NUMBER 1625-99 A R e s o l u t io n o f t h e T o w n C o u n c il o f t h e T o w n o f Y o u n t v il l e a p p r o v in g a g r e e m e n t n o . D-307-99 b e t w e e n N a p a V a l l e y U n if ie d S c h o o l D is t r ic t a n d t h e T o w n o f Y o u n t v il l e f o r t h e u s e o f Y o u n t v il l e E l e m e n t a r y S c h o o l R e c r e a t io n a r e a s a n d a u t h o r iz in g t h e T o w n A d m in is t r a t o r t o e x e c u t e t h e a g r e e m e n t . Whereas, in 1998, a facilities master plan for the Yountvill Elementary School site was completed by the Yountville Elementary School Site Planning group in conjunction with representatives from the Town of Yountville, Yountville Elementary School, Napa Unified School District, Napa County Office of Education, and the Yountville Community; and Whereas, the Town has .previously contributed $85,000 toward the construction of a roller hockey / playground facility in exchange for Joint use of recreation areas at Yountville Elementtu^ School for joint use of the recreation ai'eas outlined in Exhibit “A” for Town recreation and community programs; and ’ Whereas, joint use agreements between public agencies are authorized by Government Code Section 6500 and Education Code Section 10900 through 10912, and Education Code 17527, 17528, 17529, and 17534 for the purpose of conducting programs of community recreation; and Whereas, the Napa Valley Unified School District and the Town of Yountville desire to enter into an agreement for the joint use of the recreation areas. Now, Therefore, be it Resolved that the Town Council of the Town of Yountville hereby authorizes the Town Administrator to execute Agreement No. D-307-99, an agreement between the Napa Valley Unified School District and the Town of Yountville for use of Yountville Elementary School recreation areas. Mary Lou Holt, Mayor ■ STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) i, K. Joyce Houghton, CMC. Deputy Town Clerk of the Town of Yountville. do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20th day of April, 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: K. Joyce Houghton. CMC, Deputy Town Clerk Resolution Number 1625-99 ADOPTED- 4-20-99 page 1______^ - NAPA VALLEY UNIFIED SCHOOL DISTRICT AND TOWN OF YOUNTVILLE AGREEMENT NO. D-307-99 USE OF YOUNTVILLE ELEMENTARY SCHOOL RECREATION AREAS THIS AGREEMENT, effective as of May 3, 1999, by and between THE NAPA VALLEY UNIFIED SCHOOL DISTRICT (hereafter referred to as the "District") and THE TOWN OF YOUNTVILLE (hereafter referred to as the "Town"), a municipal corporation, provides: RECITALS WHEREAS, District owns certain real property commonly known as the Yountville Elementary School (hereafter referred to as "School") located at 6554 Yount Street, Yountville, California, and more particularly described in Exhibit A attached hereto (hereafter referred to as the "Prop­ erty"), and WHEREAS, Improvements have been made to the Property for recreational and school use to include outdoor play fields, playgrounds and asphalt surface areas (collectively referred to as the "Recreation Areas") all of which are indicated on Exhibit A, and WHEREAS, the Town has contributed $85,000 towards the construction of improvements to the Recreation Areas. This amount was contributed in exchange for the joint use of the Recreation Areas for Town recreation and community programs. Exhibit B attached hereto summarizes the scope of the project, and ■ WHEREAS, Joint use agreements between public agencies are authorized by Government Code section 6500 and Education Code sections 10900 through 10912, and Education Code 17527, 17528, 17529, 17534 for the purpose of conducting programs of community recreation, and WHEREAS, The parties desire to enter into an for the joint use of the Recreation Areas. NOW, THEREFORE the parties agree as follows: ’ 4 TERM The term of this Agreement shall be from May 3, 1999 to July 30, 2025. JOINT USE OF RECREATION AREAS a. District hereby authorizes Town to use the Recreation Areas at Yountville Elementary School specifically identified in Exhibit A, which is attached hereto and made a part of this agreement by reference, for a variety of Town sponsored recreational activities such as basketball, roller hockey and volleyball, b. Town use of the Recreation Areas shall be during after school hours or when the areas are not being used for School programs or community activities scheduled through the District. District shall have priority use and may supersede use by the Town. Dis­ trict shall take reasonable steps, however, to advise Town of any potential scheduling^ conflicts and to avoid such conflicts whenever possible. c. Town shall submit quarterly scheduled recreational uses to District for review and ap­ proval. District recognizes that Town uses of the Recreation Areas may change de­ pending upon community recreational needs and will attempt to accommodate Town needs as per section b. above. d. Town shall coordinate the use of the Recreation Areas with the District's General Services Department in accordance with approved District guidelines. All scheduling and signage must be approved in advance by District. e. Town shall be responsible for providing all portable equipment necessary for Town uses of the Recreation Areas such as roller hockey nets, goal standards and uniforms. f. District agrees to allow public parking in the parking lot adjacent to the School. No vehicles shall be allowed on turf areas without prior approval by District. PROHIBITED USES In using the Property, Town and the participants in the Town's recreation programs shall not commit any public or private nuisance or any other act or thing which might unrea- sonably disturb the occupants of nearby property. No alcoholic beverages, smoking, nar­ cotics, controlled substance or gambling shall be permitted on the Property. 4. MAINTENANCE AND REPAIRS a. District shall be responsible for the general maintenance and repairs of the Recreation Areas resulting from ordinary wear and tear. Town agrees to participate in the cost of restriping and resealing the asphalt surface areas as needed, however, in proportion to the Town’s use of such areas. b. Each party shall be responsible for any repairs resulting from extraordinary damage occasioned by that party's use and shall promptly notify the other party of any event triggering the need for such repair. c. District shall remove any graffiti on the Property within 24 hours or as soon as practi-^ cal. ■ d. District shall repair at its sole cost and expense all vandalism to the Recreation Areas resulting from any use or party other than the Town. e.Town shall be responsible for the maintenance of any portable equipment used solely for its programs. In addition. Town shall be responsible for removing any litter left on or near the Property during Town programs. f. The parties shall review the condition of the Recreation Areas at least every 5 years. alterations The District and Town shall meet and confer prior to any alterations of the Recreation Areas. All alterations shall meet the applicable laws or regulations pertaining to such fa­ cilities. In the event that a conflict arises between the legal standards applicable to School and Town facilities, the most rigorous standard shall apply. INSPECTION Town representatives or agents shall have the right to enter the Property at all reasonable times during the term of this Agreement to inspect the Recreation Areas. a. Town, at its cost, shall maintain public liability and property damage insurance with a single combined liability limit of not less than $1,000,000, and property damage lim­ its of not less than $50,000, insuring against all liability of the Town arising out of or in connection with the use of the Property. This amount may be reviewed annually and adjusted by the mutual agreement of the parties. b. Such insurance shall: 1. Be procured from an insurer authorized to do business in California. 2. Provide primary and not excess coverage. 3. Name the District as an additional insured. 4. Waive subrogation rights, if any, which the insurer may have against the District^ Town agrees that it shall not make any claim against or seek to recover from Dis­ trict for any loss or damage to its property or the property of others resulting from any hazards covered by its insurance. 5. The District shall be given at least 30 days written notice before any such insur­ ance can be canceled or changed with respect to the Town's coverage or limits of liability. c. Such insurance shall remain in effect throughout the term of this Agreement. DAMAGF. OR DESTRUCTION OF RECREATION AREAS INSURANCE The parties shall make every effort to sufficiently insure the Recreation Areas by provid­ ing adequate coverage for repairs and/or replacement in the event of any damage or de­ struction of the areas. This section shall apply only in situations in which full insurance coverage for the particular type of damage or destruction is not available. In the event that any improvements comprising the Recreation Areas are damaged and the insurance pro­ ceeds, if any, are inadequate to cover the costs of restoration, the parties shall meet and confer regarding contributions for the replacement costs of the improvements. However, if the out-of-pocket costs of either party exceed 25% of the replacement costs of such im­ provement after the payment of deductibles or self insured portions of the property dam­ age insurance held by the District, then the District shall have the right to terminate this Agreement as to the use of the particular area(s) affected unless the Town agrees to bear the excess cost of restoring such area(s). 9. LIABILITY AND INDEMNIFICATION a. The District and the Town mutually agree to indemnify and hold each other, their agents, and employees, harmless for any and all liability to the extent caused by the negligence or omission of the District or the Town, their officers, agents, or employ­ ees, arising out of the performance of this Agreement, and to pay any all claims, dam­ ages, judgments, legal costs, and attorney's fees related thereto. It is also understood and agreed that pursuant to Government Code Section 895,4, the District and the Town shall fully indemnify and hold each other harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reasons of anything done or omitted to be done by the District or the Town, their officers, agents, or employees, under this Agreement, or in connection with any work or au­ thority delegated to the District or the Town pursuant to this Agreement. This obligation on the part of District includes, but is not limited to, any claims of discrimination based on any actual or claimed changed in the racial composition of the student bodies of the schools which make up the District as a result of the con­ struction and operation of the School Facilities with the Town pursuant to this Agreement. The District shall further indemnify, and defend Town from and against all costs, attorney's fees, expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. ■ b. Notwithstanding the foregoing, neither party shall indemnify the other for reckless misconduct or willful misconduct of that other party. 10.TERMINATION a. Except as provided above or by the mutual written agreement of the parties, this Agreement may not be terminated by either party in the absence of a material default by the other party under the terms of this Agreement. b. In the event of an alleged material default, the party making the claim of default shall give written notice to the other party of the nature of the default and give that party at least 30 days to cure the default, in the absence of an immediate threat to health and safety to persons using the Property, in which case the default shall be cured as quickly as possible. c. If the default is not cured within the applicable time period or if either party notifies the other that the claim is disputed, the claim of default will be considered disputed and shall be subject to mediation pursuant to Section 11 [Dispute Resolution]. d. In the event of the termination of this Agreement, all Town purchased equipment stored on the Property shall revert to the Town. 11. DISPUTE RESOLUTION a. The parties agree to mediate any dispute or claim between them arising out of this Agreement before initiating any legal action. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who i^ authorized to facilitate the resolution of the dispute but who is not empowered to im­ pose a settlement on the parties. The mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Code section 1152.5. b. If any party commences a legal action based on a dispute or claim to which this sec­ tion applies without first attempting to resolve the matter through mediation, then in the discretion of the arbitrator(s) or court, that party shall not be entitled to recover ' attorney's fees even if such an award would be otherwise available to that party in such legal action. c. The filing of a legal action to enable recording or preserving an order of attachment, receivership, injunction, mechanic's liens or stop notice, or other provisional reme­ dies, shall not in itself constitute a loss of the right to recover attorney's fees under this section. 12. NOTICES Any notice provided for herein shall be in writing and deemed adequately given if hand- delivered or mailed to the following addresses: To District:Napa Valley Unified School District Assistant Supt./Business Services 2425 Jefferson Street Napa, California 94558 To Town:Town of Yountville Town Administrator 6550 Yount Street Yountville, CA 94599 13. ENTIRE AGREEMENT AND MODIFICATION . The parties acknowledge that by entering into this Agreement, the District is not assum^ ing any obligation to operate, supervise or fund any activities of Town on the Property. This Agreement constitutes the entire Agreement among the parties related to the Rec­ reation Areas and may not be modified or changed except by a written instrument exe­ cuted by both parties. 14. BINDING EFFECT This Agreement shall be binding on and inure to the benefit of the parties and their suc­ cessors or assigns. 15. ATTORNEY FEES In any action or proceeding by either party to enforce this Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and all other costs incurred. 16. GOVERNING LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 17. EXTENSION OF THE AGREEMENT The Agreement can be extended by mutual consent of both parties. 18. NON-ASSIGNMENT - This Agreement shall not be assigned or sublet to any other entity. IN WITNESS WHEREOF, the parties have signed this Agreement on behalf of and with the ap­ proval of their respective entities. NAPA VALLEY UNIFIED SCHOOL DISTRJCT Byi Dr. David E. Brown, Superintendent By: Michael G. Dencavage, Assistant Superintendent/Business Services TOWN OF YOUNTVILLE By: Nancy J. Weiss, Town Administrator ATTEST: K. Joyce Houghton Deputy Town Clerk 9 Yountville Elementary School EXHIBIT A KXHIBIT B IMPROVEMENTS 'I'own of Younlvillc agrees to improve fields and asphalt play areas at Yountville Elementary School. The Town has previously submitted plans for the construction of an asphalt surface and retaining wall at the upper playground at the Yountville Elementary School, riiis facility has now been completed and the improvements include the following: - Installation of asphalt surface 190' x 60' - 185 feel of 6 foot high chain link fencing - 1 laiidicapped access ramp with hand railing - Retaining wall along length of asphalt surface with 6'chain link fence - Storage facility at north end of asphalt surface (to be approved by school district) - Surface lines and striping (to be installed by school district in consultation with Town) Surface lines and striping shall be consistent with materials used by Napa Valley UniHed School District Maintenance and Operations Department. NVUSD is unable to stock specialty colors or striping, - Installation of recreation equipment, i.e. basketball standards, tether ball poles, (re­ sponsibility of school district). 10 EXHIBIT C Education Code t09Q0 - Community Recreation Programs The purposes of this chapter are: (a) To promote and preserve the health and general welfare of the people of the state and to cultivate the develop­ ment of good citizenship by provision for adequate programs of community recreation. (b) To authorize public corporations or districts having powers to provide recreation, cities, counties, cities and counties, and school districts to organize, promote, and conduct programs of community recreation as will contrib­ ute to the attainment of general educational and recreational objectives for children and adults of the state. (Amended by Stats. 1990, Ch. 1372, Sec. 89.) Education Code 10901 - Chanter Definitions The following terms, wherever used or referred to in this chapter have the following meanings, respectively, unless a different meaning clearly appears from the context: (a) "Fhiblic authority" means any city of any class, city and county, county of any class, public corporation or district having powers to provide recreation, or school district in the state. (b) "Governing body" means, in the case of a city, the city council, municipal council, or common council; in the case of a county or city and county, the board of supervisors; in the case of a public corporation or district, the gov­ erning board of the public corporation or district; and in the case of a school district, the governing board of the school district. (c) "Recreation” means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral de­ velopment of the individual or group participating therein, and includes any activity in the fields of music, drama, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any of them, and any informal play incorporating any such activity. (d) "Community recreation" and "public recreation" mean the recreation as may be engaged in under direct control of a public authority, or any camping or outdoor recreation activity which is (1) sponsored by a nonprofit organiza­ tion, (2) for the benefit of disadvantaged or handicapped schoolage children, and (3) in a county with a population less than or equal to 45,000 according to the most recent federal census. (e) "Nonprofit organization" means those nonprofit organizations which, as determined by the governing board of the school district, are unable to pay for the private transportation of disadvantaged or handicapped schoolage chil­ dren to recreation activities. (0 "Recreation center" means a place, structure, area, or other facility under the Jurisdiction of a governing body of a public authority used for community recreation whether or not it may be used primarily for other purposes, play­ grounds, playing fields or courts, beaches, lakes, rivers, swimming pools, gymnasiums, auditoriums, libraries, parks adjacent to school sites, recreational community gardens, rooms for arts and crafts, camps, and meeting places. Playgrounds, outdoor playing fields or courts, swimming pools, and camps, with necessary equipment and appurte­ nances for their operation, under the jurisdiction of a governing board of a public authority used for community recreation shall be considered recreation centers within the meaning of this chapter whether or not they may be used primarily for other purposes. (Amended by Stats. 1990, Ch. 1372, Sec. 90.) Education Code 10902 - Governing Board Authority The governing body of every public authority may do all of the following: (a) Organize, promote, and conduct programs of community recreation. (b) Establish systems of playgrounds and recreation. (c) Acquire, construct, improve, maintain, and operate recreation centers within or without the territorial limits of the public authority. No events for which an admission price is charged shall be held pursuant to this chapter, except amateur athletic contests, demonstrations, or exhibits and other educational events, ■ (Amended by Stats. 1987, Ch. 1452, Sec. 76.) 11 Education Code 10905 - Cooperative Agreements The governing body of any public authority may cooperate with the federal government or any department thereof, and the governing bodies of any two or more public authorities may cooperate with each other or with the federal government or any department thereof to carry out the purposes of this chapter, and to that end may enter into agreements with each other, and may do any and all things necessaiy or convenient to aid and cooperate in carrying out the purposes of this chapter, or to establish, improve or maintain campgrounds or other recreation facilities un­ der the control of the federal government or any department thereof. The governing bodies of any two or more public authorities having jurisdiction over any of the same territory or over contiguous territories may jointly establish a system or systems of recreation, and may jointly do any act which either is authorized to do under Section 10903. Nothing in this chapter shall be construed to prohibit any joint or cooperative action authorized by this section. (Enacted by Stats. 