Agenda — Willits City Council, March 8, 2023

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

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WILLITS CITY COUNCIL

AGENDA (AMENDED)
MARCH 8, 2023 | 6:30 PM | CITY COUNCIL CHAMBERS

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

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

3. PUBLIC MATTERS
a. Noticed Public Hearing - Conduct Annual Review of Rates and Charges for Various City Services and Adopt a Resolution Approving Changes in Certain City Fees and Charges, Effective April 1, 2023.

Presenting Staff Member: Manuel Orozco, Finance Director

4. ENACTMENT OF ORDINANCES (AMENDED)
a. Discussion and Possible Action to Adopt an Ordinance and Waive the Second Reading to Amend Title 12 of the Willits Municipal Code, Adding Chapter 12.10, Entitled To Approve or Deny Abandonments of City Right-of-Way.

Presenting Staff Member: Brian Bender, City Manager

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

The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. February 22, 2023

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. New Business License – February 2023

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

Willits City Council Agenda – March 8, 2023.

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8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Adopt a Resolution Opposing Initiative 21-0042A1, The Taxpayer Protection and Government Accountability Act.
b. Discussion and Possible Approval of a Reorganization of Public Works/Engineering into The Services & Facilities Department.
c. Verbal Reports – No Action.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Discussion and Possible Adoption of a Resolution Approving Conditional Use Permit Application #U-21-01 for an Accessory Caretakers Unit at an Existing Storage Facility Located at 325 Robert Drive owned by Mr. Curtis Lyon.

Presenting Staff Member: Taylor Perry, City Planner
b. Approve a New Description for a Senior City Planner for Placement in the Community Development Department, Effective March 9, 2023.

Presenting Staff Member; Karen Stevenson, Human Resources Manager c. Economic Report for the City of Willits.

Presenting Staff Member – Manuel Orozco, Finance Director

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) a. Airport. b. Community Dev. c. Engineering. d. Finance e. Police Dept. f. Public Works. g. Utilities.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None.

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

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

Dated this 3rd day of March, 2023.

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7121 or Fax (707) 459-1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

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

Item No. 3a
Meeting Date: March 8, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel Orozco Finance Director/ City Treasurer
Agenda Title: NOTICED PUBLIC HEARING TO CONDUCT ANNUAL REVIEW OF RATES AND CHARGES

FOR VARIOUS CITY SERVICES AND ADOPT A RESOLUTION APPROVING CHANGES IN CERTAIN CITY FEES AND CHARGES, EFFECTIVE APRIL 1, 2023.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 min.

Summary of Request: Each year, the City’s rates and fees are reviewed by Department Heads and proposed changes are provided to the City Council for approval.

Attachment A highlights the proposed changes in yellow.

Recommended Action: Staff advises the City Council to commence with the following two actions: 1) Conduct a public hearing and accept testimony regarding fees and charges; and 2) Adopt the accompanying Resolution approving City fees and charges, effective April 1, 2023.

Alternative(s): Following the public hearing and discussion, adopt a Resolution approving changes in certain fees and charges alternative to those recommended by staff.

Fiscal Impact: All recommended changes are in accordance with staff’s analysis of the need to keep pace with costs of providing necessary services, in accordance with law.

Personnel Impact: Minimal.

Business License Fee Schedule
Retail Sales
Prof. Services
But Not More Real Estate Manufacturers Contractors
Than Rentals, Misc Wholesalers Subcontractors
$
- $ 4,999.00 $ 15.00 $ 15.00 $ 15.00
$ 5,000.00 $ 9,999.00 $ 20.00 $ 15.00 $ 15.00
$ 10,000.00 $ 14,999.00 $ 25.00 $ 16.00 $ 16.00
$ 15,000.00 $ 24,999.00 $ 40.00 $ 16.00 $ 16.00
$ 25,000.00 $ 49,999.00 $ 65.00 $ 17.00 $ 17.00
$ 50,000.00 $ 74,999.00 $ 76.00 $ 17.00 $ 17.00
$ 75,000.00 $ 99,999.00 $ 96.00 $ 19.00 $ 19.00
$ 100,000.00 $ 124,999.00 $ 116.00 $ 20.00 $ 20.00
$ 125,000.00 $ 149,999.00 $ 141.00 $ 20.00 $ 20.00
$ 150,000.00 $ 199,999.00 $ 167.00 $ 24.00 $ 25.00
$ 200,000.00 $ 249,999.00 $ 192.00 $ 28.00 $ 32.00
$ 250,000.00 $ 299,999.00 $ 224.00 $ 38.00 $ 41.00
$ 300,000.00 $ 349,999.00 $ 239.00 $ 42.00 $ 48.00
$ 350,000.00 $ 399,999.00 $ 256.00 $ 47.00 $ 56.00
$ 400,000.00 $ 449,999.00 $ 271.00 $ 50.00 $ 65.00
$ 450,000.00 $ 499,999.00 $ 286.00 $ 56.00 $ 72.00
$ 500,000.00 $ 549,999.00 $ 305.00 $ 62.00 $ 80.00
$ 550,000.00 $ 599,999.00 $ 319.00 $ 69.00 $ 88.00
$ 600,000.00 $ 649,999.00 $ 336.00 $ 74.00 $ 96.00
$ 650,000.00 $ 699,999.00 $ 352.00 $ 79.00 $ 100.00
$ 700,000.00 $ 749,999.00 $ 368.00 $ 83.00 $ 112.00
$ 750,000.00 $ 799,999.00 $ 383.00 $ 87.00 $ 120.00
$ 800,000.00 $ 849,999.00 $ 399.00 $ 92.00 $ 128.00
$ 850,000.00 $ 899,999.00 $ 415.00 $ 101.00 $ 137.00
$ 900,000.00 $ 949,999.00 $ 433.00 $ 105.00 $ 144.00
$ 950,000.00 $ 999,999.00 $ 447.00 $ 111.00 $ 151.00
$ 1,000,000.00 $ 1,249,999.00 $ 463.00 $ 117.00 $ 159.00 $ 1,250,000.00 $ 1,499,999.00 $ 480.00 $ 120.00 $ 176.00 $ 1,500,000.00 $ 1,749,999.00 $ 494.00 $ 125.00 $ 192.00 $ 1,750,000.00 $ 1,999,999.00 $ 510.00 $ 133.00 $ 208.00 $ 2,000,000.00 $ 2,249,999.00 $ 527.00 $ 138.00 $ 224.00 $ 2,250,000.00 $ 2,499,999.00 $ 542.00 $ 142.00 $ 239.00 $ 2,500,000.00 $ 2,749,999.00 $ 559.00 $ 147.00 $ 256.00 $ 2,750,000.00 $ 2,999,999.00 $ 575.00 $ 151.00 $ 271.00 $ 3,000,000.00 $ 3,499,999.00 $ 591.00 $ 159.00 $ 287.00 $ 3,500,000.00 $ 3,999,999.00 $ 607.00 $ 176.00 $ 305.00 $ 4,000,000.00 $ 4,499,999.00 $ 623.00 $ 192.00 $ 319.00 $ 4,500,000.00 $ 4,999,999.00 $ 638.00 $ 208.00 $ 336.00 $ 5,000,000.00 $ 5,499,999.00 $ 654.00 $ 224.00 $ 352.00 $ 5,500,000.00 $ 5,999,999.00 $ 670.00 $ 239.00 $ 359.00 $ 6,000,000.00 $ 6,499,999.00 $ 687.00 $ 256.00 $ 383.00 $ 6,500,000.00 $ 6,999,999.00 $ 704.00 $ 271.00 $ 402.00 $ 7,000,000.00 $ 7,499,999.00 $ 719.00 $ 287.00 $ 415.00 $ 7,500,000.00 $ 7,999,999.00 $ 734.00 $ 305.00 $ 436.00 $ 8,000,000.00 $ 8,499,999.00 $ 749.00 $ 319.00 $ 447.00 $ 8,500,000.00 $ 8,999,999.00 $ 767.00 $ 336.00 $ 463.00 $ 9,000,000.00 $ 9,499,999.00 $ 781.00 $ 352.00 $ 480.00 $ 9,500,000.00 $ 9,999,999.00 $ 797.00 $ 359.00 $ 480.00 $ 10,000,000.00 Above $ 797.00 $ 383.00 $ 480.00
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Resolution No. 2023-__ Page 1 of 1 March 8, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING CITY FEES AND CHARGES EFFECTIVE APRIL 1, 2023.

WHEREAS, notice of the time and place of this meeting to consider the adoption of this resolution to increase City fees was given as required by Government Code Section 6062(a); and WHEREAS, this Public Hearing is being held to meet the public hearing requirements of Government Code Section 66018(a); and
WHEREAS, the amount of the fee and service charges set forth in the attached Exhibit A do not exceed the estimated amount required to provide the service for which the fee or service charge is being levied; and
WHEREAS, unless the recommended increased fee or service charge is approved, the City will not have sufficient funds to provide the service for which the fee or service charge is being levied.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits that based upon the information provided to the City Council at the public hearing held on the adoption of this Resolution and upon the above findings of fact, the City Council hereby approves and adopts the attached Fee Schedule, a copy of which is hereby incorporated by reference and attached hereto as Exhibit “A” to be effective April 1, 2023. .

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 8th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
____________________________
__________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 4a
Meeting Date: March 8, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: DISCUSSION AND POSSIBLE ACTION TO ADOPT AN ORDINANCE AND WAIVE THE SECOND READING TO AMEND TITLE 12 OF THE WILLITS MUNICIPAL CODE, ADDING CHAPTER 12.10, ENTITLED TO APPROVE OR DENY ABANDONMENTS OF CITY RIGHT-OF-WAY.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: The City has received periodic inquiries from the public about the potential to abandon various right-of-way in the City. These inquiries often occur when there is a right-of-way, such as an alley, that appears to no longer be serving a public purpose. Property owners adjacent to the right-of-way may be interested in the abandonment of the public property, and a transfer of the former right-of-way to the private adjacent properties.

California’s Streets and Highways Code (Division 9, Part 3, Sections 8320 through 8325, inclusive) define the various right-of-way and public service easements that are within a jurisdiction’s power to vacate. However, there has been no established procedure for citizens to request the abandonment of a right-of-way within the City of Willits.

This proposed municipal code amendment would add Chapter 12.10—Right-of-way Abandonment to Title 12 – Streets, Sidewalks, and Public Places of the City’s municipal code. Chapter 12.10 establishes the authority of Council to act on an abandonment request, prescribes the application process, and provides the findings Council must make to approve an abandonment request.

The City has also created the appropriate application materials for prospective abandonments, including application forms and instructions, template utility company letters, and template notification letters. The City will require payment of a deposit by applicants to initiate abandonments. At the conclusion of the application request, staff will bill all processing costs against the deposits.

Recommended Action: Waive the second reading and adopt Ordinance 2023-01 amending Title 12 of the Willits Municipal Code, adding Chapter 12.10 to provide for a process to review and approve or deny abandonments of City right-of-way.

Alternative(s): Do not approve adoption of the ordinance and direct staff on next steps.

Fiscal Impact: The City will recuperate costs associated with processing abandonment requests through applicant deposits.

Personnel Impact: Abandonment requests will likely be infrequent, but staff time reviewing requests will be required.

