Agenda — Willits City Council, April 12, 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
APRIL 12, 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. Presentation of a Proclamation – Honoring the Memory of Former Willits Police Sergeant James Miller. b. Frontier Days Board asking on the status of the repairs to the damaged facilities at the Rodeo Grounds.

4. ENACTMENT OF ORDINANCES
a. None.

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

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

7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.
a. SITTING AS THE PLANNING COMMISSION - A Conditional Use Permit request submitted by Wayne Rogina to place an 1,800-square foot, single-family dwelling on a vacant lot in the R3 Zoning District. The R3 District requires the granting of a Conditional Use Permit to accommodate the placement of new single-family dwellings. The subject project is south of the intersection between Coast and Mill Streets.

Presenting staff member: Taylor Perry, City Planner.

Willits City Council Agenda – April 12, 2023.

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8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Adopt a Resolution to submit a letter to the Board of Supervisors requesting the Supervisors to place Bittenbender Trust Funds received by the County Museum in the Community Endowment Account.
b. Adopt a Resolution to Implement an Athletic Field Use Policy. c. Verbal Reports – No Action.
i. County Board of Supervisors proposed Economic Development Committee.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Approve a New Description for a Contract Administrative Specialist for Placement in the Services and Facilities Department, Effective April 13, 2023.

Presenting staff member: Karen Stevenson, Human Resources Manager. b. Recognize the Adoption and use of the Revised Flood Hazard Determinations, Including Revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) Report for Mendocino County, California and Incorporated Areas, Provided by the Federal Emergency Management Agency that is in Effect as of September 1, 2022.

Presenting staff member: Davey Bowles, Building Official. c. Discussion to Adopt a Resolution: 1) Authorizing Application for and Receipt of the Clean California Local Grant Program Funds to Beautify and Improve Existing Parks, Local Streets, and Pathways; Provide Community Cleanup and Dump Day Events; and 2) Upon Approval from the State, Amending the Fiscal Year 2023-24 Budget.

Presenting staff member: Dusty Duley, Community Development Director. d. Discussion of the Existing City of Willits Sidewalk Municipal Code and Consideration of Potential Updates.

Presenting staff member: Scott Herman, Public Works Director. e. Adopt a Resolution Authorizing the Advertisement of the West Mendocino Rehabilitation Project, Phase I, Project No. 2023-03.

Presenting staff member: Andrea Trincado, Project Manager. f. Receive Report Establishing the Measure K Advisory Committee as Stated by Municipal Code Section 3.32.140 in Ordinance 2020-03.

Presenting staff member: Manuel Orozco, Finance Director.

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month)

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 6th day of April, 2023.

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance attending or participating 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 Willits City Council Agenda – April 12, 2023. Page 3 of 3 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. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, MARCH 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, Larry Stranske, Saprina Rodriguez, Vice Mayor Gerardo Gonzalez 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; Taylor Perry, City Planner; Fabian Lizarraga, Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
None presented.

3. Public Matters
a. Presentation of a Proclamation – National Public Safety Telecommunications Week April 9-15, 2023.

Mayor Kanne read the Proclamation Recognizing April 9-15, 2023, as National Public Safety Telecommunications Week and presented it to Willits Police Dispatcher Debra Tonelli. b. 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.
c. Update - Mendocino County Third District Supervisor John Haschak.  The Great Redwood Trail Agency will be having an open house forum at the Willits Community Center Thursday March 23, 2023.
 The County had a meeting with the Federal Emergency Management Agency (FEMA) on March 21, 2023, the county and state has done their disaster declaration from the snowstorms, and we are now waiting for the Federal Governments declaration. Once the declaration from the Federal Government is made there is hopes of public assistance from FEMA.
 Reminded everyone of the survey for the Museum that is on mendocinocounty.org/museum. The purpose of the survey is to let them know what the community would like to have in the museum and to make a better connection between the City, County and the people. The museum has been doing a lot of outreach sessions throughout the county in hopes of coming up with a strategic plan.  Supervisor Haschak thanked Councilmember Strong for the Building Community Initiative Forums.
 The Museum has a new exhibit that is starting next week called Gadgets Galore, transforming the American household.

Willits City Council Minutes of March 22, 2023 Page 2 of 7  Councilmember Strong asked about the Skunk Train wanting to abandon the line between Willits and Fort Bragg. Supervisor Haschak mentioned that this is a rumor.

There is an abandonment of the line from Willits to Cloverdale. d. Update – Troop 42 Scout, Annalee Gonzalez, Eagle Scout Project.

Scout Annalee Gonzalez gave a presentation and a slide show about her Eagle Scout Project of Community Pantries that she placed in the Recreation Grove Park and on Coast Street.

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. March 8, 2023.

Public Comment: None presented.

Moved by Gonzalez Seconded by Stranske and carried unanimously 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 Activity Report - February 2023.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Adopt Resolution Appointing City Council Members to Represent the City of Willits and to Vote on Behalf of the City at the League of California Cities’ Redwood Empire Division Business Meetings and Division Legislative Committee Meetings.

Public Comment: None presented.

Moved By Strong/Seconded by Stranske and carried unanimously to Adopt Resolution No. 2023-16 Appointing City Council Members to Represent the City of Willits and to Vote on Behalf of the City at the League of California Cities’ Redwood Empire Division Business Meetings and Division Legislative Committee Meetings. b. Athletic Fields Use Policy. The City Council reviewed the Policy on February 22nd. The Council sought to have different organizations meet with staff to provide their comments to the Policy. This version incorporates the discussed comments.

Councilmember Rodriguez recused herself, she is a volunteer member of Willits Youth Soccer, and left the Council Chambers during the discussion section of the agenda item.

She returned for Public Comment.

Public Comment: Members of the community spoke against the Athletic Field Use Policy.

By direction of the City Council, it was decided that staff would have one final meeting with representatives from different organizations to allow them all to provide input for the Athletic Field Use Policy.

Willits City Council Minutes of March 22, 2023 Page 3 of 7 No Action taken.

c. Verbal Reports
 City Manager Bender presented the Council with the First Edition of the City of Willits Newsletter. The newsletter will be produced quarterly.

9. Department Recommendations (Action Items)
a. Adoption of County of Mendocino Services Agreement for Animal Control Services within the City and Inclusion of County Ordinances Regulating Animal Control into the Willits Municipal Code.

Presenting staff member: Police Chief Lizarraga.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Strong and carried unanimously to adopt Resolution No. 2023-17 approving an agreement between the City of Willits and the County of Mendocino in the amount of $22,124.80 for Animal Control Services for the period of July 1, 2022, through June 30, 2023
b. Consideration of Adoption of the State of California Governor’s Designation of Applicant’s Agent Resolution Allowing the City Manager to Apply for Public Assistance and Recovery Funding.

Presenting staff member: Delores Pedersen, City Clerk
Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-18 designating authorized agents to act on the city’s behalf for Disaster Financial Assistance.
c. Authorize the Purchase of Two 2023 Chevrolet Silverado 1500 4x4 Pickup Trucks with Regular 6 ½ Foot Beds One for Each of the Water and Wastewater Departments for the State Contract Pricing of $52,659.59 Each (Total of $105,319.18) from Elk Grove Auto/Winner Chevrolet and Authorize the City Manager to Execute Purchasing Documents.

Presenting staff member: Scott Herman, Public Works Director.

Public Comment: None presented.

Moved by Stranske/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-19 approving the purchase of two 2023 Chevy Silverado 1500s from Winner Chevrolet of Elk Grove, one for each of the Water and Wastewater Deprtments, at a cost not to exceed $105,319.18.
d. Update on the Electrical Vehicle Charging Stations in the City Parking Lot between Mendocino Avenue and Wood Street.

Presenting staff member: Taylor Perry, City Planner
City Planner Perry presented the council with a PowerPoint presentation on the Electrical Vehicle Charging Station on Wood Street.
 Councilmember Gonzalez asked, What keeps drivers without electric vehicles from parking in the Electric Vehicle (EV) Station? Chief Lizarraga responded that once Willits City Council Minutes of March 22, 2023 Page 4 of 7 the EV parking only signage was installed it allowed the Police Department to issue warnings. There are now fewer violators.
 Vice Mayor Gonzales supports the city renewing the Charging Station Service Agreement.
 Councilmember Strong supports renewing our service agreement. Would like to have signs on Main Street directing travelers to the EV Charging station.  Councilmember Rodriguez does not feel we are getting enough use to invest the time into the rate structure. Supports renewing the service agreement.  Mayor Kanne supports the three first recommendations and not the fourth noted in the PowerPoint presentation.

Public Comment: Community members asked questions regarding enforcement of use of the Electric Vehicle Charging station and the net data that is provided by ChargePoint.

10. Department Monthly Reports
a. Airport
 Assistant City Manager Moorhead added the deadline has passed for the Airport Consultant, the city has received two responses, a meeting has been scheduled for Monday, March 27, 2023 for staff to review and move forward with the selection.  Assistant City Manager Moorhead also reported that she has received calls from retired airport managers and pilots to do the third-party assessments to make sure the city is doing things correctly with regards to Federal Aviation Administration (FAA) and CalTrans Guidelines.
b. Community Development Department
 Community Development Director Duley clarified that the Rail Trail Meeting that is taking place on March 23, 2023, is a joint meeting with the State and the City of Willits. The community is encouraged to attend to get an update on the Willits Rail with Trail, this trail will be about 1.6 miles and will extend from East Commercial Street down to East Hill Road. Mr. Duley clarified that the Willits Rail with Trail will not interfere with the Skunk Train. The trail is in the is located entirely within the Great Redwood Trail Agency (GRTA) right of way, it does cross over city streets, but it does not rely on private property to support the trail.  Director Duley reported that the Community Development Department is in the process of updating the Land Use Element for the General Plan. There will be a meeting in the Community Center on March 29, 2023. There will be an afternoon and evening session. The meeting is open to the public, the public is encouraged to provide feedback on what they would like the future of Willits to look like. c. Engineering
 Project Manager Trincado added that the plans and specifications are done for the Railroad Trestle Watermain Relocation Project. They are now working on the last details for the Memorandum of Understanding (MOU’s) with the property owners, they are expecting the project to move forward, and construction is anticipated in later half of May.
 The West Mendocino Rehabilitation Project plans and specs are targeted to be completed in April, the Engineering Department is anticipating being able to bring the permission to advertise for bids forward in early April.  Annual Pavement Preservation Project has plans and specs on the way. Project looks to be happening in the fall.
 The contact tank for the Groundwater Project is currently out to bid, it is anticipated that the bids will be due back on April 5, 2023.

Willits City Council Minutes of March 22, 2023 Page 5 of 7  The city has received two separate Grant Awards from the Highway Safety Improvement Program to upgrade or install traffic safety improvements on a variety of street throughout town. The total award amount is $416,070.00.  Councilmember Strong asked if the city will meet the application deadline to commit to the to the existing solar rate. Project Manager Trincado responded that the city is on target with four applications for the solar locations the city has planned. d. Finance
 Finance Director Orozco reported that the city is continuing with the start-up of Springbrook implementation. Approximately halfway through developing the new chart of accounts. Pooled cash system also needs to be developed. Director Orozco also reported on the cleanup of the current system, he explained that the clean-up of fund 690 consists of about 2,000-line items that each need to be reviewed to find out what fund number they need to be credited or debited to. e. Police Department
 Chief Lizarraga reported that Officer John Gale welcomed a baby girl into their family. Mom and baby are doing well.
f. Public Works
 Public Works Superintendent O’Shea reported moving forward with shade canapes at the skate park as well as at the soccer field. Will also be putting in a second set of bleachers at the soccer field. All will be paid for with the Prop 68 Grant.  The lights on the Arch have been repaired and the flag has been changed.

Paramount Sign did the light repair and changed the flag while they were there.

There are still a few small pieces of neon that they need to fabricate, they will be completing the project in about a month.
 A solar powered illuminated stop sign has been installed on Central Street where it intersects with East San Francisco Street.

g. Utilities
 Utilities Superintendent Herman reported that the reservoirs levels are impressive for the first time in his 11 years with the city. The city has submitted a Spring Operations Plan to the Division of Dam Safety.
 Night flushing has started on Main Street. Once Main Street is completed the department will move on to the side streets.

No action taken.

11. City Council Announcements, Communications and Reports Councilmember Stranske
 Reported that he has been approached by community members questioning if the city is prepared if there were to be a major earthquake or other catastrophic event.  Water/Wastewater Committee – Reported on Pine Mountain emergency water request and Sherwood Rancheria’s Reservation on East Side Road request to hook up to city water for 100 homes. Vice Mayor Gonzalez added that the committee authorized a Memorandum of Understanding (MOU) to begin talks with Pine Mountain so that they may proceed with an application for a study. City Manager Bender added the committee advised staff to prepare an MOU that does not lock the city into a long-term commitment, it starts the process that states that the city would agree to help Pine Mountain and the Tribe to pursue exploratory steps on how this would play out. City Manager Bender clarified that the committee advised staff to prepare a Memorandum of Understanding (MOU) that does not lock the city into any type of long-term commitments, it states the city will agree to help Pine Mountain Willits City Council Minutes of March 22, 2023 Page 6 of 7 and the Sherwood Rancheria Tribe to pursue exploratory steps in how this would play out. The MOU will allow Pine Mountain and the Sherwood Rancheria Tribe to seek technical assistance from the State Water Resources Control Board.

Councilmember Strong
 Land Use Element Advisory Committee – had a meeting and Rod Wilburn presented a report to them on infrastructure development and land use constraints.  Mendocino Solid Waste Management Authority (MSWMA) - Meets March 23, 2023.  Sonoma Clean Power – Meets April 6, 2023
Councilmember Rodriguez
 Land Use Element Advisory Committee – Councilmember Rodriguez’s understanding of the meeting is that the city will need to invest in some water infrastructure or consider the possibility of more groundwater use.

Councilmember Gonzalez
 Local Agency Formation Commission (LAFCo) – Meets April 3, 2023  League of California Cities/Redwood Empire Division – Meets March 24, 2023  Public Safety Policy Committee for League of California Cities – They had a presentation on Fentanyl. Speakers were Joann Jennis, committee member with a family member that is an addict and Sam Quinones, an author and journalist.

Mayor Kanne (Via City Manager Bender)
 Mendocino County Museum – The museum received an endowment of $500,000 from Mr. Bittenbender. The County of Mendocino currently has the funds, the Museum advisory board made a request to the Board of supervisors that the funds be transferred to the Community Foundation where it will not only earn more interest and create an annual revenue stream for the museum to work on programs but will also make the funds available to more community organizations. Mayor Kanne has asked that the City Council make the recommendation to show our support for the museum and its vital cultural role it plays here in Willits.  Meeting with Supervisor Haschak – The Mayor and City Manager questioned Supervisor Haschak what the county’s role in weather emergencies, everything from providing additional sand for the sandbag station, help or assistance during road closures. Mr. Haschak will get back to them with answers at the next meeting.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Councilmember Stranske announced that as of today he and his wife, Virginia, have been married for 64 Years.
 Councilmember Strong – Building Community event had 40 attendees. Topics were warming center.

