111 E. Commercial Street
Willits, California 95490
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WILLITS CITY COUNCIL
AGENDA
NOVEMBER 8, 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. Proclamation – Recognizing Edith Keenan Recagno Ceccarelli Oldest Living Person in California History.
b. Proclamation – Recognizing November 2023 as Native American Heritage Month. c Introduction By Title Only of an Ordinance Adding Chapter 17.59 Model Water Efficient Landscape to Title 17 (Zoning) of the City of Willits Municipal Code Ensuring that the Design, Installation, and Maintenance of Applicable Landscapes in the City meets State Requirements.
Presenting staff member: Phillip Davidson, Code Compliance Officer.
4. ENACTMENT OF ORDINANCES
a. Second Reading and Adoption 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.
Presenting staff member: Taylor Perry, City Planner.
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 25, 2023
6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. Building Permit Activity Report – October 2023
Willits City Council Agenda – November 8, 2023.
7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.
8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Verbal Reports – No Action.
i. Announcement by the FFA of their holiday event for Snider Park. ii. Community December events (planned).
9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Resolution Authorizing Grant Application(s) for the Senate Bill (SB) 1383 Local Assistance Grant Program.
Presenting staff member: Taylor Perry, City Planner.
b. Prospective Sidewalk Ordinance Amendments Informational Discussion for Amendments to Chapter 12.16 Sidewalks, Curbs, and Gutters – Construction and Repair, within Title 12 (Streets, Sidewalks, and Public Places) of the City of Willits Municipal Code.
Presenting staff member: Leiloni Shine, Contract Planner. c. Presentation and Acceptance of Audited Financial Statements for Fiscal Year Ending June 30, 2021.
Presenting staff member: Manuel Orozco, Finance Director. d. Adopt a Resolution to approve a revised Personnel, Policies and Procedures Manual that Establishes Guidelines for all City of Willits Employees to follow as a Condition of Employment, effective November 9, 2023.
Presenting staff member: Karen Stevenson
10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) a. None.
11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS
12. GOOD & WELFARE
13. CLOSED SESSION NOTICE
a. None.
14. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90 days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.
I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.
Dated this 3rd day of November 2023.
Cathy Moorhead, Assistant City Manager
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.
Willits City Council Agenda – November 8, 2023.
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.
Item No. 3a
Meeting Date: November 8, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Phillip Davidson, Code Compliance Officer
Agenda Title: INTORDUCTION BY TITLE ONLY OF AN ORDINANCE ADDING CHAPTER 17.59 MODEL WATER EFFICIENT LANDSCAPE TO TITLE 17 (ZONING) OF THE CITY OF WILLITS
MUNICIPLA CODE ENSURING THAT THE DESIGN, INSTALLATION, AND MAINTENANCE OF APPLICABLE LANDSCAPES IN THE CITY MEETS STATE REQUIREMENTS.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: The purpose of this new Chapter is to adopt by reference the State of California’s Model Water Efficient Landscape Ordinance (MWELO) and ensure that applicable landscaping projects in the City meet the requirements of MWELO. As noted in the proposed code revisions MWELO applies to new landscape projects with an aggregate landscape area equal to or greater than 500 square feet or rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, and subject to a building or landscape permit, plan check or design review. The City typically receives between up to two projects annually that trigger MWELO requirements.
Background: The recent extreme droughts renewed the State’s emphasis for increased water conservation. In September 2009, the State adopted the Water Conservation in Landscaping Act of 2006 (AB 1881) requiring the State Department of Water Resources (DWR) to draft a MWELO. Subsequently, all local jurisdictions in California were required to adopt this ordinance, or a locally modified ordinance with the aim of reducing water consumption by landscaping by January 1, 2010 or else the State MWELO applies by default.
Later, Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed DWR to update the State’s (MWELO) through expedited regulation. The California Water Commission approved the revised MWELO Ordinance on July 15, 2015. All cities and counties are required to either adopt the updated MWELO or, by December 1, 2015, adopt their own water efficient landscape ordinance which is at least as effective in conserving water as the MWELO. The City implemented the MWELO by default and did not expressly adopt it in 2010, however the City is now mandated by the State to formally add MWELO requirements to City Code. Full text of the State MWELO is found as Attachment A.
Recommended Action:
1. Approve introduction, by title only, of an Ordinance adding Chapter 17.59 of Title 17 (Zoning), Model Water efficient Landscape, to the Willits Municipal Code to Comply with State of California requirements, and to waive formal reading thereof.
2. Schedule a second reading and adoption of the Ordinance at the next regularly scheduled City Council Meeting, on December 13, 2023.
Alternative(s): None.
Fiscal Impact: None
Personnel Impact: Staff time will be required to review landscaping plans for projects that are subject to MWELO for consistency with applicable water efficiency requirements and well as ensure proper installation and maintenance of landscaping.
2021 Adopted Goals: The adoption of this ordinance helps to realize land use goals contained in the General Plan and thereby supports Goal #1 for Community Development…Complete an update to the City’s General Plan to be used to guide future development within the City including encouragement of housing opportunities and sustainable economic development. Estimated timeframe is 3-5 years.
California Environmental Quality Act: The adoption of this ordinance does not trigger CEQA.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Ordinance No. 2023-__ Page 1 of 1 December ___, 2023
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLITS, CALIFORNIA, ADDING A NEW CHAPTER 17.59 TO THE CITY OF WILLITS MUNICIPAL CODE WHICH ADOPTS BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.
WHEREAS, California’s extreme droughts have emphasized the necessity for increased conservation in water usage; and
WHEREAS, in September 2009, the state adopted the Water Conservation in Landscaping Act of 2006 (AB 1881) and as of January 1, 2010, all local jurisdictions in California are required to implement this law, with the aim of reducing water consumption by landscaping; and
WHEREAS, Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources to update the State’s Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation; and WHEREAS, the California Water Commission approved the revised MWELO Ordinance on July 15, 2015; and
WHEREAS, all cities and counties are required to either adopt updated MWELO or, by December 1, 2015, adopt their own water efficient landscape ordinance which is at least as effective in conserving water as the MWELO; and
WHEREAS, the City implemented the MWELO by default and did not expressly adopt it in 2010; and
WHEREAS, the City of Willits is required to amend Willits Municipal Code (WWMC) to reference the State’s MELO, which is found at Sections 490—495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations; and
WHEREAS, the City Council of the City of Willits, at its regular meeting of November 8, 2023 held a public hearing, reviewed, discussed and approved introduction of the proposed ordinance.
NOW, THEREFORE, the City Council of the City of Willits hereby ordains as follows:
Title 17 - Zoning of the Willits Municipal Code is hereby amended by adding Chapter 17.59 entitled Model Water Efficient Landscape Ordinance related to promoting the efficient use of water in landscaping applications within the City and to comply with the Governor’s Executive Order and Government Code Section 65595, to read as follows;
Chapter 17.59
Model Water Efficient Landscape Ordinance
17.59.010 - Purpose
The purpose of this section is to ensure the design, installation and maintenance of landscapes in the city meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO).
Ordinance No. 2023-__ Page 1 of 1 December ___, 2023
17.59.020 - Adoption
The City adopts by reference the State of California's Model Water Efficient Landscape Ordinance, which is found at Sections 490—495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations, which may be referred to in this code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time.
17.59.030 - Applicability
The MWELO applies to the following landscape projects:
A. New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review.
B. Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review.
C. For purposes of this section, aggregate landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).
17.59.040 - Exemptions
The following projects or landscapes are exempt from or subject to limited review pursuant to the MWELO:
A. Projects involving new construction of an aggregate landscape area of less than two thousand five hundred square feet that comply with the prescriptive measures found in Appendix D of MWELO are exempt from the performance requirements of the MWELO.
B. Existing landscapes, including existing cemeteries, must comply only with Sections 493, 493.1 and 493.2 of the MWELO.
C. New and rehabilitated cemeteries must comply only with Sections 492.4, 492.11 and 492.12 of the MWELO.
D. For any lot or parcel within a project that has (a) an aggregate landscape area less than two thousand five hundred square feet; and (b) sufficient treated or untreated graywater or stored rainwater captured on site to meet the lot's or parcel's landscape water requirement, the lot or parcel must comply only with Appendix D, Section 5 of the MWELO.
E. Registered local, state, or federal historical sites are exempt from the MWELO.
F. Ecological restoration projects or mined-land reclamation projects that do not require a permanent irrigation system are exempt from the MWELO.
G. Existing plant collections, as part of botanical gardens or arboretums open to the public, are exempt from the MWELO.
17.59.50 – Violations
Violations of the water waste prevention standards, as defined in Section 492.5 of the State MWELO, are subject to the following penalties:
Ordinance No. 2023-__ Page 1 of 1 December ___, 2023
A. Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this Chapter to fail to comply with the outdoor water efficiency requirements of this Chapter. The City Building Official or their designee has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this section. Whenever the City Building Official or their designee determines that a violation of this Chapter has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated.
PASSED AND ADOPTED by the City Council of the City of Willits, on this _____ day of December, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
A copy of the MWELO will be maintained in the Community Development Department and at the Front Counter of City Hall for public inspection during regular business hours.
APPROVED AS TO FORM:
H. James Lance
City Attorney
_____________________________
Title 23 Department of Water Resources § 490
entering into the loan contract. For investor-owned utilities, meetings or hearings held by the Public Utilities Commission may serve as Project Feasibility Meetings.
(b) Before a Project Feasibility Meeting, the supplier shall:
(1) Make available information describing the project in a form and location that will enable the water users to review it and to make appropriate comments. The information must be made available for a period of at least fifteen days before the Project Feasibility Meeting. (2) Establish a date for the meeting agreeable to the Department and Department of Health Services.
(3) Notify the Department, the Department of Health Services and appropriate county health agencies in writing at least twenty calendar days before the meeting, and notify all water users and the local news media in writing at least fifteen calendar days before the meeting. The notice shall state: the date, time, location, and purpose of the meeting and the location of information describing the project for review by the water users. Sample notice forms will be provided by the Department. ( 4) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated attendance. ( c) The agenda of the meeting shall include the following matters: (I) A discussion of applicable public health and water works standards, existing and potential health hazards associated with the water system, how the proposed project will bring the system to minimum health standards, and alternative solutions to the problem. (2) The supplier shall describe the proposed project in detail, using maps, charts, and other illustrative devices, if appropriate. The discussion shall include the costs, sources of funds, the amount of the loan-grant commitment, and changes in water costs resulting from the project.
(3) A representative of the State may describe the Act, the State's role in its administration and the Department's recommendation regarding the supplier's loan application. Persons present at the meeting shall be permitted to ask questions regarding all subjects discussed at the meeting. ( d) If no representative of the Department is present at the meeting, the supplier shall submit an official written report to the Department describing the meeting and its outcome including the results of any vote taken.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13834, Water Code.
§ 489.1. Plans and Specifications.
Before commencing construction, each Supplier shall provide detailed plans and specifications to the Department of Health Services for review and approval by a registered Civil Engineer employed by the Department of Health Services. Unless otherwise authorized in writing by the Department of Health Services, the supplier shall not commence construction without written notification from the Department ofHealth Services that the plans and specifications have been approved.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13837, Water Code.
§ 489.2. Certification of Completion.
Department ofHealth Services shall inspect the completed project and if satisfied that the project has been completed in accordance with approved plans and specifications, shall provide the supplier and the Department with written certification to that effect.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13834, Water Code.
Chapter 2.6. Weather Resources
Management [Repealed]
NOTE: Authority cited: Sections 161, 40 I, 403 and 6078, Water Code. Reference:
Sections 40 I, 402 and 403, Water Code and Sections 21000 et seq., Public Resources Code.
HISTORY
I. New Subcbapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive) filed 9-28-79; effective thirtieth day thereafter (Register 79, No. 39).
2. Repealer of Subcbapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive, not previously repealed by OAL Order of Repeal) filed 6-5-86; effective thirtieth day thereafter (Register 86, No. 23). For prior history, see Register 85, No. 26; 81, Nos. 40 and 38; and 80, No. 7.
Chapter 2.7. Model Water Efficient
Landscape Ordinance
§ 490. Purpose.
(a) The State Legislature has found:
(I) that the waters of the state are of limited supply and are subject to ever increasing demands;
(2) that the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; (3) that it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; (4) that landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; (5) that landscape design, installation, maintenance and management can and should be water efficient;
(6) that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.
(b) Consistent with the legislative findings, the purpose of this model ordinance is to:
(I) promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water; (2) establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible; (3) establish provisions for water management practices and water waste prevention for existing landscapes;
( 4) use water efficiently without waste by sett
ing a Maximum Applied
Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;
(5) promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;
(6) encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and
(7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance.
(c) Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California's environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purpose of the Ordinance, conditions in the urban setting will be improved by:
(I) Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits. (2) Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas. (3) Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.
( 4) Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materiPage 37 Register 2015, No. 38; 9-18-2015 § 490.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 als, and using compost, mulch and efficient irrigation equipment to prevent erosion. (5) Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action.
NOTE: Authority cited: Section 65593, Government Code; and sections l l and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Sections 65591, 65593 and 65596, Government Code; and section 11, Governor's Exec. Order No.
B-29-15 (April I, 2015).
HlSTORY
I. New chapter 2.7 (sections 490-495) filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment of section and NOTE filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
3. Amendment of subsections (aX4) and (b)(l}-(2), new subsections (c}-(c)(5) and amendment of NOTE filed 9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38). § 490.1. Applicability.
(a) After December 1, 2015, and consistent with Executive Order No.
B-29-15, this ordinance shall apply to all of the following landscape projects:
( l) new construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; (2) rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; (3) existing landscapes limited to Sections 493, 493. l and 493.2; and ( 4) cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11, and 492. 12; and existing cemeteries are limited to Sections 493, 493.1, and 493.2. (b) For local land use agencies working together to develop a regional water efficient landscape ordinance, the reporting requirements of this ordinance shall become effective December I, 2015 and the remainder of this ordinance shall be effective no later than February I, 2016. (c) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D. ( d) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D section (5). (e) This ordinance does not apply to:
(I) registered local, state or federal historical sites; (2) ecological restoration projects that do not require a permanent irrigation system; (3) mined-land reclamation projects that do not require a permanent irrigation system; or
(4) existing plant collections, as part of botanical gardens and arboretums open to the public.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1,2015).
HlSTORY
I. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 ( 4-1-20 I 5) (Register 20 I 5, No. 38). § 491. Definitions.
The terms used in this ordinance have the meaning set forth below:
(a) "applied water" means the portion of water supplied by the irrigation system to the landscape. (b) "automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (c) "backtlow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system
(d) "Certificate of Completion" means the document required under Section 492.9.
(e) "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. (t) "certified landscape irrigation auditor'' means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. (g) "check valve" or "anti-<irain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler beads when the sprinkler is off.
(h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) "compost'' means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. (j) "conversion factor (0.62)" means the number that converts acre- inches per acre per year to gallons per square foot per year. (k) "distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.
([) "drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (n) "effective precipitation" or"usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. ( o) "emitter'' means a drip irrigation emission device that delivers water slowly from the system to the soil. (p) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (q) "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.
(r) "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 492.4.
(s) "ET adjustment factor'' (ET AF) means a factor ofO.S5 for residential areas and 0.4S for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
Title 23 Department of Water Resources § 491
(t) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
(u) "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gal Ions per hour, or cubic feet per second.
(v) "flow sensor" means an in line device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (w) "friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. (x) "Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.
(y) "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12. (z) "hardscapes" means any durable material (pervious and non- pervious). (aa) "hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non- irrigated. (bb) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time ( e.g., inches per hour). (cc) "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
(dd) "irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program. (ee) "irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0. 7 5 for overhead spray devices and 0.81 for drip systems.
(fl) "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (gg) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.
(hh) "landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. (ii) " landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non- pervious hardscapes, and other non- irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). (jj) " landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (kk) "Landscape Documentation Package" means the documents required under Section 492.3. (ll) "landscape project" means total area of landscape in a project as defined in " landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1.
(mm) " landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. (nn) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. (oo) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project.
(pp) "local water purveyor'' means any entity, including a public agency, city, county, or private water company that provides retail water service.
(qq) " low volume irrigation" means the application ofirrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(rr) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.
(ss) "master shut-off valve" is an automatic valve installed at theirrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
(tt) "Maximum Applied Water Allowance" (MA WA) means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAW A with an ET AF not to exceed 1.0. MAW A= (ETo) (0.62) [(ETAF x LA)+ ((1- ETAF) x SLA)]
(uu) "median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
(vv) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (ww) "mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (xx) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
(yy) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
§ 492 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
(zz) "non- residential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas. (aaa) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (bbb) "overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).
(ccc) "overspray" means the irrigation water which is delivered beyond the target area. (ddd) "parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. (eee) "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. (ffi) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (ggg) "plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is O to 0.1, the plant factor range for low water use plants is 0.1 to
0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0. 7 to 1.0. Plant factors cited in this ordinance are derived from the publication "Water Use Classification of Landscape Species". Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). (hhh) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (iii) "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. (ill) "record drawing" or"as- builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
(kkk) "recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
(Ill) "recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption. (mmm) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven- inch tall, cool-season grass that is well watered.
Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. (nnn) "Regional Water Efficient Landscape Ordinance" means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to. (ooo) "rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490. l, and the modified landscape area is equal to or greater than 2,500 square feet.
(ppp) "residential landscape" means landscapes surrounding single or multifamily homes.
(qqq) "run off' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (m) "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
(sss) "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. (ttt) "Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (uuu) "sprinkler head" or "spray head" means a device which delivers water through a nozzle.
(vvv) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.
(www) "station" means an area served by one valve or by a set of valves that operate simultaneously.
(xxx) "swing joint" means an irrigation component that provides a flexible, leak- free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
(yyy) "submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. (zzz) "turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warmseason grasses. (aaaa) "valve" means a device used to control the flow of water in the irrigation system.
(bbbb) "water conserving plant species" means a plant species identified as having a very low or low plant factor. ( cccc) "water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area.
Constructed wetlands used for on- site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. ( dddd) "watering window" means the time of day irrigation is allowed. (eeee) "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29-15 (April I, 20 15). Reference: Sections 65592 and 65596, Government Code; and section 11, Governor's Exec. Order No.
B- 29- 15 (April 1, 2015).
HISTORY
I. New section filed 7- 31- 92; operative 7- 31- 92 (Register 92, No. 32).
2. Amendment of section and NOTE filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
3. Amendment of section and NOTE filed 9-15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 492. Provisions for New Construction or Rehabilitated Landscapes.
(a) A local agency may designate by mutual agreement, another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Page38.2 Register 2015, No. 38; 9-18-2015
Title 23 Department of Water Resources § 492.5
Government Code; and section 11, Governor's Exec. Order No. B-29- 15 (April I, 2015).
HISTORY
I. New section filed 7- 31- 92; operative 7- 31- 92 (Register 92, No. 32).
2. Amendment of section beading, repealer and new section and amendment of NOTE filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
3. Amendment of section and NOTE filed 9-15-2015; operative 9- 15- 2015. Exempt from OAL review and submitted to OAL for printin~ only pursuant to Governor's Executive Order No. B-29-15 ( 4-1- 20 I 5) (Register2015, No. 38). § 492.1. Compliance with Landscape Documentation
Package.
(a) Prior to construction, the local agency shall:
(I) provide the project applicant with the ordinance and procedures for permits, plan checks or design reviews;
(2) review the Landscape Documentation Package submitted by the project applicant;
(3) approve or deny the Landscape Documentation Package; ( 4) issue a permit or approve the plan check or design review for the project applicant; and
(5) upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
(b) Prior to construction, the project applicant shall:
(I) submit a Landscape Documentation Package to the local agency. (c) Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall:
( l) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (2) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and
(3) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
§ 492.2. Penalties.
(a) A local agency may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
§ 492.3. Elements of the Landscape Documentation
Package.
(a) The Landscape Documentation Package shall include the following six (6) elements:
(I) project information;
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet)
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)
(F) water supply type ( e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) checklist of all documents in Landscape Documentation Package (H) project contacts to include contact information for the project applicant and property owner (I) applicant signature and date with statement, " I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package".
(2) Water Efficient Landscape Worksheet;
(A) hydrozone information table
(B) water budget calculations
I. Maximum Applied Water ALiowance (MA WA)
2. Estimated Total Water Use (ETWU)
(3) soil management report;
(4) landscape design plan;
(5) irrigation design plan; and
(6) grading design plan.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
I. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§ 492.4. Water Efficient Landscape Worksheet.
(a) A project applicant shaJI complete the Water Efficient Landscape Worksheet in Appendix B which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ET AF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The ET AF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.
(I) In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.
(b) Water budget calculations shall adhere to the following requirements:
(I) The plant factor used shall be from WU COLS or from horticultural researchers with academic institutions or professional associations asapproved by the California Department of Water Resources (DWR). The plant factor ranges from O to 0. I for very low water using plants, 0.1 to
0.3 for low water use plants, from 0.4 to 0.6 for moderate wateruse plants, and from 0. 7 to 1.0 for high water use plants.
(2) All water features shall be included in the high wateruse hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (3) All Special Landscape Areas shall be identified and their water use calculated as shown in Appendix B.
( 4) ET AF for new and existing (non- rehabilitated) Special Landscape Areas shall not exceed 1.0.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11 , Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
I. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9- 15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 492.5. Soil Management Report.
(a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:
(I) Submit soil samples to a laboratory for analysis and recommendations.
Page38.3 Register 2015, No. 38; 9-18-2015
§ 492.6 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 (A) Soil sampling shaU be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
(B) The soil analysis shall include:
1. soil texture;
2. infiltration rate determined by laboratory test or soil texture infiltration rate table;
3.pH;
4. total soluble salts;
5. sodium;
6. percent organic matter; and
7. recommendations.
(C) In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of l in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to l in 7 lots.
(2) The project applicant, or his/her designee, shall comply with one of the following:
(A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion. (3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. ( 4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 20 15). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1,2015).
HISTORY
I. New section filed 9- 1~2009; operative 9- 1~2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Amendment of subsection (a)(l )(B), new subsection (a)(l XC) and amendment ofNOTE filed 9-15-2015; operative 9- 15-2015. Exempt fromOAL review and submitted to OAL for printing only pursuantto Governor's Executive Order No.
B- 29-15 (4-1- 2015) (Register 2015, No. 38).
§ 492.6. Landscape Design Plan.
(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
( l) Plant Material
(A) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following:
1. protection and preservation of native species and natural vegetation;
2. selection of water-conserving plant, tree and turf species, especially local native plants;
3. selection of plants based on local climate suitability, disease and pest resistance;
4. selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and
5. selection of plants from local and regional landscape program plant lists.
6. selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydrozone shall have plant materials with similar water use, with the exception ofhydrozones with plants of mixed water use, as specified in Section 492.7(a)(2)(D). (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
l. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
2. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [ e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and
3. consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means I foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x l 00 = slope percent).
(E) High water use plants, characterized by a plant factor ofO. 7 to 1.0, are prohibited in street medians.
(F) A landscape design plan for projects in fire-prone areas shall address tire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 429l(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. (G) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (H) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low- water use plants as a group.
(2) Water Features
(A) Recirculating water systems shall be used for water features. (B) Where available, recycled water shall be used as a source for decorative water features. (C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
(D) Pool and spa covers are highly recommended.
(3) Soil Preparation, Mulch and Amendments
(A) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
(B) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5).
(C) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
(D) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (E) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
(F) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
(G) Organic mulch materials made from recycled or post---consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post---consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (b) The landscape design plan, at a minimum, shall:
Page38A Register 2015, No. 38; 9-18-2015
Title 23 Department of Water Resources § 492.7
(I) delineate and label each hydrozone by number, letter, or other method;
(2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas;
(4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water;
(6) identify type of mulch and application depth;
(7) identify soil amendments, type, and quantity;
(8) identify type and surface area of water features;
(9) identify hardscapes (pervious and non-pervious);
(I 0) identify location, installation details, and 24---hour retention or infiltration capacity of any applicable storm water best management practices that encourage on-site retention and infiltration of stormwater.
Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 492.16. ( 11) identify any applicable rain harvesting or catchment technologies as discussed in Section 492.16 and their 24---hour retention or infiltration capacity;
(12) identify any applicable graywater discharge piping, system components and area(s) of distribution; ( 13) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and
( 14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.l, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 670 I, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.).
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 2015). Reference: Section 65596, Government Code; Section 1351, Civil Code; and section 11, Governor's Exec.
Order No. B- 29- 15 (April I, 2015).
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9- 15-2015; operative 9- 15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 492.7. Irrigation Design Plan.
(a) This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (I) System
(A) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non- residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:
I. a customer service meter dedicated to landscape use provided by the local water purveyor; or
2. a privately owned meter or submeter.
(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (C) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
I. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inJine pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection.
These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point ofconnection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
(F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
(G) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non- residential landscapes and residential landscapes of 5000 sq. ft. or larger.
(H) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
(I) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non- targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
(J) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (K) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (L) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 492.4 regarding the Maximum Applied Water Allowance.
(M) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/Intemational Code Council's (ASABE/ICC) 802- 2014 "Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of0.65 or higher using the protocol defined in ASABE/ICC 802- 2014.
(N) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands ( on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
(0) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (P) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (Q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (R) Swing j oints or other riser- protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.
Page38.S Register 2015, No. 38; 9-18-2015
§ 492.8 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 (S) Check valves or anti-<lrain valves are required on all sprinkler heads where low point drainage could occur.
(T) Areas less than ten ( I 0) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
(U) Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted.
The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
I. the landscape area is adjacent to permeable surfacing and no runoff occurs; or
2. the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping; or
3. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 492.7 (a)(l)(I). Prevention ofoverspray and runoff must be confirmed during the irrigation audit.
(V) Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (2) Hydroz.one
(A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (C) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
(D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
I. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
2. the plant factor of the higher water using plant is used for calculations. (E) Individual hydrozones that mix high and low wateruse plants shall not be permitted.
(F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. (b) The irrigation design plan, at a minimum, shall contain:
(I) location and size of separate water meters for landscape; (2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backtlow prevention devices; (3) static water pressure at the point of connection to the public water supply;
(4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section 492.14; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and
(7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 ofTitle16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9- 15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 492.8. Grading Design Plan.
(a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
(1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(A) height of graded slopes;
(B) drainage patterns;
(C) pad elevations;
(D) finish grade; and
(E) stormwater retention improvements, if applicable.
(2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; (B) avoid disruption of natural drainage patterns and undisturbed soil; and
(C) avoid soil compaction in landscape areas.
(3) The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
I. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
§ 492.9. Certificate of Completion.
(a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements:
(I) project information sheet that contains:
(A) date;
(B) project name;
(C) project applicant name, telephone, and mailing address; (D) project address and location; and
(E) property owner name, telephone, and mailing address; (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;
(A) where there have been significant changes made in the field during construction, these "as- built" or record drawings shall be included with the certification;
(B) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (3) irrigation scheduling parameters used to set the controller (see Section 492.1 O); (4) landscape and irrigation maintenance schedule (see Section 492.11);
(5) irrigation audit report (see Section 492.12); and
Page38.6 Register 2015, No. 38; 9-18-2015
Title 23 Department of Water Resources § 492.13
(6) soil analysis report, ifnot submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 492.S).
(b) The project applicant shall:
(1) submit the signed Certificate of Completion to the local agency for review;
(2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.
(c) The local agency shall:
(I) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1,2015).
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. New subsection (a)(2)(B) and amendment of NOTE filed 9- 15- 2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).
§ 492.10. Irrigation Scheduling.
(a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
( 1) Irrigation scheduling shall be regulated by automatic irrigation controllers.
(2) Overhead irrigation shall be scheduled between 8:00 p.m. and I 0:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MA WA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
( 4) Parameters used to set the automatic controller shall be developed and submitted for each of the following:
(A) the plant establishment period;
(B) the established landscape; and
(C) temporarily irrigated areas.
( S) Each irrigation schedule shall consider for each station all of the following that apply:
(A) irrigation interval (days between irrigation);
(B) irrigation run times (hours or minutes per irrigation event to avoid runoff);
(C) number of cycle starts required for each irrigation event to avoid runoff;
(D) amount of applied water scheduled to be applied on a monthly basis; (E) application rate setting;
(F) root depth setting;
(G) plant type setting;
(H) soil type;
(I) slope factor setting;
(J) shade factor setting; and
(K) irrigation uniformity or efficiency setting.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
I. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§ 492.11. Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.
(b) A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
( c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. ( d) A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29- 15 (April I, 2015). Reference: Section 65596, Government Code; and section 11 , Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
I. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9- 15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printins only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Reg1ster2015, No. 38). § 492.12. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
(a) All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. (b) In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately IS% will satisfy this requirement.
( c) For new construction and rehabilitated landscape projects installed after December I, 201S, as described in Section 490.1:
(I) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune--up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming; (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30 Governor's Exec. Order No. B-29- 15 (April I, 2015). Reference: Section 65596'.
Government Code; and section 11 , Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
I. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9- 15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 492.13. Irrigation Efficiency.
(a) For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0. 7S for overhead spray devices and 0.81 for drip system devices.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30 Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596'.
Page38.7 Register 2015, No. 38; 9-18-2015
§ 492.14 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
I. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9-15-2015; operative 9- 15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register20 I 5, No. 38). § 492.14. Recycled Water.
(a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
(b) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. ( c) Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non- rehabilitated) Special Landscape Areas shall not exceed 1.0.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015).
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9- 15-2015; operative 9- 15- 2015. Ex- empt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 ( 4-1- 20 I 5) (Register20 I 5, No. 38). § 492.15. Graywater Systems.
(a) Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to§ 490.1 ( d) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 20 15). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1,2015).
HISTORY
I. New section filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Renumbering of former section 492.15 to 492.16, new section 492.15 and amendment of NOTE filed 9- 15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 492.16. Stormwater Management and Rainwater
Retention.
(a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality.
Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. (b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for i.nformation on any applicable stormwater technical requirements.
( c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to § 492.6(a)(3). (d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.
(e) It is recommended that storm water projects incorporate any of the following elements to improve on- site storm water and dry weather runoff capture and use:
• Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. • Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.
• Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize run- off. • Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. • Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. • Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.
• Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11 , Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
1. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Renumbering of former section 492.16 to section 492.17 and renumbering of former section 492.15 to new section 492.16, including amendment of section heading, section and NOTE, filed 9-15- 2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38). § 492.17. Public Education.
(a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use ofappropriate principles of design, installation, management and maintenance that save water is encouraged in the community. (I) A local agency or water supplier/purveyor shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance.
(1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.
Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015).
HISTORY
I. New section filed 9- 10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Renumbering of former section 492.17 to new section 492.18 and renumbering of former section 492.16 to new section 492.17, including amendment of sec- tion and NOTE, filed 9- 15- 2015; operative 9-15- 20 15. Exempt from OAL review and submitted to OAL for printin!l only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38).
§ 492.1 8. Environmental Review.
(a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate.
NOTE: Authority cited: Section 2 1082, Public Resources Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Sections 21080 and 21082, Public Resources Code; and section 11, Governor's Exec. Order No. B-29-15 (April I, 2015).
HISTORY
I. Renumbering of former section 492.17 to new section 492.18, including amendment ofNOTE, filed 9-15- 20 15; operative 9-15- 20 15. Exempt from OAL re- view and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29-15 (4-1- 2015) (Register 2015, No. 38).
Page38.8 Register 2015, No. 38; 9-18-2015
Title 23 Department of Water Resources § 495
§ 493. Provisions for Existing Landscapes.
(a) A local agency may by mutual agreement, designate another agency, such as a waterpmveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29- 15 (April 1,2015).
HJSTORY
I. New section filed 7- 31- 92; operative 7- 31- 92 (Register 92, No. 32).
2. Repealer and new section and amendment of NOTE filed 9- 10--2009; operative 9-10--2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
3. Amendment of section and NOTE filed 9- 15-2015; operative 9- 15- 2015. Exempt from OAL review and submitted to OAL for printin~ only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 493.1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
(a) This section, 493.1, shall apply to all existing landscapes that were installed before December I, 20 I 5 and are over one acre in size. (I) For all landscapes in 493.1 (a) that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape wateruse to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAW A= (0.8) (ETo) (LA) (0.62).
(2) For all landscapes in 493.l(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation smveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B- 29- 15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015).
HISTORY
I. New section filed 9- 10--2009; operative 9- 10--2009 pursuant to Government Code section I 1343.4 (Register 2009, No. 37).
2. Amendment of subsection (a) and NOTE filed 9- 15- 2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).
§ 493.2. Water Waste Prevention.
(a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non- irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally. (b) Restrictions regarding overspray and runoff may be modified if:
(I) the landscape area is adjacent to permeable surfacing and no runoff occurs; or
(2) the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping.
NOTE: Authority cited: Section 65594, Government Code. Reference: Section 65596, Government Code.
HlSTORY
I. New section filed 9- 10--2009; operative 9- 10--2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§ 494. Effective Precipitation.
(a) A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking wateruse and may use the following equation to calculate Maximum Applied Water Allowance:
MA WA= (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas.
MA WA= (ETo-EPPT) (0.62) [(0.45 x LA)+ (0.55 x SLA)] for nonresidential areas.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29- 15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015).
HISTORY
I. Repealer and new section; new NOTE and new Appendices A-C filed 9- 10- 2009; operative 9- 10- 2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9-15-2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1- 2015) (Register 2015, No. 38). § 495. Reporting.
(a) Local agencies shall report on implementation and enforcement by December 31, 2015. Local agencies responsible for administering individual ordinances shall report on their updated ordinance, while those agencies developing a regional ordinance shall report on their existing ordinance. Those agencies crafting a regional ordinances shall also report on their new ordinance by March I, 2016. Subsequently, reporting for all agencies will be due by January 31st of each year. Reports shall be submitted to the Department of Water Resources.
(b) Local agencies are to address the following:
( 1) State whether you are adopting a single agency ordinance or a regional agency alliance ordinance, and the date of adoption or anticipated date of adoption.
(2) Define the reporting period. The reporting period shall commence on December 1, 2015 and the end on December 28, 2015. For local agencies crafting regional ordinances with other agencies, there shall be an additional reporting period commencing on February 1, 2016 and ending on February 28, 2016. In subsequent years, all local agency reporting will be for the calendar year.
(3) State if using a locally modified Water Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified WELO, how is it different than MWELO, is itat least as efficient as MWELO, and are there any exemptions specified?
(4) State the entity responsible for implementing the ordinance. (5) State number and types of projects subject to the ordinance during the specified reporting period.
(6) State the total area (in square feet or acres) subject to the ordinance over the reporting period, if available.
(7) Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period. (8) Describe the procedure for review of projects subject to the ordinance. (9) Describe actions taken to verify compliance. Is a plan check performed; if so, by what entity? Is a site inspection performed; if so, by what entity? Is a post- installation audit required; if so, by whom? (10) Describe enforcement measures.
( 11) Explain challenges to implementing and enforcing the ordinance. (12) Describe educational and other needs to properly apply the ordinance.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1,2015).
HISTORY
I. New section filed 9-15-2015; operative 9- 15- 2015. Exempt from OALreview and submitted to OAL for printing only pursuantto Governor's Executive Order No. B-29- 15 (4-1- 2015) (Register 2015, No. 38). For prior history, see Register 2009, No. 37.
