Agenda, first session — Willits City Council, June 25, 2025

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

Page 1 of 2 ends

WILLITS CITY COUNCIL

AMENDED
AGENDA
JUNE 25, 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
a. Third District County Supervisor John Haschak Monthly Update.- Written report provided. b. Little Lake Fire District Monthly Update. – Written report provided.

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:

Willits City Council Agenda – June 25, 2025

Page 2 of 2 ends

a. City Council Minutes:
i. June 11, 2025
b. Adoption of a Resolution of the City Council of the City of Willits for a Professional Service Agreement for the Creation and Installation of two Murals, in the Amount not to Exceed $26,059 and Authorize the City Manager to Sign the Agreements.

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest.

None presented.

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

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Verbal Reports – No Action.
i.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Adopt a Resolution Authorizing Continuation of Municipal Operations Based Upon the Fiscal Year 2024-2025 Budget.
b. Discussion and Possible Action Adopting a Resolution Directing Staff to Proceed with Adjustments to the Water and Wastewater Service Charges Pursuant to Proposition 218. c. Adopt a Resolution Authorizing the Finance Director to Increase the Appropriations of the Measure K Funds to Transfer Funding to the General Fund Covering Costs for Overtime Services in the Police Department.

10. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

11. GOOD & WELFARE

12. CLOSED SESSION NOTICE
a. None.

13. 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 20th day of June, 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.

Mendocino County's 3rd District Supervisor John Haschak's report to the Willits City Council
• Willits Library Roof: Facilities has received the final draft of the roof bid drawings and will be prioritizing getting them out to bid. The goal is to have the bid award item on the board calendar on July 29th.
• The Master Tax Sharing Agreement will be on the June 24 Board agenda. With Ukiah's massive annexation plan, there are many concerns by the people and Board. I was the dissenting vote last June. Now with a new Board, there is a different opinion which aligns with my original vote about the agreement. • The Board unanimously approved a balanced budget.

The cuts haven't been easy and department heads and elected officials will be making their cases about what they can and can't do without. We will not be using one time only money for ongoing expenses.
• The Inland Water & Power Commission (IWPC) had an all boards meeting on May 29.

Since the IWPC is composed of different boards, this was an opportunity for all the boards to hear the same update.
• My takeaways are PG&E is going to take down the dams. A coalition has formed to build a New Eel Russian Facility (NERF) that will divert water during high water times from the Eel River to the Russian River. The current projection is that the NERF will cost $40 million to build and $10 million annually to operate. The process will take years and people/groups in both basins have agreed to this plan. Storage of water on the Russian River side is critical to making it all work and a feasibility study by United States Army Corps of Engineers (USACE) is beginning to study the raising of Coyote Dam and that will be a very expensive and long process. There has been a lot of work done by very dedicated people, coalitions have been formed from entities from both basins, and continuing to work through the issues is the only realistic path forward to keep water flowing in both directions.

LittLe Lake
Fire PrOteCtiON DistriCt
74 E. Commercial St. Willits, California 95490
(707)459-6271
City Council Meeting Update June 2025
Fire Department Update
Around the Firehouse
We are still in the process of our state mandated inspections, all we have left is apartment complexes. Tablet command emergency response tool has been installed in all of our Engines and command vehicles. We have been working with the City building department, Davey and Code enforcement Phil regarding new business licenses and vacant building inspections. I want to thank Davey, Phil, and the City Of Willits maintenance crew and all others involved to help secure the vacant buildings in our area. These can pose a great fire risk to our community when vacant building are left unsecured and unexpected fuel loads are added.

Training
For the month of June training consisted of a wildland refresher trainings, engine orientation, water operations and the out of county class. We currently finished working with WHS “SCRUBS” class with lessons in fire extinguishers, fire classifications and EMS skills such as basic first aid and patient packaging. EMT refresher training consisted of patient examination-medical (obtaining vitals BP, PT HX, Heart rate, O2 levels, O2 admin etc...) As of the current date we have responded to 313 calls for service.

Informational
With fire season upon us I would like to reiterate the importance of visible addresses. Please reference Mendocino fire safe council’s website. They have a ton of information on home hardening procedures. Home hardening is taking measures to protect your home against wildfires such as; cleaning gutters and roofs to protect against embers, clearing vegetation around windows, decks and siting. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

Page 1 of 7 ends

WILLITS CITY COUNCIL

MINUTES
WEDNESDAY JUNE 11, 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, Larry Stranske, Bruce Burton, and Mayor Tom Allman were present.

Also present were staff members: Rodney Wilburn, Interim City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Walter Kolon, Services and Facilities Director; Manuel Orozco, Finance Director; Brian Fay, Police Chief; Connor Stack, City Planner, and Delores Pedersen, City Clerk.  Delores Pedersen, City Clerk announced that Closed Session Item 13a - Conference with Legal Counsel - existing litigation (CA Govt. Code §54956.9 (d)(1)); in the matter of Craig Anthony Gelber vs City of Willits, et al, Case No. 3-23-cv-00681-JSC, United States District Court for the Northern California District, would be postponed until the June 25, 2025 meeting. The Attorneys for the matter were not available to provide the update.

2. Public Communications
 Melinda Clark expressed concern over how Willits will be affected by the cuts of the Federal Government. Ms. Clarke requested that the City Council help spread the information to the community.

Ms. Clarke announced that there would be a peaceful protest parade from Babcock Park to Bud Snider Park on Saturday.
 Marie Blancas announced the “Once in a Blues Moon” event to raise funds and promote the Mendocino County Museum on August 16th. Tommy Castro is the artist that is headlining the event. This event it to promote the museum.  Craig Gelber express that his attorney feels are $600,000.00, this does not include his Paralegal fees. Mr. Gelber is ready for his case to go to a Jury Trail and the Appellate Court. Mr. Gelber plans on doing a protest at Babcock Park.  Christina McCluskey, Paralegal, expressed her support of adverse possession as a way for citizens to achieve their dream of acquiring a home. She feels that it would be appropriate for there to be Adverse Possession Guidelines from City Council.

Ms. McCluskey presented a document she created with tentative thoughts to Council.

Willits City Council Minutes of June 11, 2025 Page 2 of 7  Lisa Arkelian, 2025 Willits Frontier Days Sweetheart Contestant, invited the Council and Willits Community to the Rodeo. Anyone needing tickets to the Rodeo or Willits Frontier Days events may contact Ms. Arkelian at 707-354-3114.  Mayor Allman introduced and welcomed the new Willits Police Chief, Brian Fay.