Adjourned to Closed Session at 9:47 p.m.

13. Closed Session Notice
a. Pursuant to Government Code §54957 – Public Employee (Annual) Performance Evaluation – City Manager
The Council reconvened to open session at 10:39 p.m. and reported that in closed session the Council issued the City Manager his performance evaluation and unanimously gave him a vote of approval and on a 4/1 vote with Stranske dissenting to approve a 5% merit increase.

Willits City Council Minutes of March 22, 2023 Page 7 of 7

14. Adjournment
Mayor Kanne declared the meeting adjourned at 10:40 p.m. _____________________________
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 7157 Project Solar Inc Trevor Hiltbrand 3401 N Thanksgiving Way #200 Lehi, UT 3/7/2023 Solar Contractor
7158 Reliance Enterprises HVAC Thomas Bader 3651 Chrisyt Lane Ukiah, CA 95482 3/15/2023 HVAC Services
7159 NC Outdoors Nicklaus Conley 23964 Azalea Place Willits, CA 95490 3/17/2023 Landscaping
7160 Cloverdale Ukiah Roofing Edward Robes 306 West St Sebastopal, CA 95472 3/20/2023 Roofing Contractor
7161 Legion LLC, dba Legion Solutions David He 2010 Crow Canyon Place, ste 100 San Ramon, CA 95483 3/20/2023 Contractor
7162 MD Tree Management, LLC Dustin Gregg/ Michael Quinliven 1250 Center Valley Rd Willits, CA 95490 3/20/2023 Tree Services
7163 Tricon Building Solutions, Inc Steven King PO Box 7512 Coeurd'Alene, ID 83816 3/20/2023 Contractor
7164 Lumio HX, Inc Travis Wilson 1550 W. Digital Dr , Ste 500 Lehi, UT 84043 3/20/2023 Solar Contractor
7165 Greene Concrete Const. Richard Greene 75 N Main St #242 Willits, CA 95490 3/20/2023 Concrete Contractor
7166 Roger Roger 1445 Peninsula Dr Arcata, CA
95521 3/20/2023 Electrician
7167 O Solar Mio LLC Samuel F Dominguez 5070 N Sixth St Ste 109 Fresno, CA 93710 3/20/2023 Solar Contractor
7168 McHale Sign Co., Inc. Patrick Corey 3707 Electro Way Redding, CA 96002 3/20/2023 Electrician Contractor
7169 L.D. Giacomini Ent. Inc Lester Giacomini 3351 North State Street Ukiah, CA 95482 3/20/2023 Contractor
7170 Jane Valerius Environmental Consulting Jane Valerius 6467 Eagle Ridge Rd Penngrove, CA 94951 3/21/2023 Environmental Consulting
7171 Pacific Metal Buildings Inc Eusebio Castillo 270 Old Hwy 99 W Maxwell, CA 95955 3/31/2023 Structural Steel Contractor
7172 Best Tech Solutions Spencer Scott 493 S Main St Willits, CA 95490 3/31/2023 Internet Services
New Business License - March 2023
6a
Item No. 7a
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Taylor Perry, City Planner
Agenda Title: DISCUSSION AND POSSIBLE ACTION ON CONDITIONAL USE PERMIT APPLICATION NO. U-22-01 FOR WAYNE ROGINA SINGLE-FAMILY RESIDENCE.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 min_ Summary of Request: The applicant and owner, Wayne Rogina, is proposing a Use Permit to allow for construction of a single-family residence on a vacant parcel zoned for multiple residences (R3); APN 006- 120-45. The approximately 1,800-sq. ft. modular home will be constructed upon a permanent engineered foundation. The project also includes 600 sq. ft. of proposed landscaping and paving a 600-sq.ft. driveway with two parking spaces. The project site is south of the intersection between Coast and Mill Streets.

In January 2018, Wayne Rogina applied for the minor subdivision of a 1.26-acre parcel (APN 006-120-44) to create a 0.70-acre parcel and a 0.56-acre parcel. Staff approved the application, and the Final Subdivision map, new deeds, and parcel description for APNs 006-120-45 and 006-120-46 were recorded in January 2018. Following the completion of the subdivision, the applicant now wishes to develop the vacant parcel APN 006-120-45. The Multiple-Residence (R3) Zone requires a Conditional Use Permit for establishing a single-family residence, whereas it principally permits multi-family residential development.

In September 2018, the City Council approved amendments to various chapters of Title 17 of the Willits Municipal Code, intending to address a number of goals established in the Willits 2009-2014 Housing Element as well as changes in State Law. One of the amendments revised Chapter 17.18 MultipleResidence (R3) Zone, making Use Group 2a Single-family Residences a Conditional Use in the R3 Zone.

Prior to adoption of the Ordinance, all residential uses were principally permitted in this zone.

The 2019 Housing Element identified available sites within the City for development of multi-family units to meet its projected regional housing needs and comply with assigned RHNA numbers. The comparison of regional growth needs to available residential sites indicates that Willits has a surplus of vacant lots zoned Residential Medium-Density (R2) and R3 that may allow for development of multi-family residences.

The project, as proposed, will allow for the potential development of additional multi-family housing units in the future and does not conflict with the current Housing Element.

Recommended Action: Conduct a public hearing and adopt a Resolution approving Use Permit No. U22-01. Should the Planning Commission find significant issues with the project that require mitigation measures, staff recommends that the item be continued to a future hearing date Alternative(s): None.

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

Personnel Impact:
2021 Adopted Goals: The request conforms with the recommendation listed as Goal #2 under Community Development…Develop a plan to encourage the construction of new housing and the preservation of existing housing stock for the City.

PLANNING COMMISSION AGENDA STAFF REPORT
MEETING DATE: April 12, 2023 AGENDA ITEM NO:

TO: Honorable Mayor and Members of the City Council,
acting as the Planning Commission
PREPARED BY: Taylor Perry, City Planner
REQUEST: To consider a Use Permit No. U-22-01 to allow for construction of a single-family residence on a parcel
currently zoned for Multiple-Residence (R3). The
approximate 1,800-sq. ft. modular home will be
constructed upon a permanent engineered foundation.

The project also includes 600 sq. ft. of proposed
landscaping, and paving a 600-sq.ft. driveway with 2
parking spaces.

OWNER/APPLICANT Wayne Rogina
LOCATION: In the City of Willits, positioned southside of Coast Street, approximately 900 feet east of its intersection with CA Hwy 20, 150 feet down a private driveway;
Address not yet assigned; APN 006-120-45.

TOTAL ACREAGE: 0.56 acre
GENERAL PLAN: Residential-Medium Density (R-M)
ZONING: Multiple-Residence (R3)
ENVIRONMENTAL DETERMINATION: Categorically Exempt from CEQA, pursuant to Section 15303 (Class 3 - New Construction of Small Structures)
of the CEQA Guidelines.

RECOMMENDATIONS: Approve the request.

STAFF REPORT : USE PERMIT #U-22-01
PAGE 2

BACKGROUND
RELATED APPLICATIONS:

MLD 16-03: In January 2018, Wayne Rogina applied for the minor subdivision of a 1.26-acre parcel (APN 006-120-44) to create (1) 0.70-acre parcel and (1) 0.56-acre parcel. Staff approved the application, and the Final Subdivision map, new deeds, and parcel description for APNs 006- 120-45 and 006-120-46 were recorded. There currently exists one single-family residence on the adjacent 0.70-acre parcel, APN 006-120-46.

RELATED CITY ORDINANCES:

Ordinance Amendment No. 18-03: In September 2018, City Council approved amendments to various chapters of Title 17 of the Willits Municipal Code, intending to address a number of goals established in the Willits 2009-2014 Housing Element as well as changes in State Law. One of the amendments revised Chapter 17.18 Multiple-Residence (R3) zone, making Use Group 2a Single-family Residences a conditional use in the R3 zone. Prior to adoption of the Ordinance, all residential uses were principally permitted in this zone. The purpose of the revision was to reserve limited R3-zoned parcels for multi-family residential use.

PROJECT DESCRIPTION:

The applicant is requesting a Use Permit (No. U-22-01) to allow for construction of an 1,800 sq. ft. single-family residence positioned on the northern section of the vacant parcel, allowing for the potential future development of additional multi-family housing units. The modular home will be placed upon a new permanent, engineered foundation. A new 600-sq. ft. driveway will be paved off the private drive, and a parking area will be designated just outside the residence to accommodate for two parking spaces. The residence will utilize the existing private drive for access to the parcel. Approximately 600 sq. ft. of landscaping will be installed near the residence.

Utility infrastructure has been installed and the residence will be serviced by City water and sewer, and PG&E. No other improvements are proposed as part of this project.

PROJECT SETTING
SITE CHARACTERISTICS AND SURROUNDING LAND USES:

The property is approximately 0.56 acre and can be characterized as a vacant, grassy field with gentle slopes facing south. The parcel is surrounded by a fence that encompasses both the project parcel, the adjacent southern parcel (APN 006-120-46), and the private, unnamed drive.

The driveway extends approximately 350 feet south off Coast Street and ends with a 60-foot-wide turnaround before the southern, adjacent single-family residence. The driveway has an access and utility easement 30 feet in width, pursuant to conditions set forth in MLD 16-03. The drive is privately maintained, pursuant to a Road Maintenance Agreement recorded in 2019, bound in perpetuity. The drive provides access to the project parcel and two abutting parcels, both containing single-family residences. The property resides in a neighborhood surrounded by parcels with Multiple-Residence (R3) zoning; some parcels contain one single-family residence, while others are developed with two or more units. The abutting parcels on all four sides of the project parcel contain one single-family residence, although the zoning designation principally allows development of more than one residence.

STAFF REPORT : USE PERMIT #U-22-01
PAGE 3
The site is surrounded by the following land uses:

APN GENERAL PLAN ZONING LOT SIZES USES
NORTH 006-080-39 R-M R3 0.21± acre Residential Single-Family EAST 006-120-15 R-M R3 1.2± acres Residential Single-Family SOUTH 006-120-46 R-M R3 0.7± acre Residential Single-Family WEST 006-120-38 R-M R3 1.5± acres Residential Single-Family SERVICES:

The project parcel is served by the following jurisdictions:

Access: Driveway off Coast Street
Fire District: Little Lake Fire Protection District
Water: City of Willits
Wastewater: City of Willits

REFERRAL AGENCY COMMENTS
On August 24, 2022, 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
The Technical Advisory Committee (TAC) reviewed the application on September 13, 2022. A Planning Division, Building Division, Engineering Division, and Public Works Department representative were present at the meeting. No department noted opposition to the project, but concerns related to inconsistency with the intent of the zone and the ability to promote higher density residential development were discussed. A revised site plan was requested of the applicant, and was received and approved by Staff on February 16, 2023. The revised site plan satisfied outstanding concerns. 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 March 30, 2023, and was mailed to property owners within a three hundred and fifty (350) foot radius on March 30th, 2023. Forty-five parcels fell within the noticing sphere, and after removal of duplicated records, forty property owners were notified. No public comments were received in response to the notice.

STAFF REPORT : USE PERMIT #U-22-01
PAGE 4

STAFF ANALYSIS
GENERAL PLAN AND ZONING CONSISTENCY:

The property has a General Plan land-use designation of Residential-Medium Density (R-M) and a zoning designation of Multiple-Residence (R3). According to Section 17.18.010 of the Zoning Code:

The multiple-residence (R3) zone is intended to stabilize and protect residential characteristics and to promote higher-density residential development.

Willits has a limited supply of land zoned R3, which allows for multi-family residential use, by right.

In order to preserve existing and future R3 zoned sites for multi-family development, the City processed an amendment to the Zoning Ordinance in 2018 (Ordinance No. 18-03), establishing a minimum density of 14.5 dwelling units per acre in the R3 zone. This effectively removed establishment of a single-family residence (Use Group 2a) from the list of principally permitted uses in the R3 zone. Prior to adoption of the Ordinance, all residential uses were principally permitted in this zone, including single-family residential. The application for a use permit is being sought to facilitate construction of a single-family residence positioned on the northern section of the parcel, allowing for the future development of additional housing units.

The State of California Department of Housing and Community Development (HCD), mandates deadlines for delivery of housing need allocation to Mendocino Council of Governments (MCOG).

MCOG collaborated with each of the five jurisdictions in the County, and the City was assigned its “fair share” of the region’s projected housing needs, known as the Regional Housing Needs Allocation (RHNA). The 2019 Housing Element identified available sites in City limits for development of multi-family units to meet its projected regional housing needs and comply with assigned RHNA numbers. The comparison of regional growth needs to available residential sites indicates that Willits has a surplus of vacant lots zoned Residential Medium-Density (R2) and R3 that may allow for development of multi-family residences, as shown in Table 1. Sites in the City that are zoned to provide for affordable housing are in the R2 (14.5 units per acre maximum) and R3 (29 units per acre maximum) zoning districts.

Table 1. Comparison of Regional Growth Need and Residential Sites Income Group
2019-2027
RHNA
Remaining
RHNA
Vacant Inventory
Capacity
RHNA
Surplus
Extremely Low 17
Very Low 17 59 181 122
Low 25
Moderate 17 15 352 337
Above Moderate 35 35 62 27
Total 111 109 595 486
Source: City of Willits 2019; Mendocino Council of Governments, Regional Housing Needs Plan, adopted August 20, 2018
Proposed placement of the single-family residence allows for future development of additional multi-family housing units to satisfy conditions and projections established in the 2019 Housing Element of the General Plan. In the event that additional residential units are not developed on the project parcel by 2027, the City will continue to have a surplus of potential sites to allow for STAFF REPORT : USE PERMIT #U-22-01
PAGE 5
residential development to meet RHNA requirements. Establishment of the residence will not interfere with the City’s ability to meet requirements set forth by State Law and does not present conflict with the 2019 Housing Element. Further, the proposed design, 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 residential and consist primarily of single-family residences.

Many parcels in vicinity of the project site are similarly zoned R3. The nearest residence is located on the northern abutting parcel (APN 006-120-46) approximately 63 feet to the north.

Establishment of the residence does not present a conflict to existing nearby uses.

The project, as proposed by the applicant, will place the single-family residence in the northern third of the parcel to allow for the potential development of additional multi-family housing units and respective parking on the remaining land. The single-family residence will be located in an area surrounded by residential uses. It is not anticipated that establishment of a single-family residence in this location currently presents any conflict to surrounding land uses.

