111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
WILLITS CITY COUNCIL
AGENDA
OCTOBER 11, 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. Mendocino County Third District Update – County Supervisor, John Haschak. b. Little Lake Fire Protection District Update August – Written Report.
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. September 27, 2023
6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. None.
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. To approve Amendment #1 to the on-call Engineering Services Contract with SHN Consulting Engineers & Geologists including a sustaining budget increase of $161,623.07. b. Verbal Reports – No Action.
Willits City Council Agenda – October 11, 2023
i. Announcement of the E. Commercial Street Corridor Master Plan Open House – October 18th between 11:30 AM and 1 PM and from 5:30 to 7 PM at the Community Center. ii. Harvest Moon Celebration observations – Taylor Perry, Senior Planner. iii. Update - West Mendocino Rehabilitation Phase I Project. – Walter Kolon, Services and Facilities Director.
9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Update on the Revised Personnel, Policies and Procedures Manual that Establishes Guidelines for all City of Willits Employees to Follow as a Condition of Employment.
Presenting Staff Member: Karen Stevenson, Human Resources Manager.
10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) a. None presented.
11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS
12. GOOD & WELFARE
13. CLOSED SESSION NOTICE
a. Conference with legal counsel - existing litigation (Govt C §54956.9 (d)(1)), Natalie Higley v.
City of Willits, et al, Mendocino County Superior Court, case no: 23CV00498.
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 7th day of October, 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.
Little Lake
Fire PROTECTION District
__________________________________________________________________________________________________ 74 E. Commercial St. Willits, California 95490
(707)459-6271
City Council Meeting: 10/03/2023
Fire Department Update
Calls to Service: We had 47 calls during the month of August. 15 fires, 22 rescues/emergency medical calls/traffic collisions, 3 calls for service, and 7 false alarms.
Around the Firehouse
We are pleased to recognize Deputy Chief John Thomen for his 40 years of service here at Little Lake Fire Department. John is our everything around our department. John is a wonderful co-worker and is irreplaceable on so many levels. We have also been busy with public education speaking at fire associations and school functions. Deputy Chief Thomen and Fire Marshal/BC Eric Alvarez were recently on a strike team.
Training
Our volunteers and staff have been training on evenings and weekends on some of our new equipment. Our UTV trainings have been on Sundays and our new Type 6 and Type 3 Engines have been training in the evenings. A minimum of 20 hours a month is required for our volunteers and staff.
With those requirements, association meetings and public functions, our volunteers and staff put in countless hours and therefore getting harder to retain volunteers. Our department would not be who we are today without our volunteers. We have a firefighter who is currently in Paramedic school and one that has recently completed their schooling and a graduate. To be a paramedic it is a minimum of 1090 hours of schooling and internships, not including any pre-requisites they have to take before starting the program as well as still responding to fire calls.
Equipment
Maintenance of our engines have been keeping our staff busy. We are extremely fortunate that John is also a mechanic so most of our engines are repaired in-house which keeps our expenditures at a minimum. Our Type 6 will be in service shortly. Our Type 3 should be in service in the next month. We have to fully outfit the engines and with their limited time due to call volume, it is not uncommon for staff to come in on the weekends to work on their own time. Staff is also working on some grants for turnout gear and SCBA's (breathing apparatuses).
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX
WILLITS CITY COUNCIL
MINUTES
WEDNESDAY, SEPTEMBER 27, 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; Walter Kolon, Services and Facilities Director; James Conner, Interim Police Chief; Michelle Coleman, Office Assistant III; and Delores Pedersen, City Clerk.
City Clerk Pedersen reported that the closed session item: Conference with legal counsel - existing litigation (Govt C §54956.9 (d)(1)), Natalie Higley v. City of Willits, et al, Mendocino County Superior Court, case no: 23CV00498, would be postponed to the October 11th meeting.
2. Public Communications
None presented.
