City Council Minutes of February 11, 2009 – click here -
Willits City Council 7:00 p.m.
111 East Commercial Street Wednesday
Willits, CA 95490 February 11, 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, Finance Director Joanne Cavallari, City Attorney Jim Lance, and City Manager Paul Cayler.
PUBLIC COMMUNICATIONS – Mayor Stranske read the public communications guidelines. Tom Woodhouse reported on the success of the Super Bowl cleanup effort in the community. Woodhouse also indicated he would like to do something for the local vagrants, suggested having volunteers fix up a senior’s home in the community, and spoke to the need to repaint some of the crosswalks. Mayor Stranske expressed his appreciation to staff and the contractor for the quick turn-around time in completing the Davis Creek Crossing project.
CONSENT CALENDAR ACTION TAKEN
A. City Council Minutes of 1/28/09 —————————————-Approved
B. Warrants #11919-12007 = $543,681.92———————————Approved
C. Purchase of 100HP Raw Water Pump for Water Plant at a cost of———Approved
$28,927
D. Appointments of Richard Johnson and Banning Galten to Airport———–Approved
Commission
E. Appointment of Sheri Howe to the Cultural Arts Commission—————Approved
F. Amendment No. One to the Solid Wastes of Willits Franchise Agreement—Approved
and Approval of an “One-Year” Rate Adjustment Increase Due to Fuel
and Other Technical Language
G. ABC Application for the Willits Circle K/Shell Station———————–Approved
Motion Madrigal/2nd Kanne and unanimous vote to approve Consent Calendar, Items A through G, with corrections to 1/28/09 Council minutes changing “citizen complaints” to “citizen comments” on last sentence under Public Communications and changing “suggested complaint form” to “suggested citizen comment form” under Council Member Reports and Recommendations.
RIGHT TO APPEAL – Mayor Stranske read guidelines.
CONTRACT WITH CAPABILITY BROWN LANDSCAPING FOR INSTALLATION OF RAINWATER CATCHMENT SYSTEM AT THE MENDOCINO COUNTY WILLITS INTEGRATED SERVICE CENTER – Community Development Director Alan Falleri indicated that the Community Development Department in a joint effort with North Coast Opportunities, Willits Economic Localization and Willits Action Group applied for and was awarded a grant from the California Pollution Control Finance Authority through their Sustainable Communities Grant and Loan Program. Falleri noted that the purpose of the grant would be to promote water conservation awareness through the creation of a comprehensive catchment and storage systems on two public ownerships, one at the Willits Integrated Service Center (WISC) site and the second would be at the Brookside School site. He further noted this could be used to demonstrate passive rainwater harvesting and storage techniques that can be applied by Willits residents to conserve water on their own properties. Falleri indicated he received four bids in response to their RFP for construction of a rainwater catchment system at the Mendocino WISC site, and after review of the proposals by staff, is recommending the proposal submitted by the low bidder, Capability Brown Landscaping (Louis Rohlick), a local contractor. David Partch, member of the steering committee, spoke in favor the project. Council members discussed possibility of using water in tank for fire purposes, questioned who was responsible for maintenance of the tank, whether the tank was secure and freeze proof, and inquired if there was any way to compare costs if City water was used. John Sherman, Code Enforcement Officer, advised that the water tanks could probably be used for fire purposes, that the Willits Action Group is responsible for maintenance of the system, that the tank would be secured so there would be no contamination, and did not anticipate any problems with freezing. David Partch stated costs could be amortized over a number of years as rain catchment, not inexpensive, would give you water security. Motion Kanne/2nd Hanson and unanimous vote to approve construction contract with Capability Brown Landscaping for construction of the rainwater catchment system at the Mendocino County Willits Integrated Service Center, for the not to exceed amount of $14,911, and authorize the City Manager to execute same.
