Agenda — Willits City Council, May 10, 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
MAY 10, 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 – Recognizing May 14-20, 2023, as National Police Week. b. Update from Third District County Supervisor John Haschak.

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. April 26, 2023.

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

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

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Art in Public Spaces Committee appointments.
b. Approve a New Position for Capital Improvement Project (CIP) Administrator for Placement in the Newly Configured Services & Facilities Department and Approve a Budget Revision to Include the Position and Job Title, Effective May 11, 2023.

Willits City Council Agenda – May 10, 2023.

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c. Receive Staff Comments and Consider Introducing by Title Only and Waiving the First Reading of an Ordinance Repealing and Replacing Chapter 8.24 of the City of Willits Municipal Code with Chapter 8.26 Regarding Licensure of Tobacco Retailers. d. Transfer of Funds from Park Fund 450 to an Expenditure Account for the Purpose of Making Necessary Repairs to Damage Infrastructure at the Rodeo Grounds and Recreation Grove Properties. [General discussion relating to the repair project. Kenan O’Shea, Public Works Superintendent will present the transfer request.]
e. Verbal Reports – No Action.
i. Rodeo Grounds facilities update – Paired with Agenda Item #8d.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. 2022 General Plan Annual Progress Report.

Presenting staff member: Taylor Perry, City Planner.
b. City of Willits General Plan Land Use Element Update Presentation by Planwest Partners, Inc.

Presenting staff member: Dusty Duley, Community Development Director. c. Increase Appropriations to Facilitate the Transfer of Funds to Cover the Costs of the Airport Security Fence Project Totaling in The Amount Of $42,000.

Presenting staff member: Kenan O’Shea, Public Works Superintendent. d. Discussion and Possible Action to Introduce and Waive the First Reading of Inclusion of County Ordinance, Title 10 Regulating Animal Control into the Willits Municipal Code (the Action Repeals Chapter 6.10 of the Willits Municipal Code).

Presenting staff member: Fabian Lizarraga, Police Chief.

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

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None.

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

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

Dated this 5th day of May 2023.

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

Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM. 3a
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, APRIL 26, 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; Dusty Duley, Community Development Director; Kenan O’Shea, Public Works Superintendent; Andrea Trincado, Project Manager; Fabian Lizarraga, Police Chief; Rod Wilburn, Contract Engineer; and Delores Pedersen, City Clerk.

2. Public Communications
None presented.

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

Little Lake Fire District Chief Carter was unable to attend, the department report is available in the agenda packet.
b. Willits Chamber of Commerce Update, presented by Chamber Coordinator Susan Mahoney.  First email to members when out in March 2023, summarizing membership status and upcoming events. There are monthly newsletters, to members, in the works.  The first Chamber Mixer was sponsored by the Willits Rotary and was held April 14, 2023, at Willits Furniture Center. There are plans to hold Chamber Mixers every month throughout the year; Ms. Mahoney invited those interested in sponsoring a Mixer to give her a call to have them scheduled. The next Mixer is scheduled for May 18, 2023, sponsored by the Willits Lions Club at the Scout Hut in Recreation Grove Park. The June mixer is being sponsored by Sparetime Supply; date to be determined.  Plans for the 41st Annual Car Show, on May 28th, are well underway, entry forms and vendor applications have been mailed. Trophy sponsors commitments have been secured. Advertisements for the Car Show have been posted on Visit California and Visit Mendocino event portals, Facebook, Instagram, the Chamber Website, and the Chamber has reached out to the other Chambers in the area and publications.  The Willits Chamber is working to emphasize the Buy Local theme to help strengthen the local economy. Strategies include possibly having a brown bag lunch meeting to discuss concerns and strategies, a roundtable lunch with twelve to fifteen business owners with a city representative to keep the business community informed of major city matters. The Chamber is revisiting the Local First Program.

Willits City Council Minutes of April 26, 2023 Page 2 of 5  There has been a significant increase in requests to help promote events. Community event organizers are encouraged to contact the Chamber for any support they may provide.
c. Sonoma Clean Power Presentation
Leif Christiansen, Commercial Accounts Manager of Sonoma Clean Power presented a PowerPoint presentation on Sonoma Clean Powers program EverGreen.

Public Comment: Donna Cash asked if the Care Program is available to Sonoma Clean Power customers. Mr. Christiansen stated that the Care Program is available to both Sonoma Clean Power and Pacific Gas & Electric (PG&E) Customers.

Councilmember Strong asked to have the EverGreen Program placed on a future agenda for discussion and consideration of upgrading City Hall to the EverGreen program.

Councilmember Rodriguez supported this request.

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 Rodriguez/Seconded by Gonzalez 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 – March 2023.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations+
a. Adopt a Resolution Approving a Professional Services Agreement with Armstrong Consultants for Professional Planning and Engineering Services for the Willits Municipal Airport.

Mike Dikun, Western Territory Manager and Dave Dietz, Senior Planner for Armstrong Consultants gave a background statement of Armstrong Consultants.

Public Comment: None presented.

Moved By Rodriguez/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-28 approving a Professional Services Agreement with Armstrong Consultants, Inc. for Professional Planning and Engineering Services for the Willits Municipal Airport (028) and authorize the City Manager to Execute the Agreement.
b. Verbal Reports
 City Manager Bender gave an update on the Willits Frontier Days grounds repairs.

Willits City Council Minutes of April 26, 2023 Page 3 of 5 Portable restrooms are in the process of being secured. Demolition of the roof on the Margarita Shack is set to begin May 1, 2023, then installation of the temporary roof will begin once demolition is complete.

Councilmember Rodrigues requested that when an update is given on the Frontier Days grounds repair to please mention who is financially supporting the repair.

She expressed the concerns that the community has had regarding the repairs being paid for by Willits Frontier Days and Taxpayers.

 City Manager Bender recognized that today was Administrative Professionals Day.

Public Comment: None presented.

9. Department Recommendations (Action Items)
a. Adopt Resolution Awarding a Contract to Superior Tank Company, Inc., to Design, Fabricate, and Install a 250,000-Gallon Contact Tank for the Groundwater Resiliency Improvement Project, Phase II, for a not to Exceed Amount of $319,986 and Authorize the City Manager to Execute Contract Documents and Approve Change Orders for up to 10-Percent of the Total Contract Amount.

Presenting staff member: Andrea Trincado, Project Manager.

Public Comment: Tamara Alaniz is grateful the council is moving forward with this project.

Moved by Gonzalez/Seconded by Stranske and carried unanimously to adopt Resolution No. 2023-29 awarding a contract to Superior Tank Company, Inc., to Design, Fabricate, and Install a 250,000-Gallon Contact Tank for the Groundwater Resiliency Improvement Project, Phase II, for a not to exceed amount of $319,986 and authorize the City Manager to execute contract documents and approve change orders for up to 10-percent of the total contract amount.

10. Department Monthly Reports
a. Airport – No further comments.
b. Community Development Department
 The Caltrans sign coordinator informed the city that there will be an estimate and plan for installation of the downtown Willits signage.
 Plans to bring the Flood Emergency Response Plan to council on May 24, 2023.  Update to the Land Use Element coming to the council meeting on May 10, 2023.  There is a follow up interview with a Code Compliance Officer on April 27, 2023.  Actively recruiting a Senior City Planner.
c. Engineering
 West Mendocino Project plans and specifications are currently under review.

Anticipating it to go out to bid the week of May 1, 2023.  The City Hall roof project with BAS Roofing fell through. The Engineering Department turned around an informal bid and are planning a bid opening on May 3, 2023. They expect to have another award of contract at the May 10, 2023, City Council Meeting.
 Annual Report for groundwater coming forward during the May 24, 2023, City Council Meeting.
 The technical issues with the groundwater monitors that were reported on in the Department reports, has been repaired and they are once again operational.  Request for Proposals (RFP) for City Hall Solar Project going out April 27, 2023.

Willits City Council Minutes of April 26, 2023 Page 4 of 5 d. Finance
 Next Finance Committee meeting is scheduled for May 17, 2023. e. Police Department – No further comments.
 Sargent Brady is doing reserve work for the Willits Police Department, his first task is the National Night Out on August 1, 2023.
f. Public Works
 Bittenbender steel waterline was replaced.
 Irrigation at the City Facilities and Parks has started.  Working with Engineering to purchase a tow behind variable message board, goal is to purchase one during this fiscal year and to budget for a second one next fiscal year.
g. Utilities – No further comments.

No action taken.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Mendocino Solid Waste Management Authority (MSWMA) - Approved contract with Ukiah Waste Inc., who will run the hazmat operation and a contract with the City of Ukiah, to administer and manage the Contract with Ukiah Waste Inc. City of Ukiah will report directly to MSWMA.

Councilmember Rodriguez
 Requested to have the list of various City meetings added to the city website calendar.
 Mendocino Transit Authority (MTA) - Willits has the only two electric buses in the fleet, MTA is looking to add 4 more in February and March of 2024, two for Fort Bragg and two for Ukiah. Jacob King, Executive Director, received unanimous support from the MTA Board in his performance review. The MTA Board has concerns about the Unmet Needs Study that Mendocino Council of Governments had done. Their concerns are about where the funds are going to come from to meet the needs in the study.

Councilmember Gonzalez
 League of California Cities/Redwood Empire Division – Meets May 12, 2023.  Local Agency Formation Commission (LAFCo) – Meets May 1, 2023.

Mayor Kanne
 Mendocino Council of Governments (MCOG) – Meets May 1, 2023.  Mendocino County Museum – Held an emergency meeting to approve the strategic planning document and approve a letter to the Board of Supervisors to request the transfer of the Bittenbender Endowment to the Community Foundation.

Public Comment: None presented.

No action taken.

12. Good & Welfare
None presented.

13. Closed Session Notice
No Closed Session items presented at tonight’s meeting.

Willits City Council Minutes of April 26, 2023 Page 5 of 5

14. Adjournment
Mayor Kanne declared the meeting adjourned at 8:04 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 7173 James Wilson Services James Wilson 2250 Blackhawk Dr Willits, CA 95490 4/13/2023 Firewood Services
7174 Brandon Services Adrian Brandon Alanso 201 School St #C Willits, CA 95490 4/13/2023 Business Services
7175 Johnson Electric and Alarms Bradley Johnson 520 W Mendocino ave Willits, CA 95490 4/20/2023 Electrition
7176 Heart Bar Construction Russell Tye 1696 East Hill Rd Willits, CA 95490 4/28/2023 Contractor
7177 101 Burger Thy Sumvan 100 N Main St Willits, CA
95490 4/28/2023 Restaurant
New Business License - April 2023
6a
Item No. 8a
Meeting Date: May 10, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Kenan O’Shea, Public Works Superintendent (In conjunction with City Managers report) Agenda Title: TRANSFER OF FUNDS FROM PARK FUND 450 TO AN EXPENDITURE ACCOUNT FOR

THE PURPOSE OF MAKING NECESSARY REPAIRS TO DAMAGED INFRASTRUCTURE AT THE RODEO GROUNDS AND RECREATION GROVE PROPERTIES.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes Summary of Request: The Public Works Maintenance Department is requesting a transfer of funds from the Park Fund Account Fund 450 to an expenditure account in to pay for necessary repairs at the Rodeo Grounds and Recreation Grove properties caused by an oak tree downed during a December 28th storm.

The repairs consist of a temporary roof on the concession stand (a.k.a. margarita shed), repairs to the center portion of the bleachers, and the placement of portable restrooms/wash stations.

Recommended Action: Transfer funds from Park Fund Account Fund 450 to the expense project in Fund 400 to allow for payment of services, materials, and labor related to the restoration of the affected facilities totaling an estimated $58,000.

Alternative(s): None.

Fiscal Impact: Funds transferred from Park Fund Account Fund 450 to the expense project in Fund 400 to cover the costs associated with repairs to the Rodeo Ground. Staff is coordinating with REMIF and its claim adjustor to obtain reimbursement through our facility coverages. Staff also presented the expenses to FEMA for their review and consideration since the damage occurred within the period of the designated federal/state emergency declaration. If either reimbursement method is successful, staff will return the received funds back to their original accounts.

Personnel Impact: Minimal as most of this undertaking consists of routine administrative tasks for the Finance Department.
2021 Adopted Goals: The Goals do not cover this topic.

Resolution No. 2023-__ Page 1 of 1 May 10, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING CREATION

OF AN EXPENDATURE ACCOUNT TO COVER SERVICES, MATERIALS, RENTALS, AND

LABOR RELATED TO THE COSTS OF RESTORING THE FACILITIES DAMAGED AT THE RECREATION GROVE AND RODEO GROUNDS BY A FALLEN TREE IN A DECEMBER 27TH STORM EVENT.

WHEREAS, an oak tree fell and damaged the restrooms, concession stand, the bleachers, and a section of fencing at the Rodeo Grounds and Recreation Grove properties during a December 27th storm event; and
WHEREAS, the City owns these properties and facilities; and WHEREAS, is working to repair these affected structures and provide temporary facilities to enable the Willits Frontier Days to hold their annual Fourth of July events; and WHEREAS, the approved Fiscal Year 2022-2023 Budget did not contain funds to cover the expenses associated with these services, materials, rentals and labor; and WHEREAS, staff seeks approval by the City Council to transfer $58,000 to an expenditure account to cover the costs of the described projects with the expectation of reimbursement by insurance.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby authorize and directs staff to increase appropriations to enable the transfer of Funding from Park Fund Account Fund 450 and the expenditures of $58,000 to fund repairs to the bleachers and damaged fence.

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 10th day of May 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.8b
Meeting Date: May 10, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: APPOINT JUDY FISCH, MARGARET GUHDE, and GARY MARTIN TO THE ART IN PUBLIC SPACES COMMITTEE.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 min Summary of Request: The City Manager presents three individuals for the City Council to appoint to the Art in Public Spaces Committee (ASPC). On May 25, 2022, the Council reviewed and approved the Public Art and Donation Policy to establish a process for the Council to consider proposals to accept donated artwork for placement on City properties/facilities. The said Policy contained a provision requiring the Committee to review and provide a recommendation for the Council’s benefit when considering an art installation. The following language is from Sections #5.0 & 6.0 from the Policy relating to the Selection/Acceptance Process:

When reviewing works of art for possible loan or donation to the City, the City shall determine whether:
a. The artwork:

1. Is thought provoking, memorable or enduring and reflects the diverse social, cultural, or historic values of the City;

2. Is appropriate for the proposed location in terms of scale, form, design or historical character of site and the preservation and integration of natural features;

3. Is publicly accessible, particularly with respect to handicapped areas;

4. Can be properly installed, placed to be seen, and displayed with patron safety in mind;

5. Can be displayed in such a manner to prevent theft and vandalism;

6. Is not government endorsement of religion in violation of the Establishment Clause of the Federal and State Constitutions;

7. Would not, when displayed, create a hostile work environment for public employees; and

8. Does not depict graphic violence or overt sexual activity. b. The City has a history of receiving examples of this type of object or the objects by a particular artist in a particular style.
c. The City has the facilities and operational resources necessary to display the artwork, knowing that the City has limited facilities and resources.
d. The person wishing to loan or donate the artwork to the City is prepared to execute a contract or other document which, in the estimation of the City Manager and City Attorney, protects and serves the fiscal and other interests of the City.
e. The artist who created the artwork that will be loaned or donated to the City is prepared to execute a waiver of their rights under California Art Preservation Act (Civil Code 987 and 989), the Visual Artist Rights Act (17 U.S.C. 106A, 113), and other applicable state and federal laws. f. There are any environmental impacts, such as noise, sound, light, or impacts on adjacent property owner’s views.

6.0 RECOMMENDATION TO COUNCIL
The APSC will consider each complete Public Art Application and make a recommendation to the City Council for action.

