WILLITS CITY COUNCIL
MINUTES
WEDNESDAY, APRIL 13, 2022
Mayor Rodriguez called a regular meeting of the City Council to order at 6:30 p.m., via teleconference/video conference. The meeting was preceded by the pledge to the flag.
Roll Call: Councilmembers Madge Strong, Gerardo Gonzalez, Larry Stranske, Greta Kanne, and Mayor Saprina Rodriguez were present.
Also present were staff members: Brian Bender City Manager; Jim Lance, City Attorney; Fabian Lizarraga, Police Chief; Cathy Moorhead, Assistant City Manager; Dusty Duley, Community Development Director; Scott Herman, Utilities Superintendent; Davey Bowles, Building Official; Kenan O’Shea, Public Works Superintendent; Karen Stevenson, Human Resources Manager; Delores Pedersen, City Clerk, and Rod Wilburn; Contract City Engineer.
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 COVID-19, the City Council will be participating by tele/video conferencing.
2. Public Communications
None presented.
3. Public Matters
This Item was moved to the end of the meeting after item 9a. a. Continuation of PUBLIC HEARING from February 9, 2022 – Discussion and possible action adopting a resolution to approve Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Groundwater Resiliency Improvement Project and conditionally approve the project with the adoption of the Groundwater Operational Use Plan Establishing Parameters for the use of the Groundwater System.
Contract Engineer Wilburn presented a PowerPoint presentation to highlight revisions to the proposal since the City Council last reviewed it at the February 9, 2022 meeting.
Public Comment: Members of the public commented on the plan. Staff answered questions put forward by the City Council and the public. 2nd Motion
Moved by Strong/Second by Gonzalez and carried (3/2, with Kanne and Strong dissenting) to amend the first motion to adopt Resolution (No. 2022-24), approving the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Groundwater Resiliency Improvement Project and conditionally approve the project with the adoption of the Groundwater Operational Use Plan with an average eight million gallon per month limit of water use of the Willits City Council Minutes of April 13, 2022 Page 2 of 3 groundwater system and changing sentence two of bullet one of the Allowable Circumstances for use of the Groundwater System of the Groundwater Operational Use Plan to “The Public Works Director and/or City Manager will bring this to city council at the first viable opportunity for review and approval”. 1st Motion
Moved by Gonzalez/Seconded by Stranske to adopt a Resolution approving the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Groundwater Resiliency Improvement Project and conditionally approve the project with the adoption of the Groundwater Operational Use Plan with an average eight million gallons per month limit of water use of the groundwater system.
(Motion was not voted on)
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: None presented.
b. Resolution (No. 2022-20) ratifying and extending for an additional 30-days, approval of continuing Virtual City Council, Commission, and Committee meetings pursuant to AB 361.
c. Resolution (No. 2022-21) approving revised 2021/2022 Classification and Compensation Schedule; Resolution (No. 2022-22) approving Wage Adjustments for Swimming Pool Staff.
Public Comment: None presented.
Councilmember Strong would like it to be considered at the next meeting that we get back to in person meetings as soon as possible.
Moved by Gonzalez/Seconded by Stranske and carried unanimously to approve Consent Calendar item(s) (b&c).
6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. None presented.
7. Commissions, Agencies and Authorities
None presented.
8. City Manager Reports and Recommendations
a. Verbal Reports – No Action.
Recognized the dedication, efforts and the service to the Community of the Willits PD Dispatchers.
Public Comment: None presented.
9. Department Recommendations (Action Items)
a. Adopt a Resolution announcing the intent of the City Council to adopt an ordinance to enforce provisions of Senate Bill 1383.
Presenting staff member: Building Official Bowles.
Willits City Council Minutes of April 13, 2022 Page 3 of 3 Public Comment: None Presented
Moved by Gonzalez/Seconded by Stranske and carried unanimously to adopt Resolution (No. 2022-23) approving the notification of intent to comply with Senate Bill 1383, Organic Waste Collection Services Update.
10. Department Monthly Reports (ONLY SECOND MEETING OF EACH MONTH) a. None presented.
11. City Council Announcements, Communications and Reports Economic Development & Financing Corporation (EDFC) – has a regularly scheduled meeting on Thursday, April 14, 2022.
Mendocino Solid Waste Management Authority (MSWMA) – has a regularly scheduled meeting for April 21, 2022.
Public Comment: None presented.
No action taken.
12. Good & Welfare
Councilmember Gonzalez reminded the community that Sober Grad is doing a Tri-Tip Dinner on April 22, 2022.
13. Closed Session Notice
a. None presented.
14. Adjournment
Mayor Rodriguez declared the meeting adjourned at 8:58 p.m. _____________________________
SAPRINA RODRIGUEZ, Mayor
City Council for the City of Willits
ATTEST:
__________________________
DELORES PEDERSEN
City Clerk
BL# Name Owner Address
Date
Issued Type of Bussiness
6999 Country Quilts & Fabric Chris Ceresa 154 S. Main St. 3/9/2022 Sell fabric and sewing supplies, quilting
services and edication
7039 Brielle Diaz Brielle M Diaz 55 N. Main St. 3/9/2022 Hairstylist at Serenity Salon 7040 Erin Rehder Consulting Erin Rehder 95 S. Main St. 3/9/2022 AG Consultant 7034 Crystal Lutge Crystal Lutge 1178 Locust St 3/10/2022 Virtual Assistant 7041 Alley Art Studio Marylin DeMoraes 46 S. Humboldt St. 3/10/2022 Art Gallery & Studio Space for Art Instructions
7042 Ingrids Creative Art Products Ingrid Bowers 2530 Woodman Peak Rd. Laytonville 3/23/2022 Leather Products at farmers market & local businesses
6912 Jessica Koehler Jessica Koehler 55 N Main St. 3/23/2022 Hairstylist at Serenity Salon 7043 Ramseys Mobile Truck Repair Joseph Ramsey 351 Maple St 3/23/2022 Mobile Repair 7044 Hollie Nass Photography Hollie Nass 45 Bush St. #4 3/23/2022 Photography 7045 John's Place Melissa Brown 377 S. Main St. 3/31/2022 Bar New Business License - March 2022
6a
Item No. 8a
Meeting Date: April 27, 2022
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH APEX TECHNOLOGY MANAGEMENT, LLC TO PROVIDE INFORMATION TECHNOLOGY MANAGED SERVICES FOR THREEYEARS STARTING COMMENCING ON JUNE 1ST.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes Summary of Request: The City currently contracts its IT operations and email (GroupWise) with the County of Mendocino. As of June 30, 2022, the County of Mendocino will no longer host the GroupWise platform and in time will cease providing IT support to the City. Knowing the City needed to secure a new vendor, the City prepared and released a Request for Proposals (RFP) back in January seeking proposals from qualified vendors to provide email and managed IT services under the direction of City management for a fixed monthly price.
The City received four responses and after a review of the submissions, management staff invited three vendors (the fourth was too expensive) to participate in on-site interviews. At the interviews, each vendor had the opportunity to explain their strengths and answer questions posed by Department Heads. From the interviews, senior staff categorically selected Apex Technology Management because of their experiences of working with municipalities, familiarity of law enforcement security requirements, and their practice of assigning a virtual chief information officer to the City. The role of the information officer is to serve in the capacity as our Department Head for IT items and respond to inquiries from other departments regarding their IT requirements.
Apex already defined an onboarding project to facilitate the GroupWise to Outlook email migration. The migration has a separate fee of $8,625 that Apex agreed for the City to pay as monthly installments over the next year.
Attached are the Apex Total Support Gold Service Agreement and supporting Gold Exhibit A.
Recommended Action: Adopt the accompanying Resolution to approve the agreement with Apex Technology Management, LLC to provide managed IT services for three-years commencing on June 1st.
Alternative(s): None.
Fiscal Impact: The monthly fee assigned to agreement is $7,074 with additional $718.75 per month for the first year to cover the one-time onboarding fee. The amount of $7,074 may change slightly after the initial assessment verifies the exact number of computers and email accounts described in the agreement. The water/wastewater/airport enterprise funds will cover approximately 40-percent of the IT costs.
Personnel Impact: Staff (especially the Police Department) will encounter moderate inconvenience during the initial transfer from GroupWise to Microsoft Outlook. The expectation is the inconvenience will lessen as the onboarding phase ends.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2022- Page 1 of 1 April 27, 2022
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING AN
AGREEMENT WITH APEX TECHNOLOGY MANAGEMENT, LLC TO PROVIDE
INFORMATION TECHNOLOGY MANAGED SERVICES FOR THREE-YEARS COMMENCING ON JUNE 1ST.
WHEREAS, the City of Willits currently contracts IT and email (GroupWise) operations with the County of Mendocino; and
WHEREAS, the County of Mendocino informed the City of Willits of their intention to cease hosting GroupWise and providing IT managed services as of June 30th; and WHEREAS, the City of Willits released a Request for Proposals seeking submissions from qualified vendors to provide email and managed IT services under the direction of City management for a fixed monthly price; and
WHEREAS, of the four responses, senior staff interviewed three vendors and determined Apex Technology Management, LLC as the vendor that best accommodates the City’s IT requirements; and
NOW, THEREFORE, the City Council of the City of Willits accepts the attached Apex Total Support Gold Service Agreement and supporting Gold Exhibit A with a three-year term commencing on June 1st with a monthly fee of $7,074 and the one-time, onboarding fee of $8,625 (divided over twelve-months), and authorizes the City Manager to sign the agreement.
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, 27th day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
:
_________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
ATTEST:
_______________________________
DELORES PEDERSEN
City Clerk
This Exhibit describes the systems maintained and the responsibilities of each party.
System Maintenance:
Apex will maintain each covered device in its approved configuration, and is responsible for the covered devices as defined below.
Systems Maintained:
This Product Schedule has as its scope up to 6 active Windows Servers, up to 63 workstations and up to _0_ thin clients at Client's location, referred to in this document as the client's network environment. Additional servers will be billed at $ 256.00 per month each, additional workstations will be billed at $ 81.00 per month each and additional thin clients will be billed at at $ 57.00 per month each.