3. Public Matters
a. Presentation of a Proclamation to Willits Frontier Days – Designating Western Wear Days June 27th to July 4th, 2025.

Jeff Cooke spoke on the safety features of Western Wear. Mr. Cooke then sang a song on how Willits Frontier Days came to be.

Mayor Allman read and presented the Proclamation Designating Western Wear Days to Jeff Cooke of the Frontier Days Board.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
i. May 14, 2025
b Adoption of Resolution Authorizing Willits Frontier Days Parade Route for July 4, 2025.
c Approve Contract with Clifford Cochran for Janitorial Services at City Hall and Services and Facilities, in an Annual Amount not to Exceed $30,822 Per Year, for Fiscal Years 2025/26 and 2026/27.
d Approve an amendment to the Joint Powers Agreement (JPA) of the Mendocino Council of Governments to add Energy & Climate Related Programs as Specific Powers.
e. Approve a First Amendment to the Service Agreement with Apex Technology Management, LLC to Provide Information Technology Managed Services for One Additional Year Commencing on June 1, 2025 – May 31, 2026. f. Adoption of Resolution Authorizing Willits Hometown Celebration Detour Route for June 20, 2025.

Councilmember Burton asked that items 5c, 5d, and 5e be pulled for further discussion.

Public Comment: None presented.

Moved by Burton/Seconded by Gonzalez and carried unanimously to approve Consent Calendar item(s) (a, b & f).
5c – Councilmember Burton expressed concern over the requested 10% increase for Janitorial services. He commented that due to the status of the city finances he is not willing to approve the 10% increase when he doesn’t know if we can afford what we are paying currently for the service.

Willits City Council Minutes of June 11, 2025 Page 3 of 7 Moved by Burton/Second by Gonzalez and carried 3/1 with Stranske dissenting to approve the Contract with Clifford Cochran for Janitorial Services at City Hall and Services and Facilities, without the requested 10% price increase. 5d. – Councilmember Burton feels that MCOG adding Energy & Climate Related Programs as Specific Powers of the JPA is an expansion of powers to rationalize staying in business and is a solution that does not have a problem. Mayor Allman explained that adding this to the JPA would allow MCOG to apply for Grant Money that would come to the Cities. This would make MCOG the point of contact for the Energy and Climate related programs.

Public comment:
 Robin Leler spoke in support of the change to the JPA.  Orian Walker of MCOG explained different programs that MCOG has available for Mendocino County Residents that are related to the Energy and Climate related programs.

Moved by Gonzalez/Second by Stranske and carried 3/1 with Burton dissenting adopting Resolution No. 2025-25 Approving an Amendment to the Joint Powers Agreement of the Mendocino Council of Governments to Add Energy & Climate Related Programs as Specific Powers.
5e – Councilmember Burton asked if Apex has added firewalls to protect the City in a cyber security situation. Apex has identified 63 internet connections and 6 servers.

Mr. Burton questioned if all 63 connections are crucial to the operations of the city.

Walter Kolon, Services and Facilities Director, responded that Apex provides service and security for all city computers and that all the computers listed are necessary for City Operations.

Moved by Burton/Second by Gonzalez and carried unanimously to adopt Resolution No. 2025-26 of the City Council of the City of Willits Approving a First Amendment to the Service Agreement with Apex Technology Management, LLC to Provide Information Technology Managed Services for One Additional Year Commencing on June 1st.

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest.

None presented.
a. Accounts Payable Activity Report: May 2025.
 Councilmember Burton asked to have funds showing on the Accounts Payable Activity Report from now on. Manuel Orozco responded that he will identify the correct report and have it produced from now on. Mr. Burton asked for more information of some checks that were cut in the Month of April. One being for equipment that was bought and a reimbursement request to Caltrans Clean California Grant. Dusty Duley, Community Development Director, responded that the reimbursement request will be mailed out on June 16th.
b. Building Permit Activity Report: May 2025.
c. Business License Activity Report: May 2025.

Willits City Council Minutes of June 11, 2025 Page 4 of 7

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Rod Wilburn, Interim City Manager
 Security cameras have been installed at the Rec Grove and Bud Snider Park to help combat vandalism.
 Wastewater Treatment Facility, IVF upgrades, were completed several weeks ago.
 Four Flock Safety Cameras have been installed and are operational. Two Flock Cameras for Blosser Lane and Hwy 20 installation has been delayed.

Public Comment: None presented.

9. Department Recommendations (Action Items)
a. Presenting to the City Council the Two Murals Voted by the Public to be Placed in Recreation Grove Park.
 Connor Stack, City Planner, presented a PowerPoint presentation of the two Murals that will be painted on the Stage at the Rec Grove. b. Presentation of Cash Balances for all City Funds.
 Manuel Orozco, Finance Director, presented a PowerPoint presentation of an Economic Report for the City of Willits. (attached).
 Mayor Allman explained that the City of Willits had an Audit for FY 18/19, the next Audit for 19/20 was not completed until August 15, 2022, the City has been catching up since then, the FY 23/24 audit is soon to be complete.  Mr. Allman stated that the City was spending more money than what the council was aware of. Mr. Allman assured the City Employees that they are going to continue to receive paychecks, the City is going to be kept running.  The next couple fiscal years are going to be lean, as in no big projects, just essential services being provided.
 The goal that the current City Council has is to produce a budget that is easy for the public to understand, and easy for the employees to track where the City is financially. As well as not having audits 2-3 years in arrears.  Mr. Allman stated that at every City Council meeting, Manuel Orozco, Finance Director, will report where the City stands financially.  Councilmember Burton stated that he is concerned that the City implemented a rate study that was not based on facts because of the status of the financial records. Mr. Orozco responded that it took time to pull the information together to come up with an approximation, but the City did not know for certain exactly where the financials were at.

Public Comment:
 Helen Simms stated that the shortfall is just under five million dollars. If it is not an accounting error but misappropriated funds, what can be done about it, can it be fixed. How can this be addressed and fixed.  Mayor Allman stated that there is no indication that the funds were misappropriated. The money was spent on City Projects and staffing.

Willits City Council Minutes of June 11, 2025 Page 5 of 7  Raghda Zacharia expressed her gratitude that the council recognized that the number of consultants the city had contracted with was a problem. Current projects should not be looked at as the City being able to do everything. Some projects need to be put on hold.
 Joe Rigo, community Business Owner, expressed concern over the line items in the reports that were listed as miscellaneous expenses. Mr. Rigo also inquired if the business owners in Willits would be looking at a tax increase.  Councilmember Burton asked Mr. Rigo to stay at the council meeting for about another 15 minutes.
 Manuel Orozco requested to utilize $712,067 of Measure K funds to cover the cost of Police Overtime. The existing Measure K balance is $4,900,000.  City Attorney Lance stated that the use of Measure K funds for Police Overtime is within the boundaries of what the tax was intended.