SUMMARY OF PROPOSED ORDINANCE

A PROPOSED ORDINANCE AMENDING WILLITS MUNICIPAL CODE, ADDING SECTION

12.10, TO PROVIDE FOR A PROCESS TO REVIEW AND APPROVE OR DENY

ABANDONMENTS OF CITY RIGHT-OF-WAY
The City has received periodic inquiries from the public about the potential to abandon various rights-of-way in the City. These inquiries often occur when there is a right-of-way, such as an alley, that appears to no longer be serving a public purpose. Property owners adjacent to the right-of-way may be interested in the abandonment of the public property, and a transfer of the former right-of-way to the private adjacent properties.

This proposed municipal code amendment would add Chapter 12.10—Right-of-way Abandonment to Title 12 – Streets, Sidewalks, and Public Places of the City’s municipal code.

Chapter 12.10 establishes the authority of Council to act on an abandonment request, prescribes the application process, and provides the findings Council must make to approve an abandonment request.

The City has also created the appropriate application materials for prospective abandonments, including application forms and instructions, template utility company letters, and template notification letters. The City will require payment of a deposit by applicants to initiate abandonments, and staff’s costs processing the applications will be billed against the deposits.

The Willits City Council shall convene at a duly noticed council meeting on March 8, 2023, at 6:30 p.m., in Council Chambers at Willits City Hall, 111 E. Commercial St., Willits, California, to consider, among other things, adoption of the aforementioned proposed ordinance.

This summary of the proposed ordinance is published pursuant to California Government Code, Section 36933. The full text of the proposed ordinance shall be posted in the office of the Willits City Clerk for at least five (5) days prior to the City Council meeting of March 8, 2023. /s/ Delores Pedersen, City Clerk
Publication Date: March 2, 2023
1 ORDINANCE NO. 2023-__
AN ORDINANCE ADDING CHAPTER 12.10 (RIGHT-OF-WAY ABANDONMENT) TO TITLE 12 (STREETS, SIDEWALKS, AND PUBLIC PLACES) OF THE WILLITS MUNICIPAL CODE.

WHEREAS, Title 12 of the Willits Municipal Code details the City’s policies as they relate to streets, sidewalks, and public places, including the establishment of public rights-of-way and the public’s use thereof; and
WHEREAS, the City Council finds that an amendment to Title 12 of the Willits Municipal Code is necessary and appropriate to ensure that the City provides a standard process for the abandonment of right-of-way, consistent with the authority provided by California Streets and Highway Code, Division 9, Part 3, Sections 8320 through 8325 inclusive.

NOW, THEREFORE, the City Council ordains as follows:

Section 1. Legislative Findings. The City Council hereby finds as follows:

1. The foregoing recitals are true and correct and are made a part of this Ordinance.

2. Amending Title 12 of the Willits Municipal Code is necessary to ensure that the City provides procedures to effectively review proposed right-of-way abandonments.

3. There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

Section 2. Chapter 12.10 of the Willits Municipal Code is hereby added to read as follows:

Title 12 – STREETS, SIDEWALKS, AND PUBLIC PLACES
Chapter 12.10 – Right-of-way Abandonment

12.10.010 - Granting—Conditions—Authority.

A request for the abandonment of a public right-of-way may be granted subject to conditions, or denied by the City Council, pursuant to Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code, Section 8300, et seq).

12.10.020 - Application—Filing—Fee.

Application for the abandonment of a public right-of-way shall be filed at the office of the City Clerk upon a form provided and shall be accompanied by such information as may be required to describe fully and support the area proposed for abandonment.

12.10.030 - Hearing—Notice.

A. Upon receipt of such application, the City Clerk shall set the matter for public hearing as directed by the Council. Notice of the time and place of the hearing shall be given at least ten calendar-days before the hearing, by prepaid U.S. mail notices to owners of property within 500 feet of the right-of-way to be abandoned, using addresses from the last assessment roll, by publication once in a newspaper of general circulation in the City, and by posting such notice in 4a
2 12.10.040 - Application—City Council action.

Within thirty days of the conclusion of the hearing, the City Council shall act on the matter. The City Council, before granting the abandonment of a right-of-way, shall make all of the following findings:

A. The abandonment is within the City’s jurisdiction and is determined to be unnecessary for present or prospective public use;
B. The abandonment is in conformity with and does not adversely affect the General Plan and any adopted special or area plan applicable to the project location; C. The abandonment is in the public interest through the improved utilization of land; and D. The public interest for which the public right-of-way was originally acquired will not be detrimentally affected by the abandonment.

E. The conditions established by the Council for the abandonment are deemed necessary to protect the public health, safety and general welfare.

12.10.050 - Expiration.

Any abandonment of a public right-of-way granted under this chapter shall become null and void if not exercised within the time specified in such approval, if no date is specified, within two years from date of approval.

12.10.070 - Renewals.

An application for renewal shall be filed prior to the expiration date of an approval. Said application shall be filed in accordance with those provisions as established in this chapter. The fee for such request shall be that as established by resolution of the City Council.

12.10.080 - Revocation.

In any case where the terms and conditions to the granting of an abandonment are not complied with, the City Council shall give notice to the holder of such approval of its intention to revoke the same. Proceedings for the revocation of an approved abandonment shall be conducted in the same manner as proceedings for action on the application therefor.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Willits hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage.

Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Willits, along with the names of the City Council voting for and against its passage.

The above and foregoing Ordinance was introduced by Councilmember _________ seconded by conspicuous places on or close to the property affected.

B. The notice shall include a general explanation of the matter to be considered and a general description of the area affected.
3 AYES:

NOES:

ABSENT:

GRETA KANNE, Mayor
City Council of the City of Willits
ATTEST:

DELORES PEDERSEN
City Clerk
PUBLISH: January 12, 2023, and March 2, 2023 (by summary).

EFFECTIVE DATE: ________, 2023.

Councilmember___________, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 8th day of February, 2023 by the following vote:
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, FEBRUARY 22, 2023
Mayor Kanne called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

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

Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Manuel Orozco, Finance Director; Scott Herman, Public Works Director; Karen Stevenson, Human Resources Analysist; Dusty Duley, Community Development Director, Leiloni Shine, Contract Planner; Andrea Trincado, Project Manager; Fabian Lizarraga, Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
None presented.

3. Public Matters
a. Little Lake Fire District Department Update.

Little Lake Fire District Chief Carter was unable to attend, the Department Report is available in the agenda packet.
b. Proclamation – Women’s History Month.

Mayor Kanne read the Proclamation Recognizing March as Women’s History Month.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
i. February 8, 2023.

Public Comment: None presented.

Moved by Stranske/Seconded by Strong and carried (4/0 with Rodriguez absent) to approve Consent Calendar item(s) (a).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Building Department Summary Report January 2023

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
Willits City Council Minutes of February 22, 2023 Page 2 of 6 a. Adopt a Resolution Approving an Agreement with Mike Smith for a Ground Lease Agreement at Ells Field/Willits Municipal Airport.

Presenting Staff Member – Brian Bender, City Manager
Public Comment: Mike Smith expressed his thanks to the City Council for the approval of the Ground Lease Agreement.

Moved by Gonzalez/Seconded by Stranske and carried (4/0 with Rodriguez absent) to adopt Resolution No. 2023-08 approving a Ground Lease Agreement with Mike Smith at Willits Municipal Airport-Ells Field.
b. Adopt a Resolution to Implement an Athletic Field Use Policy.

Presenting staff member: Brian Bender, City Manager
Public Comment: Ian Fitzpatrick, Administrative Director/Coach of Mendocino County Soccer Academy and Andrew Hosford, President of Willits Redwood Little League, spoke in support of a Field Use Policy but would like to be part of the conversation and provide input.

By direction of the City Council, it was decided that a meeting would be scheduled, and the different organizations would be invited, to get clarification on what expectations are for the coming season.

No Action taken.
c. Informational update on the community’s unhoused.

City Manager Bender reported that he has reached out to the County and the other City Managers of Mendocino County regarding what programs and resources are available to the homeless community. Any program or initiative the City would like to take on, would be new to the City and we would have to rely on the County for their staffing, resources, and program support, which are mostly based in Ukiah. The first approach for the city would be to facilitate a discussion with the stake holders of the different organizations in the community that are interested in helping with this issue.

Finance Director Orozco added that the County receives financial resources from the state for homeless programs.

Public Comment: Jane McCabe and Richard Winkle spoke in support of some type of basic services for the homeless.
d. Verbal Reports
• The Federal Emergency Management Agency (FEMA) is using the Community Center as a Disaster Resource Center (DRC). Any Mendocino County resident that experienced damage from the storms can come to the DRC and apply for help.

FEMA will be at the Community Center until March 5th.
• Reported on the County Tax Sharing agreement that the four municipalities (Willits, Ukiah, Fort Bragg, and Point Arena) have with the County of Mendocino. • City Manager Bender Attended the Cal League City Manager Conference and reports that there is not enough representation of the city managers in the northern California sector.

Willits City Council Minutes of February 22, 2023 Page 3 of 6 Public Comment: None presented.

9. Department Recommendations (Action Items)
a. Adopt a Resolution to Approve the Agreement with Springbrook Software to Acquire their Springbrook System to Support the City’s Information Management Needs in Finance, Human Resources and Utility Billing.

Presenting Staff Member: Manuel Orozco, Finance Director.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Strong and carried (4/0 with Rodriguez absent) to adopt Resolution No. 2023-09 approving the agreement with Springbrook Software to acquire their Springbrook System to support the City’s Information Management needs in Finance, Human Resources and Utility Billing.
b. Adopt a Resolution to Approve the Mid-Year Budget Adjustment for the Fiscal Year 2022-23 as Provided in Exhibits A and B.

Presenting Staff Member: Manuel Orozco, Finance Director.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Strong and carried (4/0 with Rodriguez absent) to adopt Resolution No. 2023-10 authorizing and approving the Director of Finance to Adjust the Appropriations for Fiscal Year 2022-23 within Various Accounts as Incorporated in Exhibits A and B.
c. Adopt a Resolution Awarding a Contract to BAS Roofing, Inc., for the Replacement of the Roof at City Hall and the Art Center, for a Total not to Exceed Amount of $109,550 and Authorize the City Manager to Execute Contract Documents and Change Orders up to 15-Percent of the Total Amount of Construction.

Presenting Staff Member: Andrea Trincado.

Public Comment: None presented.

Moved by Strong/Seconded by Stranske and carried (4/3 with Rodriguez absent) to adopt Resolution (No. 2023-11) of the City Council of the City of Willits Awarding a Contract to BAS Roofing, Inc. for Roof Replacements at City Hall and the Art Center for a total not to exceed amount of $109,550 and authorize the City Manager to Execute Contract Documents and Change Orders up to 15-Percent of the Total Cumulative Amount of Construction
This Item was moved and presented earlier in the meeting after Public Matters. d. Informational Discussion on General Plan Amendment No. Gpa-22-01, Zoning Amendment No. Zc-22-01, and Boundary Line Adjustment No. Bla-22-04.

Presenting Staff Member: Dusty Duley, Community Development Director and Leiloni Shine, Contract Planner.
 Dusty Duley, Community Development Director gave a brief description of the project, history of the property and provided an additional General Plan Map Amendment of the project.
 Leiloni Shine, Contract Planner presented a PowerPoint Presentation of the project.

Willits City Council Minutes of February 22, 2023 Page 4 of 6 D. Sanders, Vice President of Schmidbauer Lumber Mills, shared some background of the company. Kevin Doble from SHN spoke on behalf of Schmidbauer Lumber Mills and provided an additional map titled State Responsibility Area Fire Hazard Severity Zones.

Public Comment: Several members of the public and business owners spoke in favor of the project.

