Agenda packet — Yountville City Council, March 21, 2023

Town of Yountville
6550 Yount Street
Yountville, CA 94599
Meeting Packet
Tuesday, March 21, 2023
3:00 PM
Town Hall Council Chambers
Town Council
Mayor Margie Mohler
Vice Mayor Eric Knight
Council Member Hillery Bolt Trippe
Council Member Robin McKeeCant
Council Member Pam Reeves
The Town of Yountville is committed to complying with the Americans with Disabilities Act (ADA) and other similar federal and state laws in all respects. If, as an attendee or participant in this meeting, or in meetings on a regular basis, you will need special assistance beyond what is provided, the Town will provide reasonable accommodations for you. Individuals who need auxiliary aids or services for effective communication or participation in programs and services of the Town of Yountville are invited to make their needs and preferences known by contacting the Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month at 3:00 Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

MEETING SCHEDULE AND HOW TO VIEW AGENDA
Meeting Schedule and Location: The Town Council meets on the first and third Tuesday of the month at 3:00 p.m. and only meets the first Tuesday during the months of August and December at 3:00 p.m. in Town Council Chambers, located at 6550 Yount Street, Yountville, California, 94599.

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

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

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

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the following means:

Via email – Members of the public may submit public comments via the Town’s public comment email address [email protected]. Please, include in the subject line “COMMENT TO COUNCIL”.

Via the online agenda listing – Members of the public can submit public comments via the “Speech Bubble” feature with all electronic agendas. To provide public comment through this feature, please visit www.townofyountville.com/meetings and click on the speech bubble icon found under the Options column for the desired meeting you want to leave a public comment. When leaving a public comment through this feature, please make sure to click “Next” after typing your comment. You will be prompted to enter your name and will need to click “Next” again for the comment to be fully submitted.

Any written testimony submitted will be provided to the Council Members electronically, may be read into the record and will become part of the meeting archive.

HOW TO APPEAL
A person who is dissatisfied with a decision of the Town Council may have the right to a review of the decision by a Court. California Code of Civil Procedure Section 1094.5 and 1094.6 generally limits the time within which a decision of the Town Council may be judicially challenged. If a person challenges a decision in Court, he or she may be limited to raising only those issues raised at the Public Meeting described in this notice, or in written correspondence delivered to the Town Council at, or before, the Public Meeting.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS
A. Recognizing Town Manager Steve Rogers

6. PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA
Members of the public are entitled to speak for 3minutes per speaker on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Comment” when that item is called by the Mayor.

However, the Mayor has the discretion to limit speaking time when it is reasonable under the circumstances, including when there are many items on the agenda or a high volume of members of the public who intend to speak. The Mayor also has the discretion to extend the time to speak. The Mayor shall limit or extend speaking time in a consistent manner that is not based on the content or viewpoint of the speech.

Town Clerk at (707) 9448851 at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

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

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

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

On local cable TV Channel 28.

PROVIDING PUBLIC COMMENT
Members of the public are welcome to attend the Town Council meetings to provide public comment in person or online via the following means:

Via email – Members of the public may submit public comments via the Town’s public comment email address [email protected]. Please, include in the subject line “COMMENT TO COUNCIL”.

Any written testimony submitted will be provided to the Council Members electronically, may be read into the record and will become part of the meeting archive.

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS
A. Recognizing Town Manager Steve Rogers

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF AGENDA

5. PROCLAMATIONS AND RECOGNITIONS
A. Recognizing Town Manager Steve Rogers

Members of the public may also submit Public Comment on matters not on the agenda via email at [email protected] or utilizing the Speech Bubble feature included with the electronic 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.

7. CONSENT CALENDAR
A. Second reading and Adoption of Ordinance Number 23518 an Ordinance of the Town Council of the Town of Yountville Amending Section 13.160.120 of Chaper 13.160 Division 8 of Title 13 of the Yountville Municipal Code to Update References to the California Public Records Act.

B. Adopt Resolution Number 234192 Opposing Initiative Number 210042A1 the Taxpayer Protection and Government Accountability Act.

C. Adopt Resolution Number 234193 Approving the Tree Removal Permit Application for the Yountville Community Church (6621 Yount Street; APN 036053002) to permit the removal of the approximately 33.5" DBH Valley Oak tree located on the north end of the property.

D. Adopt Resolution Number 234194 Authorizing the filing of a Notice of Completion and accepting the work for the Repair Roofs on Bus Shelters project (CF0026) performed by Antonio’s Roofing for a total contract amount of $44,900.

E. Continue the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
F. Monthly Financial Report for February 2023

8. PRESENTATIONS
A. Introduction of New Yountville Sun Staff

9. PUBLIC HEARINGS NONE

10. ADMINISTRATIVE / REGULAR ITEMS
A. Receive the presentation and direct questions to staff.Receive public comment.Conduct Council discussion and provide direction regarding final designs for ADA Accessibility Improvements for Public Lands located at Forrester Park and Three Weirs Park.

11. STAFF INFORMATIONAL REPORTS
A. Receive the presentation and direct questions to staff.Receive public comment.Conduct Council discussion and provide direction regarding final designs for ADA Accessibility Improvements for Public Lands located at Forrester Park and Three Weirs Park.

11. STAFF INFORMATIONAL REPORTS
A. Website Preview

12. COUNCIL MEETING REPORTS, ANNOUNCEMENTS AND AGENDA ITEM REQUESTS A. Napa County Flood Control & Water Conservation District B. Napa Valley Transportation Authority (NVTA)
C. Upper Valley Waste Management Agency
D. LAFCO of Napa County
E. Watershed Information & Conservation Council
F. Climate Action Committee
G. Cal Cities Update
H. Council Ad Hoc and Standing Committee Reports
I. Council Announcements and Agenda Item Requests
J. Potential Future Agenda Items: Sexual Assault Awareness Month and Arts Month proclamation, Master Fee Schedule, Community Center Shade Structure Project, Budget Development Update, OpenGov Budget Demonstration, Water Conservation Update, Financial Report, Investment Report, Chamber of Commerce presentation, Affordable & Workforce Housing Oversight Committee Annual presentation.

13. CLOSED SESSION
A. Public Employee Performance Evaluation (Gov Code, § 54957.) Title: Town Manager

14. ADJOURNMENT
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PROCLAMATION
Recognizing Town Manager Steve Rogers for a Lifetime of Achievement in Public Service
WHEREAS, Steve Rogers was hired as Yountville’s Town Manager in October 2007 and moved into Town shortly thereafter. Steve has become an integral part of the community both as a local resident and as the Town Manager; and
WHEREAS, Steve served as the longest tenured town manager in Yountville and Napa County. During Steve’s 37-year public service career, he also served General Manager/CEO for the North Tahoe Public Utility District, Assistant City Manager in San Bruno, Assistant to the City Administrator in the cities of Ann Arbor, MI, and Santa Paula, CA, and Administrative Services Director in Indio, CA; and WHEREAS, Steve has maintained strong professional affiliations with public sector organizations during his career and is an International City/County Management Association (ICMA) Credential Manager. Steve has represented the Town at the California Intergovernmental Risk Authority (CIRA) as Treasurer; the Regional Government Services Joint Powers Authority; and the League of California Cities, including as an appointee to policy committees and as an officer in the City Managers Department, including a term as Department President in 2020-21; and
WHEREAS, Steve has been an inspirational leader to Town staff and the community alike. In 2023, Steve received the League of California Cities’ “Wes McClure Award of Distinction” honoring his outstanding career of service, leadership, ethics, expertise, and innovation; and WHEREAS, Steve was instrumental in advancing the Town’s fiscal health with balanced budgets and the establishment of reserve funds as well as the creation of the Napa County’s Tourism Improvement District. He also has played critical roles in drafting impactful local ordinances, resolutions and other government actions that will create a legacy of his leadership throughout the Napa Valley and State of California; and WHEREAS, in his capacity as Town Manager, he has been a mentor to staff and inspired professional development and a culture of continuous learning. In turn, his leadership has fostered a dedicated and empowered team of employees who value high-level service delivery to the community and take pride in their work; and
WHEREAS, throughout Steve’s career, he has met adversity with fortitude and resilience. Steve helped lead the Town through natural disasters, the global COVID-19 pandemic, a devastating mass shooting and other local emergencies during his tenure as Town Manager; and
WHEREAS, Steve consistently goes above and beyond for the residents and businesses of Yountville, which led to him being named Yountville Chamber of Commerce “Citizen of the Year” in 2012; and WHEREAS, Steve demonstrates his personal dedication to Yountville and the Napa Valley through his volunteerism with the Yountville Chamber of Commerce, Yountville School Foundation, Yountville Kiwanis Club, and Leadership Napa Valley program; and
NOW, THEREFORE LET IT BE RESOLVED, that I, Margie Mohler, Mayor, on behalf of the Town Council, Town staff, and our community, express our sincere appreciation to Steve Rogers for a lifetime of achievement over the course of his outstanding public service career.

Margie Mohler, Mayor
Dated: March 21, 2023
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7A
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: Eddy Gomez, Town Clerk
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Second reading and Adoption of Ordinance Number 23-518 an Ordinance of the Town Council of the Town of Yountville Amending Section 13.160.120 of Chaper 13.160 Division 8 of Title 13 of the Yountville Municipal Code to Update References to the California Public Records Act.

DISCUSSION/BACKGROUND
At the March 7, 2023 meeting, the Town Council introduced and held a first reading of this Ordinance. This is the second reading and, if adopted, the Ordinance will take effect in 30 days. The Ordinance Amends Section

13.160.120 of Chaper 13.160 Division 8 of Title 13 of the Yountville Municipal Code to Update References to the California Public Records Act.

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

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. By updating the Yountville Municipal Code, the quality of life of Yountville residents and businesses will be maintained.

RECOMMENDATION
Second Reading and Adoption of Ordinance Number 23-518 an Ordinance of the Town Council of the Town of Yountville Amending Section 13.160.120 of Chaper 13.160 Division 8 of Title 13 of the Yountville Municipal Code to Update References to the California Public Records Act. 302122.v1
Town of Yountville
Ordinance Number 23-518

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING SECTION 13.160.120 OF CHAPTER 13.160 OF DIVISION 8 OF TITLE 13 OF THE

YOUNTVILLE MUNICIPAL CODE TO UPDATE REFERENCES TO THE CALIFORNIA

PUBLIC RECORDS ACT
Recitals
A. The California Public Records Act (CPRA) requires the Town to make its records available for public inspection, unless an exemption from disclosure applies.

B. On January 1, 2023, Assembly Bill No. 473 (Chapter 614, Statutes of 2021) took effect, recodifying the CPRA from Government Code section 6250, et seq., to 7921.000, et seq.

C. The Town of Yountville desires to update the Yountville Municipal Code to remove references to outdated sections of the CPRA in accordance with new state law.

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

SECTION 1. CODE AMENDMENT: Section 13.160.120 of Chapter 13.160 of Division 8 of Title 13 of the Yountville Municipal Code is hereby repealed and replaced to read as follows:

13.160.120 Inspections and investigations by Town or designee.

A. Town representatives and its designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the Town to enter the interior of a private residential property for inspection. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this chapter.

1. Any records obtained by the Town and/or its designee during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act.

Ordinance Number 23-518

2. Town representatives and its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

SECTION 2. CEQA: The Town Council has considered all of the evidence in the record, including the staff reports, the testimony received during the meeting on the matter held by the Town Council, and hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION 3. Severability: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

SECTION 4. Effective Date: This Ordinance shall take effect 30 days after final adoption.

SECTION 5. Certification: The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.

INTRODUCED by the Town Council at a regular meeting held on the 7th day of March 2023.