Page38.9 Register 2015, No. 38; 9-18-2015
§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A. Reference Evapotranspiration (ETo) Table
Appendix A - Reference Evapotranspiration (ETo, Table*
Annual
County and City Jan Feb Mar Apr Mav Jun Jul Aue: Sep Oct Nov Dec ETo
ALAMEDA
Fremont 1.5 1.9 3.4 4.7 5.4 6.3 6.7 6.0 4.5 3.4 1.8 1.5 47.0 Livermore 1.2 1.5 2.9 4.4 5.9 6.6 7.4 6.4 5.3 3.2 l.5 0.9 47.2 Oakland 1.5 1.5 2.8 3.9 5.1 5.3 6.0 5.5 4.8 3.] J.4 0 .9 418 Oakland Foothills l.l 1.4 2.7 3.7 5.1 6.4 5. 8 4.9 3.6 2.6 1.4 1.0 39.6 Pleasanton 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 Union City 1.4 l.8 3.1 4.2 5.4 5.9 6.4 5.7 4.4 3.1 1.5 1.2 44.2 ALPINE
Markleeville 0.7 0.9 2.0 3.5 5.0 6.1 7.3 6.4 4.4 2.6 1.2 0.5 40.6 AMADOR
Jackson 1.2 1.5 2.8 4.4 6.0 7.2 7.9 7.2 5.3 3.2 1.4 0.9 48.9 Shanandoah Valley 1.0 1.7 2.9 4.4 5.6 6 .8 7.9 7.1 5.2 3.6 1.7 1.0 48.8 BUTTE
Chico 1.2 1.8 2.9 4.7 6 .1 7.4 8.5 7.3 5.4 3.7 1.7 1.0 5 1.7 Durham I.I 1.8 3.2 5.0 6.5 7.4 7.8 6.9 5.3 3.6 1.7 1.0 51.1 Gridley 1.2 1.8 3.0 4 .7 6.1 7.7 8.5 7.1 5.4 3.7 1.7 1.0 51.9 Oroville 1.2 1.7 2.8 4 .7 6 .1 7.6 8.5 7.3 5.3 3.7 1.7 1.0 51.5
CALAVERAS
San Andreas 1.2 1.5 2.8 4 .4 6.0 7J 7.9 7.0 5.3 3.2 1.4 0.7 48.8 COLUSA
Colusa 1.0 1.7 3.4 5.0 6.4 7.6 8.3 7.2 5.4 3.8 1.8 I.I 52.8 Williams 1.2 1.7 2.9 4.5 6.1 7.2 8.5 7.3 5.3 3.4 1.6 1.0 50.8
CONTRA COST A
Brentwood 1.0 1.5 2.9 4.5 6. 1 7. 1 7.9 6.7 5.2 3.2 1.4 0.7 48.3 Concord 1.1 1.4 2.4 4.0 5.5 5.9 7.0 6.0 4.8 3.2 1.3 0.7 43.4 Courtland 0.9 LS 2.9 4 .4 6.1 6.9 7.9 6.7 5.3 3.2 1.4 0.7 48.0 Martinez 1.2 1.4 2.4 3.9 5.3 5.6 6.7 5.6 4 .7 3.1 1.2 0.7 41.8 Moraga 1.2 1.5 3.4 4.2 5.5 6.1 6.7 5.9 4 .6 3.2 1.6 1.0 44.9 Pittsburg 1.0 1.5 2.8 4.1 5.6 6.4 7.4 6.4 5.0 3.2 1.3 0.7 45.4 Walnut Creek 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2
DEL NORTE
Crescent City 0.5 0.9 2.0 3.0 3.7 3.5 4.3 3.7 3.0 2.0 0.9 0.5 27.7
ELDORADO
Camino 0.9 1.7 2.5 3.9 5.9 7.2 7.8 6.8 5.1 3. 1 l.S 0.9 47.3 FRESNO
Clovis 1.0 1.5 3.2 4.8 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 5 1.4 Coalinga 1.2 1.7 3.1 4.6 6.2 7.2 8.5 7.3 5.3 3.4 1.6 0.7 50.9 Firebaugh 1.0 1.8 3.7 5.7 7.3 8.1 8.2 7.2 5.5 3.9 2.0 l.l 55.4 FivePoints 1.3 2 .0 4.0 6.1 7.7 8.5 8.7 8.0 6.2 4.5 2.4 1.2 60.4 Fresno 0.9 1.7 3.3 4.8 6.7 7.8 8.4 7.1 5.2 3.2 1.4 0.6 SI. I Fresno State 0.9 1.6 3.2 5.2 7.0 8.0 8.7 7.6 5.4 3.6 1.7 0.9 53.7 Friant 1.2 J.5 3. l 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 5 1.3 Kerman 0.9 1.5 3.2 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 5 1.2 Kingsburg 1.0 1.5 3.4 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 5 l.6 Mendota 1.5 2.5 4.6 6.2 7.9 8.6 8.8 7.5 5.9 4.5 2.4 1.5 61.7 Orange Cove 1.2 1.9 3.5 4.7 7.4 8.5 8.9 7.9 5.9 3.7 1.8 1.2 56.7 Panoche 1.1 2.0 4.0 5.6 7.8 8.5 8.3 7.3 5.6 3.9 1.8 1.2 57.2 Parlier 1.0 1.9 3.6 5.2 6.8 7.6 8.1 7.0 5. I 3.4 1.7 0.9 52.0
Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration (ETo Table*
Annual
Countv and Citv Jan Feb Mar Aor May Jun Jul Au2: Seo Oct Nov Dec ETo FRESNO
Reedley I.I 1.5 3.2 4.7 6.4 7.7 8.5 7.3 S.3 3.4 1.4 0.7 S1.3 Westlands 0.9 1.7 3.8 6.3 8.0 8.6 8.6 7.8 5.9 4.3 2.1 1.1 58.8 GLENN
Orland l.l 1.8 3.4 S.0 6.4 7.5 7.9 6.7 5.3 3.9 1.8 1.4 52. l Willows 1.2 1.7 2.9 4.7 6.1 7 .2 8.S 7.3 5.3 3.6 1.7 1.0 s 1.3
HUMBOLDT
Eureka 0.5 I.I 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Ferndale 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Garberville 0.6 1.2 2.2 3.1 4.5 5.0 5.5 4.9 3.8 2.4 1.0 0.7 34.9 Hoopa 0.5 1.1 2.1 3.0 4.4 5.4 6.1 5. I 3.8 2.4 0.9 0.7 35.6
IMPERIAL
Brawley 2.8 3.8 5.9 8.0 10.4 11.5 11.7 10.0 8.4 6.2 3.5 2.1 84.2 Calipatria/Mulberry 2.4 3.2 5.1 6.8 8.6 9.2 9.2 8.6 7.0 5.2 3 .1 2.3 70.7 El Centro 2.7 3.5 5.6 7.9 10.1 I 1.1 11.6 9.5 8.3 6.1 3.3 2.0 81.7 Holtville 2.8 3.8 5.9 7.9 10.4 11.6 12.0 JO.0 8.6 6.2 3.5 2.1 84.7 Meloland 2.5 3.2 5.5 7.5 8.9 9.2 9.0 8.5 6.8 5.3 3.1 2.2 71.6 Palo Verde II 2.5 3.3 5.7 6.9 8.5 8.9 8.6 7.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.5 5.9 7.7 9.7 10.1 9.3 8.3 6.9 5.5 3.4 2.2 75.4 Westmoreland 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 INYO
Bishop 1.7 2.7 4.8 6.7 8.2 10.9 7.4 9.6 7.4 4.8 2.5 1.6 68.3 Death ValJey Jct 2.2 3.3 5.4 7.7 9.8 I Ll 11.4 10.1 8.3 5.4 2.9 1.7 79.l Independence 1.7 2.7 3.4 6.6 8.5 9.5 9.8 8.5 7.1 3.9 2.0 1.5 65.2 Lower Haiwee Res. 1.8 2.7 4.4 7.1 8.5 9.5 9.8 8.5 7.1 4.2 2.6 1.5 67.6 Oasis 2.7 2.8 5.9 8.0 10.4 11.7 11.6 10.0 8.4 6.2 3.4 2.1 83.l KERN
Arvin 1.2 1.8 3.5 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 5 1.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 7.3 5.3 3.5 1.6 0.9 52.4 Bakersfield/Bonanza 1.2 2.2 3.7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Bakersfield/Greenlee 1.2 2.2 3.7 5.7 7.4 8 .2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Belridge 1.4 2.2 4.1 5.5 7.7 8.5 8.6 7.8 6.0 3.8 2.0 1.5 59.2 Blackwells Comer 1.4 2.1 3.8 5.4 7.0 7.8 8.5 7.7 5.8 3.9 1.9 1.2 56.6 Buttonwillow 1.0 1.8 3.2 4.7 6.6 7.7 8.5 7.3 5.4 3.4 1.5 0.9 52.0 China Lake 2.1 3.2 5.3 7.7 9.2 10 .0 I 1.0 9.8 7.3 4.9 2.7 1.7 74.8 Delano 0.9 1.8 3.4 4.7 6.6 7 .7 8.5 7.3 5.4 3.4 1.4 0.7 52.0 Famoso 1.3 1.9 3.5 4.8 6.7 7 .6 8.0 7.3 5.5 3.5 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6.8 5.9 3.4 1.9 1.0 49.5 Inyokem 2.0 3.1 4.9 7.3 8.5 9 .7 11.0 9.4 7.1 5.1 2.6 1.7 72.4 Isabella Dam 1.2 1.4 2.8 4.4 5.8 7.3 7.9 7.0 5.0 3.2 1.7 0.9 48.4 Lamont 1.3 2.4 4.4 4.6 6.5 7.0 8.8 7.6 5.7 3.7 1.6 0.8 54.4 Lost Hills 1.6 2.2 3.7 5.l 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 McFarland/Kem 1.2 2.1 3.7 5.6 7.3 8.0 8.3 7.4 5.6 4.1 2.0 1.2 56.5 Shafter LO 1.7 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.5 0.9 52.1 Taft 1.3 1.8 3.1 4.3 6.2 7.3 8.5 7.3 5.4 3.4 1.7 1.0 51.2 Tehachapi 1.4 l.8 3.2 5.0 6.1 7.7 7.9 7.3 5.9 3.4 2.1 1.2 52.9 KINGS
Caruthers 1.6 2.5 4.0 5.7 7.8 8.7 9.3 8.4 6.3 4.4 2.4 1.6 62.7
§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A - Reference EvapotransJ>iration (ETo, Table* Annual
County and Citv Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo KINGS
Corcoran 1.6 2.2 3.7 5.l 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Hanford 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.2 5.4 3.4 1.4 0.7 51.5 Kettleman 1.1 2.0 4.0 6.0 7.5 8.5 9.1 8.2 6.1 4 .5 2.2 I.I 60.2 Lemoore 0.9 l .5 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 l.4 0.7 51.7 Stratford 0.9 1.9 3.9 6.1 7.8 8.6 8.8 7.7 5.9 4.1 2.1 1.0 58.7 LAKE
Lakeport I.I 1.3 2.6 3.5 5. I 6.0 7.3 6.1 4.7 2.9 1.2 0.9 42.8 Lower Lake 1.2 1.4 2.7 4.5 5.3 6.3 7.4 6.4 5.0 3.1 l.3 0.9 45.4 LASSEN
Buntingville 1.0 1.7 3.5 4.9 6.2 7.3 8.4 7.5 5.4 3.4 1.5 0.9 51.8 Ravendale 0.6 1.1 2.3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Susanville 0.7 l.O 2.2 4.1 5.6 6.5 7.8 7.0 4.6 2.8 1.2 0.5 44.0
LOS ANGELES
Burbank 2.1 2.8 3.7 4.7 5.1 6.0 6.6 6.7 5.4 4.0 2.6 2.0 51.7 Claremont 2.0 2.3 3.4 4.6 5.0 6.0 7.0 7.0 5.3 4.0 2.7 2.1 51.3 El Dorado 1.7 2-2 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 l.7 46.3 Glendale 2.0 2.2 3.3 3.8 4.7 4.8 5.7 5.6 4.3 3.3 2.2 1.8 43.7 Glendora 2.0 2.5 3.6 4 .9 5.4 6.1 7.3 6.8 5.7 4.2 2.6 2.0 53.1 Gorman 1.6 2.2 3.4 4.6 5.5 7.4 7.7 7.1 5.9 3.6 2.4 1.1 52.4 Hollywood Hills 2.1 2.2 3.8 5.4 6.0 6.5 6.7 6.4 5.2 3.7 2.8 2.1 52.8 Lancaster 2.1 3.0 4.6 5.9 8.5 9.7 11.0 9.8 7.3 4.6 2.8 1.7 71.1 Long Beach 1.8 2.1 3.3 3.9 4.5 4.3 5.3 4.7 3.7 2.8 1.8 1.5 39.7 Los Angeles 2.2 2.7 3.7 4.7 5.5 5.8 6.2 5.9 5.0 3.9 2.6 1.9 50.l Monrovia 2.2 2.3 3.8 4.3 5.5 5.9 6.9 6.4 5.1 3.2 2.5 2.0 50.2 Palmdale 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2. 1 66.2 Pasadena 2.1 2.7 3.7 4.7 5.1 6.0 7.1 6.7 5.6 4.2 2.6 2.0 52.3 Pearblossom l.7 2.4 3.7 4.7 7.3 7.7 9.9 7.9 6.4 4.0 2.6 1.6 59.9 Pomona l.7 2.0 3.4 4.5 5.0 5.8 6.5 6.4 4.7 3.5 2.3 1.7 47.5 Redondo Beach 2.2 2.4 3.3 3.8 4.5 4.7 5.4 4.8 4.4 2.8 2.4 2.0 42.6 San Fernando 2.0 2.7 3.5 4.6 5.5 5.9 7.3 6.7 5.3 3.9 2.6 2.0 52.0 Santa Clarita 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 5.0 5.4 5.4 3.9 3.4 2.4 2.2 44.2 MADERA
Chowchilla 1.0 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Madera 0.9 1.4 3.2 4.8 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.5 Raymond 1.2 1.5 3.0 4.6 6.1 7.6 8.4 7.3 5.2 3.4 1.4 0.7 50.5 MARIN
Black Point I.I 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 Novato 1.3 1.5 2.4 3.5 4.4 6.0 5.9 5.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro I.I 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 28 1.3 0.9 43.0 San Rafael 1.2 1.3 2.4 3.3 4.0 4.8 4.8 4.9 4.3 2.7 1.3 0.7 35.8
MARIPOSA
Coulterville I.I 1.5 2.8 4.4 5.9 7.3 8. 1 7.0 5.3 3.4 1.4 0.7 48.8 Mariposa I.I 1.5 2.8 4.4 5.9 7.4 8.2 7.1 5.0 3.4 1.4 0.7 49.0 Yosemite Village 0.7 1.0 2.3 3.7 5.1 6.5 7.l 6.1 4.4 2.9 1.1 0.6 41.4
MENDOCINO
Fort Bragg 0.9 1.3 2.2 3.0 3.7 3.5 3.7 3.7 3.0 2.3 1.2 0.7 29.0 Hopland I.I 1.3 2.6 3.4 5.0 5.9 6.5 5.7 4 .5 2.8 1.3 0.7 40.9
Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration (ETo, Table*
Annual
County and City Jan Feb Mar Apr May Jun Jul Aue Sep Oct Nov Dec ETo
MENDOCINO
Point Arena 1.0 1.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Sane! Valley 1.0 1.6 3.0 4.6 6.0 7.0 8.0 7.0 5.2 3.4 1.4 0.9 49.1 Ukiah 1.0 1.3 2.6 3.3 5.0 5.8 6.7 5.9 4.5 2.8 1.3 0.7 40.9 MERCED
Kesterson 0.9 1.7 3.4 5.5 7.3 8.2 8.6 7.4 5.5 3.8 1.8 0.9 55.1 Los Banos 1.0 1.5 3.2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 J.4 0.7 50.0 Merced 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 5.3 3.4 1.4 0.7 51.5 MODOC
Modoc/ Alturas 0.9 1.4 2.8 3.7 5.1 6.2 7.5 6.6 4.6 2.8 1.2 0 .7 432 MONO
Bridgeoort 0.7 0.9 2.2 3.8 5.5 6.6 7.4 6.7 4.7 2.7 1.2 0 .5 43.0
MONTEREY
Arroyo Seco 1.5 2.0 3.7 5.4 6.3 7.3 7.2 6.7 5.0 3.9 2 .0 1.6 52.6 Castro vi lie 1.4 1.7 3.0 4.2 4.6 4.8 4.0 3.8 3.0 2.6 1.6 1.4 36.2 Gonzales l.3 1.7 3.4 4.7 5.4 6.3 6.3 5.9 4.4 3.4 1.9 1.3 45.7 Greenfield 1.8 2.2 3.4 4.8 5.6 63 6.5 6.2 4.8 3.7 2.4 1.8 49.5 King City 1.7 2.0 3.4 4.4 4.4 5.6 6.1 6.7 6.5 5.2 2 .2 1.3 49.6 King City-Oasis Rd. 1.4 1.9 3.6 5.3 6.5 7.3 7.4 6.8 5. 1 4.0 2.0 1.5 52.7 Long Valley 1.5 1.9 3.2 4.1 5.8 6.5 7.3 6.7 5.3 3.6 2 .0 1.2 49.1 Monterey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 3.5 2.8 1.9 1.5 36.0 Pajaro 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2 .4 1.8 46.1 Salinas 1.6 1.9 2.7 3.8 4.8 4.7 5.0 4.5 4.0 2.9 1.9 1.3 39.1 Salinas North 1.2 1.5 2.9 4.1 4.6 5.2 4.5 4.3 3.2 2.8 1.5 1.2 36.9 San Ardo 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 San Juan 1.8 2.1 3.4 4.6 5.3 5.7 5.5 4.9 3.8 3.2 2 .2 1.9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5.4 6.5 6.2 5.2 3.7 2 .2 1.5 47.7 NAPA
Angwin 1.8 1.9 3.2 4.7 5.8 7.3 8. l 7.1 5.5 4.5 2.9 2.1 54.9 Carneros 0.8 1.5 3.1 4.6 5.5 6.6 6.9 6.2 4.7 3.5 1.4 1.0 45.8 Oakville 1.0 1.5 2.9 4.7 5.8 6.9 7.2 6.4 4.9 3.5 1.6 1.2 47.7 St Helena J.2 1.5 2.8 3.9 5.1 6.1 7.0 6.2 4.8 3.1 1.4 0 .9 44.I Yountville l.3 1.7 2.8 3.9 5.1 6.0 7.1 6.1 4.8 3.1 1.5 0 .9 44.3 NEVADA
Grass Valley 1.1 1.5 2.6 4.0 5.7 7.1 7.9 7.1 5.3 3.2 1.5 0 .9 48.0 Nevada City I.] 1.5 2.6 3.9 5.8 6.9 7.9 7.0 5.3 3.2 1.4 0 .9 47.4 ORANGE
Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 Laguna Beach 2.2 2.7 3.4 3.8 4.6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 Santa Ana 2.2 2.7 3.7 4.5 4.6 5.4 6.2 6.1 4.7 3.7 2.5 2.0 48.2 PLACER
Auburn 1.2 1.7 2.8 4.4 6.1 7.4 8.3 7.3 5.4 3.4 1.6 1.0 50.6 Blue Canyon 0.7 I.] 2.1 3.4 4.8 6.0 7.2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax 1.1 1.5 2.6 4.0 5.8 7.1 7.9 7.0 5.3 3.2 1.4 0.9 47.9 Roseville I.I 1.7 3.1 4.7 6.2 7.7 8.5 7.3 5.6 3.7 1.7 1.0 52.2 Soda Springs 0.7 0.7 1.8 3.0 4.3 5.3 6.2 5.5 4.1 2.5 0.7 0.7 35.4 Tahoe City 0.7 0.7 1.7 3.0 4.3 5.4 6.1 5.6 4.1 2.4 0.8 0.6 35.5 Truckee 0.7 0.7 1.7 3.2 4.4 5.4 6.4 5.7 4.1 2.4 0.8 0.6 36.2
§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A - Reference Evapotranspiration (ETo Table*
Annual
County and City Jan Feb Mar Apr May Jun Jul Aug Seo Oct Nov Dec ETo PLUMAS
Portola 0.7 0.9 1.9 3.5 4.9 5.9 7.3 5.9 4.3 2.7 0.9 0.5 39.4 Quincy 0.7 0.9 2.2 3.5 4.9 5.9 7.3 5.9 4.4 2.8 1.2 0.5 40.2
RIVERSIDE
Beaumont 2.0 2.3 3.4 4.4 6.1 7.1 7.6 7.9 6.0 3.9 2.6 1.7 55.0 Blythe 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Cathedral City l.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.l Coachella 2.9 4.4 6.2 8.4 10.5 11.9 12.3 JO. I 8.9 6.2 3.8 2.4 88.1 Desert Center 2.9 4.1 6.4 8.5 11.0 12.1 12.2 I I. I 9.0 6.4 3.9 2.6 90.0 Elsinore 2.1 2.8 3.9 4.4 5.9 7.1 7.6 7.0 5.8 3.9 2.6 1.9 55.0 Indio 3.1 3.6 6.5 8.3 10.5 l 1.0 10.8 9.7 8.3 5.9 3.7 2.7 83.9 La Quinta 2.4 2.8 5.2 6.5 8.3 8.7 8.5 7.9 6.5 4.5 2.7 2.2 66.2 Mecca 2.6 3.3 5.7 7.2 8.6 9.0 8.8 8.2 6.8 5.0 3.2 2.4 70.8 Oasis 2.9 3.3 5.3 6. 1 8.5 8.9 8.7 7.9 6.9 4.8 2.9 2.3 68.4 Palm Desert 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 Palm Springs 2.0 2.9 4.9 7.2 8.3 8.5 11.6 8.3 7.2 5.9 2.7 1.7 7 1. 1 Rancho California 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 Rancho Mirage 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 7 1.4 Ripley 2.7 3.3 5.6 7.2 8.7 8.7 8.4 7.6 6 .2 4.6 2.8 2.2 67.8 Salton Sea North 2.5 3.3 5.5 7.2 8.8 9.3 9.2 8.5 6.8 5.2 3.1 2.3 71.7 Temecula East II 2.3 2.4 4.1 4 .9 6.4 7.0 7.8 7.4 5.7 4.1 2.6 2.2 56.7 Thermal 2.4 3.3 5.5 7.6 9.1 9.6 9.3 8.6 7.1 5.2 3. 1 2.1 72.8 Riverside UC 2.5 2.9 4.2 5.3 5.9 6.6 7.2 6.9 5.4 4 .1 2.9 2.6 56.4 Winchester 2.3 2.4 4.1 4.9 6.4 6.9 7.7 7.5 6 .0 3.9 2.6 2.1 56.8
SACRAMENTO
Fair Oaks 1.0 1.6 3.4 4.1 6.5 7.5 8.1 7.1 5.2 3.4 1.5 1.0 50.5 Sacramento 1.0 1.8 3.2 4.7 6.4 7.7 8.4 7.2 5.4 3.7 1.7 0.9 51.9 Twitchell Island 1.2 1.8 3.9 5.3 7.4 8.8 9.1 7.8 5.9 3.8 1.7 1.2 57.9
SAN BENITO
Hollister 1.5 1.8 3. I 4 .3 5.5 5.7 6.4 5.9 5.0 3.5 1.7 1.1 45.] San Benito 1.2 1.6 3.1 4 .6 5.6 6.4 6.9 6.5 4.8 3.7 1.7 1.2 47.2 San Juan Valley 1.4 1.8 3.4 4 .5 6.0 6.7 7.1 6.4 5.0 3.5 1.8 1.4 49.1
SAN BERNARDINO
Baker 2.7 3.9 6.1 8.3 10.4 11.8 12.2 11.0 8.9 6 .1 3.3 2.1 86.6 Barstow NE 2.2 2.9 5.3 6.9 9.0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 Big Bear Lake 1.8 2.6 4.6 6.0 7.0 7.6 8. 1 7.4 5.4 4 .1 2.4 1.8 58.6 Chino 2.1 2.9 3.9 4 .5 5.7 6.5 7.3 7.J 5.9 4.2 2.6 2.0 54.6 Crestline 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5.4 3.5 2.2 1.6 50.8 Lake Arrowhead 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 11.0 11.4 9.9 7.4 5.0 3.0 1.8 75.3 Needles 3.2 4.2 6.6 8.9 l 1.0 12.4 12.8 11.0 8.9 6.6 4.0 2.7 92.1 Newberry Springs 2.1 2.9 5.3 8.4 9.8 10.9 11.1 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 2.0 2.7 3.8 4.6 5.7 6.9 7.9 7.4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2.6 3.6 5.9 7.9 10. 1 112 11.2 l0.3 8.6 5.9 3.4 2.2 82.9 Victorville 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2
SAN DIEGO
Chula Vista 2.2 2.7 3.4 3.8 4.9 4.7 5.5 4.9 4.5 3.4 2.4 2.0 44.2 Escondido SPV 2.4 2.6 3.9 4.7 5.9 6.5 7.1 6.7 5.3 3.9 2.8 2.3 54.2 Miramar 2.3 2.5 3.7 4.1 5.1 5.4 6.1 58 4.5 3.3 2.4 2.1 47.1
Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration (ETo) Table*
Annual
County and Citv Jan Feb Mar Apr May Jun Jul Au2 Sep Oct Nov Dec ETo
SAN DIEGO
Oceanside 2.2 2.7 3.4 3.7 4.9 4.6 4.6 5.1 4.1 3.3 2.4 2.0 42.9 OtayLake 2.3 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 2.2 50.4 Pine Valley 1.5 2.4 3.8 5.1 6.0 7.0 7.8 7.3 6 .0 4.0 2.2 1.7 54.8 Ramona 2.1 2. l 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.1 2 .8 2.1 51.6 San Diego 2.1 2.4 3.4 4.6 5.1 5.3 5.7 5.6 4.3 3.6 2.4 2.0 46.5 Santee 2. 1 2.7 3.7 4.5 5.5 6.1 6.6 6.2 5.4 3.8 2.6 2.0 51.l Torrey Pines 2.2 2.3 3.4 3.9 4.0 4.1 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Warner Springs l.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 6.3 4.0 2.5 1.3 56.0
SAN FRANCISCO
San Francisco 1.5 1.3 2.4 3.0 3.7 4.6 4.9 4.8 4 .1 2.8 1.3 0.7 35.1
SAN JOAQUIN
Farmington 1.5 l.5 2.9 4.7 6.2 7.6 8.1 6.8 5.3 3.3 l.4 0.7 50.0 Lodi West 1.0 1.6 3.3 4.3 6.3 6.9 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Manteca 0.9 1.7 3.4 5.0 6.5 7.5 8.0 7.1 5.2 3.3 1.6 0.9 51.2 Stockton 0.8 1.5 2.9 4.7 6.2 7.4 8. I 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6.1 7.3 7.9 6.7 5.3 3.2 1.3 0.7 48.5
SAN LUIS OBISPO
Arroyo Grande 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2.4 1.7 40.0 Atascadero 1.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2 5.0 3.2 1.7 1.0 43.7 Morro Bay 2.0 2.2 3. 1 3.5 4.3 4.5 4.6 4.6 3.8 3.5 2.1 1.7 39.9 Nipomo 2.2 2.5 3.8 5. 1 5.7 6.2 6.4 6.1 4.9 4.1 2.9 2.3 52.1 Paso Robles 1.6 2.0 3.2 4.3 5.5 6.3 7.3 6.7 5.1 3.7 2.1 1.4 49.0 San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel l.6 2.0 3.2 4.3 5.0 6.4 7.4 6.8 5. 1 3.7 2.1 1.4 49.0 San Simeon 2.0 2.0 2.9 3.5 4.2 4.4 4.6 4.3 3.5 3.1 2.0 1.7 38.1
SAN MATEO
Hal Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City 1.5 1.8 2.9 3.8 5.2 5.3 6.2 5.6 4.8 3.1 1.7 1.0 42.8 Woodside 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5
SANT A BARBARA
Betteravia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.1 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 5.5 5.7 4.5 3.4 2.4 2.0 44.9 Cuyama 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4 .5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.7 5.7 5.4 5.4 4.2 3.2 2.8 2.2 48.1 Goleta Foothills 2.3 2.6 3.7 5.4 5.3 5.6 5.5 5.7 4.5 3.9 2.8 2.3 49.6 Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6 4.1 3.3 2.4 1.7 41.1 Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Alamos 1.8 2.0 3.2 4. 1 4.9 5.3 5.7 5.5 4.4 3.7 2.4 1.6 44.6 Santa Barbara 2.0 2.5 3.2 3.8 4 .6 5. 1 5.5 4.5 3.4 2.4 1.8 1.8 40.6 Santa Maria 1.8 2.3 3.7 5.1 5.7 5.8 5.6 5.3 4.2 3.5 2.4 1.9 47.4 Santa Ynez 1.7 2.2 3.5 5.0 5.8 6.2 6.4 6.0 4.5 3.6 2.2 1.7 48.7 Sisquoc 2.1 2.5 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 1.8 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6. 1 5.6 4.4 3.7 2.2 1.6 45.6
SANTA CLARA
Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5 4.7 3.4 1.7 I.I 43.6 Los Gatos 1.5 1.8 2.8 3.9 5.0 5.6 6.2 5.5 4.7 3.2 1.7 I.I 42.9 Morgan Hill 1.5 1.8 3.4 4.2 6.3 7.0 7.1 6.0 5.1 3.7 1.9 1.4 49.5 Palo Alto 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6 5.0 3.2 1.7 1.0 43.0
§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A - Reference Evapotranspiration (ETo Table*
Annual
Countv and Citv Jan Feb Mar Apr Mav Jun Jul Am! Sep Oct Nov Dec ETo
SANTA CLARA
San Jose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9 5.2 3.3 1.8 1.0 45.3
SANTACRUZ
De Laveaga l.4 1.9 3.3 4.7 4.9 5.3 5.0 4.8 3.6 3.0 1.6 1.3 40.8 Green Valley Rd 1.2 1.8 3.2 4.5 4.6 5.4 5.2 5.0 3.7 3.1 1.6 1.3 40.6 Santa Cruz 1.5 1.8 2.6 3.5 4.3 4.4 4.8 4.4 3.8 2.8 1.7 1.2 36.6 Watsonville 1.5 1.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 I.2 37.7 Webb 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.2 SHASTA
Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 Fall River MiJls 0.6 l.0 2.1 3.7 5.0 6.1 7.8 6.7 4.6 2.8 0.9 0.5 41.8 Glenburn 0.6 1.0 2.1 3.7 5.0 6.3 7.8 6.7 4.7 2.8 0.9 0.6 42.1 McArthur 0.7 1.4 2.9 4.2 5.6 6.9 8.2 7.2 5.0 3.0 I.I 0.6 46.8 Redding 1.2 1.4 2.6 4.1 5.6 7.1 8.5 7.3 5.3 3.2 1.4 0.9 48.8 SIERRA
Downieville 0.7 1.0 2.3 3.5 5.0 6.0 7.4 6.2 4.7 2.8 0.9 0.6 41.3 Sierra ville 0.7 I.I 2.2 3.2 4.5 5.9 7.3 6.4 4.3 2.6 0.9 0.5 39.6
SISKIYOU
Happy Camp 0.5 0.9 2.0 3.0 4.3 5.2 6.1 5.3 4.1 2.4 0.9 0.5 3S.l MacDoel 1.0 1.7 3.1 4.S 5.9 7.2 8.1 7.1 5. I 3.1 l.5 1.0 49.0 Mt Shasta 0.5 0.9 2.0 3.0 4.5 5.3 6.7 5.7 4.0 2.2 0.7 0.5 36.0 Tule lake FS 0.7 1.3 2.7 4.0 5.4 6.3 7. 1 6.4 4.7 2.8 1.0 0.6 42.9 Weed 0.S 0.9 2.0 2.5 4.5 5.3 6.7 5.5 3.7 2.0 0.9 0.5 34.9 Yreka 0.6 0.9 2.1 3.0 4.9 5.8 7.3 6.5 4.3 2.5 0.9 0.5 39.2 SOLANO
Benicia 1.3 1.4 2.7 3.8 4.9 5.0 6.4 5.5 4.4 2.9 1.2 0.7 40.3 Dixon 0.7 1.4 3.2 5.2 6.3 7.6 8.2 7.2 5.5 4.3 1.6 I.I 52.1 Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0 4.8 3. 1 1.4 0.9 4S.2 Hastings Tract 1.6 2.2 3.7 S.I 6.8 7.8 8.7 7.8 5.7 4.0 2.1 l.6 57.1 Putab Creek 1.0 1.6 3.2 4.9 6.1 7.3 7.9 7.0 5.3 3.8 l.8 1.2 51.0 Rio Vista 0.9 1.7 2.8 4.4 5.9 6.7 7.9 6.5 5.1 3.2 1.3 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.7 5.8 7.0 7.7 6.8 5.3 3.8 l.4 0.9 48.3 Winters 0.9 1.7 3.3 s.o 6.4 7.5 7.9 7.0 5.2 3.5 l.6 1.0 51.0 SONOMA
Bennett Valley I.I I. 7 3.2 4.1 5.5 6.5 6.6 5.7 4.5 3.1 1.5 0.9 44.4 Cloverdale I.I l.4 2.6 3.4 5.0 5.9 6.2 5.6 4.5 2.8 1.4 0.7 40.7 Fort Ross 1.2 l.4 2.2 3.0 3.7 4 .5 4.2 4.3 3.4 2.4 1.2 0.5 31.9 Healdsburg 1.2 1.5 2.4 3.5 5.0 5.9 6.1 5.6 4.5 2.8 1.4 0.7 40.8 Lincoln 1.2 1.7 2.8 4.7 6.1 7.4 8.4 7.3 5.4 3.7 1.9 1.2 51.9 Petaluma 1.2 1.5 2.8 3.7 4.6 5.6 4.6 5.7 4.5 2.9 1.4 0.9 39.6 Santa Rosa 1.2 1.7 2.8 3.7 S.0 6.0 6.J 5.9 4.5 2.9 l.5 0.7 42.0 Valley of the Moon 1.0 1.6 3.0 4.S 5.6 6.6 7. I 6.3 4.7 3.3 l.S 1.0 46.1 Windsor 0.9 1.6 3.0 4.5 5.5 6.5 6.5 5.9 4.4 3.2 1.4 1.0 44.2
STANISLAUS
Denair 1.0 1.9 3.6 4.7 7.0 7.9 8.0 6.1 5.3 3.4 1.5 1.0 51.4 LaGrange 1.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Modesto 0.9 1.4 3.2 4.7 6.4 7.7 8.1 6.8 5.0 3.4 1.4 0.7 49.7 Newman 1.0 1.5 3.2 4.6 6.2 7.4 8.1 6.7 5.0 3.4 1.4 0.7 49.3 Oakdale 1.2 1.5 3.2 4.7 6.2 7.7 8.1 7.1 S. I 3.4 1.4 0.7 50.3
Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration <ETo Table*
Annual
County and City Jan Feb Mar Apr Mav Jun Jul Aue Sep Oct Nov Dec ETo
STANISLAUS
Patterson 1.3 2.1 4.2 5.4 7.9 8.6 8.2 6.6 5.8 4.0 1.9 1.3 57.3 Turlock 0.9 1.5 3.2 4.7 6.5 7.7 8.2 7.0 5.1 3.4 1.4 0.7 50.2 SUTTER
Nicolaus 0.9 1.6 3.2 4.9 6.3 7.5 8.0 6.9 5.2 3.4 1.5 0.9 50.2 Yuba City 1.3 2.1 2.8 4.4 5.7 7.2 7.1 6.1 4.7 3.2 1.2 0.9 46.7 TEHAMA
Coming 1.2 l.8 2.9 4.5 6.1 7.3 8.J 7.2 5.3 3.7 1.7 I.I 50.7 Gerber 1.0 l.8 3.5 5.0 6.6 7.9 8.7 7.4 5.8 4.1 1.8 I.I 54.7 Gerber Dryland 0.9 1.6 3.2 4.7 6.7 8.4 9.0 7.9 6.0 4.2 2.0 1.0 55.5 Red Bluff l.2 1.8 2.9 4.4 5.9 7.4 8.5 7.3 5.4 3.5 1.7 1.0 SI.I
TRINITY
Hay Fork 0.5 1.1 2.3 3.5 4.9 5.9 7.0 6.0 4.5 2.8 0.9 0.7 40.1 Weaverville 0.6 1.1 2.2 3.3 4.9 5.9 7.3 6.0 4.4 2.7 0.9 0.7 40.0 TULARE
Alpaugh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3 5.4 3.4 1.4 0.7 51.6 Badger 1.0 1.3 2.7 4.1 6.0 7.3 7.7 7.0 4.8 3.3 1.4 0.7 47.3 Delano I.I 1.9 4.0 4.9 7.2 7.9 8.1 7.3 5.4 3.2 1.5 1.2 53.6 Dinuba I.I 1.5 3.2 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Lindcove 0.9 1.6 3.0 4.8 6.5 7.6 8.1 7.2 5.2 3.4 1.6 0.9 50.6 Porterville 1.2 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.3 3.4 1.4 0.7 52.1 Visalia 0.9 1.7 3.3 5.1 6.8 7.7 7.9 6.9 4.9 3.2 1.5 0.8 50.7
TUOLUMNE
Groveland I.I 1.5 2.8 4. 1 5.7 7.2 7.9 6.6 5.1 3.3 1.4 0.7 47.5 Sonora I.I 1.5 2.8 4. 1 5.8 7.2 7.9 6.7 5.1 3.2 1.4 0.7 47.6
VENTURA
Camarillo 2.2 2.5 3.7 4.3 5.0 5.2 5.9 5.4 4.2 3.0 2.5 2.1 46.1 Oxnard 2.2 2.5 3.2 3.7 4.4 4.6 5.4 4.8 4.0 3.3 2.4 2.0 42.3 Piru 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Port Hueneme 2.0 2.3 3.3 4.6 4.9 4.9 4.9 5.0 3.7 3.2 2.5 2.2 43.5 Thousand Oaks 2.2 2.6 3.4 4.5 5.4 5.9 6.7 6.4 5.4 3.9 2.6 2.0 51.0 Ventura 2.2 2.6 3.2 3.8 4.6 4.7 5.5 4.9 4.1 3.4 2.5 2.0 43.5 YOLO
Bryte 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3.5 1.6 1.0 51.0 Davis 1.0 1.9 3.3 5.0 6.4 7.6 8.2 7.1 5.4 4.0 1.8 1.0 52.5 Esparto 1.0 1.7 3.4 5.5 6.9 8. 1 8.5 7.5 5.8 4.2 2.0 1.2 55.8 Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 6.7 5.3 3.3 1.6 1.0 49.4 Woodland 1.0 1.8 3.2 4.7 6.1 7.7 8.2 7.2 5.4 3.7 1.7 1.0 51.6 Zamora l.l 1.9 3.5 5.2 6.4 7.4 7.8 7.0 5.5 4.0 1.9 1.2 52.8 YUBA
Browns Valley 1.0 1.7 3.1 4.7 6.1 7.5 8.5 7.6 5.7 4.1 2.0 I. I 52.9 Brownsville I.I 1.4 2.6 4.0 5.7 6.8 7.9 6.8 5.3 3.4 !.5 0.9 47.4 * The values m this table were denved from:
1) California Irrigation Management Information System (CIMIS); 2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water Resources 1999; and
3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources ( 1987) Bulletin I 922~
4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426
HISTORY
I. New Appendix A filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Repealer and new Appendix A filed 9-15- 2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).
§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS
Appendix B - Sample Water Efficient Landscape Worksheet.
WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package.
Reference Evapotranspiration (ETo)
Hydrozone #
/Planting
Description"
Plant
Factor (PF)
Irrigation
Methodb
Irrigation
Efficiency
(IE)°
ETAF
(PF/IE)
Landscape ETAF x Area Estimated Total
Area (sq, ft,) Water Use
(ETWU)°
Regular Landscape Areas
Special Landscape Areas
"Hydrozone #IP/anting Description
E.g
1.) front fawn
2.) low waler llSe plantings
3.) medium water use planting
blffigation Method
overhead spray
or drip
0 MAWA (Annual Gallons Allowed) = (Eto) ( 0. 62) [ (ETAF x LA) + ((1-ETAF) x $LA)]
where 0.62 is a conversion factor that converts acreinches per acre per year to gallons per square foot per year. LA is the total landscape area in square feet. SLA is the total special landscape area in square feet,
and ETAF is .55 for residential areas and 0.45 for nonresidential areas.
ETAF Calculations
Regular Landscape Areas
Total ET AF x Area
Total Area
Average ETAF
All Landscape Areas
Total ETAF X Area
Total Area
Sitew ide ET AF
(B)
(A)
8-;-A
(B+D)
(A+C)
(B+D) -;, (A+C)
Totals (A) (B)
Totals (C) (D)
ETWU Total
Maximum Allowed Water Allowance (MAWA)
clrrigation Efficiency
0. 75 for spray head
0. 81 for drip
dETWU (Annual Gallons Required)=
Eto x 0.62 x ETAF x Area
where 0.62 is a conversion
factor that converts acreinches per acre per year to
gallons per square foot per
year.
Average ETAF for Regular Landscape Areas must
be 0.55 or below for residential areas, and 0.45 or
below for non-residential areas.
Title 23
HISTORY
I. New Appendix B filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
2. Repealer and new Appendix B filed 9-15- 2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).
Title 23 Department of Water Resources
Appendix C - Sample Certificate of Completion.
CERTIFICATE OF COMPLETION
This certificate is filled out by the project applicant upon completion of the landscape project.
PART 1. PROJECT INFORMATION SHEET
Date
Project Name
Name of Project Applicant Telephone No.
Fax No.
Title Email Address
Company Street Address
City State I Zip Code
Project Address and Location:
Street Address Parcel, tract or lot number. if available.
City Latitude/Longitude (optional)
State I Zip Code
Property Owner or his/her designee:
Name Telephone No.
Fax No.
Title Email Address
Company Street Address
City State I Zip Code
Property Owner
"I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule." Property Owner Signature Date
Please answer the questions below:
1. Date the Landscape Documentation Package was submitted to the local agency _____ _
2. Date the Landscape Documentation Package was approved by the local agency _____ _
3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor _____ _
§ 495
§ 495 BARCLAYS CALIFORNIA CODE OF REGULATIONS
PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE
DOCUMENTATION PACKAGE
"I/we certify that based upon periodic site observations, the work has been completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package."
Signature* Date
Name (print) Telephone No.
Fax No.
Title Email Address
License No. or Certification No.
Company Street Address
City State I Zip Code
*Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor.
PART 3. IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller per ordinance Section 492.10.
PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11.
PART 5, LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report per ordinance Section 492.12.
PART 6. SOIL MANAGEMENT REPORT
Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per ordinance Section 492.6.
Attach documentation verifying implementation of recommendations from soil analysis report per ordinance Section 492.6.
Title 23
HISTORY
I. New Appendix C filed 9- 10-2009; operative 9- 10-2009 pursuant to Govern- ment Code section 11343.4 (Register 2009, No. 37).
2. Repealer and new Appendix C filed 9-15- 2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).
Title 23 Department of Water Resources § 497.2
Appendix D - Prescriptive Compliance Option.
(a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance. (b) Compl.iance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
(l) Subm.it a Landscape Documentation Package which includes the following elements:
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet), including a breakdown of turf and plant material
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner- installed)
(F) water supply type ( e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) contact information for the project applicant and property owner (H) applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO". (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra- indicated by a soil test); (3) Plant material shall comply with all of the following; (A) Forresidential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding ed.ibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor
0.3) for I 00% of the plant area excluding edibles and areas using recycled water;
(B) A m.inimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seed.ing applications where mulch is contraind.icated. ( 4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas; (B) Turf shall not be planted on sloped areas which exceed a slope of I foot vertical elevation change for every 4 feet of horizontal length; (C) Turf is prohibited in parkways less than IO feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles.
Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.
(5) Irrigation systems shall comply with the following:
(A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. (B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
(E) All irrigation em.ission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802- 2014. "Landscape Irrigation Sprinkler and Emitter Standard," All sprinkler heads installed in the landscape must document a distribution uniform.ity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802- 2014. (F) Areas less than ten ( I 0) feet in width in any d.irection shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
(6) For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed.
(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of instalJation, irrigation schedule and a schedule of landscape and irrigation maintenance.
HISTORY
I. New Appendix D filed 9-15- 2015; operative 9- 15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29- 15 (4-1- 2015) (Register 2015, No. 38).
Chapter 2. 7 .1. Flood Protection Corridor
Program of the Costa-Machado Water Act of
2000
§ 497 .1 . Scope.
(a) These regulations implement Sections 79035 through 79044, and 79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code, which Division is the Costa-Machado Water Act of 2000. They establish a process for fund.ing acquisition of property rights and related activities for flood protection corridor projects undertaken by the Department of Water Resources directly or through grants to local public agencies or nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope.
Within the geographic scope of the CALFED Bay- Delta Program, funds in the subaccount for this program shall be used for projects that, to the greatest extent possible, are consistent with the CALFED long- term plan identified in the Programmatic Record of Decision of August 28, 2000.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal.
Stat. Ch. 52, Item No. 3860-101- 6005; 2001 Cal. Stat. Ch. 106, Item No. 3860- 001- 0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No. 3860-101-6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water Code
HISTORY
I. Newchapter2.7. l (sections 497.1-497. 12} and section filed 8-19-2003; operative 8- 19- 2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34). § 497.2. Definitions.
The words used in this chapter have meanings set forth as follows:
(a) "A List" means the preferred priority list of projects described in Section 497.6.
(b) "Applicant'' means an entity that is acting as the principal party making an application for fund.ing under the provisions of the Costa-Machado Water Act of 2000. ( c) "B List" means the reserve priority list of projects described in Section 497.6. ( d) "CEQA" means the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.
(e) "Department" means the California Department of Water Resources. (f) "Director" means the Director of the Department of Water Resources. (g) "FEMA" means the Federal Emergency Management Agency. (b) "Fully funded" with respect to a grant project means funded to the full amount of the requested funds or to the funding limit, wh.ichever is less.
(i) "Grant application form" means the Department's form entitled "Flood Protection Corridor Program Project Evaluation Criteria and Competitive Grant Application Form" dated April 9, 2003 and incorporated herein by this reference. (j) "Local public agency" means any political subd.ivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, or council of governments.
Item No. 4a
Meeting Date: November 8, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Taylor Perry, Senior City Planner
Agenda Title: SECOND READING AND ADOPTION 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.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Agenda Summary:
Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or another enforceable mechanism requiring organic waste to be diverted from landfills. In accordance with SB 1383, all jurisdictions must have a mandatory organic waste disposal reduction ordinance in place.
The City Council at its meeting of October 25, 2023, placed on first reading, introduced, and waived further reading of the Ordinance, adding Chapter 8.10 - Mandatory Organic Waste Disposal Reduction, to Title 8 of the Willits Municipal Code. The draft before the Council in this report contains non-substantive, clerical corrections.
A second and final reading is required for adoption. Since the first reading, the ordinance has been posted on the City’s website. No public comments have been received by City staff since the first reading.
Recommended Action: Waive the second reading, and adopt the Ordinance, titled “An Ordinance of the City Council of Willits, California Adding Chapter 8.10 of Title 8 (Health and Safety), Mandatory Organic Waste Disposal Reduction.
Alternative(s): None.
Public Notification: An Ordinance Summary notice was published in Willits Weekly on Thursday, November 2, 2023. A certified copy of this Ordinance will also be posted at City Hall in accordance with Government Code section 36933.
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: None.
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 _________ Ordinance No. 2023 - 01 Page 1 of 20
CITY OF WILLITS
WILLITS MUNICIPAL CODE, CHAPTER 8.10
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
TABLE OF CONTENTS
8.10.010 - Purpose, Findings, and Conflicting Provisions..................... 2
8.10.020 –Title of Ordinance..................................................................... 3
8.10.030 – Definitions. .............................................................................. 3
8.10.040 – Requirements for the Recordkeeping and Reporting Authority. ..............................................................................10
8.10.050 – Requirements for Education and Outreach.........................10
8.10.060 – Requirements for Commercial Businesses.........................11
8.10.070 – Requirements for Commercial Edible Food Generators. ...11
8.10.080 – Requirements for Recovery Organizations and Services. . 13
8.10.090 - Compliance with CALGreen Recycling Requirements........14
8.10.100 – Self-Hauler Requirements. ...................................................14
8.10.110 - Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors...............................15
8.10.120 - Solid Waste Facility Requirements.......................................15
8.10.130 – Inspections and Investigations by Jurisdiction..................16
8.10.140 – Enforcement. .........................................................................16
8.10.150 – Effective Date. .......................................................................20 Exhibit “A”
Ordinance No. 2023 - 01 Page 2 of 20
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
8.10.010 - Purpose, Findings, and Conflicting Provisions.
The City Council of the City of Willits finds and declares:
A. 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 and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions 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.
B. 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 businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial recycling program.
C. 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 Multi-Family Premises 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 agencies to implement a recycling program to divert Organic Materials from Commercial Businesses and Multi-Family Premises subject to the law, and requires agencies to implement a mandatory Commercial Organic Materials recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
Ordinance No. 2023 - 01 Page 3 of 20
E. 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.
F. Requirements in this Chapter are consistent with other adopted goals and policies of the City of Willits.
G. 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. Collection of recyclables and organics may occur in exempt rural areas and that collection is not subject to SB 1383 regulations or this ordinance unless otherwise required.
H. City of Willits is subject to providing education and outreach information to organic waste generators, enforcing certain provisions of the CALGreen Building Standards and Model Water Efficient Landscape Ordinance, implementing an edible food recovery program and edible food recovery capacity planning, procurement of paper products, facility sampling for contamination of materials, inspections and enforcement, and recordkeeping and reporting to CalRecycle in compliance with the SB 1383 Regulations.
I. Notwithstanding any provision to the contrary in any other code or regulation of the City, including but not limited to Chapter 8.10 of Title 8 of this Code, the provisions of this Chapter shall control, and to the extent any provision is in conflict with this Chapter, the provision in this Chapter shall supersede any conflicting language and shall prevail.
8.10.020 –Title of Ordinance.
This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”.
8.10.030 – Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Ordinance No. 2023 - 01 Page 4 of 20
A. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
C. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this ordinance.
D. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 8.10.030(WW) and
8.10.030(XX) of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
E. “Compliance Review” means a review of records by a Jurisdiction to determine compliance with this ordinance.
F. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
G. “Customer” means the Person whom Contractor submits it’s billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises.
H. “C&D” means construction and demolition debris.
I. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
J. “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste placed by a Generator in a collection container and/or at a location for the purposes of collection excluding Excluded Waste.
K. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as Ordinance No. 2023 - 01 Page 5 of 20
otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
L. “Enforcement Action" means an action of the Jurisdiction to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
M. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
N. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
O. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
P. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
Q. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
R. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of Ordinance No. 2023 - 01 Page 6 of 20
others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
S. “Generator” means a person or entity that is responsible for the initial creation of one or more types of Discarded Materials.
T. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
U. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
V. “Implementation Record” means the records and documentation required to be kept under Section 18995.2 of the SB 1383 Regulations.
W. “Inspection” means a site visit where a Jurisdiction reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
X. “Jurisdiction” means the City of Willits.
Y. “Jurisdiction Enforcement Official” means the City Manager or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance.
Z. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, disc golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
AA. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, conference or civic center, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that Ordinance No. 2023 - 01 Page 7 of 20
is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
BB. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
BB. “Multi-family” or “multi-family residential dwelling” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial businesses.
CC. “Non-local entity” means the following entities that are not subject to the jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the boundaries of the jurisdiction.
2. Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
3. Prison(s) located within the boundaries of the Jurisdiction.
4. Facilities operated by the State Park System located within the boundaries of the jurisdiction.
5. Public universities (including community colleges) located within the boundaries of the Jurisdiction.
6. County fairgrounds located within the boundaries of the Jurisdiction.
7. State agencies located within the boundaries of the Jurisdiction.
DD. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
EE. “Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
FF. “Owner” means the Person(s) holding legal title to real property and/or any improvements thereon and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor.
GG. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
Ordinance No. 2023 - 01 Page 8 of 20
HH. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
II. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
JJ. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
KK. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).”
LL. “Residential” shall mean of, from, or pertaining to a Single-Family Premises or Multi-Family Premises including Single-Family homes, apartments, condominiums, Townhouse complexes, mobile home parks, and cooperative apartments.
MM. “Responsible Party” means the Owner, property manager, tenant, lessee, Occupant, or other designee that subscribes to and pays for Recyclable Materials, Organic Materials, and/or Solid Waste collection services for a Premises in the City, or, if there is no such subscriber, the Owner or property manager of a SingleFamily Premises, Multi-Family Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who is the Responsible Party for a Premises, Responsible Party shall mean the Owner of a Single-Family Premises, MultiFamily Premises, or Commercial Premises.
NN. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
OO. “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
PP. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
Ordinance No. 2023 - 01 Page 9 of 20
QQ. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
RR. “Self-Haul” means to act as a Self-Hauler.
SS. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
TT. “Single-Family” or “SFD” refers to any detached or attached house or residence of four (4) units or less designed or used for occupancy by one (1) family, provided that Collection service feasibly can be provided to such Premises as an independent unit, and the Owner or Occupant of such independent unit is billed directly for the Collection service. Single-Family includes Townhouses, and each independent unit of duplex, tri-plex, or four-plex Residential structures, regardless of whether each unit is separately billed for their specific Service Level.
UU. “State” means the State of California.
VV. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
WW. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
XX. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
Ordinance No. 2023 - 01 Page 10 of 20
2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
YY. “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds where each pound contains sixteen (16) ounces.
ZZ. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
8.10.040 – Requirements for the Recordkeeping and Reporting Authority.
A. In conformance with Section 18995.2 of the SB 1383 Regulations, the city will store and maintain the Implementation Record in a manner as required in the regulations and shall provide that information to the reporting authority upon request.
B. Upon request by a CalRecycle representative, the city will provide access to the Implementation Record within 10 business days in conformance with the California Public Records Act (Government Code §6250 et seq.). The city or responsible department shall each notify the other and the reporting authority if a request for all or part of the Implementation Record is received and shall coordinate a response to such request.
8.10.050 – Requirements for Education and Outreach.
A. A list of food recovery organizations as identified in the SB 1383 Regulations at Section 18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction shall be maintained on the jurisdiction’s website. The list shall be updated annually and include, at a minimum, the following information about each food recovery organization and each food recovery service:
1. Name and physical address.
2. Contact information.
3. Collection service area.
Ordinance No. 2023 - 01 Page 11 of 20
4. An indication of types of food the food recovery service or organization can accept for food recovery.
B. At least annually the city shall:
1. Provide Tier One and Tier Two commercial Edible Food Generators with the following information:
a) Information about the jurisdiction’s edible food recovery program established pursuant to Section 18991.1 of the Regulations. b) Information about the commercial edible food generator requirements specified in Article 10 of the Regulations. c) Information about food recovery organizations and food recovery services operating within the jurisdiction, and where a list of those food recovery organizations and food recovery services can be found.
d) Information about actions that Commercial Edible Food Generators can take to prevent the creation of food waste.
2. The jurisdiction may provide this information by including it with regularly scheduled notices to those commercial businesses, including the notices provided pursuant to Section 18985.1 of the Regulations.
8.10.060 – Requirements for Commercial Businesses.
A. A business that generates more than four (4) cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state laws and the mandatory commercial recycling requirements of the City.
B. The commercial solid waste recycling program shall include education, outreach to, and monitoring and enforcement of businesses and multifamily residential dwelling of five units or more.
8.10.070 – Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, in accordance with Section 18991.3 of the SB 1383 Regulations.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
Ordinance No. 2023 - 01 Page 12 of 20
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. Food that is donated shall be free from adulteration, spoilage, and meet the food safety standards of the California Health and Safety Code. Food cannot be donated if it is not in compliance with the food safety standards of the California Health and Safety Code, including food that is returned by a customer, has been served or sold and in the possession of a consumer, or is the subject of a recall.
2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city or the city’s designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4 of the Regulations.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:(A) of the Regulations:
a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b) of the Regulations. b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b) of the regulations.
c) A record of the following information for each of those food recovery services or food recovery organizations:
1) The name, address and contact information of the food recovery service or food recovery organization.
2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization. 3) The established frequency that food will be collected or selfhauled. 4) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
6. No later than March 1st of each year commencing no later than March 1, 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 for tier two Commercial Edible Food Generators, provide an annual food recovery report to the reporting authority that includes all information listed above in subsection (c)(5).
