City Council Minutes of March 11, 2009 – click here -
Willits City Council 7:00 p.m.
111 East Commercial Street Wednesday
Willits, CA 95490 March 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, Public Works Director Dave Madrigal, City Engineer Tom Mannatt, Finance Director Joanne Cavallari, City Attorney Jim Lance, and City Manager Paul Cayler.
PUBLIC COMMUNICATIONS –
Mayor Stranske read the public communications guidelines. Tom Woodhouse invited everyone in community to participate in another clean-up day on March 28th, that they were looking for any seniors who might need house repairs or their yard was in disrepair, noted Supervisor John Pinches efforts to get crosswalks re-stripped on Main and Commercial Street, was looking into planting trees in the City, that free bike racks were being offered through MCOG, and felt that community members should have some public input in the City’s upcoming budget. Council member Madrigal noted that the bike rack item would be on the next Revit-ED Committee agenda.
CONSENT CALENDAR ACTION TAKEN
A. City Council Minutes of 2/25/09, 2/27/09 and Amended—————–Approved
B. Payments of Warrants #12130-12239 = $522,893.16——————-Approved
D. Building Inspection Activity Report – February 2009———————Accepted
Motion Madrigal/2nd Burton and unanimous vote to approve Calendar Calender, items A, B and D. Item C appointing Paul Cayler as Alternate on REMIF Board was pulled.
DISCUSSION AND POSSIBLE ADOPTION OF RESOLUTION APPOINTING PAUL CAYLER AS ALTERNATE REPRESENTATIVE TO THE R.E.M.I.F. BOARD – Council member Burton stated he would like to see City Manager Cayler as the Willits Representative on the Redwood Empire Municipal Insurance (R.E.M.I.F.) Board and have Marilyn Harden as the Alternate. There was Council discussion. Matter was tabled to next Council meeting.
RIGHT TO APPEAL – Mayor Stranske read guidelines.
7:40 p.m. – Council recessed.
8:00 p.m. – Council reconvened.
APPROVAL OF CONTRACT WITH CAPABILITY BROWN LANDSCAPING FOR INSTALLATION OF RAINWATER CATCHMENT SYSTEM AT BROOKSIDE SCHOOL – Community Development Director Alan Falleri advised that this was part of the Sustainable Community Grant and Loan Program to promote water conservation awareness through the creation of a comprehensive water conservation program. He indicated one component of the grant project was to construct two rainwater catchment and storage systems on publicly owned property and that one system was recently approved for the County’s Integrated Services Center, and the second one was recommended for Brookside School. Falleri noted they received three proposals to construct and build a rainwater catchment and storage system at Brookside Farm: 1) Water Construction for $15,900, 2) Gene Wixson Enterprises at $9,500, and 3) Capability Brown Landscaping at $9,016. Staff is recommending the low bidder, Capability Brown Landscaping (Louis Rohlicek) to complete the project which would include installation of a foundation for a 14,000 gallon galvanized steel tank as well as all required excavation and plumbing to harvest, store and distribute the rain water harvested which would supplement the irrigation required for their community garden. Council members inquired into cost effectiveness of the project and spoke to concern about the sufficiency of the 14,000 tank. In response to Council questions, Community Development Director Falleri felt it was a pilot project and if successful, would help augment water for community gardens. Patti Bruder spoke in favor of project noting there were different ways to do things. David Partch spoke in favor of project, that it created public awareness and that you could not ask for better water security. Motion Madrigal/2nd Kanne and roll call vote carried, NO – Hanson and Burton, to approve construction contract with Capability Brown Landscaping for construction of the Rainwater Catchment System at Brookside Elementary School for the not to exceed amount of $9,016 and authorize the City Manager to execute same.
