Cities Index.
Agenda

Willits City Council
March 23, 2022

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Agenda
Meeting
March 23, 2022
Body
Willits City Council
Pages
12
Original file
2.8 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofwillits.org. That file is the official record.

111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org

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WILLITS CITY COUNCIL
AGENDA
MARCH 23, 2022 | 6:30 PM | VIA TELECONFERENCE
Due to the provisions of the Governor’s new Executive Orders N-15-21 (Assembly Bill 361) which continues to suspend certain requirements of the Brown Act, and the Order of the Health Officer of the County of Mendocino to impose/recommend measures to promote social distancing to minimize the spread of COVID-19, the City Council will be participating by tele/video conference.

TELECONFERENCING ATTENDANCE INSTRUCTIONS
How to attend this Council meeting remotely – See end of the agenda.

1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.

2. PUBLIC COMMUNICATIONS
The City Council welcomes participation in its meetings. Comments shall be limited to three (3) minutes per person so that everyone has an opportunity to address the Council. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request the group appoints a spokesperson. This item is limited to matters under the jurisdiction of the City Council, which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. The City Council will take no action.

3. PUBLIC MATTERS
a. Little Lake Fire Department Updates - presented by Fire Chief Carter.

4. ENACTMENT OF ORDINANCES
a. None.

5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.

The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. March 9, 2022
b. Resolution ratifying and extending for an additional 30-days, approval of continuing Virtual City Council, Commission, and Committee meetings pursuant to AB 361. c. Resolution appointing representatives to represent and vote on behalf of the City at the League of California Cities’ Redwood Empire Division Business meetings and Division Legislative Committee meetings.

Willits City Council Agenda – March 23, 2022. Page 2 of 3

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. None.

7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Adopt a Resolution authorizing the construction of a hangar owned by REACH Air Medical Services at Willits Municipal Airport.
b. Introduction of a preliminary Tobacco Retailers License Ordinance. c. Verbal Reports – No Action.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Fiscal Year 2021-2022 Mid-Year Budget Amendments
Presenting staff member: Finance Direct Orozco.
b. Discussion and possible action approving plans and specifications for Blosser Lane Rehabilitation Project, Phase I (Project No. 2022-02), and authorizing advertisement for bids.

Presenting staff member: City Engineer Wilburn.

10. DEPARTMENT MONTHLY REPORTS
a. Airport. b. Community Dev. c. Engineering. d. Police Dept. e. Public Works. f. Utilities.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None.

14. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90- days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.

I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.

Dated this 18th day of March, 2022.

Cathy Moorhead, Deputy City Manager / City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7121 or Fax (707) 459-1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring Willits City Council Agenda – March 23, 2022. Page 3 of 3 the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM.

CITY COUNCIL MEETING – ELECTRONIC ATTENDANCE
To attend the City Council meeting of Wednesday, March 23, 2022, electronically, please do the following:

Navigate to the GoToMeeting site.

Join my meeting from your computer, tablet or smartphone. https://meet.goto.com/677859469
Phone:
• Dial in: 1(408) 650-3123
• Punch in the following Access Code when prompted: 677-859-469 • Please keep your phone on Mute, unless you are addressing the Council.

Public Comments:
• Members of the public wishing to address the City Council, either during public comment or for a specific agenda item, or both, will be limited to three (3) minutes per person at the time the Mayor opens item for public comments.

Get the app now and be ready when your first meeting starts: https://meet.goto.com/install Resolution No. 2022-____ Page 1 of 2 March 23, 2022
RESOLUTION NO. 2022-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS RATIFYING AND EXTENDING FOR AND ADDITIONAL 30-DAYS, UNTIL APRIL 23, 2022 THE CONTINUANCE

OF VIRTUAL CITY COUNCIL, COMMISSION, AND COMMITTEE MEETINGS DURING DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE 54953 (AB 361).

WHEREAS, on October 13, 2021, the City of Willits adopted Resolution No. 2021-37, authorizing virtual City Council, Commission and Committee meeting during the Declared State of Emergency, which is to be renewed every 30-days. FURTHERMORE, the Resolution was renewed on November 10, 2021, Resolution No. 2021-40; December 8, 2021, Resolution No. 2021-42; December 20, 2021, Resolution 2021-47; and January 12, 2022, Resolution No. 2022- 01; February 9, 2022, Resolution No. 2022-11, March 9, 2022, Resolution No. 2022-15 and WHEREAS, AB 361 was recently signed by the Governor of the State of California, enacting certain changes to the Brown Act as set forth in Government Code section 54953; and WHEREAS, AB 361 authorizes local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a “proclaimed state of emergency” and either 1) State or local officials imposing or recommending measures that promote social distancing, or 2) The legislative body finding that meeting in person would present an imminent safety risk to attendees; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related to the pandemic of coronavirus commonly known as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risk of illness or death due to such variants remains significant to the general public; and WHEREAS, the City Council has determined virtual meetings have not limited participation of Council Members, City Staff and other potential attendees; and WHEREAS, staff advised the City Council that modifications to the Council Chambers and the Community Center to accommodate on-site and/or hybrid meetings are cost prohibitive.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits that:

1. The City Council determines that the pandemic of COVID-19 creates an imminent safety risk to councilmember, staff, and other potential attendees of City Council meetings.

2. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether the state of emergency continues to directly impact the ability of the members to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until this resolution is rescinded.

The above and foregoing Resolution was introduced by Councilmember ________ seconded by Councilmember _________, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 23rd day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. 2022-____ Page 2 of 2 March 23, 2022
ATTEST:
____________________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits

CATHY MOORHEAD
Deputy City Manager/City Clerk
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, MARCH 09, 2022
Mayor Rodriguez called a regular meeting of the City Council to order at 6:33 p.m., via teleconference/video conference. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Gerardo Gonzalez, Greta Kanne, and Mayor Saprina Rodriguez were present.

Also present were staff members: Brian Bender City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Scott Herman, Utilities Superintendent; Kenan O’Shea, Public Works Superintend; Karen Stevenson, Human Resources Manager; and Cathy Moorhead, Deputy City Manager | City Clerk.

Due to the provisions of the Governor’s new Executive Order N-15-21 (Assembly Bill 361) which continues to suspend certain requirements of the Brown Act, and the Order of the Health Officer of the County of Mendocino to continue to impose/recommend measures to promote social distancing to minimize the spread of COVID19, the City Council will be participating by tele/video conferencing.

2. Public Communications
None presented.

3. Public Matters
a. Presentation of a Proclamation – in Recognition of “Women’s History Month.

Mayor Rodriguez read the proclamation for the record and presented it to Cynthia Savage, 2022 Honoree from the Willits Daily Bread; also honored where Shirley Matilton, Native American entrepreneur, and Camille Schradler, Redwood Community Services. Mayor Rodriguez thanked Ms. Savage for her leadership role in our Community.

Ms. Savage accepted the proclamation, thanked the City of Willits and the community, adding that Willits Daily Bread is continuing to look for volunteers; interested persons should call 707-367-5667 for more information regarding the current needs of Willits Daily Bread.

AMENDED AGENDA ITEM
(Amendments to the agenda require a 2/3rds vote of the City Council) Motion to amend the agenda and add item 3b – Presentation by the Mendocino County Tobacco Prevention Coalition.

Moved by Strong/Seconded by Gonzalez and carried (4/0 – Stranske absent) to add item 3b to the agenda.

Willits City Council Minutes of March 09, 2022 Page 2 of 4 b. Presentation by the Mendocino County Tobacco Prevention Coalition City Manager Bender informed the council of miscommunication between the Tobacco Coalition and the city regarding tonight’s presentation. More information will be presented within the next few weeks.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
i. February 9, 2022
b. Resolution ratifying and extending for an additional 30-days, approval of continuing Virtual City Council, Commission, and Committee meetings pursuant to AB 361.

Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried (4/0 - Stranske absent) to approve Consent Calendar item(s) (a&b).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Business License Activity for February 2022

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Approve the proposed Assistant City Manager Description (Effective March 10, 2022).

Public Comment: None presented.