1976, Ch. 1010.) Reference: , Education Code 10903 Education Code 10910 - Use of School Buildings. Grounds and Equipment The governing body of any school district may use the buildings, grounds, and equipment of the district, or any of them, to carry out the purposes of this chapter, or may grant the use of any building, grounds, or equipment of the district to any other public authority for the purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Nothing in this section is intended to repeal any provision of, or to restrict or otherwise affect the use of school buildings under Sections 40040 to 40058, inclusive. (Amended by Stats. 1990, Ch. 1372, Sec. 92.) ^ Reference: ' Education Code 40040-40058 (Repealed. Similar provisions added at Education Code 38130-38139) Education Code 10911 - Recreation Employees Every public authority may appoint, prescribe the duties of, and provide for the compensation and necessary ex­ penses of such recreational directors, supervisors, custodians, assistants, deputies, and other employees as it deems reasonably necessary for carrying out the provisions and purposes of this chapter. Only persons employed in posi­ tions requiring certification qualifications shall be paid out of funds set aside for the payment of teachers' salaries. (Enacted by Stats. 1976, Ch. 1010.) Education Code 10911.5 - Fingerprinting: Criminal Records Check (a) Commencing with January 1, 1993, every public recreation program employer shall require each employee having direct contact with minors to immediately submit, or in the case of a new employee, to submit on or before the first day of his or her employment, one set of fingerprints to the Department of Justice. This requirement is a condition of employment, (b) For the purposes of this section "public recreation program employer" means a public recreation program that is exempt from licensure pursuant to subdivision (g) of Section 1596.792 of the Health and Safety Code. ■ (c) The Department of Justice shall furnish a criminal record summary to the public recreation program employer designated by an employee submitting fingerprints pursuant to subdivision (a). The criminal record summary shall contain only arrests resulting in a conviction and arrests pending final adjudication. The criminal record summary furnished to the public recreation program employer shall be maintained by the public recreation program employer in a secured file separate from personnel files. (d) The Department of Justice may charge each applicant for a criminal record summary a reasonable fee to cover costs associated with the processing of the criminal record summary. In no event shall the fee exceed the actual costs incurred by the department. Nothing in this section prohibits the public recreation employer from paying the applicant charge or reimbursing the charge to the employee. (Added by Stats. 1992, Ch. 1097, Sec, 1.) ■ Health and Safety Code 1596.792 12 Education Code 10912 - Fee for Use of Recreational Facilities The governing body of a school district may require persons, other than students, or organizations desiring to use the recreational facilities on school grounds or belonging to a school or the facilities provided by the district at a community recreation center maintained solely by the district to pay fees for the use as the governing body may prescribe. (Amended by Stats. 1990, Ch. 1372, Sec. 93.) Education Code 17527 - Joint Use ^ . (a) The governing board of any school (listrict may enter into agreements to make vacant classrooms or other space in operating school buildings available for rent or lease to other school districts, educational agencies, except private educational institutions which maintain kindergarten or grades I to 12, inclusive, governmental units, nonprofit or­ ganizations, community agencies, professional agencies, commercial and noncommercial firms, corporations, part­ nerships, businesses, and individuals, including during norma! school hours if the school is in session. (b) The governing board shall give first priority in leasing or renting vacant classroom space or other space to edu­ cational agencies for conducting special education programs and second priority to other educational agencies. (Added by Stats. 1996, Ch. 277, Sec. 3. Operative January 1, 1998.) Education Code 17528 - Joint Use As used in this article, "building" includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be jointly occupied and used. It also includes the permanent improvement of school grounds. (Added by Stats. 1996, Ch. 277, Sec. 3. Operative January 1, 1998.) * Education Code 1752S - Joint Use .. _ _ _ Prior to entering into a lease or agreement pursuant to this article, the school district governing board shall deter­ mine that the proposed Joint occupancy and use of school district property or buildings will not do any of the fol­ lowing: (a) Interfere with the educational program or activities of any school or class conducted upon the real property or in any building. (b) Unduly disrupt the residents in the surrounding neighborhood. (c) Jeopardize the safety of the children of the school. (Added by Stats. 1996, Ch. 277, Sec. 3. Operative January 1, 1998.) Education Code 17534 - Joint Use (a) Except as provided in subdivision (b), the term of any agreement entered into by a school district pursuant to this article shall not exceed five years. (b) The provisions of subdivision (a) shall not apply to agreements under or pursuant to which capital outlay im­ provements are made on school property for park and recreation purposes by public entities and nonprofit corpora­ tions. (Added by Stats. 1996, Ch. 277, Sec. 3. Operative January 1, 1998.) 13 TO: FROM: DATE: ::tiilr;;t;PK>i;.;; ‘rff ^ !■ .! V,- 'i’.i'r' ."V'’ ' " . -1 ■\'.‘i-\ ' '.-I •' ■ :';i:;j";!i!S!;i‘!!!if''L'ivFf-!; ai;i ir.FF'ifi-'-W-.s'i.k'si'vi'iFf'ij: VH ■.■'^a'.kSTAFF.REPORTkM'' • i':-'-'■:? , ;,;-x,: V".,,''j y -M '- 'y '-''^lyy' ':J;^y!.i Town Council & Town Administrator Dain Anderson, Town Planner April 20, 1999 SUBJECT: Public Hearing: Zoning Ordinance Amendment - Retail Overlay District BACKGROUND: Three proposals in 1997 to develop hotel/inn projects that would double the Town’s then existing stock of hotel/inn rooms led the Council to commission preparation of the ‘Yountville Downtown Strategy Economic Analysis’. That Analysis was designed to examine Yountville’s capability to sustain additional hotel/inn development; to examine opportunities for expanded retail development; and to explore strategies for diversifying the Town’s commercial base. . Among the conclusions of the Analysis were: 1. The Town should try to maintain some degree of balance or mix of hotel/inn and retail uses for the remaining undeveloped commercial properties; 2. There will be limited demand for additional retail uses that appeal to both visitors and residents; 3. There will be added demand for visitor oriented retail uses as new hotels come on-line and attain full occupancy; and ' 4. Retail uses should be concentrated within and around the existing central business core that is bracketed by Vintage 1870/Beard Plaza and the Washington Street/California Drive intersection. EVOLUTION OF THE RETAIL OVERLAY DISTRICT CONCEPT As the Yountville Downtown Strategy Economic Analysis was being completed proposals for three additional hotel/inn projects were under discussion. Two of those proposals would have developed the last two remaining undeveloped parcels of land in the Town’s existing central business core. In response to the potential loss of those two commercial parcels for retail uses, the concept of the Retail Overlay District was born. The purpose of the District as initially Zoning Ordinance Amendment - Retail Overlay District April 20, 1999 MEETING ITEM # 14 Page 1 envisioned was to prohibit new hotel/inn development along the Washington Street frontage in the central business core in favor of retail development (please refer to the attached map depicting one possible configuration of the District). To date the Council has conducted discussions of the District’s concept during the course of the recent General Plan Amendment discussions and independently as several Council work sessions. PURPOSE/APPLICATION OF RETAIL OVERLAY DISTRICT CONCEPT The primary purpose of the Retail Overlay District would be to provide a more ‘fine­ grained’ land use tool than presently exists with the Town’s Zoning Ordinance. The Retail Overlay District, where applied, would allow the Town to exercise greater control of permitted uses, particularly in regards to the balance of retail and hotel/inn uses. Objectives of the proposed overlay designation follow; 1 To preserve additional retail opportunities in the central business core by facilitating a balance of retail and other commercial uses; 2 To maximize active uses along the Washington Street central business core area and in so doing create pedestrian activity and interest; 3 To maximize the viability of new retail uses by concentrating them within the central business core area; and 4 To implement direction of the Yountville Downtown Strategy Economic Analysis findings regarding retail business viability. On January 19, 1999, the Council conducted a workshop on the concept of the Retail Overlay District and at that meeting directed staff to prepare a Zoning Ordinance Amendment that included the following attributes: 1. Elimination of hotels/inns from the Residential-Scaled Commercial Zoning District; 2. Prohibition of hotels/inns at street-level on the west-side of Washington Street. The area encompassed by the District would include properties situated along both sides of Washington Street from Humbolt Street on the north to California Drive on the south. To establish the Retail Overlay District, General Plan and Zoning Ordinance Amendments are needed. The General Plan Amendment would introduce text and policy revisions to establish policy direction and intent in preparing zoning implementation tools and in ultimately making development application land use and design decisions. The Ordinance Amendment would add the actual Overlay District to Section 5 of the Ordinance (Composite & Overlay Designations) and would also delete hotels/inns as allowed uses within the Residential-Scaled Commercial Zoning District. Zoning Ordinance Amendment - Retail Overlay District April 20, 1999 MEETING ITEM # 14 Page 2 The draft General Plan Amendment language is included for review with this report but is not the subject of the hearing for the Ordinance Amendment. Presuming the Council introduces the Ordinance Amendment for first reading at the April 20'*’ meeting, staff will prepare the appropriate hearing notice for the General Plan Amendment and add that item to the Council’s further consideration of the Ordinance Amendment. The draft Ordinance Amendment language follows (deletions are indicated by strikethroughs and additions are underlined): SECTION 4.9 RSC-RESIDENTIAL-SCALED COMMERCIAL 4.9.C Uses Requiring a Use Permit The following uses require a Use Permit as provided in Section 7.6, and are subject to Design Review approval as provided in Section 7,3 of this Ordinance: 1. All primary uses commercial in nature including such uses as a small bakery, food stores, variety shops, services, professional offices, inns, and other uses deemed by the Town Council to be similar in kind. New restaurants, and other business that rely principally on visitors for their clientele shall not be permitted. Town. Expansion of existing restaurants shall comply with FAR limitations established in Chapter II, Section D.2, of the Design Ordinance; 2. Accessory uses which are subordinate and complementary to the primary use; 3. Residential uses in combination with commercial uses, including residential units over commercial uses, residential units adjacent to commercial uses; 4. Live/work units or buildings which meet the design standards outlined in Chapter II, Section D.3, of the Design Ordinance; and 5. Home Occupations as established in Section 5.2. SECTION 5.7 RO - RETAIL OVERLAY 5.7.a Purpose and Application The Overlay Designation RO, Retail Overlay, is intended to provide special land use and site development criteria for designated properties within the core business area of the Town along Washington Street. For the purposes of this Section, the application of this Overlay is considered to generally encompass both sides of Washington Street from Humbolt Street to California Drive. In recognition that this area along Washington Street is the primary retail commercial area of .the Town, it is the intent of this designation to; 1) ensure that additional retail opportunities are preserved to facilitate a balance of retail and other commercial Zoning Ordinance Amendment - Retail Overlay District April 20, 1999 MEETING ITEM # 14 Page 3 ' 9 . . uses, and 2) to maximize active uses in the core area and in so doing create pedestrian activity and interest. This designation shall apply to the specified parcels/areas indicated on the Zoning Map, in Figure 2. 5.7.b General Conditions The following general conditions shall be required on lands where the Overlay Designation RQ, Retail Overlay, is shown on the Zoning Map in Figure 2. 1. All new development proposals will be subject to the Master Development Plan review process as established in Section 7.4. 2. No inn room or lodging use shall be permitted on the first floor street frontage portion of existing or proposed buildings. Where inn or lodging use presently exists on the first floor street frontage of any property within the Retail Overlay designation, upon the adoption of this Section that existing use shall be considered a legal non-conforming use subject to all the provisions of Section 6.6 of this ordinance. 3. Inn room or lodging use is permitted on the second floor and/or on the first floor if not a part of the street frontage portion of a building. 4. Where an interpretation is necessary to determine whether a portion of an existing or proposed building within the Overlay designation constitutes the “first floor street frontage” portion of the building, the intent of this Overlay designation to preserve the street frontage area of buildings for retail and other non-inn or lodging uses which facilitate active pedestrian access and activity, shall guide such interpretation. ■ 5. Modifications and additions to existing buildings and structures will be permitted provided that the changes are consistent with the Design Ordinance regulations, regulations of the underlying zoning district, changes do not result in an adverse impact on adjacent uses, as established in Section 6.5-, or negatively impact the character of the Town. 6. Development applications shall be accompanied by detailed architectural and landscape architectural plans rather than design concept plans or schematics. Plans shall clearly define all site improvements, floor plans shall indicate specific uses for the first floor street frontage portion of proposed buildings, exterior building materials, colors and details, landscape plant materials, irrigation systems, signage, lighting and other hardscape features in sufficient detail to determine what the as built appearance of the proposed development will be. 7. The owner, lessee or property manager of a property within this Overlay shall keep the exterior of all buildings and structures in good condition and free from deterioration. Zoning Ordinance Amendment - Retail Overlay District April 20, 1999 MEETING ITEM # 14 Page 4 # ^8. Signs'shall follow the provisions established in Section 6.3 of this Ordinance 5.7.C Uses Requiring a Use Permit ■ All uses within the Overlay Designation RO, Retail Overlay, shall require a Usg Permit as provided in Section 7.4, Master Development Plan process, and all new structures and modifications to existing structures are subject to Design Review as established in Section 7.3 of this Ordinance. The following uses may be permitted by a Use Permit consistent with the permitted uses of the underlying zoning designation, and subject to the prohibitiop of uses outlined in the following, ■ Section 5.7d. 1 Commercial uses as allowed in the underlying land use designation; 2 Accessory uses which are subordinate to and complimentary to the primary use. 5.7d Prohibited or Restricted Uses The following uses within the Overlay Designation RQ, Retail Overlay are prohibited or restricted as indicated: 1. Inn room or lodging uses on the first floor street Frontage portion of any building; 2. Residential uses on the First floor street frontage portion of any building; 3. The living portion of live/work units or buildings on the first floor street frontage portion of any building; 5.7.e Criteria for a Use Permit ■ In addition to the findings listed in Section 7.6.b' the Town Council, after a public hearing, shall make the following findings before granting a Use Permit for a proposed use in the Overlay Designation RO, Retail Overlay: 1. The proposed use is consistent with the policies outlined in Chapter II, Section D of the General Plan; 2. The proposed use is consistent with all portions of Section 5.7 above; 3. The proposed use and its physical design is consistent with design criteria established in Chapter II. Section D of the Design Ordinance; . 4. The proposed use enhances the preservation of retail opportunities within the commercial core of the Town; 5. The proposed use maximizes active uses along the Washington Street co^ business area and in so doing enhances pedestrian activity and interest; 6. The proposed use exhibits high quality aesthetic and visual design Zoning Ordinance Amendment - Retail Overlay District April 20, 1999 MEETING ITEM# 14 Page 5 characteristics; and . 7. The proposed use will not be environmentally detrimental to existing or potential commercial and residential uses in the surrounding area. RECOMMENDATION In response to Council direction, staff has presented a proposed Amendment to the Zoning Ordinance to create the Retail Overlay District. If the Council concurs with staffs recommendation it is recommended that staff be directed to formally initiate an amendment to Section 5.3 to incorporate the suggested modifications (a complete text of the Ordinance, including suggested amendments, is attached). Staff recommends the Council: 1. Receive the staff report and direct questions to staff; 2. Open the public hearing and accept public testimony; 3. Close the public hearing; . 4. Introduce for first reading Ordinance No. 289-99 . entitled: - Ordinance No. 289-99 Amending Section 4.9.c and adding Section 5.7 of the Zoning Ordinance to Add the Retail Overlay District A second reading of the Ordinance Amendment will be scheduled for the Council meeting of May 4, 1999, at which time a formal public hearing on a proposed General Plan Amendment regarding the Overlay District will also be scheduled. Zoning Ordinance Amendment - Retail Overlay District April 20, 1999 MEETING ITEM # 14 Page 6 £ TOWN OF YOUNTVILLE ORDINANCE NUMBER 289-99 Ordinance No. 289-99 Amending Section 4.9.C and adding Section 5.7 of the Zoning Ordinance to Add the Retail Overlay District The Town Council of the Town of Yountville finds that: A. The Council has determined that there is a need to preserve retail business opportunities along both sides of Washington Street between Humbolt Street and California Drive. B. The Council has determined that to achieve the desired preservation there is a need to amend certain provisions of the Town’s Zoning Ordinance and to also add a new Section 5.7 to that Ordinance to be entitled “Retail Overlay.” NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Yountville, State of California, as follows: Section I. Amendment of Section 4.9.c of the Townes Zoning Ordinance The existing text of Section 4.9.c of the Town of Yountville Zoning Ordinance shall be amended to delete the inns as a use subject to a Use Permit within the Residential- Scaled Commercial Zoning District, as follows: - SECTION 4.9 RSC-RESIDENTIAL-SCAUED COMMERCIAL 4.9.C Uses Requiring a Use Permit ' ' The following uses require a Use Permit as provided in Section 7.6, and are subject to Design Review approval as provided in Section 7.3 of this Ordinance: 1. All primary uses commercial in nature including such uses as a small bakery, food stores, variety shops, services, professional offices, inns, and other uses deemed by the Town Council to be similar in kind. New restaurants, and other business that rely principally on visitors for their clientele shall not be permitted. Inns-shall-be permitted where-it-ea-n-bc-demonstrated that they- arc-eompatible with—surrounding residential uses and the—histor-ieal character of the Town. Expansion of existing restaurants shall comply with FAR limitations established in Chapter II, Section D.2, of the Design Ordinance; 2. Accessory uses which are subordinate and complementary to the primary use; 3. Residential uses in combination with commercial uses, including residential units Ordinance Number 289-99 Adopted 4-20-99 Page 1 of 5 over commercial uses, residential units adjacent to commercial uses; 4. Live/work units or buildings which meet the design standards outlined in Chapter II, Section D.3, of the Design Ordinance; and 5. Home Occupations as established in Section 5.2. Section 2. Addition of Section 5.7 of the Town’s Zoning Ordinance There shall be added to the Town of Yountville Zoning Ordinance a Section 5.7, to be entitled Retail Overlay, as follows; SECTION 5.7 RO - RETAIL OVERLAY 5.7. a Purpose and Application The Overlay Designation RO, Retail Overlay, is intended to provide special land use and site development criteria for designated properties within the core business area of the Town along Washington Street. For the purposes of this Section, the application of this Overlay is considered to generally encompass both sides of Washington Street from Humbolt Street to California Drive. In recognition that this area along Washington Street is the primary retail commercial area of the Town, it is the intent of this designation to; 1) ensure that additional retail opportunities are preserved to facilitate a balance of retail and other commercial uses, and 2) to maximize active uses in the core area and in so doing create pedestrian activity and interest. This designation shall apply to the specified parcels/areas indicated on the Zoning Map, in Figure 2. 