Willits City Council
February 26, 2025

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

WILLITS CITY COUNCIL
AGENDA
FEBRUARY 26, 2025 | 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 input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on the agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

Members of the public are asked to observe the rules of decorum. While the City Council welcomes public criticism of policies, procedures, programs, or services of the agency; behavior that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and that includes, but is not limited to use of profanity, slurs, yelling from the audience, threatening remarks, physically threatening conduct, or physical or verbal displays of disrespect, will not be tolerated and the individual will be removed immediately.

3. PUBLIC MATTERS

4. ENACTMENT OF ORDINANCES
a. None.

5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.

The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. February 12, 2025
Willits City Council Agenda – February 26, 2025

ii. February 13, 2025

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. None.

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

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Annual update on the implementation of E. Commercial Corridor Master Plan. b. Verbal Reports – No Action.
i. Fire Hazard Severity Zones: Map Release and the March 6th public forum.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Proposed Amendments to the Sidewalk Ordinance Contained in the Willits Municipal Code Title 12, Chapters 12.16 and 12.17.

Presenting staff member: Leiloni Shine, Contract Planner.

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month)
a. Airport. b. Community Dev. c. Finance. d. Police. e. Services & Facilities. f. Utilities.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS a. Finalization of 2025 Appointments and Scheduling of City Committee Meetings.

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. Pursuant to Government Code §54957 – Public Employee Performance Evaluation – City Manager.

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 21st day of February, 2025.

Willits City Council Agenda – February 26, 2025

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7113 or Fax (707) 459-1562. Notification at least 48- hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

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

WILLITS CITY COUNCIL

MINUTES
WEDNESDAY FEBRUARY 12, 2025
Mayor Stranske 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 Gerardo Gonzalez, Tom Allman, Bruce Burton, Vice Mayor Matthew Alaniz and Mayor Larry Stranske were present.

Also present were staff members: Brian Bender, City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Walter Kolon, Services and Facilities Director; Mike Parish, Interim Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 Garrett Moore thanked City Manager Bender for sending a thank you letters to those that applied for the open City Council seat.
 Mike Adair, Willits Community Theater Representative, expressed his appreciation for City Staff for the paving that was done on Muir Lane.
 Andrew Hosford, Willits Redwood Little League President, invited the Councilmembers to the WRLL opening day on April 12, 2025. Mr. Hosford informed the Council that WRLL has brought back the softball program, and this year there will be five traveling teams.

Mr. Hosford also invited the Councilmembers to the Willits Rotary Grill and Give fundraiser on March 1st, at the City Hall Community Center. Proceeds from the fundraiser will go to Our Daily Bread, Willits Food Bank and the Senior Center.

3. Public Matters
a. Proclamation for Women’s History Month – March 2025.  Delores Pedersen, City Clerk presented Madge Strong the Proclamation, Ms. Strong accepted on behalf of the Mendocino Women’s Political Coalition.  Madge Strong spoke in support of Saprina Rodriguez being honored at the Women’s History Gala.
 Saprina Rodriguez thanked Madge Strong for the nomination to be honored. Ms.

Rodriguez thanked Ms. Strong for her contributions to the community. Ms. Rodriguez also expressed how important civic engagement is.

4. Enactment of Ordinances
None presented.

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

Willits City Council Minutes of February 12, 2025 Page 2 of 5 a. City Council Minutes:
i. January 21, 2025.
ii. January 22, 2025.

Public Comment:
 Madge Strong asked when there would be an updated Mayor’s Appointment List.

Moved by Gonzalez/Seconded by Allman and carried 4/1 with Councilmember Burton abstaining 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. Accounts Payable Activity Report: January 2025.
b. Business License Activity Report: January 2025.
c. Building Permit Activity Report: January 2025.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Verbal Reports – No Action.
i. Fire Hazard Severity Zone Map.
 City Manager Bender reported that the City would hold a public forum and ask for the community’s input on the Fire Hazard Severity Zone Map by the middle of March.

Public Comment: None presented.
 Helen Sims inquired when and how the maps would be available to the public.

City Manager Bender responded that once the maps are made available on February 24th, they would be available on the CalFire website as well as the City of Willits Website.

9. Department Recommendations (Action Items)
a. Adopt a Resolution Accepting the Construction of the Steel Water Main and Sewer Replacement Project 2023-08 and Authorizing the Filing of The Notice of Completion.

Public Comment:
 Saprina Rodriguez expressed her excitement for the Steel Water Main and Sewer Replacement Projects completion.

Moved by Gonzalez/Seconded by Burton and carried unanimously to adopt Resolution No. 2025-08 accepting construction of the Steel Water Main and Sewer Replacement Project, Project No. 2023-08 and authorizing filing the Notice of Completion.

b. Adopt a Resolution Authorizing the Advertisement of the Community Enhancement Project, Project Number 24-03, to Include Solar Pedestrian Sidewalk Lights Along Main Street, Security Lighting in Babcock Park and a Banner System Over Main Street.

Public Comment:

Willits City Council Minutes of February 12, 2025 Page 3 of 5  Saprina Rodriguez mentioned that the Community Enhancement Project is being paid for by the Clean California Grant.
 Raghda Zacharia inquired if the Community Enhancement Project would include the crosswalks? Ms. Zacharia expressed concern over how dangerous it is to cross the streets at night because drivers cannot see pedestrians.  Walter Kolon, Services and Facilities Director, responded that no, that it is not part of this project but is being looked into. City Manager Bender added that the City has received approximately $38,000 from Mendocino Council of Governments for crossing improvements along the Main Street corridor.
 Garrett Moore asked what the scope of Main Street that this project involves. Mr.

Kolon responded that the project runs from E. Commercial to Oak Street.

Moved by Alaniz/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2025-09 authorizing the advertisement of the Community Enhancement Project, Project Number 24-03, which includes the installation of solar pedestrian sidewalk lights along Main Street, security lighting in Babcock Park, and a banner system over Main Street with funding from the Clean California Local Grant Program. c. Presentation of Proposed Park Improvements Located within Bud Snider - City Park Funded by the Clean California Local Grant Program (CCLGP).

Mayor Stranske was recused from the item’s discussions at 7:08 pm.  Dusty Duley, Community Development Director presented a PowerPoint Presentation on the Proposed Park Improvements. Mr. Duley stated that staff would like direction from Council on placement of the Pavillion.

Public Comment:
 Saprina Rodriguez inquired of there would be picnic tables placed at Bud Snider Park? Mr. Duley responded that there would be both covered and uncovered picnic tables as well as chess tables. Ms. Rodriguez expressed her concern about parking and the impact to the homes and businesses in the surrounding areas. Ms.

Rodriguez is hoping there is a parking space plan as well as a safe routes plan.  Madge Strong stated that centering the Pavilion was more appealing to her when she sat on the Council. She does not object to it being in the North/East corner. She expressed concern over the amount of paving that would be going into a project.  Robin Leler spoke in favor of the Pavillion being in the North/East corner of the park.  Garrett Moore spoke in favor of the Pavillion staying in the Center of the Park.  Henry Rued, resident on State St. stated the area of the park that is used the most in the lawn area. Mr. Rued feels that placing the Pavillion in the middle of the park would interfere with the usage of the lawn area. Mr. Rued would like the Pavillion to be in the North/East corner of the park.
 Bear Kamoroff spoke in support of the Pavillion being in the North/East corner of the park.
 Andrew Hosford spoke in support of the Pavillion being in the North/East corner of the park. Mr. Hosford stated that he feels that reducing the size of the Pavillion is not the best option.
 Robin Leler stated that she is in a group that is hoping to raise funds to help replace the trees on the State Street side of Bud Snider park with more mature established trees.
 Garrett Moore stated that after listening to the discussion he has changed his mind, having the Pavillion in the North/East corner of the park is the best place for it.

Willits City Council Minutes of February 12, 2025 Page 4 of 5  Council gave direction to Dusty Duley, Community Development Director, to move the Pavillion into the North/East corner of the park. Reduce the size of the Pavillion to 2400 square feet, concrete as the floor of the Pavillion with support of the hybrid model of the playground surface.

Mayor Stranske returned to the meeting at 7:41 pm.

10. City Council Announcements, Communications and Reports Councilmember Gonzalez
 Local Agency Formation Commission (LAFCo)
Workshop on the Elk County Water District Municipal Service Review and Spere of Influence Update, Potter Valley Irrigation District and Municipal Service Review.

Reviewed a draft of a Memorandum of Understanding for the Mendocino Coast Recreational and Park District to fund preparation of a Municipal Service Review.

Councilmember Allman
 Mendocino Council of Governments (MCOG)
There was an overview of MCOG for the benefit of the new Board Members.  Mendocino County Museum
Councilmember Allman reported that it is now free to go to the Museum. There are plans to have new exhibits this year. The Museum staff is excited to work with Willits Frontier Days for the 100th anniversary in 2026.

Councilmember Alaniz
 Councilmember Alaniz reported that he and Councilmember Allman attended the League of California Cities New Councilmember conference. Mr. Alaniz is looking forward to working with fellow Councilmembers in the Redwood Empire Area.

Mayor Stranske
 Economic Development & Financing Corporation (EDFC)
The meeting Mayor Stranske attended was an introduction meeting for the new board members.

City Clerk Pedersen
 Announced that there is a Special City Council Meeting scheduled for Thursday February 13th at 12:00 pm. The topic of discussion is the Rail with Trail Project.

Public Comment:
 Saprina Rodriguz inquired about the timeline on filling the vacancy of the Measure K Committees vacant seat. Ms. Rodriguez expressed concern over the possible change of time of the current Committee Meetings.

No action taken.

12. Good & Welfare
 Vice Mayor Alaniz – Senior Center is having a Chili Cook- off on February 28th.  Councilmember Gonzalez – Announced there is a Food Bank fundraiser on Friday February 14th.
 City Clerk Pedersen announced that the Community Center is currently being used by the School District for the Science Fair. Ms. Pedersen encouraged those that could to come and see the projects that the youth in our community have done.

City Council Adjourned to Closed Session at 8:04 pm.

13. Closed Session Notice
a. Pursuant to Government Code §54957 – Public Employee Performance Evaluation – City Manager.

Willits City Council Minutes of February 12, 2025 Page 5 of 5

The City Council reconvened to open session at 10:00 pm, reporting no action was taken.

14. Adjournment
Mayor Stranske declared the meeting adjourned at 10:00 p.m.

For more information on the February 12, 2025 Willits City Council Meeting please view the recording on YouTube.
_____________________________
LARRY STRANSKE, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

WILLITS CITY COUNCIL

SPECIAL MEETING

MINUTES
THURSDAY, FEBRUARY 13, 2025
Mayor Stranske called a special meeting of the City Council to order at 12:00 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Tom Allman, Bruce Burton, and Mayor Larry Stranske were present.

Also present were staff members: Brian Bender, City Manager; Dusty Duley, Community Development Director; Walter Kolon, Services and Facilities Director, Jim Lance, City Attorney, Susanne Loutsis, Contract City Engineer and Delores Pedersen, City Clerk.

2. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
Adopt a Resolution to Reject a Bid Protest by Argonaut Constructors and Award the Construction Contract of the Rail with Trail (Project No. 2021-03) to Bouthillier’s Construction Inc. in an Amount not to Exceed $8,979,271.90. The Contract Award Requires the Rejection by the City Council of a Bid Protest by Argonaut Constructors. Authorize the City Manager to Execute the Contract and Approve Construction Change Orders up to a Cumulative Total of 10-Percent of the Total Contract Amount. A Subsequent Budget Amendment is Necessary to Cover Higher than Anticipated Costs.

Vice Mayor Alaniz recused himself due to conflict of interest before the meeting started.
 Walter Kolon, Services and Facilities Director reported that Argonaut Constructors withdrew their Bid Protest.

Public Comment: None presented.

Moved by Allman/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2025-10 awarding a construction contract to Bouthillier’s Construction Inc., in an amount not to exceed $8,979,271.90 for the construction of the Rail with Trail Project (Project #2021-03), approve a budget amendment to cover a bid higher than the Engineer’s Estimate (overage of $745,881.90), and authorize the City Manager to execute the contract and approve construction change orders up to a cumulative total of 10-percent of the total contract amount.

3. ADJOURNMENT
Willits City Council Minutes of February 13, 2025 Page 2 of 2 Mayor Stranske declared the meeting adjourned at 12:06 p.m.

For more information on the February 13, 2025 Willits City Council Meeting please view the recording on YouTube.
_____________________________
LARRY STRANSKE, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk
Date: February 26, 2025
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Subject: Annual Update for the East Commercial Street Corridor Master Plan At the October 23, 2024, City Council meeting, the Council formally adopted Resolution No. 2024- 61, which approved the East Commercial Street Corridor Master Plan. The said Resolution directed the City Manager to assign administration of the Plan to the Community Development Department and established the requirement for an annual update on the Plan's implementation at the first Council meeting in February.

The City’s team of consultants and staff are currently utilizing the East Commercial Street Corridor Master Plan as a foundational resource for two upcoming grant submissions: (1) The U.S.

Department of Transportation’s Safe Streets and Roads for All (SS4A) funding program, and (2) The U.S. Department of Transportation’s Rural and Tribal Assistance Pilot Funding Program. The Plan’s focus on pedestrian infrastructure and the connection of community facilities and key nodes will significantly enhance the strength of these applications. These grant submittals will be presented to the Council, for review, prior to submission.

In the past, the East Commercial Street Plan was referenced within the Clean California Local Grant (CCLGP) grant application to describe key concepts. Its inclusion provided a clear, cohesive framework that demonstrated alignment with broader community goals and planning efforts.

This has proven valuable in strengthening the competitiveness of the application, as it highlights a well-thought-out vision and strategic planning approach. By continuing to reference the Plan in future applications, staff can build upon this foundation, ensuring consistency and reinforcing the City's commitment to long-term development goals.

The staff has also leveraged the illustrative elements within the Plan to guide the design of four park identification signs (these signs are soon to be installed). The Plan also helped influenced the Gateway and Directional Signs to be installed at Highway 20 Park (please see the attached illustrations). These design elements ensure consistency with the vision and aesthetic outlined in the Plan, reinforcing the overall strategy for creating a cohesive and recognizable community identity. Overall, the Plan serves as an invaluable reference in aligning various projects, helping to maintain design continuity across signage and infrastructure.

Memorandum 111 E. Commercial StreetWillits, California 95490 Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
City Manager’s Office

FRONT BACK
8'-0"
7'-2"
4'-0"
8'-5 1/2" OC
2'-0" 6"
2"
6X6 WOOD POST

WOOD SIGN

FINISH GRADE
NOTE:

1. SEE CIVIL DRAWINGS FOR FOUNDATION DETAILS.

2. SEE CALTRANS PLAN FOR POST BREAKAWAY DETAILS.

Highway 20 Park Directional Sign
This sign offers an alternative design to the version
previously submitted by Downtown merchants. It
incorporates elements and a color palette drawn from
the gateway sign, which will be located approximately
524 feet to the west.

January 30, 2025
Proposed Gateway Sign Design:
*Created by Terrain Landscape Architecture*

PARK SIGN DESIGNS
AUGUST 16, 2024
PAGE 01

  
  

B A B C O C K PA R K
Funded by
Measure K

        
      

HAEHL CREEK PARK REEK PARK
Funded by
Measure K

PARK SIGN DESIGNS
AUGUST 16, 2024
PAGE 02

BUD SNID ER PARK ER PARK
Funded by
Measure K

RECREATION GROVE

PARK RECREATION GROVE
PARK
Funded by
Measure K
Item No. 9a
Meeting Date: February 26, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Leiloni Shine, Contract Planner
Agenda Title: PROPOSED AMENDMENTS TO THE SIDEWALK ORDINANCE CONTAINED IN THE WILLITS MUNICIPAL CODE TITLE 12, CHAPTERS 12.16 AND 12.17.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: Review proposed Sidewalk Repair Regulations in the Willits Municipal Code Title 12, Chapters 12.16 and 12.17 (Attachment A), and provide comments and guidance to the Community Development Department regarding the proposed Ordinances and Resolutions. A Resolution can be created to temporarily waive permit fees for sidewalk repair; ordinance resolution language is provided (Attachment A) and will be separated from the ordinances as separate resolutions if City council chooses to proceed.

The Community Development Department has reviewed the potential Ordinances & Resolutions:
1) Ordinance revising Willits Municipal Code Title 12, Chapter 12.16 to add Willits Municipal Code Title 12, Chapter 12.16.009 and 12.16.110-190, to establish property owner responsibility and liability for sidewalk safety and maintenance of sidewalks in the public right-of-way; and 2) Ordinance revising Willits Municipal Code Title 12, Chapter 12.16 to add Chapter 12.17, new regulations requiring Willits property owners to inspect and certify sidewalks in the public right-of-way at the time of property transfer; and
3) Creating a Resolution to authorize the Community Development Department to reimburse private property owners for a total of three percent of the associated property’s assessed value for a period of five years after completing sidewalk repairs in the public right-of-way; and 4) Creating a Resolution to authorize a two-year period in which sidewalk repair permit fees would be waived to encourage sidewalk damage repairs, potentially beginning on January 1, 2026, and ending on January 1, 2028.

