City Council Minutes of January 14, 2009 – click here -
Willits City Council 7:00 p.m.
111 East Commercial Street Wednesday
Willits, California January 14, 2009
Mayor Larry Stranske called a regular meeting of the City Council to order at the above time and place. The meeting was preceded by the pledge to the flag.
Roll: Present – Council Members Victor Hanson, Greg Kanne, Holly Madrigal, Bruce Burton, and Mayor Larry Stranske
Also present were staff members Community Development Director Alan Falleri, Police Chief Gerry Gonzalez, Public Works Director Dave Madrigal, City Engineer Tom Mannatt, Water Plant Supervisor Denny Caine, Acting Finance Director Joanne Cavallari, City Attorney Jim Lance, and City Manager Paul Cayler.
RESOLUTION 2009-01 ADOPTING A REVISED NONDISPOSAL FACILITY ELEMENT – Mike Sweeney, General Manager of the Mendocino Solid Waste Management Authority, advised that that the Nondisposal Facility Element (NDFE) needed to be updated due to the new recycling facilities under construction in Willits and Ukiah.
7:05 p.m. – Mayor Stranske opened the Public Hearing. No comments were received.
Motion Kanne/2nd Hanson and unanimous roll call vote to adopt Resolution 2009-01 Adopting a Revised Nondisposal Facility Element.
PRESENTATION BY CENTER FOR CIVIC PARTNERSHIPS REGARDING CALIFORNIA HEALTHY CITIES AND COMMUNITIES PROGRAM – Ms. Nicole Hara, the California Healthy Cities and Communities Program Coordinator for the Center for Civic Partnerships, gave a brief overview of their statewide program to promote and provide opportunities to improve conditions for the health and welfare of the cities of California and as well, welcomed the City of Willits as a “California Healthy City”. Community Development Director Alan Falleri advised that the Center for Civic Partnerships had awarded a $20,000 grant to the City to complete our Bicycle and Pedestrian Specific Plan.
PUBLIC COMMUNICATIONS – Mayor Stranske read the public communication guidelines. Chuck Davidson spoke in opposition to the sale of the Willits Pulse Fitness Center to the Willits Charter School noting safety concerns and effect of loss of fitness center. Melinda Clark noted benefits of using the Fitness Center and asked that if the City would be able to hold up on the sale between Fitness Center and Charter School. Bobbie Recio noted Willits Charter School was funded with taxpayer funds and spoke against sale of Fitness Center to Charter School. Walter Abramson, Barbaralee Lilker, Larry River, Judy Donaldson, Jim Schroder also spoke in opposition of the sale of the Willits Pulse fitness Center to the Willits Charter School. Police Chief Gerry Gonzalez advised that the Willits Rotary Club was having a Crabfest on January 24th.
CONSENT CALENDAR ACTION TAKEN
A. City Council Minutes of 12/10/08 and 12/17/08 Approved
B. Payment of Warrants #11579-11681 = $586,444.59 Approved
C. Building Inspection Activity Report – November 2008 Accepted
D. Warrants # 11682-11817 = $438,270.53 Approved
Item 4-E was pulled. Motion Madrigal/2nd Hanson and unanimous vote to approve Consent Calendar items A through D with corrections to minutes of 12/10/08 under Election of Mayor & Vice Mayor: Motion Kanne/2nd Burton and unanimous roll call to elect Larry Stranske as Mayor and Minutes of 12/17/08 to correct name of Holly Madrigal under Mayor’s Committee Appointment.