APPROVAL OF CONTRACT ADDENDUM NUMBER TWO WITH CUPPLES & SONS, INC. ON THE WILLITS KIDS CLUB PROJECT – City Manager Cayler advised that at their meeting on 2/11/09, the Council took no action to resume the Cupples contract, thereby allowing the City Manager to extend contract suspension for a second 30-day period which would conclude on March 18th. Cayler noted that further contract suspensions would require a second contract addendum. He indicated there was still no word from the State Department of Parks and Recreation or direction from the Governor on the status of the current grant programs. Cayler noted that Cupples was not interested in terminating their contract but are agreeable to a second amendment temporarily suspending the contract for an addition 30-day period and would like to request payment of portions of the retention payment for subcontractors whose work is substantially complete. Public Works Director Dave Madrigal distributed an analysis of costs for the project that indicated the total payout of the 10% in retention as well as the amount of retention costs for subcontract work that had been completed. City Attorney Jim Lance stated that there should be included a provision for the City Manager or his designee to make the determination of those portions of the job completed before release of funding. After further Council discussion, City Attorney recommended adding to the motion: “to approve portions of work as complete and performed in accordance with contract”. Council also discussed increasing suspension to a 60-day period. Motion Madrigal/2nd Hanson and Roll Call vote carried, NO – Stranske, to approve contract Addendum Number Two to temporarily suspend the contract for an additional 60-day period, to approve portions of work as completed and performed in accordance with contract, and authorize the City Manager to release portions of the retention funds, in accordance with the conditions of the Addendum, and also authorize the City Manager to execute Addendum Number Two.
Recessed: 8:55 p.m.
Reconvened: 9:00 a.m.
AWARD OF CONTRACT FOR PROFESSIONAL SERVICES FOR SAFE ROUTES TO SCHOOL PLAN – Council member Burton left the room due a stated conflict of interest, as he owns property near Blosser Lane School and that the proposed project might enhance the value of his property.
9:05 p.m. Council member Hanson left the meeting.
Public Works Director Madrigal advised that MCOG had awarded a $45,000 grant for the preparation of a Safe Routes to School Plan and Blosser Lane Elementary School Safe Routes to School (SR2S) grant application. He stated that the grant would fund a consultant contract for the development of a Safe Route to School and the SR2S grant application that would be for construction and improvements along the Blosser Lane Elementary School route. Madrigal noted the SR2S grant application is due to Caltrans by April 15, 2009. He stated they received two proposals: Whitlock and Weinberger Transportation, Inc. (W-Trans) for $52,000 and Omni-Means Engineers & Planners for $62,828. Madrigal indicated staff was recommending award a contract to W-Trans. Council inquired whether staff could be paid under this grant, getting kids and parents to use the safe route, if grant included anything relative to the Highway 20 and Blosser Lane intersection, and whether the plan would help the City’s liability. Motion Kanne/2nd Madrigal and unanimous vote, absent Hanson and Burton, to award a contract to Whitlock and Weinberger Transportation, Inc. (W-Trans) to prepare a Safe Routes to School Plan and Blosser Lane School Safe Routes to School Grant application for the not to exceed amount of $52,000, and authorize the City Manager to Execute same.
APPROVAL OF CONTRACT AMENDMENT NUMBER THREE WITH SHN CONSULTING ENGINEERS & GEOLOGISTS, INC. FOR ADDITIONAL ENVIRONMENTAL AND PERMITTING SERVICES FOR THE WASTEWATER TREATMENT PROJECT – City Manager Cayler advised that staff had received cost estimates from SHN Consulting Engineers & Geologists, Inc. for continuation of the wastewater treatment project, discussed the need for Council to make decision on whether to move forward with the permitting. City Engineer Mannatt spoke to the need for the 401 and 404 permits plus the rate study and timeline associated with each. He then spoke to the magnitude of the wastewater treatment project, its projected construction cost of $19 Million, and that the full cost of the project which could be around $30 Million. City Manager Cayler spoke to the USDA fund, the unknown cost of bidding the project, that project should move forward as soon as possible due to contractors getting busy when stimulus funds become available, and that they are planning to bring complete costs to the Sewer System Committee meeting on March 19th. City Engineer Mannatt advised there would be escalation in costs if we do not bid the project soon. Cayler noted that USDA would not give us funds for the project unless we obtain the permits. City Engineer Mannatt advised that proposed amendment covers $83,131 for completing permitting costs and $30,000 for the completion of the Operations Manual. He also spoke to the need for biological assessment. Tom Herman of SHN Engineers discussed the permits and the tree project. Council member Burton asked Mr. Herman to provide him with a recap of all costs to date on the project. John Ford expressed concern regarding the $30 Million projected cost of project and would like the Council to take an additional two weeks before approving amendment to get better cost numbers for the project. Council member Burton advised that City would not be able to get an accurate cost numbers until they received information on the rate costs and if project has to be pared down. City Engineer Mannatt discussed variance request that increases our dilution rate from 100:1 to 10:1. Tom Herman of SHN Engineers stated the City was still using the EIR obtained with the original wetlands project and if there are any reduction in the project, changes to the EIR would be a relatively simple process. Motion Burton/2nd Kanne and unanimous roll call vote, absent-Hanson, to approve Contract Amendment No. 3 with SHN Consulting Engineers & Geologists, Inc. to provide additional environmental and permitting services for the Wastewater Treatment Project.
