City Council
Rick Thomas, Mayor
David Vodden, Vice Mayor
Gary Hansen, Council Member
Forrest Sprague, Council Member
Evan Hutson, Council Member
City Manager
Marti Brown
City Clerk
Amos Hoover
Willows City Council
Regular Meeting
October 24, 2023
Willows City Hall
Closed Session – 5:00PM
Regular Session - 6:00 PM
201 North Lassen Street
Willows, CA 95988
(530) 934-7041
Agenda
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CHANGES TO THE AGENDA
5. CLOSED SESSION (5:00 PM)
Pursuant to Government Code Sections §54954.3, the public will have an opportunity to directly address the legislative body on the item below prior to the Council convening into closed session. Public Comments are generally restricted to three minutes.
a. Conference with Legal Counsel – Substantial Risk of Litigation Potential exposure to litigation pursuant to § 54956.9(b) b. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(b)
6. CEREMONIAL MATTERS (6:00 PM)
a. Proclamation: Veteran’s Day
b. Proclamation: National Pearl Harbor Remembrance Day
7. PUBLIC COMMENT & CONSENT CALENDAR FORUM
All matters on the Consent Calendar are considered routine and are approved by one motion and vote, unless Councilmembers or the City Manager first requests that a matter be removed for separate discussion and action. Individuals wishing to address the City Council concerning Consent Calendar items or regarding matters that are not already on the agenda are invited to make oral comments of up to three minutes at this time. Please address your comments to the Mayor and Councilmembers, and not to staff and/or the audience. By State law, the Council is not permitted to undertake any action or discussion on any item not appearing on the posted agenda. If you have any documentation that you would like distributed to the City Council, please mail it to the City Clerk at 201 North Lassen Street, Willows, CA 95988 or email it to: [email protected]. 1 a. Register Approval
Recommended Action: Approve general checking, payroll, and direct deposit check registers.
Contact: Amos Hoover, City Clerk, [email protected] b. Minutes Approval
Recommended Action: Approve the October 10, 2023, and October 16, 2023 meeting minutes.
Contact: Amos Hoover, City Clerk, [email protected] c. Opt-in to the Uniform Construction Cost Accounting Act Recommended Action: Adopt by title only and waive reading of the text, an Ordinance adding a new Willows Municipal Code Chapter 3, Subsection 3.06 – “Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act.”
Contact: John Wanger, City Engineer, [email protected] d. New Sewage Pumps for Cherry Street Lift Station
Recommended Action: Authorize the City Manager to purchase and install two new sewage pumps for the Cherry Street Lift Station in an amount not to exceed $20,000.
Contact: John Wanger, City Engineer, [email protected] e. City Hall HVAC Unit Replacement Improvements
Recommended Action: Approve the attached resolution accepting the improvements associated with replacement of a new HVAC unit at the City Hall building and authorize the filing of the Notice of Completion for the project.
Contact: John Wanger, City Engineer, [email protected] f. Willows High School Agriculture Facility Project
Recommended Action: Consider, discuss, direct any changes and approve draft letter to the Willows Unified School District regarding the District’s proposed Agriculture Facility Project.
Contact: Marti Brown, City Manager, [email protected] g. Lease of City Owned Property
Recommended Action: Authorize City Manager, or her designee, to solicit bids to lease real city owned property for agricultural purposes located at the City of Willows Wastewater Treatment Plant Site.
Contact: Marti Brown, City Manager, [email protected] h. Master Fee Schedule Update
Recommended Action: Approve bid award and contract for a comprehensive update to the City’s Master Fee Schedule.
Contact: Marti Brown, City Manager, [email protected] i. General Plan Update - North Valley Indian Health Rezone Project Recommended Action: Introduce second reading by title only and approve a resolution entitled:
“A resolution approving the request to amend the general plan land use map (file#GPA-23-01) 2 and redesignate five parcels from office and professional to general commercial and approve the request to modify the zoning map (file#RZ-23-01) and rezone five parcels from RP (multiple residence professional office district) to CC (central commercial) for property located at assessor’s parcel numbers 002-152-001; 002-152-002; 002-152-003; 002-152-007 002-152- 012.”
Contact: Byron Turner, City Planner, [email protected]
8. DISCUSSION AND ACTION CALENDAR
All matters in this section of the agenda are discussed and will be acted on individually. Individuals wishing to address the City Council concerning any of these items are invited to make oral comments of up to three minutes at this time. Please address your comments to the Mayor and Councilmembers, and not to staff and/or the audience. When the Mayor calls for public comment, please raise your hand to be acknowledged. While not required, the City requests that you please state your name clearly for the audio recording. By State law, the Council is not permitted to undertake any action or discussion on any item not appearing on the posted agenda.
If you have any documentation that you would like distributed to the City Council, please mail it to the City Clerk at 201 North Lassen Street, Willows, CA 95988 or email it to: [email protected]. a. Temporary Law Enforcement Contract with the Glenn County Sheriff’s Office Recommended Action: Approve the attached temporary law enforcement agreement with the Glenn County Sheriff’s Office in the amount of $1.285 million through December 31, 2023.
Contact: Marti Brown, City Manager, [email protected] b. Sales Tax Measure Ordinance Discussion
Recommended Action: Review and discuss the proposed Sales Tax Ordinance, provide direction to City staff, and take any necessary action.
Requested By: Mayor Thomas
Contact: Marti Brown, City Manager, [email protected] c. Countywide Drought Management Committee Appointment
Recommended Action: Appoint a member of the Council to the Countywide Drought Management Committee.
Contact: Amos Hoover, City Clerk, [email protected]
9. COMMENTS & REPORTS
a. Council Correspondence
b. City Council Comments & Reports
c. City Manager’s Report
10. ADJOURNMENT
This agenda was posted on October 20, 2023.
3 ______________________________
Amos Hoover, City Clerk
A complete agenda packet, including staff reports and back-up information, is available for public inspection during normal work hours at City Hall or the Willows Public Library at 201 North Lassen Street in Willows or on the City’s website at www.cityofwillows.org.
In compliance with the Americans with Disabilities Act, the City of Willows will make available to members of the public any special assistance necessary to participate in this meeting. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). The public should contact the City Clerk’s office at 934-7041 to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
The City of Willows is an Equal Opportunity Provider.
4 CLOSED SESSION
55 CEREMONIAL
MATTERS
66 Agenda Item #6a
City of Willows
Proclamation
Veteran’s Day
WHEREAS, the 11th of November 1918, marked the end of the ‘war to end all wars’ and the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed; and
WHEREAS, it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and
WHEREAS, on June 1, 1954 Congress declared that Armistice Day should be Veterans Day to honor all who had served in all wars to preserve world peace and on October 8, 1954 President Dwight D. Eisenhower issued the first Veterans Day Proclamation; and WHEREAS, to protect the Nation they love, our veterans stepped forward when America needed them most. In conflicts around the world, their sacrifice and resolve helped destroy the enemies of freedom and saved millions from oppression. In answering history's call with honor, decency, and resolve, our veterans have shown the power of liberty and earned the respect and admiration of a grateful Nation; and
WHEREAS, all of America's veterans have placed our Nation's security before their own lives, creating a debt that we can never fully repay. Our veterans represent the best of America, and they deserve the best America can give them;
NOW THEREFORE, I, Richard Thomas, Mayor of the City of Willows and on behalf of the Willows City Council and the Citizens of Willows, do hereby proclaim November 11, 2023, as Veterans Day and urge all citizens of Willows to recognize the valor and sacrifice of our veterans through ceremonies and prayers.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 24th day of November 2023.
_____________________________
Richard Thomas, Mayor
7 Agenda Item #6b
City of Willows
Proclamation
National Pearl Harbor Remembrance Day
WHEREAS, on December 7, 1941, as dawn broke over the island of Oahu, hundreds of bombs broke through the sky as Imperial Japanese Navy Forces launched an unprovoked aerial attack on an American naval base at Pearl Harbor, launching America into a conflict that would forever change the course of human dignity, freedom and history. While the bombardment lasted only two hours, it was devastating - destroying nearly 20 American naval vessels, including eight battleships, and more than 300 airplanes. The surprise assault resulted in the deaths of 2403 unsuspecting and innocent military personnel and civilians alike, and wounded an additional 1178 others; and
WHEREAS, on December 8, 1941, while addressing the United States Congress concerning the surprise assault on Pearl Harbor, President Franklin D. Roosevelt requested that Congress declare war on Japan, stating, in part:
“Yesterday the United States of America was suddenly and deliberately attacked......No matter how long it may take us to overcome this premeditated invasion, the American people in their righteous might will win through to absolute victory. I believe I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost but will make very certain that this form of treachery shall never endanger us again.”
On that day, December 8, 1941, Congress approved President Roosevelt’s request for declaration of war, and the United States had officially joined World War II; and WHEREAS, although America may had been unprepared for war, in response to the declaration of war, the American people summoned a great national effort in military strength, and patriots from every corner of our Nation answered the call to serve and band together in common cause. Sixteen million Americans left behind everything they knew and loved in order to fight for freedom far from home and liberate a continent from the grip of tyranny. Individuals from all backgrounds and walks of life courageously crossed oceans and stormed beaches, uplifting a generation and paving the way for our fiercest adversaries to become some of our closest allies; and
WHEREAS, the sacrifices of our military personnel at Pearl Harbor became a prelude to those that America’s brave fighting forces were to endure around the world for the next three and 8 one-half years - and in the example of those who came forth in those months and years following the attack on Pearl Harbor, we saw an enduring truth: that no challenge is too great when we stand as one people, committed to the ideals which the stars and stripes symbolize, and we remember that strength, vigilance and devotion will forever keep America the land of the free and the home of the brave; and
WHEREAS, it is appropriate to recognize and honor America’s Greatest Generation who, through sacrifice, valor, dedication and determination courageously defended our Nation and preserved our freedom; and also, to honor those American patriots who died as a result of their service. We resolve that we will keep faith with those we have loved and lost and resolve that, always, we will remember Pearl Harbor and the Global conflict of World War II.
NOW, THEREFORE, I, Richard Thomas, Mayor of the City of Willows, and on behalf of the Willows City Council, do hereby proclaim December 7, 2023, “Pearl Harbor Remembrance Day” in the City of Willows, and I call upon the citizens of Willows to observe this solemn occasion with appropriate ceremonies and activities and to pledge eternal vigilance and strong resolve to defend our Nation and its allies from future aggression.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the City of Willows to be affixed hereto this 24th day of November 2023. _____________________________
Richard Thomas, Mayor
9 PUBLIC COMMENT &
CONSENT CALENDAR
FORUM
1010
Agenda Item #7a.
PERIOD
09/07/2023 TO 09/27/2023
Check Register 53588 TO 53635 &
53690 TO 53738
APPROVAL DATE 10/24/2023
APPROVED ___________________________________________
1111
1212
1313
1414
1515
City Council
Rick Thomas, Mayor
David Vodden, Vice Mayor
Gary Hansen, Council Member
Forrest Sprague, Council Member
Vacant, Council Member
City Manager
Marti Brown
City Clerk
Amos Hoover
Willows City Council
Regular Meeting
Draft Action Minutes
October 10, 2023
Willows City Hall
Regular Session - 6:00 PM
201 North Lassen Street
Willows, CA 95988
(530) 934-7041
1. CALL TO ORDER – 6:00pm
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers Present: Mayor Thomas, Vice-Mayor Vodden, and Councilmembers Hansen, Hutson, and Sprague
Councilmembers Absent: None
4. CHANGES TO THE AGENDA
5. CEREMONIAL MATTERS
a. Proclamation – Global War on Terrorism Recognition
Accepted by the VFW Post 1770 Auxiliary.
6. PUBLIC COMMENT & CONSENT CALENDAR FORUM
a. Register Approval
Action: Approved general checking, payroll, and direct deposit check registers. b. Minutes Approval
Action: Approved the minutes of the September 12 and October 4, 2023, City Council meetings.
c. Glenn County Health and Human Services Agency Agreement Action: Authorized the Library Director, or designee, to sign the agreement with the Health and Human Services Agency for the purpose of the Willows Library partnering with Glenn County HHSA to provide the citizens of Glenn County with public health education, including timely access to COVID-19 mitigation, treatment, and prevention.
Agenda Item #7b
1616
2 d. Opt-in to the Uniform Construction Cost Accounting Act Action: Approved the first reading by title only of an ordinance to implement the provisions of the California Uniform Public Construction Cost Accounting Act to help expedite the delivery and reduce the cost of small projects.
e. Planning Commission Appointment
Action: Appointed Sherry Brott to the Planning Commission.
Moved/Seconded: Vice Mayor Vodden and Councilmember Hansen Yes: Councilmembers Hansen, Hutson, and Sprague, Vice Mayor Vodden, and Mayor Thomas
No: None
7. PUBLIC HEARING
a. General Plan Update - North Valley Indian Health Rezone Project Action: Held a public hearing and passed a first reading of a resolution entitled: “A resolution approving the request to amend the general plan land use map (file#GPA-23-01) and redesignate five parcels from office and professional to general commercial and approve the request to modify the zoning map (file#RZ-23-01) and rezone five parcels from RP (multiple residence professional office district) to CC (central commercial) for property located at assessor’s parcel numbers 002-152-001; 002-152-002; 002-152-003; 002-152-007 002-152- 012.”
Hearing Opened at 6:15 PM, Closed at 6:17 PM
Public Comments Received:
Josh Hines
Moved/Seconded: Vice Mayor Vodden and Councilmember Hansen Yes: Councilmembers Hansen, Hutson and Sprague, Vice Mayor Vodden and Mayor Thomas
No: None
8. DISCUSSION AND ACTION CALENDAR
a. Award of Contract - Closed Circuit TV (CCTV) Inspection of City Sewer Mains Action: Approved resolution authorizing the City Manager to execute an agreement with NorCal Pipeline Services for $13,210 and establishing an overall budget for the project of $14,510.
Moved/Seconded: Councilmember Hansen and Vice Mayor Vodden Yes: Councilmembers Hansen, Hutson and Sprague, Vice Mayor Vodden and Mayor Thomas
No: None
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3 b. Fiscal Emergency & Sales Tax Ballot Measure
Action: Approved a resolution declaring a fiscal emergency and authorizing the City Manager to place a 1% sales tax measure on the March 2024 election ballot.
Public Comments Received:
Steve Moss
Vince Holvick
Doug Ross
Moved/Seconded: Councilmember Hansen and Vice Mayor Vodden Yes: Councilmembers Hansen, and Hutson, Vice Mayor Vodden and Mayor Thomas No: Councilmember Sprague
c. City Council Committee Appointments
Action: Appointed councilmember Hutson as an alternate to the Regional Transit Committee and the primary representative to the Library Board Committee, and appointed Mayor Thomas to the Public Safety Committee.
d. Willows High School Agriculture Facility Project
Action: Directed City staff to draft a letter to the Willows Unified School District to be reviewed at a later meeting.
Public Comments Received:
Emmett Koerperich
Doug Ross
Steve Moss
Jeff Williams
Dennis Asbury
Moved/Seconded: Councilmember Sprague and Hutson
Yes: Councilmembers Hansen, Hutson, and Sprague, Vice Mayor Vodden and Mayor Thomas
No: None
e. Sewer Fee Ad Hoc Committee
Action: No action taken.
Public Comments Received:
Jeff Williams
Motion by Councilmember Sprague to appoint two new members to the Sewer Fee Ad Hoc Committee. With no second, the motion died.
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4 9. COMMENTS & REPORTS
a. Council Correspondence
b. City Council Comments & Reports
c. City Manager’s Report
10. ADJOURNMENT - 9:52 PM
______________________________
Amos Hoover, City Clerk
1919
City Council
Rick Thomas, Mayor
David Vodden, Vice Mayor
Gary Hansen, Council Member
Forrest Sprague, Council Member
Vacant, Council Member
City Manager
Marti Brown
City Clerk
Amos Hoover
Willows City Council
Special Meeting
Draft Action Minutes
October 16, 2023
Willows City Hall
1:00 PM
201 North Lassen Street
Willows, CA 95988
(530) 934-7041
1. CALL TO ORDER – 1:00 PM
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers Present: Mayor Thomas, Vice-Mayor Vodden, and Councilmembers Hansen, Hutson, and Sprague
Councilmembers Absent: None
4. CLOSED SESSION
a. Conference with Legal Counsel – Substantial Risk of Litigation Potential exposure to litigation pursuant to § 54956.9(b) Report Out: We have given direction to staff, and would like to make the following announcement, that the City Council has agreed to pay $1,285,000 to the Glenn County Sheriff to continue police services for the citizens of Willows starting at midnight tonight. Public safety is paramount to our city’s citizens, and we will continue to make sure our citizens are well served.
5. ADJOURNMENT 2:29 PM
______________________________
Amos Hoover, City Clerk
2020
Agenda Item #7c.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: John Wanger, City Engineer
Marti Brown, City Manager
Subject: Opt-in to the Uniform Construction Cost Accounting Act Recommendation:
Adopt by title only and waive reading of the text, an Ordinance adding a new Willows Municipal Code Chapter 3, Subsection 3.06 – “Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act.”
Background:
At the October 10, 2023, City Council meeting, this item was introduced to the Council and a public hearing was held. As this is an ordinance, this item is brought back to the Council for the second reading and adoption of the proposed Ordinance.
To remind the Council of the background, under the California Public Contract Code, Cities must bid projects in excess of $5,000 to a competitive public bidding process. This limit was adopted well over 50 years ago and has never been adjusted for information. The timeframe required to advertise, open, review and process a bid for an award by the City Council is considerable and can take several months. Considering the length of time and the effort involved in this process, smaller projects can be burdensome to deliver.
Discussion & Analysis:
To help expedite smaller projects, the ACT was adopted. The ACT allows public agencies to voluntarily elect to become subject to its provisions. By such an election, participating public agencies are allowed to advertise and award public works projects in a streamlined manner. The ACT also makes participating public agencies subject to the oversight of the California Uniform Construction Cost Accounting Commission (Commission), which is responsible for overseeing compliance with the ACT. Public Agencies who are found in violation of the ACT, can be issued a “strike” by the Commission. Agencies that receive three “strikes” within a ten-year period, are precluded from using the provisions of the ACT for the following five years. The ACT does not provide for any other sanctions or penalties.
21 Under the ACT, projects are broken into three categories by their value. These categories and their current bidding procedures and limits are highlighted below:
Project Size Dollar Range Bidding Procedures
Small Under $60,000 Local Requirements Only
Medium $60k to $200k Informal Bidding
Large Over $200,000 Formal Bidding
In addition to its informal bidding procedures, the ACT also allows participants to perform work defined as a “public project,” with their in-house staff up to a limit of $60,000. In the context of the Public Contract Code, a “public project” is generally defined as construction, replacement, or major repairs. In order to take advantage of that aspect of the ACT, participating agencies are required to adopt and implement elaborate cost-accounting procedures to track their costs.
Since City staff does not perform this type and scale of work with in-house staff and the effort to adopt and implement these elaborate cost accounting procedures is onerous, staff does not plan to utilize these provisions of the ACT.
Adoption of the ACT by Willows will allow the City to deliver smaller projects more quickly and less expensively. Staff therefore recommends the Council implement the recommendations.
Fiscal Impact:
Ultimate fiscal impacts will most likely mean less staff time and less publication expenses when advertising projects. The exact amount will vary by project.
Attachments:
Attachment 1: Ordinance 2023-XX
22 CITY OF WILLOWS
ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLOWS ADDING A NEW WILLOWS MUNICIPAL CODE CHAPTER 3, SUBSECTION 3.06 -“INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT”
WHEREAS, the City desires to participate in the California Uniform Public Construction Cost Accounting Act (the Act), as contained in Public Contract Code (PCC) Section 22000, et seq, and WHEREAS, the Act requires public agencies electing to participate to adopt an Informal Bidding Ordinance pursuant to PCC 22034,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILLOWS does ordain as follows:
SECTION 1. Chapter 3, Subsection 3.06, “Informal Bidding Procedures” is hereby adopted to read:
3.06.010 - Informal Bid Procedures. Public projects, as defined by the Act (Public Contract Code (PCC) Section 22000, et seq) and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be performed or let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.
3.06.020 - Contractor List. The agency shall comply with the requirements of Public Contract Code Section 22034.
3.06.030 - Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Ordinance, a Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both.
(1) The public agency shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar days before bids are due.
(2) The public agency may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Section 22036.