5.7. b General Conditions ■ The following general conditions shall be required on lands where the Overlay Designation RO; Retail Overlay, is shown on the Zoning Map in Figure 2. . 1. All new development proposals will be subject to the Master Development Plan review process as established in Section 7.4. 2. No inn room or lodging use shall be permitted on the First floor street frontage portion of existing or proposed buildings. Where inn or lodging use presently exists on the first floor street frontage of any property within the Retail Overlay designation, upon the adoption of this Section that existing use shall be considered a legal non-conforming use subject to all the provisions of Section 6.6 of this ordinance. 3. Inn room or lodging use is permitted on the second floor and/or on the first floor if not a part of the street frontage portion of a building. Ordinance Number 289-99 Adopted 4-20-99 Page 2 of 5 ® ... 4. Where an interpretation is necessary to determine whether a portion of an existing or proposed building within the Overlay designation constitutes the “first floor street frontage” portion of the building, the intent of this Overlay designation to preserve the street frontage area of buildings for retail and other non-inn or lodging uses which facilitate active pedestrian access and activity, shall guide such interpretation. 5. Modifications and additions to existing buildings and structures will be permitted provided that the changes are consistent with the Design Ordinance regulations. ‘ regulations of the underlying zoning district, changes do not result in an adverse impact on adjacent uses, as established in Section 6.5. or negatively impact the character of the Town. 6. Development applications shall be accompanied bv detailed architectural and landscape architectural plans rather than design concept plans or schematics. ■ Plans shall clearly define all site improvements, floor plans shall indicate specific uses for the first floor street frontage portion oF proposed buildings, exterior building materials, colors and details, landscape plant materials, irrigation systems, signage, lighting and other hardscape features in sufficient detail to determine what the as built appearance of the proposed development will be. 7. The owner, lessee or property manager of a property within this Overlay shall keep the exterior of all buildings and structures in good condition and free from deterioration. 8. Signs shall follow the provisions established in Section 6.3 of this Ordinance. 5.7.C Uses Requiring a Use Permit All uses within the Overlay Designation RO. Retail Overlay, shall require a Use Permit as provided in Section '7.4, Master Development Plan process, and all new structures and modifications to existing structures are subject to Design Review as established in Section 7.3 of this Ordinance. The following uses may be permitted by a Use Permit consistent with the permitted uses of the underlying zoning designation, and subject to the prohibition of uses outlined in the following Section 5.7d. 1 Commercial uses as allowed in the underlying land use designation; 2 Accessory uses which are subordinate to and complimentary to the primary use. 5.7d Prohibited or Restricted Uses The following uses within the Overlay Designation RO. Retail Overlay are prohibited or restricted as indicated: 1. Inn room or lodging uses on the first floor street frontage portion of any building: 2. Residential uses on the first floor street frontage portion of any building; 3. The living portion of live/work units or buildings on the first floor street Ordinance Number 289-99 Adopted 4-20-99 Page 3 of 5 frontage portion of any building: 9 5.7.e Criteria for a Use Permit In addition to the findings listed in Section 7.6.b, the Town Council, after a public hearing, shall make the following findings before granting a Use Permit for a proposed use in the Overlay Designation RO, Retail Overlay: 1. The proposed use is consistent with the policies outlined in Chapter II. Section_D of the General Plan: 2. The proposed use is consistent with all portions of Section 5.7 above; 3. The proposed use and its physical design is consistent with design criteria _ established in Chapter II, Section D of the Design Ordinance; 4. The proposed use enhances the preservation of retail opportunities within the commercial core of the Town; 5. The proposed use maximizes active uses along the Washington Street core business area and in so doing enhances pedestrian activity and interest; 6. The proposed use exhibits high quality aesthetic and visual design characteristics; and . 7. The proposed use will not be environmentally detrimental to existing or potential commercial and residential uses in the surrounding area. Section 7. Publication This Ordinance shall be published in the Napa Valley Register, a newspaper of general circulation printed and published in the County of Napa, within fifteen (15) days after adoption. Mary Lou Holt, Mayor ATTEST: /s/_ K. Joyce Houghion, CMC, Deputy Town Clerk State of California County of Nupa Town of Yountville )§ I, K. Joyce Houghton. Deputy Town Clerk of the Town of Yountville, do hereby certify that the foregoing Urgency Ordinance was introduced and adopted at a regular Town Council Meeting on April 20'", 1999, and was passed by the tollowing vote. AYES: NOES: ABSENT: ABSTAIN; K. Joyce Houghton, CMC. Deputy Town Clerk Ordinance Number 289-99 Adopted 4-20-99 Page 4 of 5 KM DRAFT GENERAL PLAN AMENDMENT RETAIL OVERLAY TEXT/POLICIES The following proposed General Plan text and policy revisions are intended to establish policy direction and intent in preparing zoning implementation tools and in ultimately making development application land use and design decisions. Proposed text additions are shown in underlined text and deletions are shown by strikethroughs. . Land Use Section, p. 11-23, insert between the 4'*’ & 5'” paragraphs: A variety of restaurants and specialized retail outlets thrive along Washington Street. The occupancy of overnight lodging facilities indicates that Yountville's visitor industry is healthy. Market studies submitted as a part of the review of the Washington Square show that, although there is a demand for local service goods, the needs of residents supports only a few small local-serving businesses. :th More recent economic and market studies indicate a continuing demand for inn rooms, but recommend the followins actions: \) Maintain some degree of balance of inn and retail uses in the Town’s remaining commercial development, preserving opportunities for additional retail uses, and 2) Retail uses should be concentrated within and around the existing central business core which is focused along Washington St. from the Vintage 1870 area southerly. Located near the center of town are the Town Hall, Yountville School, Community Hall, and new Post Office which are discussed in Section E, Existing Civic and Community Facilities. More than 40 percent of the town's residents live in the Veterans Home of California which is located west of Highway 29, within walking distance of the town center. Existing open space and parks are discussed in Section C.2. Land Use Section, p. 11-27, as indicated: D.3.C Commercial The Town Council and the citizens of Yountville recognize the strong contribution made by existing shops, restaurants, inns, and businesses; however, there is concern that the building of new commercial development will change much of the town into a visitor-oriented commercial strip. In response to pressures for accommodating additional commercial uses which serve the increasing number of visitors, the General Plan establishes areas where additional visitor-oriented commercial uses are permitted, and areas where resident-serving commercial businesses will be encouraged. Commercial areas fronting onto Washington Street will reinforce it as a traditional main street. To avoid the potentially negative qualities of a commercial strip at the center of town, it is essential that new commercial development be street and pedestrian- oriented, not inward-focusing, and that visitor-oriented business also provide some benefit to town residents. Yountville has several distinctive qualities which help to define the nature and location of commercial development. These qualities, which are mentioned in different contexts at several points in this document, are as follows: 1 Commercial uses in Yountville are not strictly segregated from residential neighborhoods. Integrated land use is the historic pattern of the town and should be perpetuated in ways that do not threaten existing housing or neighborhoods. 2 Yountville is a main street town and Washington Street is the rnain street. New commercial development can help reinforce Washington Street as the heart of town and can prevent Yountville from becoming diffuse and centerless. 3 Washington Street has the unusual characteristic of being flanked on its west side by Highway 29, a major regional freeway, and on its east by residential neighborhoods. The existing pattern in which larger commercial buildings are on the west side of Washington Street and small, residential-scaled commercial buildings are on the east side of the street, should be perpetuated and reinforced by future buildings. Large concentrations of parking on the east side of Washington Street could be highly disruptive to the fabric of the town. Street-oriented commercial buildings on the west side of Washington Street, however, create opportunities for well-concealed but convenient parking lots between the highway corridor and the backs of Washington Street commercial buildings. This Plan establishes two commercial land-use classifications and two overlay designations that respond to the conditions described above. Each classification has its own permitted uses and its own design criteria. Permitted uses and criteria for alteration or expansion of existing uses are outlined in the Zoning Ordinance. All commercial development in Yountville must obtain a Use Permit from the Town Council. The Use Permit process is specifically intended to prevent further development of visitor-oriented businesses which have negligible benefit to residents, rely upon day visitors, and sell merchandise that is generic in nature, or shops which specialize in schlocky, impulse-purchase items. The intent is to encourage local ownership of commercial uses, and the creation of a distinctive local character, even for visitor-oriented business. New restaurants will be restricted to certain areas and are defined in Section 4.8 the Zoning Ordinance. The two commercial land-use designations are summarized below. General conditions and regulations are established in the Sections 4.8, 4.9, 5.6 (Gateway Overlay') and 5.7 (Retail Overlay) of the Zoning Ordinance, and more detailed design standards are outlined in Chapter II of the Design Ordinance, Land Use Section, p. 11-28, as indicated: Primary Commercial . This is the most permissive commercial designation and applies only to the ■west side of Washington Street. Under this land use designation visitor- oriented businesses, inns, new restaurants as defined by the Zoning Ordinance, professional offices and other businesses which provide goods and services for the recurring needs of the town's residents and the surrounding area are permitted. Buildings which accommodate various combinations of working and dwelling are permitted, such as housing above commercial, commercial adjacent to housing on the same parcel and live/work buildings in which the work space exceeds 25 percent. Primary commercial buildings are not required to be residential in scale. ' Parking requirements are relatively high for this type of commercial because of a high proportion of visitor clientele. The principal orientation and entry location for most tenants should be on Washington Street. There should be minimal gaps in street frontage for parking and parking access, with buildings, walls and landscape elements used to screen parking areas from Washington Street. Trees also should be planted to screen parking areas from Highway 29. Residential-scaled Commercial This designation is used where the Washington Street commercial area abuts residential neighborhoods. It is intended to blend Washington Street commercial areas into the residential fabric of the town, and ensure that it is not set apart as a separate tourist district. New restaurants and other businesses that rely principally on visitors for their clientele are not permitted. However, inns are permitted providing they are architecturally compatible with the surrounding residential character of the Town. All buildings must be residential in scale according to criteria established in Chapter II of the Design Ordinance. Retail Overlay Designation In recognition of the need to preserve retail commercial opportunities in the core business area along Washington St., this designation is used in conjunction with land use and zoning designations along the Washington Street commercial core area from Humbolt St. to California Dr. Its use is intended to preserve retail opportunities by restricting inn room uses within this core commercial area. The mix of permitted uses and building design criteria are listed in Article 5 of the Zoning Ordinance. Land Use Section, p. 11-29, as indicated: D.4.a Issue; Identity and Character of Town Objective 1 Enhance local identity and sense of community. Policies 1.1 Consider the needs of the town as a whole of greater importance than the needs of individual developments. 1.2Promote new developments that are designed to serve the needs of all income levels and the residents of the town. l.SFoster the protection and preservation of the surrounding agricultural uses. 1.4Designate the primary gateway to Town to require special design review to ensure the highest aesthetic quality of development is achieved here. l.SMaintain a viable and attractive central Washington St. business area which reinforces the aesthetic character and activity focus of the community. Land Use Section, p. 11-30, as indicated: Objective ' 4 Manage future growth to ensure an orderly development of the town, preservation of natural and cultural resources, extension of services and protection of the rural setting. Policies 4.1 4.2 4.3 4.4 4.5 4.6 Limit future growth, through the year 2020, to the town's current limits and the number of housing units permitted in this General Plan. Allow future growth based on the ability of the Town to provide necessary public services, protect the natural and physical constraints associated with development of a given site, balance the costs and revenues associated with new development, and mitigate the effects on traffic circulation. Require that development proposals of a magnitude and size which, if developed immediately, would drastically change the scale and character of the town be phased to allow new development to be assimilated into the town fabric with minimal disruption. Ensure that the timing of new development will not create intolerable traffic conditions. Require new developments which have an extensive impact on the existing street network to be phased over a realistic time period, The costs of street improvements should be shared by the developments which create a need for them. Consider preparing an incremental growth management plan by January 1994. Preserve opportunities for retail development along central Washington St. to maximize the concentration of retail activity within the business core area. Land Use Section, p. 11-31, as indicated: D.4.C Issue: Intensity of Commercial Development Objective It is important to promote the character and design of the Washington Street commercial area in a manner which integrates it into the immediate neighborhood and the town as a whole; therefore, it is necessary to ensure that new commercial development reinforces Washington Street's role as a pedestrian-oriented main street and does not allow it to be transformed into either an auto-oriented commercial strip or a series of inwardly focused malls. Policies 8.1 Require most new commercial establishments on Washington Street to face the street and have street oriented pedestrian entrances. 8.2 Limit the amount of Washington Street frontage that can be used for parking or parking access. 8.3 Screen parking where possible with buildings, walls and/or landscape elements. 8.4 Continue to enforce strict signage policies that do not permit large or internally illuminated signs, 8.5 Prohibit raising the natural grade on the west side of Washington Street in excess of that necessary for adequate drainage. 8.6 Enhance pedestrian activity and linkages along central Washington St. by requiring that the majority of new land uses within this area be street frontage oriented retail. r TO: FROM: DATE; '^yV‘ ,• .'