Councilmembers Stranske, Gonzalez and Mayor Kanne all expressed concern of water availability and infrastructure to support fire suppression requirements.

No Action Taken

10. Department Monthly Reports
a. Airport
 The fourth bullet point on Monthly Achievements and Activities should be: Graded the Parking lot with holes filled, replaced parking blocks, and hung a new Flag that is now illuminated by a fixed solar light.
b. Community Development Department
 Community Development Director Duley added that there will be a joint Willits Rail Trail and Great Redwood Trail in-person community workshop open house held on March 23, 2023, in the Community Center starting at 6:00 pm.  Recognized that working with Caltrans to establish some Downtown Willits guidance signs is more important than ever, they had a meeting with Caltrans and received some commitments through them to start the process of getting updated estimates on the costs of the signage as well as an update on when Caltrans crew could install the signage.
 The City was awarded $371,856 from the Permanent Local Housing Allocation Grant to supporting the Housing rehab program.
 Councilmember Strong asked if the focus for next month of the Vacant Building Registration Program was on schedule? Community Development Director Duley responded that it is and that the department has actually completed some additional inspections of vacant buildings since this months report was completed, not everyone is responding to the notices that are being sent out, and those that have responded are not complete in their response. What is left to do is to further remind those that received letters of the importance of participating in the program.  Councilmember Strong asked if the Electric Vehicle (EV) Charging station report would be brought to council next month? Mr. Duley stated that the City Planner, Taylor Perry, is working on an informational report to share with the council. c. Engineering
 Project Manager Trincado added that she is working with consultants to develop projects for the coming year.
d. Finance
 Finance Director Orozco reported that the current focus is to complete audits, have been running into issues with the 690 funds (payroll liability account) and bank reconciliation. Significant progress has been made on the payroll issues. e. Police Department
 Police Chief Lizarraga reported that one of the two recruits that was at the Police Academy voluntarily withdrew. The Recruit Training Officer at the Academy has referred an unsponsored recruit to us, and this recruit will be coming to meeting with Chief Lizarraga on February 23rd.

Willits City Council Minutes of February 22, 2023 Page 5 of 6  Former Sergeant Raymond Brady will be coming back to the Willits Police as a Reserve Officer.
f. Public Works
 Mayor Kanne asked if Public Works has considered the installation of dog waste stations on some of the more frequented blocks of Main Street, the Willits Dog Park Group has funds they would be willing to put into the effort. The location needing the waste station would span from North Valley Bank to Commercial Street on both sides of the street, as well as sections of Commercial Street. g. Utilities
 Public Works Director Herman reported that Drew Gillespey passed the Grade III water treatment exam and Chris Viall passed the Grade II water distribution exam and the Grade III water treatment exam.
 The water flushing update: East Hill through Haehl Creek Subdivision is complete, the plan is to now complete Baechtel Road, Shell Lane and Harrah’s Manor after this week and then move on to the Main Street portion.
 Mayor Kanne asked Public Works Director Herman why there was an increase of truck fill station sales in January? Mr. Herman responded that it was due to the dust control of the demolition of the old hospital.

No action taken.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Economic Development & Financing Corporation (EDFC) will be meeting next week.

Vice Mayor Gonzalez  The Redwood Chapter of League of California Cities is meeting is on March 24th.

Mayor Kane
 Attended the Mayors meeting to appoint Jim Koogle as the alternate for Sonoma Clean Power.
 Mayor Kanne corrected her statement of the last meeting of Supervisor Gjerde being the Chair for Mendocino Council of Governments (MCOG) which was incorrect.

Supervisor Haschak is the Vice Chair.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Councilmember Strong reported that the Building Community Initiative will have a gathering on March 19th at 4:00 pm at the Willits Senior Center. There will be focus groups on housing, health, local food, and agriculture, supporting the business community and youth/senior support services.

13. Closed Session Notice
None presented.

14. Adjournment
Mayor Kanne declared the meeting adjourned at 9:09 p.m.

Willits City Council Minutes of February 22, 2023 Page 6 of 6 _____________________________
Greta Kanne, Mayor
City Council for the City of Willits
ATTEST:
__________________________
Delores Pedersen
City Clerk
BL# Business Name Name Address Date Issued Type of Bussiness 7153 Ukiah Custom Cabinets Jim Mulheren PO Box 2830 2/15/2023 contractor 7154 ENJ Remodeling and repair Robert Ford 24801 Clover Cir 2/15/2023 contractor 7155 Ceder Wood Ceder Lowham 25595 Poppy Dr 2/22/2023 Online Sales 7156 Hinds Brothers Company Inc Scott Hinds 15679 Norton Rd Healdsburg, CA 2/24/2023 Contractor
New Business License - February 2023
6a
Item No. 8a
Meeting Date: March 8, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION OPPOSING INITIATIVE 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT.

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

Summary of Request: The League of California Cities, seeks support from its members to oppose the Taxpayer Protection and Government Accountability Act. The Initiative would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

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

As proposed, the measure would impact the City’s to sustain operations and deliver core services.

The proposed constitutional initiative is sponsored by the California Business Roundtable.

Major Provisions consist of the following:

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

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

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

Recommended Action: Staff recommends the City Council adopt the accompanying Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

Alternative(s): Instruct staff to obtain a different sanction from the League of California Cities.

Fiscal Impact: The adoption of the accompanying Resolution will not have an impact on the City’s fiscal resources.

Personnel Impact: Minimal.

Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.

Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.

State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution. 8a
2 Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.

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

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes.  A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023
8a
– 2 – rev January 14, 2023
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 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

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

Citizen Initiative Special Taxes in 2022.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

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

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

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

Business Roundtable Board
Aera Energy
Albertsons
Altria (tobacco)
Anthem Blue Cross
Automobile Club of Southern California
Bittle Enterprises (Enterprise
Rent-a-car)
Blackstone
Caruso Management (Rick Caruso)
Chevron
C.J. Segerstrom & Sons
Dart Container
DLA Piper (Law Firm)
Douglas Emmett
Eli Lilly & Company
Exxon
Farmers Group (Insurance)
Fivepoint (Developer)
Global Medical Response Solution
Grimmway Farms
Irvine Company
KB Homes
Kilroy Realty
LevatoLaw
Majestic Realty
Marathon Petroleum Corp.

McKinsey & Company
National CORE
PepsiCo
PhRMA
Sempra
State Farm
Sutter Health
Union Pacific Railroad
United Airlines
UPS
Valero
Western National Group
Wells Fargo
Wellpoint (insurance)
Western National Group
8a
Resolution No. 2023-__ Page 1 of 1 March 8, 2023
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS OPPOSING INITIATIVE 21- 0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT.

WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits opposes Initiative 21-0042A1;
BE IT FURTHER RESOLVED, that the City Council of the City of Willits will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

The City Council directs the City Manager to email a copy of this adopted Resolution to the League of California Cities at [email protected].

AYES:

NOES:

ABSENT:

ATTEST:
____________________________
__________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
8a
Item No. 8b
Meeting Date: March 8, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: DISCUSSION AND POSSIBLE APPROVAL OF A REORGANIZATION OF PUBLIC WORKS/ENGINEERING INTO THE SERVICES & FACILITIES DEPARTMENT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 min.

Summary of Request: The City Manager requests the City Council to consider and approve the reorganization of Public Works/Engineering. The reorganization is a comprehensive, strategically focused approach towards introducing a reliable management structure to critical City units. The reorganization will aid the City’s ability to achieve priorities, encourage staff development and deliver services to our citizens.

The reorganization responds to the City’s Work Plan (based upon the Council’s Adopted Goals) requirement of creating a realistic staffing plan. The included chart illustrates the reorganization.

The reorganization starts with renaming the separate units of Public Works and Engineering with one title of Services & Facilities. As the renaming implies, it formally merges two units that historically appeared to work in unison but in truth had a strong degree of autonomy especially when related to staff accountability.

The merge increases functionality by affording the Director (Department Head) a well-defined, hierarchical structure to oversee staff and manage projects.

The revised description for the Director (included) is composed to attract a greater range of professionals from various disciplines including Civil Engineering, Public Administration, Facilities Administration and Community Development. Individuals from these different disciplines will contribute additional insight and expertise to manage a Department with overlapping commitments.

The proposed Services & Facilities Department would consist of three Divisions: (1) Utilities; (2) Parks/Facilities; and (3) Streets. As their names imply, each Division is responsible for distinct tasks and accordingly, will be better positioned to respond to the unique needs of these tasks. Specifically, the reorganization will see a division fully dedicated to parks/facilities that unfortunately has experienced a lack of attention and resources over the years. Each of these Divisions will have a Superintendent with the responsibility to administer their activities. In turn, these Superintendents will report to the Director. The reorganization will see the reintroduction of the Utilities Superintendent position and the creation of Superintendents for Park/Facilities, and Streets.

The other significant change from the existing staffing model is the conversion of the Project Manager position to a CIP Administrator. The CIP Administrator will absorb a portion of the Project Manager assignments, but the focus of this position is to maintain the CIP and program projects under the guidance of the Director. At this time, the description for the CIP Administrator is not finalized.

Recommended Action: Approve the accompanying Resolution to authorize the City Manager to reorganize the existing Public Works/Engineering Departments into the Services & Facilities Department.

Alternative(s): Instruct the City Manager to prepare a different reorganization plan incorporating received comments.

Fiscal Impact: As shown on the included exhibits prepared by the Finance Director, the reorganization has the potential to save $143,979 based on the existing compensation schedule and staffing plan.

However, these projected savings may not be achieved immediately until the hired Director has the opportunity to review the best method to employ the engineering consultants and confers with the contractual City Engineer.