Moved by Gonzalez/Seconded by Kanne and carried (4/0 with Stranske absent) to approve the proposed job description for the Assistant City Manager as presented. b. Verbal Reports – No action taken.
 Renovations at City Hall were requested last year, but the budget could not support it, council was sympathetic to the need. This year’s budget can now support it; therefore $80,000 was placed in the budget for this remodel. The city received two estimates with the low bid coming in much less. Staff has contacted references as the contract company is based out of Nevada. We are in hopes to start this project soon and have asked for a completion date of no later than the end of September.

We will do our best to make sure City Hall stays open during the remodel. City Manager Bender informed the community with this remodel the Utility Billing department would expand by having two counters to help customers and will also be utilized by the Community Development Department to discuss plans and permits.

We also have a new layout for office space, making this a better layout to provide better service to our customers.
 Met with Dr. Coren today to discuss the Public Notice that was released last week regarding lifting the universal indoor mask mandate. The mandate was lifted on March 4th, but Dr. Coren still strongly recommends to continue wearing your mask indoors to keep the spread down.

Willits City Council Minutes of March 09, 2022 Page 3 of 4  Cal League City will be holding the Redwood Empire Division meetings, tours and dinner event in Ukiah on March 25th. Interested should contact Sara Sanders at LCC. Further discussion was had between council and City Attorney Lance regarding whether all council members were permitted to attend. Mr. Lance stated that it is permissible if it is an open meeting to the public and has also been publicized.

Mayor Rodriguez inquired about items that will be coming forward on future agendas. City Manager Bender informed the Council that Councilmember Stranske will also be absent from the March 23rd meeting, therefore he is holding off on some items until his return. The April 13th meeting will have discussion regarding Brown Water; April 27th, Bulk Water Fill Station Policy; March 23rd, Blosser Lane Project and Mid-Year Budget. Councilmember Strong inquired about the Urban Forest Plan. Mayor Rodriguez responded that she spoke with Mr. Duley today about this item and he is continuing to work on it, but not ready at this point.

9. Department Recommendations (Action Items)
 Mayor Rodriguez inquired to this year Pool and the need for lifeguards. Deputy City Manager Moorhead informed the City Council that the pool staff is currently low, not all lifeguards are returning this year and we are advertising for more guards; also adding that if the city is not able to hire the adequate number of pool staff it could effect this year’s schedule for swim lessons, water aerobics and open swim. Ms. Moorhead will keep the council informed about the upcoming schedule.
 Community Development Director Duley informed the City Council that the city received a parks grant, but some years back received a grant for the tennis court that is currently occupied by the Willits Frontier Days dance area. Mr. Duley is looking into the previous grant so that we can move forward with the new one and will update council in the near future.

10. Department Monthly Reports (ONLY SECOND MEETING OF EACH MONTH) None presented.

11. City Council Announcements, Communications and Reports  Vice Mayor Kanne reported – Mendocino Council of Government (MCOG) met Monday – reporting finances are strong due to CARES Act and Sales Tax; Caltrans Project Updates, Clean California will be holding free dump will be rolling out in late spring, starting with tires, mattresses and then moving to all trash; and North Coast Railroad Authority (NCRA) will be meeting for the last time on March 14th before dissolving; and the Mendocino County Museum Board – still has vacancies in both the 4th and 5th district and are in need of board members.
 Councilmember Gonzalez reported – League of California Cities (LCC) met, discussed general housing issues; attended LAFCo meeting as an alternate – discussed service rates, as each city pays into LAFCo they are looking to increase these rates and will be reaching out to the city; he will be attending the League of California Cities Redwood Empire Division meeting on March 25th, along with Mayor Rodriguez and Councilmember Strong.
 Councilmember Strong reported – Economic Development and Finance Corporation (EDFC) will meet tomorrow; and Mendocino Solid Waste Management Authority (MSWMA) will meet on March 17th.
 Mayor Rodriguez reported – met with City Manager Bender and Mendocino County Supervisor John Haschak for an update of county business; and attended, along with Councilmembers Gonzalez and Stranske, the Swearing-In of the new Little Lake Fire Chief, Bill Carter.

Willits City Council Minutes of March 09, 2022 Page 4 of 4 Public Comment: None presented.

No action taken.

12. Good & Welfare
 Mayor Rodriguez thanked the other women on the City Council and the men too for shaping the City of Willits.
 Councilmember Strong informed the community of the upcoming WELL meeting on March 31st, Fire Forum: ARE YOU READY. In attendance will be both the Willits and Brooktrails Fire Department, Fire Safe Council and Sherwood Fire Safe Council to discuss how they are prepared for this year’s fire season.  Vice Mayor Kanne commented – Women’s History Month – the City currently has three women on the City Council and has recently met Carol Thornton, the first woman that ran, but did not win, for a seat on the Willits City Council, and now some 40 years later the women dominate the Willits City Council.

13. Closed Session Notice
No Closed Session took place at tonight meeting.

14. Adjournment
Mayor Rodriguez declared the meeting adjourned at 7:32 p.m. _____________________________
SAPRINA RODRIGUEZ, Mayor
City Council for the City of Willits
ATTEST:
__________________________

CATHY MOORHEAD
Deputy City Manager/City Clerk
Item No. 5c
Meeting Date: March 23, 2022

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT RESOLUTION APPOINTING REPRESENTATIVES TO REPRESENT AND VOTE ON BEHALF OF THE CITY AT THE LEAGUE OF CALIFORNIA CITIES’ REDWOOD EMPIRE DIVISION

BUSINESS MEETINGS AND DIVISION LEGISLATIVE COMMITTEE MEETINGS Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: N/A Summary of Request: The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. These officials set League policies and priorities from member cities who serve on the League Board of Directors, League policy committees, regional division boards, departments, caucuses, and task forces.

The City is an active member of the Redwood Empire Division of the League. Pursuant to the Division’s Bylaws, the City must appoint one elected official to attend and represent the city at Division Business meetings and Legislative Committee meetings, who can vote on behalf of the City, as well as an alternate elected official in the event the regular member is not available to attend. At the January 12, 2022 City Council meeting, Mayor Rodriguez appointed Councilmembers Gerry Gonzalez as the representative and Larry Stranske as the alternate.

Recommended Action: Adopt resolution appointing representatives to represent and vote on behalf of the City at the League of California Cities’ Redwood Empire Division Business Meetings and Division Legislative Committee Meetings.

Alternative(s): N/A
Fiscal Impact: N/A
Personnel Impact: N/A
Reviewed by: City Manager City Attorney Finance Director Human Resources Risk Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2022-____ Page 1 of 1 March 23, 2022
RESOLUTION NO. 2022-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPOINTING

REPRESENTATIVES TO REPRESENT AND VOTE ON BEHALF OF THE CITY AT THE LEAGUE OF

CALIFORNIA CITIES, REDWOOD EMPIRE DIVISION BUSINESS MEETINGS AND REPRESENT THE

CITY AND VOTE AT DIVISION LEGISLATIVE COMMITTEE MEETINGS WHEREAS, the City is a member of the League of California Cities, an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities; and WHEREAS, mayors, council members, and other officials set League policies and priorities from member cities who serve on the League Board of Directors, League policy committees, regional division boards, departments, caucuses, and task forces where League policies and priorities are formulated and set; and
WHEREAS, the City is an active member of the Redwood Empire Division of the League of California Cities; and
WHEREAS, the Redwood Empire Division By-laws, Article III, Section 3, states representatives of each member city shall cast one vote by city; and
WHEREAS, the Redwood Empire Division By-laws, Article VIII, creates a Redwood Empire Division Legislative Committee to review and respond to bills that impact Redwood Empire Cities; and WHEREAS, the City must appoint one elected official to attend and represent the city at Division Business meetings and Legislative Committee meetings, who can vote on behalf of the City; and WHEREAS, an alternate elected official should be appointed to represent the City in the event the regular member is not available to attend.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits appointments from January 2022 to December 2022 to the Redwood Empire Division are, as follows:

Division Business Meeting Primary: Gerardo Gonzalez
Division Business Meeting Alternate: Larry Stranske
Legislative Committee Primary: Gerardo Gonzalez
Legislative Committee Alternate: Larry Stranske
The above and foregoing Resolution was introduced by Councilmember ________, seconded by Councilmember __________, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 23rd day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits

CATHY MOORHEAD
Deputy City Manager/City Clerk
Item No. 8a
Meeting Date: March 23, 2022

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A HANGAR OWNED BY REACH AIR MEDICAL SERVICES AT WILLITS MUNICIPAL AIRPORT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: REACH Air Medical Services (8880 Cal Center Dr., Suite 125, Sacramento, CA 95826) seeks approval to construct a dedicated hangar to support their existing facility (REACH 18) at the Willits Municipal Airport. REACH intends to configure the proposed hangar to shelter a helicopter from the weather and ease maintenance tasks on the rotary-wing aircraft. The hangar would be adjacent to REACH’s administration building situated to the south of the Airport’s Main Access Gate.