Once each device is accepted by Client and Apex, that device falls under this agreement and the terms of this agreement take effect for that device. The definitive listing of covered devices will be maintained by Apex and will be available at any time upon Client request.
Infrastructure Services:
In addition to PC and server maintenance, Apex agrees to provide Client with regular and necessary remote infrastructure services required to provide the Managed Services described in this Agreement.
Customer Requirements:
1. High-speed (broadband or equivalent) internet access
2. Hardware maintenance or hot spare program
3. Server software licenses and maintenance
4. Anti-virus software and signature update subscription
5. Backup software and media that meets size and function requirements
6. VPN access for Apex personnel
Covered Services:
The following options that have been selected by the client will be performed remotely, as services by Apex on the covered client servers, workstations and network infrastructure, as described in this services level agreement.
Servers
• Server Backup Monitoring (Suitable backup system provided by client. Client responsible for media rotation) • Unlimited 9x5* Remote Helpdesk Support
• Remote Disaster Recovery
• Remote Support
• Remote Maintenance
• Event Log Monitoring
• Monitor Drive Space On All Supported Servers
• 24x7 Monitoring Of Server Availability
• 24x7 Monitoring Of Critical Devices & Services
• 24x7 Remote Access for Server Down Situations
• Microsoft Operating System Patch Management (Patches, Updates & Service Packs) as needed • Anti-Virus Subscription Monitoring, Response, Quarantine & Removal (Client must maintain current subscription)
Apex Total Support Gold Service Level Agreement
Gold Exhibit A
For more information please call 530.248.1000 Apex Technology Management, LLC 310 Hemsted Drive, STE 300, Redding CA. 96002 Gold SLA page 2 Network Infrastructure
• Unlimited 9x5* Remote Helpdesk Support
• Management of Router & Firewall Rules
• Existing Wireless Access Point Configuration & Maintenance • Virtual Private Network (VPN) & Wide Area Network (WAN) Monitoring • Key Network Element Configuration Backup
Workstations
• Unlimited 9x5* Remote Helpdesk Support
• Microsoft Operating System Patch Management (Patches, Updates & Service Packs) as needed • Anti-Virus Subscription Monitoring, Response, Quarantine & Removal (Client must maintain current subscription)
Applications
• Microsoft Exchange
• Microsoft SQL Server
• Two hours included per month for Application Updates
• Network Application Updates/Upgrades (Anti-virus, Anti-SPAM, Anti-Spyware, Etc.) End User Support
• Unlimited 9x5* Remote Helpdesk Support
• Phone Support
• Limited Assistance With PDAs, Cell Phones, Mobile Devices, Etc. (Business Apps. Only) • Remote Access (Work from Home/TeleWorker) Support
• Password resets, account lockout resets, login problem assistance Network Administration
• Adding, modifying, disabling & deleting users and passwords • Network Policy Enforcement
• SPAM (junk email) software management, if provided by Apex • Network & VPN access administration
Security
• 24/7 Firewall monitoring & alerting option
• Network Policy Enforcement
• Anti-Virus Subscription Monitoring, Response, Quarantine & Removal (Client must maintain current subscription)
• Security management
Best-In-Class Support & Monitoring Tools
• Enterprise level monitoring & reporting
• Flexible, fast & secure remote support
• Trouble-ticket tracking & reporting
• Knowledge base
• Central monitoring/network operations center console
Planning, Budgeting & IT Management
• Assigned Virtual Chief Information Officer (VCIO)
• Monthly executive summary report
• Strategic technology consulting
• Technology planning
For more information please call 530.248.1000 Apex Technology Management, LLC 310 Hemsted Drive, STE 300, Redding CA. 96002 Gold SLA page 3 • Technology budgeting
• Disaster recovery planning
• Trouble ticketing
• Problem escalation & resolution
• Assistance with Vendor selection & management
• IT purchasing
• Warranty management of covered devices
• Create and maintain an inventory of hardware, software and network equipment (reports available upon request)
• Assistance with grant requests
• Monthly management meeting or board meeting participation Other Advantages
• Service Level Agreement
• Priority phone access for all calls
• Discounted rates for project work and MACs (moves, adds and changes) • Proactive Issue Detection And Resolution
• Highest priority response to network issues
* 9x5 refers to the Apex NOC (Network Operationd Center) HelpDesk hours of 8:00 am – 5:00 pm M-F, excluding holidays
The Total Support Gold Package does not include:
Total Support Gold Services, including telephone support services and online technical support services, are for approved platforms, devices, operating systems, applications and other items. All Services are subject to the following exclusions: Apex may make recommendations for hardware, software or network improvements, referred to as special projects, to improve the level of support. If implementation of the recommendation is necessary to continue efficient and effective support, and the recommendation is not implemented, Apex reserves the right to exclude the item(s) needing replaced or repaired from Services provided. On-site support services and expenses, including travel, are not covered under the Total Support Gold Plan and are separately billable. Services do not include any coverage after the equipment has been serviced, repaired, moved or relocated by anyone other than Apex or an authorized Apex agent.
Services do not include repair or service required as a result of:
∗ Neglect, theft, or accidental damage of the equipment; ∗ Alterations or modifications to the equipment performed by other than Apex or authorized Apex agent; ∗ The failure of Client to provide and maintain a suitable installation environment at all facilities as prescribed by Apex (including, but not limited to, proper electrical power, internet access, air conditions, & humidity control); ∗ The use of the equipment for purposes other than those for which it was designed; ∗ Electrical work external to the equipment or service connected with equipment relocation, reconfiguration or additions;
∗ Cutoff of services to Client by any utility; Acts of God. ∗ Software or Hardware not owned by the Client are specifically excluded. ∗ Labor for troubleshooting, configuring or installing copy machines or any other hardware or peripherals provided by a 3rd party vendor.
∗ Labor for troubleshooting, configuring or installing non business related software such as i-tunes, and games. ∗ Software or Hardware not covered under a valid maintenance contract or warranty with the vendor or OEM are specifically excluded.
∗ Materials, Parts or Hardware warranty coverage
∗ Projects (new equipment installation, new applications etc.) ∗ Red flagged equipment not meeting Apex requirements
∗ Software unrelated to business needs (iTunes, Windows Media Player, games, etc.) For more information please call 530.248.1000 Apex Technology Management, LLC 310 Hemsted Drive, STE 300, Redding CA. 96002 Gold SLA page 4 Client must follow the Request For Change (RFC) process as identified below before adding additional applications to the covered devices. As part of the RFC approval process, Apex will evaluate the applications' impact on the covered servers and workstations and determine what impact it will have on the terms of this agreement. Testing may be required by Apex if the application has the potential to impact the reliability or performance of a managed server.
Apex will follow RFC process as identified below before making any changes to the servers or configurations of the components on any managed server. The Client will follow RFC process as identified below before making any changes to the servers or configurations of the components on any managed server. Any changes done outside of the RFC will void the service level requirements until the change goes through the RFC process.
Client may not add, modify, or delete any service or application on covered devices except as expressly defined by the RFC process.
Client agrees that Apex will not be responsible for any problems caused by configuration changes made by Client.
Any assistance provided by Apex to resolve these issues or to return a device to its approved configuration due to changes made by client will be chargeable as described in the Fees Schedule.
Other Applications and Services
The covered devices may host services or applications outside the scope of this agreement, and Apex and Client may each have partial responsibility for the functionality provided by a single device as follows:
Anti-Virus Server and Client Software
Client maintains responsibility to providing Apex with a valid, current subscription license for Anti-Virus software for all covered devices. Apex agrees to verify the Anti-Virus software is functional on the servers at all times and the automatic updates are working properly.
Change Request
In the event that Client desires a change to the approved configuration of a covered device, Client will submit a Request For Change (RFC) via e-mail to their assigned VCIO. Apex will review all Requests For Change during the next review cycle and notify Client of its decision. Apex will make a good-faith effort to accommodate any reasonable Request For Change. Urgent RFCs will be submitted to Apex Administrative Contact via e-mail and a notification via phone and will be acted upon within 8 business hours. The review cycle for normal priority RFCs is every Tuesday and Thursday.
Once a change is approved the new configuration is added to the configuration database. Changes to the approved configuration are stored as images and/or other configuration items within Apex's Configuration Management Database (CMDB) at regular intervals (at least quarterly, or whenever a major change is made).
Client is not required to submit an RFC for changes to systems that are not covered under this agreement. However, Apex requests 4 hours advance notice of changes that could affect covered systems. This includes, but is not limited to, infrastructure changes or hardware maintenance of covered systems. If this advance notice is not given, any response by Apex to troubleshoot apparent errors will be chargeable as described in above.
Service Request
If the Client submits a medium severity/medium impact or depending on severity and impact Service Request for a covered device through an e-mail or via phone to the Apex Technical Contact, Apex will begin immediate troubleshooting to resolve the issue. Status updates will be provided to the Client Primary Contact every 90 minutes until the issue is resolved within the framework of their service level.
In the event an issue is determined to be related to hardware failure Apex will notify Client, and Client assumes responsibility for repairing or replacing the failed hardware. Any services provided by Apex related to hardware failure of an out-of-warranty device are chargeable.
For more information please call 530.248.1000 Apex Technology Management, LLC 310 Hemsted Drive, STE 300, Redding CA. 96002 Gold SLA page 5 Proactive Systems Monitoring and Support - Devices monitored The following metrics will be measured on each covered device server:
Metric Alert Threshold
Processor utilization > 90% for 15 minutes
Disk space (system) < 2.0 GB
Disk space (data) < 10%
Memory utilization >80%
Event Log Critical event
Apex monitors these metrics with proprietary software. Other performance-related metrics desired by Client may be monitored upon request.
Response
During normal business hours (defined as Monday to Friday 8:00 a.m. to 5:00 p.m. Pacific Time, excluding holidays), upon receiving an alert from a covered server for key network device, within 90 minutes Apex will log the alert and begin troubleshooting the issue remotely. Apex will notify the Client Primary Contact, and provide technical support up to the levels defined by the service level.
Software Update Release Schedule
Apex defines 5 levels of criticality for Microsoft software updates and patches, as follows:
Critical:
- An update that resolves security vulnerability whose exploitation could allow propagation of a worm or virus without user action.