-V »•,'«' ^ r^, XAi?.4mW^‘ A JSS^^K vrl , -., ■> ST^PF" REPl)RT?TO^:? Mayor and Town Council Nancy Weiss, Town Administrator /W April 20, 1999 Meeting SUBJECT; Finance Director Position BACKGROUND The Town recently completed a recruitment to replace the previous Finance Officer, Mike Vivrette and has now appointed Kevin Plett to serve in that position. As part of the recruitment process and review of current assigned responsibilities and duties, it is recommended that the position of Finance Director be established, replacing the title of Finance Officer and include a more comprehensive list of financial duties and responsibilities for the Finance Director position. An ordinance will be introduced to further clarify the role of the Finance Director and to clean up any inconsistencies that currently exist in our Municipal Code. The Finance Director also serves as the Town Treasurer. No changes in salary and benefits are recommended. RECOMMENDED ACTION It is recommended that the Town Council adopt Resolution No. 1629-99 approving the job description for the position of Finance Director and waive the reading. April 20, 1999 Meeting Item a _5.4___ page I TOWN OF YOUNTVILLE RESOLUTION NUMBER 1629-99 A Resolution of the Town Council of the Town of Yountviile, Approving Job Description for the Position of Finance Director Whereas, the Town has recently reviewed the job description and current duties for the position of Finance Officer; and Whereas, the Town wishes to change the title from Finance Officer to Town Finance Director and incorporate a more comprehensive list of financial duties and responsibilities within the job description; and Whereas, the description for the position of Finance Director is attached as Exhibit “ A” and incorporated herein and by reference. Now, therefore, be it resolved, by the Yountviile Town Council that the job description for the position of Town Finance Director is hereby approved. Mary Lou Holt, Mayor STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) . I, Deputy Town Clerk of the Town of Yountviile, do hereby certily the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountviile at a regular meeting thereof held on the day of , 1997 by the following vote: AYES: ; ■ NOES: ; . ABSENT: ; ABSTAIN: . (s)_ K. Joyce Houghton, Deputy Town Clerk Resolution Number- Adopted - page 1 m FINANCE DIRECTOR/TOWN TREASURER DEFINITION Coordinates the financial activities and operations of the Tov™, coordinates assigned activities with other Town departments and outside agencies, and provides staff assistance to the Town Administrator and Town Council; serves as Town Treasurer. DISTINGUISHING CHARACTERISTICS The Finance Director has responsibility for managing the Town's financial operations, and the Town’s information technology systems including computer networks and telecommunications. The incumbent is responsible for accomplishing the Town's financial management goals and objectives and for ensuring that these goals and objectives are completed in an effective, cost efficient manner. SUPERVISION RECEIVED/EXERCISED Policy direction is provided by the Town Council and administrative direction is provided by the Town Administrator, Supervisory responsibilities entail direct supervision of technical and clerical staff ESSENTIAL DUTIES Manages all finance services and ■ activities including all financial record keeping and reporting, accounting, payroll, budgeting, accounts payable and purchasing; develops and implements the Town's financial plan including goals, objectives, policies, and priorities; manages utility collection and billing system, implementing policies and procedures for collection, charges, and penalties; serves as Town Treasurer and manages the Town’s investment program and recommends related policies and procedures; performs revenue and fee analysis; manages the Town’s Business License program; oversees and manages the Town's risk management program; prepares and administers the Town budget and capital improvement program; maintains the Town's general ledger; prepares periodic financial statements, reports, and analysis; ensures the accuracy of the Town's financial records; manages the annual audit of Town records and oversees the preparation of comprehensive annual financial report; performs revenue audits as required; collects data and prepares reports including the State Controllers Report, Street Report, Transit Report, tax returns and related filings; manages the Town's computer system and researches, recommends and installs software, coordinates user training and troubleshoots problems; oversees and manages payroll and employee benefit programs, establishes, within Town policy, appropriate service and staffing levels; plans, directs and coordinates the Finance division work plan; trains, directs, and evaluates accounting and other personnel performing a variety of fiscal fiinctions; assesses and monitors work load, administrative and support systems and internal reporting relationships; identifies opportunities for improvement in the Finance function and implements changes; explains, justifies and supports financial programs, policies and activities; negotiates and resolves sensitive and Finance Director job disc, my documents, personncl.se *1.1.99 | controversial issues; provides staff assistance to the Town Administrator; prepares and presents staff reports and other necessary correspondence; provides staff support to assigned boards and commissions; responds to and resolves difficult and sensitive citizen inquires and complaints; represents the Town to other Town departments, elected officials and outside agencies; coordinates finance activities with other departments and outside agencies; attends and participates in professional group meetings; keeps informed of new trends and innovations in the field of public financial management; performs related duties and responsibilities as required. OTHER DUTIES Assists the Town Administrator in a variety of special projects including transportation, emergency management, and public relations. May serve as the interim Administrator in the Town Administrator’s absence. QUALIFICATIONS Experience/Education Sufficient experience and education in municipal finance or public accounting to coordinate the Town financial operations in an effective and cost efficient manner. A typical way of obtaining the required qualifications is to possess the equivalent to five years of increasing responsible, professional public accounting and municipal finance experience, including -two years of administrative and supervisory responsibility and possess the equivalent of a Bachelor's degree from an accredited educational institution with major course work in finance, accounting, economics or a related field. Knowledee/Abilitv Thorough knowledge of the operations, services and activities of a comprehensive financial management program including current principles and practices of accounting, auditing, capital financing, and business law; principles of program development and administration; principles and practices of municipal budget preparation and administration; principles of supervision, training and performance evaluation; and pertinent Federal, State and local laws, codes and regulations. Ability to plan, organize, direct and implement a comprehensive financial management program; manage a variety of administrative, technical and special projects; analyze programs, policies and operational needs; analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals; select, supervise, train and evaluate staff and delegate authority and responsibility; operate and administer the Town’s information technology systems including computer networks and telecommunications; implement and manage automated financial information systems and spreadsheet applications; perform complex accounting and financial analysis; identify and respond to community and Town Council issues, concerns and needs; prepare and present clear and concise administrative and financial reports; prepare and administer large and complex budgets; interpret and apply Federal, State and local policies, laws and regulations; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work. Finance Director job disc, my documents, pcrsonnei.se 4.1.99 Working Conditions Position requires sitting, standing, walking, reaching, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination in reading and writing reports and in using a computer keyboard. Additionally the position requires near, far, and color vision in reading reports and using the computer and calculator, and acute hearing is required when interacting with the public and Town employees. The need to lift, carry and push tables, chairs and boxes weighing up to 25 pounds is also required. The incumbent also must be available to attend meetings in various other Towns and cities, work irregular or extended hours to attend various committee meetings and work with constant interruptions, and at times, with demanding, angry and violent clients when discussing Town finances. Finance Director job disc, my documents, personnel,se 4.1.99 ^ :fe>' !,.i’“V li"nv>'' ■ ' ,.i»-.:'ir'.'p;V:iii; STAFF REPORT ^^ i .„. ,-^f'*.!^' • iStri/. wM-'i / '1.!*^ •■»'} t.1 *is^'-t ;;; e To: Town Council and Town Administrator F r o m : Diane Price, Town Attorney D a t e : April 20, 1999 meeting S u b je c t : Finance Director Ordinance B a c k g r o u n d The current Municipal Code establishes the office of "Finance Officer/Treasurer" (section 3.04.010). There is no "Finance Director. Kevin Plett has been hired to serve as Finance Director/Treasurer. The Municipal Code must be amended to change The title of Finance Officer/Treasurer to Finance Director/Treasurer. The proposed Ordinance does this. The proposed Ordinance also makes the following substantive and organizational changes, which are intended to start the Municipal Code update process; 1. Chapter 3.04 relating to the Finance Official is moved from Title 3 - Revenue and Finance to Tide 2 - Council, Administration, and Personnel. Title 2 describes the various Town officers and it makes sense to include the Finance ■ Director/Treasurer along with the other Town officials. 2. The powers and duties of the Finance Director/Treasurer are more specifically described. (Compare the old Section 3.04.020 to the new Sections 2.28.020 - 2.28.040.) . 3. The current Municipal Code has a chapter relating to Bonds (Chapter 2.16), but other sections relating to bonds are scattered throughout the Code. The amended Chapter 2.16 consolidated all sections related to bonds in one chapter and require the bond amounts to be set by Council resolution. RECOMMENDED ACTION 1. Receive the staff report and direct questions to staff; 2. Open the public hearing and accept public testimony; 3. Close the public hearing; O rdinance Number 291-99 Finance Director /T reasurer April 20,1999 Meeting Item U 16 PAGE 1 4. Introduce for first reading, Ordinance No. 291-99, entitled AN ordinance amending Titles 2 and 3 of the Yountville Municipal Code relating to the Office of Finance Director/Treasurer. O rdinance Number 291-99 jFiNANCE Director /T reasurer April 20, 1999 M eeting ITEM # 16 PAGE 2 APR-15-99 THU 03=48 PM COOMBS & DUNLAP FAX NO, 7072528516 P, 02 TOWN OF YOUNTVILLE ORDINANCE NUMBER^ 9/ -99 AN ORDINANCE AMENDING TITLES 2 AND 3 OF THE YOUNTVILLE MUNICIPAL CODE RELATING TO THE OFFICE OF FE^ANCE DIRECTOR/TREASURER. The Town Council of the Town of Yountvillc finds than WHEREAS, the Town of Yountvillc desires to change the title of Finance Officer/Treasurer to Finance Director/Treasurer, and WHEREAS, the Town of Yoiunvillc desires to further describe the powers and duties of the Finance Director/Treasurer and recodify the sections relating to the position and bonding requirenKnts. NOW, THEREFORE, BE IT ORDAINED by the Town Council, Town of Yountville, State of California as follows; Section 1. Chapter 3.04 of the Municipal Code relating to the office of Fmance Officer/Treasurer Is hereby repealed. Section 2. Chapter 2.28 is added to the Municipal Code to read as follows: Chapter 2.28 . FINANCE DIRECTOR/TREASURER Scaions: . 2.28.010 Office 2.28.020 Powers and Duties ' 2.28.030 Montlily statement to Town Administrator and Council 2.28.040 Withholding payment when mon^' owed Town 2.28.Q10 Office. There i-S established the office of Finance Director/Treasurer.. Ihe Finance Director/Treasurer shall be appointed by the Council. 2-28.020 Powers and duties. . Ordinance No., Adoperd, .99 Page 1 of 4 APR-15-99 THU 03:49 PM COOUBS 8, DUNLAP FAX NO. 7072528516 P. 03 In addition to the duties prescribed herein, the Finance Dirertor/Treastner shall have the duties prescribed m Government Code sections 37201 through 37210, including any amendments thereto. The powers and duties of the Finance Director/Treasurer shall be as follows: A. To maintain records readily reflecting the financial condition of the Town. B. To cause the Town’s annual financial report required by Government section 33891 to be prepared and a summai}’’thereof to be published in accordance with Government Code sections 40804 and 40805; C. To countersign all Town warrants or checks, or to authorize signature by a deputy. . D. To audit all demands against ihe town for money or damages. . E. To cerli^ or approve pajToUs or attendance records of Town officers and employees. F. To disUirsc funds of the Town treasur>' on checks which have been allowed cither by the Council, law, or Town officers authorized to allow the same, G. To issue checks on the treasury for all debts and deman^ ag^st the Town when the antounts are fixed by law, for interest and redemption of bonds issued by the Town, upon surrender and cancellation of sucli bonds or mtercst coupons, tor salaries of officers and employees of the Town who are legally endued to such salaries, and for all ocher demands authorized by law. Salary checks are to be drawn on the dates specified by the Town and at least twice monthly, H. To be responsible for the internal audit function of the Town and designated agencies. I. To coUect all money due the Town unless in any given case the duty of collection is by this Code given to another officer. J. To be responsible for the invesunenl of Town funds in accordance with this Code and applicable state statutes. K. To keep such accounts, receipts, and records as shall be prescribed by the Town Administrator. L. To be responsible for the safekeeping of money received b>' the 1 own. M. To make such recommendations to the Council regarding Town finances as the Finance Director/Tre-.isurer may deem advisable. N. To exercise general stipcrvision over the Town s finances. ’ Ordinm^c No- -^*9 Adopted_____ Page 2 of 4 APR-15-99 THU 03:49 PH COOHBS ^ DUNLAP FAX NO. 7072528516 P. 04 O. To possess such other powers and to perLorm such additional duties as are may be prescribed by ordinance. or 2.28.030 Monthly statement to Town. Administrator and Council. The Finance Dircctor/Trcasurer shall deliver to the Town Administrator ^ d to the Counca at a regularly scheduled Council meeting a budget report showing the budget status iit the end of the preceding month. 2.28.040 Withholding payment when money owed Town. The Finance DireCTor/Treasurer shall allow no payment: A. Without first deducting any indebtedness due from tlie claimant to rile Town, if notice of the indebtedness has been received. . B. Jn favor of any officer, employee, or individual having custody of any funds or collections for the Town, who is delinquent in making the required accounting. Section 3;, Chapter 2.16 of the Municipal Code is amended to read as follows: Chapter 2.16 BONDS Sections: 2.16.010 Bonds 2.16.020 Bonds - Approved 2.16,030 Bonds - Piling , 2.16.010 Bonds. A. The Town Qerk and Town Finance Director/Treasurer shall, before entering upon the duties of their respective offices, each execute a bond to the Town. The penal sum of the bond shall be fixed by the CoMcil by resolution after tlic Town Attorney has examined the bond and found that it meets with the requirements of law. B. The Town Administrator (and any acting Town Administrator) shall furnish a bend in such a sum as may be fixed by Council resoluuon, whi^ shall be conditioned upon the faithful performance of the duties imposed upon the Town Administrator (and any acting Town Administrator) as herein presenbed m this Code. Any premium for such bond shall be a proper charge agamst the Town. Ordinance No._ Adopted_____ Page 3 of 4 APR-15-99 THU 03:50 PU COOMBS 8. DUNLAP FAX NO. 7072528516 P. 05 2.16.020 Bonds - Approved. The Council shall have the power by resolution to require bonds of any other officer or employee of the Town. The Council shall approve all bonds and fix their penal amount by re.solinion, 2.16.030 Bonds " Filing. When approved, the Town Clerk's bond shall be filed with the Town Administrator. All other bonds shall be filed with the Town Clerk- Mary Lou Holt. Mayor ATTEST: /S/ K. Joyce Houghwn, CMC, Deputy Town Gerk State of California ) County o f Napa ) § Town of Youncville ) 1, K. Joyce Houghton, Deputy Town Cerk of the town of YounwiUe, do hereby certify diat the foregoing 6rdin.tnce had its first reading on April 20, 1999, and had its .second readuig and atlopnon on May 4, 1999, and was passed by the following vote; AYES NOES rVBSENI' ABSTAIN K, Joyce Houghton, CMC Depuy Town Clerk No- Adopced___ Page 4 of 4 «P(!-l5-99 THU 03:50 PU COOHBS ( DUNLOP FOX NO. 7072528516 P. 06 TOWN OF yOUNTVILLE ORDINANCE NUMBER 256-95 a n o r d in a n c e o f t h e t o w n o f y o u n t v il l e YountyiUe Municipal Code to amend Chapter 3.04, Sections 3.04.010 through 3 ^ .3 0 regarding the combining of the Office of Treasurer and the position of Finance Officer and incorporating the Treasurer’s Statutory Duties. WHEREAS, the Town of Yountville has hired a Finance Officer; and WHEREAS, the Town of Yountville desires that the Finance Officer perform the duties of Treasurer pursuant to the Government Code, and WHEREAS, the current position of Treasurer does not have duties and responsibilities prescribed by the Government Code delegated by Council; and WHEREAS, the Town of Yountville desires to combine the Office of Treasurer and the position of Finance Officer in order to clarify duties, avoid dupUcation of tasks, and to minimize costs. NOW, THEREFORE, BE IT ORDAINED by the Tovim Council, Town of Yountville, State of California, as follows: r FINANCE OFFICERyTREASTIRER ^04 010 Offioo Created. The office of Finance Officer/Treasurer is estabUshed. This position shall be filled by the Town Council. ■^ 04 020 Pnu/f^r. nnd duties nf Finance OfficerfrrgilSji£££. The powers and duties of the Finance Officer/Treasurer shall be as follows; Town. A. To maintain records readily reflecting the financial condition of the B TocausetheTown'saimualCDancialreportrequiredbySection53891of the California Government Code to be prepared and a summary thereof to be pubbshed m accordance with Section 40805 of the California Government Code. Orainunce Number 256-95 Finance OfTicer/Treasorer Enacted 11/28/95 Page 1 ' C. To ^ ‘orm all the duties required by ® ifom ia Government Code Section 41001 through 41029. D. To audit all demands against the Town for money or damages. E. To certify or approve payrolls or attendance records of Town officers and employees. - , F. To make such recommendations to the Town Council regarding Town finances as may be deemed advisable. G. To exercise general supervision over the Town’s finances. H. To possess such other powers and to perform such additional dunes as arc or may be prescribed by ordinance. T 04 030 Fin..nr; OfficerfrrB..Mirfr to Execute Bond. The Finance Of­ ficer/ T re a s n S e x e c u ™ d > rb « J ire d o ft^ ^ Sechon 36518 of rhc California Government Code. APR-15-99 THU 03:50 PH COOHBS & DUNLAP FAX NO. 7072528516 P. 07 Mary Lou Holt, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF NAPA TOWN OF YOUNTV1I.LE } November 14,1995 ;ind had ils second reading and adopuon on November 2a, i yy 3. anu v JI, on its first reading vote: Ordinance Nuniber 256*95 Finance OfTicer/Treasurer Enacted 11/28/95 Page 2 APR-15-99 THU 03:50 Pti COOMBS 1 DUNLAP FAX NO, 7072528516 P. 08 2.16-m.O Recaiired“-Town Treasurer. The Town Treasur­ er of the town shall execute an official bond to the in the manner and form provided by law, in the penal sum of ten thousand dollars. (Ord. 8 §1, 1965) •? Required— Town Clerk. The Town Clerk of the town shall execute an official bond to the town in the man­ ner and form provided by law, in the penal sum of ten thou sand dollars. (Ord. 8 §2, 1965} 0 i ; f ' t q T l 1 U f c P T . ' ' - i J , ' f t ! V ' l ■ . i i ' l ( ' i ! 1^ ■ h ‘ ■■ t i I y i : | ; f ; . ' u , ■ 1 1 ! ,A X M ; ' ■ ' “ h F i x I d ; [ * i V ,-■ V ' ' ■ ■, TO: Town Council & Town Administrator FROM: Dain Anderson, Town Planner DATE; April 20, 1998 SUBJECT; Public Hearing; Extension of a Declaration of a Water Shortage Emergency and adoption of an Urgency Ordinance Prohibiting New and the Expansion of Existing Water Connections and Prohibiting the Filing of New and the Processing of Development Proposals BACKGROUND: On March 31, 1998, the Town Council received the findings of the General Plan Amendment Cumulative Impact Assessment, which among others included the finding that the Town had an insufficient water supply to meet existing demand during below-normal and dry years. The basis for the Assessment’s findings stems from the recent unreliability of Rector Reservoir as the Town’s primary water source. The magnitude of the shortage is projected to range from 31 (below-normal years) to 226-acre feet (dry years) 12. That is equivalent to the typical water amount needed to supply 72 to 531 single-family homes. The Assessment identified the water shortage as a significant impact for which immediate mitigation is not available. On April 28'*’, the Council adopted Ordinance No. 280-98, “An Urgency Ordinance of the Town of Yountville Declaring a Water Shortage Emergency, Prohibiting New Water Connections and the Expansion of Existing Water Connections, and Prohibiting the Filing and Processing of New Development Proposals”. That Ordinance, under various authorities of California Codes, was enacted for an initial period of 45-days. Those same authorities allow the Ordinance to receive extensions, with the first allowed for a maximum of 10-7, months. On June 9, 1998, the Council extended that Ordinance for a period of 10-7, months (Ordinance No. 281-98). * The projected deficit includes Washington Park, Villagio Inn & Spa, and the Yountville Inn. - The projected deficit also includes a presumed IO%-20% reduction in typical demand through mandated water conservation measures. Ordinance 290-99 Urgency Ordinance April 20, 1999 MEETING ITEM # 15 Page 1 # The basis upon which the initial Ordinance and the first extension were adopted remains unchanged. RECOMMENDATION: The unchanged conditions upon which Ordinance Nos. 280-98 and 281-98 were based necessitate that the Town extend the current moratorium to the full time frame allowed by various California Codes to ensure that any potential shortage is not made more severe. Staff notes that if the Town secures additional and adequate water supplies prior to the end of the moratorium, staff would return to the Council with a recommendation to extinguish the moratorium prior to its stated expiration. Approval; of the Urgency Ordinance requires a 4/5ths vote of the Council and will be in full force and effect immediately. • Staff recommends the Council; 1. Receive the staff report and direct questions to staff; 2. Open the public hearing and accept public testimony; 3. Close the public hearing; 4. Adopt Ordinance No. Urgency Ordinance Yountville Declaring Emergency and Prohibiting New and the Expansion of Existing Water Connections and Prohibiting the Filing and Processing of New Development Proposals, and waive the reading. 