PROFESSIONAL SERVICES CONTRACT WITH PMC FOR COMPLETION OF BICYCLE AND PEDESTRIAN SPECIFIC PLAN – Community Development Director Falleri advised that City staff had applied for and was awarded a grant in the amount of $20,000 from the Center for Civic Partnerships to help complete a Bicycle and Pedestrian Specific Plan for the City. Falleri noted that PMC had completed a portion of the work already under a previous contract and had done outstanding work in completing previous projects for the City. Council member Burton asked if PMC would make their payments contingent upon available funds. City Manager Cayler understood that these grant funds were not frozen and that grant period is due the end of June 2009. Council member Burton indicated he would like to table this project. Public Works Director Dave Madrigal and City Attorney Jim Lance spoke to the termination clause in the proposed contract. Jim Hesly inquired about possible bad weather conditions for the proposed contract and was advised by the Council that this was a professional services contract not a construction contract. Motion Kanne/2nd Madrigal and vote carried, NO-Hanson and Burton, to approve Contract for Professional Services with PMC for completion of bicycle and pedestrian specific plan at a cost of $20,000, and authorize execution of same.
RIGHT TO APPEAL – Mayor Stranske read the guidelines for appealing Council decisions.
RECONSIDERATION OF ACTION TAKEN BY THE CITY COUNCIL ON DECEMBER 10, 2008, AND APPROVAL OF AMENDMENT TO SOLID WASTE OF WILLITS FRANCHISE AGREEMENT AND A ONE YEAR 2% FUEL RELATED INCREASE – Motion Burton/2nd Hanson and unanimous roll call vote to reconsider action taken by the City Council on December 10, 2008 on Amending the Solid Waste of Willits (SWOW) Franchise Agreement and Approving a One-Time 2% Fuel Related Increase. Jerry Ward, President of Solid Waste of Willits, wanted a legal opinion on the interpretation of the language “or at the next meeting” for reconsideration in the City’s rules of meeting procedures and felt it should have been reconsidered at the Special Council meeting on December 17th. City Attorney Jim Lance explained how it was the most reasonable interpretation for the reconsideration to be at the next regular council meeting. City Manager Cayler suggested an ad hoc committee be established that would undertake direct negotiations with SWOW in order that a complete resolution would be developed prior to any further City Council action. In response to Jerry Ward’s comments on the reconsideration rules, City Attorney Lance indicated he will be proposing to amend them along with other items in the City’s rules of meeting procedures. Motion Burton, 2nd Kanne and roll call vote carried (NO-Madrigal) to (1) approve a rate increase of 2.00% for fuel costs for a one year period for Solid Waste of Willits, and that the rate roll back in one-year be based on the absolute value of the rate adjustment as effective January 1, 2009; (2) approve amendment to Paragraph 6 of the Franchise Agreement wherein the provision regarding rates would read: “The maximum rates which contractor shall charge for collection and recycling services described herein shall be those rates specified in Exhibit B attached hereto and incorporated herein, which rates may be adjusted pursuant to the provisions described in paragraph 7 herein, below.”, and that Paragraph 6(A)1 be amended to read: “Contractor shall provide the services described in this contract and be compensated by its customers at rates no greater than specified in Exhibit B, “Rate Schedule”., and (3) authorize the City Manager to execute said Amendment to the Franchise Agreement upon approval as to form by the City Attorney.
ESTABLISHING INSURANCE LIMITS WAIVER CRITERIA AND AUTHORIZE THE CITY MANAGER TO REDUCE INSURANCE LIMITS WHEN APPLICABLE – City Manager Cayler advised that he was asking the Council to provide criteria for reducing the present $2 Million Dollar general liability and auto insurance limits on contracts and agreements that would serve as general guidelines for the City Manager and Risk Manager and grant the City Manager the authority to reduce the insurance limits when applicable. Motion Kanne/2nd Madrigal and unanimous roll call vote to authorize the City Manager to impose and modify the City of Willits’ general liability and auto insurance limits according to the following criteria:
$2 Million Dollar Insurance Limit Required: Activities where heavy equipment, roofing, electricity, and/or excavation work is being done for construction, or where high traffic demand, frequent pedestrian travel, security of the site and/or use of large equipment or heavy equipment for a prolonged time period during an encroachment presents a significant risk exposure.