Changes to zoning designations across the City, and amendments to the zoning code are expected to occur once changes are made to the General Plan. The City is currently in the process of updating the Land Use Element (LUE) which is subject to completion by September 2023. The LUE is the driving element in the General Plan, to which all other elements must relate. For example, it must accommodate the number of housing units required by the state via the Housing Element. With adoption of the LUE, the City shall expect changes to the pattern of development by establishing the density, intensity, and types of land uses throughout the City, which may affect the project site. Likely, the update will include the rezoning of parcels to become consistent with existing land uses. Further, State Law requires zoning to be consistent with the General Plan, which means rezoning and revisions to the Zoning Ordinance may be required after the Land Use Element is updated.

ADHERENCE TO CONDITIONS OF MINOR SUBDIVISION (MLD 18-03):

Minor Subdivision No. MLD 16-03, approved in 2018, includes various conditions that shall apply to this permit. More specifically, it is recommended that the permit be subject to the following conditions relating to air quality, cultural resources, fire protection, and noise:
 Air Quality
o The access road, driveway and interior circulation routes must be maintained in such a manner as to insure minimum dust generation subject to Air Quality Management District (AQMD) Regulation 1 Rule 430. All grading must comply with AQMD Regulations Rule 430. Any rock material, including natural rock from the property, used for surfacing must comply with AQMD regulations regarding asbestos content (Condition #9).

STAFF REPORT : USE PERMIT #U-22-01
PAGE 6
 Cultural Resources
o In the event that archaeological resources are encountered during development of the property, work in the immediate vicinity of the find shall be halted and a qualified cultural resources specialist shall be retained at the developer’s expense to analyze the significance of the resources and to formulate any mitigation that may be necessary. (Condition #10).
 Fire Protection
o The 26-foot-wide fire access road and 60-foot-wide turnaround shall be maintained and kept clear to the satisfaction of the Little Lake Fire Department (Condition #11). o Parking shall be prohibited along the west side of the private road serving the subdivision for the purpose of maintaining adequate emergency service access. The applicant shall establish and maintain signage or markings noting this parking prohibition to the satisfaction of the Little Lake Fire Department (Condition #12).  Noise
o Construction activities involving hammering, sawing, or any loud machinery or heavy equipment shall be limited to between 7:00 a.m. and 7:00 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on Saturdays, with no construction on Sundays (Condition #13).

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) of the CEQA Guidelines. Examples of the Class 3 exemption include construction of one single-family residence in a residential zone, or construction of up to three single-family residences in an urbanized area. The Project is defined in the Willits Zoning Code (Chapter 17) as a single-family residence, 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) of the CEQA Guidelines.

GENERAL PLAN FINDING: The proposed project is consistent with the property General Plan designation of Residential-Medium Density (R-M) 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; STAFF REPORT : USE PERMIT #U-22-01
PAGE 7
The proposed residence’s size, shape, and location will not interfere with the existing and surrounding residential uses and does not prevent future residential development onsite.

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 Coast Street which serves the subject property and two existing single-family residences. The City Public Works Division and City Engineering Division reviewed the project request and are not requiring any new changes to the street as a condition. The street is 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 recommended conditions of approval are adequate to minimize potential future impacts to adjoining or nearby properties. 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 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 residence will require approval of a City of Willits building permit and approval from the Little Lake Fire Protection District. Approval of this will ensure that the residence 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 one (1) year from the date of approval; otherwise, the Conditional Use Permit will expire.

STAFF REPORT : USE PERMIT #U-22-01
PAGE 8

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.

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.

AESTHETICS

8. 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.

AIR QUALITY

9. The access road, driveway and interior circulation routes must be maintained in such a manner as to insure minimum dust generation subject to Air Quality Management District (AQMD) Regulation 1 Rule 430. All grading must comply with AQMD Regulations Rule 430. Any rock material, including natural rock from the property, used for surfacing must comply with AQMD regulations regarding asbestos content.

CULTURAL RESOURCES

10. In the event that archaeological resources are encountered during development of the property, work in the immediate vicinity of the find shall be halted and a qualified cultural resources specialist shall be retained at the developer’s expense to analyze the significance of the resources and to formulate any mitigation that may be necessary.

FIRE PROTECTION

11. The 26-foot-wide fire access road and 60-foot-wide turnaround shall be maintained and kept clear to the satisfaction of the Little Lake Fire Department.

12. Parking shall be prohibited along the west side of the private road serving the subdivision for the purpose of maintaining adequate emergency service access. The applicant shall establish and maintain signage or markings noting this parking prohibition to the satisfaction of the Little Lake Fire Department.

NOISE

13. Construction activities involving hammering, sawing, or any loud machinery or heavy equipment shall be limited to between 7:00 a.m. and 7:00 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on Saturdays, with no construction on Sundays.

STAFF REPORT : USE PERMIT #U-22-01
PAGE 9

RECOMMENDATION FOR PLANNING COMMISSION
Staff recommends that by resolution, the Planning Commission approves the request for Use Permit No. U-22-01 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) Applicant Site Plan
5) Legally Noticed Parcels
Prepared by : Taylor Perry, City Planner ; 707-459-7125 ; [email protected] Reviewed by : Dusty Duley, Community Development Director ·|}þ20
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Hearst Willits Road
Hearst Willits Road
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orth
Main S tr eet
S outh Main S tr eet
Sherwood
Ro
ad
City of
Willits
Sources: Esri, HERE, DeLorme, increment P Corp., NPS, NRCan, Ordnance Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:
µ U 22-01
ROGINA, Wayne
006-120-45
Wayne Rogina
None
1:63,360
0 2,600 5,200 Feet
0 0.5 1 Miles
E
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Me n d oc in o
B oo n v ille
Yo r kv ill e
Fo r t B r a g g
La y to n v ille
P oi n t A re n a
P ot te r Va lle y

SUBJECT PARCEL
MENDOCINO COUNTY PLANNING DEPARTMENT- 2/1/2023
City Limits
Highways
Major Roads

LOCATION
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES ATTACHMENT 1. LOCATION MAP
Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:
µ U 22-01
ROGINA, Wayne
006-120-45
Wayne Rogina
None
1:706
0 30 60 Feet
0 0.005 0.01 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 2/1/2023

AERIAL IMAGERY
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES ATTACHMENT 2. AERIAL PHOTO

ST REET

EVA C LAIRE

MA PL E

ST RE E T

WEST MENDOCINO

ST R E ET

H AR M A N
LA N E

POP L AR

ST RE E T
PE N N

ST RE E T
BUSH

STR E E T
EA SY

ST RE E T
M
UIR
LA
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APLE ST R E ET

WEST VALLE Y

STR EE T
N
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RTH COAST

ST R E ET

MA NZA N ITA

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CALIFOR NIA

ST R E ET

SOUTH STR E E T

B AR B A R A L A N E

CR E ST
DR IVE

TU T TL E
LA N E

PE AR L

ST RE E T

MO N RO E S TR E E T

TR U DY L A N E

CR EE KSIDE DRIVE

AL AM ED A AVE NU E

RO B E RT D R I VE

WE ST OA K

AV EN UE

MA D R ON E

ST RE E T

H AR M S
LA N E

SC H O O L

ST RE E T

MA D D E N

ST RE E T

H U MB O L DT S TR E E T

CAT H ER IN E
LA NE

SPR U C E

ST RE E T

MC K I NL E Y

ST RE E T
WO O D

ST RE E T

EA S T OA K

ST RE E T

EA ST S AN

FRA N C IS CO AVE NU E

C EN T R AL ST R EE T

MI L L S TR E E T

RAY M ON D L AN E

RE DW O OD AVE NU E

WAL N U T S TR E E T

WE ST M EN D OC I N O AVE N UE

MAGNOLIA
AVENUE
POPLAR
AVENUE

LOC U S T ST R E ET

RAILROAD
AVENUE

H AZ E L

ST RE E T
HO LLY

STR EE T
PINE

ST R E ET

EA S T VAL L E Y ST RE E T

NO R TH

ST RE E T

LAUR E L ST R EE T

CO AS T S TR E E T

BLOSSER LANE

FRA NKL I N AVEN U E
SR 2 0

MA I N ST R E ET
C1
R3
PF
CO
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PF
R2
R1
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ML
MH
MH
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R1 C1
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ML
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:
µ U 22-01
ROGINA, Wayne
006-120-45
Wayne Rogina
None
1:6,000
0 250 500 Feet
0 0.045 0.09 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 2/1/2023
Public Roads
ZONING
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES ATTACHMENT 3. ZONING MAP
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:
µ U 22-01
ROGINA, Wayne
006-120-45
Wayne Rogina
None
1:6,000
0 250 500 Feet
0 0.045 0.09 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 2/1/2023
EXHIBIT: Applicant Site Plan
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES FIGURE 4. APPLICANT SITE PLAN
FIGURE 5. LEGALLY NOTICED PARCELS FOR U21-01
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 March 30, 2023, and was mailed to property owners within a three hundred and fifty (350) foot radius on March 30th, 2023. Forty-five parcels fell within the noticing sphere, and after removal of duplicated records, forty property owners were notified. No public comments were received in response to the notice.

Table 1. List of Mailing Addresses of Noticed Parcels
NO. STREET ADDRESS CITY ADDRESS
1 PO BOX 1297 SANTA ROSA CA 95402
2 30985 SHERWOOD RD WILLITS CA 95490
3 2500 CENTER VALLEY RD WILLITS CA 95490
4 1625 S MADRONE AVE HEALDSBURG CA 95448
5 585 W MENDOCINO AVE WILLITS CA 95490
6 98 W OAK ST WILLITS CA 95490
7 470 REDWOOD AVE WILLITS CA 95490
8 92 W OAK ST WILLITS CA 95490
9 1562 TULLY RD MODESTO CA 95350
10 598 S COAST ST WILLITS CA 95490
11 1571 S MAIN ST WILLITS CA 95490
12 PO BOX 907 WILLITS CA 95490
13 2080 BOONVILLE RD UKIAH CA 95482
14 27151 ORIOLE DR WILLITS CA 95490
15 695 HAWTHORNE LN WILLITS CA 95490
16 555 MILL ST WILLITS CA 95490
17 545 MILL ST WILLITS CA 95490
18 705 COAST ST WILLITS CA 95490
19 703 COAST ST WILLITS CA 95490
20 810 COAST ST WILLITS CA 95490
21 305 N MAIN ST UKIAH CA 95482
22 PO BOX 100 WILLITS CA 95490
23 573 RAYMOND LN WILLITS CA 95490
24 PO BOX 405 POTTER VALLEY CA 95469
25 755 COAST ST WILLITS CA 95490
26 620 COAST ST WILLITS CA 95490
27 106 FORT BRAGG RD WILLITS CA 95490
28 PO BOX 73 TALMAGE CA 95481
29 707 COAST ST WILLITS CA 95490
30 99 W OAK ST WILLITS CA 95490
31 93 W OAK AVE WILLITS CA 95490
32 83 W OAK ST WILLITS CA 95490
33 94 FORT BRAGG RD WILLITS CA 95490
34 100 HWY 20 WILLITS CA 95490
35 71 W OAK ST WILLITS CA 95490
36 PO BOX 550 WILLITS CA 95490
37 134 FORT BRAGG RD WILLITS CA 95490
38 1700 ULLOA SAN FRANCISCO CA 94116
39 118 FORT BRAGG RD WILLITS CA 95490
40 220 FRANKLIN AVE WILLITS CA 95490
RESOLUTION NO. 2023- ____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLITS, APPROVING A CONDITIONAL USE PERMIT NO. U-22-01 TO ALLOW CONSTRUCTION OF A SINGLEFAMILY RESIDENCE AT ADDRESS NOT YET ASSIGNED, COAST STREET (APN 006-200- 12).

WHEREAS, Wayne Rogina 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 Multiple-Residence (R3) zoning district located at Coast Street (address not yet assigned), more specifically described as Assessor Parcel Number 006-120-45, in the City of Willits, County of Mendocino, State of California; and,
WHEREAS, the project is Categorically Exempt from CEQA, pursuant to Section 15303 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 12th of April, 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) of the CEQA Guidelines.

GENERAL PLAN FINDING:

A. The proposed project is consistent with the General Plan designation of ResidentialMedium Density (RM) 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 residence’s size, shape, and location will not interfere with the existing and surrounding residential uses and does not prevent future residential development onsite.

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 recommended conditions of approval are adequate to minimize potential future impacts to adjoining or nearby properties. 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 residence will require approval of a City of Willits Building Permit and approval from the Little Lake Fire Protection District. Approval of this will ensure that the residence 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 #U-22-01, 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 12th day of April 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-22-01
April 12, 2023
APPROVED PROJECT DESCRIPTION:

Use Permit to allow for construction of a single-family residence on a parcel currently zoned for Multiple-Residence (R3). The 1,800-sq. ft. modular home will be constructed upon a permanent engineered foundation. The project also includes 6 sq. ft. of proposed landscaping, and paving a 600-sq.ft. driveway with 2 parking spaces; (Address not yet assigned) Coast Street; APN 006-200-

12. CONDITIONS OF APPROVAL FOR NO. U-22-01

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 one (1) year 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.

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.

AESTHETICS

AIR QUALITY

CULTURAL RESOURCES

FIRE PROTECTION

11. The 26-foot-wide fire access road and 60-foot-wide turnaround shall be maintained and kept clear to the satisfaction of the Little Lake Fire Department.

NOISE

Item No. 8a
Meeting Date: 04/12/23

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT A LETTER

TO THE COUNTY BOARD OF SUPERVISORS REQUESTING THE SUPERVISORS TO PLACE THE

RECENTLY RECEIVED ENDOWMENT (BITTENBENDER TRUST FUNDS) RECEIVED BY THE COUNTY MUSEUM IN THE COMMUNITY FOUNDATION ENDOWMENT ACCOUNT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: At the March 22nd meeting, the City Council discussed the recent good fortune of the Mendocino County Museum to be the recipient of a $500K endowment through the Bittenbender Trust Funds. During the discussion, the Council agreed there is a need to advise the County Board of Supervisors that the endowment needs placement in the Community Foundation Endowment Account.

Placement in the said account will ensure the best application of the funds to sustain the Museum and promote its community-based endeavors. The Council also noted the wise use of the endowment is critical now more than ever, as the Museum staff are preparing a strategic plan identifying future facility and operations improvements.

To encourage the Board of Supervisors to place the endowment in the Community Foundation Endowment Account, the Council instructed the City Manager to compose a letter expressing that intent. Attached is the requested letter for consideration by the Council.

Recommended Action: Adopt the accompanying Resolution authorizing the City Manager to submit the attached letter to the County Board of Supervisors on behalf of the County Museum.

Alternative(s): NA.

Fiscal Impact: NA.

Personnel Impact: Minimal.
2021 Adopted Goals: The request conforms with the recommendation listed as Goal #3 under Community Development… Develop and implement economic development strategies for the City of Willits that will promote the development and maintenance of strong business sector including business retention and attraction, tourism, marketing and revenue generation.