The APSC shall prepare a written report, which recommends whether the artwork should be accepted for donation or loan and displayed. The report shall include:
a. Title, artist medium, dimensions, and intended location of the artwork; b. The origin/source of the artwork;
c. Slide(s) and/or photograph(s) of the artwork;
d. Report on the condition of the artwork;
e. Estimated value of the artwork;
f. Comments gathered during the public comment period when the Public Art Application is posted on the City website and available at City Hall for viewing; and
g. Whether the artwork will be donated or loaned to the City and the term of the proposed loan.

The offer to donate or loan artwork may be withdrawn at any time up until execution of an agreement between the City and the donor(s) or lender(s).

The City Council shall consider the report and recommendation of the APSC, in accordance with the requirements of this policy, and determine whether the artwork will be accepted for loan or donation and displayed. Any approved or accepted donation or loan shall be memorialized in an agreement with the donor or lender, as applicable, in a form approved by the City Manager and City Attorney, which shall include any required artist waivers in the event the donor or lender is not the artist of the artwork.

Staff published an advertisement in the April 6th and 13th editions of the Willits Weekly calling for interested individuals to serve on the Committee. Judy Fisch, Margaret Guhde, and Gary Martin submitted applications expressing a willingness to serve on the Committee (please see the attached applications). Staff notes Mr.

Martin is not a City resident, however the Committee does not have a residency requirement. Notwithstanding, Mr. Martin is a prominent member of the arts community in the state and his comments regarding possible installations would prove invaluable.

Recommended Action: Appoint Judy Fisch, Margaret Guhde, and Gary Martin to the Art in Public Spaces Committee.

Alternative(s): None recommended.

Fiscal Impact: None.

Personnel Impact: Staff time to support the Committee.
2021 Adopted Goals: This item supports Task # 3…Compose a public art installation policy with supporting guidelines under Goal #3.2 for Community Development…Work with partners to promote program focused on bringing visitors to the City.

Resolution No. 2023-__ Page 1 of 1 May 10, 2023
RESOLUTION NO. 2023-

APPOINT JUDY FISCH, MARGARET GUHDE, AND GARY MARTIN TO THE ART IN PUBLIC SPACES COMMITTEE.

WHEREAS, the City Council on May 25, 2022, reviewed and approved the Public Art and Donation Policy to establish a process to consider donations of artwork for placement at City properties/facilities; and
WHEREAS, the Public Art and Donation Policy contains a provision for an Art in Public Spaces Committee with the responsibility to review donation proposals and provide a recommendation to the City Council; and
WHEREAS, the Art in Public Spaces Committee requires the appointment of three individuals by the City Council; and
WHEREAS, staff published an advertisement in the April 6th and 13th editions of the Willits Weekly calling for interested individuals to serve on the Committee; and WHEREAS, Judy Fisch, Margaret Guhde, and Gary Martin submitted applications expressing aspirations to serve on the Committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits appoints Judy Fisch, Margaret Guhde, and Gary Martin to the Art in Public Spaces Committee.

AYES:

NOES:

ABSENT:

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

DELORES PEDERSEN
City Clerk
Item No. 8c
Meeting Date: May 10, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: APPROVE A NEW POSITION FOR CAPITAL IMPROVEMENT PROJECT (CIP)

ADMINISTRATOR FOR PLACEMENT IN THE NEWLY CONFIGURED SERVICES & FACILITIES

DEPARTMENT AND APPROVE A BUDGET REVISION TO INCLUDE THE POSITION AND JOB TITLE, EFFECTIVE MAY 11, 2023.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: The City Manager seeks the City Council to review and approve the description for the Capital Improvement Project (CIP) Administrator and the supporting Budget amendment.

This position takes a lead role in planning, organizing, and administering the implementation of capital improvement projects (CIPs). CIPs include water and wastewater infrastructure, drainage, roadway, and pedestrian improvement projects. Evaluates and provides recommendations to the Services & Facilities Director and City Engineer for changes that impact the scope, budget, or schedule of a project. Provides data for technical components of grant preparation and administration. Evaluates proposals and provides recommendations for selection. Manages consultants’ performance and budgets. Develops guidelines, policies, ordinances, and procedures pertaining to project management, infrastructure, and facilities.

Monitors project schedules and budgets to ensure timely and cost-effective completion. Develops Requests for Proposals (RFPs) for engineering projects and services. Prepares staff reports and presents findings at public meetings.

The Salary Class & Designation for a CIP Administrator is MCIP; Salary Range: $84,102.59 – $105,128.27; FLSA Status: Exempt.

Recommended Action: Approve the CIP Administrator position and the supporting budget revision.

Alternative(s): None recommended.

Fiscal Impact:

Personnel Impact: The plan is to fill the position 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.

Page 1 of 3 ends

Job Description – CIP Administrator
Salary Class & Designation: M-CIP
FLSA Status: Exempt
Employment Status: Classified
Reports to: Services & Facilities Director
Position Summary:

This position takes a lead role in planning, organizing, and administering the implementation of capital improvement projects (CIPs). CIPs include water and wastewater infrastructure, drainage, roadway, and pedestrian improvement projects. Evaluates and provides recommendations to the Services & Facilities Director and City Engineer for changes that substantially impact the scope, budget, or schedule of a project. Provides data for technical components of grant preparation and administration. Evaluates proposals and provides recommendations for selection. Manages consultants’ performance and budgets. Develops guidelines, policies, ordinances and procedures pertaining to project management, infrastructure, and facilities. Monitors project schedules and budgets to ensure timely and cost-effective completion. Develops Requests for Proposals (RFPs) for engineering projects and services. Prepares staff reports and presents findings at public meetings.

Typical Duties and Responsibilities:

These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor allencompassing of the duties to be performed under this job title. • Develops plans, specifications, and cost estimates for capital improvement projects. • Oversees bid management and contract award.
• Provides assistance to the public by providing information related to capital improvement projects.
• Prepares long-range plans in coordination with other City Departments and other public agencies; develops policies and procedures for establishing costs, schedule controls and coordinating activities.
• Communicates technical and analytical information in a manner that is understandable and useful to decision makers and the public.
• Evaluates policy questions from City decision makers, complying with necessary timelines, levels of effort, and approaches to analysis that are sensitive to the context of the policy question.
• Coordinates with the Program Superintendents to scope projects and identify budgetary resources to ensure they can effectively complete their assignments. • Recognizes the need of consultants, vendors, contractors, and City staff. • Prepares requests for proposals, competitive sealed bids, requests for qualifications, or other solicitation packages and related documents, negotiates and coordinates with the Contract Administrative Specialist with contracts and project participants and service providers. • Advises the Services & Facilities Director of measures to resolve conflicts in a timely manner satisfying project needs, and in keeping with budgetary constraints and established schedules.

Revised 04.07.23

Page 2 of 3 ends

• Negotiates change orders in conjunction with the Services & Facilities Director and City Engineer.
• Collaborates with other City staff in gathering financial and management information, including program objectives, costs, revenue sources, and performance measures. • Participates in Departmental budget preparation and administration. • Coordinates activities with other City Departments and the City Attorney. • Prepares, reviews, and presents staff reports and resolutions for City Council as needed. • Performs duties as assigned.

Materials, Equipment and Tools:

Computer terminal, keyboard, adding machine, telephone, copier, FAX machine, and printer, vehicle, and survey equipment including total station and level.

Desirable Skills, Knowledge and Abilities:

Knowledge of:
• Fundamentals of civil engineering, project management, and public administration • Proven organizational, planning, and analytical skills. • Knowledge of City standards, State standards, and best management practices. • Nomenclature, symbols, methods, practices, techniques, and instruments used in engineering and mapping.
• Surveying equipment, principles, problems, techniques and practices. • Mathematics, including algebra, geometry and trigonometry. • Construction equipment, materials and methods.
• Methods and equipment used in the testing of construction materials. • Proficient in Geographic Information Systems and AutoCAD.

Ability to:
• Plan complex projects through all phases of development. Identify project components and develop a plan for their completion in a timely and cost effective manner. • Review plans and documents for conformance to regulations. • Analyze complex data, research options, and develop recommendations for project related activities.
• Listen to and support the evaluation and/or implementation of recommendations as defined by the Services and Facilities Director.
• Gather data and make accurate engineering computations. • Prepare plans and specifications neatly and accurately. • Prepare and maintain accurate records and reports.
• Understand, carry out, and give oral and written directions. • Establish and maintain cooperative relationships with those contacted in the course of work.
• Manage consultants and contractors to accomplish project objectives efficiently. • Communicate project objectives effectively through writing and in oral presentations. • Work in extreme weather conditions.
• Utilize various engineering and word processing related computer software. • Develop operational and construction project budgets. • Interpret, implement, explain, and apply applicable laws, codes, regulations, standards, policies and procedures.

Revised 04.07.23

Page 3 of 3 ends

Experience and Education: Expected education and experience:
• Experience: Technical proficiency in civil engineering, community development, facility management, construction practices, and project management to demonstrate possession of the knowledge and abilities listed above for the section where the position is being filled;
• Three years experience as Project Manager, Engineering Tech III, or equivalent. • Education: Bachelor’s degree in business, public administration, or a related field. A master’s degree in public administration or a related field is preferred. • A certificate of completion from an accredited Civil Engineering or Construction Management program or other related technical program may be substituted for a portion of the experience requirement.
• The successful demonstration of municipal project instigation and implementation.

Necessary Special Requirements: Possession of a valid Class C or higher California driver’s license.

Physical Requirements: Frequent walking, standing, writing, bending, reaching, sitting in office chair, keyboarding and visual contact with computer terminal; occasional lifting of items weighing less than 35 pounds, reaching and lifting above shoulders, carrying boxes of materials for short distances, driving motor vehicle.

CITY OF WILLITS CLASSIFICATION AND COMPENSATION SCHEDULE - In Use Effective May 11, 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/Code Enforcement Officer Mid-Management Unrepresented $ 84,517.55 $ 105,646.71 CIP Administrator Mid-Management Unrepresented $ 84,102.59 $ 105,128.27 Public Works Superintendent Mid-Management Unrepresented $ 73,144.24 $ 91,430.30 City Clerk Mid-Management Unrepresented $ 68,433.57 $ 90,978.42

ADMINISTRATIVE
City Planner 73A Classified Unrepresented $ 62,825.97 $ 76,365.35 Community Development Specilaist 73A Classified Unrepresented $ 62,825.97 $ 76,365.35 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 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 III 74J Public Safety WPOA (Sworn) $ 61,167.47 $ 81,970.26 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)
$167,637
$150-$200 hour
CITY OF WILLITS CLASSIFICATION AND COMPENSATION SCHEDULE - In Use Effective May 11, 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 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
FY 21/22 FY 22/23
Building Inspector /
Code - Enforcement
Officer
$3,903.25 $4,147.43 $4,391.40 $4,635.36 $4,879.33
$4,258.45 $4,524.85 $4,791.02 $5,057.18 $5,323.35
Building Official $5,959.07 $6,331.51 $6,703.95 $7,077.13 $7,448.83 $6,501.35 $6,907.68 $7,314.01 $7,721.15 $8,126.67 Chief of Police $9,455.62 $10,049.37 $10,637.58 $11,228.56 $11,819.53 $10,316.08 $10,963.86 $11,605.60 $12,250.36 $12,895.11 Community
Development Director $8,132.14 $8,640.42 $9,148.65 $9,656.92 $10,165.17 $8,872.16 $9,426.70 $9,981.18 $10,535.70 $11,090.20
Assistant City Manager $9,157.63 $9,615.40 $10,096.17 $10,600.98 $11,131.03 $9,990.97 $10,490.40 $11,014.92 $11,565.67 $12,143.95 City Clerk $5,264.12 $5,541.18 $5,818.24 $6,109.15 6,414.61 $5,743.15 $6,045.43 $6,347.70 $6,665.08 $6,998.34 Finance Director /
Treasurer $8,737.25 $9,174.10 $9,632.90 $10,114.45 $10,620.17 $9,532.34 $10,008.94 $10,509.49 $11,034.86 $11,586.61 Human Resources
Manager $6,277.90 $6,670.27 $7,062.64 $7,455.00 $7,847.38 $6,849.19 $7,277.26 $7,705.34 $8,133.41 $8,561.49 Project Manager II $5,390.74 $5,727.67 $6,064.59 $6,401.07 $6,738.43 $5,881.30 $6,248.89 $6,616.47 $6,983.57 $7,351.63 Public Works
Superintendent $5,157.18 $5,479.50 $6,285.30 $6,124.14 $6,446.47 $5,626.48 $5,978.13 $6,857.26 $6,681.44 $7,033.10 Public Works Director $8,354.57 $8,876.72 $9,399.81 $9,921.05 $10,443.20 $9,114.84 $9,684.50 $10,255.19 $10,823.87 $11,393.53 CIP Administrator 6,469.43 6,792.90 7,132.55 7,489.17 7,863.63 10% Increase

12.25% increase 6,616.46 6.947.29 7,294.65 7,659.38 8,042.35 15% increase 6,763.50 7,101.67 7,456.75 7,829.59 8,221.07 CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Resolution No. 2023- Page 1 of 1 May 10, 2023
RESOLUTION NO. 2023-XX

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

IMPROVEMENT PROJECT (CIP) ADMINISTRATOR JOB DESCRIPTION FOR PLACEMENT

IN THE NEWLY CONFIGURED SERVICES & FACILITIES DEPARTMENT 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 CIP Administrator; and WHEREAS, the City Council desires to add job classification and accompanying salary/wage range to meet the needs of the organization by overseeing the implementation of infrastructure and facility developments.

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 XXXXX seconded by Councilmember XXXX, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 10th day of May 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.8d
Meeting Date: May 10, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: RECEIVE STAFF COMMENTS AND CONSIDER INTRODUCING BY TITLE ONLY AND WAIVING THE FIRST READING OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 8.24 OF THE CITY OF WILLITS MUNICIPAL CODE WITH CHAPTER 8.26 REGARDING LICENSURE OF TOBACCO RETAILERS.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 min Summary of Request: Staff presents for the City Council’s consideration a revised Tobacco Retail License Ordinance incorporating comments expressed by the Tobacco Ad Hoc Committee at their February 2nd meeting.

Staff coordinated the Ordinance adjustments with City Attorney, Jim Lance as Mr. Lance had the responsibility to track and make edits since staff first provided the Ordinance to the Council at the March 23, 2022 meeting.

During that interval, staff communicated with the Tobacco Prevention Coalition and County staff on several occasions regarding proposed amendments.

This version of the Ordinance includes the following two changes: (1) Modified language in the definition entry for “Characterizing Flavor”; and (2) Reduction of the monetary penalties found in Section #8.26.090(b).

Staff intended to simultaneously present a Cooperative Between County & City Agreement for Tobacco Purchase Surveys help to support the enforcement provisions of the Ordinance. Staff submitted the Agreement to the County for their review minus the costs of services since at this time, staff has questions relating to various funding received by the County to implement assistance to the municipalities. County staff advised the City to proceed with the Ordinance’s adoption and agreed to continue discussions regarding the costs of services.

Attached is the Ordinance for review.

Recommended Action: Introduce the Ordinance by title only waive further reading of the text. The presented Ordinance repeals and replaces Chapter 8.24 of the City of Willits Municipal Code with Chapter 8.26.

Alternative(s): Do not introduce the Ordinance and direct staff on next steps.

Fiscal Impact: Currently undetermined. The unknowns relate to the eventuality of the outcome of the Cooperative, and if the Council agrees to change the licensing fees when considering a revised Fee Schedule.

Personnel Impact: Similar to other inspection/enforcement programs unless there is a violation. 2021 Adopted Goals: The Goals do not address this specific item.