Ordinance No. 2023 - 01 Page 13 of 20
D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.10.080 – Requirements for Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Maintain records required by this section for five (5) years.
D. Food recovery organizations and food recovery services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) of the regulations shall report to the Jurisdiction the total pounds of edible food recovered in the previous calendar year from the Tier One and tier two Commercial Edible Food Generators they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b) of the regulations no later than March 1.
Ordinance No. 2023 - 01 Page 14 of 20
E. Food Recovery Capacity Planning
1) In order to support edible food recovery capacity planning assessments or other studies conducted by the city or its designated entity, food recovery services and food recovery organizations operating in the jurisdiction shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the jurisdiction and its Commercial Edible Food Generators.
A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the jurisdiction. 2) The county shall conduct edible food recovery capacity planning, in coordination with the cities. If the county identifies that new or expanded capacity to recover edible food is needed, then the city will work with the county to expand edible food recovery.
8.10.090 - Compliance with CALGreen Recycling Requirements.
A. The City is responsible for CALGreen Building Code compliance, and shall annually report to the reporting authority the number of projects subject to the following:
1) The adequate space requirements for recycling containers for new construction of Multi-family dwelling units of five or more units on a building site and new commercial construction and additions.
2) Requirements and applicable laws related to management of C&D from disposal, including tracking of C&D debris.
B. Persons applying for a permit from the jurisdiction for new construction and building additions and alterations shall comply with all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen.
Project applicants shall refer to the Jurisdiction’s Building Department for complete CALGreen requirements.
8.10.100 – Self-Hauler Requirements.
A. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Ordinance No. 2023 - 01 Page 15 of 20
Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
1) Delivery receipts and weight tickets from the entity accepting the waste. 2) The amount of material in cubic yards or tons transported by the generator to each entity.
3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
D. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information.
8.10.110 - Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors.
The jurisdiction is responsible for paper procurement in compliance with their procurement policy, including the tracking and reporting of procurement by each department and annually reporting to the Reporting Authority in compliance with the SB 1383 regulations.
8.10.120 - Solid Waste Facility Requirements.
The applicable sampling and monitoring requirements found in Article 6.0, Transfer/Processing Operations and Facilities Regulatory Requirements of Title 14, Division 7, Chapter 3 in the California Code of Regulations shall apply and pursuant to WMC Chapter 8.10 (Solid Waste and Recycling).
Ordinance No. 2023 - 01 Page 16 of 20
8.10.130 – Inspections and Investigations by Jurisdiction.
A. City employees and any entity acting on behalf of the City, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by solid waste generators, commercial businesses (including multi-family residential dwellings), property owners, Commercial Edible Food Generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow jurisdiction to enter the interior of a private residential property for inspection.
B. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the jurisdiction’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.
C. Any records obtained by the city and/or its designated entities during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. The city and/or its designated entities shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.10.140 – Enforcement.
A. Violation of any provision of this ordinance shall constitute grounds for issuance of a notice of violation and assessment of a fine by a jurisdiction enforcement official or representative. enforcement actions under this ordinance are issuance of an administrative citation and assessment of a fine. The jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose Ordinance No. 2023 - 01 Page 17 of 20
to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
C. Enforcement pursuant to this chapter may be undertaken by the city enforcement official, or their designated entity, legal counsel, or combination thereof.
D. The process for enforcement is as follows:
1) Enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, investigation of complaints, and an inspection program.
2) The city may issue an official notification to notify regulated entities of its obligations under the ordinance.
3) The city shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
4) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the jurisdiction or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
E. Penalty Amounts for Types of Violations
The penalty amounts for violations are as follows:
1) A fine not to exceed one hundred dollars for a first violation; 2) A fine not to exceed two hundred dollars for a second violation of the same code provision within the same calendar year of the first and second violation;
3) A fine not to exceed five hundred dollars for each additional violation of the same code provision within the same calendar year of the first and second violation.
F. Factors Considered in Imposing Penalties
The following factors shall be used when imposing penalties for violations:
1) The nature, circumstances, and severity of the violation(s). 2) The violator’s ability to pay.
3) The willfulness of the violator's misconduct.
4) Whether the violator took measures to avoid or mitigate violations of this chapter.
5) Evidence of any economic benefit resulting from the violation(s). 6) The deterrent effect of the penalty on the violator.
Ordinance No. 2023 - 01 Page 18 of 20
7) Whether the violation(s) were due to conditions outside the control of the violator.
G. Compliance Deadline Extension Considerations
City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2) Delays in obtaining discretionary permits or other government agency approvals; or,
3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
H. Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in WMC §1.12.130, Title 1 (General Provisions) for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
I. Education Period for Non-Compliance
From the effective date of this ordinance, the city or other designated entity by agreement, will conduct inspections, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that Tier One Commercial Edible Food Generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that violations may be subject to administrative civil penalties beginning January 1, 2024.
J. Enforcement Table
The following is a list of potential violations for entities subject to this ordinance:
Ordinance No. 2023 - 01 Page 19 of 20
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 - 01 Page 20 of 20
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.
8.10.150 – Effective Date.
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 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION TO TITLE 8 (HEALTH AND SAFETY) OF THE CITY OF WILLITS MUNICIPAL CODE.
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
2 WHEREAS, requirements in this Ordinance are consistent with other adopted goals and policies of the City of Willits; and
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. 3 PASSED AND ADOPTED by the City Council of the City of Willits, on this 8th day of November 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
APPROVED AS TO FORM:
H. James Lance
City Attorney
_____________________________
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX
WILLITS CITY COUNCIL
MINUTES
WEDNESDAY, OCTOBER 26, 2023
Mayor Kanne called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.
Roll Call: Councilmembers Madge Strong, Larry Stranske, Saprina Rodriguez, Vice Mayor Gerardo Gonzalez and Mayor Greta Kanne were present.
Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Manuel Orozco, Finance Director; 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
Community members spoke in support of and against having vendors on Main Street. It was requested that the council revisit the City Code related to Food Vendors. Jerry Ward, CEO if Solid Waste of Willits (SWOW) reported that SWOW has been sold to Redwood Waste Solutions; and the SWOW will be picking up green waste bins every week during the month of November.
Mayor Kanne thanked Jerry Ward for his years of service to the Willits Community.
3. Public Matters
a. Little Lake Fire Protection District – Update is available in the agenda packet. b. Quarterly Update by the Willits Chamber of Commerce.
Susan Mahoney, Chamber Director, reported the following:
The City of Ukiah is the State Designated California Welcome Center of Northern California. Ms. Mahoney believes this will be a great thing for tourism in Mendocino County. The Center is located right next to the Ukiah Chamber of Commerce, there will be staff available at all times to assist visitors and citizens. Amtrak has changed their policy and will now be able to stop in each city along their route from Humboldt to Martinez every day to pick up passengers that have purchased tickets. Citizens will no longer be limited to MTA for transportation needs. Greyhound will still be available a few days a week.
During the last quarter the Chamber has had ribbon cuttings at the openings of the Munchery Restaurant and the Mane House Hair Salon.
There are mixers coming up on November 3rd at Flourish & Flow Mendo Fitness Studio, located at 1726 S Main Street, this will be a Ribbon Cutting. The Willits Chamber of Commerce, Mendocino County Library and Mendocino County Museum will be hosting an event at the Little Lake Cemetery called “Stone Stories” on Sunday, November 5th at 3:00 p.m., space is limited so it is requested that you call the Chamber to reserve a spot.
The Chamber participated in the first Willits Art Walk in July. August was a ramp-up month for the for the Harvest Moon Celebration that took place in late September. The Chamber partnered with the City of Willits and the Little Lake Fire District and road closure details were handled by the City Planning Department.
Willits City Council Minutes of October 25, 2023 Page 2 of 5 The process for closing Main Street for events is now mostly in place to make it much easier for other groups to close Main Street for future events. The Harvest Moon Celebration was a successful event and well attended. Ms. Mahoney thanked all involved in making it such a successful event. The Chamber is in the process of putting together their calendar for the next year; currently planning their Shop Small Day to encourage shoppers to shop at Local Small Businesses, possibly looking to change it to Friday from Saturday. Mayor Kanne asked that they consider keeping it as a Saturday event.
The Chamber is looking for ways to increase their membership. 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.
Taylor Perry, City Planner, presented a PowerPoint Presentation as well as an addition to the Ordinance, Title 8.10.100 Self-Hauler Requirements.
Jerry Ward informed the Council that SWOW has been following the requirements of SB1383 since 2015. He suggested that the city adopt the same Franchise Agreement that the County has. Mr. Ward also informed the Council that the monitoring of the proper waste disposal falls on the waste disposal company that provides the service.
Mayor Kanne requested that SWOW go back to weekly green waste pick up.
Public Comment: Susan Mahoney asked what accommodations would be made for Brooktrails? Jerry Ward responded that there are no green waste requirements for Brooktrails at this time.
Moved by Strong/Seconded by Gonzalez and carried unanimously to 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).
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. October 11, 2023.
Public Comment: None presented.
Moved by Gonzalez/Seconded by Stranske and carried unanimously to approve Consent Calendar item(s) (a).
6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Business License Activity Report – September 2023.
b. Building Permit Activity Report – September 2023.
7. Commissions, Agencies and Authorities
None presented.
Willits City Council Minutes of October 25, 2023 Page 3 of 5
8. City Manager Reports and Recommendations+
a. Verbal Reports – No Action.
i. E. Commercial Street Corridor Master Plan Open House.
City Manager Bender reported that the city received a good quality of feedback and suggestions at the E. Commercial Street Corridor Master Plan Open House. The City is looking into having a second public engagement session that would include youth and their parents in the community.
ii. W. Mendocino Avenue Project, Phase One Update.
City Manager Bender reported that the project has been moving along well with no major problems. Argonaut and Tall Tree have been great to work with. The project is projected to be complete 2 weeks ahead of schedule.
iii. Rodeo Grounds Concession Stand and Restrooms Restoration Project.
The DMR Builders are moving ahead with the project with hopes of getting it completed within the time frame, maybe a little earlier.
City Manager Bender thanked staff for installing the pinwheel at the Hwy 20 park. There are hopes to install more art projects in the future. Mayor Kanne thanked Jane Camp for making the donation of the pinwheel to the community.
Public Comment: None presented.
9. Department Recommendations (Action Items)
a. Personnel, Policies and Procedures Update.
Presenting staff member: Karen Stevenson, Human Resources Manager.
The update has been postponed, currently waiting for additional input from IBEW.
10. Department Monthly Reports
a. Airport – No further comments.
b. Community Development Department
Dusty Duley, Community Development Director, added an update on the Rail with Trail project. Staff have had a positive conversation with Fish and Wildlife and are moving forward with the permit application. There is a budget shortage. The city has completed a grant request and submitted it to the State Coastal Conservancy, we are expecting affirmation, of awarding the city $3.3 million dollars to support the trail, in November.
General Plan land development and the Sphere of Influence Amendment draft may be available by mid-November.
Have entered into a contract with BPR Consulting Group to provide additional capacity for building plan review services, to support special inspections and high level of building permits.
The City is looking to recruit an additional City Planner. Councilmember Rodriguez asked if there are any vacant building updates.
Community Development Director Duley responded that Vacant Building Ordinance appears to be getting some building owners to put additional time and energy into making use of their spaces. The city does continue to have some longstanding chronic vacancies. One property owner continues to be difficult to work with, staff are taking the necessary time to remediate the situation. There are some building owners that are beginning to face significant fines. c. Finance
Willits City Council Minutes of October 25, 2023 Page 4 of 5 The Fiscal Year 20/21 Audit is complete. Finance Director Orozco will present an update at the November 8th meeting.
d. Police Department – No Further comments.
e. Services and Facilities
The crew is busy clearing trees and leaves and preparing for winter. The tree in front of Kelly’s Diner may need to come down. If the tree is removed it will be replaced by another tree.
Winterizing the Landfill on Canyon Road, getting repairs done. Walter Kolon, Services and Facilities Director will look into replacing the tree in the Wood Street Parking Lot.
Just ordered 5,000 more sandbags for the sandbag station. f. Utilities
A section of the water line had to be replaced on W. Mendocino due to ground shifts.
Waterline repair by Auto Mart had to be delayed because the pipe is larger than was originally expected.
A treatment pump went down at the Wastewater Treatment Plant on Friday, October 20th. A replacement pump has been order will arrive in seven to nine weeks from Sweden.
No action taken.
11. City Council Announcements, Communications and Reports Councilmember Strong
Mendocino Solid Waste Management Authority (MSWMA) - HazMobile is scheduled to be in Willits on November 4th.
Councilmember Rodriguez
Mendocino Transit Authority (MTA) - Council Member Rodrigues reported that MTA Board has agreed to use the funds, received by Mendocino Council of Governments (MCOG) through SB 125 to accomplish three goals, purchase 2 parcels of property on the north side of Kohls for the potential Mobility Center, providing a Pilot Program for Laytonville and Covelo with a zero emissions vehicle that would travel once a week as a dial-a-ride type service and purchase zero emission vehicles by the deadline that the state has set. The MTA Board received the Ukiah Transit Center feasibility study presentation and viewed renderings of what the Mobility Center could look like.
Finance Committee – Received a report from Finance Director Orozco on the Audit. Requests that the Council revisit the Food Vending Ordinance as an Ad Hoc Committee.
Councilmember Stranske
The Willits Frontier Days Ad Hoc Advisory Committee meeting worked out very well.
There is no cost to the Frontier Days Organization. The City is seeking Insurance and FEMA funds for the repairs.
Councilmember Gonzalez
Water/Wastewater Committee – Received updates on the MOU’s with Pine Mountain and Sherwood Valley Band of Pomo Indians. The equipment building at the Wastewater Plant will be going out to bid soon.
Local Agency Formation Commission (LAFCo) – Attended the LAFCo Conference in Monterey the week of October 16th.
Mayor Kanne
Willits City Council Minutes of October 25, 2023 Page 5 of 5 Finance Committee – Fiscal Year 20/21 Audit complete with a small surplus. Mayor Kanne and Council Member Rodrigues both expressed a strong desire that the remaining Audits be completed as soon as possible. The hope is to have the audits done before budgeting season starts.
Public Comment: None presented.
No action taken.
12. Good & Welfare
Mayor Kanne reminds residents that October is Breast Cancer Awareness Month.
Howard Hospital offers Mammograms.
Councilmember Strong reported that the Harvest Dinner that was at the Little Lake Grange was sold out and the meal was amazing. All locally sourced and catered. A lot of money was raised for the School of Adaptive Agriculture. Councilmember Rodriguez thanked Officer Gale and Officer Cary for coming to Imagination Station and reading books to the kids and answered questions.
13. Closed Session Notice
a. None presented.
14. Adjournment
Mayor Kanne declared the meeting adjourned at 8:33 p.m. _____________________________
GRETA KANNE, Mayor
City Council for the City of Willits
ATTEST:
__________________________
DELORES PEDERSEN
City Clerk
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Item No. 9a
Meeting Date: November 8, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Taylor Perry, Senior City Planner
Agenda Title: RESOLUTION AUTHORIZING GRANT APPLICATION(S) FOR THE SENATE BILL (SB) 1383 LOCAL ASSISTANCE GRANT PROGRAM.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request:
The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021. This non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383, including but not limited to:
• Capacity Planning
• Collection
• Edible Food Recovery
• Education and outreach (includes organic waste & edible food recovery) • Enforcement and Inspection
• Program Evaluation/Gap Analysis
• Procurement Requirements
• Record Keeping
Our staff's primary objective for this grant funding is to bolster the City's compliance with SB 1383, with a particular emphasis on areas beyond curbside organics recycling. We are especially focused on food recovery compliance within grocery stores, schools, and restaurants. The central component of our plan is to develop comprehensive education and outreach materials, enabling us to effectively educate and inform our community on the best practices for SB 1383 compliance.
Additionally, it is worth noting that the language within the Resolution aligns with the Model Resolution template provided by CalRecycle, and it stipulates that the authorizations granted within the Resolution remain in effect for at least five years from the date of adoption.
Recommended Action: It is recommended that the City Council adopt a Resolution authorizing staff to file an application with the California Department of Resources Recycling and Recovery and allow staff to increase appropriations to receive and expend the $75,000 in grant funding from the Senate Bill (SB) 1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016.
Alternative(s): None.
Fiscal Impact: The Finance Department will code the grant award as revenue within the Community Development budget.
Personnel Impact: Minimal staff time to implement programs pursuant to SB 1383 regulations, perform public outreach, educate the community, and maintain accurate records and reports. 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.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2023- November 8, 2023
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING
SUBMITTAL OF APPLICATION FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF WILLITS IS ELIGIBLE.
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California's (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
WHEREAS, the Finance Department upon the receipt of the CalRecycle Grant will increase appropriations to allow for the expenditure of the $75,000 consistent with its intent; and WHEREAS, that the City of Willits authorizes the submittal of application(s) to CalRecycle for SB 1383 Local Assistance Grant Program; and
WHEREAS, that the City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the City of Willits all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby authorize and approve that these authorizations are effective for five (5) years from the date of adoption of this resolution.
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 8th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES
Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Willits, California, Code of Ordinances Created: 2022-06-22 08:49:50 [EST] (Supp. No. 17)
Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR**1
Sections:
12.16.010 Permit—Required—Deposit fee specified.
It is unlawful for any person, firm or corporation to construct, or cause to be constructed in the city any sidewalk, driveway approach, curb, or curb and gutter without first obtaining from the office of the city engineer or superintendent of public works of said city a permit in writing to do so. Permits shall be upon blank forms, and shall specify the name and residence of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb, or curb and gutter is to be constructed, the dimensions of said walk, driveway approach, curb or curb and gutter, and shall refer to the provisions contained in Sections 12.16.010 through
12.16.060 and 12.16.120 for the materials to be used and mode of construction.
Upon application for a permit to construct a sidewalk, driveway approach, curb, or curb and gutter, the person or persons making the application must deposit with the city clerk one hundred dollars to guarantee faithful performance. This deposit to be returned upon completion of the job. (Ord. 58-1 §1).
12.16.020 Permit—Refusal—Sufficient cause.
The failure of any person, firm or corporation to abide by the provisions of Sections 12.16.010 through
12.16.060 shall be deemed sufficient cause to refuse the request of said person, firm or corporation for any permit for other work of the character governed by the provisions contained in Sections 12.16.010 through 12.16.060 and
12.16.120 during the continuance of such failure.
(Ord. 58-1 §6).
12.16.030 Permit—Refusal—For work inconsistent with public interest.
Nothing contained in Sections 12.16.010 through 12.16.060 and 12.16.120 shall compel the city engineer or superintendent of public works to issue permits provided for in this chapter, if in their judgment the proposed work is against the public interest or convenience.
(Ord. 58-1 §2).
12.16.040 Materials.
No sidewalk, driveway approach, curb, or curb and gutter shall be constructed other than of concrete, unless special permission therefor is first obtained from the city council by the owner of the property in front of which the walk, driveway approach, curb, or curb and gutter is to be laid. 1** For violations of the provisions of this chapter, see Ch. 1.12 of this code.
ATTACHMENT "A"
Created: 2022-06-22 08:49:50 [EST]
(Supp. No. 17)
Where the street is unimproved or where existing curbs are in poor condition, or not on official line and grade, owners of property must first obtain necessary line and grade stakes from the city engineer or superintendent of public works before constructing sidewalks, driveway approaches, curbs or curbs and gutters under the provisions contained in Sections 12.16.010 through 12.16.060. (Ord. 58-1 §3).
12.16.050 Work standards.
A. All sidewalks, driveway approaches, curbs, or curbs and gutters must be constructed in every particular in accordance with the permit issued therefor, must be completed within thirty days from date of permit, unless an extension of time thereon be granted by the city engineer or superintendent of public works, and must be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs, or curbs and gutters on file in the office of the city engineer or superintendent of public works, reference to which is made for further particulars.
B. All sidewalks, driveway approaches, curb, or curb and gutter work shall be done under the general direction and to the satisfaction of the city engineer or superintendent of public works. (Ord. 58-1 §4).
12.16.060 Curb replacement—Required when.
Where a curb has been broken to provide a driveway for a residence or a business, and such driveway is no longer needed or used as a driveway, the owner of the property or the owner or operator of the business shall replace the curb and repair any damage done to the sidewalk by the use of such driveway. Such work shall be done in conformity with the requirements for the construction of curbs and sidewalks, as provided in Sections 12.16.010 through 12.16.060.
(Ord. 58-1 §5).
12.16.070 Construction requirement—Designated.
It is unlawful to construct, make structural additions, alterations or repairs to any structure, without placing concrete curbs, gutters and sidewalks along the front, sides or back of the property so improved which adjoins a city street or fronts on an alley.
(Ord. 89-15 §2; Ord. 68-1 §1).
12.16.080 Construction requirement—Compliance to Uniform Building Code.
The required curbs, gutters and sidewalks shall be constructed as provided in the Uniform Building Code and in accordance with the provisions of Sections 12.16.010 through 12.16.060 and 12.16.120. (Ord. 68-1 §2).
12.16.090 Construction requirement—Waiver.
Upon written application of the property owner, the city council or the planning commission may, if sufficient good cause is shown, waive the requirement for construction of sidewalks or curbs and gutters.
Created: 2022-06-22 08:49:50 [EST]
(Supp. No. 17)
All fees associated with the request for waiver, whether approved or not, shall be borne by the applicant.
The planning department shall propose a filing fee to be adopted by resolution of the Willits city council for this purpose, and shall ensure that such fee is remitted by applicant prior to review of his waiver request. (Ord. 89-15 §3; Ord. 68-1 §3).
12.16.100 Determination of major structural alterations, additions or repairs.
As used in Section 12.16.070, the phrase "structural additions, alterations and repairs" shall mean any construction which shall:
A. Exceed twenty-five percent of the value of the structure being constructed, altered or repaired; or B. Cost ten thousand dollars or more; or
C. Result in the addition to, or modification or repair to three hundred square feet of building area; or D. Whichever of the above definition is less.
(Ord. 89-15 §4).
San Jose Municipal Code – Sidewalks:
14.16.2200 - Maintenance and Repair of Sidewalk:
Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this Part 17, the provisions of Part 17 shall control.
B. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of San José's costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
C. For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs allowed pursuant to Section
23.04.340 and Section 23.04.830, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the director of streets and parks may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety days from the time the notice referred to in said Section 5614 is given.
(Prior code § 2600.180; 14.16.1610; Ords. 20914, 21367, 23389, 23734, 24757.) ATTACHMENT "B"
San Jose Municipal Code, Continued – Sidewalks:
14.16.2205 - Liability for injuries to public:
The property owner required by Section 14.16.2200 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by Section 14.16.2200, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
Grass Valley Municipal Code – Sidewalks:
12.08.050 - Liability for injuries to public:
Any owner required by Section 12.08.040 to repair and maintain any portion of a sidewalk zone shall owe a duty to members of the general public, including travelers on the sidewalk zone, to keep and maintain the sidewalk zone in a safe and nondangerous condition. If any person suffers personal injury or damage to property, due to the failure of any owner to maintain any sidewalk zone in a nondangerous condition as required by Section 12.08.040, the owner shall be liable to such person for the resulting injury and/or damages.
9/5/23, 11:14 AM Chapter 12.04 CONSTRUCTION OF RIGHT-OF-WAY IMPROVEMENTS https://www.codepublishing.com/CA/Lakeport/#!/Lakeport12/Lakeport1204.html#12.04.040 1/5 Chapter 12.04
CONSTRUCTION OF RIGHT-OF-WAY IMPROVEMENTS
Sections:
12.04.010 Definitions.
12.04.020 Purpose.
12.04.030 Scope.
12.04.040 General provisions.
12.04.050 Implementing provisions.
12.04.055 Maximum required ROW improvements.
12.04.060 Procedure for deferrals of right-of-way improvements.
12.04.070 Appeals.
12.04.010 Definitions.
For the purpose of this chapter, the following words shall be defined as follows:
"Block" means any segment of a public street four hundred feet or less in length, or a portion of a street bounded by two intersecting streets at either cross streets or "T" intersections which may be four hundred feet or less apart.
"Implementing value" means the threshold of property improvements at which ROW improvements are required to be installed. This value is initially set at forty-five thousand dollars and will be indexed to the Building Cost Index, 20-City Average, as published by the McGraw-Hill Engineering News Record. "Person" means any person, individual, firm, partnership, association, corporation, company, or organization of any kind.
"Property improvements" means any new construction, phased construction, nonexempt repair, reconstruction, or improvement to a parcel which is subject to the requirements of a building permit. "Property line" means the line of any parcel, as defined in this section, as established by any official map or plat or by any public agency or by a legally recorded deed or subdivision map. "Right-of-way improvements" shall include curbs, gutters, sidewalks, street paveouts, drive approaches, handicapped ramps, water lines and appurtenances, sewer lines and appurtenances, storm drainage facilities, property dedications of right-of-way, street lights, pavement markings, signs, and street trees. "Street" means any public street, highway, or public way or any street, highway, or way open to public use. (Ord. 867 §1(part), 2007: Ord. 822 §1(part), 2003: Ord. 749 §1, 1993; Ord. 715 (part), 1991)
12.04.020 Purpose.
The purpose of this chapter is to establish requirements for right-of-way improvements for all parcels within the city of Lakeport on which property improvements are made. (Ord. 867 §1(part), 2007: Ord. 822 §1(part), 2003: Ord. 715 (part), 1991)
12.04.030 Scope.
ATTACHMENT "C"
9/5/23, 11:14 AM Chapter 12.04 CONSTRUCTION OF RIGHT-OF-WAY IMPROVEMENTS https://www.codepublishing.com/CA/Lakeport/#!/Lakeport12/Lakeport1204.html#12.04.040 2/5 Provisions of this chapter apply to all parcels within all zoning districts within the city of Lakeport. (Ord. 867 §1(part), 2007: Ord. 822 §1(part), 2003: Ord. 715 (part), 1991)
12.04.040 General provisions.
A. Improved or Unimproved Parcels. When property improvements of any type are proposed which exceed the implementing value on an improved or unimproved parcel, right-of-way improvements defined in this chapter shall be provided. Existing right-of-way improvements which are damaged, in a state of disrepair or ruin, or in a poor condition due to neglect shall be reconstructed to comply with the current city standards. The value of property improvements or maintenance projects shall be determined by the community development department and shall be based on the construction costs adopted by the building department or based on a duly executed construction contract.
B. Subdivided Parcels. When a parcel is subdivided, right-of-way improvements defined in this chapter shall be provided in accordance with the Lakeport subdivision ordinance.
C. Planning Commission. In conjunction with an application for a land use application/entitlement, the city planning commission may require right-of-way improvements on all or a portion of the subject property's frontage based on a review of project impacts or on the rule of rough proportionality law. These right-of-way improvements shall be embodied as conditions of approval. The improvements required as a condition of approval shall not be considered for a deferral. Decisions of the planning commission are subject to the appeal process outlined in Chapter 17.31.
D. Repairs Exempt from the Requirements of This Chapter. The improvement value for the following types of property improvements shall not be considered part of the property improvement implementing value:
1. Repairs made to comply with existing state or local health department, sanitary or safety code specifications which are necessary solely to assure safe living conditions;
2. Repairs made to restore a structure to its preexisting condition when damage has been caused by an accident or natural disaster such as a fire, earthquake, flood, slide, and/or an exceptionally strong wind;
3. Like-kind property maintenance projects such as re-roofing, replacement or upgrade of existing heating or cooling equipment, sewer or water line repair or replacement, installation of appliances, electrical or plumbing items, existing foundation repair, items bringing structures into compliance with the Americans with Disabilities Act, or similar maintenance or replacement work;
4. Improvements to accommodate the accessibility needs of the occupant/owner;
5. Improvements to elevate homes within a floodplain to the current standard.
The improvement value of all nonexempt property improvements made to a structure during the course of the exempt repairs shall be considered to contribute to the value of improvements. An improvement is defined as anything other than the like-kind replacement of the preexisting condition. In the event of a dispute regarding the designation of an improvement, the decision shall be made by the city building official and can further be appealed to the city manager. (Ord. 867 §1(part), 2007: Ord. 840 §1, 2005; Ord. 822 §1(part), 2003: Ord. 749 §2, 1993; Ord. 715 (part), 1991)
12.04.050 Implementing provisions.
9/5/23, 11:14 AM Chapter 12.04 CONSTRUCTION OF RIGHT-OF-WAY IMPROVEMENTS https://www.codepublishing.com/CA/Lakeport/#!/Lakeport12/Lakeport1204.html#12.04.040 3/5 A. Value of Improvements. The value of phased property improvements shall be cumulative. In any fiveconsecutive-year period, when the prior total value of phased improvements added to the improvement value of the pending building permit exceeds the implementing value, full right-of-way improvements shall be required to be constructed. The obligation to install right-of-way improvements shall run with the parcel.
Within a five-consecutive-year period prior to the application for a building permit, all successive property owners shall be obligated by the improvement value established by previous owners.
B. Inflation Adjustment. The city council finds that the cost of constructing property improvements is subject to inflation and other cost increases and that the implementing value should be adjusted each year to reflect such increases. On January 1st of each year, the implementing value shall be adjusted to reflect the change in the building cost index for the previous twelve-month period for which such data is available.
The initial adjustment shall be based on the difference between the building cost index at the time of adoption of the ordinance codified in this chapter and the value of the index at the end of calendar year.
The building cost index to be used shall be the 20-City Average Building Cost Index as published in the McGraw-Hill Engineering News Record.
C. Location of Property Lines and Establishment of Grades. The location of property lines and the establishment of grades needed for the installation and construction of right-of-way improvements shall be established by a registered civil engineer or professional land surveyor licensed by the state of California, and shall be the responsibility of the property owner or the person developing the subject property.
Property line locations and elevations shall be approved by the city prior to the start of construction of right-of-way improvements.
D. Inspection of Right-of-Way Improvements. The director of public works, or such other official as the city council may designate, shall have the power to appoint qualified persons to inspect construction of the work specified in this chapter.
E. California Streets and Highways Code. Right-of-way improvements shall be installed and constructed pursuant to the provisions set forth in the Streets and Highways Code.
F. Standards. Right-of-way improvements shall be constructed to standards established from time to time by the city of Lakeport by city resolution of the city council.
G. Bond or Other Guarantee of Installation. The building inspector shall deny final inspection and occupancy, and shall refuse to allow final public utility connections to any such building or dwelling, unless said right-of-way improvements exist, are constructed, or unless a financial security agreement or bond to guarantee the construction is deposited with the city. The amount of the financial security shall be as determined by the director of public works. (Ord. 867 §1(part), 2007: Ord. 822 §1(part), 2003: Ord. 715 (part), 1991)
12.04.055 Maximum required ROW improvements.
A. The city council recognizes that the requirement to provide right-of-way improvements for lots with more than one hundred thirty feet of street frontage may pose a hardship to a property owner wishing to construct or maintain a single-family residence.
B. Property owners with parcels having more than one hundred thirty feet of street frontage who are required to provide right-of-way improvements by this chapter shall only be responsible for installing one hundred thirty feet of right-of-way improvements under the following conditions:
1. The property remains under the same ownership.
9/5/23, 11:14 AM Chapter 12.04 CONSTRUCTION OF RIGHT-OF-WAY IMPROVEMENTS https://www.codepublishing.com/CA/Lakeport/#!/Lakeport12/Lakeport1204.html#12.04.040 4/5
2. There is no change in use or intensification in use of the property as demonstrated by an application to the city.
If the property changes ownership, the building valuation totals will start anew. Improvements constructed by the previous owner and receiving a final approval by the building department prior to the change in ownership shall not be included in the cumulative improvement value. The new owner will not receive credit for any prior right-of-way improvements installed and will be responsible for the installation of one hundred thirty feet of right-of-way improvements if the cumulative improvement value exceeds the implementing value. (Ord. 867 §1(part), 2007)
12.04.060 Procedure for deferrals of right-of-way improvements.
Some or all of the right-of-way improvements required pursuant to this chapter may be deferred by action of the city manager in accordance with the following:
A. Deferral or modification of the requirements to construct right-of-way improvements because of unique or unusual conditions may be considered by the city manager. Applicants for deferral or modification of right-of-way improvements pursuant to this section shall submit a formal request, pay applicable fees, and submit a written explanation and a detailed plan which specifies the unique or unusual conditions associated with the proposed construction of right-of-way improvements. The city manager shall consider the request, make a decision, and adopt the appropriate findings.
B. Deferral of right-of-way improvements may also be granted by the city manager if the following conditions are found to exist:
1. The parcel is being developed for use as a single-family residence or in conjunction with a single-family residence in an R-1 zone; and
2. The parcel does not front an arterial or collector street; and
3. More than fifty percent of the adjacent or fifty percent of the opposite street frontages within a block, or within a distance as measured two hundred feet in each direction from the center of the parcel (whichever is the greater distance), on either side of the street, do not have sidewalk, curb and/or gutter installed, or do not have deferral agreements in place to install same. In computing the percentage of curb, gutter, and/or sidewalk, the frontage of the property being considered shall be credited with having said right-of-way improvements installed; and
4. The city engineer determines that deferral will not be contrary to the public welfare by reason of traffic control, pedestrian safety, drainage control, street design, street maintenance, or like matters; or
5. The city manager determines that (a) the requirement for construction of right-of-way improvements would impose an unusual hardship on the applicant, and (b) the city manager determines that a deferral will not be contrary to the public welfare by reasons of traffic control, pedestrian safety, drainage control, street design, street maintenance, or like matters.
C. Property owner(s) wishing to defer the installation of right-of-way improvements shall submit the request for deferral form to the city clerk with the appropriate fee.
D. Property owner(s) who are granted a deferral by the city shall be required to execute an agreement which specifies a maximum ten-year period subject to city extension; this agreement shall run with the land and be recorded at the Lake County recorder’s office. The agreement and a bond, cash deposit, or 9/5/23, 11:14 AM Chapter 12.04 CONSTRUCTION OF RIGHT-OF-WAY IMPROVEMENTS https://www.codepublishing.com/CA/Lakeport/#!/Lakeport12/Lakeport1204.html#12.04.040 5/5 other form of security, as required by the city manager and approved by the city attorney, shall be required and shall be provided by the property owner(s) prior to the issuance of a building permit. (Ord. 867 §1(part), 2007: Ord. 855 §1, 2006: Ord. 822 §1(part), 2003: Ord. 715 (part), 1991)
12.04.070 Appeals.
A. The determination to construct right-of-way improvements by the city manager shall be subject to review by the city council.
B. A person dissatisfied with the determination of the city manager may appeal therefrom by filing a written notice to the city council within ten days after notice of the exercise of the determination.
Thereafter, the council shall set such appeal for hearing before it and hear the appeal at the next regular council meeting.
C. The decision of the city council shall be final and binding upon all parties. (Ord. 867 §1(part), 2007:
Ord. 822 §1(part), 2003: Ord. 715 (part), 1991)
Mobile Version
City Repair Required When: Who Determines Repairs Required REPAIRS COMPLETED BY: Sidewalk Repair Required Code Section:
Oakland Sale OR $100K+ rennovation Sale OR $100K+ rennovation Title 12, Chapter 12.04 San Jose
Permit to lay cement sidewalk - Overseen by Superintendent of Streets: Contractor & Bond (Bond Fees est. by City Council) Superintendent of Streets Determination Property owner Pays for Sidewalks 14.16.2200 - Maintenance and repair of sidewalks Sacramento
Meets "Defective Sidewalk" definition Street Services
Inspector/Director Determination
City Pays for Damage caused by City
Trees 12.32.070 Notice to repair
Davis
Director/City Council Determination / *Buildings require inspection at Point of Sale. Director/City Council Determination City Pays for Sidewalk Improvements 35.02.090 Applicability of article to existing driveway. *Davis pays for other Repairs* Ukiah
Subdivisions, Building Permit for New Residence, Building Permit (value equal or greater than 1/3 of the value of the existing structure).
Superintendent of Streets Determination
Property owner Pays for Sidewalks;
City may expand cost‐sharing in the
future.
§9181 STREET IMPROVEMENTS
WITH DEVELOPMENT OF
PROPERTY
Redwood City
New Building, Substantial Residential or Commercial Remodeling City Staff Determination/Commercial Remodeling
City Pays for (Portion) of Sidewalk
Improvements
https://library.municode.com/ca/redwood
_city/codes/city_code?nodeId=CH18LOIMP
L_ARTXIVLODEST_S18.238STIMURGUSI
Modesto Sidewalk in condition which is dangerous to people using the sidewalk. Property Owner: Must Notify City of Sidewalk Condition 7-1.304 - Notice of Sidewalk Defects Chino
Building Permit Application (Including construction of Parking) Building Permit Application (Including Parking)
https://library.municode.com/ca/chino/co
des/code_of_ordinances?nodeId=TIT12STS
IOTPUPL_CH12.08CUGUSIASCOSTPASTLI_1
2.08.040BUPEAPPR
Citrus Heights
Overgrown tree/shrub encroaching on sidewalk OR cracked, decayed, deteriorated sidewalk = Public Nuisance General Services Dept. / SeeClickFix City Pays for Sidewalk Improvements Div 3. Sec. 50-146 (3) & (13) Stockton
Sidewalk to be maintained in condition that will not endanger persons; interfere with public convenience City Engineer/Superintendent of Streets/Permit App.
City Pays for Damage caused by City
Trees 12.04.040
San Rafael
Sidwalk must be maintained in nonhazardous condition City Engineer/Superintendent of Streets City Pays for (Portion) of Sidewalk Improvements https://library.municode.com/ca/san_rafae l/codes/code_of_ordinances?nodeId=TIT11 PUWO_CH11.60MARESI ATTACHMENT "D"
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Q&kia'JjJJ c'*e$k
AGENDA REPORT Ms pW 5! 29__________________
CITY OF OAKLAND toy 30
TO: Sabrina B. Landreth
City Administrator
FROM: Ryan Russo
Director, OakDOT
SUBJECT: Supporting Property Owners in
Repairing Sidewalks
DATE: May 3, 2019
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That the City Council Adopt:
1) An Ordinance Revising Oakland Municipal Code Title 12, Chapter 12.04 To Add Oakland Municipal Code Title 12, Chapter 12.22 To Establish Property Owner Responsibility And Liability For Sidewalk Safety And Maintenance; And
2 An Ordinance Revising Oakland Municipal Code Title 12, Chapter 12.04 To Add New Regulations Requiring Oakland Property Owners To Inspect And Certify Sidewalks In The Public Right-Of-Way At The Time Of Property Transfer; And 3) Resolution To Authorize The Department Of Transportation To Complete Private Property Sidewalk Repairs Of Low-Income Property Owners At No Cost To Qualifying Property Owners; And
4) Resolution To Authorize A Three-Month Period In Which Sidewalk Repair Permit Fees Would Be Waived To Encourage Private Property Sidewalk Damage Repairs Beginning July 1, 2019 And Ending September 30, 2019.
EXECUTIVE SUMMARY
The proposed ordinances and resolutions address the backlog of private sidewalk repairs in the City of Oakland and reduce City liability related to private sidewalk damage. The ordinances would require sidewalk repairs upon title transfer of real property and would establish joint liability for injuries resulting from sidewalk damage. The resolutions would authorize a new program to support low-income property owners in performing sidewalk repairs and authorize a three-month period in which fees to repair sidewalks would be waived for all property owners to encourage the repair of private sidewalk damage.
Item:
Public Works Committee
June 11, 2019
ATTACHMENT "E"
Sabrina B. Landreth, City Administrator
Subject: Supporting Property Owners in Repairing Sidewalks Date: May 3, 2019_________________________________ Page 2
BACKGROUND / LEGISLATIVE HISTORY
Currently, the Department of Transportation (OakDOT) has more than 3700 open sidewalk repair tickets. Approximately 25% of all sidewalk damage service requests were made more than 5 years ago. Each service request represents a potential accessibility challenge for Oaklanders in wheelchairs, with strollers, and who use a mobility device, such as a walker.
Each of these open sidewalk damage reports also represents constructive notice of potential trip hazards. Sidewalk cracks, lifts, and upheavals can lead to injuries. These injuries result in dozens of claims and lawsuits every year. Finally, each of these open tickets can be understood as a proxy for additional areas of damage that have gone unreported. Sidewalk damage presents barriers, potential injuries, and potential liabilities for both the City and Oakland property owners.
Per California law1, the responsibility to repair areas of sidewalk damage is the responsibility of the adjacent property owner. Approximately 85% of sidewalk damage in the City of Oakland is “private damage,” or damage that is by statute the responsibility of the private property owner adjacent to the sidewalk. Around 15% of sidewalk damage in the City is “public damage,” or sidewalk damage at or within a public facility, or sidewalk damage that is caused by an official City tree. Public damage is the responsibility of the City to repair. As directed in the 2017-2019 Capital Improvement Plan, the City’s $1M annual sidewalk repair program is dedicated to repairing public damage.
Although by state law private property owners are responsible for private sidewalk repairs and may be liable for any injuries resulting from sidewalk defects, California courts have held that the City is and can be held liable for injuries as a result of private sidewalk damage if the City has not adopted a sidewalk liability ordinance. Between 2001-2010, the City paid out an average of $370,000 annually in sidewalk trip-and-fall claims and lawsuits. Since 2010, the average annual payout has increased to $485,000, a 30% increase. In 2018, the City paid out more than $1,1M, exceeding the funds dedicated to the annual sidewalk repair program.
The majority of trip-and-fall claims stem from private damage. The City Attorney’s Office analysis of nearly 1000 claims in the past ten years identified that 61% of claims stemmed from private damage, with the City identified as a co-defendant to a private property owner. Trip-andfall claims and lawsuits are paid out of Fund 1100 (Self-Insured Liability), a subset of Fund 1010 (General Fund).
Following the California Court of Appeal decision in Gonzales v San Jose, California cities have reduced trip-and-fall liability by adopting municipal ordinances that clearly and unambiguously 1 California Streets and Highways Code § 5610: The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.
Item:
Public Works Committee
June 11, 2019
Sabrina B. Landreth, City Administrator
Subject: Supporting Property Owners in Repairing Sidewalks Date: May 3, 2019_____________________________ Page 3
confirm private responsibility for injuries resulting from private sidewalk damage. (Gonzales v San Jose (2004) 125 Cal App.4th 1127.) The ordinances do not change what is already vested in state law, but expressly establish that the property owner has the primary and exclusive responsibility for maintaining safe sidewalks whether or not the City has notified the owner of their maintenance obligations. Many jurisdictions in California have incorporated such language within municipal ordinances, including San Francisco, Emeryville, Concord, Larkspur, Albany, Lodi, Sacramento, Vacaville, Richmond, Tiburon, Mill Valley, Sausalito, Fairfax, Novato, Lafayette, Orinda, Gilroy, Walnut Creek, San Pablo, and Pleasant Hill.
The Oakland Department of Transportation receives approximately 180 permit applications each year for curb, gutter, and sidewalk repair on private property. Permits are required for any repair larger than 25 square feet.
ANALYSIS AND POLICY ALTERNATIVES
Improving sidewalks would improve accessibility for people with disabilities, contribute to neighborhood walkability, and reduce liability for both the City and private property owners.
Given that the majority of sidewalk damage is the responsibility of private property owners, staff recommend reducing City liability for private damage and increasing the breadth of options that help facilitate private sidewalk damage repair.
Updating the Oakland Municipal Code to require sidewalk improvements at title transfer In 2011, City Council passed an ordinance requiring upgrades to private sewer laterals before a property title can be transferred. Following this change, the number of sewer lateral repair permit applications increased from an average of 650 per year to an average of 3000 per year.
Staff is proposing a similar ordinance for sidewalks. Like the private sewer lateral requirement, the sidewalk improvement ordinance would require either a property buyer or seller complete necessary repairs and upgrades to bring a sidewalk to compliance before a title transfer is completed. A compliance certificate for the adjacent sidewalks would need to be completed prior to the first close of escrow on the property.
Currently, staff see an average of 180 permit applications for sidewalk repairs every year.
Based on the increase in sewer lateral permit applications following the 2008 ordinance, staff estimate that the City could see up to 700 permits each year through the sidewalk improvement ordinance and approximately 84,000 square feet in private sidewalk damage repairs.
Staff recommended one change in precedent from the private sewer lateral ordinance: the proposed sidewalk ordinance would enable self-certification of the sidewalk improvement.
Linder this option, a buyer or seller would not need to coordinate with City of Oakland staff to schedule an inspection. Instead, the buyer or seller would hire a licensed contractor permitted by the City to complete the repairs and the contractor or a professional engineer or licensed architect would submit a self-certification of the sidewalk compliance under penalty of perjury.
City of Oakland construction inspectors would then perform random inspections of all completed work at a later date. This addresses a key concern of real estate agents, buyers, and sellers under the current sewer lateral ordinance.
Item:
Public Works Committee
June 11, 2019
Sabrina B. Landreth, City Administrator
Subject: Supporting Property Owners in Repairing Sidewalks Date: May 3, 2019_________________________________ Page 4 Updating the Oakland Municipal Code to establish property owner responsibility and liability for sidewalk safety and maintenance
Adjacent property owners are often in the best position to quickly identify and address potentially dangerous sidewalk conditions. The effect of the proposed ordinance on adjacent property owners is to establish a measure of legal responsibility for the maintenance of safe sidewalks. Without the ordinance, abutting property owners have little incentive to maintain sidewalks or to report or eliminate tripping hazards, even though they are currently responsible for repairs pursuant to state law.
Sidewalk liability ordinances such as the one recommended by staff serve as an effective risk management tool, enabling the City to more fully defend against sidewalk trip and fall cases by providing the legal means to tender sidewalk related injury claims to the responsible property owner's insurance carriers. For these reasons, sidewalk liability ordinances are strongly recommended by ABAG (Association of Bay Area Governments), as well as MPA (Municipal Pooling Authority), and CSAC EIA (Excess Insurance Authority), which are public entity insurance authorities that provide Cities with excess liability coverage.