3.06.040 - Proprietary Bidding. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
3.06.050 - Award of Contract. Contracts of the amount that are in excess of the City Manager’s signing authority shall be awarded by the City Council.
Attachment 1
2323
This ordinance was introduced at a regular meeting of the City Council of the City of Willows, held on October 10, 2023, and adopted at a regular meeting of the City Council of the City of Willows, held on October 24, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED: ATTEST:
___________________________ _____________________________
RICHARD THOMAS, MAYOR AMOS HOOVER, CITY CLERK
APPROVED AS TO FORM:
THE CITY ATTORNEY’S OFFICE
_______________________________
CAROLYN WALKER, CITY ATTORNEY
2424
Agenda Item #7d.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: John Wanger, City Engineer
Marti Brown, City Manager
Subject: New Sewage Pumps for Cherry Street Lift Station Recommendation:
Authorize the City Manager to purchase and install two new sewage pumps for the Cherry Street Lift Station in an amount not to exceed $20,000.
Rationale for Recommendation:
The pumps at the Cherry Street Lift Station require replacement.
Background:
The two Cherry Street Lift Station pumps are failing and need to be replaced. Typically, staff tries to recondition pumps that are taken out of service; however, when the pumps that were removed from the Cherry Street Lift Station were shipped to be rehabilitated, the company servicing the pumps (Pacific Machine Company) noted that they were from the 1980’s and the cost to refurbish the pumps would costs as much or more than buying brand new pumps.
Pacific Machine Company quoted $9,579.70 to replace each of the existing pumps with new pumps - a total of $19,159.40 not including freight for shipping.
Discussion & Analysis:
Typically, all sewer lift stations in the City have two pumps in the lift station, as well as two backup pumps. This redundancy is required to ensure that if either or both of the pumps in the lift station stop working, that they can be replaced immediately to prevent expensive bypass pumping or a sewer spill.
In an effort to comply with the City’s Purchasing Ordinance, staff solicited costs from two other pump suppliers. Staff received one additional bid from Shape Incorporated for $9,588.00 each - a total of $19,176 not including freight for shipping.
Based on the bids received, staff recommends authorization to purchase two new pumps for the Cherry Street Lift Station from Pacific Machine Company for a total of $19,159.40 plus freight costs.
2525
Fiscal Impact:
The pump replacement would be funded by the Sewage Enterprise Fund for a not to exceed amount of $20,000.
2626
Agenda Item #7e.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: John Wanger, City Engineer
Marti Brown, City Manager
Subject: City Hall HVAC Unit Replacement Improvements
Recommendation:
Approve the attached resolution accepting the improvements associated with replacement of an HVAC unit at the City Hall building and authorize filing the Notice of Completion for the project.
Rationale for Recommendation:
One of the HVAC units at City Hall recently failed. Upon inspection by an HVAC specialist, it was apparent that the unit needed to be replaced as it was more than 20 years old and could not be repaired without shipping hard to find parts from out of state that would have cost as much or more as purchasing a new unit.
Background:
In August 2023, one of the HVAC units at City Hall failed. As it was the middle of summer, it needed to be repaired or replaced immediately. After an initial assessment, it was quickly apparent that it would be more cost and time effective to replace the unit than repair it. As it was an emergency, the project was immediately initiated and recently completed by North State Air Conditioning to the City’s satisfaction. The total construction cost was $15,000.
Discussion & Analysis:
Based upon the satisfactory completion of the work, Staff is recommending that the City Council accept the improvements and authorize the City Engineer to file the Notice of Completion.
Fiscal Impact:
The overall budget and expenditures for this project is summarized as follows:
Approved Actual
Budget Expenditure
Construction: $ 15,000 $15,000
Contingency (10%): $ 1,500 $ 0
Estimated total $ 16,500 $15,000
2727
As previously authorized, the funding source for this project will be a combination General Fund and Sewage Enterprise Fund monies.
Attachment:
Attachment 1: Resolution XX-2023
Attachment 2: Notice of Completion
2828
Attachment 1
City of Willows
Resolution XX-2023
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WILLOWS, STATE OF CALIFORNIA,
ACCEPTING THE IMPROVEMENTS ASSOCIATED WITH REPLACEMENT OF AN HVAC UNIT AT
CITY HALL, AND AUTHORIZING THE NOTICE OF COMPLETION TO BE FILED FOR THE PROJECT WHEREAS, at the September 12, 2023, City council meeting, the City Council approved entering into a contract with North State Air Conditioning for the replacement of one HVAC unit at City Hall located at 201 N. Lassen Street ("Project") and established an overall project budget; and
WHEREAS, the Project has been inspected and determined to have been completed in accordance with the contract requirements; and
WHEREAS, based upon the foregoing, staff recommends acceptance of the Project on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WILLOWS AS FOLLOWS:
1. The City hereby accepts the improvements associated with the Project.
2. Authorizes and directs the City Engineer to file a Notice of Completion concerning the Project with the Glenn County Clerk’s Office within ten (10) days of the date of this Resolution.
3. This Resolution shall become effective immediately.
4. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Willows hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Willows, State of California this 24th day of October, 2023, by the following vote:
AYES:
2929
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTESTED:
_____________________________ _____________________________ Richard Thomas, Mayor Amos Hoover, City Clerk
3030
WHEN RECORDED RETURN TO:
City Clerk
City of Willows
201 Pacific Avenue
Willows, CA 95988
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Willows, 201 N. Lassen Street, Willows, California, owners in fee of 201 N. Lassen Street within the City of Willows, California, observed certain construction work to be performed within the City of Willows, County of Glenn, which work is generally described as follows:
The replacement of one HVAC unit on the roof of City Hall located at 201 N. Lassen Street included removal of failed HVAC equipment and related components, and installation of a new HVAC unit, including mechanical and electrical work to connect to the City’s existing HVAC system.
That the contractor for the performance of such work was awarded to North State Air Conditioning and that said work was satisfactorily completed on October 13, 2023, in accordance with the Project Plans and Specifications. The final construction cost for the project was $15,000.
This notice is given pursuant to Section 9204 of the Civil Code of the State of California.
This is to certify that the Notice of Completion above is hereby authorized by order of the Council of the City of Willows pursuant to Council Resolution No. ____ dated
October 24, 2023, and owner consents to recordation
thereof by its duly authorized officer.
City of Willows
A Municipal Corporation
I declare under penalty of perjury that the information is true and correct.
By:
_______________________, City Engineer
Dated: October 24, 2023
Attachment 2
3131
Agenda Item #7f.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: Marti Brown, City Manager
Subject: Willows High School Agriculture Facility Project Recommendation:
Consider, discuss, direct staff to make any changes and approve the draft letter to the Willows Unified School District (‘District’) regarding the District’s proposed Agriculture Facility Project.
Recommendation:
The District proposes to construct an agricultural facility on its property within the City limits and the City of Willows has several environmental and public health concerns that it wishes to present to and share with the District in the hopes that those concerns are addressed and mitigated.
Background:
The City of Willows received notice from the Willows Unified School District on September 8, 2023, of its proposal to construct an Agriculture Facility at the Willows High School. As a part of this project the School District filed a Notice of Exemption, including an exemption from local city zoning and building ordinances.
Discussion & Analysis:
The City has several environmental and public health and safety concerns with the proposed project and, therefore, plans to present the attached letter (or a revised version of it) to the District by the end of October 2023.
Fiscal Impact:
There is none.
Attachment:
Attachment 1: Draft Letter to the School District
3232
201 North Lassen • Willows, California 95988 • (530) 934-7041 • FAX: (530) 934-7402 October 24, 2023
Willows Unified School District
Attn: Emmett Koerperich, Superintendent
823 W. Laurel Street
Willows, CA 95988
Dear Superintendent Koerperich:
The City of Willows (‘City’) received notice from the Willows Unified School District (‘District’) dated September 8, 2023, of the proposed Willows High School Agricultural Facility Project (‘Project’) at the existing high school campus, which includes the construction of an approximately 3,500-square-foot barn building. The Project will include space for an animal exercise yard, an animal washing area, an attached teaching facility, and path of travel upgrades to the Project to accommodate students and staff's access to the facility. The City understands that the District adopted a Notice of Exemption (NOE) for the Project as described in the attached District Resolution No. 2023-024-03 and an exemption from local City zoning and building ordinances and regulations as described in the attached District Resolution No. 2023-024-04.
The NOE states the Projects qualifies for Existing Facilities (Class 1; Section (§)15301), New Construction or Conversion of Small Structures (Class 3; §15303), Accessory Structures (Class 11; §15311) and Minor Additions to Schools (Class 14; §15314) exemptions pursuant to the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Division 6. The City disagrees with the use of the aforementioned exemptions used for the Project due to lack of sufficient evidence to support the use of the exemptions. Resolution No. 2023-024-03 does not contain specific findings related to the Project to demonstrate how the exemptions apply to the project. The City additionally disagrees that a new 3,500 square foot barn building qualifies as a minimal addition to an existing facility making the CEQA exemptions invalid.
Additionally, Resolution No. 2023-024-03 states that none of the exceptions to the categorical exemptions apply to the Project as described CEQA §15300.2 Exceptions. However, no analysis or mitigation has been proposed to operations associated with the 3,500-square-foot barn that would include, but not be limited to: handling and disposal of animal feces and manure management, impacts of odor, air quality, and other nuisances on sensitive receptors in the immediate surrounding area, and impacts related to stormwater drainage and disposal of water used by the animal washing station.
Therefore, the City disputes that adequate environmental review has been conducted by the District and objects to the Project until the District can demonstrate adequate environmental review has been Attachment 1
3333
201 North Lassen • Willows, California 95988 • (530) 934-7041 • FAX: (530) 934-7402 conducted.
Furthermore, Resolution No. 2023-024-04 states pursuant to Government Code Section 53094, the City’s General Plan and Zoning Ordinances do not apply to the Project. However, Government Code Section 53094 states the section does not require a school district to comply with the zoning ordinances of a county or city unless the zoning ordinance makes provision for the location of public schools and unless the city or county has adopted a general plan. The Project is located within the Public Facilities and Services Designation as described by the City’s General Plan and Zoning Ordinance.
The Willows Municipal Code (WMC) Section 18.95.020 Uses Permitted Subject to Planning Commission Review states buildings and facilities owned, leased, or operated by the City of Willows, the Unified School District or any other district, the County of Glenn, the State of California or the government of the United States shall be required to submit all development proposals for review for conformity with the adopted general plan and conformance with CEQA. Such development proposals would be reviewed for conformity by the City Planning Commission at a noticed public hearing.
In addition, the CEQA Notice of Exemptions was passed in conjunction with the project, which makes the exemptions invalid. Legally, the project must be approved before exemptions can be passed and filed.
In conclusion, the City determined there is insufficient evidence to determine this project is consistent with the WMC as it pertains to CEQA, General Plan and Zoning Regulations, and Building Department and Public Works Department requirements. The City recommends that the District contact the City Contract Planner, Byron Turner, at (530) 934-7041 or email [email protected] to set up a preapplication meeting to discuss the Project, and City review and permitting requirements.
Sincerely,
Marti Brown,
City Manager
encl: District Resolutions No. 2023-024-03 & 2023-024-04 cc: Willows Unified School District Board of Directors and the Office of Planning and Research 3434
RESOLUTION NO. 23-24 -_3_ Page 1 of 3
WILLOWS UNIFIED SCHOOL DISTRICT
WILLOWS UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 2023-24-03
RESOLUTION OF THE BOARD OF EDUCATION OF WILLOWS UNIFIED SCHOOL DISTRICT: (1) FINDING THE PROPOSED WILLOWS HIGH SCHOOL AGRICULTURAL
FACILITY PROJECT TO BE EXEMPT UNDER CEQA AND ADOPTING CATEGORICAL EXEMPTIONS; (2) APPROVING THE PROJECT; AND (3) AUTHORIZING FILING OF
NOTICE OF EXEMPTION UPON PROJECT APPROVAL
WHEREAS, Willows Unified School District (the “District”), proposes to undertake the Willows High School Agricultural Facility Project at the Willow High School Campus, 203 N.
Murdock Avenue Parkway, Willows, CA 95988 (the “Project”) as further described below; and WHEREAS, as more specifically described in the attached Notice of Exemption (“NOE”, attached hereto at Exhibit “A” and incorporated herein by reference), the proposed Project consists of the construction of an approximately 3,500 square foot barn building furthering the District’s agricultural instruction and related programs/pathways. The Project will include space for an animal exercise yard, an animal washing area, an attached teaching facility, and path of travel upgrades to the Project to accommodate students and staff’s access to the facility. The beneficiaries of the Project will be students, staff, and surrounding community; and
WHEREAS, the District must comply with the California Environmental Quality Act (“CEQA”) for the proposed Project, unless the Project is exempt from CEQA; and WHEREAS, the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, categorically exempts certain projects, including projects consisting of:
• Class 1 – operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use (§ 15301);
• Class 3 – construction and location of limited numbers of new, small facilities or structures; installation of new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structures (§ 15303); • Class 11 – construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities (§ 15311); and • Class 14 – minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less (§ 15314); and
WHEREAS, based on the record, as further explained below, the proposed Project meets the criteria for, and thus is exempt from CEQA under the respective exemption(s), as set forth in the table below:
Proposed Project Applicable Exemptions
3535
RESOLUTION NO. 23-24 -_3_ Page 2 of 3
WILLOWS UNIFIED SCHOOL DISTRICT
Willows High School Agricultural Facility
Project
CatEx: Class 1, Class 3, Class 11 & Class 14.
WHEREAS, the proposed Project meets the criteria for, and thus is categorically exempt from CEQA, under each respective categorical exemption Class set forth in the table above; and WHEREAS, the CEQA Guidelines also set forth exceptions to the categorical exemptions (§ 15300.2); and
WHEREAS, based on the record, the Project is not subject to any of the exceptions to categorical exemptions, including, without limitation, because:
• The Project is located on a developed, operating high school campus and would not impact a designated environmental resource of hazardous or critical concern; • There are no other projects of the same type in the same place as the Project that would result in cumulative impacts;
• There is no indication of unusual circumstances that would cause a significant environmental impact related to the Project;
• The Project would not result in damage to scenic or natural resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources within a highway officially designated as a state scenic highway because the Project would be located on an existing developed and operating high school site, and does not result in an encroachment of any incompatible land use, does not detract from scenic views or scenic quality, and includes proper siting;
• The Project is not located on a hazardous waste site; and • The Project would not cause a substantial adverse change in the significance of a historical resource.
NOW, THEREFORE, the Board of Education of the Willows Unified School District hereby finds, determines, declares, orders, and resolves as follows:
1. That the foregoing recitals are true and correct and incorporated herein.
2. That the Willows High School Agricultural Facility Project meets the criteria for, and thus is categorically exempt from CEQA under, Class 1, Class 3, Class 11, and Class
14. 3. That none of the exceptions to the categorical exemptions apply to the Project.
4. That all applicable CEQA requirements have been fulfilled for the Project.
5. That the exemptions from CEQA set forth herein respective to the Project are hereby adopted.
6. That all actions required to be taken by applicable law related to the approval of the Project have been taken. Therefore, the Board hereby approves the Project as more specifically identified in the attached NOE. This action constitutes an “approval” as defined under section 15352(a) of the CEQA Guidelines for the Project. 3636
RESOLUTION NO. 23-24 -_3_ Page 3 of 3
WILLOWS UNIFIED SCHOOL DISTRICT
7. That the following NOE, attached hereto as Exhibit “A”, is approved and incorporated herein by reference: Notice of Exemption for Willows High School Agricultural Facility Project.
8. That District staff is hereby authorized and directed to file and post the attached NOE for the Project, consistent with this Resolution, with all appropriate public agencies or entities.
9. That the District’s Superintendent and/or designee is hereby authorized to take all further action necessary to otherwise carry out, give effect to, and comply with the terms and intent of this Resolution.
APPROVED, PASSED, AND ADOPTED at a regular meeting of the Board of Education of the Willows Unified School District held this __ day of September 2023.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
______________________
President, Board of Trustees
ATTEST:
_______________________
Clerk, Board of Trustees
Attachment:
-Exhibit A: Notice of Exemption for the Willows High School Agricultural Facility Project 3737
Notice of Exemption
To: Glenn County Clerk-Recorder From: Willows Unified School District 516 West Sycamore Street
Willows, CA 95988
823 West Laurel Street
Willows, CA 95988
Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
If Courier Service or Hand Delivery: 1400
Tenth Street
Sacramento, CA 95814
Project Title: Willows High School Agricultural Facility Project Project Location - Specific: Willow High School, 203 N. Murdock Avenue, Willows, CA 95988 Project Location - City: Willows Project Location - County: Glenn Description of Nature, Purpose, and Beneficiaries of Project: The Willows High School Agricultural Facility Project (“Project”) at the Willow Unified School District’s (“District”) existing high school campus includes the construction of an approximately 3,500 square foot barn building furthering the District’s agricultural instruction and related programs/pathways. The Project will include space for an animal exercise yard, an animal washing area, an attached teaching facility, and path of travel upgrades to the Project to accommodate students and staff’s access to the facility.
Name of Public Agency Approving Project: Willows Unified School District Name of Agency Carrying Out Project: Willows Unified School District Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 1: Sec. 15301; Class 3: Sec. 15303; Class 11: Sec. 15311; and Class 14: Section 15314.
Statutory Exemptions. State code number:
Reasons Why Project Is Exempt: Class 1: Operation, repair, maintenance or minor alterations to existing public facilities, topographical features, and utilities involving no or negligible expansion of use.
Class 3: Small new facilities, reasonable utility extensions, and accessory improvements. Class 11:
Construction, placement of minor structures, accessory to existing facilities. Class 14: Minor additions to facilities within existing grounds.
District Contact Person: Emmett Koerperich
Superintendent
Telephone: 530 934-6600
Signature:
Date:
3838
RESOLUTION NO. 23-24 - 04 Page 1 of 2
RESOLUTION OF THE BOARD OF TRUSTEES OF THE WILLOWS
UNIFIED SCHOOL DISTRICT EXEMPTING THE WILLOWS HIGH SCHOOL SITE
AND AGRICULTURAL FACILITY PROJECT FROM LOCAL CITY ZONING AND BUILDING
ORDINANCES AND REGULATIONS
WILLOWS UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 2023-24-04
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE WILLOWS UNIFIED SCHOOL DISTRICT EXEMPTING THE WILLOWS HIGH
SCHOOL SITE AND AGRICULTURAL FACILITY PROJECT FROM LOCAL CITY ZONING
AND BUILDING ORDINANCES AND REGULATIONS
WHEREAS, Willows Unified School District (“District”) is a California public school district duly organized and validly existing under the laws of the State of California, and is located within the boundaries of the City of Willows (“City”); WHEREAS, District currently owns real property, located at 203 N. Murdock Avenue, Willows, California (“Property”), which is currently the site of the Willow High School campus, (“School Site”);
WHEREAS, District proposes to construct an agricultural facility comprised of a 3,500 square foot barn space with an animal exercise yard and an animal washing area, an attached teaching facility, and path of travel upgrades to the School Site (collectively, “Project”); WHEREAS, Government Code section 53094 authorizes the District, by a vote of twothirds of the members of its Board of Trustees, to render City zoning ordinances inapplicable to the School Site and Project when used for educational purposes; WHEREAS, the proposed Project and future use of the School Site serve educational purposes by providing practical instruction in agriculture for the District’s students.
WHEREAS, the proposed Project and future use of the School Site are further subject to State of California approvals, including construction design review by the Division of the State Architect (“DSA”); and
WHEREAS, District has balanced the interests of the public, including those of the City and the District, and determined that the interests of the public are best served by commencing and completing the Project on the School Site under DSA review.
NOW, THEREFORE, the Board of Trustees of the Willows Unified School District hereby resolves, determines, and finds the following:
Section 1. That the foregoing recitals are true.
Section 2. That pursuant to Government Code section 53094, the District hereby does exempt itself from, and renders inapplicable to the Project and School Site, any zoning ordinances and regulations of the City of Willows, including, without limitation, the City’s Code of Ordinances, the City’s General Plan, and any related City ordinances or regulations that otherwise would be applicable to the District, Project, and/or School Site, except for any ordinances regulating drainage improvements and conditions, road improvements and conditions, or grading plan review and approval as set forth in Government Code section 53097.