$2 Million Dollar Insurance May be Reduced to $1 Million Dollars: Encroachment projects completed in one day wherein Contractor is on-site for the entire project duration thereby having fully control of job at all times, projects with no large machinery or equipment operated in the vicinity of the job site, projects that preclude pedestrian access to sidewalk/curb for prolonged periods of time, and/or projects not in street where there is potential for frequent foot or vehicle travel. The City may also reduce limits for City sponsored remodeling projects including sheetrock, painting, windows, and minor framing, electrical and plumbing, and professional service agreements including design, legal, accounting, information technology, and general administrative services.
$2 Million Dollar Insurance May be Reduced Below $1 Million Dollars in extraordinary circumstances.
ESTABLISHMENT OF A JOINT SEWER COMMITTEE BETWEEN THE CITY OF WILLITS AND THE BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT – City Manager Cayler discussed the purpose of forming a Joint Sewer Committee with Brooktrails Commuity Services District. Cayler proposed that the City Council appoint the present Sewer System Committee members, Mayor Larry Stranske and Council Member Bruce Burton, to serve on the joint committee, that this joint sewer committee operate as a standing committee and that the City’s Sewer System Committee would have a meeting prior to the first Joint Sewer Committee. Motion Madrigal/2nd Kanne and unanimous vote to (1) approve formation of a Joint Sewer Committee between the Willits City Council and the Brooktrails Township CSD Board of Directors; (2) appoint Mayor Stranske and Council member Burton to serve as the City’s representatives on the Joint Sewer Committee; (3) that the Joint Sewer Committee is being formed for the purpose of conducting wide ranging talks between the two jurisdictions on all matters related to the sewer system, including, but not limited to, the Wastewater Treatment Plant Project, collection system inflow and infiltration, and contractual agreements between the two jurisdictions; (4) that the Joint Sewer Committee shall operate as a standing committee; and (5) The City Sewer System Committee shall schedule and conduct a meeting prior to setting the first Joint Sewer Committee.
9:00 p.m. Council recessed.
9:10 p.m. Council reconvened.
APPOINTMENT OF TWO COUNCIL MEMBERS AS REPRESENTATIVES TO ATTEND “ALL-CITIES MEETING” – City Manager Cayler advised he had received a letter from the Mayor of Fort Bragg proposing that Fort Bragg sponsor representatives from Mendocino County’s incorporated cities to gather as an ad hoc committee to discuss issues of mutual interest. Council member Burton felt that the Mayors/Manager Meetings should cover these matters. Motion Madrigal/Kanne and vote carried, NO-Burton, to appoint Mayor Stranske and Council member Madrigal as an ad hoc committee to participate in an “All Cities Meeting” sponsored by the City of Fort Bragg.
ADDENDUM TO CUPPLES & SONS, INC. CONTRACT FOR TEMPORARY SUSPENSION OF WILLITS KIDS CLUB PROJECT – City Manager Cayler indicated that City received notice that the State Department of Parks and Recreation, Office and Grants and Local Services (OGALS) had frozen $1,455,150 in grant funds for the Willits Kids Club Project, Swimming Pool, Skate Board Park, and Ball Fields. Cayler noted that (1) the current contract amount with Cupples & Sonc, Inc. was $1,291,634 that included change orders, (2) $459,150 already awarded to the project was not available at this time. project was 78% done. (5) that due to State budget crisis, staff was requested that the Council move forward with a 30 day suspension on the contract. He then discussed Addendum Number One to the Kids Club Construction Contract noted that there probably be extra costs associated with mobilization, and has been in contact with our legislators to extend the July 30, 2009 grant deadline for the project. Council had discussion on funding sources for project, why delay in receiving grant funds for skateboard park project, cash available for City due to non-reimbursement, costs involved in winterizing/buttoning up project and exact suspension date. Acting Finance Director Joanne Cavallari explained how certain City funds were being affected by frozen grant funds and described cash shortfalls. James Hesly expressed concern of building not being properly winterized prior to suspension of project. Eric Glassey, President of the Willits Kids Club, spoke possible liability issues of an unsecured building and encouraged Council to have contractor completely enclose it. Council then directed Public Works Director Madrigal to call contractor to find out how long it would take them to complete siding. Council moved to next item.