Personnel Impact: The reorganization will be upsetting in the short-term. Long-tenured staff may resist the changes as they are familiar with current organizational structure and grown accustomed to the existing staffing plan. However, it is time for a change as the status quo is unsustainable and this reorganization enables the City to achieve adopted goals and meet the expectations of the community.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Current Setup of Public Works PW Director
$ 170,863.94
Total Cos Admin Asst
$ 91,632.95
Utilities Parks & Facilities Streets
Vacant During Budget 147,911.30 $ $ 135,425.53 O'Shea, Kenan No Position Budgeted Chief WW PO Chief WTR PO Maint Wkr II Foreman
Curtis, Daniel 127,137.85 $ $ 123,366.40 $ 87,370.34 Swinney, Nigel 118,888.22 $ Bowlds, Darin WW OP III WTR OP III Maint Wkr II
Fritz, Perry (Bud) 113,229.30 $ $ 99,094.28 Vigil, Justin Maint Wkr I 92,325.70 $ Framke, Brian $ 72,933.00 Lavine, Frank
WW OP III WTR OP III Proj Mgr II
Caldwell, Nicole 113,229.30 $ $ 93,804.45 Unangst, Corey Maint Wkr I 137,271.00 $ Ronco, Jeremy $ 66,133.24 Vacant During Budget
WW OP III WTR OP II Proj Mgr II
Vacant During Budget 99,094.28 $ $ 104,709.11 Tarver, Clarence $ 154,383.24 Trincado, Andrea WW OP II WTR OP II Engineer
Vacant During Budget 85,686.24 $ $ 85,686.24 Vacant During Budget $ 133,695.14 Vacant During Budget WW OP I WTR OP Train Eng Tech
Zynda, William 99,634.30 $ $ 75,750.00 Vacant During Budget $ 99,921.53 Vacant During Budget $ 2,729,176.90
Services & Facilities Department
[proposed | 01.13.23]
Services & Facilities
Utilities
Superintendent
Parks/Facilitates Streets
Director
Superintendent Superintendent
(1 FTE)
CIP
Administrator
(1 FTE)
(1 FTE) (1 FTE) (1 FTE)
Contracts /
Administrative
Assistant
(1 FTE)
Chief Plant Operator
Sean Payne
(1.00 FTE)
Clarence Tarver
Jusn Vigil
VACANT
Chief Water
Plant Operator
(1 FTE)
Water
Water
Operator II
(2 FTE)
(2 FTE)
Chief Wastewater
Plant Operator
(1 FTE)
Operator in
Training
(1 FTE)
Wastewater
Operator III
(3 FTE)
Wastewater
Operator I
(2 FTE)
Water Operator III
Forman
Maintenance
Maintenance
Maintenance
Worker II
Worker /
Worker I
Water Operator II
(1 FTE)
(4 FTE)
(1 FTE)
(2 FTE)
111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
City of Willits
Analysis of Public Works Reorganization
Organizational Change Assumptions
1 Operating Costs will not change
2 Reorganization with Facilities Services Director
3 Breakout with 3 Subset Superintendents
A Utilities Superintendent
B Parks and Facilities SuperintendentC Streets Superintendent 4 CIP Administrator Added in Administration
5 Most Vacant Positions are entered at Step 3
6 All Position Costs are estimated with both Salary and Benefits 7 Engineer and Engineer Technician Moved from Expense as Salary & Wages and assumed savings to be used as Contract Engineer Current Public Works Salary and Benefits Costs: 2,729,176.90 $ Total Estimated costs after Re‐organization: 2,585,197.29 $ Available for Contract Engineer 143,979.61 $
Wednesday, March 8, 2023
Current Setup of Public Works PW Director
$ 170,863.94
Total Cos Admin Asst
$ 91,632.95
Utilities Parks & Facilities Streets
Vacant During Budget 147,911.30 $ $ 135,425.53 O'Shea, Kenan No Position Budgeted Chief WW PO Chief WTR PO Maint Wkr II Foreman
Curtis, Daniel 127,137.85 $ $ 123,366.40 $ 87,370.34 Swinney, Nigel 118,888.22 $ Bowlds, Darin WW OP III WTR OP III Maint Wkr II
Fritz, Perry (Bud) 113,229.30 $ $ 99,094.28 Vigil, Justin Maint Wkr I 92,325.70 $ Framke, Brian $ 72,933.00 Lavine, Frank
WW OP III WTR OP III Proj Mgr II
Caldwell, Nicole 113,229.30 $ $ 93,804.45 Unangst, Corey Maint Wkr I 137,271.00 $ Ronco, Jeremy $ 66,133.24 Vacant During Budget
WW OP III WTR OP II Proj Mgr II
Vacant During Budget 99,094.28 $ $ 104,709.11 Tarver, Clarence $ 154,383.24 Trincado, Andrea WW OP II WTR OP II Engineer
Vacant During Budget 85,686.24 $ $ 85,686.24 Vacant During Budget $ 133,695.14 Vacant During Budget WW OP I WTR OP Train Eng Tech
Zynda, William 99,634.30 $ $ 75,750.00 Vacant During Budget $ 99,921.53 Vacant During Budget $ 2,729,176.90
Before 2,729,176.90 $
Services & Facilities
Director
After 2,585,197.29 $ $ 162,320.75
$ 143,979.61 Admin Asst
$ 96,214.60
CIP Administrator
$ 131,682.15
Utilities
Superintendent
Parks & Facilities
Superintendent Streets Superintendent
$ 138,138.98 $ 138,138.98 $ 138,138.98
Chief WW PO Chief WTR PO Maint Wkr II Foreman
$ 127,137.85 $ 123,366.40 $ 87,370.34 $ 118,888.22
WW OP III WTR OP III Maint Wkr I Maint Wkr II
$ 113,229.30 $ 99,094.28 $ 72,933.00 $ 148,683.07
WW OP III WTR OP III Maint Wkr I Maint Wkr I
$ 113,229.30 $ 93,804.45 $ 66,133.24 $ 66,133.24

WW OP III WTR OP II
$ 99,094.28 $ 104,709.11
Before 2,729,176.90 $
Services & Facilities
Director
After 2,585,197.29 $ $ 162,320.75
$ 143,979.61 Admin Asst
$ 96,214.60
CIP Administrator
$ 131,682.15
Utilities
Superintendent
Parks & Facilities
Superintendent Streets Superintendent
$ 138,138.98 $ 138,138.98 $ 138,138.98
Chief WW PO Chief WTR PO Maint Wkr II Foreman
$ 127,137.85 $ 123,366.40 $ 87,370.34 $ 118,888.22
WW OP III WTR OP III Maint Wkr I Maint Wkr II
$ 113,229.30 $ 99,094.28 $ 72,933.00 $ 148,683.07
WW OP III WTR OP III Maint Wkr I Maint Wkr I
$ 113,229.30 $ 93,804.45 $ 66,133.24 $ 66,133.24

WW OP III WTR OP II
$ 99,094.28 $ 104,709.11
Rev. 01/25/23

Page 1 of 3 ends

Job Description – Services and Facilities Director
Salary Class & Designation: Management
FLSA Status: Exempt
Employment Status: Classified
Reports to: City Manager
Position Summary: Under general direction of the City Manager, the Services and Facilities Director plans, organizes, directs and reviews the activities of the divisions comprising the Department. These consist of Utilities, Streets and Parks & Facilitates, and have the responsibility of overseeing street and sewer maintenance, wastewater and water treatment, project management, grounds, parks operations, building and vehicle/equipment and maintenance. The Department provides professional and technical staff assistance; manages and administers construction and contracts; coordinates activities with other City Departments, consultants, and outside agencies. The Services and Facilities Director provides highly responsible and complex administrative support to the City Manager; and serves as a member of the City’s Executive Management Team.

Typical Duties and Responsibilities:

Duties may include, but are not limited to, the following:
• Assume full management responsibility for all Services and Facilities Department services and activities including all functions within the water and wastewater utilities, parks & facilitates, and streets divisions; recommend and administer policies and procedures. • Manage the development and implementation of Services and Facilities Department goals, objectives, policies, and priorities for each assigned service area. • Program public infrastructure projects consistent with the Capital Improvement Plan, the Budget and other adopted policies and plans.
• Establish, within City policy, appropriate service and staffing levels; monitor, and evaluate the efficiency and effectiveness of service delivery methods and procedures; and allocate resources accordingly.
• Plan, direct, and coordinate, through subordinate level staff, the Services and Facilities Department’s work plan; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures; and meet with management staff to identify and resolve problems. • Direct and oversee the interpretation, amendment, and enforcement of codes and ordinances. • Assess and monitor workload, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; and direct and implement changes. • Supervises subordinates with respect to performance and behavior to conform with City policies, implement discipline, organize training sessions, completion of performance evaluations, and other personnel related functions. Participates in hiring, promotion and training. • Oversee and participate in the development and administration of the Services and Facilities Department budget; approve the forecast of funds needed for staffing, equipment, materials, and supplies; approve expenditures and implement budgetary adjustments as appropriate and necessary.

Rev. 01/25/23

Page 2 of 3 ends

• Direct the City Engineer and all other consulting professionals retained by the City to scope, program, and implement municipality improvement projects.
• Conduct traffic studies; collect and analyze traffic statistics; develop and implement traffic plans and attends the Traffic Safety Committee and the Transportation Ad Hoc Committees. • Explain, and rationalize Services and Facilities Department programs, policies, and activities; negotiate and resolve sensitive and controversial issues. • Represent the Services and Facilities Department to other City Departments, elected officials, outside agencies, and organizations.
• Provide staff assistance to the City Manager, Assistant City Manager, and City Council; participate on a variety of boards, commissions, and committees; prepare and present staff reports and other necessary correspondence.
• Provide staff support to assigned boards and commissions. • Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of public administration, utilities, facility management, and streets. • Researches and responds to public community questions and answers media inquiries regarding the Services and Facilities Department.
• Perform related duties as assigned.

Desirable Skills, Knowledge, and Abilities:

Knowledge of:
• Operations, and activities of comprehensive Services and Facilities programs, including water and wastewater treatment.
• Principles and practices of civil engineering, municipal budgeting, public facilities management, and community engagement.
• Principles and practices of project management, public infrastructure, and community recreational amenities.
• Management skills to analyze programs, policies, and operational needs. • Principles and practices of program development and administration. • Principles of supervision, training, and performance evaluation. • Pertinent Federal, State, and local laws, codes and regulations.

Ability to:
• Plan, organize, direct, and coordinate the work of assigned staff. • Select, supervise, train, and evaluate staff.
• Delegate authority and responsibility.
• Lead and direct the operations, services, and activities within the Services and Facilities Department. • Review and evaluate plans, specifications, and construction estimates for public works projects. • Identify and respond to community and City Council issues, concerns, and needs. • Develop and administer Departmental goals, objectives, and procedures. • Prepare clear and concise administrative and financial reports.

Rev. 01/25/23

Page 3 of 3 ends

• Prepare and administer large and complex budgets.
• Identify and pursue grant opportunities to fund proposed citywide improvement projects. • Effectively allocate limited resources.
• Analyze problems and identify alternative solutions; project consequences of proposed actions; and implement recommendations in support of goals.
• Research, analyze, and evaluate new service delivery methods and techniques. • Interpret and apply Federal, State, and local policies, laws, and regulations. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.

Material, Equipment and Tools: Computer terminal, keyboard, mouse, SCADA, Windows operating systems, personal computer and programs such as Microsoft Office, FAX, and copier.

Minimum Qualifications:

Education:
• High School graduation. Graduation from a four-year college or university with major coursework in Urban Planning, Public Administration, Civil Engineering, Business Administration, or a closely related field preferred. Candidate may demonstrate relative work experience as equivalent to fouryear degree.

Experience:
• Six years of increasingly responsible experience in municipal government with an emphasis in Public Works, Community Development and Civil Engineering, including four years of supervisory and administrative responsibility.

License Requirement:
• Possession of a valid California Class C Driver License is required at the time of appointment.

Individuals who do not meet this requirement due to physical disability will be reviewed on a case-bycase basis.

Physical Requirements:

Work is performed in a typical office environment. (1) Mobility: frequent use of keyboard; frequent sitting for long period of time; occasional bending or squatting. (2) Lifting: Frequently up to 10 pounds; occasionally up to 25 pounds. (3) Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. (4) Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. (5) Hearing/Talking: frequent hearing and talking, in person and on the phone. (6) Emotional/Psychological: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone. (7) Environmental: frequent exposure to noise.

Resolution No. 2023- Page 1 of 1 March 8, 2023
RESOLUTION NO. 2023-

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

MANAGER TO REORGANIZE PUBLIC WORKS/ENGINEERING INTO THE SERVICES & FACILITIES DEPARTMENT.

WHEREAS, the City of Willits has the responsibility of maintaining public infrastructure, providing water and processing wastewater services, and facilities for an incorporated area comprising of 2.8-square miles; and
WHEREAS, the Department of Public Works/Engineering are the principal units of the City overseeing the maintenance and improvements of these components; and WHEREAS, the City Council adopted Operational Goals on April 28, 2021 forming the basis of a subsequent Work Plan; and
WHEREAS, the Work Plan contains the following entry… Create a realistic staffing plan for the City that will enable the City Council to budget for appropriate current and future staffing to address the City’s / Community’s needs; and
WHEREAS, the City Manager submitted to the City Council a reorganization of Public Works/Engineering merging these units into a newly configured Services & Facilities Department; and
WHEREAS, the Services & Facilities Department is one attempt to satisfy the provision of the Work Plan to restructure critical City units as a means to improve accountability and prepare the organization to meet new challenges.