3939
RESOLUTION NO. 23-24 - 04 Page 2 of 2
RESOLUTION OF THE BOARD OF TRUSTEES OF THE WILLOWS
UNIFIED SCHOOL DISTRICT EXEMPTING THE WILLOWS HIGH SCHOOL SITE
AND AGRICULTURAL FACILITY PROJECT FROM LOCAL CITY ZONING AND BUILDING
ORDINANCES AND REGULATIONS
Section 3. That the Superintendent of the District, or designee, is directed to give written notice to City of Willows as required by Government Code section 53094 within ten (10) days of this action and is authorized to take all further action necessary to carry out, give effect to, and comply with the terms and intent of this Resolution.
APPROVED, PASSED, AND ADOPTED by the Board of Trustees of the Willows Unified School District on this __ day of September 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Jeromy Geiger
President of the Board of Trustees
Attested to:
Lourdes Ruiz
Clerk of the Board of Trustees
4040
Agenda Item #7g.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: Marti Brown, City Manager
Subject: Lease of City Owned Property
Recommendation:
Authorize City Manager, or her designee, to solicit bids to lease real city owned property for agricultural purposes located at the City of Willows Wastewater Treatment Plant Site.
Rationale for Recommendation:
The City’s current lease with the lessee expires on November 30, 2023. The City historically solicits open bids at the end of every lease term.
Background:
Since 2018, the City of Willows has leased 58.1 acres of farmland to Roy Holzapfel for the sole purpose of “planting, growing, and harvesting of agricultural crops.” The land is located adjacent to the Southeasterly corner of the city limits (i.e., SW ¼ of S. 15, Township 19N., Range 3W., M.D.B.& M., County of Glenn, State of California, City of Willows Wastewater Treatment Plan Site).
In 2008, the Lease was modified to extend the term of the agreement to five-year increments.
The current lease agreement will expire on November 30, 2023.
Discussion & Analysis:
Since the last lease agreement was executed, the following two new issues related to the City owned property have developed:
First, the City has the opportunity to enter into a Solar Power Purchase Agreement with Trinary Capital (which is currently being negotiated) in an effort to divert the electrical costs of operating the Wastewater Treatment Plant. To that end, approximately 1.5 acres of this same city property is needed to build a new solar array. Therefore, staff recommends reducing the 4141
leasable land from 58.1 acres to no less than 55 acres in order to use a small percentage of the acreage for the solar array project with Trinary Capital.
Second, because of the Council’s interest in exploring other development opportunities for South Willows, staff recommends shortening the lease agreement to three years rather than the previous five year time frame.
Concurrently (and before the close of bids), city staff should conduct analysis of the current market for the lease of agricultural land (especially rice) to ensure the City is receiving fair market value for the lease of city-owned property.
Should these recommendations be approved by the Council, bids based on these two new criteria would be solicited through October 2023 with an anticipated award of bid at a regular City Council meeting before the end of the calendar year. A new lease would commence January 1, 2024, with an anticipated termination of December 31, 2026.
Fiscal Impact:
This past fiscal year, the City of Willows received $26,145 for its land lease agreement. These lease fees contribute directly to the General Fund and will benefit the City as it continues to seek increased revenue to balance the budget.
Attachment:
Attachment 1: Map of City Leased Land
4242
Current Area Leased for
Agriculture
Proposed 1.5 Acres for
Solar Farm
Attachment 1
4343
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: John Wanger, City Engineer
Marti Brown, City Manager
Subject: Master Fee Schedule Update
Recommendation:
Approve bid award and contract for a comprehensive update to the City’s Master Fee Schedule.
Rationale for Recommendation:
The City’s Master Fee Schedule has not been comprehensively updated in more than a decade.
The City’s fees are considerably below the current market and need to be increased.
Background:
Because the City’s Master Fee Schedule is long overdue for review and increases, staff recommended to the Council as part of the budget process that the City circulate a Request for Proposals (RFP) to hire a qualified consultant to review and recommend changes and potential increases to the City’s fee schedule.
The recommendation was approved and, as a result, City staff circulated a RFP for approximately five weeks seeking bids to update the Schedule for a not-to-exceed amount of $30,000. The City received two qualified bids, one from Willdan for the total amount of $29,710 and one from Witten Resources Management Services for the total amount of $128,840.
Discussion & Analysis:
The City needs to update its outdated and below-market Fee Schedule. It has not been comprehensively updated for several years. For example and with a few exceptions, the City’s Building permit fees have not been updated since 1997. The City’s contract Building Inspector has commented on more than one occasion that even developers and investors have acknowledged to him that the City’s fees are woefully below market and need to be increased.
Agenda Item #7h.
4444
The Council approved 2023-24 fiscal year budget includes $30,000 for this project. The Willdan proposal satisfies the budget requirements and proposed scope of work for this project. Staff recommends authorizing the City Manage to execute a contract with Willdan to update the City’s Master Fee Schedule.
Fiscal Impact:
This project is already budgeted for in the amount of $30,000 in the City’s approved fiscal year 2023-24 budget.
Attachment:
Attachment 1: Willdan Proposal
Attachment 2: Witten Resources Management Services
4545
CITY OF WILLOWS, CA
Master Fee Schedule Update
Attachment 1
4646
Master Fee Schedule Update i
City of Willows, CA RFP 22-2023
Title Page
RFP No: 22-2023
Master Fee Schedule Update
Submitted By:
27368 Via Industria, Suite 200
Temecula, CA 92590
Tel: (951) 587-3500
Fax: (888) 326-6864
Contact Person:
Chris Fisher
Vice President/Director
Email: [email protected] | Tel: (951) 587-3528
September 14, 2023
4747
Master Fee Schedule Update ii
City of Willows, CA RFP 22-2023
Table of Contents
Title Page............................................................................................................................................................................. i 1) Letter of Interest ..................................................................................................................................................... iii 2) Project Understanding and Approach.............................................................................................................1 Project Understanding.....................................................................................................................1 Project Methodologies.....................................................................................................................2 User Fee Study Methodology..........................................................................................................2 Approach for Managing the Project .................................................................................................2 3) Relevant Experience............................................................................................................................................... 5 Firm Profile......................................................................................................................................5 Willdan Financial Services ..............................................................................................................5 Qualifications and Experience.........................................................................................................6 Broad Experience............................................................................................................................6 References......................................................................................................................................7 Similar Studies ..............................................................................................................................10 4) Project Manager / Key Staff................................................................................................................................13 Proposed Project Team.................................................................................................................13 Resumes.......................................................................................................................................13 Chris Fisher...................................................................................................................................14 Tony Thrasher...............................................................................................................................16 Priti Patel ......................................................................................................................................18 Robert Quaid.................................................................................................................................20 Hourly Rates .................................................................................................................................21 5) Proposed Scope of Services ..............................................................................................................................22 Work Plan .....................................................................................................................................22 Comprehensive User Fee Study ...................................................................................................22 City Staff Support..........................................................................................................................25 Project Schedule...........................................................................................................................26 6) Conflict of Interest Statement..........................................................................................................................27 4848
T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com iii 1) Letter of Interest
September 14, 2023
Mr. Amos Hoover
City Clerk
City of Willows
201 North Lassen St
Willows, CA 95988
Re: Proposal to Conduct a Master Fee Schedule Update for the City of Willows Municipalities throughout California are constantly challenged to do more with less. As cities are faced with limited financial resources to address competing priorities and objectives, they still strive to maintain high standards of service to their communities. Processes and staffing often evolve as staff seek efficiencies and more cost-effective service models; or sometimes practices change out of necessity in response to events such as the recent pandemic.
Considering this, it is critical for the City of Willows (“City”) to ensure that its fees for requested services have been developed and updated to reflect current practices, account for the true cost of providing City services, incorporate provision for overhead rates and costs related to indirect support, and ensure maximum appropriate cost recovery, so that the revenues generated by fees cover the cost of those services to the greatest extent possible. City Staff, and ultimately the City Council, need a clear understanding of standards, service levels and the associated costs. Recognizing this, the City has responded by soliciting proposals for a Master Fee Schedule Update.
Willdan Financial Services (“Willdan”) is uniquely qualified to assist the City of Willows with this project, following are specific advantages that Willdan brings to the City for these studies:
Extensive Local Experience with Similar Projects for Northern California Cities — Willdan has worked with cities near Willows, and throughout Northern California, on Cost Allocation and User Fee projects with objectives very similar to those for this study. Our unique local knowledge will help us bring valuable perspective and knowledge of other local cities’ approach to fees and their policies on fee setting and subsidies and assist us in conducting meaningful and efficient fee comparisons to Willows. Recent and ongoing studies include the Cities of Monterey, Hollister, Santa Cruz, Hayward, Belmont, Foster City, Benicia, San Bruno, Napa, Salinas, Watsonville, San Anselmo, Pittsburg, Union City, and Richmond.
Collaborative Approach, Proven Results and User-friendly Models and Reports — Willdan prides itself on working closely with City staff to develop an approach that is targeted toward your specific objectives and reality, and then working together with you to gather first-hand information regarding the processes and tasks required to provide services to those requesting them. This is a distinct advantage we will bring in our approach with the City of Willows. A collaborative approach ensures we clearly understand your goals and challenges, and just as importantly, you understand the process and the results.
We create user-friendly Excel-based models that the City can retain and conduct our analysis and develop the model collaboratively with City staff. Rather than using an inflexible proprietary software program, we construct our models from the ground up, mirroring the City’s budget format wherever possible.
Created directly from the models, our reports clearly and graphically illustrate full and recommended levels of cost recovery and projections of revenue for fee programs, break down the costs into direct and indirect overhead categories, and present the fee methodologies.
Our approach is geared toward delivering work on schedule and presenting results at public meetings and council workshops to stakeholders and elected officials who typically do not want or need to see the deep detailed analysis. The Willdan Team is experienced at communicating complex analytical results in a manner that is easy to understand by non-finance-oriented individuals. We have coordinated or participated in numerous public and staff workshops regarding fees and cost of service-based charges.
Our Cost Allocation methodologies and models
have been reviewed and approved by
Cognizant Agencies such as the US Army and
recently, the US Department of Housing and
Urban Development, providing evidence of our
thorough and defensible approach to the
development of Cost Allocation strategies.
4949
Mr. Amos Hoover, Assistant City Clerk
City of Willows
Proposal to Conduct a Master Fee Schedule Update
September 14, 2023 | Page iv
Unique Combination of Services and Expertise/Public
Engagement — Established in 1988, Willdan is a team of nearly 80 professionals who provide essential financial consulting services throughout California, and the United States. Willdan has provided the requested services to municipal clients for over two decades; and is the only firm providing these types of consulting services that also has a long history of providing contract staff support to public agencies for the delivery of municipal services. This direct experience as “agency staff” provides us with firsthand understanding of City operations and is uniquely useful in determining the full effort associated with service delivery and in developing a fee schedule that is easy to communicate and implement.
Willdan has the availability to dedicate time, personnel, and appropriate levels of resources to this effort, with a commitment to the availability of the firm and all key project staff during the contract period. I, Chris Fisher, will serve as the primary contact person for this proposal; as an officer of the firm, I am authorized to negotiate and bind Willdan Financial Services.
Provided in the table below is my contact information.
Contact Information
Principal-in-Charge
Chris Fisher
Vice President / Director
27368 Via Industria, Suite 200 | Temecula, CA 92590
Tel#: (800) 755-6864 | Email: [email protected]
Sincerely,
Willdan Financial Services
Chris Fisher
Vice President / Director
Willdan will work with the City to create a
new User Fee models that provides the
benefit of a fresh approach and new
perspectives.
5050
Master Fee Schedule Update 1
City of Willows, CA RFP 23-21
2) Project Understanding and Approach
Project Understanding
Willdan Financial Services (“Willdan”) is confident that we can meet the City of Willows’s request for a Master Fee Schedule Update. The overall objective of this project will be to develop an updated schedule of fees for City services that accounts for the true costs of providing these services. Supporting objectives that Willdan will address include:
▪ Conducting interviews with key City staff involved in providing end user services to understand the City’s processes and staffing, which allows Willdan to prepare analysis that Identifies the true and full cost of providing services for which fees are charged;
▪ Reviewing the City’s current fee structures to make sure they reflect current needs of City staff and the community and ensuring that the schedule is updated to include new fees or the removal of obsolete fees; ▪ Identifying the total costs of providing services for which fees are paid; calculating updated fees that reflect the true and full cost of services, comparing those fees with current and projected cost recovery levels, then working with City staff to develop fee-setting recommendations, given appropriate levels of subsidy; ▪ Recommend any new fees for services that are regularly provided, but for which no fee currently exists; ▪ Conducting meaningful comparisons of high visibility fees with similar communities; and ▪ Preparing and presenting a comprehensive report that is easy to understand, and which details each service, its full cost broken down into direct and indirect components, current and recommended fee levels, and revenue impacts.
The end products will include user-friendly Excel-based models, which City staff will retain, and which can be easily updated to add or remove services and/or costs, update budgets in future years, determine the proper allocation of expenditures, and on-going full cost of services provided by the City. Most importantly, we will ensure that the results and recommendations are clear and understandable, defensible, and easily implementable.
We will meet directly with departmental representatives at the City to discuss the approach and process for the study.
Discussions will include ways to combine tasks and efforts among the user fee study components to maximize efficiencies and ensure adherence to specified timelines.
For a successful and effective engagement, it is important to have a thorough understanding of specific City policies and objectives, the structure and organization of the City, and the relationships between the central and operating departments.
We bring years of successful experience working directly with hundreds of cities throughout California.
Willdan possesses the resources, practical experience, creative thinking, and collaborative consulting skills necessary to complete this important project. Key distinct advantages that Willdan brings to the City include the following:
On-site Data Gathering
Our experience has taught us that working together, via face-to-face discussions, is the most efficient and thorough way to ensure that results are accurate, and that studies are completed in a timely manner, which again, is critical in this proposed engagement.
Consequently, through on-site interviews with your staff, Willdan will collect the majority of required data for studies. This method is better than the typical “time and motion surveys” that are provided to agency staff when studies like these are conducted. This process ensures that we gather the data we need in one coordinated step, rather than having to go through repeated follow-up and clarification.
This approach and the dedication of our staff will help ensure we meet the City’s timeline and objectives and provide important information to City staff and the Council as soon as possible.
Public Engagement
Our models and project approach are geared toward delivering our work on schedule and presenting our analysis results at public meetings and Council workshops. While we understand that the City Council and local business community may be generally supportive of increasing fees where necessary, it will be important to present recommendations to them in a way that clearly demonstrates the rationale and supporting analysis.
The Willdan Team is experienced at communicating complex analytical results in a manner that is easy to understand by non-finance-oriented individuals and facilitates discussion. Our proposed principal-in-charge for this engagement has coordinated or participated in numerous public and staff workshops regarding fees and cost of service-based charges.
Rather than a costly and inflexible proprietary
software, which can require expensive licensing
fees, Willdan builds models utilizing Excel, from
the ground up, employing the City’s budget as
the gauge. This model, which is then the City’s
to retain, gives City staff the control to make onthe-fly adjustments and updates. 5151
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As previously mentioned, our objective is to provide useful, detailed information, and present recommendations to the City Council and public in a way that clearly demonstrates the rationale and supporting analysis. Our experience ensures that we can meet this objective.
User-friendly Models and Reports
Willdan prides itself on creating user-friendly Excel-based models that the City can retain and conducting our analysis and developing the models collaboratively with City staff. With City staff’s immediate input and collaboration, Willdan will design extremely flexible, intuitive Excel-based models. In the future, as the City assumes new responsibilities, modifies existing processes, and/or eliminates unnecessary services or programs, the models will be capable of adding or deleting funds, objects, departments, programs, staff positions, and activities. Willdan understands that issues facing the City are unique; consequently, we design our models to match your immediate and desired needs to ensure that end-results exceed staff expectations rather than using an inflexible proprietary software.
These models are then the City’s to retain, after our services are completed, and allows for the creation of revenue projections, highlighting potential new revenues, and levels of subsidy.
A key element of these studies is presenting results and recommendations in a straightforward manner, which allows Council and staff to confidently make fee setting policy decisions and understand the impacts of those decisions. Rather than using an inflexible proprietary software program, we construct our models from the ground up, as previously discussed, mirroring the City’s budget format wherever possible.
As a result, the information contained in our models are easy for City staff to interpret, and the familiar software ensures ease of navigation. As the models are being designed and constructed, we will work together with City staff to determine the best and most effective features to include.
After the project is completed, we will provide training, so that staff can independently and efficiently evaluate the effects of changes in certain factors. Created directly from the models, our reports clearly and graphically illustrate the full cost recovery level of fee programs and provide projections of revenue from fee programs.
Project Methodology
The following describes our proposed approach, and work plan to prepare a Master Fee Schedule Update.
User Fee Study Methodology
To comprehensively update fees, the City should develop a comprehensive user fee schedule that accurately accounts for the true cost of providing services. Once the study is complete, the fee study model must be flexible so that the City can add, delete, and revise fees in the future. To meet this goal, we will bring our expertise and unique perspectives to your fee study by approaching the project with these three principles.
Approach for Managing the Project
Willdan’s “hands-on” supervision of Master Fee Schedule Updates, include the following methods:
▪ Effective Project Management — Principal-in-Charge Chris Fisher will manage the entire project with an eye toward high responsiveness, while ensuring that all stakeholders are “on board” with the direction of the project, as well as with the final results. Mr. Fisher will ensure that regular status updates are provided to City staff, conference calls are scheduled, and that in-person meetings are conducted (as necessary). ▪ Adherence to Time Schedule — Willdan recognizes that the use of “timelines” is highly effective in meeting all required deadlines. To keep the project on schedule, there are several tasks that must be completed in a timely manner.
Therefore, we will present a project timeline at the kick-off meeting that should be closely followed.
Although the establishment of an experienced project team and a detailed project timeline work extremely well in general, Willdan understands that outside influences can create uncontainable situations for everyone involved in the project. In rare circumstances like these, our team quickly adapts to changes, and communicates our recommended schedule adjustments to the City.
Approach in Communicating with the City
Willdan staff is accustomed to interfacing with local government councils, boards, staff, community organizations, and the public in general in a friendly and helpful manner; we are always mindful that we represent the public agency. We are sensitive to the need to deliver a quality product, with the highest level of service and professionalism.
Therefore, as the work on the project progresses, we understand that it will be necessary for our staff to work closely with you and City personnel. To accomplish this, we employ a variety of tools, including monitoring project status and budget costs; and ensuring effective communication through several options that are based on the City’s preferences.
The model will be developed to allow
the City to run “what-if” scenarios to
address possible changes in
staffing levels, working hours, etc.
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Experience with Development Service Processes
A unique aspect of our firm is our relationship with our Engineering Division. For many agencies throughout California and other Western states, this division provides contracted services in planning, engineering, and building and safety. When conducting cost recovery studies, we regularly consult with our engineering and land-development staff of experts on development-related issues. By working with our planners, engineers, and building officials, we understand developmentrelated agency service procedures and workflow functions, which often make the entire user fee study process smoother for your staff.
1) Defensibility
Our user fee projects have not been legally challenged since the inception of this practice area in our firm. We have accomplished this by closely working with legal counsel familiar with user fee studies, our engineering division and with agency staff. In this way, we can tailor the correct approach to ensure full cost recovery combined with a sound and reasonable basis for each user fee you implement.
While Proposition 218 does not directly apply to non-property-related fees, we employ principles from this important constitutional article to make certain that your user fee schedule is developed with fairness, equity, and proportionate cost recovery principles in mind. With the addition of Proposition 26, Willdan will review each analyzed user fee for compliance and appropriateness to ensure continued defensibility.
2) Project and Staff Time
The City must have a sound and technically defensible fee schedule to ensure costs are appropriately recovered, as applicants approach the City for its services. Our standards and approaches serve to get to the issues of your fee study quickly.
Starting with the project kick-off, we will make certain that your staff understands the purpose and scope of the study and its corresponding on-site departmental interview. As Willdan is able to communicate directly with the service providers, this face-to-face interaction provides valuable time estimates. 3) Responsiveness
We take great pride in providing responsive service to our client agencies. Frequent communication is critical to a successful user fee study experience. We will provide a list of data requirements in advance of the project kick-off. Due to this simple step, the introductory meeting can focus on the survey input process, answering questions, determining policy goals, and defining next steps in the project. We will follow up weekly with you at each step in the fee study process to make sure that staff “buys in” to the fee study approach and results
Comprehensive User Fee Study Approach
Our approach to preparing the user fee study and documentation for Willows includes:
▪ Close coordination with your staff to devise a consensus approach. Different programs and/or different service delivery methods will necessitate different approaches.