Moved by Gonzalez/Second by Burton and carried unanimously to transfer $712,067 of Measure K funds into the General Fund to cover the cost of Police Overtime. c. Discussion and Possible Action Adopting a Resolution Directing Staff to Proceed with Adjustments to the Water and Wastewater Service Charges Pursuant to Proposition 218.

Public Comment:
 Raghda Zacaria expressed concern over the city sewer rate being on the property taxes and not as a line time on the water bill.  Dan Lowden states he likes the City water and does not want to jeopardize the quality of it.

The motion was delayed to present the item at the next City Council meeting when the full City Council is available to vote.

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month)
a. Airport.
 Councilmember Gonzalez inquired about the recent email received from Mr.

Paul Trexel regarding the airport having a rate study. Ms. Moorhead responded that there was a response sent to the FFA, and we are currently waiting for their response.
b. Community Dev.
 Dusty Duley, Community Development Director, reported that he and Connor Stack, City Planner had a booth at the Willits Chamber of Commerce Car Show, about 150 people came buy the booth, information was given on the Housing Rehabilitation Programs, there was also sign ups for the Creek Clean Up Day in September, and there was information given out about the Free Dump Days that is coming up. Monday June 16th is the day that vouchers will be given out at City Hall.

Willits City Council Minutes of June 11, 2025 Page 6 of 7 c. Finance.
 Mr. Orozco expressed his gratitude to Jose and Michelle in the Finance Department for the overtime they put over the last 3 weeks working on getting the revenues transferred over into the new Springbrook system. d. Police Dept.
 Chief Fay stated he is grateful for the opportunity to serve the City of Willits as the New Police Chief.
e. Services & Facilities. – Expressed his gratitude to the Services and Facilities crew and all the work they have done over the past month. All the City Workers are looking out for the best interest of the City and are looking for ways to save money.
f. Utilities. – Nothing more to add.

11. City Council Announcements, Communications and Reports Mayor Allman
 Explained how successful the Car Show was with 185 Cars.

Public Comment: None presented.

No action taken.

12. Good & Welfare
None Presented.

Public Comment: None presented.

City Council Adjourned to Closed Session at 9:04 pm.

13. Closed Session Notice
a. Conference with Legal Counsel - existing litigation (CA Govt. Code §54956.9 (d)(1)); in the matter of Craig Anthony Gelber vs City of Willits, et al, Case No. 3- 23-cv-00681-JSC, United States District Court for the Northern California District. b. Conference with Labor Negotiator Pursuant to Government Code §54957.6 – Agency Negotiator Patrick Clark, Patrick Clark Consulting and Interim City Manager Wilburn. Employee Organization(s): International Brotherhood of Electrical Worker (IBEW).

The City Council reconvened to open session at 10:30 pm, reporting no action was taken.

14. Adjournment
Mayor Allman declared the meeting adjourned at 10:30 p.m.

For more information on the June 11, 2025 Willits City Council Meeting please view the recording on YouTube.

Willits City Council Minutes of June 11, 2025 Page 7 of 7 _____________________________
TOM ALLLMAN, Mayor
City Council for the City of Willits
ATTEST:

I, Delores Pedersen, City Clerk of the City of Willits, do hereby certify that the foregoing Minutes were duly and regularly approved by the City Council of the City of Willits, California, at its regular meeting held on the 25th day of June 2025.
__________________________

DELORES PEDERSEN
City Clerk
Item No. 5b
Meeting Date: June 25, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Connor Stack, City Planner
Agenda Title: ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS FOR A

PROFESSIONAL SERVICE AGREEMENT FOR THE CREATION AND INSTALLATION OF TWO MURALS, IN THE TOTAL AMOUNT OF $26,059 AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENTS.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Summary of Item: Staff is presenting two mural proposals by local artists, and selected by the community, to be installed at Recreation Grove Park.

As part of the Caltrans Clean California Grant, the City of Willits collaborated with the Willits Center for the Arts on a call to artists for two murals to be placed on the side and back side of the stage at Recreation Grove Park.

The mural designs submitted were featured in an art show at the Willits Center for the Arts, where they were on display for two weeks. During this time, the public had the opportunity to vote on their favorite designs. The two designs attached are the top choices, as voted by the public. The City of Willits is currently working with the selected artists to establish 10- year maintenance agreements that align with Caltrans’ standards.

Staff is seeking Council Resolution for two professional service agreements for the creation and installation of two murals in the total amount of $26,059 and authorize the city manager to sign the agreements.

Attachment A: Anna Judd Mural Design
Attachment B: Jen Procacci Mural Design
Attachment C: Jenn Procacci Professional Service Agreement Attachment D: Anna Judd Professional Service Agreement
Alternative(s): None recommended.

Fiscal Impact: Funds already allotted from Clean California Personnel Impact: N/A
Identified City Council Conflict of Interest: None
2021 Adopted Goals: None
California Environmental Quality Act: N/A
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: Interim City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2025-__ Page 1 of 1 June 25,2025
RESOLUTION NO. 2025- __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS FOR A PROFESSIONAL

SERVICE AGREEMENT FOR THE CREATION AND INSTALLATION OF TWO MURALS, IN THE TOTAL AMOUNT OF $26,059 AND AUTHORIZE THE CITY MANAGER TO SIGN THE

AGREEMENTS
WHEREAS, on September, 2024, a Call to Artists was put out via social media and city events, calling for qualified artists for the creation and installation of a mural; and WHEREAS, the Call to Artists was advertised on the City website and sent to various artists and community members with a deadline of February 28, 2025; and WHEREAS, only 4 Mural proposals were received, opened, and voted upon during a twoweek art show in the Willits center for the arts, from the following artists were the top voted.

1. Jenn Procacci

2. Ana Judd
NOW, THEREFORE, BE IT RESOLVED, that the Willits City Council does hereby resolve as follows:

1. The above recitals are true and correct and are incorporated herein.

2. An internal review committee determined that the submitted murals demonstrated the necessary and desired qualifications to serve the City’s needs.

3. The City Manager or designee is hereby directed to execute the two Professional Services Agreement attached as Exhibit ‘A’ and ‘B’ for the creation and installation of mural.

PASS, APPROVED AND ADOPTED, this 25th day of June 2025.

