Willits City Council
October 25, 2023

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

WILLITS CITY COUNCIL
AGENDA
OCTOBER 25, 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. Little Lake Fire Protection District – Update in Packet. b. Quarterly Update by the Willits Chamber of Commerce. c. First Reading and Introduction of an Ordinance Adding Chapter 8.10 Mandatory Organic Waste Disposal Reduction, to Title 8 (Health and Safety) of the City of Willits Municipal Code to Comply with the Requirements of SB 1383.

4. ENACTMENT OF ORDINANCES
a. None presented.

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. October 11, 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 – September 2023.
b. Building Permit Activity Report – September 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
Willits City Council Agenda – October 25, 2023

a. Verbal Reports – No Action.
i. E. Commerce Street Corridor Master Plan Open House.
ii. W. Mendocino Avenue Project, Phase One Update.
iii. Rodeo Grounds Concession Stand and Restrooms Restoration Project.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Personnel, Policies and Procedures Update.

Presenting staff member: Karen Stevenson, Human Resources Manager.

10. DEPARTMENT MONTHLY REPORTS
a. Airport. b. Community Dev. c. Finance. d. Police Dept. e. Services & Facilities. f. Utilities.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None presented.

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 19th 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: 10/13/2023
Fire Department Update
Calls to Service: We had 49 calls during the month of September. 6 fires, 27 rescues/emergency medical calls/traffic collisions, 3 calls for service, and 13 false alarms. Little Lake also provided mutual aid to a structure fire in Redwood Valley as well as a wild land fire in Ukiah.

Around the Firehouse
We have been working hard on some grants. We are in desperate need of SCBA's (breathing apparatuses) which run about $8,000.00 per apparatus with cylinders, face pieces etc.. . The state is constantly changing requirements which makes it difficult for small departments to keep up with new regulations. Since we have been running on the same operating budget for 23 years, we depend on grants to keep up with regulations. Staff is planning on handing out Halloween candy in the bay here at the new firehouse this year until 8PM. Unfortunately we were not able to get enough volunteers to put on the drive through this year. With all the fire calls, trainings and family obligations, it is getting difficult for our volunteers to put in more time. Burn ban has been lifted as of October 11th, 2023.

Training
Our training officer Jeff Donaldson recently attended a lithium battery training seminar. Lithium batteries (EV cars, etc... ) are extremely dangerous for first responders. The class was taught by a firefighter who survived a lithium battery explosion and Jeff will be training our volunteer firefighters with the information he has learned. We have 3 firefighters that will be attending a hazardous materials class, 4 will be attending a driver operator class (driving engines) and our Fire Marshal has been attending an inspector series class in Sacramento area the last few months and will continue until the end of the year.

Equipment
We are still training on our new Type 6 Brush Truck and our new Type 3 Engine 5469. We are hoping they will be in service soon.

Item No. 3c
Meeting Date: October 25, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Taylor Perry, Senior City Planner
Agenda Title: FIRST READING AND INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 8.10 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8 (HEALTH AND SAFETY) OF THE CITY OF WILLITS MUNICIPAL CODE TO COMPLY WITH THE REQUIREMENTS OF SB 1383.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 minutes Agenda Summary:

Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations to reduce organic waste statewide by 50- percent from its 2014 baseline level by 2020 and 75-percent by 2025. SB 1383 also requires the regulations to recover, for human consumption, at least 20-percent of edible food that is currently thrown away.

The purpose of SB 1383 is to reduce methane and greenhouse gas emissions resulting from landfilled organic waste, and the impact on climate change. The regulations promulgated by CalRecycle to implement SB 1383 (the “SB 1383 Regulations”) were finalized in late 2020 and took effect on January 1, 2022. The SB 1383 Regulations require the City to adopt and enforce an ordinance to implement the SB 1383 Regulations (this “SB 1383 Ordinance”).

The language in the proposed Ordinance has been crafted directly from CalRecycle's Model Ordinance and tailored to align with waste management operations and our Willits Municipal Code. The SB 1383 Ordinance will require all residents and businesses to subscribe to organic waste collection services and source separate organic waste from solid waste and recyclables. The Ordinance requires education and outreach to individuals and businesses who generate waste on how they can properly sort materials for collection, the implementation of an edible food recovery program, inspections to ensure compliance with the SB 1383 Regulations, and enforcement for non‐compliance with the SB 1383 Regulations.

Furthermore, CalRecycle administers a non-competitive grant program aimed at aiding local jurisdictions in the implementation of regulations associated with SB 1383. This grant program covers areas such as capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation, procurement requirements, and record-keeping. It is essential to highlight that applications for Fiscal Year 2022-23 are due on November 15, 2023. One critical eligibility requirement for the application is the adoption of this Ordinance.

Attachments:

1. Ordinance
Exhibit A: Mandatory Organic Waste Disposal Reduction
Recommended Action:

1. Conduct first reading, by title only, and introduce an Ordinance adding Chapter 8.10 of Title 8 (Health and Safety), Mandatory Organic Waste Disposal Reduction, to the Willits Municipal Code in order to comply with the requirements of Senate Bill 1383 (SB 1383).

2. Schedule second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting, on November 8, 2023.

Alternative(s): None.

Public Notification: The agenda was posted in accordance with the Brown Act. Staff posted the notice at City Hall on October 17th and submitted to Willits Weekly on October 19th.

Fiscal Impact: There is no direct fiscal impact for adoption of the Ordinance. Failure to introduce and adopt the Ordinance in a timely manner could subject the City to penalties imposed by CalRecycle, which can be up to $10,000 per day.

Personnel Impact: Additional staff time for enforcement actions, procurement, public outreach, and reporting and enforcement of the edible food recovery program. 2021 Adopted Goals: This item indirectly supports Policy 2.3 under Goal #2 for the Community Development Department. Policy 2.3 calls for the funding and implementation of a comprehensive Code Enforcement Program. The successful receipt of the agency’s grant will contribute to the budget allocation(s) for the Code Enforcement Program.

California Environmental Quality Act: This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which enhance and strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ STAFF REPORT: Ordinance 2023 - 01
PAGE 1 of 4

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 25, 2023 AGENDA ITEM NO: 3c
TO: Honorable Mayor and Members of the City Council
PREPARED BY: Taylor Perry, Senior City Planner
SUBJECT: First Reading and Introduction of an Ordinance Adding Chapter 8.10 Mandatory Organic Waste Disposal Reduction, to Title 8 (Health and Safety) of the City of Willits Municipal Code to Comply with the Requirements of SB 1383.

RECOMMENDATIONS:

1. Conduct first reading, by title only, and introduce an Ordinance adding Chapter 8.10 of Title 8 (Health and Safety), Mandatory Organic Waste Disposal Reduction, to the Willits Municipal Code in order to comply with the requirements of Senate Bill 1383 (SB 1383).

2. Schedule second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting, on November 8, 2023.

BACKGROUND:

The City of Willits currently provides solid waste disposal services in accordance with Chapter

8.08 (Solid Waste and Recycling) of Title 8 (Health and Safety) of the Willits Municipal Code (WMC), with Solid Waste of Willits (SWOW) serving as the City's franchisee responsible for solid waste collection services within the community.

The Community Development Department is now asking the City Council to consider introducing an Ordinance that would add Chapter 8.10 to Title 8, titled "Mandatory Organic Waste Disposal Reduction," to the Willits Municipal Code. This addition to the WMC is essential to ensure the City’s compliance with the requirements of California State Senate Bill 1383 (SB 1383), ensuring eligibility for future grant funding provided by CalRecycle.

SB 1383, signed into law on September 19, 2016, aims to reduce organic waste disposal to landfills from 2014 levels by 75-percent and increase Edible Food Recovery by 20-percent by 2025. SB 1383 is one of the most significant waste reduction mandates to be adopted in the State of California in the last 30-years, and it requires all jurisdictions in the state that provide solid waste collection and disposal services to implement a mandatory organic recycling ordinance by January 1, 2022.

This legislation requires all businesses, residents, and multi-family apartments to have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials to reduce the production of methane gas. This law has significant policy and legal implications for State and local governments, including cities, counties, and special districts that provide solid waste services.

In accordance with SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), the State Department tasked with administering California's waste and recycling STAFF REPORT: Ordinance 2023 - 01
PAGE 2 of 4
programs, developed prescriptive regulations to achieve the state's outlined organic waste disposal goals by 2025. In November 2020, CalRecycle released the final regulations for SB 1383.

DISCUSSION:

The language in the proposed SB 1383 Ordinance has been directly modeled after the CalRecycle's Model Ordinance, and subsequently tailored to align with the City’s local conditions, the programs provided by SWOW, and the provisions of the Willits Municipal Code.

The SB 1383 Ordinance brings forth a series of essential requirements. It mandates that all residents and businesses within the City of Willits subscribe to organic waste collection services and actively engage in the source separation of organic waste from solid waste and recyclables.

To support these efforts, the Ordinance includes provisions for education and outreach, ensuring that individuals and businesses receive the necessary guidance on properly sorting materials for collection. Moreover, the Ordinance also establishes the framework for an Edible Food Recovery program, contributing to the City’s broader sustainability goals.

