Agenda for February 25, 2009
AGENDA
WILLITS CITY COUNCIL
111 EAST COMMERCIAL STREET
WILLITS, CALIFORNIA
* * * * * * * *
February 25, 2009* * * * 7:00 p.m.
1. OPENING MATTERS –
a) Call to order;
b) Pledge to flag;
c) Roll Call
2. PUBLIC MATTERS
A. Presentation and Discussion with Charles Fielder, Caltrans District One Director, Regarding the Willits Bypass Project
3. PUBLIC COMMUNICATIONS – Council welcomes participation in its meetings. Comments shall be limited to five minutes per person so that everyone may be given an opportunity to be heard. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request that a spokesperson be chosen by the group. This item is limited to matters under the jurisdiction of the City Council which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. No action shall be taken.
4. CONSENT CALENDAR - Matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion.
ACTION RECOMMENDED
A. City Council Minutes of 2/11/09—————Approve
B. Warrants #12008-12129 = $365,157.23——————–Approve
C. Building Inspection Activity Report – January 2009———-Accept
5. RIGHT TO APPEAL - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to 90 days the time within which the decisions of the City boards and agencies may be judicially challenged.
6. COMMISSIONS, AGENCIES AND AUTHORITIES
A. COMMUNITY DEVELOPMENT AGENCY
1. Approval of Community Development Agency Minutes of 9/10/08
2. Discussion and Possible Approval of an Energy Efficiency Grant Application
Submitted by Gateway Gifts, 1726 South Main Street
3. Discussion and Possible Approval of an Energy Efficiency Grant Application
Submitted by Evergreen Center, 1726 South Main Street
7. OLD BUSINESS
None
8. CITY MANAGER REPORTS AND RECOMMENDATIONS
A. Discussion and Possible Adoption for Cooperative City-County Animal Control Agreement between the City of Willits and the County of Mendocino
B. Discussion and Possible Direction to Create a Citizen Suggestion Box on the City’s Website
C. Other Reports – Oral/No Action
9. DEPARTMENT RECOMMENDATIONS
A. Police Chief
B. City Planner
C. City Attorney
D. Public Works Director
E. City Engineer
F. Finance Director
10. CITY COUNCIL AND COMMITTEE REPORTS
A. MCOG
B. LAFCO
C. MTA
D. REVIT-ED COMMITTEE
E. MSWMA-JPA
F. ECONOMIC DEVELOPMENT & FINANCING CORP. (EDFC)
G. LEAGUE OF CALIFORNIA CITIES
H. WATER RESOURCES COMMITTEE
I. SEWER SYSTEM COMMITTEE
J. EXPLORATION OF POTENTIAL ENERGY SOURCES AD HOC COMMITTEE
K. SHERWOOD VALLEY RANCHERIA CASINO PROJECT AD HOC COMMITTEE
L. NCRA LIAISON AD HOC COMMITTEE
M. OTHER COMMITTEE REPORTS
11. COUNCIL MEMBER REPORTS AND RECOMMENDATIONS
12. ENACTMENT OF ORDINANCES
A. Discussion and Possible Action Introducing Ordinance Amending Chapter 14.90 of the Willits Municipal Code in Order to Declare Water Storage Emergencies under Extraordinary Circumstances
Next Ordinance: 2009-02
Next Resolution: 2009-04
Next Planning Commission Resolution: 2009-01
Next Community Development Agency Resolution: 2009-01
13. GOOD & WELFARE
14. CLOSED SESSION NOTICE
15. ADJOURNMENT
NOTE: The meeting room is wheelchair accessible and disabled parking is available. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact Marilyn Harden at (707) 459-7120 or FAX (707) 459-1562. Requests for such modifications or accommodations must be made at least two full business days before the start of the meeting.
NOTE: Materials related to an item on this Agenda submitted to the Willits City Council/ Planning Commission/Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits during normal business hours.
Parking Enforcement
To Contest a Parking Ticket
There are three levels that may be involved in contesting a parking ticket issued in the City of Willits. The three levels are prescribed by the California Vehicle Code with the intention of providing citizens with an opportunity to contest parking tickets that were issued to their vehicles.
Three Level Process
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Initial Review Request
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Administrative Hearing
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Appeal through the Mendocino Superior Court
1) Initial Review Request
If you disagree with a parking ticket you received and would like to contest it, you have 21 days from the date the ticket was issued, or 14 days from the mailing of the Delinquent Parking Notice to submit an Initial Review Request.