AMENDING CHAPTER 14.90 OF THE WILLITS MUNICIPAL CODE IN ORDER TO DECLARE WATER STORAGE EMERGENCIES UNDER EXTRAORDINARY CIRCUMSTANCES – City Manager Cyaler distributed graphs prepared by Water Plant Supervisor Denny Caine indicating reservoir level from 2002 to present and that current water levels were 24% lower than the at the same time last year. Cayler indicated the original ordinance adopted in June 2008 established calendar dates of February 1st, May 1st, and November 1st wherein the criteria for declaring the water emergency phase was determined by the amount of water stored in the City’s two reservoirs. He further said that in September 2008, the ordinance was amended to permit the City Council to impose a Phase III water emergency when the criteria for a Phase IV emergency was imminent as well as imposing a Phase IV emergency when criteria for a Phase V was imminent. Cayler indicated if the Council desired to go to a Phase III emergency in March 2009, it was uncertain whether the May 1st criteria was “imminent”. He noted staff concerns that (1) if the City waited to take action until the May 1st date, critical water storage and time resources would be lost, (2) going by the numbers set in the ordinance without use of some judgment and risk tolerance would be very costly later this year if there was no significant rainfall in that period; and (3) that staff is recommending the City Council consider amending the ordinance to permit the next water emergency phase to be declared in March or April 2009, so that a more restrictive water emergency phase may be imposed should weather conditions continue to be dry prior to May 1st. Water Plant Supervisor Caine provided a response to Council’s questions on when splash boards at both reservoirs were to be installed and amount of rainfall required to fill reservoirs. Motion Madrigal/2nd Kanne and unanimous vote to direct staff and the City Attorney to amend the Water Emergency Ordinance and add a Section 14.09.065 to the Willits Municipal Code as an urgency matter for adoption at the February 25th Council meeting, to permit the change of a water emergency phase based on special circumstances and/or knowledge beyond the reservoir storage criteria landmark date.
APPOINTMENT OF TWO COUNCIL MEMBERS TO A NEW CALTRANS AD HOC COMMITTEE – City Manager Cayler advised that Council member Madrigal had requested the discussion and possible formation of a Caltrans Ad Hoc Committee be placed on the February 11th Council meeting agenda. Cayler noted that there were several issues that are contained in three agreements that Caltrans desires to pursue with the City in preparation for the construction of the bypass project: (1) Freeway Agreement that documents the understanding between Caltrans and the local agency related to the planned traffic circulation features of the proposed facility; (2) Right-of-Way Agreement is for the acquisition of an aerial easement and fee title land for portions of the bypass project that goes through city-owned land near the wastewater treatment plant; and (3) the Relinquishment Agreement that involves a portion of Main Street from U.S. 101 and State Highway 20 intersection to the northern city limits that Caltrans plans to turn over to the City. He also stated that Charlie Fielder, Caltrans District 1 Director, will be at the February 25th Council meeting. Mark Suchanek, District Director of Operations of Maintenance and Traffic Operations, and Dave Kelly, Project Engineer for the Willits bypass project answered Council’s questions concerning written responses to comments on the EIR, proposed Freeway Agreement and impacts to City roads, where the fill for the project was going, discussed planned round-about and requested that City Manager Cayler forward Caltrans link on EIR information on bypass project to Council members. Supervisor John Pinches inquired where Caltrans was going to obtain their water for the project and suggested that the City’s wastewater treatment plant be retrofitted to enable use of its wastewater for the bypass project and other water uses. Dave Kelly from Caltrans indicated they were developing a water plan for the construction of the bypass that was part of their permit. Supervisor Pinches inquired if there would be a conflict of interest of committee members due to any property they owned within 1,000 feet of the project. City Attorney Lance advised the ad hoc committee would not take any action, it would only make recommendations to the Council. Tom Woodhouse indicated he and other individuals in the community would like to be a part of the relinquishment process. Mark Suchanek of Caltrans advised they are planning to repaint crosswalks in the downtown area sometime in the spring. Motion Madrigal/2nd Burton to appoint an Ad Hoc Committee of two Council members to review and make recommendations on bypass project agreements with Caltrans. Council member Burton rescinded his second. Council member Kanne seconded motion. Roll Call vote, motion failed (Yes-Kanne, Madrigal; No-Hanson, Burton, Stranske). Motion Madrigal/2nd Kanne and roll call vote carried (Yes-Madrigal, Kanne, Burton; No-Hanson, Stranske) to form a Bypass Ad Hoc Committee made up of Council Members Hanson and Burton to review and make recommendations on bypass project agreements with Caltrans.
DISCUSSION OF WATER PROJECT PRIORITY LIST AS PREPARED BY THE STAFF WATER TASK FORCE – City Manager Cayler advised that he had organized a City staff working group called the Water Task Force who had been meeting on a regular basis, had been receiving input from the City Council’s Water Resources Committee, and has developed and prioritized a list of water projects. Cayler indicated the list was broken into three lists: 1) Water Priority List; 2) Water Projects; and 3) Water Project Mandated/Required. He noted that the cost estimates listed were staff’s estimates on potential projects and were not based on any detailed engineering study. He indicated that this required no Council action but that the Water Priority List would serve as an important reference on how resources could be spent. Council then had a discussion on use of list for future stimulus packages. Perri Kaller asked if Council would be interested in contacting an engineering firm she was familiar with to assist City in development their future projects. Mayor Stranske responded that the City was already saturated with projects at the present time. Joe Colleton stated he had conversations with the Sherwood Valley Rancheria tribe who expressed frustration with the negotiations going on between the City and tribe. City Manager Cayler noted that there would probably be an updated water project list during the budget process.