REACH through this request is committed to strengthening their presence at the Willits Airport as their representative communicated their willingness to start reimbursing the City for the land lease prior to actually having a hangar constructed.

As explained at the January 26th when the City Council considered a similar request to construct a privately owned hangar, there are additional steps before construction can start. The City will need to present a request to the FAA for the agency to amend the adopted Airport Layout Plan (February 2017) to show the proposed development. The plan does not show placement of any structures in the subject area. The City’s consultant, Mead & Hunt would receive the directive to prepare the amendment request. Finally, the Council will review and consider a private Hangar Lease with applicable terms including the term length and rent amount.

Recommended Action: Adopt the accompanying Resolution to approve the construction of a hangar owned by REACH Air Medical Services at Willits Municipal Airport in the general location as illustrated in the Mapping Exhibit.

Alternative(s): None.

Fiscal Impact: There is the expense of approximately $1,000 to retain Mead & Hunt to prepare the Airport Layout Plan amendment to the FAA.

Personnel Impact: Minimal during this administrative phase of the project.

Reviewed by: City Manager City Attorney City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2022- Page 1 of 2 March 23, 2022
RESOLUTION NO. 2022-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING THE

CONSTRUCTION OF A HANGAR OWNED BY REACH AIR MEDICAL SERVICES AT WILLITS MUNICIPAL AIRPORT.

WHEREAS, the City of Willits owns and operates Willits Municipal Airport-Ells Field occupying 91-acres on three separate parcels identified with Assessors Parcel Numbers of 037- 160-51-05, 038-020-32-05, and 037-160-62-00; and
WHEREAS, the Willits Municipal Airport supports general aviation activities in Mendocino County and throughout Northern California; and WHEREAS, REACH Air Medical Services operates a facility (REACH 18) consisting of an administration building and a helicopter parking pad to support their air ambulance operations; and
WHEREAS, REACH Air Medical Services requires a dedicated hangar to shelter their helicopter from severe weather, perform maintenance, and store parts; and WHEREAS, the Willits Municipal Airport has space to accommodate the proposed hangar in the identified location without impeding other airport activities.

NOW, THEREFORE BE IT RESOLVED, the Willits City Council does hereby approves the construction of a hangar owned by REACH Air Medical Services at Willits Municipal Airport as illustrated in the Mapping Exhibit condition upon the following:
a. REACH Air Medical Services of 8880 Cal Center Dr., Suite 125, Sacramento, CA 95826 is the only recipient of the approval granted by the City Council. b. The FAA approves the City’s request to amend the Airport Layout Plan to accommodate the hangar.
c. The City Council must review and approve a subsequent Hangar Lease. d. The applicant obtains all necessary building approvals.

The above and foregoing Resolution was introduced by Councilmember __________ seconded by Councilmember ____________ and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the, 23rd day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. 2022- Page 2 of 2 March 23, 2022
_________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
ATTEST:
_________________________

CATHY MOORHEAD
Deputy City Manager/City Clerk

APPROXIMATE NEW HANGAR LOCATION
For City Council Review - March 23, 2022

POPPY DRIVE
Date: March 23, 2022
To: Honorable Mayor and Council Members
From: Brian P. Bender, City Manager
Subject: City Council Meeting Agenda Item #8b
The packet contains a preliminary ordinance revising conditions for the licensure of tobacco retailers operating within the City. The intent of its inclusion affords the Council the opportunity to get familiar with the ordinance as well as enabling the Tobacco Prevention Coalition to respond to any questions/comments. The Coalition supports the revised ordinance to prohibit the marketing and availability of flavored tobacco products to minors.

At this time, staff is not seeking the Council to proceed with adoption.

This contradicts earlier remarks indicating the Council would receive an ordinance for initial review on March 23rd before proceeding to subsequent adoption. After discussing the matter with City Attorney, Jim Lance we agreed to postpone Council action on the proposed ordinance until the clarification of several items relating to its composition. These items will strongly influence the ordinance’s overall effectiveness and interpretation. The most prominent being how the County Board of Supervisors (BOS) responds when they consider a similar ordinance in April. Mr. Lance and I are aware there is a possibility that the BOS will review an ordinance with changes to key provisions that Mr. Lance was unable to obtain from County attorneys at this time. We decided it was sensible to delay the City’s ordinance until the BOS acted and we had the chance to review and advise the Council of any variances (if any). The delay allows us to ensure the ordinances are consistent to aid coordination with the County especially regarding enforcement. Concerning enforcement, the County is preparing to release an RFP asking local agencies if they want to lead these efforts (or other forms of assistance) in their areas. This would include youth buying surveys.

The delay enabled Mr. Lance to make corrections requested by the Coalition with the most pronounced being the elimination of the parenthetical exclusion to cigarettes in subsection (f) to the definition of “flavored tobacco product”. The accompanying ordinance includes the described corrections.

Staff anticipates having a conclusive ordinance ready for adoption within the next several weeks.

Memorandum 111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
City Manager’s Office

Page 1 ends

ORDINANCE NO. ____
ORDINANCE REPEALING AND REPLACING CHAPTER 8.24 OF THE CITY OF WILLITS

MUNICIPAL CODE REGARDING LICENSURE OF TOBACCO RETAILERS Sec. 8.26.01 - Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
(a) “Agency” means the County Health and Human Services Agency, Public Health Branch or the duly authorized designee of the County Health and Human Services Agency, Public Health Branch.
(b) “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an Arm’s Length Transaction. (c) “Characterizing Flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product, including, but not limited to, tastes or aromas relating to any fruit, menthol, mint, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of the ingredient information. (d) “Compliance Check” means the process in which the Agency sends a Youth Decoy into a Tobacco Retailer’s establishment to attempt to purchase a Tobacco Product. (e) “Electronic Nicotine Delivery Systems (ENDS)” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. (f) “Flavored Tobacco Product” means any tobacco product that contains a constituent that imparts a characterizing flavor
(g) ”Hearing Officer” means an impartial Hearing Officer assigned by the City Manager or the City Manager's designee (hereafter, "the Manager"), who is not an employee or officer of the City, and who is qualified by training and experience to conduct such an adjudicatory hearing.
(h) “Person” shall mean any person, firm, partnership, trust, estate, association, corporation, or organization of any kind. Where a principal acts through an agent, the word "person" shall include both such principal and agent.

Page 2 ends

(i) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
(j) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.
(k) “Tobacco Product” means:

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

2. Any Electronic Nicotine Device System (ENDS) that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Including any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

3. Notwithstanding any provision of subsections 1. and 2. to the contrary, “Tobacco Product” includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marked and sold solely for such an approved purpose.
(l) “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or Tobacco Products: "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or Tobacco Products sold, offered for sale, exchanged, or offered for exchange.
(m) “Youth Decoy” shall refer to a participant in a compliance check who is under the minimum age required for purchase pursuant to state and federal laws, reasonably appears under the same minimum age and who has participated in the Mendocino County Public Health Branch training for youth involved with the tobacco control program compliance surveys.

Sec. 8.26.015 - Sales of Flavored Tobacco Product Prohibited. (a) It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to Sell or offer for Sale, or to possess with intent to Sell or offer for Sale, any Flavored Tobacco Product within the City of Willits.