PASSED AND ADOPTED by the Town Council at a regular meeting held on the ___ day of ___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Margie Mohler, Mayor
Eddy Gomez, Town Clerk
Gary Bell, Town Attorney

13.160.120 Inspections and
investigations by Town or designee.

2. Town representatives and its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

3. The Town and/or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 21-503) Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7B
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: Steve Rogers, Town Manager
PREPARED BY: Eddy Gomez, Town Clerk
SUBJECT:

Adopt Resolution Number 23-4192 Opposing Initiative Number 21-0042A1 the Taxpayer Protection and Government Accountability Act.

DISCUSSION/BACKGROUND
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter-approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.

Several examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

If approved, the Town of Yountville must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge.

Based on the current number of fees and charges charged by local agencies throughout the state, including council-adopted increases to simply accommodate inflation. Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022.

Over ten years, $20 billion of local government fees and charge revenues will be at heightened legal peril.

Statewide, hundreds of local tax measures were approved in 2022 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

The proposed constitutional initiative is sponsored by the California Business Roundtable. (Full text of Ballot Initiative)
Mayor Provisions
Fees and Charges :
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
• Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Prohibits fees on new development based on vehicle miles traveled.

Taxes:
• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.
• Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) • New taxes can only be imposed for a specific time period. • All state taxes require majority voter approval.

Fines and Penalties :
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

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

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Opposing initiative number 21-0042A1 the Taxpayer Protection and Government Accountability Act gives Yountville voters authority and input to adopt new and stricter rules for raising taxes and fees.

RECOMMENDATION
Adopt Resolution Number 23-4192 Opposing Initiative Number 21-0042A1 the Taxpayer Protection and Government Accountability Act.

Town of Yountville
Resolution Number 23-4192
OPPOSING INITIATIVE NUMBER 21-0042A1 THE TAXPAYER PROTECTION AND

GOVERNMENT ACCOUNTABILITY ACT
Recitals
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and Now, therefore, the Town Council of the Town of Yountville does resolve as follows:

A. The Town of Yountville opposes initiative 21-0042A1.

B. The Town of Yountville joins the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

C. The Town Council directs staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 21st day of March 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety.  About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1  Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations.
 Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
 Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes.  A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023
– 2 – rev January 14, 2023
CaliforniaCityFinance.com
 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.

Citizen Initiative Special Taxes in 2022.

Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.

On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.

On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.

June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL – 3 – rev January 14, 2023
CaliforniaCityFinance.com
measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.

Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.

November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable housing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0% FAIL – 4 – rev January 14, 2023
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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals

2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS
– 5 – rev January 14, 2023
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Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts
? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts
n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2% PASS Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5% PASS Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS
– 6 – rev January 14, 2023
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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to

1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS – 7 – rev January 14, 2023
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Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.

There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).

1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual and reasonable test."  Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space / trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS – 8 – rev January 14, 2023
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2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
 Subjects a challenged fee to new, higher burdens of proof if legally challenged.

2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:

1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.

2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7C
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: Diane Levine, Assistant Planner
PREPARED BY: Diane Levine, Assistant Planner
SUBJECT:

Adopt Resolution Number 23-4193 Approving the Tree Removal Permit Application for the Yountville Community Church (6621 Yount Street; APN 036-053-002) to permit the removal of the approximately 33.5" DBH Valley Oak tree located on the north end of the property.

DISCUSSION/BACKGROUND
On March 7th, 2023, the Town Council held a regularly scheduled meeting where they received a Staff Report and presentation from Staff. As the decision-making authority, the Town Council was asked to make a determination on whether the Tree Removal permit application for the removal of one protected/heritage tree located on the north end of the lot at 6621 Yount Street, more commonly known as the Yountville Community Church, be approved or if another course of action was better suited to remediate the situation.

One member of the public and two members affiliated with the applicant participated in public comment, followed by the Town Council’s deliberation. The Town Council directed Staff to return with a resolution approving the Subject Tree’s removal subject to several conditions, pursuant to the Yountville Municipal Code (YMC)

17.128.060 (C), to ensure compliance with the purpose and intent of the YMC chapter that regulates tree preservation and management.

The Town Council recommended the following conditions of approval prior to removal of the Subject Tree and at the cost of the applicant a second arborist report, approved by the Planning Officer to inspect the health of both the Subject Tree and the second Valley Oak tree on the south side of the property to analyze whether and to what extent removal of the Subject Tree will impact the second Valley Oak tree. The arborist report shall include but is not limited to providing the following information:

1. A review of and response to the determination of the arborist report prepared by Bill Pramuk in September 2022;

2. Mitigation measures that may help to save other protected trees on the property.

3. A recommendation on the largest Native Oak or similar replacement tree that can be planted on-site while maintaining a high likelihood of success;

4. A recommendation on replacement tree(s) well-suited for the location of the Subject Tree to be removed; and

5. An evaluation of the health of the second Valley Oak, including whether and to what extent its health will be affected by the removal of the Subject Tree, and recommended care instructions to improve the health of the second Valley Oak over the course of the next five years.

The Town Council recommended as a condition of approval that the applicant shall acquire, at their own cost, a certified arborist to conduct the tree care recommendations made in the required arborist report pertaining to the Native Oak tree that is to remain. The applicant shall follow the care instructions, reporting on an annual basis to the Town of Yountville with proof of tree care performance and monitoring. The Planning & Building Department was directed to monitor the tree care performance throughout the five-year timeframe.

Additionally, the Town Council conditioned that any and all foreign items (e.g., lights, nails, wires, etc.) be removed from any protected tree as defined in YMC 17.128.040 to enable completion of the required conditioned arborist report.

All other typical conditions of approval for tree removals shall also be applicable.

As a result of the deliberations, the Town Council recommended that the responsible reviewing authority may approve the application and authorize the Tree Removal Permit application based on the following finding [YMC

17.128.060 (B)(3)]:

Alternative mitigation measures that reduce a structural defect but do not result in removal of the tree(s) are either impracticable or would not benefit the longevity of the subject tree(s).

Although the arborist report did not include possible mitigation measures, the arborist report does state the subject tree shows very poor to no potential for recovery. Because it is understood that mitigation measures would likely not revive the health of the tree based on its current condition, and not allowing the tree’s removal now would only lead to its needed approval in the future, the Town Council finds that the approval is warranted under this finding. However, the Town Council as the decision-making authority, under YMC 17.128.060 (C), chose to attach reasonable conditions to ensure compliance with the purpose and intent of Chapter 17.128.

As directed by the Town Council, Staff has drafted a Resolution to reflect the recommendations of the Town Council for their consideration.

ENVIRONMENTAL REVIEW
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 4, Minor Alterations to Land

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

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love.

Briefly Explain Relationship to Strategic Plan Goal and Objective. Oak trees are valued within the Town of Yountville's natural environment from both an ecological and aesthetic standpoint.

RECOMMENDATION
Adopt Resolution Number 23-4193 Approving the Tree Removal Permit Application for the Yountville Community Church (6621 Yount Street; APN 036-053-002) to permit the removal of the approximately 33.5" DBH Valley Oak tree located on the north end of the property.

Town of Yountville
Resolution Number 23-4193

APPROVING THE TREE REMOVAL PERMIT APPLICATION FOR THE YOUNTVILLE COMMUNITY CHURCH (6621 YOUNT STREET; APN 036-053-002) TO PERMIT THE REMOVAL OF THE APPROXIMATELY 33.5” DBH VALLEY OAK TREE LOCATED ON THE NORTH END OF THE PROPERTY.

Recitals
A. On September 12, 2022, the Town received a Tree Removal Permit application requesting the removal of a Valley Oak, a protected tree under Yountville Municipal Code (YMC) section

17.128.040, located at 6621 Yount Street (APN 036-053-002) (the “Subject Tree”).

B. In September of 2022, an arborist report was prepared by Bill Pramuk regarding the Subject Tree.

C. On March 3, 2023, the Yountville Town Council Agenda was posted giving notice that the Tree Removal Permit application would be considered at the next regular Town Council meeting on March 7, 2023.

D. On March 7, 2023, the Yountville Town Council received Staff’s presentation, opened the item for public comment, considered all evidence in the record, deliberated, and provided direction to Staff on the approval of the Tree Removal Permit subject to certain mitigation measures and conditions, as authorized by YMC Section 17.128.060 (C).

E. In accordance with YMC Section 17.128.060 (B) and (C), the Town Council, referred to therein as the “responsible reviewing authority,” may conditionally approve the application and authorize a tree removal permit if one or more of the findings therein can be made.

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

I. The Tree Removal Permit Application for the Yountville Community Church, located at 6621 Yount Street, permitting the removal of the approximately 33.5” DBH Valley Oak tree located on the north end of the property, is hereby approved, based on the following finding:
a. Alternative mitigation measures that reduce a structural defect but do not result in removal of the tree(s) are either impractical or would not benefit the longevity of the subject tree(s).

This is so because, although the arborist report did not include possible mitigation measures, the arborist report does state the Subject Tree shows very poor to no potential for recovery. It is understood that mitigation measures would likely not revive the health of the tree based on its current condition, and not allowing the tree’s removal now would only lead to its needed removal in the near future, the Council finds that the approval is warranted under this finding.

II. Pursuant to YMC Section 17.128.060 (C) and other applicable law, the Town Council’s approval of the Tree Removal Permit Application is subject to the following mitigation measures and conditions:

Resolution Number 23-4193
a. Removal of any and all foreign items affixed or inserted into any “protected tree” (as that term is defined in YMC Section 17.128.040) at 6621 Yount Street within fifteen (15) days of the adoption of this resolution (e.g., nails, lights, wires, etc.) to enable completion of the required arborist report.
b. Prior to the removal of the Subject Tree, the applicant shall submit to the Town of Yountville a deposit in the amount of $5,000 pursuant to the Town’s Master Fee Schedule adopted April 5, 2022. The deposit shall be provided to the Town within fifteen (15) days of the adoption of this resolution.
c. Prior to the removal of the Subject Tree and at the cost of the applicant, a second arborist report shall be conducted by a certified arborist, approved by the Planning Officer, to inspect the health of both the Subject Tree and the second Valley Oak tree on the south side of the property to analyze whether and to what extent removal of the Subject Tree will impact the second Valley Oak tree. The arborist report shall include but is not limited to providing the following information:
i. A review and response of the evaluation of the arborist report prepared by Bill Pramuk in September 2022;
ii. Mitigation measures that may help to save other protected trees on the property; iii. A recommendation on the largest Native Oak or similar replacement tree(s) that can be planted on-site while maintaining a high likelihood of success; iv. A recommendation on replacement tree(s) that is well-suited for the location of the Subject Tree; and
v. An evaluation of the health of the second Valley Oak, including whether and to what extent its health will be affected by removal of the Subject Tree, and recommended care instructions to improve the health of the second Valley Oak over the course of the next five years.
d. The applicant shall acquire, at its own cost, a certified arborist to conduct the tree care recommendations made in the required arborist report for the second Valley Oak. Thereafter, on an annual basis for a period of five years, the applicant shall show proof of tree care performance and monitoring of any replacement tree(s) and the effect(s) of removal on the remaining protected tree pursuant to YMC Section 17.128.070 (E). e. The applicant shall work with the Planning Officer in a timely manner to coordinate permission for the arborist inspection(s) to take place.
f. Both the tree removal contractor and the landscape contractor must abide by YMC Chapter

8.04, which states that no person engaged in gardening or landscape maintenance as a contracted service shall operate any tools or equipment which cause intrusive noise except between 9:00 am and 6:00 pm, Monday through Friday, or Saturday between 9:00 am and 12:00 pm on the condition that a property owner is present. Neighbors shall also be notified prior to any work being done, out of courtesy.
g. Any “code violation,” including but not limited to a violation of any provision of the Yountville Municipal Code, any codes adopted by reference therein, or any violation of any condition Resolution Number 23-4193
imposed upon issuing any permit, including the Tree Removal Permit Application approved by this Resolution, may be subject to administrative enforcement under YMC Chapter 8.05, including fines, penalties, and/or abatement, in addition to any other enforcement remedy available at law or in equity.

III. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), 15305 (Minor Alterations in Land Use Limitations), 15307 (Actions By Regulatory Agencies for Protection of Natural Resources), and 15321 (Enforcement Actions by Regulatory Agencies).

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 21st day of March 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7D
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Adopt Resolution Number 23-4194 Authorizing the filing of a Notice of Completion and accepting the work for the Repair Roofs on Bus Shelters project (CF-0026) performed by Antonio’s Roofing for a total contract amount of $44,900.

DISCUSSION/BACKGROUND
The bus shelter roofs were composed of wooden shingles that were deteriorating and damaged due to age and weather. The bus shelter roof replacement project removed the wooden shingles and gutters and installed metal roof panels and new gutters and is predicted to extend the useful life of the system by 30 to 40 years.

Staff contracted with Antonio’s Roofing for the repair and replacement of the bus shelter roofs on October 24, 2022 in the amount of $44,900. The Town Council is advised that the work is complete and ready for acceptance. By this resolution, the Town Council authorizes the Director of Public Works to execute a Notice of Completion.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? Capital Projects CF -0026
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

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

Briefly Explain Relationship to Strategic Plan Goal and Objective. Maintaining the public infrastructure system of the Town enhances the livability of Yountville.

RECOMMENDATION
Adopt Resolution Number 23-4194 Authorizing the filing of a Notice of Completion and accepting the work for the Repair Roofs on Bus Shelters project (CF-0026) performed by Antonio’s Roofing for a total contract amount of $44,900.

Town of Yountville
Resolution Number 23-4194

AUTHORIZING THE FILING OF A NOTICE OF COMPLETION AND ACCEPTING THE WORK FOR THE REPAIR ROOFS ON BUS SHELTER PROJECT (CF-0026) PERFORMED BY ANTONIO’S ROOFING FOR A TOTAL CONTRACT AMOUNT OF $44,900.

Recitals
A. On October 24, 2022, the Town contracted with Antonio’s Roofing in the amount of $44, 900.

B. The project replaced the deteriorating wooden roofs on the bus shelters with metal roofs and is predicted to extend the useful life of the system by 30 to 40 years.

C. Construction of the project commenced in January 2023 and is now complete with a total project cost of $44,900.

D. All of the work has been completed to the satisfaction of the Public Works Department. By this resolution, the Town Council authorizes the Director of Public Works to execute the Notice of Completion and accepts the work for the Repair Roofs on Bus Shelter project (CF-0026).

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

1. The Council hereby accepts the work performed by Antonio’s Roofing.

2. The Town Clerk is hereby directed to accept the work for Repair Roofs on Bus Shelter project (CF-0026).

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

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 21st day of March 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez; Town Clerk
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7E
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: John Ferons, Public Works Director
SUBJECT:

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

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

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

At present the recycled water line has been valved off so, regardless of pump status, no water will enter the pipe with the leak. We will continue to deliver water to our customers on the west side of the river while communicating status to those on the east side of the river.

Update:

Public Works and Utility Staff are in actively working on the following:

1. Continued close conversation with our permit regulators.

2. Developing a temporary solutions to deliver the recycled water while permanent fix is designed.

3. Executing a contract with the Civil Engineer & Geotechnical Engineer to design permanent fix.

4. Negotiating a contract with an Environmental Consulting Firm to acquire environmental permits

5. Meeting with an underground contractor to evaluate directional boring alternatives.

Based on the continued weather and the runoff in the Napa River staff is estimating +/- two months to develop plans after the regular rains cease before the Town gets into the discharge/dilution prohibitions.

ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities

FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? Yes
Where is it Budgeted?
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? Nominal

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

Briefly Explain Relationship to Strategic Plan Goal and Objective.

RECOMMENDATION
Perpetuate the Emergency Declaration for the Town of Yountville Recycled Water Transmission Main Repair pursuant to Yountville Municipal Code 3.32.390
Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 7F
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: Celia King, Finance Director
PREPARED BY: Kyle Batista, Financial Analyst
SUBJECT:

Monthly Financial Report for February 2023

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

See below for the February 2023 financial report.

February 2023 = 66.7% of the Fiscal Year
This February 2023 monthly financial report reflects Transient Occupancy Tax (TOT) collections through the January 2023 reporting period. TOT revenues are currently ahead of the percent of budget projection, which is softening the impacts of smaller TOT revenue collections the Town has been seeing during the slower part of this year’s tourism season. TOT revenues typically begin to pick up in the spring months.

In February, the Town received a Property Tax apportionment from Napa County. The sales tax receipts reflected in this report are applicable to July – December collections. Considering the timing between sales tax collections and when the Town receives the payment, this revenue source is tracking with budget projections.

Other Taxes revenue, which mainly include Franchise Taxes, appears to be low at this point but will increase when the Town receives Franchise Fees payments from PG&E. This usually occurs closer to the end of the fiscal year.

Conversely, revenues such as Investment Earnings, Intergovernmental, and Fines & Forfeitures have already surpassed budget expectations.

General Fund department expenditures that appear to be higher than the percent of budget to date are either because of large payments that are due at the beginning of the fiscal year, such as the Public Works Government Buildings department paying for the annual liability and property insurance at the beginning of the fiscal year, or departments with programs that have higher activity towards the beginning of the year, such as the Parks & Recreation Camp Programs department paying for expenses related to Summer Camp.

A few Capital Projects are underway and/or nearing completion. Some project payments are not made until the project is complete and a Notice of Completion is approved by the Town Council.

Water Operating expenses seem to be underbudget due to the fact that Water Purchases is an estimated amount throughout the fiscal year. As the Town purchases water from CalVet (Veterans Home) the actual cost of purchasing water is not confirmed until the annual true up is completed at the close of the fiscal year.

Wastewater transfers from Operating into the Capital Funds will occur in the last quarter of the fiscal year.

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

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

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

RECOMMENDATION
Receive and File

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
February 28, 2023
General Fund Revenues
The following is a summary of General Fund revenue by major category as of February 28, 2023.

February is 66.7% of the Fiscal Year:

Revenues: Budget* Actual Variance % of Budget Note
Property Taxes 2,142,000 1,452,731 (689,269) 67.8% Note 2 Sales Taxes 1,640,000 832,719 (807,281) 50.8% Note 1
Other Taxes 158,000 58,358 (99,642) 36.9%
Transient Occupancy Tax 7,500,000 5,345,754 (2,154,246) 71.3% Note 3 Investment Earnings 20,000 39,531 19,531 197.7%
Licenses & Permits 185,250 134,262 (50,988) 72.5%
Fines & Forfeitures 8,000 54,547 46,547 681.8%
Rents & Concessions 337,000 257,814 (79,186) 76.5%
Intergovernmental 150,000 220,243 70,243 146.8%
Parks & Recreation Fees 202,500 166,629 (35,871) 82.3%
Charges for Services 181,000 124,468 (56,532) 68.8%
Miscellaneous 112,100 69,148 (42,952) 61.7%
Total 12,635,850 8,756,204 (3,879,646) 69.3%
Transfers: Budget Actual Variance % of Budget Note
Tourist Imp. Dist. (Fund 22) 12,500 8,838 (3,662) 70.7% Total 12,500 8,838 (3,662) 70.7%
Note 1: Sales tax receipts lag 2½ - 3months behind the actual collection period.

Note 2: Property taxes are generally not received until December, after the first installment has been collected by Napa County.

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

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
February 28, 2023
General Fund Expenditures
The following is a summary of General Fund Expenditures by major category as of February 28, 2023:

February is 66.7% of the Fiscal Year:

Expenditures Budget* Actual Variance % of Budget
Town Council/Mayor 1001 146,055 85,165 (60,890) 58.3%
Non-Departmental 1010 229,200 101,159 (128,041) 44.1%
Town Manager 1101 580,534 380,711 (199,823) 65.6%
Information Technology 1011 - - - 0.0% Note 1
Community Promotion 1015 411,143 335,109 (76,034) 81.5% Finance 1102 772,198 399,265 (372,933) 51.7%
Risk Management 1103 78,350 18,081 (60,269) 23.1%
Town Attorney 1105 204,710 113,491 (91,219) 55.4%
Town Clerk 1110 609,543 270,865 (338,678) 44.4%
Planning & Building 2115 1,174,875 671,966 (502,909) 57.2% Law Enforcement Services 3200 1,232,873 821,582 (411,291) 66.6% Fire & Emergency Services 3201 759,022 - (759,022) 0.0% Note 2 PW Admin. & Engineering 4301 845,614 485,142 (360,472) 57.4% PW Street Maintenance 4305 432,595 257,228 (175,367) 59.5% PW Park Maintenance 4320 678,472 411,860 (266,612) 60.7% PW Government Bldgs. 4325 568,251 411,017 (157,233) 72.3% Parks & Rec Admin & Services 5405 549,831 361,624 (188,207) 65.8% Parks & Rec Camp Programs 5406 200,052 139,312 (60,739) 69.6% Community Center 5408 328,521 190,905 (137,616) 58.1%
Parks & Rec Leisure Prog. 5410 337,636 205,127 (132,509) 60.8% Parks & Rec Sports Prog. 5412 68,871 46,632 (22,240) 67.7% Parks & Rec Community Events 5413 199,408 128,867 (70,541) 64.6% Yountville Arts 5415 103,971 26,328 (77,643) 25.3%
Total Expenditures 10,511,723 5,861,436 (4,650,287) 55.8% Transfers Out:

OPEB-Employee Retiree Ben. 7902 100,000 100,000 - 100.0% PERS UAL 7903 750,000 750,000 - 100.0%
Emergency Reserve Fund 7904 400,000 400,000 - 100.0%
Revenue Stabilization Fund 7905 500,000 500,000 - 100.0% Util Ent Project Comm Fund 7906 1,650,000 1,650,000 - 100.0% Capital Projects Fund 7950 1,050,000 1,050,000 - 100.0% Water Capital Fund 7960 888,668 888,668 - 100.0%
Facility Replacement Fund 7981 350,000 350,000 - 100.0% Fleet/Equip Replacement Fund 7982 200,000 200,000 - 100.0% Housing Opportunity Fund 7970 71,600 - 71,600 0.0%
T.O.Y. Community Foundation 7985 - - - 0.0% Note 3
Water Subsidy 7961 4,000 - 4,000 0.0%
Wastewater Subsidy 7962 4,000 - 4,000 0.0%
2017 Lease Rev. Debt Service 7954 550,000 550,000 - 100.0% 2020 Lease Fin. Debt Service 7955 573,000 573,000 - 100.0% Total Transfers Out: 7,091,268 7,011,668 79,600 98.9%
Note 1: Allocations of information technology are made to each department so no expenses are shown for program.