Compliance with the SB 1383 Regulations is a key aspect of this Ordinance. It necessitates regular inspections to ensure that businesses and residents are meeting their obligations under SB 1383. Additionally, enforcement mechanisms are included to address instances of noncompliance, ensuring that the City achieves the objectives outlined in SB 1383 for the benefit of the Willits community and the environment. The requirements are further specified as follows:

Mandatory Subscription to Organic Services
The State SB 1383 Regulations require SWOW to provide, and all residents and businesses to subscribe to, organic waste collection services. Waste generators must source separate materials in the appropriate color‐coded collection container to avoid contaminating the containers and the different waste streams. SWOW currently provides organic waste collection services to both residents and businesses in the City, so there would be minimal impact to SWOW’s operations to implement this collection requirement. SWOW provides solid waste collection services to residential customers, through a three‐container service: Trash (Gray Lid), Recycling (Blue Lid), Green and Food Waste (Brown Lid). SWOW also provides trash, recycling and organics collection services to businesses, and the rates vary depending on the size of the container and the frequency of collection.

Waiver from Certain SB 1383 Requirements
Mendocino County meets the definition of Rural Jurisdiction as defined in Section 42649.8 of the Public Resources Code and has therefore applied for the Rural Exemption in compliance with Section 18984.12 (c) of Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 Regulations” or "Regulations”). Therefore, the City is not subject to Article 3 Organic Waste Collection Services, Section 18992.1 of Article 11 Organic Waste Capacity Planning, and Sections 18993.1 and .2 of Article 12 Procurement of Recovered Organic Waste Products through December 31, 2026.

STAFF REPORT: Ordinance 2023 - 01
PAGE 3 of 4
Furthermore, under the SB 1383 Regulations, a local jurisdiction may additionally qualify for a Low Population Waiver for a waiver from certain organic waste collection requirements if the local jurisdiction disposed of less than 5,000 tons of solid waste in 2014, as reported in the Disposal Reporting System and has a population less than 7,500. The City of Willits meets both of these requirements and received the Low Population Waiver, which is valid for a period of up to five (5) years. This Low Population Waiver exempts the City from some of requirements under the SB 1383 Regulations, specifically Article 3 (relating to organic collection services) of Chapter 12 of Title 14 of the California Code of Regulations. Since SWOW already provides organic waste collection services to residential and commercial businesses, this Ordinance requires residents and businesses to assist the City in meeting state organic waste diversion goals by subscribing to organic waste collection services. One benefit of the City applying for a Low Population Waiver is that it waives certain requirements related to collection that the City would otherwise have to satisfy beginning January 1, 2022. These requirements include five-year recordkeeping, certain monitoring requirements to ensure container contamination minimization, and container color and label requirements that identify what materials may be placed in each container.

Education and Outreach Requirements
Businesses and multi‐family buildings must acquire and supply an adequate number of labeled, color‐specific containers for employees, contractors, tenants, and customers, and educate employees and tenants about proper sorting. The education and outreach period is from January 1, 2022, through December 31, 2023, and educational materials must be provided to generators who do not comply with the requirements. Staff anticipates obtaining a CalRecycle grant to support ongoing education efforts.

Edible Food Recovery Program
• The City must develop and implement an Edible Food Recovery program that recovers edible food from Commercial Edible Food Generators for human consumption. • Commercial Edible Food Generators must enter into written agreements with food recovery organizations and services, and the entities must keep specified records. • Under the SB 1383 Regulations, if the City identifies that new or expanded capacity is required to recover edible food currently disposed of by Commercial Edible Food Generators in the county and the local jurisdictions within the county, then each jurisdiction that lacks capacity must submit an implementation schedule to CalRecycle regarding how it will ensure new or expanded capacity. The implementation schedule must include timelines of planning efforts to access new capacity, including, but not limited to, obtaining funding for Edible Food Recovery infrastructure, and identification of facilities, operations and activities within the county that could be used for additional capacity.
• The City, Mendocino County, and SWOW are coordinating their efforts to develop an Edible Food Recovery program and address capacity planning for Edible Food Recovery to comply with the requirements of the SB 1383 Regulations.
• Discussions regarding the development of Edible Food Recovery capacity are on‐going with Solid Waste of Willits, the City, Brooktrails Township, and the County of Mendocino.

STAFF REPORT: Ordinance 2023 - 01
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Inspection and Enforcement
• The City must inspect and enforce the requirements in the Ordinance. The penalties for violations are consistent with the City’s penalties for other ordinance violations as carried out by the City Code Enforcement Department.
• The City must provide educational materials, issue notice of violations, and issue administrative citations for violations of the Ordinance as specified in the Ordinance language. • The initial focus will be on education and outreach. Penalties for non‐compliance will be imposed after January 1, 2024.
• While the City may designate a public or private entity to fulfill some of its SB 1383 regulatory responsibilities by agreement, the City itself remains responsible for its SB 1383 compliance and enforcing other entities’ compliance with the SB 1383 regulations through the Ordinance.

Under the SB 1383 Regulations, the City is also not allowed to delegate the authority to impose civil penalties for any violation of the Ordinance, or to issue waivers, to a private entity.

Other SB 1383 Requirements
• The SB 1383 Regulations require the City to adopt enforceable requirements to comply with specified provisions of the California Green Building Standards Code (CALGreen) and the State Model Water Efficient Landscape Ordinance.
• The City must procure recycled content paper in accordance with existing state laws, and procure recovered organic waste products (i.e., compost, mulch, electricity generated from biomass conversion, and renewable natural gas) at levels prescribed by the state annually.

Staff is currently reviewing options on how to satisfy these requirements. Staff will bring forward a separate Procurement Policy at a future Council meeting.

ENVIRONMENTAL REVIEW:

This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance, will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

FISCAL IMPACT:

Adoption of the proposed Ordinance has no direct fiscal impacts initially. The City may have additional undetermined costs for enforcement actions and procurement and use of recyclable paper products and recovered organic products.

Failure to introduce and adopt the Ordinance in a timely manner could subject the City to penalties imposed by CalRecycle, which can be up to $10,000 per day.

STAFF REPORT: Ordinance 2023 - 01
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ATTACHMENTS:

1. Ordinance.

2. Exhibit A: Mandatory Organic Waste Disposal Reduction.

Prepared by: Taylor Perry, Senior City Planner.

Reviewed by: Dusty Duley, Community Development Director.

Ordinance No. 2023 - ___ Page 1 of 19
1 CITY OF WILLITS
2 WILLITS MUNICIPAL CODE, CHAPTER 8.10
3 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
4 5 TABLE OF CONTENTS
6 8.10.010 - Purpose, Findings, And Conflicting Provisions. ................... 2 7 8.10.020 -Title Of Ordinance..................................................................... 3 8 8.10.030 - Definitions. ............................................................................... 3 9 8.10.040 - Requirements For The Recordkeeping And Reporting 10 Authority. ..............................................................................10 11 8.10.050 - Requirements For Education And Outreach........................10 12 8.10.060 - Requirements For Commercial Businesses. .......................11 13 8.10.070 - Requirements For Commercial Edible Food Generators....11 14 8.10.080 - Requirements For Recovery Organizations And Services. 13 15 8.10.090 - Compliance With Calgreen Recycling Requirements. ........14 16 8.10.100 - Procurement Requirements For Jurisdiction Departments, 17 Direct Service Providers, And Vendors. .............................14 18 8.10.110 - Solid Waste Facility Requirements.......................................15 19 8.10.120 - Inspections And Investigations By Jurisdiction..................15 20 8.10.130 - Enforcement...........................................................................15 21 8.10.140 - Effective Date. ........................................................................19 22 Exhibit “A”
Ordinance No. 2023 - ___ Page 2 of 19
23 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE 24 8.10.010 - Purpose, Findings, and Conflicting Provisions. 25 The City Council of the City of Willits finds and declares:
26 A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste 27 Management Act of 1989 (California Public Resources Code Section 40000, et 28 seq., as amended, supplemented, superseded, and replaced from time to time), 29 requires cities and counties to reduce, reuse, and recycle (including composting) 30 Solid Waste generated in their Jurisdictions to the maximum extent feasible before 31 any incineration or landfill disposal of waste, to conserve water, energy, and other 32 natural resources, and to protect the environment.
33 B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the 34 State of California on October 5, 2011, which amended Sections 41730, 41731, 35 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 36 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 37 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, 38 the Public Resources Code, as amended, supplemented, superseded and 39 replaced from time to time), places requirements on businesses and Multi-Family 40 property owners that generate a specified threshold amount of Solid Waste to 41 arrange for recycling services and requires Jurisdictions to implement a Mandatory 42 Commercial recycling program.
43 C. State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by 44 the Governor of the State of California on September 28, 2014, which added 45 Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the 46 Public Resources Code, relating to Solid Waste, as amended , supplemented , 47 superseded, and replaced from time to time), requires Commercial Businesses 48 and Multi-Family Premises that generate a specified threshold amount of Solid 49 Waste, Recyclable Materials, and Organic Materials per week to arrange for 50 recycling services for that waste, requires agencies to implement a recycling 51 program to divert Organic Materials from Commercial Businesses and Multi-Family 52 Premises subject to the law, and requires agencies to implement a mandatory 53 Commercial Organic Materials recycling program.
54 D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 55 CalRecycle to develop regulations to reduce organics in landfills as a source of 56 methane. The regulations place requirements on multiple entities including 57 Jurisdictions, residential households, Commercial Businesses and business 58 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 59 Recovery Organizations, and Food Recovery Services to support achievement of 60 Statewide Organic Waste disposal reduction targets.