▪ We will discuss specific pros and cons with City staff as we determine which methods work best for each fee category; ▪ Strict adherence to key legal and policy issues with regard to user fees, including the percent of cost recovery that the City seeks to achieve. A user fee shall not be set higher than the reasonable cost of providing a fee-generating service.
Our approach provides you with a fee schedule that achieves maximum legal cost recovery while ensuring that each fee is supported by technically defensible documentation; and ▪ Technical analysis necessary to ensure State compliance, and to anticipate and resolve potential policy issues using a combination of industry standards as well as City specific methods.
As described below, there are two basic approaches to calculating user fees:
Approach 1: Case Study Method
This is also sometimes referred to as a cost build-up approach. Using a time and materials approach, the “Case Study Method” examines the tasks, steps and City staff involved in providing a particular ‘unit’ of service, such as a permit review, and then uses that information to develop estimates of the actual labor and material costs associated with providing a unit of service to a single user. It is often used when a service is provided on a regular basis, and staff and other costs associated with the service can be segregated from available budget data. 5353
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A typical case study fee model should comprise the following three general cost layers:
1) Central Services Overhead: This category may involve such costs as labor, services, and supplies that benefit more than one department, division, or project. The exact benefits to specific areas are impossible to ascribe to a single activity.
Examples are purchasing, human resources, and liability insurance. As part of the user fee study, these costs are calculated in the overhead cost review.
2) Department Overhead: This category may include expenses related to such items as office supplies, outside consultants, and membership dues. It may include management, supervision, and administrative support that are not provided to a direct fee-generating service. Typically, these items are charged, on an item-by-item basis, directly to the department, division, or project.
3) Personnel Costs: This category refers to direct salary and benefit costs of staff hours spent on providing a fee-generating service (e.g., on-site building inspector).
Approach 2: Average Cost Method
This is also sometimes referred to as a programmatic approach, because it looks at costs at a program level, and then allocates them to participants on an occurrence basis. By taking total service costs across a substantial sample period (a year) and dividing them by the total number of service units delivered over that same period, costs per unit of service is estimated. This approach is useful when services or programs are provided in a more aggregate manner, where it might be difficult to identify a specific sequence of steps associated with one user or participant; or where it is not feasible to cost-effectively segregate costs associated with specific activities.
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3) Relevant Experience
Firm Profile
Willdan Financial Services is an operating division
within Willdan Group, Inc. (WGI), which was founded
in 1964 as an engineering firm working with local
governments. Today, WGI is a publicly traded
company (WLDN). WGI, through its divisions,
provides professional technical and consulting
services that ensure the quality, value and security of our nation’s infrastructure, systems, facilities, and
environment. The firm has pursued two primary
service objectives since its inception—ensuring the
success of its clients and enhancing its surrounding
communities.
A financially stable company, Willdan has over 1,500
employees working in more than a dozen states
across the U.S. Our employees include a number of
nationally recognized Subject Matter Experts for all
areas related to the broadest definition of connected
communities—four of whom are committed to
contribute their expertise throughout the duration
of the City of Willows’s fee study engagement.
Willdan has solved economic, engineering and energy
challenges for local communities and delivered
industry-leading solutions that have transformed
government and commerce. Today, we are leading
our clients into a future accelerated by a change in
resources, infrastructure, technology, regulations, and industry trends.
Willdan Financial Services
Established on June 24, 1988, Willdan Financial Services, is a national firm and is one of the largest public sector economic and financial analysis consulting firms in the United States. Since that time, we have helped over 800 public agencies successfully address a broad range of infrastructure challenges.
Willdan assists local public agencies by providing the following services:
Willdan Financial Services
Services
▪ User fee studies
▪ Cost allocation plan studies
▪ Utility rate and cost of service studies
▪ Real estate economic analysis
▪ Municipal advisory services
▪ District administration services
▪ Property tax audits
▪ Economic development strategic plans
▪ Development impact fee establishment and analysis
▪ Tax increment finance district formation and
amendment
▪ Feasibility studies
▪ Housing development and implementation strategies
▪ Arbitrage and continuing disclosure services
▪ Debt issuance support
▪ Long-term financial plans and cash flow modeling
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Qualifications and Experience
Broad Experience
Willdan Financial Services employs a team of professionals who provide essential financial consulting services throughout the United States. Our direct experience as “agency staff” provides us with firsthand understanding of City operations and is uniquely useful in determining the full effort associated with service delivery and in developing a fee schedule that is easy to communicate and implement.
Willdan has provided user fee study services to municipal clients for 25 years; and has prepared user fee studies, cost allocation plans, and OMB compliant cost allocation plans for clients throughout California, as well as the United States. Willdan’s proven and successful track-record conducting user fee studies and cost allocation plan services for public agencies dates to 1998. Since that time, we have developed the expertise to successfully integrate this service into the Financial Consulting Services group’s primary functions.
Willdan has extensive experience with a range of fee studies and the typical pros, cons, and challenges, both in implementation and management. Willdan will bring its expertise to the City’s process of considering financial, practical, and policy issues in deciding on its future fee program. Our record of success within the industry provides assurance of the professionalism and capability we will bring to this engagement.
Extensive Public Sector Experience
Willdan has delivered industry-leading financial, energy and engineering solutions that have transformed government and commerce for 59 years. Willdan Financial Services advises governments throughout the United States and abroad about financial and economic consulting. We serve all levels of government and collaborate with government staff, constituents, developers, officials, and other professional services firms.
Experienced Team
Our employees know and understand the problems facing local government under the current economic climate, and we have oriented our practice to support an agency’s modified budget policies and public service priorities.
Project Dedication
Willdan has assembled a project team of four (4) subject matter experts within the Financial Consulting Services group, to conduct the City of Willows Fee Study engagement. This team has coordinated or participated in numerous public stakeholder and staff workshops regarding fees and cost of service-based charges.
Community Investment
Much of our success in developing impactful programs and studies is due to our experiences in meeting with citizen / stakeholder groups and elected officials. Our ability to explain technical information in a concise, understandable manner is a fundamental reason for our high degree of success. Willdan staff takes the time to include and inform the Community.
Financial Stability
Willdan Group, Inc. (WGI) has sustained a healthy financial performance record due to the outstanding performance of our operating divisions and a strong, dependable reputation in municipal consulting. Detailed financial statements and annual reports are included on our webpage (http://ir.willdangroup.com/).
As a publicly traded company (WLDN), Willdan must provide public financial information as required by the SEC. Furthermore, Willdan Financial Services is not currently involved in any condition (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede our ability to complete this engagement.
Financial Stability
▪ In business for 59 years
▪ Over 1,500 employees
▪ Fiscal Year 2022 Consolidated
Contract Revenue of $429M
▪ Market capitalization of $231M
(January 2023)
▪ $50 million Line of Credit with the
ability to increase up to $60 million
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References
Below are recent project descriptions, including client contact information, that are similar in nature to those requested by the City of Willows. We are proud of our reputation for customer service and encourage you to contact these clients regarding our commitment to completing the projects within budget and agreed upon timelines.
City of Napa, CA
Full Cost Allocation Plan and Comprehensive User Fee Study Willdan was engaged to prepare for the City of Napa a Cost Allocation Plan and Comprehensive User Fee Study. Willdan developed a cost allocation plan and model that fully allocated central overhead costs to appropriate operating departments, funds, and/or programs. Our primary objective for the cost allocation study was to ensure that general government costs are fairly and equitably allocated to appropriate programs and funds, based on tailored and well thought out allocation factors.
Willdan reviewed and analyzed existing user fee programs, and based upon conversations with staff, and through knowledge of typical fees charged by cities for services, updated department fee schedules. The full CAP was incorporated into the full cost calculations for all City user fee services. The comprehensive user fee study phase was completed with staff interviews being conducted on site, and a comprehensive fee model developed, incorporating the industry standards as well as cost recovery policies of the City.
Client Contact: Jessie Gooch, Finance Analyst
955 School Street, Napa, CA 94559
Tel #: (760) 744-1050, ext. 3123 | Email: [email protected] Project Dates: December 2019 - April 2021 Original Project Fees: $33,875 City of Hayward, CA
Full Overhead Cost Allocation Plan, OMB A-87 Cost Allocation Plan, and Comprehensive Master User Fee Study Willdan completed a full overhead cost allocation plan and OMB A-87 cost allocation plan, along with a comprehensive master user fee study for the City of Hayward. The Willdan team worked with City staff to gather the necessary data to develop the cost allocation model. The City had a complicated and detailed budget and the cost allocation plan that Willdan developed is tailored to their structure and includes provisions for several Internal Service Funds. Willdan staff worked through the course of reorganizing staff functions and/or reducing staff, it was important to revisit the manner and methodology by which indirect overhead costs were distributed to the operating departments and, as appropriate, other chargeable funds and programs. The City needed a new cost allocation plan that would ensure the fair and equitable allocation of government expenses to appropriate departments, programs, and funds, while utilizing tailored and well thought out allocation factors.
Furthermore, Willdan updated many of its user fee programs, and the information developed during the cost allocation plan served as the basis for the study.
Through competitive bid, Willdan was re-selected to conduct a comprehensive user fee study and cost allocation plan.
Client Contact: Dustin Claussen, Assistant City Manager 777 B Street, 3rd Floor, Hayward, CA 94541
Tel. #: (510) 583-4010 | Email: [email protected] Project Dates: March 2013 - Ongoing Original Project Fees: $49,265 5757
Master Fee Schedule Update 8
City of Willows, CA RFP 23-21
City of Petaluma, CA
Overhead Cost Allocation Plan and OMB Circular A-87 Plan, User Fee Study, CIP Rate Analysis, and Hourly Overhead Rates
Willdan provided an Overhead Cost Allocation Plan and OMB Circular A-87 Plan, User Fee Study, CIP Rate Analysis, and Hourly Overhead Rates to the City of Petaluma. After reviewing the City’s 2014 Master Fee Schedule, we developed an Overhead Cost Allocation Study, which is OMB A-87 compliant, and a User Fee Study that accurately accounted for the true cost of providing various services within and to each City operation, including capital projects. As part of this effort, we also developed fully burdened hourly rates for City employees that can be used for work orders, or to charge to specific activities. This included an analysis of administrative and overhead costs associated with activities that are delivered directly to the public, where hourly rates may be charged, to ensure appropriate recovery of costs. Willdan completed these studies concurrently, in a manner that fully identifies and takes into account direct and indirect costs, along with changes in staffing, structure, and methods of service delivery.
Since the completion of the original study, Willdan has been selected to complete annual updates of the Cost Allocation Plan. We have also provided selected updates for the User Fees.
Client Contact: Corey Garberolio, Finance Director
11 English Street, Petaluma, CA 94952
Tel. #: (707) 778-4352 | Email: [email protected] Project Dates: January 2014 - Ongoing Original Project Fees: $39,875 City of Pittsburg, CA
Citywide User Fee Study and Cost Allocation Plan Update The City of Pittsburg sought an outside consultant to update their cost allocation plan, as well as a comprehensive study of the City’s user fees. Willdan completed these studies in a manner that would fully identify and take into account all direct/indirect costs. Our primary objective for the cost allocation study update was to ensure that general government costs are fairly and equitably allocated to appropriate programs and funds, based on tailored and well thought out allocation factors. The Cost Allocation Plan was also created to develop OMB compliant overhead allocations and indirect rates.
Willdan reviewed and analyzed existing user fee programs, and based upon conversations with staff, made suggestions, as necessary, for fees that may need to be added to the City’s fee schedule for which fees were not currently being charged. We developed a cost-of-service analysis and model that updated existing fees and incorporated new fees, and used it to create an updated comprehensive fee schedule.
Willdan finalized the model, and completed a draft report, which after comment and review, was updated to reflect feedback received from City staff. The report, which explained the background, approach, data gathering and model development processes, and provided narrative interpretation of the results, was then finalized and presented to the City Council.
The City recently contracted with Willdan to assist with an update to the Cost Allocation Plan and calculation of fully burdened rates.
Client Contact: Margie Padua, Finance Division Manager
65 Civic Avenue, Pittsburg, CA 94565
Tel. #: (925) 252-4918 | Email: [email protected] Project Dates: September 2013 – January 2015 Original Project Fees: $35,100 5858
Master Fee Schedule Update 9
City of Willows, CA RFP 23-21
City of Pismo Beach, CA
Full Cost Allocation Plan, Comprehensive User Fee Study & Development Impact Fee Study The City of Pismo Beach was seeking an outside consultant to complete a review and update of their current cost allocation plan and the preparation of a comprehensive user fee study for the development of its master list of fees. Our primary objective for the cost allocation study was to ensure that general government costs were fairly and equitably allocated to appropriate programs and funds, which are based on tailored and well thought out allocation factors.
For the Fee Study, the primary objective was to ensure that fees for requested services were calculated to account for the full cost of providing the services, and set appropriately, given City policy and financial objectives.
The cost allocation plan is complete, and Willdan is utilizing the final report to conduct the comprehensive user fee study at this time.
Client Contact: Nadia Feeser, Administrative Services Director 760 Mattie Road, Pismo Beach, CA 93449
Tel. #: (408) 779-7237 | Email: [email protected]
Project Dates: August 2022 – Ongoing Original Project Fees: $33,870 5959
Master Fee Schedule Update 10
City of Willows, CA RFP 23-21
Similar Studies
Listed below, is an abbreviated list of the public agencies in which similar services are currently in progress, or have been completed, in the previous five years by the project team included within this submission.
Willdan Financial Services
Five Year User Fee Study Experience
Client Project Description
City of Amarillo, TX Cost Allocation Plan
City of Arcadia, CA Cost Allocation Plan and Comprehensive User Fee Study City of Arroyo Grande, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of Aurora, CO Cost Allocation Plan and Comprehensive User Fee Study City of Barstow, CA Cost Allocation Plan
City of Bedford, TX Cost Allocation Plan
City of Belmont, CA Development Services User Fee Study City of Bellflower, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of Benicia, CA Cost Allocation Plan and Comprehensive User Fee Study City of Blythe, CA Cost Allocation Plan and Comprehensive User Fee Study City of Brighton, CO Cost Allocation Plan
City of Burbank, CA Comprehensive User Fee Study
City of Canyon Lake, CA Comprehensive User Fee Study
City of Chino, CA Comprehensive User Fee Study, Cost Allocation Plan and Indirect Cost Rate Studies
City of Chino Hills, CA Cost Allocation Plan and Comprehensive User Fee Study, and Updates City of Claremont, CA Cost Allocation Plan and User Fee Study City of Clermont, FL Building & Safety Department User Fee Study City of Coalinga, CA User Fee and Rate Study
City of Colton, CA User Fee Study
City of Commerce City, CO Comprehensive User Fee Study and Development Impact Fee Study City of Coppell, TX Full Cost Allocation Plan
City of Cudahy, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of DeSoto, TX Comprehensive User Fee Study
City of Dinuba, CA Cost Allocation Plan & User Fee Study City of El Cerrito, CA Cost Allocation Plan and Community Development Department User Fee Study
City of El Monte, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of Eastvale, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study
City of Encinitas, CA Development Services User Fee Study and Cost Allocation Plan City of Escondido, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study
City of Fillmore, CA Cost Allocation Plan, OMB Compliant Plan, and User Fee Study City of Foster City, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study City of Fountain Hills, AZ Comprehensive User Fee Study City of Fontana, CA Cost Allocation Plan, OMB Compliant Plan, and User Fee Study City of Fullerton, CA Community Development Department User Fee Study and Fire Department User Fee Study
City of Galt, CA Cost Allocation Plan and OMB Compliant Plan City of Georgetown, TX Cost Allocation Plan
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Willdan Financial Services
Five Year User Fee Study Experience
Client Project Description
City of Gilroy, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study
City of Goleta, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study
City of Hayward, CA Comprehensive Master User Fee Study, Full Cost Allocation Plan, and updates, and Rental Inspection Program Fee Analysis
City of Hollister, CA User Fee Study
City of Indian Wells, CA Comprehensive User Fee Study
City of Irvine, CA Overhead Cost Allocation, OMB Compliant Plan, Comprehensive User Fee Study and Building & Safety Fee Update City of Irwindale, CA Cost Allocation Plan, User Fee Study and Development Impact Fee Study City of Kingsburg, CA Cost Allocation Plan
City of La Puente, CA Cost Allocation Plan, OMB Compliant Plan, and User Fee Study City of Lake Elsinore, CA User Fee Study and Cost Allocation Plan and Updates City of Lindsay, CA Cost Allocation Plan, User Fee Study, and Impact Fee Analysis City of Lomita, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Analysis
City of Los Alamitos, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study
City of Los Altos, CA Cost Allocation Study, OMB Compliant Plan, and Comprehensive User Fee Study
City of Los Angeles, CA Building & Safety User Fee Study City of Los Banos, CA Full Cost Allocation Study, OMB Compliant Plan, and Comprehensive User Fee Study
City of Lynwood, CA User Fee Study and Cost Allocation Plan, and Updates City of McFarland, CA Cost Allocation Plan and Utility Rate Study City of Manteca, CA Cost Allocation Plan and Comprehensive User Fee Study City of Mesquite, TX Cost Allocation Plan and OMB Compliant Plan City of Mission Viejo, CA Comprehensive User Fee Study and Cost Allocation Plan, and Updates City of Missouri City, TX Full and OMB Compliant Cost Allocation Plan and User Fee Study City of Montebello, CA Cost Allocation Plan and User Fee Study City of Monterey Park, CA Cost Allocation Plan and User Fee Study, and Updates City of Monterey, CA Cost Allocation Plan and Indirect Cost Rate City of Murrieta, CA Comprehensive User Fee Study, Cost Allocation Plan, and OMB Compliant Plan and Updates
City of Napa, CA Comprehensive User Fee Study, Full Cost Allocation Plan, and OMB Compliant Plan
City of National City, CA Cost Allocation Plan, OMB Compliant Cost Allocation Plan, User Fee Study, and ISF Allocation Study
City of Oroville, CA Cost Allocation Plan and Updates
City of Oviedo, FL Cost Allocation Plan
City of Palm Desert, CA Cost Allocation Plan and Comprehensive User Fee Study City of Patterson, CA Comprehensive User Fee Study, Full Cost Allocation Plan, and OMB Compliant Plan
City of Petaluma, CA Cost Allocation Plan, User Fee Study, CIP Admin Rate & Work Order Rate Analysis, Hourly Overhead Rates, and ISF Allocation Study, and Updates City of Pismo Beach, CA Cost Allocation Plan, OMB Compliant Plan, and User Fee Study City of Pittsburg, CA User Fee Study and Cost Allocation Plan City of Pomona, CA Master Fee Schedule Update and Development Impact Fee Review City of Rocklin, CA User Fee Study
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Willdan Financial Services
Five Year User Fee Study Experience
Client Project Description
City of Richmond, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of Rosemead, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of St. Helena, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of Salinas, CA Full Cost Allocation Plan and Comprehensive Fee Study City of San Bruno, CA Comprehensive User Fee Study, Cost Allocation Plan, and OMB Compliant Plan
City of San Dimas Cost Allocation Plan and Comprehensive User Fee Study City of San Fernando, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study, and Updates
City of San Jacinto, CA Cost Allocation Plan, OMB Compliant Plan, User Fee Study and Development Impact Fee Study
City of San Luis, AZ Cost Allocation Plan
City of San Marcos, CA Cost Allocation Plan, Indirect Cost Rate Studies and Comprehensive Citywide User Fee Study
City of Santa Ana, CA User Fee Study
City of Santa Cruz, CA Citywide Overhead Cost Allocation Plan, Santa Cruz Library Cost Allocation Plan, and Fleet and Facility Services Cost Allocation Plan
City of Signal Hill, CA Comprehensive User Fee Study, Cost Allocation Plan, and OMB Compliant Plan
City of Soledad, CA User Fee Study
City of Stanton, CA Comprehensive User Fee Study, Cost Allocation Plan, and OMB Compliant Plan
City of Tamarac, FL Building & Safety Department User Fee Study City of Tulare, CA Comprehensive User Fee and Rate Study, Full Cost Allocation Plan, and OMB Compliant Plan
City of Tustin, CA Comprehensive User Fee Study
City of Twentynine Palms, CA Comprehensive User Fee Study, Full Cost Allocation Plan, and OMB Compliant Plan
City of Upland, CA Cost Allocation Plan and Comprehensive User Fee Study City of Watsonville, CA Comprehensive User Fee and Rate Study, Cost Allocation Plan, and OMB Compliant Plan, and Updates
City of West Hollywood, CA Cost Allocation Plan and User Fee Study City of West Sacramento, CA Cost Allocation Plan, OMB Compliant Plan, and Comprehensive User Fee Study
City of Yucaipa, CA Comprehensive User Fee and Rate Study, Full Cost Allocation Plan, and OMB Compliant Plan
County of Mono, CA Comprehensive User Fee Study
County of Placer, CA Land Development Fee Study
County of San Benito, CA Comprehensive User Fee Study and Development Impact Fee Study Housing Authority of the
City of Alameda, CA Cost Allocation Plan and Updates
Housing Authority of the County of
San Bernardino, CA Cost Allocation Plan and Updates
Town of Apple Valley, CA Cost Allocation Plan
Town of Paradise Valley, AZ Master User Fee Study
Town of San Anselmo, CA Full Cost Allocation Plan and Comprehensive User Fee Study Town of Sunnyvale, TX Comprehensive User Fee Study
Town of Yucca Valley, CA Comprehensive User Fee Study
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4) Project Manager / Key Staff
Proposed Project Team
Our management and supervision of the project team is very simple: staff every position with experienced, capable personnel in sufficient numbers to deliver a superior product to the City, on time and on budget. With that philosophy in mind, we have selected experienced professionals for this engagement. We are confident that our team possesses the depth of experience that will successfully fulfill your desired work performance.
