City Council Minutes of December 10, 2008 – click here -

Willits City Council 7:00 p.m.

111 East Commercial Street Wednesday

Willits, California December 10, 2008

Mayor Holly Madrigal 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 Greg Kanne, Tami Jorgensen, Karen Oslund, Larry Stranske, and Mayor Holly Madrigal

Also present were staff members 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.

PROCLAMATION DESIGNATING DECEMBER 14-20 AS “LOCAL FIRST WEEK” – Mayor Madrigal read the Proclamation designating December 14-20, 2008 as “Local First Week” and presented it to Lynn Kennelly, Director of the Willits Chamber of Commerce.

CERTIFICATES OF APPRECIATION TO CHAMBERLAIN CREEK CREW – Mayor Madrigal presented certificates of appreciation to the Chamberlain Creek Conservation inmates and Sgt. L. Rodriguez for their efforts and assistance at the annual Thanksgiving Dinner.

RESOLUTION 2008-47 DECLARING RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 4, 2008 – Motion Kanne/2^nd Stranske and unanimous vote to adopt Resolution 2008-47 Declaring Results of the General Municipal Election of November 4, 2008. Mayor Madrigal then presented plaques to outgoing Council members Karen Oslund and Tami Jorgensen.

SWEARING IN OF NEW COUNCIL MEMBERS – Newly elected Council members Bruce Burton, Victor Hanson and Holly Madrigal were sworn in by City Clerk Marilyn Harden.

ELECTION OF MAYOR & VICE MAYOR – Motion Kanne/2^nd Madrigal and roll call vote, motion failed (YES-Kanne, Madrigal; NO-Hanson, Burton, Stranske) to elect Holly Madrigal as Mayor. Motion Kanne/2^nd Burton and unanimous roll call vote to elect Larry Stranske as Mayor. Motion Hanson/2^nd Madrigal and unanimous roll call vote to elect Bruce Burton as Vice Mayor.

RECEIVE REPORTS OF AUDITORS ON BASIC FINANCIAL STATEMENTS FOR FISCAL YEARS ENDED JUNE 30, 2006 AND JUNE 30, 2007 – Acting Finance Director Joanne Cavallari advised that R. J. Ricciardi, Inc. had completed and submitted audits of the City’s Basic Financial Statements for fiscal years ending June 30, 2006 and June 30, 2007. Michael O’Connor of R. J. Ricciardi, Inc. reviewed the two audits, noting negative balances in certain City funds and that both audits received an unqualified opinion. There was Council discussion on slow turn-around time for these audits and City Manager Cayler indicated it was mainly due to staff turnover. Motion Burton/2^nd Hanson and unanimous vote to accept Basic Financial Statements for Fiscal Years Ending June 30, 2006 and June 30, 2007.

RESOLUTION 2008-48 RELOCATING LOADING ZONE ON WOOD STREET – Public Works Director Dave Madrigal advised that traffic circulation and safety on Wood Street and the immediate surrounding vicinities had been evaluated by the City’s Traffic Safety Committee, Engineering Department and Whitlock and Weinberger Transportation, Inc., an independent traffic engineering firm as well as receiving input from our local fire department. He then reviewed the proposed changes that relocated loading zone and established additional red curb areas. Martin Raab of Ron’s Old Beauty Shop spoke in opposition to red curbing the two parking spaces in front of his business. John Bixler, owner of the J D Redhouse suggested moving the loading zone further west. Jolene Carrillo spoke to the unsafe condition and visibility when turning onto Wood Street and then needing to back up due to blockage of trucks loading in area. Public Works Director Madrigal advised that safety was a number one concern when considering the proposed changes. Council then had discussion on whether to red curb the parking places in front of Ron’s Old Beauty Shop. Motion Burton/2^nd Kanne and unanimous roll call vote to adopt Resolution 2008-48 Relocating Loading Zone on Wood Street and leaving parking places in front of Ron’s Old Beauty Shop.

PUBLIC COMMUNICATIONS – Mayor Stranske read the public communication guidelines. Bear Kamaroff invited the community to attend the annual Toy Run this Sunday at the Grange to benefit the annual needy children’s Christmas program. Tom Woodhouse thanked the participants of the recent cleanup day and noted that cleaning up the community made for a safer community. Woodhouse also discussed the needs of the City’s water system, sewer system and streets, and that red zones and pedestrian zones needed to be repainted.

CONSENT CALENDAR ACTION TAKEN

A. City Council Minutes of 11/12/08 Approved

B. Payment of Warrants #11468-11506 = $70,247.92 Approved

C. RESOLUTION 2008-45 Governing Employer-Employee Relations Approved

D. Professional Services Contract with PMC for Completion of 2009 Approved

Housing Element Update at a cost of $29,495

E. Authorization for Mayor to Sign a Letter of Support for a Shift in Approved

Community Development Commission’s Public Housing Program

to a Project-Based Voucher System

F. RESOLUTION 2008-46 Accepting Completion of Punch List Items Approved

For the Water Main Replacement Project, Phase I, Project No.