Ordinance No. 2023 - ___ Page 3 of 19
61 E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 62 Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to 63 implement relevant provisions of SB 1383 Regulations. This ordinance will also 64 help reduce food insecurity by requiring Commercial Edible Food Generators to 65 arrange to have the maximum amount of their Edible Food, that would otherwise 66 be disposed, be recovered for human consumption.
67 F. Requirements in this Chapter are consistent with other adopted goals and policies 68 of the City of Willits.
69 G. Mendocino County meets the definition of Rural Jurisdiction as defined in Section 70 42649.8 of the Public Resources Code and has therefore applied for the Rural 71 Exemption in compliance with Section 18984.12 (c) of Chapter 12 (Short-lived 72 Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations 73 ("SB 1383 Regulations” or "Regulations”). Therefore, the City is not subject to 74 Article 3 Organic Waste Collection Services, Section 18992.1 of Article 11 Organic 75 Waste Capacity Planning, and Sections 18993.1 and .2 of Article 12 Procurement 76 of Recovered Organic Waste Products through December 31, 2026. Collection of 77 recyclables and organics may occur in exempt rural areas and that collection is not 78 subject to SB 1383 regulations or this ordinance unless otherwise required. 79 H. City of Willits is subject to providing education and outreach information to organic 80 waste generators, enforcing certain provisions of the CALGreen Building 81 Standards and Model Water Efficient Landscape Ordinance, implementing an 82 edible food recovery program and edible food recovery capacity planning, 83 procurement of paper products, facility sampling for contamination of materials, 84 inspections and enforcement, and recordkeeping and reporting to CalRecycle in 85 compliance with the SB 1383 Regulations.
86 I. Notwithstanding any provision to the contrary in any other code or regulation of the 87 City, including but not limited to Chapter 8.10 of Title 8 of this Code, the provisions 88 of this Chapter shall control, and to the extent any provision is in conflict with this 89 Chapter, the provision in this Chapter shall supersede any conflicting language 90 and shall prevail.
91 8.10.020 –Title of Ordinance.
92 This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 93 8.10.030 – Definitions.
94 For the purposes of this chapter, the following words and phrases shall have the 95 meanings respectively ascribed to them by this section:

Ordinance No. 2023 - ___ Page 4 of 19
96 A. “CalRecycle” means California's Department of Resources Recycling and 97 Recovery, which is the Department designated with responsibility for developing, 98 implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). 99 B. “California Code of Regulations” or “CCR” means the State of California Code of 100 Regulations. CCR references in this ordinance are preceded with a number that 101 refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 102 C. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, 103 joint-stock company, corporation, or association, whether for-profit or nonprofit, 104 strip mall, industrial facility or a multifamily residential dwelling, or as otherwise 105 defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that 106 consists of fewer than five (5) units is not a commercial business for purposes of 107 implementing this ordinance.
108 D. “Commercial Edible Food Generator” includes a Tier One or a Tier Two 109 Commercial Edible Food Generator as defined in Sections 8.10.030(WW) and 110 8.10.030(XX) of this ordinance or as otherwise defined in 14 CCR Section 111 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery 112 Organizations and Food Recovery Services are not Commercial Edible Food 113 Generators pursuant to 14 CCR Section 18982(a)(7).
114 E. “Compliance Review” means a review of records by a Jurisdiction to determine 115 compliance with this ordinance.
116 F. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 117 stated, as of the effective date of this ordinance, that “Compost” means the product 118 resulting from the controlled biological decomposition of organic Solid Wastes that 119 are Source Separated from the municipal Solid Waste stream, or which are 120 separated at a centralized facility.
121 G. “Customer” means the Person whom Contractor submits it’s billing invoice to and 122 collects payment from for Collection services provided to a Premises. The 123 Customer may be either the Occupant or Owner of the Premises. 124 H. “C&D” means construction and demolition debris.
125 I. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges 126 to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized 127 in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a 128 private entity, or a combination of those entities. 129 J. “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid 130 Waste placed by a Generator in a collection container and/or at a location for the 131 purposes of collection excluding Excluded Waste.
132 K. “Edible Food” means food intended for human consumption, or as otherwise 133 defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as Ordinance No. 2023 - ___ Page 5 of 19
134 otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid 135 Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, 136 Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that 137 does not meet the food safety requirements of the California Retail Food Code. 138 L. “Enforcement Action" means an action of the Jurisdiction to address non139 compliance with this ordinance including, but not limited to, issuing administrative 140 citations, fines, penalties, or using other remedies. 141 M. “Food Distributor” means a company that distributes food to entities including, but 142 not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 143 CCR Section 18982(a)(22).
144 N. “Food Facility” has the same meaning as in Section 113789 of the Health and 145 Safety Code.
146 O. “Food Recovery” means actions to collect and distribute food for human 147 consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 148 Section 18982(a)(24).
149 P. “Food Recovery Organization” means an entity that engages in the collection or 150 receipt of Edible Food from Commercial Edible Food Generators and distributes 151 that Edible Food to the public for Food Recovery either directly or through other 152 entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not 153 limited to:
154 1. A food bank as defined in Section 113783 of the Health and Safety Code; 155 2. A nonprofit charitable organization as defined in Section 113841 of the 156 Health and Safety code; and,
157 3. A nonprofit charitable temporary food facility as defined in Section 113842 158 of the Health and Safety Code.
159 A Food Recovery Organization is not a Commercial Edible Food Generator 160 for the purposes of this ordinance and implementation of 14 CCR, Division 7, 161 Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR 162 Section 18982(a)(25) for Food Recovery Organization differs from this definition, 163 the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. 164 Q. “Food Recovery Service” means a person or entity that collects and transports 165 Edible Food from a Commercial Edible Food Generator to a Food Recovery 166 Organization or other entities for Food Recovery, or as otherwise defined in 14 167 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible 168 Food Generator for the purposes of this ordinance and implementation of 14 CCR, 169 Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 170 R. “Food Service Provider” means an entity primarily engaged in providing food 171 services to institutional, governmental, Commercial, or industrial locations of Ordinance No. 2023 - ___ Page 6 of 19
172 others based on contractual arrangements with these types of organizations, or as 173 otherwise defined in 14 CCR Section 18982(a)(27).
174 S. “Generator” means a person or entity that is responsible for the initial creation of 175 one or more types of Discarded Materials.
176 T. “Grocery Store” means a store primarily engaged in the retail sale of canned food; 177 dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area 178 that is not separately owned within the store where the food is prepared and 179 served, including a bakery, deli, and meat and seafood departments, or as 180 otherwise defined in 14 CCR Section 18982(a)(30).
181 U. “Hauler Route” means the designated itinerary or sequence of stops for each 182 segment of the City’s collection service area, or as otherwise defined in 14 CCR 183 Section 18982(a)(31.5).
184 V. “Implementation Record” means the records and documentation required to be 185 kept under Section 18995.2 of the SB 1383 Regulations. 186 W. “Inspection” means a site visit where a Jurisdiction reviews records, containers, 187 and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste 188 or Edible Food handling to determine if the entity is complying with requirements 189 set forth in this ordinance, or as otherwise defined in 14 CCR Section 190 18982(a)(35).
191 X. “Jurisdiction” means the City of Willits.
192 Y. “Jurisdiction Enforcement Official” means the City Manager or their authorized 193 Designee(s) who is/are partially or wholly responsible for enforcing the ordinance. 194 Z. “Large Event” means an event, including, but not limited to, a sporting event or a 195 flea market, that charges an admission price, or is operated by a local agency, and 196 serves an average of more than 2,000 individuals per day of operation of the event, 197 at a location that includes, but is not limited to, a public, nonprofit, or privately 198 owned park, parking lot, disc golf course, street system, or other open space when 199 being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs 200 from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to 201 this ordinance.
202 AA. “Large Venue” means a permanent venue facility that annually seats or serves an 203 average of more than 2,000 individuals within the grounds of the facility per day of 204 operation of the venue facility. For purposes of this ordinance and implementation 205 of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a 206 public, nonprofit, or privately owned or operated stadium, amphitheater, arena, 207 hall, conference or civic center, airport, racetrack, horse track, performing arts 208 center, fairground, museum, theater, or other public attraction facility. For purposes 209 of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site 210 under common ownership or control that includes more than one Large Venue that Ordinance No. 2023 - ___ Page 7 of 19
211 is contiguous with other Large Venues in the site, is a single Large Venue. If the 212 definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition 213 in 14 CCR Section 18982(a)(39) shall apply to this ordinance. 214 BB. “Local Education Agency” means a school district, charter school, or county office 215 of education that is not subject to the control of city or county regulations related 216 to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). 217 BB. “Multi-family” or “multi-family residential dwelling” means of, from, or pertaining to 218 residential premises with five (5) or more dwelling units. Multi-family premises do 219 not include hotels, motels, or other transient occupancy facilities, which are 220 considered Commercial businesses.
221 CC. “Non-local entity” means the following entities that are not subject to the 222 jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 223 18982(a)(42):
224 1. Special district(s) located within the boundaries of the jurisdiction. 225 2. Federal facilities, including federal parks, located within the boundaries of 226 the Jurisdiction.
227 3. Prison(s) located within the boundaries of the Jurisdiction. 228 4. Facilities operated by the State Park System located within the boundaries 229 of the jurisdiction.
230 5. Public universities (including community colleges) located within the 231 boundaries of the Jurisdiction.
232 6. County fairgrounds located within the boundaries of the Jurisdiction. 233 7. State agencies located within the boundaries of the Jurisdiction. 234 DD. “Notice of Violation (NOV)” means a notice that a violation has occurred that 235 includes a compliance date to avoid an action to seek penalties, or as otherwise 236 defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 237 18995.4.
238 EE. “Organic Waste” means wastes containing material originated from living 239 organisms and their metabolic waste products, including but not limited to food, 240 green material, landscape and pruning waste, organic textiles and carpets, lumber, 241 wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, 242 and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids 243 and digestate are as defined by 14 CCR Section 18982(a). 244 FF. “Owner” means the Person(s) holding legal title to real property and/or any 245 improvements thereon and shall include the Person(s) listed on the latest 246 equalized assessment roll of the County Assessor.
247 GG. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 248 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 249 toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