NOW, THEREFORE BE IT RESOLVED, the Willits City Council does hereby approves the City Manager to implement the reorganization of Public Works/Engineering as the Services & Facilities Department.

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 8th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:
_________________________
GRETA KANNE, Mayor
City Council of the City of Willits
ATTEST:
_________________________

DELORES PEDERSEN
City Clerk
Item No. 9a
Meeting Date: March 8, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Taylor Perry, City Planner
Agenda Title: DISCUSSION AND POSSIBLE ADOPTION OF A RESOULTION APPROVING CONDITIONAL USE PERMIT APPLICATION #U-21-01 FOR AN ACCESSORY CARETAKERS UNIT AT AN EXISTING STORAGE FACILITY LOCATED AT 325 ROBERT DRIVE OWNED BY MR. CURTIS LYON.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 min Summary of Request: To consider a Use Permit (U-21-01) to allow for construction of a 400 sq. ft. single-family residence to serve as an accessory caretaker unit to an existing storage facility at 325 Robert Drive. Two (2) new parking spaces will be designated onsite – one (1) located by the residence adjacent to an existing ADA-accessible parking space, and one (1) located near the ADA-accessible restroom facility approximately 55 feet west of the residence. The prefabricated modular home will be constructed upon an engineered foundation. The caretaker residence will utilize the existing driveway to the storage facilities for access. No other improvements are proposed as part of this project.

The Heavy Industrial (MH) zone requires a conditional use permit for establishing a single-family residence as an accessory use to a primary industrial use. To ensure that establishment of the residence does not present future land use incompatibilities or conflict, staff recommends that the project is subject to specified conditions related to caretaker housing.

The proposed size and location of the residence adheres to all development requirements as presented in the Willits Zoning Code (Chapter 17). Thus, the project as proposed is consistent with the General Plan Designation and zoning restrictions for the property.

Recommended Action: Adopt a resolution approving Conditional Use Permit #U-21-01 subject to the conditions of approval recommended by staff.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: Minimal staff time to process paperwork related building permits and ensure ongoing project compliance with Use Permit conditions and applicable City Code.

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 8, 2023 AGENDA ITEM NO:

TO: Honorable Mayor and Members of the City Council
PREPARED BY: Taylor Perry, City Planner
REQUEST: To consider a Use Permit No. U-21-01 to allow for construction of a 400 sq. ft. single-family residence to serve as an accessory caretaker unit to an existing
storage facility. The prefabricated modular home will be constructed upon an engineered foundation, and two
new parking spaces will be designated.

OWNER: Curtis and Virginia Lyon
APPLICANT: Curtis Lyon
LOCATION: In the City of Willits, positioned southside of Robert Drive, 431 feet west of its intersection with Blosser
Lane, located at 325 Robert Drive; APN 006-200-12.

TOTAL ACREAGE: 3.01 acres
GENERAL PLAN: Industrial-General (M-G)
ZONING: Heavy Industrial (MH)
ENVIRONMENTAL DETERMINATION: Categorically Exempt from CEQA, pursuant to Sections 15303 (Class 3 - New Construction of Small Structures)
and 15311 (Class 11 - Accessory Structures) of the
CEQA Guidelines.

RECOMMENDATIONS: Approve the request.

STAFF REPORT : USE PERMIT #U-21-01
PAGE 2

BACKGROUND
RELATED APPLICATIONS:

BLA 18-03: In September 2019, Curtis Lyon applied for a Boundary Line Adjustment to merge two separate legal parcels (APNs 006-200-07 and 006-200-10) into one 3.01-acre parcel. Staff approved the application, and the new deed and parcel description for APN 006-200-12 were recorded.

PROJECT DESCRIPTION:

The applicant is requesting a Use Permit (U-21-01) to allow for construction of a 400 sq. ft. singlefamily residence to serve as caretaker housing, associative and directly supportive to an existing mini-storage facility. Two (2) new parking spaces will be designated onsite – one (1) located by the residence adjacent to an existing ADA-accessible parking space, and one (1) located near the ADA-accessible restroom facility approximately 55 feet west of the residence. The prefabricated modular home will be constructed upon an engineered foundation. The caretaker residence will utilize the existing driveway to the storage facilities for access. No other improvements are proposed as part of this project.

PROJECT SETTING
SITE CHARACTERISTICS AND SURROUNDING LAND USES:

The project parcel is approximately 3.01 acres and is bordered on the north by Robert Drive in a predominately industrial area of town. The parcel is fully paved and is approximately 39% developed with industrial business operations, storage units, equipment storage, and supportive business offices. A fence line running north to south separates the legal parcel into 2 fully fenced sections each containing their own separate gated access. An equipment rental and automotive facility is located east, and a fence equipment storage facility is located west of the parcel. Across the road due north is a large lot zoned MH, used for locomotive and railway equipment storage.

The southern property boundary abuts a densely wooded 7-acre parcel zoned MH, with a singlefamily residence and access off Cropley Lane. Establishment of the residence likely predates the establishment of the MH zoning designation, as no use permit was found on record for the parcel.

The site is surrounded by the following land uses:

APN GENERAL PLAN ZONING LOT SIZES USES
NORTH 006-200-05 M-G MH 4.2 acres Industrial (Balco Locomotive Works) EAST 006-200-11 M-G MH 1.1 acres Industrial (Willits Rental Center) SOUTH 006-270-22 M-G MH 7.1 acres Residential Single-Family WEST 006-200-08 M-G MH 2.7 acres Industrial (Olenik Fence Co.) SERVICES:

The project parcel is served by the following jurisdictions:

Access: Driveway off Robert Drive
Fire District: Little Lake Fire Protection District
Water: City of Willits
Wastewater: City of Willits
STAFF REPORT : USE PERMIT #U-21-01
PAGE 3

REFERRAL AGENCY COMMENTS
On July 27, 2021, project referrals were sent to the following agencies having jurisdiction over the project:

REFERRAL AGENCIES NOT RETURNED NO COMMENT COMMENT
Building Department X
City Manager X
Fire Department X
Police Department X
Public Works Dept. X
City Water/Sewer X
Engineering Division X

TECHNICAL ADVISORY COMMITTEE COMMENTS
To staff knowledge, the project was put on hold pending additional information from the applicant.

Once the project was resumed, the Technical Advisory Committee (TAC) reviewed the application on February 15, 2022. A Planning Division, Building Division, Engineering Division, and Public Works Department, Police Department, and LLFPD representative were present at the meeting.

No department noted opposition to the project or substantial concerns. The project was put on hold pending a revised site plan, until the said revised site plan was received on February 7, 2023.

The revised site plan was forwarded to department staff for further review. Requirements per the satisfaction of each department are included in the Conditions of Approval.

LEGAL NOTICE REQUIREMENTS
Notice of the public hearing was published in the Willits Weekly newspaper on February 23, 2023, and was mailed to property owners within a three hundred fifty (350) foot radius on February 17th, 2023. No public comments were received in response to the notice.

STAFF ANALYSIS
GENERAL PLAN AND ZONING CONSISTENCY:

The property has a General Plan land-use designation of Industrial-General (M-G) and a zoning designation of Heavy Industrial (MH). According to Section 17.28.010 of the Zoning Code, The heavy industrial (MH) zone is intended to apply to areas devoted to normal operations of industries, subject only to such regulations as are needed to control nuisances and protect surrounding areas.

The application for a use permit is being sought to facilitate construction of a single-family residence to be occupied by an employee assigned to maintain the existing mini-storage facilities.

Though not defined in the Willits Municipal Code, this type of housing is often referred to as caretaker housing, caretaker unit, or caretaker residence. The MH zone requires a conditional use permit for establishing a single-family residence as an accessory use to a primary industrial use. The reason for such codification is to preserve the integrity of the industrial property by STAFF REPORT : USE PERMIT #U-21-01
PAGE 4
controlling competing uses which may occupy valuable industrial land or conflict with adjacent industrial uses. Establishment of the caretaker residence will be associative and directly supportive of the principal industrial operations, and considered in-fill on an otherwise underutilized area of the parcel. The proposed size and location of the residence adheres to all development requirements as presented in the Willits Zoning Code (Chapter 17). Thus, the project as proposed is consistent with the General Plan Designation and zoning restrictions for the property.

LAND USE COMPATIBILITY:

Land uses in the immediate area are predominately industrial and include industrial operations, storage units, equipment storage, and supportive business offices. The nearest off-site residence is approximately 515 feet south of the project site. All abutting parcels are similarly zoned Heavy Industrial (MH).

Construction of the single-family residence is considered in-fill and would not interfere with ongoing industrial operations onsite or conflict with surrounding industrial uses, subject to a number of conditions. To ensure that establishment of a residence does not present future land use incompatibilities or conflict, it is recommended that the project is subject to the following specified conditions related to caretaker housing:
• The caretaker unit must be associative and directly support the nonresidential use of the property and remain occupied by supportive staff (e.g., night watchman, security personnel, janitor, handyman, facility manager, etc.) (Condition #8). • Occupancy of the caretaker unit shall be limited to the caretaker of the associative nonresidential use of the site and his or her household (Condition #9). • The design of the caretaker unit shall be consistent and uniform with the design of the associative use (Condition #10).

POLICE SERVICES:

The City of Willits Police Department (WPD) reviewed the project proposal and noted the possibility of increased service for activities that occur through the night. To address this concern, staff recommends that the applicant install and maintain a security system (Condition #15) that, at a minimum, includes the following:
a) Digital video camera system which records activity of patrons and employees at building entrances and exits as well as in the parking lot. b) Video recordings must be stored and retrievable for a minimum period of seven days from the time of recording.
c) The system must be maintained in working order at all times.

These recommended conditions have been added to help protect the safety of the patrons/public and minimize the calls for WPD services. No additional conditions are proposed.

STAFF REPORT : USE PERMIT #U-21-01
PAGE 5

ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303 (Class 3 - New Construction of Small Structures) and Section 15311 (Class 11 - Accessory Structures) of the CEQA Guidelines. Under the Class 3 exemption, construction of a limited number of new, small structures including residences in urbanized area may be considered exempt from CEQA. Additionally, under the Class 11 exemption, construction of minor structures accessory to existing commercial, industrial, or institutional facilities may be also considered exempt from CEQA. The Project is defined in the Willits Zoning Code (Chapter 17) as an accessory use to a non-residential use to provide support, which is consistent with this exemption.

FINDINGS
ENVIRONMENTAL FINDING: The proposed project is Categorically Exempt from CEQA, pursuant to Section 15303 (Class 3 - New Construction of Small Structures) and Section 15311 (Class 11 - Accessory Structures) of the CEQA Guidelines.

GENERAL PLAN FINDING: The proposed project is consistent with the property General Plan designation of Industrial-General (M-G) and with applicable goals and policies of the General Plan as subject to the Conditions of Approval for this permit.

PROJECT FINDINGS:

A. That the site for the proposed use is adequate in size and shape to accommodate the use of all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood; The proposed caretaker unit is an accessory to the existing mini-storage facilities. The proposed unit’s size, shape, and location would not interfere with the existing and surrounding industrial uses. Finding can be made.