The proposed Ordinances and Resolutions address the backlog of sidewalk repairs in the public right-of-way in the City of Willits and reduces the City’s liability related to sidewalk damage. The Ordinances would require repairs of sidewalks in the public-right-of-way upon title transfer of real property and would establish liability for injuries resulting from such sidewalk damage. City Council direction is needed at this time to create Resolutions that will authorize a new program to financially support property owners in performing sidewalk repairs of sidewalk damage in the publicright-of-way and authorize a two-year period in which fees to repair sidewalks would be waived for all property owners to encourage the repair of sidewalk damage.

The funding to support such sidewalk repairs for private property owners and to waive administrative permit fees must be identified and allocated by the Council in order to create and support a Resolution to authorize the City to fund a program for sidewalk repairs of sidewalks in the public right-of-way for property owners and begin waving administrative permit fees. Other cost-sharing or loan programs may be considered by the City Council, such as a rebate program including three percent of the assessed property tax value to be paid to property owners for a period of five years after sidewalk repairs are completed, providing cost-sharing funds for sidewalk repairs throughout the City.

City Council direction is needed to determine if grant funding for sidewalk construction or replacement is desired, the City has received funding from Caltrans’s Clean California Local Grant Program (CCLGP) to replace and expand 1,050 square feet of sidewalk located along Recreation Grove Park, as described within the East Commercial Street Corridor Master Plan (see Attachment B). For the City to become eligible to receive regular state/federal grant funding to replace or construct sidewalks, the City Council will need to provide direction to staff to develop a comprehensive, citywide Sidewalk Management Program (or plan). The City’s prioritization of sidewalk repairs may be determined through a Sidewalk Management Program including existing plans, such as the Safe Routes to School Plan and the sidewalk assessment completed by Precision Concrete Cutting through DataWorks Mapping (see Attachment B).

Recommended Action: No Action. Review the presented materials and provide comments regarding the proposed Municipal Code revisions and Sidewalk Management Program. If the City Council sees no need for substantial revisions, staff will proceed scheduling the public hearings required to adopt Ordinance revisions.

Alternative(s): None recommended.

Fiscal Impact: The proposed Sidewalk Liability Ordinance will likely reduce the potential for the City to be required to pay-out for sidewalk related injuries because of the following: (1) Property owners will be more likely to maintain sidewalks in the public right-of-way in a safe condition if they are 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 for a portion of the damages claimed for injuries resulting from unsafe sidewalk conditions.

The two proposed programs, one of which would provide financial assistance to property owners who have completed sidewalk repairs based on the tax revenue that will be received for their property tax assessment, and the other would temporarily waive all administrative fees for sidewalk repairs for all property owners would have a short-term negative fiscal impact, however, funding would need to be identified and allocated towards those new citywide sidewalk repair programs.

Personnel Impact: Increased numbers of Encroachment Permit Applications for sidewalk repairs are anticipated.

Services & Facilities staff will require some additional time for processing. Staff recommends one change in precedent from the private Sewer Lateral Ordinance: The proposed Sidewalk Ordinance would enable selfcertification of the sidewalk improvement. The proposed self-certification process is not anticipated to increase the time or decrease the availability of Community Development and/or Services & Facilities staff to inspect sidewalks.

Identified City Council Conflict of Interest: None.
2021 Adopted Goals: This item satisfies the following: Goal #1 for Administration…Develop and implement a longrange Fiscal Sustainability Plan for City finances in order to promote the City’s economic health by balancing revenues and expenditures to solve systemic problems; and Goal #1 for Services & Facilities…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: Not applicable at this time.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Revisions to Municipal Code:

Sidewalks, Curbs, and Gutters - Construction & Repair
FEBRUARY 26, 2025
PAGE 1
STAFF REPORT:

TO WILLITS CITY COUNCIL FOR

INFORMATIONAL DISCUSSION ON
REVISING MUNICIPAL CODE TITLE 12, CHAPTER 12.16 – SIDEWALKS, CURBS AND GUTTERSCONSTRUCTION AND REPAIR, TO ADD NEW REGULATIONS FOR SIDEWALK REPAIR OR REPLACEMENT; REVISING THE MUNICIPAL CODE TO INCLUDE CHAPTER 12.17 REQUIRING WILLITS PROPERTY OWNERS TO INSPECT AND CERTIFY SIDEWALKS IN THE PUBLIC RIGHT-OFWAY AT THE TIME OF PROPERTY TRANSFER.

REQUEST: Review and provide comments during the Discussion on proposed revisions to the City of Willits Municipal Code Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters –
Construction and Repair, including the addition of Chapter

12.17 requiring Willits property owners to inspect and certify sidewalks in the public right-of-way at the time of property transfer.

LOCATION: In the City of Willits, all Sidewalk areas providing public right-ofway access and use.

EXISTING MUNICIPAL CODE: Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair.

PROPOSED MUNICIPAL CODE: Ordinances revising Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair, to include additional repair requirements for Sidewalks, Curbs, and Gutters; new regulations requiring Willits property owners to inspect and certify sidewalks in the public right-of-way at the time of property transfer.

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 and attachments. Council members may provide comments regarding the proposed
Municipal Code revisions as part of the early stages of revising the Municipal Code. Staff Recommends that the City Council review, provide comments and questions to staff, and potentially adopt the following at a later date:
1) An Ordinance Revising Willits Municipal Code Title 12, Chapter 12.16 to Add Willits Municipal Code Title 12, Chapter

12.16.009 and 12.16.110 through 12.16.190, To Establish Property Owner Responsibility And Liability for Sidewalk Safety and Maintenance; And
2) An Ordinance Revising Willits Municipal Code Title 12, Chapter 12.16 To Add Chapter 12.17, New Regulations
Requiring Willits Property Owners To Inspect And Certify Sidewalks In The Public Right-Of-Way At The Time of
Property Transfer; And
3) Creating and Adopting a Resolution to Authorize the City to Fund a Program Financially Assisting Property Owners to Complete Sidewalk Repairs; And
Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 2
4) Creating and Adopting a Resolution to Authorize A Two Year Period In Which Sidewalk Repair Permit Fees Would be Waived To Encourage Private Property Sidewalk Damage
Repairs.

EXECUTIVE SUMMARY
PROPOSED ORDINANCES:

The proposed ordinances and resolutions (Attachment A) address the backlog of private damage to sidewalks in the City of Willits and reduce the City’s liability related to private damage to sidewalks. The ordinances would require sidewalk repairs upon title transfer of real property and would establish joint liability for injuries resulting from sidewalk damage. Staff recommends reviewing and proceeding with these regulations to create a pathway for property owners to negotiate sidewalk repair costs as part of a property sale and to reduce the overall costs (liability) for the City related to sidewalk trip-and-fall claims related to private damage. By proceeding with the proposed ordinances (Attachment A), the regulatory framework will be established for drafting a Sidewalk Management Program (Attachment B), that can prioritize sidewalk repairs/construction that are eligible for future grant funding.

SIDEWALK MANAGEMENT PROGRAM AND REPAIR/CONSTRUCTION FUNDING:

An example of a draft Sidewalk Management Program (provided by the City’s insurance pool) and potential funding options for sidewalk repair or construction are described within Attachment B. City Council direction is needed at this time to determine the next steps for creating a comprehensive Sidewalk Management Program (Attachment B) and additional funding options available to assist with sidewalk construction or repairs. To assist private property owners with the cost of sidewalk repairs, staff proposes creating resolutions that will authorize a new program to financially support property owners with performing sidewalk repairs and authorize a two-year period in which fees to repair sidewalks are waived for all property owners to encourage the repair of sidewalk damage. Other cost-sharing or loan programs may be considered by the City Council, such as a rebate program including 3% of the assessed property tax value to be paid to property owners for a period of five years after sidewalk repairs are completed, providing costsharing funds for sidewalk repairs throughout the City. To regularly receive state or federal grant funding for sidewalk construction, a detailed management plan, such as a Sidewalk Management Program, for prioritizing sidewalk repairs will need to be developed (Attachment B). As an example, the City’s prioritization of sidewalk repairs may be determined through existing plans, such as the East Commercial Street Corridor Master Plan, Safe Routes to School Plan, and MCOG’s plan for street improvements (Mendocino County Regional Transportation Plan), and compared with the sidewalk assessment completed by Precision Concrete Cutting through DataWorks Mapping (see Attachment B).

At this time, the City has received funding for sidewalk replacement and expansion (See Attachment B), from Caltrans’s Clean California Local Grant Program (CCLGP) for 1,050 square feet of sidewalk abutting Recreation Grove Park property, as recommended by the East Commercial Street Corridor Master Plan.

BACKGROUND
PAST INFORMATIONAL DISCUSSIONS:

Informational discussions with City Council were completed on November 8, 2023, May 22, 2024, and September 2024, to give an opportunity for the City Council to review the existing and proposed Willits Municipal Code Sections and if Council members chose, to provide comments on the proposed elements of Municipal Code revisions. These Informational Discussions were intended to present the early stages of the proposed Ordinance revisions and to provide an additional evaluation process for the City Council.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 3
NEED FOR ORDINANCE REVISIONS:

Willits Municipal Code:

Currently, the City of Willits has many sidewalks that need repair, replacement, or construction. The Municipal Code does not adequately address property owners’ or the City’s liability requirements for privately maintained sidewalks. Additionally, the City Code requires sidewalk repair or replacement at the time of large structural additions or alterations without considering the change in construction costs since the time that the code was updated in 1989. The existing sidewalk ordinance was established in 1968, it has not been updated since 1989 (Ord. 89-15 §2; Ord. 68-1 §1). The City of Willits Municipal Code currently requires property owners to complete sidewalk repairs as follows: Sec. 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.

Chapter 12.16 states “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).

The City of Willits completed a Sidewalk Assessment of all City sidewalks using the services of the company Precision Concrete Cutting. The number, or percentage, of damaged sidewalks in the City are now being tracked within the online program, DataWorks Right-Of-Way Asset Management. The completed Sidewalk Assessment exhibits existing conditions of all City sidewalks and provides a baseline of needed repairs for existing sidewalks for the City to write a comprehensive plan, such as a Sidewalk Management Program, for identifying and prioritizing sidewalk areas for repair or replacement and the replacement or design requirements for different sidewalk areas (see Attachment B). The City does not currently have a process for prioritizing sidewalk areas for repair or replacement and specifying the size or design for new or replaced sidewalks based on their location. The City is also in the process of evaluating the percentage of sidewalk damage that is “public damage”, which is 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, however, the City does not currently have a policy regarding responsibility for private damage caused by City street trees.

Staff recommend that the Council create a policy to address damage caused by City trees. The Capital Improvement Plan for 2023-2024 was reviewed and updated during June 2024. The Capital Improvement Plan may be updated to include funding for annual sidewalk repairs to be dedicated toward public damage.

The City of Willits receives approximately five (5) Encroachment Permit applications each year for curb, gutter, and sidewalk repair or replacement on private property. Staff anticipate that the number of annual permit applications will increase after the proposed revisions to the Municipal Code create a clearly identified process for applicants.

California State and Case Law:

Per California law1, the responsibility to repair areas of sidewalk damage is the responsibility of the adjacent property owner. The City now has the tools and is in the process of evaluating the percentage of sidewalk damage that is “private damage”, which is damage that is by statue the responsibility of the private property owner adjacent to the sidewalk. Examples of damage on the sidewalk for which a property owner is 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.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 4
responsible for include but are not limited to: missing pavement, raised/sunken/uneven pavement, holes or cracks in the pavement, and missing sewer vent covers. Although by state law, private property owners are responsible for sidewalk repairs (private damage) 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 damage to sidewalks if the City has not adopted a Sidewalk Liability Ordinance. No recent sidewalk trip-and-fall claims/lawsuits have been paid out by the City at this time, it is anticipated that those expenses could increase if the City does not adopt a Sidewalk Liability Ordinance. Trip-and-fall claims are often associated with private damage to sidewalks.

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 confirm private responsibility for injuries resulting from private damage to sidewalks (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 Oakland, 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.

ANALYSIS AND POLICY ALTERNATIVES
Citywide sidewalk improvements are needed to improve accessibility for all pedestrians, contribute to neighborhood walkability, and reduce liability for both private property owners and the City. The existing amount of privately maintained sidewalk damage is determined through the completed sidewalk assessment. Staff recommend reducing City liability for private damage and increasing the diversity of options for facilitating private damage repair for sidewalks. The sidewalk assessment does not identify “public” vs. “private” damage to sidewalks, this will be determined by City staff on a case-by-case basis.

Sidewalk damage defined as “private damage” is by statute the responsibility of the private property owner adjacent to the sidewalk. The City is also in the process of evaluating the percentage of sidewalk damage that is “public damage”, which is damage at or within a public facility, or sidewalk damage that is caused by an official city tree. Criteria for sidewalk assessment includes, but is not limited to, identifying hazardous or failed sidewalks and sidewalk areas that are not compliant with ADA standards. The damage is shown within the DataWorks interactive map that identifies sidewalks that must be repaired or replaced. The level of damage is assessed by measuring the size of repair-grinding or other types of repairs that are necessary and estimating the associated repair costs. Property owners can request information with the potential repair costs for individual sidewalk sections. On average, typical concrete sidewalk replacement costs can average around $30.00 per square foot. The proposed Municipal Code revisions would allow private property owners to hire a qualified contractor to complete sidewalk repairs or to request the City to complete the repairs on the owner’s behalf. If the City completes sidewalk repairs and the property owner fails to repay the City for the completed work, the existing lien process outlined in Willits Municipal Code Title 12, Chapter 12.28.140 – Assessment—Property lien would be administered.

UPDATING THE WILLITS MUNICIPAL CODE TO REQUIRE SIDEWALK IMPROVEMENTS AT TITLE TRANSFER:

In 2018, City Council passed an ordinance requiring upgrades to private sewer laterals before a property title can be transferred. Staff are 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. Staff recommend one change in precedent from the private sewer lateral ordinance: the proposed sidewalk ordinance would enable self-certification of the sidewalk improvement.

Under this option, a buyer or seller would not need to coordinate with the 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, professional engineer, or licensed architect would submit a self-certification of the sidewalk compliance under penalty of perjury. City of Willits Services and Facilities 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.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 5
POTENTIAL FUTURE FUNDING: ESTABLISHING A SIDEWALK REPAIR REBATE PROGRAM:

The City of Willits does not currently have a program for funding repairs for private damage to sidewalks, staff suggest that the Council consider creating a program that would offset the costs for private property owners to complete sidewalk repairs. Staff suggest reviewing a program in which the City would provide funding for subject repairs as a 3.0% payment based on the property tax assessment for private property owners. To qualify, property owners could submit an application and provide a copy of their annual property taxes to the Community Development Department for review. The property tax reduction of 3% would be applied for a period of 5 years to applicants who have completed the sidewalk repairs and would be paid by the City directly to property owners after the City has received annual property tax funds from Mendocino County.

The City of Willits currently has a Permanent Local Housing Allocation Program that funds the revolving loan program for housing rehabilitation with annual funds approximately between $100,000 - $120,000.

With Council authorization, a Sidewalk Repair Program, property tax rebate program, or similar revolving loan program can be created, and potential funding options, such as state or federal grants, can be identified for sidewalk repairs or construction.

CREATING A TEMPORARY WAIVER FOR SIDEWALK REPAIR PERMIT FEES:

To encourage all Willits property owners to repair damaged sidewalks, staff are proposing a temporary fee moratorium. For a period of two years, all administrative fees assessed for the repair of sidewalk damage would be waived for all Willits property owners. With Council authorization, a fund could be identified for sidewalk repairs, and used to fund the waivers for administrative fees. A Resolution can be created to temporarily waive permit fees for sidewalk repair; ordinance resolution language is provided with ordinance language (Attachment A) and will be separated from the ordinances as separate resolutions if City Council chooses to proceed.

FISCAL IMPACT:

The proposed Sidewalk Liability Ordinance will likely reduce the potential for the City to be required to payout for sidewalk related injuries because (1) property owners will be more likely to maintain sidewalks in a safe condition if they are 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 offset costs to private property owners for sidewalk repairs and temporarily waive all administrative fees for sidewalk repairs for all property owners would have a shortterm negative fiscal impact, however, funding would need to be identified and allocated towards a new citywide sidewalk repair program. Overall, however, reducing citywide sidewalk damage could reduce potential trip-and-fall claims, ADA (Americans with Disabilities Act) grievances, and other unplanned City expenditures. Funding or grants, including those requiring a Sidewalk Management Program, to support sidewalk repairs or construction for private property owners and to waive administrative permit fees, must be identified and allocated by the City Council in order to create a Resolution to authorize the City to fund a sidewalk repair program and begin waiving administrative permit fees. Other cost-sharing or loan programs may be considered by the City Council, such as a rebate program with 3% of the assessed property value being paid to the property owner for a period of 5 years, providing cost-sharing funds for sidewalk repairs throughout the City.