3. Public Matters
None presented.
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. September 13, 2023.
Public Comment: None presented.
Moved by Strong/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. Business License Activity Report – August 2023.
b. Building Activity Report - August 2023.
7. Commissions, Agencies and Authorities
None presented.
8. City Manager Reports and Recommendations
Willits City Council Minutes of September 27, 2023 Page 2 of 5 a. To approve a proposal to retain EBA Engineering for Hydrologic Services to conduct limited arsenic soil and groundwater study.
Public Comment: None presented.
Moved by Gonzalez/Seconded by Stranske and carried unanimously to adopt Resolution No. 2023-58 to retain EBA Engineering for hydrogeologic services to conduct a limited arsenic soil and groundwater study.
b. Introduction of Walter Kolon as the new Services and Facilities Director.
City Manager Bender introduced Walter Kolon as the new Services and Facilities Director, he has brought extensive knowledge of construction practices and management as well as project management. Services and Facilities Director Kolon was able to get the W. Mendocino Project Phase I up and running and eased the rough spots that were encountered during the beginning of the project.
Councilmember Rodriguez asked questions regarding the timing of the Project taking place while school was in session. Can we share with the community what changes may have happened. Services and Facilities Director Kolon reported that Argonaut Constructors have shifted the starting point of the construction to lessen the impact, hoping this will give the school the opportunity to understand the traffic patterns. The City and Contractor will be keeping the community informed with updates via Social Media and Website Posting.
c. Verbal Reports – No Action.
i. Options to encourage and/or assist property owners to replace aging water supply lines to lessen brown water occurrences.
City Manager Bender reported that the City would like to put together a program to assist property owners in replacing aging water lines on their properties.
Council member Rodrigues would like to see the City come up with a plan for residents to receive bottled water during brown water incidents.
Mayor Kanne asked if there could be an external audit of the water distribution system? Councilmember Rodriguez inquired if the water is being tested when it is brown, is it safe for use. Vice Mayor Gonzalez stated that when he attended the League of California Cities Conference the previous week, he learned that other cities are experiencing the same issues as we are.
This Saturday, September 30, 2023, is the Harvest Moon Festival, the Community Development Department and the Police Department will have booths at the event.
Public Comment: None presented.
9. Department Recommendations (Action Items)
a. Adopt a Resolution Awarding a Contract to DMR Builders, for Rodeo Grounds Bathroom and Concession Stand Repair Project 2023-06, for a total amount not to exceed of $248,848.00 and Authorize the City Manager to Execute Contract Documents and Change Orders up to 10-Percent of the Total Amount of Construction.
Presenting staff member: Davey Bowles, Building Official.
Public Comment: None presented.
Moved by Gonzalez/Seconded by Rodriguez and carried unanimously to adopt Resolution No. 2023-59 awarding a contract to DMR Builders for the Rodeo Willits City Council Minutes of September 27, 2023 Page 3 of 5 Grounds Bathroom and Concession Stand Repair Project No. 2023-06 for a total amount not to exceed of $248,848.00 and authorize the City Manager to execute contract documents and change orders up to 10-percent of the total cumulative amount of construction.
b. Discussion and Possible Action on the Caltrans Proposed Willits Main Street Safety Enhancement Project.
Presenting staff member: Dusty Duley, Community Development Director Public Comment: None presented.
Moved by Rodriguez/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-60 acknowledging lack of support for the Caltrans proposed Willits Safety Enhancement Project on State Highway 20/South Main Street. c. Adopt a Resolution Approving a Contract with Avenu Insights & Analytics to Provide Compliance Auditing and Facilitate the Collection of Business License Renewal Services.
Presenting staff member: Manuel J. Orozco, Finance Director Public Comment: A community member suggested that the city add water bill/sewer bills and other outstanding bills to the Avenu Services.