Establishing a sidewalk repair hardship program
The City of San Jose currently provides a Sidewalk Repair Financial Hardship Program in which the city performs subject repairs at no cost to qualifying low income property owners. In order to qualify, low-income property owners must have an annual household income of less than three times the national poverty level based on household size, as well as provide a copy of current federal income tax return and other documentation. In addition, financial hardship approval is subject to available funding and may not be awarded to all qualified applications.
Approximately 8% of Oakland households in owner-occupied units earn an annual household income less than $35,000. To encourage and enable low-income property owners to repair damaged sidewalks, staff have proposed a sidewalk repair hardship program similar to the City of San Jose. This program would perform sidewalk repairs at no cost to qualifying low-income propei^y owners, to a maximum expenditure of $50,000 annually. To receive the waiver, a property owner would present proof of participation in another means-tested program, such as CalFresh or PG&E CARE (California Alternate Rates for Energy). (For a complete list of qualifying programs, see Attachment A.) With Council authorization, this program would be funded by Measure BB.
Creating a temporary waiver for sidewalk repairpermit fees To encourage all Oakland property owners to repair damaged sidewalks, staff have also proposed a temporary fee moratorium. For a period of three months, beginning July 1,2019 and ending September 20, 2019, all administrative fees assessed for the repair of sidewalk damage would be waived for all Oakland property owners. With Council authorization, the waivers would be funded by Measure BB.
/
Item: ________
Public Works Committee
June 11, 2019
Sabrina B. Landreth, City Administrator
Subject: Supporting Property Owners in Repairing Sidewalks Date: May 3, 2019___________________________ Page 5
FISCAL IMPACT
In 2018, the City paid out more than $1.1 M, exceeding the funds dedicated to the annual sidewalk repair program. The proposed Sidewalk Liability Ordinance will likely reduce the City's pay-outs for sidewalk related injuries based on historical information because (1) property owners will be more likely to maintain sidewalks in a safe condition if they are jointly liable for injuries due to damaged and neglected sidewalks adjacent to their property; and (2) the City would have the right to recover from property owners and their insurance companies a portion of the claims for injuries resulting from unsafe sidewalk conditions. Requiring sidewalk compliance at property title transfer would have a net neutral impact, given that inspection costs would be recovered by administrative fees.
The two proposed programs that would perform sidewalk repairs at no cost to qualifying lowincome property owners and temporarily waive all administrative fees for sidewalk repairs for all property owners would have a short-term negative fiscal impact, covered by existing funds programmed through the citywide sidewalk repair program. Overall, however, reducing citywide sidewalk damage could reduce trip-and-fall claims, ADA (Americans with Disabilities Act) grievances, and other unplanned City expenditures.
PUBLIC OUTREACH / INTEREST
The subject matter of this report was presented to the Mayors Commission on Persons with Disabilities and the Bicyclist and Pedestrian Advisory Commission. An informational presentation was also presented to the Local Government Affairs Committee of the OaklandBerkeley Association of Realtors.
Upon passage of the recommended ordinances and resolutions, staff will prepare a mailed announcement targeted to Oakland property owners providing information about sidewalk repair liability and opportunities for property owners to receive City support in repairing their sidewalks.
COORDINATION
The Office of the City Attorney and Budget Bureau were consulted in the preparation of this report.
SUSTAINABLE OPPORTUNITIES
Economic: Encouraging property owners to repair their sidewalks may increase business for small, local construction contractors.
Environmental: Clear, accessible paths of travel contribute to walkable neighborhoods, reducing environmental impacts associated with transportation.
Item:_______ _
Public Works Committee
June 11,2019
Sabrina B. Landreth, City Administrator
Subject: Supporting Property Owners in Repairing Sidewalks Date: May 3, 2019_______________________________ , Page 6 Social Equity. Creating clear, accessible paths of travel is a key component of the City’s ADA Transition Plan. Supporting low-income property owners in repairing damaged sidewalks may reduce property owner liability for vulnerable households and support accessible paths of travel in all neighborhoods. Sidewalk repairs could help also reduce trip and fall incidents which generally impact older Oaklanders and visitors.
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That the City Council Adopt
1) An Ordinance Revising Oakland Municipal Code Title 12, Chapter 12.04 To Add Oakland Municipal Code Title 12, Chapter 12.22 To Establish Property Owner Responsibility And Liability For Sidewalk Safety And Maintenance
2 An Ordinance Revising Oakland Municipal Code Title 12, Chapter 12.04 To Add New Regulations Requiring Oakland Property Owners To Inspect And Certify Sidewalks In The Public Right-Of-Way At The Time Of Property Transfer
3) Resolution To Authorize The Department Of Transportation To Complete Private Property Sidewalk Repairs Of Low-Income Property Owners At No Cost To Qualifying Property Owners Item:
Public Works Committee
June 11,2019
Sabrina B. Landreth, City Administrator
Subject: Supporting Property Owners in Repairing Sidewalks Date: May 3, 2019_________________________________ Page 7 4) Resolution To Authorize A Three-Month Period In Which Sidewalk Repair Permit Fees Would Be Waived To Encourage Private Property Sidewalk Damage Repairs Beginning July 1, 2019 And Ending September 30, 2019
For questions regarding this report, please contact Sarah Fine, Complete Streets Paving & Sidewalks Program Manager at (510) 238-6241.
Respectfully submitted,
RYAN RlSsSO
Director
Oakland Department of Transportation
Reviewed by:
Wladimir Wlassowsky, P.E., Assistant Director
Oakland Department of Transportation
Mohamed Alaoui, P.E., Division Manager
Oakland Department of Transportation
Prepared by:
Sarah Fine, M.C.P., Program Manager
Complete Streets Paving & Sidewalks
Attachments:
A: List of Qualifying Programs for Low-Income Property Owners Item:
Public Works Committee
June 11,2019
CITY OF OAKLAND ATTACHMENT A
SUBJECT: Applicable programs for low-income home owner waiver To receive a waiver of administrative fees for sidewalk damage repairs, homeowners may present proof of participation in any of the following programs:
Low Income Home Energy Assistance Program (LIHEAP)
Women, Infants, and Children (WIC)
CalFresh/SNAP (Food Stamps)
CalWORKs (TANF) or Tribal TANF
Head Start Income Eligible (Tribal Only)
Supplemental Security Income (SSI)
Medi-Cal for Families (Healthy Families A & B)
National School Lunch Program (NSLP)
Bureau of Indian Affairs General Assistance
Medicaid/Medi-Cal
PG&E CARE
Approved as to Form and
Legality
filed
^ O/.KU'ND
ClM*
QAKLAAIDGITYGOUNGIL.
ORDINANCE No.
City-Attorney
113 MAY 30 PH 5= 30
C.M.S.
ORDINANCE REVISING OAKLAND MUNCIPAL CODE TITLE 12,
CHAPTER 12.04 TO ADD OAKLAND MUNCIPAL CODE TITLE 12,
CHAPTER 12.22 TO ESTABLISH PROPERTY OWNER
RESPONSIBILITY AND LIABILITY FOR SIDEWALK SAFETY AND
MAINTENANCE
WHEREAS, the timely maintenance and repair of damaged sidewalks is essential to protect the health, welfare and safety of Oakland residents, workers, and visitors; and WHEREAS, an owner ofproperty abutting a sidewalk is often in the best position to know of unsafe conditions in the sidewalk and to initiate repairs or notify the City of Oakland ofthe conditions; and
WHEREAS, the state Streets and Highways Code provides that owners ofproperty abutting sidewalks have a duty to maintain those sidewalks; and
WHEREAS, the City of Oakland wishes to limit the City's liability exposure for injuries resulting from sidewalk defects; and
WHEREAS, the City ofOakland desires to establish a uniform practice consistent with the state Streets and Highways Code for maintenance and repair ofsidewalks; WHEREAS, the City of Oakland already requires the inspection oflower building sewer laterals at the time ofproperty transfer, and desires to inspect and certify sidewalks in the public right-ofway at the time ofproperty transfer; now, therefore, THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1.
Purpose and Intent. The purpose and intent ofthis Ordinance is to protect the health, welfare and safety ofCity ofOakland residents and guest to the City ofOakland by establishing regulations for the maintenance and repair ofsidewalks consistent with the State Streets and Highways Code, and establishingjoint liability for sidewalk related damages or injuries.
Section 2.
Add Chapter 12.22 to Title 12 ofthe Oakland Municipal Code. Chapter 12.22 is hereby added to the Oakland Municipal Code, and such Chapter shall read as follows:
12.22.010 Definitions.
1 For the purposes ofthis chapter, unless otherwise apparent from the context, the words and phrases used in this chapter are defined as follows:
Ar^Gity" shall mean the City ofOaklandv
B. "Owner" and "Property Owner" shall be deemed in accordance with Chapter 22 of Division 7, Part 1 ofthe California Streets and Highways Code, as the same is how in effect or may hereafter be amended.
C. "Sidewalk" shall be deemed to include sidewalks, walkways, driveways, curbs, bulkheads, retaining walls, gutters, such areas maintained as a park or parking strip in the area between the property line and the street line, and other works for the protection of any sidewalk or ofsuch park or parking strip and any portion of a street between the curbline and the adjacent property line, intended for the use ofpedestrians.
12.22.020 Maintenance and repair ofsidewalks.
A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair ofsidewalk areas and the making, confirming and collecting of assessments for the cost and expenses ofsaid maintenance and repair maybe done and the proceedings therefore may be had and taken in accordance with this chapter and chapter 12.04 ofthis Code, which adopt the procedures provided for pursuant to Chapter 22 ofDivision 7, Part 3, of the Streets and Highways Code ofthe state as the same is now in effect or may hereafter be amended.
B. The owners oflots or portions oflots adjacent to, abutting or fronting on any portion of a sidewalk area between the property line ofthe lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession ofsuch lots by virtue ofany permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefore, pursuant to the process provided for in chapter 12.04 ofthis Code, including a charge for the City ofOakland's costs ofinspection, administration and abatement whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs ofmaintenance and repair or handling of any lien placed on the property due to failure ofthe property owner to promptly pay such assessments.
C. For the purposes ofthis chapter and chapter 12.04, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair ofsurfaces including grinding, removal and replacement ofsidewalks, repair and maintenance of curb and gutters, removal and filling or replacement ofparking strips, removal ofweeds and/or debris, supervision and maintenance ofsigns allowed, tree root pruning and installing root barriers, trimming ofshrubs and/or ground cover and trimming shrubs within the area between the property line ofthe adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use ofsaid sidewalk area.
D. Notwithstanding the provisions of Section 5614 ofthe state Streets and Highways Code and chapter 12.04 ofthis Code, the Director ofPublic Works, or such other City 2 Official as may be designated by the City Administrator, may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period ofnot to exceed ninety days from the time the notice referred to in said Section 5614 is given.
12.22.040 Liability for injuries to public.
The property owner required by Section 12.22.020 and Chapter 22 ofDivision 7, Part 3, ofthe state Streets and Highways Code to maintain and repair the sidewalk area shall owe a duty to members ofthe public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result ofthe failure of any property owner to maintain the sidewalk area in a nondangerous condition, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. Any person who suffers injury or property damage as a result ofthe failure ofthe property owner to so maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner. The City of Oakland, shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from such injury to persons or property as a legal result ofthe failure ofthe owner to maintain the sidewalks and-sidewalk areas in accordance with this Chapter.
12.22.060 Advancement of costs ofwork.
The Director ofTransportation, or such other City Official as may be designated by the City Administrator, pursuant to this chapter and chapter 12.04 ofthis Code, is authorized and empowered to and may advance from a revolving fond specifically created for such purpose, any sum or sums necessary to pay the cost ofthe work ofrepairing or constructing any sidewalk by a contractor awarded a contract to perform said work under the procedures set forth by the City Administrator, and may reimburse said revolving fond for the sum or sums so advanced from any assessment thereafter levied and collected.
12.22.080 Notice of cost and hearing by council.
Upon the completion ofthe repairs or construction, the Director ofTransportation, or such other City Official as may be designated by the City Administrator, shall cause notice ofthe cost ofthe repairs or construction to be given in the manner specified in chapter 12.04 ofthis Code, as the same is now in effect or may hereafter be amended, for the giving ofnotice to repair or construct. The notice shall specify the day, hour and place when the city council will hear and pass on the report ofthe costs ofthe repair, together with any written objections or protests which may be raised by any property owner liable to be assessed for the cost ofsuch repair or construction and any other interested persons.
The notice shall also describe the procedure to be followed for such written objections or protests. In no case, shall the hearing provided for in this section be sooner than ten days after giving of notice.
3 12.22.120 Hearing by City Council.
The City Council, on the day and hour fixed for hearing, shall hear and pass upon the report ofthe designated City Official, together with any written protests or objections. whieh-have-not-beenwithdrawn-prior-to-the-hearing,from-property-owners-liabletobi assessed for the work ofmaking such repair in accord with the procedure provided in chapter 12.04 ofthis Code and Chapter 22 ofDivision 7, Part 3 ofthe state Streets and Highways Code.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FORTUNATO BAS, GALLO, GIBSON MCELHANEY, KALB, REID, TAYLOR, THAO
AND PRESIDENT KAPLAN
NOESABSENTABSTENTION -
ATTEST:
LaTonda Simmons
City Clerk and Clerk of the Council
of the City of Oakland, California
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STREETS AND HIGHWAYS CODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 2. Repairs [5610 - 5618] ( Article 2 added by Stats. 1941, Ch. 79. ) The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.
(Added by Stats. 1941, Ch. 79.)
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. (Added by Stats. 1941, Ch. 79.)
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Added by Stats. 1941, Ch. 79.)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Amended by Stats. 1953, Ch. 798.)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTCHMENT "F"
5614.1.
5615.
5616.
5617.
5618.
The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Amended by Stats. 1963, Ch. 648.)
Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. (Amended by Stats. 1967, Ch. 615.)
Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
Transportation (OakDOT) → Services → Low-Income Property Owner Sidewalk Repair Application
Low-Income Property Owner
Sidewalk Repair Application
The low-income property owner sidewalk repair
program will perform sidewalk repairs at no cost to
qualifying low-income property owners, subject to
available funding. To receive this waiver, a property
owner must present proof of participation in a
means-tested program.
Solicitud de reparación de acera para propietarios de
bajos ingresos
ACCESS THIS FORM IN SPANISH
低收入房地產所有人人行道修繕申請書
ACCESS THIS FORM IN CHINESE
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Address Line 1
Address Line 2
City State ZIP Code
Applicant Information
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Phone *
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ATTCHMENT "G"
Address Line 1
Address Line 2
City State ZIP Code
Qualified Means-Tested
Programs
You must be participating in at least one of the
programs listed below. (Check all that apply)*
Low Income Home Energy Assistance Program (LIHEAP)
Women, Infants, and Children (WIC)
CalFresh/SNAP(Food Stamps)
Head Start Income Eligible (Tribal Only)
Supplemental Security Income (SSI)
Medi-Cal for Families (Healthy Families A & B)
National School Lunch Program (NSLP)
Bureau of Indian Affairs General Assistance
Medicaid/Medi-Cal
PG&E CARE
Proof of Participation in a
Means-Tested Program
Attach a file showing proof of your participation in
one of the programs listed above.*
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Location of Property
Address *
Describe the sidewalk's condition*
If you received a Notice to Repair (NTR), please
include the NTR number:
Certification
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I certify that I am a qualified low-income
property owner and that my request is based
upon individual need.
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Last revised: 4/24/23
Frequently Asked Questions about Sidewalk Certification for Property Sellers, Buyers, and Renovators.
Effective July 9, 2019: Before a title transfer may be completed, property owners must complete an inspection, and any necessary repairs and upgrades, to bring abutting sidewalks into compliance. (Oakland Municipal Code Chapter 12 Section 12.04.380)
Q. Does this apply to me?
This City Council ordinance applies to property owners who are selling, buying, or renovating (project value > $100,000) property in Oakland.
Some exceptions include property transfers during the administration of a decedent’s estate, transfers between co-owners, transfers to trusts, transfers to a spouse or registered domestic partner (including in the event of marriage dissolution or separation), or transfers because of a foreclosure or similar process. Additionally, no physical improvements to the sidewalk are required during the construction or conversion of Accessory Dwelling Units (ADUs) (Gov. Code, § 65852.2.). However, this exception does not apply to a title transfer of a property with an existing ADU.
Q. What is the process to certify my sidewalk?
All property owners must apply for a Sidewalk Certificate of Compliance with the OakDOT Permit Counter prior to the first close of escrow on the property, or concurrent with the permitting process for a $100,000+ renovation. Fill out an application here and email to [email protected].
The compliance process will depend on the condition of your sidewalk [see below].
ATTACHMENT "H"
Last revised: 4/24/23
If your sidewalk requires minor repair, you can complete the minor repair (defined as shaving/grinding, or removing and replacing less than 25 square feet) yourself or with a licensed contractor. After repairs are completed, apply for a Sidewalk Compliance Certificate. Only a licensed contractor (or professional engineer or licensed architect) can self-certify that the work has been performed per code and that your sidewalk is compliant.
If your sidewalk requires major repair, you will need to hire a licensed contractor who will obtain a Curb-Gutter-Sidewalk repair permit to complete the repairs. After repairs are completed, the licensed contractor (or professional engineer or licensed architect) will apply for a Sidewalk Compliance Certificate to attest that the repair and full sidewalk adjacent to your property is compliant. Note: a Sidewalk Certificate of Compliance does not provide authorization to begin construction on repairs larger than 25 square feet.
If your sidewalk does not require repair, you will need a licensed contractor (or professional engineer or licensed architect) to inspect the sidewalk and to apply for a Sidewalk Certificate of Compliance at the OakDOT Permit Counter or [email protected]. Again, you do not need to wait for a City inspection to receive your Certificate of Compliance.
If your property does not have a sidewalk and you are transferring title, request an exemption certification.
If your property does not have a sidewalk and you are performing renovation exceeding $100,000 in valuation and more than 50% of the frontage on your street or block has sidewalks, you may be required to construct sidewalks per California Streets and Highways Code § 5875. If you have questions or concerns, please contact the Permit Counter at [email protected].
Q. How do I know if my sidewalk requires repair?
Any crack, depression, or vertical offset of more than ¼ inch is considered a defect, per Americans with Disabilities Act (ADA) guidelines.
Q. Which documents will I need to certify my sidewalk?
Any documents that support the representation made in your application including the inspection report, a detailed contractor’s invoice, and photographs of the sidewalk (before and after, as appropriate). Supporting documents will be scanned and added to the certification record in OakDOT’s permit database.
Q. How much will it cost to obtain a compliance certificate? Applicants pay the standard OakDOT Permit Intake Fee + a 14.75% Records and Technology Fee.
As of April 2023, the Intake Fee + 14.75% amounted to $87.21. Sidewalk repair permits carry a separate fee. Consult the Oakland Master Fee Schedule for up-to-date fee details.
Q. What if I cannot complete the repair in time?
If you cannot obtain a Compliance Certificate for your sidewalk before title transfer, you may apply for a Provisional Sidewalk Compliance Certificate which will allow a 120-day extension from the issue Last revised: 4/24/23
date for sidewalk repair work to be completed. The Provisional Sidewalk Compliance Certificate must be issued before title transfer. Up to two (2) additional 120-day extensions may be issued at request.
Full fees apply.
During the 120-day extension period, the responsible party, as negotiated between the buyer and seller, shall complete the requirements to obtain a Sidewalk Compliance Certificate by repairing or replacing the sidewalk as necessary. Note that once the title transfer is complete, the new property owner is solely responsible for obtaining the Sidewalk Compliance Certificate.
Applicants applying for a Provisional Sidewalk Compliance Certificate will pay the standard OakDOT Permit Intake Fee + a 14.75% Records and Technology Fee. As of April 2023, the Intake Fee +
14.75% amounted to $87.21 (consult the Oakland Master Fee Schedule [MFS] for up-to-date fee details). This fee will then be applied towards the final Compliance Certificate once compliance is achieved before the end of the 120-day period.
Failure to comply may result in an OakDOT inspection, and further civil penalties may ensue, up to and including a lien on the subject property.
Q. Which types of contractors can certify sidewalk repairs? A self-certification inspection shall be conducted by a contractor holding specified “A,” “B,” “C-8” or “D6” license and a current valid Oakland Business License.
In addition to the above licenses, if concurrent permitted work is occurring, the contractor permitted to work at the address may inspect and certify the sidewalk so long as their contractor license includes concrete or related construction (e.g. “C-42” or “C-57”).
Q. How long is the Compliance Certificate effective?
A Compliance Certificate will be effective for 5 years after the date of issuance.
You do not need to apply for a new Sidewalk Compliance Certificate if your property has a valid and unexpired Sidewalk Compliance Certificate.
To check if your property has a valid and unexpired Compliance Certificate, check the City’s Accela permit system here for the property address (the certification will appear as the Record Type “OPW – Curb Gutter Sidewalk”) or email the OakDOT Permit Counter at [email protected].
Q. What if my property is part of a Homeowners Association? A Home Owners Association (HOA) or Community Association is a nonprofit corporation or unincorporated association that manages or governs a joint owner development and operates in accordance with governing documents, whether the corporation or association is formally designated or commonly referred to as an HOA or community association. Examples include condominiums, townhomes, planned unit developments, stock cooperatives, and other projects where separately owned individual units or parcels exist in conjunction with a common area.
HOAs or Community Associations are responsible for maintaining, repairing, and certifying sidewalks when sidewalks are a “common element” or a “common area” in governing documents such as the Last revised: 4/24/23
Covenants, Conditions and Restrictions (CC&Rs). The individual unit owners--as a group--are responsible for maintaining repairing, and certifying sidewalks if the HOA or Community Association does not cover sidewalks as a “common element” or a “common area” in governing documents such as the Covenants, Conditions and Restrictions (CC&Rs), or the joint owner development is not managed or governed by a HOA or Community Association.
Each HOA or Community Association should bring all sidewalks adjacent to the development into compliance. The HOA or Community Association will receive a Compliance Certificate once all sidewalks within their maintenance responsibility comply through the regular compliance process.
Compliance Certificates are valid for 5 years.
If you are buying, selling, or renovating a property in an HOA or Community Association, contact your HOA or Community Association to request a copy of the Compliance Certificate to use during title transfer.
If your HOA or Community Association does not yet have a Sidewalk Compliance Certificate, then a no-fee Compliance Certificate can be issued to you as the property owner from the OakDOT Permit Counter. The City may then inspect the sidewalks and issue Notices to Repair for damaged sidewalks to the HOA or Community Association. If a condominium is not part of a HOA or Community Association, the property owner is responsible for certifying the sidewalk themselves.
Q. What if my sidewalk is damaged by a City tree?
If you believe sidewalk damage is caused by a City of Oakland tree, the City must first verify that the tree is an official City tree. If the tree is not an official City tree, repair responsibility rests with the property owner. If the tree is an official City tree, the City must determine whether sidewalk damage at the address is caused exclusively by a City tree, partially, or not at all. The property owner must still arrange for inspection and repairs as needed for the remainder of the sidewalk. A Sidewalk Certificate of Compliance can be issued even if verified damage due to City trees has not been repaired by the City.
Q. Is concrete shaving or horizontal sawcutting allowed and do I need a permit? This repair technique involves special equipment that “shaves” concrete panels to eliminate minor sidewalk uplifts without grinding or damaging the concrete slab. No permit is required for repairs under 25 square feet.
10/16/23, 3:18 PM Sidewalk Repair Program | City of Redwood City https://www.redwoodcity.org/departments/public-works/sidewalk-repair-program 1/2 Sidewalk Repair Program
Why Should I Participate?
By the City’s Municipal Code, property owners are responsible for maintaining the sidewalk bordering their property. Property owners have two options for sidewalk repair:
1. Participate in the City’s 50/50 Cost Shared Sidewalk Repair Program or
2. Make the repair independently by hiring a licensed contractor and submitting a sidewalk repair permit.
Participating in the City’s program is efficient and cost-effective because no permits are needed and property owners can take advantage of the City’s contract pricing.
Program Eligibility
Residential or non-profit property owners in Redwood City may participate.
Non-profit properties include schools, churches, synagogues, mosques, temples, hospitals, government buildings, etc.
Commercial or rental properties are NOT eligible to participate.
Driveways are NOT eligible, since they are private property.
How Do I Know If My Sidewalk Needs Repair?
Look for uplifted, cracked or deteriorated sidewalk. A basic guideline is that breaks bigger than three quarters (3/4) of an inch should be reported.
Cracks may indicate root growth. This means sidewalks that look like the picture on the right should be reported. Reporting early on allows for repair teams to redirect tree roots before irreparable damage is done to the tree and/or sidewalk.
How To Participate
1 Contact Public Works Services by calling (650) 780 7464 ATTACHMENT "I"
10/16/23, 3:18 PM Sidewalk Repair Program | City of Redwood City https://www.redwoodcity.org/departments/public-works/sidewalk-repair-program 2/2
1. Contact Public Works Services by calling (650) 780-7464.
2. City staff will inspect the sidewalk to determine if it meets the City's permanent repair criteria.
3. Then, they will perform a one-time temporary repair to make the sidewalk safe.
4. If repair criteria is met, City staff will provide a cost estimate for permanent repair.
5. The City's contractor will perform the permanent repair at a later date.
Program Cost
Costs will vary depending on the condition of the sidewalk.
Costs are split evenly (50/50) between the property owner and the city.
By splitting the cost, the City is able to relieve citizens of some of the burden, and is able to repair many sidewalks.
Can I Do Repairs Myself?
Yes. However, if you wish to do so, the full cost must be paid for by the property owner.
Please visit the Permit Counter at City Hall to submit a sidewalk permit.The Permit Counter is located on the first floor of City Hall, 1017 Middlefield Road.
To find a qualified contractor please refer to the California Contractors State License Board. 9/12/23, 2:36 PM Public Art | SF Better Streets
https://www.sfbetterstreets.org/find-project-types/streetscape-elements/street-furniture-overview/public-art/ 1/4 Home | Español | 中文
W H Y B E T T E R S T R E E T S L E A R N T H E P R O C E S S F I N D P R O J E C T T Y P E S D E S I G N G U I D E L I N E S A guide to making street
improvements in San Francisco
Search GO
ATTCHMENT "J"
9/12/23, 2:36 PM Public Art | SF Better Streets
https://www.sfbetterstreets.org/find-project-types/streetscape-elements/street-furniture-overview/public-art/ 2/4 Public Art
On this page:
Process Overview
Official Codes & Documents
Design Guidelines
Maintenance
Agency who can help:
San Francisco Arts Commission
25 Van Ness Avenue, Suite 345
San Francisco, CA 94102
(415) 252-2590
See also: Street Furniture Overview
Public art is an important component of many street improvements.
On a large scale, public art has the ability to unify a district with a theme or identify a neighborhood gateway. At a pedestrian scale, it can provide visual interest for passersby.
San Francisco’s Public Art Ordinance provides establishes the framework for the San Francisco Public Art Program. In San Francisco, two percent of the construction cost of civic buildings, transportation projects, new parks, and other above-ground structures to be allocated for public art. The city’s 2% for the arts program is administered by the San Francisco Arts Commission (SFAC).
This page focuses on the process and guidelines for installing public art in streets and sidewalks.
P R O C E S S O V E R V I E W
The process for designing and/or installing works of art in the public right-of-way will vary for different types of or project stakeholders.
Artists, designers, community members, and City staff all play a role in the process.
Street designers
Community organizations
Artists
Street Designers
Many street and transportation improvements are required to contribute 2% of the project budget to public art, subject to Arts Commission approval. The City’s Public Art Ordinance describes project thresholds that trigger this requirement.
If you are a designer working on a project that triggers the City’s Public 2% for public arts requirement, you will need to coordinate with the Civic Design Review Committee (CDRC).
The committee will review your project at three phases during the design process:
Phase 1: Conceptual Design
Phase 2: Design Development
Phase 3: Construction Documents
See the CDRC homepage for more information.
Community Organizations
Public artwork installations generally involve greater neighborhood outreach and a more complex process than simple projects like street trees or sidewalk landscaping, and are typically carried out by a neighborhood or business organization. Community groups seeking to sponsor a civic art project are encouraged to reach out to neighbors and stakeholders early on and include them in the design process.
F I N D P R O J E C T T Y P E S
Activating Street Space
Greening & Stormwater
Management
Pedestrian Safety &
Traffic Calming
Reclaiming Roadway
Space
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9/12/23, 2:36 PM Public Art | SF Better Streets
https://www.sfbetterstreets.org/find-project-types/streetscape-elements/street-furniture-overview/public-art/ 3/4 See Building Neighborhood Support
Permits
Community groups wishing to install artwork in the public right-of-way will require a Minor Sidewalk Encroachment Permit or Major Encroachment Permit from the Department of Public Works (DPW), depending on the scale of the project.
Project sponsors are encouraged to speak with a DPW permit plan checker early in the process to map out a permitting strategy for art instillations.
See Permit Process
Maintenance
For neighborhood- or corridor-wide street or sidewalk improvements, the sponsoring organization must have an agreed upon maintenance plan that spells out maintenance responsibilities. This is typically determined during the permit process. Project sponsors are strongly advised to meet with a DPW permit plan checker early on to discuss maintenance strategies.
To learn more about who is responsible for maintaining street and sidewalk features, see Maintenance.
Artists
The San Francisco Arts Commission selects artists for public commissions. See their Application Guide for Artists. The guide outlines selection procedures and submission guidelines for prospective artists.
If you are selected as an artist for a public artwork, Arts Commission staff will work with you on the various steps of the project including design, construction documents, public process and permitting.
Public Process
Many public art projects require a public process that allows community members to participate in the design process. The process will vary from project to project depending on the criteria established in the Call for Artists.
Art installed on public streets and sidewalks must be presented to the Civic Design Review Committee.
Permitting
The Arts Commission assists artists in getting their projects through the City’s permitting system. Public art commissions typically will require a Minor Sidewalk Encroachment Permit or Major Encroachment Permit from the Department of Public Works (DPW), depending on the scale of the project.
See Permit Process for more information
O F F I C I A L C O D E S & D O C U M E N T S
Public Art Ordinance
(Section 3.19 of the Administrative Code)
Better Streets Plan (street design guidelines)
D E S I G N G U I D E L I N E S
Street types: Downtown Commercial, Commercial Throughway, Neighborhood Commercial, Downtown Residential, Residential Throughway, Mixed Use, Parkway, Park Edge, Multi-Way Boulevard, Ceremonial, Alley, Shared Public Way, Paseo
9/12/23, 2:36 PM Public Art | SF Better Streets
https://www.sfbetterstreets.org/find-project-types/streetscape-elements/street-furniture-overview/public-art/ 4/4 DISCLAIMER: This website is intended as a guide to facilitate the making of street improvements in San Francisco. It is not a replacement for the formal permit process. Project sponsors must still obtain all relevant permits and follow all applicable standards and regulations. y y
Sidewalk zones: Extension Zone, Furnishing Zone, Frontage Zone Guidelines
Location of public art
Public art should be located on streets and in public spaces with high volumes of pedestrian traffic, particularly at key points or intersections. It may also be located in areas where few people pass to create unique and special places for people to enjoy. Downtown streets and boulevards are particularly appropriate for the former, while stairways and pathways provide unique spaces, often distinct to San Francisco, that fulfill the latter.
Design of public art
Public art is unique to each situation; however, the following guidelines apply:
Public art should be located so as to be a pedestrian amenity. A piece can act as a focal point in a park or plaza or present a “surprise” along a pedestrian path that rewards the passerby with visual interest.
Consideration should be given to incorporating art into otherwise standard street elements such as light poles, benches, trash receptacles, and utility boxes.
Art can provide information, such as including maps and signage, or be educational in regards to the history and culture of San Francisco’s neighborhoods and citizens. All installations do not need an educational mission, however—art can be playful.
Public art should be accessible to persons with disabilities and must not be placed in a way that compromises the clear path of travel. Art pieces may require detectable warning strips around the base of the art piece.
Public art should be considered during the planning and design phase of development to more closely integrate art with other streetscape elements.
M A I N T E N A N C E
The Arts Commission is responsible for maintaining the city’s art collection.
Individuals who install public art in the public right-of-way through a DPW permit will be responsible for maintenance of the artwork.
For a more detailed description of maintenance responsibilities, see Maintenance.
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Item No. 9b
Meeting Date: November 8, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Leiloni Shine, Contract Planner
Agenda Title: PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS INFORMATIONAL DISCUSSION FOR AMENDMENTS TO CHAPTER 12.16 SIDEWALKS, CURBS, AND GUTTERS – CONSTRUCTION AND REPAIR, WITHIN TITLE 12 (STREETS, SIDEWALKS, AND PUBLIC PLACES) OF THE CITY OF WILLITS MUNICIPAL CODE.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Agenda Summary: This informational discussion has been proposed to give an opportunity for the City Council to review the existing and proposed Willits Municipal Code Section Title 12, Chapter 12.16 entitled – Sidewalks, Curbs and Gutters – Construction and Repair, and if Council members choose, provide comments on the proposed elements of municipal code amendments. This informational discussion is intended to present the early stages of the proposed Ordinance amendments and to provide an additional evaluation process for review to the City Council. While the Council is not required to provide feedback at this time, it is an opportunity for members to do so.
The existing sidewalk Ordinance dates from 1968 and has not been updated since 1989 (Ord. 89-15 §2; Ord. 68-1 §1) and has multiple Sections that are outdated or that include general policies that staff have determined are inadequate for the current regulatory needs of the City.
The accompanying staff report highlights different repair policies and requirements that the City Council may consider when reviewing options for amending the existing sidewalk Ordinance (Chapter 12.16). The current California Streets and Highways Code Sections 5610-5618 provide guidance on the standard conditions required for sidewalk repairs and maintenance, including the liability and responsibility for adjacent property owners to maintain sidewalks.
The feedback and guidance provided by City Council during the informational discussion will assist the Community Development Department with organizing and prioritizing language to be proposed as Ordinance amendments, which staff will present to the Council at a later date.
Recommended Action: Receive presentation from staff, solicit public input, and provide feedback to staff regarding prospective amendments to Chapter 12.16 of the Willits City Code.
Alternative(s): None.
Fiscal Impact: There is no direct fiscal impact associated with the informational discussion.
Personnel Impact: Additional staff time for researching and reviewing potential language to amend existing Ordinances and presenting the proposed Ordinance amendments at a later date. 2021 Adopted Goals: This item supports Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.
California Environmental Quality Act: This informational item is for discussion only and is exempt from the California Environmental Quality Act ("CEQA"). Staff anticipates that Ordinance amendments proposed at a later date may also be exempt from CEQA pursuant to State CEQA Guidelines Sections 15183.
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 : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 1
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: November 8, 2023 AGENDA ITEM NO: 9b
TO: Honorable Mayor and Members of the City Council
PREPARED BY: Leiloni Shine, Contract Planner
SUBJECT: Prospective Sidewalk Ordinance Amendments
REQUEST: Review and provide comments during the Informational Discussion on proposed amendments to the City of Willits Municipal Code Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair.
LOCATION: In the City of Willits, all Sidewalk areas providing public right-of-way access and use.
EXISTING MUNICIPAL CODE: Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair.
PROPOSED MUNICIPAL CODE: Amend Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair, to include additional requirements for Sidewalks, Curbs, and Gutters.
ENVIRONMENTAL DETERMINATION: This is an information item for discussion only and is not subject to California Environmental Quality Act (CEQA)
at this time.
RECOMMENDATION: No Action. Review the Staff Report. Council members may provide comments regarding the proposed
municipal code amendments as part of the early stages
of the Ordinance amendment evaluation process.
BACKGROUND
INFORMATIONAL DISCUSSION:
This informational discussion has been proposed to give an opportunity for the City Council to review the existing and proposed Willits Municipal Code Section Title 12, Chapter 12.16 entitled – Sidewalks, Curbs and Gutters – Construction and Repair (ATTACHMENT A), and if Council members choose, provide comments on the proposed elements of municipal code amendments.
This Informational Discussion is intended to present the early stages of the proposed Ordinance amendments and to provide an additional evaluation process for review to the City Council. While the City Council is not required to provide feedback at this time, it is an opportunity for members to do so.
STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 2
NEED FOR ORDINANCE REVIEW AND AMENDMENTS:
The existing sidewalk ordinance (ATTACHMENT A) was established in 1968 and has not been updated since 1989 (Ord. 89-15 §2; Ord. 68-1 §1). and has multiple Sections that are outdated or that include general policies that staff have determined are inadequate for the current regulatory needs of the Community Development Department (the Department). The Department has identified several regulatory options that would enhance its ability to regulate the safety and welfare of the community. The potential ordinance amendments proposed in this Staff Report have been selected as part of the research completed by the Planning Department and reviewed by the Services and Facilities Department. The research encompassed reviewing other jurisdictions’ regulations within California that have addressed community needs for sidewalk repair and maintenance through their ordinances, those of which include detailed sidewalk repair policies. This Staff Report and informational discussion highlight different repair policies and requirements that the City Council may consider when reviewing the options for amending the existing sidewalk ordinance (Chapter 12.16). The current state Streets and Highways Code Sections 5610-5618 provide guidance on the standard conditions required for sidewalk repairs and maintenance, including the liability and responsibility for adjacent property owners to maintain sidewalks. Staff recommendations are outlined below that the current Sidewalk Ordinance be amended to align with state regulations more effectively.
CALIFORNIA STREETS AND HIGHWAYS CODE ARTICLE 2. REPAIRS (5610-5618) ARTICLE 2. REPAIRS 5610 (ATTACHMENT F):
The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.
EXISTING WILLITS MUNICPAL CODE SECTION 12.16.070 – CONSTRUCTION REQUIREMENT – DESIGNATED (ATTACHMENT A):
It is unlawful to construct, make structural additions, alterations or repairs to any structure, without placing concrete curbs, gutters and sidewalks along the front, sides or back of the property so improved which adjoins a city street or fronts on an alley. (Ord. 89-15 §2; Ord. 68-1 §1).
EXISTING WILLITS MUNICPAL CODE SECTION 12.16.100 – DETERMINATION OF MAJOR STRUCTURAL ALTERATIONS, ADDITIONS, OR REPAIRS (ATTACHMENT A):
As used in Section 12.16.070, the phrase "structural additions, alterations and repairs" shall mean any construction which shall:
A. Exceed twenty-five percent of the value of the structure being constructed, altered or repaired; or
B. Cost ten thousand dollars or more; or
C. Result in the addition to, or modification or repair to three hundred square feet of building area; or
D. Whichever of the above definition is less. (Ord. 89-15 §4).
STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 3
SUMMARY OF PROPOSED AMENDMENTS TO MUNICIPAL CODE
CHAPTER 12.16
I. ORDINANCE DETAILS:
These proposed potential ordinance amendments are comprised of the following components, which may be subject to change and may include additional components as the formal Ordinance Amendments are processed and heard by the City Council at a later hearing date. 1) NOTICING AND REPAIR-WORK TIMEFRAMES AND DEADLINES.
2) ENFORCEMENT, INSPECTION, AND PROPERTY LIEN REQUIREMENTS. 3) CITY STREET TREE MAINTENANCE PROCEDURES AND REPAIR
REQUIREMENTS FOR PRIVATE TREES WITHIN THE PUBLIC RIGHT-OF-WAY. 4) LIABILITY FOR SIDEWALK REPAIRS.
II. REPAIR POLICIES:
These proposed ordinance amendments are comprised of the following policies, which may be subject to change and may include additional policies as the formal Ordinance Amendments are processed and heard by the City Council at a later hearing date. 1) STANDARDS OR REQUIREMENTS THAT TRIGGER SIDEWALK REPAIR. 2) FINANCIAL RESPONSIBILITY FOR DIFFERENT TYPES OF SIDEWALK REPAIR COSTS.
3) REPAIR-WORK STANDARDS AND REQUIREMENTS.
III. ADDITIONAL POLICIES:
These proposed ordinance amendments are comprised of the following policies, which may be subject to change and may include additional policies as the formal Ordinance Amendments are processed and heard by the City Council at a later hearing date. 1) ESTABLISHING A ‘SIDEWALK REPAIR HARDSHIP PROGRAM’.
2) ESTABLISHING ONE (1) OR MULTIPLE ‘POINT OF SALE ORDINANCES’. 3) PUBLIC ART ON SIDEWALK OR PUBLIC RIGHT-OF-WAY AREAS.
STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 4
I. ORDINANCE DETAILS
1) NOTICING AND REPAIR-WORK TIMEFRAMES AND DEADLINES:
The existing ordinance (Chapter 12.16) does not specify in detail the noticing and repair-work timeframes/deadlines. The noticing requirements should be described within the Ordinance detailing the department and staff position responsible for overseeing the notification process.
The timeframe for sending the notice, deadline for repairs after notification has been sent, and additional notification processing requirements, should also be described within the Ordinance.
City of San Jose (ATTACHMENT B):
14.16.2200(c) – Maintenance and Repair of Sidewalk:
Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the director of streets and parks may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety days from the time the notice referred to in said Section 5614 is given.
2) ENFORCEMENT, INSPECTION, AND PROPERTY LIEN REQUIREMENTS.
The existing ordinance (Chapter 12.16) does not specify in detail the enforcement, inspection, and property lien requirements. The enforcement procedures should be described within the Ordinance detailing the department and staff position responsible for overseeing the inspection and enforcement process. The enforcement procedures should describe the timeline and requirements for property owners to complete and pay for sidewalk repairs, and the property lien process.
City of San Jose (ATTACHMENT B):
14.16.2200(b) – Maintenance and Repair of Sidewalk:
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of San José's costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. 3) CITY STREET TREE MAINTENANCE PROCEDURES AND REPAIR REQUIREMENTS FOR PRIVATE TREES WITHIN THE PUBLIC RIGHT-OF-WAY.
The existing ordinance (Chapter 12.16) does not specify in detail who (city or property owner) has the financial responsibility for all sidewalk repairs, including sidewalk damage caused by private or city street trees. The maintenance requirements for sidewalk repairs caused by private trees within the public right-of-way should be described within the Ordinance. The process for determining whether a street tree is private or city-owned may be described within a Tree Ordinance in the future. The prescription of required tree maintenance should be completed by an arborist, licensed in the state of California, and the arborist’s role should be described in any future Tree Ordinances as the responsible staff member for making determinations for tree maintenance.
City of San Jose (ATTACHMENT B):
14.16.2200(c) – Maintenance and Repair of Sidewalk:
For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 5
maintenance of signs allowed pursuant to Section 23.04.340 and Section 23.04.830, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
4) LIABILITY FOR SIDEWALK REPAIRS.
The existing ordinance (Chapter 12.16) does not specify in detail who (city or property owner) is liable for all sidewalk repairs. The existing ordinance (Chapter 12.04.220 – Street Excavations, Liability) specifies that “The permittee shall be responsible for all claims and liabilities arising out of the work performed under the permit…”. The liability for fixing sidewalk repairs should be defined and described in detail within the Sidewalk Ordinance. The current state Streets and Highways Code Section 5610 provides guidance on the standard conditions required for sidewalk repairs and maintenance, including the liability and responsibility for adjacent property owners to maintain sidewalks. In many jurisdictions, the liability for fixing sidewalk repairs along private property is held by the property owner. In some jurisdictions, the liability for fixing sidewalk repairs caused by city street trees will be held by that jurisdiction, not the property owner. Some jurisdictions take full responsibility for all sidewalk repairs.
City of San Jose (ATTACHMENT B):
14.16.2205 - Liability for injuries to public:
The property owner required by Section 14.16.2200 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by Section
14.16.2200, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
II. REPAIR POLICIES:
1) STANDARDS OR REQUIREMENTS THAT TRIGGER SIDEWALK REPAIR:
The existing ordinance (Chapter 12.16) requires sidewalk repairs to be completed anytime that a structural alteration, addition, or repair is made that: a) Exceeds 25% of the value of the structure being constructed, altered, or repaired; or b) Costs $10,000.00 or more; or c) Result in the addition to, modification or repair to 300 square feet of building area (whichever of the above definitions is less). Due to the cost restrictions of definitions “a” and “b” above and the size restrictions of “c” above, it is difficult for the Department to enforce sidewalk repairs based on the current requirements. Other jurisdictions require sidewalk repair based on other standards, such as the current condition of the sidewalk, building permit fees, type of building permit (commercial vs. residential), or the sale of the property to a new property owner.
City of San Jose (ATTACHMENT B):
14.16.2200(c) – Maintenance and Repair of Sidewalk:
For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs allowed pursuant to Section 23.04.340 and Section 23.04.830, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 6
remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
City of Lakeport (ATTACHMENT C):
12.04.050(A) – Implementing Provisions:
Value of Improvements. The value of phased property improvements shall be cumulative.
In any five-consecutive-year period, when the prior total value of phased improvements added to the improvement value of the pending building permit exceeds the implementing value, full right-of-way improvements shall be required to be constructed. The obligation to install right-of-way improvements shall run with the parcel. Within a five-consecutive-year period prior to the application for a building permit, all successive property owners shall be obligated by the improvement value established by previous owners. 2) FINANCIAL RESPONSIBILITY FOR DIFFERENT TYPES OF SIDEWALK REPAIR COSTS.
The existing ordinance (Chapter 12.16) does not specify in detail who (city or property owner) owns the financial responsibility for all sidewalk repairs, (Chapter 12.04.220 – Street Excavations, Liability) specifies that “The permittee shall be responsible for all claims and liabilities arising out of the work performed under the permit…”. Other jurisdictions determine who should take financial responsibility in different ways, such as: requirement for all property owners, requirement for all commercial businesses, city-tree damage to sidewalks paid for by the City, cost-sharing programs (city and property owner), repair hardship programs (city and qualifying property owner), city payment plans (for property owners to repay the City).
City of San Jose (ATTACHMENT B):
14.16.2200(b) – Maintenance and Repair of Sidewalk:
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of San José's costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. 3) REPAIR-WORK STANDARDS AND REQUIREMENTS.