PUBLIC OUTREACH/INTEREST:

An informational discussion was presented during the November 8, 2023, May 22, 2024, and September 25, 2024, City Council meetings where members of the public were able to provide comment during the discussion.

COORDINATION:

The Office of the City Attorney, City Manager, Community Development Department, and Services & Facilities Department were consulted in the preparation of this report.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 6
APPLICABLE COUNCIL GOALS:
• Administration: Goal 1.
• Administration: Goal 2.5.
• Services & Facilities: Goal 1.

SUMMARY OF PROPOSED REVISIONS (ATTACHMENT A) TO MUNICIPAL CODE SECTION CHAPTER 12.16:

1. LIABILITY ORDINANCE DETAILS:
i. Liability for sidewalk repairs.

2. POINT OF SALE ORDINANCE DETAILS:
i. Sidewalk Repairs Self-Certification Process.
ii. Standards that trigger sidewalk repair.

3. OTHER ORDINANCE REVISIONS:
i. Noticing and repair-work timeframes and deadlines.
ii. Enforcement, inspection, and property lien requirements. iii. Financial responsibility for different types of sidewalk repair costs. iv. Repair-work standards and requirements.

ENVIRONMENTAL REVIEW
This is an information item for discussion only and is not subject to California Environmental Quality Act (CEQA) at this time. 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 revisions and requirements, Council members may provide comments regarding the proposed ordinance Sections as part of the early stages of the ordinance evaluation process.

LIST OF ATTACHMENTS:

A. Resolutions: Combined with Ordinances’ language and may be separated into two Resolutions if Council chooses to proceed. For the Proposed Revisions to City of Willits Municipal Code: Chapter

12.16-12.17 – Sidewalks, Curbs and Gutters – Construction and Repair.

B. Funding Sources for Sidewalk Repairs and Draft Sidewalk Management Program: Funding Sources Table, Clean California Local Grant Program (CCLGP) Sidewalk Replacement Funding, GIS Maps (Street Widths/Dead End Streets, MCOG Prioritized Improvements, Alleyways Connectivity Study), Map of Safe Routes to School Plan and DataWorks Sidewalk Repairs, Sample Sidewalk Management Program.

C. Proposed Willits Handouts: Fact Sheet: “The City of Willits is Preparing a New Sidewalk Ordinance:

Who’s Responsible for Sidewalk Repairs?”. Handout: Frequently Asked Questions (FAQ) and Summary of Elements of Sidewalk Ordinances. Article: “Fixing Broken Sidewalks” by Donald Shoup.

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Willits, California, Code of Ordinances Created: 2023-11-20 15:37:12 [EST] (Supp. No. 18)

ORDINANCE REVISING WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.16 SECTIONS 12.16.010-12.16.100 AND TO ADD WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.16.110-12.16.180, TO ESTABLISH PROPERTY OWNER RESPONSIBILITY

AND LIABILITY FOR SIDEWALK SAFETY AND MAINTENANCE
WHEREAS, the timeline maintenance and repair of damaged sidewalks is essential to protect the health, welfare and safety of Willits residents, workers, and visitors; and WHEREAS, an owner of property 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 Willits of the conditions; and
WHEREAS, the state Streets and Highways Code provides that owners of property abutting sidewalks have a duty to maintain those sidewalks; and
WHEREAS, the City of Willits wishes to limit the City’s liability exposure for injuries resulting from sidewalk defects; and
WHEREAS, the City of Willits desires to establish a uniform practice consistent with the state Streets and Highways Code for maintenance and repair of sidewalks; WHEREAS, the City of Willits already requires the inspection of residential sewer laterals at the time of property transfer, and desires to inspect and certify sidewalks in the public right-of-way at the time of property transfer; now, therefore, THE COUNCIL OF THE CITY OF WILLITS DOES ORDAIN AS FOLLOWS:

Section 1.

Purpose and Intent. The purpose and intent of this Ordinance is to protect the health, welfare and safety of City of Willits residents and guests to the City of Willits by establishing regulations for the maintenance and repair of sidewalks consistent with the State Streets and Highways Code, and establishing joint liability for sidewalk related damages or injuries.

Section 2.

Add Chapter 12.16.009 through 12.16.180 and Chapter 12.17 to Title 12 of the Willits Municipal Code. Chapter 12.16.110 through 12.16.180 and Chapter 12.17 is hereby added to the Willits Municipal Code, and such Chapter shall read as follows:

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Willits, California, Code of Ordinances Created: 2023-11-20 15:37:12 [EST] (Supp. No. 18)

12.16.009 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, the words and phrases used in this chapter are defined as follows:

A. “City” shall mean the City of Willits.

B. “Owner” and “Property Owner” shall be deemed in accordance with Chapter 22 of Division 7, Part 1 of the California Streets and Highways Code, as the same is now 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 of such park or parking strip and any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR**1 Sections:

12.16.010 Permit—Required
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 streets of said city a permit in writing to do so. Permit applications 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 any other information deemed necessary, and shall refer to the provisions contained in Sections 12.16.010 through 12.16.060 for the materials to be used and mode of construction.
1 ** For violations of the provisions of this chapter, see Ch. 1.12 of this code.

Created: 2023-11-20 15:37:12 [EST]
(Supp. No. 18)

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 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 shall compel the city engineer or superintendent of streets 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 an application process is created in the future by the Willits City Council, such as a Sidewalk Landscaping Permit Application, which is submitted and approved, special permission therefor is first obtained from the superintendent of streets by the owner of the property in front of which the walk, driveway approach, curb, or curb and gutter is to be laid. 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 streets 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 (30) days from date of permit, unless an extension of time thereon be granted by the city engineer or superintendent of streets, 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 streets, 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 streets. (Ord. 58-1 §4).

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 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 California Building Code and the City of Willits Design and Construction Standards.

The required curbs, gutters and sidewalks shall be constructed as provided in the California Building Code, City of Willits Sidewalk Curb and Gutter Engineering Standards, and in accordance with the provisions of Sections 12.16.010 through 12.16.060. (Ord. 68-1 §2).

Section 1 - Section Intent: Subsection 12.16.090 describes the authority, responsibilities, and required action that the Superintendent of streets may take if a property owner fails to comply with the standards of Chapter 12.16.

12.16.090 - Work performance - Superintendent of streets authority.

In performing the work of repairing or constructing any sidewalk as provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the state, the superintendent of streets may, if the cost of said work does not exceed five thousand dollars:

A. Procure at least three quotes to perform said work, from contractors licensed to undertake the same, and let said work to the lowest responsible bidder at the prices named in their bid; or
B. Order a city work crew to perform said work.

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

12.16.100 Maintenance and repair of sidewalks.

A. 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 Chapter 12.16, the provisions of Chapter 12.16 shall control.

B. Section Intent:

Subsection B.1 describes the responsibility of property owners towards sidewalk maintenance and repairs, including a charge for the City of Willits costs of inspection and administration whenever the city awards a contract for the maintenance and repair of sidewalks.

B.1. 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 Willits 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 Chapter 17.54 - SIGNS, 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.

D. Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the Superintendent of Streets may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

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.

12.16.110 Liability for injuries to public.

The property owner required by Section 12.16.100 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 12.16.100, 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 of the failure of the 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 Willits, 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 of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this Chapter.

12.16.120 Construction requirement—Waiver.

Upon written application of the property owner, the Superintendent of Streets or the designee may, if sufficient good cause is shown, waive the requirement or modify standards for construction of sidewalks or curbs and gutters. All fees associated with the request for waiver, whether approved or not, shall be borne by the applicant. The Services and Facilities 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).

12.16.130 Superintendent of streets.

For the purposes of this chapter only, the superintendent of streets of the City of Willits shall be deemed to mean the Director of Services and Facilities, or his or her authorized representative, as to any activities conducted by that department pursuant to this part or the director of services and facilities as to any activities conducted by that department pursuant to this part.

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

12.16.140 Advancement of costs of work.

The superintendent of streets is authorized and empowered to and may advance from the revolving fund, any sum or sums necessary to pay the cost of the work of repairing or constructing any sidewalk by a contractor awarded a contract to perform said work by the superintendent of streets under the procedures set forth in this part, and may reimburse said revolving fund for the sum or sums so advanced from any assessment thereafter levied and collected.

12.16.150 Notice to repair sidewalk.

A. When the city engineer has actual knowledge that any portion of any sidewalk zone is so out of repair or is in such condition as to endanger persons or property passing thereon or as to interfere with the public use thereof, the city engineer is authorized to notify the owner in writing, to be delivered to such owner, requiring such owner to repair, reconstruct or improve forthwith, in accordance with city construction standards and to the extent as the city engineer may determine, such that the sidewalk zone is restored to a safe and nondangerous condition.

B. Within the time specified in the notice to complete repairs, the owner shall cause to commence such repair, reconstruction, maintenance, or improvement as identified in the notice, and shall diligently pursue to completion restoring the sidewalk zone to a safe and nondangerous condition. The owner shall obtain such permits as may be required by the city, including, without limitation, an encroachment permit, prior to undertaking or causing the repair of the sidewalk zone, provided, however, that the city council hereby waives the encroachment permit fee in connection with the repair and maintenance of sidewalk zones.

C. As part of waiving the encroachment permit fee in connection with the repair and maintenance of sidewalk zones, the city shall upon request be provided city standard plans for nonstructural sidewalk repair/maintenance at no cost to the owner; if required, the owner shall hire an appropriate licensed contractor of their own choice; the cost of the repair shall be the sole responsibility of the owner; and the city will perform an inspection as required ensuring that the repair/maintenance is done in accordance with city requirements at no expense to the owner.

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

12.16.160 Notice method.

Notice to repair may be given by delivering a written notice personally to the owner of the property adjacent to the sidewalk zone or by mailing written notice, postage prepaid, to the owner thereof at last known address as appears on the Mendocino County Tax Rolls.

12.16.170 Notice of cost and hearing by council.

Upon the completion of the repairs or construction, the superintendent of streets shall cause notice of the cost of the repairs or construction to be given in the manner specified in Chapter 22 (Repair) of Division 7, Part 3, of the Streets and Highways Code of the state of California, as the same is now in effect or may hereafter be amended, for the giving of notice to repair or construct. The notice shall specify the day, hour and place when the city council will hear and pass on the report of the costs of the repair, together with any written objections or protests which may be raised by any property owner liable to be assessed for the cost of such 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.

12.16.180 Conference with superintendent of streets.

The superintendent of streets may include with the notice of cost and hearing, as specified in Section 12.16.150 hereinabove, additional notice of a conference with the superintendent of streets. The conference which may be scheduled by the superintendent upon receipt of the written objection or protest, specified in Section 12.16.150, shall be conducted prior to the council hearing for the purpose of discussion between the property owner and the superintendent of streets of the costs of repair. Upon the conclusion of the conference, the superintendent shall note his conclusions in the report together with any recommendations for adjustment of the costs of repair.

12.16.190 Hearing by city council.

The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the superintendent, together with any written protests or objections, which have not been withdrawn prior to the hearing, from property owners liable to be assessed for the work of making such repair in accord with the procedure provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code.

Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

ORDINANCE REVISING WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.16 TO ADD WILLITS MUNICIPAL CODE TITLE 12, CHAPTER 12.17, TO ADD NEW

REGULATIONS REQUIRING WILLITS PROPERTY OWNERS TO INSPECT AND CERTIFY

SIDEWALKS IN THE PUBLIC RIGHT-OF-WAY AT THE TIME OF PROPERTY TRANSFER WHEREAS, the timeline maintenance and repair of damaged sidewalks is essential to protect the health, welfare and safety of Willits residents, workers, and visitors; and WHEREAS, an owner of property 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 Willits of the conditions; and
WHEREAS, the state Streets and Highways Code provides that owners of property abutting sidewalks have a duty to maintain those sidewalks; and
WHEREAS, the City of Willits wishes to limit the City’s liability exposure for injuries resulting from sidewalk defects; and
WHEREAS, the City of Willits desires to establish a uniform practice consistent with the state Streets and Highways Code for maintenance and repair of sidewalks; WHEREAS, the City of Willits already requires the inspection of residential sewer laterals at the time of property transfer, and desires to inspect and certify sidewalks in the public right-of-way at the time of property transfer; now, therefore, THE COUNCIL OF THE CITY OF WILLITS DOES ORDAIN AS FOLLOWS:

Section 12.17.010 of Chapter 12 of the Willits Municipal Code is added now to read:

Chapter 12.17 – Sidewalk, Driveway and Curb Construction & Maintenance:

12.17.010 Sidewalk inspection, replacement, and compliance certificates.

1. Responsibility. The property owner shall be responsible for inspecting sidewalks and curb ramps, obtaining all required permits, performing all necessary sidewalk and curb ramp repair or replacement, scheduling inspections, obtaining and filing with the City a compliance certificate for the entire sidewalk when one (1) or more of the following events occurs:

A. Title Transfer. Prior to transferring title associated with the sale of any real property that contains any structure with a sidewalk. Title transfer means the sale or transfer of an entire real property estate or the fee interest in that real property Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Created: 2024-02-06 15:19:14 [EST]
(Supp. No. 43, Update 4)

estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one (1) co-owner to one (1) or more other co-owners, or from one (1) or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivos trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in the lineal line of consanguinity of one (1) or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.

B. Construction or Remodeling. Whenever a property owner applies for any permit or other approval needed for construction, remodeling, modification or alteration of any portion of lots adjacent to, abutting, or fronting any portion of a sidewalk area where the cost of the work is estimated to exceed one hundred thousand dollars ($100,000.00).

C. Unsafe Condition Becomes Known. When the property owner becomes aware of an unsafe sidewalk condition, or when the property owner is notified by the City of an unsafe sidewalk condition.

2. Inspections. A self-certification inspection shall be conducted by a contractor holding specified "A," "B," or "C-8" license and a current valid Willits Business License. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be provided to the Department of Services and Facilities.

3. Compliance Certificate. The self-certification inspection report and confirmation of completed repairs or replacement shall be a condition of the issuance of a final compliance certificate for the entire sidewalk. The final compliance certificate must be issued prior to the first close of escrow.

4. Enforcement. Within five (5) years of issuance of the compliance certificate, property owners may be subject to random inspection by the City Inspector. Property owners who falsify the self-certification inspection report and have not performed all necessary sidewalk and curb ramp repair or replacement shall be subject to specified civil penalties and liens.

ATTACHMENT B
Page | 1
GRANTS
Funding Mechanism Source of Funding Construction Maintenance Local Match Description *CCLGP State Government ✓ - - *See Next Page (Awarded)
ATP State/Regional (MPO) ✓ - ✓ Active Transportation Pgrm.

HSIP Federal Government ✓ - - Hwy. Safety Improv. Pgrm.

SS4A Federal Government ✓ - ✓ Safe Streets and Roads For All
CDBG Federal Government ✓ - - Community Development
Block Grant Pgrm.

SB1 State Government - - - Funds Multiple Pgrms
Other Grants State/Federal Gov. - - - To Be Determined

OTHER TYPES OF FUNDING SOURCES
Funding Mechanism Source of Funding Construction Maintenance Local Match Description Private Donations Private Donations ✓ ✓ - Individuals/Entities Public-Private
Partnership
Public-Private
Partnership ✓ ✓ ✓ Public/Private Entities Collaboration Community
Imprvmt. Districts
Community
Improvement Districts ✓ ✓ - Special Tax Districts *SeeSCIP below* SCIP State Government ✓ ✓ - Statewide Community
Infrastructure Pgrm.

Tax Measure Local Government ✓ ✓ - Local Tax
Tax Measure Special District ✓ - - Tax by Special District

ATTACHMENT B
Page | 2
CLEAN CALIFORNIA LOCAL GRANT PROGRAM (CCLGP) - Caltrans • Total Grant Awarded to City of Willits: $2,772,000 (No Match Requirements) • Grant Award for Sidewalk Replacement and Widening (Materials & Construction): $31,500 • Sidewalk (to be Replaced) Square feet: 1,050
• Construction Timeframe: Planned to be Completed By/Before June, 2025 • Grant Application Description for Sidewalk Replacement:

Site #1: RECREATION GROVE PARK:
“Installation of …paved sidewalk widening (1,050 sqft) on the northern border of the park…” The paved city sidewalk area bordering East Commercial Street and Recreation Grove Park does not meet the required accessibility width requirements and continues to be damaged by inadequate drainage retention from the park area. Currently, sidewalks and pedestrian travel bordering East Commercial Street and the park are diverted to a paved pathway within Recreation Grove Park that meets ADA width requirements in order to provide a continuous path of travel from the East Commercial Street sidewalk to the park and the Rodeo Grounds.

The Project proposes to widen this block of sidewalk bordering the park, approximately 525 linear feet (1,050 square feet), in order to meet accessibility requirements and improve pedestrian travel to this primary community gathering space. This sidewalk is directly across from the Mendocino County Museum and part of the East Commercial Street Corridor (ECSC). The ECSC is a ¾ mile stretch of East Commercial Street that has been a significant artery for civic, economic, and residential life in Willits for over 100 years.