9:05 p.m. Council recessed.
9:15 p.m. Council reconvened.
DISCUSSION AND POSSIBLE ACTION TO EXTEND CONTRACT SUSPENSION WITH CUPPLES & SONS ON THE WILLITS KIDS CLUB PROJECT – City Manager Cayler advised that the Council took action on January 14th to approve amendment number one with Cupples & Sons, Inc. to suspend work for a 30-day period on the Willits Kids Club Project due to the State freezing grant funds. Cayler indicated that nothing had changed since that time but staff had prepared an amendment to complete the winterization and security if the Council wanted to proceed with the project. He noted the City’s fiscal situation and recommended that no action be taken. Karen Oslund, representing the Kids Club, indicated she was not there to ask for funds but requested that City staff monitor their building on a regular basis for security and maintenance purposes. Oslund also asked the Council to make known that they supported the project that would help with their fund-raising efforts. The Council voiced their support for the project and indicated they were looking forward to the grant funds being unfrozen so the project could proceed. No action was taken by the Council.
AWARD OF CONTRACT FOR PROFESSIONAL SERVICES TO WILLOW BASIN ENGINEERING FOR COMMERCIAL AND CENTRAL STREETS REHABILITATION PROJECTS – City Manager Cayler advised that there were ½ cent sales tax funds available for street projects and that funds for this contract would come out of that fund. Cayler further advised that he had reduced the contractor’s liability insurance requirements from $2 Million to $1 Million due to the limited liability of the contract. Public Works Director Madrigal explained that the contractor would provide supplemental engineering services for completion of plans and specifications for the Commercial Street and Central Street Rehabilitation projects. Council inquired about the sole sourcing and problem if there were leaky water pipes underneath those streets. City Manager Cayler advised that we do not have to obtain bids on a professional services contract. City Engineer Tom Mannatt indicated they would be video inspecting the underground pipe prior to construction to locate any possible problems such as water leaks. Council also inquired if cost of staff time could be kept track of during construction to have a cost comparison had the City taken the complete engineering contract out to bid. City Engineer Mannatt advised that time sheets only show a percentage of time worked. Motion Burton/2nd Hanson and unanimous roll call vote to award a Contract for Professional Services to Willow Basin Engineering for engineering services for the West Commercial and Central Street Rehabilitation Projects for a not to exceed cost of $22,500, and authorized the City Manager to execute the same.
OTHER CITY MANAGER REPORTS
City Manager Cayler reported:
1. Davis Creek Waterline Project is almost completed and recognized staff and the contractor for their efforts, that SHN Engineering had contributed $10,000 towards the project and will be contributing another good neighbor $10,000 in the near future.
2. the “All-Cities” meeting was this Friday, 2/13, in Fort Bragg.
3. he sent information to the Council on the League’s Legislative Action Days scheduled for April 15th and 16th.
4. there would be a special council meeting on February 27th at noon on the Brown Act.
5. the Sewer System Committee had met, and a Joint Sewer Committee meeting with Brooktrails had been held last Monday and that there was a good exchange of ideas. He noted that the next Joint Sewer meeting was scheduled for March 9th.
6. he received a letter of a design-build authorization on the sewer project.
7. they would be amending the Animal Control Agreement at the next Council meeting.
8. they have a meeting scheduled on the Shafer Ranch matter on February 19th.
9. that he had his first employee brown bag lunch today and has scheduled these for the next two Wednesdays whereby employees come by and have lunch and discuss any items.
10. the City’s website now has a link with the Solar Array project and encouraged the public to check it out.
11. he and the City Attorney continue to meet with the one of the owners of Metal f/x on possibility of a relocation agreement.
12. County offices would be closed on February 20th, March 6th and March 20th except for the Sheriff’s office and jail.
13. City office would be closed this Monday for Presidents’ Day.
14. he would be out of the office on February 17th and 18th.
DEPARTMENT RECOMMENDATIONS
Finance Director Joanne Cavallari reported they are close to having a draft of the 2008 audit, would be having a kick-off with City staff on the 2009-10 budget on March 3rd, noted that as a result of recent water rate increase, January 2009 water revenue was up and usage down when compared to January 2008. Council member Hanson congratulated Cavallari on her recent appointment to Finance Director.