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 _________ ORDINANCE NO. ____
ORDINANCE REPEALING AND REPLACING CHAPTER 8.24 OF THE CITY OF WILLITS MUNICIPAL CODE WITH CHAPTER 8.26 REGARDING LICENSURE OF

TOBACCO RETAILERS
The City Council of the City of Willits, State of California, ordains as follows:
“SECTION I. FINDINGS AND DECLARATIONS:

WHEREAS, four out of five children who use tobacco started with a flavored tobacco product;

WHEREAS, according to a Report of the Surgeon General, internal tobacco industry documents show that the industry uses flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under the age of 18; WHEREAS, the results of a California Statewide survey among students in 2018 by the Center for Research and Intervention in Tobacco Control indicate that flavored electronic smoking products are mainly responsible for a rapid increase in youth and young adult tobacco use; WHEREAS, according to a fact sheet on Menthol and Cigarettes published by the California Department of Public Health, menthol flavorings are more popular with young smokers based on a national study finding that 54.5% of high school and 48.4% of middle school users of tobacco products smoke menthol cigarettes (as compared to 30-35% of adults);

WHEREAS, within a statewide survey of high school students in 2017-2018, the Northern Region of California, including the County of Mendocino, has among the highest prevalence of tobacco use;
WHEREAS, the results of the California Healthy Kids Survey for 2017-2019, indicate the rate of vape use among current tobacco users in Mendocino County are 9% for seventh grade, 22% for ninth grade, and 22% for eleventh grade;

NOW THEREFORE, it is the intent of the City Council of the City of Willits, in enacting this ordinance, to join numerous other California jurisdictions, which have adopted comprehensive flavor bans:

SECTION II. Chapter 8.24 of the Willits Municipal Code entitled “Required Licensure of Tobacco Retailers” is hereby repealed and replaced with Chapter 8.26 entitled “Tobacco Retail Licensure” to read as follows:

Sec. 8.26.010 - Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

(a) “Agency” means the Mendocino County Public Health Department or the duly authorized designee of the Public Health Department.
(b) “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an Arm’s Length Transaction. (c) “Characterizing Flavor” means a distinguishable taste or smell, other than the taste or smell of tobacco that is distinguishable by an ordinary consumer, imparted either prior to or during consumption of a Tobacco Product, including, but not limited to, tastes or smells relating to any fruit, menthol, mint, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of the ingredient information.
(d) “Compliance Check” means the process in which the Agency sends a Youth Decoy into a Tobacco Retailer’s establishment to attempt to purchase a Tobacco Product. (e) “Electronic Nicotine Delivery Systems (ENDS)” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
(f) “Flavored Tobacco Product” means any tobacco product that contains a constituent that imparts a characterizing flavor.

(g) ”Hearing Officer” means either a person assigned by the Agency to conduct a hearing pursuant to this Chapter, who is qualified by training and experience to conduct such an adjudicatory hearing, or an impartial Hearing Officer assigned by the City Manager or the City Manager's designee (hereafter, "the Manager"), who is not an employee or officer of the City, and who is qualified by training and experience to conduct such an adjudicatory hearing. (h) “Person” shall mean any person, firm, partnership, trust, estate, association, corporation, or organization of any kind. Where a principal acts through an agent, the word "person" shall include both such principal and agent.
(i) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (j) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.
(k) “Tobacco Product” means:

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

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

3. Notwithstanding any provision of subsections 1. and 2. to the contrary, “Tobacco Product” includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marked and sold solely for such an approved purpose. (l) “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or Tobacco Products: "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or Tobacco Products sold, offered for sale, exchanged, or offered for exchange.

(m) “Youth Decoy” shall refer to a participant in a compliance check who is under the minimum age required for purchase pursuant to state and federal laws, reasonably appears under the same minimum age and who has participated in the Public Health Department training for youth involved with the tobacco control program compliance surveys.

Sec. 8.26.015 - Sales of Flavored Tobacco Product Prohibited. (a) It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer’s agent or employees to Sell or offer for Sale, or to possess with intent to Sell or offer for Sale, any Flavored Tobacco Product within the City of Willits. (b) The payment of the license fee designated in Section 8.26.060 confers paid status upon a license for a term of one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the payment term.
(c) A Person selling Tobacco Products within the City of Willits without a valid tobacco retailer license, including a Person whose privilege to sell tobacco products has been suspended or revoked:

1. Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a license under Section 8.26.090 and will incur administrative fines in accordance with 8.26.100.

2. Shall not display any advertising relating to Tobacco Products that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
(d) Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the City of Willits identified on the face of the permit.

For example, nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Labor Code §6404.5. (e) It is the responsibility of each Tobacco Retailer to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's license. No Retailer may rely on the issuance of a license as a determination by the Manager that the Retailer has complied with all laws applicable to Tobacco Retailing.

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

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

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

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

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

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

Sec. 8.26.040 - Issuance of License.

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

Intentionally supplying inaccurate or false information shall be a violation of this Chapter.
(b) The application seeks authorization for Tobacco Retailing by a Person for which or whom a suspension is in effect pursuant to Section 8.26.090 of this Chapter or former Chapter 8.24; or by a Person which or who has had a license revoked pursuant to Section 8.26.090 of this Chapter or former Chapter 8.24. (c) The Tobacco Retailer at the time of the application is indebted to the City for any delinquent license fees or fines pursuant to this Chapter, unless such licensee, with the consent of the Manager enters into a written agreement with the City to pay such delinquent fees in at least monthly installments extending over a period not to exceed one year and is current with said installment payments. (d) The Tobacco Retailer has violated this Chapter or any other tobacco control law three (3) or more times within the previous sixty (60) months.

Sec. 8.26.050 - Display of License.

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

Sec. 8.26.060 - Fees for License.

The fee to issue or to renew a Tobacco Retailer's license shall be paid annually and shall be established by resolution of City Council of the City of Willits. The fee shall be calculated so as to recover the cost of administration and enforcement of this Chapter, including, for example, issuing a license, administering the license program, and if applicable, retailer education, retailer inspection and compliance checks, documentation of violations, and enforcement, but shall not exceed the cost of the regulatory program authorized by this Chapter. Annual fees shall not be pro-rated or refunded during the course of the year. The City may charge a re-inspection fee to offset the additional staff time required to handle non-compliant businesses. Additional inspections thereafter will be billed based on actual costs incurred.

Sec. 8.26.070 - Licenses Nontransferable.

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

Sec. 8.26.080 - License Violation.

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

Sec. 8.26.085 - Compliance Monitoring.

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

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

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

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

8.26.100, if the City finds based on a preponderance of the evidence, after notice and an opportunity to be heard pursuant to section 8.26.090(d) that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s license, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s license as follows: 1. After a first violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until one (1) year has passed from the date of the violation.

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

SUSPENSION, REVOCATION. In addition to any other remedy authorized by law after notice and opportunity to be heard pursuant to section 8.26.090(d), a Tobacco Retailer’s license may be suspended or revoked as provided in this section if the Manager finds, based on a preponderance of the evidence, that the licensee, or any of the licensee’s agents or employees, has violated tobacco-related laws as indicated in Section 8.26.80.

A Tobacco Retailer shall also be charged the following fines. All administrative penalties resulting from violation of this Chapter and collected by the City shall be maintained in a fund specifically designated for compliance monitoring, enforcement efforts and education related to the sale of Tobacco Products to youth. 1. Upon a finding by the City of a first license violation within any thirty-six (36) month period, the Person shall receive a letter of reprimand from the City which shall advise the Person that if the Person trains all sales employees at the location of the sale in the laws pertaining to the sale of Tobacco Products to persons under the minimum age allowed by state law to purchase Tobacco Products, and techniques to ensure future compliance, no penalty will be imposed.

Person must submit to the Manager, within 30 days, an affidavit signed by Person and the sales employees that said training has been completed. If Person fails to timely submit the affidavit, City shall impose a fine of one thousand dollars ($1,000.00) for a first violation in any thirty-six (36) month period. 2. Upon a finding by the City of a second license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of two thousand dollars ($2,000.00) and the Person's license shall be suspended for twenty-one (21) days. 3. Upon a finding by the City of a third license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of five thousand ($5,000.00) and the Person's license shall be suspended for sixty (60) days. 4. Upon a finding by the City of a fourth license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of seven thousand dollars ($7,000.00) and the Person's license shall be suspended for one hundred eighty (180) days. 5. Upon a finding by the City of a fifth or subsequent license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of nine thousand dollars ($9,000.00) and the Person's license shall be revoked for not less than one year.
(c) NO DISPLAY OR ADVERTISING. During any period of suspension or revocation the licensee:

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

Failure to do so shall result in an administrative fine pursuant to Section 8.26.100, with each day constituting a separate violation.
(d) NOTICE OF INTENDED DECISION. Upon the existence of any of the grounds for ineligibility, denial, suspension, or revocation of a license pursuant to this chapter, the City shall issue to the license applicant or holder a notice of intended decision. The notice of intended decision shall state the grounds upon which the denial, revocation, or suspension is based. The notice of intended decision shall specify the effective date of the action. The notice of intended decision shall advise the license applicant or holder that the suspension or revocation shall become final unless the person files a written request for administrative review within 10 calendar days of the date of service of the notice of intended decision.
(e) SERVICE PROCEDURES. The City’s decision to impose a suspension or revocation may be served by personal service or by certified mail, postage prepaid with a return receipt requested. Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested. Certified and first-class mail will be addressed to the Tobacco Retailer at the address shown on the license application. If the decision is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first claim mail, provided the decision sent by first class mail is not returned by the United States Postal Service undelivered. In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first-class mail, the date of service shall be the date upon which such mail was deposited in the United States Mail with postage prepaid, plus five days.
(f) TERMINATION OF LICENSE FOR FAILURE TO PAY RENEWAL FEES. A Tobacco Retailer's license which is not timely renewed pursuant to §8.26.020(b) shall automatically be deemed terminated by operation of law.
(g) REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under §8.26.040 existed at the time application was made or at any time before the license issued. The decision by the City shall be the final decision of the City. The revocation shall be without prejudice to the filing of a new application for a license.
(h) REVOCATION OF LICENSE OBTAINED UNDER FALSE PRETENSES. Tobacco Retailers whose licenses are obtained under false pretenses shall have their license revoked. This revocation shall be with prejudice. One calendar year must elapse between any revocation pursuant to this subsection and any subsequent application. (i) APPEAL OF SUSPENSION, PENALTIES OR REVOCATION. Requests for appeal must be filed with the City within ten (10) calendar days from the date of a properly served decision under 8.26.090(e). With respect to suspensions or revocations, if such an appeal is timely made it shall stay enforcement of the appealed action. An appeal is not available for a revocation made pursuant to

8.26.090(f) above. The City may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Chapter; provided a timely appeal has been filed. Settlements shall not be confidential.

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

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

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

3. a fine not exceeding five hundred dollars ($500) for a third or subsequent violation in any thirty-six (36) month period. Each and every day a violation of this provision exists shall constitute a separate violation. (b) NOTICE OF VIOLATION. A notice of violation and of intent to impose a fine shall state the basis of the City's determinations as identified below and include an advisement of the right to appeal. Any appeal must be made in accordance with the procedure identified in Section 8.26.105 below. The notice of violation shall contain the following:

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

2. The basis of the City’s determinations;

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

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

5. Identification of appeal rights, including the time within which the Notice of Violation may be contested.
(c) SERVICE OF NOTICE OF VIOLATION. The notice of violation and of intent to impose a fine may be served by personal service or by certified mail, postage prepaid with a return receipt requested. Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested.

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

Sec. 8.26.105. Appeal Procedure.

Whenever this Chapter provides for a right to appeal, the recipient must give notice to the City within 10 calendar days from the date of service by providing a document in writing, bearing the title, “Appeal of Tobacco Retail Decision”, containing the name, address, and phone number of the appellant and the grounds on which the decision is being contested. (a) The notice of appeal shall be accompanied by an advance deposit in the amount of the total administrative penalty. If the City Council has established a hearing fee, the hearing fee shall also be provided.
(b) Any notice of appeal filed without providing the advance deposit and hearing fee (if applicable) shall be deemed incomplete.
(c) The City, upon receiving a timely and properly filed appeal, shall then cause the matter to be set for hearing before a Hearing Officer by notifying the Hearing Officer directly. (d) A hearing before a Hearing Officer shall be set for a date that is not less than ten (10) and not more than (30) days from the date that the notice of appeal is filed. (e) The Hearing Officer, or the Manager in cooperation with the Hearing Officer, shall notify the parties in writing, at least ten (10) days prior to the hearing date, of the date and location of the hearing. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.
(f) At the prescribed time and place, the Hearing Officer shall consider relevant evidence from all parties as to whether the violation of tobacco-related laws occurred. The City’s notice of violation, intended decision and any additional documents submitted by the City or by the Agency shall constitute prima facie evidence of the respective facts contained in those documents.
(g) Parties may choose to be represented by an attorney. However, the Administrative Procedure Act (commencing with Government Code Section 11500) shall not be applicable to such hearing nor shall formal rules of evidence in civil or criminal proceedings be applicable.
(h) The failure of any appellant to appear at the scheduled hearing shall constitute an abandonment of the appeal.
(i) The Hearing Officer may continue the hearing and request additional information from the parties prior to issuing a written decision.
(j) The City has the burden of proving by a preponderance of the evidence that the alleged violation occurred.
(k) Following conclusion of the hearing and based on the evidence before it, the Hearing Officer shall prepare a written decision that either grants or denies the appeal, contains findings of facts and conclusions of law in support of the Hearing Officer’s decision to impose fines, a license suspension, condition or some combination thereof. The Hearing Officer’s written decision shall be the final decision of the City and shall become final upon the date notice thereof is mailed to the appellant by certified mail. (l) If the Hearing Officer determines that the Tobacco Retail Decision shall be upheld, then the fine amount identified, or as otherwise adjusted by the Hearing Officer, shall be immediately collectable by the City. If the Hearing Officer determines the Tobacco Retail Decision should not be upheld, the Hearing Officer shall order the Citation dismissed, and the City shall return the advance deposit.
(m) Any determination of the Hearing Officer shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

Sec. 6.20.110 - Enforcement.

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

Sec. 8.26.120 - Severability.

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

Sec. 8.26.120 - Agency Cooperation.

The effective operation of the Youth Decoy program and the enforcement of this ordinance will require the ongoing assistance and cooperation of both the City of Willits and the County of Mendocino, and performance of the terms of an Agency Cooperation Agreement to be executed by the City and County following adoption of this ordinance.

PASSED AND ADOPTED by the City Council of the City of Willits, on this ____ day of _________ 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

WHEREUPON, the Mayor declared the Ordinance passed and adopted and SO ORDERED.
_________________________
GRETA KANNE, Mayor
City Council of the City of Willits
ATTEST:
_________________________

DELORES PEDERSEN
City Clerk
APPROVED AS TO FORM:
________________________
H. JAMES LANCE
City Attorney
Item No. 9a
Meeting Date: May 10, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Taylor Perry, City Planner
Agenda Title: 2022 GENERAL PLAN ANNUAL PROGRESS REPORT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 min Summary of Request: Government Code Section 65400 mandates that every city prepare an annual report on the status of their General Plan and any progress in its implementation to their legislative bodies.

Annual Progress Reports (APRs) provide local legislative bodies with information regarding the implementation of the General Plan for their city or county. The General Plan APRs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda.

The APR should provide enough information for decision makers to assess how the General Plan was implemented during the 12-month reporting period. More specifically, APRs explain how land use decisions relate to adopted goals, policies, and implementation measures of the City’s General Plan.

There is no standardized form or content guidance for General Plan APR’s, so each municipality may cater the report to their own unique style. The deadline to submit the report each year is April 1st. However, there is no penalty for submitting the APR after the deadline. The APR is not required to incorporate all the General Plan elements and need not be an elaborate and time-consuming endeavor, according to the Governor’s Office of Planning and Research.

The 2022 General Plan APR has been prepared for the City Council’s consideration. Once adopted, the APR must be filed with the Governor’s Office of Planning and Research (OPR).

Since its adoption in 1992, the City has worked diligently to implement the policies outlined in the Vision 2020 General Plan and has had many successes over the years. The various Departments that comprise the City of Willits have completed many projects and are striving to achieve ongoing objectives and project goals related to each of the General Plan Elements. The Report intends to summarize the status of the Willits Vision 2020 General Plan, introduce key development activities and projects that were implemented or completed in the 2022 Calendar year, and examine the City’s progress in meeting its share of regional housing needs.