It is with great pleasure that the City of Willits submits this letter of support for the Mendocino County Museum.

The City of Willits supports the efforts of the Museum to secure the funding from the generous donation from the William Bittenbender Trust Fund. The City of Willits also supports the decision of the Cultural Services Agency in creating an endowment that secures the donated funds for use in long term ongoing projects.

These funds would help support the Cultural Services Agency and the Museum which has sacrificed more than One Hundred and Fifty Thousand dollars of its available budget from the prior Fiscal Year. By placing these funds in an endowment at the Community Foundation of Mendocino County, the Cultural Services Agency is signaling responsible long-term strategies for the ongoing projects and operations of the museum.

This cultural gem of Mendocino County has been constantly placed at risk due to funding issues at the County level for many years now. It is the hopes of the City of Willits that this endowment, with the Mendocino County Board of Supervisors approval, will keep the dream of our past residents by continuing to develop our historical archive and keep the Museum open for the community. Our County Museum is the “pride and joy” of the Mendocino County Historical Society and the many residents of the County, past and present, whose donations helped build the museum.
111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
Gateway to the Redwoods
2 The City Council of the City of Willits formally asks the Board of Supervisors of the County of Mendocino to approve the recommended action from the Cultural Services Agency and help to secure the financial stability of the County Museum.

Sincerely,
City Council of Willits
Greta Kanne
Mayor
Gerry Gonzalez
Vice-Mayor
Madge Strong
Council Member
Larry Stranske
Council Member
Saprina Rodriguez
Council Member
Resolution No. 2023- April 12, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO AUTHORIZE THE

CITY MANAGER TO SUBMIT A LETTER TO THE COUNTY BOARD OF SUPERVISORS

REQUESTING THE SUPERVISORS TO PLACE THE RECENTLY RECEIVED ENDOWMENT (BITTENBENDER TRUST FUNDS) RECEIVED BY THE COUNTY MUSEUM IN THE COMMUNITY FOUNDATION ENDOWMENT ACCOUNT.

WHEREAS, the Mendocino County Museum is the recipient of a $500K endowment provided by the Bittenbender Trust Funds; and
WHEREAS, the Willits City Council acknowledges the endowment and wishes the County Board of Supervisors to place the endowment in the Community Foundation Endowment Account; and
WHEREAS, the placement of the endowment in the said account ensures the best application of the funds to sustain the Museum and promote its community-based endeavors for all patrons; and
WHEREAS, the endowment will help support long-term projects currently being identified through the Museum’s strategic planning effort; and WHEREAS, it is the intention of the Willits City Council to authorize the City Manager to submit a letter to the County Board of Supervisors to place the Museum $500K endowment in the Community Foundation Endowment Account to serve the best interests of the citizens of Mendocino County; and
NOW, THEREFORE, the City Council of the City of Willits authorizes the City Manager to submit the attached letter to the County Board of Supervisors.

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, 12th day of April 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. 8b
Meeting Date: 04/12/23

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION TO IMPLEMENT AN ATHLETIC FIELD USE POLICY.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 minutes Summary of Request: The City Council on March 22nd after hearing concerns expressed by representatives of organizations, instructed staff to meet with each of the organizations to discuss the proposed Policy. Staff met with three organizations (we also contacted other groups, but they declined invites), and from observations communicated at these sessions, staff revised the Policy.

The revisions address the specific concerns conveyed by each group and are found in the new ‘Field Assignments’ section (for convenience, the revisions are shown in blue text). The revisions contain the following items: (1) Priority is given to an organization seeking usage for a field(s) configured for their primary activity; (2) If there is a request for the same field and/or time, consideration is given to an organization with a history of supporting youth athletics in the community; (3) The City encourages new organizations and will try to accommodate their requests to the greatest extent possible; and (4) The City will allow shared field usage.

Except for the noted revisions, the Policy is identical to the version discussed on March 22nd.

Attached are the Revised Athletic Field Use Policy and Map of Designated Athletic Fields.

Recommended Action: Adopt the accompanying Resolution to implement the Athletic Field Use Policy in its revised format.

Alternative(s): Instruct staff to present a different policy with agreed upon revisions.

Fiscal Impact: The Policy as configured, will generate several hundred dollars per year for Parks in the General Fund.

Personnel Impact: Coordination between the City Clerk and Public Works Superintendent. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #2 under Public Works…Increase public use of facilities over the next three years to foster civic pride, improve health, and support recreation efforts for greater involvement in local government, dependent on financing.

Reviewed by: City Manager City Attorney City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: _____________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other ________ 1 ATHLETIC FIELD USE POLICY
The City of Willits Athletic Field Use Policy establishes guidelines to ensure that City-owned, Citymaintained and City–managed park and athletic field facilities are utilized for recreational, athletic, cultural, educational, social and community service functions that meet the needs and interests of the community and that permitted users are fully informed of the City’s rules that govern their use.

Purpose
To establish policies and procedures governing the use of City parks and fields. o To ensure Willits residents have priority access to fields. o To incorporate “turf recovery period” to maintain safe, quality grass fields. o To provide for a variety of activities reflecting the athletic preferences of Willits residents. o To collect fees for the use of fields, in support of their ongoing maintenance. o To ensure that decisions regarding the use of City parks and athletic fields balance the interests of the neighborhoods, sports organizations and residents of Willits. o To ensure that appropriate uses are permitted on appropriate fields.

The City will issue an approval for exclusive field use and encouraged for any repetitive, organized use of athletic fields maintained or managed by the City. Exclusive use of a field requires making an advance reservation and is subject to fees, potential security deposit and insurance requirements.

Residency Verification
A resident is a person residing within the city limits of Willits. A copy of proof of residency must be attached to the application at the time of submission. Acceptable forms of proof of residency: driver’s license, utility or phone bill.

Willits Non-Profit Verification
The City of Willits provides affordable facility use rates for qualifying Willits non-profit organizations. To achieve non-profit resident status, at least 51-percent of the overall percentage of residents in both the participants and board members must be Willits residents. Team and board rosters with participant’s addresses must be submitted with an application for non-profit residency status. Willits Nonprofit Rate is available for Willits-based nonprofit organizations. Proof of nonprofit status is required, and a Willits address must be used on all correspondence associated with the rental. To qualify for the nonprofit rate, your organization’s name and address must be on the check or charge card. The organization must identify one authorized agent to make reservations by filling out the “Field Rental Application.” • Non-selective membership
Gateway to the Redwoods
CITY OF WILLITS 111 E COMMERCIAL STREET, WILLITS CA 95490 • PHONE: (707) 459-4601 • FAX: (707) 459-1562 Revised
March 22nd Changes shown in red / April 12th Changes shown in blue 2 Groups or organizations are considered to have a non-selective membership if they have a policy in which everyone plays regardless of ability.
• Selective membership
Groups or organizations are considered to have a selective membership if inclusion on the team or playing time is based on the participant’s ability.

Process for Obtaining Usage Approval
Field space usage requests are accepted through a seasonal process. The City will approve a request after the submission of an application with all required documents, applicable fees are paid, insurance requirements are met (if applicable) and approval has been granted. Acceptable payment options include cash, check, MasterCard, Visa and Discover. Users must be 18 years of age to make a reservation.

The City has exclusive discretion in scheduling field usage. An application must be submitted a minimum of ten business days prior to the requested use date. Payment is due in full at the time the approval is issued.

To apply for an Athletic Field Usage, an applicant must submit a field rental application to the City Clerk.

Field rental applications can be found online at www.cityofwillits.org at City Hall, or by requesting a form from the City Clerk, who may be contacted at 707.459.7113.

Fees
Facility Willits Nonprofit Resident Non-Resident
Main Soccer Field $25 three-month season $30 three-month season $50 three-month season Baseball Diamond One $25 three-month season $30 three-month season $50 three-month season Baseball Diamond Two $25 three-month season $30 three-month season $50 three-month season All Other Fields $15 three-month season $20 three-month season $25 three-month season  The fees for a Willits nonprofit for non-seasonal usage is $10 per event for the Main Soccer Field/Baseball Diamonds 1 & 2 and $5 per event for all Other Fields.  The fees for a Resident non-seasonal usage is $7 per event for the Main Soccer Field/Baseball Diamonds 1 &2 and $5 per event for all Other Fields.
 The fees for a Non-resident usage is $10 per event for the Main Soccer Field/Baseball Diamonds 1 & 2 and $7 per event for all Other Fields.

Field Assignments
The City will assign field usage based on availability, condition of fields, and the number of participants expected to use the fields. Usage requests for organizations seeking fields/facilities already configured for their primary activity will receive priority. When requests are for the same fields and/or times, the City will consider the history of the organization in supporting youth athletics to the Willits community.

The City also recognizes the importance of encouraging new organizations to promote athletics within the community and will accommodate their requests to the greatest extent possible.

To maximize field usage, the City will grant approvals to organizations that are amicable to sharing a field as long as both organizations implement measures to prevent conflicts among the participants. In shared situations, the City will assign the responsibility of field maintenance (or any other commitment) to a specific organization unless both organizations agree to split the maintenance. The organizations must inform the City of the said agreement for administration purposes. 3 As a friendly reminder, the City will not process a request unless the timely receipt of all required submission materials. In a situation when the groups are unable to reach an amicable solution, the City will decide the field allocation. The City advises organizations may not be guaranteed the identical field(s) every year.

Field Maintenance Standards
Public Works will mow the Athletic Fields to a playable height once every 1-2 weeks as needed during the growth season (dependent on the weather, staffing and equipment availability). Under request, Public Works can drag the infields at the start of the Spring season.

Additional maintenance is the responsibility of the user group during peak usage, including but not limited to routine cleaning of the restrooms, collection & cleanup of all litter and garbage generated, emptying of all refuse containers into the appropriate provided dumpsters, evaluating the playing surface prior to use for potential safety issues, locking all buildings and gates, and filling any gopher holes (Public Works will provide a pile of clean dirt at each field for spot treating gopher holes etc.).

Any questions regarding care and maintenance of the fields should be directed to Public Works before performing unusual maintenance methods. Under no circumstances are renters or league organizations to mow, trim or apply turf treatment without the permission of Public Works.

Reservation Cancellations, Changes and Modifications
It is the responsibility of the permitted organization to notify the City Clerk immediately when an approved date is no longer needed. Cancellations must be submitted to the City Clerk at least ten business days in advance of the scheduled use date to be entitled to a refund. If cancellation is received less than ten business days before the reservation, fees will be forfeited.

If it rains on the date of reservation, a full refund will be available. It is the permittee’s responsibility to request a refund from the City for any reserved dates which are rained out or closed. Refunds will be issued in the same form of payment, except cash payments, they will receive a City issued check. Refund requests must be received within ten business days following the last reservation date.

Changes to reservations including location, date or time, must be made in writing, submitted and received by the City Clerk at least ten business days in advance of the scheduled use date. The City does not guarantee field availability for requested changes.

Insurance Liability
A valid insurance certificate may be required for use of any City Field. The insurance certificate must afford two million dollars ($2,000,000.00) of general liability coverage per occurrence and four million dollars $4,000,000.00) aggregate and contain the following information:
• General liability coverage (property and bodily injury) as evidenced by an insurance certificate with an Additional Insured Endorsement naming the City of Willits where applicable.

Sexual abuse and molestation coverage is required for all rentals that have oversite and supervision of minors. Coverage limits need to be at least $1,000,000 per occurrence or $2,000,000 aggregate and listed.

Use of fields will not be permitted unless the City receives a valid insurance certificate.

General Rules & Regulations
All City of Willits Municipal Codes/Regulations apply to all City maintained fields. 4 1. Field users are required to observe all City Park regulations.

2. The City is not responsible for accidents, injury, illness or loss of group or individual property.

3. Field use and activity is limited to the times and dates indicated on the approval. Any changes are subject to availability and approval by the City.

4. The City reserves the right to require copies of documentation, including but not limited to, game and practice schedules at any time during the duration of an approval and take other measures to verify that fields are being used as permitted.

5. The City has the right to assign staff to supervise the rental.

6. Non-reserved fields/areas may be used by anyone on a drop-in basis.

7. Approvals cannot be transferred or assigned to any other person, group or organization for any reason.

8. Users must pick up and remove any trash generated by their activity, including items from participants and spectators.

9. Good Neighbor Policy - Complaints from surrounding neighborhood residents as to the permittee’s activity noise level, litter and debris, and/or disregard of parking regulations may lead to the cancellation of the approval or reservation and the denial of facility use in the future.

10. The misuse of City facilities or the failure to conform to facility regulations, established policies (including the Field Closed Policy) and procedures or any other Federal, State, or local law, rule, regulation or ordinance shall be sufficient grounds for the immediate revocation of the approval and/or the denial of any future applications. No refund will be granted.

11. The City reserves the right to cancel an approved reservation due to maintenance needs, overuse of the facility, unsafe conditions, or due to a conflict with a City event. In these cases, all attempts will be made to provide a minimum of ten (10) business days advanced notice and to provide an alternate location for the group’s scheduled practice, game or activity. In the event of an emergency, when only short or no notice can be provided, groups must cooperate with the request to not use the facility or risk loss of current approval and denial of future use. If there are no alternate facilities available, a full refund will be given.

12. No person shall use an athletic field when closed either for excess rainfall or for field maintenance or any other reason.

13. All dogs must be on a leash and owners must clean up after their dogs.

14. Alcohol prohibited on the field.

15. Food vendors are not allowed in City Parks or in City Park parking lots without approval from City Clerk and may require additional documentation and fees.

16. Smoking is prohibited in all public parks.

17. Athletic fields may be lined by permission only.

18. Gambling is prohibited at all City properties.

Field Use Rules
Your cooperation is needed to preserve the turf on City fields by following these rules:

1. Field use, especially sports practices, should be conducted in a manner so that play will take place on different sections of the turf, thus reducing excessive turf wear and damage to any one area. Rotate use of areas (e.g. use middle of turf area for drills one day and sides of the field the following day), and when possible, stay off the fringe or bare areas to limit erosion and further damage.

2. Follow pre- and post-use prep instructions posted at the sites. Leagues are expected to use equipment and materials provided for that purpose and located at each field in a storage shed.

3. City personnel has the final approval regarding the playability of the field due to adverse weather conditions and/or severe field conditions. These determinations/decisions are not negotiable.

4. Use of any equipment must be stated on the application and in the Special Request section. Remove all equipment after use each day. No equipment shall be allowed to be left unattended on City property without prior written approval of the City.
5 5. Do not overcrowd fields by scheduling multiple games in reserved areas. Allow a safe distance between fields for safe passage of spectators and participants.

6. Report hazards on City property to the City Clerk.

7. Report maintenance and hazard emergencies (e.g., broken water lines, gushing sprinkler heads, restroom facilities, etc.) promptly to Willits Police Department at 707.459.6122 who will inform the appropriate personnel. When you make the call be prepared to fully identify yourself, your location and the specific nature of the emergency or hazard.