290-99 entitled An of the Town of a Water Shortage Ordinance 290-99 Urgency Ordinance April 20, 1999 MEETING ITEM # 15 Page 2 TOWN OF YOUNTVILLE ORDINANCE NUMBER 290-99 Extension of an Urgency Ordinance of the Town of Yountville Declaring a Water Shortage Emergency, Prohibiting New Water Connections and the Expansion of Existing Water Connections, and Prohibiting the Filing and Processing of New Development Proposals The Town Council of the Town of Yountville finds that: A. The Council has adopted a General Plan to guide the overall development of the Town that contains a policy statement requiring that the Town “Maintain an adequate water supply and water service system to accommodate existing and new development.” B. On March 31, 1998, the Council received a report entitled “Yountville General Plan Amendments Cumulative Impact Assessment” (“Assessment”). The purpose ot the Assessment was to “evaluate the potential cumulative impacts of three proposed general plan amendments”. C. The Assessment addressed several potential cumulative impacts areas including water. Its findings are adopted and incorporated herein D. The Assessment concluded that in dry year conditions “there is not an adequate assured supply of water to meet existing demand or that of additional development.” E. The Assessment also concluded that the Town “can expect water supply deficits of approximately 30 af [acre feet] and 150 af [acre feet] in below normal and dry years given existing land use.” F. As a distributor of public water, the Town neither owns nor operates any significant independent source of water. G. Regulation 64562 of the California Waterworks Standards, the administrative regulations promulgated pursuant to the Safe Water Drinking Act, requires that sufficient water must be available from water sources and distribution reservoirs “to supply adequately, dependably and safely the total requirements of all users under maximum demand conditions before agreement is made to permit additional service connections to a system.” H. Section 350 of Chapter 3 of Division 1 of the California Water Code allows the governing body of a distributor of a public water supply to declare a “water shortage emergency condition” within its service area “whenever it finds and Ordinance Number 290-99 Adopted 4-20-99 Page I of 5 determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply...to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.” I. Section 65858(1) of the California Government Code allows the adoption of an ordinance prohibiting certain uses in order “...to protect the public safety, health, and welfare...” J. The information presented in the Assessment with regard to water supply in dry and below-normal years indicates that the ordinary demands and requirements of the Town’s water consumers cannot be satisfied without depleting the Town’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. K. There is the need to allow some basic level of additional development within the . Town so long as such additional development does not exert significant added demand for water supplies. In making this determination the Council concludes that the development of a single family residential unit on an existing lots of record constitutes an acceptable level of additional development and does not constitute a significant added demand for water supplies. L. There is a benefit to allowing currently proposed General Plan Amendments and their associated Re-Zoning proposals to continue to be processed through to action to allow the Town to fully evaluate the total future water demands of the Town at its build-out. Action on General Plan Amendments and Re-Zonings does not constitute added demand for water supplies. M. The transfer of existing water allocations from developed properties to other developed or undeveloped properties under the same ownership where the donating lot of record’s historic water allocation would be transferred to another existing lot of record only if the water connection to the donating lot of record is severed does not constitute a significant added demand for water supplies. N. Ordinance Number 280-98 entitled “An Urgency Ordinance of the Town of Yountville Declaring a Water Shortage Emergency, Prohibiting New Water Connections and the Expansion of Existing Water Connections, and Prohibiting the Filing and Processing of New Development Proposals” was adopted by the Council on April 28, 1998, for a period of 45-days. O. Ordinance Number 281-98 entitled “An Urgency Ordinance of the Town of Yountville Declaring a Water Shortage Emergency, Prohibiting New Water Connections and the Expansion of Existing Water Connections, and Prohibiting the Filing and Processing of New Development Proposals” was adopted by the Council on April 28, 1998, for a period of lO-A months. Ordinance Number 290-99 Adopted 4-20-99 Page 2 of 5 O. This Ordinance has been properly noticed pursuant to tlte provisions of Section 6061 and 65090 of the California Government Code. P. The Town Council has held a public hearing regarding the matter. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Yountville, State of California, as follows: Section 1. Declaration of a Water Shortage Emergency The Town Council of the Town of Yountville hereby declares a water shortage emergency under provisions of Sections 350-358 of the California Water Code based on findings outlined in this Ordinance. Section 2. Prohibition of New and Expansion of Existing Water Connections The Council hereby and immediately imposes a prohibition on new water service connections and on the expansion of existing water connections, except as provided for in Section 4. Section 3. Moratorium on the Processing of Development Proposals The filing of new and/or the continued processing of existing discretionary development applications for all development within the Town, including but not limited to Master Development Plans, Use Permits, Design Reviews, Tentative Parcel Maps, and Tentative Subdivision Maps is hereby prohibited, except as provided for in Section 5. Section 4. Exceptions The Council hereby provides for the following exceptions to the provisions of this Ordinance. , ■ A. Any development project approved by staff, the Zoning and Design Review Board, or the Town Council prior to the date of this Ordinance’s adoption shall be allowed to proceed through to construction and operation. B. Any undeveloped lot of record existing as of the date of this Ordinance’s adoption shall be allowed to have constructed upon It one single family detached residential unit or one duplex residential structure (2 units) subject to all applicable State and local laws. C. Any developed lot of record existing as of the date of this Ordinance’s adoption shall be allowed to undergo remodel subject to all applicable State and local laws. Ordinance Number 290-99 Adopted 4-20-99 Page 3 of 5 D. Any developed lot of r^ord existing as of the date of tnis Ordinance’s adoption shall be allowed to have re-constructed upon it a structure comparable to that which it would replace subject to all applicable State and local laws. E. Any two or more existing lots of record as of the date of this Ordinance’s adoption may transfer some or all of the historic water allocation from one lot to another if all lots .between which the transfer occurs are under the same ownership, subject to the review and approval of the Town. For all such occurrences where a water transfer is permitted the transferred water allocation shall allow the receiving lot of record to either be developed or to receive expanded development to the extent allowed by the amount of the transferred water allocation. Further, the donating lot of record shall have its water connection severed. Any new or expanded development allowed via a transferred water allocation shall be processed subject to all applicable State and local laws. F. Any developed lot of record existing as of the date of this Ordinance’s adoption shall be allowed to be converted to, expanded- to, or reconstructed as a duplex residential structure (2 units). Section 5. Term. This Ordinance shall be effective immediately upon adoption and remain in effect for a period not to exceed 12-months. Section 6. Validity If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, section, subsection, sentence, clause or phrase be declared invalid. Ordinance Number 290-99 Adopted 4-20-99 Page 4 of 5 Section 7. Publication This Ordinance shall be published in the Napa Valley Register, a newspaper of general circulation printed and published in the County of Napa, within fifteen (15) days after adoption. ATTEST: Mary Lou Holt, Mayor /s/ K, Joyce Houghton, CMC, Deputy Town Clerk State of California ) County of Napa )§ Town of Yountville ) I, K. Joyce Houghton, Deputy Town Clerk of the Town of Yountville. do hereby certify that the foregoing Urgency Ordinance was introduced and adopted at a regular Town Council Meeting on April 20‘“, 1999, and was passed by the following vote: AYES: NOES; ABSENT: ABSTAIN; K. Joyce Houghton, CMC, Deputy Town Clerk Ordinance Number 290-99 Adopted 4-20-9(9 Page 5 of 5 / STAFF REPORT TO: Town Council & Town Administrator FROM: Dain Anderson, Town Planner DATE; April 6, 1999 SUBJECT; Report on Efforts to Eliminate or Reduce an Identified Water Shortage Emergency . . BACKGROUND; On March 31, 1998 the Council received the findings of the General Plan Amendment Cumulative Impact Assessment, which among others included the finding that the Town had an insufficient water supply to meet existing demand during below-normal and dry years. The basis for the Assessment’s findings stems from the recent and still on-going unreliability of Rector Reservoir as the Town’s primary water source. The magnitude of the shortage is projected to range from 31 (below-normal years) to 226-acre feet (dry years)'-. That is equivalent to the typical water amount needed to supply 72 to 531 single-family homes. The Assessment identified the water shortage as a significant impact for which immediate mitigation is not available. On April 28, 1998 the Council adopted Ordinance No. 280-98 entitled, “An Urgency Ordinance of the Town of Yountville Declaring a Water Shortage Emergency, Prohibiting New Water Connections and the Expansion of Existing Water Connections, and Prohibiting the Filing and Processing of New Development Proposals”. That Ordinance, under various authorities of California Codes, was enacted for an initial period of 45-days. Those same authorities allowed the Ordinance to receive extensions, with the first allowed for a maximum of 10-1/2 months. The Council adopted that first extension on June 9, 1998. Another extension for the maximum period of 12-months is expected to be recommended to the Council at the meeting.of April 20, 1999. ' The projected deficit includes Washington Park, Villagio !nn'& Spa, and the Yountville Inn. - The projected deficit also includes a presumed 10%-20% reduction in typical demand through mandated water conservation measures. Water Urgency Ordinance Status Report April 6, 1999 MEETING ITEM # 11 Page 1 The basis upon which the initial Ordinance was adopted is unchanged. As outlined in earlier reports, a consulting engineering firm has been retained to assist the Town identify water supply strategies and to assist in securing a long-term, reliable supply adequate to serve the Town’s current and future water demands. Since the Council’s adoption of the initial Ordinance and the succeeding extension, the Town has taken the following steps toward resoling the identified emergency: • On-going discussions with the Veterans’ Home of California as operators of Rector Reservoir aimed at providing assistance in their efforts to upgrade the Reservoir’s extraction and treatment systems, all aimed at providing a more reliable water.supply for the Town; • The Town retained an engineer with expertise in water supply systems and strategies to assist in identifying potential sources of additional water supplies and strategies for securing and delivering those potential sources; • The Town retained an engineer to assess the existing available capacity in the North Bay Aqueduct pipeline to determine if there is adequate unsecured capacity to deliver additional supplies to the Town of Yountville; • The Town has conducted exploratory discussions with agencies currently possessing water rights and actual supplies about the possibility of securing portions of those rights and/or supplies. The conditions that led to the initial adoption of Ordinance No. 280-98 have not changed. The Town continues to face the possibility that existing demand will exceed available supplies during below-normal and dry years as noted earlier in this report and that the identified the water shortage is a significant impact for which immediate mitigation is not available. '______^______ RECOMMENDATION: The existing Urgency Ordinance was adopted under provisions of California Government Code §65858. Section 65858(d) requires that 10-days prior to the expiration or extension of an Urgency Ordinance that the legislative body “...issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.” Staff is recommending that the Council direct staff to prepare such a report based on the four bullet points outlined earlier in this report and issue that report on behalf of the Council not less than 10-days prior to expiration of the current Urgency Ordinance, Water Urgency Ordinance Status Report April 6, 1999 MEETING ITEM U 11 Page 2 s 9 B 9 which will expire on April 28, 1999, unless further extended by the Council on Apnl 20. 1999. Staff recommends the Council: 1. Receive the staff report and direct questions to staff; 2. Receive public comment; _ ^ 3. Direct staff to prepare a report describing measures taken to date to alleviate the condition which led to adoption of Ordinance No. 280-98. Water Urgency Ordinance Status Report April 6, 1999 MEETING ITEM # 11 .Page 3 STAFF REPORT ■ *’ :■ *r' f .. ,*?■* HfD tJ. ifvr ’> > ' - :r • ‘ ' i To: Town Council F r o m : Joyce Houghton, Deputy Town Clerk D a t e : April 20, 1999 meeting S u bjec t : Zoning and Design Review Board vacancy. B a c k g r o u n d The election of Council Member Thollander to the Town Council, caused one position on the Zoning & Design Review Board to become available. At the March 16th Council meeting, the Town Council directed staff to post the vacancy for a period of thirty days, ending 4:00 pm, April 16th. Two applications to fill the vacancy have been received. The applications of Claudia Schmidt and Lou McGuaran are included as part of this report. R eco m m ended A ction 1. Set a date for interviews and direct staff to notify the applicants; or 2. Set a new deadline for an extended the application period. ZDRB Vacancy APRIL 20,1999 M eeting ITE.M # 9.1 PAGE I Applicant Name: Street Address: _ Mailing Address: . APR 1 4 1999 town of Z oning and D esign R eview B oard ’> /n r d f' / W ^ i^ou/?fi////^ C J Y 9 € f Y Telephone (daytime). f.7<y7) m - 9 s ^ f FAX Number ^ 7 0 ^ ) 0 3 / 0 .City, State, Zip (evening) r-9-o^ ) 9 ¥ ¥ 9 7 o T (Must be a resident and a registered voter in Yountville to be considered Are you a Yountville resident? Yes S Since for this committee) Are you registered to vote in Yountville? Yes S I No [_1 Background and Qualifications of each applicant is part of the Council's selection process. The Council wishes to have a Zoning/Design Review Board with a membership of five (5) citizens who have a knowledge of the Town and a commitment to the goals and objectives of the General Plan. The Board should include members with some education and/or professional experience in design, architecture, landscape, construction, business management, or other education or experience which enables the member to visalize design elements of buildings, landscape, color, etc., from graphic presentations. Background and Qualifications: ' JT />0o&7fk STfjdj&c/. //opf/eoMjn° /<?/?<?( i?/?e a / 77C j6ai7S\ .A/t/m iTie. vears J'ht/e /h jo /z A e c /. / jj / 7 h z ^ g f e w / 7 p / y f —____ ' ^jaa/zi^/y c/es/w />a/>e^ -h T7>e acTya/ S/7r. “m y g r 7iSri 7 b - ' j Z ~ T fr iT G /T o L y h ///o r h Y K ^ EXPERIENCE and/or PROFESSION ^ /Z ^A /? a o er <7f S & ^a / ^ : s 7 k A s . < 7 7 a /\/E n S ’ /> ? 7 ^ < ° / ^ / / e ^ Pa /A fe r '/zLaTl ^ ^ /r ty Return to; Town of Yountville 6550 Yount Street (707) 944-8851 Fax (707) 944-9619 Yountville, Ca 94599 R FC Ff'yF= D MAR 3 0 1999 ■ TOWN OF YOUWTVH^PLIC ATION Z oning and D esign R eview B oard Applicant Name: _ Lou Street Address; U Mailing Address: ( ^ Telephone Cdavtime') FAX Number AO//\_____________ . City, State, Zip VnUf/f (^A.9VQ^9 __ (evening) ___________________ Are you a Yountville resident? Yes Are you registered to vote in Yountville? Yes X 3 ------------- (Must be a resident and a registered I voter in Yountville to be considered Since fO/i'b No [HI for this committee) ^ Notll Background and Qualifications of each applicant is part of the Council's selection process. The Council wishes to have a Zoning/Design Review Board with a membership of five (5) citizens who have a knowledge of the Town and a commitment to the goals and objectives of the General Plan. The Board should include members with some education and/or professional experience in design, architecture, landscape, construction, business management, or other education or experience which enables the member to visalize design elements of buildings, landscape, color, etc., from graphic presentations. Background and Qualifications: I f\ h. do h f-t rvT'f^h tho B/ ^A ris Lf\U',_______________ 13.R A . ;a Oc'A/T/^u/^c ^h,UCt\T/cU._ 90^71(^00 \jorTH T/m u/u/r/.___________ LL'/T h hlOLfoF hiorA! A/AA/ty i.00- ^Oi^eh THig oc/'ihUK j r y ktAt-L a T /^ 0 n u h ^ ^ e r rr^ S /tW f) EXPERIENCE and/or PROFESSION /S' As A/^ PiUkiiToR /t^/? R0^0c/{y^/BiiO fv(\ o0 sT<^fiO fo^ (^c^STRuaTto/' h&PQ Five X/^/Fx>c ^ Return to: Town of Yountville 6550 Yount Street (707) 944-8851 Fax (707) 944-9619 Yountville, Ca 94599 Applicant Name:. Street Address: _I W T O E ^ APR 1 6 1999 TOMN OF YOtMTVLLl APPLICATION Z oning and D esign R eview B oard q t3 » -w fe Since No No B (Mustbearesidentunda registered voter In Yountville to be considered for this committee) Mailing Address;__ Telephone (daytime). FAX Number Are you a Yountville resident? Yes Are you registered to vote in Yountville? Yes lx. Background and Qualifications of each applicant is part of the Council’s selection process. The Council mshes to have a Zoning/Design Review Board with a membership of five (5) citizens who have a knowledge of the Town and a commitment to the goals and objectives of the General Plan. The Board should include naembers with some education and/or professional experience in design, architecture, landscape, construction, business management, or other education or experience which enables the member to visalize design elements of buildings, landscape, color, etc., from graphic presentations. Background and Qualifications: fg-M O lB D BEaL>l£ EXPERIENCE and/or PROFESSION _____________ A p a m g n r . w m i A l b W V O C i^ a t r W W DfewH tsai^ I uNfeD iw rcte.ai-igie> m> tu tps ceom ton A AWo cmzEH. Return to: Town of Yountville 6550 Yount Street (707) 944-8851 Fax (707) 944-9619 Yountville, Ca 94599 Rob Anglin Architect, AIA 1891 Mulberry St. Yountvilic, California 94599 707-944-8473 robanglin@aol.com PROFESSIONAL EMPLOYMENT ■ March, 1999 to ftesent May. 1996 to September, 1998 September, 1993 to N-Iay, 1996 June; 1992 to August, 1993 October, 1991 to June, 1992 September, 1980 to October, 1991 ARCHITECT, WALLEY ARCHITECTS, ST. HELENA, CA. Staff member in a small architectural firm specializing in winery and residential design. SENIOR ASSOCIATE, GGLO ARCHITECTURE AND INTERIOR DESIGN, SEATTLE, WA. Director of Corporate Interior Architecture in a 95 person firm specializing in corporate, urban and interior design, multifamily housing and retail. PRINCIPAL, JALBERT RASNACK ANGLIN/ANGLIN DESIGN GROUP, SEATTLE, WA. Principal of 12 person firm. Work included residential, retail and corporate design. SABBATICAL, FLORENCE, ITALY. Self-directed studies in Italian art, architecture and la dolce vita. SENIOR ASSOCIATE, NBBJ ARCHITECTS, SEATTLE, WA. Senior staff member of a 500 person firm. FYoject .Vlanager for work that included interior architecmre and medical design. SENIOR ASSOCIATE, WYATT STAPPER ARCHITECTS, SEATTLE, W A. Project Manager. Helped lead the successful growth of the firm from an original staff of 10 to over 70. Major emphasis of my work included residential, corporate and retail design. EDUCATION 1975-1980 1965-1970 University of Wasliington, Seattle, Washington. Master of Architecture. University of Dayton, Dayton, Ohio. Bachelor of Science in Business Administration, ARCHITECTURAL REGISTRATION 1988 State of Washington FAMILY I lun happily married to Peggy Hackney, who is a Dance/Movement Specialist. Her specialty is movement analysis and the creative process. We have a daughter, .Ashby Anglin, who is currently 15 years old, sings with the Napa High School Choir and the Contra Costa Children's Chorus, shows her miniature horse (nam^t^^ O'Sullivan,) plays soccer, and takes care of oia two cats in between talking to her friends on the telep^t)^^ '■ -'■'■1:;'^ ','!!!