As part of the East Commercial Street Corridor Community Outreach and Program Development, the City of Willits seeks to create a plan for the ECSC that recognizes the importance of parks, pedestrianism, public sites, and businesses aiming to increase tourism, promote safety, and create a link with Main Street.

Goal #3: Improving Public Spaces for Walking and Recreation: “Existing city park pathways are crumbling and dilapidated, some sidewalks are undersized. By updating the concrete pathways to porous pavement in Bud Snider City Park and adding sidewalk areas along Recreation Grove Park, communitywide pedestrian and cyclist use of those parks will become improved.”
Sidewalk Management Program
Instructions
The following sample program is provided to assist you with the preparation and implementation of an effective sidewalk repair and replacement program.

You will need to provide information in several areas within the program. The information needed will be indicated by BLUE TEXT. Other areas of the program may need to be modified or eliminated depending on your organization.

Name of Entity
Sidewalk Management Program
Insert Date
Table of Contents
Introduction ...................................................................................................................................1 Purpose.........................................................................................................................................1 Scope............................................................................................................................................1 Responsibility................................................................................................................................1 Inspections....................................................................................................................................2 Inspection Criteria.........................................................................................................................3 Repair or Replacement Procedure ...............................................................................................4 Repair and Replacement Options.................................................................................................4 Priority Levels ...............................................................................................................................5 Sidewalk Warnings .......................................................................................................................5 Financial Responsibilities..............................................................................................................6 Incident/Accident Reporting Procedures.......................................................................................7 Record Keeping ............................................................................................................................7 Appendices
A. Partial List of Methods to Partner with the Property Owner for Sidewalk Repairs B. Sidewalk Management Grid Map
C. Sidewalk Management Criteria Chart
D. Sidewalk Repair Notice - First Notice to Repair
E. Sidewalk Repair Notice - Second Notice to Repair
F. Shared Cost Sidewalk Program Overview
G. Shared Cost Sidewalk Program Frequently Asked Questions H. Sample Maintenance and Construction of Sidewalks, Driveways, Curbs and Gutters Ordinance
1 Introduction
The NAME OF ENTITY has an extensive network of public sidewalks. Public sidewalks may vary in age and in quality of condition. Not every inequality or irregularity in the surface rises to the level of a defect. We recognize that some sidewalk conditions can create unreasonable hazards for pedestrians and other sidewalk users.

The City/Town [CHOOSE ONE AND DELETE THE OTHER THROUGHOUT] has limited employee and financial resources and cannot reasonably replace all sidewalks needing replacement or repair within the same year the sidewalk is identified as needing replacement or repair. Sidewalk replacement and repair can be costly. Comprehensive sidewalk surveys are expensive and require the use of limited City/Town personnel and other resources. Under appropriate circumstances, some or all of the cost of sidewalk replacement may be absorbed by the City/Town. Under the California Streets and Highway Code, Sections 5610-5618, it is the duty of abutting property owners to keep sidewalks in good repair and safe for pedestrians.

Accordingly, the INSERT DEPARTMENT NAME must exercise both discretion and professional judgment in determining whether and when sidewalks need to be replaced or repaired. The City/Town expects that its agents, employees, and City/Town officials will exercise discretion in identifying conditions requiring replacement and repair, in the scheduling of replacement and repair, and in establishing priorities for replacement and repair.

Purpose
To ensure all sidewalks are safe and accessible, this Sidewalk Management Program (Program) has been established. This Program describes the procedures for the timely identification of walkway defects; obstacles to accessibility; and effective repair, replacement, and maintenance of the City’s/Town’s pedestrian paths of travel.

Scope
The Program applies to all improved walkways, sidewalks, and/or trails located within and under the control of the City/Town.

Responsibility
The TITLE OF PERSON RESPONSIBLE is responsible for the administration and implementation of the program. This includes, but is not limited to:
• Determining the schedule, staging, and prioritization for the sidewalk inspection and repair work covered by this Program. Decisions may be based on, but not limited to, these factors:

1. Severity of the hazard;

2. Volume of pedestrian traffic;

3. Americans with Disabilities Act (ADA) accessibility; 2 4. Proximity to downtown businesses;

5. Proximity to schools or senior centers; and

6. Availability of City/Town resources.
• Maintaining the hazard inspection logs.
• Scheduling hazard mitigation or other prescribed action resulting from inspection or citizen complaints/notification.
• Communicating with property owners.

Inspections
Sidewalks are inspected based on the following criteria:
• Prescribed annual inspections of zones identified on the grid map (Appendix B) on a rotating basis
• Areas designated as a safe route to school visually screened annually • Citizen sidewalk service requests
• Sidewalk service requests involving an injury or accident responded to within 24 hours of notification
• Public Works, Building Inspector, or Code Enforcement employees who identify sidewalk hazards in the course of their duties
• Periodic inspections conducted INSERT FREQUENCY
The California Government Code §830 defines a dangerous condition as a condition of property that creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.

The following is a guide to determine a dangerous condition:
• Height differential of ¾” or less = probably trivial defect • Height differential of ¾” or more = might be “dangerous” The inspection process includes:
• Timely investigation upon receipt of a complaint
• Documented inspections
• Documented property owner notification when notification is appropriate • Development of a corrective action plan
• Documented corrective action
A plan of action will be developed from the inspection process that targets our more hazardous sidewalks for repair/replacement to reduce the potential for an incident to occur resulting in an injury or a claim for damages.

Our procedure is to document inspections and repairs/replacement of all sidewalks. A photo/video of the sidewalk that is in need of repair will be taken:
3 1. Prior to the repair

2. After warning/protections are put into place

3. After the repair or replacement phase is completed
Photographs
The condition of the sidewalk will be photographed with a digital camera before the work is started to provide evidence in case a claim for damages occurs from the abutting property owner after the sidewalk is repaired/replaced. Images of damaged sidewalks will include:
• The surrounding area(s) (i.e., trees, shrubbery, lawn fixtures, driveway approaches, and lawn).
• Utilization of a tape measure or an object for scale. • A straight edge may be used to help with documenting width and depth. If a straight edge is used, it should be at least 36” in length.

Inspection Criteria
Sidewalk inspectors should look for conditions likely to inhibit pedestrian access or cause injuries.

The list of common sidewalk maintenance problems may include, but is not limited to:

Step separation
A vertical displacement of 0.51 inches or greater at any point on the walkway that could cause pedestrians to trip or prevent the wheels of a wheelchair or stroller from rolling smoothly.

Badly cracked concrete
Examples include holes and rough spots ranging from hairline cracks to indentations wider than 0.5 inches.

Spalled areas
Fragments of concrete or other building material detached from larger structures.

Settled areas that trap water
Such as sidewalk segments with depressed areas, reverse cross slopes, or other indentations that make the sidewalk path lower than the curb. These depressions trap silt and water on the sidewalk and reduce the slip resistant nature of the surface.

Tree root damage
Roots from trees growing in adjacent landscaped areas that cause the walkway surface to buckle and crack. During a sidewalk installation or repair, the roots of a tree may be impacted. A qualified individual, such as an arborist, may be called upon to inspect the tree to see if it is structurally stable after cutting the roots. If the tree is not stable it will be removed or structurally supported to prevent the tree from falling. 1 2010 ADA Standards for Accessible Design, Section 303.3 4 Vegetation overgrowth
Ground cover, trees, or shrubs on properties or setbacks adjacent to the path that have not been pruned can encroach onto the path and create obstacles. Vegetation that takes root in sidewalk section seams and cracks can create trip hazards and barriers to access.

Obstacles
Objects located on the sidewalk, in setbacks, or on properties adjacent to the sidewalk that obstruct the passage space. Obstacles commonly include trash receptacles, utility poles, newspaper vending machines, and mailboxes.

General Safety
Any safety issue that a pedestrian or sidewalk inspector believes should merit attention, such as:
• Blocked drainage inlets and inadequate flow planning
• Temporary construction interruptions
• Inadequate patching after utility installation
*Source: DOT Best Practices Design Guide for Bicycle and Pedestrian Program See California Streets and Highway Code, Sections 5610-5618 for specific language.

Upon determination that a public nuisance exists on any lot or premises or upon any sidewalk, an authorized City/Town employee will issue a notice to the homeowner or business owner to abate such nuisance(s). The notice to abate the public nuisance may be served by posting the notice at the property or by other means.

Repair or Replacement Procedure
• Conduct an initial investigation within a reasonable timeframe upon the City/Town (i.e.

Public Works, Risk Management) receiving a complaint/notification. • Identify the areas needing repair with high-visibility fluorescent (i.e. orange) paint. • Take the damaged section out of service through the use of barricades, appropriate posted signage, and pedestrian traffic detours to other sidewalk(s) if necessary. • Establish a repair priority.
• Enter repair request into the work order system.
• Use most appropriate repair method (see Repair and Replacement Options Section). • Update the work order system as needed to identify action(s) taken. • Close out the work order once the repair or replacement is complete.

Repair and Replacement Options
5 The following options are available for repairing/replacing sidewalks (each repair process has limitations):

Asphalt Overlay: Asphalt overlays are effective as a temporary measure to smooth the surface of the concrete if the concrete is severely spalled or cracked.

Crack Filling: Crack filling is a process that fills cracks and voids with concrete in order to even out the surface.

Concrete Grinding: Concrete grinding is the process used to remove the upper surface of a slab of concrete by using an abrasive machine.

Concrete Saw Cutting: Concrete saw cutting is the cutting from edge to edge of the sidewalk to eliminate the trip hazard.

Mud Jacking: Mud jacking is used to correct differential settlement between concrete panels. It is appropriate where individual panels are in relatively good condition but have settled adjacent to one another.

Removal and Replacement: Sidewalk removal and replacement is appropriate if severe damage has occurred to the sidewalk that cannot be corrected by one of the methods described above.

Priority Levels
Priority levels for sidewalk repair and replacement are determined as follows:

1. Low — Visible, but not a concern

2. Moderate — Minor hazard, some maintenance

3. High — Safety hazard, maintenance or replacement

4. Extreme — Hazardous, priority replacement
Greater importance is assigned to areas such as school zones, senior centers, extreme hazards, business districts, and high walking traffic zones.

Sidewalk Warnings
Prior to a sidewalk being repaired or replaced, crews may install warnings on or near the damaged area of the sidewalk to warn pedestrians of a sidewalk defect. Warnings may include, but are not limited to the following:
• High-visibility paint
• CAUTION cones
• CAUTION tape
• Barricades
6 Financial Responsibilities
OPTION 1:

Crack filling, grinding, cutting, mud jacking and asphalt overlay are generally provided by the City/Town at no cost to the property owner. Concrete replacement is the sole responsibility of the property owner in residential or commercial areas. Residential properties will not be charged for concrete repairs on curbs or sidewalks flanking their property (curbs or sidewalks along the long side of a corner lot). New developments are expected to replace concrete at 100% their cost if required.

Property owners have the following options available to accomplish sidewalk replacement:
(A) They may do the work themselves. If this option is chosen, they will be required to obtain an encroachment permit from the City/Town. The work must be performed in accordance with City/Town standards.
(B) They may hire a licensed contractor to perform the work. Permit and work standards are applicable as stated above.
(C) They may have the City repair the sidewalk at their expense. Permit and inspection fees will be included in the cost of repair.

Property Owner Notification – Sidewalk Replacement
To allow property owners time to set aside funds for a possible assessment as a result of the sidewalk improvement program, advance notice will be given to the property owners who are affected using the Sidewalk Repair Notice (Appendices D and E). These notices may be sent by posting it at a conspicuous place on the land or premises or the abutting public right-of-way; by personal service on the owner, occupant, or person in charge or control of the property; or by sending a copy by certified mail to the property owner. See Appendix A for additional details on methods for property owner payments.

A mechanic’s lien may be placed on properties for non-payment.

OPTION 2 – SHARED COST:

Crack filling, grinding, cutting, mud jacking, and asphalt overlay are generally provided by the City/Town at no cost to property owner. Concrete replacement is generally charged on INSERT PERCENTAGE% property owner and INSERT PERCENTAGE% City basis for spot repairs in residential or commercial areas. Residential properties will not be charged for concrete repairs on curbs or sidewalks flanking their property (curbs or sidewalks along the long side of a corner lot). New developments are expected to replace concrete at 100% of their cost if required. See Appendices A and F for additional details.

A mechanic’s lien may be placed on properties for non-payment. 7 OPTION 3:

Crack filling, grinding, cutting, mud jacking, asphalt overlay, or replacement is provided at no cost to the property owner. New developments are expected to replace concrete at 100% of their cost if required.

Property Owner Notification – Sidewalk Replacement
To allow property owners in new developments time to set aside funds for a possible assessment as a result of the sidewalk improvement program, advance notice will be given to the property owners who are affected using the Sidewalk Repair Notice (Appendices D and E). These notices may be sent by posting it at a conspicuous place on the land or premises or the abutting public right-of-way; by personal service on the owner, occupant, or person in charge or control of the property; or by sending a copy by certified mail to the property owner.

Follow-Up Procedures
The City/Town will follow-up within INSERT NUMBER OF DAYS days of notification to ensure the sidewalk defect has been mitigated or corrected.

Incident/Accident Reporting Procedures
• Notify INSERT DEPARTMENT of an injury that results from a sidewalk trip and fall. • INSERT DEPARTMENT will investigate the injury allegation to determine the facts. • When needed, INSERT DEPARTMENT will coordinate with other departments to investigate issues with sidewalk complaints and to evaluate any needed repairs. • INSERT DEPARTMENT will notify the City’s/Town’s third-party liability claims administrator when a claim is filed.

Record Keeping
All documentation and photos of sidewalk inspections, complaints, notifications, replacements, and repairs are to be maintained by the INSERT DEPARTMENT. Records will be retained per the City’s/Town’s record retention policy.

APPENDIX A - PARTIAL LIST OF METHODS TO PARTNER WITH THE PROPERTY OWNER

FOR SIDEWALK REPAIRS
CAL STREETS & HIGHWAYS CODE SECTIONS 5610 – 5618:
[Notice to repair → entity repair → sends owner bill → lien and collection → goes on City/Town tax rolls → becomes a tax lien → foreclosure] • Use entity labor (reduced rate) and property owner’s materials • Advance the money for repair, and then seek reimbursement from owner (in a mutually agreeable manner)
• Waive the fee for the encroachment permit
• Accept periodic or monthly payments from owner
• Accept payment after sale or refinance of property
• Accept payment after death from proceeds of an estate • Establish a separate “revolving fund” for sidewalk repair – proceeds from payments from property owners or other entity sources (money earns interest) • Issue bonds for sidewalk repair
• Share liability only with commercial business owners and not residential owners • Decide not to seek payment or repair from the property owner at all (if nonprofit entity, the elderly, the disabled, or persons on fixed income, etc.) APPENDIX B – SIDEWALK MANAGEMENT GRID MAP
[Insert grid map here]
APPENDIX C – Sidewalk Management Criteria Chart
The following criteria will be used to maintain sidewalks:

Sidewalk Condition Action
A. Sidewalk vertical displacement less than ½” None taken B. Sidewalk vertical displacement between ½” and 1 ½” Sidewalk is ground or sliced smooth when the integrity of the sidewalk is
good. If the sidewalk is in poor
condition, it will be removed and
replaced with new concrete.

C. Sidewalk vertical displacement greater than 1 ½” Sidewalk is removed and when funding is available plain cement
concrete (PCC) will be poured back in
place. If funding is limited, the
City/Town may elect to use asphalt in
place of PCC. When asphalt concrete
(A/C) is used instead of PCC the
City/Town will place the repaired
location on a list to ensure
replacement with PCC at a later date
when funding is available.

D. Sidewalk cracked, creating an uneven and lifted
surface
Sidewalk is removed and replaced in
next scheduled zone or City-Townwide sidewalk maintenance project.

E. Sidewalk shows breaking, cracking, spalling of
concrete to a depth or width of ½” or greater
Repair specific to structural failure.

Concrete patch may be used.

F. Objects, grates, or sidewalk condition or width are a barrier to accessibility for pedestrians, mobility or
visually impaired persons
Finding provided to ADA Coordinator
and prioritized for remediation
consistent with the City’s/Town’s ADA
transition plan.

G. *Uplifted curb and gutter (where the curb and gutter are displaced and/or ponding water is undermining
the adjacent pavement)
Will only be replaced if the homeowner
shares in the cost of the work.

H. “Uplifted curb and gutters (where the curb and gutter are displaced in a way and in a location that will
cause either vehicle damage or hindrance to
pedestrian travel.

Location is added to the curb and
gutter list for removal and
replacement.
*Uplifted or damaged curb and gutter is not a priority; the City’s/Town’s first priority is to address curb and gutter conditions that interfere with access to the pedestrian walkway areas and limits access to main path of travel. Ponding water in the gutter pan only becomes a priority when the water affects the stability and integrity of the adjacent pavement section as water in the pavement sub grade will deteriorate the service life of City/Town streets.