8. Groups witnessing misuse of fields by other scheduled or unscheduled users are encouraged to contact Willits Police Department at 707.459.6122. It is the authorized entity’s responsibility to be sure that all coaches and parents understand and enforce this policy.

9. City personnel has the authority to close fields due to unsafe field conditions.

Use of Special Equipment and Field Lining
When submitting a request for a field approval please indicate the type of equipment (portable toilets, shade structures, tables, chairs, soccer goals, cones, inflatables or specialized equipment, etc.) that will be used for your event and the location of where it will be placed on the field. If you are planning to line the field, please include the layout of the field, dimensions and how it will be lined per location.

Athletic fields may be lined by approval only. Water soluble spray paint is the only permitted means of lining a field. No fields are permitted to be lined by means of Round Up, or other herbicide, which can permanently burn lines into the field.

Turf Recovery and Field Closures
City maintained sports fields receive a great deal of play throughout the year, and Public Works strive to maintain them in a safe, usable and attractive condition. To that end, most fields are closed every winter from December through January and temporarily throughout the year as weather and/or site conditions dictate. Limiting field use by seasonal/temporary field closures or restricting permitting is one component of a comprehensive turf management program. An organization that has already received a field assignment can contact Public Works to obtain approval to start preparation activities for their approaching season. The approval is at the discretion of Public Works.

You may call the City Clerk to determine the status of fields and to report any conditions that may need attention. Field conditions are monitored daily by City staff throughout the year.

Requests for Storage and Modifications to City Facilities Organizations making special requests (e. g. requests for storage space or placement of storage buildings, improvements and/or modifications of any kind to City facilities, etc.) shall make all special requests in writing. Please contact the City Clerk for further details about making a request. The City retains full discretion to impose requirements and conditions on any such request, which may include but are not limited to insurance and indemnification.

Use and Care of Storage at City Facilities
For those groups who have been approved for use of City and group installed storage at City facilities, the following rules will apply.

1. User group shall not store any items outside of designated storage areas. User group shall not keep or store any hazardous materials or any article or item that would be considered hazardous by a responsible insurance company.

2. User group shall not create a nuisance or unreasonably interfere with the use of the park or with the comfort and safety of any person in the park or adjacent property. 6 3. User group shall make no alterations to City facilities without prior consent of City. If the City approves the alteration, all subsequent maintenance of the alteration becomes the responsibility of the user group.

4. User group is responsible for any damage to City property that occurs during user group’s use of City facilities. City is not responsible for any loss or damage due to fire, theft, pests, water, wind, earthquake, or any cause whatsoever to the property of user group, nor is City required to carry any insurance to cover same.

5. City has the right to enter the facility at any time without notice to user group to inspect, make repairs or for any other reason deemed necessary by City.

6. If keys are issued to the user group for access to City facilities, the following rules will apply. • Keys will be provided for specific date range and keys must be returned to City by deadline otherwise future approvals will not be issued.
• User group will be charged for any lost keys and costs to re-key facilities because of lost keys if deemed necessary by City staff.
• Damaged keys will be replaced by City when damaged keys are returned to City. If the damaged key is not returned to the City, it will be considered lost.

I ________________________________, have read and fully understand and agree to the Terms (Print Name)
and Conditions of the Athletic Field Use Policy.
_______________________________________ _______________________ Signature of Applicant Date
_______________________________________ _______________________ City Manager or Designee Date

DESIGNATED ATHLETIC FIELDS

CITY OF WILLITS
MAIN
SOCCER
FIELD

BASEBALL

DIAMOND
#1
OTHER
FIELD
#3

BASEBALL

DIAMOND
#2
OTHER
FIELD
#1
OTHER
FIELD
#2
Rev: 3/16/2023

ATHLETIC FIELD USE APPLICATION
Athletic Field: Baseball Diamond #1 ☐ #2 ☐ Main Soccer Field ☐ Other Field #1 ☐ #2 ☐ #3 ☐ Date(s) of Use: _________________________________________ Facility Used For: ___________________________________________________________________________________ Organization or Individual Name: _______________________________ President / Chairman: ______________________ Mailing Address _________________________________________________ Telephone#: ________________________ City/State/Zip: __________________________________________________ Fax Number: ________________________ Janitorial/Cleaning Service – Provided By: _______________________________________________________________ As the individual, group, or organization applying for permission to use the City Athletic Fields, it is hereby agreed that I/We shall comply with each of the Rules, Regulations and Rental Rates for the use of the Athletic Fields as established by the Willits City Council, a copy of which is furnished with this permit.

Printed Name: _________________________________ Date:____________________ Telephone:___________________ Fees
Facility Willits Nonprofit Resident Non-Resident
Main Soccer Field $25 three-month season $30 three-month season $50 three-month season Baseball Diamond One $25 three-month season $30 three-month season $50 three-month season Baseball Diamond Two $25 three-month season $30 three-month season $50 three-month season All Other Fields $15 three-month season $20 three-month season $25 three-month season **FOR DEPARTMENT USE ONLY
Charges to be paid in advance: Rental Fee $____________________ Security/Cleaning Deposit $____________________ ☐ - Profit ☐ - Non-Profit (please attach proof of non-profit exempt status) Required Insurance Documents on File: ______________________________________________________ City Clerk Date
Approved: ______________________________________________ Denied: ___________________________________ City Manager or Designee Date City Manager or Designee Date ************************************************************************************************** **FOR DEPARTMENT USE ONLY
Facility Use Fees $_____________ Date Paid: ______________ CK #: _______________ Cleaning Deposit $_____________ Date Paid: ______________ CK #: _______________ Less Damages $_____________ (See attached itemized list) Refund Due $_____________ Walk-Through Inspection Before __________/__________ Walk-Through Inspection After __________ / __________
111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
Gateway to the Redwoods
Rev: 3/16/2023

INSURANCE REQUIREMENTS FOR CITY FACILITIES
The City of Willits, its employees, officers and volunteers are not responsible for and shall be held harmless and fully indemnified by the user for any claims arising out of accidents, personal injury, damage to or loss of personal property, or wrongful death that occur during or result partially or entirely from use of City Facilities. The indemnification provided by this paragraph shall cover all acts whether negligent, grossly negligent or intentional.

The City shall be allowed to select legal counsel and be reimbursed for legal costs for any matter covered by this paragraph. Proof of liability insurance naming the City of Willits as Additional Insured must be submitted to the City prior to the commencement of any function.

A valid insurance certificate may be required for use of any City Field. The insurance certificate must afford one million dollars ($1,000,000.00) of general liability coverage per occurrence and two million dollars ($2,000,000.00) aggregate and contain the following information:
• General liability coverage (property and bodily injury) as evidenced by an insurance certificate with an Additional Insured Endorsement naming the City of Willits where applicable.

Use of fields will not be permitted unless the City receives a valid insurance certificate.

Resolution No. 2023- April 12, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO IMPLEMENT AN ATHLETIC FIELD USE POLICY.

WHEREAS, the City of Willits encourages the use of City owned and maintained athletic facilities by athletic associations, community groups, and other organizations that provide recreational opportunities for residents of Willits and surrounding communities; and WHEREAS, the City of Willits currently does not have a policy regarding the reservation of athletic fields maintained by the City; and
WHEREAS, the lack of a policy has become problematic with the increase of youth sports in the community; and
WHEREAS, the popularity of youth sports increased the demand on City maintained fields resulting in scheduling conflicts among various organizations; and WHEREAS, staff presented the initial Policy draft at the February 22nd City Council meeting when the Council instructed staff to meet with representatives of athletic organizations to discuss their concerns with the Policy; and
WHEREAS, at the March 22nd City Council accepted public testimony and instructed staff to meet with organizations to address their concerns; and WHEREAS, the revised Policy incorporates the discussed revisions and other slight changes, and
WHEREAS, the attached Athletic Field Use Policy establishes criteria and process for user groups and organizations to reserve athletic fields in a systemic manner; and NOW, THEREFORE, the City Council of the City of Willits accepts the attached Athletic Field Use Policy and authorizes City staff to implement the Policy starting on April 12, 2023.

AYES:

NOES:

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

DELORES PEDERSEN
City Clerk
Item No. 9a
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Karen Stevenson, Human Resources Manager
Agenda Title: APPROVE A NEW DESCRIPTION FOR A CONTRACT ADMINISTRATIVE SPECIALIST FOR PLACEMENT IN THE SERVICES AND FACILITIES DEPARTMENT, EFFECTIVE APRIL 13, 2023.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 Minutes Summary of Request: To approve the description for a Contract Administrative Specialist. This position assists with a wide variety of contracting duties including drafting contracts, Request for Proposals, Request for Quotes, task orders, work requests, and preparing front end bidding documents and coordination of bidding activities (advertisement, assist with front end specifications, distribution of addenda, compilation and review of bid contracts). The position also ensures all legal, insurance and bonding requirements are met prior to contract execution; maintaining the contract monitoring log and filing system; working with the Department Head to administer active contracts; and provide full range of administrative support and duties for the Services and Facilities Department.

The Salary Class & Designation for a Contract Administrative Specialist is 65J; Salary Range: $52,619.67 – $63,959.54; FLSA Status: Non-Exempt.

Recommended Action: Approve the Contract Administrative Specialist description.

Alternative(s): None recommended.

Fiscal Impact: Increase to budget of $9,852.75 loaded wage.

Personnel Impact: None, position will be filled internally. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #3 under Administration…the need to 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.

CITY OF WILLITS CLASSIFICATION AND COMPENSATION SCHEDULE Effective April 13, 2023
SALARY SCHEDULE CLASSIFICATION BARGAINING UNIT Step 1 Step 5

EXECUTIVE MANAGEMENT TEAM
City Manager Contract Executive Team At-Will
City Attorney Contract Executive Team At-Will
Chief of Police Contract Executive Team At-Will $ 134,109.04 $ 167,636.43 Assistant City Manager Executive Team Unrepresented $ 129,882.61 $ 144,704.03 Finance Director/City Treasurer Executive Team Unrepresented $ 123,920.42 $ 150,625.93 Services and Facilities Director Executive Team Unrepresented $ 118,492.92 $ 148,115.89 Community Development Director Executive Team Unrepresented $ 115,338.08 $ 144,172.60

MID-MANAGEMENT
Human Resources Manager Mid-Management Unrepresented $ 89,039.47 $ 111,299.37 Building Official Mid-Management Unrepresented $ 84,517.55 $ 105,646.71 Project Manager II Mid-Management Unrepresented $ 76,456.90 $ 95,571.19 Public Works Superintendent Mid-Management Unrepresented $ 73,144.24 $ 91,430.30 City Clerk Mid-Management Unrepresented $ 68,433.57 $ 90,978.42

ADMINISTRATIVE
Sr. City Planner 80J Classified Unrepresented $ 76,525.35 $ 93,017.04 City Planner 76J Classified Unrepresented $ 69,251.64 $ 84,175.80 Community Development Specilaist 73A Classified Unrepresented $ 62,825.97 $ 76,365.35 Code Compliance Officer 70J Mid-Management Unrepresented $ 59,616.60 $ 72,464.34 Contract Administrative Specialist 65J Classified Unrepresented $ 52,619.67 $ 63,959.54 Accountant 61G Classified Unrepresented $ 47,262.83 $ 57,448.26 Office Assistant III 59C Classified Unrepresented $ 44,513.79 $ 54,106.79 Water Billing Meter Reader 58D Classified Unrepresented $ 43,524.63 $ 52,904.46 Student Intern (High School) 16/Hr. Temporary N/A
POLICE DEPARTMENT Step 1 Step 7
Police Sergeant w/Advanced POST 83C Public Safety WPOA (Sworn) $ 75,253.06 $ 100,846.70 Police Sergeant 81C Public Safety WPOA (Sworn) $ 71,587.39 $ 95,933.95 Police Officer II 72J Public Safety WPOA (Sworn) $ 58,187.93 $ 77,977.39 Police Officer, I (Entry Level) 70J Public Safety WPOA (Sworn) $ 55,353.52 $ 74,179.02 Police Recruit $30.00/Hr. Temporary NA
Administrative Services Coordinator 72D Public Safety WPOA (Non-Sworn) $ 57,322.70 $ 76,817.89 Dispatch Center Supervisor 69E Public Safety WPOA (Non-Sworn) $ 53,318.70 $ 71,452.16 Community Services Officer II 64H Public Safety WPOA (Non-Sworn) $ 47,414.77 $ 63,540.32 Dispatcher II 62J Public Safety WPOA (Non-Sworn) $ 45,330.94 $ 60,747.80 Dispatcher 60J Public Safety WPOA (Non-Sworn) $ 43,122.82 $ 57,788.70 Part-time Dispatcher $29.00/Hr. Public Safety NA
(Annual, unless otherwise noted)
$176,018
$150-$200 hour

CITY OF WILLITS CLASSIFICATION AND COMPENSATION SCHEDULE Effective April 13, 2023
SALARY SCHEDULE CLASSIFICATION BARGAINING UNIT Step 1 Step 5

PUBLIC WORKS, ENGINEERING, WATER, & WASTEWATER
Public Works Maintenance Foreman 69A Classified IBEW $ 56,854.38 $ 69,106.85 Construction Specialist 61C Classified IBEW $ 46,793.14 $ 56,877.35 Public Works Maintenance Worker II 58D Classified IBEW $ 43,524.63 $ 52,904.46 Public Works Maintenance Worker I 54J Classified IBEW $ 39,982.15 $ 48,598.56 Chief Water Operator (Lead Operator) 75A Classified IBEW $ 66,043.00 $ 80,275.68 Water Operator III 68G Classified IBEW $ 56,289.37 $ 68,420.08 Water Operator II 61C Classified IBEW $ 46,793.14 $ 56,877.35 Water Operator I 58D Classified IBEW $ 43,524.63 $ 52,904.46 Water Operator- In Training 52J Classified IBEW $ 38,034.57 $ 46,231.26 Utility Meter Reader 61C Classified IBEW $ 46,793.14 $ 56,877.35 Chief Wastewater Operator (Lead Operator) 75A Classified IBEW $ 66,043.00 $ 80,275.68 Wastewater Operator III 68G Classified IBEW $ 56,289.37 $ 68,420.08 Wastewater Operator II 61C Classified IBEW $ 46,793.14 $ 56,877.35 Wastewater Operator I 58D Classified IBEW $ 43,524.63 $ 52,904.46 Wastewater Operator- In Training 52J Classified IBEW $ 38,034.57 $ 46,231.26

MUNICIPAL POOL
Pool Manager $20.00/Hr. Seasonal N/A
Assistant Pool Manager $18.00/Hr. Seasonal N/A
Pool Office Assistant $16.00/Hr. Seasonal N/A
Swim Instructor II $16.50/Hr. Seasonal N/A
Swim Instructor I $16.00/Hr. Seasonal N/A
Lifeguard II $16.50/Hr. Seasonal N/A
Lifeguard I $16.00/Hr. Seasonal N/A
Resolution No. 2023- Page 1 of 1 April 12, 2023
RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING A

CONTRACT ADMINISTRATIVE SPECIALIST 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 Contract Administrative Specialist; 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 and shown on Attachment A, which is attached hereto.