- Apex will test and approve or disapprove updates within 3 business days. Once approved, Apex will initiate the deployment process as defined above in the RFC process.
Important:
- An update that resolves security vulnerability whose exploitation couldresult in compromise of the confidentiality, integrity, or availability or Client's data, or of the integrity or availability of covered devices or services. An update that resolves a major functionality flaw or results in dramatically improved performance of the software. - Apex will test and approve or disapprove updates within 10 business days. Once approved, Apex will initiate the deployment process as defined above in the RFC process.
Moderate
and Low:
- An update that resolves a security vulnerability whose exploitation can be mitigated to a significant degree by factors such as default configuration or auditing, or whose exploitation is extremely difficult or whose impact is minimal. An update that resolves a minor functionality flaw or results in marginally improved performance of the software. - Apex will test and approve or disapprove updates within 3 calendar months. Once approved, Apex will initiate the deployment process as defined above in the RFC process.
Service
Release:
- An update that adds major functionality to a software product or changes its functionality, or a bundled package of updates accumulated over the course of several months or years. Typically referred to as a servicepack, service release, maintenance release, or functionality release, and identified by a change in the minor version number (ie. Adobe Photoshop6.0 to 6.1).
Typically released by the vendor at no cost.
Service Release Updates are ONLY available to the Platinum and Gold Plans. - Apex will test and approve or disapprove the service release within 3 calendar months. Once approved, Apex will initiate the automated deployment process as defined above in the RFC process.
Major
Revision:
-A major functionality upgrade identified by the vendor as a new version of the product, and which typically requires payment or maintenance contract to obtain. Typically identified by a change in the major version number (ie. Microsoft Windows 2000 to Microsoft Windows 2003 Backup Exec 9 to Backup Exec 10).
Major revision updates are available to the PLATINUM PLAN ONLY. - Apex will test and approve or disapprove the major revision within 9 calendar months. Once approved, Apex will submit a change request and will work with Client to determine any required architecture or functionality changes and define the implementation schedule. Any revision updates requiring more than 2 hours labor will be considered to be a project and will be out of scope.
Other updates:
Driver updates, BIOS upgrades, firmware updates, and other update types not mentioned specifically elsewhere in this document, are installed only in the event that they are known or expected to resolve an open service request, if they are known or expected to resolve a critical security flaw in the current configuration, or if they are a prerequisite for a patch or other update being applied.
For more information please call 530.248.1000 Apex Technology Management, LLC 310 Hemsted Drive, STE 300, Redding CA. 96002 Gold SLA page 6 Total Support Gold Agreement, Exhibit A
SPECIAL NOTES & CALCULATIONS
• One (1) Quarterly on-site VCIO & Lead Tech maintenance visit included. Also available anytime using Zoom/Teams
• Additional On-Site Support, including emergencies, is available. A $250.00 per day “Trip Fee”, and technician on-site time at Gold discounted hourly rates would be invoiced separately from the proposed monthly cost. (not applicable to the included quarterly on-site maintenance visit) • During onboarding, the actual number of devices will be determined and reconciled. The monthly Total Support Gold charge will be updated to reflect that. • Special projects and monthly subscription and/or Cloud service charges would be billed separately.
For example: anti-virus, Office 365 email, cloud backups, MFA, email SPAM filtering etc. • A One-time onboarding fee of $8,625.00 will be invoiced to the client. This fee will be split over the initial 12-months of the agreement. ($718.75 per month) IN WITNESS WHEREOF, the Parties have executed this Service Level Agreement - of the Effective Date; Apex:
Apex Technology Management, LLC
310 Hemsted Drive, Suite 300
Redding CA, 96002
530-248-1000
Printed Name: Title:
Signature: ___________________________________________ Date: _____________________ ……………………………………………………………………………………………………………………………
Client:
City of Willits
111 E. Commercial Street
Willits, CA 95490
707-459-4601Zip
Printed Name: Title:
Signature: ___________________________________________ Date: _____________________ For more information please call 530.248.1000 Apex Technology Management, LLC 310 Hemsted Drive, STE 300, Redding CA. 96002 Gold SLA page 7 Severity
Severity is based on the critical nature of a system, equipment or application. An issue with a server that runs the primary application for the entire organization and affects 60 people would be a High Severity issue.
An issue with a workgroup printer that affects 10-15 people would be a Medium Severity issue.
Impact is the level to which the problem/issue is preventing use of the system, equipment or application. For example, a server that is completely down would be a High Impact issue, whereas a server that is running very slowly would be a Medium Impact issue and a server that needs a non-critical update installed would be a Low Impact issue.
A High Severity/High Impact issue would be a critical server affecting the entire network being down. If the same server is running very slowly but is usable it would be a High Severity/Medium Impact issue.
Impact
Response Times
Response Times are calculated from the time a ticket is created in Apex's ticketing system - this is done at the time of call or email receipt. Response times in this grid are during business hours.
Only High Severity/High Impact issues will be addressed outside of business hours as part of this agreement, after hours response time is 4 hour maximum response for High Severity/High Impact.
Only High Severity/High Impact issues will be addressed outside of business hours as part of this agreement, after hours response time is 4 hour maximum response for High Severity/High Impact.
Service Response Time *
Initial Telephone Begin Remote Resolution Response Time Remediation High Severity / High Impact 60 minutes 90 minutes 1.5 Days High Severity / Medium Impact 90 Minutes 2 Hours 3 Days High Severity / Low Impact 4 Hours 8 Hours 2 Weeks
Medium Severity / High Impact 90 Minutes 2 Hours 3 Days Medium Severity / Medium Impact 2 Hours 5 hours 1 Week
Medium Severity / Low Impact 8 Hours 1 Week 2 Weeks
Low Severity / High Impact 4 Hours 8 Hours 3 Days
Low Severity / Medium Impact 1 Day 2 Days 2 Weeks
Low Severity / Low Impact 2 Days 1 Week 4 Weeks
* These response times are "Worst Case" maximum guaranteed response times for properly reported issues. Gold Support customers always receive the highest priority response and in most cases support is available immediately. * All times listed are in business hours, 1 day = 8 business hours.
Apex Total Support Gold Service Level Agreement Exhibit B For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 1 Apex Total Support Gold Service Agreement 3.25
THIS AGREEMENT ("Agreement") is made by and between City of Willits (hereinafter called "Client") located at the address noted in the Execution section of this Agreement and Apex Technology Management, LLC, a California Limited Liability Company, (hereinafter called “Apex”), located at 310 Hemsted Drive, Suite 300, Redding, CA 96002.
1. DESCRIPTION OF SERVICES. Apex shall provide Client with technology support services as listed in Exhibit “A” attached hereto (hereinafter the "Services"). The Services may be amended from time to time with 28 days' notice and as modified on the existing Exhibit "A" or a replacement Exhibit "A" signed by Client and Apex.
2. MONTHLY FEE. The current monthly fee for the Services shall be $ 7,074.00_ per month (the "Monthly Fee") and will be billed in advance on the first of every month. Any services provided outside the scope of Services will be billed separately as they are provided at Apex's then current billing rates. The current Monthly Fee is based upon the current configuration of the computers and LAN and WAN systems at the relevant Client facilities, as described in Exhibit A of this Agreement. As a matter of course, Apex may recalculate the Monthly Fee to adjust for Workstations or Servers added to or removed from the Client's network using the per site base fee, per workstation fee, and per server fee, as listed on Exhibit A of this Agreement. Systems removed from the network may not automatically be removed by Apex's auditing tool for up to 120 days, therefore it is the Client's responsibility to notify Apex if a Workstation or Server has been removed so that the monthly fee can be adjusted accordingly.
3. TERM OF AGREEMENT: This agreement is effective on _ 6/1/2022_. The term of this Agreement shall be for three (3) years commencing from the effective date listed above unless a party terminates the Agreement as provided below;
A. Optional Extension: After the initial 3-year period, Client shall have the option to extend the agreement for up to two additional 1-year terms. Each extension of this agreement shall be subject to the same terms and conditions in this Agreement except that upon each annual renewal the Monthly Fee (including the base fee, per workstation fee and per server fee) will increase by 3.5% to adjust for increased costs and inflation. Hourly fees will be billed at the then current billing rates and may be subject to change occasionally.
B. Cancellation Without Cause: Either Party may terminate this Agreement without cause on thirty (30) days advance written notice to the other party. If either party cancels this Agreement, Client shall, within thirty (30) days, pay any outstanding amount of the $8,625.00 onboarding fee.
C. Default: If Client fails to pay the Monthly Fee and/or billed expenses promptly before or on the due date (30 days after the first of the month), Client will be deemed in default of this Agreement and Apex may terminate this Agreement upon ten (10) days written notice to Client. Should Apex choose not to terminate the Agreement, such decision on the part of Apex should not be deemed a waiver of any rights by Apex to collect any and all sums owed by Client.
For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 2 4. RESPONSIBILITIES OF CLIENT.
A. The Client must provide Apex with full access to all areas of the facility necessary to complete the Services in a timely manner, including but not limited to physical spaces, passwords, keys and codes.
B. The Client must be able to provide documentation supporting ownership or licensing of all equipment and software.
Apex will not install, support or troubleshoot unlicensed software.
C. The Client must provide a suitable work environment for Apex for any on-site services required, including desk space, access to a telephone and parking.
D. The Client shall maintain its hardware and software under a valid support agreement with the vendor or manufacturer of the hardware or software at all times. Apex shall not be responsible under this Agreement for installing, updating, maintaining, or supporting hardware or software not covered under a valid support agreement with the software vendor or manufacturer. Any such support will be separately billed at Apex's billing rate in effect at the time of service.
E. Unless otherwise provided by Apex, Client shall be responsible for maintaining backups of all critical software, documents, and applications on all of Client's file servers, personal PC's, organizers, and other electronic equipment.
F. The Client shall be solely responsible for changing backup media on the Servers.
G. Client must receive Apex's approval for any changes to the covered equipment. If Client does not receive Apex's approval for changes to the covered equipment, any additional maintenance or support services required due to Client's changes to the covered equipment will not be covered by this agreement and will be billed separately at Apex's then current billing rates.