APPENDIX D
[Date]
SIDEWALK REPAIR NOTICE – FIRST NOTICE
[Name of Property Owner]
[Street Address]
[City, State Zip Code]
RE: Sidewalk Management Program – First Notice to Repair Dear Property Owner:

Your property located at ENTER PROPERTY ADDRESS was recently inspected under the City’s/Town’s Sidewalk Management Program. As such, portions of the sidewalk have been marked for repair and/or replacement.

The State of California, Streets and Highway Code, Section 5610 states property owners shall maintain any sidewalk fronting their property in such condition that will not endanger persons or property and maintain it so that it will not interfere with public convenience.

Upon receipt of this notice, we are requesting that you take action as soon as possible to correct the hazard.

The marked sidewalk area on your property has the potential of tripping pedestrians, resulting in personal injury and possible liability.

You have the following options available to accomplish the repair:
(A) You may do the work yourself. If you choose to do this, it will be necessary for you to obtain an encroachment permit from the City/Town. The work must be performed in accordance with City/Town standards. Permits can be obtained at the INDICATE THE DEPARTMENT AND STREET ADDRESS WHERE PERMITS MAY BE OBTAINED.
(B) You may hire a licensed contractor to perform the work. Permit and work standards are applicable as stated above.
(C) You may have the City/Town repair the sidewalk at your expense. Permit and inspection fees are included in the cost of repair.

If the repair, or a response to the City/Town, with intention to repair, is not initiated within two weeks of this notice, the City/Town will add the sidewalk area to a scheduled list of repair work. Any costs incurred for the repair of the sidewalk will be at your expense. Failure to pay may result in a lien being placed on the property.

If you have any questions or concerns regarding this matter, please contact me at INSERT CONTACT INFORMATION.

Sincerely,

APPENDIX E

[Date]
SIDEWALK REPAIR NOTICE – SECOND NOTICE
[Name of Property Owner]
[Street Address]
[City, State, Zip Code]
RE: Sidewalk Management Program – Second Notice to Repair Dear Property Owner:

Your property located at ENTER PROPERTY ADDRESS was inspected under the City’s/Town’s Sidewalk Management Program. As such, portions of the sidewalk on your property have been marked for repair and/or replacement.

A notice to repair the sidewalk was sent to your property on INSERT DATE. This second notice is to bring to your attention that the sidewalk on your property has not been repaired. Per the State of California, Streets and Highway Code, Section 5610, property owners shall maintain any sidewalk fronting their property in such condition that will not endanger persons or property and maintain it so that it will not interfere with public convenience.

Upon receipt of this notice, we are requesting that you take action to correct the hazard. The marked sidewalk area on your property has the potential of tripping pedestrians, resulting in personal injury and possible liability.

You have the following options available to accomplish the repair:
(A) You may do the work yourself. If you choose to do this, it will be necessary for you to obtain an encroachment permit from the City/Town. The work must be performed in accordance with City/Town standards. Permits can be obtained at the INDICATE THE DEPARTMENT AND STREET ADDRESS WHERE PERMITS MAY BE OBTAINED.
(B) You may hire a licensed contractor to perform the work. Permit and work standards are applicable as stated above.
(C) You may have the City/Town repair the sidewalk at your expense. Permit and inspection fees are included in the cost of repair.

If the repair, or a response to the City/Town, with intention to repair, is not completed within two weeks of this notice, the City/Town will add the sidewalk area to a scheduled list of repair work. Any costs incurred for the repair of the sidewalk will be at your expense. Failure to pay may result in a lien being placed on the property.

If you have any questions or concerns regarding this matter, please contact me at please contact me at INSERT CONTACT INFORMATION.

Sincerely,
APPENDIX F – SHARED COST PROGRAM
Shared Cost Sidewalk Program Overview
The Shared Cost Sidewalk Program offers a cost per square foot charged to property owners well below what a private contractor would charge. Senior citizens and persons with disabilities may qualify to receive an additional discount.

The scope of a Shared Cost Sidewalk Program project is limited to sidewalks within the public right-of way, and may include the main walk, the sidewalk through a driveway, the existing courtesy walk (which runs perpendicular from the main sidewalk to the curb), and existing landing steps (the small strip of concrete sometimes found adjacent to the curb). Sidewalks on private property will only be included if needed for transition purposes; otherwise it is NOT eligible for replacement under the Shared Cost Sidewalk Program. Owners of corner properties will be charged for sidewalks on both the main (address) side and the non-address side of the property.

However, these property owners can contact the City/Town and elect to have only one side of their property surveyed for the program. The City/Town will continue to build ADA-compliant corner ramps where applicable, with the City/Town paying the entire cost of the ramps.

Replacement of sidewalk is based on engineering considerations. In order to minimize the cost to property owners and increase the number of Shared Cost Sidewalk Program participants, only the portion of sidewalk in need of replacement as determined by the City/Town is eligible for the Shared Cost Sidewalk Program pricing. The property owner does have the option to replace the entire sidewalk in front of the property. However, the entire cost to remove and replace the portion of sidewalk determined by City/Town to be in good condition will be charged to the property owner.

NO senior or persons with disabilities discount will be applied to this work. To clarify, the City/Town will not pay for removal and replacement of sidewalks in good condition.

Due to significant participant interest, the removal and replacement of permitted driveway aprons (the portion of driveway between the sidewalk and curb) can be added to the project. However, the entire cost to remove and replace the driveway apron will be charged to the property owner.

No senior or persons with disabilities discount will apply to this work. To clarify, the City/Town will not share the cost for removal and replacement of driveway aprons.

Applications for this Program will be taken on a first-come, first-served basis. The number of participants is based on availability of funds each fiscal year. Applications will only be accepted through the City’s/Town’s 311 system by calling 311 or through the service request website INSERT WEBSITE LINK.

When making your request:
• Specify that you want to participate in the Shared Cost Sidewalk Program. • If you currently do not have a courtesy walk or landing step and would like one installed, this should be mentioned at the time of request. Installation is subject to engineering recommendation.
• If you are interested in removal and replacement of the driveway apron, this should be mentioned at the time of request.
• You must give the property owner’s complete name, a contact phone number, email address if available, and the property’s complete address.

Please note that Shared Cost Sidewalk Program applications that are missing any of the requested information may not be processed.

Once the program budget amount is met, the program will close for the fiscal year. Applicants will be notified via U.S. mail indicating whether they have been included in the Shared Cost Sidewalk Program. Applicants included in the program will receive a bill indicating the property owner amount due. Payment in full must be made to the City’s/Town’s Department of Finance within the timeframe indicated on the bill in order for work to proceed. The Shared Cost Sidewalk Program continues to provide great value to property owners while helping improve neighborhoods. Should you have any questions, please contact [insert contact information].

APPENDIX G
Shared Cost Sidewalk Program Frequently Asked Questions The Shared Cost Sidewalk Program is a voluntary program in which property owners and the INSERT NAME OF ENTITY share the cost of replacing sidewalks.

The Shared Cost Sidewalk Program offers a cost per square foot charged to property owners well below what a private contractor would charge. Senior citizens and persons with disabilities may qualify to receive an additional discount. The approximate cost to a property owner of an average mid-block property will range from INSERT MONETARY RANGE. These prices are significantly below what a private contractor would charge.

How does the process work?

1. Applicants for the Shared Cost Sidewalk Program will only be accepted through the City’s/Town’s 311 system by calling 311 or through the City’s/Town’s service request website INSERT WEBSITE LINK. Note the following:
• Make sure to specify that you want to participate in the Shared Cost Sidewalk Program.
• Specify if you (the property owner) are a senior or disabled citizen. Seniors and/or disabled citizens may qualify for a 50 percent discount on the Shared Cost Sidewalk Program cost.
• If you currently do not have a courtesy walk (which runs perpendicular from the main sidewalk to the curb) or landing step (the small strip of concrete sometimes found adjacent to the curb) and would like one installed, this should be mentioned at the time of request. Installation is subject to engineering recommendation. • If you are interested in removal and replacement of the driveway apron (the portion of driveway between the sidewalk and curb), this should be mentioned at the time of request.
• You must give the property owner’s complete name, a contact phone number, email, address if available, and the property’s complete address. • Please note that Shared Cost Sidewalk Program applications that are missing any of the requested information will not be processed.

2. Applications will be taken on a first-come, first served basis. The number of participants is based on availability of funds for the fiscal year. Once capacity is reached, requests for participation in the program will no longer be accepted and property owners will have to apply to the program the following fiscal year. Applicants will be notified via U.S. mail indicating whether they have been included in the Shared Cost Sidewalk Program. Also check our website INSERT WEBSITE LINK for program updates.

3. The City/Town will survey the area to determine the scope and cost of reconstruction.

Sidewalk replacement is based on engineering considerations. Based on the survey. it may be determined that some locations meet City/Town standards and will not require reconstruction.

4. If it is determined that the property is eligible for the Shared Cost Sidewalk Program, the City/Town will send a cost estimate for the work to the property owner. If interested, payment in full must be made to the INSERT WHERE PAYMENT IS TO BE SENT within the timeframe indicated on the cost estimate (approximately 45 days).

Payment can also be made in person at the INSERT WHERE PAYMENT CAN BE MADE.

Once payment is submitted, you may contact INSERT CONTACT INFORMATION to verify payment has been received.

5. If you are eligible for a senior citizen or persons with disability rate that was not applied to your estimate, contact INSERT CONTACT INFORMATION. A revised cost estimate will be issued to the property owner reflecting the discount once the required documentation has been received and verified. Payment must be submitted within the timeframe indicated on the original cost estimate.

6. Cost estimates are only valid for the timeframe indicated on the estimate (approximately 45 days). Payment in full must be made to the INSERT WHERE PAYMENTS CAN BE SENT within this timeframe in order for work to proceed.

7. The work will begin as soon as resources are available.

Who is eligible to participate?
All property owners with non-vaulted sidewalks are eligible to participate. Custom sidewalks (e.g., granite, colored, custom designs, etc.), vaulted sidewalks, and private property sidewalks are not eligible to be included in the program.

Who is eligible for the senior or disabled discount?
Seniors (age 65 or older) or disabled owner-occupants of non-commercial properties of four units or less.

What information is required to receive the senior or disabled rate? Seniors age 65 or older must provide proof of age, ownership, and occupancy:
• Age: birth certificate or driver’s license or 2nd installment tax bill showing senior exemption • Ownership: tax bill (2nd installment) or title deed
• Occupancy: voter’s card or utility bill
Persons with disabilities must provide proof of ownership, occupancy, and disability:
• Ownership: tax bill (2nd installment) or title deed
• Occupancy: voter’s card or utility bill
• Disability: Must provide one of the following:
o Disability benefits received from Social Security Administration, Veterans Administration, Civil Service, or Railroad Retirement
Documentation verifying the senior citizen or persons with disabilities rate should be submitted by one of the following options:
• Fax to: INSERT FAX NUMBER
• Email to: INSERT EMAIL ADDRESS
• Mail to:

Shared Cost Sidewalk Program

INSERT MAILING ADDRESS
For any assistance with or questions regarding the senior citizen or persons with disabilities rate, please contact INSERT CONTACT INFORMATION.

What does the scope of work include?
The scope of the Shared Cost Sidewalk Program is limited to sidewalks within the public right-of way and may include replacing the main sidewalk in front of the property, the sidewalk through a driveway, the existing courtesy walk (the smaller walkway that runs perpendicular to the main walk, from the main walk to the curb) and existing landing steps (the small strip of concrete sometimes found adjacent to the curb). Sidewalk on private property will only be included if needed for transition purposes; otherwise it is NOT eligible for replacement under the Shared Cost Sidewalk Program. Owners of corner properties may be charged for sidewalk on both the main address side and non-address side of the property.

Replacement is based on engineering considerations. In order to minimize the cost to property owners and increase the number of Shared Cost Sidewalk Program Participants, only the portion of sidewalk in need of replacement as determined by the City/Town is eligible for the Shared Cost Sidewalk Program pricing. The property owner does have the option to replace the entire sidewalk in front of the property. However, the entire cost to remove and replace the portion of sidewalk determined by the City/Town to be in good condition will be charged to the property owner. NO senior or persons with disabilities discount will apply to this work. To clarify, the City/Town will not pay for removal and replacement of sidewalk in good condition.

Will the driveway apron be replaced?
If your driveway crosses the sidewalk, the Shared Cost Sidewalk Program scope of work may include the sidewalk through the driveway. Abandoned driveway aprons no longer in use will be removed and replaced with topsoil. Grass seed or sod will not be placed in these areas.

Removing abandoned driveway aprons and replacing with topsoil will be charged to the property owner.

Due to significant participant interest, the removal and replacement of permitted driveway aprons (the portion of driveway between the sidewalk and curb) can be added to the project. However, the entire cost to remove and replace the driveway apron will be charged to the property owner.

No senior citizen or persons with disabilities discount will apply to this work. To clarify, the City/Town will not pay for removal and replacement of driveway aprons.

What if use and access of my driveway is affected by this work? Your access will only be interrupted if the sidewalk portion to be replaced falls within the driveway.

You will be given notification of work affecting use of your driveway at least 24 hours in advance of removal. Affected driveways should not be used until the concrete has sufficiently hardened as evidenced by the removal of barricades. Typically, seven days of concrete curing is required.

Will the area receive grass seed?
No. Crews will not seed the area around the main walk, courtesy walk, and landing step if the soil is disrupted during construction.

Will pavers or other structures in the parkway be reset when work is completed? Brick pavers, fencing, and planters or any other obstructions in the parkway may be removed during construction and will be loosely reset when construction is completed. Reinstallation of removed elements is the property owner’s responsibility.

What if tree roots have damaged the existing courtesy walk or landing step? If necessary, the existing courtesy walk or landing step will be removed and replaced further away from the tree to help avoid future damage. If it is determined the courtesy walk or landing step cannot be either replaced in the current location or relocated, it will be replaced with topsoil. Grass seed or sod will not be placed on these areas. Removing courtesy walks or landing steps and replacing with topsoil will be charged to the property owner.

What if there is a sprinkler system at the property?
The City/Town is NOT responsible for sprinkler systems in the parkway or adjacent to the sidewalk. Property owners are advised to cut and cap the lines and remove any sprinkler heads that may be damaged during the Shared Cost Sidewalk Program work. Property owners should notify the City/Town of an existing sprinkler system in order to minimize any potential damage.

Is there any warranty for the work?
Yes. Sidewalk construction has a warranty of one year from the date of construction, covering significant deterioration of the sidewalk. (Note: Some small cracks, especially in sidewalk joints, are common. Since they are not caused by construction, they are not covered by the warranty).

Is this bill final?
This bill is based on measurements and is considered final. If it is later determined that more work is needed you will NOT be billed for that additional work. Furthermore, if the amount of work is reduced for any reason, your money will be refunded if the difference is $100 or greater.

Please contact our office INSERT CONTACT INFORMATION before sending your payment if you would like to request any changes to the scope of work represented on this bill.

If you have any additional questions, please contact INSERT CONTACT INFORMATION.

APPENDIX H
[DETERMINE IF THE ENTITY WISHES TO ADOPT THE SIDEWALK ORDINANCE AND MODIFY AS NEEDED]
Sample

MAINTENANCE AND CONSTRUCTION OF SIDEWALKS, DRIVEWAYS,

CURBS AND GUTTERS ORDINANCE
Title
This chapter shall be known as the sidewalk ordinance.

Scope
This chapter sets forth rules and regulations to control the repair and construction of sidewalks, driveways, curbs and gutters, and the removal of obstructions from sidewalks, driveways, curbs and gutters; establishes the administrative procedures for issuance of permits; and provides for the control of obstructions placed where the construction, alteration or repair work is performed for the purpose of safeguarding persons and property against unreasonable hazards resulting from uncontrolled construction practices, in the interest of public health, welfare and safety.

Property Owner Responsibility to Repair and Maintain Sidewalk A. The owner of a parcel of real property which fronts on any portion of a sidewalk between the property line of the parcel and the street line, including the parking strip and the curb, is responsible for the repair and maintenance of the sidewalk and shall pay/may pay the cost and expense of repair and maintain said sidewalk area whether or not the City/Town has notified the owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.

B. The owner of a parcel of real property is under a duty to members of the general public, including but not limited to users of the sidewalk, to keep the portion of any sidewalk described in subsection (a) in a safe condition.

C. The failure of the owner to fulfill the duties imposed by subsections (a) and (b), or the performance of such duties and obligations by the owner in a negligent manner, shall constitute negligence. An owner shall be liable to any member of the general public injured on or by a sidewalk area if the owner's negligence hereunder is a proximate cause of the injury. The City/Town shall not be liable for an injury caused by the negligence of an owner.

Actions Prohibited
It is unlawful for any person to perform any work within the scope of this chapter except for the removal of obstructions, without first having obtained an encroachment permit from the Department of Public Works pursuant to this chapter.

Guarantee Deposit Fee
A licensed contractor desiring a permit pursuant to this chapter must first deposit with the Director of Public Works a guarantee deposit fee as hereinafter provided. No fee is required when a homeowner desires a permit pursuant to this chapter to do work on the frontage of his own property.