-t;', .,i'‘ :‘ 'yi-v-'V!i?it >, •‘J .ill,'....... El . [ I I'k;'"'’'::'s! TO: Town Council & Town Administrator FROM: Dain Anderson, Town Planner DATE: April 20, 1999 SUBJECT: Public Hearing: Yountville Farmers Market Use Permit BACKGROUND: During the course of the Town’s recent Community Facilities Survey one of the key interests expressed by the community was for the creation of a farmers market to bring a selection of fresh produce and related foods to the Town. Late last year the Town Council authorized the holding of a Winter Farmers Market as a means of assessing the community’s commitment to a local farmers market and to also assess the interest of growers in bringing their products to the Town. The net result of the Winter Farmers Market test was outstanding. The level of commitment and interest by the community and growers led staff to proceed with working toward a Spring/Summer/Fall Farmers Market. Town staff examined a number of potential locations for the Farmers Market, including Community Hall, Yountville and Veterans’ Park, the Seventh Day Adventist Church Parking Lot, and Vintage 1870. Of all the potential sites, Vintage 1870 provided the most desirable location due to the availability of parking and services, lighting, a central location, and an extremely interested property owner. ■ To that end staff, the managers of the Winter Farmers Market, and representatives of Vintage 1870 and Compadres Mexican Bar and Grill held several meetings, the results of which follow: . Location:The Compadres Mexican Bar and Grill parking lot and front lawn Day:Wednesdays Time;4:00pm to 8:00pm Yountville Farmers Market Use Permit April 20, 1999 MEETING ITEM # 13 Page 1 Duration:May 12 through October 27, 1999 Number of Vendors: A minimum of 20, and a maximum of 30 Stalls for the vendors of produce would erect their booths within the parking lot in front of Compadres. Vendor booth space would be made available on'the front lawn of Compadres for vendors of processed specialty foods such as vinegars, mustards and salad dressings. The proposal also includes a proposal by Compadres management to provide live entertainment during the Market (to be situated on the lawn close to Compadres entrance) and a short menu of ‘finger’ food and beverages principally available to growers and Market attendees. Among the issues the Council may want to discuss are: Parking: The use of Compadres’ parking lot will result in a net loss of approximately 34- parking spaces during the Market’s hours of operation. The management of Compadres has agreed to secure the services of a valet to parking their patrons’ vehicles in the gravel-lot located behind the restaurant and adjacent to Highway 29. It is anticipated that the majority of the Market’s patrons will either walk to the Market or utilize the Town’s new shuttle service. Water Demand; The establishment of a Farmers Market will not result in a net increase demand for domestic water. The individual vendor booths will not be provided with water. If any of the vendors require domestic water for the storage or sale of the' products they will be required bring with them their own supply as necessary. Individual vendors will be required to clean-up their own booth space and as a result no water is expected to be needed for overall clean-up of the Market area. ENVIRONMENTAL REVIEW: The proposed Yountville Farmers Market is Categorically Exempt from review under Section 15301 of the California Environmental .Quality Act Guidelines of 1997. Yountville Farmers Market Use Permit April 20, 1999 MEETING ITEM U 13 Page 2 USE PERMIT FINDINGS: fli The Zoning Ordinance requires the approval of a Use Permit for any activity 'within the Primary Commercial Zoning District, Section 7.6 of the Ordinance sets forth findings required for approval of a Use Permit, which follow with staffs responses to the findings. 1. The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable, and compatible with the neighborhood and community; The proposed operation of a weekly Farmers Market at the Compadres is well suited to the parking lot in which it will be conducted. The desire for a Farmers Market was expressed by a significant portion of those responding to the Town’s Community Facilities Survey, which demonstrates a correlation between the proposed Market and its desirability to the community. The location of the Farmers Market within the Primary Commercial Zoning District is a suitable location inasmuch as the specific site is centrally located within the Town and at the same time it is removed from residential neighborhoods sufficiently to ensure that no impacts to the residential community are imposed. 2. Such use or feature, as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following: a The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; b The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading; ' c The safeguards afforded to prevent noxious or offensive emissions such as glare, dust and odor; d The proposed use will not result in excessive levels of noise for any period of time; e Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and Operation of the Farmers Market is not expected to result in the‘generation of any detriment to the immediate or distant area. The site has adequate access opportunities for vehicles and pedestrians; the majority of the Vintage 1870 parking lots will be available for use by Market patrons; the operators of Yountville Fanners Market Use Permit April 20, 1999 MEETING ITEM # 13 Page 3 _ 9 . Compadres Mexican Bar and Grill will provide valet service for their restaurant patrons to minimize any inconvenience imposed on those patrons by the Market and to ensure that adequate parking is provided throughout the Market’s operation; and noise is not expected to be generated at levels that would be considered excessive. 3. Such use or feature as proposed will comply with the applicable provisions of this Ordinance and will be consistent with the policies and standards of the General Plan. The Zoning Ordinance does not specifically address the conduct of a weekly Farmers Market. The purpose of the Market is to provide a service to the Yountville community; a service that the community has expressed great interest in. The Market will also serve as a community resource in that it will provide another gathering place for the community where friendships can be strengthened, new associations formed, the quality of life that is synonymous with Yountville presetted and expanded. PUBLIC COMMENT; As of the writing of this report no comments (written or verbal) have been received. RECOMMENDATION: Staff has presented a proposal to conduct a Farmers Market from May 12'^ through October of this year at the Compadres Mexican Bar and Grill parking lot. As noted, the idea of a local farmers market evolved during the recent Community Facilities Survey from a significant number of the Town’s residents. Staff believes that the cooperation illustrated by the owners of Vintage 1870, the operators of Compadres Mexican Bar and Grill and the managers of the Town’s Winter Farmers Market demonstrates a commitment by all those involved to make the Yountville Farmers Market a valuable resource for the Yountville community. Staff recommends that following the conduct of a public hearing that the Council approve the Use Permit for the Yountville Farmers Market. Yountville Farmers Market Use Permit April 20, 1999 MEETING ITEM U 13 Page 4 Staff recommends the Council: 1. Receive the staff report an<Tdirect questions to staff; 2. Open the public hearing and receive public comment; “ 3. Close the public hearing; 4. Adopt Resolution Number 1622-99 entitled: A Resolution of the Town Council of the Town of Yountville Approving a Use Permit for the Yountville Farmers Market at Vintage 1870/Compadres Mexican Bar and Grill at 6539 Washington Street, and waive the reading. Yountville Farmers Market Use Permit April 20, 1999 MEETING ITEM # 13 Page 5 TOWN OF YOUNTVILLE RESOLUTION NUMBER 1622-99 A Resolution of the Town Council of the Town of Y ountville A pproving a Use Permit for the Yountville Farmers M arket at V intage 1870/Compadres M exican Bar and Grill at 6539 Washington Street WHEREAS, the Town of Yountville and the Yountville Chamber of Commerce filed an application for a Use Permit seeking approval to operate a Farmers Market in the Compadres Mexican Bar and Grill parking lot at 6539 Washington Street; and WHEREAS, the Farmers Market is not expected to generate any demand for water; and - WHEREAS, the Town Council conducted a public hearing to consider the proposed Use Permit at a duly notice meeting on April 20, 1999; and WHEREAS, Section 7.6 of the Zoning Ordinance requires the making of findings for approval of a Use Permit, as follows: 1. The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable, and compatible with the neighborhood and community; The proposed operation of a weekly Farmers Market at the Compadres is well suited to the parking lot in which it will be conducted. The desire for a Farmers Market was expressed by a significant portion of those responding to the Town’s Community Facilities Survey, which demonstrates a correlation between the proposed Market and its desirability to the community. The location- of the Farmers Market within the Primary Commercial Zoning District is a suitable location inasmuch as the specific site is centrally located within the Town and at the same time it is removed from residential neighborhoods sufficiently to ensure that no impacts to the residential community are imposed. 4. Such use or feature, as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following: a The nature of the proposed site, including its size and shape, and the ■ proposed size, shape and arrangement of structures; Resolulion Number - 1622-99 a d o pted - 4/20/99 page I_______ b The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading; c The safeguards afforded to prevent noxious or offensive emissions such as glare, dust and odor; . d The proposed use will not result in excessive levels of noise for any period of time; e Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and Operation of the Farmers Market is not expected to result in the generation of any detriment to the immediate or distant area. The site has adequate access opportunities for vehicles and pedestrians; the majority of the Vintage 1870 parking lots will be available for use by Market patrons; the operators of Compadres Mexican Bar and Grill will provide valet service for their restaurant patrons to minimize any inconvenience imposed on those patrons by the Market and to ensure that adequate parking is provided throughout the Market’s operation; and noise is not expected to be generated at levels that would be considered excessive. 3. Such use or feature as proposed will comply with the applicable provisions of this Ordinance and will be consistent with the policies and standards of the General Plan, The Zoning Ordinance does not specifically address the conduct of a weekly Farmers Market. The purpose of the Market is to provide a service to the Yountville community; a service that the community has expressed great interest in. The Market will also serve as a community resource in that it will provide another gathering place for the community where friendships can be strengthened, new associations formed, the quality of life that is synonymous with Yountville preserved and expanded. WHEREAS, the approval of a Use Permit for operation of a Farmers Market is Categorically Exempt from revie\y under Section 15301 of the California Environmental Quality Act Guidelines of 1997. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves a Use Permit for the operation of a Yountville Farmers Market in the Compadres Mexican Bar and Grill parking lot at 6539 Washington Street based on the making of all findings required for the approval of a Use Permit pursuant to Section 7.6 of the Zoning Ordinance as enumerated in this Resolution, and subject to the following Condition of Approval: Resolution Number - 1622-99 ADOPTED- 4/20/99 page 2___________ r^ s1. The Use Permit authorises the conduct of the YountvillS®*Farmers Market on the Vintage 1870/Compadres Mexican Bar and Grill parking lot and front lawn at 6539 Washington Street. The Market shall be conducted on Wednesdays, beginning on May 12, 1999, and continue until October 27, 1999. The Market shall operate between the hours of 4:00pm and 8:00pm. 2. Compadres Mexican Bar and Grill may sell beverages and “finger” food on their front lawn during the hours of the Farmers Market. 3. Live entertainment on the front lawn of Compadres Mexican Bar and Grill is permitted subject to all applicable provisions of the Town’s Municipal Code 4. The site of the Farmers Market shall be fully cleaned immediately following each Market session. No electrical and gasoline powered equipment may be utilized for the cleaning. Mary Lou Holt, Mayor STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWNOFYOUNTVILLE ) . I, K. Joyce Houghton. CMC, Deputy Town Clerk of the Town of Youniville. do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20"' day of April, 1999 by the following vote; AYES; NOES; ABSENT: ABSTAIN: K. Joyce Houghton, CMC, Deputy Town Clerk Resolution Number - 1622-99 ADOPTED- 4/20/99 page 3___________ V 5 - ' ^-. ' *«*..*/..* • :! ■* " '4. ■-. - ,< • »■ ■ , ■ *J», ■ "s^V ' - 'i ’' , , .'^ t ^ ,.t ----------------------■#£«. ■ J,-irii*'! ' 1 . ,. j.:..*-- • • ■ i , ' . : .'V > TO; Mayor and Town Council FROM: Nancy Weiss, Town Administrator DATE: April 20, 1999 Meeting SUBJECT: Resolution No. 1623-99 Approving Professional Services Agreement for the Operation of a Fanners Market in Yountville BACKGROUND Per Council direction at the February 23, 1999 Council meeting, staff has negotiated a budget and contract with the previous organizers of the Farmers Market (Joan Taramasso and Barbara Payton) for managing a Spring through Fall Farmers Market. It was noted in the previous staff report that the location of the Farmers Market will be in the parking lot directly in front of Compadres Bar and Grill. The market will be held on Wednesdays between 4:00 PM and 8:00 PM from May 12 through October 27, 1999. The proposed budget for the market is $14,000 which includes management fee, promotion, advertising and miscellaneous expenses. Some of the typical expenses will be covered by the parties including Compadres, Chamber of Commerce and the Town, such as entertainment costs, equipment, utilities and assistance with promotion and advertising. The goal is to make the Farmers Market self supporting through vendors fees and other revenues that may be generated. The site is smaller than desired, but we have conservatively estimated 20 vendors per week to pay $25.00 per stall to the market. It is recommended that the Town provide $2,000 in seed money for up front costs. The mid-point of the market, sometime in July, the Chamber of Commerce Farmers Market Advisory Committee will evaluate the financial status of the market and provide recommendations to the Town regarding if any additional, financial assistance that may be needed (if any) and if the Town desires to continue on with market. The success of the Yountville Farmers Market will be largely depended upon local participation from residents and local businesses. The Chamber of Commerce will be actively involved in working with hotels and restaurants to maximize their participation April 20, 1999 Meeting Item ___ page 1 in the market It is also anticipated that additional participation from residents and veterans will be generated once the Town of Yountville’s shuttle service is implemented in late May. , The focus of the Yountville Farmers Market will be on produce and specially packaged foods. No craft vendors will be allowed at this point. The focus of the promotion and marketing is for the local residents and businesses in surrounding areas. Local grower participation will be encouraged. It is also hoped that the school will get involved or possibly the TEAM program through the Recreation Department in growing produce and flowers to sell at the market. Farmers Market Advisory Committee: As previously discussed, the Yountville Chamber of Commerce has agreed to serve as the umbrella organization to oversee the market through an advisory committee. Several people have come forth to participate. The general make up of the committee will consist of the following: > Chamber of Commerce - Jeff Steen, Bonnie Buss > Compadres Bar and Grill - Rick Enos > Farmers Market grower > Market organizers - Joan Taramasso and Barbara Payton > Town staff representative - Skip Walters > Residents - 3 residents including someone from the Veterans Home and possibly a youth representative The committee will need to meet in the very near future and it is recommended that the Chamber finalize the committee makeup and provide a list of participants to the Council. If the Town desires to continue with the Farmers Market it is recommended that the Chamber of Commerce serve as the manager of the contract with the Farmers Market organizers instead of the Town as part of the Town’s marketing promotional contract with the Chamber for fiscal year 1999-2000. The cooperation from the Chamber and Rick Enos from Compadres has been exceptional. Enthusiasm from residents and businesses remains high which we hope will carry on into producing a very successful Spring, Summer and Fall Farmers Market. April 20, 1999 Meeting Item #_13 ___ page 2 ■ J 9 RECOMMENDED ACTION Adopt Resolution No. 1623-99 Approving the Professional Services Agreement Between the Town of Yountville and Joan Taramasso and Barbara Payton for the Coordination and Management of a Spring through Fall Farmers Market in Yountville. April 20,1999 Meeting Item #_13 ___ page 3 _________^______________________________________ ^ TOWN OF YOUNTVILLE RESOLUTION NUMBER 1623-99 A R esolution of the T own Council of the Town of Yountville, authorizing the T own Administrator to execute an agreement with Joan Taramasso / Barbara Payton for coordination and management of a Spring through Fall 1999 Certified Farmers Market in Yountville. WHEREAS, the Town recently completed a community facilities study and it was found that a farmer’s market in Yountville was a high priority among adult residents, teens, Veterans and Chamber of Commerce members; and WHEREAS, the Town initiated a farmer’s market during the Winter months (November through January/February 1999) in Yountville as a pilot project to establishing a more permanent farmer’s market during Spring and Summer months; and WHEREAS, the Town wishes to continue with the services provided by Joan Taramasso and Barbara Payton, the current managers of the downtown Napa farmer’s market, to manage, coordinate, and promote the market in Yountville; and WHEREAS; the Town agrees to provide up to $2,000 in seed money to implement a Spring through Fall certified farmer’s market in Yountville. . NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Yountville hereby authorizes the Town Administrator to execute an agreement with Joan Taramasso for the coordination, management, and promotion of a Spring through Fall farmers market in Yountville. BE IT FURTHER RESOLVED, that the Town Council of the Town of Yountville hereby authorizes up to $2,000 in funding to provide for the start up and management costs of the proposed a Spring through Fall farmer’s market in Yountville. Mary Lou Holt, Mayor sta te o f C a l ifo r n ia ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) I, Deputy Town Clerk of the Town of Yountville, do hereby ceriify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20th day of April. 1999 by the following vole: AYES: NOES: ABSENT: ABSTAIN: K. Joyce Houghton. Deputy Town Clerk Resolution Number - 1623-99 Adopted - 4-20-99 poRe I P rofessional S ervices A greement THIS AGREEMENT, effective as of April 20, 1999, between the TOWN OF YOUNTVTLLE ("Town"), a municipal corporation, and JOAN TARAMASSO and BARBARA PAYTON (collectively as "Contractors") provides: RECITALS ' A. Town requires outside assistance to provide for the coordination, management, and promotion of a farmer's market ("the market") in Yountville. B. Contractors represent that they possess the necessary skills and qualifications to provide the services required by Town. C. Town has adopted Resolution Number 1623-99 authorizing the Town Administrator to enter into this Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, Town and Contractors agree as follows: AGREEMENT 1. Scope of Services / Budget. , Contractors shall provide Town with the services outlined in Exhibit “A” which is attached and incorporated by this reference. Said services shall be provided in accordance with the proposed budget attached and incorporated by this reference as Exhibit “B.” 2. Term. This Agreement shall commence as of the effective date and shall extend until October 31, 1999, unless terminated earlier pursuant to this Agreement or extended by the mutual written consent of the parties. 