Moved by Rodriguez/Seconded by Gonzalez and carried 4/1 with Stranske Dissenting to adopt Resolution No. 2023-61 authorizing the contract with Avenu Insights & Analytics to provide collection and compliance auditing services for business license fees with the following conditions, Staff provide opportunities for training for business owners on using the Avenu Program, and mail step by step instructions of how to use the Avenu Program to business owners.
10. Department Monthly Reports
a. Airport
Assistant City Manager Moorhead reported that the fuel station is up and running after being down for 10 months. She thanked the airport tenants for their patience during this time.
b. Community Development Department
Community Development Director Duley stated that he feels blessed to work with those in the Community Development department. He reported that Taylor Perry has been promoted to Senior City Planner.
Davey Bowles recently attained his Code Compliance Officer Certification. If the City is successful in receiving the Clean California Grant, there are plans for a banner location at the corner of Wood St. as well as streetlights to augment the existing lighting on Main Street. There are hopes that an announcement will come out on Friday as to the Grant Award Recipient.
Councilmember Stranske asked what the cost of the trail is estimated to be? Community Development Director Duley responded the cost is estimated to be over seven million dollars and an additional five hundred thousand being paid for mitigation.
Councilmember Rodriguez asked when citizens will be able to apply for the Grant loans to help fix their homes and if they utilize the loans when and how do they pay it back. Community Development Director Duley responded the City is working with consultants to get program details together to present to council for approval. The program should be up and running by July 2024.
Willits City Council Minutes of September 27, 2023 Page 4 of 5 c. Finance
Councilmember Stranske asked if the City will be recouping some of the costs of the Landfill from the County of Mendocino. Finance Director Orozco stated that he is sending a letter of transmittal to the County regarding the financial commitment they have to the city for the Landfill.
d. Police Department
Chief Conner reported that recruitment efforts are paying off, one of the existing senior officers has completed the field training program, this will allow him to continue the training of the two police officer trainees currently on staff. There are some excellent candidates to potentially fill some vacancies the department currently has.
e. Services and Facilities - No further comments.
f. Utilities – No further comments.
No action taken.
11. City Council Announcements, Communications and Reports Councilmember Strong
Economic Development & Financing Corporation (EDFC) - Struggling with transition of not being under the Brown Act rules and will not have two District Supervisors official representatives. Bylaws are having to be changed and adjustments to handling a quorum are being made. Councilmember Strong had to leave the meeting early so she was unsure of what adjustments were made.
Mendocino Solid Waste Management Authority (MSWMA) - Council member Strong has requested written reports from contractor that is handling services and an update to a realistic budget. She is hoping these requests will happen before the next meeting.
Sonoma Clean Power – Will meet October 5th.
Councilmember Rodriguez
Mendocino Transit Authority (MTA) - Conversation was exclusively around the topic of the Transit Center and the possibility of changing the name to a Mobility Center, to eliminate the focus of buses being the only mode of transportation. Would like to create a hub in Mendocino County so that, whether you are riding a bike or doing car share, it could be utilized by all. The majority of the board went with consultants’ recommendation to apply for a grant based on the selected site, just north of Kohl’s.
Councilmember Stranske
Willits Frontier Days Ad Hoc Advisory Committee – Will meet on September 28th.
Councilmember Gonzalez
League of California Cities/Redwood Empire Division – Councilmember Gonzalez is now the 1st Vice President of the Redwood Empire Division. Leslie Castiano, of Eureka, is now the President of the Division.
Water/Wastewater Committee – Meets on October 17, 2023.
Mayor Kanne
Mendocino Council of Governments (MCOG) – Meets October 2, 2023.
No action taken.
12. Good & Welfare
Councilmember Strong reported that on October 8th Willits Economic LocaLization (WELL) is having the 5th in their series on Building Community, the topic is Farm to School Grant Opportunities. A representative from the California Department of Food and Agriculture will be the guest speaker. They have sixty million dollars to distribute statewide for any program that improves the quality of food for students. The event will Willits City Council Minutes of September 27, 2023 Page 5 of 5 be at the Little Lake Grange at 4:00 pm, there will also be a Blue Zones cooking demonstration at 3:00 pm on the same day.