The guarantee deposit shall be retained by the City/Town for a period of twelve months after the date of the completion of the work called for in the last permit issued, and no permit shall be issued unless such guarantee deposit shall be reimbursed by the depositor for any deductions made as provided in this chapter. If within twelve months after the completion of the work called for in any permit the sidewalk and/or curb and gutter and/or driveway should break, disintegrate or otherwise fail to comply with the provisions of this chapter, the Director of Public Works shall notify the person making the deposit of such break, disintegration, or failure, and specify the repairs needed or work to be done, and such person shall, within ten days from the date of such notice, make such specified repairs. If such repairs are not made within the fixed time, the same may be made by the Director of Public Works and the cost thereof shall be paid from the guarantee deposit on hand with the City/Town.

After a lapse of twelve months from the date of completion of work called for in the last permit issued to any permittee, upon written demand of such permittee, or his successors or assigns, where such transfers or assignment is made in the manner as hereinafter provided, accompanied by a certificate from the director of public works stating that all needed repairs have been made, and that all the conditions of this chapter have been complied with, the City/Town shall return the guarantee deposit, or such portion thereof as may remain after deduction of all fees for repairs and work done as aforesaid, to the permittee or his said successors or assigns.

Transfer of Guarantee Deposit
The guarantee deposit may be transferred to another party where such transfer is made pursuant to a judgment of court, or by an agreement of dissolution of a partnership or upon a bona fide sale of the business of the person having ceased to do work under the permit, and entitled to a return of the deposit as provided in this chapter. In the event of any transfer, the receipt for such deposit, or satisfactory proof of the loss of same, must be delivered to the Director of Public Works for verification. No transfer shall be made of the deposit other than as provided in this section.

In the event of a transfer of the guarantee deposit, such transfer shall in no way affect the liability of the deposit for any work done by the person transferring the deposit, nor shall it in any way affect the liability of such person under the provisions of this chapter.

Permit
The Director of Public Works shall charge a fee for each and every permit issued, in addition to inspection and engineering fees as hereinafter provided in this chapter. In no case shall a permit be granted to construct sidewalks, curbs and/or gutters where the council has declared its intention to construct such sidewalks, curbs and/or gutters under the general laws of the State of California, and also provided that in the event any of the terms or conditions of this chapter are not complied with, no further permit shall be issued to such person while noncompliance continues to exist, or while such person is indebted to the INSERT NAME OF ENTITY for money expended in accordance with the terms and conditions of this chapter.

Inspection Fee
It shall be the duty of the Director of Public Works to cause an inspection to be made of sidewalks, driveways, curbs and gutters constructed under the permit, to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.

The Director of Public Works shall charge an inspection fee for all installations of sidewalk, driveway, curb or gutter as hereinafter provided.

Transfer of Permit for Construction of Sidewalks, Driveways, Curbs or Gutters No construction and/or repair of sidewalks, driveways, curbs and/or gutters to be performed under a permit issued pursuant to this chapter shall be performed except by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for the work. In the event that it shall be ascertained that any work is being done, or has been done, under a permit issued to anyone other than the person responsible to the owner for the work, and in the event it shall be proven that the use of the permit was with the knowledge and consent, express or implied, of the designated permittee, then the guarantee deposit made by such permittee shall become forfeited to the City/Town.

Control of Work—Construction of Sidewalks, Driveways, Curbs and Gutters - Compliance With Permit and Adopted Specifications
All sidewalks, driveways, curbs and/or gutters must be repaired and/or constructed in every particular in accordance with the permit therefor issued; must be completed within thirty days from the date of the permit, unless an extension of time thereon is granted by the director of public works. If all of the construction and/or repair work of any sidewalk and/or driveway is not completed at the expiration of the time allowed by the permit appertaining thereto, and in accordance with the terms of this chapter, the director of public works may notify the contractor to complete the work within two days, and if not so completed, the Director of Public Works is authorized to have the same done at the expense of the contractor, and his guarantee deposit, or as much thereof as may be necessary, shall be applied in payment therefor. Such work must be in accordance with such specifications as may be adopted by the INSERT NAME OF ENTITY, from time to time, for the construction and/or repair of sidewalks, driveways, curbs and/or gutters.

Driveway Defined - Approved width.

A "driveway" is defined as any approach leading to or from a street which passes over or upon the curbing, parking, or sidewalk area, for the purpose of a vehicular approach. Such driveway width shall not be less than twelve feet or more than twenty feet at the curb line except that with the approval of the Director of Public Works, such driveway may be constructed to a greater width.

Elimination of Abandoned Driveway - Authority of Director of Public Works The Director of Public Works shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that, at the owner's expense, the curb, parkway and sidewalk shall be restored to its original condition, or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to established grade.

Notice
Such notice, as required in previous section, shall particularly specify what work is required to be done, how the same is to be accomplished, and what materials shall be used. The notice shall be given personally by service upon the owner or person in possession of the property facing such driveway, or by placing such notice in the United States mail in a sealed envelope addressed to the person in possession of such property, or to the owner thereof, addressed to his last known address as the same appears on the last equalized assessment rolls of the INSERT NAME OF ENTITY, and when no address so appears, to general delivery, INSERT NAME OF ENTITY, with postage prepaid.

Proceedings to Assess Costs
If such work is not commenced within two weeks after such notice is given as aforesaid and diligently without interruption prosecuted to completion, the Director of Public Works shall proceed to cause such work to be done in the manner and pursuant to the provisions of this chapter.

Temporary Obstructions.

The permit granted pursuant to this chapter shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration or repair work is to be performed, such materials or equipment as may be necessary for use in performing such work, provided, however, that such materials and equipment shall not occupy more than one-third of the roadway in front of the construction work, and shall be placed thereon subject to the direction and approval of the Director of Public Works. In no event shall the equipment or materials be placed within five feet of any railroad track. All materials, debris, and equipment shall be so placed as not to obstruct any gutterway, and shall be so cared for as to prevent material from being blown or otherwise carried into any gutterway, or any catch basin, or any portion of the street other than that lawfully occupied by such obstruction. No material or other obstruction shall be placed within fifteen feet of fire hydrants, which must remain at all times readily accessible to the fire department.

The permit shall prescribe the date when work shall begin, and the time of occupancy of the street, provided, however, that the Director of Public Works may order the materials, equipment and debris, or any portion thereof, to be removed within three days after written notice, and in the event the same is not removed within the time prescribed by the Director of Public Works, or in the permit, as the case may be, the Director of Public Works may cause the same to be removed and charge the costs thereof against the guarantee deposit. The placing of materials and equipment upon the street for the purpose of such construction work and the removal thereof shall be held to be part of such construction work. In the construction and/or repair of sidewalks, driveways, curbs and/or gutters, all rejected and refuse materials shall be removed immediately and all surplus materials shall be removed from the site within two days after completion of the work.

Public Safety
Whenever the construction or repair of sidewalks, driveways, curbs and/or gutters, or other improvement contracts or undertakings require the temporary occupancy of any portion of a public street or a public sidewalk and a permit has been granted for such occupancy pursuant to the provisions of this chapter, such permit and such occupancy shall be subject to the provision that permittee furnish and maintain such facilities as fences, barriers, "street closed" signs, lights and watchmen as may be necessary to provide adequate protection and prevention of avoidable accidents to the public.

Where such facilities or any of them are not provided or are out of service and an emergency exists that necessitates protective measures, the Director of Public Works, or his representative, may provide such facilities during the emergency and the cost thereof shall be paid by the permittee or deducted from any deposit made with the City/Town as a condition to the granting of such permit.

The Director of Public Works, or his representative, before taking the above-mentioned emergency action, shall take all steps reasonable under the circumstances to notify the permittee, or his known representative, of the existing conditions and allow such permittee to care for the same, provided he acts promptly and expeditiously.

Removal of Obstructions
Every owner of real property in the City/Town shall keep the entire width of the sidewalks in front of such property from curb to lot line, free and clear of all weeds, rubbish, debris, or other obstructions, excepting obstructions permitted by law, which from any cause whatever shall have accumulated or may accumulate upon the sidewalk above the established grade of the same.

The Director of Public Works may order the weeds, rubbish, debris, obstructions or materials to be removed within two weeks after written notice is given, and in the event same is not removed within the time prescribed by the Director of Public Works, the Director of Public Works may cause the same to be removed and the cost of the same shall be a lien on the property.

Parking Strip
It is unlawful to place loose rock, decorative stones or pebbles, bark, asphalt or any other surfacing not specified hereafter in any strip of land used and maintained for parking between any property line and street. It is lawful to pave with concrete, brick, or exposed aggregate concrete in such a parking strip by first obtaining a permit from the director of public works.

In any of the above-mentioned situations, the Director of Public Works may require that planting areas be left in the parking strip for the planting of street trees and may require the planting of such trees as a condition of such permit.

Schedule of Fees
The applicant shall pay to the City/Town in the office of the Director of Public Works such fees as may be established from time to time by resolution of the council of the City/Town in the following categories:
(a)
Permit Fee. A separate application and permit fee is required for each and every site. (b)
Inspection Fee. Based on the total area of sidewalk, driveway and gutter and the linear feet of curb, as herein provided.
(c)
Engineering Services. When engineering services are necessary for the proper construction of improvements, such services shall be furnished by the Director of Public Works and fees shall be charged therefor.
(d)
Guarantee Deposit Fee. A deposit fee to guarantee contractor's work from any failure or breakage for a twelve-month period.

Incorporation of Chapter 22, Improvement Act of 1911.

The provisions of Chapter 22 of Part 3, Division 7, Streets and Highways Code of the State of California (cited as the "Improvement Act of 1911") are hereby expressly referred to and by such reference are made a part of this chapter.

Incorporation of Chapter 27, Improvement Act of 1911.

The provisions of Chapter 27 of Part 3, Division 7, Streets and Highways Code of the State of California (cited as the "Improvement Act of 1911") are hereby expressly referred to and by such reference are made a part of this chapter.

Safe Routes to School Plan and
Sidewalk Repairs (DataWorks, Right of Way Assessment)

PROPOSED

EXISTING
LEGEND:

Bike Lane or
Route
Crosswalk
Sidewalk
Bike Lane
Crosswalk
School Bus
Stop
Safe Routes
to School Plan:

DataWorks
Sidewalk
Repairs:

BACKGROUND:

The proposed ordinances and resolutions address the backlog of private sidewalk repairs in the City of Willits and reduce the City’s 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 proposed resolutions would create an economic hardship program for qualifying low-income property owners and would waive administrative permit fees for all property owners for a designated period.

THE CODE:

California Streets and Highways Code sections 5610-5629 requires property owners to maintain sidewalks in front of their property, even though this is within City right-of-way. This includes normal wear and tear, old and deteriorated sidewalks or damage caused by a tree within private property, or other damage caused by the property owner. The City may conduct temporary fixes but it is the property owner’s responsibility to make permanent repairs to these conditions.

WHY YOU SHOULD FIX YOUR SIDEWALK:

The property owner may incur civil liability for a person suffering personal injury or property damage where the property owner caused or created the defective sidewalk condition. It is in the owners' best interest to maintain the sidewalk to reduce their risk and comply with California Streets and Highways Code sections
5610-5629.

FOR MORE INFORMATION:

Contact the Willits Community Development Department (phone: 707-459-7155).

PRIVATE TREE DAMAGE TEMPORARY FIX OLD & DETERIORATED
Note: Photos shown above are examples of damaged sidewalks and do not convey all potential conditions.

THE CITY OF WILLITS IS PREPARING A NEW SIDEWALK ORDINANCE:

WHO'S RESPONSIBLE FOR SIDEWALK REPAIRS?
ATTACHMENT C: State and Willits Regulations FAQ
Page | 1
Maintenance & Repair  Revisions Needed
Liability  Missing
Permit Requirements  Revisions Needed
Inspection & Enforcement  Revisions Needed
Cost Sharing & Financial Assistance  Missing
Repair Criteria  Revisions Needed
Noticing/Deadlines  Revisions Needed
ATTACHMENT C: State and Willits Regulations FAQ
Page | 2
Current California and City of Willits Sidewalk Repair Regulations (City of Willits Municipal Code Chapter 12.16 and California Streets and Highways Code Chapter 22, Article 2, 5610-5618).

Proposed Updates to the
City of Willits Municipal
Code for Sidewalk Repairs
Frequently
Asked
Questions:

Description:

Current Code
(State vs. Willits):

Proposed Code
Changes:

Who is
responsible
for paying
for and
maintaining
sidewalks
adjacent to
private
property?
State regulations (5610-
5618): Currently
require that the owner
of a property adjacent
to a sidewalk will be
held responsible for
that sidewalk’s repair
and/or maintenance.
*If a property owner
does not complete the
required repairs, the
city must complete the
repairs and will charge
the property owner for
the associated costs.

CA §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.
• Update the City of Willits code
(12.16) to reflect state
requirements to include
property owner liability for
repair.
• Update Willits code to include a
Point-of-Sale Ordinance
requiring sidewalk repairs to be
completed at the time of
property title transfer, allowing
buyers and sellers to negotiate
the sidewalk repair costs.
•Work with City Council to
determine if a Sidewalk
Maintenance Plan can be
developed for the city to be
eligible for additional city grant
funding and/or other costsharing and financial
assistance for sidewalk
construction or maintenance.

Willits Chapter 12.16:

The Liability requirements for sidewalk
repair are not clearly stated; the owner is
required to replace broken (driveway)
curbs.

ATTACHMENT C: State and Willits Regulations FAQ
Page | 3
Current California and City of Willits Sidewalk Repair Regulations (City of Willits Municipal Code (WMC) Chapter 12.16 and California Streets and Highways Code Chapter 22, Article 2, 5610-5618).

Proposed Updates to the
City of Willits Municipal
Code for Sidewalk Repairs
Frequently
Asked
Questions:

Description: Current Code
(State vs. Willits):

Proposed Code
Changes:

When are
sidewalk
repairs
required?
The state requires
sidewalks to be
maintained in a condition
that will not interfere with
public use; the City of
Willits requires sidewalk
repairs to be completed
based upon the cost of
structural (building)
alterations, additions, or
repairs.
*If a property owner
does not complete the
required repairs, the
city must complete the
repairs and will charge
the property owner for
the associated costs.

CA §5610:

The owners of lots… 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…
• Update the Willits code (12.16)
to reflect state requirements
to include property owner
liability for repair.
• Update Willits code to include a
Point-of-Sale Ordinance
requiring sidewalk repairs to be
completed when the cost of
construction or remodeling
exceeds $100,000, or at the
time of property title transfer,
allowing buyers and sellers to
negotiate the sidewalk repair
costs as part of the property
sale.
• Update Willits code to include a
Point-of-Sale Ordinance with a
‘Self-certification’ process to
facilitate timely escrow
closings.

Willits Chapter 12.16:

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.

ATTACHMENT C: State and Willits Regulations FAQ
Page | 4
Current California and City of Willits Sidewalk Repair Regulations (City of Willits Municipal Code (WMC) Chapter 12.16 and California Streets and Highways Code Chapter 22, Article 2, 5610-5618).

Proposed Updates to the
City of Willits Municipal
Code for Sidewalk Repairs
Frequently
Asked
Questions:

Description: Current Code
(State vs. Willits):

Proposed Code
Changes:

Will the
City assist
with
payment or
completion
of the
sidewalk
repairs if
requested?
Willits does not currently
have funds to provide
financial assistance to
private property owners
for sidewalk repairs; until
City Council determines
funding source(s),
sidewalk repairs are the
sole responsibility of the
adjacent property owner.
*Some roadways have
planned sidewalk
replacement included in
the City’s Capital
Improvement Plan*
CA §5628:

As an alternative method of collection of
the amount of the lien, the legislative
body, after confirmation of the report of
the superintendent of streets, may order
the notice of lien to be turned over to the
assessor and the tax collector of the city,
whereupon it shall be the duty of those
officers to add the amount of the
assessment to the next regular bill for
taxes levied against the lot or parcel of
land.
• Work with City Council to
determine if a Sidewalk
Maintenance Plan can be
developed for the city to be
eligible for additional city grant
funding and/or other costsharing and financial
assistance for sidewalk
construction or maintenance.

Willits Chapter 12.16:

The city’s municipal code does not
currently have any regulations or
programs to financially support sidewalk
repairs for private property owners.

A C C E S S 30
Property has its duties as well as its rights.
—Thomas Drummond
Public infrastructure often decays invisibly, and we are shocked when a bridge gives way or a water main breaks. Sidewalks, however, decay right before our eyes and under our feet. Perhaps because sidewalks fail gradually rather than collapse spectacularly, many cities have neglected sidewalk
repairs and have let neighborhoods become less
walkable. In Los Angeles, for example, 4,600 of
the city’s 10,750 miles of sidewalks need some
degree of repair at an estimated cost of $1.2 billion.

Despite this backlog, the city fixed an average of
only 67 miles of sidewalks a year between 2000 and
2008. Even if sidewalks miraculously stopped
breaking, at that pace it would take 69 years to
repair all the existing damage.