The existing ordinance (Chapter 12.16.050- Work Standards) does not specify in detail who (California Licensed Contractor or property owner) is eligible to complete all required sidewalk repairs. The requirement for work to be completed by a licensed contractor should be described in detail within the Sidewalk Ordinance, including any contractors hired by the City to complete sidewalk repairs on behalf of the City. Other jurisdictions determine how and when licensed contract work is required, such as: City staff identifies small repairs and completes them, the City requests multiple bids from licensed contractors, the property owner submits multiple licensed contractor bids to the City for review and approval.
City of San Jose (ATTACHMENT B):
14.16.2200(b) – Maintenance and Repair of Sidewalk:
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 7
expenses therefor, including a charge for the City of San José's costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
III. ADDITIONAL POLICIES:
1) ESTABLISHING A ‘SIDEWALK REPAIR HARDSHIP PROGRAM’.
The existing ordinance (Chapter 12.16) does not include a method for qualifying low-income property owners to receive financial assistance from the City to complete sidewalk repairs. Some jurisdictions create funds dedicated to completing sidewalk repairs for qualifying low-income property owners who are responsible for the repairs. For example, the City of Oakland uses “Qualified Means-Tested Programs” to determine applicant eligibility, such as, but not limited to:
“Women, Infants, and Children (WIC)”, “Low Income Home Energy Assistance Program (LIHEAP)”, and “Supplemental Security Income (SSI)”, see Attachment G.
The City of Redwood City has established a 50/50 Cost Sharing Sidewalk Repair Program for residential or non-profit property owners adjacent to sidewalks requiring repairs. Commercial properties and private driveways are not eligible for the Cost Sharing Program. Property owners contact the Public Works Department and city staff completes an inspection to determine whether it meets the City’s permanent repair criteria. Costs vary depending on the condition of the sidewalk but are split evenly (50/50) between the property owner and city. The City may perform a one-time temporary repair to make the sidewalk safe; if repair criteria are met, City staff will provide a cost estimate for permanent repair and the City’s contractor will perform the permanent repair at a later date. See Attachment I.
Based on staff and the City Engineer's calculations, the cost of replacement for existing concrete sidewalk is approximately $30.00 per square foot. The square footage and total cost of replacement for all city sidewalks currently requiring repair has not been calculated yet. Annual “Sidewalk Audits” completed by outside contractor(s) may be used to determine the priority areas within the city that may require repair. Other programs for cost-sharing can include 0% interest loans provided by the City as a “Repayment Plan” for property owners. 2) ESTABLISHING ONE (1) OR MULTIPLE ‘POINT OF SALE ORDINANCES’.
The existing ordinance (Chapter 12.16) does not require sidewalk repairs to be determined at the point of sale for adjacent properties. As an example, the City of Oakland requires prior to completion of title transfer, that property owners must complete an inspection, and any necessary repairs and upgrades, to bring abutting sidewalks into compliance, this also applies to property owners renovating with a project value greater than $100,000.00. Exceptions to this rule include transfers during the administration of a decedent’s estate, transfers between co-owners, transfers to trusts, transfers to a spouse or domestic partner, or transfers because of a foreclosures or similar process (See ATTACHMENTS E, G, H).
3) PUBLIC ART ON SIDEWALK OR PUBLIC RIGHT-OF-WAY AREAS.
The existing ordinance (Chapter 12.16) does not specify the requirements and steps for art installation in public rights-of-way or the maintenance requirements for the installed art. Other jurisdictions have created Ordinances to specify the requirements, such as Encroachment Permits, Maintenance Plans by sponsoring organizations, and the public design process for community engagement between artists and community members (See ATTACHMENT J).
STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 8
SUMMARY OF STAFF RECOMMENDATIONS FOR ORDINANCE
DETAILS AND POLICIES:
The current State Streets and Highways Code Sections 5610-5618 provide guidance on the standard conditions required for sidewalk repairs and maintenance, including the liability and responsibility for adjacent property owners to maintain sidewalks. Staff recommends that the current Sidewalk Ordinance be amended to align with state regulations more effectively.
Staff have reviewed the sidewalk repair policies in other jurisdictions’ ordinances to determine a framework for amending the City’s existing sidewalk repair policies (Chapter 12.16). The Ordinance language from the Cities of San Jose and Grass Valley (ATTACHMENT B) was recommended and provided to city staff, within the Services and Facilities Department, during a Risk Management workshop. The Ordinance language from the City of San Jose has been tested through various court proceedings and can be considered for use as a template for sidewalk repair standards in California. The research completed (ATTACHMENT D) comparing other policies focused on: designating who (property owner or city) completes different types of sidewalk repairs, determinations and requirements for sidewalk repairs, and which department and staff member(s) make sidewalk repair determinations/inspections. These comparisons and staff’s suggestions for crafting an updated Sidewalk Ordinance are included below.
This report also includes recommendations to review the potential for five (5) additional Ordinances in the future, in addition to the proposed Sidewalk Order amendments: 1) City Street Tree Ordinance, 2) Point of Sale Ordinance – for Sidewalk Repairs, 3) Point of Sale Ordinance – for building violation review and/or inspection, 4) Art installations in public rights-of-way and Sidewalk areas, and 5) Cost-sharing, separate fund for sidewalk repairs, and/or Repair Hardship Program for qualifying and/or low-income residential property owners. The additional ordinances are not required to complete amendments to the existing Sidewalk Ordinance (Chapter 12.16), however, some of the policies and details of a Sidewalk Ordinance Amendment may be more comprehensively addressed as separate ordinances.
This report does not detail areas or locations within the City of Willits that have been identified as priority locations for sidewalk repairs. City staff have discussed the potential for annual sidewalk audits to be completed by an independent contractor, hired by the City, in order to identify and prioritize sidewalk areas that require major repairs, or locations where sidewalks are missing or dilapidated. If sections of sidewalk areas within the City are identified for repairs or replacement, those locations may be better prioritized by staff to direct property owners to potential, future costsharing or other types of financing programs. Based on staff and the City Engineer's calculations, the cost of replacement for existing concrete sidewalk is approximately $30.00 per square foot.
The square footage and total cost of replacement for all city sidewalks currently requiring repair has not been calculated yet. Staff recommends that City Council review the potential for a higher cost of Building Permit renovations ($100,000.00 or more) to trigger the sidewalk inspection and/or repair requirements, in addition to requiring a sidewalk inspection at the time of sale (Point of Sale Ordinance).
STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 9
I. ORDINANCE DETAILS:
1) NOTICING AND REPAIR-WORK TIMEFRAMES AND DEADLINES.
Staff recommends that the timeframe between receiving a Notice to complete required sidewalk maintenance and the commencement of sidewalk repair work should be ninety (90) days. Staff recommends that the individual responsible for providing Notices to property owners should be the City Engineer/their designee within the City Services and Facilities Department. For example, see San Jose Municipal Code Section 14.16.2200(C) in ATTACHMENT B.
2) ENFORCEMENT, INSPECTION, AND PROPERTY LIEN REQUIREMENTS.
Staff recommends that all sidewalk inspections should be completed by the City Engineer/their designee within the City Services and Facilities Department. All final determinations regarding sidewalk repair requirements should be made by the City Engineer/their designee. All enforcement action and duties required beyond the regular Noticing process should be completed by the Code Compliance Officer. For example, see San Jose Municipal Code Section 14.16.2200(B) in ATTACHMENT B. 3) CITY STREET TREE MAINTENANCE PROCEDURES AND SIDEWALK REPAIR REQUIREMENTS ASSOCIATED WITH PRIVATE TREES WITHIN THE PUBLIC RIGHTOF-WAY.
City street tree maintenance procedures should be formalized in a Tree Ordinance as recommended by the adopted Urban Forest Management Plan (UFMP). Until a formal Tree Ordinance is adopted, the City Engineer/their designee should be able to make the final determination regarding the ownership status of trees located in or near the public right of way. The City Engineer may require a survey to be completed to determine the location of property lines and trees potentially located within the public right of way. The prescription of required tree maintenance should be completed by an arborist, licensed in the state of California, and the arborist’s role should be described in any future Tree Ordinances as the responsible staff member for making determinations for tree maintenance.
4) LIABILITY FOR SIDEWALK REPAIRS.
Staff recommends, consistent with California Streets and Highways Code Section 5610, that sidewalk repairs should be the responsibility of the property owner to identify and complete. City Council may wish to review other jurisdictions’ policies regarding costsharing, repair hardship programs, city completion of minor sidewalk repairs or payment for city street tree damage (See ATTACHMENTS B and F).
II. REPAIR POLICIES:
1) STANDARDS OR REQUIREMENTS THAT TRIGGER SIDEWALK REPAIR.
Staff recommends that the physical condition of the sidewalk should be the standard or trigger requiring sidewalk repair within the Sidewalk Ordinance, as stipulated in California Streets and Highways Code Sections 5610-5618. The condition of the sidewalk will require the property owner to initiate the repair procedures by procuring a contractor’s estimate and scope of work. Staff recommends that City Council should additionally review the potential for a ‘Point of Sale Ordinance’ and/or building permit fees for renovations exceeding a specified amount (such as $100,000.00) to trigger sidewalk inspection. Staff recommends that a building permit associated with $100,000.00 or more of renovation work should be considered a threshold for triggering a sidewalk inspection, STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 10
less than that amount may create a regulatory burden for property owners that is similar to the current regulations.
2) FINANCIAL RESPONSIBILITY FOR DIFFERENT TYPES OF SIDEWALK REPAIR COSTS.
Staff recommends that the City should pay all costs or fees associated with sidewalk damage incurred by City Street trees. The Willits Municipal Code does not currently define “City Street Trees”, however, any future definition would likely include trees planted by the city and located/maintained within the City’s right-of-way. Staff recommends that a future Tree Ordinance should define the requirements for citywide tree maintenance and the processing requirements for identifying city street tree damage to sidewalks. The prescription of required tree maintenance should be completed by an arborist, licensed in the state of California, and the arborist’s role should be described in any future Tree Ordinances as the responsible staff member for making determinations for tree maintenance. The City may consider including city street tree damage as an eligible expense for any future funds set aside for sidewalk maintenance and repair. 3) REPAIR-WORK STANDARDS AND REQUIREMENTS.
Staff recommends that all property owners should be required to hire a California licensed contractor to complete any sidewalk repairs or maintenance. The property owner should provide the contractor’s estimate and scope of work to the City Engineer for review.
Contractors completing work in the Public Right of Way should be required to receive an Encroachment Permit from the Services and Facilities Department. Staff recommends that an annual sidewalk assessment be completed by a contractor to determine the areas of citywide concern or priorities for future sidewalk repair.
III. ADDITIONAL POLICIES:
1) ESTABLISHING A ‘SIDEWALK REPAIR HARDSHIP PROGRAM’.
Staff recommends that a Hardship Program be created to support qualifying community members who own residential property requiring sidewalk maintenance or repair. The Hardship Program would qualify eligible community members by their level of income and the type/scale of the required sidewalk repairs. Staff recommends that the Willits City Council review potential policy language for creating a program and funding dedicated towards assisting qualifying low-income property owners, who are responsible for completing sidewalk repairs. As an example, the City of Oakland has an online application (Attachment G) for qualifying low-income landowners, those 2) ESTABLISHING A ‘POINT OF SALE ORDINANCE’.
Staff recommends that City Council review the potential for a or multiple ‘Point of Sale Ordinance(s)’, which would require sidewalk conditions to be reviewed at the time of property sale, or where the cost of work (Building Permit) exceeds a specified dollar amount, such as $100,000.00, to determine whether repairs or maintenance are required.
The City of Oakland has instituted a Point of Sale Ordinance associated with requiring sidewalk repairs (ATTACHMENT E).
Staff recommends that City Council review the potential for another type of ‘Point of Sale Ordinance’, such as the Resale Program established in the City of Davis in 1976 to maintain the quality of housing stock and to ensure that residential units meet minimum building codes and health, fire, and life-safety regulations. The Resale Program in Davis requires residential property owners (1, 2, or 3 units) to submit a “Resale Application” to the Building Division to schedule an inspection no later than fifteen (15) working days prior STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 11
to the close of escrow transfer of title or change in ownership. City of Willits staff recommend that a property file review be completed in lieu of an in-house inspection in order to determine whether building or other code violations are present on the property.
The buyer should be required to submit a signed copy of the Report/City letter to the Building Division office. Some jurisdictions review rental properties specifically, rather than prioritizing all single-family residences. By prioritizing rental properties, code violations are tracked and enforced more efficiently for those properties. (ATTACHMENT E).
3) PUBLIC ART ON SIDEWALK OR PUBLIC RIGHT-OF-WAY AREAS.
Staff recommends that City Council review the potential for an ‘Art in Public Right-of-way’ policy that will provide requirements and guidelines for any public art installations located within the public right-of-way. Types of art installations may include but not be limited to:
sidewalk painting, crosswalk painting, sculpture installation, and the painting/beautification of city or private infrastructure in or adjacent to the public right-of-way (See ATTACHMENT J).
ENVIRONMENTAL REVIEW
This is an information item for discussion only and is not subject to the California Environmental Quality Act (CEQA). When the details of the Sidewalk Ordinance are presented and proposed, it is anticipated that the Sidewalk Ordinance amendments will be exempt from environmental analysis in accordance with the Section 15183 of the California Environmental Quality Act (CEQA), to evaluate potential environmental impacts associated with the proposed Ordinance amendments.
FINAL RECOMMENDATION
No Action. Review the Staff Report, potential ordinance components and requirements, Council members may provide comments regarding the proposed ordinance Sections as part of the early stages of the ordinance evaluation process.
STAFF REPORT : PROSPECTIVE SIDEWALK ORDINANCE AMENDMENTS PAGE 12
LIST OF ATTACHMENTS:
A. City of Willits Municipal Code: Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair
B. Cities of San Jose and Grass Valley: Sections 12.08.050, 14.16.2200, and 14.16.2205 of the Municipal Code for Sidewalk Repair.
C. City of Lakeport Municipal Code: Chapter 12.04.050(A) – Implementing Provisions:
D. Research: Jurisdiction Sidewalk Ordinance Comparison Table E. City of Oakland: Ordinance amending municipal code to include sidewalk repairs at the time of property transfer.
F. California Streets and Highways Code: Article 2. Repairs [5610-5618] G. City of Oakland Low-Income Property Owner Sidewalk Repair Application H. City of Oakland Frequently Asked Questions about Sidewalk Certification for Property Sellers, Buyers, and Renovators
I. City of Redwood City Sidewalk Repair Program (website overview) J. City of San Francisco Public Art (website overview)
Prepared by : Leiloni Shine, Contract Planner ; 707-459-7155 ; [email protected] Reviewed by : Dusty Duley, Community Development Director Item No. 9c
Meeting Date: November 8, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director
Agenda Title: PRESENTATION AND ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING JUNE 30, 2021.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes Summary of Request: The firm of Moss, Levy & Hartzheim LLP, issued an unqualified opinion on the City of Willits Financial Statements for the fiscal year ending June 30, 2021.
The report includes the auditors’ opinion letter, the Management discussion and analysis, the Financial Statements, Notes to the Financial Statements, budget to actual comparisons for the General, Sales Tax and Enterprise Funds, and the auditors’ report on internal control. The ending fund balance in the General Fund increased by $349,659 from $2,809,354 to $3,159,013.
The Sales Tax Transportation Improvement Fund ended the year with $3,009,145 in fund balance an increase of $635,157 due to an increased expense in Capital Outlay. The Sewer Enterprise Net Position decreased by $488,904 while the Net Position in the Water Enterprise increased $229,941 as indicated on Pages 24 and 25 of Financial Statements.
Please read the Management Discussion and Analysis (Pages 3-15) for an overview of the Financial Statements. The Notes to the Financial Statements (Pages 29-55) are an integral part of understanding the statements.
GASB68 requires the Financial Statements include the unfunded liability for pension accounts.
Recommended Action: Receive and accept the Report.
Alternative(s): None.
Fiscal Impact: Information purposes only.
Personnel Impact: None.
2021 Adopted Goals: This action satisfies Goal #1 for the Administration Department…Develop and implement a long-range Fiscal Sustainability Plan for City finances in order to promote the City’s economic health by balancing revenues and expenditures to solve systemic problems.
California Environmental Quality Act: The adoption of this ordinance does not trigger CEQA.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2023-__ Page 1 of 1 November ___, 2023
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO ACCEPT THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 2021.
WHEREAS, the City of Willits retained the services of Moss, Levy & Hartzheim LLP to review and test processes and audit the financial statements of the governmental activities and business-type activities of each major fund, and the aggregate remaining funds and information of the City of Willits for the Fiscal Year ending June 30, 2021; and WHEREAS, the auditor has the responsibility to express opinions on the financial statements where Moss, Levy & Hartzheim LLP conducted the audit in accordance with Government Auditing Standards, issued by the Comptroller General of the United States; and WHEREAS, the auditor offered an unqualified opinion and stated that the financial statements are presented fairly and in all material respects regarding the financial position of the governmental activities and business-type activities for each major fund, and the aggregate remaining funds.
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby accept the City of Willits Annual Financial Report for the fiscal year ending June 30, 2021.
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
CITY OF WILLITS
Annual Financial Report
Fiscal Year Ended June 30, 2021
EXHIBIT "A"
I. FINANCIAL SECTION
CITY OF WILLITS
ANNUAL FINANCIAL REPORT
Fiscal Year Ended June 30, 2021
TABLE OF CONTENTS
A. Independent Auditor's Report ................................................................................................ 1 B. Management's Discussion and Analysis ................................................................................ 3 C. Basic Financial Statements:
Government-wide Financial Statements:
Statement of Net Position ............................................................................................ 17 Statement of Activities ................................................................................................ 18 Fund Financial Statements:
Governmental Funds:
Balance Sheet ........................................................................................................ 20 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ......................................................................... 21 Statement of Revenues, Expenditures, and Changes in Fund Balances ................ 22 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ........................................................................................................ 23 Proprietmy Funds:
Statement of Net Position ...................................................................................... 24 Statement of Revenues, Expenses, and Changes in Net Position .......................... 25 Statement of Cash Flows ...................................................................................... 26 Fiducimy Funds:
Statement of Fiduciary Net Position ..................................................................... 27 Statement of Changes in Fiduciary Net Position ................................................... 28 Notes to Basic Financial Statements ................................................................................. 29 D. Required Supplementary Information:
General Fund - Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual. ...................................................................... 57 Sales Tax Special Revenue Fund - Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual ............................................. 58 Gas Tax Special Revenue Fund - Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual ............................................. 59 Schedule of the City's Proportionate Share of the Net Pension Liability ......................... 60 Schedule of Pension Contributions ................................................................................... 61
CITY OF WILLITS
ANNUAL FINANCIAL REPORT
Fiscal Year Ended June 30, 2021
TABLE OF CONTENTS
II. FINANCIAL SECTION (Continued)
E. Other Supplemental Infonnation
Capital Outlay Capital Projects Fund- Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual .................................................... 62 Nonmajor Governmental Funds
Description ofNonmajor Governmental Funds ........................................................... 63 Combining Balance Sheet. ........................................................................................... 64 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ....................................................................................................... 66 Schedules of Revenues, Expenditures, and Changes in Fund BalancesBudget and Actual:
Haehl Creek Special Revenue Fund ...................................................................... 68 LEAA Program Special Revenue Fund ................................................................ 69 Narcotic Forfeiture Special Revenue Fund ........................................................... 70 HSG Rehab Special Revenue Fund ....................................................................... 71 H&S Restitution Special Revenue Fund ............................................................... 72 Business Loan Special Revenue Fund .................................................................. 73 Traffic Safety Special Revenue Fund .................................................................... 74 HSG Rehab Revolving Special Revenue Fund ..................................................... 75 Lateral Repair Loan Special Revenue Fund .......................................................... 76 Nonmajor Proprietary Funds
Description ofNonmajor Proprietary Funds ............................................................... 77 Combining Statement of Net Position ......................................................................... 78 Combining Statement of Revenues, Expenses, and Changes in Net Position ............. 79 Combining Statement of Cash Flows .......................................................................... 80
MOSS, LEVY & HARTZHEIM LLP
PARTNERS
CRAIG A HARTZHEIM, CPA
HADLEY Y HUI, CPA
ALEXANDER C HOM, CPA
ADAM V GUISE, CPA
TRAVIS J HOLE, CPA
WILSON LAM, CPA
CERTIFIED PUBLIC ACCOUNTANTS
COMMERCIAL ACCOUNTING & TAX SERVICES
8383 WILSHIRE BLVD., SUITE BOO
BEVERLY HILLS, CA 90210
TEL: 310.670.2745
FAX: 310.670.1689
www.mlhcpas.com
INDEPENDENT AUDITOR'S REPORT
The Members of the City Council of the
City of Willits
Willits, California
Report on the Financial Statements
GOVERNMENTAL AUDIT SERVICES
5800 E. HANNUM, SUITE E
CULVER CITY, CA 90230
TEL: 310.670.2745
FAX: 310.670.1689
www.mlhcpas.com
We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Willits, California (City) as of and for the fiscal year ended June 30, 2021, which collectively comprise the City's basic financial statements as listed in the table of contents.
Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion.
An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Willits, California, as of June 30, 2021, and the respective changes in financial position and, where applicable, cash flows thereof, for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America.
OFFICES: BEVERLY HILLS· CULVER CITY· SANTA MARIA
MEMBER AMERICAN INSTITUTE OF C.P.A.'S • CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS· CALIFORNIA ASSOCIATION OF SCHOOL
BUSINESS OFFICIALS
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 3 through 16, the Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual - General Fund, the Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual - Sales Tax Special Revenue Fund, the Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual - Gas Tax Special Revenue Fund, the Schedule of Changes in the Net Pension Liability, and the Schedule of Pension Contributions on pages 57 through 61 be presented to supplement the financial statements. Such information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the financial statements, and other knowledge we obtained during our audit of the financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Other Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Willits' basic financial statements. The Combining Financial Statements for the Nonmajor Governmental Funds, Schedules of Revenues, Expenditures, and nonmajor funds Changes in Fund Balances - Budget and Actual, and the Nonmajor Proprietary Funds listed in the table of contents are presented for purposes of additional analysis and are not required parts of the financial statements.
The Combining Financial Statements for the Nonmajor Governmental Funds, the Nonmajor Governmental Funds Schedules of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual, and Nonmajor Proprietary Funds are the responsibility of management and were derived f rom and relate directly to the underlying
accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole.
Other Reporting Required bv Govemment Auditing Standards In accordance with Govemment Auditing Standards, we have also issued our report dated October 17, 2023, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that repoti is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance.
HA, ,("°?' \I
Moss, Levy & Hartzheim, LLP
Culver City, California
October 17, 2023
2 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
This discussion and analysis provide an overview of the City of Willits' financial performance for the fiscal year ended June 30, 2021. This report has been prepared in accordance with Accounting Principles Generally Accepted in the United States of America (GAAP) as established by the Governmental Accounting Standard Board (GASB). We encourage our readers to consider this information in conjunction with the information provided in the accompanying basic financial statements and notes.
FINANCIAL HIGHLIGHTS
Financial highlights of fiscal year ended June 30, 2021, include the following:
Government-wide:
• The City's total net position was $31,212,836 as of June 30, 2021. This was an increase of $1,725,418 or 5.9% from the prior fiscal year. Of this total, $3,964,736 was governmental net position and $27,248,100 was business-type net position. • Government-wide primary government revenues were $8,154,884 and were $1,288,949 or
17. 7% more than the prior fiscal year. They include program revenues of $3,651,905 and general revenues and transfers of $4,425,687.
• Government-wide primary government expenses were $7,138,279 and were $941,260 or 15 .2% more than the prior fiscal year.
• Business-type revenues were $7,974,768 including transfers and were $1,010,613 or
14.5% more than the prior fiscal year. They include program revenues of $7,854,692 and general revenues and transfers of $120,076.
• Business-type expenses were $7,176,208 and were $523,242 or 7.9% more than the prior fiscal year.
Fund Level:
• Governmental fund balances increased $939,313 in fiscal year 2021. • Governmental fund revenues increased $462,789 or 11.2% in fiscal year 2021. • Governmental fund expenditures increased $941,260 or 15 .2% in fiscal year 2021. • General Fund revenues of$5,945,874 represented a $615,917 increase over the prior fiscal year.
• General Fund expenditures of $5,518,923 represented a increase of $620,431 over the prior fiscal year.
• General Fund balance of $3,159,013 as of June 30, 2021, increased by $349,659 or 12.4% from 2020 fiscal year's fund balance of $2,809,354.
OVERVIEW OF THE FINANCIAL REPORT
The financial section of this report consists of five parts. • Independent Auditor's Report
• Management Discussion and Analysis (Unaudited)
• Basic Financial Statements, which include: Government-Wide Financial Statements, Fund Financial Statements and Notes to Basic Financial Statements • Required Supplementary Information (Unaudited)
• Supplementary Information, which includes Combining Fund Statements The Statement of Net Position and Statement of Revenues, Expenses, and Changes in Net Position provide information about the activities of the City, presenting an aggregate view of the City's finances. The basic financial statements also include notes explaining pertinent information in the 3 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
financial statements and provide more detailed data.
The Basic Financial Statements for the District are presented as "Government-Wide" and Proprietary or Enterprise Fund financial statements.
Government-wide Financial Statements
The Government-wide financial statements provide a longer-term view of the City's activities as a whole and comprise the Statement of Net Position and the Statement of Activities. The Statement of Net Position provides information about the financial position of the City as a whole, including all of its capital assets and long-term liabilities on the full accrual basis, similar to that used by corporations.
The Statement of Activities provides information about all the City's revenues and all of its expenses, also on the full accrual basis, with the emphasis on measuring net revenues or expenses of each of the City's programs. The Statement of Activities explains in detail the change in net positions for the fiscal year.
All of the City's activities are grouped into governmental activities and business-type activities, as explained below. The amounts in the Statement of Net Position and the Statement of Activities are separated into governmental activities and business-type activities in order to provide a summary of these two activities for the City as a whole.
Government-wide financial statements are prepared on the accrual basis, which mean they measure the flow of all economic resources of the City as a whole.
The Statement of Net Position and the Statement of Activities present information about the following:
Governmental Activities - All of the City's basic services are considered to be governmental activities. These services are suppo1ied by the general City revenues such as taxes, and by specific program revenues such as user fees and charges.
Business-type Activities - The City's enterprise activities consist of water, wastewater, solid waste and airport are reported in this area. Unlike governmental services, these services are supported by charges paid by users based on the amount of service they use.
Fund Financial Statements
The fund financial statements report on the City's operations in more detail than the Government-wide statements and focus primarily on the short-term activities of the City's General Fund and other governmental funds. The fund financial statements measure only current revenues and expenditures and fund balances; they exclude capital assets, long-term debt, and other long-term amounts.
The fund financial statements provide detailed information about each of the City's most significant funds, called major funds. Major funds account for the major financial activities of the City and are presented individually, while the activities of non-major funds are presented in summary, with subordinate schedules presenting the detail for each of these other funds. The concept of major funds, and the determination of which funds are major, was established by the Governmental Accounting Standards Board (GASB) Statement No. 34 and replaces the concept of combining like funds and presenting them in total. Instead, each major fund is presented individually, with all non-major funds summarized and presented only in a single column. 4 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Subordinate schedules present detail of these non-major funds. Major funds present the major activities of the City for the fiscal year and may change from year to year as a result of changes in the pattern of the City's activities.
The fund statements report four major governmental funds: the General Fund, Sales Tax Special Revenue Fund, Capital Projects and Gas Tax Special Revenue Fund.
The major business-type or enterprise funds are Water and Wastewater (Sewer) and two non-major enterprise funds.
Fund financial statements include governmental and proprietary funds as discussed below.
Governmental fund financial statements are prepared on the modified accrual basis, which means they measure only current financial resources and uses. Capital assets and other long-lived assets, along with long-term liabilities, are not presented in the governmental fund financial statements.
Proprietary fund financial statements are prepared on the full accrual basis and include all assets and liabilities, current and long-term.
FINANCIAL ACTIVITIES OF THE CITY AS A WHOLE
This analysis focuses on the net positions of the City as a whole. Table 1 below is a summary of the Statement of Net Position for the City as a whole combining the governmental and businesstype activities.
Table 1
City of Willits
Summary of Net Position - Total City
Governmental and Business-type Activities
June30,2021and2020
(Full Accrual)
2021 2020 Dollar Percent
Change Change
Assets
Cash and investments $ 14,647,095 $ 12,658,605 $ 1,988,490 16% Other assets 2,145,130 2,164,859 (19,729) -1%
Capital assets, net 46,168,075 45,312,486 855,589 2%
Total Assets $ 62,960,300 $ 60,135,950 $ 2,824,350 5%
Deferred Outflows of Resources
Pension related $ 2,113,912 $ 2,237,419 $ (123,507) -6% Total Deferred Outflows $ 2,113,912 $ 2,237,419 $ (123,507) -6% Liabilities
Long term liabilities $ 32,938,125 $ 31,010,194 $ 1,927,931 6% Other liabilities 658,559 1,286,937 (628,378) -49%
Total Liabilities $ 33,596,684 $ 32,297,131 $ 1,299,553 4% Deferred Inflows of Resources
Pension related $ 264,692 $ 588,820 $ (324,128) -55%
Total Deferred Inflows $ 264,692 $ 588,820 $ (324,128) -55% Net Position
Net investment in capital assets $ 24,910,420 $ 24,348,168 $ 562,252 2% Restricted 3,926,375 3,251,233 675,142 21%
Unrestricted 2,376,041 1,888,017 488,024 26%
Total Net Position $ 31,212,836 $ 29,487,418 $ 1,725,418 6% 5 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
GOVERNMENTAL ACTIVITIES
Tables 2 and 3 below focus on the City's Governmental Statement of Net Position and Statements of Activities.
Table 2
City of Willits
Summary of Net Position
June 30, 2021 and 2020
(Full Accrual)
Governmental Activities Dollar Percent
2021 2020
Assets
Cash and investments $ 5,483,431 $ 5,062,078 $ 421,353 8% Other assets 2,071,645 1,450,170 621,475 43%
Capital assets, net 3,407,802 2,986,537 421,265 14%
Total Assets 10,962,878 9,498,785 1,464,093 15%
Deferred Outflows of Resources
Pension related 1,653,574 1,750,186 (96,612) -6%
Total Deferred Outflows 1,653,574 1,750,186 (96,612) -6% Liabilities
Long term liabilities 8,191,486 7,471,094 720,392 10%
Other liabilities 253,179 291,859 (38,680) -13%
Total Liabilities 8,444,665 7,762,953 681,712 9%
Deferred Inflows of Resources
Pension related 207,051 460,595 (253,544) -55%
Total Deferred Inflows 207,051 460,595 (253,544) -55%
Net Position
Net investment in capital assets 3,407,802 2,986,537 421,265 14% Restricted 3,926,375 3,251,233 675,142 21%
Unrestricted (3,369,441) (3,212,347) (157,094) 5%
Total Net Position $ 3,964,736 $ 3,025,423 $ 939,313 31% The City's governmental net position amounted to $3,964,736 as of June 30, 2021, an increase of$939,313 or 31.47% over 2020. The City's net position as of June 30, 2021, comprised the following:
• Cash and investments comprised $5,483,431. Substantially all of these amounts were held in short term investments in government securities, as detailed in Note 3 to the financial statements. • Other assets comprised $1,444,414 in accounts receivable, $220,984 of notes receivable, $384,799 due from other funds, $86 of interest receivable and $21,362 of inventory totaling $2,071,645. • Capital assets of $3,407,802, net of accumulated depreciation, which included all the City's capital assets used in governmental activities.
• Current liabilities, including accounts payable, claims and other amounts due currently, total $253,179.
• Long-term liabilities of $8,191,486. The liability is primarily related to the City's Net Pension Liabilities. Additional detail is shown in Table 8.
• Net investment in capital assets of $3,407,802, representing the City's investment in capital assets used in governmental activities, net of accumulated depreciation and amounts borrowed to finance those capital assets.
6 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
• Unrestricted net position, the part of net positions that can be used to finance day to day operations without constraints net of debt covenants or other legal requirements or restrictions, was ($3,369,441) as of June 30, 2021.
The Statement of Activities presents program revenues, expenses, and general revenues. Program revenues are charges for services and grants/contributions that are generally restricted to funding all or a portion of expenses for specific services. Table 3 below summarizes the governmental revenues by program, general and transfers, and expenses.
Table 3
City of Willits
Summary of Changes in Net Postion
For Fiscal Years ending June 30, 2021 and 2020
(Full Accrual)
Governmental Activities Dollar Percent
2021 2020 Change Change
Ex enses
General Government $ 2,549,706 $ 1,981,449 $ 568,257 29% Public Safety 2,895,666 2,735,869 159,797 6%
Community Development 11,722 17,815 (6,093) -34%
Public Works 1,011,364 752,316 259,048 34%
Parks and Recreation 211,294 193,705 17,589 9%
Planning 418,181 337,902 80,279 24%
Community Services 40,346 177,963 (137,617) -77%
Total Expenses 7,138,279 6,197,019 941,260 15%
Revenues
Program revenues
Charges for services 809,501 896,840 (87,339) -10%
Operating grants and contributions 1,334,691 1,992,917 (658,226) -33% Capital grants and contributions 1,507,713 299,359 1,208,354 404% Total program revenues 3,651,905 3,189,116 462,789 15%
General revenues and transfers
Taxes 3,894,829 3,337,031 557,798 17%
Use of money and property 161,308 101,296 60,012 59%
Other revenue 446,842 238,492 208,350 87%
Transfers (77,292) (93,438) 16,146 -17%
Total general revenues and transfers 4,425,687 3,583,381 842,306 24% Total Revenues and Transfers 8,077,592 6,772,497 1,305,095 19% Change in Net Position 939,313 575,478 363,835 63%
Net Position• Beginning of Fiscal Year 3,025,423 2,449,945 575,478 23% Prior Period Adjustments
Net Position• Beginning of Fiscal Year, Restated 3,025,423 2,449,945 575,478 23% Net Position - End of Fiscal Year $ 3,964,736 $ 3,025,423 $ 939,313 31% As Table 3 shows, $3,651,905, 45%, of the City's fiscal year 2021 governmental revenue, came from program revenues and $4,425,687, or 56%, came from general revenues such as taxes and interest and transfers. Program revenues were composed of charges for services of $809,501, which included permit revenues, fees and charges used to fund expenses incurred in providing services; $1,334,691 of operating grants and contributions, which included gas tax revenues and housing and police grants; and $1,507,713 of capital grants and contributions, which relates to grants allocated for capital improvements. General revenues are not allocable to programs. General revenues are used to pay for the net cost of governmental programs.
7 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Governmental Revenues
Governmental revenues are primarily from taxes, $3,894,829, or 48%, with the remaining balance coming from capital grants and contributions, $1,507,713, or 19%, operating grants and contributions, $1,334,691, or 16%, charges for services, $809,501, or 10%, and $446,842, or 5% coming from other revenue, use of money and property, $161,308, or 2%. The chart below shows the relationship of the revenues.
Governmental Activities Sources of Revenue
For Fiscal Year Ended June 30, 2021
Taxes, 3,894,829,
48%
Governmental Expenses
Capital grants and_/
contributions,
1,507,713, 19%
Use of money and
property, 161,308, 2%
Charges for services,
809,501, 10%
Operating grants
and contributions,
1,334,691, 16%
Governmental expenses include only current fiscal year expenses; it does not include capital outlays, which are added to the City's capital assets. As the chart below shows, public safety, public works, and general government make up 89% of the total governmental expenses.
Governmental Activities Expenses
For Fiscal Year Ended June 30, 2021
Community
Services, $40,346
Planning, $418,181
Parks and Recreation
$211,294
Community
Development,
$11,722
Transfers, 93,438
8 General
Government,
$2,549,706
Public Safety,
$2,895,666
CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
BUSINESS-TYPE ACTIVITIES
The Statement of Net Position and Statement of Activities present a summary of the City's Business-type activities that are composed of the City's enterprise funds. In Table 4 below, the net position of business-type activities increased by $786,105, or 2.9%, in fiscal year 2021.
Table 4
City of Willits
Summary of Net Position
June 30, 2021 and 2020
Business-Type Activities Dollar Percent (Proprietary/Enterprise) Change Change 2021 2020
Assets
Cash and investments $ 9,163,664 $ 7,876,527 $ 1,287,137 16% Other assets 73,485 755,900 (682,415) -90%
Capital assets, net 42,760,273 42,325,949 434,324 1%
Total Assets 51,997,422 50,958,376 1,039,046 2%
Deferred Outflows of Resources
Pension related 460,338 487,233 (26,895) -6%
Total Deferred Outflows 460,338 487,233 (26,895) -6%
Liabilities
Long term liabilities 24,746,639 23,539,100 1,207,539 5% Other liabilities 405,380 1,316,289 (910,909) -69%
Total Liabilities 25,152,019 24,855,389 296,630 1%
Deferred Inflows of Resources
Pension related 57,641 128,225 (70,584) -55%
Total Deferred Inflows 57,641 128,225 (70,584) -55%
Net Position
Net investment in capital assets 21,502,618 21,361,631 140,987 1% Restricted 100%
Unrestricted 5,745,482 5,100,364 645,118 13%
Total Net Position $ 27,248,100 $ 26,461,995 $ 786,105 3.0% 9 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
From the Statement of Activities, Table 5 summarizes the changes in net position for all the enterprise funds. Program revenues are $7,854,692 for the fiscal year 2021, which is $1,098,936 more than the prior fiscal year. The program revenues make up 98% of the total revenues available to fund the enterprises. The expenses for fiscal year 2021 were $7,176,208 which was $523,242, or 8%, greater than the prior fiscal year.
Table 5
City of Willits
Summary of Changes in Net Postion
For Fiscal Years ending June 30, 2021 and 2020
Business-Type Activities Dollar Percent (Proprietary/Enterprise) Change Change 2021 2020
ExQenses
Water $ 2,800,277 $ 2,832,781 $ (32,504) -1.1%
Wastewater 4,119,253 3,565,725 553,528 15.5%
Solid Waste 136,417 140,979 (4,562) n/a
Airport 120,261 113,481 6,780 6.0%
Total Expenses 7,176,208 6,652,966 523,242 7.9%
Revenues
Program revenues
Charges for services 6,744,148 6,632,386 111,762 1.7%
Operating grants and contributions 1,063,379 38,909 1,024,470 2633.0% Capital grants and contributions 47,165 84,461 (37,296) NIA Total program revenues 7,854,692 6,755,756 1,098,936 16.3% General revenues and transfers
Use of money and property 35,284 107,461 (72,177) -67.2% Other revenue 7,500 7,500 0.0%
Transfers 77,292 93,438 (16,146) -17.3%
Total general revenues and transfers 120,076 208,399 (88,323) -42.4% Total Revenues and Transfers 7,974,768 6,964,155 1,010,613 14.5% Change in Net Position 798,560 311,189 487,371 156.6%
Net Position - Beginning of Fiscal Year 26,491,995 26,097,847 394,148 1.5% Prior Period Adjustments 82,959 (82,959)
Net Position - End of Fiscal Year $ 27,290,555 $ 26,491,995 $ 798,560 3.0% The Sewer Fund operating revenues increased by $108,912, or 3% in fiscal year 2021 and operating expenses increased by $21,591, or .7% resulting in net operating income of $667,934 for fiscal year 2021.
Most of the increase in expenses is related to operations, materials and supplies and depreciation. The fund's net position decreased by $488,904 to a new total of $11,753,686. Of this amount, $8,440,742 was net investment in capital assets and $3,312,944 was unrestricted. 10 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Business-type Activity Revenues
For Fiscal Year Ended June 30, 2021
Water, 3,030,218,
38%
Wastewater,
3,630,349, 46%
____ Airport, 1,236,909,
16%
The Water Fund revenues decreased $99,749, or about 3.2% in the fiscal year 2021. Expenses decreased by $82,973 or 2.9%. The fund's net position increased by $229,941 in the fiscal year 2021. As of June 30, 2021, the fund's net position was $15,464,400, of which $11,925,617 was net investment in capital assets, and $3,538,783 was unrestricted.
Solid Waste, $136,417 ...
Business-type Activity Expenses
For Fiscal Year Ended June 30, 2021
11 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
ANALYSIS OF GOVERNMENTAL FUNDS
From the Fund Statement of Revenues, Expenditures, and Changes in Fund Balance, Table 6 below, summarizes the activity for the General Fund and other governmental funds. The revenues and expenditures are on a modified accrual basis and include capital outlay expenditures.
Table 6
City of Willits
Revenue, Expenditures, and Fund Balance Summary - Governmental Funds For the Fiscal Years Ended June 30, 2021 and 2020
Revenue
Taxes
licenses and Permits
Interest
Charges for Services
Intergovernmental
Other
Total Revenues
Expenses
Current:
General Government
Planning
Comm unity Services
Public Safety
Public Works
Parks & Recreation
Community Development
Capital Outlay
Total Expenditures
Excess (Deficiency) of Revenues
over Expenditures
Other Financing Sources (Uses)
Transfers In
Transfers Out
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year
Prior Period Adjustments
Fund Balances, End of Year
General Fund Other Governmental Funds
2021 2020 2021 2020
$ 3,894,829 $ 3,337,031 $ 1,240,680 $ 995,964
121,039
5,012
783,952
694,200
446,842
5,945,874
2,007,424
418,181
40,346
2,579,592
262,086
211,294
5,518,923
426,951
(77,292)
(77,292)
349,659
2,809,354
142,612
26,605
877,001
851,278
95,430
5,329,957
1,602,956
337,902
177,963
2,359,361
226,605
193,705
4,898,492
431,465
(93,438)
(93,438)
338,027
2,471,327
35,257
25,549
802,242
2,103,728
69,764
749,278
11,722
717,236
1,548,000
555,728
555,728
3,481,874
74,691
19,839
445,034
450
1,535,978
130,670
525,711
17,815
1,069,205
1,743,401
(207,423)
(207,423)
3,689,297
$ 3,159,013 $ 2,809,354 $ 4,037,602 $ 3,481,874
Total Governmental Funds
2021 2020
$ 5,135,509 $ 4,332,995
121,039
40,269
809,501
1,496,442
446,842
8,049,602
2,007,424
418,181
40,346
2,649,356
1,011,364
211,294
11,722
717,236
7,066,923
982,679
(77,292)
(77,292)
905,387
6,291,228
142,612
101,296
896,840
1,296,312
95,880
6,865,935
1,602,956
337,902
177,963
2,490,031
752,316
193,705
17,815
1,069,205
6,641,893
224,042
(93,438)
(93,438)
130,604
6,160,624
$ 7,196,615 $ 6,291,228
The General Fund revenues of $5,945,874 increased by $615,917 from the prior fiscal year. The change is mostly due to increased revenue from Sales Tax.
General Fund expenditures were $5,518,923, an increase of $620,431 or 12.6%, from the prior year. The expenditure was mainly due to an increase in legal expenses, retirement, and other contractor costs.
As of June 30, 2021, the General Fund's fund balance totaled $3,159,013. The unassigned portion of Fund Balance was $3,137,651 which was an increase of $349,659, or 12.4%, from the prior year and is due to an increase in sales and other tax revenues. 12 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
The Other governmental funds include the Sales Tax and Gas tax funds which are used to account for capital expenditures, maintenance, rehabilitation, reconstruction and construction of City streets and roads.
CAPITAL ASSETS
GASB Statement No. 34 required the City to record all its capital assets including infrastructure, which was not recorded prior to GASB Statement No. 34. Infrastructure includes roads, bridges, signals, and similar assets used by the entire population.
In fiscal year 2021, the City reported the cost of all its infrastructure assets and computed the amounts of accumulated depreciation for these assets based on their original acquisition dates. At the end of fiscal year 2021, the cost of infrastructure and other capital assets recorded on the City's financial statements is as shown in Table 7 below.
Land
Buildings and improvements
Machinery and Equipment
lnfras tructure
Construction in progress
Total
Table 7
City of Willits
Capital Assets (Net of Depreciation)
June 30, 2021 and 2020
(Full Accrual)
Governmental Activities Business Type Activities
2021 2020 2021 2020
$ 150,963 $ 150,963 $ 1,804,213 $ 1,804,213
271,436 298,370 883,297 7,695,755
244,257 258,881 10,337,095 10,291,016
1,986,865 2,221,048 21,559,628 22,415,480
574,281 57,275 176,040 119,485
$ 3,227,802 $ 2,986,537 $ 34,760,273 $ 42,325,949
Total
2021 2020
$ 1,955,176 $ 1,955,176
1,154,733 7,994,125
10,581,352 10,549,897
23,546,493 24,636,528
750,321 176,760
$ 37,988,075 $ 45,312,486
Details on capital assets, current fiscal year additions and construction in progress can be found in the Notes under Note 5.
The City depreciates all its capital assets over their estimated useful lives, as required by GASB Statement No. 34. The purpose of depreciation is to spread the cost of a capital asset over the years of its useful life so that an allocable portion of the cost of the asset is borne by all users. Additional information on depreciable lives may be found in the Notes to the financial statements 13 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
LONG TERM DEBT AND LIABILITIES
The City issues debt financing for capital improvements primarily for water and wastewater enterprises. The long-term liabilities are employee compensated absences, Net Pension from CalPERS and Landfill Post-Closure costs. The City's debt issues and Landfill costs are discussed in detail in Note 7 of the financial statements. The Pension liabilities are discussed in Note 12.