The above and foregoing Resolution was introduced by Councilmember XXXX seconded by Councilmember XXXX, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 12th day of April 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. 9b
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Davey Bowles, Building Official
Agenda Title: RECOGNIZE THE ADOPTION AND USE OF THE REVISED FLOOD HAZARD

DETERMINATIONS, INCLUDING REVISED FLOOD INSURANCE RATE MAP (FIRM) AND FLOOD

INSURANCE STUDY (FIS) REPORT FOR MENDOCINO COUNTY, CALIFORNIA AND

INCORPORATED AREAS, PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THAT IS IN EFFECT AS OF SEPTEMBER 1, 2022.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 mins Summary of Request: The City received Preliminary and Revised Preliminary copies of the revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for Mendocino County and incorporated areas. After a 90-day statutory period these flood hazard determinations became final with an effective date of September 1, 2022. With the City of Willits Municipal Code (WMC) 17.38.020 having an auto adopt language that adopts all subsequent amendments and/or revisions, these provisions were automatically included in the WMC on September 1st. Adoption of the revised (current) FIRM’s and FIS report is required for the City to remain qualified for participation in the National Flood Insurance Program (NFIP). The City has received final copies of the revised FIRM’S and FIS report and is currently enforcing the revised flood hazard determinations.

Recommended Action: Adopt the accompanying Resolution to recognize the adoption and use of the revised FIRM’s and FIS Report. With its adoption, advise the Community Development Department to place a copy of the signed Resolution in the City’s Floodplain Management Program file for review by FEMA and/or state staff during the next Community Assistance Visit.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: None.
2021 Adopted Goals: The request conforms with the recommendation listed as Goal #1, Policy #1.4 under Public Works…Complete update to Flood Control Plan. [Specifically - Adopt the revised Flood Insurance Study (FIS) and Flood Insurance Rating Panels (FIRMs).] 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 _________ Resolution No. 2023-__ Page 1 of 1 April 12, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS RECOGNIZING THE

ADOPTION AND USE OF THE REVISED FLOOD INSURANCE RATE MAP (FIRM) AND

FLOOD INSURANCE STUDY (FIS) REPORT FOR MENDOCINO COUNTY, CALIFORNIA AND

INCORPORATED AREAS PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) THAT IS IN EFFECT AS OF SEPTEMBER 1, 2022.

WHEREAS, on January 14, 2021, FEMA provided the City of Willits with Preliminary and Revised Preliminary copies of the revised Flood Insurance Rate Map and Flood Insurance Study report for Mendocino County, California and Incorporated Areas; and WHEREAS, on March 1, 2022, FEMA notified the City of Willits of the final flood hazard determination for Mendocino County, California and Incorporated Areas would become effective on September 1, 2022; and
WHEREAS, City of Willits Municipal Code 17.38.020 states “The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "flood insurance study (FIS) for the city of Willits, with accompanying flood insurance rate maps (FIRM's) and flood boundary and floodway maps (FBFM's), dated July 19, 1982 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter.”; and
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby recognize the adoption and use of the revised Flood insurance Rate Map and Flood Insurance Study report for Mendocino County, California and Incorporated Areas dated September 1, 2022.

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 day of , 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. 9c
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley – Community Development Director
Agenda Title: DISCUSSION TO ADOPT A RESOLUTION: 1) AUTHORIZING APPLICATION FOR AND

RECEIPT OF THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM FUNDS TO BEAUTIFY AND IMPROVE EXISTING PARKS, LOCAL STREETS, AND PATHWAYS; PROVIDE COMMUNITY CLEANUP AND DUMP DAY EVENTS; AND 2) UPON APPROVAL FROM THE STATE, AMENDING THE FISCAL YEAR 2023-24 BUDGET.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 Mins Summary of Request: Staff is requesting City Council approval of the accompanying Resolution authorizing the City Manager to apply for funding under the Clean California Local Grant Program. The amount of grant funding being requested will be determined through cost proposal estimates calculated by a licensed engineer and will not exceed $3 million per application. A single application requesting funds for multiple locations will be submitted to be used to beautify and improve existing parks, local streets, and pathways; it would include multiple community cleanup and dump days. The attached map (Attachment A) illustrates the six project areas.

Recommended Action: 1) Adopt the accompanying Resolution authorizing application for and receipt of the Clean California Local Grant Program Funds to beautify and improve existing parks, local streets, and pathways; provide multiple community cleanup and dump day events.

Areas identified for infrastructure improvement program funding include:

1. Recreation Grove Park,

2. Babcock Park,

3. Bud Snider/City Park,

4. Public parking lot (Main Street) – Potential kiosk (wayfinding) sign location,

5. Oak/Main Street intersection – Potential banner sign location, and

6. Main/Commercial Street intersection – Potential pedestrian street lighting locations (ending at E.

Valley St. and Madden Ln.).
2) Amend the Fiscal Year 2023-24 Budget by increasing both budgeted revenues and budgeted expenditures in the General Fund, assigned to the Community Development Department, contingent upon the State's approval of the application.

Alternative(s): Staff proposes two alternatives: (1) City Council may choose not to apply for the grant funds; or (2) Direct staff to apply for the grant funds for alternative projects or locations that would meet grant funding eligibility requirements.

Fiscal Impact: The State Grant will provide funding for the direct costs associated with these activities and will reduce the General Fund obligation towards these efforts. Staff time associated with managing the projects and completing grant reporting will be calculated when the project cost proposal estimates are calculated by a licensed engineer.

Personnel Impact: Staff time required to manage, administer, and implement the grant-funded project will be determined when the project cost proposal estimates are calculated by a licensed engineer. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #2 Under Public Works…Increase public use of facilities over the next three years to foster civic pride, improve health, and support recreation efforts for greater involvement in local government, dependent on financing.

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 _________ City of Willits
Areas Identified for Infrastructure
Imrovement Program Funding
Infrastructure Improvement Locations:

Legend:
*Map not to scale*
1) Recreation Grove Park
2) Babcock Park
3) Bud Snider/City Park
4) Public Parking Lot (Kiosk)
5) Oak/Main Street Intersection (Banner Sign)
6) Main/Commercial Street Intersection (Street Lights)
Location List:
1 2
3 4
Location: #
5 6
Clean California Local Grants Program
ATTACHMENT A:
1 RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING

APPLICATION FOR AND RECEIPT OF THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM FUNDS.

WHEREAS, the California Department of Transportation (Caltrans) has issued a Call for Projects dated February 14, 2023, for its Clean California Local Grant Program Cycle 2 Application (CCLGP); and
WHEREAS, the City Council of the City of Willits desires to submit a project application for the CCLGP to beautify and improve existing parks, local streets, and pathways, provide community cleanup and dump day events as described in the CCLGP Program Guidelines released by Caltrans; and
WHEREAS, the Department (Caltrans) is authorized to provide up to $100 million in funds to award under the Clean California Local Grant Program; and WHEREAS, staff presented park and recreation facility improvement draft ideas at the March 29th Land Use Element Update meeting, when staff participated in the Open House and met with members of the public to discuss their concerns with the Policy; and NOW, THEREFORE, the City Council of the City of Willits accepts this Resolution as follows, authorizing application for and receipt of the Clean California Local Grant Program:
1) Authorizes the City Manager to apply for and submit to the Department the 2023 Clean California Local Grant Program application released February 14, 2023, in an amount not to exceed $3 million; and
2) In connection with the CCLGP grant, if the application is approved by the Department, it authorizes the City Manager to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for an amount not to exceed $3 million, and any and all other documents required or deemed necessary or appropriate to evidence and secure the CCLGP grant, the City’s obligations related thereto, and all amendments thereto (collectively, the “CCLGP Grant Documents”); and
3) Agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants Call for Projects, the Grant Program Guidelines, and the 2023 Planning Grants Program Application. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the CCLGP Guidelines, and any applicable CCLGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the Standard Agreement; and 4) Authorizes the City Manager to execute the City of Willits CCLGP application, the CCLGP Grant Documents, and any amendments thereto, on behalf of the City as required by the Department for receipt of the CCLGP Grant. 5) Amends the Fiscal Year 2023-24 Budget by increasing both budgeted revenues and budgeted expenditures in the General Fund within the Community Development Department, contingent upon the State's approval of the CCLGP application.
2 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, 12th day of April 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. 9d
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Scott Herman, Public Works Director
Agenda Title: DISCUSSION OF THE EXISTING CITY OF WILLITS SIDEWALK MUNICIPAL CODE AND CONSIDERATION OF POTENTIAL UPDATES.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 Min.

Summary of Request: The purpose of this agenda item is to provide Council with a summary of the existing ordinance and how it impacts property owners. Staff is also taking the opportunity to describe the effort to update the ordinance.

Per current Willits Municipal Code and the California Streets & Highways Code, maintenance of the sidewalk is the adjacent property owner’s responsibility.

California Streets and Highways Code 5610- Maintenance of Sidewalks “The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public…” Sidewalks are in disrepair throughout the City and the current ordinance needs to be modernized and clarified to give the City the tools to bring sidewalks into a state of good repair within a reasonable timeframe so as not to allow sidewalks to continue to degrade at a faster rate than upgrades occur.

The existing Municipal Code requires sidewalk repairs to be completed by the adjacent property owner if construction is deemed to be a “structural alteration.”: (Chapter 12.16 – Sidewalks, Curbs, and Gutters – Construction and Repair) Section 12.16.100 – Determination of major structural alterations, additions, or repairs. Existing regulations define “structural additions, alterations and repairs” to mean any construction which shall:

A) Exceed 25% of the value of the structure being constructed, altered, or repaired; or B) Cost $10,000.00 or more; or
C) Result in the addition to, or modification or repair to 300 square feet of building area; or D) Whichever of the above definitions is less.

Section 12.16.070 – Construction requirement – Designated: “It is unlawful to construct, make structural additions, alterations or repairs to any structure, without placing concrete curbs, gutters and sidewalks along the front, sides or back of the property so improved which adjoins a city street or fronts on an alley.”
These two sections of the Willits Municipal Code were last updated in 1989. While some of the provisions triggering upgrades to sidewalk are still relevant, i.e. 12.16.100, Subsections (A) & (C), the trigger point of $10,000 is outdated and needs to be adjusted for inflation. These triggers alone do not provide the City with the authority to request repair of noncompliant sidewalk. Staff has researched other communities’ ordinances for examples of other triggers that the City can implement to facilitate the needed upgrades. The goal of this effort is to protect the safety of the public and assist property owners with bringing sidewalk adjacent to their property into compliance.

For consideration and discussion, the following provisions are examples of potential tools that other communities have implemented to trigger upgrades at a more consistent rate than building upgrades alone have provided:
1) Standards triggering sidewalk repairs - (Building Permit Fee & or Sidewalk Condition). 2) Financial responsibility for different types of repair costs - (Paid by Property Owner or City) -(Some municipalities support a 50/50 cost share program). 3) Noticing/repair timeframe - (Noticing deadlines for City/property owner). 4) Repair work requirements - (Number of contractor bids from owner/City staff/ City contractor). 5) Inspection/enforcement and property liens.
6) Street trees - Process for working with the city (root cutting, sidewalk heaving etc.). Please note Staff is currently developing a street tree ordinance, that may address sidewalk repair issues created by street trees.
7) Point of Sale Ordinance/Renovations - City of Oakland: requires sidewalk repairs with $100,000+ renovations or prior to the close of escrow.
8) Establishing a sidewalk repair hardship program - City of Oakland/San Jose (includes repairs for qualifying low-income property owners).

To evaluate existing conditions, staff is coordinating with Precision Concrete Cutting, a contractor who works with REMIF aligned municipalities to conduct assessment of sidewalks and trip hazard removal.

The effort is to retain Precision Concrete Cutting to assess City owned facilities.

Staff will also place sidewalk maintenance and pedestrian enhancements topics on forthcoming agendas for the Transportation Ad Hoc Committee.

Recommended Action: This item is intended to provide information and to facilitate subsequent discussions of possible sidewalk maintenance programs (potential options listed above) the Council may want staff to explore before presenting them to the Council for your consideration.

Alternative(s): None.

Fiscal Impact: None
Personnel Impact: Some staff time is allocated to researching a drafting modification to the applicable ordinances and bring a proposed ordinance revision to the Council. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #1 under Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

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 _________ League of California Cities® 2014 Spring Conference
Renaissance Esmeralda, Indian Wells
But It’s Your Sidewalk! Sidewalk Repair
and Liability
Thursday, May 8, 2014 General Session; 2:15 – 4:15 p.m.

Gerald C. Hicks, Supervising Deputy City Attorney, Sacramento League of California Cities® 2014 Spring Conference
Renaissance Esmeralda, Indian Wells
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BUT IT’S YOUR SIDEWALK!
This paper and presentation arose out of a desire to create a comprehensive summary of the law concerning an adjacent property owner’s obligation to repair a defective sidewalk under Streets and Highways Code section 5610. This effort was motivated to address the numerous objections and threatened lawsuits from angry property owners upon receipt of a repair notice. The title was suggested by the oft heard property owners’ mantra and perspective. Research into the history of sidewalk repair for purposes of the paper led to research into the general history of sidewalks and research concerning repair naturally delved into research concerning the interplay between sidewalk repair and liability for unrepaired sidewalks. In sum, the paper and presentation deal with various issues concerning the most pedestrian of infrastructure – sidewalks. Because understanding some of the issues concerning sidewalk repair and liability may best be understood in a historical context, I begin with a brief history of sidewalks.

I
A Brief History of Sidewalks
Sidewalks, perhaps the most ubiquitous yet inconspicuous of critical infrastructure, have a long history.

The first evidence of paved pedestrian paths dates from ancient Greece and Rome.1 Sidewalks, as walkways separated from roads, disappeared during the Middle Ages. They reappeared during the seventeenth century when the first governmental acts calling for the paving of pedestrian paths were passed by Parliament a few years after the 1666 Great Fire of London, apparently as part of Christopher Wren’s rebuilding and organization of the City of London.