B. That the site for the proposed use relates to street and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; Access to the site is provided from an existing driveway off Robert Drive which solely serve the subject property. The City Public Works Division and City Engineering Division reviewed the project request and are not requiring any changes to the street as a condition of this project. The streets are in adequate condition to support the project. Finding can be made.

C. That the proposed use will have no adverse effect upon adjoining or other properties.

In making this determination, the commission shall consider the proposed locations of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls; and fences; landscaping; outdoor lighting; signs, such other characteristics as will affect surrounding property;
The proposed use will not adversely affect adjoining or nearby properties, provided the applicant adheres to the recommended conditions of approval. Finding can be made.

D. That the proposed use is consistent with the objectives and policies of the general plan;
STAFF REPORT : USE PERMIT #U-21-01
PAGE 6
The project is consistent with the General Plan, provided the applicant adheres to the recommended conditions of approval. Finding can be made.

E. That the conditions established by the commission for the conditional use permit are deemed necessary to protect the public health, safety and general welfare; The proposed structure will require approval of a City of Willits building permit and a California Housing and Community Development (HCD) building permit. Approval of these permits will ensure that the structure and supporting infrastructure will comply with State and local regulations to ensure the highest standards in health, safety, and welfare for the people of the Willits community. Finding can be made.

RECOMMENDED CONDITIONS OF APPROVAL

STANDARD CONDITIONS

1. Unless otherwise indicated herein, the development of the site shall be in substantial conformance with approved site plans on file in the Community Development Department.

2. This Conditional Use Permit will not be effective until ten (10) working days after the date upon which it is granted by the Planning Commission and until the applicant has executed and returned to the Community Development Department an authorized acceptance of the conditions of approval applicable to the permit.

3. This Conditional Use Permit must be used within two (2) years from the date of approval; otherwise, the Conditional Use Permit will expire.

4. The applicant shall obtain all necessary permits and fully comply with all the requirements of the Fire, Health, Water, Sewer, Building and Public Works Departments of the City of Willits, and the California Housing and Community Development Department.

5. The City, its officers, agents, and employees may inspect this property at any time and the applicant agrees not to deny or impede access to the subject property for the City.

6. This permit may be revoked by the City of Willits at any time for violation of any of the terms and conditions of this permit by the owner or applicant.

7. The permit shall have no force or effect unless, and until, accepted and the terms thereof agreed to, in writing, by the applicant.

CARETAKER UNIT CONDITIONS

8. The caretaker unit must be associative and directly support the nonresidential use of the property (e.g., night watchman, security personnel, janitor, handyman, facility manager, etc.).

9. Occupancy of the caretaker unit shall be limited to the caretaker of the associative nonresidential use of the site and their household.

STAFF REPORT : USE PERMIT #U-21-01
PAGE 7

10. The design of the caretaker unit shall be consistent and uniform with the design of the associative industrial use.

11. The size and location of the caretaker unit must adhere to the approved site plan as presented in Use Permit No. U-21-01. Expansion or intensification of the use beyond the approval specified herein would require subsequent review and possible application for a use permit modification. The Community Development Department is authorized to approve alterations to the site plan provided such alterations do not substantially change the intent of the approved use, avoid issues raised at the public meeting, or raise new issues not previously addressed.

AESTHETICS

12. All future external lighting, whether installed for security, safety, or landscape design purposes, shall be shielded, downcast or shall be positioned in a manner which will prevent direct glare onto adjacent parcels or streets.

NOISE

13. The applicant shall implement voluntary noise mitigation measures should verified noise complaints be received by the City of Willits Police Department or the Community Development Department in regard to noises generated by the tenant(s) occupying the caretaker unit.

FIRE PROTECTION

14. The caretaker unit shall meet all pertinent building and fire codes for fire sprinkler systems, adequate water for fire flows, and provisions for fire prevention and suppression to the satisfaction of the governing local or State authority.

POLICE PROTECTION

15. The applicant shall implement video camera equipment which includes, at a minimum:
a) Digital video camera system which records activity of patrons and employees at building entrances and exits as well as in the parking lot. b) Video recordings must be stored and retrievable for a minimum period of seven days from the time of recording.
c) The system must be maintained in working order at all times.

TRANSPORTATION/TRAFFIC

16. Applicant shall install and maintain markings for all parking spaces to the satisfaction of the Community Development Department.

17. Applicant shall provide off-street parking consistent with Chapter 17.52 of the Willits Zoning Code.

STAFF REPORT : USE PERMIT #U-21-01
PAGE 8

RECOMMENDATION FOR PLANNING COMMISSION
Staff recommends that by resolution, the Planning Commission approves the request for Use Permit No. U-21-01 based on the following findings of fact, subject to the recommended conditions of approval.

FIGURES
1) Location Map
2) Aerial Photo
3) Zoning Map
4) Project Site Plan Pt. 1
5) Project Site Plan Pt. 2 Zoomed
6) Applicant Site Plan
7) Legally Noticed Parcels
Prepared by : Taylor Perry, City Planner ; 707-459-7125 ; [email protected] Reviewed by : Dusty Duley, Community Development Director FIGURE 1. LOCATOR MAP

LOCATOR MAP
Project: U-21-01

CURTIS LYON RESIDENCE
Applicant/Owner: Curtis Lyon
Address: 325 Robert Drive
APN: 006-200-12
TCP 2/1/2023
FIGURE 2. AERIAL IMAGERY MAP

AERIAL IMAGERY MAP
Project: U-21-01

CURTIS LYON RESIDENCE
Applicant/Owner: Curtis Lyon
Address: 325 Robert Drive
APN: 006-200-12
TCP 2/1/2023
FIGURE 3. ZONING MAP

ZONING MAP
Project: U-21-01

CURTIS LYON RESIDENCE
Applicant/Owner: Curtis Lyon
Address: 325 Robert Drive
APN: 006-200-12
TCP 2/1/2023
FIGURE 4 . PROJECT SITE PLAN PT. 1
Project:

Owner:

Applicant:

Agent:

Use Permit No. U21-01
Curtis Lyon Caretaker Unit
Curtis and Virginia Lyon
Curtis Lyon
NA

ROBERT DRIVE
ADA
Restrooms
(E) (P)

CARETAKER
UNIT
Property Boundary
Project Site

EXPLANATION OF MAP SYMBOLS
Property Address:

Assessor’s Parcel Number(s):

Property Size:

Zoning Designation:
325 Robert Drive, Willits, CA
006-200-012-000

3.01 acres
Heavy Industrial (ML)
Fencing
ADA Accessible Parking
Ingress / Egress
Last edited: TP 1/6/2023 MAP NOT DRAWN TO SCALE
234 FT
557 FT
183 FT
FIGURE 5. SITE PLAN PT. 2 (ZOOMED)
Project:

Owner:

Applicant:

Agent:

Use Permit No. U21-01
Curtis Lyon Caretaker Unit
Curtis and Virginia Lyon
Curtis Lyon
NA

EXPLANATION OF MAP SYMBOLS
Property Address:

Assessor’s Parcel Number(s):

Property Size:

Zoning Designation:
317 Robert Drive, Willits, CA
006-200-120-000

3.01 acres
Heavy Industrial (ML)
Property Boundary
Project Site
Fencing
ADA Accessible Parking
Last edited: TP 2/9/2023
0 34 68
FEET

PROJECT SPECIFICATIONS
PROJECT DESCRIPTION: Construct new approx. 400 sq. ft. single-family residence.

PROPOSED DEVELOPMENT: (1) Prefabricated Residential Unit : 20’ L x 20’ W (2) New Parking Spaces
SETBACKS: 18 ft from FRONT

STORAGE FACILITY (E)

STORAGE FACILITY (E) PROPOSED

RESIDENCE
400 SF
(20’ x 20’)

SLIDING GATE
25 FEET
18 FEET

INGRESS/EGRESS
FIGURE 6. APPLICANT SITE PLAN
REVISED APPLICANT SITE PLAN 1.23.23

APPLICANT SITE PLAN
Project: U-21-01

CURTIS LYON RESIDENCE
Applicant/Owner: Curtis Lyon
Address: 325 Robert Drive
APN: 006-200-12
TCP 2/1/2023
FIGURE 7. LEGALLY NOTICED PARCELS FOR U-21-01
California Government Code Sections 65905, 65091, and 65092 regulate noticing requirements for public hearings regarding modifications to Conditional Use Permits. Real property owners within 300 feet on the latest assessment role must be notified at least 10 days before the public hearing date. Noticing in the local newspaper must also be published at least 10 days before the hearing date.

Notice of the public hearing was published in the Willits Weekly newspaper on February 23rd, 2023 and was mailed to property owners within the required three hundred fifty (350) foot radius on February 17th, 2023. Ten (10) parcels fell within the noticing sphere; eight letters were sent to property owners' mailing addresses. Notice of the public hearing was posted on the property site on February 24th, 2023.

Figure 1. Aerial Imagery of Sphere of Noticed Parcels
Table 1. List of Mailing Addresses Notified
NO. MAILING ADDRESS MAILING CITY
1 PO BOX 411 WILLITS CA 95490
2 7561 STONEGATE DR CORONA CA 92880
3 461 EAST HILL RD WILLITS CA 95490
4 PO BOX 478 TALMAGE CA 95481
5 220 FRANKLIN AVE WILLITS CA 95490
6 1200 BLOSSER LN WILLITS CA 95490
7 190 SHERWOOD HILLS DR WILLITS CA 95490
8 PO BOX 1536 MEADOW VISTA CA 95722
CONDITIONAL USE PERMIT NO. U-21-01

CURTIS LYON RESIDENCE
MARCH 8, 2023

PRESENTED BY TAYLOR PERRY

CITY PLANNER

CITY OF WILLITS

COMMUNITY DEVELOPMENT DEPARTMENT

VICINITY MAP

ROBERT DRIVE

BLOSSER LANE

ADJACENT ZONING

PROJECT SITE
MH – HEAVY INDUSTRIAL
ML – LIGHT INDUSTRIAL
RE – RESIDENTIAL ESTATES
C1 – COMMUNITY COMMERCIAL
R1 – SINGLE-FAMILY RESIDENCE
R2 – RESIDENTIAL MEDIUM-DENSITY
R3 – MULTIPLE-FAMILY RESIDENCE

PROJECT DESCRIPTION
U-21-01 : Use Permit for Curtis Lyon Residence
Request to allow for construction of a 400 sq. ft. singlefamily residence to serve as caretaker housing, associative and directly supportive to an existing mini-storage facility.

PROJECT DESCRIPTION
The following is a conditional use in the MH zone:

Single-family residence as an accessory to a permitted use. (Use Group 2a)
Willits Zoning Code §17.28.030

PROJECT DESCRIPTION
CARETAKER UNIT means a dwelling used for the
accommodation of a person employed as a caretaker, janitor, manager, watchman, security guard or superintendent by an industrial or commercial use operating on the site.

PROJECT DESCRIPTION
400 sq. ft. BOXABL® Casita modular
stock photos submitted by applicant.

PROJECT DESCRIPTION

LAND USE COMPATIBILITY
• The project site is surrounded by
industrial uses and activities.
• The nearest off-site residence is
approx. 515 FT south of the project
site.

NEAREST

RESIDENCE
BALCO

LOCOMOTIVE
WORKS

WILLITS
RENTAL
CENTER
OLENIK
FENCE CO.
• All abutting parcels are similarly
zoned Heavy Industrial (MH).