The City's long-term debt and liability balances as of June 30 were as follows:
Table 8
City of Willits
Outstanding Long-Term Liabilities and Debt (net of debt discounts/premiums) June 30, 2021 and 2020
Governmental Activities Business Type Activities
2021 2020 2021 2020
Liabilities
Compensated Absences $ 479,393 $ 212,518 $ 73,477 $ 31,164 Net Pension Liability 7,712,093 7,329,415 2,146,964 2,040,430 Total Liabilities 8,191,486 7,541,933 2,220,441 2,071,594 Debt
1984 California Dept of Water Resources Loan
2012 Safe Drinking Water State Revolving Fund 2,542,054 2,647,973 2007 USDA Wastewater Sewer Loan A 7,638,000
2007 USDA Wastewater Sewer Loan B 1,093,500
2011 Wastewater Bonds 7,073,000
2015 Wastewater Tax Compliance Certificates 2,576,942 2,743,623 2020 Wastewater Refunding Bonds 15,875,000
Total Bond and Loan Liabitlties 20,993,996 21,196,096
Landfill Post- Closure costs 881,592 881,592
Total Long-Term Liabilities and Debt $ 8,191,486 $ 7,541,933 $ 24,096,029 $24,149,282 Total
2021 2020
$ 552,870 $ 243,682
9,859,057 9,369,845
10,411,927 9,613,527
2,542,054 2,647,973
7,638,000
1,093,500
7,073,000
2,576,942 2,743,623
15,875,000
20,993,996 21,196,096
881,592 881,592
$32,287,515 $31,691,215
Total long-term debt for the City increased by $596,300 composed of a $489,212 increase in net pension liability, an increase of 309,188 increase in compensated absences, and decreases in outstanding debt of $202, 100 from principal repayment. The City made all scheduled repayments of the current debt.
ECONOMIC CONDITION, OUTLOOK, AND ACTIVITY
During the Fiscal Year of 2020/2021, the city had multiple factors to cover. This included the COVID-19 Pandemic, which continued to impact normal citywide activities. Prior to the Pandemic, great efforts were made to reduce expenses and to live within the means of the City, this strategy was a result of the 2009 Recession and the opening of the Highway 101 Bypass that caused a "Double-Blow" forced the City to drastically reduce spending due to less traffic on Main Street and the adjustment of local housing values.
However, in the effort to reduce expenses, the cuts exasperated problems in the quality of City streets and the range of offered services. This lack of investment led to a significant deterioration in infrastructure and the ability of the City to deliver services the community expected. With 14 CITY OF WILLITS
MANAGEMENT'S DISCUSSION AND ANALYSIS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
looming deficits of pre-pandemic costs and in providing services, further stressors from C0VID19 made it was necessary to introduce and pass the Measure K initiative to stabilize the City's finances. Through a transparent and publicized campaign aimed at the citizens of Willits, the need for Measure K was expressed to the residents and was passed.
These financials represent the moment in time when Measure K income began to flow into the city, and it also represents a time where major changes in administration and management were constant. Looking forward, the City will not only continue to exist but thrive given the security of the new revenue flow but also in the efforts in land use planning, financing, code enforcement, and street rehabilitation. The community will benefit from this dedication as the organization achieves the goals expressed in our Mission Statement.
CONTACTING THE CITY'S FINANCIAL MANAGEMENT
This Basic Financials are a report intended to provide citizens, taxpayers, and creditors with a general overview of the City's finances. Questions about this report should be directed to the City of Willits, at 111 E Commercial St, Willits, CA 95490.
15 This page left intentionally blank
16 CITY OF WILLITS
Statement of Net Position
June 30, 2021
Governmental Business-type
Activities Activities Total
Assets:
Cash and Investments $ 5,483,431 $ 8,850,191 $ 14,333,622 Restricted Cash and Investments 313,473 313,473
Accounts Receivable 1,444,414 402,967 1,847,381
Notes Receivable 220,984 220,984
Internal Balances 384,799 (384,799)
Interest Receivable 86 86
Inventory 21,362 55,317 76,679
Capital Assets, Not Being Depreciated 725,244 1,980,253 2,705,497 Capital Assets, Net of Accumulated Depreciation 2,682,558 40,780,020 43,462,578 Total Assets 10,962,878 51,997,422 62,960,300
Deferred Outflows of Resources:
Pension related 1,653,574 460,338 2,113,912
Total Deferred Outflows of Resources 1,653,574 460,338 2,113,912 Liabilities:
Accounts Payable 222,703 187,946 410,649
Interest Payable 129,388 129,388
Deposits Payable 30,476 88,046 118,522
Noncurrent Liabilities:
Net Pension Liability 7,712,093 2,146,964 9,859,057
Due Within One Year 239,697 482,478 722,175
Due in More Than One Year 239,696 22,117,197 22,356,893 Total Liabilities 8,444,665 25,152,019 33,596,684
Deferred Inflows of Resources:
Pension related 207,051 57,641 264,692
Total Deferred Inflows of Resources 207,051 57,641 264,692 Net Position:
Net Investment in Capital Assets 3,407,802 21,502,618 24,910,420 Restricted for:
Community Development 644,138 644,138
Streets and Roads 3,143,312 3,143,312
Public Safety 138,925 138,925
Unrestricted (3,369,441) 5,745,482 2,376,041
Total Net Position $ 3,964,736 $ 27,248,100 $ 31,212,836 The notes to the financial statements are an integral part of this statement. 17 Functions
Primary Government:
Governmental Activities:
General Government
Public Safety
Community Development
Public Works
Parks and Recreation
Planning
Community Services
Total Governmental Activities
Business-type Activities:
Water
Sewer
Solid Waste
Airport
Total Business-type Activities
Total Primary Government
CITY OF WILLITS
Statement of Activities
For the Fiscal Year Ended June 30, 2021
Charges for
Expenses Services
$ 2,549,706 $ 783,952
2,895,666 5,596
11,722 16,000
1,011,364 3,953
211,294
418,181
40,346
7,138,279 809,501
2,800,277 2,977,015
4,119,253 3,593,603
136,417
120,261 173,530
7,176,208 6,744,148
$ 14,314,487 $ 7,553,649
General Revenues:
Taxes:
Property Taxes
Sales and Use Taxes
Business License Taxes
Franchise
Transient Occupancy Taxes
Other Taxes
Licenses and Permits
Investment Earnings
Other Revenue
Transfers
Program Revenues
Operating
Grants and
Contributions
$ 694,200
I 05,282
535,209
1,334,691
1,063,379
1,063,379
$ 2,398,070
Total General Revenues and Transfers
Change in net position
Net Position - Beginning of Fiscal Year
Prior Period Adjustment
Net Position - Beginning of Fiscal Year, Restated
Net Position - End of Fiscal Year
The notes to the financial statements are an integral part of this statement. 18 Capital
Grants and
Contributions
$ 206,294
1,301,419
1,507,713
47,165
47,165
$ 1,554,878
Net (Expenses) Revenues and Changes in Net Position
BusinessGovernmental
Activities
$ (865,260)
(2,890,070)
109,560
829,217
(211,294)
(418,181)
(40,346)
(3,486,374)
(3,486,374)
524,067
1,888,733
147,997
313,106
442,979
577,947
121,039
40,269
446,842
(77,292)
4,425,687
939,313
3,025,423
3,025,423
$ 3,964,736 $
type
Activities
$
223,903
(525,650)
(136,417)
1,116,648
678,484
678,484
35,284
7,500
77,292
120,076
798,560
26,461,995
(12,455)
26,449,540
27,248,100
Total
$ (865,260)
(2,890,070)
109,560
829,217
(211,294)
(418,181)
(40,346)
(3,486,374)
223,903
(525,650)
(136,417)
1,116,648
678,484
(2,807,890)
524,067
1,888,733
147,997
313,106
442,979
577,947
121,039
75,553
454,342
4,545,763
1,737,873
29,487,418
(12,455)
29,474,963
$ 31,212,836
19 CITY OF WILLITS
Balance Sheet
Governmental Funds
June 30, 2021
Special Revenue Capital Projects
Nonmajor Total
Governmental Governmental
General Sales Tax Gas Tax Capital Outlay Funds Funds
Assets:
Cash and Investments $ 2,123,034 $ 2,433,667 $ $ 227,249 $ 699,481 $ 5,483,431 Accounts Receivable 832,621 584,433 26,648 712 1,444,414 Interest Receivable 86 86
Due from Other Funds 399,678 399,678
Loans Receivable 220,984 220,984
Inventory 21,362 21,362
Total Assets $ 3,376,695 $ 3,018,IO0 $ 26,648 $ 227,249 $ 921,263 $ 7,569,955 Liabilities and Fund Balances:
Liabilities:
Accounts Payable $ 201,181 $ 8,955 $ 11,087 831 $ 649 $ 222,703 Deposits Payable 16,501 9,909 4,066 30,476
Due to Other Funds 12,223 2,656 14,879
Total Liabilities 217,682 8,955 23,310 I0,740 7,371 268,058 Fund Balances:
Nonspendable 21,362 21,362
Restricted for:
Public Safety 138,925 138,925
Public Works 3,009,145 3,338 130,829 3,143,312
Community Development 644,138 644,138
Unassigned 3,137,651 216,509 3,354,160
Total Fund Balances 3,159,013 3,009,145 3,338 216,509 913,892 7,301,897 Total Liabilities and Fund Balances $ 3,376,695 $ 3,018,100 $ 26,648 $ 227,249 $ 921,263 $ 7,569,955 The notes to the financial statements are an integral part of this statement. 20 CITY OF WILLITS
Reconciliation of the Governmental Funds Balance Sheet
to the Statement of Net Position
June 30, 2021
Total fund balances - governmental funds
In governmental funds, only current assets are reported. In the statement of net position, all assets are reported, including capital assets and accumulated depreciation.
Capital assets at historical cost
Accumulated depreciation
$ 7,129,497
(3,721,695)
Deferred outflows and inflows of resources relating to pensions: In governmental funds, deferred outflows and inflows ofresources relating to pensions are not reported because they are applicable to future periods. In the statement of net position, deferred outflows and inflows of resources relating to pensions are repotied.
Deferred inflows related to pension
Deferred outflows related to pension
In governmental funds, only current liabilities are repotied. In the statement of net position, all liabilities, including long-term liabilities, are reported. Long-term liabilities relating to governmental activities consist of:
Net pension liability
Compensated absences payable
Total net position - governmental activities
The notes to the financial statements are an integral pati of this statement. 21 $ 7,301,897
3,407,802
(207,051)
1,653,574
(7,712,093)
(479,393)
$ 3,964,736
Revenues
Property Taxes
Sales and Use Taxes
Business License Taxes
Franchise Fees
Transient Occupancy Taxes
Other Taxes
Licenses and Permits
Interest
Charges for Services
Intergovernmental
Other
Total Revenues
Expenditures
Current:
General Government
Planning
Community Services
Public Safety
Public Works
Parks and Recreation
Community Development
Capital Outlay
Total Expenditures
Excess (Deficiency) of Revenues over
(under) Expenditures
Other Financing Sources (llses):
Transfers Out
Total Other Financing Sources (Uses)
Net Change in Fund Balances
Fund Balances - July I, 2020
Fund Balances - June 30, 2021
CITY OF WILLITS
Statement of Revenues, Expenditures, and Changes in Fund Balance Governmental Funds
For the Fiscal Year Ended June 30, 2021
Special Revenue Capital Projects
General Sales Tax Gas Tax Capital Outlay
$ 524,067 $ $ $
1,888,733 1,107,686
147,997
313,106
442,979
577,947 132,994
121,039
5,012 29,662 4
783,952 3,953
694,200 441,181 94,028 206,294
446,842
5,945,874 1,578,529 230,979 206,294
2,007,424
418,181
40,346
2,579,592
262,086 446,562 302,716
211,294
496,810 220,426
5,518,923 943,372 302,716 220,426
426,951 635,157 (71,737) (14,132)
(77.292)
(77,292)
349,659 635,157 (71,737) (14,132)
2,809,354 2,373,988 75,075 230,641
$ 3,159,013 $ 3,009,145 $ 3,338 $ 216,509
The notes to the financial statements are an integral part of this statement. 22 Nonmajor Total
Governmental Governmental
Funds Funds
$ $ 524,067
105,282 3,101,701
147,997
313,106
442,979
710,941
121,039
5,591 40,269
21,596 809,501
60,739 1,496,442
446,842
193,208 8,154,884
2,007,424
418,181
40,346
69,764 2,649,356
1,011,364
211,294
11,722 11,722
717,236
81,486 7,066,923
111,722 1,087,961
(77.292)
(77,292)
111,722 1,010,669
802,170 6,291,228
$ 913,892 $ 7,301,897
CITY OF WILLITS
Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Fiscal Year Ended June 30, 2021
Amounts reported for governmental activities in the statement of activities are different because:
Net change in fund balances - total governmental funds
Governmental funds report capital outlays as expenditures. However, in the statement of activities, the costs of those capital assets are allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlay exceeded depreciation in the current period.
Capital outlay
Depreciation expense
Compensated absence expenditures reported in the statement of activities do not require the use of current financial resources and therefore, are not reported as expenditures in a governmental fund. This is the net change in compensated absences for the current period.
$ 717,236
(295,971)
In governmental funds, pension costs are recognized when employer contributions are made. In the statement of activities, pension costs are recognized on the accrual basis. This fiscal year, the difference between accrual-basis pension costs and actual employer contributions was:
Change in net position of governmental activities
The notes to the financial statements are an integral part of this statement. 23 $
$
1,010,669
421,265
(266,875)
(225,746)
939,313
CITY OF WILLITS
Statement of Net Position
Proprietary Funds
June 30, 2021
Business-type Activities-Enterprise Funds
Nonmajor
Sewer Water Enterprise
Fund Fund Funds Total
Assets
Current Assets:
Cash and Investments $ 4,454,817 $ 4,243,652 $ 151,722 $ 8,850,191 Restricted Cash and Investments 232,476 80,997 313,473
Accounts Receivable 246,182 155,222 1,563 402,967
Inventory 55,317 55,317
Total Current Assets 4,933,475 4,479,871 208,602 9,621,948 Noncurrent Assets:
Capital Assets:
Land 1,369,269 423,252 11,692 1,804,213
Buildings and Improvements 3,503,720 3,733,794 1,645,783 8,883,297 Machinery and Equipment 2,304,166 7,984,814 48,116 10,337,096 Infrastructure 33,731,712 13,184,402 46,916,114
Construction in Progress 176,040 176,040
Less:
Accumulated Depreciation (13,671,527) (11,l l5,628) (569,332) (25,356,487) Total Noncurrent Assets 27,237,340 14,386,674 1,136,259 42,760,273 Deferred Outflows of Resources:
Pension Related 298,512 161,826 460,338
Total Deferred Outflows of Resources 298,512 161,826 460,338 Total Assets and Deferred Outflows of Resources 32,469,327 19,028,371 1,344,861 52,842,559 Liabilities
Current Liabilities:
Accounts Payable 72,751 74,808 40,387 187,946
Interest Payable 114,425 14,963 129,388
Du.: lo Other Funds 384,799 384,799
Deposits Payable 79,977 8,069 88,046
Long Term Debt - Due within One Year 337,974 144,504 482,478 Total Current Liabilities 525,150 314,252 433,255 1,272,657 Noncurrent Liabilities:
Compensated Absences 34,893 38,584 73,477
Net Pension Liability 1,392,227 754,737 2,146,964
Long Term Debt - Due in More Than One Year 18,725,993 2,436,135 881,592 22,043,720 Total Noncurrent Liabilities 20,153,113 3,229,456 881,592 24,264,161 Deferred Inflows of Resources:
Pension Related 37,378 20,263 57,641
Total Deferred Inflows of Resources 37,378 20,263 57,641 Total Liabilities and Deferred Inflows of Resources 20,715,641 3,563,971 1,314,847 25,594,459 Net Position
Net Investment in Capital Assets 8,440,742 11,925,617 1,136,259 21,502,618 Unrestricted 3,312,944 3,538,783 (I, I 06,245) 5,745,482 Total Net Position $ 11,753,686 $ 15,464,400 $ 30,014 $ 27,248,100 The notes to the financial statements are an integral part of this statement. 24 CITY OF WILLITS
Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds
For the Fiseal Year Ended June 30, 2021
Business-type Activities - Enterprise Funds
Nonmajor
Sewer Water Enterprise
Fund Fund Funds Total
Operating Revenues:
Charges for Services $ 3,593,603 $ 2,977,015 $ 173,530 $ 6,744,148 Total Operating Revenues 3,593,603 2,977,015 173,530 6,744,148 Operating Expenses:
Operations 1,483,132 1,404,910 50,685 2,938,727
Administrative 232,445 261,092 12,335 505,872
Materials and Supplies 116,869 263,969 380,838
Maintenance 106,141 110,865 145,452 362,458
Depreciation 987,082 706,869 48,206 1,742,157
Total Operating Expenses 2,925,669 2,747,705 256,678 5,930,052 Operating Income (Loss) 667,934 229,310 (83,148) 814,096 Non-operating Revenues (Expenses):
Interest Revenue 29,246 6,038 35,284
Interest Expense (I, 193,584) (52,572) (1,246, 156)
Intergovernmental Revenue 47,165 1,063,379 1,110,544
Miscellaneous Revenue 7,500 7,500
Total Non-Operating Revenue (Expenses) (I, 156,838) 631 1,063,379 (92,828) Income (Loss) Before Transfers (488,904) 229,941 980,231 721,268 Transfers
Transfers In 77,292 77,292
Total Transfers 77,292 77.292
Change in Net Position (488,904) 229,941 1,057,523 798,560 Net Position - Beginning of Fiscal Year 12,242,590 15,234,459 (1,015,054) 26,461,995 Prior Period Adjustment (12,455) (12,455)
Net Position - Beginning of the Fiscal Year, Restated 12,242,590 15,234,459 (1,027,509) 26,449,540 Net Position - End of Fiscal Year $ 11,753,686 $ 15,464,400 $ 30,014 $ 27,248,100 The notes to the financial statements are an integral part of this statement. 25 CITY OF WILLITS
ST A TEMENT OF CASH FLOWS
PROPRIETARY FUNDS
For the Fiscal Year Ended June 30, 2021
Business-tree Activities· Entererisc Funds
Sewer Water
Fund Fund
CASH FLOWS FROM OPERA TING ACTIVITIES:
Cash Received from Users $ 3,704,742 $ 3,271,645
Cash Payments to Suppliers and Contractors (445,478) (736,478) Cash Payments to Employees (1,407,486) (1,344,234)
Net Cash Provided (Used) By Operating Activities 1,851,778 I, I 90,933 CASH FLOWS FROM NONCAPIT AL FINANCING ACTIVITIES:
Transfers in
Interfund Borrowing
Intergovernmental 47,165
Net Cash Provided (Used) By Noncapital Financing Activities 47,165 CASH FLOWS FROM INVESTING ACTIVITIES:
Interest Received 32,800 10,898
Net Cash Provided (Used) in Investing Activities 32,800 10,898
CASH FLOWS FROM CAPITAL AND RELATED FINANCING
ACTIVITIES:
Miscellaneous Revenue 7,500
Proceeds from Debt Borrowings 16,632,131
Principal Payments on Debt Borrowings (16,!5!,181) (206,578) Interest Paid (1,177,089) (47,700)
Acquisition of Property, Plant, and Equipment (38,018) (939,819) Net Cash Provided (Used) In Capital and Related
Financing Activities (726,657) (1,194,097)
NET INCREASE (DECREASE) IN CASH AND CASH
EQUIVALENTS 1,157,921 54,899
CASH AND CASH EQUIVALENTS, BEGINNING OF FISCAL YEAR 3,529,372 4,269,750 CASH AND CASH EQUIVALENTS, END OF FISCAL YEAR $ 4,687,293 s 4,324,649 Reconciliation lo Statement of Net Position:
Cash and Investments $ 4,454,817 $ 4,243,652
Restricted Cash and Investments 232,476 80,997
$ 4,687,293 $ 4,324,649
CASH FLOWS FROM OPERA TING ACTIVITIES:
Operating Income (Loss) $ 667,934 $ 229,3 IO
Adjustment to Reconcile Operating Income
(Loss) to Net Cash Provided (Used) by Operating
Activities:
Depreciation 987,082 706,869
Changes in Assets, Deferred Outflows, Liabilities and Deferred Inflows:
(Increase) Decrease in Accounts Receivable 111,139 214,653 Increase (Decrease) in Accounts Payable 9,977 (23,625)
Increase (Decrease) in Compensated Absences 34,893 38,584 Increase (Decrease) in Net Pension Liability 40,753 22,092 Increase (Decrease) in Deposits Payable 3,050
(Increase) Decrease in Inventory
Total Adjustments 1,183,844 961,623
Net Cash Provided (Used) By Operating Activities $ 1,851,778 $ 1,190,933 The notes to the financial statements are an integral part of this statement 26 Nonmajor
Enterprise
Funds
$ 173,530
(213,979)
(40,449)
77,292
63,588
1,063,379
1,204,259
(1,089,493)
(1,089,493)
74,317
77,405
$ 151,722
$ 151,722
$ 151,722
$ (83,148)
48,206
31,083
(36,590)
42,699
$ (40,449)
Totals
$ 7,149,917
(1,395,935)
(2,751,720)
3,002,262
77,292
63,588
1,110,544
1,251,424
43,698
43,698
7,500
16,632,131
(16,357,759)
(1,224,789)
(2,067,330)
(3,010,247)
1,287,137
7,876,527
$ 9,163,664
$ 8,850,191
313,473
$ 9,163,664
$ 814,096
1,742,157
325,792
17,435
73,477
62,845
3,050
(36,590)
2,188,166
$ 3,002,262
CITY OF WILLITS
FIDUCIARY FUNDS
STATEMENT OF NET POSITION
June 30, 2021
Private Purpose
Trust Fund
ASSETS
Cash and Investments
Cash and Investments with Fiscal Agent
Total Assets
LIABILITIES
Interest Payable
Accounts Payable
Long-term Debt, Due Within One Year
Long-term Debt, Due in More Than One Year
Total Liabilities
NET POSITION
Held in Trust for Others
Total Net Position
$
$
$
RDA
Successor
Agency
535,589
231
535,820
42,148
568
297,562
934,685
1,274,963
(739,143)
(739,143)
The notes to the financial statements are an integral part of this statement. 27 CITY OF WILLITS
FIDUCIARY FUNDS
STATEMENT OF CHANGES IN NET POSITION
For the Fiscal Year Ended June 30, 2021
Additions:
Intergovernmental
Interest
Total Additions
Deductions:
Community Development
Interest Expense
Administration Allocation
Total Deductions
Change in Net Position
Net Position - July 1, 2020
Net Position - June 30, 2021
$
$
Private Purpose
Trust Fund
RDA
Successor
Agency
464,584
13,835
478,419
27,819
40,367
84,500
152,686
325,733
(1,064,876)
(739,143)
The notes to the financial statements are an integral part of this statement. 28 NOTES TO BASIC FINANCIAL STATEMENTS
CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Reporting Entity
The City of Willits (City) is a general law City incorporated in the State of California. The City is governed by an elected five-member City Council. The following services are provided by the City to its citizens; public safety (police); streets; drinking water; wastewater collection, treatment and disposal; public improvements, parks and recreation; planning and zoning; and general administrative services.
As required by accounting principles generally accepted in the United States of America (USGAAP), these basic financial statements present the City of Willits (the primary government) and any component units.
Individual Component Unit Disclosures
There are no entities which meet the Governmental Accounting Standards Board (GASB) Statement No.14 as amended by GASB Statement No.39 and GASB Statement No. 61 criteria for disclosure within these financial statements.
Description of Joint Powers Agreements
The City participates in several joint power agreements (JP As) as described in Note 8. The financial activities of the JP As are not included in the accompanying basic financial statements because JP As are administered by governing boards that are separate from and independent of the City.
B. Basis of Presentation
Government-wide Financial Statements
The statement of net position and statement of activities display information about the primary government (the City). These statements include the financial activities of the overall government, except for fiduciary activities. Eliminations have been made to minimize the double counting of internal activities. These statements distinguish between the governmental and business-type activities of the City. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely, to a significant extent, on fees charged to external parties.
The statement of activities presents a comparison between direct expenses and program revenues for each segment of the business-type activities of the City and for each function of the City's governmental activities. Direct expenses are those that are specifically associated with a program or function and; therefore, are clearly identifiable to a particular function. Program revenues include 1) charges paid by the recipients of goods or services offered by the programs and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular program. Revenues that are not classified as program revenues, including all taxes, are presented instead as general revenues.
When both restricted and unrestricted net positions are available, unrestricted resources are used only after the restricted resources are depleted.
29 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Basis of Presentation (Continued)
Fund Financial Statements
The fund financial statements provide information about the City's funds, including fiduciary funds.
Separate statements for each fund category - governmental, proprietary, and fiduciary - are presented. The emphasis offund financial statements is on major governmental and enterprise funds; each displayed in a separate column. All remaining governmental and enterprise funds are separately aggregated and reported as nonmajor funds.
Proprietary funds distinguish operating revenues, such as charges for services, and result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Nonoperating revenues, such as subsidies and investment earnings, result from nonexchange transactions or ancillary activities.
The City reports four major governmental funds:
• The General Fund is used to account for all revenues and expenditures necessary to carry out basic governmental activities of the City that are not accounted for through other funds. For the City, the General Fund includes activities such as public protection, public works and facilities, parks and recreation, and community development.
• The Sales Tax Special Revenue Fund was established to account for all sales tax revenues set aside for transportation improvements.
• The Gas Tax Special Revenue Fund was established to account for capital expenditures, maintenance, rehabilitation, reconstruction and construction of City streets and roads funded by State gas taxes.
• The Capital Outlay Capital Projects Fund was established to account for capital expenditures throughout the City.
The City reports the following two major enterprise funds:
• The Sewer Fund was established to account for the financial activity for the purpose of operation and maintenance of the City's sewer system including the wastewater treatment plant. The costs of providing these services to the general public are financed or recovered through user charges. • The Water Fund was established to account for the financial activity for the purpose ofoperation and maintenance of City's water utility. The costs of providing these services to the general public are financed or recovered through user charges.
Fiduciary Funds
Agency Funds are used to account for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other government units, and/or other funds.
Private Purpose Trust Fund accounts for the operations of the former redevelopment agency. 30 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Basis of Accounting and Measurement Focus
The government-wide, proprietary, and fiduciary fund financial statements except for Agency Funds (that have no measurement focus) are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred, regardless of when the related cash flows take place. Nonexchange transactions, in which the City gives (or receives) value without directly receiving (or giving) equal value in exchange, include property and sales taxes, grants, entitlements and donations. On an accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied. Revenues from sales tax are recognized when the underlying transactions take place.
Revenues from grants, entitlements, and donations are recognized in the fiscal year in which all eligible requirements have been satisfied.
Governmental funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when susceptible to accrual (i.e., when they are "measurable and available"). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers all revenues available if they are collected within 60 days after fiscal year-end. Expenditures are recorded when the related fund liability is incurred, except for debt service expenditures which are recognized when due, and certain compensated absences and claims and judgments which are recognized when the obligations are expected to be liquidated with expendable available financial resources. Capital asset acquisitions are reported as expenditures in governmental funds. Proceeds from long-term debt and capital leases are reported as other financing sources.
Property taxes, transient occupancy taxes, and interest are susceptible to accrual. Sales taxes collected and held by the state at fiscal year-end on behalf of the City are also recognized as revenue.
Other receipts and taxes become measurable and available when cash is received by the City and are recognized as revenue at that time.
Entitlements and shared revenues are recorded at the time of receipt or earlier if the susceptible to accrual criteria are met. Expenditure-driven grants are recognized as revenue when the qualifying expenditures have been incurred and all other grant requirements have been met.
D. Assets, Deferred Outflows of Resources, Liabilities, Deferred Inflows of Resources, Net Position or Equity
1. Deposits and Investments
In order to maximize the flexibility of its investment program and to aid in cash budgeting, the City pools the cash of all funds, except for monies deposited with fiscal agents in accordance with related bond indentures. The cash and investments balance in each fund represents that fund's equity share of the City's cash and investment pool. As the City places no restrictions on the deposit or withdrawal of a particular fund's equity in the pool, the pool operates like a demand deposit account for the participating funds.
31 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Deferred Outflows of Resources, Liabilities, Deferred Inflows of Resources, Net Position or Equity (Continued)
1. Deposits and Investments (Continued)
Interest income earned on pooled cash and investments is allocated monthly to the various funds based on month-end balances and is adjusted at fiscal year-end. Interest income on restricted cash and investments with fiscal agents is credited directly to the related fund.
In accordance with the State of California Government Code, the City adopts an investment policy annually that, among other things, authorizes types and concentrations of investments and maximum investment terms.
The City's investments are carried at fair value. The fair value of equity and debt securities is determined based on sales prices or bid-and-asked quotations from SEC-registered securities exchanges or NASDAQ dealers. LAIF determines the fair value of its portfolio quarterly and reports a factor to the City; the City applies that factor to convert its share of LAIF from amortized cost to fair value. Changes in fair value are allocated to each participating fund.
For purposes of the statement of cash flows, the City has defined cash and cash equivalents to be change and petty cash funds, equity in the City's cash and investment pool, and restricted non-pooled investments with initial maturities of three months or less.
Investments are stated at fair value in accordance with GASB Statement No.31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools. Short-term investments are reported at cost, which approximates fair value. The fair values are based on quoted market prices, if available, or estimated using quoted market prices for similar securities. Securities traded on national or international exchanges are valued at the last reported sales price at current exchange rates. Interest, dividends, and realized and unrealized gains and losses, based on the specific identification method, are included in interest revenue when earned.
2. Receivables and Payables
Transactions between funds that are representative oflending/borrowing arrangements outstanding at the end of the fiscal year are referred to as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as "internal balances". Advances between funds are reported in the fund financial statements as nonspendable to indicate that they are not available for appropriation and are not available financial resources. 32 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Deferred Outflows of Resources, Liabilities, Deferred Inflows of Resources, Net Position or Equity (Continued)
2. Receivables and Payables (Continued)
The County of Mendocino assesses properties, bills for, collects, and distributes property taxes for the City per the following schedule:
Valuation dates
Lien/levy dates
Due dates
Delinquent as of
Secured
January I
July I
50% on November I
50% on February I
December I 0, April I 0
Unsecured
January I
July I
July I
August 31
The term "unsecured" refers to taxes on personal property other than real estate, land, and buildings.
These taxes are secured by liens on the property being taxed. Property tax revenues are recognized by the City in the fiscal year they are assessed provided they become available as defined above. The City has elected to receive the City's portion of the property taxes from the county under the county Teeter Bill program. Under this program, the City receives I 00 percent of the City's share of the levied property taxes in periodic payments with the county assuming the responsibility for the delinquencies.
3. Inventories and Prepaid Items
Inventories are valued at cost using the first-in/first-out (FIFO) method. The costs of governmental fund-type inventories are recorded as expenditures when consumed rather than when purchased.
Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items.
4. Capital Assets
Capital assets, which include property, plant, equipment and infrastructure assets, are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. As a phase 3 government under GASB Statement No.34, the City has elected to restate its capital assets as of July I, 2008, to report infrastructure assets acquired prior to June 30, 2003. The City has determined that it is preferable to report all City infrastructure to provide for more accurate reporting. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated assets are valued at the fair value of the assets on the date on which they were contributed. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend the assets' lives are not capitalized. The City utilizes a capitalization threshold of $10,000.
Depreciation is charged to operations using the straight-line method over the estimated useful lives of the assets as follows:
Buildings and improvements
Vehicles
Machinery and equipment
Infrastructure
33 30 years
5 years
5 to 15 years
50 to 80 years
CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Deferred Outflows of Resources, Liabilities, Deferred Inflows of Resources, Net Position or Equity (Continued)
5. Compensated Absences
Full-time employees accumulate earned vacation, holiday and compensated leave of varying amounts dependent upon length of service with the City. These amounts are deemed fully vested with the employee when earned. The City also provides full time employees with sick leave that generally must be used for sickness and injury-related leave time. However, upon an employee's retirement after 5 years of employment with the City, an employee is paid 30% ofunused sick leave and after 10 years of employment, they are paid 50%. In both cases the limit is 1,000 hours. Therefore, a liability has been recorded for the estimated benefits that will be taken as a result of retirement. These liabilities will be liquidated in their respective business-type funds or the general fund as they are used or upon retirement.
The City does not offer post-employment benefits.
6. Long-term Obligations
In the government-wide financial statements, proprietary and fiduciary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, proprietary or fiduciary fund type statements of net position. Debt premiums and discounts are deferred and amortized over the life of the indebtedness using the straight-line method. Notes payable are reported net of the applicable bond premium or discount.
In the fund financial statements, governmental fund types recognize debt premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources.
Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures.
7. Net Position
The government-wide financial statements utilize a net pos1t10n presentation. Net position is categorized as net investment in capital assets, restricted, and unrestricted.
Net Investment In Capital Assets - This category groups all capital assets, including infrastructure, into one component ofnet position. Accumulated depreciation and the outstanding balances of debt that are attributable to the acquisition, construction, or improvement of these assets reduce the balance in this category.
Restricted Net Position This category presents external restrictions imposed by creditors, grantors, contributors, or laws or regulations of other governments and restrictions imposed by law through constitutional provisions or enabling legislation.
Unrestricted Net Position -This category represents net position of the City, not restricted for any project or other purpose.
When an expense is incurred for purposes for which both restricted and unrestricted resources are available, the City's policy is to apply restricted resources first. 34 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Deferred Outflows of Resources, Liabilities, Deferred Inflows of Resources, Net Position or Equity (Continued)
8. Deferred Outflows and Inflows of Resources
Pursuant to GASB Statement No. 68 and 71, the City recognizes deferred outflows and inflows of resources. Deferred outflow and inflow of resources are defined as a consumption or resource of net position by the government that is applicable to a future reporting period.
E. Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements. Estimates also affect the reported amounts ofrevenues and expenses during the reporting period. Actual results could differ from those estimates.
F. Fund Balance
In the fund financial statements, governmental funds report fund balance as nonspendable, restricted, committed, assigned, or unassigned based primarily on the extent to which the City is bound to honor constraints on how specific amounts can be spent.
• Nonspendable fund balance - amounts that cannot be spent because they are either (a) not spendable in form or (b) legally or contractually required to be maintained intact.
Restricted fund balance - amounts with constraints placed on their use that are either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation.
Committed fund balance - amounts that can only be used for specific purposes determined by formal action of the City's highest level of decision-making authority (the City Council) and that remain binding unless removed in the same manner. The underlying action that imposed the limitation needs to occur no later than the close of the repot1ing period. • Assigned fund balance - amounts that are constrained by the City's intent to be used for specific purposes. The intent can be established at either the highest level of decision making, or by a body or an official designated for that purpose. • Unassigned fund balance-the residual classification for the City's funds that include amounts not contained in the other classifications.
The City Council establishes, modifies or rescinds fund balance commitments and assignments by passage of an ordinance or resolution.
When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, followed by committed, assigned, and unassigned resources as they are needed.
35 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) G. Future Accounting Pronouncements
GASB Statements listed below will be implemented in future financial statements.
The provisions of Statement Number 87 "Leases" are effective for fiscal years beginning after June 15,2021.
The provisions for Statement Number 89 "Accounting for Interest Cost Incurred before the End of a Construction Period" are effective for fiscal years beginning after December 15, 2020.
The provisions for Statement Number 90 "Majority Equity Interests - an amendment of GASB Statements No. 14 and No. 61" are effective for fiscal years beginning after December 15, 2019.
The provisions of Statement Number 91 "Conduit Debt Obligations" are effective for repo11ing periods beginning after December 15, 2021.
The provisions of Statement Number 92 "Omnibus 2020" are effective for reporting periods beginning after June 15, 2021.
The provisions of Statement Number 93 "Replacement oflnterbank Offered Rates" are effective for reporting periods beginning after June 15, 2021.
The provisions of Statement Number 94 "Public-Private and Public-Public Partnerships and Availability Payment Arrangements" are effective for reporting periods beginning after June 15, 2022.
The provisions of Statement Number 96 "Subscription-Based Information Technology Arrangements" are effective for reporting periods beginning after June 15, 2022.
The provisions of Statement Number 97 "Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans - an Amendment of GASB Statements No. 14 and No. 84, and a Supersession of GASB Statement No. 32" are effective for reporting periods beginning after June 15, 2021.
The provisions of Statement Number 99 "Omnibus 2022" are effective for reporting periods starting after June 15, 2022.
NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNT ABILITY
A. Budgetary Information
The City Council adopts an Annual Budget no later than the second meeting of June of each fiscal year for the fiscal year commencing the following July I. The City follows these procedures in establishing the budgetary data reflected in the financial statements:
1. During May of each fiscal year, the City Manager submits to the City Council a proposed operating budget for the next following fiscal year. The operating budget includes proposed revenues and expenditures.
2. After a review by the City Council, a public hearing is conducted and further comment is received from the City Council and the general public.
36 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY (Continued) A. Budgetary Information (Continued)
3. Upon completion of the hearings and modifications, if any, to the proposed budget, it is adopted by the City Council through passage of an appropriate resolution.
4. Generally, the budget is amended in the middle of the fiscal year and at the end of the fiscal year.
All approved additional appropriations are added to the adopted budget and an amended budget is presented to the City Council, which adopts it after due review.
5. The City Manager is authorized to make transfers between operational expenditure categories within certain departments and funds.
6. City Council approval is required for all fund to fund transfers, department to department transfers, fund reserve to appropriations transfers, transfers for new revenue sources with offsetting appropriations, and for transfer to/from the capital expenditure category.
7. The Vehicle Abatement, Business Rehab, and DNA Cost Reimb special revenue funds do not have adopted budgets.
B. Budget/USGAAP Reconciliation
No funds adopted project-length or budgetary basis budgets and, therefore, no schedule reconciling the amounts on the Combined Statement of Revenues, Expenditures, and Changes in Fund BalanceBudget to Actual to the amounts on the Combined Statement of Revenues, Expenditures, and Changes in Fund Balances has been prepared.
C. Excess of Expenditures over Appropriations
For the fiscal year ended June 30, 2021, expenditures exceeded appropriations in the following funds:
Major Funds:
General Fund
Gas Tax Fund
Nonmajor Funds:
Fund
Haehl Creek Special Revenue Fund
LEAA Special Revenue Fund
Narcotics Fortfeiture Special Revenue Fund
D. Deficit Fund Equity
Final
Appropriation Expenditure
$ 4,964,453 $ 5,5 I 8,923
156,210 302,716
8,639
13,472
35,000 43,567
At June 30, 2021, the following fund had an accumulated deficit:
Fund Amount
Nonmajor Enterprise Fund:
Solid Waste $ 1,269,673
Excess
$ 554,470
146,506
8,639
13,472
8,567
The City believes that portions if not the majority of the costs and debt associated with this fund are the responsibility of the State or the County. The City is currently in discussions with both entities to securing funding for these and future costs. 37 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 3 - CASH AND INVESTMENTS
Cash and investments as of June 30, 2021 are classified in the accompanying financial statements as follows:
Statement of net position:
Cash and investments
Restricted cash and investments
Fiduciary funds:
Cash and investments
Cash and investments with fiscal agent
Total cash and investments
$
$
Cash and investments as of June 30, 2021 consist of the following:
Cash on hand
Deposits with financial institutions
Investments
Total cash and investments
$
$
14,333,622
313,473
535,589
231
15,182,915
550
5,936,088
9,246,277
15,182,915
A. Investments Authorized by the California Government Code and the City's Investment Policy
The table below identifies the investment types that are authorized for the City of Willits (City) by the California Government Code ( or the City's investment pol icy, where more restrictive). The table also identifies certain prov is ions of the California Government Code ( or the City's investment po !icy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk.
This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City rather than the general provisions of the California Government Code or the City's investment policy.
Maximum Maximum
Maximum Percentage Investment
Authorized Investment Tyge Maturi!l of Portfolio in One Issuer Bonds issued by the City NIA None None
US Treasury Obligations 5 years None None
Federal Agency Issues 5 years None None
Negotiable Certificates of Deposit 5 years 30% None
Repurchase Agreements I year None None
Bankers' Acceptances 180 days 40% 30%
Medium Term Notes 5 years 30% None
Money Market Mutual Funds NIA None 10%
Commercial Paper 270 days 25% None
County Pool Investment Funds NIA None None
Local Agency Investment Fund (LAIF) NIA None $75 Million Collateralized Bank Deposits NIA None None
Mortgage Pass-through Securities 5 years 20% None
Shares of Beneficial Interest by a JP A NIA None None
The investment policy allows for the above investments which have equal safety and liquidity as all other allowed investments. Maturity depends on the cash needs of the City. 38 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 3 - CASH AND INVESTMENTS (Continued)
B. Investments Authorized by Debt Agreements
Investment of debt proceeds held by bond trustees are governed by provisions of the debt agreements rather than the general provisions of the California Government Code or the City's investment policy.
The table below identifies the Investment types that are authorized for investments held by bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk.
Authorized Investment Type
Local Agency Bonds
U.S. Treasury Obi igations
State Obligations
U.S. Government Agency Issues
Money Market Mutual Fund
Bankers Acceptances
Commercial Paper
Certificates of Deposit
Repurchase Agreements
Investment Agreements
Local Agency Investment Fund (LAIF)
Maximum
Maturity
NIA
NIA
NIA
NIA
NIA
NIA
270 days
NIA
NIA
NIA
NIA
Maximum
Percentage
of Portfolio
None
None
None
None
None
None
None
None
None
None
None
Maximum
Investment
in One Issuer
None
None
None
None
None
None
None
None
None
None
None
C. Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the City manages its exposure to interest rate risk is by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations.
Information about the sensitivity of the fair values of the City's investments (including investments held by bond trustee) to market interest rate fluctuations is provided by the following table that shows the distribution of the City's investments by maturity:
Remainin maturi (in Months)
12 Months 13 to 24 25-60 MoreThan60
Investment T}'.Qe Totals or Less Months Months Months
State Investment Pool (LAIF) $ 4,615,112 $ 4,615,112 $ $ $ Money Market Funds 3,875,672 3,875,672
Certificates of Deposit 755,262 755,262
Held by Bond Trustees:
Money Market Funds 231 231
$ 9,246,277 $ 9,246,277 $ $ $
39 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 3 - CASH AND INVESTMENTS (Continued)
D. Investments with Fair Values Highly Sensitive to Interest Rate Fluctuations The City has no investments (including investments held by bond trustees) that are highly sensitive to interest rate fluctuations (to a greater degree than already indicated in the information provided above).
E. Disclosures Relating to Credit Risk
Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the City's investment policy, or debt agreements, and the actual rating as of fiscal year end for each investment type.
Investment Type
State Investment Pool
Money Market Funds
Certificates of Deposit
Held by Bond Trustee:
Money Market Funds
Total
Minimum Exempt
Legal From
__ A_m_o_u_nt_ Rating Disclosure
$4,615,112 NIA $
3,875,672 NIA
755,262 NIA
231 NIA
$9,246,277 $
F. Concentration of Credit Risk
AAA
$ -
$
Rating as of Fiscal Year End
Not
AA A Rated
$ $ - $4,615,112
3,875,672
755,262
231
$ 755,262 $ - $8,491,015
---
The investment policy of the City contains limitations on the amount that can be invested in any one issuer beyond that stipulated by the California Government Code. There are no investments in any one issuer (other than money market or external investment pool) that represent 5% or more of total City's investments.
G. Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the City's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The fair value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits.
As of June 3 0, 2021, all of the City's deposits with financial institutions in excess of federal depository insurance limits were held in collateralized accounts. 40 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 3 - CASH AND INVESTMENTS (Continued)
H. Investment in State Investment Pool
The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis.
I. Fair Value Measurements
The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. These principles recognize a three tiered fair value hierarchy as follows:
Level 1 - Investments reflect prices quoted in active markets; Level 2 - Investments reflect prices that are based on similar observable asset either directly or indirectly, which may include inputs in markets that are not considered active; and Level 3 - Investments reflect prices based upon unobservable sources. The City's investments applicable to recurring fair value measurements as of June 30, 2021 are all shown at fair value.
NOTE 4 - INTERFUND TRANSACTIONS
A. Interfund Receivables and Payables
During the course of normal operations, numerous transactions occur between individual funds that may result in amounts owed between funds. Those related to goods and services type transactions are classified as "due to and from other funds". The following presents a summary of current interfund balances at June 30, 2021.
Receivable Fund Amount Payable Fund Amount
Major Fund: Nonmajor Enterprise Fund:
General Fund $ 399,678 Solid Waste $ 384,799
Major Fund:
Gas Tax 12,223
Nonmajor Governmental Fund:
HSG Rehab 2,656
Totals $ 399,678 Totals $ 399,678
B. Transfers between Funds
Transfers are indicative of funding for capital projects, lease payments or debt service, subsidies of various City operations, and re-allocations of special revenues. All inter-fund transfers between individual government funds have been eliminated on the government-wide statements. The following schedule briefly summarizes the City's transfer activity for the fiscal year ended June 30, 2021:
Fund Transfers-in Transfers-out
Major Governmental Funds:
General Fund $ $ 77,292
Nonmajor Proprietary Funds:
Solid Waste 77,292
Totals $ 77,292 $ 77,292
41 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 5 - CAPITAL ASSETS
Capital Asset activity for the fiscal year ended June 30, 2021 was as follows:
Balance at
June 30, 2020 Additions Deletions
Governmental activities:
Capital assets. not being depreciated:
Land $ 150.963 $ $
Construction in progress 57,275 517,006
Total capital assets, not being depreciated 208,238 517,006 Capital assets, being depreciated:
Buildings and improvements 1,838,044 100,523
Machinery and equipment 2,074,873 75,369
Infrastructure 2,291,106 24,338
Total capital assets being depreciated 6,204,023 200,230 Less accumulated depreciation for:
Buildings and improvements (1,539,674) (127,457)
Machinery and equipment (1,815,992) (89,993)
Infrastructure (70,058) (78,521)
Total accumulated depreciation (3,425,724) (295,971)
Total capital assets, being depreciated, net 2,778,299 (95,741) Governmental activities capital assets, net $ 2,986,537 $ 421,265 $ Balance at
Business-type activities: June 30, 2020 Additions Deletions Capital assets, not being depreciated:
Land $ 1,804,213 $ $
Construction in progress 119,485 1,146,055
Total capital assets, not being depreciated 1,923,698 1,146,055 Capital assets, being depreciated:
Buildings and improvements 7,683,293 110.504
Machinery and equipment 10,291,016 46,079
Infrastructure 46,029,810 886,304
Total capital assets, being depreciated 64,004,119 1,042,887 Less accumulated depreciation (23,614,329) (1,742,157)
Total capital assets, being depreciated, net 40,389,790 (699,270) Business-type activities capital assets, net $ 42,313,488 $ 446,785 $ Depreciation
Depreciation expense was charged to governmental functions as follows:
General Government
Total depreciation expense - governmental functions
Depreciation expense was charged to business-type functions as follows:
Sewer
Water
Airport
Total depreciation expense - business-type functions
42 $
$
$
$
Balance at
Transfers June 30, 2021
$ 150.963
574,281
725,244
1.938,567
2,150,242
2,315,444
6,404,253
(1,667,131)
(1,905,985)
(148,579)
(3,721,695)
2,682,558
$ 3,407,802
Balance at
Transfers June 30, 2021
$ 1,804,213
(1,089,500) 176,040
(I ,089,500) 1,980,253
1,089.500 8,883,297
10,337,095
46,916,114
1,089,500 66,136,506
(25,356,486)
1,089,500 40,780,020
$ 42,760,273
$ 295,971
$ 295,971
$ 987,082
706,869
48,206
$1,742.157
CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 6 - NOTES RECEIVABLE
The City has established a number of housing assistance loan programs using HOME Investment Partnerships Program grant funds. These loans consist of several loans for first-time home buyers assistance and home rehabilitation assistance loans for qualified persons. The City also utilizes Community Development Block Grant (CDBG) to provide business assistance loans and home rehabilitation loans to qualified persons.