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

Note 3: Transfer to TOYCF represents excess revenue collected from art sales. * Budget includes amounts for prior year purchase order rollover and reflects all Fiscal Year 2022/2023 budget adjustments

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
February 28, 2023

CAPITAL PROJECTS
Expenditures Budget * Actual Variance % of Budget
Resurface Community Center Gym Flooring CF-0013 50,000 39,290 (10,710) 78.6% Replace Roofs on Bus Shelter CF-0026 100,000 154 (99,846) 0.2% Community Hall Auto Switch CF-0028 148,330 148,330 - 100.0% Paint Town Hall Interior CF-0029 25,000 - (25,000) 0.0% Replace Epic Lawn with Artificial Turf CF-0030 100,000 - (100,000) 0.0% GIS Mapping Improvements CP-0007 58,000 11,747 (46,253) 20.3% ADA Accessibility Improvements: Forrester Park/Three -
Weirs Park CP-0018 137,120 8,230 (128,889) 6.0%
Installation of EV Charging Stations CP-0021 34,000 - (34,000) 0.0% Community Center Tile and Drain Replacement CP-0022 50,000 50,000 - 100.0% Community Center Restrooms CP-0023 15,000 - (15,000) 0.0% Community Hall / Center Painting CP-0025 55,000 59,970 4,970 109.0% EV Charging Stations and Fleet CP-0028 200,000 - (200,000) 0.0% ADA Accessibility Improvements Program CP-2023 116,000 62,800 (53,200) 54.1% Hydroflush Weirs from Finnell to Beard Ditch DF-0018 25,000 - (25,000) 0.0% Town Wide Drainage and Erosion Program DF-2023 19,500 5,248 (14,252) 26.9% Paving Projects - Plan, Specs, and Engineering GT-3023 98,828 - (98,828) 0.0% Annual Street Maintenance & Paving Program MT-3023 534,460 332,755 (201,705) 62.3% New Vineyard Park Path Construction PK-0025 50,000 - (50,000) 0.0% Replace 2003 Chevrolet 2500HD PK-0028 60,000 - (60,000) 0.0% Replace 2013 Chevrolet 2500HD PK-0029 60,000 - (60,000) 0.0% Curb, Gutter, and Sidewalk Replacement SB-6023 66,000 - (66,000) 0.0% Surveys and Monuments ST-0004 24,698 3,266 (21,432) 13.2% Traffic Calming Program ST-4023 17,500 475 (17,025) 2.7% Total 2,044,436 722,266 (1,322,170) 35.3%
Expenditures- Water & Wastewater Budget * Actual Variance % of Budget Upgrade SCADA System Emergency Well to Operational WellWA-0018 140,000 12,975 (127,025) 9.3% Hydrant Repair and Replacement WA-0021 15,000 1,261 (13,739) 8.4% Clay Valve Rebuild at Finnell Rd & Yount / Finnell Rd & Yville XRd WA-0022 8,000 8,000 - 100.0%
Water Meter Replacement Program WA-2023 30,500 951 (29,549) 3.1% Joint Treatment Plant Office Modernization Project WW-0011 859,445 45,591 (813,854) 5.3% SCADA Controls WW-0012 52,387 1,224 (51,163) 2.3%
Clean and Inspect Primary and Secondary Digester WW-0020 35,000 - (35,000) 0.0% Safety Net and Safety Hinged Doors at Hand Well Access WW-0032 20,000 - (20,000) 0.0% Pump Station Assessment and Capacity Evaluation WW-0033 40,000 - (40,000) 0.0% WWTP Basin Assessment, Maintenance, and Repair WW-0034 300,000 - (300,000) 0.0% Inflow and Infiltration Reduction Program (A-Line) WW-2023 427,172 329,576 (97,596) 77.2% Sewer Main Replacement and Repair Program WW-3023 88,500 - (88,500) 0.0% Plant Equipment Replacement Program WW-4022 - - - 0.0%
Plant Equipment Replacement Program WW-4023 81,500 21,871 (59,629) 26.8% Town Pump Station Equipment Replacement Program WW-5023 13,500 9,615 (3,885) 71.2% Total 2,111,004 431,065 (1,679,940) 20.4%
* Budget includes amountsfor prior year purchase order rollover and reflects all Fiscal Year 2022/2023 budget adjustments.

TOWN OF YOUNTVILLE

MONTHLY FINANCIAL REPORT
February 28, 2023
WATER CAPITAL IMPROVEMENT FUND (60) Budget Actual Variance % of Budget Revenues - System Replacement Fees 130,800 89,453 (41,347) 68.4% Interest Income 2,000 3,096 1,096 154.8%
Transfers from General Fund (01) 888,668 888,668 - 100.0% Total Revenues 1,021,468 981,217 (40,251) 96.1%
Capital Improvement (60-4500) 275,449 94,050 (181,399) 34.1% Total Expenses 275,449 94,050 (181,399) 34.1%
Net Operating Income/(Loss) 746,019 887,167 141,148
WATER OPERATING ENTERPRISE FUND (61) Budget Actual Variance % of Budget Revenues - Utilities 1,650,450 1,066,117 (584,333) 64.6% Interest Income 200 2,119 1,919 1059.4%
Transfer-Water Subsidy (01) 4,000 - (4,000) 0.0%
Total Revenues 1,654,650 1,068,235 (586,415) 64.6%
O & M Expenses (61-4505) 752,035 431,309 (320,726) 57.4% Water Purchases (61-4507) 1,163,495 514,334 (649,161) 44.2% Total Expenses 1,915,530 945,643 (969,887) 49.4%
Net Operating Income/(Loss) (260,880) 122,593 383,473
WASTEWATER OPERATING ENTERPRISE FUND (62) Budget Actual Variance % of Budget Revenues - Utilities 2,758,000 1,615,360 (1,142,640) 58.6% Interest Income 3,500 5,119 1,619 146.3%
Transfer-Wastewater Subsidy (01) 4,000 - (4,000) 0.0%
Total Revenues 2,765,500 1,620,479 (1,145,021) 58.6%
- WW Collection (62-4510) 476,515 258,047 (218,468) 54.2% WW Treatment (62-4515) 1,478,305 894,862 (583,442) 60.5% Transfer to Capital (63/64) 800,000 - (800,000) 0.0%
Total Expenses 2,754,820 1,152,909 (1,601,911) 41.9%
Net Operating Income/(Loss) 10,680 467,570 456,890
JOINT TREATMENT CAPITAL FUND (63) Budget Actual Variance % of Budget Revenues System Replacement Fees 216,000 151,417 (64,583) 70.1% Revenues Capital Recovery Vets 767,250 50,000 (717,250) 6.5% Interest Income 7,500 27,121 19,621 361.6%
Transfer from Wastewater Operating (62) 200,000 - (200,000) 0.0% Total Revenues 1,190,750 228,538 (962,212) 19.2%
WW Joint Treatment Plant (63-4518) 1,757,993 389,015 (1,368,979) 22.1% Total Expenses 1,757,993 389,015 (1,368,979) 22.1%
Net Operating Income/(Loss) (567,243) (160,476) 406,767 WASTEWATER UTILITY CAPITAL FUND (64) Budget Actual Variance % of Budget Transfer fr WWtr Operating (62)/JT Cap Fund (63) 600,000 - (600,000) 0.0% Interest Income 2,000 4,480 2,480 224.0%
Total Revenues 602,000 4,480 (597,520) 0.7%
- WW Capital Improvement (64-4519) 661,172 387,843 (273,329) 58.7% Transfer to Debt Service (55) 29,991 29,990 (1) 100.0%
Total Expenses 691,163 417,834 (273,329) 60.5%
Net Operating Income/(Loss) (89,163) (413,354) (324,191) March 20, 2023
To Mayor Mohler and Council Members,
During the presentation this afternoon I am confident you will come to realize how extremely fortunate Yountville is to have such highly experienced, talented, dedicated and sincere local owners and managers to take over the Yountville Sun.

You can expect solid improvements in local news coverage and quality and some needed innovations.

I have known Editor Kim Beltran for many years. She is one of those bright, matter of fact journalists with a keen nose for news and the discipline and dedication to put it all together every week, in an eyecatching format and on time. Please take time to get to know her.

And it is vitally important for the Town of Yountville, the business community and residents to support the work of Highway 29 Media with advertising, readership, opinions and donations to this new public benefit corporation. Continued local ownership is key, and everyone has parts to play in fostering its success.

Sincerely,
Sharon Stensaas
Yountville

Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: March 21, 2023
TO: Mayor and Town Council
FROM: John Ferons, Public Works Director
PREPARED BY: Rosalba Ramirez, Deputy Public Works Director SUBJECT:

Capital Project CP-0018; Discussion and Direction Regarding Final Designs for ADA Accessibility Improvements for Public Lands located at Forrester Park and Three Weirs Park.

DISCUSSION/BACKGROUND
The Town of Yountville conducted an Americans with Disabilities Act Self Evaluation and Transition Plan (SETP) in 2014/15 as required by Federal law. This comprehensive audit (and the results) included the Town infrastructure, public facilities, parking areas, sidewalks, pathways, and parks. The SETP was presented to Town Council and was approved in 2015. Prior to the SETP effort, in 2012 an unfortunate fall and injury of a resident in the Washington Park neighborhood resulted in an investigation that put the Town on constructive notice that the neighborhood provided inadequate access per the Americans with Disabilities Act (ADA). Then in 2015 the Town Council Approved SETP confirmed that the parking strips and walkways in the Washington Park neighborhood do not meet the ADA standards. In an effort to correct the deficiencies, a project to install ADA ramps and sidewalks in the neighborhood was initiated but later terminated after discussion with the homeowners in the area communicated a preference for the original non-ADA compliant design.

To provide ADA access to Town publicly owned lands within the neighborhood, the ADA Self-Evaluation Transition Plan identified the need to design and install ADA compliant access at Forrester Park, and Three Weirs Park, along with a sidewalk improvement on the south side of Forrester Lane from Vista Drive to the public path system at the east end of Forrester Lane. The majority of the communications from those in the neighborhood who participated in the process were supportive of this requirement at that time. The communication between the Town and the residents made it clear that this project would not install new sidewalks in the entire neighborhood but would include accessibility at the Town owned properties at future date as prescribed by the SETP.

Current Project
Focusing on Forrester Park and Three Weirs Park, the features that exist that require the Town to address the ADA accessibility requirements are:
• Public parking at each location
• Play Structure and Picnic Facilities at Forrester Park • Path access to bridge at Three Weirs Park to Hopper Creek Path • Each location is publicly owned land and as such requires equal access to persons of all abilities. • How the publicly owned land is identified, be it a park, open space or green space is immaterial. • Public land requires equal access to all and failure to do so would be considered discrimination against those with disabilities who cannot access those facilities due to the public facility’s physical configuration.

Additionally at the Three Weirs location the existing ADA Ramp at the street and the path from the street to the bridge are not constructed to be compliant with ADA design standards and therefore need to be reconstructed to meet ADA requirements.

ADA Specifics
As required by the Title II of the Americans with Disabilities Act (“ADA”):
• Facilities constructed or altered by, on behalf of, or for the use of a public entity after March 15, 2012 must comply with the 2010 ADA standards. (Cal. Code of Regs., tit. 28, § 35.151, subd. (a), (c)(3)) • The 2010 ADA Guidelines require 1 accessible parking spot for parking facilities with 1-25 total parking spaces; 2 accessible parking spots for facilities with 26-50 total parking spaces; 3 accessible parking spots for facilities with 51-73 total parking spaces; etc. (2010 ADA Standards for Accessible Design, tit.

2., ch. 2, § 208)
• Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance. Where buildings have multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and located closest to the accessible entrances. • 2010 ADA standards require "[a]t least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve." Project Specific Information
As identified in the adopted ADA Self Evaluation and Transition Plan, the scope of work for this project includes one accessible parking stall at Forrester Park and one at Three Weirs Park along with improvements made to the existing pedestrian ramp leading to the pedestrian bridge. This scope of work is NOT a project to construct sidewalk along the streets in the Washington Park neighborhood. The project presented would only construct improvements on town owned property and will not encroach or front any private property.

The funding for this project will be via the TDA-3 grant program. The funds are to be used for design and construction of the identified improvements at the two Washington Park Locations. Approximately $39,794 have already been spent for the preliminary design and project renderings used for the community meetings. This leaves approximately $120,206 for the construction of the facilities. Each site is estimated to cost in the range of $60,000, with variations as the final design is determined. The deadline for these funds, including construction, is August 2024.