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(b) There shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including, but not limited to, individual Flavored Tobacco Products, Packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to Sell or offer for Sale. (c) There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a Tobacco Retailer, Manufacturer, or any employee or agent of a Tobacco Retailer or Manufacturer has:

1. made a public statement or claim that the Tobacco Product imparts a Characterizing Flavor;

2. used text and/or images on the Tobacco Product’s Labeling or Packaging to explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing Flavor; or

3. taken action directed to Consumers that would be reasonably expected to cause Consumers to believe the Tobacco Product imparts a Characterizing Flavor.

Sec. 8.26.020 - Requirement for Tobacco Retailer License. (a) It shall be unlawful for any Person to act as a Tobacco Retailer within the City of Willits without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Chapter for each location at which that activity is to occur. No license may be issued to authorize Tobacco Retailing at other than a fixed location. (b) The payment of the license fee designated in Section 8.26.060 confers paid status upon a license for a term of one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the payment term.
(c) A Person selling Tobacco Products within the City of Willits without a valid tobacco retailer license, including a Person whose privilege to sell tobacco products has been suspended or revoked:

1. Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a license under Section 8.26.090 and will incur administrative fines in accordance with

8.26.100.

2. Shall not display any advertising relating to Tobacco Products that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (d) Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the City of Willits identified on the face of the permit. For example, nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Labor Code §6404.5.
(e) It is the responsibility of each Tobacco Retailer to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's

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license. No Retailer may rely on the issuance of a license as a determination by the Manager that the Retailer has complied with all laws applicable to Tobacco Retailing.

Sec. 8.26.030 - Application Procedure.
(a) Application for a Tobacco Retailer's license shall be submitted to the Manager in the name of each Person proposing to conduct retail tobacco sales and shall be signed by each Person or an authorized agent thereof on an annual basis. It is the responsibility of each Person to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Person may be revoked pursuant to Section 8.26.090(h) of this Chapter. All applications shall be submitted on a form supplied by the Agency and shall contain the following information:

1. The name, address, and telephone number of each Person.

2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's License is sought.

3. The name and mailing address authorized by each Person to receive all licenserelated communications and notices (the "Authorized Address"). If an Authorized Address is not supplied, each Person shall be understood to consent to the provision of notice at the business address specified pursuant to subparagraph 2 above.

4. Whether or not any Person has previously been issued a City of Willits license pursuant to this Chapter, or former Chapter 8.24, that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.

5. Such other information as the Manager deems necessary for the administration or enforcement of this ordinance.
(b) All licensed Tobacco Retailers shall inform the Manager in writing of any change in the information submitted on the application for a Tobacco Retailer’s license within 14 days of a change.

Sec. 8.26.040 - Issuance of License.

Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the Manager shall issue a license unless substantial evidence demonstrates one or more of the following bases for denial exists:
(a) The information presented in the application is incomplete, inaccurate, or false.

Intentionally supplying inaccurate or false information shall be a violation of this Chapter. (b) The application seeks authorization for Tobacco Retailing by a Person for which or whom a suspension is in effect pursuant to Section 8.26.090 of this Chapter or former Chapter 8.24; or by a Person which or who has had a license revoked pursuant to Section 8.26.090 of this Chapter or former Chapter 8.24.

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(c) The Tobacco Retailer at the time of the application is indebted to the City for any delinquent license fees or fines pursuant to this Chapter, unless such licensee, with the consent of the Manager enters into a written agreement with the City to pay such delinquent fees in at least monthly installments extending over a period not to exceed one year and is current with said installment payments.
(d) The Tobacco Retailer has violated this Chapter or any other tobacco control law three (3) or more times within the previous sixty (60) months.

Sec. 8.26.050 - Display of License.

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

Sec. 8.26.060 - Fees for License.

The fee to issue or to renew a Tobacco Retailer's license shall be paid annually and shall be established by resolution of City Council of the City of Willits. The fee shall be calculated so as to recover the cost of administration and enforcement of this Chapter, including, for example, issuing a license, administering the license program, and, if applicable, retailer education, retailer inspection and compliance checks, documentation of violations, and enforcement, but shall not exceed the cost of the regulatory program authorized by this Chapter. Annual fees shall not be pro-rated or refunded during the course of the year.

The City may charge a re-inspection fee to offset the additional staff time required to handle non-compliant businesses. Additional inspections thereafter will be billed based on actual costs incurred.

Sec. 8.26.070 - Licenses Nontransferable.

A Tobacco Retailer's license is nontransferable from one Person to another or from one location to another. Whenever a Tobacco Retailing location has a change in ownership, a new Tobacco Retailer’s license is required.

Sec. 8.26.080 - License Violation.

VIOLATION OF LAWS RELATED TO TOBACCO PRODUCTS. It shall be a violation of a Tobacco Retailer's license for a Person or his or her agent or employee to violate any local, state, or federal tobacco-related laws regarding the sales, advertising or display of Tobacco Products, including, but not limited to, the Stop Tobacco Access to Kids Enforcement Act (“STAKE Act”), California Businesses and Professions Code section 22958, and California Penal Code section 308.

Sec. 8.26.085 - Compliance Monitoring.

The City anticipates that compliance checks of each Tobacco Retailer will be conducted at least two (2) times during each twelve-month period by the Agency or its designee(s).

Retailers may be subject to additional inspections based on random selection, past violation(s) or complaints. Nothing in this paragraph shall create a right of action in any licensee or other Person against the City, the Agency or their agents. Compliance checks shall be carried out in an effort to enforce any local, state or federal law related to tobacco sales,

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especially those related to a minimum age for tobacco purchases or possession. The City shall not enforce any tobacco-related minimum-age law against a person who otherwise would be in violation of such law because of the person's age (hereinafter "Youth Decoy") if the violation occurs when:
(a) the Youth Decoy is participating in a compliance check supervised by a law enforcement official, a code enforcement official, or any peace officer; or (b) the Youth Decoy is participating in a compliance check funded or supervised in any part by the County, the City, or, funded or supervised in any part by the California Department of Health Services.

Sec. 8.26.090 - Suspension, Termination or Revocation of License. (a) TOBACCO RETAILING WITHOUT A VALID LICENSE. In addition to any other penalty authorized by law, including the application of Administrative Fines under Section

8.26.100, if the City finds based on a preponderance of the evidence, after notice and an opportunity to be heard pursuant to section 8.26.090(d) that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s license, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s license as follows:

1. After a first violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until one (1) year has passed from the date of the violation.

2. After a second violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until three (3) years have passed from the date of the violation.

3. After a third violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location unless ownership of the business at the location has been transferred in an Arm’s Length Transaction. (b) VIOLATION OF MINIMUM AGE LAWS RELATED TO TOBACCO PRODUCTS:

SUSPENSION, REVOCATION. In addition to any other remedy authorized by law after notice and opportunity to be heard pursuant to section 8.26.090(d), a Tobacco Retailer’s license may be suspended or revoked as provided in this section if the Manager finds, based on a preponderance of the evidence, that the licensee, or any of the licensee’s agents or employees, has violated tobacco-related laws as indicated in Section 8.26.80. A Tobacco Retailer shall also be charged the following fines. All administrative penalties resulting from violation of this Chapter and collected by the City shall be maintained in a fund specifically designated for compliance monitoring, enforcement efforts and education related to the sale of Tobacco Products to youth.

1. Upon a finding by the City of a first license violation within any thirty-six (36) month period, the Person shall receive a letter of reprimand from the City which shall advise the Person that if the Person trains all sales employees at the location of the sale in the laws pertaining to the sale of Tobacco Products to persons under the minimum age allowed by state law to purchase Tobacco Products, and

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techniques to ensure future compliance, no penalty will be imposed. Person must submit to the Manager, within 30 days, an affidavit signed by Person and the sales employees that said training has been completed. If Person fails to timely submit the affidavit, City shall impose a fine of one thousand dollars ($1,000.00) for a first violation in any thirty-six (36) month period.

