Agenda — Willits City Council, August 9, 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
AUGUST 9, 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
None presented.

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. July 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 Report – June 2023
b. Business License Activity Report – July 2023
c. Building Permit Activity Report – July 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. Review and Accept by the City Council of a Proposal by Terrain Landscape Architecture for Professional Services to Compose a Master Plan for the East Commercial Street Corridor.

Willits City Council Agenda – August 9, 2023.

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b. Review and Approval by the City Council of the IT Upgrade Project and the Supporting Appropriations Transfer of $181,000.
c. Adopt a Resolution Approving a Non-Binding Memorandum of Understanding Between the City of Willits and the Sherwood Valley Band of Pomo Indians Regarding Water Service Extension.
d. Verbal Reports – No Action.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Informational Discussion With City Council On Senate Bill 946 – Safe Sidewalk Vending Act (2019) and Senate Bill 972 – Enhancing Safety Of Sidewalk Vending (January 2023).

Presenting staff member: Phillip Davidson, Code Compliance Officer. b. Adopt a Resolution Authorizing the Advertisement of the Steel Water Main Replacement Project (Project No. 2023-08/Brown Water Abatement).

Presenting staff member: Olivia Grupp, Services & Facilities Director.

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

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None.

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

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

Dated this 4th day of August 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.

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5a
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, JULY 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; Scott Herman, Utilities Superintendent; Karen Stevenson, Human Resources Manager; Davey Bowles, Building Official, Nicole Caldwell, Sewer Plant Operator; Olivia Grupp, Services and Facilities Director; Jordan Walstrom, Police Sargent; and Delores Pedersen, City Clerk.

Mayor Kanne called for a moment of silence in honor of past, City Councilmember Victor Hanson

2. Public Communications
 Community member Mark Walker expressed concern for the condition of the street at the railroad crossing on East San Francisco Street.

3. Public Matters
a.
b.
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Little Lake Fire Protection District – Update is available in the agenda packet.

Quarterly Update by the Willits Chamber of Commerce - presented by Chamber Coordinator Susan Mahoney.

Reported on the two chamber mixers that were held during the last three months, one sponsored by Rotary Club and the other sponsored by the Lions Club.

This year’s 41st Annual Car and Bike show on Memorial Weekend was a great success.

The show brought together a total of 120 cars and bikes.

June brought planning for a series of three Art Walks as well as participation in Frontier Days and the Hometown Celebration to promote buying locally and supporting our town.

The Chambers Website has been updated and is now able to accept event postings to promote other organizations. The final step in updating the website is to list members by categories with hyperlinks to represent them to the public.

Ms. Mahoney has participated in several committees including the Walkable Willits Signage Group, this group is represented by Blue Zones, Rotary, Sparetime Supply, the County Museum, Willits Art Center and the Chamber of Commerce. The group has developed a digital sign of Willits, the project is now at the point of hiring a graphic designer, out of the bids received, the group has selected Braggadoon Signs and Graphics. The map will include all of Willits. The signage will be available for all to use as a marketing tool.

Harvest Moon is planned for Sept 30th from 2:00 pm to 7:00 pm, the plan is to close Main Street for the event.

Willits City Council Minutes of July 26, 2023 Page 2 of 7  The summer has been busy with visitor inquiries and plans for future events still to come this year.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a.
i.
ii.

City Council Minutes:

June 21, 2023.

June 28, 2023
Public Comment: None presented.

Moved by Rodriguez/Seconded by Stranske and carried unanimously to approve Consent Calendar item(s) (a).
b. Designate councilmembers as the League of California Cities 2023 Annual Conference Voting Delegate and Alternate(s).

Public Comment: None presented.

Moved by Strong/Seconded by Rodriguez and carried unanimously to name Councilmember Gonzalez as the Voting Delegate and Councilmember Stranske as the Alternate Voting Delegate at the League of California Cities 2023 Annual Conference.

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. None presented.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations+
a. Willits Frontier Days Ad Hoc Advisory Committee.

Mayor Kanne to appoint, with Council confirmation, less than a majority of the Council to serve on the Ad Hoc Advisory Committee. The Ad Hoc Advisory Committee will hear and discuss issues of concern expressed by the Willits Frontier Days Board.

BY ORDER OF THE MAYOR a Willits Frontier Days Advisory Ad Hoc Committee was formed, appointing Councilmember Gonzalez and Stranske.

Public Comment: Community member Mark Walker spoke in support of the Groundwater Flow Model.
b. Adopt a Resolution Accepting the Proposal from EBA Engineering to Create a Groundwater Flow Model for the Little Lake Valley Groundwater Basin.

Moved by Gonzalez/Seconded by Stranske and carried 4/1 (with Strong dissenting) to adopt Resolution No. 2023-45 to review and accept the proposal from EBA Engineering to create a groundwater flow model for the Little Lake Valley Groundwater Basin.

Willits City Council Minutes of July 26, 2023 Page 3 of 7 After further discussion, Mayor Kanne requested that a plan to monitor the potential movement of arsenic in the wells be brought back for discussion at a future council meeting.
c. Verbal Reports – No Action.
i.
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Responses to public inquiries recently received by the City Council.

City Manager Bender gave updates on the status of the railroad cars on Railroad Avenue. California Western Railroad recognizes that it is not in their best interest to keep the rail cars there. They are looking into options to relocate or remove what they can. The city will be requesting a set schedule, from Western Railroad, on what to expect. They City still has the ability to pursue either federal or legal action through the district court through the nuisance abatement process.

Davey Bowles gave an update on weed abatement activities throughout the city.

Seventeen letters were sent to residents and there are currently four that have not yet responded to the letters.

There will be a public forum related to shoplifting for the local Business Owners hosted by the Willits Chamber of Commerce, Willits Police Department and the City on August 2, at 2:00 p.m. at City Hall. This forum is open to all members of the public.

Willits Police Department will respond to barking dog complaints if they are not on other calls.

August 1st, Willits Police Department will be having their first National Night Out Event at Snyder Park from 5:00 p.m. to 8:00 p.m.

Sunday August 6, 2023, will be Large Item Dump Collection Day at Solid Waste of Willits.

Mayor Kanne called for a recess at 8:30 p.m. and returned to open session at 8:38pm.

9. Department Recommendations (Action Items)
a.
10-
Adopt a Resolution Awarding a Contract to BAS Roofing, Inc. for the Replacement of Roofs at City Hall and the Art Center, for a Total Amount Not to Exceed of $334,370 and Authorize the City Manager to Execute Contract Documents and Change Orders up to Percent of the Total Amount of Construction.

Presenting staff member: Davey Bowles, Building Official.

Public Comment: Mark Walker spoke in support of the project.