H. The Client is responsible for payment of invoices on or before the due date (15 days after the first of the month).
5. LATE FEES. Late payments by Client shall be subject to late penalty fees of the lesser of 1.50% per month or the maximum amount permitted under state law from the due date until the amount is paid.
6. EXPENSES. Client shall reimburse Apex for the following expenses that are directly attributable to work performed pursuant to this Agreement:
A. Travel expenses including airfares, rental vehicles, and mileage outside Shasta County in company or personal vehicles at the highest federally allowed mileage rate current at the time. This rate is calculated from the Apex office nearest to the Client destination to the Client destination.
B. Telephone long-distance and facsimile (fax) long-distance charges C. Postage and courier services
D. Computer services, such as hardware repairs and replacement of hardware necessary to complete the scope of services to be provided.
E. Other expenses resulting from the work performed under this Agreement.
Apex shall submit an itemized statement of Apex’s expenses, along with any associated invoices.
7. NON SOLICITATION OF APEX EMPLOYEES: Client acknowledges that Apex has a substantial investment in its employees that provide Services to Client under this Agreement and that such employees are subject to Apex's control and supervision. Client further acknowledges that Apex' employees possess specialized training and expertise gained through their employment with Apex. In consideration of this investment, Client agrees not to solicit, hire, employ, retain, or contract with any Apex employee without first receiving Apex' written consent. If any employee terminates his or her employment with Apex (regardless of the reason for termination) and is employed by Client (or any affiliate or subsidiary of Client) in any capacity whether during the term of this Agreement or within a six (6) month period after termination of this Agreement, Client shall immediately pay Apex an amount equal to 50% of the most recent yearly salary or wage paid by Apex to such employee to compensate Apex for recruiting and training costs associated with such employee.
8. NON SOLICITATION OF CLIENT EMPLOYEES: Apex acknowledges that Client has a substantial investment in its employees and that such employees are subject to Client's control and supervision. In consideration of this investment, Apex agrees not to solicit, hire, employ, retain, or contract with any current client's employee, without first receiving Client's written consent.
If any employee terminates his or her employment with Client (regardless of the reason for termination), and is employed by Apex (or any affiliate or subsidiary of Apex) in any capacity either during the term of this contract or within a 6 month period after termination of this contract, Apex shall immediately pay Client an amount equal to 50% of the most recent yearly salary or wage paid by Client to such employee. Exceptions must be made in writing and signed by both parties.
For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 3 9. CONFIDENTIALITY: During the course of Apex provision of Equipment, Services and Custom Software hereunder, each party may have access to information concerning the products and business of the other. Neither party shall make any use of such information of the other party except in connection with the exercise of its rights and responsibilities under this Agreement. Further, each party shall take all steps as may be prudent to prevent the disclosure of such information to third parties; but in no event shall such steps be less than the most stringent steps used by such party in protecting its own confidential and proprietary information. The commitments of confidentiality and non-use set forth above shall not extend to any portion of said information which, as a whole, a) can be documented to be known to recipient or the general public before disclosure hereunder; or b) hereafter, through no act on the part of the recipient hereunder become generally available to the public.
10. EXCLUSIONS. The Services, including telephone support services, online technical support services, and on-site support services are for approved platforms, devices, operating systems, applications and other items. All Services are subject to the following exclusions:
A. Apex may make recommendations for hardware, software or network improvements, referred to as special projects, to improve the level of support. If implementation of the recommendation is necessary to continue efficient and effective support, and the recommendation is not implemented, Apex reserves the right to exclude the item(s) needing replacement or repair from Services provided.
B. Services do not include any service after the equipment has been serviced, repaired, moved or relocated by anyone other than Apex or an authorized Apex agent. Services also do not include repair or service required as a result of:
1. Neglect, theft, or accidental damage of the equipment;
2. Alterations or modifications to the equipment performed by other than Apex or authorized Apex agent.
3. The failure of Client to provide and maintain a suitable installation environment at all facilities as prescribed by Apex (including, but not limited to, proper electrical power, air conditions, or humidity control);
4. The use of supplies or materials not meeting Apex's specifications;
5. The use of the equipment for purposes other than those for which it was designed;
6. Electrical work external to the equipment or service connected with equipment relocation, reconfiguration or additions;
7. Cutoff of services to Client by any utility;
8. Acts of God.
C. Software or Hardware not owned by the Client are specifically excluded.
D. Labor for troubleshooting, configuring or installing copy machines or any other hardware or peripherals provided by another 3rd party vendor.
E. Labor for troubleshooting, configuring or installing non business related software such as iTunes, and games.
F. Software or Hardware not covered under a valid maintenance contract or warranty with the vendor or OEM are specifically excluded.
G. Moves, Adds and Changes (“projects”) are not covered under this agreement and are separately billable.
11. ALTERATIONS TO SERVICES OR EQUIPMENT: If Client alters any Services or Equipment conducted by Apex without the express written consent of Apex, Client does so at its own risk and expense. Apex shall not be liable or responsible for problems created as a result of Client's alteration of Services, Equipment and/or Client's network or system. If Client wishes Apex to correct or fix its alterations or problems relating thereto, such Services by Apex will be considered a new project and billed at then current project rates, and Client agrees that the same terms and conditions set out in this Agreement shall apply.
12. RESPONSE TIMES. Apex will respond to Client employee or self-discovered computer related service requests listed in the “Response Time Grid” in Exhibit “B”.
13. WARRANTIES.
A. Product Warranty: APEX IS NOT A HARDWARE MANUFACTURER OR SOFTWARE DEVELOPER, BUT A RESELLER, INTEGRATOR AND TECHNOLOGY MANAGEMENT SERVICE PROVIDER. ACCORDINGLY, APEX DOES NOT PROVIDE ITS OWN WARRANTIES FOR THIRD PARTY SOFTWARE OR HARDWARE. ALL WARRANTIES, IF ANY, FOR THIRD PARTY PRODUCTS ARE ASSIGNED TO THE CLIENT FROM THE THIRD PARTY MANUFACTURER OR DEVELOPER. AS
SUCH, APEX HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS OR MERCHANTABILITY.
For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 4 B. Services Warranty Apex warrants that Services will be performed in a manner consistent with customary practice in the industry. Should a failure to comply with this warranty appear within thirty (30) days after the date of completion of such Services, Apex shall, if promptly notified in writing, at its option, either provide the Services anew or refund to Client the price charged for such non-conforming Services. Such re-performance or refund(s) shall be Client's exclusive remedy and shall constitute fulfillment of all liabilities of Apex with respect to any nonconformity of or defect or deficiency in Services furnished to Client.
The above Service Warranty is the only warranty provided by Apex relative to this Agreement.
ALL OTHER WARRANTIES, OF ANY TYPE, WHETHER EXPRESS OR IMPLIED ARE HEREBY DISCLAIMED AND CLIENT
ACKNOWLEDGES THEY ARE WAIVING THE ENFORCEMENT OF ANY SUCH WARRANTIES AS TO APEX BY ENTERING INTO THIS AGREEMENT.
14. LIMITATION OF LIABILITY. Apex maintains the insurance required in Section 16 of this agreement for cybersecurity, motor vehicle, worker's compensation, and comprehensive general liability. Client further agrees that Apex's liability, if any, for any breach of contract shall not exceed the levels of insurance for any claim that would be covered under the applicable insurance policy. If the claim is not covered Under the Client’s or Apex’s insurance, then client agrees that Apex’s liability shall not exceed the fees paid to Apex for the prior twelve (12) months. APEX SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCE OR THEORY OF LIABILITY. Without limiting the generality of the foregoing, Apex shall have no responsibility to compensate Client for delays in or loss of use of equipment, loss or miscalculation of data, loss of revenue or increased costs, loss of facilities, loss or delays in services, or claims of Client’s clients, or other third parties to whom it provides goods or services, loss of profits or revenue, cost of substitute goods, facilities or services, downtime costs, or delays.
15. INDEMNIFICATION.
A. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of the CITY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
B. CITY agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless the CONSULTANT, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of the CITY, except such loss or damage which was caused by the sole negligence, or willful misconduct of the CONSULTANT, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
16. INSURANCE. To cover the acts of its personnel related to Services rendered, Apex shall at all times during the term of this Agreement have and maintain cybersecurity, motor vehicle, general liability, worker's compensation and comprehensive general liability insurance having the following minimum coverage levels: $1 Million General Liability. Apex shall at or before the start of this Agreement, and thereafter as necessary to show coverage, provide Client with a copy of the certificate of insurance evidencing such insurance coverage. Client shall be named as an Additional Insured party. Apex shall provide Client with immediate written notice of any material change in such insurance during the term of this Agreement.
For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 5 17. INDEPENDENT CONTRACTOR STATUS: Apex is an independent contractor/consultant and no partnership or joint venture has been created by this Agreement
18. ATTORNEY'S FEES. If any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this Agreement, at law or in equity, including any proceeding in the United States Bankruptcy Court, the prevailing party shall be entitled to recover attorney's fees incurred in such proceeding, or any appeal thereof, to be set by the court without the necessity of hearing testimony or receiving evidence, in addition to the costs and disbursements allowed by law.
19. FORUM AND VENUE: The parties agree that this contract shall be governed and/or interpreted in accordance with the laws of the State of California. The parties agree that any disputes that arise out of this Agreement will be resolved in the jurisdiction of Mendocino County Superior Court or in the case of any matters having exclusive jurisdiction in federal court those matters shall be brought before the Eastern District of Sacramento, California.
20. NOTICES. Any notice, request, demand or other communication required or permitted by, or relating to, the terms of this Agreement shall be deemed to be properly given only when delivered to the United States Postal Service, sent certified mail -return receipt requested, or postage prepaid, or upon confirmation of receipt by facsimile, addressed to the party to receive notice as previously requested by notice hereunder or, otherwise, as provided in conjunction with such party's signature below.
21. SEVERABILITY. Every provision of this Agreement is intended to be severable. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state, or county statute, county code, or regulation, the remaining provisions of this Agreement, or the application thereof, shall not be invalidated thereby, and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
22. WAIVER OF DEFAULT. Waiver of any default by either party to this Agreement shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is amended.