10:40 p.m. Public Works Director Madrigal reported he was able to get a hold of contractor and that the contractor would like to the end of next week to complete siding and finish doors to secure building. City Attorney Lance advised that appropriate changes would be made to Addenum and this item would be coming back to the Council at their first meeting in February. Motion Burton/2nd Hanson and vote carried, NO-Kanne and Madrigal, to approve an Addendum to Cupples & Sons, Inc. Construction Contract to suspend the Willits Kids Club Project on January 16, 2009 and secure the building and have City Attorney Lance and Public Works Director make appropriate changes to Addendum.
RESOLUTION 2009-02 FINDING THAT AN EMERGENCY EXISTS AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO SELECT A CONTRACTOR AND TO EXECUTE A CONTRACT ON BEHALF OF THE CITY FOR THE REPAIR OR REPLACEMENT OF PORTIONS OF THE MAIN WATER LINE AND INSTALLATION OF A WATER BYPASS SYSTEM AT THE EAST HILL ROAD BRIDGE CROSSING OF DAVIS CREEK WITHOUT A COMPETITIVE SOLICITATION OF BIDS – City Manager Cayler explained that the main water line which conveys the City’s water from the Water Treatment Plant at the Morris Reservoir to the main three million gallon storage tank on Baechtel Hill is badly misaligned where it is suspended from the East Hill Road Bridge at the Davis Creek crossing and is in danger of catastrophic failure. Cayler advised that the repair must be executed during the winter months of January and/or February because this period is the City’s lowest water usage period and reviewed a proposed project schedule. City Engineer Tom Mannatt indicated their readiness and that the material was ordered and they were only in need of a qualified contractor that would be capable of meeting the time requirements to complete the project. Tom Herman of SHN Engineering encouraged the City to do project and indicated that SHN would be glad to offer any assistance. Council member Hanson expressed concern of compression on pipe and asked staff to monitor. Motion Hanson/2nd Madrigal and unanimous vote to adopt Resolution 2009-02 Finding that an Emergency Exists and Delegating to the City Manager the Authority to Select a Contractor and to Execute a Contract on Behalf of the City for the Repair or Replacement of Portions of the Main Water Line and Installation of a Water Bypass System at the East Hill Road Bridge Crossing of Davis Creek without a Competitive Solicitation of Bids.
AMENDMENT OF CONTRACT WITH LNS WELDING ON DAVIS CREEK CROSSING WATER LINE – Motion Madrigal/2nd Hanson and unanimous roll call to vote amend agenda to add item of approval of Amendment of Contract with LNS Welding for additional work and extension of contract that came after the posting of the agenda and is an urgency item that needs to be taken up at this meeting. City Manager Cayler indicated contractor was requesting $2,230 for additional work that will be required and to extend the contract termination date. Cayler noted that the contract deadline would need to be past the completion date of the replacement/repair of the Davis Creek crossing water line replacement. Motion Madrigal/2nd Hanson and unanimous roll call vote to approve amendment to contract with LNS Welding for additional work on the Davis Creek crossing project in the amount of $2230 and authorize the City Manager to extend the contract date past the completion of the replacement of the main water line at the East Hill Road Bridge crossing of Davis Creek.
OTHER CITY MANAGER REPORTS
City Manager Cayler reported:
1.he had met with Roland Stanford of the Mendocino County Water Agency regarding the City/County cooperation on using the Boy Scout Lake as a source for an water emergency.
2.he would be meeting with the Shafer Ranch Road residents regarding water meter issue on February 3rd at 5:30 p.m.
3.third quarter sales tax was down slightly and that he had met with representative of Muni Service who assists the City in the projection of sales tax.