The APR is a reporting document and does not create or alter policy. The content is provided for informational purposes only and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306. Upon approval by City Council, this APR report will be forwarded to the State to supplement the HPR already submitted on April 14, 2023.

Recommended Action: Staff recommends that City Council, by motion, approve the 2022 General Plan Annual Progress Report for the City of Willits and direct the Community Development Department to transmit the Report to OPR.

Alternative(s): None.

Fiscal Impact: There is no financial cost associated with the approval and submission of this Report. By filing the Report with OPR and HCD, the City will be in compliance with Government Code Section 65400. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #1 under Community Development…Complete an update to the City’s General Plan to be used to guide future development within the City including encouragement of housing opportunities and sustainable economic development. Estimated time frame is 3-5 years.

111 E COMMERCIAL STREET, WILLITS CA 95490 • PHONE: 707-459-7112 • FAX: 707-459-1562 • www.https://cityofwillits.org/

CITY OF WILLITS

GENERAL PLAN

ANNUAL PROGRESS REPORT
2022
City of Willits
111 E. Commercial Street
Willits, CA 95490
March 26, 2023
Table of Contents
Section Page

1. INTRODUCTION........................................................................................ 3

1.1 GENERAL PLAN UPDATE REQUIREMENTS PER STATE LEGISLATION...................................4

1.2 GENERAL PLAN ELEMENTS ...........................................................................................4

2. GENERAL PLAN UPDATES AND IMPLEMENTATION MEASURES........................ 5

2.1 LAND USE ELEMENT: ...................................................................................................5

2.2 SAFETY ELEMENT ........................................................................................................6

2.3 CIRCULATION ELEMENT...............................................................................................7

2.4 CONSERVATION AND OPEN SPACE ELEMENT ..................................................................8

2.5 PUBLIC SERVICES AND FACILITIES, PARKS AND RECREATION ELEMENT .............................9

2.6 NOISE ELEMENT........................................................................................................ 10

2.7 ECONOMIC DEVELOPMENT ELEMENT........................................................................... 10

2.8 HOUSING ELEMENT ................................................................................................... 11

3. HOUSING ELEMENT ANNUAL PROGRESS REPORT....................................... 12

3.1 MEETING THE REGIONAL HOUSING NEED..................................................................... 12 TABLES
TABLE 1 GENERAL PLAN ELEMENTS .................................................................................4 TABLE 2 FUTURE HOUSING NEEDS, 2018–2027 ............................................................... 12 TABLE 3 COMPARISON OF REGIONAL GROWTH NEED AND RESIDENTIAL SITES................... 13

ATTACHMENTS
ATTACHMENT 1: 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT............................ 14 2022 Willits General Plan Annual Progress Report
Community Development Department Page 3

CITY OF WILLITS

GENERAL PLAN ANNUAL PROGRESS REPORT
(January 1, 2022, to December 31, 2022)

1. INTRODUCTION
Government Code Section 65400 and 65700 requires that all cities and counties submit an annual report on the status of the General Plan and progress on its implementation to their legislative bodies, known as a General Plan Annual Progress Report (APR). The State does not have a standardized form or content guidance for General Plan APR’s, so each municipality may cater the report to their own unique style. The deadline to submit the report each year is April 1. However, there is no penalty for submitting the APR after the deadline.

State law also requires that all cities and counties create an annual progress report that describes the community’s progress toward implementing their Housing Element. This Housing Element Annual Progress Report (HPR) has detailed data requirements, and the State has developed a standardized spreadsheet format for submitting the required data. The HPR also fulfills certain statutory requirements to report other housing information, such as the City’s progress toward meeting its share of regional housing needs, certain rezoning activities, actions taken towards completion of Housing Element programs, and local efforts to remove governmental constraints to the development of housing per Government Code Sections 65584.3(c) and 65584.5(b)(5).

Since its adoption in 1992, the City has worked diligently to implement the policies outlined in the Vision 2020 General Plan and has had many successes over the years. The various departments that comprise the City of Willits have completed many projects and are striving to achieving ongoing objectives and project goals related to each of the General Plan Elements. This report intends to summarize the status of the Willits Vision 2020 General Plan, introduce key development activities and projects that were implemented or completed in the 2022 Calendar year, and examine the City’s progress in meeting its share of regional housing needs.

This document is a reporting document, and does not create or alter policy. The content is provided for informational purposes only, and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306. Upon approval by City Council, this APR report will be forwarded to the State to supplement the HPR already submitted on April 14, 2023. 2022 Willits General Plan Annual Progress Report
Community Development Department Page 4

1.1 GENERAL PLAN UPDATE REQUIREMENTS PER STATE LEGISLATION The State has adopted several amendments to Government Code §65302 that has added new statutory requirements to the required Elements of the General Plan or in General Plan APRs as follows:

SB 379 – Adopted 2015 : Requires the Safety Element to include a climate change vulnerability assessment, measures to address vulnerability, and comprehensive hazard mitigation and emergency response strategies. Addressing these topics is required upon the next revision of a local hazard mitigation plan on or after January 1, 2017, or, if the local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022.

SB 1000 – Adopted 2016: Requires either a separate new Environmental Justice Element or related goals, policies, and objectives integrated into other Elements, if the jurisdiction has a disadvantaged community according to the Office of Environmental Health Hazard Assessment’s CalEnviroScreen tool. The City will assess whether or not this requirement applies to the City of Willits upon adoption of the Land Use Element and Safety Element updates late 2023. Regardless as to whether or not the City of Willits is required to complete an Environmental Justice Element, the City is eager to include Environmental Justice related goals, policies, and objectives integrated into other Elements.

AB 168 – Adopted 2020 : AB 168 requires new information on the City’s responsibility to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to specified places, features, and objects, pursuant to specified law when adopting or amending the General Plan or Open Space Element. Most recently, SB 1425 requires every local agency review and update its local Open Space Element by January 1, 2026.

Upon the adoption of any update to an element of the General Plan or a comprehensive General Plan Update, the City of Willits will ensure that each and every statutory requirement is met.

1.2 GENERAL PLAN ELEMENTS
State law requires all cities and counties in California to adopt a General Plan, comprised at minimum of seven mandated “Elements,” that address physical development within its jurisdiction and include: land se, circulation, housing, conservation, open space, noise, and safety. Each of the seven mandatory general plan elements were prepared prior to adoption of the General Plan Guidelines established by the Office of Planning and Research. The table below indicates the date that each of the elements were last updated in the Willits Vision 2020 General Plan, and which elements are currently in the process of an update:

Table 1 General Plan Elements

GENERAL PLAN ELEMENT LAST UPDATE
Land Use Ongoing
Safety Ongoing
Circulation 1992
Conservation and Open Space 1992
Noise 1992
Public Services and Facilities 1992
Economic Development 1992
Housing 2019
2022 Willits General Plan Annual Progress Report
Community Development Department Page 5

2. GENERAL PLAN UPDATES AND IMPLEMENTATION MEASURES
Local governments are required to keep their General Plans current and internally consistent. Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element, which is formally required to be updated every eight years. Between January 1, 2022, and December 31, 2022, the City successfully implemented several initiatives and is undergoing a few planning projects set for completion in the near future that correspond to specific Elements of the General Plan.

2.1 LAND USE ELEMENT:

The Land Use Element sets forth specific goals, objectives, policies, and maps to guide the intensity, location, and distribution of land uses. The Land Use Element was last updated in 1992 with the adoption of the Willits General Plan Vision 2020.

Land Use Element Update and Sphere of Influence Amendment:

In September 2022, the City entered into contract with Planwest Partners Inc. to assist in comprehensively updating the Land Use Element and amending the Sphere of Influence. The update will accommodate current growth projections, address current community issues, and meet new statutory requirements relevant to housing needs. The update will also include an amendment to the City’s Sphere of Influence to include hundreds of acres of residentially zoned land bordering existing City boundaries for the purpose of providing new housing opportunities, streamlining the approval process, and accelerating housing development. Following the adoption of the updated Land Use Element, the City plans to perform comprehensive updates to the Zoning Ordinance to accommodate changes made in land use designations and standards contained in the General Plan. This project is suspected to begin in early 2024.

The project is presently funded through a combination of three grant programs. Applications for the three funding sources (Local Early Action Planning Grant, Regional Early Action Planning Grant, and SB2). Grant funding totals approximately $260,000. The respective amounts of each funding source and a brief summary of the scope of each grant is provided below.

Local Early Action Planning (LEAP): $65,000 to update the Land Use Element of the General Plan and complete environmental review pursuant to CEQA.

Regional Early Action Planning (REAP): $35,364 to supplement the cost of preparing the appropriate CEQA document(s) to support an update to the Land Use Element of the General Plan.

SB2: $160,000 to amend the City’s Sphere of Influence boundary to facilitate additional housing opportunities.

The expenditure deadline for the SB2 grant is September 30, 2023, and the expenditure deadline for the LEAP and REAP grants is December 31, 2023. The project budget is presently constrained by the total funding of these three grants; however, the City anticipates pursuing additional funding for future project phases beyond the scope of this contract. The City has limited staff resources and will need to rely on consultants to successfully manage and complete this project, as completing a General Plan Element Update in this short of time will be a challenge.
2022 Willits General Plan Annual Progress Report
Community Development Department Page 6

2.2 SAFETY ELEMENT
The focus of the Safety Element centers upon identifying safety risks and developing goals, policies, and implementation programs to better address these issues. The Safety Element Element was last updated in 1992 with the adoption of the Willits General Plan Vision 2020. 2019 Draft Safety Element (Ongoing):

A comprehensive update of the Draft Safety Element was released for public review in 2020. The Safety Element, and possibly other elements, will likely need to be amended further to be consistent with any applicable changes made to the Land Use Element. The updated Safety Element will meet compliance requirements of SB379 and AB2140, and includes a vulnerability assessment pursuant to SB379, which identifies the risks that climate change poses to the City of Willits including, but not limited to, an assessment of how climate change may affect the risks identified in the Local Hazard Mitigation Plan (LHMP). Staff may bring the Safety Element update forward concurrent with adoption of the Land Use Element in late 2023, as it will likely require further revisions ensure compatibility amongst other elements of the General Plan.

Local Roadway Safety Plan (2022):

The Local Roadway Safety Plan (LRSP) was adopted by City Council on June 22, 2022. The LRSP is a comprehensive plan that creates a framework to systematically identify and analyze traffic safety related issues and recommend projects and countermeasures.

The LRSP aims to reduce fatal and severe injury collisions through a prioritized list of improvements that can
enhance safety on local roadways. The LRSP takes a
proactive approach to addressing safety needs. It is
viewed as a guidance document that can be a source of
information and ideas. It can also be a living document, one that is routinely reviewed and updated by City staff and their safety partners to reflect evolving collision trends and community needs and priorities. With the
LRSP as a guide, the City will be able to ready to apply for grant funds, such as the federal Highway Safety
Improvement Program (HSIP). Staff intends to continue
seeking additional funding to carry out potential projects related to infrastructure improvement and pedestrian
safety to ensure goals and objectives set forth in the
Safety Element are met, and Willits residents remain safe. 2022 Willits General Plan Annual Progress Report
Community Development Department Page 7
Flood Emergency Response Plan (Ongoing):

Much of Willits city limits are mapped in a hazard flood zone, and there is eminent risk of flooded waterways due to an excess of precipitation and damming of
drainages. Luckily, City Staff is close to finalizing the Flood Emergency Response Plan (FERP) Draft, anticipated for
completion in May 2023. Once the Draft is complete, staff will present the report to Council for approval prior to it becoming an annex of the City’s Emergency Operations
Plan. Development of the FERP required extensive
planning and collaboration of key City staff representative and various local and regional agencies. Several training agencies transpired to help identify necessary procedures and protocols required during a flood event. Several
procedures reinforce communication tactics, and basic
SEMS/NIMS concepts and protocols in a flood event. The
practice exercises helped to devise this flood safety plan.

The Plan will feature a and Public Safety Map organized protocols in the event of a flood. Staff are currently
assessing whether there are remaining gaps in the Flood Safety Plan and Public Safety Map.

The purpose of this Plan is to improve local flood emergency response and contribute to increased public safety. The suspected date of completion is May 2023.

2.3 CIRCULATION ELEMENT
The purpose of the Circulation Element of the Willits General Plan is to provide for a safe and efficient transportation system for existing and proposed uses within the City. This section addresses the street and highway network, railroads, transit services, and bicycle and pedestrian facilities within the community, in accordance with State Planning Law. The Circulation Plan and supporting goals, policies, and implementation actions are consistent with the land use provisions and standards within the General Plan.

The Circulation Element has not been updated since the adoption of the Willits Vision 2020 General Plan.

The Element is anticipated to be updated as part of a comprehensive update to the Willits General Plan occurring sometime between 2026 to 2027.

Airport Runway Rehabilitation Project (Completed 2022):

Work for the On August 12, 2020, the City Council awarded a Construction Contract to Team Ghilotti, Inc., for the Willits Airport Runway Rehabilitation Project for $957,141.00. The initial estimate of the length of crack repair to be completed was low. The contract value was amended on June 24, 2021, to increase the total contract value to $979,393.00, an increase of $22,252.00, to support additional minor crack repairs on the runway. The City Manager approved the contract value amendment, which proved consistent with the authority granted by Council approved Resolution 2020-47. All costs associated with the project including City staff time was reimbursed by funding provided by the Federal Aviation Administration (FAA). 2022 Willits General Plan Annual Progress Report
Community Development Department Page 8
Listed below is a summary of project improvements:
• Runway 16-34 Rehabilitation : Both runway thresholds were shifted to allow compliant runway safety area lengths of 240 feet beyond each threshold. Runway 16-34 and part of Taxiway A2 Connector (within the object free zone) were rehabilitated. Cracks greater than or equal to ¼” wide were sealed, followed by the pavement receiving a seal coat. New non-precision runway markings were painted after seal coat application and cure time. • Taxiway A1 Construction: The shift of the runway thresholds necessitated the relocation of the Taxiway A1 Connector. The previous Taxiway A1 Connector and a portion of Taxiway A were demolished, and a new Taxiway A1 connector was constructed to tie into the relocated Runway 16 end. Following the pavement construction, new taxiway markings were put in place. • Electrical Relocations and Rehabilitations: The shift of the runway thresholds necessitated the relocation of the Runway 34 PAPI, Runway 16 sign, Taxiway A1 sign, runway edge lights, runway threshold lights, and some taxiway edge lights. All remaining taxiway edge lights now have new LED fixtures and transformers installed.

The consultants at Mead & Hunt, Inc, who provided construction support services for the project, along with City staff, reviewed the project and determined that the work is in substantial compliance with the project plans and specifications. The total cost of construction under this contract was $934,778.95. The project was completed on February 10, 2022, and contributes to

2.4 CONSERVATION AND OPEN SPACE ELEMENT
This component of the General Plan focuses on the conservation and management of Willits’ open-space resources. As recognized in State law, open space serves a multitude of functions including: the preservation of natural resources; the managed production of resources such as agriculture; outdoor recreation; and the protection of public health and safety.

Urban Forest Management Plan (2022):

On November 9, 2022, the Willits City Council unanimously approved adoption of the Urban Forest Management Plan (UFMP). The plan, under development by City staff and consultant firm Dudek, lays out goals, objectives, and actions to achieve
and enhance a healthy urban forest over
the next 30 to 40 years.