Moved by Stranske/seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-46 awarding a contract to BAS Roofing, Inc. for roof replacements at City Hall and the Art Center for a total amount not to exceed of $334,370 and authorize the City Manager to execute contract documents and change orders up to 10-percent of the total cumulative amount of construction. b. Adopt a Resolution Awarding a Contract to Redwood Electrical Service, for the City Hall Power Resiliency Project a 20-KW Photovoltaic System with Battery Backup, for a Total Amount not to Exceed of $148,163.93 and Authorize the City Manager to Execute Contract Documents and Change Orders up to 15-Percent of the Total Amount of Construction.

Presenting staff member: Davey Bowles, Building Official.

Public Comment: None presented.

Willits City Council Minutes of July 26, 2023 Page 4 of 7 Moved by Strong/seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-47 awarding a contract to Redwood Electrical Service for installing a 20-Kw Photovoltaic System with Battery Backup for a total amount not to exceed of $148,163.93 and authorize the City Manager to execute contract documents and change orders up to 15-percent of the total cumulative amount of construction. c. Adopt a Resolution Awarding a Contract to Precision Concrete Cutting for the Sidewalk Remediation Project.

Presenting staff member: Olivia Grupp, Services & Facilities Director.

Public Comment: None presented.

Moved By Gonzalez/seconded by Strong and carried unanimously to adopt Resolution No. 2023-47 awarding a construction contract to Precision Concrete Cutting, of Burlingame, California, in an amount not to exceed $35,088, for the sidewalk remediation project.

This Item was moved and presented earlier in the meeting after Consent Calendar.

PUBLIC HEARING OPENED AT 6:43PM
d.
e.

NOTICED PUBLIC HEARING - Proposed Water and Wastewater Rate Increases.

Presentation by Erik Helgeson of Bartle Wells Associates.

Erik Helgeson of Bartle Wells Associates presented a Power Point presentation on the Proposed Water and Wastewater Rate Increases.

Discussion and Possible Action by Accepting the Water and Wastewater Rate Study Report and Adopting a Resolution Directing Staff to Proceed with Adjustments to the Water and Wastewater Service Charges Pursuant to Proposition 218.

Presenting staff member: Manuel Orozco, Finance Director.

Public Comment: Community members spoke in support of the of the Rate Study and the Water and Wastewater Service Charges. The city received two letters in opposition to the Rate Increase of the Water and Wastewater Services Charges.

PUBLIC HEARING CLOSED AT 7:47 P.M.

Moved By Rodriguez/seconded by Strong and carried unanimously to adopt Resolution No. 2023-44 Adopting the proposed Proposition 218 Water and Wastewater Rate Increases, Effective August 1, 2023, with the contingency that after year two then each year going forward there will be a council presentation to assess that the money is being spent at the rate that was expected to confirm that rates are not raised more than needed and that the city is providing the services that are needed.

10. Department Monthly Reports
a. Airport – No further comments.
 Airport Manager Moorhead invited the council to visit the airport to see the new hanger that is being built.
b.
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Community Development Department
Rail Trail construction will start in the Spring of 2024. Working with State agencies to obtain the proper permits and then complete the design work. Mitigation work will Willits City Council Minutes of July 26, 2023 Page 5 of 7 
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cost $300-$500 thousand to complete, this is not eligible to be included in the Active Transportation Program Grant (ATP), the Community Development Team expects to have an alternate source of grant funding in place to support the mitigation effort.

The city is seeking an extension of time from the State to complete the General Plan Land Use Element. The expectation is to have a final product to council in the spring of 2024.

The city has successfully executed a standard agreement with the Housing and Community Development will be setting up a meeting with the consultants next week to begin setting up program goals and creating the housing rehab program for the city.

Staff will be bringing the close out report for the Community Development Block Grant Business Loan to council, we successfully allocated $470,000, which was loaned to local businesses, all the loans have been forgiven and the program is being closed out.

The staff is looking to define the roles of responsibility of the City and property owners in the Sidewalk Ordinance.
c. Finance
 Still moving forward with the Springbrook implementation. d. Police Department
 Nothing further.
e. Services and Facilities
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The start date for the West Mendocino Rehabilitation Project is delayed and is expected to start on August 21, 2023, the first day of school. Staff is waiting on submittals from Argonaut Contractors to make sure they phase the project appropriately to not block or hinder the school, especially during the first week of school.

The flag on the Willits Arch became tangled in the pully system and has been removed. Paramount Signs will be repairing the pully system and re-hanging the flag.

The excavation and forming of the footing for the Highway 20 Pin Wheel Project has begun.
f. Utilities
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The goal of the Sewer Department is to clean all 9,540 feet of sewer line by the end of the year.

The Elias well upgrade pump installation was started today and should be complete tomorrow.

No action taken.

11. City Council Announcements, Communications and Reports Councilmember Strong
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Economic Development & Financing Corporation (EDFC)- Next meeting is Late August.

Mendocino Solid Waste Management Authority (MSWMA)- Next meeting is Late August.

Sonoma Clean Power – Next meeting August 3, 2023.

Councilmember Rodriguez
 Mendocino Transit Authority (MTA)-
Willits City Council Minutes of July 26, 2023 Page 6 of 7 
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Dan Gjerde announced during the MTA meeting that the Willits Library has an evergreen corner, this allows members of the community to come to the library and learn more about how to become green.

Students at Mendocino College ride MTA Busses for free within Mendocino with their student school ID. Students may ride the bus to Santa Rosa with their student ID and an additional $5.

Narrowed down locations for the MTA Transit Center are Mason Street, Perkins Street, and the location behind Kohls. The location behind Kohls has received the most support from the community feedback.

On June 11, 2023, MTA received a letter from Mendocino Council of Governments (MCOG), stating that due to reduction in sales tax that MTA would receive $600,000 less in funding. After a meeting with MTA’s executive directors and two members of the MCOG’s management team it was determined that MTA would have to spend their Coronavirus Aid, Relief, and Economic Security Act (CARES) funding.

Mendocino County appears to have been more impacted than the other surrounding counties when it comes to sales tax received. MTA is looking for ways to ensure that this does not happen again. MCOG has reserve funds that are for MTA, but there is a policy that MTA cannot access these funds until the Fall. MTA is seeking an alternative policy to avoid this situation from happening in the future.

Finance Committee Meeting
Discussed financing procedures.

Councilmember Stranske
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Water/Wastewater Committee
There will be a new Maintenance Shed built at the sewer plant to store heavy equipment to protect from the weather changes. The finishing pond at the wastewater plant will need to be dredged.

Councilmember Gonzalez
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League of California Cities/Redwood Empire Division – Meets on August 18, 2023.

Water/Wastewater Committee
The Maintenance Shed at the Sewer Plant will be purchased through a cooperative bidding process and will be brought back to council in the near future.

The foundation pad will be built separately from the Shed.

Local Agency Formation Commission (LAFCo) – Meets on August 7, 2023.