Fixing Broken Sidewalks

B Y D O N A L D S H O U P
Donald Shoup, FAICP, is Professor of Urban Planning at the University of California, Los Angeles ([email protected]). 31 A C C E S S
N U M B E R 3 6 , S P R I N G 2 0 1 0

THE AMERICANS WITH DISABILITIES ACT
Broken sidewalks make the city less accessible, especially for the blind and those who use wheelchairs, canes, or walkers. Accessible sidewalks have emerged as an important legal issue since the US Ninth Circuit Court of Appeals ruled in 2002 that the Americans with Disabilities Act (ADA) applies to sidewalks. In 2003 the US Supreme Court declined to overturn the Ninth Circuit ruling.

A class-action suit, Barden v. City of Sacramento, had alleged that Sacramento violated the ADA by allowing its sidewalks to fall into disrepair. The court ruled that the ADA covers “anything a public entity does” and any “normal function of a governmental entity.” To settle the case, Sacramento agreed to dedicate 20 percent of its annual transportation budget for up to 30 years to make public sidewalks accessible. Specifically, the settlement requires, “Changes of level of greater than ½ inch, whether caused by tree roots or any other deterioration or displacement of the surface of the Pedestrian Right of Way, will be remedied by providing a ramp with an appropriate slope or by creating a level path of travel.” Similar ADA lawsuits have since been filed against other cities, including Los Angeles.

How will these cities find all the money needed to repair their sidewalks when they already face fiscal hard times? Some cities have adopted a new strategy that doesn’t cost the city anything: require owners to repair broken sidewalks before they sell their property. ➢ A C C E S S 32
WHO SHOULD PAY TO REPAIR SIDEWALKS?
Requiring sidewalk repairs before sale will make the city more accessible, but critics may object that cities are simply shifting the responsibility for repairs onto property owners.

In California, however, property owners are already responsible for sidewalks. California’s Streets and Highways Code states, “The owners of lots or portions of lots fronting on any portion of a public street 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.” Property owners also pay for sidewalk repairs in many other states.

A survey of 82 cities in 45 states found that 40 percent of the cities require property owners to pay the full cost of repairing
sidewalks, 46 percent share the cost
with property owners, and only 13
percent pay the full cost of repairing
sidewalks.

Los Angeles followed the state
code until 1973, when federal funds
became available to repair sidewalks
at no cost to property owners.

Because of this federal funding, the
city assumed responsibility for most
sidewalk repairs. Three years later,
when the federal funds ran out, Los
Angeles was left with no sidewalk
repair program. Then, in 1978, California voters adopted Proposition 13, which limited property tax rates, and
public funds became even scarcer.

By 1980, when the city attempted to
reinstate the previous policy of citing property owners for damaged sidewalks and requiring them to pay for repairs, owners objected to the “new” mandate and the city halted citations.

Because the city was short of money, it began to make only temporary asphalt patches to cracked sidewalks or—more often—did nothing at all. The resulting sidewalk decay led to the current state of serious disrepair.

REQUIRING SIDEWALK REPAIRS AT THE POINT OF SALE
How does a point-of-sale strategy work? Before any sale, the city inspects the sidewalk fronting the property. If the inspector finds that damage or displacement of the sidewalk creates an unsafe condition, the owner must pay to fix it before completing the sale. Piedmont, California, for example, requires, “New sidewalks and/or driveways must be constructed if required by the superintendent of streets . . . in conjunction with the sale of real property.” Piedmont’s ordinance mandates repairs if the vertical displacement of a break is ¾ of an inch or less, and reconstruction if the vertical displacement exceeds ¾ of an inch.

Pasadena, California, has a similar at-sale sidewalk repair program. 33 A C C E S S
N U M B E R 3 6 , S P R I N G 2 0 1 0
Point-of-sale programs like those in Piedmont and Pasadena have several advantages beyond complying with the ADA. First, the city does not require owners to pay or do anything until they sell a property. The sale then provides the cash to pay for required repairs. Sellers fix only the sidewalk fronting their own property, so they can see exactly where their money is going.

Second, sidewalk repairs are gradual but
inevitable because about half of all properties are sold at least once every decade. The property turnover rate
is similar throughout most cities, so the sidewalks are repaired everywhere in a city at roughly the same rate.

Third, sidewalk repairs can increase a property’s
“curb appeal” and thus increase its market value. A
property’s value will increase not only because of its
own sidewalk repairs but also because of all other
nearby repairs. Everyone can benefit if property owners accept the obligation to repair their own sidewalks before selling their property.

Fourth, the city does not have to raise taxes to pay
for sidewalk repairs. The city even saves money
because of fewer trip-and-fall lawsuits. Among claims
against the city for trip-and-fall incidents on Los Angeles sidewalks between 2001 and 2007, 36 percent of the incidents occurred in front of properties that had been sold within the previous five years. Los Angeles paid $1.4 million to settle the claims for these incidents, which were preventable unless the sidewalks cracked in the five years between the last property sale and the trip-and-fall incident.

Finally, sellers include absentee owners and residents who are leaving the city. Their sidewalk repairs will leave the city in better shape for everyone who remains.

HOW DOES A POINT-OF-SALE PROGRAM WORK?
To manage a point-of-sale program, a city can require that the escrow documents at sale include a certificate of compliance with the sidewalk ordinance. The process starts when an owner requests the city to inspect a sidewalk. If the sidewalk is in good repair, the inspector issues a compliance certificate. If the sidewalk is damaged, however, the inspector estimates what the city would charge to repair it. The owner has several options at that point.

First, the owner can pay the city to repair the sidewalk. The inspector then issues a compliance certificate and the city makes the repairs. Second, the owner can accept a lien on the property for the estimated cost of the repairs. The inspector then issues a compliance certificate and the city makes the repairs; the city is repaid for the lien plus accrued interest at sale. Finally, the owner can choose to have a private contractor perform the work. In that case, the owner or contractor requests a permit and completes the work; the city inspects the work, and if it is satisfactory the inspector issues a compliance certificate. ➢
A C C E S S 34
If the next owner intends to redevelop the property, repairing the sidewalk at sale may be premature. In this case, the city can allow the seller to shift the responsibility for repairs to the buyer. The city can inspect the property at the end of a specific time period after the sale (such as one year), and cite the new owner if the required repairs have not been completed.

Piedmont charges $30 for issuing a certificate of compliance, which is the city’s estimated cost of making the inspection. The inspectors can enter the records into a geographic database that shows the condition of sidewalks throughout the city. The point-of-sale program can be part of the city’s plan to make its public sidewalks accessible, and the point-of-sale database will show the city’s progress toward meeting the plan’s goals.

Condominiums present a potential hitch in the process. Who would be liable for sidewalk repairs when a unit is sold—the unit’s owner or the condominium association? One solution is to exempt individual units but require condominium associations to repair their sidewalks within a specified time after the ordinance is adopted, with periodic inspections to ensure continued compliance. 35 A C C E S S
N U M B E R 3 6 , S P R I N G 2 0 1 0

MICRO-LOANS FOR PUBLIC INVESTMENTS
Sidewalk repairs in Los Angeles typically cost between $1,000 and $1,500. If owners pay the city before it makes the repairs, the city will have idle funds to invest between the payments and the repairs. A city can also go beyond the basic point-of-sale plan by offering to repair sidewalks before sale and receive payment at sale. The city will, in effect, lend owners the money to pay for sidewalk repairs for as long as they continue to own the property.

Owners can repay all or part of the debt before they sell the property, and any remaining debt is due at sale. If owners pay a market interest rate on the debt, the government loses nothing by accelerating the repairs.

Some cities already allow property owners to defer paying special assessments, with interest, until they sell their property. This option to pay at sale has several benefits. First, the program increases public investment without any public subsidy. The city runs little risk of borrowers’ defaulting on the debt for sidewalk repairs because cash is available from the sale of the property when the debt is due. A public lien is senior to any mortgage, so even if property values decline and the owner has no equity, the city will be repaid in full. Where land values are high, and sidewalk improvements increase them further, most owners will have more than sufficient equity to repay the cost of repairs, plus accrued interest, at sale.

Owners who wish to avoid the interest expense can always opt to repay the debt before sale.

Second, deferring payments until sale has a strong political advantage. Finding the cash to repair the sidewalk before sale could be difficult for many owners, but allowing owners to pay at sale will eliminate any cash-flow problem. Cash from the sale gives owners the ability to pay. Elected officials can thus vote for a point-of-sale requirement with a clear conscience.

Third, the deferment option will allow the city to cite property owners whose severely damaged sidewalks create an immediate danger to pedestrians. Requiring prompt repairs in these cases will increase public safety, remove barriers to persons with disabilities, and reduce claims from trip-and-fall lawsuits without creating a financial hardship for either property owners or the city.

Fourth, the requirement to repair at sale, combined with the ability to delay payment until sale, may spur some owners to make repairs as soon as a sidewalk breaks. They may repair early because (a) they want the safe sidewalk they will eventually have to provide anyway, (b) they expect repairs will be more expensive later, (c) they want to avoid trip-andfall injuries, and/or (d) they want to increase their property value.

THE SPEED OF REPAIRS
How fast will a point-of-sale program repair a city’s sidewalks? How long will it take, for example, before half the broken sidewalks have been repaired? We can answer this question by examining the history of property sales in a city. I used data from the Los Angeles County Assessor to find the last sale date for every property in the City of Los Angeles. Half of the 768,922 properties in the city changed ownership at least once between January 1, 1995 and December 31, 2006. If sidewalks fronting the sold properties are as likely to need repair as sidewalks fronting all properties, a point-of-sale program adopted at the beginning of 1995 would have repaired half the city’s broken sidewalks in 12 years, much faster than the current pace of repairs. ➢
Cash from the
sale gives
owners the
ability to pay.

A C C E S S 36

PUTTING CITIES BACK ON THEIR FEET
In 2002, the US Ninth Circuit Court ruled that the ADA applies to public sidewalks.

As a result, cities must develop transition plans to ensure that their sidewalks are accessible.

In this case, as in many others, what is good for people with disabilities—repairing broken sidewalks—is also good for everyone else. The ADA will force cities to do what they should be doing anyway: maintain their public infrastructure.

To ensure a steady flow of sidewalk improvements, cities can require property owners to fix their sidewalks when they sell their property. Before any real estate is sold, the city will inspect the sidewalk fronting the property. If the sidewalk is in good condition, the owner will not be required to do anything. If the sidewalk is broken, the city will require the owner to repairit before selling the property and the owner can put off paying forthe repairs until sale.

Deferring the obligation to fix sidewalks until sale will help gain voters’ approval, and enforcing the obligation at sale will help ensure owners’ compliance, both of which will contribute to a successful program. Only property owners with broken sidewalks will pay anything, they will pay only for the cost of repairing their own sidewalks, and they will not have to pay until they sell their property. Because about half the city’s broken sidewalks will be repaired each decade, all residents will be able to say, in the words of Danish urban designer Jan Gehl, “How nice it is to wake up every morning and know that your city is a little better than it was the day before.”
A better world often arrives in small steps, but we need reasons to take these steps. With a point-of-sale program, all property owners will have to do their part, sooner or later.

Walkable cities need good sidewalks, and requiring sidewalk repairs at sale will help put cities back on their feet. ◆
This article is abridged from a forthcoming publication in the Journal of Urban Planning and Development, with permission from the American Society of Civil Engineers.

F U R T H E R R E A D I N G
Class Action Settlement Agreement, Barden v. City of Sacramento. 2002. (www.dralegal.org/downloads/cases/barden/settlement.pdf).

Donald Shoup. 1994. “Is Underinvestment in Public Infrastructure an Anomaly?” in Gareth Jones and Peter Ward (eds.), Methodology for Land and Housing Market Analysis, London: UCL Press, pp. 236–250. (www.sppsr.ucla.edu//dup/people/faculty/shoup/IsUnder-investment.pdf).

Donald Shoup. 1996. “Regulating Land Use at Sale,” Journal of the American Planning Association, vol. 62, no. 3, Summer, pp. 354–372. (http://shoup.bol.ucla.edu/Regulation_at_Sale.pdf).

Donald Shoup. 2010. “Putting Cities Back on Their Feet,” Journal of Urban Planning and Development. vol. 136, no. 3, September.

INFORMATIONAL DISCUSSION
MUNICIPAL CODE REVISIONS:

SIDEWALK LIABILITY & POINT OF SALE ORDINANCES
PRESENTED BY LEILONI SHINE February 26, 2025 CONTRACT PLANNER

CITY OF WILLITS

COMMUNITY DEVELOPMENT DEPARTMENT

BACKGROUND
PRIMARY REASONS FOR CODE REVISIONS:
* Missing:
* Missing:
*W.M.C. Code
Updates
Needed*
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.

CODE REVISIONS:

LIABILITY & POINT OF SALE ORDERS
See “Attachment A”: Revise CHAP. 12.16/Add 12.17

12.17.010 Sidewalk inspection, replacement, and compliance certificates:

1. Responsibility. The property owner shall be responsible for inspecting sidewalks and curb ramps, obtaining all required permits, performing all necessary sidewalk and curb ramp repair or replacement, scheduling inspections, obtaining and filing with the City a compliance certificate for the entire sidewalk when one (1) or more of the following events occurs:

A. Title Transfer.

B. Construction or Remodeling: Where the cost of the work is estimated to exceed one hundred thousand dollars ($100,000.00).

C. Unsafe Condition Becomes Known. When the property owner becomes aware of an unsafe sidewalk condition, or when the property owner is notified by the City of an unsafe sidewalk condition.

12.16.100 Maintenance and Repair of Sidewalks (B.1.):

1. 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 Willits costs...

ATTACHMENT C:

FACT & FAQ SHEET: SIDEWALK REPAIRS

FUNDING FOR

SIDEWALK REPAIRS & CONSTRUCTION
SIDEWALK FUNDING RECEIVED:

CCLGP GRANT
See Attachment “B”: Plans Required for Grants
The City of Willits received
$31,500 to replace and
expand 1,050 square feet of
existing public sidewalk
area bordering Recreation
Grove Park and East
Commercial Street, as
described by the East
Commercial Street Corridor
Plan; staff plan to complete
construction by June, 2025.

SIDEWALK MANAGEMENT PROGRAM
CREATE PROGRAM: See Attachment “B”
Potential City Grant Funding
Prioritization for Sidewalk Construction
or Replacement:

PROGRAM FUNDING REPAIRS:

FEE WAIVER: 2 YEARS
ALL PROPERTY OWNERS:

Resolution To Authorize A Two-Year Period In Which
Sidewalk Repair Permit Fees Would be Waived To
Encourage Private Property Sidewalk Damage
Repairs.

NEXT STEPS
PROVIDE GUIDANCE TO CITY STAFF:
1) Liability & P.O.S. Ordinances - (Attach. A)
2) Fact and FAQ Sheets - (Attach. C)
3) City Funding for Sidewalks:
a) Fee Waiver - (Staff Report)
b) Grant Funding/Sidewalk Management Program (Attach. B) c) City Funding: Private Repairs - (Attach. B)
*Edits to proposed text will be prepared by staff for future review by City Council.*

Monthly Achievements & Activities
• Crewmember Thomas Gallups repaired the door on hangar unit #23. • The crew repaired a leaky roof and added a downspout to the Sierra Pacific Hangar. • The annual hangar inspections were completed over the course of a day and a half, revealing no significant issues. Staff would like to thank our tenants for their cooperation and flexibility during the inspection process.
• Held our quarterly tenants meeting on January 16th and discussed the following items: (1) Continuance of the FAA Part 16 Complaint filed by Paul Trexel; (2) FAA extended their response to February 10th; (3) Reinstatement of the volunteer program to help with maintenance; (4) Scheduling of routine maintenance; and (5) Upgrading the segmented circle. We also discussed the purchase of a Foreign Object Debris (FOD) Razor, a piece of equipment designed to sweep the runway and tarmac more effectively, removing debris more efficiently than the street sweeper. Tenants expressed their satisfaction upon hearing that we plan to make this purchase in February.

Project Updates
• The PAPI lights circuit board is still on back order from the manufacturer, with an estimated availability at the end of February. As a result, this project remains on hold.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Continuing our efforts to prioritize items identified by Caltrans in their inspection report that requires corrective action.
• Continue to wait for notification from County of Mendocino regarding the FEMA Building Resilient Infrastructure Communities Grant.

Airport January 2025 | Report
1 Monthly Achievements & Activities
• Issued sixteen Building Permits ......................................Fifteen in December. • Opened four Code Enforcement Case .........................Nine in December. • Closed twelve Code Enforcement Cases .....................Twelve in December. • Total of 49 active Code Enforcement Cases...............41 in December. • The Department took an average of nine calendar days to issue Building Permits in December. Over the counter Permits (reroofs/minor electrical) are typically issued on the day of submission and are not included in the average processing timeline. Timeline includes time for Fire District to complete required review.