The project involved collected data on an
inventory of approximately 320 Cityowned trees, and an initiative to plant an addition 165 trees in City limits. Further,
the Technical Assessment document
included with the plan provides a model
municipal tree ordinance and a model
heritage tree ordinance for potential
future action by the City Council.
2022 Willits General Plan Annual Progress Report
Community Development Department Page 9
Four guiding principles of the UFMP help create the framework for the management plan and are as follows:

1. Sufficient Resources for the Urban Forest: “The city will provide the financial and human resources to sustainably manage the urban forest”;

2. A Sustainable and Resilient Urban Forest: “The urban forest will be prepared for changing environmental conditions brought on by climate change”;

3. Expand the Urban Forest: “Canopy cover will be increased above current levels for all residents and stakeholders”; and

4. Protect and Preserve the Urban Forest: “City policies and ordinances will contribute to large, healthy trees on both private and public property.”
City staff plans to continue searching for grant opportunities to plant additional trees in City parks and along sidewalks, actively manage existing trees, and develop tree ordinances identified in the UFMP. One Ordinance the City intends to adopt in 2023-2024 is a Tree Preservation Ordinance, as identified in Implementation Policy 3.360 of the Willits General Plan.

2.5 PUBLIC SERVICES AND FACILITIES, PARKS AND RECREATION ELEMENT Willits contains 38.34 acres of existing parks and facilities, including recreational parks, neighborhoods parks, green space, and special use facilities. This Parks and Recreation Element establishes goals and policies that address the long-range provision and maintenance of parks and recreation facilities needed to improve the quality of life of existing and future Willits residents. The City of Willits is in need of additional recreational lands and facilities, and the policies and implementation measures included in this element are responsive to that demand. The overall focus of the Parks and Recreation Element is on providing recreational opportunities and facilities on a regional scale, including trails and waterways; securing adequate funding sources; and increasing tourism and recreation-based businesses. The element also addresses the location, demand, management, and provision of parks and recreation facilities.

Willits Rails with Trails Project (Ongoing):

In May of 2022, City staff completed the environmental review process for our Rails with Trail Project and filed the Notice of Determination to the State. The project is currently in the Design Phase and the City is actively working with
stakeholders and consultants to formalize a strategic plan to construct the recreational trail. The objective of the Willits Rail Trail project is to provide a safe, accessible path from the southern end of Willits to the northern end, for non-motorized traffic. The project will construct a 10-foot-wide paved, ADA accessible, pedestrian and bicycle path, approximately 1.6 miles long, between East Hill Road and East Commercial
Street and within the North Coast Railroad Authority (NCRA) railroad right of way. The pathway will connect to the
proposed Great Redwood Trail, which is currently planned as a continuous trail spanning from the North Bay to the Eureka area. Key design elements include lighting, fencing, security cameras, landscaping, tree plantings, irrigation and three pedestrian bridges at creek crossings. This project is
2022 Willits General Plan Annual Progress Report
Community Development Department Page 10
identified as a priority project in the City Bicycle and Pedestrian Plan, the County Regional Bikeway Plan, County Active Transportation Plan as well as the County Rail with Trail Corridor Plan. The project is suspected to near completion sometime in 2026. The City is excited to provide an additional recreational opportunity, and an alternative mode of transportation as a means of improving local air quality, which meets the objective of General Plan Policy 3.290.

2.6 NOISE ELEMENT
This Noise Element identifies and analyzes projected noise conditions in the community and includes measures to abate or mitigate potential noise levels. Noise levels are actively monitored throughout the community by City staff, and staff readily address any noise complaints received. Should complaints regarding undesirable noise levels increase significantly, City staff will consider implementation of an ordinance providing control of excessive noise-generating activities. The Noise Element has not been updated since the adoption of the Willits Vision 2020 General Plan. The Element is anticipated to be updated as part of a comprehensive update to the Willits General Plan occurring sometime between 2026 to 2027.

2.7 ECONOMIC DEVELOPMENT ELEMENT
This component of the General Plan intends to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. An improved local business climate which recognizes sub-regional constraints and opportunities, expansion of the local tax base, and enhanced employment opportunities are benefits of a planning effort that has an emphasis on economic development.

Community Development Block Grant Coronavirus 2&3 (CDBG-CV 2&3) Business Loan Program:

The City of Willits offers business loans funded with
Community Development Block Grants (CDBG) from
the California Department of Housing and Community
Development (HCD). The purpose of these business
loans is to provide flexible financing to businesses
which, in turn, create or retain jobs. In late 2022, the City awarded thirteen local businesses a total of
$475,000 in forgivable loans in order to provide
assistance to mitigate the impacts of the COVID-19
pandemic. The City plans on pursuing future available
State funds to provide further economic support to
local businesses.

California Conservation Corps Willits Campus (2022):

The California Conservation Corps (CCC) Willits Center
began construction in October 2022, after a 2-year
planning and review process with the City of Willits.

The Project involves development of a new CCC
operations center at 440 East Hill Road in the Town of
Willits to accommodate relocation of existing
operations at the CCC Ukiah Center. The proposed
2022 Willits General Plan Annual Progress Report
Community Development Department Page 11

27.7-acre Willits Center site is located north of East Hill Road, bounded by U.S. Highway 101 bypass on the east and the former Northwestern Pacific Railroad corridor on the west in the town of Willits, Mendocino County. The Project consists of a new CCC residential center that includes a total of approximately 64,000 square feet (sf) of new building construction. The Center will include 12 buildings consisting of an administration building, seven dormitories, an education building, a recreation building, a multi-purpose building with kitchen and dining room, a warehouse with work area and a hazardous materials storage room. The Project also includes a paved emergency crew and vehicle staging area and solar photovoltaic array. The facility would be designed based on the prototype and CCC’s residential needs to house 12 Permanent Corpsmembers. The center is intended to be designed to Zero Net Energy (ZNE) per the Governor’s Executive Order (EO) B-18-12 and achieve at minimum a Leadership in Energy and Environmental Design (LEED) Silver certification. The facility is projected to be completed in early 2024.

Once finalized, existing Ukiah Center CCC housing and training functions would be relocated to the Willits facility.

2.8 HOUSING ELEMENT
The Housing Element of the General Plan is a
comprehensive statement by the City of Willits regarding its current and future housing needs and proposed actions to facilitate the provision of housing to meet those needs at all income levels. The policies contained in this element reflect the requirements of the statewide housing priority to allow for the “attainment of decent housing and a
suitable living environment for every Californian,” as well as a reflection of the unique concerns of the community.

The purpose of the Housing Element is therefore to
establish specific goals, policies, and objectives relative to the provision of housing and to adopt an action
(implementation) plan toward this end. In addition, the Housing Element identifies and analyzes housing needs
and resources and constraints to meeting those needs.

The revised draft of the Housing Element was adopted by Willits City Council on December 11, 2019, and meets full compliance with the State Housing Element law (Article 10.6 of the Government Code). The 2019 Housing Element update addresses the City’s housing needs over the 2019–2027 Housing Element planning period. The Housing Element update has been analyzed for consistency with the City’s General Plan and does not propose any goals, policies, or programs that are considered contrary to General Plan goals, policies, or programs. The City’s plan for addressing its identified housing needs focuses on the following areas:
• Housing Quality
• Housing Supply and Neighborhood Conservation
• Housing Affordability
• Equal Housing Opportunity
• Natural Resource and Energy Conservation
2022 Willits General Plan Annual Progress Report
Community Development Department Page 12
Permanent Local Housing Allocation Grant Program (Ongoing):

In December 2022, the City applied to the Permanent Local Housing Allocation grant program to support a City Housing Rehabilitation Program. The Permanent Local Housing Allocation Plan proposes using PLHA funding to implement an owner-occupied home rehabilitation loan program, offering low or no interest loans to homeowners under 120% of the Area Median Income. Generally, the program will provide rehabilitation home loans for activities including but not limited to bringing properties up to current code standards, implementing energy efficiency upgrades, accessibility upgrades, repair or replacement of major systems such as HVAC or plumbing, abatement of asbestos or lead paint, or other activities which will prevent deterioration, extend the lifespan of the dwelling, and support homeowner affordability. The City was awarded $ 371,856 to support this revolving loan program. The program will commence in 2023 and will be available to low- and moderate-income households and will help maintain existing affordable housing units.

3. HOUSING ELEMENT ANNUAL PROGRESS REPORT
The Regional Housing Needs Plan (RHNP) is mandated by the State of California (Government Code Section 65584) and requires regions to address housing issues and needs based on future growth projections for the area. The California Department of Housing and Community Development (HCD) allocates regional housing needs numbers to regional councils of governments throughout the state. The RHNP for Mendocino County is facilitated by the Mendocino Council of Governments (MCOG) and allocates to the cities of Ukiah, Fort Bragg, Willits, and Point Arena and the unincorporated area of Mendocino County their “fair share” of the region’s projected housing needs, also known as the Regional Housing Needs Allocation (RHNA). Listed below is the breakdown of the RHNA for the City of Willits, by income group, for the 2018– 2027 period.

Table 2 Future Housing Needs, 2018–2027
INCOME CATEGORY 2018-2027 RHNA
Extremely Low 17 15%
Very Low 17 15%
Low 25 23%
Moderate 17 15%
Above Moderate 34 31%
Total 111 100%

3.1 MEETING THE REGIONAL HOUSING NEED
Table 3 compares the City of Willits’ RHNA to the site inventory capacity. After including the credit of housing units constructed between January 2018 and December 2022, the City has a surplus of 284 units available to lower-income households (including extremely low–, very-low-, and low-income households), 350 units available to moderate-income households, and 22 units available to above-moderate-income households, a total surplus of 656 units.
2022 Willits General Plan Annual Progress Report
Community Development Department Page 13
Table 3 Comparison of Regional Growth Need and Residential Sites INCOME GROUP 2018-2027
RHNA
Units Constructed
(1/1/2018 – present)
Remaining
RHNA
Vacant
Inventory
Capacity
RHNA Surplus
Extremely Low 17 0
34 Very Low 17 0 337 284
Low 25 6 19
Moderate 17 21 0 350 350
Above Moderate 35 5 30 52 22
Total 111 32 83 739 656
Provided on the following pages is the 2022 Housing Element Report submitted by Staff to HCD on April 14, 2023 (ATTACHMENT 1: 2022 Housing Element Annual Progress Report). 2022 WILLITS Housing Element Annual Progress Report
General InformationFirst Name Taylor Street Address 111 East Commercial Street Phone 7074597125Last Name Perry City Willits Email [email protected] City Planner Zip Code 95490Comments: Include any additional information or explanation for the information provided in the following tables.

WILLITS - 2022 1
2022 WILLITS Housing Element Annual Progress Report
TABLE A - Housing Development Applications SubmittedUnit Information Project Identifier Proposed Units Affordability by Household Incomes Current APN Street
Address
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total
Proposed
Units by
Project
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
006-041-17 398 McKinley
St
0 0 0 0 0 1 0 1 1 0
007-091-32 1425 Brothers
Ln
0 0 0 0 0 0 1 1 1 0
007-250-23 470 Grove St 0 0 0 0 0 1 0 1 1 0
007-091-36 1457A-D &
1455 A-D
Brothers Ln
0 0 0 0 0 8 0 8 8 0
005-144-11 281 State St 0 0 0 0 0 1 0 1 1 0
006-051-04 239 E Valley St 0 0 0 0 0 1 0 1 1 0
Totals 0 0 0 0 0 12 1 13 13 0
WILLITS - 2022 2
Project Information
Project Identifier Unit Types Density Bonus Applications Prior APN Current APN Street
Address
Project Name Local
Jurisdiction
Tracking ID
Unit
Category
Tenure Date
Application
Submitted
Was
Application
Submitted
Pursuant to
SB 35
Streamlining?
Was a Density
Bonus
requested for
this housing
development?
Was a Density
Bonus
approved for
this housing
development?
Please
indicate the
status of the
application
Notes
006-041-17 398 McKinley
St
ADU
Conversion
20220020 ADU Renter 02/22/2022 No No N/A Approved Finaled. 007-091-19 007-091-32 1425 Brothers
Ln
Lot 5 2020029 SFD Owner 03/10/2022 No No N/A Approved Issued 3/16/22; NotFinaled
007-250-23 470 Grove St 20220053 MH Owner 04/20/2022 No No N/A Approved Issued 3/01/23; NotFinaled
007-091-19 007-091-36 1457A-D &
1455 A-D
Brothers Ln
Lot 9 (2) 4-
plexes
20220085 SFA Renter 07/14/2022 No No N/A Approved Issued 12/12/22; NotFinaled
005-144-11 281 State St Second-story
ADU
20220094 ADU Renter 08/03/2022 No No N/A Approved Issued 1/26/23; NotFinaled
006-051-04 239 E Valley
St
ADU
Conversion
20220124 ADU Renter 08/07/2022 No No N/A Approved Finaled.

WILLITS - 2022 3
2022 WILLITS Housing Element Annual Progress Report
TABLE A2 - Annual Building Activity Report Summary - New ConstructionEntitlements Project Identifier Affordability by Household Income - Entitlements Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
Issued
Entitlements
006-041-17 398 McKinley
St
20220020 0 0 0 0 0 0 0 0
007-091-32 1425 Brothers
Ln
2020029 0 0 0 0 0 0 0 0
007-250-23 470 Grove St 20220053 0 0 0 0 0 0 0 0007-091-36 1457A-D & 1455 A-D
Brothers Ln
20220085 0 0 0 0 0 0 0 0
005-144-11 281 State St 20220094 0 0 0 0 0 0 0 0006-051-04 239 E Valley St 20220124 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0
WILLITS - 2022 4
Building Permits
Project Identifier Affordability by Household Income - Building Permits Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
006-041-17 398 McKinley
St
20220020 0 0 0 0 0 0 0 0
007-091-32 1425 Brothers
Ln
2020029 0 0 0 0 0 0 1 03/16/2022 1
007-250-23 470 Grove St 20220053 0 0 0 0 0 1 0 03/01/2023 1007-091-36 1457A-D & 1455 A-D
Brothers Ln
20220085 0 0 0 0 0 8 0 12/12/2022 8
005-144-11 281 State St 20220094 0 0 0 0 0 1 0 01/26/2023 1006-051-04 239 E Valley St 20220124 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 10 1 11
WILLITS - 2022 5
Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
Date Issued
# of Units
Issued
Certificates ofOccupancy or
other forms of
readiness
006-041-17 398 McKinley
St
20220020 0 0 0 0 0 1 0 07/22/2022 1
007-091-32 1425 Brothers
Ln
2020029 0 0 0 0 0 0 0 0
007-250-23 470 Grove St 20220053 0 0 0 0 0 0 0 0007-091-36 1457A-D & 1455 A-D
Brothers Ln
20220085 0 0 0 0 0 0 0 0
005-144-11 281 State St 20220094 0 0 0 0 0 0 0 0006-051-04 239 E Valley St 20220124 0 0 0 0 0 1 0 03/23/2023 1 Totals 0 0 0 0 0 2 0 2
WILLITS - 2022 6
Project Information
Project Identifier Unit Types Housing with
Financial
Assistance and/or
Deed Restrictions
Demolished/Destroyed Units
Units?
Prior
APN
Current
APN
Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Unit
Category
Tenure Extremel
y Low
Income
Units
Was
Project
Approve
d using
SB 35
Streamli
ning?
Infill
Units?
Assistan
ce
Program
s for
each
Develop
ment
Deed
Restricti
on Type
Housing
without
Financial
Assistan
ce or
Deed
Restricti
ons
Term of
Affordabi
lity or
Deed
Restricti
on
Number
of
Demolish
ed/
Destroye
d Units
Demolish
ed or
Destroye
d Units?
Demolish
ed/ or
Destroye
d Units
Owner or
Renter
Notes
006-041-
17 398
McKinley
St
ADU
Conversio
n
20220020 ADU Renter 0 N Y Rental
Price per
Month
provided
by Owner
0 007-091-
19 007-091-
32 1425
Brothers
Ln
Lot 5 2020029 SFD Owner 0 N N Listing
Price
provided
by Owner
0 007-250-
23 470
Grove St
20220053 MH Owner 0 N N Listing
Price
provided
by Owner
0 007-091-
19 007-091-
36 1457A-D
& 1455 AD
Brothers
Ln
Lot 9 (2)
4-plexes
20220085 SFA Renter 0 N N Rental
Price per
Month
provided
by Owner
0 005-144-
11 281 State
St
Secondstory
ADU
20220094 ADU Renter 0 N Y Rental
Price per
Month
provided
by Owner
0 WILLITS - 2022 7
006-051-
04 239 E
Valley St
ADU
Conversio
n
20220124 ADU Renter 0 N Y Rental
Price per
Month
provided
by Owner
0 Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction
Tracking ID
Deed Restriction Type Total Density Bonus
Applied to the Project
(Percentage Increase
in Total Allowable
Units or Total
Maximum Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding ParkingWaivers or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
WILLITS - 2022 8
Very Low* 34
Deed
restricted
0 0 0 0 0 0 0 0 0 0
0 34
NonRestricted 0 0 0 0 0 0 0 0 0 0
Low 25
Deed
restricted
0 0 0 0 0 0 0 0 0 0
4 21
NonRestricted 2 0 2 0 0 0 0 0 0 0
Moderate 17
Deed
restricted
0 0 0 0 0 0 0 0 0 0
17 0
NonRestricted 4 0 1 4 8 0 0 0 0 0
Above
Moderate
35 0 0 0 4 1 0 0 0 0 0 5 30
Total Units 6 0 3 8 9 0 0 0 0 0 26
Total
RHNA
111 Total Remaining Need for RHNA Period 85
Extremely Low-Income
Units**
17 0 0 0 0 0 0 0 0 0 0 17
For the last year of the 5th cycle planning period, Table B will only include units that were permitted before the end date of the 5th cycle planning period.For the first year of the 6th cycle planning period, Table B will only include units that were permitted since the start date of the 6th cycle planning period. 2022 WILLITS Housing Element Annual Progress Report
TABLE B - Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability Income
Level
RHNA
Allocation
Restriction
s
Projection
Period
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income
Level
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1) Extremely
Low-Income
Need
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date
Total
Remaining
ELI Need
WILLITS - 2022 9
Projection Period units are included in a separate column. *Units serving extremely low-income households must be included in the very low-income permitted totals in order to be credited toward the RHNA.**Extremely low-income units determined pursuant to Government Code 65583(a)(1). Default value is half of the very low-income RHNA. May be overwritten.