Mayor Kanne (Via City Manager Bender)
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Mendocino County Museum –
Reviewed their budget.

Discovered a painting that they did not know they had, it was painted by Al Sondag in 1939.

There was discussion about changing bylaws due to lack of a quorum for their meeting. Changing the number of required members would allow for a small quorum to approve items in their agenda.

Public Comment: None presented.

No action taken.

12. Good & Welfare
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Councilmember Gonzalez – Attended the Compete Streets Forum at the Community Center. Was very impressed with Taylor Perry, City Planner, and the background work that she did for the forum.

Karen Stevenson, Human Resources Manager – Debie Tonelli, Dispatch Center Supervisor is Retiring after working with the Willits Police Department for 39 years, her last day is August 7, 2023, Retirement Party at the Broiler on August 19. Ms. Stevenson will inform the council when her final sign off will be.

Willits City Council Minutes of July 26, 2023 Page 7 of 7

13. Closed Session Notice
None presented.

14. Adjournment
Mayor Kanne declared the meeting adjourned at 9:50 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 7184 Electric Network Inc Nikolaus Kious 12215 N Friant Rd Fresno, CA 93730 6/19/2023 Electritian
7185 Travo's Repair LLC Travis Taylor 752 Coast St Willits, CA 95490 6/19/2023 Mobile Mechanic
New Business License - June 2023
6a
BL# Business Name Name Address Date Issued Type of Bussiness 7186 Park Associates Inc DBA Park Planet Dena Carter 415 Elm St Red Bluff, CA 96080 7/7/2023 prefabricated play
structures/ shade shelters
7187 J & A Electric Inc Jorge Alcazar 1341 N McDowell Blvd Suite B Petaluma, CA 94954 7/7/2023 HVAC
7188 Jared Schwebs CMT Jared Schwebs 175 S Humbolt St Willits, CA 95490 7/7/2023 Massage Therpy
7189 Hair By Amanda Hencz Amanda Hencz 871 S Main St Willits, CA 95490 7/7/2023 Cosmetologist
7190 Lit Electric Branden Ellis 9309 Kensington Lane
Windsor, CA 95492 7/21/2023 Electrical Contractor
7191 Redwood Forest Institute Mark Bello 280 E Commercial St Suite 185 Willits, CA 95490 7/21/2023 Non-profit
7192 April Harris Occupational Therapist April Harris 20 Northbrook Way Willits, CA 95490 7/21/2023 Occupational Therapist
7193 Everglow Aesthetics Katie Wilson 154 S Main St Wiliits, CA 95490 7/21/2023 Botox
7194 Fords Painting Terry Ford 2101 Valley Rd # B Willits, CA 95490 7/21/2023 Paint and Repair
7195 Guy Ford Maintenance Guy J Ford 32531 & 1/2 Simpson LN Fort Bragg, CA 95437 7/21/2023 Maintenance ( Residential and Commercial)
7196 McTECH Plumbing Maxwell McDougall 1544 Padula Drive Willits, CA 95490 7/24/2023 Plumber
7197 Ortiz Custom Builders Inc Graciano Ortiz-Montoya 613 4th St Ste 200 Santa Rosa, CA 95404 7/24/2023 General Contractor
7198 JTE Electrical Inc James Tidwell 101 National Dr Ste D, Sacramento, CA 95843 7/24/2023 Solar Electrical Contractor 7199 Granite Construction Company 1324 S State St Ukiah, CA 95482 7/25/2023 Construction
7200 Jack Marti's Signworks Jack Martin 109 E Fifth St Hanford, CA 93230 7/25/2023 Sign Installation
7201 Community Veterinary Clinics, LLC DBA VIP
Petcare
Robert Herrman 305 E Commerical St Willits,
CA 95490 7/28/2023 Veterinary Services
New Business License - July 2023
6b
7202 The Mane House Amber Otis 1722 S Main St Willits, CA 95490 7/28/2023 Miscellanous Cosmetology Practices
7203 Adam's Nails Van Nheim Mai 1472 S Main St Willits, CA 95490 7/28/2023 Nail Salon
7204 Apperson Energy Management Jim Apperson PO Box 366 Redwood Valley, CA 95470 7/28/2023 HVAC Services
7205 Seegert Construction Inc Steven Seegert 3098 Industrial Blvd W Sacramento, CA 95691 7/28/2023 General Contractor
7206 Defensible Space Solutions Jmaes Jimenez 27161 Tuck Place Willits, CA 95490 7/28/2023 Fire Prevention
7207 Bob Nishiyaha Investigation's Robert Nishiyaha PO Box 1197 Ukiah, CA 95482 7/28/2023 Investigations
7208 Trinity Drilling David Reinsma 114 Fern Street Santa Cruz, CA 95060 7/28/2023 Well Installations
7209 Paige Middaugh Paige Middaugh 1722 S Main St Willits, CA 95490 7/28/2023 Hair Salon
7210 Hair by Winter Winter Wilson 1722 S Main St Willits, CA 95490 7/28/2023 Hair Salon

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Item No. 8a
Meeting Date: August 9, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: REVIEW AND ACCEPT BY THE CITY COUNCIL A PROPOSAL BY TERRAIN

LANDSCAPE ARCHITECTURE FOR PROFESSIONAL SERVICES TO COMPOSE A MASTER PLAN FOR THE EAST COMMERCIAL STREET CORRIDOR.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 min Summary of Request: At the June 28th meeting, the City Council adopted a Resolution accepting the E.

Commercial Street Corridor Community Outreach and Program Development Document and authorized the City Manager to prepare a master plan for the Council’s adoption. The City Manager asked Terrain Landscape Architecture to submit a proposal for the task.

This effort refines the concepts described in the Outreach and Program Development Document and builds on its community engagement work. The proposal lists the project will provide the following deliverables:
(1) An overview of the planning context, process, and public input; (2) Design guidelines; (3) Diagrams of key areas; (4) A phasing strategy; (5) City Council Presentation; and (6) A master plan.

The proposal’s expense of $42,360 covers the work to compose comprehensive design diagrams of the following key subareas: (1) The northwest corner between Main and Commercial Streets; (2) Bud Snyder Park; (3) City Hall and adjacent streetscapes; (4) Athletic fields; and (5) Frontages and public spaces at the Library/Museum/Roots of Power. The Outreach and Program Development Document identified these subareas for subsequent in-depth analysis.

Attached is the submitted proposal for your review.

Recommended Action: Adopt the accompanying Resolution thereby assigning Terrain Landscape Architects with the task of completing a master plan for the E. Commercial Street Corridor consistent with the July 19th proposal.

Alternative(s): Do not accept the proposal and instruct the City Manager to find alternative planning strategies promoting improvements to parks and streetscapes.