Public Outreach and Community Engagement
To advance this project within the Washington Park neighborhood, Town staff has conducted multiple stakeholder meetings to present the project to the neighborhood residents specifically and also those are interested in the project. The meetings presented information regarding the prior 2015 SETP effort and specifics as to what this project will include at each location. The dates of those meetings were as follows:
• Community Meeting 1 (Zoom): July 26, 2022
• Community Meeting 2 (Zoom): October 20, 2022
• Community Field Meeting 3: November 16, 2022
• PRAC Meeting (Town Hall Council Chambers): November 17, 2022 The Town received suggestions on methods for community outreach during these meetings. Based on those suggestions the Town placed project posters with project information and renderings at each park, which are updated prior to each community meeting.

The Town also revised the design of parking stalls based on the community feedback at these meetings including:
• Revisions were made to include 90-degree pull in parking at both parks with a meandering walkway through Three Weirs Park.
• Additional revisions were made based on subsequent meetings to include revised parallel parking at Three Weirs
• Now a new option had been prepared proposing to remove the public parking at Three Weirs Park removing the need to construct an ADA accessible parking stall at this location. • The most frequent input received from a group of residents in attendance at the community meetings was to cease the project and not move forward with any effort in Washington Park.

Why this project, Why Now
A common question at the community meetings is why is the Town pursuing this project at this time. The answer being federal law required the Town to perform and adopt an ADA Self-Evaluation Plan which identifies any deficiencies in public property, identifies specific remedies for each and applies a timeline for correction. Absent that, the Town would be out of compliance with federal law which make the town ineligible for federal funding, while not doing this project at this time would jeopardize this grant and future grant opportunities. Information applied to this project at this time is as follows:
• ADA Compliance Always Required on Public Land
o Clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.
o Assures equality of opportunity, full participation, independent living, and economic self-sufficiency for all people.
• Town Policy
o Town ADA Self Evaluation and Transition Plan adopted by Council in 2015. o These two locations specifically identified to be constructed in year 1 – 4 of plan. o The Town sought and received TDA Grant Funding specific to this project, the funds of which have a deadline.
• Funding Eligibility
o Compliance with ADA and adoption of Self Evaluation and Transition Plan required by ADA for Local Agency Funding
▪ Example: Without ADA compliance and SETP, Town would not be eligible to apply for USDA Low Interest Loan for Wastewater Treatment Plant project funding.
▪ Example: Without ADA compliance and SETP, Town would not be eligible to apply for FEMA Disaster Relief Funding for the failed Recycled Water Line. ▪ Example: If the Town cancelled the project, it would be required to remit the grants, reducing the Town’s rating decreasing future grant funding opportunities.

Current Status
Forrester Park: The 90-degree pull in ADA parking stall at Forrester Park uses the existing landscape area and will impact one existing parallel parking stall. The design at this location seems to be agreed upon and accepted by the participants.

Three Weirs Park: The 90-degree pull in ADA parking stall and meandering path seems to be the least popular by the participants and may be removed from consideration. The remaining choices for Three Weirs are:
• Keep the public parking and construct a parallel ADA parking stall and reconstruct the ramp from the new ADA stall to the bridge. This option remains the most unpopular with all of the participants. • The newest design alternative would be to deconstruct the public parking and not construct an ADA parking stall.
• Regardless of the design decision for the accessible parking, the existing pedestrian ramp that leads to the pedestrian bridge will have to be reconstructed to meet those standards.

Given the Federal requirement that the Town provide equal access to all, the ADA Self Evaluation and Transition Plan policy set forth by Town Council and the goal to construct a project acceptable to the Washington Park neighborhood, Town staff is requesting direction from the Town Council on how best to proceed with the design of this project and the preferred design options for each location.

ENVIRONMENTAL REVIEW
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 4, Minor Alterations to Land

FISCAL IMPACT
Is there a Fiscal Impact? Yes
Is it Currently Budgeted? Yes
Where is it Budgeted? CP-0018
Is it Mandatory or Discretionary? Mandatory
Is there a Staff Resource Impact? Nominal

STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks and trails, and quality programs and events. Engaged Residents: The Town embraces our residents’ commitment to community as seen through volunteerism, civic engagement, and public participation that enhances the Quality of Life in Yountville.

Briefly Explain Relationship to Strategic Plan Goal and Objective. The Town is committed to providing quality of life in Yountville parks to all of its residents, regardless of ability. The effort to do so included the residents through civic engagement which ultimately has helped to guide the shape of this project.

RECOMMENDATION
Receive the presentation and direct questions to staff.

Receive public comment.

Conduct Council discussion and provide direction regarding final designs for ADA Accessibility Improvements for Public Lands located at Forrester Park and Three Weirs Park.

ADA Accessibility Parking
Forrester Park and Three Weirs Park
Town
Council
Meeting
March 21,
2023
Admin
Item

10.A
• Project Summary Overview
• What the project is, including renderings of design
alternatives.
• Project need. Why the project is necessary.
• Timeline of community outreach and involvement.
• Discussion of Alternatives and impacts of each
alternative. Revisit renderings of design alternatives.

APPROACH
CIP Project: • CP-0018
• FY 17-18 to FY 22-23
Grants:
• Transportation Development Act (TDA)
Funds in FY 21-22 -$160,000 Grant Funds
• Design
• $39,794 used
• Construction: TBD (estimated at $120,000)
Remaining
Work
• Town Council >>Complete
Design>>Construction
Scope
• Provide accessibility to public land with
public parking. (accessible parking/ access)
• Three Weirs Park
• Forrester Park
• This is NOT a project to construct sidewalks
along the streets in the neighborhood..

PROJECT SUMMARY

DESIGN STANDARDS
Bennett Engineering Services
• Accessible ramps and crosswalk to trail must remain.
• Streetlight must remain.
• The area within the landscape is the optimal location. • No parking allowed in front of ADA ramp.
• Public parking is currently provided.

Existing Conditions Existing
Streetlight
Existing
Crosswalk
and Ramps Raised shoulder
is for parking
not pedestrians.

FORRESTER PARK
Design Option 1 Presented: • Using existing landscape area for stall. • Concrete sidewalk and curb in
rendering, may change in design. • Connects to existing ADA ramps • Approx the size of 1 parking stall. • Cannot move further south due to streetlight and crosswalk.

Design Option 2 Presented: • Using existing landscape area for stall. • Concrete sidewalk and curb in rendering, may change in design. • Connects to existing ADA ramps • Will begin at edge of parking shoulder. • Approx width of 1 parking stall. • Cannot move further south due to streetlight and crosswalk.

FORRESTER PARK
Design Option 2 Revised(Preferred):
• Using existing landscape area for stall.
• Connects to existing ADA ramps
• Will begin at edge of parking shoulder.
• Cannot move further south due to
streetlight and crosswalk.

FORRESTER PARK
Design Option 2
Design Option 1

FORRESTER PARK
• No accessible paths to pedestrian trail. Raised
shoulder is for parking.
• Not an accessible ramp or curb cut. Existing
ramp connecting to the bridge is too steep
with portions at 9% grade.
• Public parking is currently provided.

Existing Conditions Existing Pedestrian
Bridge leading to trail

THREE WEIRS PARK
Design Option 1 Presented:
• Retaining wall, rails and stairs
required due to steep grades.
• Concrete sidewalk shown is
only for the rendering.
• Approximately 1 tree to be
removed.

Design Option 2 Presented:
• Existing raised shoulder is
not pedestrian walkway.
• Multiple trees may need to
be removed.
• Existing utilities and
infrastructure to be removed.

THREE WEIRS PARK
Design Option 3 New: • 1 parking stall • Retaining wall & handrails required for ramp to bridge. • No stairs
• Dark concrete for parking stall • One tree to be removed.

Design Option 4 New: • No Parking Stall • Remove Public Parking • Retaining wall & handrail required for ramp to bridge. • One tree to be removed. • Remove asphalt shoulder, replace with landscape materials. • Paint curb red

THREE WEIRS PARK
Design Option 2
Larger footprint to
meander through park
Design Option 1
The NEW hard surfaces
(concrete or asphalt) are
approximately 500 square feet.

The total park green area
before this project is
approximately 6,500 SF.

THREE WEIRS PARK
• Locations discussed with community
• Community meetings conducted
• October 3, 2013
• June 22, 2015
• Community outreach and letter
• Adopted by Town Council in August 2015. • Three Weirs and Forrester Scheduled in Years 1 thru 4 • We are now in Year 7 ADA Self Evaluation and Transition Plan | Yountville, CA (townofyountville.com)
2015 ADA Evaluation

PROJECT HISTORY
Existing Parks/Trails and Accessible Parking
Heather Street Yountville Park
Oak Circle
Vineyard Park
Veterans Park

ACCESSIBLE PUBLIC FACILITIES
American with Disabilities Act (ADA) • Clear and comprehensive national mandate for the elimination of discrimination against
individuals with disabilities. • Assures equality of opportunity, full participation, independent living, and economic
self-sufficiency for all people.

The Town provides public parking at Forrester Park
and at Three Weirs Park. This is public parking at
two public properties/parks and is an existing
facility that must be made accessible to all. The
public parking at these locations also provide
access points for the Town’s pedestrian trail
facilities. These facilities must also be made
accessible to all.

ADA COMPLIANCE REQUIRED
American with Disabilities Act (ADA)
• “Parking spaces shall be permitted to be located in
different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.” (2010 ADA Standards for Accessible
Design, tit. 2., ch. 2, § 208.3.1 General Exception 2). • Public Parking currently available at both Parks
• Public Access to public facility and pedestrian
trail/pedestrian bridge at these locations is currently available.
• ADA Access on Yount Street
• Existing fire hydrant, PGE box & bridge with narrow
street.
• ADA stall would be in front of private property
whereas Three Weirs Park is a public space
• ADA Access on Finnell Rd.
• Good location for accessible parking
• Too far to reasonably provide access to Three Weirs
Park Yount St. at Trail
Finnell at Trail

ADA COMPLIANCE REQUIRED
Feedback from Residents: Two Community Meetings
Community Meeting 1 (July 26, 2022 ) (21 attendees) • Attendees requested 90 degree pull in parking at both locations • To create a walkway at Three Weir Park (Meandering from bridge) • Utilize the landscaping area pull in parking at Forrester Park Community Meeting 2 (October 20, 2022) (15 attendees) • Requests and oppositions to both designs • Design 1 (parallel parking) more popular at Three Weirs Park • Design 2 (90 degree pull in parking) more popular at Forrester Park
Special PRAC Field Meeting (November 16, 2022)
PRAC Meeting (November 17, 2022) • Design 2 (90 degree pull in parking) recommended for Forrester Park
• Recommended further review for design options at Three Weirs Park
RECAP: COMMUNITY MEETING
INPUT
Design Option 2 Revised(Chosen):
• Using existing landscape area for stall.
• Connects to existing ADA ramps
• Will begin at edge of parking shoulder.
• Cannot move further south due to streetlight and crosswalk.

FORRESTER PARK PREFERRED DESIGN
Design Option 3 New:
• 1 parking stall
• Retaining wall & handrails required for ramp to bridge. • No stairs
• Dark concrete for parking stall
• Approximately 1 tree to be removed.

THREE WEIRS PARK ALTERNATIVES
Design Option 4 New:
• No Parking Stall & Remove Public Parking
• Retaining wall & handrail required for ramp to bridge. • Approximately 1 tree to be removed.
• Remove asphalt shoulder, replace with dirt/mulch or other alternative. • Paint curb red

THREE WEIRS PARK ALTERNATIVES
The NEW hard surfaces (concrete or asphalt) are approximately 500 square feet. The total park green area before this project is approximately 6,500 SF. The total parking stall would only impact approximately 8% of the park.