2. Upon a finding by the City of a second license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of two thousand dollars ($2,000.00) and the Person's license shall be suspended for twenty-one (21) days.

3. Upon a finding by the City of a third license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of five thousand ($5,000.00) and the Person's license shall be suspended for sixty (60) days.

4. Upon a finding by the City of a fourth license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of ten thousand dollars ($10,000.00) and the Person's license shall be suspended for one hundred eighty (180) days.

5. Upon a finding by the City of a fifth or subsequent license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of twenty thousand dollars ($20,000.00) and the Person's license shall be revoked for not less than one year.
(c) NO DISPLAY OR ADVERTISING. During any period of suspension or revocation the licensee:

1. Shall remove all Tobacco Products from public view. Failure to do so shall result in an administrative fine pursuant to Section 8.26.100, with each day constituting a separate violation.

2. Shall not display any advertising relating to Tobacco Products that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. Failure to do so shall result in an administrative fine pursuant to Section 8.26.100, with each day constituting a separate violation. (ci) NOTICE OF INTENDED DECISION. Upon the existence of any of the grounds for ineligibility, denial, suspension, or revocation of a license pursuant to this chapter, the City shall issue to the license applicant or holder a notice of intended decision. The notice of intended decision shall state the grounds upon which the denial, revocation, or suspension is based. The notice of intended decision shall specify the effective date of the action. The notice of intended decision shall advise the license applicant or holder that the suspension or revocation shall become final unless the person files a written request for administrative review within 10 calendar days of the date of service of the notice of intended decision.
(cii) SERVICE PROCEDURES. The City’s decision to impose a suspension or revocation may be served by personal service or by certified mail, postage prepaid with a return receipt requested. Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested. Certified and first class mail will be addressed to the Tobacco Retailer at the address shown on the license application. If the decision is sent by certified mail and returned unsigned, then service shall be deemed effective

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pursuant to first claim mail, provided the decision sent by first class mail is not returned by the United States Postal Service undelivered. In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first class mail, the date of service shall be the date upon which such mail was deposited in the United States Mail with postage prepaid, plus five days.
(f) TERMINATION OF LICENSE FOR FAILURE TO PAY RENEWAL FEES. A Tobacco Retailer's license which is not timely renewed pursuant to §8.26.020(b) shall automatically be deemed terminated by operation of law.
(g) REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under §8.26.040 existed at the time application was made or at any time before the license issued. The decision by the City shall be the final decision of the City. The revocation shall be without prejudice to the filing of a new application for a license.
(h) REVOCATION OF LICENSE OBTAINED UNDER FALSE PRETENSES. Tobacco Retailers whose licenses are obtained under false pretenses shall have their license revoked. This revocation shall be with prejudice. One calendar year must elapse between any revocation pursuant to this subsection and any subsequent application. (i) APPEAL OF SUSPENSION, PENALTIES OR REVOCATION. Requests for appeal must be filed with the City within ten (10) calendar days from the date of a properly served decision under 8.26.090(e). With respect to suspensions or revocations, if such an appeal is timely made it shall stay enforcement of the appealed action. An appeal is not available for a revocation made pursuant to 8.26.090(f) above. The City may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Chapter; provided a timely appeal has been filed.

Settlements shall not be confidential.

Sec. 8.26.100 - Administrative Fine.
(a) GROUNDS FOR FINE. If the City finds, based on a preponderance of the evidence, that any unlicensed person, including a person named on a revoked or suspended license, has engaged in Tobacco Retailing without a valid license, including the failure to remove Tobacco Products from public view and failure to remove advertising promoting the sale of Tobacco Products, the City shall fine that Person:

1. a fine not exceeding one hundred dollars ($100) for a first violation in any thirty-six (36) month period; or

2. a fine not exceeding two hundred dollars ($200) for a second violation in any thirtysix (36) month period; or

3. a fine not exceeding five hundred dollars ($500) for a third or subsequent violation in any thirty-six (36) month period.

Each and every day a violation of this provision exists shall constitute a separate violation. (b) NOTICE OF VIOLATION. A notice of violation and of intent to impose a fine shall state the basis of the City's determinations as identified below and include an advisement of the

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right to appeal. Any appeal must be made in accordance with the procedure identified in Section 8.26.105 below. The notice of violation shall contain the following:

1. The name and address of the responsible Tobacco Retailer;

2. The basis of the City’s determinations;

3. A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;

4. A statement explaining that the fine is effective immediately with the understanding that any subsequent Notice of Violation would be considered a repeat violation subject to a higher penalty;

5. Identification of appeal rights, including the time within which the Notice of Violation may be contested.
(c) SERVICE OF NOTICE OF VIOLATION. The notice of violation and of intent to impose a fine may be served by personal service or by certified mail, postage prepaid with a return receipt requested. Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested. Certified and first class mail will be addressed to the Tobacco Retailer at the address shown on the license application. If the decision is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first claim mail, provided the decision sent by first class mail is not returned by the United States Postal Service undelivered. In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first class mail, the date of service shall be the date upon which such mail was deposited in the United States Mail with postage prepaid, plus five days.
(d) IMPOSITION OF FINE. If no appeal is timely received, the City's determination on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) calendar days of written demand made in the manner specified above for a notice of violation. If the fine is not paid within that time, the fine may be collected, along with interest at the legal rate, in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, the Person or Persons subject to the fine shall also be liable for the costs of the suit and attorney's fees incurred by the City in collecting the fine.
(e) FAILURE TO PAY FINE. The City may impose any remedy authorized by law to collect the administrative fine if not paid timely pursuant to the provisions of this Chapter.

Sec. 8.26.105. Appeal Procedure.

Whenever this Chapter provides for a right to appeal, the recipient must give notice to the City within 10 calendar days from the date of service by providing a document in writing, bearing the title, “Appeal of Tobacco Retail Decision”, containing the name, address, and phone number of the appellant and the grounds on which the decision is being contested. (a) The notice of appeal shall be accompanied by an advance deposit in the amount of the total administrative penalty. If the City Council has established a hearing fee, the hearing fee shall also be provided.

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(b) Any notice of appeal filed without providing the advance deposit and hearing fee (if applicable) shall be deemed incomplete.
(c) The City, upon receiving a timely and properly filed appeal, shall then cause the matter to be set for hearing before a Hearing Officer by notifying the Hearing Officer directly. (d) A hearing before a Hearing Officer shall be set for a date that is not less than ten (10) and not more than (30) days from the date that the notice of appeal is filed. (e) The Hearing Officer, or the Manager in cooperation with the Hearing Officer, shall notify the parties in writing, at least ten (10) days prior to the hearing date, of the date and location of the hearing. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.
(f) At the prescribed time and place, the Hearing Officer shall consider relevant evidence from all parties as to whether the violation of tobacco-related laws occurred. The City’s notice of violation, intended decision and any additional documents submitted by the City or by the Agency shall constitute prima facie evidence of the respective facts contained in those documents.
(g) Parties may choose to be represented by an attorney. However, the Administrative Procedure Act (commencing with Government Code Section 11500) shall not be applicable to such hearing nor shall formal rules of evidence in civil or criminal proceedings be applicable.
(h) The failure of any appellant to appear at the scheduled hearing shall constitute an abandonment of the appeal.
(i) The Hearing Officer may continue the hearing and request additional information from the parties prior to issuing a written decision.
(j) The City has the burden of proving by a preponderance of the evidence that the alleged violation occurred.
(k) Following conclusion of the hearing and based on the evidence before it, the Hearing Officer shall prepare a written decision that either grants or denies the appeal, contains findings of facts and conclusions of law in support of the Hearing Officer’s decision to impose fines, a license suspension, condition or some combination thereof. The Hearing Officer’s written decision shall be the final decision of the City and shall become final upon the date notice thereof is mailed to the appellant by certified mail. (l) If the Hearing Officer determines that the Tobacco Retail Decision shall be upheld, then the fine amount identified, or as otherwise adjusted by the Hearing Officer, shall be immediately collectable by the City. If the Hearing Officer determines the Tobacco Retail Decision should not be upheld, the Hearing Officer shall order the Citation dismissed, and the City shall return the advance deposit.