In the nineteenth century, sidewalks were often constructed by adjacent property owners and businesses and by the end of that century sidewalks had become an important aspect of urban 1 Loukaitou-Sideris and Ehrenfeucht, Sidewalks: Conflict and Negotiation over Public Space (2009) p. 15 infrastructure. Because sidewalks were often the only paved aspect of streets, they were the easiest place to walk, shop and carry out various economic and social activities. “In commercial areas, sidewalks extended the realm of adjacent shops; shopkeepers displayed their merchandise on sidewalks and stored deliveries and overstock on them as well. Street peddlers made a living outdoors while street speakers and newsboys conveyed information to passersby. Sidewalks were also a realm for social encounters where friends, acquaintances, and strangers mixed. The sidewalks were thus both a route and a destination; a way to move through the city, but also a place of commerce, social interaction, and civic engagement.”2
Sidewalks were also critical to the safety of a city and to establishing a sense of community.

As sidewalks became more prevalent, cities moved to standardize their dimensions and the material used to construct them. With standardization came a contraction of their use as cities focused on a singular purpose for sidewalks – to move people. As a result, many cities imposed sidewalk regulations with respect to the storage of material or products; public speaking; vending; and loitering. Jane Jacobs lamented the reduction in value and physical contraction of sidewalks in her 1961 book, The Death and Life of Great American Cities, “Sidewalk width is invariably sacrificed for vehicular width, partly because city sidewalks are conventionally considered to be purely space for pedestrian travel and access to buildings and go unrecognized and unrespected as the uniquely vital and irreplaceable organs of city safety, public life, and child rearing that they are.”3 In her book, Jacobs relates numerous examples of how a busy and vibrant sidewalk, even in the less affluent parts of a city, can decrease crime and promote social discourse.
2 Loukaitou-Sideris and Renia Ehrenfeucht, Vibrant Sidewalks in the United States: Reintegrating Walking and a Quintessential Social Realm (Access Magazine Spring 2010), p. 24 3 Jacobs, The Death and Life of Great American Cities (1961) In recent years, sidewalks have gained renewed respect as planners seek to restore their status as “public space” as opposed to a simple mode of transportation. The health benefits of walking are patent but have been extolled by the Surgeon General and numerous health professionals as a means to combat obesity, diabetes, and other diseases. In addition, as a result of concerns with climate change, energy conservation and congestion, transportation planners view sidewalks as an important component of sustainable and healthy communities and walking as an inexpensive and enjoyable activity that reduces congestion and conserves energy.4 II
Sidewalk repair
A. Approaches to Sidewalk Repair and Maintenance
Despite their long history and ubiquity, sidewalks are often overlooked as non-critical infrastructure.

While listing bridges, dams, levees, ports, rails and roads, the American Society of Civil Engineers’ Report Card for America’s Infrastructure does not mention sidewalks. While it is true that the catastrophic failure of a dam or bridge would undoubtedly have calamitous results, the cumulative injuries and consequent expenditure of municipal funds from the incremental decay of sidewalks can be equally substantial.

The legal and fiscal impact of broken or displaced sidewalks and the responsibility for their repair has been a constant, if inconspicuous, issue in many California cities for some time. The issue of repair responsibility has obvious legal implications: liability for the existence of a dangerous condition and the requirement to maintain an accessible sidewalk under the Americans with Disabilities Act and California 4 Loukaitou-Sideris and Renia Ehrenfeucht, Vibrant Sidewalks in the United States: Reintegrating Walking and a Quintessential Social Realm (Access Magazine Spring 2010); American Planning Association, The Importance of Sidewalks (The New Planner, Fall 2013)
disability access laws. The repair obligation also creates political difficulties - both for those cities which maintain an ordinance placing the repair obligation on property owners (and who consistently deal with surprised and disgruntled property owners) and those cities that have not enacted such an ordinance because of public opposition and which face a steady increase in damaged sidewalks and the potential liability arising from those sidewalks.

Los Angeles provides a singular example. In 1974, as a result of a grant of federal funds, Los Angeles passed an ordinance placing the obligation to repair sidewalks on the City. Since the federal funds dried up a few years later, the City has had difficulty enacting legislation to place the repair obligation back on the property owners. As of 2010, approximately 4,700 of the Los Angeles’ 11,000 linear miles of sidewalk (approximately 43%) were in disrepair. The City estimated spending between 4 and 6 million dollars in liability claims and the cost estimate to repair the sidewalks was between 1.2 and 1.5 billion dollars.5 Los Angeles has been considering repealing the 1974 ordinance to shift responsibility back to the homeowners. This effort has faced opposition from the homeowners and even unsuccessful efforts in the State Legislature to require a public vote prior to placing the obligation back on the homeowner.

Sacramento also experimented with assuming the repair obligation. From 1943 through mid-1973, the City’s policy was that property owners were responsible for the cost of all repairs except those caused by City street tree roots for which the City shared responsibility. In mid-1973, the City adopted a new policy making the City responsible for all sidewalk repairs. Not surprisingly, sidewalk repair requests increased substantially. In mid-1976, finding the existing policy unworkable, the City elected to adopt a policy making property owners responsible for all sidewalk repairs, including those repairs necessitated by damage caused by City street trees. Other cities have backed away from an ordinance placing the 5 Brasuell, Where the Sidewalk Ends … In a Tree Root-Related Lawsuit, (Oct. 20, 2011) <http://la.curbed.com/archives/2011/10/where_the_sidewalk_endsin_a_tree_rootrelated_lawsuit.php> obligation of sidewalk repair on the property owner after a public outcry. Those cities that do have sidewalk repair ordinances in place nonetheless face fairly consistent questions from the public as to the fairness and legality of asking a property owner to repair the “public” sidewalk.

California, like numerous states, has provisions allowing municipalities to impose a repair obligation for damaged sidewalks on adjacent property owners.6 Pursuant to these provisions, virtually every major United States city has a sidewalk repair program that places a repair obligation on adjacent property owners to varying degrees. For example, New York, Philadelphia, Phoenix and Cincinnati make the adjoining property owners fully responsible for adjacent sidewalks. Atlanta also makes the adjacent property owner responsible and just faced a public backlash for sending out a number of repair notices prompted by disability access pressures.
7 Chicago operates a “shared cost” responsibility program by limiting the repair cost to a set price per square foot and subsidizing any remainder. Washington D.C. is responsible for repairing the sidewalks but “permanent repairs” may be subject to “available funding.” California’s sidewalk repairs provisions are set forth in Streets and Highways Code sections 5600 et seq.

In 1935, Assembly Bill 1194 amended section 31 of the Improvement Act of 1911 to provide for the repair and maintenance of sidewalks, curbing, parking strips and retaining walls by adjacent property owners. Although the legislative history of Assembly Bill 1194 is no longer available, some possible context for the measure may be gleaned from the time period of its passage. In his Inaugural Address of January 8, 1935, California Governor Merriam, in speaking of the economic upheavals of the Great Depression, said:
6 See Schaefer v. Lenahan, 63 Cal.App.2d 324 327-328 (1944), and cases cited therein. Research into the statutes referenced in the twenty cited cases (a small and completely unscientific sample) revealed that the earliest enactment date was 1856, the latest was 1937 and the average enactment date was 1903. 7 http://archive.11alive.com/news/local/story.aspx?storyid=277146 (2/11/13) But as fondly as some may believe, and as earnestly as others may hope, government itself cannot indefinitely assume the responsibility for meeting all the demands of this depression and this emergency.
* * *
Of primary importance at this time, from the standpoint of an efficient administration of State functions, is the need for placing the government of California on a sound financial basis. This we must do without imposing intolerable taxes upon the people and without undertaking obligations not absolutely essential to the public service. As the first step in such a direction, we must adopt a program that will enable us to keep out expenditures below our income.

Assembly Member Lyons presented Assembly Bill 1194 a little over two weeks later. Though the Governor’s message does not explicitly reference an effort to place the sidewalk repair obligation on adjacent property owners, it is consistent with the tone and content of the Inaugural Address.

The primary provision requiring a property owner to repair a defective sidewalk is Streets and Highways Code section 5610.
§5610. Maintenance by lot owners
The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under alike duty in relation thereto.

Pursuant to the authority of section 5610, the majority of cities in California have passed ordinances imposing the obligation for sidewalk repair on adjacent property owners. However, there is some diversity as to the extent of the obligation and how it is imposed. Some cities, like Sacramento, impose the entire repair cost on the property owner regardless of the cause of any damage or displacement. Many cities exempt damage caused by city trees from the repair obligation. Another option followed by many cities is a 50/50 sharing of repair costs. 8 Some
cities, in addition to a general sidewalk repair program, have instituted a program which requires a defective sidewalk to be repaired upon the sale of the property. 9 This has the benefit
of allowing the cost of repair to be recovered or paid as part of the price of the property. One means of imposing such a requirement is to require that the escrow documents include a certificate of compliance with the sidewalk ordinance. In addition, some cities require the sidewalk to be repaired as a condition of the issuance of a building permit above a set value.

One issue often overlooked is the secondary obligation of section 5610. After setting forth the obligation of adjacent property owners to maintain the sidewalk “in such condition that the sidewalk will not endanger persons or property . . . [or] interfere with the public convenience,” section 5610 “except[s] . . . those conditions created or maintained in, upon, 8 This diversity appears to be present throughout the nation. A survey of 82 cities in 45 states found that 40 percent of the cities required property owners to pay the full cost of repairing sidewalks, 46 percent share the cost with property owners, and 13 percent pay the full cost of repair. Shoup, Fixing Broken Sidewalks (Access , No.36, Spring 2010) pp. 30-36 9 Both Pasadena and Piedmont have such programs in place. along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof , and such persons shall be under a like duty in relation thereto.” There are no reported cases interpreting or applying this language. The purpose appears to be to impose on utilities which maintain facilities (poles, guide wires, vaults, etc.) in or on the sidewalk, the same obligation as imposed on adjacent property owners. This is a somewhat different conceptual obligation than that imposed on adjacent property owners because the source of any defect or interference with the public convenience would be the utility facility, not the sidewalk itself. Potentially, the primary importance of this aspect of section 5610 would be with respect to accessibility issues. In many cities, utility entities maintain facilities, particularly poles, which reduce the sidewalk width below the required three feet of the California Building Code10 and the four feet required by the ADA draft Public Right-of-Way Guidelines. 11 B. Legal Issues Involving Sidewalk Maintenance Obligation One issue that adjacent property owners charged for sidewalk repairs often raise is whether the sidewalk repair obligation of section 5610 applies where the sidewalk is displaced or damaged due to trees located in the public right of way.
12 Though no statistics exist, tree roots are
10 Title 24 2013 California Building Code, section 11B-403.5.1 Clear Width – “Exception 3. The clear width for sidewalks and walks shall be 48 inches minimum. When, because of right of way restrictions, natural barriers or other exiting conditions, the enforcing agency determines that compliance with the 48-inch clear sidewalk width would create an unreasonable hardship, the clear width may be reduced to 36 inches.” 11 http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/proposedrights-of-way-guidelines - R302.3 – “Continuous Width. Except as provided in R302.3.1, the continuous clear width of pedestrian access routes shall be 1.2 m (4.0 ft.) minimum, exclusive of the width of the curb.” 12 The issue is one of substantial importance to the City of Sacramento - one of many cities claiming the moniker:
“City of Trees.” According to some estimates, as of 2005, Sacramento had more trees per capita than any city except Paris. Jason Margolis, California’s Capital Sees Big Benefits in More Trees (11/25/05) <http://www.npr.org/templates/story/story.php?storyId=5027514>. undoubtedly the predominate cause of damage to sidewalks.13 As noted above, many cities do not impose the sidewalk repair obligation on adjacent property owners where trees located in the right of way have damaged the sidewalk. Many do, including those with a 50/50 sharing program.

Though there is a great deal of visceral appeal to the argument that an adjacent property owner should not bear responsibility to repair a sidewalk caused by a tree in the right of way when the property owner has no control over the tree’s roots, the statutory language and the reported cases do not support this position.
14 Initially, it should be noted that section 5610 makes no distinction as to the cause of a damaged sidewalk in imposing a mandatory repair obligation on the adjacent property owner. Though not expressly addressing the issue, Jones v. Deeter (1984) 152 Cal.App.3d 798, supports the proposition that the adjacent property owner is responsible where damage is caused by a tree located in the rightof –way. In Jones, the plaintiff was injured when she tripped on a break in the sidewalk caused by a Magnolia tree located in the “parkway.” 15 The plaintiff brought suit against both the property owner and the city. The plaintiff appealed a judgment for the property owner. The Court, in affirming the judgment, held that while the property owner had a duty of repair, even though the sidewalk had been damaged by a tree in the right-of-way (parkway), liability could not be imposed against the property owner on this basis. “Under section 5610 the abutting owner bears the duty to repair defects in the 13 Randup, McPherson and Costello, A Review of Tree Root Conflicts with Sidewalk, Curbs and Roads, (Kluwer Academic Publishers) 2003 14 In Jordan v. City of Sacramento (2007) 148 Cal.App.4th 1487, at page 1492 footnote 2 , the court questioned the legality of imposing repair responsibility on property owners for damage caused by city trees and suggested the “City might wish to revisit its ordinance ...” 15 The Jones court defined “parkway” as the area “between the sidewalk and the public street.” Streets and Highways Code section 5600 defines “sidewalk” to include “a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.” This portion of the right of way is also sometimes referred to a as “mow strip.”
sidewalk, regardless of whether he has created these defects. It was felt, however, that it would be unfair for such an owner to be held liable to travelers injured as a result of sidewalk defects which were not of the owner’s making.” (Id. at 827, italics added.) Thus, the case highlights the absolute nature of the repair obligation (even when caused by trees located in the right-of-way) by contrasting it with the absence of any liability exposure unless the defect is caused by the owner. Putting aside the legal arguments, not all of the equities for imposing the cost of repair on adjacent property owners where damage is caused by a tree in the right of way are on the side of the property owner. While property owners may argue that they have no control over the direction of tree roots; neither does the city. In addition, city trees typically provide great benefits to homeowners and for many the presence of large trees is a factor in the purchase of their home. The trees are aesthetically pleasing and provide shade which cools the home and helps keep other vegetation alive. They also enhance the monetary value of the home. While obtaining these benefits, the homeowners do not incur the costs of maintaining the trees (such as watering, trimming or fertilizing) or suffer the potential of liability for injuries caused by the tree itself (falling limbs; low hanging branches; branches obscuring traffic signs or lights, etc.).

III
Sidewalk Liability
A. Tort Liability for Defective Sidewalks
Nine years after the passage of the predecessor to section 5610, the First Appellate District decided Schaefer v. Lenahan (1944) 63 Cal.App. 2d 324 . Florence Schaeffer stepped in a hole in the sidewalk in front of property owned by J.W. Lenahan. Lenahan was notified by the City and County of San Francisco to repair the sidewalk but did not do so. The common law rule was that, in the absence of statute, the owner or occupant of premises abutting a public street had no duty to repair the sidewalk and consequently, no liability to those injured as a result of a defective sidewalk. Schaefer argued that the predecessor to section 5610 (as it existed in 1944) imposed a duty of repair and a violation of that duty gave rise to a cause of action for those injured by a defective sidewalk. The court rejected the argument, finding that the “obvious purpose of the statute was to provide a means of reimbursing the city for the cost of the repairs.