For your convenience you may download the Request for Initial Review Form. Please complete the form, attach all relevant information and a copy of the parking ticket to the Request for Initial Review Form and mail it to the City of Willits Police Department. Initial Review Requests received beyond the date prescribed by the California Motor Vehicle Code will not be accepted. A written statement as to why you believe the parking ticket was issued in error must be submitted to the City’s Police Department. You should also include any supportive documentation (e.g. receipts, pictures, diagrams) to support your statement. Materials submitted for review will not be returned. Click here to download form.
The Administrative Review Investigator will review your Initial Review Request and will make a determination as to its outcome by rendering one of the following decisions:
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The ticket was determined to be invalid and will be dismissed. No further action will be required on your part. You will receive written correspondence from the Administrative Review Investigator confirming the dismissal of your parking ticket.
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The ticket was determined to be valid and payment must be submitted in full. You will receive written correspondence from the Administrative Review Investigator notifying you of the decision and advising you that the ticket must be paid.
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The ticket will require further investigation before a decision can be made. You will receive written correspondence from the Administrative Review Investigator requesting the required information. The decision on your ticket will not be made until the requested documentation is received. You will have ten (10) days to submit the requested information. Requested information received after the due date will not be considered and full payment will be required.
Initial Review Requests that were rendered a decision will not be conducted a second time on the same ticket.
The request for an initial review is free of charge.
City of Willits
Police Department
125 E. Commercial St, Suite 150
Willits, CA 95490
(707) 459-6122
Office Hours: Monday – Friday from 8:00 am to 4:00 pm
Closed Weekends and Holidays
2) Administrative Hearing
If you are dissatisfied with the initial review results, you may further contest the ticket by requesting an Administrative Hearing. Unlike the initial review request, State Law requires that you pay in advance all fines that are owed on the ticket before you can request an Administrative Hearing. Administrative Hearings must be requested within 21 days of the date the decision was reached on your Initial Review Request. If you fail to request the Administrative Hearing within the prescribed time you will lose the opportunity to further contest the parking ticket.
To request an Administrative Hearing, please complete the Administrative Hearing request form that is located at the bottom of your initial review request results form and mail it to the Parking Citation Section along with the applicable payment. Please be sure to check the applicable box indicating that you are requesting a hearing. You can also download a Hearing Request Form. You will receive written notification regarding the date and time scheduled for your hearing. Click here to download form.
If you cannot attend an in-person Administrative Hearing you may submit a Written Declaration or request that the Hearing Officer render a decision based on the statement you submitted on your Initial Review Request form. You may also use the Written Declaration form to add additional information not included on your original Initial Review Request form. Click here to download form.
If the Hearing Officer makes a decision in your favor, the Parking Citation Section will refund your payment, if you have no other outstanding parking tickets. If you have outstanding parking tickets the refund will be applied to the unpaid balance.
What Takes Place At An Administrative Hearing
The Administrative Review Investigator will provide the Hearing Officer with all relevant information associated with your case. Information provided may contain the following items:
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Copy of the ticket you were issued.
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All correspondence that the Parking Citation Section has on file that you submitted.
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Investigation results that were conducted associated with your ticket.
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Computer system notes on phone calls made to the Administrative Review Investigator relevant to your ticket.
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Correspondence and notices that were sent to you by the Parking Citation Section.
The Hearing Officer will review all information, and listen to your explanation as to why you feel the parking ticket should be dismissed. The Hearing Officer will end the hearing once he/she has enough information to render a decision. The results of the hearing will be mailed to you within 15 days from the date of your hearing. The Hearing Officer will render one of the following decisions:
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The parking ticket is upheld and/or the late fees are warranted.
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The parking ticket is upheld and the late fees are waived.
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The parking ticket is dismissed.
If you are unable to attend the Administrative Hearing on the scheduled date you may reschedule your hearing. Administrative Hearings can only be rescheduled one time. If you are not in attendance on the date of your rescheduled hearing you will lose the opportunity to contest your parking ticket. To reschedule a hearing please call (707) 459-6122.
3) Appealing the Administrative Hearing
If you are not satisfied with the Hearing Officers decision you may further contest the parking ticket by appeal through the Mendocino County Superior Court. You cannot appeal a parking ticket if you have not first obtained the results from your Initial Review Request and your Administrative Hearing. Both must be performed before you can appeal the parking ticket. Furthermore, appeals must be requested within 30 days from the date of the Hearing Officer’s decision. To file for an appeal, you must do so in person at the Mendocino County Superior Court. The Mendocino County Superior Court is located at 125 E. Commercial St., Willits, CA 95490. A filing fee must be submitted to the court for each ticket that you are appealing. If your appeal is granted the Mendocino County Superior Court will obtain your case file from the Administrative Review Investigator and will schedule your Appeal Hearing.