LAND USE COMPATIBILITY
• The caretaker unit must be associative and directly support the nonresidential use of the property and remain occupied by supportive staff. (CONDITION #8)
• The design of the caretaker unit shall be consistent and uniform with the design of the associative use.
• Occupancy of the caretaker unit shall be limited to the caretaker of the associative nonresidential use of the site and his or her household. (CONDITION #9)
(CONDITION #10)

FIRE AND POLICE SAFETY
• The caretaker unit shall meet all pertinent building and fire codes for fire sprinkler systems... to the satisfaction of the governing local or State authority.
• The applicant shall implement video camera equipment which includes, at a minimum:
(CONDITION #14)
a) Digital video camera system which records activity of patrons and employees at building entrances and exits as well as in the parking lot. (CONDITION #15)
b) Video recordings must be stored and retrievable for a minimum period of seven days from the time of recording.
c) The system must be maintained in working order at all times.

PUBLIC NOTICING
• Notice of the Public Hearing was sent out February 17th, 2023, by physical mail to all properties within 350 feet.
• Ten (10) parcels fell within the noticing sphere.
• Eight (8) letters were mailed to property owners listed mailing addresses. • No public comments were received.

STAFF RECOMMENDATION
Approve the Request for Use Permit No. U-21-01
based on the findings, subject to the recommended
Conditions of Approval and/or any other Conditions
composed during deliberations.

RESOLUTION NO. 2023- ____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLITS, APPROVING A CONDITIONAL USE PERMIT NO. U-21-01 TO ALLOW

CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE (CARETAKER UNIT) AT 325 ROBERT DRIVE (APN 006-200-12).

WHEREAS, Curtis Lyon has made application to the Willits Planning Commission for a Conditional Use Permit in accordance with the Willits Zoning Ordinance (No. 82-4, and as amended), Chapter 17.74, to construct a single-family residence in a Heavy Industrial (MH) zoning district located at 325 Robert Drive, more specifically described as Assessor Parcel Number 006-200-12, in the City of Willits, County of Mendocino, State of California; and, WHEREAS, the project is Categorically Exempt from CEQA, pursuant to Section 15303 and Section 15311 of the CEQA Guidelines, has been noticed, and made available for agency and public review of the proposed project in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Willits Planning Commission, at its regular meeting held on the 8th of March 2023, carefully reviewed the application materials before them and received public testimony on the matter; and,
WHEREAS, the Willits Planning Commission had an opportunity to review this Resolution and finds that it accurately sets forth the intentions of the Planning Commission regarding the Categorical Exemptions and the Project.

NOW, THEREFORE BE IT RESOLVED, that the Willits Planning Commission makes the following findings:

ENVIRONMENTAL FINDING:

A. The Planning Commission finds that the project is Categorically Exempt from CEQA, pursuant to Section 15303 (Class 3 - New Construction of Small Structures) and Section 15311 (Class 11 - Accessory Structures) of the CEQA Guidelines.

GENERAL PLAN FINDING:

A. The proposed project is consistent with the General Plan designation of Industrial-General (M-G) and with applicable goals and policies of the General Plan subject to the Conditions of Approval found in Exhibit A.

PROJECT FINDINGS:

A. That the site for the proposed use is adequate in size and shape to accommodate the use of all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood; The proposed caretaker unit is accessory to the existing mini-storage facilities. The proposed unit’s size, shape, and location will not interfere with the existing and surrounding industrial uses. Finding can be made.

C. That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the commission shall consider the proposed locations of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls; and fences; landscaping; outdoor lighting; signs, such other characteristics as will affect surrounding property;
The proposed use will not adversely affect adjoining or nearby properties, provided the applicant adheres to the recommended conditions of approval. Finding can be made.

D. That the proposed use is consistent with the objectives and policies of the General Plan; The project is consistent with the objectives and policies of the General Plan, provided the applicant adheres to the recommended conditions of approval. Finding can be made.

E. That the conditions established by the commission for the conditional use permit are deemed necessary to protect the public health, safety and general welfare. . .” The proposed structure will require approval of a City of Willits building permit and a California Housing and Community Development (HCD) building permit. Approval of these permits will ensure that the structure and supporting infrastructure will comply with State and local regulations to ensure the highest standards in health, safety, and welfare for the people of the Willits community. Finding can be made.

AND, BE IT FURTHER RESOLVED that the Willits Planning Commission hereby grants the requested Use Permit No. U-21-01, subject to the Conditions of Approval in Exhibit “A”, attached hereto.

The above and foregoing Resolution was introduced by Councilmember _____________ and seconded by Councilmember _______________ adopted at a regular meeting of the Willits Planning Commission held on the 8th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
________________________________
___________________________________
GRETA KANNE, Mayor
City Council of the City of Willits

DELORES PEDERSEN,
City Clerk

EXHIBIT A

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. U-21-01
March 8, 2023
APPROVED PROJECT DESCRIPTION:

Use Permit to allow for construction of a 400 sq. ft. single-family residence to serve as an accessory caretaker unit to an existing mini-storage facility at 325 Robert Drive; APN 006-200-12. The prefabricated modular home will be constructed upon an engineered foundation, and two new parking spaces will be designated.

CONDITIONS OF APPROVAL

STANDARD CONDITIONS

1. Unless otherwise indicated herein, the development of the site shall be in substantial conformance with approved site plans on file in the Community Development Department.

3. This Conditional Use Permit must be used within two (2) years from the date of approval; otherwise, the Conditional Use Permit will expire.

5. The City, its officers, agents, and employees may inspect this property at any time and the applicant agrees not to deny or impede access to the subject property for the City.

6. This permit may be revoked by the City of Willits at any time for violation of any of the terms and conditions of this permit by the owner or applicant.

7. The permit shall have no force or effect unless, and until, accepted and the terms thereof agreed to, in writing, by the applicant.

CARETAKER UNIT CONDITIONS

8. The caretaker unit must be associated with and directly support the nonresidential use of the property and remain occupied by supportive staff (e.g., night watchman, security personnel, janitor, handyman, facility manager, etc.).

9. Occupancy of the caretaker unit shall be limited to the caretaker of the associated nonresidential use of the site and their household.

10. The design of the caretaker unit shall be consistent and uniform with the design of the associated industrial use.

AESTHETICS

NOISE

FIRE PROTECTION

POLICE PROTECTION

TRANSPORTATION/TRAFFIC

16. Applicant shall install and maintain markings for all parking spaces to the satisfaction of the Community Development Department.

17. Applicant shall provide off-street parking consistent with Chapter 17.52 of the Willits Zoning Code.

Item No. 9b
Meeting Date: March 8, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Karen Stevenson, Human Resources Manager
Agenda Title: APPROVE A NEW DESCRIPTION FOR A SENIOR CITY PLANNER FOR PLACEMENT IN THE COMMUNITY DEVELOPMENT DEPARTMENT, EFFECTIVE MARCH 9, 2023.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 Minutes Summary of Request: To approve the description for a Senior City Planner. This position assists with current and advanced planning activities, development and implementation of grant programs, serves as project manager for complex development applications, and works with business community neighborhood groups, State and local agencies, City Council, and other public/private partnerships to accomplish community development goals.

This position differs from the City Planner position in this position is the subject area expert for long range planning matters, handles the most controversial and technically complex assignments and may serve as project leader on multifaceted programs which requires the exercise of a high degree of independent judgment.

The Salary Class & Designation for a Senior Planner is 80J; Salary Range: $76,525.35 – $93,017.04; FLSA Status: Non-Exempt.

Recommended Action: Adopt a Resolution approving a Senior City Planner job description and corresponding salary range.

Alternative(s): None recommended.

Fiscal Impact: Approximately $17,000
Personnel Impact: Increase staffing level by one.

Page 1 of 4 ends

Job Description – Senior City Planner
Salary Class & Designation: 80J
FLSA Status: Non-Exempt
Employment Status: Classified
Reports to: Community Development Director
Position Summary: Under general supervision of the Community Development Director, this position will perform a variety of complex professional work in the field of current and advanced planning and environmental analysis.

Distinguishing Characteristics: This position differs from the City Planner position in this position is the subject area expert, handles the most controversial and technically complex assignments and may serve as project leader on multifaceted programs which requires the exercise of a high degree of independent judgment.

Typical Duties and Responsibilities:

These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. • Responds to public inquiries received by telephone, email or personal contact in matters pertaining to planning, zoning, and related policies.
• Reviews development proposals and other requests made to the Community Development Department for conformance with appropriate regulations; prepare reports and make recommendations.
• Conducts Initial Studies and prepares basic environmental documents (Exemptions, Negative Declarations, etc.) pursuant to the California Environmental Quality Act (CEQA). • Performs fieldwork and site visits to fully comprehend, analyze, and document development proposals.
• Collect, analyze, compile, and arrange technical, statistical, and related information for planning and zoning research.
• Develop and maintain effective working relationships with the general public, officials and personnel from other agencies.
• Present major planning studies analysis and reports to Council, commissions and committees. • Seeks grant funding opportunities that can supplement agency resources and add capacity; prepares grant applications.
• Develop, implement and monitor grants.
• Understand and relate to others the concepts, aims and principles of land use planning and zoning.
• Prepare clear and concise administrative and technical reports, ordinances, resolutions and plans.
• Provide leadership to team efforts.
• Write, interpret, apply and explain complex rules, laws, regulations and ordinances.

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• Actively participate in the formulation, implementation and updating of both short- and longrange planning documents and modifications to specific plan elements. • Interpret and provide advice concerning the zoning code, subdivision regulations, subsequent revisions and other related development codes.
• Assists with community outreach for special projects and plans including setting up meetings, choosing venues/locations for meetings, advertising meetings, developing interactive meeting exercises, and preparing presentations; applies best practices for civic engagement and citizen participation.
• Speak effectively before large groups.
• Coordinate multifaceted programs as project leader.
• Act as subject matter expert or resource.
• Prepare and write recommendations, staff reports, narrative and graphic reports related to planning strategies which promote economic and community development or efficient land use consistent with community goals and special short-range planning projects. • Serves as liaison between the community and the City Council; attends community meetings as speaker or advisor; provides technical assistance, data, maps, best practices and advice; develops effective working relationships with community leaders; obtains community input and opinions for official City Council decisions; notifies community organizations of City Council initiatives and the status of plans and projects. • Assists in the management of consultant studies; helps oversee the work of consultants; assists with community outreach during the consultant study; presents findings and recommendations at staff meetings, board meetings, and community meetings. • Works with business community neighborhood groups, State and local agencies, elected officials, and other public/private partnerships to accomplish community and economic development goals.
• Manages Community Development Block Grant, HOME, and other grants. Work includes overseeing development of program plans, the implementation, execution, and monitoring of programs, and reporting results to applicable agencies or organizations and the public. • Complete the most controversial and technically complex planning assignments. • Performs other duties as assigned.

Desirable Skills, Knowledge and Abilities:

Knowledge of:
• Principles, methods and procedures of governmental planning and zoning. • Federal, state and local laws, codes and ordinances related to city planning, zoning and environmental analysis.
• Functions of other governmental agencies involved in the planning process. • Modern office practices, procedures, equipment (computers), programs, and techniques. • Long-range and regulatory planning practices.
• Strong problem-solving and negotiation skills.
• City planning problems as they apply to the area of specialty or assignment. • Physical, social, and economic structure of the city. • The techniques and processes of planning research
• Citizen involvement techniques and processes
• Working knowledge of policy formation.
• Research methods and sources of information related to urban growth and development.
• Funding sources, programs and applicable regulations that relate to planning and Created 2/28/23

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development.
• Advanced knowledge of the philosophies, principals, practices & techniques of planning. • Well-developed knowledge of one or more planning disciplines, such as land use planning/zoning, environmental planning, or economic development. • Development elements of master plans, neighborhood plans, and specific plans.