Fiscal Impact: The adoption of the accompanying Resolution authorizes the Finance Director to appropriate $42,360 plus a ten-percent contingency for a total amount of not to exceed $46,596 to complete the E. Commercial Street Master Plan. The appropriation will utilize existing fund balance from the prior year bulk water sales revenue.

Personnel Impact: Thirty to forty-hours from Administration and Community Development Departments to review document drafts, organize public meetings and manage the project. 2021 Adopted Goals: This item helps to achieve Goal #2 for Public Works…Increase public use of facilities over the next three years to foster civic pride, improve health, and support recreation efforts for greater involvement in local government, dependent on financing.

LANDSCAPE SERVICES PROPOSAL
Terrain Landscape Architecture Page | 1 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com
Date: 07.19.2023
Project: City of Willits
East Commercial Street Corridor Master Plan Development Location: E Commercial Street, Willits, CA, 95490
Client: City of Willits
Contact: Brian Bender, City Manager, City of Willits
Proposed Scope of Services:

Terrain Landscape Architecture (TLA) is pleased to provide the City of Willits with this proposal for Master Plan services for the East Commercial Street Corridor. This proposal is for the following Scope of Services: Master Plan Development and Refinement.

Our Scope of Services and Fees are based on information garnered through the Phase 01 Community Outreach and Program Development for the East Commercial Street Corridor:
● Community Engagement and Public Participation
○ We understand the value of addressing concerns with community stakeholders during the master plan process to set the stage for future collaboration and implementation.
● Program Development Considerations
○ Using the work from the Phase 01 ECSC project, TLA will refine the master plan program to focus on the key elements identified.
● Overall Master Plan
○ An overall Master Plan of the ECSC will be developed based on the Phase 01 work and subsequent meetings with City staff and the community. ● Design Guidelines
○ Create a set of design guidelines that can be used to inform the implementation of further projects along the ECSC.

GOALS
• Utilize community and staff feedback gathered while creating the Phase 01 Community Outreach and Development report.
• Create a usable master plan document that can be utilized to identify, fund, and implement subsequent projects along the ECSC.
• Develop design guideline standards that integrate with the ideals of the DoT’s Complete Streets Initiative.

Terrain Landscape Architecture Page | 2 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com

SCHEDULE I
SCOPE OF SERVICES:

MASTER PLAN DEVELOPMENT
Following Client acceptance of the above scope of services, TLA will provide the following tasks:

A. EXISTING CONDITIONS BASE MAP (July 2023).
a. CAD Base Map Creation – Using photogrammetry data provided by LACO, site photography, and our previous on-site inventory, TLA will create a base map for the ECSC.
b. Evaluate Existing Conditions and Alternatives – Based on the Phase 01 ECSC work, we will determine which areas along the ECSC require improvements in conjunction with City Staff. Criteria will include accessibility, obstructions, design speed, user speed and safety, and facility conditions.

Anticipated Deliverables:
• ECSC CAD Basemap
• Remote Client Meeting + Review
B. EXPLORE CONCEPT ALTERNATIVES (August 2023).
a. Facilitate Coordination Meetings with City Staff.
b. Opportunities and Constraints; Utilizing the opportunities and constraints identified in Phase 01, TLA will develop several schematic layouts identifying key factors to address along the ECSC.
c. Develop Design Solutions; TLA will create 1-2 diagrammatic studies or overlays of key master planning concepts and elements to bring the ECSC up to regional standards.

This will involve the categories of improvement identified in the Phase 01 ECSC report. d. Prepare Detail Diagrams/Cross-Sections/Visualizations; TLA will develop detailed graphics of key areas to communicate possible improvements along the corridor.

Anticipated Deliverables:
• 1-2 Diagrammatic Studies of the ECSC
• Detail Diagrams of Key Areas
• Remote Client Meetings + Review
C. COMMUNITY OUTREACH (September-October 2023).
a. Facilitate Coordination Meetings with City Staff.
b. Stakeholder Outreach; During this process, TLA will conduct outreach to stakeholders and organizations as outlined in the Community Engagement and Public Participation section of the Proposed Scope of Services above.

Terrain Landscape Architecture Page | 3 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com
c. Community Meetings (2); TLA will conduct a maximum of (2) community meetings inperson to collect community input and direction. Stakeholders and the community will drive these meetings to build a consensus, promote stakeholder buy-in, and coordinate with other planning efforts.
d. Clear and Engaging Documents and Graphics; TLA will place a high priority on the creation and delivery of clear graphics to communicate our design intent.

Anticipated Deliverables:
• (2) On-Site Community Meetings
• Refined Diagrammatic Studies
D. DRAFT MASTER PLAN (October-November 2023)
a. Facilitate Coordination Meeting with City Staff.
b. Design Revisions; As appropriate, TLA will revise proposed design elements based on community feedback. These elements will be identified with City Staff and depend on the community’s reaction/input to design elements.
c. Prepare Draft Master Plan Graphic; TLA will prepare a Draft Master Plan incorporating community feedback from our initial Community Outreach Session. d. Prepare Detail Diagrams / Illustrations; These diagrams will further develop key challenge areas.
e. City Council Presentation (1); TLA will conduct a presentation to review the draft master plan with members of the City Council before finalizing the Master Plan.

Anticipated Deliverables:
• An overview of the planning context, process, and public input • Draft Design Guidelines
• Detail Diagrams of Key Areas
• Draft Phasing Strategy
• City Council Presentation
E. FINAL MASTER PLAN (November-December 2023)
a. Facilitate Coordination Meeting with City Staff.
b. Prepare Final Draft Master Plan; TLA will revise the Draft Master Plan per City Council and Community Feedback.
c. City Council Presentation (1); TLA will conduct a presentation of the final master plan and phasing strategy with members of the City Council.
d. Deliver Final Master Plan; TLA will package the entire master plan and its parts into a final deliverable package.
e. Provide Support in the Review Process.

Terrain Landscape Architecture Page | 4 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com
Anticipated Deliverables:
• An overview of the planning context, process, and public input • Design Guidelines
• Detail Diagrams of Key Areas
• Phasing Strategy
• City Council Presentation

SCHEDULE II
FEE PROPOSAL AND EXPENSES:
2013 JUL AUG SEP OCT NOV DEC
PHASE

1. EXISTING BASE
MAP

2. CONCEPT

ALTERNATIVES

3. COMMUNITY

OUTREACH

4. DRAFT MASTER PLAN

5. FINAL MASTER PLAN
Staff Coordination / Community Meeting / City Council

PHASE PVC SB EG CG
EXISTING CONDITIONS BASE MAP 6 6 0 14 $2,146.00
EXPLORE CONCEPT ALTERNATIVES 8 24 14 30 $7,488.00
COMMUNITY OUTREACH 20 23 0 30 $8,300.00
DRAFT MASTER PLAN 21 42 42 42 $14,217.00
FINAL MASTER PLAN 21 34 18 30 $10,209.00
MASTER PLAN SERVICES FEE: TOTAL 76 138 76 146 $42,360.00 PvC = Piper von Chamier / SB = Sam Bickel / EG = Erin Gambacorta / CG = Candace Gutridge 2023 STANDARD TLA HOURLY RATE SCHEDULE:

Principals…………..…………………………$115
Project Designer……………....……………$105
Draftsperson…………………………………$88

REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the above fees.