THE CITY OF WILLITS
_________________________
Tom Allman, Mayor
ATTEST:

I, Delores Pedersen, City Clerk of the City of Willits, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Willits, California, at its regular meeting held on the 25th day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:
_________________________
Delores Pedersen, City Clerk

Exhibit ‘A’

PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A

MURAL BETWEEN THE CITY OF WILLITS AND JENN PROCACCI
This PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A MURAL AGREEMENT (hereinafter referred to as “AGREEMENT”) is made and entered into effect on June 25, 2025, by and between the City of Willits, a California municipal corporation, (hereinafter referred to as a “the CITY”) and Jenn Procacci (hereinafter referred to as “the ARTIST”).

RECITALS
WHEREAS, CITY issued a Call to Artists seeking artists to design and paint two murals on the backside of the stage in Recreation Grove Park, an area identified through the Clean California Grant.

WHEREAS, ARTIST submitted an application (“APPLICATION”) to the CITY in accordance with the provisions in the Call for Artists. The APPLICATION was reviewed and accepted by the CITY.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals which are part of this AGREEMENT, and the terms and conditions hereinafter contained, the CITY and ARTIST mutually agree as follows.

1. SCOPE OF SERVICES.

A. ARTIST will paint a mural on private property identified by Call to Artists. If there is any conflict between the provisions of this AGREEMENT, the Call to Artists or the APPLICATION, the provisions of this AGREEMENT shall control. Artist agrees to produce “Bird Song” with high quality, UV resistant paint specifically designed for mural making and longevity (Golden or Nova Color brands) on poly tab mural substrate adhered to two aluminum panels. “Bird Song” is defined as a 6-foot wide and 12-foot-tall mural to be located on the bandshell in Recreation Grove park on S. Lenore Avenue Willits, California (hereby referred to as “site”). The substrate will be adhered with archival Nova gel and sealed with a minimum of two coats of UV protectant clear coat and finished with graffiti resistant sealer. The wood panels or similar material used by ARTIST shall require approval by CITY.”
B. ARTIST shall complete and transport the MURAL at its designated location on or before Feb 28, 2026.

C. ARTIST agrees the MURAL will be a specific representation of the submitted and approved mural design.

D. ARTIST acknowledges that the CITY will be the owner of the MURAL. 2 2. COMPENSATION AND COSTS
CITY agrees to compensate ARTIST the sum of $12,000 (“MURAL FEE”) in consideration of ARTIST’s completion of the MURAL in accordance with the provisions of this AGREEMENT. Fifty percent (50%) of the fee will be paid to ARTIST on the Effective Date and the remaining portion of the MURAL FEE will be paid to ARTIST upon the CITY accepting and issuing a Notice of Completion for the MURAL.

3. DEFAULT OF ARTIST
A. The ARTIST's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that ARTIST is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating ARTIST for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the ARTIST. If such failure by the ARTIST to make progress in the performance of work hereunder arises out of causes beyond the ARTIST's control, and without fault or negligence of the ARTIST, it shall not be considered a default.

B. If the CITY determines that the ARTIST is in default in the performance of any of the terms or conditions of this AGREEMENT, the City Manager shall cause to be served upon the ARTIST a written notice of the default. The ARTIST shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the ARTIST fails to cure its default within such period of time or fails to present the CITY with a written plan for the cure of the default, the CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

C. In the event that it’s determined that the ARTIST has defaulted, the ARTIST shall be responsible for reimbursing the City for any payments made by the CITY to the ARTIST.

4. INDEPENDENT CONTRACTOR
It is expressly understood and agreed ARTIST is an independent contractor and is not an employee of CITY. Neither CITY nor its officers, employees, or agents have control over the conduct of ARTIST or any of ARTIST’S officers, employees, or agents except as set forth in this AGREEMENT. No employee benefits shall be available to ARTIST in connection with the performance of this AGREEMENT. Except for the fees paid to ARTIST under Section 2, CITY shall not pay salaries, wages, or other compensation.

ARTIST shall be solely liable and responsible to pay all required taxes and other obligations, including but not limited to, withholding and Social Security. It is also expressly understood and agreed that, as an independent contractor, ARTIST shall be solely responsible for City permits, business license, workers' compensation, general liability insurance, and accepts all risks and hazards associated with the painting of the MURAL.
3 5. MATERIALS AND EQUIPMENT
ARTIST will supply all materials and equipment needed to paint the MURAL in accordance with the provisions of this AGREEMENT.

6. EQUAL OPPORTUNITY
ARTIST represents it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. ARTIST shall also comply with all relevant provisions of City's programs or guidelines currently in effect or hereinafter enacted regarding equal opportunity employment

7. TERM
The term of this AGREEMENT shall commence on the Effective Date and shall terminate on February 28th, 2026, subject to any earlier termination in accordance with this AGREEMENT.

8. TERMINATION
A. This AGREEMENT and all obligations hereunder may be terminated at any time, with or without cause, by the CITY upon written notice to the ARTIST upon ten (10) day’s written notice. ARTIST may terminate this AGREEMENT upon fifteen (15) days’ written notice.

B. If ARTIST fails to perform any of its material obligations under this AGREEMENT, in addition to all other remedies provided by law, City may terminate this AGREEMENT immediately upon written notice.

C. Upon termination with or without cause, all finished and unfinished documents, project data and reports shall, at the option of the City, become its sole property and shall, at ARTIST’s expense, be delivered to the City or to any party it may so designate.

D. In the event termination is without cause, ARTIST shall be entitled to any compensation owing it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that ARTIST shall be entitled to compensation for work in progress in full for work completed at the time of termination.

9. INTELLECTUAL PROPERTY
A. CITY’s Sole and Exclusive Ownership Rights. Subject to Section 8(D) of this AGREEMENT, ARTIST shall not retain ownership of or any right, title or interest in any of the MURAL, including but not limited to any of the designs, drawings, paintings, sketches, models, fabrications, audiovisual materials, computer graphics, renderings, writings, or any other media prepared or provided by ARTIST in the performance of this AGREEMENT. The Parties agree that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT and all such rights, title and interest in or to the MURAL belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY, and its successors and assigns, does and shall at all times own, solely and exclusively, complete and unencumbered, all rights, title and interest in 4 and to all of the MURAL worldwide, any modifications thereto and any derivative works based thereon. Nothing contained herein shall be deemed to constitute a mere license or franchise in the CITY and its successors and assigns. The Parties further agree that CITY, and its successors and assigns, will be free to use, modify, distribute, sell, license or otherwise exploit all such MURAL and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to ARTIST.