Ability to:
• Engage in critical thinking.
• Establish and maintain cooperative and productive working relationships with the public and staff.
• Articulate planning strategies to a variety of audiences. • Work independently while maintaining a high level of productivity. • Compose planning reports, technical studies, and other planning-related documents with little supervision and editing input from supervisor(s). • Interpret technical and legal documents related to planning. • Operate word processing and graphic computer programs. • Read, interpret, apply, and explain related laws, ordinances, rules, regulations, policies and procedures.
• Research technical topics and prepare detailed, concise written reports. • Deal constructively with conflict and develop effective resolutions. • Attend evening or weekend meetings on occasion.
• Deal professionally and effectively with the public when enforcing zoning, building, and other codes.
• Operate a motor vehicle safely and according to traffic laws and rules. • Perform fieldwork that may be physically demanding.
• Effectively work under pressure.
• Present major planning studies analyses and reports to boards, commissions and committees.
• Capable of managing multiple, high-priority assignments. • Manage projects effectively and meet firm deadlines.
• Exercise creative problem-solving skills to gather relevant information to solve less welldefined planning problems. • Facilitate in-person and virtual public participation activities. • Exercise group facilitation skills for use with community workshops. • Showcase excellent interpersonal skills for facilitating relationships with elected/appointed officials and community leaders.
• Work on several complex planning projects simultaneously and successfully coordinate these activities.
• Understand and manage high-profile, sensitive or controversial political situations. • Exercise sound and independent judgment within general policy guidelines. • Ability to formulate effective plans and programs in assigned fields and ability to interpret planning requirements, objectives, and recommendations to interested groups and the general public.

Minimum Qualifications:
• Bachelor's degree from an accredited four-year college or university in urban or regional planning, or a related field.
• Four years of progressively responsible related experience in city, county, or regional Created 2/28/23

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planning with a concentration in current planning and/or long-range planning. • Must possess and maintain a valid California Class C Driver License and satisfactory driving record. Out of state valid motor vehicle operator's license will be accepted during the application process.

Desirable Experience/Education Special Requirements:
• Experience using GIS software to create reports and maps. • Some private sector experience will be considered a plus. • American Institute of Certified Planners (AICP) certification desired.

Resolution No. 2023-__ Page 1 of 1 March 8, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING A SENIOR CITY PLANNER JOB DESCRIPTION AND CORRESPONDING SALARY RANGE.

WHEREAS, the City Council has adopted a Master Classification and Compensation Schedule; and
WHEREAS, the City Council; desires to update the Master Classification and Compensation Schedule to include the position of Senior City Planner; and WHEREAS, the City Council desires to add job classification and accompanying salary/wage range to meet the needs of the organization.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorizes and approves the reclassification and salary/wage range as set forth on Attachment A, which is attached hereto.

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 8th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk

ECONOMIC REPORT FOR

THE CITY OF WILLITS

ECONOMIC SUMMARY
This report describes the state of the economy within the City of Willits, and it includes residential population, the composition of business activity within the city and will analyze the impact of the cannabis industry within the City of Willits including the past and projected impact in the future.

Residential Population
Current census data for 2023 has the population of Willits at 5,018 with an average household income of $52,148 and a poverty rate of 27.38%. The median age for the population in Willits is 41.7 years, (up from 37.8 years in the 2010 census), with 34.5% holding some type of college degree.1 This proposes a stagnation in the labor force that has been recognized regionally prior to this review of the state of the Willits economy. Generally, market analysis of the economic development of an area tends to focus on change in the primary working age population, (which is ages 25-64) and look for replacement level growth, at minimum. In other words, a rate at which population is growing fast enough to replace retirees and others exiting the labor force. An increase in the average median age shows that we are losing ground in this area.

Occupational employment information is found at the US Census data tables:

Composition of Business Activity
The current composition of business activity within the City of Willits consists of mostly retail, restaurant and service stations. There are some businesses such as Metal Fx, Howard Memorial Hospital, small timber mills, and some wholesale building materials and fabrication businesses that round out the remaining activities that create our tax base. Another subcomponent that is not mentioned above is the Floral/Nursery Segment which consists of growing supplies and hardware for large scale growing.

This is where most business transactions take place and is not easily captured within the census data. To view the data effectively we pulled tax information that supplied staff with changes in retail activity over the

2.80%

2.85%

3.11%

4.09%

4.66%

4.92%

5.38%

5.54%

8.90%

9.16%

18.32%

26.19%

0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00%
Arts, Entertainment, & Recreation
Real Estate & Rental & Leasing
Management
Construction
Waste Management Services
Educational Services
Agricultural & Forestry
Accommodation & Food Services
Manufacturing
Public Administration
Other Services
Trade (Retail & Wholesale)
Health Care & Social Assistance
Employment by Industries

ECONOMIC REPORT
FOR

THE CITY OF WILLITS
By
Manuel J. Orozco
Finance Director
Gross Receipts of Local
Businesses
Figure 1.2
Figure 1.1
years. However, the growth in the Floral/Nursery industry between 2016 and 2021 was unable to overturn the overall decline in the gross receipts of local businesses. This is demonstrated in the Gross Receipts table on page one as Figure 1.2 and the comparative Nursery Receipts tables shown on Figure 2.1
Cannabis Industry
In November 1996 voters passed a law, known as Proposition 215 where the ownership of medical cannabis was legalized without legalizing the business side of the industry. This left the cannabis industry in a legal grey area that kept prices high due to the illegality of the sale of cannabis.

After Proposition 215 passed in 1996 the cannabis industry could be considered an underground market that left residents participating in the market utilizing disposable cash to spend within the regional market, including Willits. This was a welcome change due to the economic contraction left when the timber industry downsized. With no large-scale industry to replace the timber industry but a noticeable increase in disposable cash the service industry began to boom, and our local economy augmented to a service economy.

Going into the 2016 year it looks as though the economy grew and adapted to the level of disposable cash on hand that shows a steadily rising tax base of 3% year over year2. However, something changed after 2016. A careful look at the graph to the left, which merges the two prior graphs, shows a sharp decline in the gross receipts of local businesses between the Fiscal years of 2016-2019 with an overall drop of 10.0% during that period. Additionally, during that period the activity of nursery receipts increased while a total receipts for the city decreased. It is a general indication of traditional agricultural market forces playing out.

Traditional agricultural market forces have dictated the utilization of subsidies in the past in order to provide economic stability to farmers and ensure a steady domestic food supply. To simplify the reasoning, farmers who grow a crop may find themselves competing with other farmers who are growing the same crop. This could result in one farmer spending money to increase capacity and create more product to sell at a cheaper rate. The other farmer must then produce more to ensure that the Return on Investment (ROI) continues to make economic sense. But both farmers, and others when these compounded, are now flooding the market with one crop and the price, due to supply and demand, drops even further than expected. This is what appears to be happening within the cannabis industry, which means that the high prices of cannabis due to the artificial scarcity because of the legality of the product no longer applies. The act of legalization appears to have removed artificial scarcity. It is unlikely that the federal government will step in to subsidize the cannabis market which means that the industry is now subject to market forces. - “In some of the most mature legal cannabis markets across the U.S., sales are declining after surging earlier in the pandemic.”
Additionally, new ways of processing cannabis include a method utilizing “e-cigarette” technology which eliminates the labor-intensive process. This creates a new plethora of cannabis products that cater to multiple consumers and provides further supply that results in lower costs. Unfortunately, this does not appear to be the only issue facing cannabis as we have seen a downturn in demand that is nationwide according to multiple reports across the country following the pandemic. This is leading to the headlines like “In some of the most mature legal cannabis markets across the U.S., sales are declining after surging earlier in the pandemic.”3.

But this does not mean that there is nothing on the horizon for the cannabis industry, but the legality and regulation of cannabis will continue to be key forces driving the industry as different countries and states within the U.S. approach the use and sale of cannabis differently. Because this landscape keeps changing, and market forces are larger than the scope of our community, we should move to keep the industries we have and help them along but not expect too much more after the established businesses mature.

Nursery Receipts
Figure 2.1
Figure 2.2 Comparative Activity Not to Scale

IN CONCLUSION
It is probably in the city’s best interests to pivot and seek to diversify the commercial and industrial sectors of the city in any way we can. The city is hitting a barrier and may require our attention to move toward building our economy to be more robust and less subject toward a single industry or to market downturns. Part of that is the fiscal stability of the city itself, which has been achieved but still requires us to be vigilant on ensuring that we stay within our means.

To further the conversation along rebuilding the city’s economic standings the Finance Department encourages a market analysis of our community and seek to push for opportunities that can further the growth of the community and ensure long term economic stability.

We should truly look at how wealth enters our system and circulates, creates employment and other opportunities, and then identify how and how much leakage of this wealth we have in our system.

This includes:
- Identifying how many people commute from our area to work. - Identify our consumption behaviors as a community.
- Identify outside influences of our community and what is their consumption. - Identify the local trade patterns.
- Understand how to utilize our natural resources to the community advantage.

It is important that these goals also reflect the value system of our community as we juggle the various priorities of our community. “In the middle of every difficulty lies opportunity.” – Albert Einstein

SOURCES
1) www. htps://worldpopula�onreview.com/us-ci�es/willits-ca-popula�on - htps://data.census.gov/table?�d=ACSDT5Y2020.B03002&g=1600000US0685600 - htps://data.census.gov/table?�d=ACSST5Y2020.S0101&g=1600000US0685600 - htps://data.census.gov/table?�d=ACSST5Y2020.S1501&g=1600000US0685600 - htps://data.census.gov/table?�d=ACSST5Y2020.S1501&g=1600000US0685600 - htps://data.census.gov/table?g=1600000US0685600&�d=ACSST5Y2021.S1701 2) Avenu Insights & Analy�cs - 2023 1st - 3rd Quarter Report 2022 1st – 4th Quarter Report & 2018 1st – 4th Quarter Reports - Data published on California Department of Tax & Fee Administra�on - Data provided as backup for tax revenue collec�on.
3) Sykes, Stefan. “Marijuana industry sales slow down a�er pandemic surge” CNBC Evolve Published Friday, December 9, 2022 7:00 AM EST, htps://www.cnbc.com/2022/12/09/marijuana-industry-sales-slowdown.html, Accessed March 1, 2023 Koseff, Alexei. “Emerald Triangle communi�es were built on cannabis. Legaliza�on has pushed them to the brink” CalMaters, Feb 27,2003. htps://calmaters.org/poli�cs/2023/02/emerald-triangle-cannabiscommuni�es/ Addi�onal Resources:

White, Deborah. "What Are U.S. Farm Subsidies?" ThoughtCo, Feb. 16, 2021, thoughtco.com/us-farm-subsidies-3325162.

Hoban. Robert. “Where The Marijuana Sector Goes From Here” Forbes, Feb. 21,2023. htps://www.forbes.com/sites/roberthoban/2023/02/21/where-the-marijuana-sector-goes-fromhere/?sh=5a5cd10a5e6a Demko, Paul. “A na�onal weed glut is causing prices to plummet and imperiling businesses.” Poli�co, Dec. 25, 2023. htps://www.poli�co.com/news/2022/12/25/weed-prices-business-michigan-00075485

Willits City CouncilMarch 8, 2023

Willits City Council
March 8, 2023