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(m) Any determination of the Hearing Officer shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

Sec. 8.26.110 - Enforcement.

The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(a) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation.
(b) In addition to the administrative enforcement procedures provided by this Chapter, violations of this ordinance may, at the discretion of the District Attorney, be prosecuted as misdemeanors.
(c) Violations of this ordinance are hereby declared to be public nuisances. (d) Violations of this ordinance are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
(e) In addition to other remedies provided by this Chapter or by other law, any violation of this ordinance may be remedied by a civil action brought by the City Attorney or the District Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (f) Any Person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future such violations or to recover such actual damages as he or she may prove.
(g) Any person who is found to have violated this Chapter shall be liable for such costs, expenses and disbursements paid or incurred by the City or any of its contractors in the correction, abatement, prosecution of, or administrative hearing, on the violation. Reinspection fees to ascertain compliance with previously noticed violations shall be charged to the owner of the establishment and may be set by the City Council in the City's Master Fee Schedule.

Sec. 8.26.120 - Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Willits hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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PASSED AND ADOPTED by the City Council of the City of Willits , on this ____ day of January, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

WHEREUPON, the Mayor declared the Ordinance passed and adopted and SO ORDERED.

ATTEST: Cathy Moorhead City
Clerk
_____________________________
APPROVED AS TO FORM:

H. James Lance
City Attorney
_____________________________
______________________________
________________________________
__________________, Mayor
Willits City Council
I
Item No. 9a
Meeting Date: February 23,2022

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director/City Treasurer Agenda Title: FISCAL YEAR 2021-2022 MID YEAR BUDGET AMENDMENTS Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 25 min.

Summary of Request:

Recommended Actions: Staff recommends that the City Council of the City of Willits authorize and approve the Director of Finance to increase appropriations for FY 2021-22 within various accounts as incorporated in Exhibit A.

Background: As part of the mid-year budget review process, departments were directed to review their budgets and were asked to identify operational issues or changes that would impact the remainder of the fiscal year. The proposed amendments are being brought forward for Council consideration.

A specific appropriation is an act by which a named sum of money is set apart in the treasury and made available for the payment of particular claims or demands. The City may accomplish this by adopting a budget or passing an appropriations ordinance or resolution. If a proposed appropriation exceeds the amount estimated in the budget for such an expenditure, the City Council should amend the budget to allow for such an appropriation, except where the legal authority to make such amendments was delegated by the Council.

Analysis: Proposed budget appropriation amendments are recommended in the General Fund in Salaries in the City Hall, Administration, Finance, Planning, Cannabis and Building Maintenance Departments. Also recommended are amendments to the Human Resources Department, Police Administration, Redevelopment Successor Agency Fund, Airport Fund, Sewer Fund and Water Fund.

To summarize these appropriation requests of $318,334 in Expenses and $884,896 in Revenues are as follows:
• $584,896 is revenue appropriations in the General Fund to record revenues from the American Rescue Plan Act.
• $328,334 is revenue adjustments to record an expected increase in Tax Revenues. • $263,650 is for expense appropriations for Human Resources. • $39,684 is for expense appropriations to fund 1.0 FTE for City Clerk and change 1.0 FTE to fund an Assistant City Manager for the remainder of the fiscal year. • $25,000 is for expense appropriations for Police Administration. • $48,799 is for expense appropriations in Enterprise Funds which is covered by re-appropriating $50,000 in existing appropriations.
• $2,145 is for expense appropriations in the Redevelopment Agency that are restricted for specific purposes.

Attachments:

1. Resolution authorizing the Proposed Budget Appropriation Amendments for FY 2021-22.

2. Exhibit A – Proposed FY 2021/22 Budget Appropriation Amendments Recommended Action: Approve FY 2021-22 Mid-Year Budget Adjustments. Staff will be able to use dedicated funding sources, additional revenues, and Fund Balances to cover changes in appropriations and pay for salary increases.

Alternative(s): None recommended.

Fiscal Impact: All ongoing appropriations are covered with existing increases in ongoing tax revenues.

No one time funding was utilized to cover ongoing costs.

Personnel Impact: Minimal.

Reviewed by: City Manager City Attorney City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2022-__ Page 1 of 1 March 23, 2022
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING AND

APPROVING THE DIRECTOR OF FINANCE TO INCREASE APPROPRIATION FOR FY 2021-22 WITHIN VARIOUS ACCOUNTS AS INCORPORATED IN EXHIBIT A WHEREAS, the City Council of the City of Willits Adopted the Fiscal Year 2021/2022 Budget; and,
WHEREAS, the city Council has the Authority to amend the budget; and, WHEREAS, the departments were directed to review their budgets and were asked to identify operational changes that would impact the remainder of the fiscal year; and WHEREAS, he City Manager has reviewed and recommended the operational changes to be brought forward to the City Council for consideration; and WHEREAS, the restricted funds would only be used in a manner consistent with restrictions; and.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits that the foregoing recitals are true and correct and that it does hereby authorize and approve the increase of appropriations within the budget, the augmentation of the Assistant City Manager position and the increase of 1.0 FTE under the position of the City Clerk for the FY 2021-22 within various accounts as incorporated in Exhibit A.

BE IT FURTHER RESOLVED that the Director of Finance is authorized to make any administrative adjustments necessary to process the amendments in accordance with generally accepted accounting principles.

The above and foregoing Resolution was introduced by Councilmember _____seconded by Councilmember____, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 23rd day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
_______________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits

CATHY MOORHEAD
Deputy City Manager/City Clerk
Attachment: Exhibit A FY 21-22 Mid-Year Amendments
General Fund Revenues
100.1000.7250.000 Miscellaneous 584,896 To record the receipt of ARPA Federal Funds 100.1000.1300.000 Sales Taxes 300,000 To record higher then expected Sales Tax Revenue 100.1000.1400.000 Transient Occupancy Taxes 28,334 To record higher then expected Transient Occupancy Tax Revenue Total increase in General Fund Revenue Amendments 913,230 General Fund ExpendituresSalaries and Benefits
100.1001.1001.000 Salaries 15,552 Adjust 1.0 FTE to Assistant City Manager add 1.0 FTE to City Clerk 100.1002.1001.000 Salaries 9,653 Adjust 1.0 FTE to Assistant City Manager add 1.0 FTE to City Clerk100.1003.1001.000 Salaries 2,145 Adjust 1.0 FTE to Assistant City Manager add 1.0 FTE to City Clerk100.1010.1001.000 Salaries 2,145 Adjust 1.0 FTE to Assistant City Manager add 1.0 FTE to City Clerk100.1012.1001.000 Salaries 2,681 Adjust 1.0 FTE to Assistant City Manager add 1.0 FTE to City Clerk100.1016.1001.000 Salaries 7,508 Adjust 1.0 FTE to Assistant City Manager add 1.0 FTE to City ClerkTotal Salaries & Benefits 39,684 Reduction in Salaries & Benefits Services & Supplies100.1005.2015.000 Communications (250) Move Appropriation to Dues & Subscriptions 100.1005.2050.000 Dues & Subscriptions 500 Increase Appropriations using existing Appropriations from other line items 100.1005.2061.013 Personnel Costs (250) Move Appropriation to Dues & Subscriptions 100.1005.2061.000 Benefits Costs (15,000) Move Appropriation to Police Personnel Costs 100.1005.2061.013 Personnel Costs (24,750) Decrease Appropriations by $21,350 move remaining to other line items 100.1005.2061.010 Legal 50,000 Increase into Attorney Fees 100.1005.2195.000 Miscellaneous 250,000 Increase for Labor and Consultation 100.1005.2105.000 Transportation and Travel 2,000 Increase Appropriations using existing Appropriations from HR 100.1005.2108.000 Trainings 400 Increase Appropriations using existing Appropriations from HR100.1005.2199.000 Other Services & Supplies 1,000 Increase Appropriations using existing Appropriations from HR100.1020.2061.013 Personnel Costs 15,000 Increase Appropriations using existing Appropriations from HR100.1020.2044.000 Vehicle Operations 10,000 Increase Appropriations due to increase in vehicle operationsTotal Service and Supplies additional expenditures 288,650 Total General Fund Expenditure Amendments 328,334
Total Reductions in General Fund Budget Amendments (584,896) Exhibit "A"

CITY OF WILLITS
Mid‐Year Budget Review
General Fund
BUDGET AMENDMENTS 2021-2022

Page 1 of 2 ends

Item No. 9b
Meeting Date: March 23, 2022

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Rod Wilburn, City Engineer
Agenda Title: DISCUSSION AND POSSIBLE ACTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE BLOSSER LANE REHABILITATION PROJECT, PHASE I, PROJECT NO. 2022-02.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 min.