Reimbursable Expenses include printing, graphics, photography, reproduction, rental or purchase of special equipment and materials, long-distance telephone, telex, special shipping or delivery, models and renderings, and lodging. These expenses will be billed at cost plus 10%.

Terrain Landscape Architecture Page | 5 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com
Reimbursable expenses for reproduction, photography, telephone, mileage, fax, and correspondence will be billed monthly and accompanied by invoice documentation at cost plus 10%.

SCHEDULE III

PROPOSAL ASSUMPTIONS
A. SURVEY AND GIS DATA – Survey and GIS data provided by the owner will be used in the development of the Documents listed in the scope of services.

B. MEETINGS – All community meetings are to be held on-site. All client meetings are to be held over virtual meetings.

C. CLIENT APPROVALS – All Client approvals, changes, etc., are to be in writing; email is acceptable.

D. OPTIONAL 3D GRAPHICS/ILLUSTRATIONS – TLA is able to assist with COMPUTER model exhibits and graphic perspectives beyond the baseline plan and elevations on an oncall basis. This may be completed on a time and materials or lump-sum basis with two rounds of Client feedback per sketch.

E. TRAVEL – TLA will have to conduct the following visits to the City of Willits, (1) Existing Conditions Verification Visit and (2) Community Outreach Meetings. Travel time for these visits will only be charged one way.

SCHEDULE III

PROPOSAL EXCLUSIONS
The following items are not included in the Scope of Services above and shall be considered Additional Expenses if requested by the Owner and/or Client:

A. Any changes to the design after Client acceptance of the completed design documents and after work has commenced on the Preliminary Packet and Master Plan that may result in extra work prepared by TLA.

B. Phased work that was not outlined in the Scope of Services and results in the preparation of documents or services beyond what is covered in this Work.

C. Topographic / Boundary Survey.

D. Design Graphics: preparation of any Client requested graphics other than those included in the Scope of Services.

E. Site Certification documents (LEED, Green Globes or similar) unless originally included in the Scope of Services.

F. Any selection or specification of site furnishings.

G. Any design work for garden elements over a roof or other structural system.

All items noted in the Proposal Exclusions above will be performed at the Hourly Rate included in TLA’s Standard Hourly Rate Schedule unless an adjusted fee is agreed upon in writing with the Client.

Terrain Landscape Architecture Page | 6 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com

SCHEDULE IV

BILLING POLICIES
A. This SCHEDULE and these POLICIES are part of the letter of agreement.

B. Initialing this page will signify the Client’s intent to contract with TLA, LLC, an Oregon Business, for professional services.

C. Invoices are submitted by TLA, LLC. monthly. They are due and payable upon receipt and become delinquent if not paid in full thirty (30) days after their date. The client shall notify the landscape Architect of any dispute regarding invoices received within seven (7) days of receipt of the invoice. Only the disputed portion of the payment may be withheld. Interest charges will be applied at 1.5% per month to delinquent accounts.

D. Account delinquency will result in the stopping of work on the job by TLA, LLC. and any consultants. We reserve the right to stop work after sixty days past due. If such a decision to suspend work is made, TLA will notify the Client in writing seven days prior to the stoppage of work to enable accounts to be brought current. Work will commence upon payment of all fees and service charges due. In some cases, additional fee will be required to stop and restart work because of the account delinquency.

E. No deductions shall be made from the Landscape Architect’s compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors or on account of the cost of changes in the work.

F. In the event of any litigation or other legal action necessary for the collection of unpaid fees related to the services provided under this agreement, TLA, LLC., shall be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney’s fees, and other related expenses.

G. TLA shall retain Ownership of the design. TLA hereby grants to Owner a royalty-free license to reproduce, display, and use any designs, graphics, electronic files, or other copyrighted materials generated by TLA in the course of performing the Services under the Agreement for the purpose of: (a) Owner’s internal business use, and (b) marketing of the property through the design that may be offered by Owner, provided that attribution is made to Landscape Architect in any such use.

SCHEDULE V

TERMINATION
A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice.

B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination.

C. Upon not less than seven days written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client’s nonpayment.

INITIALS____________
Terrain Landscape Architecture Page | 7 541.500.4776
310 Oak Street, Ashland, OR, 97520
terrainarch.com

AGREEMENT OF PROPOSAL
The signing of this proposal constitutes an agreement to proceed. We will be pleased to answer any questions and go over the various provisions of this proposal. We also will be pleased to modify or revise the fee proposal as the scope is modified for additional services not listed at this time. We appreciate your consideration and look forward to the possibility of working with you. A signed letter of agreement and initialed policies will designate that this contract work has begun. This proposal is valid for thirty (30) days from the date of the proposal. Please do not hesitate to call should you have any questions.

Sincerely,

Samuel Bickel
Principal

TERRAIN LLC
_______________________________________
CLIENT
_____________________________________
Title___________________________________ Title __________________________ _______ Dated _______________________________ Dated _____________________________ __ Company Terrain Landscape Architecture, LLC Company ___________________________ Resolution No. 2023- August 9, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO REVIEW AND

ACCEPT BY THE CITY COUNCIL A PROPOSAL BY TERRAIN LANDSCAPE

ARCHITECTURE FOR PROFESSIONAL SERVICES TO COMPOSE A MASTER PLAN FOR THE EAST COMMERCIAL STREET CORRIDOR.

WHEREAS, the City of Willits maintains several facilities including the Recreation Grove Park and athletic field complexes along E. Commercial Street; and WHEREAS, besides the City’s facilities, E. Commercial Street features other public facilities and attractions including the Willits’ Branch of Mendocino County Library, the County Museum, the North Campus of Mendocino College, and Roots of Motive Power; and WHEREAS, the Willits City Council adopted Resolution 2022-29 on April 27, 2022 to earmark revenue generated by bulk water sales for operations, maintenance, and improvements to City Parks; and
WHEREAS, at the June 28th meeting, the City Council acted on the staff recommendation to accept the Community Outreach and Program Development Document and authorize the completion of a master plan for the E. Commercial Street Corridor by adopting Resolution 2023-42 to compose a plan to improve the functionality and aesthetics of City parks and athletic fields; and
WHEREAS, the City Manager asked Terrain Landscape Architecture to submit a proposal for master planning services based on the recommendations listed in the Community Outreach and Program Development Document; and
WHEREAS, the Community Outreach and Program Development Document will highlighted the following key subareas for further design analysis: (1) The northwest corner between Main and Commercial Streets; (2) Bud Snyder Park; (3) City Hall and adjacent streetscapes; (4) Athletic fields; and (5) Frontages and public spaces at the Library/Museum/Roots of Power; and
WHEREAS, a master plan of City recreation/athletic facilities satisfies expectations the City Council established through the 2021 Goal Setting Process; and WHEREAS, the City Manager will provide timely updates to the City Council on the creation of the Master Plan and will ensure the final draft contains an implementation schedule with obtainable benchmarks.