The CITY hereby authorizes ARTIST to make, and to authorize the making of, limited photograph and video reproductions of the MURAL for educational and self- promotional purposes. For purposes of this AGREEMENT, the following are deemed to be photograph and video reproductions for educational and self-promotional purposes:
slides, film strips, and video episodes not intended for a mass audience and used solely for educational programs that are hosted by ARTIST in print media, on ARTIST’s website and social media sites, and on ARTIST’s computers and on any other electronic media, as long as such reproduction is provided to others at no cost. On any and all such reproductions, ARTIST shall place a copyright notice in the form and manner provided by CITY to protect the copyrights in the MURAL under the United States copyright law.

B. Transfer of Rights of Reproduction. ARTIST hereby transfers to CITY, and its successors and assigns, all rights of reproduction, as that term is defined in California Civil Code Section 982, in the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, including, but not limited to, the right to reproduce the MURAL in any manner whatsoever for commercial and non-commercial purposes. Hereinafter, ARTIST shall not acquire or claim any rights in or to the MURAL, any uses, reproductions or derivatives thereof or any proceeds therefrom.

C. Waiver of Moral Rights. ARTIST hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A, California Civil Code § 987 et seq., or any other type of moral right protecting the integrity of works of art. ARTIST acknowledges and agrees that CITY and its successors and assigns, in their sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the MURAL. CITY agrees that prior to any proposed destruction of the MURAL, ARTIST shall be provided with a reasonable opportunity to reclaim possession of the MURAL, at no cost to the CITY and its successors and assigns; ARTIST shall be responsible for all costs associated with removal of the MURAL.

D. Copyrights. ARTIST shall retain the copyright and all other rights in and to the MURAL under the Copyright Act of 1976, 17 U.S.C.§ 101 et seq., and all other rights in and to 5 the MURAL except ownership and possession. Artist hereby grants to the CITY an irrevocable license to reproduce the MURAL in any non-commercial manner whatsoever.

Use will be governed by generally accepted fair-use doctrine in relation to copyrighted works of art: criticism, comment, news reporting, teaching, scholarship or research. The graphic depiction of the work in materials designed for promotional purposes by CITY and its successors and assigns shall be deemed to be a non- commercial use. Upon final acceptance of the MURAL by CITY all original studies, drawings and designs shall become property of CITY. ARTIST shall deliver to CITY a copy of the registered copyright.

E. Originality of Works. ARTIST represents and warrants that (i) the Works prepared or provided by ARTIST in the performance of this AGREEMENT are and will be original; (ii) at the time of transfer hereunder, ARTIST is the sole owner of the MURAL and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) ARTIST is and will be the sole creator of the MURAL; (iv) ARTIST has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (v) ARTIST is not under any obligation to transfer or sell any of the MURAL to any third party; (vi) all MURAL has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the MURAL does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against ARTIST (or, insofar as ARTIST is aware, against any entity from which ARTIST has obtained any rights).

F. Patent, Copyright and Trademark Infringement. ARTIST shall defend any action or proceeding brought against CITY or its successors and assigns based on any claim that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, or any portion thereof, or the use of the MURAL, or any part thereof, constitutes infringement on any United States patent, copyright or trademark, now or hereafter issued. CITY or its successors and assigns shall give prompt written notice to ARTIST of any such claim or proceeding and will reasonably provide authority, information and assistance in the defense of the same. ARTIST shall indemnify and hold harmless CITY and its successors and assigns from and against all liabilities in any such action or proceeding. ARTIST shall keep CITY and its successors and assigns informed of all new developments in the defense of such actions or proceedings.

10. ASSIGNMENT
ARTIST shall not assign this AGREEMENT or its rights or obligations hereunder to any other person or entity without the prior written consent of the CITY, which consent may be withheld in the sole discretion of the CITY.

11. MURAL WARRANTY AND MAINTENANCE
A. Warranty. The ARTIST shall guarantee the MURAL to be free from faults of material and workmanship for a period of one (1) year after installation and final acceptance by the CITY. The ARTIST shall deliver the MURAL to the CITY free and clear of any liens from any source whatever. These guarantees shall apply only to those aspects of the MURAL which is entirely that of the ARTIST or persons responsible to the ARTIST, as installed, and shall not apply to materials or workmanship of projects in which the ARTIST’s work is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the ARTIST.
6 The ARTIST shall faithfully perform the services required under this AGREEMENT in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature to the MURAL described in this AGREEMENT.

B. Maintenance. ARTIST will be granted a first right to perform maintenance of MURAL for a period of five (5) years. Whether maintenance is needed and when maintenance is needed will be determined by the CITY. Maintenance fees, if maintenance is required, will be determined by the CITY with input by the ARTIST.

12. INDEMNIFICATION
ARTIST agrees to indemnify, defend and hold harmless the CITY and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorney’s fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or anyway related to ARTIST’s or its employees, agents and subcontractor's creation and painting of the Mural and ARTIST's responsibilities and obligations to be performed under this AGREEMENT or its failure to perform or comply with any of its obligations or responsibilities contained in this AGREEMENT. This indemnification shall survive the termination of this AGREEMENT. ARTIST agrees that concurrently with the execution of this AGREEMENT, ARTIST will execute the ARTIST Waiver Form attached hereto as Exhibit “A-5” and made a part hereof.

13. COMPLIANCE WITH LAWS
ARTIST shall use the proper standard of care professional expertise in painting the MURAL and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14. INSURANCE
A. Throughout the life of this AGREEMENT, ARTIST shall pay for and maintain in full force and effect all insurance as required in Exhibit “A-6” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or his or her designee at any time and in her sole discretion.

B. If at any time during the life of the AGREEMENT or any extension, ARTIST or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to ARTIST shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve ARTIST of its responsibilities under this AGREEMENT. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

15. SOLE AND ONLY AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all 7 of the covenants and agreements between the parties regarding said matters.

16. SUCCESSORS AND ASSIGNS
Except as otherwise set forth in Section 8 of this AGREEMENT, this AGREEMENT and the provisions of this AGREEMENT shall be binding on the successors and assigns of the parties.

17. INVALIDITY
If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

18. NOTICE
Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY: City of Willits 111
East Commercial
Street, Willits, Ca
95490
ARTIST: Jenn Procacci
E-mail: [email protected]
35710 Mendocino Pass Road
Covelo 95428
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.

19. ATTORNEY FEES
If an action at law or in equity is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this AGREEMENT, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Mendocino, State of California for any proceeding arising hereunder.