WILLITS - 2022 10
2022 WILLITS Housing Element Annual Progress Report
TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need No Data Available
WILLITS - 2022 11
2022 WILLITS Housing Element Annual Progress Report
TABLE D - Program Implementation Status
Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Timeframe in H.E.

Program HE1.A: HousingRehabilitation Loan Program
Continue the City’s Rehabilitation Loan Program,which provides financial assistance to lower income(extremely low, very low, and low) owner householdsfor housing rehabilitation. (Ref. Policies HE1.D,HE2.D, HE3.G) Apply for CDBG and HOME funds through the state’sannual funding cycle as Notices of Funding Availability(NOFA) are released. The City had proposed toPublicize information by December 2019; however, asa result of Covid 19 and staffing constraints, therelease date has been extended to December 2022.

Program HE1B: FirstTimeHomebuyers Program
Provide for the development of a FirstTimeHomebuyers Program to assist lowerincomehouseholdswith becoming homeowners. (Ref. Policy HE1.B) Ongoing, refer interested residents and provideinformation regarding theprogram as requested.

Status of Program Implementation
The City the City applied to the Permanent Local Housing Allocation grant program to support aCity Housing Rehabilitation Program. The Permanent Local Housing Allocation Plan proposes using PLHAfunding to implement an owner-occupied home rehabilitation loan program, offering low or no interestloans to homeowners under 120% of the Area Median Income. Generally, the program will providerehabilitation home loans. The program will commence in 2023 and will be available to low- and moderateincome households and will help maintain existing affordable housing units.As funding and staff time are available, the City will assist at least five lower incomehouseholds over the 2019–2027 planning period.City residents are eligible for the FirstTime Homebuyers Program provided by RCHDC. City staff is continuing to provide information to interested City residents provided by the Rural Communities Housing Development Corporation (RCHDC), which provides financial assistance through loans and/or grants to help buyers with down payments, closing costs, mortgage insurance premiums, and/or with a silent second trust deed.

WILLITS - 2022 12
Program HE1.C: Infrastructure
Provision and Financing
Minimize infrastructure costs for residentialdevelopment by identifying infrastructure needs andavailable sources of funding for infrastructureimprovements. (Ref. Policies HE1.A, HE2.B) Annually evaluate measures and apply for funding asNOFAs are released and as applications areprocessed though the Community DevelopmentDepartment.

The City received loans from the CaliforniaDepartment of Public Health and the USDA stateupdate wastewater treatment plant. The City hasalso utilized additional funding to establish groundwater wells and a groundwater treatment facility to use in emergency situations, such as intimes of drought. The City is also seeking funding tofurther the groundwater system, drilling new wellsand connecting them into the existing infrastructure.The City is currenlty updating our Land Use Elementwhich will include an analysis of existing infrastructureand identify additional infrastructure improvementsrequired to support future growth scenarios set byCouncil.

Program HE1.D: Annual Reviewof the Housing Element
Maintain a Housing Element that is effective inimplementing housing goals. (Ref. Policies HE1.A,HE1.F) Annually, before the April 1 deadline. City staff annually reviews the Housing Element to determine the effectiveness of the programs inachieving the City’s housing goals, policies, programs,and objectives. The Community DevelopmentDepartment will provide annual reports to the CityCouncil as to the effectiveness of the HousingElement. The City has taken actions necessary tocorrect any inconsistencies. A copy of this report willbe sent to the California Department of Housing andCommunity Development.

Program HE1.E: ZoningOrdinance Review and Update
Review and update the Zoning Ordinance to ensure itcontains current data and definitions and is effective inimplementing housing goals. (Ref. Policies HE1.A,HE1.F) Annually review and revise as needed. Staffanticipates performing a comprehensive update to theZoning Code in late 2023 and early 2024 to ensurecompatibility with the updated Land Use Element ofthe General Plan set for completion September 2023.

In September 2018, the City processed an amendmentto the Zoning Ordinance to explicitly allow bothsupportive and transitional housing types in allresidential zones subject only to the same restrictionson residential uses in the same type of structure. Citystaff will continue to review the Zoning Ordinance todetermine the effectiveness of the ordinance inachieving goals and objectives and, as needed,update the Zoning Ordinance to comply with changesto state planning and zoning law requirements. TheCity is updating its Land Use Element which is set tobe complete by September 2023. Adoption of theLand Use Element Update will surely neccesitateupdates to the Zoning Ordinance to be consistent withstate housing laws.

WILLITS - 2022 13
Program HE1.F: Water and Sewer
Service Priority
In compliance with Government Code Section65589.7, provide a copy of the adopted HousingElement to local water and sewer providers.

Within one month from adoption of the HousingElement.

The 2019-2027 Housing Element was adoptedDecember 11, 2019. The City of Willits is the localprovider of water and sewer services for the City. Acopy of the adopted 2019-2027 Housing Element wasprovided to the City of Willits Utilities Superintendent.

Program HE1.G: AffordableHousing Water Priority
Give preference in the City’s water allocation processto projects meeting the City’s lowerincome regionalhousing need.

Ongoing, as affordable projects are processed throughthe Community Development Department.

City staff currently uses this provision for lowerincomehousing by granting priority with respect to waterhookups.

Program HE2.A: MonitorResidential Land Inventory
Continue to monitor vacant and underutilizedresidential land to assess the residential developmentpotential and ensure the city is able to continue tomeet its Regional Housing Need Allocation. (Ref.Policies HE1.E, HE2.A, HE3.E) Ongoing; update as projects are approved through theCommunity Development Department.

On a projectbyproject basis, city staff is reviewingvacant and underutilized land inventory to identify anyconstraints to the development of that land.The Citymaintains a list of vacant and underutilized land withinits Housing Element, which is available at City Hall andon the City’s website.

Program HE2.B: Lot Consolidation Create larger parcels through lot consolidation in order to support affordable development opportunities inWillits. (Ref. Policies HE1.B, HE2.A, HE2.B, HE2.F) Ongoing, as projects are processed through theCommunity Development Department. Annually meetwith local developers to discuss developmentopportunities and incentives for lot consolidation.

In August 2018, the City processed an amendment tothe Zoning Ordinance and established a minimumdensity of 14.5 dwelling units per acre in the R3 zone.City staff is working with property owners andencouraging the consolidation of smaller adjacentparcels zoned for residential use, particularly parcelszoned for twofamily (R2) or multifamily (R3)development to consolidate parcels.City staff is also providing technical assistance todevelopers or existing owners who wish to consolidateadjacent residentially zoned parcels. Asdevelopers/owners approach the City interested in lotconsolidation for the development of affordablehousing, the City is offerering the following incentiveson a projectbyproject basis: allow affordable projectsto exceed the maximum height limits, decreasesetbacks, and/or reduce parking requirements.

Program HE2C: Incentives for theDevelopment of AffordableHousing Allow flexibility in development standards to facilitateaffordable housing development. (Ref. Policies HE1.B,HE2.B, HE2.F, HE3.E) Ongoing, as projects are processed through theCommunity Development Department.

On a projectbyproject basis, city staff is offereringfasttrack/priority processing, density bonuses, flexibilityin development standards, and fee subsidies (whenfeasible) to developers proposing new housing,mixeduse, or infill projects affordable to lowerincomehouseholds, farmworkers, seniors, and other specialneeds groups. Staff is also looking at reduced parkingstandards as part fo the update to the Land UseElement.

WILLITS - 2022 14
Program HE2D: Accessory
Dwelling Unit
Encourage the production of accessory dwelling unitsto meet the housing needs of the Willits population.(Ref. Policies HE1.B, HE2.C, HE3.C) Ongoing, as projects are processed through theCommunity Development Department.

Program HE2E: MixedUseDevelopment
Revitalize the downtown area and produce dwellingunits. (Ref. Policies HE1.E, HE2.A, HE3.C, HE3.D,HE3.E, HE3.F) Ongoing, as projects are processed through theCommunity Development Department.

Program HE2.F: HousingOpportunities
Encourage the production of marketrate housing forhouseholds with incomes of 80 percent or more of theMendocino County Area Median Income in order tomeet and/or exceed the Regional Housing NeedsAllocation (RHNA) for moderate andabovemoderateincome households. (Ref. PoliciesHE1.B, HE2.E) Ongoing. Annually contact real estate agents, housingdevelopers, and financial institutions.

City staff is encouraging the production of accessorydwelling units, by offering incentives such as thereduction of parking requirements, reduction of permitprocessing time, increase in floor areas, reduction ofsetbacks, and promoting accessory dwelling units insubdivision development by considering/creatingincentives for their production.Revisions to the Municipal Code were completed in completed in September 2018 to allow residential use above the first-floor in Community Commercial zones, specifically in the Downtown area (Ordinance Amendment 18-03). For projects that contain housing units affordable tolower-income households, city staff is working towardsproviding incentives such as density bonuses, flexibledevelopment standards, and/or fee deferrals toencourage the development of mixed-use projects thatcontain affordable multifamily units. As projects arebrought forward, the city will consider reducing and/oreliminating parking requirements for residential unitsthat are placed above commercial establishments.Permanent changes to reduce parking requirementsand zone parcels Mixed-Use are likely to occur withthe Land Use Element Update.The Community Development Department andBuilding Division are working with local real estateagents, housing developers, and financial institutionsto identify the items necessary for the production ofunits affordable to moderate and above-moderate- income households. Once these items have been identified, the Community Development Department will provide this information to housing developers and real estate brokers to encourage the construction of market rate housing.

WILLITS - 2022 15
Program HE2.G: Planned Unit
Development
Encourage Planned Unit Developments (PUD). TheCity has established PUD zoning combining districtswhich allow flexibility in the use and design of land andstructures. This flexibility may include the alteration ofsetback requirements, height limits, sign requirements,building coverage limits, offstreet parking, density andintensity limits, etc. These districts are excellent areasfor the development of a mix of different housingtypes, such as condominiums, apartments, and singlefamily dwellings. (Ref. Policies HE1.B, HE2.E, HE3.C,HE3.F) The City had proposed to develop informationalmaterials for developers that identifies sites mostsuitable for rezoning to PUD and provide a listing ofthose sites to developers by Spring 2020. As a resultof continued staffing restraints, the release date hasbeen extended indefinitely until the Land Use Elementupdate has been adopted.

The City staff is in the process of reaching out todevelopers to see what will make housingdevelopment feasible in Willits. City staff would talk totake this information and create informationalbrochures that describe the PUD process and itspossibilities. The brochures would identify areas ofthe city which may be rezoned as PUD districts, andidentify possible development incentives for a PUD,such as density bonuses, infrastructure cost sharing,and increased housing density. City staff will provideinformation on the benefits of PUD districts todevelopers who are considering developing a range ofhousing types or who are looking for greater flexibility.Eventually the Community Development Departmentwould like to provide developers with a list of vacantsites in the city suitable for rezoning to PUD toaccommodate a range of housing types and flexibledesigns. Staff expects this will will feasible uponadoption of the Land Use Element and revisions areperformed to the Willits Municipal Code sometime inearly 2024.

Program HE2.H: Removal ofGovernmental Constraints toHousing Development for Personswith Special Needs.

Identify and remove possible governmental constraintsto the development of housing for persons with specialneeds, where feasible. (Ref. Policies HE2.E, HE3.B) Monitor annually. Staff is monitoring existing land use controls, permit and processing procedures, fees and exactions, andbuilding codes for constraints on the development,maintenance, and improvement of housing.

Program HE3.A: PermitStreamlining and PriorityProcessing Continually seek to improve development review andprocedures to minimize the time required for reviewand project approval. This reduction in time will reducethe cost to developers and may increase housingproduction in the city. In addition, continue to givepriority to affordable housing projects. (Ref. PoliciesHE2.F, HE3.C) Ongoing, as affordable projects are processed throughthe Community Development Department.

City staff continues to streamline and provide priorityprocessing which is reducing the time necessary tocomplete the development permit process foraffordable housing.

WILLITS - 2022 16
Program HE3.B: Affordable
Housing Preservation
Establish procedures to preserve affordable housing atrisk of converting to market rate. (Ref. Policy HE3.A) Monitor annually. Currently, Willits does not have any publicly assisted affordable projects at risk of converting. In order toprepare for the possibility of conversion in the future,the City is monitoring the status of all affordablehousing projects and, as their funding sources nearexpiration, will work with the CDC of MendocinoCounty and with the owners to consider options topreserve such units as affordable. The City alsocontinues to provide technical support to propertyowners and tenants regarding proper proceduresrelating to noticing and options for preservation.

Program HE3.C: State andFederal Housing Programs
Refer interested parties to the CDC of MendocinoCounty to provide assistance to nonprofit and privatehousing developers to make use of other programswhich require their application and participation.(Ref.Policies HE1.E, HE3.A, HE3.B, HE3.C) Ongoing; refer as approached by interested parties.Annually reach out to CDC of Mendocino County and(RCHDC) to determine available programs.

A number of state and federal programs offer lowcostfinancing or subsidies for the production of low andmoderateincome housing. Certain programs require anapplication and participation by the local publicagency; other programs are for use by nonprofithousing corporations and housing authorities; and theremaining programs require application and directparticipation by a private developer. City staffcontinues to refer interested parties to the CommunityDevelopment Commission of Mendocino County todetermine which programs would be most beneficialfor housing production in the city and then directly orindirectly pursue those programs.

Program HE3.D: InclusionaryZoning Ordinance
Consider the feasibility of adopting an inclusionaryhousing ordinance which would set forth minimumrequirements for the construction of affordable housing(affordable to moderate, low, and verylowincomehouseholds) in new residential projects orcontributions to an affordable housing trust fund. (Ref.Policies HE1.B, HE1.E, HE3.C, HE3.F) The City was considering a feasibility study for Spring2020. As a result of Covid 19 and staffing constraintsthe timeline has been extended to Spring 2022.