THREE WEIRS PARK ALTERNATIVES
• Revise Transition Plan
• Adopt New Plan
• Federal Funding requires an
adopted ADA Transition Plan

FUNDING
• TDA Grant Funds
• Lose $160,000 Funds
• Pay back $39,794 to State
• Not utilizing funds could
negatively impact future grant
applications.

ADA & FUNDING
ADA Transition Plan
Town CIP Budget
• Added into the FY 17-18 budget • Carried forward each to current FY 22-23 budget Funding
• Received TDA 3 Grant Funding in 2021
Design
• Commissioned first round of design in March 2022
• Prepared draft designs for each location
Presented Design Drafts to Community
• Community Meeting 1: July 26, 2022
• Community Meeting 2: October 20, 2022
• Community Field Meeting 3: November 16, 2022
• PRAC Meeting: November 17, 2022
• Council Direction: March 21, 2023
Funding Deadline
• August 2024
• Construction must be complete prior to this date

PROJECT PROGRESSION
Public Works Recommendations
• Forrester Park:
• Install 90 degree pull in parking
• Three Weirs Park
• Retain parking and install parallel stall
• Remove parking and do not install ADA parking
stall
• Regardless of Parking, reconstruct path to bridge

COUNCIL DIRECTION
What we need.

The Public Works Department is
requesting from the Town Council
to move forward with design and to
provide direction on preferred
design options.

Project Website
• townofyountville.com
Department and Services
Public Works
Click on project link or
Capital Improvement Program (CIP)
Click on project link
• Forrester Park/Three Weirs Park ADA
Improvements (opengov.com)
• Posters and flyers Available at both locations

PROJECT TRANPARENCY

COMMENTS
OR
QUESTIONS?
Contact:
• Rosalba Ramirez
• email: [email protected]
• phone: (707) 944-8851
• Project Website:
• https://stories.opengov.com/townofyountvilleca/published/QmZJDchkZ 1 Rosalba Ramirez
From: Donna Bruner <[email protected]>
Sent: Friday, March 10, 2023 6:33 PM
To: Jeanne Title; Rosalba Ramirez; Jonathon Godown; Tennille Godown; John Wulff Subject: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation.

As many neighborhood residents, as can attend, will be sure to show up and voice their objections. Several have asked if Zoom is available for those that cannot attend? Scheduling a 3:00PM meeting is a challenge for most of the residents. Why was this time chosen? Is it possible to reschedule outside of people’s workday? Thank you,
Donna Bruner
Sent from my iPhone
On Mar 10, 2023, at 4:53 PM, Jeanne Title <[email protected]> wrote:

Sent from Jeanne's iPhone
On Mar 10, 2023, at 3:07 PM, Donna Bruner <[email protected]> wrote:

Looks like we have another appearance to make?
Yep
Sent from my iPhone
Begin forwarded message:

From: Rosalba Ramirez <[email protected]>
Date: March 10, 2023 at 2:57:44 PM PST
To: Steve Rogers <[email protected]>, John Ferons
<[email protected]>, Samantha Holland <[email protected]> Subject: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

Good afternoon!
I will place the following information on project posters out in the parks today.

Update on the ADA Accessibility Parking at Forrester
Park and Three Weirs Park Project

TOWN COUNCIL MEETING
MARCH 21ST , 3:00 PM

TOWN HALL COUNCIL CHAMBERS

Town staff will present the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project to the Town Council. Design options and revisions include:

1. Parallel Accessible Parking Stalls
1 Rosalba Ramirez
From: Donna Bruner <[email protected]>
Sent: Monday, March 13, 2023 10:39 AM
To: John Ferons; Rosalba Ramirez; Jeanne Title; Jonathon Godown; Tennille Godown; John Wulff
Cc: Eddy Gomez; Steve Rogers
Subject: Re: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation.

All of the neighbors are signing a petition to oppose this destruction of the park. What is the protocol to submit to the city? Is it to bring to the meeting or does it need to be turned in before hand? Sent from my iPhone
On Mar 13, 2023, at 9:27 AM, [email protected] wrote:

Thank you.

Sent from the all new AOL app for iOS
On Monday, March 13, 2023, 9:26 AM, John Ferons <[email protected]> wrote:

Additionally, the time is set at 3:00 pm because that is start time of the Town Council meetings and cannot be scheduled for later in the day.

John F
Yountville
Public Works
From: Rosalba Ramirez <[email protected]>
Sent: Monday, March 13, 2023 9:24 AM
To: Donna Bruner <[email protected]>; Jeanne Title <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown
<[email protected]>; John Wulff <[email protected]> Cc: Eddy Gomez <[email protected]>; John Ferons <[email protected]>; Steve Rogers <[email protected]>
Subject: RE: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

Donna,
Good morning. The Town Council meetings are now required to be held in person. We do offer the live stream of the meeting through the Town’s website. I have included the link below. If you would like to read public comment yourself, you will have to attend in person. If you would like a public comment read during the meeting but cannot attend, you can email the comment in advance to [email protected]. I have included the Town Clerk to provide any additional clarification you may need regarding the Town Council meeting chosen time and in person requirements. Thank you. 1 Rosalba Ramirez
From: [email protected]
Sent: Monday, March 13, 2023 9:30 AM
To: Rosalba Ramirez; Jeanne Title; Jonathon Godown; Tennille Godown; John Wulff Cc: Eddy Gomez; John Ferons; Steve Rogers
Subject: Re: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation.

I will pass this along, as our out of the area neighbors would like to have an opportunity to address the topic via zoom, or however possible.

Thank you,
Donna Bruner
Sent from the all new AOL app for iOS
On Monday, March 13, 2023, 9:23 AM, Rosalba Ramirez <[email protected]> wrote:

Council, Boards, Commissions and Committees Live Video Streaming | Yountville, CA (townofyountville.com)
Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851
From: Donna Bruner <[email protected]>
Sent: Friday, March 10, 2023 6:33 PM
To: Jeanne Title <[email protected]>; Rosalba Ramirez <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown <[email protected]>; John Wulff <[email protected]>
Subject: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation. 1 Rosalba Ramirez
From: John Ferons
Sent: Tuesday, March 14, 2023 9:39 AM
To: [email protected]
Cc: Jeanne Title; John Wulff; Jonathon Godown; Tennille Godown; Rosalba Ramirez; Steve Rogers
Subject: RE: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project
Ms. BrunerRegarding your proposed project when compared to the proposed ADA project, we are comparing apples to oranges.

1. Apples: Your proposed project is vertical construction above the ground located within the conservation easement, the purpose of which is the protection of riparian habitat and hydraulic capacity of Hopper Creek as it is located along the creek bank.

2. Oranges: The proposed ADA project is horizontal construction on the ground located outside of the conservation easement will not affect the riparian habitat and will not affect the hydraulic capacity of Hopper Creek as it is located along the street side of the park, not the creek bank side of the park.

Also, I would like to bring your attention to the third proposal for the project that would eliminate the parallel public parking along the Three Weirs Park property frontage which in turn eliminates the need for the ADA parking stall. In that configuration the project will consist of reconstruction the path from the street to the bridge to meet ADA Design criteria as required by federal law. This version of the project has been posted on the signs in the park and will also be presented to Town Council at next Tuesday’s meeting
We do appreciate the on-going dialogue, please let us know if you have further question or would like more information.

John F
Yountville
Public Works
From: [email protected] <[email protected]>
Sent: Monday, March 13, 2023 4:57 PM
To: John Ferons <[email protected]>
Cc: Jeanne Title <[email protected]>; John Wulff <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown <[email protected]> Subject: Re: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation.

Thank you for your prompt response. I would imagine all of those reports are available for review?
It seems so odd that Fish and Game would determine that the natural habitat of wildlife in and around Hopper Creek would not be disturbed by the proposed plan, but my installing two posts in my backyard would be a violation.

Hmmmm
Appreciate you getting back to me.

Donna Bruner
On Monday, March 13, 2023 at 04:49:28 PM PDT, John Ferons <[email protected]> wrote:

HI Ms. Bruner-

Good question based on your experience with your ADU and the Town’s development review process. The Town has two engineers on staff who manage the Town’s project’s such as this one and we evaluate all aspects of a proposed 2 project. We also hired a consultant engineer to prepare the design in compliance with all of the applicable regulations associated with the proposed project. Additionally, we follow the same process and standards as we require of a private project for the Town’s projects.

For the Three Weirs site, the footprint for the proposed ADA project lies entirely outside of the conservation easement and also outside the Department of Fish and Wildlife jurisdiction. Neither the path nor the parking stall (if it remains in the design) are subject to either condition as neither fall within the riparian habitat nor effect the hydraulic capacity of the creek.

We appreciate your attention to the project, please let us know if you have questions or wish to discuss further.

John F

Yountville
Public Works

From: [email protected] <[email protected]>
Sent: Monday, March 13, 2023 3:25 PM
To: John Ferons <[email protected]>
Cc: Jeanne Title <[email protected]>; John Wulff <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown <[email protected]> Subject: Re: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

Dear Mr. Ferons:

In my efforts last year to construct an ADU on my property, I hired an engineer to survey my lot located at 27 Forrester Lane, which is nextdoor to Three Weirs. It was after that report was received, I learned of a Conservation Easement that ran across the right backside of my property, closest to the creek. As a result, I was advised by the Planning Department that I could not utilize any of my backyard on the rear right side to so much as even place two posts in the ground.

Has the Town obtained a report from an engineer stating that the ADA Parking plan and cement pathway to the bridge would clear the Conservation Easement? Has Fish & Game given a "thumbs up" on your proposed project?
Looking forward to hearing from you.
3 Thank you,
Donna Bruner
On Monday, March 13, 2023 at 11:10:38 AM PDT, John Ferons <[email protected]> wrote:

Ms. Bruner,

The project is being presented to Town Council at their regularly scheduled meeting 3/21 for their consideration and direction. You are welcome to submit any information you like to Town Council in advance of the meeting as well as in person when they open the public comment for this item.

If you submit in advance, please email it to [email protected].

If you are able to attend the meeting, during the item you will have an opportunity to speak at the podium when council is considering this item.

Thank you for your continued interest in this project. Please let us know if you have any questions between now and the Council meeting.

John F

Yountville
Public Works

From: Donna Bruner <[email protected]>
Sent: Monday, March 13, 2023 10:39 AM
To: John Ferons <[email protected]>; Rosalba Ramirez <[email protected]>; Jeanne Title <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown <[email protected]>; John Wulff <[email protected]>
Cc: Eddy Gomez <[email protected]>; Steve Rogers <[email protected]> Subject: Re: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

On Mar 13, 2023, at 9:27 AM, [email protected] wrote:
4 Thank you.

Sent from the all new AOL app for iOS
On Monday, March 13, 2023, 9:26 AM, John Ferons <[email protected]> wrote:

Additionally, the time is set at 3:00 pm because that is start time of the Town Council meetings and cannot be scheduled for later in the day.

John F

Yountville
Public Works

From: Rosalba Ramirez <[email protected]>
Sent: Monday, March 13, 2023 9:24 AM
To: Donna Bruner <[email protected]>; Jeanne Title <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown
<[email protected]>; John Wulff <[email protected]> Cc: Eddy Gomez <[email protected]>; John Ferons <[email protected]>; Steve Rogers <[email protected]>
Subject: RE: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

Council, Boards, Commissions and Committees Live Video Streaming | Yountville, CA (townofyountville.com)

Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851

From: Donna Bruner <[email protected]>
Sent: Friday, March 10, 2023 6:33 PM
To: Jeanne Title <[email protected]>; Rosalba Ramirez <[email protected]>; Jonathon Godown <[email protected]>; Tennille Godown <[email protected]>; John Wulff <[email protected]> Subject: [EXTERNAL] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

5 This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any l from this email. Please remember we will not send automated emails without warning or explanation.