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250 HH. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, 251 watermark, cotton fiber, offset, forms, computer printout paper, white wove 252 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 253 and other uncoated writing papers, posters, index cards, calendars, brochures, 254 reports, magazines, and publications, or as otherwise defined in 14 CCR Section 255 18982(a)(54).
256 II. “Recovered Organic Waste Products” means products made from California, 257 landfill-diverted recovered Organic Waste processed in a permitted or otherwise 258 authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). 259 JJ. “Recovery” means any activity or process described in 14 CCR Section 260 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). 261 KK. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper 262 that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as 263 otherwise defined in 14 CCR Section 18982(a)(61).”
264 LL. “Residential” shall mean of, from, or pertaining to a Single-Family Premises or 265 Multi-Family Premises including Single-Family homes, apartments, 266 condominiums, Townhouse complexes, mobile home parks, and cooperative 267 apartments.
268 MM. “Responsible Party” means the Owner, property manager, tenant, lessee, 269 Occupant, or other designee that subscribes to and pays for Recyclable Materials, 270 Organic Materials, and/or Solid Waste collection services for a Premises in the 271 City, or, if there is no such subscriber, the Owner or property manager of a 272 SingleFamily Premises, Multi-Family Premises, or Commercial Premises. In 273 instances of dispute or uncertainty regarding who is the Responsible Party for a 274 Premises, Responsible Party shall mean the Owner of a Single-Family Premises, 275 MultiFamily Premises, or Commercial Premises.
276 NN. “Restaurant” means an establishment primarily engaged in the retail sale of food 277 and drinks for on-premises or immediate consumption, or as otherwise defined in 278 14 CCR Section 18982(a)(64).
279 OO. “Route Review” means a visual Inspection of containers along a Hauler Route for 280 the purpose of determining Container Contamination, and may include mechanical 281 Inspection methods such as the use of cameras, or as otherwise defined in 14 282 CCR Section 18982(a)(65).
283 PP. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 284 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 285 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing 286 with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 287 establishing methane emissions reduction targets in a Statewide effort to reduce 288 emissions of short-lived climate pollutants as amended, supplemented, 289 superseded, and replaced from time to time.

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290 QQ. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the 291 purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste 292 Reduction regulations developed by CalRecycle and adopted in 2020 that created 293 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR 294 and 27 CCR.
295 RR. “Self-Haul” means to act as a Self-Hauler.
296 SS. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or 297 recyclable material he or she has generated to another person. Self-hauler also 298 includes a person who back-hauls waste, or as otherwise defined in 14 CCR 299 Section 18982(a)(66). Back-haul means generating and transporting Organic 300 Waste to a destination owned and operated by the generator using the generator’s 301 own employees and equipment, or as otherwise defined in 14 CCR Section 302 18982(a)(66)(A).
303 TT. “Single-Family” or “SFD” refers to any detached or attached house or residence of 304 four (4) units or less designed or used for occupancy by one (1) family, provided 305 that Collection service feasibly can be provided to such Premises as an 306 independent unit, and the Owner or Occupant of such independent unit is billed 307 directly for the Collection service. Single-Family includes Townhouses, and each 308 independent unit of duplex, tri-plex, or four-plex Residential structures, regardless 309 of whether each unit is separately billed for their specific Service Level. 310 UU. “State” means the State of California.
311 VV. “Supermarket” means a full-line, self-service retail store with gross annual sales 312 of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 313 canned goods, or nonfood items and some perishable items, or as otherwise 314 defined in 14 CCR Section 18982(a)(71).
315 WW. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food 316 Generator that is one of the following:
317 1. Supermarket.
318 2. Grocery Store with a total facility size equal to or greater than 10,000 square 319 feet.
320 3. Food Service Provider.
321 4. Food Distributor.
322 5. Wholesale Food Vendor.
323 If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 324 Food Generator differs from this definition, the definition in 14 CCR Section 325 18982(a)(73) shall apply to this ordinance.
326 XX. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food 327 Generator that is one of the following:
328 1. Restaurant with 250 or more seats, or a total facility size equal to or greater 329 than 5,000 square feet.

Ordinance No. 2023 - ___ Page 10 of 19
330 2. Hotel with an on-site Food Facility and 200 or more rooms. 331 3. Health facility with an on-site Food Facility and 100 or more beds. 332 4. Large Venue.
333 5. Large Event.
334 6. A State agency with a cafeteria with 250 or more seats or total cafeteria 335 facility size equal to or greater than 5,000 square feet. 336 7. A Local Education Agency facility with an on-site Food Facility. 337 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 338 Food Generator differs from this definition, the definition in 14 CCR Section 339 18982(a)(74) shall apply to this ordinance.
340 YY. “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand 341 (2,000) standard pounds where each pound contains sixteen (16) ounces. 342 ZZ. “Wholesale Food Vendor” means a business or establishment engaged in the 343 merchant wholesale distribution of food, where food (including fruits and 344 vegetables) is received, shipped, stored, prepared for distribution to a retailer, 345 warehouse, distributor, or other destination, or as otherwise defined in 14 CCR 346 Section 189852(a)(76).
347 8.10.040 – Requirements for the Recordkeeping and Reporting 348 Authority.
349 A. In conformance with Section 18995.2 of the SB 1383 Regulations, the city will store 350 and maintain the Implementation Record in a manner as required in the regulations 351 and shall provide that information to the reporting authority upon request. 352 B. Upon request by a CalRecycle representative, the city will provide access to the 353 Implementation Record within 10 business days in conformance with the California 354 Public Records Act (Government Code §6250 et seq.). The city or responsible 355 department shall each notify the other and the reporting authority if a request for 356 all or part of the Implementation Record is received and shall coordinate a 357 response to such request.
358 8.10.050 – Requirements for Education and Outreach. 359 A. A list of food recovery organizations as identified in the SB 1383 Regulations at 360 Section 18982(a)(25)(A)–(B) and food recovery services operating within the 361 jurisdiction shall be maintained on the jurisdiction’s website. The list shall be 362 updated annually and include, at a minimum, the following information about each 363 food recovery organization and each food recovery service:
364 1. Name and physical address.
365 2. Contact information.
366 3. Collection service area.

Ordinance No. 2023 - ___ Page 11 of 19
367 4. An indication of types of food the food recovery service or organization can 368 accept for food recovery.
369 B. At least annually the city shall:
370 1. Provide Tier One and Tier Two commercial Edible Food Generators with 371 the following information:
372 a) Information about the jurisdiction’s edible food recovery program 373 established pursuant to Section 18991.1 of the Regulations. 374 b) Information about the commercial edible food generator 375 requirements specified in Article 10 of the Regulations. 376 c) Information about food recovery organizations and food recovery 377 services operating within the jurisdiction, and where a list of those 378 food recovery organizations and food recovery services can be 379 found.
380 d) Information about actions that Commercial Edible Food Generators 381 can take to prevent the creation of food waste.
382 2. The jurisdiction may provide this information by including it with regularly 383 scheduled notices to those commercial businesses, including the notices 384 provided pursuant to Section 18985.1 of the Regulations. 385 8.10.060 – Requirements for Commercial Businesses.
386 A. A business that generates more than four (4) cubic yards of commercial solid 387 waste per week or is a multifamily residential dwelling of five units or more shall 388 arrange for recycling services, consistent with state laws and the mandatory 389 commercial recycling requirements of the City.
390 B. The commercial solid waste recycling program shall include education, outreach 391 to, and monitoring and enforcement of businesses and multifamily residential 392 dwelling of five units or more.
393 8.10.070 – Requirements for Commercial Edible Food Generators. 394 A. Tier One Commercial Edible Food Generators must comply with the requirements 395 of this section commencing January 1, 2022, and Tier Two Commercial Edible 396 Food Generators must comply commencing January 1, 2024, in accordance with 397 Section 18991.3 of the SB 1383 Regulations.
398 B. Large Venue or Large Event operators not providing food services, but allowing 399 for food to be provided by others, shall require Food Facilities operating at the 400 Large Venue or Large Event to comply with the requirements of this Section, 401 commencing January 1, 2024.
402 C. Commercial Edible Food Generators shall comply with the following requirements:

Ordinance No. 2023 - ___ Page 12 of 19
403 1. Arrange to recover the maximum amount of Edible Food that would 404 otherwise be disposed. Food that is donated shall be free from adulteration, 405 spoilage, and meet the food safety standards of the California Health and 406 Safety Code. Food cannot be donated if it is not in compliance with the food 407 safety standards of the California Health and Safety Code, including food 408 that is returned by a customer, has been served or sold and in the 409 possession of a consumer, or is the subject of a recall. 410 2. Contract with or enter into a written agreement with Food Recovery 411 Organizations or Food Recovery Services for: (i) the collection of Edible 412 Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 413 Commercial Edible Food Generator Self-Hauls to the Food Recovery 414 Organization for Food Recovery.
415 3. Shall not intentionally spoil edible food that is capable of being recovered 416 by a food recovery organization or a food recovery service. 417 4. Allow the city or the city’s designated enforcement entity to access the 418 premises and review records pursuant to 14 CCR Section 18991.4 of the 419 Regulations.
420 5. Keep records that include the following information, or as otherwise 421 specified in 14 CCR Section 18991.4:(A) of the Regulations:
422 a) A list of each food recovery service or organization that collects or 423 receives its edible food pursuant to a contract or written agreement 424 established under 14 CCR Section 18991.3(b) of the Regulations. 425 b) A copy of all contracts or written agreements established under 14 426 CCR Section 18991.3(b) of the regulations.
427 c) A record of the following information for each of those food 428 recovery services or food recovery organizations:
429 1) The name, address and contact information of the food 430 recovery service or food recovery organization.
431 2) The types of food that will be collected by or self-hauled to 432 the food recovery service or food recovery organization. 433 3) The established frequency that food will be collected or self434 hauled. 435 4) The quantity of food, measured in pounds recovered per 436 month, collected or self-hauled to a food recovery service or 437 food recovery organization for food recovery.
438 6. No later than March 1st of each year commencing no later than March 1, 439 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 440 for tier two Commercial Edible Food Generators, provide an annual food 441 recovery report to the reporting authority that includes all information listed 442 above in subsection (c)(5).

Ordinance No. 2023 - ___ Page 13 of 19
443 D. Nothing in this ordinance shall be construed to limit or conflict with the protections 444 provided by the California Good Samaritan Food Donation Act of 2017, the Federal 445 Good Samaritan Act, or share table and school food donation guidance pursuant 446 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 447 September 25, 2017, which added Article 13 [commencing with Section 49580] to 448 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 449 Section 114079 of the Health and Safety Code, relating to food safety, as 450 amended, supplemented, superseded and replaced from time to time). 451 8.10.080 – Requirements for Recovery Organizations and Services. 452 A. Food Recovery Services collecting or receiving Edible Food directly from 453 Commercial Edible Food Generators, via a contract or written agreement 454 established under 14 CCR Section 18991.3(b), shall maintain the following 455 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
456 1) The name, address, and contact information for each Commercial Edible 457 Food Generator from which the service collects Edible Food. 458 2) The quantity in pounds of Edible Food collected from each Commercial 459 Edible Food Generator per month.
460 3) The quantity in pounds of Edible Food transported to each Food Recovery 461 Organization per month.
462 4) The name, address, and contact information for each Food Recovery 463 Organization that the Food Recovery Service transports Edible Food to for 464 Food Recovery.
465 B. Food Recovery Organizations collecting or receiving Edible Food directly from 466 Commercial Edible Food Generators, via a contract or written agreement 467 established under 14 CCR Section 18991.3(b), shall maintain the following 468 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
469 1) The name, address, and contact information for each Commercial Edible 470 Food Generator from which the organization receives Edible Food. 471 2) The quantity in pounds of Edible Food received from each Commercial 472 Edible Food Generator per month.
473 3) The name, address, and contact information for each Food Recovery 474 Service that the organization receives Edible Food from for Food Recovery. 475 C. Maintain records required by this section for five (5) years. 476 D. Food recovery organizations and food recovery services that have their primary 477 address physically located in the Jurisdiction and contract with or have written 478 agreements with one or more Commercial Edible Food Generators pursuant to 14 479 CCR Section 18991.3(b) of the regulations shall report to the Jurisdiction the total 480 pounds of edible food recovered in the previous calendar year from the Tier One 481 and tier two Commercial Edible Food Generators they have established a contract 482 or written agreement pursuant to 14 CCR Section 18991.3(b) of the regulations no 483 later than March 1.

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484 E. Food Recovery Capacity Planning
485 1) In order to support edible food recovery capacity planning assessments or 486 other studies conducted by the city or its designated entity, food recovery 487 services and food recovery organizations operating in the jurisdiction shall 488 provide information and consultation to the city, upon request, regarding 489 existing, or proposed new or expanded, food recovery capacity that could 490 be accessed by the jurisdiction and its Commercial Edible Food Generators. 491 A food recovery service or food recovery organization contacted by the city 492 shall respond to such request for information within sixty (60) days, unless 493 a shorter timeframe is otherwise specified by the jurisdiction. 494 2) The county shall conduct edible food recovery capacity planning, in 495 coordination with the cities. If the county identifies that new or expanded 496 capacity to recover edible food is needed, then the city will work with the 497 county to expand edible food recovery.
498 8.10.090 – Compliance with CALGreen Recycling Requirements. 499 A. The City is responsible for CALGreen Building Code compliance, and shall 500 annually report to the reporting authority the number of projects subject to the 501 following:
502 1) The adequate space requirements for recycling containers for new 503 construction of Multi-family dwelling units of five or more units on a building 504 site and new commercial construction and additions. 505 2) Requirements and applicable laws related to management of C&D from 506 disposal, including tracking of C&D debris.
507 B. Persons applying for a permit from the jurisdiction for new construction and 508 building additions and alterations shall comply with all required components of the 509 California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, 510 as amended, if its project is covered by the scope of CALGreen. 511 Project applicants shall refer to the Jurisdiction’s Building Department for complete 512 CALGreen requirements.
513 8.10.100 – Procurement Requirements for Jurisdiction Departments, 514 Direct Service Providers, and Vendors.
515 The jurisdiction is responsible for paper procurement in compliance with their 516 procurement policy, including the tracking and reporting of procurement by each 517 department and annually reporting to the Reporting Authority in compliance with the SB 518 1383 regulations.

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519 8.10.110 – Solid Waste Facility Requirements.
520 The applicable sampling and monitoring requirements found in Article 6.0, 521 Transfer/Processing Operations and Facilities Regulatory Requirements of Title 14, 522 Division 7, Chapter 3 in the California Code of Regulations shall apply and pursuant to 523 WMC Chapter 8.10 (Solid Waste and Recycling).
524
525 8.10.120 – Inspections and Investigations by Jurisdiction. 526 A. City employees and any entity acting on behalf of the City, are authorized to 527 conduct inspections and investigations, at random or otherwise, of any collection 528 container, collection vehicle loads, or transfer, processing, or disposal facility for 529 materials collected from generators, or source separated materials to confirm 530 compliance with this ordinance by solid waste generators, commercial businesses 531 (including multi-family residential dwellings), property owners, Commercial Edible 532 Food Generators, haulers, self-haulers, food recovery services, and food recovery 533 organizations, subject to applicable laws. This section does not allow jurisdiction 534 to enter the interior of a private residential property for inspection. 535 B. Regulated entities shall provide or arrange for access during all inspections (with 536 the exception of residential property interiors) and shall cooperate with the 537 jurisdiction’s employee or its designated entity/designee during such inspections 538 and investigations. Such inspections and investigations may include confirmation 539 of proper placement of materials in containers, edible food recovery activities, 540 records, or any other requirement of this ordinance described herein. Failure to 541 provide or arrange for: (1) access to an entity’s premises; or (2) access to records 542 for any inspection or investigation is a violation of this ordinance and may result in 543 penalties described.
544 C. Any records obtained by the city and/or its designated entities during its 545 inspections and other reviews shall be subject to the requirements and applicable 546 disclosure exemptions of the Public Records Act as set forth in Government Code 547 Section 6250 et seq.
548 D. The city and/or its designated entities shall receive written complaints from persons 549 regarding an entity that may be potentially non-compliant with SB 1383 550 Regulations, including receipt of anonymous complaints. 551 8.10.130 – Enforcement.
552 A. Violation of any provision of this ordinance shall constitute grounds for issuance of 553 a notice of violation and assessment of a fine by a jurisdiction enforcement official 554 or representative. enforcement actions under this ordinance are issuance of an 555 administrative citation and assessment of a fine. The jurisdiction’s procedures on Ordinance No. 2023 - ___ Page 16 of 19
556 imposition of administrative fines are hereby incorporated in their entirety, as 557 modified from time to time, and shall govern the imposition, enforcement, 558 collection, and review of administrative citations issued to enforce this ordinance 559 and any rule or regulation adopted pursuant to this ordinance, except as otherwise 560 indicated in this ordinance.
561 B. Other remedies allowed by law may be used, including civil action or prosecution 562 as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California 563 courts to seek recovery of unpaid administrative citations. Jurisdiction may choose 564 to delay court action until such time as a sufficiently large number of violations, or 565 cumulative size of violations exist such that court action is a reasonable use of 566 Jurisdiction staff and resources.
567 C. Enforcement pursuant to this chapter may be undertaken by the city enforcement 568 official, or their designated entity, legal counsel, or combination thereof. 569 D. The process for enforcement is as follows:
570 1) Enforcement officials and/or their designee will monitor compliance with the 571 ordinance randomly and through compliance reviews, investigation of 572 complaints, and an inspection program.
573 2) The city may issue an official notification to notify regulated entities of its 574 obligations under the ordinance.
575 3) The city shall issue a notice of violation requiring compliance within sixty 576 (60) days of issuance of the notice.
577 4) Absent compliance by the respondent within the deadline set forth in the 578 notice of violation, the city shall commence an action to impose penalties, 579 via an administrative citation and fine. Notices shall be sent to “owner” at 580 the official address of the owner maintained by the tax collector for the 581 jurisdiction or if no such address is available, to the owner at the address of 582 the dwelling or commercial property or to the party responsible for paying 583 for the collection services, depending upon available information. 584 E. Penalty Amounts for Types of Violations
585 The penalty amounts for violations are as follows:
586 1) A fine not to exceed one hundred dollars for a first violation; 587 2) A fine not to exceed two hundred dollars for a second violation of the same 588 code provision within the same calendar year of the first and second 589 violation;
590 3) A fine not to exceed five hundred dollars for each additional violation of the 591 same code provision within the same calendar year of the first and second 592 violation.
593 F. Factors Considered in Imposing Penalties
594 The following factors shall be used when imposing penalties for violations:

Ordinance No. 2023 - ___ Page 17 of 19
595 1) The nature, circumstances, and severity of the violation(s). 596 2) The violator’s ability to pay.
597 3) The willfulness of the violator's misconduct.
598 4) Whether the violator took measures to avoid or mitigate violations of this 599 chapter.
600 5) Evidence of any economic benefit resulting from the violation(s). 601 6) The deterrent effect of the penalty on the violator. 602 7) Whether the violation(s) were due to conditions outside the control of the 603 violator.
604 G. Compliance Deadline Extension Considerations
605 City may extend the compliance deadlines set forth in a Notice of Violation issued 606 in accordance with this Section if it finds that there are extenuating circumstances 607 beyond the control of the respondent that make compliance within the deadlines 608 impracticable, including the following:
609 1) Acts of God such as earthquakes, wildfires, flooding, and other 610 emergencies or natural disasters;
611 2) Delays in obtaining discretionary permits or other government agency 612 approvals; or,
613 3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 614 Recovery capacity and the City is under a corrective action plan with 615 CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 616 H. Appeals Process
617 Persons receiving an administrative citation containing a penalty for an 618 uncorrected violation may request a hearing to appeal the citation. A hearing will 619 be held only if it is requested within the time prescribed and consistent with City’s 620 procedures in WMC §1.12.130, Title 1 (General Provisions) for appeals of 621 administrative citations. Evidence may be presented at the hearing. The City will 622 appoint a hearing officer who shall conduct the hearing and issue a final written 623 order.
624 I. Education Period for Non-Compliance
625 From the effective date of this ordinance, the city or other designated entity by 626 agreement, will conduct inspections, and compliance reviews, depending upon the 627 type of regulated entity, to determine compliance, and if the city determines that 628 Tier One Commercial Edible Food Generator, food recovery organization, food 629 recovery service, or other entity is not in compliance, it shall provide educational 630 materials to the entity describing its obligations under this ordinance and a notice 631 that violations may be subject to administrative civil penalties beginning January 632 1, 2024.
633
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634 J. Enforcement Table
635 The following is a list of potential violations for entities subject to this ordinance:
636
637 Table 1. List of Violations
Requirement Description of Violation
Commercial business and
commercial business owner
responsibility requirement
Commercial business fails to provide or arrange for
organic waste collection services consistent with
Jurisdiction requirements for employees, contractors,
tenants, and customers, including supplying and
allowing access to adequate numbers, size, and
location of containers and sufficient signage
Facility sampling and
monitoring
Solid waste facilities fail to conduct required sampling and monitoring.

Commercial Edible Food
Generator requirement
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its edible
food that would otherwise be disposed by
establishing a contract or written agreement with a
food recovery organization or food recovery service
and comply with this section commencing on the
effective date of this ordinance.

Commercial Edible Food
Generator requirement
Tier two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its edible
food that would otherwise be disposed by
establishing a contract or written agreement with a
food recovery organization or food recovery service
and comply with this section commencing January 1,
2024.

Commercial Edible Food
Generator requirement
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils edible food that is
capable of being recovered by a food recovery
organization or food recovery service.

Ordinance No. 2023 - ___ Page 19 of 19
Requirement Description of Violation
Commercial Edible Food
Generator, food recovery
organization or food recovery
service
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records.

Recordkeeping requirements
for Commercial Edible Food
Generator
A food recovery organization or food recovery service
that has established a contract or written agreement
to collect or receive edible food directly from a
Commercial Edible Food Generator pursuant to 14
CCR Section 18991.3(b) fails to keep records.
638 8.10.140 – Effective Date.
639 This ordinance shall be effective commencing on December 8, 2023. 1 ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLITS, CALIFORNIA ADDING CHAPTER 8.10 OF TITLE 8 (HEALTH AND SAFETY), MANDATORY ORGANIC WASTE DISPOSAL REDUCTION.

WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities, counties and districts to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdiction to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on Commercial Businesses and Multi-Family Premises that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a mandatory Commercial recycling program; and
WHEREAS, State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires Commercial Businesses and MultiFamily Residential dwelling of 5 units or more that generate a specified threshold amount of Solid Waste, Recyclable Materials, and Organic Materials per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Materials from Commercial Businesses and Multi-Family Premises subject to the law, and requires jurisdictions to implement a mandatory Commercial Organic Materials recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, (approved by the Governor of the State of California on September 19, 2016) requires CalRecycle to develop regulations to reduce Organic Waste in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Multi-Family Premises, Commercial Businesses, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of the SB 1383 statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, requirements in this Ordinance are consistent with other adopted goals and policies of the City of Willits; and 2 WHEREAS, the City Council of the City of Willits now desires to add a new Chapter 8.10 to Title 8, to the Willits Municipal Code to provide for the mandatory implementation of SB 1383.

NOW, THEREFORE, the City Council ordains as follows:

1. The above recitals and findings are true, correct and are incorporated herein by this reference.

2. Chapter 8.10, entitled Mandatory Organic Waste Disposal Reduction, is hereby added to the Willits Municipal Code, as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

3. This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which enhance and strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Willits at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.

5. This Ordinance adopting Chapter 8.10 of Title 8 (Health and Safety) shall take effect commencing on December 8, 2023.

6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

The above and forgoing Ordinance was introduced by Councilmember ________ second by Councilmember ___________, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 25th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:
3 ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, OCTOBER 11, 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.

Mayor Kanne offered condolences to the City of Fort Bragg for the loss of their City Clerk, June Lemos.

Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Manuel Orozco, Finance Director; Karen Stevenson, Human Resources Manager; Dusty Duley, Community Development Director; Taylor Perry, City Planner; James Conner, Interim Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 A resident that lives on North Street expressed his concerns about public safety issues at a home in his neighborhood. Councilmember Gonzalez suggested that he contact the Code Enforcement Department.

3. Public Matters
a. Update - Mendocino County Third District Supervisor John Haschak.  Mendocino County Board of Supervisors decided to move forward with the emergency access route for Brooktrails. This will go out for a vote in the next few months. If it passes the cost will be $30 annual assessment for each developed parcel.  Mendocino County Sheriffs has had three deputies leave to go to other law enforcement agencies over the last two weeks.
 There are plans for a new wing to be built at the Mendocino County Jail, this is expected to cost forty-four million dollars to build. The County is responsible for nineteen million dollars and the State of California will cover the remaining twenty-five million dollars.  The Rotary Club will have Doctor Jenine Miller, Chair of the Measure B Committee, run the program at the next Rotary Club Meeting on October 12, 2023. b. Little Lake Fire Protection District – Update is available in the agenda packet.

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 27, 2023
Willits City Council Minutes of October 11, 2023 Page 2 of 4 Public Comment: None presented.

Moved by Gonzalez/Seconded by Stranske and carried unanimously to approve Consent Calendar item(s) (a).

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

7. Commissions, Agencies and Authorities
None presented.

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.

Public Comment: None presented.

Moved By Gonzalez/Seconded by Strong and Carried unanimously to adopt Resolution No. 2023-62 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.
i. Announcement of the E. Commercial Street Corridor Master Plan, Open House – October 18th there will be two sessions 11:30 a.m. to 1:00 p.m. and 5:30 p.m. to 7 p.m. at the Community Center.
ii. Harvest Moon Celebration observations – Taylor Perry, Senior Planner.

Taylor Perry presented a brief update of the City’s successful involvement at the Harvest Moon Celebration.
iii. Update - West Mendocino Rehabilitation Phase I Project.

The project is going smoothly, Argonaut Construction has been very accommodating to the concerns expressed by the Willits Unified School District and the residents in the area. The city has been diligent in posting information on Facebook to update the community. The construction schedule has been altered to include Saturday work to reduce the pressure in the school transportation patterns, which prolongs the schedule by two weeks. Tall Tree Engineering has been providing construction oversight, coordinating between Argonaut and Laco. Tall Tree Engineering has been providing exceptional service to the City.