October 16th at 5:00 pm the School of Adaptive Agriculture will be having their Harvest Dinner and Anniversary Celebration at the Little Lake Grange. Councilmember Rodriguez Expressed her excitement about J&J Pumpkin Patch in the community.
Adjourned to Closed Session at 8:29 p.m.
13. Closed Session Notice
a. Pursuant to Government Code §54957 – Public Employee (Annual) Performance Evaluation – City Manager
The City Council reconvened to open session at 9:55 p.m. with no action to report from Closed Session.
14. Adjournment
Mayor Kanne declared the meeting adjourned at 9:55 p.m. _____________________________
GRETA KANNE, Mayor
City Council for the City of Willits
ATTEST:
__________________________
DELORES PEDERSEN
City Clerk
Item No. 8a
Meeting Date: October 11, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: TO APPROVE AMENDMENT #1 TO THE ON-CALL ENGINEERING SERVICES
CONTRACT WITH SHN CONSULTING ENGINEERS & GEOLOGISTS INCLUDING A SUSTAINING BUDGET INCREASE OF $161,623.07.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: The City Council at the August 11, 2021, meeting approved five professional services contracts with different firms for on-call engineering services for a cumulative total of $900,000 over a three-year term.
The Council approved the following firms with their allocations: (1) LACO Associates-$400K; (2) SHN Consulting Engineers & Geologists-$200K; (3) EBA Engineering-$200K; (4) Pope Engineering-$50K; and Tall Trees Engineering-$50K. The process adhered to the Caltrans Local Assistance Procedures Manual protocol for procuring on-call engineering contracts as a means to qualify for reimbursement for State and Federal funding eligible projects.
When presented to the City Council, staff noted the assigned amounts were estimates and contracts for specific firms may need amending in the future.
Now, staff requests the City Council to consider an increase of $161,623.07 for SHN Consulting Engineers & Geologists. The request covers $29,023.07 already billed for provided services and $110,500 the firm estimates is necessary to support three task orders. These task orders consist of the bid package of the Wastewater Treatment Facility equipment shed ($27K), the 2024 Pavement Preservation Plan (PPP) design ($75K), and the 2024 Striping bid package ($8K). SHN also proposes a 20-percent contingency of $22,100 to offset any hurdles these tasks may experience. The Capital Improvements Plan lists all three projects, and the Budget contains funding for the equipment shed and for pavement striping. Currently, the proposed 2024 PPP has a project estimate of $935K with approximately $800K of that amount already contained in the Budget. The City is required to award a construction contract for the 2024 PPP by March 31st.
Recommended Action: Adopt the accompanying Resolution to approve Amendment #1 to the SHN Consulting Engineers & Geologists on-call engineering services contract with a corresponding allocation increase of $161,623.07 to sustain the three described task orders and authorize the Finance Director to increase appropriations to cover the agreement including a 20-percent contingency.
Alternative(s): Instruct the City Manager to delay the listed projects or authorize the hiring of additional staff to complete the projects internally.
Fiscal Impact: The Finance Department anticipates the increase in the on-call services to be offset by salary savings from unfilled positions. To support the request, the recommendation is to have the Council authorize the Finance Director to increase appropriations from the Transportation and Wastewater Funds.
Personnel Impact: Upwards of ten-hours of staff time per week for the next eight-months shared between the Service and Facilities and Administration for project management. 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.
California Environmental Quality Act: No action is necessary at this time.