Summary of Request: Blosser Lane has been identified as one of the top priority streets for rehabilitation for several years. The purpose of the proposed project is to reconstruct the failing roadway and enhance the streetscape to better accommodate motorized and non-motorized travel along Blosser Lane, along with increasing pedestrian safety near the elementary school. The ultimate goal is to completely reconstruct the roadway along the full length of Blosser Lane and to create a continuous, accessible pedestrian path between the school and Highway 20. Due to the size of the project, it would be difficult to construct the entire length of the project between school years. Council and staff have determined that phasing the project is the best approach to minimize impacts to the community. The first phase extends between the southern city limits and the railroad tracks, with the second phase continuing north to the Highway 20 intersection.

Phase I includes the installation of new curb, gutter, and sidewalk along the entire eastern side, and a portion of the western side, of Blosser Lane. New, enhanced pedestrian crossings, which include bulbouts, will be constructed near Blosser Lane School. The roadway will be fully rebuilt by excavating approximately 17 inches of the surface and replacing it with 12 inches of base and 5 inches of asphalt. A small amount of storm drain and two drainage structures will be replaced, along with one sewer lateral and clean out. The water and sewer mains on Blosser Lane appear to be in good shape and do not require replacement as part of this project. The road corridor will be further enhanced by the installation of twelve street trees on the east side, between the sidewalk and the industrial area. An existing water service will be replaced and upgraded to accommodate irrigation for the new street trees. Two new water services will also be installed to supply water to the west side of the street for future tree plantings.

Funding for the street trees will be provided by the Urban Forestry Grant.

In anticipation of increased traffic speed after paving, and to enhance pedestrian safety at the new school crossings, traffic calming measures have been included in the design. The proposed chicane, between Robert Drive and the entrance to Blosser Lane Elementary School, will feature a mountable, center median and decorative bulb-outs to slow traffic as it approaches the school. Appropriate signage, striping, and pavement markings will also be incorporated.

The project ends just south of the railroad right of way. Staff will be working cooperatively with the California Western Railroad (Skunk Train) to address the railroad crossing with the second phase of the project (along with potentially improving other crossings throughout town). The goal will be to complete the second phase of the project within three years of the completion of Phase I.

Staff has met with the Skunk Train, school officials, and several other adjacent property owners to discuss the project. The Skunk Train and school expressed support for the project and offered their cooperation. Every effort will be made to complete final paving prior to the start of the new school year to avoid impacts to school traffic. Staff will continue to work with adjacent property owners to ensure minimal impacts during construction.

The proposed contract length is 45 calendar days, with a projected start in early June. The Engineer’s Estimate for this project is $944,492.

Recommended Action: Authorize advertisement for bids for the Blosser Lane Rehabilitation Project, Phase I (Project 2022-02). .

Alternative(s): No alternatives are recommended at this time.

Fiscal Impact: This project is scheduled to begin in early June. The total cost of the project, with a 10% contingency, is estimated at $1,038,942. Of that total, it is anticipated that $980,042 would need to be allocated from the transportation fund (202), $2,500 from the sewer fund, and $26,400 from the water fund, and $30,000 from the Urban Forestry Grant. The FY21/22 budget allocated $500,000 in the current fiscal year, which includes $50,000, each, from water and sewer. $1.1 million in additional funds are earmarked in FY22/23 in the Capital Improvement Plan for the total project. When the final bids are received, the amount to be budgeted for in FY22/23 will be adjusted to cover what remains.

Personnel Impact: Significant engineering staff time will be required for bid administration, contracting, construction management, construction inspection, construction staking, and construction engineering.

Reviewed by: City Manager City Attorney City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________

BLOSSER REHABILITATION PROJECT, PHASE I - OVERVIEW

Monthly Achievements & Activities
• Published the RFQ to update the fuel distribution system in trade journals and sent to contractors who provide these services.
• Staff held the quarterly Airport Tenant Meeting to update tenants and shareholders on the status of pending projects.
• Conducted several hangar inspections for fire safety and FAA grant assurance compliance.

Project Updates
• Obtaining quotes for a security camera system to remotely monitor the traffic at the airport and help protect assets, such as the fuel station and pilot shack. • Composing plans to convert the current restrooms into an ADA compliant family style restroom with new fixtures and lighting. The current facility has structural issues. • Repaired the main electric gate allowing vehicle access. It is currently functioning correctly. • REACH AIR-MED services has approached the City and requested permission to build a hangar adjacent to their current base of operations that accommodates the helicopter stationed there.

If approved, they will enter into a land use agreement with the City that brings in revenue for the Airport. This also indicates a commitment to remain in the area and provide this valuable life-saving service to the community.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Continue to work on potential hangar developments.
• Review eligible submissions for the fuel system upgrade and select a contractor. • Complete remaining hangar inspections.

Airport Monthly Report
February | 2022
1 Monthly Achievements & Activities
• Issued twelve Building Permits.
• Opened two Code Enforcement cases.
• Closed one Code Enforcement case.
• Eleven active Code Enforcement cases.

Project Updates
• Staff, along with our project consultants, held a public meeting on Tuesday March 8th to promote the Willits Business Loan Program. The Program is supported by grant funding provided by HCD through the Community Development Grant (CDBG) Program. The meeting was well attended with sixteen local businesses represented. Staff will begin accepting business loan applications on March 21st. More information can be found on the City website. http://www.cityofwillits.org/286/Willits-CDBG-Business-Loan-Program • The CCC is building a new campus in Willits. Staff understands that CCC staff are planning to virtually attend the April 13th Council meeting and provide Council with a project update. • Progress continues the Willits Rail Trail project. We are currently working on completing the environmental phase of the project including the environmental document to satisfy CEQA.

Staff anticipates the release of the project Initial Study/Mitigated Negative Declaration Public Draft the week of March 21st. Further, the Final Draft IS/MND will be presented to Council for potential adoption at the April 27th Council meeting.

A stakeholder meeting with adjacent property owners was held on February 14th. Attendees showed overall support for the trail but did note concerns regarding on-going maintenance requirements and issues with individuals without benefit of housing in the area. • Staff coordinated with Charge Point (service provider) to complete 4G upgrade service to the City owned EV charging stations. Upgrades were completed near the end of 2021 and the stations have exhibited cellular connection issues ever since the upgrade was completed.

Charge Point technicians serviced both stations on February 24th at no cost to the City and connectivity issues have been resolved. Both charging stations are in full working order. • Staff is working on finalizing a public draft of the City Flood Emergency Response Plan. City staff and partnering agencies attended a training/exercise on February 10th that was developed by our project consultants. The training covered basic SEMS/NIMS concepts and protocols in a flood event, before we exercised these concepts outlined in the newly developed flood safety plan and Public Safety Map in a “Tabletop” setting. Feedback from the meeting is being used to further inform the Flood Safety Plan and Public Safety Map. Staff anticipates development of a Final Draft in the next eight-weeks.

Community Development February 2022 | Report
2 Staffing Items
• The Department is looking to fill the positions of City Planner and Community Development Specialist. Job descriptions may be found on the City website. http://www.cityofwillits.org/219/Employment-Opportunities Budget Status
• No report.