To impose a wholly new duty upon the property owner in favor of third persons would require clear and unambiguous language.” (Id. at p. 332.)
The limitation on liability to third parties for a defective sidewalk is commonly referred to as the “Sidewalk Accident Decisions Doctrine.” (Contreras v. Anderson (1997) 59 Cal.App.4th 188, 195 fn.6.) As noted by Lenahan, a liability obligation may be imposed on property owners by “clear and ambiguous language.”
An ordinance with such language was approved by the Court in Gonzales v. San Jose (2004) 125 Cal.App.4th1127 . The San Jose ordinance approved by Gonzales provides that if an abutting property owner fails to maintain a sidewalk in a non-dangerous condition and any person suffers injuries as a result, the property owner is responsible to the person for the resulting damage and injury. (Gonzales, supra, 125 Cal.App.4th at p. 1134 citing San Jose Municipal Code §§

14.16.220 and 14.16.2205.) However, it is important to note the limits of sidewalk liability ordinances. Because municipal liability for torts is a matter of statewide concern, such liability “may not be regulated by local ordinances inconsistent with state law as established by the Tort Claims Act.” (City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894, 899-900 citing Societa per Azioni de Navigazione Italia v. City of Los Angeles (1982) 31 Cal.3d 446, 463.) This precludes a city from absolving itself of liability but does allow concurrent liability of adjacent property owners. Sidewalk liability ordinances “provide[] an additional level of responsibility for the maintenance of safe sidewalks on the owners whose property is adjacent to and abuts the sidewalk.” (Gonzales, supra at 1139.) “These owners are often in the best position to quickly identify and address potentially dangerous conditions that might occur on the sidewalks, as opposed to [the city].” (Id.) Moreover, as the Gonzales court noted, in order to fully protect its citizens, a city would have to have sidewalk inspectors circulating the city, day and night. (Id.) B. Liability for Defective or Narrowed Sidewalks under the ADA and California Disability Access Laws:

In 2002, in Barden v. City of Sacramento (9th Cir. 2002) 292 F.3d 1073, the Ninth Circuit, relying in large part on statutory and regulatory interpretation by the United States Department of Justice, determined that sidewalks constituted “programs” under the ADA. While the matter was pending in the United States Supreme Court on a writ of certiorari, the parties settled the case and conveyed this information to the Court. Certiorari was subsequently denied leaving the Ninth Circuit opinion intact. The legal effect of the decision was that because maintaining sidewalks was a “program” under the ADA and its implementing regulations, sidewalks needed to be made maintained to be immediately accessible. According to the United States Solicitor General, interpreted the holding and the Title II regulations to “require only that the City’s system of public sidewalks – when viewed “in its entirety” – be generally accessible to and usable by individuals with disabilities.”
16 Subsequent to the Barden decision, federal agencies, particularly the United States Access Board (the entity charged with creating public right of way guidelines) has taken the position in 16 Brief for the United States as Amicus Curiae of the United States Solicitor General in City of Sacramento, et al. v.

Barden, et al.(Filed May 2003).
numerous publications, that sidewalks are “facilities.”17 This is also the conclusion reached by the Fifth Circuit in Frame v. Arlington, 657 F.3d 215 (5th Cir. 2011 – cert denied 2012).

The drift from sidewalks as “programs” to sidewalks as “facilities” is notable. Under the ADA, “programs” must be made immediately accessible; conversely, “facilities” are subject to a new construction/alteration standard – in essence meaning that only newly constructed or altered sidewalks must be made “accessible.” This is also the framework adopted by the ADA draft Public Right of Way Guidelines. Though cities within the Ninth Circuit remain subject to the Barden decision, the Frame decision, as well as the position taken by federal agencies, may form the basis for a reexamination of the Barden decision.

Of course, it is important to recognize that California law has required that new constructed sidewalks, whether constructed using private or public funds, have been required to be accessible since 1971. (Government Code section 4450 and Health and Safety Code section 19956.5). Presumably, this has somewhat softened the impact of the 2003 Barden holding. 17 See e.g. United States Access Board, Proposed Rights-of-way Guideline, Part 1900. “The accessibility guidelines for pedestrian facilities in the public right-of-way are set forth in the appendix to this part.” < http://www.accessboard.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/proposed-rights-of-wayguidelines/part-1190-accessibility-guidelines-for-pedestrian-facilities-in-the-public-right-of-way> League of California Cities® 2014 Spring Conference
Renaissance Esmeralda, Indian Wells
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Item No. 9e
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Andrea Trincado, Project Manager
Agenda Title: ADOPT A RESOLUTION AUTHORIZING THE ADVERTISEMENT OF THE WEST MENDOCINO REHABILIATION PROJECT, PHASE I, PROJECT NO. 2023-03.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15:00 Summary of Request: West Mendocino Avenue is set as the next thoroughfare for a major rehabilitation project in the Capital Improvement Plan. The project is extensive as it includes drainage, pedestrian upgrades, minor sewer and water upgrades, and road resurfacing. To minimize impacts to the Brookside Elementary School and surrounding residential area, the project consists of phases over multiple years.

Phase One of the project will address drainage issues on West Mendocino Avenue, Exley Lane, and the northernmost end of Spruce Street. It is anticipated that the proposed drainage improvements will alleviate drainage problems on the western end of West Mendocino and the area surrounding the school.

Last fall, the City contracted with Tall Tree Engineering to conduct a drainage study of the area. The study recommended improvements to ensure pipes and structures were sized with sufficient capacity to handle significant storm events. The City then contracted with Tall Tree Engineering to design the project and prepare plans and specifications for bidding. The proposed improvements include: the installation of 655 feet of new 18-inch, high density polyethylene (HDPE) storm drain pipe and structures on West Mendocino Avenue, Spruce Street, Easy Street, and Camp Lane; replacing 495 feet of 18-inch HDPE pipe on West Mendocino and Exley Lane; replacing 275 square feet of sidewalk, curb, and gutter; installing 115 feet of 24- inch wide concrete valley gutter; removal of three culverts, two drop inlets and 595 feet of existing corrugated metal storm drain pipe (CMP); minor grading to realign approximately 15 feet of channel embankment; removal of a rock-lined channel, filling 155 square feet of roadway shoulder; and installation of a concrete wingwall.

The proposed improvement at the western end of West Mendocino will redirect a significant amount of storm water to a rehabilitated drainage system on Exley. The storm water collects in a rock lined drainage channel that intersects West Mendocino at Meadowood. The channel will be realigned to a new concrete wingwall that will collect and convey storm water to a new 18-inch HDPE storm drainpipe, which will carry drainage down Exley Lane to an existing reinforced concrete pipe with an outfall into Mill Creek. This segment of the project will install four manholes, one inlet, and remove and replace 495 feet of existing CMP pipe along West Mendocino and Exley, abandon 100 feet of existing CMP and install new 18-inch HDPE and junction along a new alignment to tie into an existing reinforced concrete pipe that terminates at Mill Creek.

The next segment of the project will install new 18-inch HDPE pipe on West Mendocino Avenue between Easy and Spruce Streets. This will extend the underground storm drain system up West Mendocino to collect stormwater that is currently surface flowing between these two streets. This portion of the project will install three cub inlets on West Mendocino, two combination inlets on Easy Street, install a new manhole at the intersection of West Mendocino and Easy Street, and replace the manhole at West Mendocino and Spruce Street. This section of West Mendocino often experiences a surcharging of surface water in the curb and gutter. Extending the drainage up to Easy and collecting storm water upstream will reduce the chance of this occurring.

The last segment of this project will upgrade drainage collection and conveyance at the entrance of Brookside Elementary School. Two curb inlets will be installed, along with 65 feet of new 18-inch HDPE pipe at the corner of Spruce and Camp Lane to collect surface flow from the two streets and convey it to the drainage system that runs along the east side of the school to its eventual outflow to Mill Creek.

This First Phase of the West Mendocino Project is expected to address the major drainage issues in the vicinity of West Mendocino and Brookside School. The engineer’s estimate for this phase of the project is $633,643. The plans and specifications are currently being finalized. Since construction is planned for summer and the preparation of plans and specifications are on an expedited timeframe to allow the maximum amount time for bidding and construction during the school’s summer break, staff is requesting authorization to advertise this project once the plans are finalized. Staff will bring the final plans and specifications forward at the time of award for approval by Council.

Attached is an overview of the project for Council review.

Recommended Action: Adopt the accompanying Resolution authorizing advertisement of the West Mendocino Rehabilitation Project, Project No. 2023-03.

Alternative(s): None.

Fiscal Impact: Between FY 21/22 and 22/23, budgets encumbered $700,000 toward the West Mendocino Rehabilitation Project to date. An additional $500,000 is budgeted for FY23/24. Staff anticipates construction to begin in June. Sufficient funds are budgeted to cover the cost of construction of this project. An additional $1,000,000 is budgeted in FY 24/25 to pay for the proposed surface improvements in the next phase of the West Mendocino Rehabilitation Project.

Personnel Impact: A moderate amount of staff time will be allocated to this project over the coming months to administer the bid and the award of the project.
2021 Adopted Goals: The request conforms with the recommendation listed as Goal #1 under Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities, and streets capable of managing future growth while responding to current City needs.

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CITY OF WILLITS
WEST MENDOCINO AVE.

REHABILITATION PROJECT
PHASE l - DRAINAGE

OVERVIEW
Resolution No. 2023-__ Page 1 of 2 April 12, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING

ADVERTISEMENT OF THE WEST MENDOCINO REHABILIATION PROJECT, PHASE I, PROJECT NO. 2023-03.

WHEREAS, West Mendocino Avenue needs a major rehabilitation, including improvements to drainage, pedestrian pathways, minor sewer and water upgrades, and road resurfacing; and
WHEREAS, the West Mendocino Rehabilitation Project is the next major transportation project in the Capital Improvement Plan; and
WHEREAS, due to the size of the overall project, the project has been broken up into multiple phases, which will reduce the construction schedule so it does not impact the school year and it will minimize impacts to the nearby residents; and WHEREAS, the First Phase of the project will address the most pressing issue in the area by improving the drainage system on West Mendocino Avenue, Exley Lane, Spruce Street, and Camp Lane; and
WHEREAS, the City contracted with Tall Tree Engineering to conduct a drainage study and develop plans and specifications for the first phase of the project; and WHEREAS, the proposed improvements include: proposed improvements include: the installation 655 feet of new 18-inch, high density polyethylene (HDPE) storm drain pipe and structures on West Mendocino Avenue, Spruce Street, Easy Street, and Camp Lane; replacing 495 feet of 18-inch, HDPE pipe on West Mendocino and Exley Lane; replacing 275 square feet of sidewalk, curb, and gutter; installing 115 feet of 24-inch, wide concrete valley gutter; removal of three culverts, two drop inlets and 595 feet of existing corrugated metal storm drain pipe (CMP); minor grading to realign approximately 15 feet of channel embankment; removal of a rock-lined channel, filling 155 square feet of roadway shoulder; and installation of a concrete wingwall; and WHEREAS, plans and specifications are being finalized and, in the interest of time, staff is requesting authorization to advertise as soon as plans are considered final; and WHEREAS, Staff is anticipating advertisement to begin the week of April 24th; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits authorizes advertisement of the West Mendocino Rehabilitation Project, Phase I, Project No. 2023-03 when the plans are deemed final.

AYES:

NOES:

ABSENT:

Resolution No. 2023-__ Page 2 of 2 April 12, 2023
ATTEST:
__________________________
__________________________
GRETA KANNE, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk
Item No. 9f
Meeting Date: April 12, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director
Agenda Title: RECEIVE REPORT ESTABLISHING THE MEASURE K ADVISORY COMMITTEE AS STATED BY MUNICIPAL CODE SECTION 3.32.140 IN ORDINANCE 2020-03.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 Mins Summary of Request: On July 29, 2020, the City Council Approved Ordinance No. 2020-03 amending the City Municipal Code and providing for a local transaction and use tax to be voted on by the citizens of Willits. On November 3rd, the voters of Willits approved the Measure K ¾ cent sales tax for essential services for the City of Willits. Additionally, on January 11, 2023, City Council adopted a resolution authorizing staff to facilitate the selection of the citizen members of the Measure K Committee.

On March 29, 2023, the Finance Committee reviewed candidate applications for the Measure K Citizen Oversight Committee as directed by the ordinance. The Finance Committee selected the following three individuals: (1) Richard Weinkle; (2) Richard Willoughby; and (3) Arnold Mello.

The Council needs to confirm the appointment of these three individuals.

Staff would like to thank all other community members that have applied for the positions.

Recommended Action: Approve a resolution selecting the three candidates for the Measure K Committee.

Alternative(s): N/A
Fiscal Impact: None
Personnel Impact: Staff time required to manage, administer, and implement the standing committee. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #1, Policy #1.4 under Administration…Provide the community with annual report on the use of increasing revenues related to Measure K, cannabis revenues and tourism revenues (annual City reporting).

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 _________ Resolution No. 2023-XX Page 1 of 1 April 12, 2023
RESOLUTION NO. 2023-XX

RESOLUTION TO APPROVE THE APPOINTMENT OF CITIZEN CANDIDATES FOR THE

MEASURE K ADVISORY COMMITTEE AS STATED BY MUNICIPAL CODE SECTION

3.32.140 IN ORDINANCE 2020-03.

WHEREAS, on July 29, 2020, subject to voter approval, the Willits City Council Approved Ordinance No. 2020-03 amending the City Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the City of Willits had a growing structural deficit in its budget due to increased costs in various expenditures due to pension liability, insurance, acquisition of Main Street from Caltrans due to the completion of the bypass, and the need to enact infrastructure improvements to various parks streets and other buildings; and WHEREAS, the citizens approved a ¾ cent sales tax for essential services, including law enforcement and maintenance of streets, sports fields and facilities; and WHEREAS, the Ordinance directs staff to facilitate the appointment of An Oversight Committee by City Council and to adopt a Resolution establishing the composition, responsibilities and reporting requirements of the Committee; and WHEREAS, staff composed Committee Guidelines and Responsibilities establishing the number of citizen members, the role of the Committee, expectations of the membership, goals of the Committee and the template of the agenda; and
WHEREAS, the Finance Committee reviewed the submitted applications and selected three members.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits that the Council agrees to the selected Measure K Committee applicants Richard Weinkle, Richard Willoughby, and Arnold Mello as its members according to the Ordinance established by the enactment of Measure K Oversight Committee in the Municipal Code.

The above and foregoing Resolution was introduced by Councilmember XXX seconded by Councilmember XXX, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 12th day of April 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

DELORES PEDERSEN
City Clerk

Willits City CouncilApril 12, 2023

Willits City Council
April 12, 2023