20. COUNTERPARTS
This AGREEMENT may be executed in multiple counterparts, (including copies sent to a party by facsimile transmission or email transmission in PDF form), each of which shall be deemed an original, but all of which together, shall constitute one and the same instrument.
8 21. AMENDMENTS
No change, amendment or modification of this AGREEMENT shall be valid unless the same be in writing and signed by the parties hereto.

22. GOVERNING LAW
This AGREEMENT and the provisions of this AGREEMENT shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT effective on the Effective Date set forth above.

CITY OF WILLITS
A municipal corporation
Rodney Willburn, City Manager
Date: , 2025
ARTIST
Print: Jenn Procacci, Principal Artist
Date: , 2025
APPROVED AS TO FORM:

Jim Lance, City Attorney
Date: , 2025
ATTEST:

Delores Pedersen, City Clerk
Date: , 2025
1 Exhibit ‘B’

PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A

MURAL BETWEEN THE CITY OF WILLITS AND ANNA JUDD
This PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A MURAL AGREEMENT (hereinafter referred to as “AGREEMENT”) is made and entered into effect on 6/25/2025, by and between the City of Willits, a California municipal corporation, (hereinafter referred to as a “the CITY”) and Anna Judd (hereinafter referred to as “the ARTIST”).

WHEREAS, ARTIST submitted an application (“APPLICATION”) to the CITY in accordance with the provisions in the Call for Artists. The APPLICATION was reviewed and accepted by the CITY.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals which are part of this AGREEMENT and the terms and conditions hereinafter contained, the CITY and ARTIST mutually agree as follows.

1. SCOPE OF SERVICES.

A. ARTIST will paint a mural on private property identified by Call to Artists. If there is any conflict between the provisions of this AGREEMENT, the Call to Artists or the APPLICATION, the provisions of this AGREEMENT shall control. The artwork to be created by the artist shall be: A richly detailed stained-glass–style 6 foot tall and 24 foot wide poppy field, symbolizing growth, resilience, and the splendor of Willits’ natural beauty. The design is segmented into paint-by-number cells (with the final version appearing as stained glass) so volunteers of all ages can participate without compromising artistic quality of the final piece. Artist will host community paint days with the Seabiscuit Therapeutic Riding Center, Golden Rule Mobile Village, partner Organizations, and residents of Ridgewood Ranch (mural will be painted at Ridgewood Ranch and then transported/installed at final location. The wood panels or similar material used by ARTIST shall require approval by CITY.

B. ARTIST shall complete and transport the MURAL at its designated location on or before February 28th, 2026.

C. ARTIST agrees the MURAL will be a specific representation of the submitted and approved mural design.

D. ARTIST acknowledges that the CITY will be the owner of the MURAL. 2 2. COMPENSATION AND COSTS
CITY agrees to compensate ARTIST the sum of $14,059 (“MURAL FEE”) in consideration of ARTIST’s completion of the MURAL in accordance with the provisions of this AGREEMENT. Fifty percent (50%) of the fee will be paid to ARTIST on the Effective Date and the remaining portion of the MURAL FEE will be paid to ARTIST upon the CITY accepting and issuing a Notice of Completion for the MURAL.

C. In the event that it’s determined that the ARTIST has defaulted, the ARTIST shall be responsible for reimbursing the City for any payments made by the CITY to the ARTIST.

6. EQUAL OPPORTUNITY
ARTIST represents it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. ARTIST shall also comply with all relevant provisions of City's programs or guidelines currently in effect or hereinafter enacted regarding equal opportunity employment

7. TERM
The term of this AGREEMENT shall commence on the Effective Date and shall terminate on Feb 28th, 2026, subject to any earlier termination in accordance with this AGREEMENT.

9. INTELLECTUAL PROPERTY
A. CITY’s Sole and Exclusive Ownership Rights. Subject to Section 8(D) of this AGREEMENT, ARTIST shall not retain ownership of or any right, title or interest in any of the MURAL, including but not limited to any of the designs, drawings, paintings, sketches, models, fabrications, audiovisual materials, computer graphics, renderings, writings, or any other media prepared or provided by ARTIST in the performance of this AGREEMENT. The Parties agree that the MURAL prepared or provided by ARTIST in 4 the performance of this AGREEMENT and all such rights, title and interest in or to the MURAL belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY, and its successors and assigns, does and shall at all times own, solely and exclusively, complete and unencumbered, all rights, title and interest in and to all of the MURAL worldwide, any modifications thereto and any derivative works based thereon. Nothing contained herein shall be deemed to constitute a mere license or franchise in the CITY and its successors and assigns. The Parties further agree that CITY, and its successors and assigns, will be free to use, modify, distribute, sell, license or otherwise exploit all such MURAL and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to ARTIST.

In addition, all reproductions shall contain the following credit line unless otherwise requested to the contrary in writing by CITY: “Commissioned by the City of Willits.” Under no circumstances shall ARTIST use or make any photograph or video reproductions of the MURAL for commercial purposes and any photograph or video reproductions used or made by ARTIST shall not compete with any CITY endeavor to sell or promote reproductions of the Works. CITY has sole discretion to determine whether a photograph or video reproduction is utilized for educational and selfpromotional purposes or whether the reproduction competes with CITY’s endeavors to sell or promote its reproductions. If the CITY determines that the photograph or video reproduction does not meet the terms of this section, the CITY shall provide written notice to ARTIST and ARTIST shall immediately cease and desist the use of the reproduction. 5 B. Transfer of Rights of Reproduction. ARTIST hereby transfers to CITY, and its successors and assigns, all rights of reproduction, as that term is defined in California Civil Code Section 982, in the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, including, but not limited to, the right to reproduce the MURAL in any manner whatsoever for commercial and non-commercial purposes. Hereinafter, ARTIST shall not acquire or claim any rights in or to the MURAL, any uses, reproductions or derivatives thereof or any proceeds therefrom.

D. Copyrights. ARTIST shall retain the copyright and all other rights in and to the MURAL under the Copyright Act of 1976, 17 U.S.C.§ 101 et seq., and all other rights in and to the MURAL except ownership and possession. Artist hereby grants to the CITY an irrevocable license to reproduce the MURAL in any non-commercial manner whatsoever.