APPROVAL OF CONTRACT WITH WIPF CONSTRUCTION FOR PROVIDING EMERGENCY SEWER LINE CLEANING SERVICES – City Manager Cayler explained Sewer Department’s present inability to adequately respond to emergency sewer spills, that staff was negotiating a contract to purchase a Vactor truck which could take up to six months for delivery, and recommended that City enter into a contract with Wipf Construction to response to sewer spill emergencies until delivery of the Vactor truck. City Engineer Mannatt advised that this was not covered in the present budget but is recommending that it be taken from the expense of a Sewer Department truck budgeted for this year. In response to Council inquiry, Mannatt noted that Sewer Department did not have any employees with a Class A drivers license required to drive old vacuum truck, and as well, this truck that would require a bi-annual inspection. City Attorney Lance advised this does not require a competitive bidding process as it does not fall within the definition of a Public Works project. Motion Kanne/2nd Madrigal and unanimous roll call vote, absent Hanson, to 1) award a contract to Wipf Construction for sewer line cleaning for up to 200 hours at the regular rate, not to exceed $25,000, and authorize the City Manager to execute same; and 2) approve a budget adjustment, moving $20,000 from 501-5010-4002-000 Equipment to 501-5011-2081-030, Other Contracts.
COUNCIL ACTION TO INVITE MENDOCINO COUNTY SUPERVISOR JOHN PINCHES TO THE CALTRANS AD HOC COMMITTEE – City Manager Cayler advised that coordination with the County of Mendocino on the Willits Bypass Project through Supervisor John Pinches would add greater influence to the discussions with Caltrans. Motion Madrigal/2nd Burton and unanimous vote to formally invite Supervisor John Pinches to the City’s Caltrans Ad Hoc Committee.
AWARD OF CONTRACT FOR PROFESSIONAL SERVICES WITH LTD ENGINEERING, INC. FOR A SEISMIC REVIEW OF MORRIS DAM – City Manager Cayler indicated that the Division of the Safety of Dams (DSOD) had directed the City to conduct a seismic review of Morris Dam and that due to the extent of engineering work involved, DSOD recommended that the project be divided into two phases. Cayler advised that in response to DSOD’s request, two proposals were received for phase one: LTD Engineering for $98,800 and URS Corporation for $88,740. City Engineer Mannatt stated that LTD Engineering had reduced their estimate to $80,000, that Phase Two would be more expensive, and there was liability of City Engineer if there was a breach of dam and loss downstream. In response to Council inquiry if City would own field data, Mannatt indicated that it was written into contract. Motion Madrigal/2nd Kanne and roll call vote carried, NO – Burton, to award contract to LTD Engineering, Inc. to conduct a seismic review of Morris Dam and prepare a report to present to the Division of Safety of Dams for the not to exceed amount of $80,000, and authorize the City Manager to execute same.
OTHER CITY MANAGER REPORT
City Manager Cayler reported that:
1)Staff is preparing to bring back the item of hedges and fence height at the March 25th Council meeting unless the Council wished to have a special meeting.
2)There will be employee service awards at March 25th Council meeting.
3)There would be a Broad Band Conference Communication meeting in Fort Bragg.
4)Police Chief Gonzalez was absent tonight due to being under the weather.