All housing loans are secured by deeds of trust. Loans carry interest rates ranging from 0% to 5% with repayment terms from l Oto 5 5 years or upon sale or transfer of property. Interest rates are set at below market rates and, in some cases, below the rate of inflation. Repayment of these loans is not assured until cash is received, and in some instances, the loans terms are extended.
NOTE 7 - LONG-TERM LIABILITIES
The following is a schedule of long-term liabilities for Governmental Activities and Business-type Activities for the fiscal year ended June 30, 2021:
Balance at Balance at D.IeWithin
June 30, 2020 Additions Repayments June 30, 2021 Q1e Year Governmental Activities:
Compensated absences $ 212,518 $ 362,754 $ (95,879) $ 479,393 $ 239,697 Total Governmental Activities $ 212,518 $ 362,754 $ (95,879) $ 479,393 $ 239,697 Business-type Activities:
Compensated absences $ 31,164 $ 131,373 $ (15,582) $ 146,955 $ 73,478 Debt from direct borrowings and direct placements:
State Water Revolving Fund Loan 2,647,973 (105,919) 2,542,054 105,919 2007 WastewdJ:er Se,\er Loan A 7,638,000 (7,638,000)
2007 Wastewater SeW=r Loan B 1,093,500 (1,093,500)
2011 WasteWclter Bonds 7,073,000 (7,073,000)
2015 Tax Compliance Certificates 2,743,623 (166,681) 2,576,942 173,081 2020 WasteWclter Refunding Bonds 16,055,000 (180,000) 15,875,000 130,000 Landfill Post-closure Costs 881,592 881,592
Total Business-type Activities $ 22,108,852 $ 16,186,373 $ (16,272,682) $ 22,022,543 $ 482,478
1. Business-type Activities - Direct Borrowings and Placements of Debt - California State Water Resources Control Board Revolving Loan
In November of 2011, The City Council adopted a resolution approving funding in the amount of $5,779,623 for the Water Plant Improvements Project and pledged the City's Water Fund as the specific revenue source for the repayment of the loan. The loan consists of loan principal of $3,366,510 and a grant in the amount of $3,000,000. The term of the loan is 30 years with 0% interest. The maximum loan amount $3,170,935. Principal and interest are payable semi-annually on January 1 and July I. Annual principal payments are $105,919 and continue through the fiscal year ending 2045. In the event of a default, the full outstanding balance of the loan is due and payable. 43 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 7 - LONG-TERM LIABILITIES (Continued)
1. Business-type Activities - Direct Borrowings and Placements of Debt - California State Water Resources Control Board Revolving Loan (Continued) Annual debt service requirements for the loan are shown below:
Fiscal Year State Water Revolving Fund Loan
Ended June 30, Principal Interest Total
2022 $ 105,919 $ $ 105,919
2023 105,919 105,919
2024 105,919 105,919
2025 105,919 105,919
2026 105,919 105,919
2027-2031 529,595 529,595
2032-2036 529,595 529,595
2037-2041 529,595 529,595
2042-2045 423,674 423,674
$ 2,542,054 $ $ 2,542,054
2. Business-type Activities - Direct Borrowings and Placements of Debt - 2007 Wastewater Sewer Loans Series A and B
On May 2, 2008, the City issued $10,285,000 in debt to provide funds for construction of a Wastewater Treatment Plant and pledged the City's Sewer Fund as the specific revenue source for the repayment of the Loan. Interest is payable semi-annually on May 1 and November 1, at a rate of
4.25%. The outstanding principal balance is payable in annual installments, due each November I, ranging from $100,000 to $516,000 through the fiscal year ending 2045. In the event of a default, the full outstanding balance of the Loans are due and payable. This loan was defeased and refunded during the fiscal year ended June 30, 2021. See the note below for the 2020 Wastewater Refunding Bond for more information.
3. Business-type Activities - Direct Borrowings and Placements of Debt - 2011 Wastewater Bond
On March 1, 2011, the City issued $8,300,000 in debt to provide funds for the construction of a Wastewater Treatment Plant and pledged the City's Sewer Fund as the specific revenue source for the repayment of the Bond. Interest is payable semi-annually on May 1 and November 1, at a rate of
2.5%. The outstanding principal balance is payable in annual installments, due each November 1, ranging from $125,000 to $322,000 through the fiscal year ending 2045. In the event of a default, the full outstanding balance of the Loans are due and payable This loan was defeased and refunded during the fiscal year ended June 30, 2021. See the note below for the 2020 Wastewater Refunding Bond for more information.
44 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 7 - LONG-TERM LIABILITIES (Continued)
4. Business-type Activities- Direct Borrowings and Placements of Debt- 2015 Tax Compliance Certificates
On December 1, 2015, the City issued $3,350,945 in debt to provide for refunding and redemption of the outstanding 1993 Sewer Revenue Bonds and pledged the City's Sewer Fund as the specific revenue source for the repayment of the Bond. Interest on the bond is 3.84% and interest payments are due semi-annually on November 1 and May 1. Principal payments are due annually on November 1, ranging from $143,360 to $261,976 through the fiscal year 2033. In the event of a default, the full outstanding balance of the Loans are due and payable. Annual debt service requirements for the certificates are shown below:
Fiscal Year 2015 Tax Compliance Certificates
Ended June 30, Principal Interest Total
2022 $ 173,081 $ 95,631 $ 268,712
2023 179,727 88,857 268,584
2024 186,629 8 I ,823 268,452
2025 193,796 74,519 268,315
2026 201,237 66,934 268,171
2027-2031 I, 128,207 210,309 1,338,516
2032-2035 514,265 19,934 534,199
$ 2,576,942 $ 638,007 $ 3,214,949
5. Business-type Activities- Direct Borrowings and Placements of Debt - 2020 Wastewater Refunding Bond
On August 1, 2020 the City issued $16,055,000 in debt to provide for refunding and redemption of the outstanding 2007 Sewer Loans series A and Bas well as the 2011 Wastewater Bond and pledged the City's Sewer Fund as the specific revenue source for the repayment of the Bond. Interest on the bond is between 2.5% and 4% and interest payments are due semi-annually on November 1 and May I. Principal payments are due annually on November I, ranging from $130,000 to $885,000 through the fiscal year 2051. In the event of a default, the full outstanding balance of the Loans are due and payable. Annual debt service requirements for the certificates are shown below:
Fiscal Year
Ended June 30,
2022 $
2023
2024
2025
2026
2027-2031
2032-2036
2037-2041
2042-2046
2047-2051
$
2020 Wastewater Refunding Bond
Principal Interest Total
130,000
200,000
205,000
215,000
220,000
1,260,000
2,390,000
3,325,000
3,720,000
4,210,000
15,875,000
45 $
$
438,112 $
431,512
423,412
415,012
406,312
1,887,560
1,563,810
1,157,952
751,281
268,123
7,743,086 $
568,112
631,512
628,412
630,012
626,312
3,147,560
3,953,810
4,482,952
4,471,281
4,478,123
23,618,086 =======
CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 7 - LONG-TERM LIABILITIES (Continued)
Fiscal Year Total Business-type Activities
Ended June 30, Principal Interest
2022 $ 409,000 $ 533,743 $
2023 485,646 520,369
2024 497,548 505,235
2025 514,715 489,531
2026 527,156 473,246
2027-2031 2,917,802 2,097,869
2032-2036 3,433,860 1,583,744
2037-2041 3,854,595 1,157,952
2042-2046 4,143,674 751,281
2047-2051 4,210,000 268,123
$ 20,993,996 $ 8,381,093 $
6. Landfill Post-closure Costs
Total
942,743
1,006,015
1,002,783
1,004,246
1,000,402
5,0 I 5,671
5,017,604
5,012,547
4,894,955
4,478,123
29,375,089
The City's solid waste landfill was closed during the 1997 /98 fiscal year. State and federal laws and regulations require that the City place a final cover (closure) on its landfill when closed, and perform certain maintenance and monitoring functions (post-closure) at the landfill site for thirty years after closure. At June 30, 2000, the City had completed its landfill closure activities and, therefore, no closure liability is included in the accompanying financial statements. The City's estimated liability for the continuing landfill post-closure care costs at June 30, 2021 was $881,592. However, the actual cost of post-closure care may change due to inflation, changes in technology, or changes in landfill laws and regulations.
7. Compensated Absences
The City's policy relating to compensated absences is described in Note (1 ). Compensated absences are liquidated primarily by the General and Enterprise Funds. The total amount outstanding at June 30, 2021, was $146,955 for business-type activities and $479,393 for governmental activities.
NOTE 8 - JOINT POWER AGREEMENTS
The City is a member of various joint powers authorities, which provide goods for services to the City and other authority members. Under the criteria established by GASB No. 14, the City does not have sufficient authority, influence or accountability over these entities to incorporate them in this annual report.
Additionally, the City has determined that it has no ongoing financial interest in or responsibility for any of these organizations as defined by GASB No. 14. The names and general functions of these joint powers are as follows:
Redwood Empire Municipal Insurance Fund (REMIF):
A group of Northern California cities participate in this agreement to provide themselves with various levels of liability, property and workers' compensation insurance. REMIF is administered by a commission comprised of one member and one alternate appointed by each member city. The City provides for its general insurance needs through REMIF. During the fiscal year ended June 30, 2021, the City paid $202,708 to REMIF for insurance coverage. Beginning July 1, 2015 REM IF city members have become self-insured with their health benefits.
46 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 8 - JOINT POWER AGREEMENTS (Continued)
Mendocino Solid Waste Management Authority:
Mendocino Solid Waste Management Authority consists of three Mendocino County cities and the County of Mendocino. Mendocino Solid Waste Management Authority was created for the purpose ofa) siting, licensing, developing, constructing, maintaining, and operating disposal sites and sanitary landfills and b) preparing and implementing a solid waste management plan. Mendocino Solid Waste management Authority is governed by a commission comprised of one member for each city and two members who are appointed by the Mendocino County Board of Supervisors.
Mendocino Emergency Services Authority:
Mendocino Emergency Services Authority (Authority) consists of four Mendocino County cities and the County of Mendocino. The authority was created for the purpose of coordinating disaster and other emergency preparedness planning and recovery programs, training of employees and volunteers, administration of disaster recovery assistance programs, and other related activities. The Authority is governed by a commission comprised of one member from each member agency.
Solid Waste Disposal Facility Operations Agreement:
The City and the County of Mendocino have entered into an agreement for the purpose of joint ownership, maintenance and operation of the solid waste landfill serving the City and ce1tain unincorporated areas of the County of Mendocino. The City has been granted complete control of and authority over the administration, operation and maintenance of the landfill. The City and County will equally share the costs, associated with the landfill including the purchase of equipment and closure/post-closure costs. Due to the City's overall control of the landfill activity, the accompanying financial statements include I 00% of the landfill activity, including the liability for closure/post-closure costs described in Note 7.
NOTE 9 - CONTRACTED SERVICES
The City has entered into an agreement to provide services to persons living outside the City limits. The general purpose and description of this contract agreement is as follows:
Brooktrails Community Services District
The City has entered into an agreement with the District to provide the District with sewage treatment.
Under the terms of the agreement, the District is to reimburse the City for costs allocated to the District based on the ratio of total flow entering the treatment plant. The cost allocation was carried over from previous years. During the fiscal year ended June 30, 2015, the City settled a lawsuit with the District. The new District allocation of $22,000 per month began July I, 2015 as well as 36% of the bond payments.
NOTE 10 - CONTINGENCIES
Amounts received or receivable from grantor agencies are subject to audit and adjustment by grantor agencies, principally the federal government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures that may be disallowed by the grantor cannot be determined at this time although the City expected such amounts, if any, to be immaterial.
The City violated the National Primary Drinking Water Regulations maximum contaminant level for total Trihalomethanes (TTHMs) which is one of the contaminant standards required by the Safe Drinking Water Act. The cost of the violation to the City cannot be currently determined.
There are other pending lawsuits in which the City is involved. Although the outcome of these lawsuits is not presently determinable, it is the opinion of the City Attorney that the resolutions of these matters will not have a material adverse effect on the financial condition of the City. 47 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 11-DEFERRED COMPENSATION PLAN
The City offers its employees deferred compensation plans created in accordance with IRS Code Section 457. The plans, available to all City employees, permit employees to defer a portion of their salary until future years. Participation in the plans is optional. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. As explained previously, the City has adopted the provisions of GASB No. 32 and, therefore, assets and liabilities of these plans have been excluded from the accompanying financial statements.
NOTE 12 - PENSION PLAN
For purposes of measuring the net pension liability and deferred outflows/inflows ofresources related to pensions, and pension expense, information about the fiduciary net position of the Plans and additions to/deductions from the Plans' fiduciary net position have been determined on the same basis as they are reported by CalPERS Financial Office. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value.
A. General Information about the Pension Plan
Plan Descriptions - All qualified employees are eligible to participate in the City's separate Safety (police and fire) and Miscellaneous (all other) Plans, cost sharing defined benefit pension plans administered by the California Public Employees' Retirement System (CalPERS), which acts as a common investment and administrative agent for its participating member employers. Benefit provisions under the Plans are established by State statute and Local Government resolution.
CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website.
Bene.fits Provided- Cal PERS provides service retirement and disability benefits, annual cost ofliving adjustments and death benefits to plan members, who must be public employees and beneficiaries.
Benefits are based on years of credited service, equal to one year offull time employment. Members with five years of total service are eligible to retire at age 50 with statutorily reduced benefits. All members are eligible for non-duty disability benefits after IO years of service. The death benefit is one of the following: the Basic Death Benefit, the 1957 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost ofliving adjustments for each plan are applied as specified by the Public Employees' Retirement Law.
The Plans' provisions and benefits in effect at June 30, 2021, are summarized as follows:
Hire date
Benefit formula
Benefit vesting schedule
Benefit payments
Retirement age
Monthly benefits, as a% of eligible compensation
Required employee contribution rates
Required employer contribution rates
48 City Misc Plan
Prior to January I,
2013
2.7%@55
5 Years Service
Monthly for life
55-55
2.0% to2.5%
8%
11.57%
On or after January I,
2013
2%@62
5 Years Service
Monthly for life
52-67
l.0%to2.5%
6.25%
6.84%
CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 12 - PENSION PLAN (Continued)
A. General Information about the Pension Plan (Continued) Ci!):: Safe!):: Plan
Prior to January 1, On or after January I, On or after January I, Hire date 2012 2012 2013
Benefit formula 3.0%@50 3.0%@55 2.7%@57
Benefit vesting schedule 5 Years Service 5 Years Service 5 Years Service Benefit payments Monthly for life Monthly for life Monthly for life Retirement age 50-55 50-55 50-57
Monthly benefits, as a% of eligible compensation 3.00% 2.4% to 3.0% 2.0% to2.7% Required employee contribution rates 9% 12.00% 12.00%
Required employer contribution rates 19.42% 12.14% 12.14% Contributions - Section 20814( c) of the California Public Employees' Retirement Law requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on the July I following notice of a change in the rate. Funding contributions for both Plans are determined annually on an actuarial basis as of June 30 by CalPERS.
The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the fiscal year, with an additional amount to finance any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees.
B. Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions
As of June 30, 2021, the City reported net pension liabilities for its proportionate share of the net pension liability of the Plan as follows:
$
Proportionate Share of Net Pension
Liability
Misc. Plan Safety Plan
6,086,133 $ 3,772,924 =========
The City's net pension liability for the Plan is measured as the proportionate share of the net pension liability. The net pension liability of the Plan is measured as of June 30, 2020, and the total pension liability for the Plan used to calculate the net pension liability was determined by an actuarial valuation as of June 30, 2019 rolled forward to June 30, 2020 using standard update procedures. The City's proportion of the net pension liability was based on a projection of the City's long-term share of contributions to the pension plans relative to the projected contributions of all participating employers, actuarially determined. The City's proportionate share of the net pension liability for the Plan as of June 30, 2019 and 2020 was as follows:
Proportion -June 30, 2019
Proportion -June 30, 2020
Change - Increase (Decrease)
49 City Miscellaneous
Plan
0.144400%
0.144290%
-0.000110%
City Safety
Plan
0.057470%
0.056630%
-0.000840%
CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 12 - PENSION PLAN (Continued)
B. Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
For the fiscal year ended June 30, 2021, the City recognized pension expense of$1,085, 745. At June 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources:
Pension contributions subsequent to measurement date
Net differences between projected and actual earnings
on pension plan investments
Differences based on actual experience
Differences based on change of assumptions
Differences between actual vs proportionate contribution Adjustment due to differences in proportions
Total
Deferred
Outflows of
Resources
$1,197,893
262,800
606,208
47,01 I
$2,113,912
Deferred
Inflows of
Resources
$
(55,977)
(36,843)
(171,872)
$ (264,692)
$1,197,893 reported as deferred outflows of resources related to contributions subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the fiscal year ended June 30, 2022. Other amounts reported as deferred outflows ofresources and deferred inflows of resources related to pensions and will be recognized as pension expense as follows:
Fiscal Year Ended
June 30, Amount
2022 $ 42,560
2023 271,584
2024 209,380
2025 127,803
Total $ 651,327
The City's net pension liability for each Plan is measured as the total pension liability, less the pension plan's fiduciary net position. The net pension liability of each of the Plans is measured as of June 30, 2020, using an annual actuarial valuation as of June 30, 2019 rolled forward to June 30, 2020 using standard update procedures. A summary of principal assumptions and methods used to determine the net pension liability is shown below.
50 CITY OF WILLITS
NOTES TO BASIC FINANCIAL ST A TEMENTS
June 30, 2021
NOTE 12 - PENSION PLAN (Continued)
B. Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
Actuarial Assumptions - The total pension liabilities in the June 30, 2019 actuarial valuations were determined using the following actuarial assumptions:
Miscellaneous
June 30, 2019
June 30, 2020
Safety
June 30, 2019
June 30, 2020
Valuation Date
Measurement Date
Actuarial Cost Method
Actuarial Assumptions:
Entry-Age Normal Cost Method
Discount Rate
Inflation
Payroll Growth
7.15%
2.50%
3.00%
3.30%-14.20% (I)
7.50% (2)
7.15%
2.50%
3.00%
3.30%-14.20% (I)
7.50% (2)
Projected Salary Increase
Investment Rate of Return
Mortality Derived using CalPERS' Membership Data for all Funds (1) Depending on age, service and type of employment
(2) Net of pension plan investment expenses, including inflation The underlying mortality assumptions and all other actuarial assumptions used in the June 30, 2017 valuation were based on the results of a January 2014 actuarial experience study for the period 1997 to 2011. Further details of the Experience Study can found on the CalPERS website.
Discount Rate - The discount rate used to measure the total pension liability was 7.15% for each Plan.
To determine whether the municipal bond rate should be used in the calculation of a discount rate for each plan, CalPERS stress tested plans that would most likely result in a discount rate that would be different from the actuarially assumed discount rate. Based on the testing, none of the tested plans run out of assets. Therefore, the current 7 .15 percent discount rate is adequate and the use of the municipal bond rate calculation is not necessary. The long term expected discount rate of 7 .15 percent will be applied to all plans in the Public Employees Retirement Fund (PERF). The stress test results are presented in a detailed report that can be obtained from the CalPERS website.
CalPERS was scheduled to review all actuarial assumptions as part of its regular Asset Liability Management (ALM) review cycle that was scheduled to be completed in February 2018. Any changes to the discount rate will require Board action and proper stakeholder outreach. For these reasons, CalPERS expects to continue using a discount rate net of administrative expenses for GASB 67 and 68 calculations through at least the 201 7-18 fiscal year. CalPERS will continue to check the materiality of the difference in calculation until such time as we have changed our methodology.
The long-term expected rate ofreturn on pension plan investments was determined using a buildingblock method in which best-estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class.
51 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 12 - PENSION PLAN (Continued)
B. Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
In determining the long-term expected rate of return, CalPERS took into account both short-term and long-term market return expectations as well as the expected pension fund cash flows. Using historical returns of all the funds' asset classes, expected compound returns were calculated over the short-term (first l O years) and the long-term (11-60 years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of return was set by calculating the single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equivalent to the single equivalent rate calculated above and rounded down to the nearest one quarter of one percent.
The table below reflects the long-term expected real rate of return by asset class. The rate ofreturn was calculated using the capital market assumptions applied to determine the discount rate and asset allocation. These rates of return are net of administrative expenses.
New Strategic Real Return Year I Real Return Years
Asset Class Allocation I0(a) 1 l+(b)
Global Equity 51.00% 5.25% 5.71%
Global Fixed Income 20.00% 0.99% 2.43%
Inflation Sensitive 6.00% 0.45% 3.36%
Private Equity 10.00% 6.83% 6.95%
Real Estate 10.00% 4.50% 5.13%
Infrastructure and Forestland 2.00% 4.50% 5.09%
Liquidity 1.00% -0.55% -1.05%
Total 100.00%
Sensitivity ofthe Net Pension Liability to Changes in the Discount Rate -The following presents the net pension liability of the Local Government for each Plan, calculated using the discount rate for each Plan, as well as what the City's net pension liability would be if it were calculated using a discount rate that is l percentage point lower or l percentage point higher than the current rate:
Miscellaneous Safe!l:
1% Decrease 6.15% 6.15%
Net Pension Liability $8,788,792 $5,551,619
Current Discount Rate 7.15% 7.15%
Net Pension Liability $6,086,133 $3,772,924
1% Increase 8.15% 8.15%
Net Pension Liability $3,853,01 l $2,313,336
Pension Plan Fiduciary Net Position - Detailed information about each pension plan's fiduciary net position is available in the separately issued CalPERS financial reports. 52 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 13 - SUCCESSOR AGENCY TRUST FOR ASSETS OF FORMER REDEVELOPMENT AGENCY
On December 29, 2011, the California Supreme Court upheld Assembly Bill lX 26 ("the Bill") that provides for the dissolution of all redevelopment agencies in the State of California. This action impacted the reporting entity of the City of Willits (City) that previously had reported a redevelopment agency within the reporting entity of the City as a blended component unit.
The Bill provides that upon dissolution of a redevelopment agency, either the city or other unit of local government will agree to serve as the "successor agency" to hold the assets units until they are distributed to other units of state and local government. On January 10, 2012, the City Council elected to become the Successor Agency for the former redevelopment agency in accordance with the Bill as part of the City resolution number 2012-04. After enactment of the law, which occurred on June 28, 2011, redevelopment agencies in the State of California cannot enter into new projects, obligations or commitments. Subject to the control of a newly established oversight board, remaining assets can only be used to pay enforceable obligations in existence as of the date of the dissolution (including the completion of any unfinished projects that were subject to legally enforceable contractual commitments). Successor agencies will only be allocated revenue in the amount that is necessary to pay the estimated annual installment payments on enforceable obligations of former redevelopment agency until all enforceable obligations of the prior redevelopment agency have been paid in full and all assets have been liquidated.
Long-term debt of the Successor Agency as of June 30, 2021, consisted of the following:
Balance Balance Due within
June 30, 2020 Additions Deletions June 30, 2021 one ear 2020 Tax Allocation Refunding Bonds $ 1,541,112 $ $ (299,865) $ 1,241,247 $ 297,562 Totals $ 1,541,112 $ $ (299,865) $ 1,241,247 $ 297,562
Tax Allocation Refunding Bonds - Series 2020
The former redevelopment agency issued $1,541,112 of tax allocation refunding bonds on January 14, 2020 to refund the Tax Allocation Bonds - Series 2002. Annual debt service requirements for the bond are shown below:
Fiscal Year 2020 Tax Allocation Refunding Bonds
Ended June 30, Principal Interest Total
2022 $ 297,562 $ 25,892 $ 323,454
2023 302,364 18,783 321,147
2024 316,530 11,449 327,979
2025 324,791 3,849 328,640
$ 1,241,247 $ 59,973 $ 1,301,220
53 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 14 - OTHER POST EMPLOYMENT BENEFITS
The City does not offer other post-employment benefits.
NOTE 15 - NON-COMMITMENT DEBT
The City has sponsored the issuance of $5,500,000 of Certificates of Participation for Frank R.
Howard Foundation, a nonprofit corporation. The Trust agreement is dated July 1, 2015. The funds will be used for construction; installation and furnishing of a single story 16,000 square foot medical office. The medical office will be located at 3 Marcela Drive in Willits, California. The City is not liable for repayment of the debt but was assisting the Frank R. Howard Foundation to obtain tax exempt financing.
NOTE 16 - RISK MANAGEMENT/JOINT VENTURE
A. Risk Management
The City of Willits is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omission; injuries to employees; and natural disasters. The City participates in a public entity risk pool for workers' compensation, general liability and property insurance coverage. During fiscal year 2019-20, there were no significant reductions in insurance coverage. There has also been no significant variance in insurance coverages within the last 3 fiscal years.
B. Risk Pool Arrangements
The City is an associate member of the Redwood Empire Municipal Insurance Fund (REMIF), a public entity pool comprised of fifteen northern California charter and associate member cities.
REMIF is organized under a Joint Powers Agreement pursuant to the California Government Code.
The purpose ofREMIF is to arrange and administer programs of insurance for the pooling of selfinsured losses and to purchase excess insurance coverage.
For each of its insurance programs, REMIF has a multilevel risk sharing arrangement. Initially each individual charter or associate member city participating in a program assumes its own losses up to a predetermined deductible level. Losses and claims in excess of the deductibles and within REMIF's stated retention limits are paid out of a central pool maintained by REMIF. This central pool is funded by all of the cities participating in that program through premium assessments.
REMIF purchases excess loss insurance policies (reinsurance) to provide coverage for losses and claims in excess of REMIF's stated retention limits up to specified amounts. Losses and claims ceded to re insurers would represent a contingent liability to REMIF if the re insurers were unable to meet their existing obligations under the reinsurance agreements. Losses and claims which surpass the limits of the excess of loss insurance policies are the responsibility of the individual city in which the loss or claim originates.
The City of Willits participates in the following REMIF programs:
General Liability Insurance - Annual premiums are paid by the member cities and are adjusted retrospectively to cover costs. The City of Willits self-insures for the first $5,000 of each loss and pays 100% of all losses incurred under $5,000. The City does not share or pay for losses of other cities under a range of between $5,000 to $25,000, depending on the entity's deductible amount.
Participating cities then share in the next $5,000 to $500,000 per loss occurrence. Specific coverage includes comprehensive and general liability, personal injury, contractual liability, professional liability, and certain other coverage. REMIF is a member of the California Joint Powers Risk Management Authority, which provides REM IF with an additional $39,500,000 liability insurance coverage over and above REMIF retention level of $500,000. 54 CITY OF WILLITS
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2021
NOTE 16 - RISK MANAGEMENT/JOINT VENTURE (Continued)
B. Risk Pool Arrangements (Continued)
Worker's Compensation - Periodic deposits are paid by member cities and are adjusted retrospectively to cover costs. The City of Willits is self-insured for the first $10,000 of each loss and pays 100% of all losses incurred under $10,000. The City does not share or pay for losses of other cities under $10,000. Excess worker's compensation insurance coverage is maintained with a limit of $1,000,000 to protect against catastrophic losses.
Property Insurance -The City of Willits maintains the following property insurance coverages:
Automobile - Loss limit: Stated Value. Deductible: $10,000.
Boiler/Machinery- Loss limit: $100 million. Deductible: $5,000.
Cyber Coverage - Loss Limit: $2 million. Deductible: $100,000.
Pollution: - Loss Limit: $2 million. Deductible: $100,000.
Property Loss: Loss Limit: $400 million. Deductible: $10,000 ( excludes flood, earthquake, and boiler/machinery.
Earthquake and Flood - Loss Limit: $20 million. Deductible: $100,000.
The following is a summary of the financial statements of REMIF as of and for the fiscal year ended June 30, 2020:
Total Assets $ 34,311,556
Total Deferred Outflows 659,939
Total Liabilities 31,672,831
Total Deferred Inflows 185,787
Total Net Position 3,112,877
Total Revenues 30,510,306
Total Expenses 28,800,927
Increase in Net position 1,709,379
NOTE 17 - COMMITMENTS AND CONTIGENCIES
There are various lawsuits and claims against the City. Although the outcomes of these lawsuits and claims is not presently determinable, management, after consultation with legal counsel is of the opinion will not have an material adverse effect on the financial condition of the City as of June 30, 2020.
NOTE 18 - PRIOR PERIOD ADJUSTMENTS
A prior period adjustment of$( I 2,455) was made in the Statement of Activities and Airport Fund due to an understatement of accumulated depreciation in the prior fiscal year. 55 This page left intentionally blank
56 REQUIRED SUPPLEMENTAL INFORMATION
CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
GENERAL FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Budget
Budgeted Amounts Actual Positive
Original Final Amounts (Negative)
Revenues
Property Taxes $ 417,500 $ 417,500 $ 524,067 $ 106,567
Sales and Use Taxes 1,618,100 1,618,100 1,888,733 270,633 Business License Taxes 146,412 146,412 147,997 1,585
Franchise Fees 253,065 253,065 313,106 60,041
Transient Occupancy Taxes 340,470 340,470 442,979 102,509 Other Taxes 848,273 848,273 577,947 (270,326)
Licenses and Permits 123,077 123,077 121,039 (2,038)
Interest 38,750 38,750 5,012 (33,738)
Charges for Services 166,350 166,350 783,952 617,602
Intergovernmental 767,263 767,263 694,200 (73,063)
Other 75,000 75,000 446,842 371,842
Total Revenues 4,794,260 4,794,260 5,945,874 1,151,614
Expenditures
Current:
General Government 1,500,193 1,500,193 2,007,424 (507,231) Planning 335,367 335,367 418,181 (82,814)
Community Service 198,443 198,443 40,346 158,097
Public Safety 2,420,666 2,420,666 2,579,592 (158,926)
Public Works 347,229 347,229 262,086 85,143
Parks and Recreation 162,555 162,555 211,294 (48,739)
Total Expenditures 4,964,453 4,964,453 5,518,923 (554,470) Excess (Deficiency) of Revenues Over
(Under) Expenditures (170,193) (170,193) 426,951 597,144 Other Financing Sources (Uses):
Transfers Out (189,811) (189,811) (77,292) 112,519
Total Other Financing Sources (Uses) (189,811) (189,811) (77,292) 112,519 Net Change in Fund Balance (360,004) (360,004) 349,659 709,663 Fund Balance - July 1, 2020 2,809,354 2,809,354 2,809,354 Fund Balance - June 30, 2021 $ 2,449,350 $ 2,449,350 $ 3,159,013 $ 709,663 57 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
SALES TAX SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Budgeted Amounts Final Budget
Original Final Actual Positive (Negative)
Revenues
Sales and Use Taxes $ 870,000 $ 870,000 $ 1,107,686 $ 237,686 Interest 28,000 28,000 29,662 1,662
Charges of services 9,150 9,150 (9,150)
Intergovernmental 441,181 441,181
Total Revenues 907,150 907,150 1,578,529 671,379
Expenditures
Current:
Public Works 391,694 391,694 446,562 (54,868)
Capital Outlay I, 170,578 1,170,578 496,810 673,768
Total Expenditures 1,562,272 1,562,272 943,372 618,900
Excess (Deficiency) of Revenues Over
(Under) Expenditures (655,122) (655,122) 635,157 1,290,279 Other Financing Sources (Uses):
Transfers Out (21,249) (21,249) 21,249
Total Other Financing Sources (Uses) (21,249) (21,249) 21,249 Net Change in Fund Balance (676,371) (676,371) 635,157 1,311,528 Fund Balance - July 1, 2020 2,373,988 2,373,988 2,373,988 Fund Balance - June 30, 2021 $ 1,697,617 $ 1,697,617 $ 3,009,145 $ 1,311,528 58 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
GAS TAX SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Budgeted Amounts Final Budget
Original Final Actual Positive (Negative)
Revenues
Interest $ $ $ 4 $ 4
Other Taxes 135,484 135,484 132,994 (2,490)
Charges for Services 3,953 3,953
Intergovernmental 94,028 94,028
Total Revenues 135,484 135,484 230,979 95,495
Expenditures
Current:
Public Works 156,210 156,210 302,716 (146,506)
Total Expenditures 156,210 156,210 302,716 (146,506)
Excess (Deficiency) of Revenues Over
(Under) Expenditures (20,726) (20,726) (71,737) (51,011) Other Financing Sources (Uses):
Transfers In 21,249 21,249 (21,249)
Total Other Financing Sources (Uses) 21,249 21,249 (21,249) Net Change in Fund Balance 523 523 (71,737) (72,260)
Fund Balance - July 1, 2019 75,075 75,075 75,075
Fund Balance - June 30, 2020 $ 75,598 $ 75,598 $ 3,338 $ (72,260) 59 CITY OF WILLITS
REQUIRED SUPPLEMENTAL INFORMATION
JUNE 30, 2021
Cost Sharing Defined Benefit Pension Plans
Schedule of the City's Proportionate Share of the Net Pension Liability - Last 10 Years* June 30, 2021 June 30, 2020 June 30, 2019
Miscellaneous Miscellaneous Miscellaneous
Plan Safet1 Plan Plan Safctt Plan Plan Safe!:)'. Plan
Proportion of the net pension liability 0.144290% 0.056630% 0.144400% 0.059340% 0.144900% 0.059010% Proportionate share of the net pension liability s 6,086,133 $ 3,772,924 $ 5,782,463 $ 3,545,788 $ 5,461,003 $ 3,462,358 Covered-employee payroll $ 1,995,01 I $ 838,234 $ 1,844,079 $ 665,707 $ 1,798,882 $ 537,809 Proportionate Share of the net pension liability
as a percentage of covered-employee payroll 305.07% 450.10% 313.57% 532.63% 303.58% 643.79% Plan's fiduciary net position $ 14,255,123 $ 9,945,145 $ 13,500,184 $ 9,057,376 $ 19,014,416 $ 9,551,447 Plan's total pension liability $ 20,341,256 $ 13,718,069 $ 19,282,647 $ 12,644,758 $ 27,035,996 s 13,565,469 Plan fiduciary net position as a percentage of
total pension liability 70.08% 72.50% 70.01% 71.63% 70.33% 70.41% June 30, 2018 June 30, 2017 June 30, 2016
Miscellaneous Miscellaneous Miscellaneous
June 30, 2015
Miscellaneous
Plan Safe!:)'. Pk1n Plan Safet1 Plan Plan Safety Plan Plan Safe!:)'. Plan Proportion of the net pension liability 0.142270% 0.059340% 0.143320% 0.093130% 0.152275% 0.067911% 0.151177% 0.067559% Proportionate share of the net pension liability $ 5,608,277 $ 3,545,788 $ 4,978,929 $ 3.235,381 $ 4,177,620 $ 2,798,221 $ 3,736,327 $ Covered-employee payroll $ 1,678,686 $ 587,395 s 1,743,044 $ 747,527 $ 1,612,018 $ 773,076 s 1,577,211 $ Proportionate Share of the net pension liability
as a percentage of covered-employee payroll 334.09% 603.65% 285.65% 432.81% 259.15% 361.96% 236.89% Plan's fiduciary net position $ 17,178,465 $ 9,001,638 $ 11,065,481 $ 6,687,054 $ 11,402,375 $ 6,825,730 $ 11,269,690 s PL1n's total pension liability $ 22,786,742 $ 12,547,426 $ 16,044,41 I $ 9,922,435 s 15,579,995 $ 9,623,951 $ 15,006,017 s Pbn fiduciary net position as a pcrci:ntag of
total pension liability 75.39% 71.74 0 68.97% 67.39"'0 73.19% 70.92° /0 75. lO 'o
Notes to Schedule
Change in Benefit Terms: The figures above do not include any liability impact that may have resulted from plan changes which occurred after June 30, 2013 as they have minimal cost impact This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a Golden Handshakes).
Change in Assumptions: Discount rate has changed to 7.15% in fiscal year 2017. *Fiscal year 2015 was the 1
st year of implementation, therefore only seven years are shown. 60 2,534,118
785,122
322.77%
6,833,187
9,367,305
72.95°10
CITY OF WILLITS
REQUIRED SUPPLEMENTAL INFORMATION
JUNE 30, 2021
Cost Sharing Defined Benefit Pension Plans
Schedule of Contributions - Last IO Years*
June 30. 2021 June 30. 2020 June 30. 20 I 9
Contractual required contribution (actuarially
determined)
Contributions in relation to the actuarially
determined contributions
Contribution deficiency (excess)
Covered employee payroll
Contributions as a percentage of covered
employee payroll
Miscellaneous
Plan
$ 541.588 $
(541,588)
$ $
$ 2,089,451 $
25.92%
Safety Miscellaneous
Plan Plan
544. 157 $ 598,503
(544,157) (598,503)
$
6 I 5,479 $ 2,103,326
88.41% 28.46%
Safety Miscellaneous Safety
Plan Plan Plan
$ 414,634 $ 5 I 3,332 s 321,412
(414,634) (513,332) (321,412)
$ $ $
$ 729,919 $ 1,844,079 $ 665,707
56.81% 27.84% 48.28%
June 30, 2018 June 30, 20 I 7 June 30, 2016 June 30, 2015 Contractual required contribution ( actuarially
detennined)
Contributions in relation to the actuarially
detennined contributions
Contribution deficiency (excess)
Covered employee payroll
Contributions as a percentage of covered
employee payroll
Notes to Schedule
Miscellaneous Safety Miscellaneous Safety Miscellaneous Plan Plan Plan Plan Plan
$ 470.671 $ 338,047 $ 448,765 $ 370,313 $ 331,977 $
(470,671) (338,047) (448,765) (370,313) (331,977)
$ $ $ $ s $
s 1,798,882 $ 537,809 s 1,678,686 $ 587,395 $ 1,743,044 $
26.16% 62.86% 26.73% 63.04% 19.05%
Valuation Date: June 30, 2019
Methods and assumptions used to determine contributions rates:
Actuarial Cost Method
Amortization Method
Asset Valuation Method
Inflation
Salary Increase
Investment Rate of Return
Mortality Rate Table (
])
Entry Age Normal Cost Method
Level Percent of Payroll
Market Value
2.50%
3.30% to 14.2 %
7.15%
Derived using CalPERS Data
Safety Miscellaneous
Plan Plan
236,700 $ 332,087 s
(236,700) (332,087)
$ s
747,527 $ 1,612,018 s
31.66% 20.60%
<
1>The mortality table was developed based on CalPERS' specific data. The table includes 20 years of mortality improvements using Society of Actuaries Scale BB. For more details on this table, please refer to the 2014 experience study report.
*Fiscal year 2015 was the 1
81 year of implementation, therefore only seven years are shown. 61 Safety
Plan
285,632
(285,632)
773,076
36.95%
OTHER SUPPLEMENTAL INFORMATION
CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
CAP IT AL OUTLAY CAPITAL PROJECTS FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Charges of services $ 5,000 $ $ (5,000)
Intergovernmental 824,074 206,294 (617,780)
Other 77,463 (77,463)
Total Revenues 906,537 206,294 (700,243)
Expenditures
Capital Outlay 925,447 220,426 705,021
Total Expenditures 925,447 220,426 705,021
Excess (Deficiency) of Revenues Over
(Under) Expenditures (18,910) (14,132) 4,778
Other Financing Sources (uses):
Transfers In 96,373 (96,373)
Total Other Financing Sources (Uses) 96,373 (96,373)
Net Change in Fund Balance 77,463 (14,132) (91,595)
Fund Balance - July I, 2020 230,641 230,641
Fund Balance - June 30, 2021 $ 308,104 $ 216,509 $ (91,595) 62 NONMAJOR GOVERNMENTAL FUNDS
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes.
Haehl Creek Fund was established to account for the development of improvements at the intersections of Baechtel Road with South Main Street or along the Haehl Creek Drive, East Hill Road, or Baechtel Road corridors.
LEAA Fund was established to account for revenue and expenditures associated with the Law Enforcement Assistance Administration Program.
Narcotics Forfeiture Fund was established to account for funds distributed to the Willits Police Depa1tment in accordance with law as a result of a local or state narcotics forfeiture and/or seizure. As required by law these funds will be utilized exclusively to support the law enforcement and prosecutor efforts of the Willits Police Department.
Business Rehab Fund was established to account for funds set aside for the business rehabilitation program loans and to account for revenues and expenditures associated with repayment and disbursement of loans.
Vehicle Abatement Fund was established to account for funds received as part of the CHP abandoned vehicle abatement program.
HSG Rehab Fund was established to account the CDBG Housing Rehabilitation program loans.
DNA Cost Reimb Fund was established to account for funds distributed to the Willits Police Department in accordance with California State laws for funds from the State Department of Justice.
H&S Restitution Fund was established to account for funds distributed to the Willits Police Department by offenders whose actions have caused resources to be expended to remediate their operations/locations, according to the District Attorney's 11470.2 H&S Restitution Fund.
Business Loan Fund was established to account for local small business loans and to account for revenues and expenditures associated with repayment and disbursement of loans.
Traffic Safety Fund was established to account for funds received and utilized for traffic safety.
HSB Rehab Revolving Fund was established to account the CDBG Housing Rehabilitation loans and to account for revenues and expenditures associated with repayment and disbursement of loans.
Lateral Repair Loan Fund was established to account for loans given by the City for residents to make necessary repairs to sewer lateral improvement and repairs.
Measure K Sales Tax Fund was established to account for revenue and expenditures associated with the local Measure K sales tax.