City of Willows Project Team
Key Team Member Project Role Responsibility to the Engagement Chris Fisher
Vice President/Director
Principal-in-Charge
▪ Ensure client satisfaction, flow of communication, and oversight of the project
▪ Technical guidance;
▪ Project oversight;
▪ Quality assurance & control; and
▪ Meeting and presentation attendance.
Tony Thrasher
Principal Consultant
Project Manager
▪ Task oversight;
▪ Model development;
▪ Produce key elements of the analyses;
▪ Responsible for project deliverables;
▪ Report preparation and evaluation; and
▪ Meeting and presentation attendance.
Priti Patel
Senior Financial Analyst
Financial Analyst
▪ Collect, interpret, and disseminate key data;
▪ Assistance with model development;
▪ Report preparation; and
▪ Meeting and presentation attendance.
Robert Quaid
Principal Consultant
Technical Advisor ▪ Third party reviewer; and
▪ Report evaluation
Staff Continuity
Mr. Fisher has been assigned to serve as the City’s representative; he has been selected for this role due to his extensive experience, which includes the preparation and supervision of numerous fee studies, as well as his experience presenting to governing bodies, stakeholders, and industry groups.
Resumes
Resumes for our project team are provided on the following pages.
The team presented within this proposal has worked
collectively on numerous projects, such as the one
requested by the City of Willows; an established
work practice between the team members has been
forged, this proven long-standing system has
benefited our clients.
It is important to note that Mr. Fisher has
been with Willdan for more than 24
years, ensuring the City of Willows of
continuity and dedication in staffing
during the completion of the project.
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Education
San Francisco State
University, Bachelor
of Science, Finance
Areas of Expertise
Cost of Service
Analyses
Multi-disciplinary
Team Management
Special District
Formations
Client Presentations
Proposition 218
Affiliations
California Society of
Municipal Finance
Officers
Municipal
Management
Association of
Northern California
California Municipal
Treasurers
Association
24 Years’ Experience
Chris Fisher
Principal-in-Charge
Mr. Chris Fisher, Vice President / Director of Willdan’s Financial Consulting Services group, will serve as Principal-in-Charge for the City of Willows project. He will also share his extensive knowledge related to cost-of-service principles with members of the project team.
Mr. Fisher joined Willdan in April of 1999, and during that time has managed an array of financial consulting projects for public agencies in California, Colorado, Texas, Arizona, and Florida, coordinating the activities of resources within Willdan, as well as those from other firms working on these projects. He is one of the firm’s leading experts for special district financing related to public infrastructure, maintenance, and services, including public safety.
Related Experience
City of Hayward, CA — Cost Allocation Plan and User Fee Study: Mr. Fisher served as the project manager for the City’s full overhead cost allocation plan and OMB A-87 cost allocation plan, along with a comprehensive master user fee study. He worked with the City and Willdan staff to gather the necessary data and is overseeing Willdan’s development of the cost allocation model.
The City has a complicated and detailed budget and the cost allocation plan that Willdan developed is tailored to their structure and includes provision for several Internal Service Funds.
City of Union City, CA — Comprehensive Fee and Rate Study & Overhead Cost Allocation Plan: Mr. Fisher served as the principal-in-charge for the City’s fee study. He oversaw the development of an overhead cost allocation plan, OMB compliant cost allocation plan, as well as a comprehensive user fee study.
City of Petaluma, CA — Overhead Cost Allocation Plan and OMB Circular Plan, User Fee Study, CIP Rate Analysis, and Hourly Overhead Rate Study: Mr. Fisher served as project manager for the project team and provided oversight for this thorough and intensive study for the City of Petaluma. The City has hired Willdan for multiple updates since we completed the original study.
City of Belmont, CA — Master Fee Study and Cost Allocation Refinement: Mr. Fisher served as the project manager for Willdan’s work with the City of Belmont and the Belmont Fire Protection District’s fee study. Willdan completed a Master Fee Study and an analysis and review of the existing Cost Allocation Plan for the City of Belmont, and a Fee and Rate Study for the Belmont Fire Protection District.
City of Pittsburg, CA — Cost Allocation Plan and User Fee Study: Mr. Fisher provided policy guidance and quality assurance to the City’s update and development of a comprehensive user fee study for the development of a master user fee and rate schedule and a cost allocation plan to recover overhead costs related to central service activities.
City of Irvine, CA — OMB Cost Allocation Plan and Comprehensive User Fee Study: Willdan completed a cost allocation plan and user fee study for the City of Irvine. Mr. Fisher managed and provided quality assurance to this project, ensuring the accuracy of the models, as well as the final reports. He also presented the results to the City’s Finance Commission and to the City Council.
City of Pomona, CA – Master Fee Schedule Update: Mr. Fisher was the principal-in-charge for the City’s master fee schedule update and update of the development impact fees. Mr. Fisher provided quality control and served as the primary contact with the City.
City of Laguna Hills, CA — Comprehensive Cost Allocation Plan and Comprehensive User Fee Study: Mr. Fisher oversaw the update of the City’s general overhead allocation plan and costof-service user fees.
City of West Covina, CA — Comprehensive Cost Allocation Plan and User Fee Study:
Mr. Fisher served in the role of project manager for the City’s engagement. The cost allocation plan developed will aid the City in the recovery of overhead costs related to central service activities. 6464
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City of Palm Desert, CA — Cost Allocation Plan and Comprehensive User Fee Study:
Mr. Fisher is the principal-in-charge for the ongoing full cost allocation plan and user fee study. Willdan’s work includes the gathering of necessary data and information, interviews with City Staff to identify overhead support services and how they are used and interviews to gather information related to feebased services. We are also developing financial models to calculate overhead allocations and personnel rates and the full cost of services for which fees are charged. We are working with Staff to finalize cost recovery targets, prepare reports and present the results.
City of Murrieta, CA — Cost Allocation & OMB Compliant Plan and Comprehensive User Fee Study: Mr. Fisher served as the project manager on the City’s fee study. The primary objective for the cost allocation study was to ensure that general government costs were fairly and equitably allocated to appropriate programs and funds. The City recently re-engaged Willdan to conduct an update to both studies.
City of Signal Hill, CA — Cost Allocation Plan and User Fee Study: As principal-in-charge, Mr. Fisher oversaw the development and review of a Full and OMB compliant cost allocation study and a comprehensive user fee and rate study for the City’s master list of fees.
City of Indian Wells, CA — User Fee Study: Mr. Fisher was the principal-in-charge for the City’s user fee study for the Administrative, Building, Planning and Public Works Departments. Our team gathered and confirmed data, met with City Staff to discuss the City’s overhead support structure and how operating activities use and benefit from overhead support services. We conducted interviews to gather information related to fee-based services to be used in calculating the full cost of providing services.
We developed financial models to calculate overhead allocations and the full cost of services and worked with Staff to develop fee-setting recommendations. We prepared reports and presented the results and met with the development community to address their questions about the study’s methodology and results.
City of National City, CA — Cost Allocation Plan, OMB Compliant Cost Allocation Plan, User Fee Study, and ISF Allocation Study: Mr. Fisher served as the principal-in-charge for the City of National City’s Cost Allocation Plan, OMB Compliant Cost Allocation Plan, User Fee, and ISF Allocation Study.
City of DeSoto, TX — User Fee Study: Mr. Fisher served as the principal-in-charge for City’s Comprehensive User Fee Study.
City of Missouri City, TX — Comprehensive User Fee Study and Cost Allocation Plan: Mr. Fisher served as the principal-in-charge for the City’s User Fee Study and Cost Allocation Plan.
City of Mesquite, TX — Cost Allocation Plan: Mr. Fisher served as the principal-in-charge for the City’s Cost Allocation Plan study.
C. Fisher
Resume Continued
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Education
Bachelor of Science
in Economics;
California State
Polytechnic University,
Pomona
Areas of Expertise
Cost Allocation Plans
Fiscal Analysis for
User Fees and Rates
District Administration
Services
Utility Rate Studies
14 Years’ Experience
Tony Thrasher
Project Manager
Due to his cost allocation and user fee analyses experience, Mr. Tony Thrasher has been selected to serve as Project Manager for the City’s engagement. Mr. Thrasher is a Principal Consultant within the Financial Consulting Services group, whereby his responsibilities include managing projects and conducting fiscal analyses for cost allocation plans, user fees, and utility rate studies.
Mr. Thrasher’s prior employment was as a financial analyst working in bond, equity, and mortgagebacked security markets for Wells Fargo Bank, Bank of New York Mellon, and Deutsche Bank. His experience includes portfolio accounting, differential analysis, and forecasting.
Related Experience
City of Richmond, CA — Cost Allocation Plan & User Fee Study: Mr. Thrasher is serving as the project manager for the City of Richmond’s fee study.
City of Hayward, CA — Cost Allocation Plan and User Fee Study: For this project, Mr. Thrasher provided analytical support, and was largely responsible for the development of the models.
Primary duties include gathering and verifying necessary data, finalizing model figures, and generating reports.
City of Petaluma, CA — Overhead Cost Allocation Plan and OMB Circular Plan, User Fee Study, CIP Rate Analysis, and Hourly Overhead Rate Study: Mr. Thrasher provided analytical support for this engagement. His primary duties were to work with City staff to gather data, provide assistance to the project manager, and produce reports.
City of Salinas, CA — Full Cost Allocation Plan and Comprehensive Fee Study: Mr. Thrasher provided analytical support for the City of Salinas OMB A-87-compliant full cost allocation plan and comprehensive fee study engagement. He worked closely with City staff to gather and analyze data to produce reports, participated in multiple meetings, and assisted the City appointed Project Manager in the adoption of the new fees.
City of Monterey, CA — Cost Allocation Plan: Mr. Thrasher is the technical project manager for the City of Monterey Cost Allocation Plan engagement and updates. He is assisting in the development of the City’s general overhead allocation plan, whereby he applies his expertise on alternative allocation methods.
City of Santa Cruz, CA – Cost Allocation Plan Update and Fully Burdened Hourly Rate Study:
Mr. Thrasher is serving as the project manager for the City of Santa Cruz’s engagement; this is an ongoing study.
City of Mission Viejo, CA — Cost Allocation Plan and User Fee Study: Mr. Thrasher was assigned to work with the City on this project, providing analytical support, gathering data, working with staff to make refinements, and developing cost allocation and fee models to ensure full-cost recovery for building and safety, planning, community development, and public works departments.
City of Irvine, CA — OMB Cost Allocation Plan and Comprehensive User Fee Study: Serving as the project’s analyst, Mr. Thrasher provided analytical support; and designed micro-level allocation models to ensure full-cost recovery for public safety, public works, community development, community services, and administrative departments.
City of Chino Hills, CA — Cost Allocation Plan and Comprehensive User Fee Study:
Mr. Thrasher is the technical project manager for the City’s Cost Allocation Plan and Comprehensive User Fee Study. He is working directly with the City contact throughout the engagement.
City of Pomona, CA – Master Fee Schedule Update: Mr. Thrasher served as the project manager for the master fee schedule update portion of the City of Pomona’s engagement, which also included an update of the development impact fees. Mr. Thrasher was responsible for development of models and reports and coordinating analytical support.
City of San Fernando, CA — Cost Allocation Plan and Comprehensive User Fee Study:
Mr. Thrasher was the project manager for the City’s cost allocation plan, OMB compliant plan and comprehensive user fee study engagement. Willdan has recently, through competitive bid, been re-selected to update the cost allocation plan.
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City of Indian Wells, CA — User Fee Study: Mr. Thrasher served as the technical project manager for the City’s Administrative, Building, Planning and Public Works Departments. The study involved the identification of existing and potential new fees, fee schedule restructuring, data collection and analysis, orientation and consultation, quality control, communication and presentations, and calculation of individual service costs cost recovery levels.
City of Palm Desert, CA — Cost Allocation Plan and Comprehensive User Fee Study:
Mr. Thrasher is currently serving as the technical project manager for the City’s full cost allocation plan and user fee study. He is directly responsible for the creation of both models for the study, gathering and verification of the data, managing the analysts working to support him and presenting results to the City.
City of San Marcos, CA — Cost Allocation Plan, Indirect Cost Rate Proposals and Comprehensive User Fee Study: Mr. Thrasher is the project manager for the City of San Marcos’ full and OMB compliant cost allocation plan, preparation of Indirect Cost Rate proposals, and Comprehensive User Fee Study engagement. He is the primary in developing the model, which contains all City personnel and expenditures broken down into the ICRP tables. The project is ongoing, and the User Fee Study is now underway.
City of Mesquite, TX — Cost Allocation Plan: Mr. Thrasher was the technical project manager for City’s Cost Allocation Study. He was directly involved in the preparation of the model and reports, and in the delivery of results to the City.
City of Missouri City, TX — Comprehensive User Fee Study and Cost Allocation Plan:
As the technical project manager for City’s Fee Study, Mr. Thrasher oversaw two analysts and was heavily involved in the analysis, development of models, preparation of reports and delivery or results.
City of DeSoto, TX — User Fee Study: Mr. Thrasher served as the technical project manager for City’s Comprehensive User Fee Study. He led the collection and validation of data, development of model and report. He met with City Staff to understand their structure, processes, and costs, and presented results to both Staff and elected officials.
Town of Sunnyvale, TX — User Fee Study: Mr. Thrasher served as the Technical Project Manager for the Town of Sunnyvale User Fee Study engagement. Full cost calculations were developed for each fee analyzed in the user fee study. The report included the methodology and suggested fees for the fees the Town wished to analyze.
City of Surprise, AZ — Cost Allocation Plan: Mr. Thrasher served as the technical project manager for the 2017 Cost Allocation Plan to identify the City’s costs related to rendering internal central support services, and the allocation of those costs to operating departments.
Kentuckiana Works, KY — Cost Allocation Plan: Mr. Thrasher served as the technical project manager for Kentuckiana Works Cost Allocation Plan.
T. Thrasher
Resume Continued
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Education
Bachelor of Arts;
Business
Management,
Information Systems
and
International Business,
University of Cincinnati
Areas of Expertise
Cost Allocation Plans
User Fee Studies
Proposition 218
10 Years’ Experience
Priti Patel
Analytical Support
Ms. Priti Patel is a Senior Analyst within the Financial Consulting Services group, whereby she supports project managers in conducting utility rate analyses, fee studies, cost allocation plans, monitoring Proposition 218 compliance, and forming special districts.
Coordinating and conducting activities associated with Cost Allocation Plans and User Fee Studies, including database integration and manipulation, revenue and expenditure analyses, and documentation preparation are just some of Ms. Patel’s duties. With these duties, she interacts with clients on a regular basis.
Ms. Patel joined Willdan as an analyst with the District Administration Group, while with DAS she performed research and analysis needed for local government financial issues related to district administration, including document data entry and updating, database management, research and report preparation. She also provided general information on questions pertaining to Assessment Districts and special taxes (such as Mello-Roos Pools), as well as the status of property delinquencies.
Related Experience
City of Richmond, CA — Cost Allocation Plan & User Fee Study: Ms. Patel is the financial analyst on the City of Richmond’s ongoing User Fee Study and Cost Allocation Plan. She is assisting the project manager with gathering and validation of data, development of the models and related analysis, staff interviews and preparation of reports and presentations.
City of Pittsburg, CA — Cost Allocation Plan and User Fee Study: Ms. Patel was assigned to provide aid to senior project team members on the City of Pittsburg Cost Allocation Plan and User Fee Study engagement. She will be a technical lead for the gathering of data, creation of the models and preparation of study reports and presentations. The City hired Willdan for the original study, and for two subsequent updates.
City of Dinuba, CA — Cost Allocation Plan Update and Utility Rate Study: Ms. Patel assisted with a utility rate study and a cost allocation plan update for the City. Duties included reviewing relevant documentation, gathering information related to indirect staffing and functions, assisting in the preparation of a comprehensive draft cost allocation model and plan, and testing and reviewing the model and results with project management staff.
City of Monterey, CA — Cost Allocation Plan: Ms. Patel is serving as the financial analyst for the City of Monterey Cost Allocation Plan and updates. In this role she is responsible for obtaining updated information and data, reviewing overhead structure and functions, and preparing the updated model and report.
City of Chino Hills, CA — Cost Allocation Plan and Comprehensive User Fee Study: Providing analytical support in the preparation of a cost allocation plan and comprehensive fee study, Ms.
Patel worked to identify and consider direct and indirect costs, along with changes in staffing, structure, and service delivery methods. She is also assisting in the preparation of user-friendly Excel-based models that City staff can easily update in the future to determine the proper allocation of expenditures and ongoing full cost of City-provided services.
City of Laguna Hills, CA — Cost Allocation Plan and Comprehensive User Fee Study:
Ms. Patel provided analytical support in the preparation of a full cost allocation plan and comprehensive fee study for the development of a master list of fees.
City of Fillmore, CA — Full Cost Allocation Plan and User Fee Study: Ms. Patel helped develop a cost allocation plan and model that fully allocated central overhead costs to appropriate operating departments, funds, and/or programs. She assisted in the completion of the model and report and worked directly with senior staff to their feedback and revisions.
City of San Fernando, CA — Cost Allocation Plan and Comprehensive User Fee Study:
Ms. Patel provided support to senior team members in the preparation of the cost allocation plan, OMB compliant plan and comprehensive user fee study engagement. 6868
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City of National City, CA — Cost Allocation Plan, OMB Compliant Cost Allocation Plan, User Fee Study, and ISF Allocation Study: Ms. Patel provided analytical support in the preparation of this study, her primary duties included development of the models, finalizing model figures and results, and generating reports.
City of Lake Elsinore, CA — User Fee Study and Cost Allocation Plan: Ms. Patel provided analytical support and gathered budget and allocation basis data for this engagement.
City of Yucaipa, CA — Cost Allocation Plan and Comprehensive User Fee Study: Provided analytical support in the preparation of a Cost Allocation Plan and OMB compliant cost allocation plan and comprehensive fee study for the development of a master list of fees. Ms. Patel worked to identify and consider direct and indirect costs, along with changes in staffing, structure, and service delivery methods. She also assisted in the preparation of user-friendly Excel-based models that City staff could easily update in the future to determine the proper allocation of expenditures and ongoing full cost of City-provided services.
Rainbow Municipal Water District, CA — Cost Allocation Plan and OMB Compliant Plan:
Ms. Patel provided analytical support to ensure that the District’s Cost Allocation Plan and OMB compliant cost allocation model and plan fairly allocated general and administrative overhead service costs to appropriate activities and departments.
City of Aurora, CO — Cost Allocation & OMB Compliant Plan and Comprehensive User Fee Study: Ms. Patel is serving as the lead financial analyst for the City’s ongoing cost allocation and comprehensive user fee study.
City of Bedford, TX — Cost Allocation Plan: Ms. Patel is serving as the analyst assigned to the City’s ongoing Cost Allocation Plan study.
City of DeSoto, TX — User Fee Study: Ms. Patel served as the senior financial analyst for City’s Comprehensive User Fee Study.