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.

Item 9a was postponed to the next City Council meeting to allow LCW to attend.

Public Comment: None presented.

Willits City Council Minutes of October 11, 2023 Page 3 of 4

10. Department Monthly Reports
a. None presented.

No action taken.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Economic Development & Financing Corporation (EDFC) - Meets October 12, 2023.  Mendocino Solid Waste Management Authority (MSWMA) - Attempting a Special Meeting in early November.
 Sonoma Clean Power (SCP) – Received an hours’ worth of Public Comment regarding Sonoma Clean Powers use of Biomass as a way to even out the load problems. The financial picture for SCP is very good. Looking at ways to reduce the rate of the electric that is paid by the rate payers. Easy Rewards is a program available to customers that reduces their energy use during peak hours. Customers can sign up on the SCP website.

Councilmember Rodriguez
 Mendocino Transit Authority (MTA) – There was a report on the study of unmet needs in the County. With the funding source of the Local Transportation Fund (LTF), MTA is looking into a pilot program to be able to offer services to Covelo, Brooktrails and possibly Laytonville. The state has given mandates to go to zero emissions, with the LTF money they may be able to get three new cutaways.

Councilmember Stranske
 Thanked the Chamber of Commerce for the Harvest Moon Celebration, and the Willits PD for being present.

Councilmember Gonzalez
 Water/Wastewater Committee – Meets October 17, 2023.
 Local Agency Formation Commission (LAFCo) – Conference starting on October 18th.

Mayor Kanne
 Mendocino Council of Governments (MCOG) – Discussed the MTA Budget. They were able to use the Local Transportation Fund (LTF) reserve funds to cover the six hundred-thousand-dollar shortfall. The County will have uninterrupted bus service.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Councilmember Strong – WELL sponsored their next series in their Building Communities Program, Farm to School.

School of Adaptive Agriculture is hosting the Harvest Dinner on Monday October 16, 2023. Tickets may be purchased on their website.
 Saprina Rodriguez – If there is anyone with a need for winter clothing for children, please reach out to her.
 Councilmember Gonzalez – The High School Football game is at Willits High School Friday, October 13.
 Dusty Duley – announced that the City of Willits was awarded the Clean California Local Grant.

Adjourned to Closed Session at 7:30 p.m.

13. Closed Session Notice
Willits City Council Minutes of October 11, 2023 Page 4 of 4 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.

Council reconvened to open session at 8:12 p.m., reporting out from Closed Session that Council gave direction to Legal Counsel.

14. Adjournment
Mayor Kanne declared the meeting adjourned at 8:12 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 7223 Creaciones Sandra Sandra Gomez 1511 A S Main St Willits, CA 95490 9/6/2023 Party Supplies
7224 Cesar Muniz Plumbing Cesar Muniz 150 Blue Bonnet Dr Ukiah, CA 95482 9/6/2023 Plumbing Contractor
7225 Queen's Remodeling William Queen 3581 Ricard Ct Ukiah, CA 95482 9/6/2023 Contractor
7226 Doggie Dooo Right Kimberley Kolby 25036 Robin Cir Willits, CA 95490 9/6/2023 Pet Waste Disposal
7227 Haddon Heating and Cooling Jesse Haddon 135 Mason Circle unit L Concord, CA 94520 9/6/2023 HVAC Systems
7228 Sammy Days Lashes Samantha Bruno 1722 S Main Sy Willits, CA 95490 9/6/2023 Eyelash Technician
7229 The Bad Habit Eduardo Nieto 1726 H South Main St Willits, CA 95490 9/7/2023 Restaurant
7230 Potable Divers Inc David Harvey PO Box 474 Vernal, UT 84078-0474 9/20/2023 Cleaning and inspection of
water storage facillites
7231 Woida Enterprises Inc DBA Arrow Fencing Chris Woida PO BOX 385 Calpella, CA 95418 9/20/2023 Fencing Contractor
New Business License - September 2023
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1 A
Date: October 19, 2023
To: City Council
From: Karen Stevenson, Human Resources Manager
Subject: Revised Personnel Policies and Procedures Manual Council Members,
On October 11th, staff informed the Council the revised City of Willits Personnel Policies and Procedures Manual was still under review with our legal partners and IBEW. The Council was informed we would bring the final version back for Council to review and have an opportunity to ask questions with the attorney who was responsible for drafting the document at the November 8th meeting.

Since the October 11th meeting, I have continued to work with our legal partner and the IBEW Business Representative to work through changes, but we have not been able to bring this to closure at this time; however, I am confident we will do so by the end of October.

I have sought an extension from Employment Risk Management Authority (ERMA) through the end of November 2023. I will bring the final version to the November 8, 2023, Council Meeting for your consideration and approval.

Memorandum 111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
Human Resources
9a
Monthly Achievements & Activities
• The completed Fuel Island is dispensing fuel without any issues. We experienced a few minor glitches but thanks to the dedication of Kenan O’Shea and Thomas Gallups, we resolved them in a timely manner.
• Scheduled a meeting for October 5th with tenants, REACH Air Medical team, Armstrong Consultants, and staff to discuss the status of the Automated Weather Observing System (AWOS). Stay tuned for further updates.
• Airport Manager Moorhead attended this year’s Association of California Airport’s Conference in South Lake Tahoe, during the second week of September. The Conference experienced the largest attendance they have had in some years. Although most of the sessions focused on larger facilities, there was enough to warrant attendance. Items relevant to our facility and these included FAA funding; exposure to liability, enforcement of agreements; the importance of upto-date agreements; and leadership development. • Airport staff welcomed the newest tenant, Justin Herrera now occupying Hangar #20.

Project Updates
• Proceeding with repairs to the main vehicle gate as the repair will only consist of a new control unit and gear motor. The gate itself does not need replacing. • Mike Smith’s hangar is nearing completion on the outside. The goal is to make the structure weather tight before the onslaught of winter.
• Completed the repairs to Hangar #22 and now it is ready for rental. At this time, we are working with counsel and Armstrong Consultants to determine what the rental amount will be for this new lease.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• AWOS discussion.
• Determine a rental amount for Hangar 22 and secure a tenant.

Airport September 2023 | Report
1 Monthly Achievements & Activities
• Issued 14 Building Permits.
• Opened one new Code Enforcement Case.
• Closed 14 Code Enforcement Cases.
• Total of 25 active Code Enforcement Cases.

Project Updates
• Trail Project:
o Working with CPUC, GRTA and Skunk Train to obtain applicable permits for trail crossing at City streets, including E. Commercial & E. Valley Streets and E. San Francisco Ave. GRTA has completed the review and staff is awaiting Skunk Train review and approval as necessary to submit permit request to CPUC.
o Continuing to meet and provide additional information to the California Department of Fish and Wildlife, Regional Water Quality Control Board, and Army Corps of Engineers to obtain agency permits.
o Consultants completed 95-percent design work including updated project cost estimates.

Total project cost is estimated to be $8,584,355. LACO is completing peer review of design work on behalf of the City.
o Developing $3,311,463 grant request to the State Coastal Conservancy (SCC) to support increased costs associated with the project.
o Construction expected to begin in Spring 2024 (pending obtainment of SCC grant). • General Plan Land Use Element Update & Sphere of Influence Amendment:
o Updated property owner outreach plan. Staff will be providing notification via mail to property owners regarding prospective changes to their property Land Use Designation and/or underlying Zoning District. Staff is offering the opportunity for property owners to include amending their property Land Use Designations and/or Zoning District as part of the City initiated Land Use Element at no cost to the owner. Property owners may contact staff and request to opt out of the process.
o Held coordination meeting with the County and LAFCO staff to review the draft Sphere of Influence area.
o Completed grant reports and reimbursement requests.
o Working with consultants to complete Public Review Land Use Element Update (LUE) and associated Environmental Impact Report (EIR).
o Final LUE update and EIR are anticipated for completion in April 2024. • Contract Building Plan Review Services:

Community Development September 2023 | Report
2 o The City has entered into a contract with BPR consulting group to help the Building Division with building plan review services when needed. Prospective use of BPR services may include plan check of exceptionally large or specialized projects like a 60-unit residential project or hospital building. BPR is also available to support staff should the City experience a significant increase in building permit activity as well as support unanticipated staff absences. • Harvest Moon Celebration:
o The Department hosted a table at the Harvest Moon Celebration event to promote City projects, share information about services and resources, and collect feedback through a community survey. The event appeared to be a success and people seemed to genuinely appreciate the City’s participation.

Staffing Items
• The City is recruiting a City Planner to join the Community Development Department. Interested individuals should contact the Human Resources Manager Karen Stevenson.

Budget Status
• No items to report.

Focus for Next Month
• General Plan LUE Update & SOI Amendment:
o Work on LUE Public draft.
o Continue to coordinate with LAFCO and Mendocino County. o Develop property owner outreach materials and notify property owners subject to General Plan/zone change.
• Trail Project:
o Submit grant application to State Coastal Conservancy to fund increased construction and labor costs and mitigation work.
o Hold further coordination meetings with CDFW and RWQCB towards goal of obtaining agency permits.
o GRTA License Agreement
o Complete application to CPUC to approve trail public crossing designs. • Sidewalk Ordinance:
o Continue to meet with staff and develop policy options to present to Council at the November 8th Council meeting.
• SB 1383 Ordinance:
o Develop ordinance to implement mandatory programs to reduce organic was as required by California Senate Bill 1383.