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 _________ Phone: (707) 459-4518 Email: [email protected] Web: shn-engr.com 335 S. Main Street, Willits, CA 95490-3977
CIVIL ENGINEERING • ENVIRONMENTAL SERVICES • GEOSCIENCES • PLANNING • SURVEYING City of Willits
2021-2024 On-Call Engineering Services
Contract Amendment Summary
October 03, 2023
Upcoming Task Orders (Approximate Budget)
WWTP Building Civil/Structural Design ($27,500.00)
2024 PPP Streets Design ($75,000.00)
2024 Striping Bid Package ($8,000.00)
Contract Summary
• Current contract: $200,000.00
• Total billings to date: $229,023.07
• Approximate fees for upcoming task orders: $110,500.00 • 20% Con/ngency for work beyond upcoming task orders: $22,100 • Proposed contract amendment: $161,623.07
Resolution No. 2023- October 11, 2023
RESOLUTION NO. 2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO APPROVE AMENDMENT #1 TO THE ON-CALL ENGINEERING SERVICES CONTRACT WITH SHN
CONSULTING ENGINEERS & GEOLOGISTS INCLUDING A SUSTAINING BUDGET INCREASE OF $161,623.07.
WHEREAS, the City of Willits has an ongoing need for a wide variety of engineering and project development services to supplement City’s workforce and provide services beyond City staff’s expertise; and
WHEREAS, the Willits City Council at their August 11, 2021, meeting, approved five professional services contracts with different firms for on-call engineering services for a cumulative total of $900,000 over a three-year term; and WHEREAS, staff effectively used the five firms to assist with various projects over the last two-plus years especially as the City incurred staffing changes and Departmental reorganizations during those years; and
WHEREAS, now staff recognizes there is a need to amend the professional services contract with SHN Consulting Engineers & Geologists for on-call engineering services to continue providing the level of assistance required to complete three task orders; and WHEREAS, the task orders are for the bid package of the Wastewater Treatment Facility equipment shed, the 2024 Pavement Preservation Plan (PPP) design, and the 2024 Striping bid package; and
WHEREAS, to complete the task orders SHN Consulting Engineers & Geologists submitted a contract amendment summary with an approximate budget of $161,623.07 including a 20-percent contingency; and
WHEREAS, the Finance Department expects to recoup savings from the unfilled staff positions that will offset the increase allocation needed to sustain Amendment #1.
NOW, THEREFORE, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits approves Amendment #1 to the professional services contract held by SHN Consulting Engineers & Geologists for on-call engineering services and hereby authorizes the Finance Director, or his/her designee, to appropriate $161,623.07 to the designated Engineering, Transportation, Sewer, and Water Funds to maintain Amendment #1 as described.
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 11th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
GRETA KANNE, Mayor
ATTEST: City Council of the City of Willits
____________________________
DELORES PEDERSEN
City Clerk
1 A
Date: 10/6/23
To: City Council
From: Karen Stevenson, Human Resources Manager
Subject: Revised Personnel Policies and Procedures Manual Council Members,
On September 13, 2023, the Council granted a conditional 30-day approval of the revised City of Willits Personnel Policies and Procedures Manual, with the direction to bring the final version back for the Council to revisit for possible changes.
I made one change, which is the addition of a Code of Ethics statement, which will be found on page three of the final version. Unfortunately, I was out of the office for two weeks and unable to meet and confer with both the Police Officer Association (POA) and the International Brotherhood of Electrical Workers (IBEW) unions on the final change.
In addition, it was brought to my attention that Nicole Caldwell, IBEW union steward, shared with the Council corrections or changes she felt were needed for the manual. Unfortunately, those suggested edits have not been shared with me and the IBEW Business Rep was also not aware of what they are.
I have sought an extension from Employment Risk Management Authority (ERMA) through November 10, 2023. I would like to be provided with Nicole’s suggested changes and have an opportunity to review them and discuss them with the IBEW Business Representative, and the POA, if necessary.
I will bring the final version to the November 8, 2023, Council for your consideration and approval.
Memorandum 111 E. Commercial StreetWillits, California 95490 Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
Human Resources
9a