5)He would be bringing back the Shafer Ranch matter at the March 25th council meeting.
The Council then had a discussion on whether to have a special council meeting on the hedge issue. At Council’s direction, staff was to contact Council members on an available date for a special meeting.
DEPARTMENT RECOMMENDATIONS
Finance Director Joanne Cavallari reported that the June 30, 2008 audit had been received and distributed to Council members and Brooktrails and to let her know if the Council wanted to have auditor present when audit was presented for acceptance, was in the process of preparing an engagement letter for auditing firm to provide the City with another review of audit; that the Brooktrails Board approved payments that will bring them current at June 30, 2009 except for the Niessen land purchase.
City Manager Cayler commended Cavallari for her efforts in making this happen.
City Engineer Tom Mannatt reported they have been working on request for stimulus funds for road projects.
Public Works Director Dave Madrigal reported he had been reviewing two proposals received for City standards and hoped to have a recommendation by the March 25th Council meeting, and that they have been working on the West Commercial Street design.
City Attorney Jim Lance reported he has been reviewing the rules and procedures for holding Council meetings; that he has not received any response to his letter to the Sherwood Valley tribe that the City would not be participating in any meeting with them unless they agreed to advance costs for City’s personnel time.
Community Development Director Alan Falleri reported that Mike Fitzgerald of the Sherwood Valley tribe indicated they were looking to stay at the same location and perhaps expand their facility; that the County is working on the General Plan and there were only a few recommendations for the Willits area; that they had received a number of job applications for the Water Conservation Specialist and would be interviewing seven individuals on March 26th, that Local First’s efforts were taking off again and hopefully they can offer an educational program, and that there was country-wide awareness of these efforts, and that he had been invited to speak on their program in Sonoma County.
CITY COUNCIL AND COMMITTEE REPORTS
MCOG – Mayor Stranske reported they discussed 1) a Fort Bragg/Westport walking trail and approved a study to come up with a 10 mile walking trail; and 2) improvements made in downtown Gualala.
REVIT-ED COMMITTEE – Council member Madrigal reported they will be meeting next Wednesday. Community Development Director Falleri indicated they will be discussing the bike rack offer from MCOG at the meeting.
EDFC – Will be meeting tomorrow.
WATER RESOURCES COMMITTEE – Mayor Stranske reported they discussed Joint Sewer Meeting with Brooktrails and Shafer Ranch Road issue.
SEWER SYSTEM COMMITTEE – Mayor Stranske reported they will be meeting on March 19th at 4:00 p.m.
EXPLORATION OF POTENTIAL ENERGY SOURCES AD HOC COMMITTEE – Council member Kanne noted that this ad hoc committee was set up to address the solar project at the watershed and would like to disband committee. It was consensus of Council members present that committee be disbanded. Community Development Director Falleri advised he had a visit from a representative of a municipal energy company.
CALTRANS AD HOC COMMITTEE – Council member Burton advised there will be a meeting this Friday at 4:00 p.m.
COUNCIL MEMBER REPORTS AND RECOMMENDATIONS
Council member Madrigal advised she would be to have an item on next Council agenda addressing standing committees versus ad hoc committees and whether water and sewer committee should be standing committees.
ORDINANCE 2009-02 AMENDING CHAPTER 14.90 OF THE WILLITS MUNICIPAL CODE IN ORDER TO DECLARE WATER STORAGE EMERGENCIES UNDER EXTRAORDINARY CIRCUMSTANCES – City Manager Cayler advised that the proposed amended ordinance had been introduced at the February 25, 2009 Council meeting and is ready for adoption. Motion Madrigal/2nd Kanne and roll call vote carried, NO – Burton and absent Hanson, to adopt Ordinance 2009-02 Amending Chapter 14.90 of the Willits Municipal Code to Declare Water Shortage Emergencies and Impose Emergency Water Use Restrictions under Extraordinary Circumstances.
GOOD & WELFARE
Council member Madrigal noted that the community walk last Sunday was great.
11:30 p.m. Motion Burton/2nd Kanne and unanimous vote, absent Hanson, to adjourn.
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Larry Stranske, Mayor
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Marilyn Harden, City Clerk