City Engineer Tom Mannatt reported on the Davis Creek Crossing project and acknowledged the contractor and staff for the work done on the project.
Public Works Director Dave Madrigal reported on the status of the “Back to School” and “Development of City Standards” MCOG grants received last year, and explained that the the problem of leaks at Commercial and Main Streets were due to old sections of waterline and would be replaced in the second phase of the Main Street Waterline project.
APPROVAL OF A DRAFT “TOLLING AGREEMENT” BETWEEN THE CITY OF WILLITS AND THE COUNTY OF MENDOCINO CONCERNING PROPERTY TAX ADMINSTRATION FEES – City Attorney Jim Lance reported that the proposed draft “Tolling Agreement between the County of Mendocino and the City attempts to address the subject of existing dispute/litigation between a group of cities and counties in Southern California related to property tax administration fees. Lance indicated the underlying basis of the disputes/litigation was that cities were claiming that the amount of property tax administration fees that have been collected by counties over the past few years were disproportionate to the amount of property tax paid to cities. He advised that: (1) without an agreement in place, the parties would face the risk that their respective claims might become barred for failing to timely file a lawsuit; and (2) with the agreement in place, the parties can simply monitor the litigation elsewhere in the state and avoid incurring the burden and expense of litigation at this time. Motion Burton/2nd Hanson and unanimous vote to approve the draft Tolling Agreement between the City of Willits and the County of Mendocino and authorize the City Manager to execute the Agreement.
Police Chief Gerry Gonzalez reported on recent money scams going on in the community, publicly acknowledged Sergeant Mike Scofield for handling the traffic control at the Jeff Smith Memorial Service, that the Con crews have been helping with cleanup at the shooting range, and that he is in the process of scheduling jail training for his officers to be State compliance. In response to Council inquiry, Public Works Director reported that he did not believe the City had to pay any Workers’ Comp costs on the Con crews.
CITY COUNCIL AND COMMITTEE REPORTS
MCOG – Mayor Stranske reported they discussed the first amendment of the regional economic stimulus package, and consideration of a policy to install bike racks throughout the County.
LAFCO – Council member Madrigal reported she was sworn in as the “alternate” member and Jere Melo was in as Chair, and that they dealt with issues in Caspar.
MTA – No report.
REVIT-ED COMMITTEE – No report.
EDFC – No report.
LEAGUE OF CALIFORNIA CITIES – Mayor Stranske reported on meeting and dinner held in Willits on January 30th and that Assemblyman Wes Chesbro had been the dinner speaker.
WATER RESOURCES COMMITTEE – No report.
SEWER SYSTEM COMMITTEE – Mayor Stranske reported they had an informational slide show on the wastewater treatment project and prepared for the joint sewer meeting with Brooktrails. He advised they had a good joint sewer committee meeting with Brooktrails on February 9th regarding the wastewater treatment project, Brooktrails I & I and the City’s audits.
EXPLORATION OFPOTENTIAL ENERGY SOURCES AD HOC COMMITTEE – No report.
SHERWOOD VALLEY RANCHERIA CASINO PROJECT AD HOC COMMITTEE – No report.
NCRA LIAISON AD HOC COMMITTEE – No report.
COUNCIL MEMBER REPORTS AND RECOMMENDATIONS
Council member Madrigal reported that she attended a GIS workshop with City staff and looked forward to hearing more about it. Mayor Stranske advised he also attended the workshop and felt it was very worthwhile.
GOOD & WELFARE
Council member Burton reported that the Jeff Smith Memorial service last Sunday was the largest gathering of individuals for a local person that he had attended in Willits and felt it was a fitting tribute by the Community to show their appreciation to Jeff.
Mayor Stranske noted that people came from all walks of life to attend the Memorial service for Jeff, and how the community came together in preparing for the memorial service.
Council member Kanne noted that the Jeff Smith Memorial service had a community feeling.
Council member Madrigal indicated she was impressed by how everyone worked together on the memorial service.
City Manager Cayler advised that the Fire Department had used the incident command system (ICS) to prepare for the memorial service.
Council member Madrigal advised that the next walk for health was on March 7th.
10:30 p.m. – Council recessed to Closed Session for Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(b) for one claim.
11:05 p.m. – Council reconvened. Mayor Stranske advised that no action had been taken in Closed Session. Motion Madrigal/2nd Kanne and unanimous vote to adjourn.
ATTEST:
_____________________________
Larry Stranske, Mayor
___________________________________
Marilyn Harden, City Clerk