F. Patent, Copyright and Trademark Infringement. ARTIST shall defend any action or proceeding brought against CITY or its successors and assigns based on any claim 6 that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, or any portion thereof, or the use of the MURAL, or any part thereof, constitutes infringement on any United States patent, copyright or trademark, now or hereafter issued. CITY or its successors and assigns shall give prompt written notice to ARTIST of any such claim or proceeding and will reasonably provide authority, information and assistance in the defense of the same. ARTIST shall indemnify and hold harmless CITY and its successors and assigns from and against all liabilities in any such action or proceeding. ARTIST shall keep CITY and its successors and assigns informed of all new developments in the defense of such actions or proceedings.

The ARTIST shall faithfully perform the services required under this AGREEMENT in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature to the MURAL described in this AGREEMENT.

15. SOLE AND ONLY AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.

18. NOTICE
Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last 8 address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY: City of Willits 111
East Commercial
Street, Willits, Ca
95490
ARTIST: Anna Judd
E-mail: [email protected]
14700 N Hwy 101
Willits ca 95490
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.

21. AMENDMENTS
No change, amendment or modification of this AGREEMENT shall be valid unless the same be in writing and signed by the parties hereto.

22. GOVERNING LAW
This AGREEMENT and the provisions of this AGREEMENT shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT effective on the Effective Date set forth above.
9 CITY OF WILLITS
A municipal corporation
Rodney Willburn,
Interim City Manager
Date: ___, 2025
ARTIST
Anna Judd, Principal Artist
Date: , 2025
APPROVED AS TO FORM:

Jim Lance,
City Attorney
Date: , 2025
ATTEST:

Delores Pedersen,
City Clerk
Date: , 2025
Item No. 9a
Meeting Date: June 25, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel Orozco, Finance Director
Agenda Title: ADOPT A RESOLUTION AUTHORIZING CONTINUATION OF MUNICIPAL OPERATIONS BASED UPON THE FISCAL YEAR 2024-2025 BUDGET.

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

Summary of Request: The Finance Department seeks the City Council to authorize a continuation of municipal expenditures until the Council can adopt a budget for the Fiscal Year of 2025-2026. The adoption of the accompanying Resolution ensures the continued funding for services and programs at existing levels.

Continuation is necessary due to the delay with the Fiscal Year 2022-2023 Audit, the continued implementation of new accounting software set to be finalized by June 30, 2025, and meeting availability among Council members and staff. Currently there is a budget work session scheduled for June 13th between 9 and 11 AM and additional budget review will occur during the June 5th regular meeting. There are Finance Committees scheduled for June 19th and July 17th when the Committee will have the opportunity to review and discuss proposed budget items and offer the entire Council recommendations at the July 23rd meeting.

Recommended Action: Adopt the accompanying Resolution authorizing continuation of municipal operations based upon the Fiscal Year 2024-2025 Budget.

Alternative(s): None recommended.

Fiscal Impact: Financial activities will continue in Fiscal Year 2025-26 for ongoing and routine expenditures using the budgetary framework and authorities stipulated in the 2024-25 Adopted Budget.

Personnel Impact: None.
2021 Adopted Goals: This item addresses 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.

California Environmental Quality Act: Not applicable.

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: Interim City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2025-__ Page 1 of 2 June 25, 2025
RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING CONTINUATION OF MUNICIPAL OPERATIONS BASED UPON THE 2024-2025 BUDGET.

WHEREAS, traditionally, the Willits City Council conducts hearings on its budget for the upcoming fiscal year in May and June in order to approve the budget before the beginning of the fiscal year commencing July 1st; and
WHEREAS, this year’s budget preparation encountered obstacles due to the delay of the Fiscal Year 2023-2024 Audit, the continued implementation of new accounting software, and staff availability due to extraordinary circumstances; and WHEREAS, these delays will prevent the City Council from adopting the Fiscal Year 2025-2026 Budget prior to the beginning of the new Fiscal Year; and WHEREAS, the City seeks to remain in compliance with Government Code Section 37208 (b) Stating “Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment”; and WHEREAS, in order to provide continuing funding for City services and programs, it is necessary to adopt a continuing appropriation and expenditure budget based upon the Annual 2024-2025 Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize, as follows:

1. That the operating budget, exclusive of capital projects and equipment, for the Annual budget of 2024-2025, is hereby established as the appropriation and expenditure level, until the City Council's adoption of the Budget for Fiscal Year 2025-2026.

2. City staff shall continue to process warrants in accordance with the law.

3. The Finance Director may draw warrants or checks in payment of certified payroll and other demands and certify that they comply with the proposed Budget, subject to final ratification by the City Council after the final Budget is adopted for Fiscal Year 2025- 2026. As so certified, said warrants and checks shall be deemed to comply with Government Code Section 37208.

4. This Resolution shall terminate upon adoption of an approved Budget for Fiscal Year 2025-2026.

PASS, APPROVED AND ADOPTED, this 25th day of June 2025.

THE CITY OF WILLITS
_________________________
Tom Allman, Mayor
[Signatures continued on the following page]
Resolution No. 2025-__ Page 2 of 2 June 25, 2025
ATTEST:

AYES:

NOES:

ABSENT:
_________________________
Delores Pedersen, City Clerk
Item No. 9b
Meeting Date: June 25, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director
Agenda Title: DISCUSSION AND POSSIBLE ACTION ADOPTING A RESOLUTION DIRECTING STAFF

TO PROCEED WITH ADJUSTMENTS TO THE WATER AND WASTEWATER SERVICE CHARGES PURSUANT TO PROPOSITION 218.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Summary of Request: On May 24, 2023, the Council received a presentation from Bartle Wells and Associates Regarding the 2023 Water and Wastewater Rate Study. The rates are based on a 10-year financial plan that includes an analysis of cost-of-services to ensure customers continue to pay their proportionate share of utility costs.

Prior to bringing a water rate adjustment to the Council for approval, the City is required to follow the notification and public hearing requirements set forth under Proposition 218. The Proposition 218 process requires that written notification be given to all affected property owners, and that those property owners be given a 45-day period in which to submit written protests if they oppose the proposed rate adjustments.

All notices were sent out to property owners on June 2, 2023, in compliance with Article XIII D, Section 6(a)(1), and Government Code §53753 which states that “the agency shall provide written notice by mail of the proposed fee or charge to the record owner of each...parcel upon which the fee or charge is proposed for imposition.” The notice was mailed out to the public 54 days prior to the City Council approving the resolution to adopt the new rates.

At the time the City Council wanted the Finance Department to come back to City Council prior to the third rate increase to evaluate the need to increase rates again for the third year. Staff have looked at the current situation regarding the level of funding available for the Water and Sewer department after extensive water main and sewer trunk replacements on various streets.