23. FORCE MAJEURE. Performance under this Agreement is subject to interruption and delay due to causes beyond the parties' reasonable control, such as acts of God, acts of any government, war or other hostility, including acts of terrorism, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
24. AUTHORIZED REPRESENTATIVES: The signatories below represent and warrant that they are authorized by their respective organizations to enter this Agreement.
25. SCANNED OR FACSIMILE EXECUTION: This Agreement may be validly executed by the signing of a scanned or facsimile copy of this Agreement. Either the fully executed scanned copy, facsimile copy or a conforming executed original shall be evidence of the existence of this Agreement.
26. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same Agreement.
27. TITLE AND RISK LOSS: Any Equipment sold to Client under this Agreement shall remain the personal property of Apex until fully paid for by Client, and Client agrees, if requested by Apex, to execute a security agreement covering the Equipment sold and to perform all acts which may be necessary to perfect and assure retention of title to such Equipment by Apex. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Client and delivery shall be deemed to be complete upon delivery of For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 6 the Equipment to Client, either by Apex or by a private or common carrier.
28. ASSIGNMENT: Any assignment of this Agreement or any rights thereunder, without prior written consent of both parties by duly authorized representatives, shall be void; consent shall not be unreasonably withheld.
29. MISCELLANEOUS: This Agreement shall not be modified in any way except in writing signed by both parties and stating expressly that it constitutes a modification of this Agreement. This Agreement embodies the entire understanding between the parties with respect to the subject matter of this Agreement, and except as otherwise provided herein, supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter of this Agreement.
For more information please call 530.248.1000 - Apex Technology Management, LLC. 310 Hemsted Drive, STE 300, Redding CA. 96002 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the effective date written above.
APEX:
Apex Technology Management, LLC
310 Hemsted Drive, Suite 300
Redding, CA 96002
Telephone: 530-248-1000 Fax: 530-243-9184
Name: Title:
Signature: Date:
CLIENT:
City of Willits
111 E. Commercial Street
Willits, CA 95490
707-459-4601
Name: Title:
Signature: Date:
1 Item No. 9a
Meeting Date: April 27, 2022
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director/City Treasurer Agenda Title: DISCUSSION AND POSSIBLE ACTION TO ALLOW SOLID WASTE OF WILLITS TO INCREASE RATES BASED ON THE INCREASE OF FUEL COSTS OVER THE PAST SEVEN MONTHS.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10min Summary of Request: Solid Waste of Willits (SWOW) requests a cost-of-fuel adjustment (COFA) to the rate charged to the residents of Willits for the collection, transportation, and disposal of solid waste and discarded recyclable materials.
In November of 2015, the City of Willits and SWOW entered into an agreement granting the exclusive privilege, duty and right to make and enter into independent arrangements with the residents and businesses of Willits for the collection, transportation and removal of solid waste and discarded recyclable materials.
Of this agreement, Section 15 outlines a procedure that allows rate adjustments to occur for cost of living, cost of fuel, pass-through, and other miscellaneous adjustments.
The procedures have been met though the receipt of the letter from SWOW requesting the increase, including specifying the amount of the requested increase for each given rate in an adjusted Exhibit and provided justification regarding the cost of fuel prices. The supporting documentation accompanies this Agenda Summary.
Adjustment Factors
The SWOW letter making the request (Attachment #1) explains the COFA calculation. The calculation is the difference of fuel price per gallon multiplied by the percentage in fuel component as reported in the 2020 financial statements of SWOW. This equates to a 27.19% increase or 5.96% of their budget. This is then calculated as a 1.62% increase of their total budget and that is used to create the new rate sheet.
Attachments:
1. Resolution adopting the requested increase in the rate for the collection, transportation and disposal of Solid Waste and Discarded Recyclable Materials.
2. Letter from the SWOW (Including additional attachments):
a. Fuel Adjustment Attachment,
b. Exhibit B Rate Adjustment Sheet, and
c. Energy Information Administration-Petroleum and Other Liquids Retail Price Listing.
3. Solid Waste of Willits Financials.
Recommended Action: The Solid Wastes of Willits Inc. is requesting approval of the attached Resolution to increase the rate charged to the residents of Willits for the collection, transportation and disposal of solid waste and discarded recyclable materials.
2 Alternative(s): Do not approve the request.
Fiscal Impact: There is no negative impact to the City resulting from the adoption of the Resolution.
There is a minimal impact to residents for the increase in rates.
Personnel Impact: Minimal.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________
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Resolution No. 2022-__ Page 1 of 1 April 27, 2022
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING COST OF
FUEL ADJUSTMENT BETWEEN THE CITY OF WILLITS AND SOLID WASTES OF WILLITS, INC. FOR COLLECTION, TRANSOPORTAION, DISPOSAL AND RECYCLING OF GARBAGE, REFUSE AND RUBBISH AND RAISING SOLID WASTE COLLECTION FEES BY 1.62- PERCENT BEGINNING MAY 1, 2022.
WHEREAS, the City of Willits contracts with Solid Waste of Willits, Inc. (SWOW) for solid waste collection services; and
WHEREAS, Rates for collection, transportation and disposal of solid waste were set by considering income received from the sale of recyclables as well as rates charged to consumers; and
WHEREAS, Fuel prices have risen to an unanticipated all-time high during the August to February 2022 period, which is the time since the last assessment, effectively increased the costs of transportation by the increase of fuel by 37.4%; and WHEREAS, the collection rates that became effective January 1, 2022 does not cover the new higher diesel fuel costs; and
WHEREAS, Solid Waste of Willits, Inc. has proposed a cost-of-fuel adjustment for the collection, transportation, disposal and recycling of garbage, refuse, and rubbish that will consider the new transportation costs for services to the citizens of Willits.
NOW, THEREFORE, BE IT RESOLVED, that the cost-of-fuel adjustment to the fees set between the City of Willits and Solid Waste of Willits, Inc for the collection, transportation, disposal and recycling of garbage, refuse and rubbish is approved and will raise collection fees by 1.62- percent as of May 1, 2021.
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 27nd day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
_______________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9b
Meeting Date: April 27, 2022
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director/City Treasurer Agenda Title: ADOPTION OF RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2021-22 FISCAL YEAR, PURSUANT TO ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15min Summary of Request: According to the California state appropriations limit (SAL) also known as the Gann Spending-Limitation Initiative (Article XIII B of the State Constitution) adopted as Proposition 4 in June of 1979 (and subsequently modified by Proposition 111 in June of 1990), the City is required to annually adopt a resolution setting an appropriations limit for each fiscal year. For 2021-22, staff projects that the City’s appropriations (for all general governmental funds) subject to limitations to be $5,318,641, which is $2,102,757 less than the calculated limit of $7,421,397.
Background and Key Concepts
The Gann Spending-Limitation Initiative provides for the limitation of state and local government appropriations. As discussed in the following summary of the major provisions of the Gann Initiative and Proposition 111 modifications, the Gann Initiative is actually a limitation on tax revenues rather than a direct limitation on appropriations:
1. Appropriations subject to limitation may not exceed appropriations made in 1978-79 except as adjusted for increases in the cost of living, population and service responsibility transfers.
2. Appropriations financed through service fees (to the degree that they do not exceed the cost of performing the service), grant programs, fines and forfeitures, and other specified “non-tax” sources are not subject to the appropriations limit. Additionally, appropriations for long-term indebtedness incurred prior to 1978-79, debt service on qualified capital outlays beginning in 1990-91, qualified capital outlays in excess of major capital-related expenditures, all appropriations funded through tax revenues are subject to limitation.
3. For the purpose of identifying “proceeds from taxes” under the Gann Initiative, state subventions that are unrestricted as to their use (such as motor vehicle in-lieu revenues) are considered to be tax sources. On the other hand, the use of subventions like gas tax and transportation development act funds is restricted by the State, and as such, is classified as non-tax sources.
4. Under the original Gann Initiative, all proceeds from taxes received in excess of the appropriations limit were required to be returned through refunds or revisions in tax rates and fee schedules within the next two fiscal years; or voter approval to increase the appropriations limit was required.
Proposition 111 provides a one-year carryover feature to determine excess revenues under which refunds can be avoided if in the subsequent year the City is below the limit by the amount of the prior year excess. Any voter approved increased to the appropriations limit cannot exceed four years.
5. Originally, the Gann Initiative was self-executing, requiring no formal review; however, Proposition 111 requires that the annual calculation be reviewed as part of the annual financial audit.
6. Major concepts in implementing the Gann Initiative as modified by Proposition 111 include:
appropriations funded through tax sources are subject to the limit, not actual expenditures; and any excess of actual tax revenues over the appropriations limit, not actual expenditures or appropriations, are subject to refund.
Adjustment Factors
The annual adjustment factors for changes in population and cost of living for the appropriations limit calculation must be selected by a recorded vote of the Council, and include the following:
1. Population. Based on data provided annually by the State Department of Finance, cities may annually choose either the growth in their city’s or the county’s population.
For this year’s calculation, the City’s population growth factor (which exceeds the County’s factor) is the recommended adjustment factor as discussed below.
2. Cost of living. Local governments may annually choose either the percentage change in California per capita personal income or the percentage change in their jurisdiction’s assessed valuation that is attributable to the non-residential new construction.
Data for the percentage change in California per capita personal income change is provided annually by the State Department of Finance. Data for the preceding year in calculating the increase in the non-residential assessed valuation is not currently available from the County; therefore, the recommended cost of living factor is California per capita income. However, when non-residential construction data becomes available from the County, the limit can be recalculated and retroactively adopted if different results are anticipated.
Calculation Summary
A summary of the City’s appropriations limit history is provided in Attachment 2. As reflected in that summary, the City’s limit for 2020-21 is $7,053,889 calculated as follows:
Appropriations Limit Calculations
2019-20 Appropriations Limit Adopted
$ 7,053,889
Adjustment Factors
A. Cost of Living Options
1. Percentage change in assessed value in the preceding year due to Not currently new non-residential construction. available
2. Percentage change in California per capita income 5.73% B. Population Options
1. Percentage change in City population -0.49%
2. Percentage change in County population -1.02%
Percentage Factor (Cost of Living factor x Population factor) 1.0521 2020-21 Appropriations Limit $ 7,421,397
The options in bold print are provided by the California Department of Finance.