The case file is used by the presiding judge at the Mendocino County Superior Court for use in rendering a decision on your parking ticket. If the Judge presiding over your case renders a decision to dismiss your ticket, the filing fee along with your parking fine will be refunded to you.
Willits Solar Array
Perpetual Energy Systems Launches 422 kW DC Solar Energy Project In Northern California
City of Willits Water Treatment Plant Host Site for Solar Panels
Harrison, NY and Willits, Calif. – December 1, 2008: Perpetual Energy Systems (PES), a leading comprehensive financier of photovoltaic solar energy systems today announces the launch of its newest project hosted at the City of Willits Water Treatment Plant. The project guarantees a reduction in energy costs and has the capacity to generate approximately 530,000 kilowatt hours AC (kWh) per year to meet 100 percent of the plant’s current power needs.
PES financed the development and installation of the Willits systems, at no cost to the City, utilizing conventional financing and equity raised through the federal renewable energy tax credit. This custom financial program not only meets the City’s water treatment plant energy and budgetary needs, but offers of the City of Willits reduced utility costs by purchasing electricity generated by the renewable and perpetual solar energy system at the Willits Water Treatment Plant.
“We are honored to work with an innovative and forward-thinking city committed to sustainable energy,” says Laurance Friedman, co-chair of Perpetual Energy Systems. “This public-private partnership is a true testament to how a privately-held company and a municipality can work together to reduce a city’s impact on the environment.”
The City of Willits began its move towards becoming a sustainable community in 2004 when it partnered with the Willits Economic LocaLization (WELL), a citizen’s organization created to foster a sustainable, local economy based on the principles of sufficiency, responsibility and life promoting actions. The City and WELL worked with the Renewable Energy Development Institute, a professional services organization specializing in renewable energy project development, to solicit a solar project in Willits.
“Even as a community of 5,000 residents, we feel it is important to do the most we can to reduce or eliminate our impact on the environment,” says Holly Madrigal, mayor of the City of Willits. “Hosting solar energy systems at our water treatment plant not only reduces the city’s energy consumption and costs over the next 25 years, the project reaffirms our commitment to being a ‘green’ community.”
The project was developed and installed by Stellar Energy Solutions, a leading commercial solar integrator in California. Bud Garman and Sons and Solaris, Inc., both local sub-contractors, were used in the project for site preparation and mechanical and electrical installation.
“We have been involved with the installation of solar energy systems across the Unites States and now that the state of California has adopted the $3.2 billion solar energy initiative, it is very encouraging to see smaller municipalities like Willits supporting the development of sustainable energy,” said Michael Raspolich, vice president of Stellar Energy Solutions.
For more information about the City of Willits Water Treatment Plant Solar Energy Project or to speak with a representative of Perpetual Energy Systems or the City of Willits, please contact Marlena DeFalco at 303-682-3943 or marlena@linnelltaylor.com.
About Perpetual Energy Systems
Perpetual Energy Systems is a comprehensive developer of solar powered renewable energy systems, providing solar energy power to industrial, commercial and municipal enterprises. Without the need for capital expenditure outlays, recipients benefit from reduced utility costs, access to sustainable energy sources and a significant reduction in carbon outputs through clean energy technology. Perpetual combines renewable energy tax credits with conventional financing to achieve the design, construction, installation and operations of large-scale solar energy systems. For more information, please contact Laurance Friedman at 914-777-2224 or visit them at www.goperpetual.com.
About the City of Willits
Willits is a city located in Mendocino County, California. As the Heart of Mendocino County and the Gateway to the Redwoods, the city of Willits is the eastern terminus of the California Western Railroad, running through the Coast Redwood forests to coastal Fort Bragg. After working with the Willits Economic LocaLization program, the city is working to become one of the country’s most sustainable communities. As of the 2000 census, the city had a total population of 5,073. For more information about Willits, CA please visit www.thecityofwillits.com
About Stellar Energy Solutions
Stellar Energy Solutions is a California-based solar systems integrator, designing and installing solar energy systems for corporate, non-profit, educational and governmental facilities nationwide. For more information contact Keith Rutledge at 707-395-3208 or visit the Stellar website at www.stellarenergy.com.
Contacts:
Paul Cayler Marlena DeFalco
City Manager Account Manager
City of Willits, California LinnellTaylor Marketing
707-459-7112 303-682-3943
caylerp@willitscity.com marlena@linnelltaylor.com
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Below are links to check the current status of the Willits solar projects.