NOW, THEREFORE, the City Council of the City of Willits accepts the proposal submitted by Terrain Landscape Architecture to compose a master plan for the E. Commercial Street Corridor for a total amount not to exceed $46,596.

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, 9th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. 2023- August 9, 2023
______________________________
GRETA KANNE, Mayor
ATTEST: City Council of the City of Willits
____________________________

DELORES PEDERSEN
City Clerk
Item No. 8b
Meeting Date: August 9, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: REVIEW AND APPROVAL BY THE CITY COUNCIL OF PHASE THREE OF THE IT UPGRADE PROJECT AND THE SUPPORTING APPROPRIATIONS TRANSFER OF $181,000.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 min Summary of Request: Staff seeks the City Council to approve the necessary budget transfer from contingency to fund the IT Upgrade Project as defined by Apex Technology Management, the City’s IT consultant.

The goal of the IT Upgrade Project is to replace an outdated system that is vulnerable to external security threats and add capacity/flexibility for the coming years for the entire organization. The project stems from a comprehensive system assessment conducted by Apex last year and from this assessment, Apex designed a reinvestment plan phased over the next four-years.

The first phase consisted of stabilizing existing servers, networks/switches, and security & backup systems. The second phase saw the replacement of 35-desktops/laptops/screens throughout the organization to ensure no device was older than three-years to reduce servicing costs and improve reliability. We are now at the third phase involving the relocation of servers/components from City Hall to a secured room in the Police Department and installing a reliable internet connection to Service & Facilities offices and the Wastewater Treatment Facility. The fourth phase monitors the performance of the improvements and compile a renewal plan that specifies replacement schedules for inclusion in the Capital Improvements Plan.

Attached are the submitted quotes for your review.

Recommended Action: Adopt the accompanying Resolution to approve the IT Upgrade Project as described and authorize the Finance Director to transfer $181,000 from contingency funds to the IT budget to cover the project expenses.

Alternative(s): There is no viable alternative as this request addresses the legacy of decisions to defer maintenance in the organization’s IT capabilities.

Fiscal Impact: Staff requests the City Council to approve the accompanying Resolution allowing the Finance Director to transfer appropriations from contingency funds to the IT budget for the planned upgrades. The amount moved is not to exceed $181,000 from the contingency funds. The amount is the total from the submitted quotes plus $25K to cover unknown expenses ($180,940.61), rounded to $181K to simplify accounting. Apex notes there are intangibles that may add expense, and these include cable paths to the roof of the Justice Center, conduit into the Wastewater Treatment Plant and coordination with the County regarding a new antenna atop the Justice Center.

Personnel Impact: Twenty-hours from the Administration Department to coordinate project management with APEX.
2021 Adopted Goals: There are elements of this request that directly realizes Goal #1 under Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs. However, an investment in IT systems supports the entire organization to achieve as many goals as possible.

Resolution No. 2023- August 9, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO REVIEW AND

APPROVE PHASE THREE OF THE IT UPGRADE PROJECT AND THE SUPPORTING APPROPRIATIONS TRANSFER OF $181,000.

WHEREAS, the City of Willits retains Apex Technology Management, LLC (Apex) to provide managed services for information technology; and WHEREAS, Apex between June and August of 2022, performed an assessment of the City’s current IT system and identified criteria concerns stemming from a prolonged period of lack of reinvestment; and
WHEREAS, Apex subsequently created a phased plan to update the City’s IT system and now Apex is at the third phase of the plan; and
WHEREAS, the third phase includes the relocation of servers/components from City Hall to a secured room in the Police Department and installing a reliable internet connection to Service & Facilities offices and the Wastewater Treatment Facility; and WHEREAS, Apex estimates the third phase to cost $155,940.61 and advises to add another $25,000 to cover project intangibles for a total of $180,940.61 (rounded to $181K); and WHEREAS, staff seeks the City Council approve the transfer of $181,000 from contingency funds to the IT budget to accommodate the work associated with phase three.

NOW, THEREFORE, the City Council of the City of Willits authorities the Finance Director to transfer $181,000 from contingency funds to the IT budget to cover the expenses associated with phase three of the IT Upgrade Project.

AYES:

NOES:

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

DELORES PEDERSEN
City Clerk
Item No. 8c
Meeting Date: August 9, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION APPROVING A NON-BINDING MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF WILLITS AND THE SHERWOOD VALLEY BAND OF POMO INDIANS REGARDING WATER SERVICE EXTENSION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 min Summary of Request: The request is identical as first presented to the Council at the June 28th meeting when a motion to accept the staff recommendation to adopt the accompanying Resolution approving the MOU failed on a two-to-two vote. Being unchanged, the following narrative is from the June 28th documentation.

The City Council to adopt the accompanying Resolution approving a Non-Binding Memorandum of Understanding (MOU) between the Sherwood Valley Band of Pomo Indians and the City regarding the supply of potable water.

A representative of Sherwood Valley approached staff regarding the feasibility of the city providing potable water to their fifteen-dwelling, residential development at Mitomkai Way and a proposed community center in the vicinity on a tract of land to the west side of Eastside Road.

The MOU allows both entities to explore the practicality of the request through coordination with various governmental agencies/units and pursue the necessary grant funding to support the project. The City will utilize grant funds to implement upgrades to the Water Distribution System to ensure its ability to supply current needs and needs estimated for the Sherwood Valley request.

The MOU contains a provision that allows either entity to forsake any further participation with the MOU if they consider it is in their best interest to do so.

The Water & Wastewater Committee reviewed the MOU at their May 18th meeting. The Committee found no concerns with the MOU as presented and agreed to advise the City Council to adopt.

Josh Gravier, the Tribal Administrator only requested updates to the agreement’s designated signatories.

Recommended Action: Adopt the accompanying Resolution and authorize the City Manager to sign the MOU.

Alternative(s): None recommended.

Fiscal Impact: The fiscal effect is minimal at this initial phase as the City’s commitment consists of assisting Sherwood Valley staff and their consultants as they pursue funding to support the project. The City Council must provide approval to continue with subsequent project obligations and at that time, staff will provide a thorough fiscal analysis of a proposed project.