3. Payment for Services. Town shall pay Contractors a total oT $400Jor each farmer's market that takes place in the Town. Town shall also either aaVarTce or reimburse Contractors an amount not to exceed $2,000 for the reasonable expenses and operating costs related to the market. All surns due Contractors shall first be paid from the income from the market. In the event the income from the market is insufficienf to cover Contractors services and/or expenses, Contractors shall invoice the Town for the remaining amount. In no case hall the total reimbursement exceed $2,000 without prior authorization from the Town Council. 4. Accounting. Contractors agree to establish a separate bank account and account for all funding provided by Town and income received by the market and to keep complete books and records thereof and to submit such information to Town on a monthly basis for review and audit. Any additional revenues remaining at the end of the term of this agreement shall remain in the account for future farmers market expenses. . 5. Termination of Agreement. This Agreement may be terminated by either party, without cause, upon 30 days written notice to the other party. On or before the 30th day following such notice, Contractors shall assemble all completed work product to date and all work in progress and deliver the work product to Town. 6. Ownership of Documents. All plans, studies, reports, permits, promotional materials and other documents related to the market shall be the property of the Town. 7. Independent contractors. 7.1. Contractors enter into this Agreement, and will remain throughout the term of the Agreement, as independent contractors. Contractors agree that they are not and will not become employees or agents of Town while this Agreement is in effect. Contractors further agree that they are not entitled to the rights or benefits afforded to Town's employees including disability or unemployment insurance, workers' compensation, medical insurance, or any other employment benefits. 7.2. Contractors may, at Contractors' own expense, use any employees or subcontractors Contractors deem necessary to perform the services required of Contractors by this Agreement. 8. Nonassignable Contract. Contractors shall not assign this Agreement without the prior written "ownconsent of Town. 9. Indemnification. 9.1. Contractors agree to indemnify and hold Town and Town's officers, officials, employees, and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages, and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of Contractors or Contractors' agents, employees or subcontractors. Contractors' obligation herein includes, but is not limited to, alleged defects in the services delivered by Contractors. Upon demand. Contractors shall, at their own expense, defend Town and Town's officers, officials, employees, and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages, and costs. 9.2. Contractors' obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages, or costs that arise out of Town's intentional wrongful acts. Town's violations of law, or Town's sole active negligence. 10. Insurance. 10.1. Contractors shall obtain and maintain throughout the term of this Agreement the following insurance coverage: 10.1 .a. Workers' Compensation and Employers' Liability coverage in compliance with the laws of the State of California covering all employees of Contractor. ' 10.1. b. Comprehensive General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. 10.1. c. Automobile Liability: Fifty Thousand Dollars ($50,000) per occurrence for bodily injury and property damage. This coverage shall include owned, hired, and non-owned automobiles used in conjunction with Contractors' services under this Agreement. 9 10.2. All polices, except for Worker's Compensation, shall name Town, its employees, officers, and agents as additional insureds. Contractors must show proof of coverage to Town within (15) days of the execution of this Agreement. 11. Disputes. 11.1. If a dispute should arise regarding the performance of this Agreement, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between the parties shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party along with recommended methods of resolution. The party receiving the letter shall reply to the letter, along with a recommended method of resolution within ten (10) days of receipt of the letter. 11.2. Amy controversy or claim arising out of this Agreement that remains unresolved after the parties have exhausted the procedures of this section shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. 12. Notices. 12.1. Any notices to be given under this Agreement, or otherwise, shall be served by certified mail at the address listed below: Town:Contractors: Nancy J. Weiss Town Administrator Town of Yountville. 6550 Yount Street Yountville, California 94599 Joan Taramasso 4104 Old Sonoma Road Napa, California 94559 13. General Provisions. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach or violation of any other requirement of this Agreement. This Agreement constitutes the entire agreement between the parties related to the subject matter herein and shall be construed and interpreted in accordance with the laws of the State of California. The 9 Agreement may only be modified or amended by a written instrument signed by both parties. In the event that either party commences legal action of any kind, including arbitration, arising out of or related to this Agreement, the prevailing party shall be entitled to all costs and reasonable attorney's fees incurred in such action. Dated:Dated: Contractors:Town of Yountville: By: By: By: Joan Taramasso Nancy J. Weiss Town Administrator Barbara Payton 9 EXHIBIT A Scope of Services Contractors shall provide the following professional services: a. Plan and execute advertising, publicity, special events, grower recruitment and other promotional activities. b. Manage the daily operations of the market. c. Assist growers and venders into their assigned spaces, collect their stall fees, keep attendance and payment records. d. Check all facilities prior to each market and make sure the market area has been cleaned up after the market. e. Draft and enforce market rules and regulation. . f. Ensure that the market complies with all applicable state and local laws and serve as liaison for the Town with all regulatory agencies. g. Coordinate the market schedule and any traffic or parking requirements with the Town. h. Report to the Town Administrator or her designee the status of the market on a weekly basis and assist the Town council in governing the market. i. Perform community public relations to encourage support for the market. j. At the conclusion of the 1999 Spring through Fall market season, prepare a report for the Town regarding the establishment of an ongoing farmer's market in Yountville. 1. Meet with Yountville Chamber of Commerce Farmers Market Advisory Committee on a monthly basis to solicit input regarding the management and promotion of the Yountville Farmers Market. The Committee shall review and calculate the financial status and success of the market no later than July 14th and provide recommendations to the Town Council regarding continued financial support (if necessary) to continue the market. # EXHIBIT “B” APRIL 16, 1999 YOUNTVILLE FARMERS MARKET 1999 PROPOSED BUDGET May - October 1999 Projected Income: 20 - 25 vendors x $25 x 25 w ks Cold Drinks $ 500/wk X 25 weeks $12,500 $ 1.500 $14,000 Cost of Goods Cold Drinks $ 750 Net Income $13,250 Expenses Management Fee (In clud ing coordination, bookkeeping, teleph one, office supplies) $10,000 Promotion and Advertising (C ham ber and T ow n w ill assist in flyers and rackcard distribution, local m ailings distribution, m ailings-contractor to provide printed m aterials for distribution by C ham ber and T ow n) $ 2,500 Miscellaneous (Perm its, m arket banner, business license, postage) $ 1.500 Total Exnenses $ 14,000 Net Loss ($ 750) Entertainment/Special Events To be provided by Compadres Equipment Table, chairs, umbrellas: to be provided by Vintage 1870, Compadres, Town Utilities To be paid by Compadres Insurance Each vendor needs to name Town, Compadres, Vintage 1870 as additional insured or through blanket Special Event insurance coverage purchased through the Town Bank Account To be handled through separate aeeount established by contractor Additional signage Vintage 1870 to contribute funding for banner/additional signage as needed ~i^*~.ii-.--t^t!-^!*.i.ii*^ -!...■ '/‘.-4iLi‘*i*i l-''.-!.-i^i-* i-V-T-i — — ■ili".il'!?j^— I.LLM— ■■...lI—tw^MLiM^lai^ii. STAFF REPORT To: Town Council and Town Administrator From: Paul H. Klassen, Town Engineer Date: April 20, 1999 Subject: Yountville Landscaping and Lighting Assessment District BACKGROUND: As a condition of approval of the Washington Park Subdivision the Town Council required formation of a Landscaping and Lighting Assessment District to pay for maintenance and operation of landscaping park areas, view corridor landscaping, street lights and parking shoulders within the subdivision. In June of 1997 the Town Council approved the formation of the Assessment District and authorized levying of the assessments for FY 1997-98, and in June of 1998 the Town Council approved the levying of the assessments for FY 1998-99. The 1972 Lighting and Landscaping Assessment District Act as outlined in the Streets' and Highways Code, requires the appointment of an assessment district engineer and for the district engineer to file an annual Engineer’s Report. Coastland Civil Engineering, Inc. has prepared the Annual Engineer’s Report for the Yountville Landscaping and Lighting Assessment District pursuant to the 1972 Landscaping and Lighting Act. DISCUSSION: There are two distinct actions that are needed for this assessment district at tonight’s meeting. Both are pursuant to the rules and regulations stipulated in the Streets and Highways Code for this type of assessment district. The first action is appointing the district engineer. This process requires that a resolution be passed by the Council specifying who is responsible for preparing the annual engineer’s report. In this case, Coastland Civil Engineering is the recommended District Engineer because they have been responsible for the creation and annual reports since the inception of this Landscape & L ighting District APRIL20,1999 M eeting Item # 18 PAGE 1 9 assessment district. The passage of the resolution appointing the distriet engineer is authorizing Coastland Civil Engineering to complete the necessary work for filing the Engineer’s Report. It is also appoints Coastland as the responsible firm for presenting the annual engineer’s report at the required public hearing. The cost associated with completing this work is approximately $4,250 and is recovered through the assessment district. The second step in this process is to receive the Annual Engineer’s Report, as prepared by Coastland Civil Engineering and adopt a Resolution of Intention to hold public hearings on this matter at the June 15, 1999, Town Council meeting. The Annual Engineer’s Report is being filed with the Council as an attachment to this staff report. The Resolution of Intention recognizes that the Council has received the report and sets a date certain to hold a Public Hearing to receive public comments and to discuss the contents of the report. At the June 15, 1999 council meeting, the item will be discussed and either changes to the report will be recommended or the report will be accepted as filed. If the Council adopts the Engineer’s Report as filed, assessments will be levied on all parcels within Washington Park Subdivision in the Town of Yountville during fiscal year 1999-00. The assessments are levied as part of the property tax bill received by property owners. If recommendations are suggested, the changes will be made and revised assessments will be levied against the parcels. The District is comprised of three zones of benefit: parks, street lights, and parking shoulders. Zone 1 - Parks Zone 1 covers costs associated with the operation and maintenance of view corridor landscaping and park areas in the Washington Park Subdivision. Because the developer is required to maintain the landscaping for one year, this years’ costs include 10 months of landscaping costs, engineering^dministration, and contingency costs. The future years’ costs include the full year of operation and maintenance of the landscaping and park areas as well as engineering/administration and contingency costs. Zone 2 - Street Lights Zone 2 covers costs associated with the operation and maintenance of the street lights in Washington Park Subdivision. Landscape & Lighting Dis trict APRIL 20, 1999 Meeting Item # 18 PAGE 2 Zone 3 - Parking Shoulders Zone 3 covers costs associated with the maintenance of parking shoulders in the Washington Park Subdivision. The per unit assessment for lots within this subdivision is projected to be a maximum of $185.18 for Zone 1, $17.82 for Zone 2 and $18.64 for Zone 3 (total of $221.64). This assessment is the projected maximum once the park has been accepted by the Town for maintenance. For fiscal year 1999-00, the total assessment of the combination of all three zones is $198.88. The first year's assessment is lower because the park (Zone 1) will not be accepted for operation and maintenance by the Town until August of 1999. This year's assessment will recover costs associated with 10 months of landscaping maintenance, a full year of street light and parking shoulder operation and maintenance, preparation of the Engineer's Report and a contingency fund. It should also be noted that the report includes an allowance to adjust assessments annually per the CPI without having to obtain voter approval. If assessments were proposed in excess of the previous year's assessment plus the CPI, voter approval by the property owners within the District would be required. By accepting the Engineer's Report at this time, the Council simply receives the report and sets the dates for the public hearing. At the public hearing, the Town Council has the opportunity to take public input, direct changes to be made to the report and/or accept the Engineer's Report and authorize the levying of assessments. RECOMMENDED ACTION It is recommended that the Town Council:, 1) Waive the reading and adopt Resolution Number 1626-99, designating Coastland Civil Engineering as the engineer-of-work and directing the filing of the Engineer’s Report. 2) Waive the reading and adopt Resolution of Intention Number 1627-99 accepting the filing of the Engineer’s Report and setting the time and date for the public hearing. Landscape & L ighting District ’APRIL 20, 1999 Meeting Item U 18 PAGE 3 TOWN OF YOUNTVILLE RESOLUTION NUMBER 1626-99 9 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE DIRECTING THE FILING OF AN ANNUAL ENGINEER’S REPORT FOR THE TOWN OF YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 ) AND APPOINTING COASTLAND CIVIL ENGINEERING AS THE ENGINEER OF WORK FOR THIS DISTRICT. . W h e r e a s , Coastland Civil Engineering, as the Town Engineer, has the experience to prepare engineering reports associated with the Landscaping and Lighting Act of 1972 and has prepared the engineer’s report in past years, and W h e r e a s , this year’s assessment district will include Washington Park Subdivision located within the Town limits, which was assessed last year. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Yountville hereby designates Coastland Civil Engineering as the Engineer-of-Work for the Town of Yountville’s Landscaping and Lighting Assessment District; and BE IT F u r t h e r RESOLVED that the engineer of work is hereby directed to file an annual report pursuant to Section 22622 of the Streets and Highway Code. Mary Lou Holt, Mayor ■ STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) I, K. Joyce Houghton, CMC. Deputy Town Clerk of the Town of Yountville, do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the 20th day of April, 1999 by the following vote: AYES; ; NOES: ; ABSENT: ; ABSTAIN; . ' K, Joyce Houghton, CMC, Deputy Town Clerk Resolution Number - —99 ADOPTED- 99 page 1__________ TOWN OF YOUNTVILLE ^ RESOLUTION NUMBER 1627-99 A RESOLUTION OF INTENTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE FOR THE YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT__________________________________________________________________________ WHEREAS, the Town Council intends to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the improvements to be made in this Assessment District are generally described as follows: The operation, maintenance and other incidental costs associated with the park areas and view corridors within the Assessment District, street lights within the Assessment District and costs associated with the maintenance of parking shoulders within the Assessment District. NOW, THEREFORE, BE IT RESOLVED: 1. In accordance with the Town Council’s resolution initiating proceedings, Coastland Civil Engineering, Inc. has Filed with the Town Clerk, the annual engineer’s report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the Assessment District and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 2. The Engineer’s estimate of the costs arid expenses of maintaining said improvements and the incidental expenses in connection therewith as contained in said report ^be, and each of them are, hereby preliminarily approved and confirmed; and 3. That a public hearing will be held on Tuesday, June 15, 1999 at 7:00 p.m. at the Yountville Town Hall, 6550 Yount Street, Yountville, CA. At such time, the Town Council will conduct a public hearing on the level of assessments; and 4. The Town Clerk is authorized and directed to give the Notice of Hearing required by the Landscape and Lighting Act of 1972 for said public hearing. Mary Lou Holt, Mayor ' STATE OF CALIFORNIA ) COUNTY OF NAPA )§ TOWN OF YOUNTVILLE ) !, K. Joyce Houghton. CMC, Deputy Town Clerk of the Town of Yountville. do hereby certify the foregoing Resolution was duly and regularly adopted by the Town Council of the Town of Yountville at a regular meeting thereof held on the day of , 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN; K. Joyce Houghton, CMC, Deputy Town Clerk Resolution Number - —99 ADOPTED- 99 page 1__________ 9 annual ENGINEER'S REPORT YOUNTVILLE LANDSCAPING & LIGHTING ASSESSMENT DISTRICT TOWN OF YOUNTVILLE COUNTY OF NAPA STATE OF CALIFORNIA APRIL 1999 Prepared By: Coastland Civil Engineering, Inc. \\Ctfsl\projects\Yountville\05-426\426engrcp.doc 14,1999 A YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) The undersigned respectfully submits the enclosed report as directed by the Town Council. DATED:_______Anril 20 1999 COASTLAND CIVIL :ENGINEJ No. C043148 Jo^njL. Wanger, RCE 4: ^ I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the ___day o f ____________, 1999. Nancy Weiss, Town Administrator, Town of Yountville Napa County, California By:. I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Yountville, California, on the ___day o f __________, 1999. Nancy Weiss, Town Administrator, Town of Yountville Napa County, California By:. I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Napa on the ___day o f __________, 1999. Nancy Weiss, Town Administrator, Town of Yountville, Napa County, California By:---------------------------------------------- ENGINEER'S REPORT YOUNTVILLE LANDSCAPEVG & LIGHTING ASSESSMENT DISTRICT (Pursuant to the Landscaping & Lighting Act of 1972) Annual Assessment Coastland Civil Engineering, Engineer of Work for the Yountville Landscaping & Lighting Assessment District, Town of Yountville, Napa County, California, makes this report, as directed by the Town Council, pursuant to Section 22585 of the Streets & Highways Code (Landscaping & Lighting Act of 1972) for the Yountville Landscaping & Lighting Assessment District for fiscal year 1999-00. Background The Yountville Landscaping & Lighting Assessment District was formed in 1997 by the Town Council to cover costs associated with the operation and maintenance of street lighting, landscaping view corridors, park areas and parking shoulders within the Washington Park Subdivision. The City Council authorized the levying of assessments in fiscal years 1997-98, and 1998-99. The 1972 Landscape and Lighting Special Assessment District Act requires that these assessment districts be updated on an annual basis with new cost estimates being generated annually for projected costs of the upcoming fiscal year. There are three different zones of benefit proposed for this district as follows; Zone 1 - Parks Zone 1 covers costs associated with the operation and maintenance of view corridor landscaping and park areas in the Washington Park Subdivision. Because the developer is required to maintain the landscaping for one year, this year’s costs include only ten months of landscaping maintenance costs and engineering/administration