Sent from my iPhone

On Mar 10, 2023, at 4:53 PM, Jeanne Title <[email protected]> wrote:

Sent from Jeanne's iPhone

On Mar 10, 2023, at 3:07 PM, Donna Bruner
<[email protected]> wrote:

Looks like we have another appearance to make?
Yep

Sent from my iPhone
Begin forwarded message:

From: Rosalba Ramirez
<[email protected]>
Date: March 10, 2023 at 2:57:44 PM
PST
To: Steve Rogers
<[email protected]>, John Ferons
<[email protected]>, Samantha
Holland <[email protected]>
Subject: Update on the ADA
Accessibility Parking at Forrester
Park and Three Weirs Park Project

Good afternoon!
I will place the following
information on project posters
out in the parks today.

Update on the ADA
Accessibility Parking at
Forrester Park and Three Weirs
Park Project
1 Rosalba Ramirez
From: Billie Hewitt <[email protected]>
Sent: Friday, March 10, 2023 6:58 PM
To: Rosalba Ramirez
Cc: Steve Rogers; John Ferons; Samantha Holland
Subject: [EXTERNAL] [SPF ERROR] Re: Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. Please remember we will not send automated emails without warning or explanation.

Thank you, Rosalba.

To me, these choices seem logical, least invasive and doable.

Billie Hewitt
Sent from my iPad
On Mar 10, 2023, at 2:57 PM, Rosalba Ramirez <[email protected]> wrote:

Good afternoon!
I will place the following information on project posters out in the parks today.

Update on the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project

TOWN COUNCIL MEETING
MARCH 21ST , 3:00 PM

TOWN HALL COUNCIL CHAMBERS

Town staff will present the ADA Accessibility Parking at Forrester Park and Three Weirs Park Project to the Town Council. Design options and revisions include:

1. Parallel Accessible Parking Stalls

2. Pull-In Accessible Parking Stalls

3. No Accessible Parking Stall with the removal of street parking at Three Weirs Park.

If you have a public comment you would like submit before the council meeting for the ADA Accessibility Parking Forrester Park and Three Weirs Park Project , please send that comment to [email protected] .

Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851

1 Rosalba Ramirez
From: Billie Hewitt <[email protected]>
Sent: Wednesday, October 19, 2022 4:11 PM
To: Rosalba Ramirez
Subject: [EXTERNAL] [SPF ERROR] Washington Park ADA meetings Follow Up Flag: Follow up
Flag Status: Flagged
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
Rosealba—-Thanks for including residents in the ADA planning. Would it be possible, at some point before FINAL design, to have an onsite meeting with all stakeholders for further clarification.

Thanks for consideration.

Billie Hewitt
9 Lande Way
Sent from my iPad
1 Rosalba Ramirez
From: Billie Hewitt <[email protected]>
Sent: Tuesday, November 15, 2022 10:03 PM
To: Rosalba Ramirez
Cc: John Ferons; Steve Rogers; Samantha Holland
Subject: [EXTERNAL] [SPF ERROR] Three Weirs Park
*** This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email. ***
Greetings Rosalba,
Thank you for having the onsite meeting in Washington Park tomorrow. Unfortunately, I will be out of town and unable to attend.

I have a question that I am repeating about Three Weir Park? WHEN was it classified as a park? I am looking over my disclosures received when I purchased my home in 1998. The Forrester Park site is designated as a .9 acre park, but the space that is now called Three Weirs was designated as OPEN SPACE.

I realize a lot of further development and amenities have been added since this time.

I have researched the history of parks and meeting spaces in town, but cannot find any reference to this space being designated as a park. What am I missing?
Because of the small area, and the many trees, it seems that it would be logical to reclassify the area as green, open space without the assault of cement, hand rails, and general redesign.

In conclusion, I agree with Kim Cook who has written emails to you, there is no “element” in this space that cannot be found close by.

Thanks again or holding the meeting.

Billie Hewitt
Sent from my iPad
1 Rosalba Ramirez
From: Carrie Hays <[email protected]>
Sent: Thursday, November 3, 2022 10:01 AM
To: John Ferons
Cc: Rosalba Ramirez; Steve Rogers; Billie Hewett; Steve Cook ICE; Kimberly Cook Subject: Re: [EXTERNAL] [SPF ERROR] Follow up questions regarding Forrester and Three Weir This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Hi everyone,
Thanks, John, for the info. I appreciate the commitment to safety and meeting the needs of those with disabilities. Not that I can speak for anyone else, but my assumption is, we all want that. it’s how we get there that is what I hope we can explore together. So, I, too, am looking forward to an in person meeting - What are the next steps to schedule an in-person meeting the week of Nov. 14? I am asking just on a practical note as I work and want to make sure I can attend. And I know all of us have busy schedules, as we get closer to Thanksgiving.

Can you update us on the process to find a date/time that will work for as many interested folks as possible? Thanks again,
Carrie
On Nov 2, 2022, at 10:03 AM, Kimberly Cook <[email protected]> wrote:

Hi John,
We are looking forward to an in person neighborhood meeting, instead of the long complicated emails that only include a few people.

I am still going to stand by the ADA Title II statement that "Public entities, however, are not necessarily required to make each of their existing facilities accessible.” We would all like to better understand how the Town got to this point, and why it feels it is necessary now, in this 25 year old neighborhood, to make this drastic change.

See you in a few weeks,
kim
On Nov 1, 2022, at 8:57 AM, John Ferons <[email protected]> wrote:

Hi CarrieFollowing up on your questions:

Site Meeting: Staff will be scheduling a site walk meeting on a date and time certain the week of November 14th. When that is set, we will reach out to give people the opportunity to attend and ask questions. Responses to your numbered questions are as follows:

1. Town staff will collect input from all the residents in the public meetings then present the original design, the revised designs from the first meeting, the proposed revisions from the second meeting and staff’s recommendations to the Parks & Recreation Commission asking for their preference. The design will then be selected in a fair and equitable manner based on all the above.

2. These two project locations within the Washington Park neighborhood were identified in the Town’s ADA Transition Plan and as such have been included in the Town’s Capital Improvement Program (CIP). Town Public Works staff were aware of the need to fund and construct this project as part of the CIP, therefore they applied for and received grant monies specific to this type of project.

3. The Town has an adopted ADA Transition Plan that is required by federal law that serves as the Town’s ADA compliance strategy. That plan was developed through a facilities analysis, feedback and prioritization through public meetings and ultimately adopted as policy by Town Council.

4. Three Weirs Park is not only a park, but the starting and stopping point for the residents who live in Washington Park to access the Hopper Creek Trail and the rest of Town in a safe pedestrian environment. Regarding other locations along the path, the Three Weirs site is consistent with those at Wood Duck Cove along Heather Street and Oak Circle Park, and you are correct, there 2 are other opportune locations along Hopper Creek path such as Finnell that additional access could be provided. The difference being, those other locations would not provide access from the Washington Park corner of Town to the path.

Please also consider that the Town may not make a determination about a public facility that has the effect of excluding or discriminating against persons with disabilities.

By NOT providing equal access to the public location of Three Weirs Park AND its bridge that connects Washington Park to the Hopper Creek Path we are making a decision that denies people access and excludes or discriminates against persons with disabilities.

We appreciate the dialogue and on-going input from you and the other residents in the community. Please let me know if you have more questions or would like to discuss further.

John F
Yountville
Public Works
From: Carrie Hays <[email protected]>
Sent: Monday, October 31, 2022 8:09 AM
To: Rosalba Ramirez <[email protected]>
Cc: John Ferons <[email protected]>; Steve Rogers <[email protected]>; Billie Hewett <[email protected]>; Steve Cook ICE <[email protected]>; Kimberly Cook <[email protected]> Subject: Re: [EXTERNAL] [SPF ERROR] Follow up questions regarding Forrester and Three Weir

This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Hi all,
Thanks for sharing this email exchange. I’m jumping in here; the headline of this message is: When can we have another meeting that includes a walk around the proposed areas?

Note that yes, I am assuming another meeting is doable. I earnestly ask for this because I think this would allow for speedier understanding and it can be more productive and efficient than lots and lots of emails. I’m not saying the emails are ineffective! Just seems there are so many questions and ideas that it’s getting to the point that a discussion, rather than lots and lots of emails, would be (more) productive. (And tracking the colors can be a challenge for those whose tech tools don’t allow color (e.g., some iPads). Concerns about this idea? If not, when can we schedule one?

In addition to Kim’s questions, the questions I propose the agenda includes:

1. First and foremost: Who makes the final design decisions? Is it a “vote” by interested residents? is it Rosalba? Steve? John? I am asking as it matters to know this upfront.

1. Here’s what leads me to say this: When ideas are solicited, and yet it is not clear or explicit who is “the decider” or how the final design and location decisions will be made, it leads to frustration and in turn, can demotivate people from participating in this kind of community discussion. I can see people thinking, “why bother” if the decision had already been made, for example. I am NOT saying decisions about design has been made, but with so many ideas and questions, at this point, it begs the question: who decides the final location and design?

2. What led to applying for this grant at this point in time? Why Wash Park and not other sites in town? (or maybe there ARE other locations that I just don’t know about).

3. How does this fit into an overall ADA compliance strategy for the whole town, assuming there is one?

4. What led to identifying 3 Weirs as one of the ADA parking space locations?

1. What data is being used to say ADA parking is needed at 3 Weir park, at this point in the history of Wash Park? Said more succinctly, why now? Steve, can you explain in a mtg this - it’s just puzzling to me. Something is missing for me about this or that I am not aware of or understanding.

2. Why 3 Weir, and not ADA parking in more visible and more heavily trafficked streets that ALSO connect the path, such as on Finnell, any where west of the bridge and Yount Street? and/or at Yount at near the point at which the path meets the sidewalk? (yes, I raised this in the 2nd mtg and am still not clear on “why not” in these other locations that do connect paths and parks.

There are no ADA parking spots along Finnell on either the south or north side.

I can think of more topics, but for now, I’ll hold off. I am curious to learn: how does what I am proposing land on you? Does it raise concerns I may not be thinking of?

Thank you,
Carrie
3 On Oct 28, 2022, at 11:22 AM, Kimberly Cook <[email protected]> wrote:

Good morning,
Thank you for your thorough reply. Please see my comments below in blue. সহ঺঻ kim

On Oct 28, 2022, at 10:02 AM, Rosalba Ramirez <[email protected]> wrote:

Kim,
Good afternoon. I am glad you were able to view the zoom meeting via the website. I place the information on the project webpage and hope that it is viewable by all. It is good to hear this confirmation. I have provided responses to your questions/comments below in red. I am also working with the engineer to determine what modifications we can do to the design to accommodate the feedback we received but still meet requirements. I will be taking this project to the November 17th PRAC meeting as well. I will host a field meeting at the two parks either before the PRAC meeting or shortly thereafter.

It was stated that ADA Title II requires the town to place ADA parking in these two parks.

Directly from Title II of the Americans with Disabilities Act; "Public entities, however, are not necessarily required to make each of their existing facilities accessible.” Previous research that I have done on this explains that when a location holds no specific element or feature that is not found in another location in town it is not necessary that location accessible. So why is it being pushed for Three Weir? The Town implemented an ADA evaluation plan to provide access to public facilities. This plan specifically included Three Weirs Park as a public facility that would be addressed. Three Weirs Park, although small, is a nice park with a direct connection to the pedestrian bridge that leads to the trail. So, if that is the case, the Town added it to it’s plan, it can be agreed upon that this the town making the decision to do this to Three Weirs. It is not REQUIRED, as has been stated. Then I believe that much more recognition has to be given to the voice of the residents in the area of Three Weirs. Not one person is arguing that parks should not be available to disabled people, they are arguing that it is a mistake to make such an invasive and huge change to a green space, that is NOT a park, especially when it is not necessary or required. I think it is time to revise that “plan” and take Three Weir off the list.