City of Missouri City, TX — Comprehensive User Fee Study and Cost Allocation Plan: Ms.
Patel provided analytical support in the preparation of a full cost allocation plan and comprehensive fee study.
City of Tamarac, FL — User Fee Study: Ms. Patel is the assigned financial analyst on the City of Tamarac Comprehensive Building and Safety User Fee Study. She is providing direct support in the completion of financial analysis, gathering and verification of data and information, preparation of documentation and clarifications and follow-up questions.
City of Clermont, FL – User Fee Study: Ms. Patel is serving as the financial analyst for City’s Comprehensive Fee Study.
Kentuckiana Works, KY — Cost Allocation Plan: Ms. Patel was the financial analyst assigned to the Kentuckiana Works Cost Allocation Plan engagement.
P. Patel
Resume Continued
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Education
Bachelor of Science,
University of Southern
California
Areas of Expertise
Fiscal Analysis for User
Fees and Rates
Cost Allocation Plans
Acquisition Audit
Services
Statutory Financial
Reporting
Fund Audits
Quality Review of
Community Facilities,
Lighting & Landscaping,
and Assessment
Districts
Affiliations
California Society of
Municipal Finance
Officers
California Society
of CPAs
40 Years’ Experience
Robert Quaid
Quality Assurance/Technical Advisor
With his 35 years of extensive experience in public financing, Mr. Robert Quaid has been selected to provide quality assurance/quality control in the role of technical advisor. In his position as a Principal Consultant at Willdan, Mr. Quaid provides project management, procedural support, technical support, and quality review for Willdan’s District Administration group, as well as the Financial Services Consulting group specific to cost allocation plans, user fee studies, and special financial analysis.
Prior to joining Willdan, Mr. Quaid worked in the private industry of real estate accounting and finance. He began his career with the public accounting firm formerly known as Haskins & Sells (currently known as “Deloitte & Touche”). His experience includes financial statement analyses, asset administration, computer conversion, and reporting to the Securities and Exchange Commission for several public real estate partnerships. In 1979, Mr. Quaid became a licensed California CPA.
Related Experience
Cities of Fontana, Gardena and Hawthorne, CA — Cost Allocation Plan Projects: For each of these cities, Mr. Quaid served in the role of task manager for the development of an OMB A-87 compliant cost allocation plan model using Microsoft Excel. He was responsible for the preparation of the cost allocation plan report and trained City staff on how to use the cost allocation model.
City of Rialto, CA — Comprehensive User Fee Study: Project manager for the Comprehensive User Fee Study to develop a user fee model in Microsoft Excel and update fees for Planning, Engineering, Building, Public Works, Recreation, Police, Fire, City Clerk, Treasurer and Finance.
City of Cathedral City, CA — Comprehensive User Fee Study: Mr. Quaid served as project manager for a user fee study that required updating fees for Planning, Engineering, Building, Police, Fire, City Clerk, and Finance.
Mr. Quaid has provided Quality Assurance and Quality Control to multiple clients. Provided below are a few examples of clients in which services have been provided in the previous three years. ▪ City of Arcadia, CA
▪ City of Aurora, CO
▪ City of Cerritos, CA
▪ City of Claremont, CA
▪ City of Coalinga, CA
▪ City of DeSoto, TX
▪ City of El Cerrito, CA
▪ City of Fillmore, CA
▪ City of Galt, CA
▪ City of Hayward, CA
▪ City of Indian Wells, CA
▪ City of Missouri City, TX
▪ City of Monterey, CA
▪ City of Petaluma, CA
▪ City of Pomona, CA
▪ City of Richmond, CA
▪ City of Rocklin, CA
▪ City of St. Helena, CA
▪ County of San Benito, CA
▪ City of San Bruno, CA
▪ City of Salinas, CA
▪ City of Union City, CA
▪ City of Watsonville, CA
▪ City of Yucaipa, CA
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Hourly Rates
Additional services may be authorized in writing by the City and will be billed at our then current hourly consulting rates. Our current hourly rates are identified in the table below.
Willdan Hourly Rate Schedule
Position Team Member Hourly Rate
Vice President - Director Chris Fisher $250
Principal Consultant Tony Thrasher
Bob Quaid $210
Senior Analyst Priti Patel $125
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5) Proposed Scope of Services
Work Plan
Our proposed work plan, described in detail by task, are provided below. We explain how each task will be accomplished and identify associated meetings and deliverables. We will work in concert with the City to adjust scope as needed during the course of the studies.
Comprehensive User Fee Study
Task 1: Initial Document Request
Objective: Initial due diligence; obtain study-related data.
Description: Prior to the kick-off meeting, we will obtain and review relevant documentation to further enhance our understanding of the services, fees, and rates to be studied. A written request for data will be sent to the City. Please note that Time Survey data is not part of this request and will be gathered during the on-site interviews described in Task 5.
We will request information and documentation on current fees and fee programs, activity levels, and budget and staffing information (to the extent not already available) related specifically to programs and activities which have associated fees, and for which the City has this level of detail.
Deliverables: Willdan: Submit information request to City.
City: Provide requested data to Willdan (prior to Task 3, Kick-off Meeting/Refine Scope). We will follow up with the City to confirm receipt of requested data and information and highlight data elements that are outstanding.
Task 2: Compile Inventory of Current and Potential Fees Objective: Willdan will identify a schedule of fees and methodology for calculating the fees.
Description: Based on the results of the initial document request and independent research, incorporate into our model the existing fees, provided by the City, to comprise the parameters of the fee study.
Meetings: It is possible that a conference call with the City may be necessary to discuss new fees to implement or existing fees that may no longer be required.
Deliverables: Willdan: One (1) draft list of current fees based on initial data provided (to be discussed and finalized during the kick-off call).
City: Review completed fee schedule with comments/revisions to be discussed during the kick-off meeting.
Task 3: Kick-off Conference Call / Refine Scope
Objective: Confirm goals and objectives for the User Fee Study. Identify and discuss policy issues typically raised by a User Fee Study, address gaps in data, and refine appropriate existing or new fee categories (based on Task 2).
Description: Verify our understanding of the City’s goals, the City’s cost-recovery policy for user fees, and to fill any gaps in data/information necessary for the project. It is important for the City and Willdan to identify and address any foreseeable problems and maintain open communication throughout the process.
During this call, we will ask that the City identify a project manager who will serve as the primary contact for the project. The project manager shall have responsibility for ensuring that all available data is provided in a timely manner, thereby maintaining adherence to the project’s schedule.
Meetings: One (1) project kick-off call to initiate the entire project, discuss data needs, and address policy issues.
Deliverables: Willdan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy decisions (if needed).
City: 1) Provide further data needs; and 2) determine/introduce City’s project manager.
Task 4: Develop User Fee Model, Incorporate Overhead Factors Objective: Develop and test model.
Description: This task involves the development of the model ultimately used to calculate the departmental fees, based on data and information gathered in previous tasks and in the Time Survey Interviews described in Task 5.
To ensure that City policies are met through the imposition of the calculated fees, the model will be formatted to include appropriate costs.
Key model inputs will include staff and allocated overhead costs per position, and relevant budget data on salaries and benefits.
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Most of this information will be developed during the cost allocation plan phase of this project and will be incorporated directly into the user fee model. We will request clarification and/or additional data if necessary.
Since this proposed engagement doesn’t include the completion of a separate Cost Allocation Plan, we will coordinate with City Staff to utilize overhead cost percentages available from City sources or develop an approach that incorporates supportable assumptions for overhead cost burdens. This information will be used to build up the Fully-Burdened Hourly Rates that will be used to calculate the cost of Staff time included in delivering services. This is an important provision so that fees and billable rate schedules reflect the cost burden of overhead support functions within the City, and ultimately result in a true full cost of services.
Furthermore, the fees and rates charged to customers will also reflect the cost of the services being provided, to the extent possible given policy and/or political considerations.
Deliverables: Willdan: One (1) user-friendly model in Microsoft Excel format, which, when finalized, City staff can use to calculate fee changes annually, or as often as deemed appropriate by the City Council.
Task 5: Staff Interviews and On-site Information Gathering Objective: Meet with City staff to complete Time Surveys and understand service delivery processes.
Description: In order to assist staff with the completion of the survey worksheets, we will schedule up to one (1) business day of meetings with staff; however, the number of meetings needed may vary depending on the number of staff and departments involved.
The Willdan Team will conduct interviews with supervisors/managers, as well as other staff, as deemed appropriate and/or necessary, from each department involved in the user fee study to determine the average time required by City staff to provide each of the services for which a fee is collected.
The fee model is designed so that full cost recovery fees are calculated immediately upon input of staff time. These full costs are also compared to current cost recovery levels.
This will allow Willdan and City staff to conclude with a final meeting to review the draft full cost recovery fees and adjust any times as necessary once all information has been compiled and input into the fee model. We will schedule the interviews with staff to minimize any disruption to their normal workflow.
Meetings: One (1) business day of meetings/staff interviews. Depending upon circumstances and availability, we may discuss the option with City Staff of conducting these meetings via WebEx or Zoom. Over the past three years, since the beginning of the pandemic, we have used these tools very successfully and found them to be highly effective and efficient, particularly for follow-up questions and/or discussions.
Deliverables: Willdan and City: Time surveys and draft full cost recovery fees.
Task 6: Data Analysis and Final User Fee Schedule
Objective: Incorporate information obtained from on-site surveys to fully develop model.
Description: We will update the model, based on information received during the on-site surveys, to generate a comprehensive user fee schedule. In addition, it is very common that a supplemental data request may be necessary, based on new fees identified that the City is not currently collecting.
Where appropriate, we will suggest and discuss with staff alternate approaches to existing fee programs (i.e., building fees) and suggest potential areas where fees could be collected where they are not currently.
We will calculate and present the full cost recovery level for fees, both current and projected under the new fees, and revenue projections, given certain assumptions about the levels of subsidy for different fees.
Current levels of cost recovery will be compared to actual full costs calculated during the course of this study. Cost will be calculated at reasonable activity levels and include all appropriate direct and indirect costs and overhead. We will review fee programs for compliance with Propositions 218 and 26.
In developing the fee schedules for each division, we will make recommendations for new fees where appropriate, based on our experience with other cities. Some areas for new fees may be due to changes in law (legalized cannabis), or for activities that the City finds itself performing regularly, but for which no fee is collected.
Where possible, we will incorporate discussion of the City’s economic development policies, and where these may intersect with fee programs, for instance setting fees in a manner that encourages certain activities.
The user fee data analysis and model development may take about four (4) weeks with frequent correspondence with City staff to discuss current cost recovery amounts, necessary to recover full cost and frequency activity.
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Meetings: Online meetings and phone calls as necessary, to gather additional input, complete analysis and finalize fee schedule.
Deliverables: Final user fee model for City Council presentation and discussion.
Task 7: Common Fees Comparison
Objective: Examine selected user fees charged by up to five (5) comparable cities in Glenn County or other jurisdictions that are close in proximity or similar to the City of Willows.
Description: We will access and use our knowledge of other jurisdictions to benchmark the City’s five (5) most common visible fees or highest yielding fees with comparable jurisdictions.
Fee schedules are rarely readily or directly comparable from agency to agency due to definitional and operational differences. For example, a grading permit in one jurisdiction may include the plan check service, while the same permit in another jurisdiction may not, resulting in similar sounding services with widely varying costs. For this reason, Willdan takes a selection of the City’s most commonly used and/or highest yielding fees.
The survey will contain the following, a comparison of common or similar fees and charges used by the City and other jurisdictions; current and proposed fees and charges unique to the City of Willows; fees and charges used by other public entities not currently used in the City; and If possible, identify characteristics and processes unique to the City that account for significant variances in fees and charges used by other jurisdictions.
Deliverables: Willdan: Recommendations provided in Task 8 will incorporate the data gathered during our examination.
Task 8: Prepare and Present Draft Report
Objective: Prepare draft report.
Description: This task involves the preparation of the draft report that discusses the study’s background, the methodologies utilized in the study, and the results and presentation to various stakeholder groups. As noted below, meetings may occur during this or the next task as appropriate. The calculations used to generate the user fee study will be included textually, as well as in easy to understand tables. Individual fee summaries by department and a comprehensive fee schedule will be included. The draft report will include the following:
▪ Key results and findings;
▪ Basic descriptions of each service;
▪ The full cost of each service at lowest reasonable activity level and current cost recovery levels; ▪ Costs broken down graphically into indirect and direct components, with a graphic display of the level of cost recovery;
▪ Fee recommendations with associate levels of cost recovery; ▪ Projections of potential fee revenue;
▪ Assessment of reasonableness of each City’s costs;
▪ Review of reasonableness of current consultant cost structure (for Building Division services); ▪ As appropriate, recommend alternative methodologies for building permit fee calculation; and Summary and recommendations.
▪ The objective of the report is to communicate the recommendation of appropriate fees, which include the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic.
Meetings: One (1) conference call with City staff, to present draft results address questions and receive feedback.
Deliverables: Willdan: Draft report for City review and comment.
City: Review of draft report, with comments and edits.
Task 9: Revise Draft Report/Determine Cost Recovery Levels for Recommended Adoption Objective: Review of draft report and fee model.
Description: The goal of this task is to conduct an in-depth review of the draft report and model, incorporate feedback and changes as a result of previous discussions, and arrive at an optimum fee structure.
Often through the course of an engagement, City staff will volunteer insightful likes and dislikes regarding the existing fee structure. We listen to this feedback carefully because your staff members know the community best. Comments usually revolve around issues of:
7474
Master Fee Schedule Update 25
City of Willows, CA RFP 23-21
▪ Understandability;
▪ Fairness to applicants;
▪ Ease of calculation;
▪ Appropriate levels of cost recovery; and
▪ Full cost recovery hourly rates.
When adjusting fee recovery levels, we believe it is important to address these concerns.
Following one (1) round of comments from City staff on the draft report and feedback from City staff, we will prepare the final report for presentation to the City Council.
Meetings: One (1) online demonstration (WebEx) to review the report and model, with any revisions.
Deliverables: Draft report, revised draft /final report.
Task 10: Prepare and Present Final Report/Instruct Staff on Model Objective: Prepare and present final report to City Council. Instruct staff on the operation and use of the model for future modifications.
Description: This task is the culmination of the entire project. Based on staff comments received regarding the draft report, we will prepare the final report for presentation.
Meetings: One (1) meeting with City Council to present the results and adopt the updated fee schedule. We will also provide staff training on the operation and use of the model on the same day, during regular business hours.
Deliverables: Provide (1) electronic PDF file copy of the final report and models; and provide three (3) bound copies, to the City. Using Microsoft Word and Excel, an updateable electronic copy of the study and models, as well as related schedules, will also be provided on CD.
City Staff Support
To complete our tasks, we will need the cooperation of City staff. We suggest that the City of Willows assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City’s project manager will:
1) Coordinate responses to requests for information;
2) Coordinate review of work products; and
3) Help resolve policy issues.
Willdan will endeavor to minimize the impact on City staff in the completion of this project. We will ask for responses to initial information requests in a timely manner. If there are delays on the part of the City, we will contact the City’s project manager to steer the project back on track. We will keep the City’s project manager informed of data or feedback we need to keep the project on schedule.
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Master Fee Schedule Update 26
City of Willows, CA RFP 23-21
Project Schedule
Willdan understands time is of the essence for the City to begin this engagement. These schedules can only be met with the cooperation of City staff. Delays in responding to our requests for data and review will result in corresponding delays to the project schedules. If that is the case, we will notify the City immediately of the possible impact on the schedule. 7676
Master Fee Schedule Update 27
City of Willows, CA RFP 23-21
6) Conflict of Interest Statement
Willdan Financial Services is aware of and complies with the conflict-of-interest rules included in the California Political Reform Act, and Section 1090 et Seq. of the Government Code. Furthermore, Willdan is not aware of any actual, apparent, direct, or potential conflicts of interest that would arise from any work performed by us that would impair or impede our ability to perform objectively for the City of Willows.
7777
27368 Via Industria, Suite 200
Temecula, CA 92590-4856
951.587.3500 | 800.755.6864 | Fax: 951.587.3510
www.willdan.com
7878
T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com A September 14, 2023
Mr. Amos Hoover
City Clerk
City of Willows
201 North Lassen St
Willows, CA 95988
Re: Cost Proposal to Conduct a Master Fee Schedule Update for the City of Willows Dear Mr. Hoover,
Willdan Financial Services (“Willdan”) is pleased to present the following cost proposal to the City of Willows (“City”) to conduct a Master Fee Schedule Update Study.
This submission reflects our understanding of the City’s Request for Proposal (RFP).
Willdan is excited about this opportunity to serve the City of Willows. To discuss any aspect of our technical and/or cost proposal, please contact me directly at (951) 587-3528 or via e-mail at [email protected].
Sincerely,
WILLDAN FINANCIAL SERVICES
Chris Fisher
Vice President / Director
7979
Master Fee Schedule Update 1
City of Willows, CA RFP 23-21
7) Cost Proposal
a) Total All-Inclusive Not to Exceed Maximum Price:
Willdan proposes a not-to-exceed fixed fee of $29,710 to conduct the Master Fee Schedule Update on the City’s behalf.
The tables below provide a breakdown of the fee to complete each study by task and project team member. b) Component Costs
c) Rates for Additional Professional Services
Additional services may be authorized in writing by the City and will be billed at our then current hourly consulting rates. Our current hourly rates are identified in the table below.
Willdan Hourly Rate Schedule
Position Team Member Hourly Rate
Vice President - Director Chris Fisher $250
Managing Principal $240
Principal Consultant Tony Thrasher
Bob Quaid $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst Priti Patel $125
Analyst II $110
8080
Master Fee Schedule Update 2
City of Willows, CA RFP 23-21
Notes:
▪ Our fee includes all direct expenses associated with the project. ▪ We will invoice the City monthly based on percentage of project completed. ▪ Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.
▪ City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan’s rates in effect at the time of such response.
▪ The cost of preparing the user fee study can be included in the resulting new fee schedule. Therefore, over time, the City can recover the initial outlay of funds that was required to complete the studies. ▪ Willdan will rely on the validity and accuracy of the City’s data and documentation to complete the analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy and will not be responsible for any errors that result from inaccurate data provided by the client or a third party. 8181
September 9th
, 2023
Proposal Response for Request for Proposal
City of Willows
Master Fee Schedule Update
Respondent:
Company Name: Witen Resource Management Services
Staff: Kim Witen, Owner, Resource Specialist
Address:
41302 Avenue 11
Madera, CA 93636
Phone: 559-416-6667
Email: [email protected]
Website: www.witenresourcemgmt.com
Attachment 2
8282
Witen Resource Management Services
Proposal for City of Willows
Master Fee Schedule Update
Table of Contents
Leter of Interest ………………………………………………………………………………………….3
Firm’s Background & Organiza�on …………………………………………………………...4 Most Recent Projects/Tasks ……………………………………………………………………..4 References …………………………………………………………………………….……………………..4
Previous/Current Workload …………………………………………………..………………….5 Firm’s Ability to Provide Services …………………………………………………….……..6 Needs from the City ………………………………………………………..………………………7
Deliverables………………………………………………………….………………………………………..7
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I, Kim Witen, Owner of Witen Resource Management Services fully understand the scope details outline in the City of Willows RFP for a Master Fee Schedule Update to include the evalua�on of all cost of services provided by the city, examining the rela�onship between the cost of services and current fees, recommenda�on on upda�ng all fees and charges for services and possible addi�onal fees. You have our company’s commitment and interest to perform the work within the stated �me and to complete the work needed presented in the scope. While our firm takes on more than one project at a �me, you have our dedica�on and availability to the City of Willows for this master fee update review and update.
Witen Resource Management Services has an educa�onal background in business administra�on and accoun�ng. Addi�onally, our firm has 5 years in grant management, 5 years in rate structure, 10 years working with coun�es and the state and 15 years in audi�ng services including budgets, general ledgers, financials, fees, reports, and overall demographics. Our firm also has 15 years in accoun�ng services (including budgets and fee structure), 15 years in administra�ve and human resource services, 10 years in repor�ng processes and 10 years in data analysis and configura�on.
Witen Resource Management takes pride in the me�culous ways we conduct our administra�ve services. Our company’s goal is to provide the best service to our cons�tuents and to con�nue to provide quality and efficient outcomes.
If you have any further ques�ons, please feel free to contact me at (559)416-6667 or email me at [email protected].