and contingency costs. Next years’ costs will include a full year of operation and maintenance of the landscaping and park areas as well as engineering/administration and contingency costs. Zone 2 - Street Lights Zone 2 covers costs associated with the operation and maintenance of the street lights in Washington Park Subdivision. -3- Zone 3 - Parking Shoulders Zone 3 covers costs associated with the maintenance of paved parking shoulders in the Washington Park Subdivision. At present, the parking shoulders consist of asphalt concrete. Annexation into this Assessment District is allowed and the Town may choose to annex other subdivisions in the future. Pursuant to the Landscaping & Lighting Act of 1972, an annual Engineer’s Report must be filed. In this Engineer’s Report there are cost estimates for operation and maintenance of the facilities. These will be updated with annual engineer’s reports as required by the 1972 Act. This report includes allowance for an automatic annual maximum adjustment in accordance with the Consumer Price Index (CPI) to take into account annual inflation. If the annual Engineer’s Report recommends any adjustment up to the previous assessment plus an adjustment up to the CPI, no notices shall be required to be sent nor shall a vote be required. However, if the adjustments recommended in the annual Engineer’s Report exceed the previous year s assessment plus an adjustment per the CPI, noticing and/or voting shall be required in accordance with the provisions applicable to this Assessment Act and Proposition 218. -4- This report consists of 6 parts as follows: PART A - This portion of the report describes any plans and specifications that may be needed for the installation of improvements. If plans and specifications exist, they are filed with the Town Clerk, Although separately bound, the plans and specifications are part of this report and are included herein by reference. PART B - Cost estimates associated with the operations and maintenance of the described improvements. PART C - A summary of the estimated costs of the improvements on each benefitted parcel of land within the Assessment District. PART D - A statement of the method by which the engineer of record has determined the amount proposed to be assessed against each parcel. PART E - A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized assessment roll for taxes. The list is keyed to Part C by assessment number. PART F - A diagram showing all of the parcels of real property within the Assessment District. The diagram is keyed to Part C by assessor parcel number. PART A PLANS AND SPECIFICATIONS The District is proposing to accept the street lighting and view corridor landscaping, park landscaping and parking shoulders located in the public rights-of-way for maintenance purposes once it has been accepted by the Town of Yountville. Maintenance may include replacement of damaged irrigation facilities or diseased landscaping and/or cleaning and general maintenance of parking shoulders, repair vandalized equipment, replace street lights as needed and other allowable maintenance items per Section 22531 of the Streets and Highways Code. -6- 0 PART B In the attached sheets you will find cost estimates for fiscal year 1999-00 for all those costs associated with the operation and maintenance of each of the zones within the Assessment District, Because there is a one-year maintenance period for costs associated with park landscaping - Zone 1, this fiscal year’s costs (FY 1999-00) have been shown separately. From discussions with Town staff, the developer’s landscaping maintenance will terminate on August 20, 1999. Therefore, ten months of maintenance costs in 1999-00 have been included in the cost estimate. After this maintenance period is over, the proposed costs will equal future years’ costs as shown below. The cost estimates have been separated by zone for clarity and assignment of benefit. The total cost of the future years and the 1999-00 fiscal year for the Yountville Landscaping & Lighting Assessment District is as follows: FUTURE YEARS As Filed Zone 1 $17,777,28 Zone 2 $1,710.72 Zone 3 $1,789.44 TOTAL $21,277.44 Preliminarily Approved As Finally Approved F.Y. 1999-OQ As Filed Zone 1 $15,592.32 Zone 2 $1,710.72 Zone 3 $1,789.44 TOTAL $19,092.48 Preliminarily Approved As Finally Approved Landscaping Utility Costs Engineering/ Admin Contingency (10%) TOWN OF YOUNTVFLLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT BUDGET 1999-2000 FISCAL YEAR Zone 1 - Parks (Future Years) (12 m ondis) Water Electric Total Estimated Number of Units in Zone 1 Estimated Maximum Assessment for Zone 1 Equivalent Single Farriily Dwelling Units Estimated Total Revenue in future years Zone 1 - Parks F.Y. 99-00) Landscaping Costs for F.Y. 99-00 (10 months of Fiscal Year 99-00) Utility Costs Engineering/Admin Contingency (10%) Total Estimated Number of Units in Zone 1 Estimated Maximum Assessment for Zone 1 Equivalent Single Family Dwelling Units Estimated Total Revenue in fiscal year 99-00 $11,444.00 $1,200.00 $480,00 $3,340.88 $1,312.40 $17,777.28 96 $185.18 96 17.777.28 9,536.67 1,400,96 3,340.88 1,313.81 15,592.32 96 $162.42 96 $15,592.32 -8- TOWN OF YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT BUDGET 1999-2000 FISCAL YEAR Zone 2 - Streetlights Utility Costs Electric $1,264 Subtotal Engineering/Admin Contingency (10%) Estimated Number of Units in Zone 2 Estimated Assessment for Zone 2 Equivalent Single Family Dwelling Units Total Revenue (1998-99 Fiscal Year) Total $1.263.60 $321.72 $125.40 $1,710.72 96 $17.82 96 $1,710.72 -9- • TOWN OF YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT BUDGET 1999-2000 FISCAL YEAR Zone 3 - Parking Shoulders Shoulder Maintenance Cleanup $720.00 Repair $601.00 Subtotal $1,321.00 Engi neer i ng/A dmin $336.00 Contingency (10%)$132.44 Total $1,789.44 Estimated Number of Units in Zone 3 96 Estimated Assessment for Zone 3 $18.64 Equivalent Single Family Dwelling Units 96 Total Revenue (1998-99 Fiscal Year)$1,789.44 -10- PART C ASSESSMENT ROLL As mentioned in Part B, the total proposed assessment for the 1999-00 fiscal year for the Yountville Landscaping & Lighting Assessment District is $15,592.32 for Zone 1, $1,710.72 for Zone 2 and $1,789.44 for Zone 3. In future years the total proposed assessment will be $17,777.28 for Zone 1, $1,710.72 for Zone 2 and $1,789.44 for Zone 3. The breakdowns of the associated assessment per parcel are enclosed. The lines and dimensions of each parcel are shown on the maps of the County Assessor of the County of Napa. -11- TOWN OF YOUNTVILLE LANDSCAPLNG AND LIGHTING ASSESSMENT DISTRICT SPREAD 1999-2000 FISCAL YEAR NO. OF E.S.D.ZONE 1 ZONE 2 ZONE 3 TOTAL A.P.N,LOTS UNITS ASSESS.ASSFISS.ASSESS.ASSESS. 036.461-001 1.0 1.0 $162.42 $17,82 $18.64 $198.38 036^61-002 1.0 1.0 $162.42 $17.82 $18.64 $198,88 036-461-003 1.0 1.0 $162.42 $17.82 $18.54 $198.88 036-461-004 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-161-005 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-161-006 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-161-007 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-151-008 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-161-009 1.0 1.0 $162.42 $17.82 $18.64 $198,88 036-161-010 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-461-011 1.0 5.0 $812,10 $89.10 $93.20 $994.40 036-462-001 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-462-002 1.0 1.0 $162-42 $17.82 $18.64 $198.88 036-162-003 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-462-001 1.0 LO $152.42 $17.82 $18,64 $198.88 036-162-005 1.0 1.0 $162.42 $17.82 $18.64 $198.88 035-162-006 1.0 i.o $162.42 $17.82 $18.64 $198.88 036-162-007 1.0 LO $162.42 $17.82 $18.64 $198.88 036-162-008 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-162-009 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-162-010 =1.0 1.0 $162.42 $17.82 $18.64 S19S.88 036-163-001 1.0 1,0 $162.42 $17.82 $18.64 $198.88 036-463-002 1.0 1,0 $162.42 $17.82 $18.64 $198.88 036-163-003;1.0 1.0 $162.42 $17.82 $18.54 $198.88 036-463-0O4-1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-163-005 1.0 I.o $162.42 $17.82 $18.64 $198.88 035-463-006 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-463-007 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-463-008 1.0 1.0 $162.42 $17.82 $13.64 $198.88 036-163-009 LO 1.0 $162.42 $17.82 $18.64 $198.88 036-463-011 1.0 1.0 $162.42 $17.82 $18.64 $198,88 036463-012 1.0 LO $162.42 $17.82 $18.54 $198.88 036463-013 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036463-014 1.0 1.0 $162.42 $17,82 $18.04 $198.88 036463-015 1.0 1.0 $162.42 $17.82 $18.64 $198,88 036463-016 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036464-001 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036464-002 1.0 LO $162,42 $17.82 $18.64 $198,88 036464-003 i.o 1.0 $162.42 $17.82 $18.64 $198.88 036^64-004 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036464-005 1.0 1.0 $162.43 $17.82 $18.54 $198.88 036464-006 1.0 1.0 $162.42 $17,82 $18.64 $198.88 036464-007 !.0 1.0 $162.42 $17.82 $18-64 $198.38 035464-008 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036464-009 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036464-010 1.0 1.0 $162.42 $17.82 $18.64 $198.88 i’ROI’ERTV OWNER MARCH BANKS KELLI PELZMAN ROBERT J. * MICHEI.LE PILCH. IjARRY A. & LAURA MADONNA CACWLN-LEAVY LORI BUSS BONNIE CULLEN MEGAN MEVN MARY J. & RICHARD B. GAGE ST EPHEN B. & DIANA I.PEREZ PYLE HEATHER SVOREN JOHNNY * SHELLEY A. fa m ily APARTMENTS KRAMLICH PAMELA UBOLT THOMAS I. WESTBURY DANIEL AND BRENDA SMERAGLLA T IM K ROORDA TIMOniYL AND MACKENZIE P RANZAU MATTHEV,' I AND DARLENE D THROWER THOMAS S AND BONNY LOU EDWARDS DANIELLE L AND WILLIAM A IVERSON RICHARD R AND PAULA J CHIU DAVID K MLYNAR JANET L- DUNBAR JOHN F. i ROBIN D. VIRNIG JEFFREY T. i VICTORIA HONIGSBERG PETER I, it MARY L. ZERNICKE ROBERSON DEXTER WINKOWSKI JUDITH A. WALSH PATRICIA FANNING ANNA MCDONNELL BROOKE J FOREIGN AFFAIR. INC. HEWI IT. BILLIE A. ENOELBRECHT. MARIETTA ZUEST. PAUL it JACQUELINE CANNATELLA. ANTHONY it PHYLLIS ROLLIN E. & MARJORIER. MEYER HARRIS DAVID L AND ARLEEN ZOE DEGALA GILLEN JOHN F AND ANN E BAUER JOSEPH M AINSWORTH CHARLES H AND KATHLEEN L SHIRMANG THOMAS E AND CAROL I KING MARYBEITI SIDENFADEN MAXINE BOTTARI JOHN R SCHUBERT ERICA C STEGMAN CA'niERINE FINNEGAN OWNER'S ADDRESS 27 LANDS WAY YOUNTVILLE 25 LA.NDE WAY YOUNTVILLE 13 JASMINE ST. YOUNTVILLE 11 JASMINE ST. YOUNTVILLE 9 JASMINE ST. YOUNTVTLLE 7 JAS.M1NE ST. YOUNTVILLE 1924 MOUNT AVE. YOUNTVILLE 1926 MOUNT AVE YOUNTVILLE S928 MOUNT AVE. YOUNTVILLE 1930 MOUNT AVE YOUNTVILLE 1931 MOUNT AVE YOUN TVILLE 8 LANDE WAY YOUNTVILLE 10 LANDE WAY YOUNTVILLE 12 LANDE WAY YOUNTVILLE 14 LANDE WAY YOUNTVILLE 16 LANDE WAY YOUNTVILLE 15 LANDE WAY YOUNTVILLE 20 LANDE WAY YOUNTVILLE 22 LANDE WAY YOUNTVILLE 24 LANDE WAV YOUNTVILLE 26 LA.NDE WAY YDUNTA’ILLE 2 FORRESTER YOUNTVILLE 4 FORRESTER YOUNTVRLE 6 FORRESTER YOUNTYTLLE 3 FORRESTER YOUNTVILLE 10 FORRESTER YOUNTVILLE 12 FORRESTER YOUNTVILLE 2 REDWOOD DR YOUNTVILLE 4 REDWOOD DR YOUNTVILLE 6 REDWOOD DR Y'OUNTVILLE 10 REDWOOD DR YOUNTVILLE 9 LANDE YOUNTVILLE 7 LANDE YOUN TVILLE 5 LANDE YOUNTVILLE 3 LANDE YOUNTSTLLE 1 LANDE YOUNTVILLE 2 FOXGLOVE LN YOUNTVILLE 4 FOXGLOVE LN YOUNTVILLE 6 FOXGLOVE LN YOUN IVILLE 8 FOXGLOVE U9 YOUNIVILLE 10 FOXGLOVE LN YOUNTVILLE 12 FOXGLOVE LN YOUNTVILLE 14 FOXGLOVE LN YOUNTA'ILLE 13 REDWOOD DR VOUNTS'ILLE [ 1 REDWOOD DR YOUNTVILLE 9 REDWOOD DR YOUNTVILLE 12 TOWN OF YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT SPREAD 1999-2000 FISCAL YEAR A.P.N. NO. OH LOTS E.S.D. UNITS ZONE 1 ASSESS- ZONE 2 ASSESS. ZONE 3 ASSESS. TOTAJ- ASSESS. 036^64-011 TO 1.0 $162.42 $17.82 $18.64 $198.88 036-464-013 1,0 1.0 $162.42 $17.82 S18.M $198.88 036-464-014 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036A64-015 TO TO $162.42 $17.82 $18-64 $198.88 036-465-001 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-465-002 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-465-003 TO TO $162.42 S17.S2 $18.M $198.88 036-465-004 I.O 1.0 $162.42 $17.82 $18.64 $198.88 036-465-005 1.0 TO $162.42 $17.82 $18,54 $198.88 036-465-006 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-465-007 TO 1.0 $162.42 $17.82 $18.64 $198.88 036-465-008 TO 1.0 $162.42 $17.82 $18.64 $198.88 036465-009 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036-465-010 1.0 TO $162.42 $17.32 $18,64 $198.88 035-465-011 1.0 TO $162.42 $17.82 $18.64 $198.88 036465-013 1.0 TO $162.42 $17.82 $18.64 $198.88 036465-014 1.0 !.0 $162.42 $17.82 $18.64 $198.88 036465-015 1.0 TO $162.42 $17.82 $18.64 $198.8S 036466-001 1,0 1.0 $162.42 $17.82 $18.64 $198.88 036465-002 1.0 TO $162.42 $17.82 $18.64 $198.88 036466-003 1.0 TO $162.42 $17.82 $18.64 $198.88 035466-004 1.0 TO $162.42 $17.82 $18.64 $198.88 036456-005 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036466-006 1.0 1.0 $152.42 $17.82 $18.61 $198.88 036466-007 ■1.0 1.0 $162.42 $17.82 $18.64 $198.88 036465-008 .1.0 1.0 $162.42 $17.82 $18.64 $198.88 036466-009 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036466-010 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036466-011 1.0 1.0 $162.42 $17.82 $18.64 $193.88 036467-001 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036467-002 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036467-003 1,0 TO $162.42 $17.82 $18.64 $198.88 036467-005 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036467-006 1,0 1.0 $162.42 $17.82 $18.64 $198.88 036467-007 1.0 TO $162,42 $17.82 $18.64 $198.88 035467-00S 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036467-009 1.0 1.0 $162.42 $17.82 $18.54 $198.88 036467-010 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036467-011 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036467-012 1.0 TO $162.42 $17.82 $18.64 $198.88 03646S-001 1.0 1.0 $162.42 $17.82 $18.64 $193.88 036468-002 1.0 1.0 $162.42 $17.82 $18.64 $198.83 036468-003 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036468-004 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036468-005 1.0 1.0 $162.42 $17.82 $18.64 $198.88 036468-006 1.0 1.0 $162.42 $17.82 $18.64 $198.88 property OWNER OWNER’S ADDRESS WURZEL BRAD D AND LYNN M PJRJO DAVID J AND VICKIE V gates cyndi a DAMON J. 3l DRISTINE H. OBNOWSKl GRAHAM CONNIES ROSOW STANLEY PARK KRISTYN LYNN OSTLIND BENJAMLN B ORTBANDT KARIN FROELICH PATRICIA A GALLEGOS IGNACIO A AND SILVIA MHYN MARY J AND RICHARD B MORGADO MANUEL AND DIANNE C BLACKMERJOHN ANDREWS SUSAN BUCCCOLERl BONITA HAMILTON BLOOM JANlS L AUSTIN GAIL S NOLA FRANK V & G. MICHELLE LOUFAS JOHN & EFFIE RAKOS WADE PATRICIA M HALLMARK CHARLES MOLLISON DAVID AND ROBIN ONEIL EDWARD T AND SHARON H WADE HARRISON LEE AND LINDA SUZANNE RUBEN JONATHAN D AND KERRY A TITLE JEANNE M BERNIE DIANE M ROBBLNS FRANCES ALVES JOSEPH R GATES CYNDIA MAY COLLEEN I OCONNOR ROBERT & GINA D LINDAUER STEWART A AND CLARA B BRETTEI, GERDA M EUBANK LESLEY A F'ERRERO RICHARD J AND PEGGY L BUSH CHRISTINE L BENET KENNE IH E AND AIMEE C LYON GERTRUDE K YATES KARLA M AND ALBERT J REYFF LOWE MYRTLE R HOFMAN CARL J MOYADELPINO ANNE C PALADIN! MAUREEN ADSERO BETTY JEAN 7 REDWOOD DR YOUNIV^LLE 5 REDWOOD DR YOUNTV'ILLE 3 REDWOOD DR YOUNTV^ILLE t REDW'OOD DR YOUNTVILLE 2 JASMINE ST YOUNTVILLE 4 JASMINE ST YOUNTMLLE 5 JASMINE ST YOUNVILLE 8 JASMINEST YOUNTVILLE 10 JASMINE ST YOLTNTSTLLE 12 JASMINE ST YOUNVILLE 14 JASMINE ST YOUNTVILLE 13 FOXGLOVE I.N YOUNTVILLE 11 FOXGLOVE LN YOUNTVILLE 9 FOXGLOVE LN YOUNTV'ILLE 7 FOXGLOVE LN YOUNTVILLE 5 FOXGLOVE LN VOUNTVTLLE 3 FOXGLOVF: LN YOUNTVILLE 1 FOXGLOVE LN YOUNTVILLE 34 FORRESTER YOUNTVILLE 1931 MOUNT YOUNTY^TLLE 1929 MOUNT YOUNTVILLE 1927 MOUNT AVe YOUNTV^ILLE 1925 MOUNT AVE YOUNTVILLE 22 FORRESITR LN YOUNTVILLE 24 FORRESTER LN YOUNTVILLE 26 FORRHS'I ER LN YOUNJVILLE 28 FORRESTER LN YOUNTVILLE 30 TORRESTER LN YOUNTVILLE 32 FORRESTER UN YOUNTVILLE 35 FORRESTER LN YOUNTVILLE 33 FORRESTER LN YOUNTVILLE 31 FORRES’I HR LN YOUNTV'ILLE 27 FORRES TER LN YOUNTVILLE 25 FORRESTER LN YOUNTVILLE 23 FORRESTER LN YOUNTVILLE 21 FORRESTER LN YOUNTVILLE 19 FORRESTER LN YOUNTVTLLH 17 FORRES TER LN YOUNTVTLLE 15 FORREiS TBR LN YOUNTVILLE 13 FORRESTER I,N YOUNTVILLE 11 FORRESTER LN YOUNTVILLE 9 FORRESTER LN YOUNTVILLE 7 FORREST ER LN YOUNTVILLE 5 FORREST ER LN YOUNTVILLE 3 FORREST ER LN YOUNTVILLE 1 FORRES I'KR LN YOUNTVILLE 13 NO. OF E.S.D. ZONE 1 LOTS UNITS ASSESS. ZONE 2 ASSESS. TOWN OF YOUNTVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT SPREAD 1999-2000 FISCAL YEAR ZONE 3 ASSI3SS. TOTAL ASSESS. PROPERTY OWNER OWNER'S .ADDRESS TOTAL $15,592.32 $1,710.72 $1,789.44 $19,092.48 96.0 $15,592.32 $1,710.72 $1,789.44 $19,092.48 14 9 9 METHOD OF APPORTIONMENT OF ASSESSMENT The following is a brief description of the manner that the annual assessment has been apportioned to each parcel in the Assessment District: Zone 1 - Park Assessment The method of spread equates all parcels within the Assessment District to an equivalent single family dwelling unit use. The following basic use units reflect the relative benefit accruing to parcels of land within the Yountville Landscaping & Lighting Assessment District: PART D 1. Vacant parcel in developed area 2. Single dwelling parcel 3. Multiple dwelling unit parcels unit 1 unit 1 unit per dwelling Although the primary use within this new Assessment District is single family residential units, other typical uses have been included in the above list for clarification for any future annexations that may consist of different land uses. Once the determination is made of the total number of use units within Zone 1, this number shall be divided into the park landscaping and view corridor landscaping operation and maintenance budget for the 1999-00 fiscal year, resulting in a cost per unit. The cost per unit shall be multiplied by the total units established for each parcel to determine the annual assessment for each parcel within Zone 1. Assessments are apportioned in this manner for Zone 1 because of the proximity of the homes to the new park areas and view corridors and the benefit received from availability for the use of park facilities. Because the park areas and view corridors are easily accessible to all the parcels within the subdivision, the level of benefit is equally spread to each unit within Zone 1. Zone 2 - Lighting Assessment The lighting within the subdivision within Zone 2 is fairly equally spaced, thereby providing the benefits of safety for vehicular traffic and pedestrian travel at night and safety lighting of the neighborhood in general, Therefore, each parcel receives approximately equal benefit. Accordingly, the method by which each parcel is proposed to be assessed for costs associated with Zone 2 is a total estimated cost of maintenance and operation of street lighting and for appropriate administrative costs associated with this zone divided by the total number of equivalent single family dwelling units within Zone 2. -15- The parking shoulders benefit the subdivision by providing maintained parking areas fronting many of the lots. This parking is available to all lots and give approximate equal benefit to all lots lying within Zone 3. Accordingly, the method by which the assessment is spread to each of the parcels within Zone 3 is by taking the total estimated cost of the cleanup and maintenance of the shoulders and for the appropriate administrative costs associated with this zone divided by the total number of equivalent single family dwelling units within Zone 3. Although Section 22663 typically requires that public property not be assessed, Article XIII, Section 4(a) of Proposition 218 now requires that public agencies shall not be exempt from assessment. However, the park, view corridors and public rights-of-way and easements within the Washington Park Subdivision preclude construction of structures for other uses that conflict with the allowable zoning of these areas. Therefore, these publicly owned areas receive no special benefit and do not receive an assessment. Zone 3 - Parking Shoulder Assessment -16- o PART E PROPERTY OWNERS LIST On the following page are names and addresses of each of the property owners as shown on the County of Napa Assessor's Tax Assessment Role. The names and addresses have been keyed to the special assessment number (the assessor parcel number) as shown in Part C of this report. -17- PARTF ASSESSMENT DIAGRAM Attached, you will find Assessment Diagrams for each of the zones within the Assessment District. Please note that the lines and dimensions of each parcel, as well as the distinctive assessment number, are shown on the Assessor's Maps for the Town of Yountville available at the County of Napa Assessor's Office. \\Clfsl\projects\Yountville\05.426\426engrep.doc -18- m 17 ^ 'DISTRICT BOUNDARY SCALE; r = 500 ' & -u y r h LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT ASSESSMENT DIAGRAM OVERALL DISTRICT BOUNDARY PREPARED FOR THE TOWN OF YOUNTVILLE YOUIVTVILLE CALIFORNIA 1999-2000 Fiscal Year Coastland Civil Engineering, Inc. M o r tn p o in t P a r k w a y . S a n t a R o a o , CA S S A Q T 707.571.a00S 707.SZ7.a0S7 Fox r;\eM*P-ST0\TOUNTVlL\LITtLAND\99UJUHtCl.0wC