Attachments:
1. Resolution adopting the City’s appropriations limit for Fiscal Year 2021-22.
2. City’s appropriation limit history.
Recommended Action: Adopt resolution establishing the appropriations limit for the fiscal year 2021-22.
Alternative(s): None recommended.
Fiscal Impact: There is no negative impact resulting from the adoption of the limit for fiscal year 2021-22.
The budgeted appropriations are well below the City’s appropriations limit.
Personnel Impact: Minimal.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021-22 PURSUANT TO ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA.
WHEREAS, Article XIII B of the California Constitution (Proposition 4) provides for an annual appropriations limit for state and local governments beginning with the 1980-81 fiscal year, based on the 1978-79 appropriations, as adjusted for the changes in the cost of living or per capita personal income, population, and other specified factors; and WHEREAS, implementing legislation, which became effective January 1, 1981, provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the year pursuant to Article III B at a regularly scheduled meeting or noticed special meeting; and
WHEREAS, Proposition 111 subsequently amended Article XIII B of the California Constitution to provide for certain revisions in the population and inflation factors used in the calculation of the appropriations limit and to provide for a recalculation of the appropriation limit data for the fiscal years 1987-88 through 1990-91; and
WHEREAS, the appropriation limit for the City of Willits for the 2020-21 fiscal year has been calculated to be $7,421,397, using such revisions and recalculations; and WHEREAS, the legislation provides that documentation used in the determination of the appropriations limit shall be available to the public 15 days before such meeting, and that obligation has been met.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Willits hereby (a) elects the change in the California Per Capita Income for calculating the inflation factor, and (b) elects the change in the County of Mendocino population for calculating the population factor, necessary to determine the City's appropriation limit.
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 27nd day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
_______________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Attachment: Exhibit A – Appropriations Limit (GANN) Calculation Exhibit A
CITY OF WILLITS
Article XIIIB Appropriations Limit (GANN) Calculation
Fiscal Year 2021-22
FY 2021-22 Appropriations Limit, as Adopted 7,053,889 $ Adjustment Factors:
Price Factor (1) 1.0573
Population (2) 0.9951
Total Adjustment Factors (3) 1.0521
Total Adjustments 367,508
FY 2021-22 Appropriations Limit (Rounded) 7,421,397 $
Appropriations Subject To Limitation
Fiscal Year 2021-22
Proceeds of Taxes $ 5,318,641
User Fees and Charges in Excess of Costs 0
Appropriations Subject to Limit 5,318,641
Fiscal Year 2021-22 Appropriations Limit 7,421,397 $
Less Appropriations Subject to the Limit 5,318,641
Under/(Over) Appropriations Limit 2,102,756 $
(2) The population factor may be based on the change in population of 1) the City or 2) the County of Mendocino, as provided by the State of California's Department of Finance. The population factor adopted by the City for the represented year's appropriation (3) The total adjustment factor is calculated by multiplying the population factor by the price factor. (1) The price factor may be based on 1) the change in per capita personal income for the State of California's Department of Finance; or 2) the change in the assessed valuation due to new non-residential construction within the City. The inflation factor adopted by the City for the current year appropriation limit represents the change in per capita personal income.
FINANCIAL AND STATISTICAL TABLES
CITY OF WILLITS
APPROPRIATIONS LIMIT HISTORY
The Gann Spending Limit Initiative, a State constitutional amendment adopted by the voters on June 6, 1979, restricts appropriations from tax revenues by State and local governments.
Under its provisions, no local agency can appropriate proceeds of taxes in excess of its "appropriations limit." Excess funds may be carried over into the next year. However, any excess funds remaining after the second year must be returned to taxpayers by reducing tax rates or fees; or a majority of the voters may approve an override to increase the limit.
The following summarizes changes in the City's appropriations limit and appropriations subject to the limit since the effective date of the initiative. While there are exceptions, in general, the City's appropriations limit increases annually by compound changes in cost-of-living and population. This summary also reflects changes made by Proposition 111 (adopted in June 1990) in determining the appropriations limit as well as the appropriations subject to it.
Fiscal Year Limit Base
Cost of Living
Factor Population Factor Appropriations Limit
Appropriations Subject
to Limit Variance
1978-79 3.26% 1,007,836 958,000 49,836
1979-80 1,007,836 10.17% 3.18% 1,040,692 958,010 1,040,692 * 1980-81 1,040,692 12.11% 2.96% 1,182,990 1,053,513 1,182,990 * 1981-82 1,182,990 9.12% 0.31% 1,294,880 1,114,500 180,380 1982-83 1,294,880 6.79% 1.69% 1,406,172 1,168,103 1,406,172 * 1983-84 1,406,172 2.35% 4.07% 1,497,793 1,229,235 1,497,793 * 1984-85 1,497,793 4.74% 2.23% 1,603,773 1,300,174 1,603,773 * 1985-86 1,603,773 3.74% 2.54% 1,706,013 1,196,957 509,056 1986-87 1,706,013 2.30% 1.20% 1,766,195 1,366,059 400,136 Post-Proposition 111 0
1987-88 1,766,195 3.47% 1.52% 1,855,259 1,379,288 1,855,259 * 1988-89 1,855,259 4.66% 1.82% 1,977,053 1,351,651 625,402 1989-90 1,977,053 5.19% 2.64% 2,134,566 1,848,351 286,215 1990-91 2,134,566 4.21% 2.61% 2,282,488 1,507,060 775,428 1991-92 2,282,488 4.14% 1.76% 2,418,818 1,524,510 2,418,818 * 1992-93 2,418,818 -0.64% 1.04% 2,428,333 1,506,223 2,428,333 * 1993-94 2,428,333 2.72% 1.33% 2,527,559 1,594,550 933,009 1994-95 2,527,559 0.71% 2.37% 2,605,833 1,585,902 1,019,931 1995-96 2,605,833 4.72% 0.65% 2,746,565 1,634,248 1,112,317 1996-97 2,746,565 4.67% 1.65% 2,922,265 1,732,572 1,189,693 1997-98 2,922,265 4.67% 1.83% 3,114,709 1,690,934 3,114,709 * 1998-99 3,114,709 4.15% 1.21% 3,283,222 1,624,423 1,658,799 1999-00 3,283,222 4.53% 1.21% 3,473,478 1,621,234 1,852,244 2000-01 3,473,478 4.91% 1.43% 3,696,136 1,744,753 1,951,383 2001-02 3,696,136 0.33% 0.20% 3,715,750 1,802,365 1,913,385 2002-03 3,715,750 0.33% 0.72% 3,754,853 1,916,480 1,838,373 2003-04 3,754,853 2.31% 0.76% 3,870,787 1,936,945 3,870,787 * 2004-05 3,870,787 3.28% 1.13% 4,042,923 2,006,648 2,036,275 2005-06 4,042,923 5.26% 0.69% 4,284,944 2,074,406 2,210,538 2006-07 4,284,944 3.96% 0.20% 4,463,537 2,401,614 2,061,923 2007-08 4,463,537 4.42% 0.50% 4,684,130 2,412,530 2,271,600 2008-09 4,684,130 4.29% 0.52% 4,910,481 2,480,006 4,910,481 * 2009-10 4,910,481 0.62% 0.52% 4,966,619 2,594,638 2,371,981 2010-11 4,966,619 -2.54% 0.39% 4,859,345 2,439,508 2,419,837 2011-12 4,859,345 2.51% 0.45% 5,003,730 2,564,501 2,439,229 2012-13 5,003,730 3.77% -0.16% 5,184,063 2,905,515 2,278,548 2013-14 5,184,063 5.12% 0.41% 5,471,830 2,927,176 2,544,654 2014-15 5,471,830 -0.23% 0.67% 5,495,822 2,931,383 2,564,438 2015-16 5,495,822 3.82% 0.30% 5,722,879 2,922,121 2,800,758 2016-17 5,722,879 5.37% 0.39% 6,053,716 2,859,000 3,194,716 2017-18 6,053,716 3.69% 0.55% 6,311,622 2,581,726 3,729,896 2018-19 6,311,622 3.67% 0.71% 6,589,716 3,060,217 3,529,499 2019-20 6,589,716 3.85% -0.58% 6,833,840 3,180,494 3,653,346 2020-21 6,833,840 3.73% -0.88% 7,053,889 3,324,923 3,728,966 2021-22 7,053,889 5.73% -0.49% 7,421,397 5,318,641 2,102,756 * Appropriation Subject to Limit Estimated
$750,000
$1,750,000
$2,750,000
$3,750,000
$4,750,000
$5,750,000
$6,750,000
$7,750,000
$8,750,000
1978‐791980‐811982‐831984‐851986‐871988‐891990‐911992‐931994‐951996‐971998‐992000‐012002‐032004‐052006‐072008‐092010‐112012‐132014‐152016‐172018‐192020‐21 Appropriations 1979‐2022
Appropriations Limit Appropriations Subject to Limit
Item No. 9c
Meeting Date: April 27, 2022
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Scott Herman, Public Works Director
Agenda Title: DISCUSSION AND POSSIBLE ACTION ADOPTING A RESOLUTION APPROVING THE
PARK WELL TRUCK FILL STATION POLICY AND THE ESTABLISHMENT OF A SPECIAL REVENUE
FUND TO RECORD REVENUE GENERATED BY BULK WATER SALES, WITH THE REVENUE
DESIGNATED AS A FUNDING SOURCE FOR PARKS OPERATIONS, MAINTENANCE, AND IMPROVEMENTS.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 25 min.
Summary of Request:
The Park Well Truck Fill Station has been in operation in its current location for the last five years. It was moved from Franklin Street to the Park Well, which is located in the parking lot of the City ballfields on the south side of East Commercial Street. The facility was moved, in part, to supply this important community water resource from groundwater, rather than potable water. The added benefit from this move was that the revenue generated by bulk water sales could be used as a source of revenue for the City Parks. Prior to that, the City Parks had been solely dependent on the General Fund to pay for operations, maintenance, and improvements to the Parks. Implementation of the Truck Fill Station in its current location also brought concerns over water hauler activity in the parking lot of the ballfields. On September 29, 2021, staff presented several options to Council to address these concerns. Of the five options brought to Council, two of the options were preferred for development into a policy for future use: (1) Restrict hours of operations to avoid conflicts with sporting events; and (2) Reconfigure the existing parking lot to reduce impacts to the unpaved surface and to separate sports facility uses from the Fill Station.