Carlton stated that the existing path is not at the correct grade to be legally accessible.

That is true, but only a very small section of the grade of the existing path is at 7% instead of 5%. When you and I met at the park that day you mentioned that the existing walking path would be being upgraded in this process, so why not just fix the tiny area that is currently not at 5% and use that path? It is completely doable without adding a huge path that takes up 2/3 of the “park” space. For Three Weirs Park we modified the original plan to include the walkway through the park. The feedback from the second meeting showed a preference to the parallel parking design from the first meeting that is closer to the existing entrance. The grade on the existing path up to the bridge will be addressed with this project. The accessible parking spot and loading zone also must meet grade requirements. In the parallel parking stall scenario, we cannot meet the grades for the parking stall and tie into the existing pathway up to the bridge without the ramp. Yes, it did sound like people prefer the parallel parking option for this location, but it does not have to included a huge long wall with railings if just the existing ramp is correctly graded.

It has been repeated that grant money has been received for this project.

Isn’t the grant money only for the engineering design of the project and not for the construction? The grant design is for the both the design and the construction. We do not receive additional money for the construction. I am not clear on this. The grant is for both, design and construction? How much is the grant?

It has been stated that this was designated as a “park” in 1996.

Since no features were ever added can it not be re-designated in 2022 as green space? If not, why not? The intent of this project is to provide accessibility to public facilities and not to remove park facilities from the Town list. I can make a note of your request to have this re-designated as a green space for a future item. Thank you.

It was stated that the one tree being removed in plan 1 design was dying anyway.

I do not believe that to be true, several of those trees are the kind that hold their dried leaves until spring, so that comment might be mistaken. The project will have trees evaluated before removal. The Town does not like removing 4 trees if not necessary. We will evaluate the condition of the tree and the impact the construction will have to the root system. One of the goals of the first design option (the parallel parking stall) at Three Weirs was to avoid major impacts to the trees in the park. Good to hear.

And finally, regarding Forrester Park, in Plan 2, I sent in a question asking if the ADA parking space could be moved to the south so that we could keep on parking spot in front of Forrester Park and add the ADA space, instead of locating the ADA parking spot in the middle thereby losing a general parking space. The parking stall at Forrester Park will have to tie into the walkway that is existing . Fortunately, this area is relatively flat and making the pedestrian connection will not require any walls or ramps. We cannot place a parallel stall further south of the southern park walkway because there appears to be a driveway and a mailbox that we cannot obstruct. We could go further north but the pull in stall in option two appears to be the least impactful. I will have the designer look at potentially moving the parking stall to the north where there is room. I guess I did not make my comments clear in the previous email. My question is can the straight in parking spot at Forrester Park just be slid to the south to the light post, still keeping it in the front of the park.

That way another car can park on the parking shoulder. I would be glad to explain in person if you are planning on making a site visit.
thank you for your help,
kim
Thank you again for your providing feedback and communication.

Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851
From: Kimberly Cook <[email protected]>
Sent: Thursday, October 27, 2022 10:41 AM
To: Rosalba Ramirez <[email protected]>; John Ferons <[email protected]>; Steve Rogers <[email protected]> Cc: Billie Hewitt <[email protected]>; Carrie Hays <[email protected]> Subject: [EXTERNAL] [SPF ERROR] Follow up questions regarding Forrester and Three Weir

This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Rosabla,
After viewing the video of the zoom meeting regarding ADA parking in Forrester and Three Weir, I still have several questions that were not addressed clearly;

It was stated that ADA Title II requires the town to place ADA parking in these two parks.

Carlton stated that the existing path is not at the correct grade to be legally accessible.

It has been repeated that grant money has been received for this project.

Isn’t the grant money only for the engineering design of the project and not for the construction?

5 It has been stated that this was designated as a “park” in 1996.

Since no features were ever added can it not be re-designated in 2022 as green space? If not, why not?

It was stated that the one tree being removed in plan 1 design was dying anyway.

I do not believe that to be true, several of those trees are the kind that hold their dried leaves until spring, so that comment might be mistaken.

thank you for your attention to this,
kim
1 Rosalba Ramirez
From: Carrie Hays <[email protected]>
Sent: Sunday, November 6, 2022 7:03 AM
To: John Ferons
Cc: Rosalba Ramirez; Samantha Holland; Steve Rogers
Subject: Re: [EXTERNAL] [SPF ERROR] Re: Community Field Meeting for the ADA Accessibility Parking Forrester Park and Three Weirs Park Project
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

John and everyone,
This is so very helpful. Thank you for mapping this all out in a clear and informative way! It gives me peace of mind to now know the entire process and I hope it gives all others the same, so that this project moves ahead with some ease for all of you and everyone.

Thank you!
On Nov 4, 2022, at 4:21 PM, John Ferons <[email protected]> wrote:

HI CarrieWe just prepared and sent out an email further detailing the process which should answer the bulk of your questions/concerns based on your conversation with Steve earlier and your email below.

Please let us know if you have further questions/concerns and we will do our best to address them.

In the meantime, have a good weekend.

John F
Yountville
Public Works
From: Carrie Hays <[email protected]>
Sent: Friday, November 4, 2022 3:39 PM
To: Rosalba Ramirez <[email protected]>
Cc: John Ferons <[email protected]>; Samantha Holland <[email protected]>; Steve Rogers <[email protected]> Subject: [EXTERNAL] [SPF ERROR] Re: Community Field Meeting for the ADA Accessibility Parking Forrester Park and Three Weirs Park Project

This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Hi Rosalba,
Thanks for this update and adding this meeting. I wish I could attend but I will be working.

Couple of observations - when you have a minute, will you let me know what you think of my observations?

 I noticed you stated the meeting date and time will not be chosen. Please know I am NOT saying or asking that it change at all! But what I do know is that knowing the reasoning for such definitiveness would go along way in understanding, being supportive of, and committed to the entire process. Am I expressing that in a way that is straightforward? Does what I am saying seem reasonable?  It’d also be great to know, not unlike a flowchart, of all the steps in the entire process. At this point, from the 16th to what comes after that, and all the steps in the process, would alas go along way in being supportive of the process.
 And John - thanks for your clear answers to my questions. Just one remained unclear: while I hear you that the process will be fair and equitable, until I met with Steve today, I was still unclear on who makes the final design decisions. Steve mapped out the whole process, which was super helpful. Now I get that ultimately, the Council votes. Perhaps that’s on me to know - but I simply didn’t.

2 Thanks for hanging in there with reaching out, gathering input, and being responsive. I assume some of the input you are receiving is not all that helpful, especially given the effort you are making. If mine are in that category, I welcome your feedback on how better to communicate with you.

Carrie

On Nov 3, 2022, at 4:44 PM, Rosalba Ramirez <[email protected]> wrote:

Good afternoon,
The Town will host a community field meeting for the ADA Accessibility Parking Forrester Park and Three Weirs Park project. This meeting is a special meeting of the Parks and Recreation Advisory Commission (PRAC) and is open to the public. We will meet at Three Weirs Park and proceed to Forrester Park.

The date and time chosen will not be revised.

Meeting information:

Where: Three Weirs Park and proceed to Forrester Park.

When: Wednesday November 16, 2022 at 1:00 PM
Flyers and the above information will be posted to the project posters in both locations.

Thank you.

Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851

<Field Meeting double sided.pdf>
1 Rosalba Ramirez
From: Carrie Hays <[email protected]>
Sent: Friday, November 4, 2022 3:39 PM
To: Rosalba Ramirez
Cc: John Ferons; Samantha Holland; Steve Rogers
Subject: [EXTERNAL] [SPF ERROR] Re: Community Field Meeting for the ADA Accessibility Parking Forrester Park and Three Weirs Park Project
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Hi Rosalba,
Thanks for this update and adding this meeting. I wish I could attend but I will be working.

Couple of observations - when you have a minute, will you let me know what you think of my observations?  I noticed you stated the meeting date and time will not be chosen. Please know I am NOT saying or asking that it change at all! But what I do know is that knowing the reasoning for such definitiveness would go along way in understanding, being supportive of, and committed to the entire process. Am I expressing that in a way that is straightforward? Does what I am saying seem reasonable?  It’d also be great to know, not unlike a flowchart, of all the steps in the entire process. At this point, from the 16th to what comes after that, and all the steps in the process, would alas go along way in being supportive of the process.
 And John - thanks for your clear answers to my questions. Just one remained unclear: while I hear you that the process will be fair and equitable, until I met with Steve today, I was still unclear on who makes the final design decisions. Steve mapped out the whole process, which was super helpful. Now I get that ultimately, the Council votes. Perhaps that’s on me to know - but I simply didn’t.

Thanks for hanging in there with reaching out, gathering input, and being responsive. I assume some of the input you are receiving is not all that helpful, especially given the effort you are making. If mine are in that category, I welcome your feedback on how better to communicate with you.

Carrie
On Nov 3, 2022, at 4:44 PM, Rosalba Ramirez <[email protected]> wrote:

The date and time chosen will not be revised.

Meeting information:

Where: Three Weirs Park and proceed to Forrester Park.

When: Wednesday November 16, 2022 at 1:00 PM
Flyers and the above information will be posted to the project posters in both locations.

Thank you.

Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851

<Field Meeting double sided.pdf>
1 Rosalba Ramirez
From: Carrie Hays <[email protected]>
Sent: Monday, October 31, 2022 8:09 AM
To: Rosalba Ramirez
Cc: John Ferons; Steve Rogers; Billie Hewett; Steve Cook ICE; Kimberly Cook Subject: Re: [EXTERNAL] [SPF ERROR] Follow up questions regarding Forrester and Three Weir Follow Up Flag: Follow up
Flag Status: Flagged
This email was sent from a sender outside of your organization. Please be wary opening any attachments or following any links from this email.

Hi all,
Thanks for sharing this email exchange. I’m jumping in here; the headline of this message is: When can we have another meeting that includes a walk around the proposed areas?

1. First and foremost: Who makes the final design decisions? Is it a “vote” by interested residents? is it Rosalba? Steve? John? I am asking as it matters to know this upfront.

2. What led to applying for this grant at this point in time? Why Wash Park and not other sites in town? (or maybe there ARE other locations that I just don’t know about).

3. How does this fit into an overall ADA compliance strategy for the whole town, assuming there is one?

4. What led to identifying 3 Weirs as one of the ADA parking space locations?

There are no ADA parking spots along Finnell on either the south or north side.

I can think of more topics, but for now, I’ll hold off. I am curious to learn: how does what I am proposing land on you? Does it raise concerns I may not be thinking of?
Thank you,
Carrie
On Oct 28, 2022, at 11:22 AM, Kimberly Cook <[email protected]> wrote:

Good morning,
Thank you for your thorough reply. Please see my comments below in blue. সহ঺঻ 2 kim
On Oct 28, 2022, at 10:02 AM, Rosalba Ramirez <[email protected]> wrote:

It was stated that ADA Title II requires the town to place ADA parking in these two parks.

Carlton stated that the existing path is not at the correct grade to be legally accessible.

It has been repeated that grant money has been received for this project.

It has been stated that this was designated as a “park” in 1996.

It was stated that the one tree being removed in plan 1 design was dying anyway.

I do not believe that to be true, several of those trees are the kind that hold their dried leaves until spring, so that comment might be mistaken. The project will have trees evaluated before removal. The Town does not like removing trees if not necessary. We will evaluate the condition of the tree and the impact the construction will have to the root system. One of the goals of the first design option (the parallel parking stall) at Three Weirs was to avoid major impacts to the trees in the park. Good to hear.