4.he and Mayor Stranske had met with representatives of Metal f/x in efforts to keep this manufacturing firm in our community.
5.he had attended a presentation on the Remco Remediation Project and that the City had transmitted a letter to the Regional Water Quality Board that the City had no comments to their hearing on the Remco site.
6.he would be taking off February 17th and 18th as well as April 17th.
7.he is continuing to work with the Solar Array Company to get their information on the City’s website.
8.he would be trying to get an Administrative Progress Report out next week.
DEPARTMENT RECOMMENDATIONS
Police Chief Gerry Gonzalez reported that Officer Karen Harris is back working at the schools as the grant obtained by the School District for this program was not frozen by the State, that he attended a meeting with Sheriff and Police Chiefs in County regarding mental health closing its office in Willits and problems associated with this closure; that they continue to get transient calls, there had been an increase in burglaries, and commended Animal Control on handling their recent dog issue.
Community Development Director Alan Falleri reported that he received information from ICLEI that new CEQA guidelines are coming; handed out information on the upcoming BALLE Conference scheduled for May in Denver, noted that deadline to receive discount rate is this Friday and that there are funds available to send two council members, and is working with Human Resources on getting a Water Conservation Specialist.
City Attorney Jim Lance reported he has been in contact with the attorney of the Sherwood Rancheria and they are not ready to make a sizeable deposit for sewer and water hookups but he would be willing to meet with Sherwood Rancheria representatives if they authorized paying his fee.
Public Works Director Dave Madrigal reported, in response to Council inquiry, that they were not sure what was going on with water leak on East Valley Street.
City Engineer Tom Mannatt reported they have started the design for Phase II of the Main Street Waterline Project; that SHN Engineering was going to provide them with copies of their plans and specs for review on Phase II and III of the wastewater treatment project and as well, Kennedy/Jenks would also be reviewing; and that they are still moving along with schedule on Phase I.
Acting Finance Director Joanne Cavallari reported that auditors were coming January 27 and they hoped to have 2008 audit completed by middle of March. City Manager Cayler indicated they would be doing a mid-year budget review at the next Council meeting and would also be attending a Regional Water Quality meeting related to the Federal economic stimulus package as it related to the Small Communities Grants.
CITY COUNCIL AND COMMITTEE REPORTS
MSWMA – Council member Hanson reported he attended his first meeting and that they were trying to promote businesses to recycle.
LEAGUE OF CALIFORNIA CITIES – Mayor Stranske reported that the Empire Division meeting is scheduled for January 30th in Willits.
WATER RESOURCES COMMITTEE – Mayor Stranske reported on recent meeting and commended City Manager Cayler on his power point presentation.
SEWER SYSTEM COMMITTEE – City Manager Cayler reported he would establish date for next committee meeting.
NCRA LIAISON AD HOC COMMITTEE – City Manager Cayler reported he was trying to meet with Chris Neary, NCRA’s attorney, and will contact Mr. Neary at their next Board meeting in Willits.
COUNCIL MEMBER REPORTS AND RECOMMENDATIONS
Council member Madrigal indicated she would like to have an item on the February 11th Council agenda establishing a Caltrans committee.
ORDINANCE 2009-01 AMENDING CHAPTER 12.32, ENTITLED “PARKS” OF THE WILLITS MUNICIPAL CODE – Motion Hanson/2nd Madrigal and unanimous roll call vote to adopt Ordinance 2009-01 Amending Chapter 12.32, Entitled “Parks” of the Willits Municipal Code. Council member Burton indicated he would like to see a policy to direct the City Manager to delete an obsolete ordinance when adopting a new ordinance.
GOOD & WELFARE
Council member Madrigal reminded everyone that the “Sip Some Soup” is this Saturday night.
11:25 p.m. Motion Hanson/2nd Kanne and unanimous vote to adjourn.
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Larry Stranske, Mayor
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Marilyn Harden, City Clerk