Focus for Next Month
• CDBG business assistance loan program
o Start accepting and processing business loan applications. o Develop Loan Committee
• Urban Forestry Management Plan
o Complete Final Public Draft and schedule for Council meeting. o Work with stakeholders to plant trees
• Rail Trail Project
o Complete Final Draft IS/MND and present to Council.
• Flood Emergency Response Plan
o Update FERP based on exercise and participant feedback. • Downtown Willits Highway Signage
o Work (annoyingly bug) with Caltrans to obtain permission to install signage as requested by Council.
• Develop Request for Proposal to solicit consultant assistance on a General Plan Land Use Element Update and Sphere of Influence Amendment
• Fill open positions in the Department.

Monthly Achievements & Activities
• Utilizing the engineering on-call contracts for:
o Design oversite and assistance for Phase I of the Blosser Lane Rehabilitation project (LACO).
o Water rights permit reporting and spring operations plan (Tall Tree) • Continuing review of Encroachment Permit Applications. Major permits in progress:
o There are multiple pending utility permits throughout town.

Project Updates
• Blosser Lane Rehabilitation design is complete. Bid documents are being prepared and the project should be advertised in April, with Council approval. • Staff and LACO Associates are developing the Operational Use Plan per Council’s direction.

Staff expects to bring the plan and Draft Initial Study/Mitigated Negative Declaration to Council for consideration at the April 13th Council meeting. • Dam Inundation Maps are complete and submitted to the Division of Dam Safety. LACO is addressing DDS’s comments and making necessary revisions.

Staffing Items
• No items to report.

Budget Status
• Approximately fifteen-percent of FY21/22 budget for 100-1042 (Engineering home fund) spent to-date
Focus for Next Month
• Completing bid documents for Blosser Lane Rehabilitation Project. • Submit reimbursement and close-out SB1 grant funding paperwork for the 2021 Pavement Preservation Project (Dig-Out Project).
• Reporting for various Caltrans-administered grants.
• Preparation of annual SB1 grant applications.
• Encroachment Permit management.
• ISMND, Operational Use Plan, and Groundwater Project development. • Landfill management.

Engineering Report
February | 2022
1 Monthly Achievements & Activities
February 2021 February 2022
• Calls for service (CFS) 674 659
• Cases 53 81
• Arrests 21 33
• Citations 10 57
Project Updates
• No items to report.

Staffing Items
• Our Police Officer and Dispatcher trainees continue to develop and improve as they go through their Field Training Programs.
• We are currently recruiting for three police officer positions, one CSO, another dispatcher, and a School Resource Officer.

Budget Status
• No items to report.

Progress on Adopted Goals
• We will continue to recruit for all our current vacancies throughout the Northern California Region.
• Emergency Operations Plan update continues.
• As we hire and recruit for new officers and support staff, we will be looking at prospects that embrace our Community Policing philosophy and our Mission Statement. • We are continually assessing our needs for Equipment Replacement and upgrade of the facilities as resources permit. Video security of the evidence/property room as well as the overall security of the station has been reviewed and a quote obtained for future work. • We have begun seeking feedback from all employees as to how they see their training needs and how we can support their personal vision of where they see themselves in the next 3-5 years. When suitable and POST required training is identified, we are making every effort to get our staff enrolled and complete the training.

Police Department
February 2022 | Report
2 Focus for Next Month
• Continue Community Outreach.
• Recruit applicants for our vacant police officer and dispatcher positions and provide entry level interviews and appropriate testing.
• Evaluate applications for fulltime CSO position.
• Recruitment for SRO candidate.
1 Monthly Achievements & Activities
• Public Works assisted the Water Department with the annual flushing of the distribution system. Crews worked double shifts to complete the Main Street portion of the project and minimize impact to the consumers. The crew also repaired several water leaks at various locations.
• High Country Security installed a security camera at the new Fire House that is now recording activity at Snyder Park. Its installation was a response to the recent vandalism to the playground and public restroom facilities. The server will provide live viewing and recorded footage available for play back to aid in suspect identification should it be needed. Video surveillance signs were also posted at the Park. Once the camera is linked to the internet, it will allow for remote monitoring and playback by the Police Department. Public Works would like to thank the Police Department for locking the restrooms in the evenings and on the weekends, making them safe and available to the community for increased seasonal hours.

Their presence has helped reduce the frequency of damage to the Parks and subsequent costly repairs.
• Family Tree Services Inc. received the contract for the topping and trimming of one of the Giant Sequoia trees at Babcock Park. The tree was topped several years ago, and arborists consulted agree that removing the dead limb wood and multiple dead tops are the best option to prolong the life of the tree. The job is scheduled for March 15th. • The remaining vehicle approved for surplus at the Public Works Yard was sold and removed.

That completes the first phase of clean up and disposal of decades of non-operational equipment stored at the facility.

Project Updates
• Although the flushing of the distribution system and water leak repairs dominated the schedule this month, Public Works completed the following tasks: (1) Demolition and disposal of the modular unit that was adjacent to the Justice Center; (2) Weeding and treating the pavers along the North Main Street corridor; (3) Mowing and feeding the athletic fields; (4) Weed abatement and seasonal preparation of the sports complex; (5) Sidewalk repair around water meter box replacements at various locations; (6) Brush removal around water system infrastructure on Water Plant Road; and (7) Drinking fountain repair at several City facilities.

Staffing Items
• Advertising to fill the Public Works Maintenance Worker 1 vacancy and soon will schedule interviews for eligible candidates.
• Two members completed the Water Distribution II class offered through Sacramento State and are preparing to take the State Certification Exam towards the end of March.

Public Works
February 2022 | Report
2 Budget Status
• No items to report.

Progress on Adopted Goals
• No items to report.

Focus for Next Month
• Top off sand between pavers on North Main Street and fill in voids. • Add more wood chips to planters on East Commercial Street and around the sports complex to replace what annual floodwaters have removed.
• Begin planning and collecting quotes for tree trimming and necessary removals as recommended at Recreation Grove.
• Continue annual field preparation and irrigation repairs for the upcoming spring athletic seasons.
• Paint the baseball dugouts at the Senior Field on East Commercial. • Finish flushing the Water Distribution System.
• Once they arrive, use the replacement parts to repair the play structures at Snyder Park. 1 Monthly Achievements & Activities
• Replaced water service on E. Valley Street.
• Installed Centennial Dam Splash Boards on March 2nd.
• Replaced sample ports on the raw water pumps Surface Water Treatment Plant (SWTP). • Repaired/replaced parts on sample sites on Hazel, Meadowbrook, Coast and Spruce. • Received back up sodium hypo-chlorate pump for Groundwater Treatment Plant (GWTP). • Rebuilt 926 coagulant feed pump.
• Repaired water service on Berryhill Court.
• Repaired water main leak on E. Commercial Street.
• Cleaned 2,800 lineal feet of sewer mainline.
• Inspected fifteen manholes.
• Collected & passed second round of toxicity testing for the Wastewater Treatment Plant (WWTP). • Completed five Sewer Lateral Inspections for home sales.

Project Updates
• Ongoing: Sewer lateral inspection program.
• Ongoing: Water meter replacement program.
• Ongoing: Grounds maintenance at Water/Wastewater facilities. • Reservoir Capacity: Morris 661-acre feet and Centennial 501-acre feet equates to 89-percent of full capacity (March 14th).
• Started the annual water main flushing program: Completed to date- East Hill Road, Sawyers Lane, Sanhedrin Circle, Haehl Creek subdivision, Baechtel Road, Shell Lane, Harrah’s Manor subdivision, Elm Lane, Manor Lane and Main Street from Brown’s Corner to Quail Meadow’s (night flushing).

Staffing Items
• Advertising for one Water Treatment Operator position. • Advertising for two Wastewater Treatment Operator positions.

Budget Status
• No items to report.

Progress on Adopted Goals
• No items to report.

Utilities
February 2022 | Report
2 Focus for Next Month
• Replace valve below Morris Dam.
• Replace filter #3 aluminum screen at the SWTP with new stainless steel screen. • Upgrade SCADA system at the SWTP (still waiting on backordered computers). • Install new electric gate to the entrance of WWTP.
• Securing contractor (John Graham Backflow Services) for Cross Connection Program Backflow Testing (water) for entire system (approximately 400-devices).

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