Recommended Action: Adopt the accompanying Resolution to allow the Water and Wastewater Rates to increase for the third year as listed in the Water and Wastewater Study Report.

Alternative(s): Do not adopt the Resolution to allow for the rate increase for the Water and Wastewater systems.

Fiscal Impact: The proposed water and wastewater rate adjustments will ensure that the City is covering the cost of providing water and wastewater service, funding current and future water and wastewater system capital projects and maintaining prudent reserves for operation of the water and wastewater systems. It will help keep up with inflationary costs related to staffing and materials cost increases. With no rate adjustments, the City will not be able to cover costs of providing water and wastewater service and fund critical system projects.

Personnel Impact: Minimal.
2021 Adopted Goals: This action satisfies Goal #1 for Administration…Develop and implement a longrange Fiscal Sustainability Plan for City finances to promote the City’s economic health by balancing revenues and expenditures to solve systemic problems. The action also fulfils Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2025-__ Page 1 of 1 June 25, 2025
RESOLUTION NO. 2025-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING WATER

AND WASTEWATER RATES TO INCREASE FOR THE THIRD YEAR AS LISTED IN THE WATER AND WASTEWATER STUDY REPORT.

WHEREAS, City staff, along with Bartle Wells & Associates, prepared the Water and Wastewater Rate Study that outlines the need and basis for adjustments to existing water and wastewater rates in order to continue to maintain and operate the City’s utilities; and WHEREAS, The adoption of the Water and Wastewater rate schedule followed all requirements of Government Code §6062(a) and §6(a) of Article XIIID of the California Constitution; and
WHEREAS, City Council requested that staff evaluate the need for the rate increase and present to the council its assessment of need for increasing the rates for the third year in the rate schedule; and
WHEREAS, we are in the third year of the rate schedule and staff recommends an increase of rates for the third year due to a need to cover costs of continuing projects for the wastewater enterprise funds;
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize staff to proceed with adjustments to water and wastewater rates based on the Water and Wastewater Rate Study adopted on the 26th day of July 2023, and has provided the proper notification required by law as published on the Water and Wastewater Rate Study in order to adjust the rates as planed in the water and Wastewater rate schedule pursuant to Government Code section 53756 for years 2025-2026. The maximum rate increases are as follows:

Water Program:

FY 23/24 - 6.5% | FY 24/25 – 6.5% | FY 25/26 – 6.5% | FY 26/27 – 6.5% | FY 27/28 – 6.5%.

Wastewater Program:

FY 23/24 - 7% | FY 24/25 – 7% | FY 25/26 – 7% | FY 26/27 – 6% | FY 27/28 – 6%.

PASSED, APPROVED AND ADOPTED, this 25th day of June 2025.

THE CITY OF WILLITS
_________________________
Tom Allman, Mayor
ATTEST:

AYES:

NOES:

ABSENT:
_________________________
Delores Pedersen, City Clerk
Item No. 9c
Meeting Date: June 25, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel Orozco, Finance Director
Agenda Title: ADOPT A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO INCREASE THE

APPROPRIATIONS OF THE MEASURE K FUNDS TO TRANSFER FUNDING TO THE GENERAL FUND

TO COVER COSTS FOR OVERTIME SERVICES IN THE POLICE DEPARTMENT Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: During the council Meeting of June 11, 2025 direction was given to move appropriations from the Measure K fund to cover the Overtime, Part Time and all other pay to the Police Department that is not regular salary and benefits.

In the last meeting a figure was stated as the planned transfers from the Finance Department, which included Police Department overtime but also included a previously agreed figure of Springbrook charges that were not mentioned that lead up to the total. After additional entries that were made since the last meeting, which were made to prepare the Fiscal Year of 2023-2024 for the audit, the total amount Finance seeks the City Council to approve is the following.

Previously agreed to amount in Resolution No. 2023-09 for the total of $109,669 for Springbrook charges that Measure K will cover for actual expenses within the Fiscal Year of 2023-2024.

An increase of appropriation to cover the Overtime, Part Time and all other pay to the Police Department that is not regular salary and benefits for a total of $581,520 Additionally, on December 13, 2023 the Council approved a resolution from the City Manager to add an additional $170,000 in appropriations from the Measure K funding to the General fund to cover the cost of additional professional service agreements for Land Logistics.

The new total of the appropriations from the Measure K Fund being requested is $861,189.

Recommended Action: Adopt the accompanying Resolution authorizing the Finance Director to increase appropriations in Measure K Fund Transfers to the General Fund for a total of $691,189.

Alternative(s): None recommended.

Fiscal Impact: Use of fund balance for the Measure K Fund of $691,189 dollars.

Personnel Impact: None.
2021 Adopted Goals: This item addresses Goal #1 for Administration…Develop and implement a long-range Fiscal Sustainability Plan for City finances in order to promote the City’s economic health by balancing revenues and expenditures to solve systemic problems.

California Environmental Quality Act: Not applicable.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING

AUTHORIZING THE FINANCE DIRECTOR TO INCREASE APPROPRIATIONS IN MEASURE K FUND TRANSFERS TO THE GENERAL FUND FOR A TOTAL OF $826,754.

WHEREAS, direction was given by City Council to move appropriations from Measure K Fund to General Fund to cover the cost of Police Services; and WHEREAS, There was also previous resolutions that also increased appropriations for a Measure K transfer of funds to the General Fund to cover the Springbrook Implementation and the Land Logistics professional services contract; and
WHEREAS, Staff seeks to provide clarity of what the transfers are funding, so Staff has broken down the three items after a small movement of the numbers in preparation of audit; NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize the Finance Director to increase the appropriations of transfers from the Measure K Fund by $581,520, for Overtime, Part Time and all other pay types to the Police Department staff that is not regular salary and benefits to cover the costs of police services for the Fiscal Year of 2023-2024.

This increase in appropriation is on top of a previous appropriation, from Resolution No.2023-09, of funding for Springbrook implementation of actual costs during the fiscal year which would require a transfer of $109,669.

There is also an additional appropriation, Resolution No. 2023-69, for Land Logistics, also for actual costs of the fiscal year 23/24 that requires a transfer of $135,565.

This would be a total of transfer of funding from Measure K funds for FY 23/24 for a total amount of $826,754.

PASSED, APPROVED AND ADOPTED, this 25th day of June 2025.

THE CITY OF WILLITS
_________________________
Tom Allman, Mayor
ATTEST:

AYES:

NOES:

ABSENT:
_________________________
Delores Pedersen, City Clerk

Willits City CouncilJune 25, 2025

Willits City Council
June 25, 2025