2007-03A (Duran Construction) and Authorizing Filing Notice of

Completion

I. Payment of Warrants #11507-11577 = $786,616.87 Approved

Motion Kanne/2^nd Madrigal and unanimous vote to approve Consent Calendar, items A through F and I.

CONTRACT FOR PROFESSIONAL SERVICES WITH LEVENTHAL, SCHLOSSER, NEWBERGER ARCHITECTS FOR COMPLETION OF PLANS AND SPECIFICATIONS FOR HAEHL CREEK TRAIL PROJECT – City Manager Cayler advised that he would be reducing the insurance requirements from $2 Million to $1 Million due to the reduced risk for this project design. A motion made by Madrigal/2^nd Kanne to approve contract with Leventhal, Schlosser, Newberger Architects to complete plans and specifications for the Haehl Creek Trail Project, for the not to exceed amount of $13,000 was withdrawn by makers. Council members discussed concerns if funds were coming out of Redevelopment, cost on future maintenance needs, and liability. The matter was tabled.

CONTRACT FOR PROFESSIONAL SERVICES WITH COMPUTER WORKS OF UKIAH TO PROVIDE IT SERVICES – Council member Hanson inquired as to whether some local businesses could do the business. City Manager Cayler advised that Computer Works of Ukiah had been providing IT services and if City does competitive bid process, the Finance Department would have special requirements. Motion Burton/2^nd Madrigal and unanimous vote to approve a Contract for Professional Services with Computer Works of Ukiah to provide IT services to June 30, 2009.

RIGHT TO APPEAL – Mayor Stranske read the guidelines for appealing Council decisions.

ADJUSTMENT OF COLLECTION RATES AND AMENDMENT TO FRANCHISE AGREEMENT WITH SOLID WASTE OF WILLITS – City Manager Cayler noted this item was held over from the 11/12/08 Council meeting. Jerry Ward, President of Solid Waste of Willits (SWOW), spoke to his request for a 2.27% increase in collection rates to offset recent increase in the cost of fuel and an amendment to the franchise agreement which would permit rate adjustments reflecting fuel cost changes (COFA) to be approved by the City Manager as is now the case with cost of living adjustments (COLA). Ward requested that the City consider an amendment to Paragraph 6 of the franchise agreement that 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 here, 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’.” Council then had a discussion on past increases, number of SWOW customers, and concern if COFA is approved. Tom Woodhouse spoke to the high quality of business and services provided by SWOW. Perri Kaller of REDI spoke in support of the COFA. Emmet Jones, financial consultant for SWOW, encouraged the council to support the COFA for SWOW. Council member Burton indicated he was not in favor of the COFA but would be in favor of a one time only rate increase for fuel cost of 2%. Motion Kanne/2^nd Madrigal and roll call vote, motion failed, No-Hanson, Burton, Stranske; Yes-Kanne, Madrigal, to (1) approve Solid Waste of Willits rate increase of 2.27% for fuel cost, (2) approve language in Franchise Agreement to allow fuel cost changes (COFA), (3) approve amendment to Paragraph 6 and 6(A)1 of the Franchise Agreement that the rates in Exhibit B are the maximum rates and that Solid Waste of Willits may charge no greater than collection and recycling rates, and (4) authorize the City Manager to execute said Amendment to the Franchise Agreement upon approval as to form by the City Attorney. Motion Burton/2^nd Hanson and roll call vote carried, No.-Madrigal, to (1) approve a “one time” only rate increase of 2.00% for fuel cost for Solid Waste of Willits, and (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.

LEASE WITH FRONTIER DAYS, INC. – Motion Burton,2^nd Hanson and unanimous vote to approve Lease with Willits Frontier Days, Inc.

RESOLUTION 2008-49 IMPOSING A PHASE II WATER EMERGENCY -City Manager Cayler stated that the City Council took action at their November 12, 2008 meeting to terminate emergency water restrictions justified by what appeared to be the arrival of seasonal rains. However, Cayler noted there has been no more significant rainfall since that time and the reservoir levels have decreased slightly. Cayler advised he was hopeful for rains in the coming week, otherwise the City would have to go to a Phase III water emergency. Water Plant Supervisor Denny Caine provided a chart indicating unaccounted water for the years 2006, 2007 and 2008, and noted that the completion of the Main Street waterline project and repair of water leaks had provided a dramatic decrease in water use. Motion Burton/2^nd Kanne and unanimous vote to adopt Resolution 2008-49 Declaring a Phase II Water Emergency.

AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES WITH KENNEDY/JENKS CONSULTANTS FOR ADDITIONAL SERVICES FOR THE DESIGN AND CONSTRUCTABILITY REVIEW OF STAGE II AND III OF THE WASTEWATER TREATMENT PROJECT – City Manager Cayler advised Kennedy/Jenks (K/J) Consultant has been under contract to provide engineering services for the Stage II and III of the Wastewater Improvement Project, and that under the proposed amendment, K/J will prepare a design and constructability review of the 90% design submittal prepared by SHN Engineering. Cayler noted a Sewer Task Force has been formed with City staff to provide for better communications on this project. City Engineer Tom Mannatt provided an update on project, explained they were waiting for cost figures from M J Construction Consulting for comparison purposes with the SHN Engineering cost figures, that they anticipated additional costs for project with possibility that project would have to be down sized, that they were now requesting SHN Engineering to provide the 90% design submittals, that SHN Engineering could not proceed unless there is a review of the 90% design plans and specifications, and that additional costs would be incurred for each month of delay. Council discussed additional cost of proposed project and whether Water Quality Control Board would lift present “cease and desist” order after project is completed City Engineer Mannatt responded that unfortunately there were no guarantees. Motion Madrigal/2^nd Hanson and unanimous roll call vote to approve Amendment to Contract for Professional Services with Kennedy/Jenks Consultant, Inc. in an amount of $70,000, in a total contract amount not to exceed $272,997, for additional services for the design and constructability review of Stage II and III of the Wastewater Treatment Project, and upon the approval as to form by the City Attorney, and authorize the City Manager to execute same.

OTHER CITY MANAGER REPORTS

City Manager Cayler reported that:

1. he had been in contact with the North Coast Rail Authority and they would like to meet with the City’s ad hoc committee on January 14^th.

2. they had a meeting with Caltrans regarding the bypass and right-a-way acquisition around the sewer plant. Further, Charlie Fielder of Caltrans would like to have meeting to discuss bypass and relinquishment of 101. Council members discussed and felt it was important to have the entire council at this meeting.

3. comments for the Remco Negative Declaration are due to by January 5^th. City Attorney Lance noted that Earl James of EKI will be assisting us on this.

4. the Quail Meadows sewer lift station is presently operating with one pump and would like to have a special council meeting on December 17th to authorize an emergency purchase of for the repair and rehabilitation of the lift station, the Mayor’s committee assignments, and Closed Session on the Sanchez matter that was pulled from tonight’s meeting.

DEPARTMENT RECOMMENDATIONS

Police Chief Gerry Gonzalez reported he attended the police academy graduation ceremony of Jason Long and Ryan Hutts; they continue to tow vehicles out of City parking lots; he was waiting for a decision as to who would be the hearing the City’s parking citation cases before having contractor start writing citations; Officer Karen Harris will be taking her school resources training; met with Caltrans to discuss location of vehicles during road closures, and they were still dealing with transient problems.

City Attorney Jim Lance reported they would be doing a workshop on the Brown Act, preferable around noon time; that the Sanchez matter would be discussed in Closed Session on December 17^th , and if appropriate, the contract for the Haehl Creek Trail Project.

Public Works Director Dave Madrigal reported that the Chamberlain Creek crews have completed working in the storm ditches and ballfields; provided an update on the removal of UST tank on the Page property and Kids Club project; that Caltrans had authorized proceeding with the Railroad Avenue bridge; and that the relinquishment of Main Street by Caltrans was being discussed by the Revit-ED Committee and other members in the community; in response to Council member Madrigal, will check on big chuck of concrete in front of Ardella’s, and discussed work happening on Mariposa Market.

City Engineer Tom Mannatt reported on curb and gutter work being on Redwood Avenue and Popular, discussed problems with Quail Meadows sewer lift station and need for emergency action; and provided update on Davis Creek crossing.

Acting Finance Director Joanne Cavallari reported her number one priority was getting the 2008 audit completed, would be gearing up for the mid-year budget review, and expressed concern that 3^rd quarter sales tax revenue would be down.

CITY COUNCIL AND COMMITTEE REPORTS

REVIT-ED COMMITTEE – Council member Madrigal reported they discussed the relinquishment of 101 by Caltrans and that local citizens were meeting on their own to discuss this issue.

FRONTIER DAYS AD HOC COMMITTEE – Council member Kanne advised that they had finalized agreement with Frontier Days. City Attorney Lance indicated that this ad hoc committee could now be deleted from the agenda.

EXPLORATION OF POTENTIAL ENERGY SOURCES AD HOC COMMITTEE – Council member Kanne reported on the ribbon cutting ceremony for the solar project at the watershed.

NCRA LIAISON AD HOC COMMITTEE – Council member Madrigal inquired if this committee could also be deleted. Code Enforcement Officer John Sherman advised against deleting this committee as there were still ongoing right-of-way issues.

INTRODUCTION OF ORDINANCE AMENDMENT CHAPTER 12.32, ENTITLED “PARKS” OF THE WILLITS MUNICIPAL CODE – City Attorney Lance advised he had been working with Police Chief Gonzalez on the curfew hours and the possibility that a dog park may be established in the future. Motion Madrigal/2^nd Kanne and unanimous roll call vote to introduce Ordinance Amending Chapter 12.32, Entitled “Parks” of the Willits Municipal Code.

GOOD & WELFARE

Council member Madrigal advised she had attended the recent tree lighting ceremony at Babcock Park. She also congratulated Mayor Stranske on his newly elected position as Mayor and that she enjoyed her past year serving as Mayor.

11:35 p.m. Motion Burton/2^nd Hanson and unanimous vote to adjourn.

_______________________________

Larry Stranske, Mayor

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Marilyn J. Harden, City Clerk