Kim Witen, Owner
Witen Resource Management
8484
Firm’s Background & Organiza�on
Persons authorized to execute this proposal:
Kim Witen, Owner, Resource Specialist
Witen Resource Management Services was founded in 2023 with 1 employee, Kim Witen, Owner. This company specializes in business management, database management, data analysis, audi�ng & accoun�ng, repor�ng and resource specialist ac�vi�es. This company’s local office is located at the residence of Kim Witen.
There will not be any use of subcontractors for this proposal.
Witen Resource Management Services or Kim Witen have not had any financial, business, or other rela�onship with the City that could have an impact on the outcome of this contract. Nor has our firm had any financial, business, or other rela�onship with any other city or county that would reflect nega�vely on our work or standing as a business.
Most Recent Recruitment Projects & Tasks:
Madera County Water & Natural Resources:
Types of rate studies/structures tasks performed:
• Assis�ng in crea�on of a new rate study for groundwater sustainability agency fees and groundwater sustainability project fees.
• Atending board mee�ngs regarding rate study presenta�on, board feedback, altera�on to current rate study analysis and reissuance of rate study for board approval. • Implemen�ng rate approved rate structures each year to fees for collec�on. • Assis�ng in a 218 process for rate study fees.
• Assis�ng in analysis for rate study structure and research and development for all aspects to be included in rate study and fee projec�on.
• Outreach during and a�er rate study fee research, approval, and implementa�on.
References:
• Stephanie Anagnoson, Director of Water & Natural Resources 559-662-8015 [email protected]
• Dexter Marr, Deputy Director of Environmental Health
559-675-7823 [email protected]
• Annete Kephart, Senior Planner Planning Division
559-675-7821 [email protected]
8585
Previous/Current workload:
Madera County Water & Natural Resource – Water Resource Specialist III (2018- Current) • Assis�ng in overall rate study for groundwater sustainability administra�on and projects including analysis, research, 218 process, outreach, and implementa�on. • Assis�ng in Human Resource related ac�vi�es including specialized posi�on crea�on, recruitment, interview process, and training.
• Assist in crea�ng and building the ini�al budget for Groundwater Sustainability Agency including fee genera�on and analysis of professional services needed for agency compliance including budget forecas�ng and job posi�on funding.
• Perform ini�al database set up, research and analysis of public informa�on pertaining to the agency.
• Con�nuous audit analysis and maintenance of public informa�on pertaining to the agency and its database, updates performed as needed (including changes, addi�ons, or dele�ons). • Compile reports for public pertaining to fees and alloca�ons from the Groundwater Sustainability Agency.
• Audit of alloca�ons compared to other outside repor�ng systems as necessary for compliance. • Generate penalty fees and generate mock invoices for future billing in accordance with the Madera County penalty guidelines.
• Supply annual change requests as needed and annually for overall changes made to the database systems within Madera County or outside correspondence. • Generate mock monthly and annual alloca�on reports necessary in accordance with the Madera County resolu�ons for the Groundwater Sustainability Agency. • Assists and reviews in con�nued annual department budget and revenue and provides necessary feedback or recommenda�ons to staff for future needs of department. • Data analysis of previous alloca�on data and relevance for future endeavors or programs needs of department.
• Audit fee structure, data sets and other so�ware inputs and provides necessary feedback or recommenda�ons to staff for future needs of department. • Generates detailed reports or correspondence of analysis for cons�tuents.
Madera County Environmental Health – Administra�ve Analyst II (2014- 2018) • Assist in Human Resource related ac�vi�es including interviews and training. • Maintain accoun�ng and financial transac�ons and records for mul�ple general ledger accounts including accounts payable and receivable.
• Par�cipate in budget and controlling expenditures, budget forecas�ng and job posi�on funding, audi�ng records and funds, monitoring mul�ple accounts on an annual basis. • Generate reports for public en��es or cons�tuents for public service requests. • Maintain database for public en��es or cons�tuents for compliance. • Audit mul�ple general ledgers for accuracy and compliance with Madera County and provide feedback about needs for department as applicable.
8686
Firm’s Ability to Provide Services:
Kim Witen, Resource Specialist, will be the sole staff performing the tasks outlined in the scope. See the above sec�on in technical abili�es and experience for background. These tasks will be self-supervised with periodic check-ins and updates to the City of Willows as progress is made.
If awarded, I will perform the outlined tasks to complete the scope of work detailed in the RFP on pages 5 – 6.
Scope of Work
Task 1. Prepara�on & Mee�ngs
- Meet with staff to refine project scope, purpose, uses and goals of the City’s master fee schedule to ensure the update will be accurate and appropriate to the needs of the city. - Review project schedules and answer any ques�ons pertaining to the success of the study. - Meet with staff to gather informa�on as needed to understand the city’s processes and opera�ons.
Task 2. Research & Analysis
- Review the city’s exis�ng fees, rates, and charges.
- Iden�fy the total cost of providing each service at the appropriate ac�vity level consistent with applicable laws.
- Compare service costs with exis�ng recovery levels and with fee schedules of ci�es in Glenn and Colusa Coun�es including other Northern California ci�es of similar size and demographics to Willows. - Research and analysis of any other needs from the city of Willows that is beneficial to this fee update.
Task 3. Rate Study & Fees Report
- Recommend poten�al new fees and charges for services the city currently provides but does not have any fees established.
- Recommend appropriate fees and charges based on analysis together with the appropriate subsidy percentage of those fees where full cost recovery may be unrealis�c. - Prepare a report that iden�fies each fee service, full cost, recommended and current cost recovery levels.
- Prepare a report that iden�fies the present fees, recommended fees, percentage change, cost recovery, revenue impact and fee comparison with Glenn County and Colusa County and other Northern California Ci�es.
- Report on other maters that come to the consultant’s aten�on during the evalua�on. - Provide a computer-based model in Microso� excel for adjus�ng these fees and charges for the city’s current and future needs and provide an electronic copy of the final Master Fee Schedule Update that can be edited and updated by the city.
- Prepare and deliver a presenta�on to the City Council to explain and facilitate their understanding of the plan and its implica�ons for the city and make any necessary adjustments as requested. - Prepare a final report and provide 3 bound copies and a PDF file of the Master Fee Schedule Update made available to City Staff and council.
- Consult with City staff should it be necessary to defend the City’s Master Fee Schedule Update because of any legal or other challenges.
8787
Needs from the City of Willows:
- Access to most up to date fees and services being provided by the city. - Poten�al contacts for Glenn and Colusa Coun�es.
- Access to any other documenta�on the city will provide to enhance the success of this fee update. **Timeline for scope of work is included with the cost proposal** Witen Resource Management shall comply with the California Labor Code Pursuant to regula�ons en�tled: Federal Labor Standards Provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the minimum Wage Ordinance respec�vely. I shall comply with the terms and condi�ons of the City’s Professional Services Agreement as Provided.
Witen Resource Management does not have any past, current, or pending li�ga�on resul�ng from professional services rendered over the past 5 years.
Deliverables:
• Technical memorandum of �meline of services.
• Mee�ng notes from all mee�ngs with our firm and the City of Willows. • Progress check ins by email throughout the process.
• Dra� report to iden�fy the present fees, recommended fees, percentage change, cost recovery percentage, revenue impact and fee comparison with other coun�es like Willows, including Glenn and Colusa County.
• Final Report iden�fying the present fees, recommended fees, percentage change, cost recovery percentage, revenue impact and fee comparison with other coun�es like Willows, including Glenn and Colusa County.
• Dra� report, if applicable, on any maters that come to our aten�on during the evalua�on that the city should consider.
• Final report, if applicable, on any maters that come to our aten�on during the evalua�on that the city should consider.
• A computer-based model in Microso� Excel for adjus�ng fees and charges for current and future needs of the city.
• Electronic copy of the final master fee schedule update that can be edited by city staff to accommodate changes.
• Dra� Presenta�on for city Council.
• Final Presenta�on for City Council.
• Final report provided in 3 bound copies and a PDF version of the master fee update made available to the City.
8888
Kim Witten, Resource Specialist
Phone: 559-416-6667
Email: [email protected]
Proposed Timeline Schedule & Costs
City of Willows
Master Fee Schedule Update
Please see below for the proposed �meline schedule and cost of our services.
Billing & Payment Expecta�ons: Invoices will be submited to the City of Willows at the beginning of each month for payment within 30 days of the date of the invoice. Deposit payment would be preferred but also can accept checks from the City of Willows.
Our �meline schedule and costs are averaged on a monthly schedule. Depending on the task associated with the fee update process, hours may vary month to month compared to the atached schedule.
However, the schedule is the maximum tenta�ve hours needed and will not exceed the overall hour objec�ve and may also be completed prior to the atached schedule.
Any addi�onal services needed outside of the current scope will require an amendment to the contract with a new scope of services and costs. General rates are (Kim Witen, Sole staff, owner, resource specialist) $150/Hour with tenta�ve addi�onal costs depending on the services needed by the City of Willows.
8989
1. In person mee�ng breakdown for services (Zoom mee�ngs would not include travel costs) Meeting Cost (In Person)
Resource Specialist (Half Day @ $150/Hour) $ 600.00
Travel Cost $ 710.00
Total Meeting Cost $ 1,310.00
2. Breakdown of �meline and cost for comple�on of services Master Fee Schedule Update 23-Oct 23-Nov 23-Dec 24-Jan 24-Feb 24-Mar 24-Apr 24-May 24-Jun 24-Jul 24-Aug 24-Sep Task 1. Prep & Meetings 10 10 10 10 10 10 10 10 10 10 10 10 Task 2. Research & Analysis 20 20 20 20 20 20 20 20 20 20 20 20 Task 3. Rate Study & Fees
Report 40 40 40 40 40 40 40 40 40 40 40 40
Task 2 - Tentative Travel Costs
Per Diem - Up to $60/Day 0 120 0 0 120 0 0 120 0 0 120 0 Hotel - Up to $125/Night 0 250 0 0 250 0 0 250 0 0 250 0 Mileage - $.655/Mile 0 330 0 0 330 0 0 330 0 0 330 0
Incidentals - $5 Per Incident 0 10 0 0 10 0 0 10 0 0 10 0 Hours Per Month 70 70 70 70 70 70 70 70 70 70 70 70
Travel Costs $ -
$
710.00 $ - $ -
$
710.00 $ - $ -
$
710.00 $ - $ -
$
710.00 $ -
Monthly Cost
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
$
10,500.00
Grand Total
$
10,500.00
$
11,210.00
$
10,500.00
$
10,500.00
$
11,210.00
$
10,500.00
$
10,500.00
$
11,210.00
$
10,500.00
$
10,500.00
$
11,210.00
$
10,500.00
**Hours are approximate to the maxed hours possibly needed for services and may be lesser depending on analysis spectrum** ** Travel costs may decrease if more tasks or meetings are done remotely** Total Cost of Services $
128,840.00
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Agenda Item #7i.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: Byron Turner, Principal Planner
Marti Brown, City Manager
Subject: General Plan Update - North Valley Indian Health Rezone Project Recommendation:
Introduce second reading by title only and approve a resolution entitled: “A resolution approving the request to amend the general plan land use map (file#GPA-23-01) and redesignate five parcels from office and professional to general commercial and approve the request to modify the zoning map (file#RZ-23-01) and rezone five parcels from RP (multiple residence professional office district) to CC (central commercial) for property located at assessor’s parcel numbers 002-152-001; 002-152-002; 002-152-003; 002-152-007 002-152-012.”
Rationale for Recommendation:
The WMC requires both Planning Commission and City Council approval for changesto the zoning and land use designations per Section 18.20.030, 18.20.040 & 18.20.050.
Background:
The property owner NVIH, applied to the city to rezone five of their parcels from RP zoning to CC zoning, and change the Land Use designation from Office and Professional to General Commercial.
The Planning Commission reviewed the application at their August 16, 2023, meeting and adopted a Resolution recommending that the City Council approve the application. The City Council heard the rezone and general plan amendment requests for a first reading at the October 10, 2023, meeting.
Discussion & Analysis:
Approving the requests to change the zoning and land use on these five parcels will allow the applicant to merge all five lots with the two lots across the alley and develop a behavioral clinic and employee parking lot on said property.
Fiscal Impact:
The proposed project presents no fiscal impact to the city.
Attachments:
91 Attachment 1: Resolution XX-2023
92 Attachment 1
City of Willows
Resolution XX-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLOWS APPROVING THE REQUEST TO AMEND THE GENERAL PLAN LAND USE MAP (FILE#GPA-23-01) AND REDESIGNATE FIVE
PARCELS FROM OFFICE AND PROFESSIONAL TO GENERAL COMMERCIAL AND APPROVE THE REQUEST TO MODIFY THE ZONING MAP (FILE#RZ-23-01) AND REZONE FIVE PARCELS FROM RP (MULTIPLE RESIDENCE PROFESSIONAL OFFICE DISTRICT) TO CC (CENTRAL COMMERCIAL) FOR PROPERTY LOCATED AT ASSESSORS PARCEL NUMBERS 002-152-001; 002-152-002; 002-152- 003; 002-152-007 002-152-012
WHEREAS the applicant, Josh Owings on behalf of NVIH, is proposing to redesignate five parcels from Office and Professional to General Commercial; and WHEREAS the applicant, Josh Owings on behalf of NVIH, is proposing to rezone five parcels from RP (Multiple Residence Professional Office District) to Central Commercial; and WHEREAS the Planning Commission conducted a public hearing on August 16, 2023, to review the rezone and redesignation proposals and recommended the City Council adopt the requests; and
WHEREAS Per Chapter 18.20.050, upon receipt of such report from the planning commission, the city council shall set the matter for public hearing and notice according to guidelines set forth in state law; and
WHEREAS the City Council conducted a public hearing on October 10, 2023, to review the proposals, which hearing was noticed in a local newspaper ten days prior to the hearing; and
WHEREAS the City Council has reviewed the proposals, the staff report as presented and considered all public comments; and
WHEREAS the City Council finds that the request to modify the zoning map and general plan land use map is exempt from environmental review as required by CEQA using the "General Rule" Section 15061(b)(3) that is applied to proposals, which will have no potential adverse impact on the environment.
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF WILLOWS FINDS:
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1. That the approval to re-designate the City of Willows Land Use Map for the five parcels will not have a significant impact on the environment.
2. That the approval to amend the City of Willows Zoning Map for the five parcels will not have a significant impact on the environment.
3. The City Council hereby does approve the requests to amend the general plan designation from Office and Professional to General Commercial and amend the zoning from RP (Multiple Residence Professional Office District) to CC (Central Commercial).
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on this 24th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTESTED:
_____________________________ _____________________________ Richard Thomas, Mayor Amos Hoover, City Clerk
9494
DISCUSSION & ACTION
CALENDAR
9595
Agenda Item #8a.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: Carolyn Walker, City Attorney
Marti Brown, City Manager
Subject: Temporary Law Enforcement Agreement with Glenn County Sheriff’s Office Recommendation:
Approve the attached temporary law enforcement agreement with the Glenn County Sheriff’s Office in the amount of $1,285,306 through December 31, 2023.
Rationale for Recommendation:
The City of Willows needs law enforcement services. The Glenn County Sheriff’s Office requires payment for half of the fiscal year based on the Office’s proposed budget for fiscal year 2023-24 of $2,570,613.
Background:
Since early June 2023, the City of Willows and the Glenn County Sheriff’s Office have been negotiating a new law enforcement services contract for fiscal year 2023-24. While those negotiations did not finish, the Sheriff’s Office requires at least a partial payment of the proposed fiscal year 2023-34 budget of $2,570,613. As a result, the Council and Sheriff’s Office agreed on a six-month payment of $1,285,306 through December 31, 2023.
Fiscal Impact:
The proposed payment to the Glenn County Sheriff’s Office will further exhaust the City’s General Fund Reserve by $474,307 (through December 31, 2023). With this payment, the City’s structural budgetary deficit will catapult to more than $900,000. Should these payments to the Glenn County Sheriff’s Office continue, the City will have no General Fund Reserve before June 2025. In the absence of additional revenue generation, the Reserve will be completely depleted during fiscal year 2024-25.
Attachment:
Attachment 1: Municipal Law Enforcement Services Agreement with the Glenn County Sheriff’s Office
9696
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
1 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
THIS MUNICIPAL LAW ENFORCEMENT AGREEMENT (“Agreement”) is made and entered into this 16th day of October, 2023, by and between the COUNTY OF GLENN, (“County”), and the CITY OF WILLOWS ("City"), the County and the City each a “Party” and jointly the “Parties”.
RECITALS
WHEREAS, the County of Glenn provides law enforcement services throughout the unincorporated areas of Glenn County, California; and WHEREAS, the City of Willows is responsible for providing law enforcement services within the municipal boundaries of the City of Willows; and WHEREAS, City is desirous of contracting with the County for the performance of law enforcement service by the Glenn County Sheriff’s Department; and WHEREAS, the County is agreeable to providing law enforcement services to the City of Willows; and
WHEREAS, the County and City of Willows have been negotiating in good faith towards a mutually beneficial agreement for the citizens of Willows and the County and will continue to do so; and
WHEREAS, California Government Code Sections 51300, et seq., and 54980, et seq., authorize such law enforcement services agreements.
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED, for and in consideration of the respective covenants and commitments of the Parties set forth herein, and the terms and conditions set forth below, the Parties agree as follows:
I. EFFECTIVE DATE: This agreement shall become effective July 1, 2023 at 12:00 a.m. on which date the Sheriff of the County of Glenn shall continue responsibility for providing full law enforcement services to the City of Willows pursuant to the terms and conditions set forth herein until December 31, 2023.
II. SCOPE OF SERVICES:
A. The County agrees, through the Sheriff of the County of Glenn (“Sheriff”), to provide full general law enforcement services within the incorporated limits of the City to the extent and in the manner hereinafter set forth in this Agreement.
Attachment 1
9797
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
2 B. Except as otherwise specifically set forth in this Agreement, such service shall only encompass duties and functions of the type coming within the jurisdiction of and customary services rendered by the Sheriff under the County Code and the statues of the State of California, and under the City’s Municipal Codes.
C. “Law Enforcement Services” (the “Services”) shall include, but are not limited to, the services listed in Attachment “A”, and includes emergency and non-emergency calls for service, patrol, traffic enforcement, traffic collision investigation, criminal investigations, animal control, dispatch services, all Sheriff clerical functions, Public Record Act requests as they relate to the Sheriff’s Department, code enforcement duties, and all other law enforcement services provided by Sheriff in it’s normal course.
III. METHODS AND STANDARDS OF PERFORMANCE:
A. The County shall provide all of the law enforcement services to the City (24 hours per day, 7 days a week.)
B. All County employees assigned to provide services hereunder will be sufficiently trained and experienced to perform the law enforcement services to the City.
C. The Sheriff shall determine the most advantageous, efficient, and effective means for providing the 24-hours per day service to the City.
Final authority for the determination of the priority of response shall rest with the Sheriff within the response time criteria in this Agreement.
D. The County shall maintain sufficient staffing in the City to provide a response time averaging:
a. Within FIVE (5) minutes for “Crimes of Violence” (as defined by DOJ Bureau of Justice Statistics) or “in-progress” crimes. b. Within TEN (10) minutes to an hour for “Property Crimes” (as defined by DOJ Bureau of Justice Statistics) or “cold calls” for service.
E. The Sheriff shall appoint an administrative staff member (with rank of Lieutenant or higher) to be the primary point of contact and administrator for all Services provided to the City hereunder.
F. The County shall provide a detailed monthly report to the City of activities undertaken in performance of Services under this Agreement. This report should include (at minimum) an overview of general activity, arrests, traffic enforcement, and average response times.
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
3 G. All services provided hereunder shall be under the control and at the direction of the Sheriff. The Sheriff shall exercise his judgment as deemed proper and appropriate. Standards of performance, discipline of deputies, control of personnel assigned, and all other matters incidental to the performance of services performed hereunder shall remain with the County.
H. In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereafter, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff and the City and memorialized in writing.
I. County shall furnish and supply all necessities including labor, supervision, transportation, equipment, communication facilities, and supplies necessary to supply the services to be rendered hereunder.
J. No County employee assigned to provide service hereunder shall have any right to employment, salary, benefits, or claims of any kind from the City. The City shall not assume any liability for the direct payment of any Sheriff’s Department salaries, wages, retirement, benefits or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment as a contract employee of the City.
IV. TERM OF AGREEMENT: The term of this Agreement is July 1, 2023 until December 31, 2023, and is pursuant to California Government Code Section 53102.