Project Updates
• Trail Project:
o Construction bid opening occurred on January 14th.
o Award of the construction contract is tentatively scheduled for the February 12th Council meeting.
o Non-Infrastructure Work Plan to promote awareness and support high usership of the trail was approved by Caltrans.
o City request to allocate $189,000 in grant funds (non-infrastructure tasks) was approved at the California Transportation Committee (CTC) January 30th meeting agenda. • Land Use Element Update:
o Completed Draft Mixed Use Zoning District and Zoning Map consistent with the previously adopted General Plan Land Use Element.
• Clean California Grant:
o Authorization to release the bid package for the Main Street pedestrian lighting and banner project is on the February 12th agenda.
o Started planning for the 2nd annual Clean Canvas event to occur in Bud Snider Park on Saturday, April 19th.
o Purchased large playground equipment for Bud Snider Park. The equipment selection was based on feedback from a community survey and was paid for in full using the Playground grant and Clean California Grant. Installation date TBD. o Completed updated designs for Bud Snider Park including alternative pavilion location as directed by Council. Staff will present updated designs at the February 12th meeting. o Complete grant progress report.
• Willits Housing Rehabilitation Program:
o A total of five applications were approved to receive program funding to support home rehabilitation. Loan documents have been executed.
o Initial funds will be provided to awardees to support approved home improvements.

Community Development January 2025 | Report
2 o Staff anticipate opening a 2nd round of application requests in Spring 2025 after State releases additional PLHA grant funds.
• Mobile Vendor Ordinance:
o Facilitated stakeholder engagement meeting on the evening of January 28th with brick-andmortar businesses. o Provided overview of current City and State regulations as well as previous community and Council discussions on mobile vending regulations.
• Earthquake Brack and Bolt Program:
o Registration is open now through March 26th whereby eligible homeowners can apply for up to $3,000 in seismic retrofit grants at EarthquakeBraceBolt.com. Additionally, income-eligible homeowners may also qualify for up to $7,000 in supplemental grants. These supplemental grants are available for households with an annual income at or below $89,040, which may provide up to 100-percent of the funds needed to cover a seismic retrofit. o Opportunity has been posted on Department Facebook page.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Land Use Element:
o Finalize SOI Amendment Application to LAFCO.
o Finalize Development of Mixed-Use Zoning Districts.
• Trail Project:
o Review project bids and select contractor.
o Hold kick-off meeting to develop project team (mix of staff and consultants) and assign roles and responsibilities.
o Seek additional grant funding to support project construction costs. • Sidewalk Ordinance:
o Develop draft ordinance language.
o Tentatively scheduled for March 27th Council meeting. • Clean California Grant:
o Work with the Services and Facilities Department to put Main Street Improvement project out to bid including decorative pedestrian scale solar lighting downtown, a banner support system near between Oak and Main Streets and security lighting in Babcock Park. o Complete final designs and specifications for Bud Snider Park improvements based on Council direction at the February 12th Council meeting.
o Complete grant reimbursement request.
• Willits Housing Rehabilitation Program:
o Request release of PLHA funds from the State to support 2nd round of program funding. o Meet with property owner’s chosen contractors to communicate grant guidelines and reporting requirements.
3 • Affordable Housing and Sustainable Communities (AHSC) Grant:
o Continue to work closely with RCHDC to develop an AHSC grant application to support construction of 62 housing units and alternative transportation improvements including new sidewalks and a new bus stop as well as repair and upgrades of existing sidewalks and bus stops.
o Facilitate presentation of project scope at the next Transportation Committee meeting. • Mobile Vendor Ordinance:
o Develop materials for informational discussion at the March 12th meeting. • Business License Program:
o Transition City Business License Program from the Finance Department to the Community Development Department.
o Onboard new project tracking software to support more efficient processing and tracking of business license applications.

Monthly Achievements & Activities
• Received draft of audit for FY 2022-2023.
• Completed the Management Discussion & Analysis (MDA) Report for the audit. • Started FY 23-24 bank reconciliation.
• Completed Street Report for FY 2024.
• Completed and distributed Year 2024 W-2s and 1099s.
• Submitted draft Audit Report to Caltrans to support funding request (E. Valley Bridge replacement).

Project Updates
• Springbrook Implementation:
o Cash disbursements, payroll processing & journal entries are fully operational. o Integrated the scanning of processed invoices to confirm their system entries. o Schedule the Employee Self Service (ESS) Module training for February. o Schedule the HR Module training in April.
o Start the scoping process to implement the Project Management Module. o Staff expects to go live with utility billing in June.

Staffing Items
• Refining the proposed realignment of the Finance Department. • Assigned the task of bank reconciliation to S & L Controller Services.

Budget Status
• Reviewing the Capital Improvement Plan to rank active and proposed projects prior to preparation for FY 25-26 Budget.
• Staff expects to compose an annual Budget instead of a biennial version. • Prepare Department worksheets.

Focus for Next Month
• Auditors expect to have the FY 23-24 Audit by March 31st. • Prepare agenda items for the March 19th Finance Committee. • Migrate ending balances for FY 2022- 2023 from ACS to Springbrook as beginning balances for FY 23-24.

Finance January 2025 | Report
Monthly Achievements & Activities
January 2024 January 2025
• 911 Calls Received 51 45
• Calls for service (CFS) 534 561
• Cases 58 50
• Arrests 25 23
• Citations 33 36
• Traffic Stops 108 64
Project Updates
• As staffing permits, continue to focus on traffic safety education and enforcement, with an emphasis on school zones, pedestrian safety, speeding, and passing violations. • Continued deployment of the speed awareness radar trailer. • Two new patrol cars are in the process of being outfitted with emergency equipment with Precision Wireless scheduled to perform the service.
• Providing extra patrols in Parks as time allows.
• Altavista (consultant) completed a location visit and will be providing a Dispatch upgrade report. • Staff utilized the Countywide Abandoned Vehicle Abatement (AVA) program to remove an abandoned house trailer left on Railroad Ave. The trailer was towed and will be disposed of using AVA funds.

Staffing Items
• Police Recruit Donovan Shively and CSO Chris Dendy reported to the Santa Rosa Junior College Public Safety Center (Police Academy) on January 6th. Graduation is May 23rd. • Two additional Officer Recruits are completing the background checks and hiring process and may be hired this spring.

Budget Status
• No items to report.

Focus for Next Month
• Continue the Field Training program for Officer Recruit Garza.

Police Department January 2025 | Report
1 Monthly Achievements & Activities
• Staff responded to flooding calls throughout the month during the winter storms. Advisory signs were placed at key locations, and temporary road closures were set up when necessary.

The sandbag station was stocked and available to help protect structures and control erosion.

Storm drains were cleared daily to reduce flooding in vulnerable areas. A fallen tree from private property was also cleared from the roadway on Holley Street. • Post storm pothole patching was conducted weekly to address areas where the heavy rain impacted the roadways. Staff used approximately seven cubic yards of cold mix asphalt to fill holes as needed.
• Repainted the two STOP bars at the intersection of Central Avenue and South Street (opposite the entrance to Safeway Shopping Center).
• Replaced several “DEAD END” signs with “NO OUTLET” signs, in compliance with MUTCD standards. Also replaced several “STOP” signs, due to fading and graffiti. • Staff assisted with repairs to the Water and Wastewater systems. • Purchased two CONEX containers to provide additional secure storage; one for the Water Department located at the Corporate Yard, and one for City Hall. • Contracted tree removal at the Haehl Creek Trail. The subject oak was potentially hazardous and threatened the Adventist Health’s Garden.
• Replaced the City Hall “Handicap Parking Only” sign after sustaining damage from a vehicle.

Staff is considering installing a cement curb to protect the sign pole, as it has been hit multiple times over the years.
• Staff conducted annual hangar inspections throughout the month, completing most of them.

Scheduling accommodations were made for tenants, and all were found to be in compliance with local and federal requirements. Minor repairs were made to various hangars as needed based on the inspection results.
• The School District replaced the old overhead light fixtures at the Tennis Courts with energyefficient LED lights. The previous lights were costly to maintain and prone to issues. The upgrade has significantly reduced staff time and repair costs. The new lights are brighter, improving the facility's function and usability. The project was funded by a grant from PG&E. • Staff began locking and unlocking the restrooms daily to prevent vandalism after hours. Despite these efforts, several fixtures at Snider Park and Recreation Grove restrooms and outbuildings still needed repair or replacement. Graffiti and vandalism were addressed as reported. Staff encourages the public to report these issues promptly for quick resolution and to maintain community health and safety.
• Serviced equipment and vehicles as needed. All units operational at this time.

Services & Facilities January 2025 | Report
2 Project Updates
• Assembling and installing the furniture and waste receptacles purchased through the Clean California Grant. The new units allow for some of the existing tables, benches and receptacles to be relocated to underserved locations.
• Ordered and placed new woodchips approved for playground equipment fall protection. This is done annually as the older media deteriorates overtime. • The dog waste collection boxes at the Dog Parks were repaired, and new water buckets were provided for visiting pets. Holes caused by digging were filled, as they pose a hazard and collect excess water during rainstorms. This issue is regularly addressed. • Painting and floor treatments at the Sports Complex kitchen facility are in progress. • Trimmed and reshaped an Elm tree at the corner of School Street and W. Mendocino Avenue for line-of-sight clearance and to make room for the Wood Street Parking Lot Lighting Project.

Coastal Mountain Electric is installing solar lights. Sections of the parking lot have been closed as needed for materials and equipment.
• New decorative signs for the city parks have arrived and will be installed as the weather allows.

The signs were purchased to create a consistent look across the parks. Locations for each sign have been selected, and many will honor past contributors with memorial dedications. Staff plans to invite family members to a small dedication ceremony once the signs are in place. • Planning is underway to install Gateway and Directional Signs at the Highway 20 Park. These signs will welcome visitors and guide them to downtown Willits. The signs will include landscaping and require irrigation adjustments. Their design will match the theme of the signs purchased for other Parks.
• Security lights installed in the employee parking lot at City Hall to improve the safety of staff.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Continue monitoring and clearing of drainage ditches and the storm drain system. This along with pothole patching will be ongoing through the winter and is a typical duty. • Complete and close out of projects listed above.
• Install Parks signs as the weather permits.
• The remodeling of the Community Center includes fixture and hardware replacements, door staining, and other beautification projects. Work will be ongoing, scheduled to avoid conflicts with events and daily operations.
• Continue Spring project planning and capital improvements. • Assist the Water Department with the annual flushing of the distribution system. • Finish painting and floor treatments at the Sports Complex facilities. 3 • Trees will be removed from the Sports Complex parking lot to make way for the solar panel installation project. Four Red Oak trees in the center island are planned for removal. Staff plans to buy and replant trees in better locations this spring and is identifying sites for additional trees. • Complete annual reporting requirements to outside regulatory agencies. • Continue to assist the Community Development Department with planned improvements and grant funded project as needed.
• Work on goal setting with the newly elected Council and begin project priority mapping to better serve the needs of the community.
1 Monthly Achievements & Activities
• Replaced air release valve on effluent line to the clearwell at Surface Water Treatment Plant (SWTP).
• Replaced check valve on domestic water pump at SWTP.
• Rewired the Yagi antenna at 3MG tank for communications. • Worked with Cal-Trol to get actuator valve on filter #3 working again at SWTP. • Re-uploaded CERS information to the Mendocino County Health Department. • Operators received callouts for frozen pipes/no water during recent cold spell. • Organized supplies for the annual flushing program starting the week of February 24th. • Serviced the boat at SWTP in preparation for the springtime. • Operators assisted with meter reading, Hi/Low List and monthly shutoffs for nonpayment. • Worked with Sky Valley Engineering and JM Integration to get remote access to the SCADA working again at SWTP.
• Replaced pressure switch at Northbrook Pressure Station. • Dewatered and added air to Northbrook Pressure Tank.
• Replaced Ferric Chloride (main coagulant) pump head at SWTP. • Replaced sodium hypochlorite (disinfectant) pump tubing at SWTP. • Received and installed new motor for aeration blower #3 at the Wastewater Treatment Plant (WWTP).
• Operators worked with a field technician from Veolia on maintenance for the Ultraviolet (UV) disinfection system at WWTP.
• Industrial Electric Motors (IEM) picked up Influent Pump #3 for service and maintenance. • Repaired portable 4-inch trash pump at WWTP.
• Received a 40-foot Conex container for storage of the donated 20 UV back-up modules for the UV system from Petaluma.
• Started the manhole repairs throughout the sewer collection system. • Installed two float sump pumps in the Return Activated Sludge (RAS) pit for the removal of stormwater from the recent rains at WWTP.
• Cleaned out the old chlorine room and installed shelving for more storage space at the WWTP. • Installed new winch on the aeration basin pontoon boat for maintenance.

Utilities January 2025 | Report
2 • Assisted public works in the replacement of a sewer lateral (on the City side) on Magnolia Street to accommodate a home sale.
• Operators assisted public works in various water leaks throughout the water distribution system. • Cleaned out influent wet well at the headworks of the WWTP and filled one and a half two-yard dumpsters with grease and debris from the collection system including influent flow from Brooktrails.
• Repaired south Waste Activated Sludge actuator in the RAS pit. • Started the inspection of sewer lines and laterals on W. Mendocino in preparation for the PPP 2025, for repair or replacement.
• Completed and approved four sewer lateral inspections for home sales. • Continuation of inspections for the Fats, Oils and Grease (F.O.G) program.

Project Updates
• Reservoir Capacity: Morris 662-acre feet and Centennial 501-acre feet equates to 89-percent of full capacity (February 18th).
• Jan. 2025 Water Usage: SWTP: 11,150,221 MG. Jan. 2024: 15,943,321 MG.

GWTP: 1,200,000 MG. Jan. 2024: 0 MG.

Totals: 12,350,221 MG. Jan. 2024: 15,943,321 MG.
• Non-Potable Water Usage [Truck Fill Station]: 19,444 K/Gals. Jan. 2024: 2,086 K/Gals. • January 2025 Wastewater Treatment Plant Flows: 61,507,579 MG. • The Underground Utilities project is 95-percent complete with the last portion under the E.

Commercial Street Bridge projected to be finished in the late spring, early summer parts availability and creek flows.
• Expect to complete the configuration and switched over to a new server and software upgrade at WWTP with Apex and Primex (SCADA integrator).
• Received replacement blower motor for the aeration basin.

Staffing Items
• WWTP CPO Daniel Curtis is back on limited duty two days a week. Welcome back! Budget Status
• No items to report.

Focus for Next Month
• Schedule electrical equipment upgrade and permanent weather structure at Northbrook Pump Station with Fuller Electric (in progress).
• Upgrade sewer camera truck hardware and software equipment to the newest version with WECO Company.
3 • Schedule C.C. Overra Construction to do a reinforced permanent fix on the Upflow Solids Contact Clarifier at the SWTP. Tentatively scheduled for April. • Order new 2025 backhoe for the Services and Facilities department to replace the 2002 Caterpillar model and surplus it to SWTP for watershed and road maintenance (16-week lead time.)
• Receive quotes for the repair of the Langemann Gate at the irrigation station and outfall of the WWTP treated effluent discharge (on hold due to company separating). • Scheduled Westec to replace Filter #2’s aluminum screens with the purchased stainless-steel screens. This is the last filter of three that need to be replaced. • Receive quotes for filter media replacement at SWTP for Trident Filters from Westec. • Order new M6 Kubota tractor and mower for the replacement of Heston at the WWTP for use of mowing grounds at the facility and use for application of annual bio-solids into the 18-acre sludge field (10-12 week lead time.)
Mayor’s Appointments – 2025
City Committees, Boards & Agencies

STANDING COMMITTEES OF THE CITY COUNCIL
Finance Committee
3rd Wednesday 9:00 am
Tom Allman
Matthew Alaniz
Water & Wastewater Systems Committee
3rd Thursday 10:00 am
Gerry Gonzalez
Larry Stranske
Bi-Monthly Chamber of Commerce Meeting City Manager
Gerry Gonzalez

REGIONAL BOARDS
League of California Cities / Redwood Empire Division Gerry Gonzalez Alternate: ___________
Mendocino Council of Governments (MCOG)
1st Monday 1:30 pm
Tom Allman
Alternate: Larry Stranske
Economic Development & Financing Corporation (EDFC)
2nd Thursday 2-4 pm Larry Stranske
Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday 9:00 am
Larry Stranske
Alternate: Gerry Gonzalez
Mendocino Transit Authority (MTA)
Last Wednesday 1:30 pm
Matthew Alaniz

MENDOCINO COUNTY CITY SELECTION COMMITTEE NOMINATIONS
Local Agency Formation Commission (LAFCo)
1st Monday 9:00 am Gerry Gonzalez
Mendocino County Museum Advisory Board Tom Allman

AD HOC COMMITTEES
Willits Frontier Days Advisory Committee Gerry Gonzalez Larry Stranske
Measure K
Meets Quarterly
Tom Allman
Matthew Alaniz
Transportation
4th Thursday 9:00 am
Larry Stranske
_____________
Sonoma Clean Power
1st Thursday 9:00 am ______________

CITIZEN COMMITTEES
Art in Public Spaces
Meets as needed
Gary Martin
Margi Guhde
Dan Miller
Judy Fisch