Personnel Impact: Staff time coordinating with the various assigned to the project. 2021 Adopted Goals: This item supports 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.

BETWEEN THE CITY OF WILLITS AND

THE SHERWOOD VALLEY BAND OF POMO INDIANS

REGARDING WATER SERVICE EXTENSION
This Non-Binding Memorandum of Understanding ("Agreement") is entered into as of ____________(the “Effective Date”), by and between the City of Willits (the "City") and the Sherwood Valley Band of Pomo Indians (the "Tribe") (referred to herein collectively as "the Parties" and as to each as a "Party"). The terms "City" and "Tribe" as used herein shall include the Parties' governmental entities, departments and officials unless otherwise stated.

RECITALS
WHEREAS, the Tribe owns land southwest of the City of Willits, which is held in federal trust, (referred to herein as the “Tribal Property”); and
WHEREAS, the Tribal Property is currently developed with a residential development and the Tribe proposes the construction of a new community center (referred to herein collectively as the “Development”); and
WHEREAS, the Development requires potable water services; and WHEREAS, the Tribe has requested potable water from the City by extending service to the Development (referred to herein as the “Project”); and
WHEREAS, both Parties agree it is in their best interests to mutually define the Development as a viable project and pursue funding opportunities to support the required infrastructure upgrades; and
WHEREAS, the City has provided services to the Tribe on other federal trust land in the past; and WHEREAS, the Mendocino County Local Agency Formation Commission (referred to herein as “LAFCO) has previously approved of the City providing water and sewer services to federal trust land west of they City; and
WHEREAS, the Tribe has agreed to initiate coordination with LAFCO in an effort to obtain approval of the Project; and
WHEREAS, the City and the Tribe seek to work together to expand potable water services to the Development, consistent with the aims of the Project; and WHEREAS, the Parties have agreed that the Tribe will seek funding for the Project and implement the Project at its sole cost and expense; and
WHEREAS, the City will use received funding to improve its water production and distribution system to ensure its capacity to supply the Development and future community needs; and 2 WHEREAS, this MOU is not intended to create a binding agreement between the parties, but instead is simply a non-binding statement reflecting the present intentions of the Parties to proceed in good faith as described herein. Each Party has the right to terminate this MOU and to cease the intent of this MOU at any time if a Party determines that it is not to the party's advantage.

AGREEMENT

1. RECITALS
The above recitals are true and correct and incorporated into this Agreement as though stated herein.

SIGNATURES ON FOLLOWING PAGE
3 IN WITNESS WHEREOF, this Agreement is executed by the City and the Tribe as of the Effective Date.

CITY TRIBE
City of Willits Sherwood Valley Band of Pomo Indians
a California Municipal Corporation
By:_________________________ By:_________________________ Brian P. Bender, Hazel Ramirez,
City Manager Sherwood Valley Chairwoman
Date: _______________________ Date: _______________________

ATTEST: ATTEST:

By: ___________________________ By: ___________________________ Delores Pedersen, Buffey Bourassa,
City Clerk Tribal Secretary
APPROVED AS TO FORM:

By ________________________________
Jim Lance, City Attorney
Resolution No. 2023- August 9, 2023
RESOLUTION NO. 2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO APPROVE A NONBINDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WILLITS AND

THE SHERWOOD VALLEY BAND OF POMO INDIANS REGARDING WATER SERVICE

EXTENSION AUTHORIZING THE CITY MANAGER TO SIGN SAID MEMORANDUM OF UNDERSTANDING.

WHEREAS, the City of Willits operates a municipal water system and currently provides potable water to accounts outside its incorporation limits; and WHEREAS, the Sherwood Valley Band of Pomo Indians has a fifteen-dwelling, residential development at Mitomkai Way and is proposing a community center in the vicinity on a tract of land to the west side of Eastside Road; and
WHEREAS, the Sherwood Valley Band of Pomo Indians inquired if the City of Willits is willing and has the capacity to supply potable to the residential development and the proposed community center due to limitations with sourcing groundwater to sustain these uses; and WHEREAS, the Sherwood Valley Band of Pomo Indians agrees to pursue funding to delineate and implement the project at its sole cost and expense; and WHEREAS, the City of Willits will apply received funding to accommodate the request by upgrading its water production capacity and extend supply mains to the subject sites; and WHEREAS, both entities acknowledge this Memorandum of Understanding is nonbinding and either entity may forsake any further participation if they consider it is in their interest to do so.

NOW, THEREFORE, the City Council of the City of Willits agrees it is advantageous to coordinate with the Sherwood Valley Band of Pomo Indians to mutually define a viable project and pursue funding opportunities to support the required infrastructure upgrades by approving the attached Non-Binding Memorandum of Understanding and authorizing the City Manager to sign the said MOU.

AYES:

NOES:

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

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

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Phillip Davidson, Code Compliance Officer
Agenda Title: INFORMATIONAL DISCUSSION REGARDING SENATE BILL 946 – SAFE SIDEWALK VENDING ACT (2019) AND SENATE BILL 972 – ENHANCING SAFETY OF SIDEWALK VENDING (JANUARY 2023).

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 min Summary of Request: The accompanying memo explains to the City Council of two Senate Bills (SB) 946 and 927 that change the way local government can regulate sidewalk vendors and peddlers. The bills decriminalize sidewalk vending and restrict fines that may be administered by local enforcement. Under the provisions set forth by SB 946 & 972, the City has limited ability to restrict or regulate sidewalk vendors.

Recommended Action: No Action.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: Some staff time to monitor increased number of sidewalk vendors. 2021 Adopted Goals: The Goals do not cover this topic.

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 _________ 1 Date: August 9, 2023
To: Honorable Mayor and Council Members
From: Phillip Davidson, Code Compliance Officer
Subject: Discussion of Senate Bill 946 Safe Sidewalk Vending Act & Senate Bill 972 Enhancing Safety of Sidewalk Vending
Introduction
The purpose of this report is to inform the Council of two Senate Bills 946 and 972 that change the way local government can regulate sidewalk vendors and peddlers. The bills decriminalize sidewalk vending and restricts fines that may be administered by local enforcement.

Senate Bill 946 | Safe Sidewalk Vending Act (2019)
According to SB 946 a sidewalk vendor is a person who sells food or merchandise on a sidewalk or pedestrian path. It does not apply to food trucks or anything with a motor.  What Local Authorities Can do:
• Limit hours of operation.
• Prohibit stationary sidewalk vending in residential areas but not mobile vendors. • Prohibit sidewalk vending near farmers’ markets, swap meets, and temporary special permit areas.
• Require sanitary conditions.
• Require vendors to comply with Americans with Disability Act (for example, vendors can’t block curb ramps, or make sidewalks inaccessible). • Require a permit or license.
• Request certain information about the business’ operations (name, mailing address, type of sale).
 What Local Authorities Cannot do:
• Require sidewalk vendors to operate in a specific area, unless local authority is restricting vending to protect the community’s health, safety, or welfare. • Require vendors to ask permission from businesses or property owners besides the city.
• Prohibit sidewalk vendors from operating in public parks, unless the park has a concession agreement, or the park is restricting vending to protect the community’s health, safety, or welfare.
• Restrict the number of sidewalk vendors, unless the city or county must restrict the number of vendors to protect the community’s health, safety, or welfare.