Staff has prepared the Park Well Truck Fill Station Policy to address the first option of restricting hours of operation, as well as to establish other operational parameters. The second option, reconfiguring the parking lot, was considered as a functional separation with minor physical barriers to potentially divide the parking area. After further consideration of this option following the Council meeting, staff reviewed the existing site conditions and made the preliminary determination that a larger, master planning effort would serve the greater needs of the community. As the recreation hub for the City of Willits and considering its proximity to the Mendocino County Museum and Library, the Roots of Motive Power and the Skunk Train Depot, a wider focus on improvements is envisioned. These improvements would look at pedestrian safety, traffic calming, facility connectivity, lighting improvements and improving the use of the existing space. Planning for these improvements would require a process that would include extensive public participation through surveys and public hearings; focus meetings with stakeholders; collaboration with respect to the available space; and identifying potential funding sources. That planning effort is in progress and a presentation of some general concepts will be a part of tonight’s meeting.
In response to Council’s direction to restrict hours, the proposed policy would restrict the hours of operation by closing the truck fill station Monday through Friday between the hours of 4:30 PM to 8:00 PM and on Saturday from 8:00 AM to 3:00 PM from March 1st through October 31st. This would address the safety concerns related to haulers maneuvering around the parking lot during sports events. The policy further establishes that:
• The Park Well Truck Fill Station could be closed at any time without notice by City Council, the City Manager, the Public Works Director, or a designee.
• The City Manager or Public Works Director may authorize emergency use may at any time without notice.
• Bulk water customers will be provided a 48-hour notice in advance of any policy changes. • Bulk water consumers will be limited – the City is not currently taking new applications for water hauling unless it is for verified construction projects.
• Water haulers will be advised that the Truck Fill Station cannot be used during a community event that occurs outside of the established hours of closure.
This policy has been prepared to establish parameters of use so the community can use the ballfield facilities while avoiding conflicts.
If approved by Council, plans for this season include upgrading the software to allow staff to restrict the operational hours, applying drain rock to the parking area to reduce impacts caused by water hauling activity, and an anticipated increase to bulk water fees in the FY22/23 Fee Schedule.
Attached are the resolution and draft policy for Council’s consideration.
Additionally, staff recommends the creation of a new Special Revenue Fund to recognize and accept the revenue from bulk water sales. This revenue is designated as a funding source for the Parks Department.
The establishment of this fund will ensure that the revenue generated by bulk water sales continues to fund park operations, maintenance, and improvements. The Special Revenue fund will reimburse the General Fund for park operations within the budget.
Recommended Action: Approve the accompanying Resolution establishing the Park Well Truck Fill Station Policy and Special Revenue Fund to record revenue generated by bulk water sales.
Alternative(s): None
Fiscal Impact: The cost to reconfigure the software program to limit the hours of use is approximately $4,500. Over the last three years, the Park Well Truck Fill Station generated an average of $113,000 per calendar year. Staff does not have an estimate on how much the restricted the hours may reduce anticipated revenue; however, hauler fees will be increased in the coming months to help pay for upgrades to the facility, that small revenue increase will hopefully offset some of the loss of revenue. Revenue generated by the Truck Fill Station will contribute to operations, maintenance, and future improvements to the Parks, as well as any necessary upgrades to the Truck Fill Station facility. This revenue will reduce the Parks’ reliance on general fund contributions.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ 1 Park Well Truck Fill Station Policy
City of Willits
This policy is intended to provide guidelines for the operation of the City of Willits truck fill station on East Commercial Street. These guidelines control the times during which water tenders can access the truck fill station and limit the usage during community events.
The truck fill station was moved from Franklin St. to East Commercial St. in 2016 to provide a non-potable water source for bulk sales to public and private water haulers. The fill station was connected to the City’s potable water system on Franklin St. near the Solid Waste of Willits prior to being relocated. The primary reason the fill station was moved was to provide an additional source of revenue to fund maintenance and capital improvements expenses for the City’s parks and recreational facilities. For about the last ten years, the parks fund has been operating on a minimal budget as part of an effort to balance the General Fund deficit, the truck fill station was established at the Park Well to generate additional revenue to supplement the contributions from the General Fund, as well as ease the burden on the fund. Secondarily, providing bulk water at a reasonable price was expected to reduce water theft at remote hydrants and from unoccupied residences. This will help preserve surface water supply and reduce unaccounted for water loss.
To balance the needs of the community and improve the safety at the fill station site, this policy creates the following provisions for the operation of the Park Well:
From March 1st through October 31st, access to the Park Well will not be allowed during the following times:
o Monday through Friday: 4:30 PM – 8:00 PM.
o Saturday: 8:00 AM – 3:00 PM.
o Sunday: No closure.
The Park Well can be closed at any time without notice by the City Council, the City Manager, or the Public Works Director, or their designee.
The City Manager or the Public Works Director may authorize emergency use at any time without notice.
Bulk water customers will be provided a 48-hour notice in advance of any material changes to this policy.
111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
Gateway to the Redwoods
2 Limit bulk water customers – the City is not currently taking new applications for water hauling, unless it is for verified construction projects.
The City reserves the right to remove customers from the program for nonpayment, inactive use for over one year, or not following the policy guidelines. Water haulers shall be advised that they cannot use the fill station should a community event occur outside of the hours of closure. This policy will be reviewed on an annual basis to evaluate its efficacy.
Resolution No. 2022-__ Page 1 of 2 April 27, 2022
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE PARK
WELL TRUCK FILL STATION POLICY AND THE ESTABLISHMENT OF A SPECIAL
REVENUE FUND TO RECORD REVENUE GENERATED BY BULK WATER SALES, WITH
THE REVENUE DESIGNATED AS A FUNDING SOURCE FOR PARKS OPERATIONS, MAINTENANCE, AND IMPROVEMENTS.
WHEREAS, the Park Well Truck Fill Station was established in 2016 to provide bulk water sales from a non-potable, groundwater source, rather than potable water, which supplied the previous bulk water station on Franklin Street; and
WHEREAS, moving the Fill Station to the Park Well provided the added benefit of a new revenue source from bulk water sales to offset Park expenses, including: operations, maintenance, and improvements expenses; and
WHEREAS, the new location presented concerns regarding conflicts between hauling activities and sporting events, and impacts to the parking lot area, including increased dust and standing water which produced mud puddles; and
WHEREAS, on September 29, 2021, staff brought several options to Council for consideration to address these issues; and
WHEREAS, Council provided direction to develop a policy which incorporated the following two options: (1) Restrict hours of operations to avoid conflicts with sporting events; and (2) Reconfigure the existing parking lot to reduce nuisance mud puddles and dust; and WHEREAS, staff developed the attached policy, which incorporates restriction of hours to avoid conflicts, amongst other guidelines for use; and
WHEREAS, further plans are being developed to pave the parking lot and reconfigure the sports complex area to enhance patrons’ experience; and WHEREAS, the establishment of a special revenue fund to assign the revenue generated by the bulk water sales as a source of funding for Parks operations, maintenance, and improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits approves the Park Well Truck Fill Station Policy and the development of a Special Revenue Fund to record the revenue generated by bulk water sales and track the reimbursement to the General Fund for operations, maintenance, and improvements to the City Parks.
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 27th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
Resolution No. 2022-__ Page 2 of 2 April 27, 2022
ATTEST:
__________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN
City Clerk
Monthly Achievements & Activities
• The hangar inspections are almost complete, with the need to schedule the remaining tenants from out of the area.
• Coordinating with prospective tenants, FAA, and staff to establish agreements for land use and hangar development.
• Ordered fuel, the AST was re-filled, and adjusted the prices accordingly. With the climbing price of fuel and delivery, costs of 100LL/AVGAS continue to rise. • The lack of available contractors and demand for parts to upgrade the fuel distribution system has lengthened the process of obtaining reasonable quotes; the City is in process of seeking other affordable options.
• Updated the CERS permitting requirements on the County’s compliance database. • Submitted revised CIP documents to the FAA for approval. This is a working document that identifies future projects and helps secure yearly funding. Community Development oversaw the revision process with the airport consultants to draft and file this document.
Project Updates
• High Mountain Security received approval to install the security camera system. Work will begin soon to install the new system and increase security.
• Postponed the restroom remodel project as the City looks towards potential facility developments and reconfiguration.
Staffing Items
• No report.
Budget Status
• No report.
Focus for Next Month
• Continue to work on potential hangar developments.
• Review eligible submissions for the fuel system upgrade and select a contractor. • Finish remaining hangar inspections.
• Inspect and refill the provided exterior fire extinguishers. • Repair a section of asphalt in the movement area on the southwest side that is failing due to hydraulics.
Airport Monthly Report
March | 2022
1 Monthly Achievements & Activities
• Issued eighteen Building Permits.
• Opened one Code Enforcement case.
• Closed one Code Enforcement case.
• Twelve active Code Enforcement cases.
Project Updates
• The Willits CDBG Loan Program is active. The City began accepting business loan applications on March 21st. To date, the City has received application from 11 businesses requesting a total of $415,000. Consultants are currently processing applications/loan requests in the order they were received. Staff anticipates releasing loan funds to local businesses in May. Local businesses are still encourage to apply, although limited program funds remain. Staff will be accepting additional applications on April 26th by appointment only. More information can be found on the City website. http://www.cityofwillits.org/286/Willits-CDBG-Business-LoanProgram. • The CCC is building a new campus in Willits. Staff understands that CCC staff are planning to virtually attend the May 11th Council meeting and provide Council with a project update. • The Community Development Department has completed the initial setup of an online web portal for building permit applications and code enforcement requests. We are currently testing the process for usability and expect to go live with the site in early May. Community members will be able to submit code enforcement requests and permit applications online as well as schedule inspections and review inspection results.