City staff introduced the concept of an inclusionaryhousing ordinance to the Ciy Council in 2019. Withconsideration to limited staffing and existing projects,staff will move forward in developing the ordinance astime permits.

Program HE3.E: EmergencyShelter Development
Allow for the development of emergency shelters.(Ref. Policy HE3.B) Monitor annually. City staff is providing financial assistance, as budget allows, on an annual basis for homeless assistanceprograms and shelters, as well as continuing toencourage private contributions to local homelessassistance programs and shelters by providinginformation from area homeless service providers andthe CDC of Mendocino County about homeless needsand services at City Hall and other public locations.

WILLITS - 2022 17
Program HE3.F: Extremely
Low–Income Households
Encourage the development of housing for extremelylow–income households.

Monitor annually. City staff is working with the CDC and the RCHDC on a variety of activities, such as conducting outreach tohousing developers on an annual basis; providingfinancial assistance (when feasible), or inkind technicalassistance; providing expedited processing; identifyinggrant and funding opportunities; applying for orsupporting applications for funding on an ongoingbasis; reviewing and prioritizing local funding at leasttwice in the planning period; and/or offering additionalincentives beyond the density bonus. City staff hasprepared and currently provides informationalbrochures at the City of Willits Civic Center and theCDC of Mendocino County.

Program HE3.G: FarmworkerHousing
Support regional efforts, such as those of the CDC ofMendocino County and other organizations, to securefunding and identify sites for the development ofmigrant/seasonal farmworker housing, including sitesin the City’s sphere of influence.

Monitor annually. City staff is continuously working with the Community Development Commission of Mendocino County andother organizations to secure funding.

Program HE3.H: LargerMultifamily Units
Encourage developers of affordable and marketratehousing to construct housing units with three or morebedrooms to accommodate large households andalleviate overcrowding in Willits. Where feasible,provide incentives to developers who provide housingunits affordable to lowerincome households that havethree or more bedrooms. Such incentives may include,but are not limited to, flexible development standards,fee deferrals, density bonuses, or expeditedprocessing. (Ref. Policies HE1.B, HE3.B, HE3.C) Ongoing, as applications are processed through theCommunity Development Department.

City staff continues to work with housing developers toconstruct a wide variety of housing including largerunits to provide housing for larger renter families in aneffort to alleviate existing or future overcrowding.

Program HE3.I: Assistance forPersons with DevelopmentalDisabilities Work with the Redwood Coast Regional Center toimplement an outreach program that informs familiesin the city about housing and services available forpersons with developmental disabilities.

Ongoing. City staff is developing an outreach program to assist persons with developmental disabilities that includesdeveloping an informational brochure and directingpeople to service information on the City’s website.

Program HE-3.J: Low BarrierNavigation Centers
Consider the potential to accommodate low barriernavigation centers for the homeless by examiningexisting government constraints and barriers.

Ongoing. Assessment is currently ongoing with theLand Use Element Update set for completion bySeptember 2023.

Per AB 101 (2019), review the City’s zoning ordinanceand make revisions if necessary to allow low barriernavigation centers for the homeless per GovernmentCode 65660-65668.

WILLITS - 2022 18
Program HE4.A: Housing
Discrimination and Housing EqualOpportunity
Continue to coordinate and refer interested persons tothe appropriate agencies, such as Legal Services ofNorthern California in Ukiah or the HUD Fair HousingEnforcement Center in San Francisco. Act as anindependent third party to discrimination complaints.Support housing equal opportunity programs bycontinuing to provide fair housing brochures to thepublic at City Hall, the local US Post Office, WillitsCommunity Services, the library, and other localhousing and social service agencies. (Ref. PoliciesHE4.A, HE4.B, HE4.C) Ongoing. City staff will continue to provide information and refer persons to the appropriate agencies as complaints arereceived in an effort to prevent housing discriminationand promote equal housing opportunities.

Program HE5.A: Implementationof California Energy ConservationStandards The Building Department will continue to beresponsible for implementing the California EnergyConservation Standards. This includes checkingbuilding plans and other written documentationshowing compliance with energy standards andinspecting construction to ensure that dwelling unitsare constructed according to those plans. (Ref.Policies HE5.A, HE5.B) Ongoing. City staff continues to promote energy and resource conservation wherever possible. Applicants forbuilding permits must continue to show compliancewith the State’s energy conservation requirements atthe time building plans are submitted.

Program HE5.B: Green Building Incorporate Title 24 and Leadership in Energy and Environmental Design (LEED) requirements into theZoning Ordinance, specific plans, and developmentagreements as appropriate, and enforce staterequirements, including Title 24 of the California Codeof Regulations, for energy conservation in newresidential projects. Encourage residential developersto employ additional energy conservation measures forthe siting of buildings, landscaping, and solar accessthrough development standards contained in theZoning Ordinance, Building Code, and other plans asappropriate. (Ref. Policy HE5.C) Ongoing, as projects are processed through theCommunity Development Department.

City staff is currently researching areas including butnot limited to Zoning Ordinance, specific plans, anddevelopment agreements as appropriate, to enforcestate requirements, including Title 24 of the CaliforniaCode of Regulations, for energy conservation in newresidential projects.

Program HE5.C: Fee Reduction Allow expedited permit processing, the possibility of fee reduction, or other incentives for new constructionthat exceeds Title 24 energy efficiency standards by10 percent or more and/or incorporates use ofrenewable (nonfossilfuel) energy.

Ongoing, as projects are processed through theCommunity Development Department.

City staff is continuing to incentivize applicants whocontribute to the reduction of greenhouse gases andclimate change through the use of green buildingtechnologies and materials through the reduction infees and a streamlined permitting process.

WILLITS - 2022 19
2022 WILLITS Housing Element Annual Progress Report
TABLE E - Commercial Development Bonus Approved pursuant to GC Section 65915.7 No Data Available
WILLITS - 2022 20
2022 WILLITS Housing Element Annual Progress Report
TABLE F - Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(2) Affordability by Household Incomes
(Units that DO NOT count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 Affordability by Household Incomes
(Units that DO count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 WILLITS - 2022 21
2022 WILLITS Housing Element Annual Progress Report
TABLE G - Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (CCR Title 25ï¿½6202) No Data Available
WILLITS - 2022 22
2022 WILLITS Housing Element Annual Progress Report
TABLE H - Locally Owned Surplus Sites (CCR Title 25 ï¿½6202) No Data Available
WILLITS - 2022 23
2022 WILLITS Housing Element Annual Progress Report
LEAP Reporting (CCR Title 25 ï¿½6202)
No Data Available
WILLITS - 2022 24
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT.

WHEREAS, the State of California requires each city to adopt a comprehensive, longrange General Plan to guide the physical development of the incorporated city and land outside the city boundaries; and
WHEREAS, the City's General Plan was adopted on August 12, 1992; and WHEREAS, the General Plan was amended to update the Housing Element on December 11, 2019, and the planning period for the Housing Element is 2019 through 2027; and WHEREAS, California Government Code Section 65400 mandates that cities submit an Annual Progress Report on the status of the General Plan and its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD); and
WHEREAS, the APR provides the City Council with information regarding the implementation of the General Plan during the 12-month reporting period (January 2022 - December 2022) and is designed to showcase City initiatives and projects relating to General Plan Elements that were complete or are ongoing; and
WHEREAS, on May 10, 2023, the City Council of the City of Willits reviewed and approved the Annual Progress Report in its entirety; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby authorize and approve the 2022 General Plan Annual Progress Report and instructs the Community Development Department to submit the Report to the relevant recipients.

AYES:

NOES:

ABSENT:

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: City of Willits General Plan Land Use Element Update Presentation and Discussion Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 50 min_ Summary of Request: Receive a presentation from City staff and project consultants updating Council on the team’s progress regarding the Land Use Element Update project. Staff is seeking input and guidance from the Council on a variety of land use policy topics and prospective land us designation changes. Additional lands outside the City limits have also been identified to consider including in the City Sphere of Influence (SOI) for the purpose of supporting additional housing opportunities and other identified community needs.

During this meeting, consultants and staff intend to provide members of Council with an overview of the four general policy focus areas that are under review:
• Facilitating infill development and commercial vitality. • Identifying residential and business opportunities available through land use changes within the City or through proposed Sphere of Influence expansion areas outside the City. • Ensuring adequate public utilities, services, and infrastructure. • Protecting and conserving natural resources and energy and avoiding hazards.

Specific policy questions from staff are found in the staff report along with a range of potential policy options for the Council’s consideration. Discussion at this meeting will be used to support the creation of a public draft Land Use Element update and supporting environmental review documents. Additional public meetings are planned prior to bringing a final draft Land Use Element update to Council for adoption.

Recommended Action: Receive presentation and provide feedback on the Land Use Element Update Alternative(s): None.

Fiscal Impact: This project is grant funded and is scheduled to be completed prior to the end of 2023.

Personnel Impact: None.
2021 Adopted Goals: The request conforms with the recommendation listed under Community Development…Complete an update to the City’s General Plan to be used to guide future development within the City including encouragement of housing opportunities and sustainable economic development.

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 _________ STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 1

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 10, 2023 AGENDA ITEM NO:

TO: Honorable Mayor and Members of the City Council
PREPARED BY: Planwest Partners, Inc.

ITEM: LAND USE ELEMENT UPDATE DISCUSSION
REQUEST: To receive the Staff Report, hear public opinion on the matter, and to provide feedback and direction to staff regarding policy focus areas of the Land Use Element Update and Sphere of Influence Amendment.

SUMMARY
Since fall 2022, City staff and a consultant team have been compiling background information and conducting advisory committee meetings and public outreach as part of an effort to update the City’s General Plan Land Use Element. The Land Use Element has multiple objectives of accommodating desired growth, addressing community needs, identifying necessary amendments to reflect changes in state law and for the purpose of providing new housing opportunities, streamlining the development approval process, and accelerating housing development. This project will conclude with an application to the Mendocino Local Agency Formation Commission (LAFCo) to amend the City’s Sphere of Influence (SOI) and adoption of an updated Land Use Element.

To date, staff and the consultant team have: (1) held three meetings with the project Advisory Committee, created a project website, distributed a community input survey, and held an Open House to gather community input; (2) identified a proposed SOI that contains an array of land for which the City could potentially expand; (3) identified a series of opportunity areas within the City to facilitate new housing or business opportunities; and (4) prepared a series of policy concepts that, in addition to the land use change opportunities and sphere areas, are intended to protect natural resources, support future housing, business development and other community needs.

During this meeting, staff and consultants intend to provide members of Council with an overview of the four general policy focus areas that are under review:
• Facilitating infill development and commercial vitality. • Identifying residential and business opportunities available through land use changes within the City or through proposed SOI expansion areas outside the City. • Ensuring adequate public utilities, services, and infrastructure. • Protecting and conserving natural resources and energy and avoiding hazards.

The objective of this presentation is to provide a project update, share feedback received from public outreach to date, answer questions, hear concerns, gauge support, and gather feedback STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 2
of all types from Council and the public regarding these land use policies, prospective zone changes and expanded SOI areas.

BACKGROUND
WILLITS GENERAL PLAN VISION 2020:

The Willits General Plan Vision 2020 is a planning document with text and diagrams that expresses the goals, objectives, and policies intended to guide the community toward achieving its vision over a long-term planning period (30 years). City decision makers rely on the General Plan as the basis for making decisions on matters such as land use, transportation, open space and conservation, the provision of public services, and environmental quality and safety. It is also a policy document that guides decisions related to protecting and enhancing what the community values most, such as protecting and enhancing the character of the community and open space.

The City of Willits’ General Plan was last comprehensively updated and adopted in 1992. Since then, the City's land use needs have changed to some degree due to demographic and economic conditions and updates are also required to comply with state guidelines and laws.

DISCUSSION OF THE LAND USE ELEMENT UPDATE
PROJECT DESCRIPTION:

In the summer of 2022, the City initiated an update to the General Plan Land Use Element to comply with the requirements of California Government Code §65300, which mandates that each city adopt a comprehensive, long-range, internally consistent plan for future development. This project will update and amend the City’s General Plan Land Use Element goals, policies, and implementation programs that articulate the vision for the City’s long-term physical and economic development, while preserving open space areas and enhancing the quality of life for residents.

The proposed updates are intended to:
• Satisfy state requirements for General Plans that have been approved since the General Plan was last updated;
• Provide additional land for housing, business and recreational opportunities inside and outside the existing City boundary;
• Streamline the permitting approval process, and accelerate new housing development; • Address inconsistencies; and
• Ensure consistency and compliance with other City plans that have been adopted or revised in recent years, such as the 2019 Housing Element.

The Land Use Element will continue to establish the general distribution, location, and extent of the uses of land for housing, business, industry, open space, agriculture, natural resources, public buildings and grounds, and other categories of public and private uses of land within the City.

Because the Land Use Element was last updated in 1992, the demographics and policies in the plan will be updated to reflect the current conditions and vision of the City. Although past growth in the City and surrounding area has been limited and future projections for Mendocino County indicate a population decline, various emerging local and regional factors indicate a need to provide for a range of housing types in Willits that can be readily developed. In addition, the Land Use Element may include changes to land use designations to support residential and commercial development, plan certain lands adjacent to the City for various types of development, including STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 3
residential, commercial, recreation, or open space, and update land use designations for areas where planned land uses may be in conflict with the character of existing communities. While focusing planning for residential land uses, the City seeks to ensure that projects that would result in the creation of employment opportunities are appropriately prioritized.

ZONING AMENDMENTS TO IMPLEMENT THE LAND USE ELEMENT:

The changes described above will trigger the need to make amendments to the Zoning Map and regulations to implement the Land Use Element and SOI Update as well as the possibility of creating a Mixed-Use Zone. The anticipated zoning amendments are intended to enable new development in a manner consistent with the Land Use Element.

SPHERE OF INFLUENCE UPDATE:

In addition, the Zoning Amendments will also pre-zone the SOI Update area as part of an application to amend the City’s SOI to be submitted to the Mendocino LAFCo.

COMMUNITY AND AGENCY INPUT:

Since initiating the project, the Community Development Department established an Advisory Committee and held three meetings to provide guidance on this project that consists of two City Council members (Council Member Rodriguez and Council Member Strong); staff from Community Development, Public Works, and Police; representatives from the Sherwood Valley Band of Pomo Indians, Willits Unified School District, Little Lake Fire Protection District, Brooktrails Township CSD, the Chamber of Commerce, Adventist Health Howard Memorial Hospital; and representatives of businesses such as LEEF Organics, METAL fx, and a local building contractor. City staff is also coordinating closely with Mendocino County and the Mendocino LAFCo. A Notice of Preparation (NOP) was issued on March 10th to inform agencies and interested parties that a Programmatic Environmental Impact Report (Program EIR) will be prepared to evaluate the environmental effects associated with the proposed General Plan Land Use Element and SOI Updates. In addition, a project webpage is available at https://willitslanduseupdate.com/.

On March 29th, a Community Open House was held at the City community center with two sessions: 11:30 am to 2:00 pm and 5:30 pm to 8:00 pm. At the Open House, posters displayed the overall concepts and questions regarding the focus areas of this planning effort (a City of Willits Planning Area outside City limits and potential City growth areas; potential land use changes with the City; making more efficient use of land within the City and providing zoning flexibility; protecting important natural resources and conserving energy; and parks and recreational opportunities) and staff and consultants were available to answer questions and gather input. Members of the public were encouraged to write comments on post-it notes and place them on each poster. The comments have been compiled and are helping to guide policy and mapping recommendations.

A web-based survey was available on the project webpage in English and Spanish, which will also be used to provide essential guidance on policy and mapping recommendations. As identifying land use/zoning changes within the City that can create new housing or business opportunities is an objective of the project, the project webpage also contains a form where property owners can submit suggested changes to their property that could potentially be taken STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 4
up as part of this project if they are in the public interest (e.g., result in additional housing/economic development opportunities). The survey closed on May 1st and a summary will be provided as part of the presentation.