Monthly Achievements & Activities
• Completed the FY 2020-2021 Audit.
• Completed the FY 2020-2021 Single Audit. A prerequisite for the Caltrans Beautification Grant award.
• Completed the Springbrook payroll parallel run (simultaneously running ADP and Springbrook).

The effort identified and corrected variances.
• Submitted a continuation letter to Brooktrails requesting payment for Wastewater Treatment Facility capital improvement costs.
• Completed the reconciliation of Landfill Closure Program accounts. Drafted a transmittal letter to the County along with five-years’ worth of expenditure backup and 23 years' worth of audits.

Project Updates
• Springbrook transition.
o Started scheduling for the implementation of utility billing module. • Ran payroll parallel and identified and corrected variances in payroll. • Started scheduling for Utility Billing module.
• Fiscal Year 2021-2022 Audit (beginning the interim setup).

Staffing Items
• Exploring the option of teaming up with the City of Ukiah to jointly use the services of their accounting consultant to expedite audit preparation.

Budget Status
• No items to report.

Focus for Next Month
• Fiscal Years 2021-22 & 2022-23 Audits.
o Schedule of Expenditures and Federal Awards (SEFA) Testing for FYs 2020-21 & 2021-22.

Necessary for grant administration.
o GASB 68 Reporting.
o Bank Reconciliation for FY 21-22.
• Quarterly Budget Reports.

Finance September 2023 | Report
1 Monthly Achievements & Activities
September 2022 September 2023
• 911 Calls Received 44 49
• Calls for service (CFS) 659 395
• Cases 90 42
• Arrests 45 25
• Citations 45 14
Project Updates
• No items to report.

Staffing Items
• Our newest Dispatcher, Anthony Castillo, successfully completed the required 120-hour POST Dispatch Academy. During the three-weeks of Academy training, Dispatcher Castillo returned to Willits on the weekends and worked dispatch shifts to ensure the rest of the dispatch team could get days off.
• The Department has an ongoing recruitment to fill vacancies for Dispatcher and Community Service Officer, as well as Police Officer and Police Sergeant. • Department staffing stands at about 50-percent of authorized strength; temporary augmentation to ensure we are providing around-the-clock coverage is still being provided via mutual aid agreement with the Mendocino County Sheriff. • Staff visited the Santa Rosa Public Safety Training Center to recruit unaffiliated students at the Dispatch Academy and met with unaffiliated Police Academy recruits as well. • Disqualified several applicants during the background investigation process, as they were not an appropriate fit for our agency.
• Field Training continues for our senior officer-in-training; while non-field training continues for our most recently hired officer.

Special Note
On September 28th, at about 12:30 AM, a woman came to the lobby of the PD to report two men "asleep" and unable to be awoken. She described the location of the incident but did not know the actual address. She said she knew one of the men by his first name only and believed his last name began with the letter V. From that limited information, Dispatcher Mike Stainbrook was able to search records and eventually identify a potential location, to which he dispatched a police officer and contacted emergency medical services. I am 100- percent certain that Dispatcher Stainbrook's proficiency with available databases and Police Department September 2023 | Report
2 records systems, and his excellent investigative work, allowed emergency help to locate the 42-year-old man in time to save his life from an overdose.

Budget Status
• No items to report.

Focus for Next Month
• Recruitment for vacancies in both sworn and non-sworn positions, including visiting the College of the Redwoods basic Police Academy class to meet unaffiliated recruits. • Vetting Police Officer Trainee candidates, and a Community Services Officer candidate via the background investigation process.
• Conduct interview panels for current applicants for Dispatcher, Police Sergeant, and Community Service Officer vacancies.
1 Monthly Achievements & Activities
• Completed the annual winterization and erosion control on Water Shed Road. • Pruned the young Main Street trees to shape the canopies and provide clearance for pedestrians, motorists, and adjacent buildings. Removed stakes on some of the trees that are now large enough, and applied mulch where needed. Reduce irrigation as the trees start to lose their leaves.
• Members of the Willits High School Peace and Environmental Club participated in a Creek Cleanup Day on September 23rd. The group focused on the bridges at the end of Railroad Ave. Staff hauled away the debris the students removed from the waterway. As a precaution, the Police Department swept the area prior to the club’s arrival to ensure everyone’s safety. • Prep the Main and Wood Streets parking lots prior to the Harvest Moon Celebration. • Pruned the trees at Snyder Park and the Sports Complex. • Acquired a sign package for use with local events, detours, and emergency road closures. The package pairs with the two recently purchased variable message boards and allows the City to standardize traffic control plans. Although this package did not arrive in time for use during the Harvest Moon Celebration, the City did provide what was available from daily operations inventory to support the event.
• Retrofitted an underutilized box trailer as a means to efficiently deploy the signs. • Order 5,000 sandbags to replenish the existing stock.

Project Updates
• Cleared large drainage ditches at the end of E. Commercial St. as part of the process to prepare the storm drains for the winter. This will continue the next month, and include various inlets, culverts, and runoff ditches as needed.
• Order street name signs to replace missing and/or damaged versions. • Mowed and trimmed the Hael Creek Trail.
• Installation of the shade structures for the soccer field and skate park is set for October 23rd.

After installing the frameworks, manufacturing of the canopies starts. • Repaired and replaced several residential water services. • Issued new uniforms with the new logo for the crew.
• Continued with City Hall renovations including new light fixtures, audio visual components, and storage areas.
• Regraded the pedestrian entrances to the Recreation Grove to allow easier access. Patched the stage roof in several spots.

Services & Facilities September 2023 | Report
2 Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Continue to prepare the storm drainage system.
• Finalize the Pin Wheel Art installation at the Highway 20 Park. • Winterize buildings and facilities.
• Complete shade canopy installation.
1 Monthly Achievements & Activities
• Repaired water main leak in the Berryhill Pressure Zone. • Replaced water service line on E. Valley Street.
• Repaired water service leak on Sequoia Boulevard.
• Replaced broken section of sewer main line on W. Oak Street. • Fire hydrant in front of Lumberjacks is now operational after the completion of storm drain repair.
• A private fire hydrant on the high-pressure side of the pressure reducing vault was hit at the California Conservation Corps facility on E. Hill Road. • Fire hydrant was hit on Bittenbender Lane.
• Repaired a leak at the Northbrook Pump Station.
• Replaced a feed line for the potassium permanganate raw water injection point. • Completed seasonal emptying of the East Waste Pond at Surface Water Treatment Plant (SWTP). • Ran and monitored all back-up power generators at the Water Distribution Pump Stations. • Completed annual servicing of the main back up power generator at the SWTP. • Began updating SC200 and NTU turbidity meters at the Groundwater Treatment Plant (GWTP). • Replaced the ferric chloride tank (main treatment coagulant) fill valve at SWTP. • Cleaned 2,400 lineal feet of sewer main line.
• Completed one-sewer lateral inspection for a property transfer. • Drained the North Clarifier to replace the upper seal at Wastewater Treatment Plant (WWTP). • Provided the Vac Truck for irrigation leaks at ballfields. • Replaced blower #1’s electric drive motor at WWTP.

Project Updates
• Reservoir Capacity: Morris 557-acre feet and Centennial 441-acre feet equates to 77-percent of full capacity (October 5th).
• Sept. 2023 Water Usage: SWTP: 25,268,182 MG. Sept. 2022: 23,834,782 MG.

GWTP: 0 MG. Sept. 2022: 2,625,000 MG.

Totals: 25,268,182 MG. Sept. 2022: 26,459,782 MG.
• Non-Potable Water Usage [Truck Fill Station]: 438,441 K/Gals. Sept. 2022: 288,028 K/Gals. • Sept. 2023 Wastewater Treatment Plant Flows: 16,991,867 MG. • Ft. Bragg Electric and SCADA integrator completed the Elias Well Variable Frequency Drive (VFD).

Utilities September 2023 | Report
2 • WWTP Operators completed the annual bio-solids land use application and disking at the facility’s sludge field with assistance with John Ford’s crew. • Completed the removal of the seasonal flashboards at Centennial Reservoir (Permit requires removal by October 1st) and cleared debris from the spillway prior to the winter season. • Received two pickups one each for the Wastewater and Water Departments.

Staffing Items
• Adam Simental recently passed his Grade 1 state exam and is now a Certified Grade 1 WWTP operator. Congratulations, Adam!
• Welcome back Caleb Allen from active military duty.

Budget Status
• No items to report.

Focus for Next Month
• Schedule replacement of water main line valve on S. Main Street with Wipf Construction looking into valve insertion instead of a system shutdown to minimize impacts to the Safeway shopping complex. TapMaster is preparing the quote.
• Schedule to pull and inspect raw water pump #3 at the SWTP due to a ground fault signal. • Schedule Potable Divers, Inc. to clean all water distribution tanks (required every five-years) we are in year four. Tentatively set for November.
• Working on quotes for media replacement at GWTP.
• Schedule CalFire to remove vegetation below Centennial spillway, required annually by Division of Dam Safety.