63 CITY OF WILLITS
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENT AL FUNDS
June 30, 2021
Special Revenue Funds
LEAA Narcotics Business Vehicle
Haehl Creek Program Forfeiture Rehab Abatement HSG Rehab Assets
Cash and Investments $ 126,710 $ 48,401 $ 62,668 $ 4,037 $ 4,422 $ Accounts Receivable
Interest Receivable 82 4
Loans Receivable 220,984
Total Assets $ 126,792 $ 48,405 $ 62,668 $ 4,037 $ 4,422 $ 220,984 Liabilities
Accounts Payable $ $ $ 359 $ $ $
Deposits Payable 4,066
Due to other Funds 2,656
Total Liabilities 4,425 2,656
Fund Balances
Restricted 126,792 48,405 58,243 4,037 4,422 218,328
Total Fund Balances 126,792 48,405 58,243 4,037 4,422 218,328 Total Liabilities and Fund Balances $ 126,792 $ 48,405 $ 62,668 $ 4,037 $ 4,422 $ 220,984 64 CITY OF WILLITS
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDS
June 30, 2021
Special Revenue Funds Total
Nonmajor
DNA Cost H&S Business Traffic HSG Rehab Lateral Measure K Governmental Reimb Restitution Loan Safety Revolving Repair Loan Sales Tax Funds $ 38,328 $ 50,374 $ 98,938 $ 37,510 $ 87,774 $ 35,037 $ 105,282 $ 699,481 712 712
86 220,984
$ 38,328 $ 50,374 $ 98,938 $ 38,222 $ 87,774 $ 35,037 $ 105,282 $ 921,263 $ $ $ $ 290 $ $ $ $ 649
4,066
2,656
290 7,371
38,328 50,374 98,938 37,932 87,774 35,037 105,282 913,892 38,328 50,374 98,938 37,932 87,774 35,037 105,282 913,892 $ 38,328 $ 50,374 $ 98,938 $ 38,222 $ 87,774 $ 35,037 $ 105,282 $ 921,263 65 CITY OF WILLITS
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENT AL FUNDS
For the Fiscal Year Ended June 30, 2021
Special Revenue Funds
LEAA Narcotics Business Vehicle
Hach! Creek Program Forfeiture Rehab Abatement
Revenues:
Sales and Use Taxes $ $ $ $ $
Interest 575 27
Charges for Services 16,000
Intergovernmental 10,500 50,239
Total Revenues 16,000 10,500 50,814 27
Expenditures:
Current:
Community Development 8,639
Public Safety 13,472 43,567
Total Expenditures 8,639 13,472 43,567
Excess (Deficiency) of Revenues
over (Under) Expenditures 7,361 (2,972) 7,247 27
Net Change in Fund Balances 7,361 (2,972) 7,247 27
Fund Balances - July I, 2020 119,431 51,377 50,996 4,010 4,422 Fund Balances - June 30, 2021 $ 126,792 $ 48,405 $ 58,243 $ 4,037 $ 4,422 66 HSG Rehab
$
4,499
4,499
3,083
3,083
1,416
1,416
216,912
$ 218,328
$
$
CITY OF WILLITS
COMBINING STATEMENT OF REVENlJES, EXPENDITlJRES, AND CHANGES IN FlJND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
For the Fiscal Year Ended June 30, 2021
Special Revenue Funds Total
Nonmajor
DNA Cost H&S Business Traffic HSG Rehab Lateral Measure K Governmental Reimb Restitution Loan Safety Revolving Repair Loan Sales Tax Funds $ $ $ $ $ - $ 105,282 $ 105,282
II 151 178 150 5,591
3,292 2,304 21,596
60,739
3,303 151 178 2,304 150 105,282 193,208
11,722
12,725 69,764
12,725 81,486
3,303 151 178 (10,421) 150 105,282 111,722
3,303 151 178 (10,421) 150 105,282 111,722
35,025 50,223 98,760 48,353 87,624 35,037 802,170
38,328 $ 50,374 $ 98,938 $ 37,932 $ 87,774 $ 35,037 $ 105,282 $ 913,892 67 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
HAEHL CREEK SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Interest $ 1,000 $ $ (1,000)
Charges of services 16,000 16,000
Total Revenues 1,000 16,000 15,000
Expenditures
Current:
Community Development 8,639 (8,639)
Total Expenditures 8,639 (8,639)
Excess (Deficiency) of Revenues Over
(Under) Expenditures 1,000 7,361 6,361
Net Change in Fund Balance 1,000 7,361 6,361
Fund Balance - July 1, 2020 l 19,431 119,431
Fund Balance - June 30, 2021 $ 120,431 $ 126,792 $ 6,361 68 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
LEAA PROGRAM SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Interest $ 600 $ $ (600)
Intergovernmental 10,500 10,500
Total Revenues 600 10,500 9,900
Expenditures
Current:
Public Safety 13,472 (13,472)
Total Expenditures 13,472 (13,472)
Excess (Deficiency) of Revenues Over
(Under) Expenditures 600 (2,972) (3,572)
Net Change in Fund Balance 600 (2,972) (3,572)
Fund Balance - July l, 2020 51,377 51,377
Fund Balance - June 30, 2021 $ 51,977 $ 48,405 $ (3,572) 69 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
NARCOTICS FORFEITURE SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Interest $ $ 575 $ 575
Intergovernmental 50,239 50,239
Total Revenues 50,814 50,814
Expenditures
Current:
Public Safety 43,567 (43,567)
Capital Outlay 35,000 35,000
Total Expenditures 35,000 43,567 (8,567)
Excess (Deficiency) of Revenues Over
(Under) Expenditures (35,000) 7,247 42,247
Net Change in Fund Balance (35,000) 7,247 42,247
Fund Balance - July I, 2020 50,996 50,996
Fund Balance - June 30, 2021 $ 15,996 $ 58,243 $ 42,247 70 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
HSG REHAB SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Interest $ 21 $ 4,499 $ 4,478
Total Revenues 21 4,499 4,478
Expenditures
Current:
Community Development 4,114 3,083 1,031
Total Expenditures 4,114 3,083 1,031
Excess (Deficiency) of Revenues Over
(Under) Expenditures (4,093) 1,416 5,509
Net Change in Fund Balance (4,093) 1,416 5,509
Fund Balance - July 1, 2020 216,912 216,912
Fund Balance - June 30, 2021 $ 212,819 $ 218,328 $ 5,509 71 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
H&S RESTITUTION SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Interest $ $ 151 $ 151
Total Revenues 151 151
Expenditures
Current:
Public Safety 15,000 15,000
Total Expenditures 15,000 15,000
Excess (Deficiency) of Revenues Over
(Under) Expenditures (15,000) I 51 15,151
Net Change in Fund Balance (15,000) 151 15,151
Fund Balance - July 1, 2020 50,223 50,223
Fund Balance - June 30, 2021 $ 35,223 $ 50,374 $ 15,151 72 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
BUSINESS LOAN SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Revenues
Interest
Total Revenues
Excess (Deficiency) of Revenues Over
(Under) Expenditures
Net Change in Fund Balance
Fund Balance - July I, 2020
Fund Balance - June 30, 2021
$
$
Final
Budget
500 $
500
500
500
98,760
99,260 $
73 Actual
Variance with
Final Budget
Positive (Negative)
178 $ (322) --------'---'-
178 (322)
178 (322)
178 (322)
98,760
98,938 $ (322) =========
CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
TRAFFIC SAFETY SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Variance with
Final Final Budget
Budget Actual Positive (Negative)
Revenues
Charges for Services $ 7,350 $ 2,304 $ (5,046)
Total Revenues 7,350 2,304 (5,046)
Expenditures
Current:
Public Safety 13,548 12,725 823
Total Expenditures 13,548 12,725 823
Excess (Deficiency) of Revenues Over
(Under) Expenditures (6,198) (10,421) (4,223)
Net Change in Fund Balance (6,198) (10,421) (4,223)
Fund Balance - July I, 2020 48.353 48,353
Fund Balance - June 30, 2021 $ 42,155 $ 37,932 $ (4,223) 74 CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
HSG REHAB REVOLVING SPECIAL REVENUE FUND
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Revenues
Interest
Total Revenues
Excess (Deficiency) of Revenues Over
(Under) Expenditures
Net Change in Fund Balance
Fund Balance - July I, 2020
Fund Balance - June 30, 2021
$
$
Final
Budget
500 $
500
500
500
87,624
88,124 $
75 Actual
Variance with
Final Budget
Positive (Negative)
150 $ (350) ----------'-
150 (350)
150 (350)
150
87,624
(350)
87,774 $ (350) =========
CITY OF WILLITS
SCHEDULE OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
LATERAL REPAIR LOAN SPECIAL REVENUE FUNDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Revenues
Miscellaneous
Total Revenues
Excess (Deficiency) of Revenues Over
(Under) Expenditures
Net Change in Fund Balance
Fund Balance - July I, 2020
Fund Balance - June 30, 2021
$
$
Final
Budget
20 $
Actual
Variance with
Final Budget
Positive (Negative)
$ (20) ------
20 20
20 35,037
35,057 $
76 (20)
(20)
(20)
35,037
35,037 $ (20) ============
NONMAJOR PROPRIETARY FUNDS
PROPRIETARY FUNDS
Proprietary funds are used to account for operations that are financed and operated in a manner similar to private business enterprises - for these funds, it is the intent of the City Council that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges.
Solid Waste - This fund is used to account for revenues and expenses associated with solid waste services.
Airport - This fund is used to account for revenues and expenses associated with the Airport. 77 CITY OF WILLITS
NONMAJOR PROPRIETARY FUNDS
COMBINING STATEMENT OF NET POSITION
June 30, 2021
Enterprise Funds
Total
Nonmajor
Solid Waste Airport Enterprise
Fund Fund Funds
Assets
Current Assets:
Cash and Investments $ $ 15I,722 $ 151,722
Accounts Receivable 1,563 1,563
Inventory 55,317 55,317
Total Current Assets 208,602 208,602
Noncurrent Assets:
Capital Assets:
Land 11,692 11,692
Buildings and Improvements 1,645,783 1,645,783
Machinery and Equipment 48,116 48,116
Less:
Accumulated Depreciation (569,332) (569,332)
Total Noncurrent Assets 1,136,259 1,136,259
Total Assets 1,344,861 1,344,861
Liabilities
Current Liabilities:
Accounts Payable 3,282 37,105 40,387
Due to Other Funds 384,799 384,799
Deposits Payable 8,069 8,069
Total Current Liabilities 388.08 I 45,174 433,255
Noncurrent Liabilities:
Landfill Post-closure Costs 881,592 881,592
Total Noncurrent Liabilities 881,592 881,592
Total Liabilities 1,269,673 45,174 1,314,847
Net Position
Net Investment in Capital Assets 1,136,259 1,136,259
Unrestricted (1,269,673) 163,428 (I, 106,245)
Total Net Position $ (1,269,673) $ 1,299,687 $ 30,014
78 CITY OF WILLITS
NONMAJOR PROPRIETARY FUNDS
COMBINING STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Enterprise Funds
Total
Nonmajor
Solid Waste Airport Enterprise
Fund Fund Funds
Operating Revenues
Charges for Services $ $ 173,530 $ 173,530
Total Operating Revenues 173,530 173,530
Operating Expenses
Operations 50,685 50,685
Administrative 12,335 12,335
Maintenance 136,417 9,035 145,452
Depreciation 48,206 48,206
Total Operating Expenses 136,417 120,261 256,678
Operating Income (Loss) (136,417) 53,269 (83,148)
Non-Operating Revenue (Expenses)
Intergovernmental 1,063,379 1,063,379
Total Non-Operating Revenue (Expenses) 1,063,379 1,063,379 Income (Loss) Before Transfers (136,417) 1,116,648 980,231 Transfers
Transfers In 77,292 77,292
Changes in Net Position (59,125) 1,116,648 1,057,523
Net Position - Beginning of Fiscal Year ( I.2 l 0,548) l 95,494 (1,015.054) Prior Period Adjustment (12,455) (12,455)
Net Position - Beginning of Fiscal Year, restated 183,039 (1,027,509) Net Position - End of Fiscal Year $ (1,269,673) $ 1,299,687 $ 30,014 79 CITY OF WILLITS
NON MAJOR PROPRIETARY FUNDS
COMBINING STATEMENT OF CASH FLOWS
FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Enterprise Funds
Total
Nonmajor
Solid Waste Airport Enterprise
Fund Fund Funds
CASH FLOWS FROM OPERATING ACTIVITIES:
Cash Received from Users $ $ I 73,530 $ 173,530
Cash Payments to Suppliers and Contractors (140,880) (73,099) (213,979) Net Cash Provided (Used) By Operating Activities (140,880) I 00,43 I (40,449) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES:
Transfers in 77,292 77,292
Interfund Borrowing 63,588 63,588
Intergovernmental 1,063,379 1,063,379
Net Cash Provided (Used) By Noncapital Financing Activities 140,880 1,063,379 l,204,259
CASH FLOWS FROM CAPITAL AND RELATED FINANCING
ACTIVITIES:
Acquisition of property, plant, and equipment (1,089,493) (1,089,493) Net Cash Provided (Used) In Capital and Related
Financing Activities (1,089,493) (1,089,493)
NET INCREASE (DECREASE) IN CASH AND CASH
EQUIVALENTS 74,317 74,317
CASH AND CASH EQUIVALENTS, BEGINNING OF FISCAL YEAR 77,405 77,405 CASH AND CASH EQUIVALENTS, END OF FISCAL YEAR $ 151,722 "' J) I 51,722 Reconciliation to Statement of Net Position:
Cash and Cash Equivalents $ $ 151,722 $ 151,722
CASH FLOWS FROM OPERATING ACTIVITIES:
Operating Income (Loss) $ (136,417) $ 53,269 $ (83,148) Adjustment to Reconcile Operating Income
(Loss) to Net Cash Provided (Used) by Operating
Activities:
Depreciation Expense 48,206 48,206
Changes in Assets and Liabilities:
Increase (Decrease) in Accounts Payable (4,463) 35,546 31,083 (Increase) Decrease in Inventory (36,590) (36,590)
Total Adjustments (4,463) 47,162 42,699
Net Cash Provided (Used) By Operating Activities $ (140,880) $ I00,43! $ (40,449) 80 Item No. 9d
Meeting Date: November 8, 2023
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Karen Stevenson, Human Resources Manager
Agenda Title: ADOPT A RESOLUTION TO APPROVE A REVISED PERSONNEL, POLICIES AND
PROCEDURES MANUAL THAT ESTABLISHES GUIDELINES FOR ALL CITY OF WILLITS EMPLOYEES TO FOLLOW AS A CONDITION OF EMPLOYMENT, EFFECTIVE NOVEMBER 9, 2023.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 Minutes Summary of Request: [Update since September 13th]. At the September 13th City Council meeting, the Council received a version of the Manual and after a general discussion, conditionally adopted the Manual for a term of thirty-days. The delay afforded staff the time to meet with IBEW and the POA and obtained a consensus on the final revision (the accompanying document).
The City Council authorized staff to work with a consultant (Liebert Cassidy Whitmore) to review and make appropriate updates and revisions to the City’s Personnel, Policies and Procedures Manual. This Manual contains a set of rules and regulations governing the hiring, management and assists supervisory employees to understand and execute our organization’s policies. The existing version dates to February 2009 at the time of the last review. The consultant’s review was based on the following principles:
• The primary users of the Personnel, Policies and Procedures Manual are department heads, managers, and supervisors.
• Not every situation requires a policy. Policies exist to provide guidance and direction in those situations that occur on a regular or frequent basis.
• Logical organization of policies is the best way to help people who are looking for specific answers in policy.
Significant Changes to the City of Willits Personnel, Policies and Procedures Manual include:
1. Clean up verbiage to coincide with Memorandums of Understanding negotiated between the City and recognized employee organizations and changes due to new laws.
2. Equal Employment Opportunity policy, including complaint procedures.
3. Addition of Policy Against Workplace Bullying.
4. Administration of the Personnel Program.
5. Recruitment, Applications and Selection.
6. Work Schedule and Attendance.
7. Classification Plan.
8. Employee Status.
9. Work Week, Attendance and Leave Benefits.
10. Employee Conduct and Discipline.
11. Drug and Alcohol-Free Workplace Policy.
12. Miscellaneous Provisions.
Recommended Action: Adopt the accompanying Resolution approving the revised Personnel, Policies and Procedures Manual that establishes guidelines for all City of Willits employees to follow as a Condition of Employment, effective November 9, 2023.
Alternative(s): None.
Fiscal Impact: Liebert Cassidy Whitmore provided an initial project budget of $10,000. Staff excepts the final expense to be higher due to the additional review.
Personnel Impact: None.
2021 Adopted Goals: This item supports Task #1 under Administration’s Goal #3…Compose a Staffing Plan that satisfies Goal #3 as a means to chart current human resource needs and for the future. The intent of the plan is to maximize human resources within the constraints of available financial means.
California Environmental Quality Act: Not applicable.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2023-__ Page 1 of 1 November 8, 2023
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE REVISED PERSONNEL, POLICIES AND PROCEDURES MANUAL.
WHEREAS, the City Council has previously adopted by Resolution a Personnel Policies and Procedures Manual and various amendments thereto; and WHEREAS, the City of Willits is firmly committed to the principles of fairness and merit in personnel administration and conformity with state and federal employment laws and, as a result, finds it necessary to update the provisions of its Personnel Policies and Procedures Manual from time to time; and
WHEREAS, such amendments have been incorporated within the Personnel Policies and Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED that the Personnel Policies and Procedures Manual originally adopted by Resolution 85-27 and subsequently amended by Resolutions 87- 36, 96-30, 18-33, and conditionally adopted on September 13th, 2023, by resolution 2023-57 is hereby repealed in its entirety and the amended Personnel Policies and Procedures Manual incorporated herein by reference is hereby adopted by the City Council of the City of Willits.
NOW, THEREFORE, BE IT FURTHER RESOLVED the passage of this Resolution by the City Council of the City of Willits replaces Resolution No. 2023-57 adopted on September 13, 2023.
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 8th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
12208390.2 WI001-015
City of Willits
Personnel Policies and Procedures Manual
Adopted by Resolution No. 2009-25
of the Willits City Council
on July 22, 2009
Amended on June 13, 2018. Council Adopted Resolution 2018-33 Amended on November 8, 2023. Council Adopted Resolution 2023-X City of Willits
Personnel Policies and Procedures Manual
12208390.2 WI001-015
Table of Contents
SECTION 1. PURPOSE, AUTHORITY AND COVERAGE.................................................... 1 Purpose and Delegation of Authority ............................................................................... 1 Coverage........................................................................................................................... 1 No Contract Created ......................................................................................................... 1 Conflicts with Other Provisions ....................................................................................... 1 Violation of the Policies ................................................................................................... 2 Severability....................................................................................................................... 2 Employee Acceptance of Policies and Revisions to Policies ........................................... 2 SECTION 2. FOUNDATIONAL POLICIES OF EMPLOYMENT .......................................... 3 Employment Standards .................................................................................................... 3 Conflicts of Interest .......................................................................................................... 3 Code of Ethics .................................................................................................................. 3 Equal Employment Opportunity Policy ........................................................................... 4 Policy Against Discrimination, Harassment, and Retaliation .......................................... 4
2.5 Workplace Security ........................................................................................................ 14
2.5.2 Incident Reporting Procedures ................................................................................ 15
2.5.3 Investigation ............................................................................................................ 16
2.5.4 Prevention ............................................................................................................... 16
2.5.5 Follow Up and Disciplinary Procedures ................................................................. 17 Policy Against Workplace Bullying ............................................................................... 17 Employee Assistance Program ....................................................................................... 19 SECTION 3. ADMINISTRATION OF THE PERSONNEL PROGRAM .............................. 20 City Council ................................................................................................................... 20 City Manager .................................................................................................................. 20 Department Heads .......................................................................................................... 20 Personnel Records .......................................................................................................... 20 SECTION 4. RECRUITMENT, APPLICATION AND SELECTION .................................... 24 Fitness for Duty Examinations ....................................................................................... 24
4.1.2 Current Employees....................................................................................................... 24
4.1.3 Role of Health Care Provider ....................................................................................... 24
4.1.4 Authorization for Use of Medical Information ............................................................ 25 Determination ....................................................................................................................... 26 Access to Medical Information Regarding Fitness for Duty ................................................ 26
4.2.1 Potential Accommodations for Applicants or Employees with Disabilities ........... 27
4.2.3. Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions ............................................................................................................... 27
4.2.4 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ............................................................................................................... 28 City of Willits
Personnel Policies and Procedures Manual
12208390.2 WI001-015
4.2.5 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice ................................................................................................ 29 Appointing Authority ..................................................................................................... 29 Vacancy Announcements ............................................................................................... 29 Application Forms .......................................................................................................... 30 Background Check ......................................................................................................... 30 Disqualification of Applications .................................................................................... 30 Employment Examinations ............................................................................................ 30 Eligibility Lists ............................................................................................................... 31 Appointments ................................................................................................................. 31 Residence Requirement .............................................................................................. 32 SECTION 5. WORK SCHEDULES AND ATTENDANCE ................................................... 33 Work Schedules.............................................................................................................. 33 Meal Period .................................................................................................................... 33 Rest Period ..................................................................................................................... 33 Advance Request for Permission to Deviate from Regular Work Hours ...................... 33 Lactation Policy.............................................................................................................. 34 Outside Employment or Activity ................................................................................... 35
5.7 No Solicitation .................................................................................................................... 37 SECTION 6. CLASSIFICATION PLAN ................................................................................. 39 General ........................................................................................................................... 39 Purpose ........................................................................................................................... 39 Class ............................................................................................................................... 39 Class Specifications........................................................................................................ 39 Administration of the Classification Plan ...................................................................... 40 Reclassification .............................................................................................................. 40 Employment Status ........................................................................................................ 40 SECTION 7. COMPENSATION PLAN .................................................................................. 44 General ........................................................................................................................... 44 Appointment Rate .......................................................................................................... 44 Compensation on Promotion .......................................................................................... 44 Compensation for Acting Appointments ....................................................................... 44 Compensation on Demotion ........................................................................................... 45 Reemployment of Regular Employees ........................................................................... 46 Reemployment of Temporary Employees...................................................................... 46 Merit Increases ............................................................................................................... 46 Regular Appointment from Temporary Status ............................................................... 47 Appointment to a Reclassified Position...................................................................... 47 Overtime Compensation ............................................................................................. 48 Compensatory Time Off ............................................................................................. 48 Miscellaneous Compensation ..................................................................................... 49 Prohibited Salary Deductions ..................................................................................... 50 City of Willits
Personnel Policies and Procedures Manual
12208390.2 WI001-015
Air Travel ................................................................................................................... 51 Lodging ....................................................................................................................... 51 Meal Allowance .......................................................................................................... 51 Telephone Reimbursement ......................................................................................... 52 SECTION 8. EMPLOYEE STATUS ....................................................................................... 53 Probationary Period – Initial Appointments or Promotions ........................................... 53 Probationary Period Length – Non-Police Service ........................................................ 53
8.2.1. Probationary Period Length – Police Service and Dispatchers .................................. 54 Regular Status – Initial Entry or Promotion ................................................................... 54 Seniority ......................................................................................................................... 54 Transfers ......................................................................................................................... 55 Separation ....................................................................................................................... 55
8.6.1 Layoff ...................................................................................................................... 56
8.6.2 Resignation ............................................................................................................. 58
8.6.3 Non-Disciplinary Separation .................................................................................. 58
8.6.4 Job Abandonment ................................................................................................... 58
8.6.5 Retirement ............................................................................................................... 58
8.7 Employee Performance Evaluations .................................................................................. 59 SECTION 9. WORK WEEK, ATTENDANCE AND LEAVE BENEFITS ............................ 61 Work Week .................................................................................................................... 61 Attendance ...................................................................................................................... 61 Absence Control ............................................................................................................. 61 Anniversary Date............................................................................................................ 62 Vacation ......................................................................................................................... 62 Catastrophic Leave Policy .............................................................................................. 63 Sick Leave ...................................................................................................................... 64 Family and Medical Care Leave .................................................................................... 67
3. For FMLA leave eligibility, the City directly employs at least 50 full or part-time employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request. ............................................................................................................................... 73
9.8.18 Required Forms .......................................................................................................... 83 Holiday Leave ................................................................................................................ 84 Bereavement Leave .................................................................................................... 85 Pregnancy Disability Leave ........................................................................................ 85 Military Leave ............................................................................................................ 87 Paid Administrative Leave ......................................................................................... 88 Leave of Absence without Pay Must be Authorized by Law or These Policies ........ 88 Management Leave ..................................................................................................... 88 Time Off to Vote ........................................................................................................ 89 City of Willits
Personnel Policies and Procedures Manual
12208390.2 WI001-015
Victims of Violent Crimes/ Victim Family Member Court Attendance Leave ......... 89 Crime Victim/Family Member Victim’s Rights Proceedings Leave ......................... 89 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief ........................................................................ 90 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning ................................................... 90 Jury Duty and Court Appearances .............................................................................. 90 School-Related Leaves ............................................................................................... 91 SECTION 10. BENEFITS .......................................................................................................... 93 General Statement ....................................................................................................... 93 Retirement Plan .......................................................................................................... 93 SECTION 11. ON-THE-JOB INJURY ...................................................................................... 94 Medical Attention ....................................................................................................... 94 Industrial Accident Reporting Procedures .................................................................. 94 Industrial Accident Leave ........................................................................................... 96 SECTION 12. CAREER DEVELOPMENT............................................................................. 100 General ...................................................................................................................... 100 Education Reimbursement ........................................................................................ 100 Training .................................................................................................................... 102 Personal Education and Training .............................................................................. 102 SECTION 13. EMPLOYEE CONDUCT AND DISCIPLINE ................................................. 103 General Conduct ....................................................................................................... 103 Dress and Grooming ................................................................................................. 103 Discipline Policy....................................................................................................... 103
13.3.4 Discipline Procedures ........................................................................................... 109 SECTION 14. DRUG AND ALCOHOL FREE WORKPLACE POLICY .............................. 118 SECTION 15. GRIEVANCE PROCEDURES ......................................................................... 122 SECTION 16. MISCELLANEOUS PROVISIONS ................................................................. 127 Employment of Relatives, Spouses and Domestic Partners ..................................... 127 Employment Status of City Council Members ......................................................... 128 No Solicitation .......................................................................................................... 128 Safety Program ......................................................................................................... 129 Use of City Equipment or Resources ....................................................................... 130 SECTION 17. CHILD ABUSE AND NEGLECT REPORTING POLICY ............................. 136 Definitions ................................................................................................................ 136 Responsibility for Reporting Child Abuse ............................................................... 138 Procedure .................................................................................................................. 138 ACKNOWLEDGEMENT ...................................................................................................... 140 City of Willits
Personnel Policies and Procedures Manual
1 SECTION 1. PURPOSE, AUTHORITY AND COVERAGE
Purpose and Delegation of Authority
The purpose of this Personnel Policies and Procedures (“Policies”) Manual is intended as a resource that will assist the City to maintain uniform and consistent policies for administration of the City’s personnel matters. The City Council delegates to the City Manager the authority to authorize employment, establish job responsibilities and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations, and City ordinances and these Policies and Procedures (“Policies”). The City Manager may delegate the responsibility of assisting in the administration of these Policies to the Human Resources Manager to perform personnel actions.
The City retains full and exclusive authority and discretion to modify these Policies at any time in accordance with law. These Policies may be updated periodically upon the recommendation of the City Manager and subsequent adoption by the City Council. City employees will have access to all amendments to these Policies.
The goal of uniform personnel practices is to ensure that the principles of fairness and merit are the basis for all personnel actions. These Policies have been established to set standards ensuring that in any personnel action, including recruitment, examination, selection, appointment, compensation, training, promotion, retention, and discipline, the basis for the action, and the procedures employed will be impartial and universally applied.
Coverage
These Policies apply to all City employees, except that nothing in these Policies regarding disciplinary rights and disciplinary processes or administration of a Merit System (e.g., appointment, probation status) applies to those who serve in an at-will capacity, or at the pleasure of the Council, or by contract. Nothing in these Policies gives those who serve at-will, or at the pleasure of the Council, or by contract any right to employment or continued employment.
No Contract Created
These Policies do not create any employment contract, express or implied, or create any contractual rights.
Conflicts with Other Provisions
If a provision of these Policies conflicts with any provision of 1) an applicable collective bargaining agreement (CBA) or memorandum of understanding (MOU) negotiated between the City and a recognized employee organization, the provision of the CBA or MOU that is in conflict with the provision of these Policies shall apply to employees who are covered by that CBA or City of Willits
Personnel Policies and Procedures Manual
2 MOU. Any City ordinance, or state or federal law, that conflicts with these Policies shall control.
In all other cases, these Policies shall apply.
Violation of the Policies
A violation of any Policy herein may be grounds for discipline, up to and including termination from City employment.
Severability
If any court finds any section, subsection, sentence, clause or phrase of these Policies to be inconsistent with the law, such finding(s) shall not affect the validity of the remaining portion of these Policies.
Employee Acceptance of Policies and Revisions to Policies As a condition of employment, the City requires that each employee read and, if necessary, request clarification regarding these Policies.
Each employee must sign a statement of receipt acknowledging that they: (1) have received a copy or have been provided access to the Policies; and (2) understand that they are responsible for reading and becoming familiar with the contents of the Policies, as they are currently drafted as well as with all subsequent revisions to the Policies. A copy of this Acknowledgement is attached to this Manual as Attachment A.
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3 SECTION 2. FOUNDATIONAL POLICIES OF EMPLOYMENT
Employment Standards
The tenure of every City employee will be based on a demonstrated need for the work performed, availability of funds, faithful and effective performance, proper personal conduct, and continuing ability, with or without reasonable accommodation, to perform the essential functions of his or her position.
Conflicts of Interest
City employees, officers and officials are expected to devote their best efforts and attention to the performance of their jobs. They are expected to avoid even the appearance of a conflict of interest that could arise from a financial or non-economic interest that may impact their ability to carry out their duties to the City with undivided loyalty.
Employees, officers and officials are on notice regarding restrictions on any activity or interest which may give the appearance of a violation, including of any of the following:
• Employees, officers and officials shall not be financially interested in any contract made by them in their capacity as a City employee, officer or official; • Officers and officials shall not make, participate in making or in any way attempt to use their official position for the City to influence a governmental decision in which the officer or official knows or has reason to know he or she has a financial interest; • Employees, officers and officials shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties for the City (see section 5.6 regarding Outside Employment or Activity for additional restrictions); and
• Employees, officers and officials shall not engage in any activity, regardless of financial or economic benefit, which may divide the employee’s, officer’s or official’s loyalty to the City.
Code of Ethics
As a municipal employee, your job by its very nature places you in a position of public trust.
You are responsible for ensuring that public resources are used in the best interests of the public.
You also have a duty to use the limited public resources available to you as effectively and efficiently as possible. When serving in your public capacity, the interests of your municipality must come before your own. In fact, and appearance, your actions and interests must be above reproach.
The purpose of this Code of Ethics is to establish policy and guidelines, reflecting expected values and behaviors for use by and applicable to elected and appointed City officials, City City of Willits
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4 officers, and employees, including individuals employed as contractors by the City. The expectations include, but are not limited to, the following:
• Complying with the Conflict of Interest provisions above, as well as any applicable statutory and contractual obligations;
• Not granting any favored treatment or special consideration or advantage to any person beyond that which is available to every other similarly situated person; • Not seeking to improperly influence any official decision; and • Maintaining high standards of professional competence and integrity and conducting oneself in a manner that will not bring discredit to themselves or their department or the City.
Equal Employment Opportunity Policy
The City affords equal employment opportunity for all qualified employees and applicants to all terms of employment with the City, including, but not limited to, recruitment, hiring, training, promotion, compensation, benefits, transfer, discipline, and termination.
The City does not discriminate on the basis of an individual’s sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles), color, national origin, ancestry, religious creed (including religious dress and grooming), sexual orientation (including heterosexuality, homosexuality and bisexuality), reproductive health decision making, age (40 and over), marital status, military or veteran status, genetic characteristic or genetic information, physical or mental disability, or any other characteristic protected by federal, state or local laws.
Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or discriminatory conduct are encouraged to report the conduct immediately by using the complaint procedures provided in these Policies, or by contacting the Equal Employment Opportunity Commission (“EEOC”), or the California Civil Rights Department (“CRD”).
Policy Against Discrimination, Harassment, and Retaliation
1. Purpose and Application
The City is committed to preventing discrimination, harassment and retaliation in the workplace.
The City has zero tolerance for any conduct that violates this Policy Against Harassment, City of Willits
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5 Discrimination and Retaliation. Conduct need not violate either federal or state law in order to constitute a violation of this Policy. A single act by a City employee may constitute a violation of this Policy and provide sufficient grounds for the City to discipline the City employee.
It is the City’s intent, and the purpose of this Policy, to provide all City employees, applicants for employment, elected or appointed officials, interns, volunteers, and contractors with an environment that is free from any form of discriminatory harassment, discrimination or retaliation as defined in this Policy.
This Policy establishes a complaint procedure by which the City will investigate and resolve complaints of harassment, discrimination and retaliation by and against the City’s covered individuals. The City encourages all covered individuals to report any conduct that they believe violates this Policy as soon as possible. The City expressly prohibits any retaliation for having taken action either because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination. This Policy applies to all terms and conditions of employment, internships and volunteer opportunities, including but not limited to selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation.
2. Policy Coverage
This Policy prohibits harassment or discrimination by or of a City official, officer, applicant, employee, non-employee (including a customer, client, vendor, member of the public or other third-party), or person providing services for the City pursuant to a contract, because: 1) of an individual’s protected classification; 2) of the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification. The City does not consider conduct in violation of this Policy to be within the course and scope of employment or the direct consequence of the discharge of City duties.
3. Prohibition Against Harassment and Discrimination
It is the City’s policy to prohibit any form of harassment or discrimination, as defined below. To that end, this Policy establishes a Complaint Procedure which applicants, officials, officers, employees or contractors can use to report potential violations. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have engaged in harassment or discrimination in violation of this Policy. Any official, contractor, non-employee or other third-party found to have engaged in harassment and/or discrimination in violation of this Policy will be subject to appropriate sanctions.
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy City of Willits
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6 and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor or the Director of Human Resources.
4. Prohibition Against Retaliation
In order to deter harassment and discrimination, and to support the integrity of the Complaint Procedure described below, the City also prohibits retaliation. Any employee found to have retaliated against an applicant, elected official, officer, employee, or contractor because of a complaint of harassment or discrimination or because of participation in the Complaint Procedure, shall be subject to disciplinary action. Any elected official, contractor, non-employee or other third-party who has been found to have retaliated in violation of this Policy will be subject to appropriate sanctions.
5. Definitions
(a) Protected Classifications
This Policy prohibits harassment, discrimination, or retaliation because of an individual’s protected classification. “Protected classification” includes sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles), color, national origin, ancestry, religious creed (including religious dress and grooming), sexual orientation (including heterosexuality, homosexuality and bisexuality), reproductive health decision making, age (40 and over), marital status, military or veteran status, genetic characteristic or genetic information, physical or mental disability, or any other characteristic protected by federal, state or local laws. This Policy prohibits discrimination, harassment or retaliation for the following reasons:
(1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.
(b) Protected Activity
This Policy prohibits discrimination, harassment, and retaliation because of an individual’s protected activity.
Protected activity includes, but is not be limited to, the following activity: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this Policy; (4) opposing violations of this Policy; or (5) participating in an investigation under this Policy.
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7 (c) Discrimination
This Policy prohibits treating a covered individual differently and adversely because of the individual’s actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a protected classification; or because the individual participates in a protected activity as defined in this Policy.
(d) Harassment
This Policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(i) Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal propositions made on the basis of the individual’s protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race. (ii) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.
(iii) Visual acts, such as derogatory, offensive or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification.
(e) Sexual Harassment
Unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.
(f) Retaliation
Retaliation occurs when an employer takes adverse action against a covered individual because of the individual’s protected activity as defined in this Policy.
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8 (i) Adverse action” may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or
avoiding an individual who reports harassment or
discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
Other Examples of Conduct That Might Constitute Harassment Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. Harassment may include the following:
Conduct that is not intended as to harass. Conduct may violate this Policy if the conduct is directed at or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if its well-intentioned conduct (g., gifts, over-attention, endearing nicknames, hugs).
Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.
Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated.
Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment of a third party witnesses such conduct or learns about the conduct later and finds the conduct to be offensive or inappropriate. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
Conduct can constitute harassment even if the individual has no intention to harass. Conduct that may be well-intentioned conduct (g., gifts, over-attention, endearing nicknames, hugs) may nevertheless constitute harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds such conduct inappropriate or offensive.
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9 The City takes a proactive approach to potential Policy violations and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.
Guidelines for Identifying Harassment, Discrimination and Retaliation To help clarify what constitutes a violation of this Policy, use the following guidelines:
Harassment and discrimination include any conduct which is “unwelcome” to an individual and which is taken because of the recipient’s protected classification.
Discrimination may result when an individual is treated differently due to his or her membership in a protected classification. In addition, discrimination may result when a City policy or practice has a negative impact on a particular classification of employees as a whole.
It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue.
A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
Even visual, verbal, and/or physical conduct between two individuals who appear to welcome it can constitute harassment of a third applicant, officer, official, employee or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. The City recognizes that it is legitimate for those in protected classifications to have heightened sensitivities to harassment as a result of their life experiences. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
Conduct can constitute retaliation under this Policy when an action is taken or an employee is treated in a particular manner due to his or her reporting of a violation of this Policy, participation in an investigation of an alleged Policy violation, or any other negative action taken against an individual because of his or her association with the complainant.
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10 A single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. Therefore, if you are in doubt as to whether any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor.
Romantic And Sexual Relationships Between Supervisors And Subordinates Romantic or sexual relationships between supervisors and subordinate employees are prohibited.
There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.
Complaint Procedure
A covered individual who believes they have been subjected to discrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor, manager, their Department Heads, or to the Human Resources Manager without regard to any chain of command.
Any supervisory or management employee who receives a harassment complaint should immediately notify the Human Resources Manager. Upon receiving notification of a complaint regarding discrimination, harassment or retaliation, the Human Resources Manager or their designee will complete or delegate the following steps:
Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with the following individuals: (1) the complainant; (2) the accused (i.e., the subject of the investigation); (3) witnesses to the conduct at issue in the complaint; and (4) other persons who have relevant knowledge concerning the allegations in the complaint.
Review the factual information gathered during the investigation to determine whether the alleged conduct violated the Policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
Prepare a summary report of the determination as to whether the conduct violated this Policy and provide such report to the appointing authority (i.e., City Manager). If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant. If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
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11 If the Personnel Manager is accused, or a witness to the events at issue, an individual with higher authority will complete and/or delegate the above enumerated steps.
Any official, officer, supervisor or management employee who receives a complaint or learns of a potential violation of this Policy must promptly report the information to the Human Resources Manager. The Human Resources Manager, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, no interim action should be taken to change the complaining individual’s working conditions unless the complaining individual voluntarily consents to the temporary change.
Investigation
The Human Resources Manager or his or her designee will immediately either direct or undertake an effective, discrete, thorough and objective investigation of the allegations at issue. All complaints will be investigated to the extent that the City deems appropriate. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the content of the interview, and that retaliation against those who report alleged harassment or who participate in the complaint procedure is prohibited.
Investigation Into Unreported Potential Violations
The City takes a proactive approach to the problems of harassment, discrimination and retaliation and will conduct an investigation if its officers, officials, supervisors or managers who become aware that harassment may be occurring, regardless of whether the recipient or a third party reports a potential violation of this Policy.
Remedial and Disciplinary Action
If the investigation concludes that harassment or retaliation in violation of this Policy has occurred, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and will take effective remedial action that is designed to end the violation(s). Any employee or officer determined to be responsible for violating this Policy will be subject to appropriate disciplinary action, up to and including termination. Disciplinary action may also be taken against any official, supervisor or manager who condones or ignores potential violations of this Policy or otherwise fails to take appropriate action to enforce this Policy. Any official or contractor found to be responsible for violating this Policy will be subject to appropriate sanctions.
Right to File a Report With Outside Administrative Agencies City of Willits
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12 Any individual possesses the right to report workplace harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Civil Rights Department (“CRD”). These administrative agencies provide a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred. The nearest EEOC and CRD offices are listed on the internet and in the government section of the telephone book. Employees may also check the equal employment opportunity posters that are located on City bulletin boards for EEOC and CRD office locations and telephone numbers.
Confidentiality
The City will make every effort to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City’s need to investigate the complaint and provide the subject of the complaint their due process rights, which include providing the subject of the investigation a copy of the complaint after the initial investigatory interview, if requested.
The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.
An employee may discuss their interview with a designated representative from the employee’s employee organization and/or the employee’s legal representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order.
Responsibilities of Employees, Management and Supervisory Employees Each non-supervisor or non-manager employee is responsible for the following:
• Treating all individuals in the workplace or on City worksites with respect and consideration.
• Modeling behavior that conforms to this Policy.
• Participating in periodic trainings on personnel matters. • Cooperating with the City’s investigations pursuant to this Policy by responding fully and truthfully and in a timely manner to all questions posed during the investigation. • Taking no actions to influence the complainant or any potential witness while the City’s investigation is ongoing.
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13 • Reporting any act they believe in good faith constitutes harassment, discrimination or retaliation as defined in this Policy, to their immediate supervisor or manager or Department Director/Head or the Personnel Manager.
Management and Supervisory Employees
In addition to the responsibilities listed above for individual employees, each manager and supervisor is responsible for the following:
• Informing employees under their supervision of this Policy. • Taking all steps necessary to prevent harassment, discrimination or retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language).
• Receiving and responding to complaints in a uniformly fair and serious manner. • Documenting the steps taken to resolve such complaints. • Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation.
• Informing those who complain about harassment or discrimination of their option to contact the EEOC or CRD and to file a complaint about such activity. • Assisting or advising employees regarding this Policy. • Assisting in the investigation of complaints involving subordinate employee(s). • Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
• Implementing appropriate corrective or disciplinary actions. • Reporting potential violations of this Policy to the Personnel Manager, regardless of whether an employee complained about such conduct.
• Participating in periodic training and scheduling employees for training.
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14 Human Resources Manager
The Human Resources Manager or his or her designee is responsible for administering the complaint procedure and authorizing and/or conducting an investigation.
Any questions about this Policy should be directed to the Human Resources Manager.
Mandatory Training
As part of its commitment to ensuring a work environment free from harassment and discrimination, the City requires that all of its employees receive training on this Policy within six (6) months of being hired, and then at least once every two (2) years. Supervisory employees will receive at least two hours of training and employees will receive at least one hour of training on this Policy. Human Resources will schedule multiple training sessions in the Spring of each year to ensure that employees are able to schedule the mandatory training. Attendance at the training will be documented. The California Civil Rights Department provides free online training courses on preventing sexual harassment and abusive conduct in the workplace that are available at:
https://calcivilrights.ca.gov/shpt/.
2.5 Workplace Security
2.5.1 Safe and Secure Workplace
The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.
2.5.2 Prohibited Behavior
1. Employees are prohibited from participating in, or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence even if it was intended to be a prank, humorous, blowing off steam, or venting.
2. Employees engaged in City business are prohibited from bringing or possessing weapons in violation of any law or this policy. Employees who have legal authority to carry a weapon shall notify the Department Head in writing of what type of weapon is being carried. Employees who have legal authority to carry weapons violate this policy if they: discharge or lose their weapon; use, threaten to use, or expose the weapon while engaged in City business or in a City building; or violate any law related to carrying a weapon while engaged in City City of Willits
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15 business or in a City building. For any questions, please see the Human Resource Manager.
2.5.3 Definitions
Workplace Violence is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following:
1. Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property;
2. The destruction of, or threat of destruction of City property or another employee’s property;
3. Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay;
4. Striking, punching, slapping or assaulting another person;
5. Grabbing, pinching, or touching another person in an unwanted way, whether sexually or otherwise;
6. Harassing or threatening phone calls;
7. Surveillance;
8. Stalking;
9. Possessing a weapon during work hours unless the City issues the weapon for performance on the job. “Weapon” is defined as a firearms, chemical agent, club or baton, knife, or any other device, tool or implement that can cause bodily harm if used as a weapon or exposed in such a manner to cause harm or threaten a person with harm;
2.5.2 Incident Reporting Procedures
1. Employees must immediately report to their supervisor or Department Head whether they have been a victim of, or have witnessed, workplace violence.
The supervisor or Department Head will immediately report the matter to the Human Resource Manager.
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16 2. The Human Resource Manager, or their designee, will document the incident, including the employee name(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
3. The Human Resource Manager or designee will take appropriate steps to provide security, such as:
(a) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation; (b) Asking any threatening or potentially violent person to leave the site; or
(c) Immediately contacting an appropriate law enforcement agency
2.5.3 Investigation
The Personnel Manager will see that reported violations of this Policy are investigated as appropriate.
2.5.4 Prevention
• Each Department Head has authority to enforce this policy by:
• Training supervisors and subordinates about their responsibilities under this policy;
• Assuring that reports of workplace violence are accurately and timely documented and addressed;
• Notifying the Human Resource Manager and law enforcement authorities of any incident;
• Making all reasonable efforts to maintain a safe and secure workplace; and
• Maintaining records and follow up actions as to workplace violence reports.
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17 2.5.5 Follow Up and Disciplinary Procedures
An employee found in violation of this Policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that the employee submit to a fitness for duty examination. City employees may be subject to criminal prosecution.
Policy Against Workplace Bullying
The City is committed to a workplace environment which fosters mutual respect, integrity, and professional conduct. The City considers workplace bullying unacceptable and it is City policy that all employees should be able to work in an environment free of bullying. The City prohibits workplace bullying by employees, or an individual with whom the City has business, contractual, or professional relationships, such as unpaid interns, volunteers, independent contractors, or vendors.
Definition of Workplace Bullying
Workplace bullying is conduct with malice that a reasonable person would find hostile, offensive, and unrelated to the City’s legitimate operational and other interests. Workplace bullying may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute workplace bullying, unless especially severe and egregious. While discriminatory harassment may involve bullying, bullying is not limited to conduct against another person because of his or her membership in a protected classification.
Examples of bullying include, but are not limited to:
• Verbal bullying: Slandering, ridiculing or maligning a person or his or her family; persistent name calling that is hurtful, insulting or humiliating; using a person as butt of jokes; abusive and offensive remarks.
• Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person’s work area or property. • Gesture bullying: Nonverbal threatening gestures; glances that can convey threatening messages.
• Exclusion: Socially or physically excluding or disregarding a person in work-related activities.
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18 Reports of Workplace Bullying
If an employee believes he or she has been subjected to workplace bullying or is aware of conduct towards another employee that is believed to be workplace bullying, the employee may talk to the offending party directly. Sometimes an individual is unaware that his/her conduct is offensive. The offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is offensive and request that it be discontinued immediately.
When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the individual who believes this Policy has been violated should make a verbal or written report to his or her supervisor, the Human Resources Manager, or any other supervisor, director, or other management employee of the City.
City’s Response to Complaint of Workplace Bullying
After receiving an oral report or written complaint, the City may request clarification and/or conduct an initial inquiry, to determine whether the oral report or written complaint alleges a potential violation of this Policy. To request clarification and/or conduct an initial inquiry, the Human Resource Manager, or his or her designee, may meet with the individual(s) who made the report and/or that was reportedly subjected to conduct that violates this Policy.
After the City receives an oral report or written complaint, and any clarification requested, the Human Resource Manager or designee, will determine the appropriate course of action, which may include initiation of an investigation. During the pendency of any investigation, the Human Resource Manager or City Manager, may take interim action as appropriate, such as placing the person alleged to have violated this Policy (the “Respondent”) on paid administrative leave or temporarily transferring the Respondent. Generally, no interim action should be taken to change the working conditions of the individual(s) who made the oral report or written complaint and/or that was reportedly subjected to conduct that violates this Policy, unless that individual voluntarily consents to the temporary change.
Disciplinary Action
The City will determine if the conduct violates City policy and if so, the appropriate corrective action. Any employee determined to have violated this policy will be subject to disciplinary action up to and including termination. Disciplinary action may also be taken against any a supervisor, director or other management employee who condones or ignores potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy.
Disciplinary action will be taken against anyone who bullies a co-employee or retaliates against an employee that has reported or has participated in any investigation or administrative process related to a complaint of, workplace bullying.
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19 Employee Assistance Program
The City provides an Employee Assistance Program (“EAP”). The EAP is intended to provide professional, confidential counseling services that may be available to employees and members of their households to assist in resolving employee concerns, including emotional difficulties, marital and family conflict, stress, chemical dependency, conflicts at work, and financial help. The EAP counselor can help to clarify an employee’s problem and develop an action plan during the counseling session. In most cases, EAP services are paid up to a certain amount by the City as set forth in the policies provided at time of hire. Further information may be obtained from the City Manager or Human Resources Manager.