POLICY AREAS FOR COUNCIL CONSIDERATION
The purpose of this presentation is to provide an opportunity for the City Council to consider the general land use policy areas and mapping focus areas developed to date and provide input and guidance. These focus areas are intended to achieve the City’s objective to update the General Plan Land Use Element to accommodate desired growth, address community needs, protect natural resources, and meet changes in State law – especially relating to housing – and to update the City’s SOI for the purpose of providing new housing opportunities, streamlining the approval process, and accelerating housing development.

The following are Policy Focus Areas to be discussed:

1. Facilitate Infill Development and Commercial Vitality

2. Opportunities Available through Land Use Changes within the City or through proposed Sphere of Influence expansion areas outside the City

3. Ensuring Adequate Public Utilities, Services, and Infrastructure

4. Protect and Conserve Natural Resources and Energy, Avoid Hazards For each focus area we hope to:
 Describe the Policy Focus Area.
 Ask Discussion Questions.
 Summarize potential policy topic areas to prompt input.  Seek Council input and general guidance.

STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
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1. FACILITATE INFILL DEVELOPMENT AND COMMERCIAL VITALITY The City seeks to expand the supply of land for residential development in order to accommodate future demand. The current General Plan identified land within the City and a potential annexation area and assumed that land within the City would accommodate projected growth levels between 1990 and 2020. Land use and land ownership constraints suggest that it may be beneficial to consider land use changes within the City to facilitate local growth and accommodate residential demand, as well as to plan for additional land outside the current City boundary.

Modifying land use policy and regulations to allow more efficient use of existing developed areas for infill residential and commercial development could be beneficial because the need to extend or expand City infrastructure and services is minimized. Also, state laws require cities within urbanized areas to allow more diverse and less expensive housing types within single-family areas to address regional housing needs and to provide housing closer to jobs, services, and schools.

Related Current General Plan and Land Use Element Policy:

1.210 Facilitate local growth in accordance with Scenario 1, identified in Section 2.322 of the Technical Appendices (Volume 2). This scenario calls for an ultimate buildout population of approximately 7,500 residents.

1.230 Give priority consideration to infill development of vacant and underutilized land within the City limits.

POLICY QUESTION:
“Should development regulations be modified to allow property owners to make more efficient use of land at a scale in keeping with the existing neighborhood?”

POLICY RANGE
Modify development standards
to allow more infill development
on parcels at a scale in keeping
with the existing neighborhood
Retain current development
standards acknowledging that further
infill development by property
owners, even at a scale in keeping
with the neighborhood, may be
limited by existing standards
• Potential Policy Options:
o Reduce minimum standards, such as:
 Smaller minimum parcel sizes.
 Reduce “yard” or required front, side, or rear setback requirements.  Increase maximum ground coverage limits.
 Allow taller buildings.
 Reduce minimum on-site parking requirements.

STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 6
NOTE: Almost all of Willits is within a Census 2020 Urban Cluster, which qualifies parcels zoned for single-family units for ministerial approval, pursuant to SB 9, of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both, plus one accessory dwelling unit for each primary unit. Given that the principally permitted uses for the Single-Family Residence (R1) Zone and Residential Estate (RE) Zone are identical, the provisions of SB 9 likely also apply to areas zoned RE. The only R-1 and RE areas that are not within an Urban Cluster are the areas south of Haehl Creek Court.

POLICY QUESTION:
“Should the range of principally permitted uses in certain residential and commercial zones be expanded - or new zones be created - in order to provide flexibility to property owners and encourage new business development and a broader range of housing types?

POLICY RANGE
Modify the range of permitted uses
Citywide or on a neighborhood basis
with the objective of encouraging
additional desired uses and making longstanding existing uses conforming Retain the current range of
permitted uses and apply
specific zones to specific
parcels to achieve
zoning use conformity
• Potential Policy Options:
o Define more flexible zones in commercial districts, or zones on the fringe of commercial districts, to allow for a broader range of commercial and residential uses;
o Reduce or refine existing commercial zones to ensure that the range of uses such as the is achieving its intended purpose (e.g., Administrative Office (CO) Zone); o Add a mixed-use zone that allows commercial and residential uses; o Define tailored zones or combining zones for specific areas to achieve desired outcomes (commercial vitality on Main Street or South Main Street, or to address non-conforming commercial or residential uses); or,
o Provide greater flexibility for café, corner store, or other neighborhood shop front uses or cottage commercial uses in residential area with limited nuisance impacts.

STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 7

2. OPPORTUNITIES AVAILABLE THROUGH LAND USE CHANGES

WITHIN THE CITY OR THROUGH SPHERE OF INFLUENCE

EXPANSION AREAS OUTSIDE THE CITY
Due to the available supply of vacant residential land and land constraints, including landowner preference, the City seeks to plan additional land to accommodate residential development over the next 30 years. City General Plan policy seeks a balance of jobs and housing and gives priority to land for employment over land for housing to ensure that objective is achieved. The City 2019 Housing Element concludes that “87 percent of Willits residents commute less than 30 minutes to work each way, indicating that the city’s residents depend highly on Willits and surrounding jurisdictions in the county for employment opportunities. The jobs-housing ratio was 1.0 (2,087 jobs/2,091 total housing units), indicating that there is a strong jobs-housing balance in Willits.” Current General Plan and Land Use Element Policy:

1.230 Give priority consideration to infill development of vacant and underutilized land within the City limits.

1.240 Consider annexations which are consistent with the extension of public services and facilities and other City policies and plans. Possible future annexation sites are shown on Exhibit 3-2 of the Technical Appendices (Volume 2).

1.260 In reviewing proposals for changes in land use, priority shall be given to projects which would result in the creation of employment opportunities.

1.270 Until such time as the community reaches a balance of jobs and housing, commercial and industrial development shall be regarded as a higher priority objective than residential development.

STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 8
POLICY QUESTION:
“What types of City or property owner initiated changes within the City boundary should be considered in order to facilitate future residential, commercial, or other kinds of development?”
The map displayed in Figure 1 shows a series of potential land use change opportunities areas within the City that will be discussed in greater detail during the staff presentation.

Figure 1. Location Map of potential land use change opportunities.

STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 9
POLICY QUESTION:
“What types of City or property owner initiated changes within the City boundary should The map displayed in Figure 2 shows a series of areas outside the City that could be considered for expanding the City’s SOI for future annexations for residential, commercial, and industrial development that will be discussed in greater detail during the staff presentation.

Figure 2. Location Map of possible Sphere of Influence boundary amendments located outside City limits.

STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
PAGE 10

3. PUBLIC UTILITIES, SERVICES, AND INFRASTRUCTURE
City services, in particular water, wastewater, and streets must be considered when proposing any land use changes. There are water capacity limitations, in particular relating to storage, within the existing boundary, which need to be addressed as well as the likely need to amend the City’s domestic water supply permit through the SWRCB Division of Drinking Water to increase the City’s drinking water source capacity. All City services should be evaluated as land use changes are contemplated, especially land use changes that involve new service extensions.

Current General Plan and Land Use Element Policy:

2.260 Accomplish a 25 percent reduction in single occupancy vehicle trips by 2000.

Methods to be employed shall include:
(a) making the existing circulation network safer and more accessible to pedestrians, bicyclists and car poolers;
(b) studying and implementing methods of improving and expanding existing bus service; and
(c) reducing commuting by increasing the number of well-paying jobs in close proximity to Willits residents.

6.210 Ensure that development occurs in a manner which is consistent with the ability of local public agencies to provide adequate services and facilities within an efficient cost framework.

6.220 Continue to evaluate the capacity and effectiveness of local water, sanitary sewer, storm drainage and service delivery systems.

POLICY QUESTION:
“What criteria should be applied to identify potential Sphere of Influence and annexation areas?”
POLICY RANGE:

Include more detailed programs that
establish City criteria for infrastructure
expansion and service delivery
Defer all annexation area entitlements until
annexation is initiated by property owner
and an analysis of infrastructure and
services is conducted demonstrating how
services are to be provided
• Potential Policy Options:
o Sphere Areas should:
 Contain land planned by the County for development, be considered reasonably developable, or be served by City utilities;  Have a minimum of natural resources or hazard constraints;  Be adjacent to the City, promote orderly development, and result in a more logical City boundary; and,
STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
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 Be adjacent to City infrastructure and facilities with adequate capacity or that can be feasibility expanded to provide an adequate level of service. o Annexations should:
 Be initiated based on the supply of land for residential, commercial, industrial, and public facility uses within the City;
 Contribute to the City’s fiscal stability;
 Result in the efficient use of City services and utilities;  Connect to or extend the City’s mobility network; and,  Protect agricultural land and open space areas.

4. NATURAL RESOURCES
Many of the potential land use change areas and SOI expansion areas are in close proximity to important natural resources such as streams, oak woodlands and wetlands. The current General Plan has general programs to protect natural resources, such as assuring that adverse impacts are identified and mitigated prior to project approval and no net loss of wetlands in the review of proposed development projects. The City seeks to streamline future development and establishing objective buffers will assure resource protections and disclose potential environmental constraints to property owners. The California Department of Fish and Wildlife recommends that the City incorporate specific protective measures and implementing programs that would avoid or minimize potential impacts to natural resources including riparian areas and streams, wetlands, sensitive natural communities, rare and endangered plant species; protect native trees and natural communities including oaks and oak woodlands; and encourage invasive species removal and landscaping with locally native plant species. It may be important to develop more definitive General Plan policies and programs that demonstrate that future ministerial projects within the City and annexations will not result in significant environmental impacts.

Current General Plan and Land Use Element Policy:

3.210 Conserve, to the greatest feasible extent, the City's existing natural resources, with particular emphasis on air and water quality, open space, tree preservation and riparian habitat maintenance and enhancement.

3.220 Ensure that all adverse environmental impacts of proposed development projects are identified and acceptably mitigated prior to approval.

3.230 Ensure that environmental mitigation measures included as conditions of project approval are effectively implemented and maintained over the long term.

3.250 Maximize open space preservation on lands outside of the City limits which are not identified for possible future annexation on Exhibit 3-2 (Volume 2).

3.320 All applications for development within 250 feet of Willits, Broaddus or Baechtel Creeks shall be required to include site-specific field observation by a qualified botanist and a wildlife biologist as part of the application package. This requirement may be waived in the event that the City's Environmental Review Officer determines that the proposed project will have no impact on the riparian corridor STAFF REPORT : LAND USE ELEMENT UPDATE DISCUSSION
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or that the site in question has been previously disturbed to the extent that the proposed project would be of minimal environmental concern.

4.731 Site-specific environmental review of all residential, commercial and industrial development proposals shall be required; extra scrutiny shall be given to projects along riparian corridors and in areas containing Valley Oak Woodland or other habitats or species of significance.

4.733 The City shall pass, by December 1993, an ordinance calling for the preservation of Valley Oaks and other trees of significance.

4.135 Revegetation of sites using native species may be required as a condition of approval for development projects.

4.736 The City shall conform to the California Department of Fish and Game policy of no net loss of wetlands in the review of proposed development projects.

4.834 Preserve trees and other significant visual features through enforcement of existing ordinances and enactment of new ordinances where appropriate.

POLICY QUESTION:
“What programs are needed to ensure that annexations and new development proposals are streamlined and that important natural resources are protected and energy is conserved?”
POLICY RANGE:

Include more detailed programs to
demonstrate that natural resources
protected through ministerial and
discretionary project review
Defer all annexation area
entitlements until annexation
is initiated by property owners
• Potential Policy Options:
o In order to protect natural creeks and streams, prohibit development within a buffer area on either side of the stream.
o Establish a combining zone for stream and riparian areas to be applied to parcels adjacent to streams that specifies protective criteria. o Identify wetlands through project review.
o Require onsite protection or through relocation and replacement of wetlands coupled with appropriate mitigations, as appropriate, to ensure no net loss of wetlands.
o Integrate important tree protections from the urban forest management plan into Land Use Element and Zoning Regulations.
o Establish an oak tree and oak woodland retention and protection program for new development that emphasizes the avoidance or minimization of oak tree and oak woodlands removal.

Written by : John Miller, Principal Planner ; [email protected] Reviewed by : Dusty Duley, Community Development Director ; [email protected] Item No. 9c
Meeting Date: May 10, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Kenan O’Shea, Public Works Superintendent
Agenda Title: INCREASE APPROPRIATIONS TO FACILITATE THE TRANSFER OF FUNDS TO

COVER THE COSTS OF THE AIRPORT SECURITY FENCE PROJECT TOTALING IN THE AMOUNT OF $42,000.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time:15 Minutes Summary of Request: Staff requests authorization to transfer funds from revenue received by the Department of Forestry when it uses the Airport as a staging base for firefighting efforts. The requested funds will cover the expense of a new security fence. Airport management staff recognized there was a need to increase facility security by installing 650 linear feet of fencing along the western lot line. This portion of the facility abuts residential properties having convenient access to the hangars, Pilot’s Lounge, and the runway. FAA encouraged the fence installation to reduce that easy access and assure compliance with our grant obligations,
Recommended Action: Authorize the funding transfer from account to an expenditure account to allow for payment of services, materials, and labor related to the installation of the fence and new gates.

Alternative(s): None.

Fiscal Impact: Funds transferred from the Airport Enterprise Fund (Fund 500) only occurred when necessary to support special and/or unique facility projects. Fiscal impact of this budget amendment will increase appropriations by Twenty-Two Thousand Dollars ($22,000) which will leave total appropriations for the project at Forty-Two Thousand Dollars ($42,000).

Personnel Impact: None
2021 Adopted Goals: This item is consistent with Goal #1 for 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 _________ Resolution No. 2023-__ Page 1 of 1 May 10, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO TRANSFER FUNDS

FOR THE CONSTRUCTION OF A SECURITY FENCE ALONG THE NORTHWESTERN LOT LINE OF THE AIRPORT PROPERTY.

WHEREAS, the City of Willits operates a general aviation airport; and WHEREAS, the City of Willits financial assistance from the FAA and to comply with required grant assurances must guarantee the facility is consistent with the agency’s regulations; and
WHEREAS, the FAA advised the City to increase security and limit public access to the facility in order to reduce the risk of potential injury or liability; and WHEREAS, the City agreed to install a new section of fence along the northwestern lot line of the facility and install new keypad access gates at two locations; and WHEREAS, the total cost of the project exceeded the amount allocated for facility improvements in Fiscal Year 2022-2023 Budget; and
WHEREAS, staff is now requesting the transfer of additional funds to cover the total cost of the project.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby authorize and directs staff to increase appropriations by $22,000 for a total of $42,000 for the entire project.

AYES:

NOES:

ABSENT:

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Chief Fabian Lizarraga
Agenda Title: DISCUSSION AND POSSIBLE ACTION TO INTRODUCE AND WAIVE THE FIRST READING OF INCLUSION OF COUNTY ORDINANCE, TITLE 10 REGULATING ANIMAL CONTROL INTO THE WILLITS MUNICIPAL CODE (THE ACTION REPEALS CHAPTER 6.10 OF THE WILLITS MUNICIPAL CODE).

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

Summary of Request: Pursuant to the City Council’s approval of the Animal Control Services Agreement with the County, Title 10 of the Mendocino County Code of Ordinances needs to be adopted and the City of Willits Municipal Code amended to include these ordinances, for Animal Control to take enforcement action within the City of Willits.

Recommended Action: Introduce the Ordinance by title only waive and further reading of the text. This action sees the repeal and replacement of Chapter 6.10 of the Willits Municipal Code by the County’s Title 10 Ordinances by placing this item on the agenda for adoption at the next City Council meeting.

Alternative(s): None.

Fiscal Impact: None
Personnel Impact: None
2021 Adopted Goals: This item satisfies Goal #1 under the Police Department…Maintain a Public Safety Agency capable of maintaining a safe community utilizing up to date law enforcement tools and delivering emergency services to the citizens and businesses of Willits in a responsive and proactive manner.

Willits City CouncilMay 10, 2023

Willits City Council
May 10, 2023