• Progress continues on the Willits Rail Trail project. We are currently working on completing the environmental phase of the project including the environmental document to satisfy CEQA. The Public Review Draft Initial Study/Mitigated Negative Declaration (IS/MND) is currently being circulated for public review. IS/MND can be viewed on the City website http://www.cityofwillits.org/285/Rail-Trail-Project or a copy is available for review at the Community Development Department. The Rail Trail project IS/MND will be presented to Council for potential adoption at the April 27th Council meeting. • Staff is working on finalizing a public draft of the City Flood Emergency Response Plan. The project consultants and reviewing staff comments and a final draft Plan is expected to be delivered to staff in May.
Community Development March 2022 | Report
2 • A total of $61,230.79 was collected in cannabis excise taxes for 4th quarter of 2021. • Staff recorded the Willits Airport Runway Rehabilitation Project Notice of Completion. Staff is seeking final reimbursement from the FAA before closing out the project. The project was completed under budget and was fully financed by a combination of FAA entitlement and discretionary funds.
• Staff is working with the FAA to complete planning documents as required to receive an additional $110,000 annually for the next five-years. These new funds are made available through the Federal Infrastructure Investment and Jobs Act.
Staffing Items
• The Department is looking to fill the position of Community Development Specialist.
Job description can be found on the City website:
http://www.cityofwillits.org/219/Employment-Opportunities • A prospective hire for the open City Planner position is currently going through standard background check and hiring protocols. Hope to announce new member to our team very soon.
Budget Status
• No items to report.
Focus for Next Month
• CDBG business assistance loan program
o Continue to process business loan applications.
o Hold Loan Committee Meeting as required by HCD before issuing loan funds. o Issue loans.
• 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 schedule for Council meeting. o Request allocation of PS&E funds from CTC. Begin design phase. • Flood Emergency Response Plan
o Finalize FERP and schedule for Council meeting.
• Downtown Willits Highway Signage
o Work (annoyingly bug) with Caltrans to obtain permission to install signage as requested by Council.
• Finalize Request for Proposal to solicit consultant assistance on a General Plan Land Use Element Update and Sphere of Influence Amendment.
• Expand efforts to recruit Community Development Specialist position in the Department. 1 Monthly Achievements & Activities
• Utilizing the engineering on-call contracts for:
o Preparation of easements for Railroad Ave. water main relocation (SHN). o Preparing the Spring Operations plan to request changing the annual start date to March 1st, rather than the current April 1st, for flash board installation at Centennial (Tall Tree). o Various other task orders issued by Community Development to support work in their department (SHN & EBA)
• Bid preparation and management for the Community Center roof repair. • Bid management for Blosser Lane Rehab.
• Preparing for relocation of a section (approximately 340 lineal feet) of water main that runs between the southerly extension of Railroad Avenue and Main Street along the railroad tracks.
The section is badly leaking and needs replacement as soon as possible. • Preparing annual budgets for several general fund departments, as well as gas tax, transportation tax, landfill, water, and sewer).
• Preparing reimbursement and close-out SB1 grant funding paperwork for the 2021 Pavement Preservation Project (Dig-Out Project)
• Continuing review of Encroachment Permit Applications. Major permits in progress:
o There are multiple pending utility permits throughout the City. o Multiple projects are planned for this spring on and around East Hill Road, including the CCC project and two PG&E permits.
Project Updates
• Blosser Lane Rehabilitation is out for bid. Bid opening is April 27th. Staff is preparing construction staking and continuing outreach and site preparation for the project. • Staff is working with consultants to develop plans and specifications, and apply for permits for the Groundwater Resiliency Improvement Project.
•
Staffing Items
• No items to report.
Budget Status
• Approximately 40-percent of FY 21/22 Budget for 100-1042 (Engineering home fund) spent to-date
Engineering Report
March | 2022
2 Focus for Next Month
• Identification of, and preparation for, the 2022 Pavement Preservation Project. • Preparation for this year’s annual traffic striping project. • Submit reimbursement and closeout SB1 grant funding paperwork for the 2021 Pavement Preservation Project (Dig-Out Project).
• Reporting for various Caltrans-administered grants.
• Preparation of allocation request for SB1 Local Partnership Program grant funding for upcoming Annual Preservation Project.
• Encroachment Permit management.
• Groundwater Resiliency Improvement Project development. • Landfill management.
1 Monthly Achievements & Activities
March 2021 March 2022
• Calls for service (CFS) 766 758
• Cases 93 103
• Arrests 31 27
• Citations 25 118
Project Updates
• No items to report.
Staffing Items
• Our Officer and Dispatcher trainees continued to develop and improve as they go through their Field Training Programs. Our Police Officer will now be patrolling solo, allowing us to deploy an additional visible patrol car in our streets. • We are currently recruiting for three police officer positions, one CSO, another dispatcher, and a School Resource Officer.
• We have conducted interviews for our next dispatcher position and will be making a selection and send them through the process soon.
• We have a lateral police officer candidate halfway through his background and hope to have him start the latter part of May or the first week of June. • We are scheduling on-site interviews for the CSO position, as we have gotten some viable applications submitted.
Budget Status
• No items to report.
Progress on Adopted Goals
• See Staffing and Project Updates for this month.
Focus for Next Month
• Continue Community Outreach.
• Recruit applicants for our vacant police officer and dispatcher positions and provide entrylevel interviews and appropriate testing.
Police Department
March 2022 | Report
2 • Evaluate applications for full time CSO position.
• Recruitment for SRO candidate.
1 Monthly Achievements & Activities
• Installed the boards at Lake Centennial, allowing the reservoir to capture as much water as possible from the last rains of the season.
• Repaired several water leaks at various locations, including one in a difficult to access location at the end of Railroad Avenue behind Safeway. This section of line has been identified as being in need of replacement and the project is being scheduled as soon as possible. • Burned several years’ worth of accumulated brush from roadside removals on Water Plant Road. The effort removed dry fuels and helps mitigate the fire threat. • A large Oak tree adjacent to Oak Glenn Apartments toppled due to heavy rain and winds at 2 AM Saturday the 16th. The tree was cut back out of the roadway and the sidewalk was cleared.
The crew also removed a portion of the tree that had blocked both the exit and entrance to the apartments so that the residents were able to access Locust Street. • Repaired several drinking fountains at the Sports Complex and Main Street next to J.D. Red House.
• Installed an additional pet waste station at Recreation Grove. • Conducted an audit of existing signs posted at parks and recreation facilities.
Project Updates
• Replaced the damaged upright on the play structure at Snyder Park and reopened the structure to the public.
• Continuing with the water distribution system flushing as the crew worked their way through the neighborhoods. Flushing occurs on Tuesdays, Wednesdays, and Thursdays until it is complete.
• The Sequoia Redwood at Babcock Park was topped and limbed, removing the majority of dead wood three-inches in diameter and greater. The large stump from last year was dug out and the hole was back-filled. The large root system was also completely removed, making future developments and replanting a possibility.
• Coastal Mountain Electric provided a project scope and quote for overhead lighting at the Wood Street Parking Lot.
• Family Tree Service Inc. was contacted to provide a quote for removal and stump grinding of a tree on E. Commercial Street that has large surface roots compromising the sidewalk. The property owner is planning to repair the sidewalk adjacent to their business and after consulting their on-staff arborist it was determined that grinding the roots would weaken and kill the tree. The tree will be removed to alleviate the potential tripping hazard the roots pose to the public and allow the repaving of the sidewalk to take place.
Public Works
March 2022 | Report
2 • Weed abatement, fertilizing and re-seeding was conducted at the sports complex in preparation for the spring athletic seasons. Irrigation has been minimal due to the recent rains but will resume when the storms subside. Mowing is as weather allows. • High mowing has begun along roadways and on City properties through-out town. The warmer weather followed by rainstorms has caused the grass and weeds to flourish, and this will be an ongoing project through the next few months.
Staffing Items
• Conducted interviews for the Public Works Maintenance Worker 1 position. One of the three applicants was selected and is undergoing background and medical testing. Once that process is complete, the applicant will begin full-time employment as soon as possible.
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. The recent rains prevent the completion of this project.
• Install drainage at the fill station parking lot.
• Finish flushing the water distribution system.
• Evaluate and obtain quotes for tree trimming and necessary removals at Recreation Grove. • Start planning for projects and repairs to upgrade recreation facilities. • Paint curbs and traffic control markings at various locations. • Continue weed abatement and roadside mowing.
1 Monthly Achievements & Activities
• Repaired a water main leak on Railroad Avenue.
• Repaired a sewer lateral connection on Eva Claire.
• Repaired a water service on Locust Street.
• Continue flushing (six more flushing days to complete). • Replaced chlorine lines and foot valve at Surface Water Treatment Plant (SWTP). • Replaced a failed level float at Berryhill Distribution Tank. • Installed a new strainer/feed line on the potassium permanganate system. • Replaced fuses at Bittenbender Pump Station.
• Worked with AT&T on a failed telemetry line from Berryhill Pump Station. • Cleaned 2,000 lineal feet of sewer mainline.
• Replaced 20 water meters throughout the distribution system for the Meter Replacement Program. • Completed four 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 603-acre feet equates to 97-percent of full capacity (April 18th).
• Continuing the annual water main flushing program: Completed since last report: Holly St, Hazel, Walnut, Magnolia St, Locust, Della Ave, Blosser Lane, Robert Way, Franklin Ave, Hwy 20 to KOA Campground, South St, West Oak, East Oak, Central Ave, Alameda, Monroe, Railroad Ave, E. San Francisco, E. Valley, Creekside Dr, S. Lenore Ave, Madden, Humboldt, State St, Marin, E. Commercial St and N. Lenore. [The east side of town is completed.] Staffing Items
• Filled one Water Treatment Operator position-(fully staffed with six-operators). • Filled two Wastewater Treatment Operator positions-(fully staffed with six-operators).
Budget Status
• Water Enterprise Fund: Preparing the FY 22/23 Budget. • Wastewater Enterprise Fund: Preparing the FY 22/23 Budget.
Utilities
March 2022 | Report
2 Progress on Adopted Goals
• No items to report.
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 Waste Water Treatment Plant. • Start cross connection program backflow testing (water) with John Graham Backflow Services for the entire system (approximately 400 devices).
• Replace four-inch, steel water main and replace services on Railroad Ave with six-inch C900.