Agenda for February 11, 2009
AGENDA
WILLITS CITY COUNCIL
111 EAST COMMERCIAL STREET
WILLITS, CALIFORNIA
* * * * * * * *
February 11, 2009* * * * 7:00 p.m.
1. OPENING MATTERS
a) Call to order;
b) Pledge to flag;
c) Roll Call
2. PUBLIC MATTERS
None
3. PUBLIC COMMUNICATIONS – Council welcomes participation in its meetings. Comments shall be limited to five minutes per person so that everyone may be given an opportunity to be heard. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request that a spokesperson be chosen by the group. This item is limited to matters under the jurisdiction of the City Council which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. No action shall be taken.
4. CONSENT CALENDAR – Matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion.
ACTION RECOMMENDED
A. City Council Minutes of 1/28/09———————Approve
B. Warrants #11919-12007 = $543,681.92————————-Approve
C. Purchase of 100HP Raw Water Pump—————————-Approve
D. Appointments to Airport Commission —————————-Approve
E. Appointment to Cultural Arts Commission————————Approve
F. Approve Amendment No. One to the Solid Wastes of
Willits Franchise Agreement, and thereby Approving an
“One-Year” Rate Adjustment Increase Due to Fuel Cost
and other Technical Language———————————Approve
G. ABC Application for the Willits Circle K/Shell Station————-Receive
5. RIGHT TO APPEAL – Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to 90 days the time within which the decisions of the City boards and agencies may be judicially challenged.
6. COMMISSIONS, AGENCIES AND AUTHORITIES
None
7. OLD BUSINESS
None
8. CITY MANAGER REPORTS AND RECOMMENDATIONS
A. Discussion and Possible Action Approving Contract with Capability Brown Landscaping for Installation of Rainwater Catchment System at the Mendocino County Willits Integrated Service Center
B. Discussion and Possible Action Related to Amending Chapter 14.90 of the Willits Municipal Code in order to Declare Water Storage Emergencies under Extraordinary Circumstances
C. Discussion and Possible Action to Form an Ad Hoc Committee of the Willits City Council for the Purpose of Studying and Recommending Actions Relative to the Willits Bypass Project
D. Discussion and Possible Action of the Water Project Priority List as Prepared by the Staff Water Task Force
E. Discussion and Possible Action to Extend Contract Suspension with Cupples & Sons, Inc. on the Willits Kids Club Project
F. Discussion and Possible Action Awarding Contract for Professional Services to Willow Basin Engineering for Commercial and Central Streets Rehabilitation
G. Other Reports – Oral/No Action
9. DEPARTMENT RECOMMENDATIONS
A. Police Chief
B.City Planner
C. City Attorney – Review and Approval of Draft “Tolling Agreement” between the
City of Willits and the County of Mendocino Concerning Property Tax Administration
Fees
D. Public Works Director
E. City Engineer
F. Finance Director
10. CITY COUNCIL AND COMMITTEE REPORTS
A. MCOG
B. LAFCO
C. MTA
D. REVIT-ED COMMITTEE
E. MSWMA-JPA
F. ECONOMIC DEVELOPMENT & FINANCING CORP. (EDFC)
G. LEAGUE OF CALIFORNIA CITIES
H. WATER RESOURCES COMMITTEE
I. SEWER SYSTEM COMMITTEE
J. EXPLORATION OF POTENTIAL ENERGY SOURCES AD HOC COMMITTEE
K. SHERWOOD VALLEY RANCHERIA CASINO PROJECT AD HOC COMMITTEE
L. NCRA LIAISON AD HOC COMMITTEE
M. OTHER COMMITTEE REPORTS
11. COUNCIL MEMBER REPORTS AND RECOMMENDATIONS
12. ENACTMENT OF ORDINANCES
A. Next Ordinance: 2009-02
B. Next Resolution: 2009-04
C. Next Planning Commission Resolution: 2009-01
D. Next Community Development Agency Resolution: 2009-01
13. GOOD & WELFARE
14. CLOSED SESSION NOTICE
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One Claim
15. ADJOURNMENT
NOTE: The meeting room is wheelchair accessible and disabled parking is available. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact Marilyn Harden at (707) 459-7120 or FAX (707) 459-1562. Requests for such modifications or accommodations must be made at least two full business days before the start of the meeting.
NOTE: Materials related to an item on this Agenda submitted to the Willits City Council/ Planning Commission/Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits during normal business hours.