V. TERMINATION:
A. This Agreement may be terminated by either party with thirty (30) days written notice.
B. In the event of termination, County shall provide City reimbursement payment for any portion of the term where services are not provided under this Agreement, as this contract supplies County payment for services rendered through December 31, 2023 in advance.
C. In the event of termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination and, except as otherwise provided herein, each party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
4 VI. COMPENSATION AND PAYMENT:
A. For all serviced provided during the term of this Agreement, City shall pay County in the amount of: ONE MILLION TWO HUNDRED AND EIGHTYFIVE THOUSAND THREE HUNDRED AND SIX DOLLARS ($1,285,306).
B. Any fees, fines, asset forfeiture monies collected by the County with respect to incidents occurring in the City may be utilized by the County for purposes authorized by law.
VII. INDEMNIFICATION: The County hereby indemnifies, defends, and holds harmless the City, its Council members, officers, directors, employees, attorneys, and agents against and from any and all liabilities, losses, demands, actions, expenses or claims, including but not limited to; reasonable attorney’s fees and court costs from loss, damage or injury to any person or property, or for reason of anything done, permitted to be done, or omitted to be done by the Sheriff’s personnel in providing or failing to provide general law enforcement services to the City by Sheriff’s personnel or caused by the negligence or misconduct of Sheriff’s personnel in providing or failing to provide general law enforcement services to the City by Sheriff’s personnel. This indemnification obligation shall survive the termination of this Agreement.
VIII. NOTICES: Any notice permitted or required under this Agreement shall be sent as provided below and shall be effective (a) immediately, if personally served or if emailed and the sending Party can reasonably demonstrate receipt, or (b) if delivered by mail, two (2) business days following its deposit in U.S. Mail, properly address and postage prepaid. Either Party may change its address and other contact information by providing notice to the other Party in the manner set forth in this section:
Notices to the County of Glenn shall be addressed as follows:
Glenn County Sheriff
543 W. Oak Street
Willows, CA 95988
Phone: 530-934-6441
Fax: 530-934-6473
With a copy to:
Glenn County Counsel
525 Sycamore Street
Willows, CA 95988
Phone: 530-934-6455
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
5 Fax: 530-934-6457
Notices to the City of Willows shall be addressed as follows:
City Manager
201 North Lassen Street
Willows, CA 95988
Phone: 530-934-7041
Fax: 530-914-7402
With a copy to:
City Attorney, City of Willows
Attn: Carolyn Walker
2240 Court Street
Redding, CA 96001
Phone: 530-691-0800
Fax: 530-691-0700
IX. RELATIONSHIP OF THE PARTIES:
A. Neither Party hereto shall be the employer, partner, agent, joint venture or principal of the other. The County shall not, for any purpose or reason whatsoever, claim or imply that any officer, employee, contractor or agent providing services under this Agreement is an employee: or contractor of City. No County officer, employee, contractor or agent shall be entitled to any benefits accorded to employees of the City.
B. County shall be responsible for providing, at County’s sole expense and in County’s name, compensation and such statutory benefits as are required for discretionary benefits as are required for discretionary benefits as it elects to its officers, employees, and agents providing services hereunder.
County shall at all times, at its sole expense, obtain and maintain in effect all such licenses and permits usual or necessary to perform the services contemplated under this Agreement.
X. AMENDMENTS: All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment adopted by the County Board of Supervisors and the Willows City Council.
XI. EXHIBITS: All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement:
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
6 Exhibit Designation Exhibit Title
Exhibit A Services to be Provided by City
XII. AUTHORIZATION WARRANTY:
A. The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation or this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
B. The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation or this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
XIII. MISCELLANEOUS:
A. Good Faith Negotiations. The City and the Sheriff/County agree to engage in good faith negotiations and fully cooperate with each other for a future services contract. This includes the Sheriff providing full and open disclosure of financial documents and budget related reports for the cost analysis, planning and staffing of a future contract between the Parties.
B. Entire Agreement. This Agreement and any executed Amendments thereto constitute the complete and exclusive statement of understanding of the Parties which supersedes all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section X of this Agreement.
C. Attorney’s Fees & Costs. In the event of any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including court costs, attorney’s fees, and all other related expenses incurred in such litigation. In the event of a pre-trial settlement or arbitration between the Parties, allocation of such fees and costs shall be determined by that settlement process.
D. Mediation. The Parties agree to mediate any dispute or claim arising between them out of this Agreement before resorting to court action.
Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies:
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
7 (i) Any Party commences a claim without first attempting to resolve the matter through mediation, or
(ii) Before commencement of an action, any Party refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that Party in any such action.
E. Governing Law, Jurisdiction, and Venue. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. All suits, proceedings, and other actions relating to or arising out of this Agreement shall be submitted to the jurisdiction of the courts of the State of California, or the Federal District Court, and proper venue shall be Glenn County, California.
F. Waiver. No failure or delay by either Party in exercising any rights, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.
G. Severability. In the event that any provision of this Agreement shall be declared by a court of competent jurisdiction to be illegal or otherwise unenforceable, such provision shall be served and the entire Agreement shall not fail on account thereof and the balance of the Agreement shall continue in full force and effect.
[signature page to follow]
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
8 IN WITNESS WHEREOF, the County of Glenn, by order of its Board of Supervisors, has caused this Agreement to be executed by the Chairman of said Board and attest by the Clerk of the Board of Supervisors thereof, and the City of Willows, by order of Willows City Council, has caused this Agreement to be executed by the Mayor of the City and attested to by the City Clerk.
CITY OF WILLOWS: COUNTY OF GLENN:
By: ___________________________ By: ______________________________ Richard Thomas, Mayor Name:_________________________
City of Willows, City Council Title: Clerk of the Board of Supervisors Date: ___________________ Date: ________________________ Attestation:
By: _____________________________
Amos Hoover, City of Willows, City Clerk
Approved as to Form: Approved as to Form:
By: _____________________________ By: ____________________________ Carolyn Walker, Willows City Attorney Name:__________________________ Title: County Counsel for Glenn County
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
9 EXHIBIT A
SERVICES TO BE PROVIDED BY CITY
105 105
FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL CALLS 2318 2123 2200 1835 1902 2001 2062
CALL DISTRIBUTION 0 0 0 0 1902 2001 2062 1951.5
WILLOWS NDA NDA NDA NDA 438 531 452 484.5 24.8271% 21.9205% ORLAND NDA NDA NDA NDA 417 425 470 421 21.5731% 22.7934% COUNTY NDA NDA NDA NDA 1047 1045 1140 1046 53.5998% 55.2861% **NOTE: NO JURIS SPLIT DATA AVAILABLE FOR 2017-2020**
FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL CASES 925 752 845 636 648 592 630
CASE DISTRIBUTION 925 752 845 636 648 592 630 733 625.3333333 WILLOWS 211 186 206 137 152 177 155 178.1666667 24.3065% 155.3333333 24.8401% 24.6032% ORLAND 228 169 226 154 134 128 143 173.1666667 23.6244% 138.6666667 22.1748% 22.6984% COUNTY 486 397 413 345 362 287 332 381.6666667 52.0691% 331.3333333 52.9851% 52.6984% FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL EXPENSES 266,906.97 287,502.63 275,200.90 318,336.85 326,006.11 398,573.00 409,260.00 POSITION QUANTITY COST EACH TOTAL CASE % DISTRIBUTION AC CSO 0.4968 96,917.23 48,148.48
WILLOWS ANNUAL 22.8108% 24.7340% 24.3787% 21.5409% 23.4568% 29.8986% 24.6032% 48,148.48 ORLAND 24.6486% 22.4734% 26.7456% 24.2138% 20.6790% 21.6216% 22.6984% SHELTERING SVCS 0.248401 166,680.00 41,403.48 COUNTY 52.5405% 52.7926% 48.8757% 54.2453% 55.8642% 48.4797% 52.6984% FLEET EXPENSES 0.248401 37,660.00 9,354.78 50,758.26
TOTAL ANNUAL CONTRACT FEE 2017 2018 2019 2020 2021 2022 2023 2017-2023 TOTAL WILLOWS 55,000.00 55,000.00 56,375.00 57,784.38 59,228.98 60,709.71 110,005.85 ** 454,103.92 TOTAL 98,906.74 ORLAND 55,000.00 55,000.00 55,000.00 55,000.00 55,000.00 55,000.00 55,000.00 385,000.00 **INCLUDES ADDITIONAL 49K**
ANIMAL CONTROL
ANNUAL PERCENTAGE OF ANIMAL CONTROL CALLS FOR SERVICE
ANNUAL PERCENTAGE OF ANIMAL CONTROL SHELTER CASES INTAKE
ANIMAL CONTROL ANNUAL EXPENSES
TOTAL 2 YR AVG
% OF ANNUAL
CALL VOLUME
2023 YTD % OF
ANNUAL
CASELOAD
DEPARTMENTAL EMPLOYEE USAGE FOR WILLOWS: ANIMAL CONTROL TOTAL (24.8401% OF OVERALL BUDGETED S/B)
TOTAL (24.8401% OF OVERALL BUDGETED S/S)
2023 YTD % OF
ANNUAL CALL
VOLUME
TOTAL 6 YR AVG
% OF ANNUAL
CASELOAD
TOTAL 3 YR
AVG % OF
ANNUAL
CASELOAD
106 106
FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL CALLS 14869 14401 15436 15930 20011 19683 20471 CALL VOLUME DISTRIBUTION 14869 14401 15436 15930 20011 19683 20471 100330 55624 WILLOWS 2879 2534 2693 3237 4950 4870 4913 21163 21.0934% 13057 23.4737% 23.9998% ORLAND 2908 2693 2842 3078 5795 5907 6248 23223 23.1466% 14780 26.5713% 30.5212% COUNTY 9082 9174 9901 9615 9266 8906 9310 55944 55.7600% 27787 49.9551% 45.4790% **NOTE: CITY TOTALS DO NOT INCLUDE FIRE RESPONSE FOR YEARS 2017-2020** FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL EXPENSES 536,507.38 539,370.99 662,354.74 769,025.11 770,002.10 1,184,384.00 1,446,019.00 POSITION QUANTITY COST EACH TOTAL CALL VOLUME % DISTRIBUTION DISPATCHER 2.112633 97,337.99 205,639.45 WILLOWS 19.3624% 17.5960% 17.4462% 20.3202% 24.7364% 24.7422% 23.9998% 205,639.45 ORLAND 19.5575% 18.7001% 18.4115% 19.3220% 28.9591% 30.0107% 30.5212% COUNTY 61.0801% 63.7039% 64.1423% 60.3578% 46.3045% 45.2472% 45.4790% TOTAL ANNUAL CONTRACT FEE 2017 2018 2019 2020 2021 2022 2023 2017-2023 TOTAL WILLOWS 93,000.00 93,000.00 95,325.00 97,708.13 100,150.83 102,654.60 105,734.24 ** 687,572.80 **DOES NOT INCLUDE FIRE DISPATCH PAYMENT** ORLAND 93,000.00 93,000.00 93,000.00 93,000.00 93,000.00 93,000.00 93,000.00 ** 651,000.00 **DOES NOT INCLUDE FIRE DISPATCH PAYMENT**
DISPATCH
ANNUAL PERCENTAGE OF CALL VOLUME
DISPATCH ANNUAL EXPENSES
DEPARTMENTAL EMPLOYEE USAGE FOR WILLOWS: DISPATCH
TOTAL (23.4737% OF OVERALL BUDGETED S/B)
2023 YTD % OF
ANNUAL CALLS
TOTAL 5 YR AVG
% OF ANNUAL
CALLS
TOTAL 3 YR
AVG % OF
ANNUAL
CALLS
107 107
FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL CALLS 14869 14401 15436 15930 20011 19683 20471 CALL VOLUME DISTRIBUTION 14869 14401 15436 15930 20011 19683 20471 100330 55624 WILLOWS 2879 2534 2693 3237 4950 4870 4913 21163 21.0934% 13057 23.4737% 23.9998% ORLAND 2908 2693 2842 3078 5795 5907 6248 23223 23.1466% 14780 26.5713% 30.5212% COUNTY 9082 9174 9901 9615 9266 8906 9310 55944 55.7600% 27787 49.9551% 45.4790% **NOTE: CITY TOTALS INCLUDE FIRE RESPONSE FOR ALL YEARS** FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD TOTAL ANNUAL CASES 3080 5773 6048 4975 1700 1666 1566
CASE DISTRIBUTION 0 0 0 0 1700 1666 1566 1683
WILLOWS NDA NDA NDA NDA 781 817 758 799 47.4747% 48.4036% ORLAND NDA NDA NDA NDA 135 84 60 109.5 6.5062% 3.8314%
COUNTY NDA NDA NDA NDA 784 765 748 774.5 46.0190% 47.7650% FISCAL YEAR ENDING 6/30 2017 2018 2019 2020 2021 2022 2023 YTD QUANTITY COST EACH TOTAL TOTAL ANNUAL EXPENSES 4,258,195.77 5,694,303.68 6,057,411.00 6,150,881.81 7,183,133.07 7,131,945.45 7,927,024.00 1 196,311.15 196,311.15 CALL VOLUME % DISTRIBUTION 7 151,754.54 1,062,281.78
WILLOWS 19.3624% 17.5960% 17.4462% 20.3202% 24.7364% 24.7422% 23.9998% 2 151,754.54 303,509.09 ORLAND 19.5575% 18.7001% 18.4115% 19.3220% 28.9591% 30.0107% 30.5212% 0.5 96,917.23 48,458.62 COUNTY 61.0801% 63.7039% 64.1423% 60.3578% 46.3045% 45.2472% 45.4790% 1 110,144.29 110,144.29 CASE LOAD % DISTRIBUTION 1 177,455.13 177,455.13
WILLOWS NDA NDA NDA NDA 45.9412% 49.0396% 48.4036% 1 185,079.92 185,079.92 ORLAND NDA NDA NDA NDA 7.9412% 5.0420% 3.8314% TOTAL 13.5 2,083,239.97 COUNTY NDA NDA NDA NDA 46.1176% 45.9184% 47.7650% 0.234737 18,000.00 4,225.27 12 1,119.51 13,434.12
TOTAL ANNUAL CONTRACT FEE 2017 2018 2019 2020 2021 2022 2023 2024 2017-2023 TOTAL 17,659.39 WILLOWS 1,193,999.96 1,223,849.92 1,254,446.17 1,285,807.31 1,317,952.53 1,359,016.31 WILLOWS PROPOSED 7,635,072.20 12 13,764.00 165,168.00 3% INCREASE 165,168.00
TOTAL WILLOWS PAYMENTS 1,341,999.96 1,375,549.92 1,409,938.68 1,445,187.12 1,481,316.84 1,574,756.40 1,621,999.09 8,628,748.92 TOTAL 2,266,067.36
SERVICE COST TO PAYMENT DIFFERENCE (NECESSARY STAFFING LEVEL) (948,614.46) 2,570,613.55
OFFICE EXPENSES
CLOTHING PERSONAL SUPPLIES
FLEET EXP PER AVG WPD VEHICLE
TOTAL (23.4737% OF OVERALL BUDGETED S/S)
TOTAL (WPD FLEET)
ALL SERVICES GRAND TOTAL FY 23-24
SHERIFF'S OFFICE ANNUAL EXPENSES
ANNUAL PERCENTAGE OF SHERIFF'S CASELOAD (INCIDENTS REQUIRING FULL REPORT BEYOND CALL SUMMARY, INCLUDING CORONER'S CASES) TOTAL 2 YR AVG
% OF ANNUAL
CASELOAD
SERGEANT
POSITION
DEPARTMENTAL EMPLOYEE NEEDS FOR WILLOWS: LAW ENFORCEMENT
DEPUTY (EXISTING)
DEPUTY (ADDITIONAL)
EVIDENCE TECH
CLERICAL
DETECTIVE
2023 YTD % OF
ANNUAL
CASELOAD
**NOTE: NO JURIS SPLIT DATA AVAILABLE FOR 2017-2020, BUT ANNUAL TOTAL FOR THESE YEARS DO NOT INCLUDE ORLAND DATA UNLESS CORONER'S CASE. NEW RMS SYSTEM IMPLEMENTED IN MAY 2020 TRACKS LOWER-LEVEL INCIDENTS IN CALLS RATHER THAN CASES RESULTING IN LOWER OVERALL CASE NUMBERS FOR 2021-2023**
LIEUTENANT (EXISTING)
TOTAL 5 YR AVG
% OF ANNUAL
CALLS
TOTAL 3 YR
AVG % OF
ANNUAL
CALLS
2023 YTD % OF
ANNUAL CALLS
LAW ENFORCEMENT SERVICES
ANNUAL PERCENTAGE OF CALL VOLUME (INCLUDES ALL CITY CADS AND INCIDENTS ONLY REQUIRING CALL SUMMARY/CAD) 108 108
Agenda Item #8b.
_____________________________________________________________________ Date: October 24, 2023
To: Honorable Mayor and Councilmembers
From: Marti Brown, City Manager
Carolyn Walker, City Attorney
Subject: Sales Tax Measure Ordinance Discussion
Recommendation:
Review and discuss the proposed Sales Tax Ordinance and provide any additional direction to City staff.
Rationale for Recommendation:
While the Council reviewed and discussed the Sales Tax Ordinance at the October 10 City Council meeting, there was discussion of bringing the item back for further scrutiny. As a result, Mayor Thomas requested that the item be agendized again for discussion and consideration.
Background:
At the October 10, 2023, City Council meeting, the Council passed a resolution declaring a fiscal emergency and authorizing the City Manager to place a 1% sales tax measure on the March 2024 ballot.
Fiscal Impact:
There is no impact.
Attachment:
Attachment 1: Ordinance XX-2023
109 109
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF WILLOWS IMPOSING A TRANSACTIONS AND USE TAX OF ONE PERCENT (1%) TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION
Section 1. TITLE. This Ordinance shall be known as the City of Willows Transactions and Use Tax Ordinance. The City of Willows hereinafter shall be called "City." This Ordinance shall be applicable in the incorporated territory of the City.
Section 2. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of such adoption being as set forth below.
Section 3. PURPOSE. This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail Transactions and Use Tax in accordance with the provisions of Part 1.6 (commencing with section 7251) of Division 2 of the Revenue and Taxation Code, and section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax Ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail Transactions and Use Tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California, insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore, that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance.
Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax Ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
Attachment 1
110 110
Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City, at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory, on and after the operative date of this Ordinance.
Section 6. PLACE OF SALE. For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination, or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use, or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Ordinance for storage, use, or other consumption in said territory, at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this Ordinance, and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein.
Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted, therefore. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.
2. The result of that substitution would require action to be taken by or against this City, or any agency, officer, or employee thereof, rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use, or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use, or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
111 111
b. Impose this tax with respect to certain sales, storage, use, or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that Code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203, and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this State or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to section 267(b) of Title 26 of the United States Code and the regulations thereunder.
Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance.
Section 11. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax, the amount of any sales tax or use tax imposed by the State of California or by any City, County and City, or County pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax, the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made, and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point.
For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with section 9840) of the Vehicle Code by registration to an out-of-City address, and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
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b. With respect to commercial vehicles, by registration to a place of business out-of-City, and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Ordinance, the storage, use, or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience, and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the County shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City, or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
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7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this Ordinance, may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code, with respect to the sale to the person of the property the storage, use, or other consumption of which is subject to the use tax.
Section 12. AMENDMENTS. All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes, and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
Section 13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate, or other legal or equitable process, shall issue in any suit, action, or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
Section 14. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 15. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City transactions and use taxes, and shall take effect immediately.
Section 16. SALES TAX OVERSIGHT BOARD. The City of Willows will appoint a five-member standing oversight committee to be made up of the Willows residents, not City employees, to serve up to three (3) two-year (2) terms. Each City Council Member will appoint one (1) of the five (5) members to the Oversight Board.
These members will serve as the independent Sales Tax Oversight Board to review the expenditure of funds collected pursuant to the tax imposed by this Ordinance.
Section 17. TERMINATION DATE. The authority to levy the tax imposed by this Ordinance shall continue until this Ordinance is repealed by a majority vote of the voters of the City.
I hereby certify that the City of Willows Supplemental Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Willows on the 5th day of March, 2024.
Richard Thomas, Mayor of City of Willows
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ATTEST:
Clerk of the City Council
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COMMENTS AND
REPORTS
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