CITY OF WILLITS Gateway to the Redwoods
111 E COMMERCIAL STREET, WILLITS CA 95490 PHONE: (707) 459-7112 • FAX: (707) 459-1562 2 Senate Bill 972 | Enhancing Safety of Sidewalk Vending (January 2023) SB 972 revises certain equipment requirements, expands certain permitted food preparation practices, streamlines permitting processes for sidewalk food vendors and the operators of commercial kitchen spaces that will be used to support sidewalk vendors, and decriminalizes violations of CalCode by sidewalk food vendors (existing criminal penalties are replaced with fines).
 New Type of Food Facility:

Compact Mobile Food Operation (CMFO)
Stand, showcase, rack or display that offers more than 25 sq ft of prepackaged nonpotentially hazardous food (prepackaged chips, nuts, bottled drinks, and whole produce); or
A pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance – may be approved for sale of prepackaged potentially hazardous food or approved for limited food preparation.
 SB 972 expands food vending opportunities in three ways:

1. Reduces overall structural requirements for a food cart:
• No longer requires a three-compartment sink for limited food preparation carts if the operation has enough spare utensils.
• Must provide space to separate soiled and clean utensils. • Cannot handle raw meats, raw chicken, or raw fish on site. • No longer requires a water heater. Carts must have at least 5 gallons of water for handwashing (allows for smaller water tanks).
• Allows for smaller cart size since no utensil washing sink or water heater is required. • Allows for the use of auxiliary units to support handwashing and ware washing requirements for CMFO that do not handle raw meat, poultry or raw fish. • Allows up to 4 carts to share an approved auxiliary washing station when operating from an approved fixed location.
 There must be the person responsible for the auxiliary unit that obtains a permit.  Site plan must accompany the permit application identifying the location of the auxiliary unit(s).
• Allows local authorities to approve a “model standard plan” that complies with the new standards and the CA. Retail Food Code.

2. Reduces operational requirements for a food cart:
• Requires only a food handler card (not a food manager certification) • Expands what is allowed as a part of limited food preparation:

1. Hot (135 degrees) or cold (41 degrees), cold holdings require mechanical refrigeration.

2. Reheating

3. Cutting/slicing of produce or food for immediate service.

3. Allows for expanded Cottage Food Operations – Class B:
3 This type of CFO can sell home-kitchen prepared foods directly to the public or indirectly through restaurants and food markets. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. An indirect sale may be fulfilled in person, via mail delivery, or third-party delivery service. The current gross annual sales for a Class B operator are $150,000.

All CFOs must meet the requirements listed in the California Health and Safety Code, including but not limited to the following:
• Preparing and packing foods from the Approved Foods List • Completing a Cottage Food Operator Training within three months of registration/permitting
• Implementing sanitary operations
• Labels compliant with state and federal requirements
• Operating within the established gross annual sales limits • Registering or obtaining a permit from your local Environmental Health Department.

Consideration
Under the provisions set forth by SB 946 & 972, the City has limited ability to restrict or regulate sidewalk venders. However, the Willits Municipal Code includes provisions that set forth prohibitions to the location of sidewalk venders.

5.28.010 - Prohibited—Where.

It is unlawful for any person to sell or offer for sale any merchandise of any description from either stationary or portable stands or from vehicles upon either Main or Commercial Streets, or upon any side street within one block distant from either Main or Commercial Streets in the City.

Recommendations:
• Update Municipal Code to differentiate and define sidewalk vendors/peddlers from mobile food trucks.
• Direct staff to formulate an Ordinance to regulate sidewalk vendors considering safety and health factors.

Item No. 9b
Meeting Date: August 9, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Olivia Grupp, Services & Facilities Director
Agenda Title: ADOPT A RESOLUTION AUTHORIZING THE ADVERTISEMENT OF THE STEEL WATER MAIN REPLACEMENT PROJECT (PROJECT NO. 2023-08/Brown Water Abatement).

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: Project No. 2023-08, or more commonly referred to as the 2023 Brown Water Abatement Project is intended to replace the last remaining steel water line segments within the City.

There are six separate locations included in the project which include:
1-West Van Lane
2-East Van Lane
3-Muir Lane
4-Magnolia Street
5-North Street
6-Madrone Street
In total, there will be approximately 1,879 linear feet of new PVC water line installed and 32 service lines replaced. The expectation with the replacement of steel water lines is to lessen the occurrences of brown water episodes.

LACO has provided 95-percent plans, which are under review by City staff. This project is scheduled to start construction in late fall.

Staff anticipates this project will be categorically exempt from CEQA.

Recommended Action: Adopt the accompanying Resolution authorizing advertisement of the Water Main Replacement Project, Project No. 2023-08.

Alternative(s): None.

Fiscal Impact: The engineer’s estimated cost of construction is $969,000. The Water Enterprise Fund (Fund 503) contains sufficient funds (currently at $5.8-million) to cover the project costs.

Personnel Impact: Staff time will be allocated to this project over the coming months to administer the bid, award and manage the project.
2021 Adopted Goals: The proposed project fulfils 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.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING ADVERTISEMENT OF THE STEEL WATER MAIN REPLACEMENT, PROJECT NO. 2023-08.

WHEREAS, the City aims to address aging infrastructure at its end of its functional lifespan, reduce ongoing maintenance and implement the Brown Water Abatement Program through replacement of existing steel water mains; and
WHEREAS, this project includes all known remaining steel pipe within the City Limits; and WHEREAS, approximately 1,879 lineal feet of PVC will replace existing steel lines on East Van, West Van, & Muir Lanes, Magnolia, North and Madrone Streets. Furthermore, the project replaces the section of water pipe spanning the East Commercial Bridge; and WHEREAS, this project incorporates two budgeted Capital Improvement Projects: North Street Water Main Replacement and Madrone Water Main Replacement; and WHEREAS, the City contracted with LACO Associates, under the On-Call Engineering Services Agreement to develop plans and specifications for the project; and WHEREAS, plans and specifications are being finalized and, in the interest of time, staff is requesting authorization to advertise as soon as the plans are considered final; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits authorizes advertisement of the Steel Water Main Replacement, Project No. 2023-08 when the plans are deemed final.

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 9th day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

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

DELORES PEDERSON
City Clerk

Willits City CouncilAugust 9, 2023

Willits City Council
August 9, 2023