City Council Minutes of September 23, 2009 -click here-
Willits City Council 6:00 p.m.
111 East Commercial Street Wednesday
Willits, CA 95490 September 23, 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, Finance Director Joanne Cavallari, Water Plant Supervisor Denny Caine, City Attorney Jim Lance, and City Manager Paul Cayler.
PROCLAMATION PROCLAIMING DOMESTIC VIOLENCE AWARENESS MONTH – OCTOBER 2009 – Mayor Stranske read proclamation proclaiming Domestic Violence Awareness Month.
PROCLAMATION DECLARING OCTOBER 2009 AS WILLITS WALKS FOR WELLNESS MONTH – Mayor Stranske read proclamation declaring October 2009 as Willits Walks for Wellnesss Month and Kristin Bradford accepted proclamation. Patty Bruder, member of WHAT, encouraged citizens to participate in walks on October 13th and October 24th.
PRESENTATION BY SAM PIERCE, TELLUS APPLIED SCIENCES, INC., IN THE DRAFT CITY OF WILLITS GREENHOUSE GAS EMISSIONS ACTION PLAN ANALYSIS, AND POSSIBLE COMMENTS FROM THE CITY COUNCIL FOR COMPLETION OF THE FINAL PLAN – Community Development Director Alan Falleri reminded the Council that they had contracted with the Climate Protection Campaign to complete a GHG reduction inventory and action plan for the City and that this effort has been managed by Sam Pierce, of Tellus Applied Sciences. Falleri further advised that Mr. Pierce would be doing a presentation for the Council on the draft GHG Emissions Action Plan Analysis for their comments prior to completing the final documents. Sam Pierce then provided an overhead presentation noting the five action plan options for Willits that consisted of numerous measures to reduce GHG emissions, reduce energy costs, address equipment issues, and reduce the uncertainty of the City’s future annual energy costs. There was Council discussion on alternative aeration systems, effects of present levels of methane gas, energy savings and associated problems of turning off street lights, and hydro carbons versus surface carbons. Mr. Pierce responded to Council’s concerns and advised that this was not a commitment to implement the plan but implementation would be determined by the City’s future budget process. Community Development Director Falleri suggested that the Council might want to consider adding policy language in the City’s General Plan as a result of this GHG Emissions Action Plan Analysis. Ellen Drell asked for clarification of Plan C and its assumptions. Mr. Pierce explained the action plan, fuel standard being incorporated, and potential savings. Ben Wilcox inquired if there were any other power alternatives for the City. Mr. Pierce responded that based on current inventory and going forward, they could come up with new technology. No action was taken.
PUBLIC COMMUNICATIONS – Mayor Stranske read the public communication guidelines. David Partch, on behalf of the Willits Outlet Creek Watershed Group, reported on the recent Coast Cleanup Day in Willits indicating that 4,500 pounds of debris had been removed from three different creek locations. Mr. Partch thanked City of Willits for their support as well as Public Works Director Dave Madrigal, Community Development Director Alan Falleri and Code Enforcement Officer John Sherman for their assistance. Tom Woodhouse expressed concern about the City’s present budget, the low morale and productivity of employees being terrorized by the City’s budget and cited examples, and suggested that City do furloughs instead of singling out individuals.
CONSENT CALENDAR ACTION TAKEN
A. City Council Minutes of 9/9/09 Approved
B. Payment of Warrants #13739-13950 = $350,964.17 Approved
C. Voluntary Early Resignation/Retirement Waiver and Approved
Release Agreement for Leah Oberdorf
D. Voluntary Early Resignation/Retirement Waiver and Approved
Release Agreement for Denny Caine
E. Voluntary Early Resignation/Retirement Waiver and Approved
Release Agreement for Marilyn Harden
F. Voluntary Early Resignation/Retirement Waiver and Approved
Release Agreement for David Madrigal
Motion Burton/2nd Hanson and unanimous vote to approve Consent Calendar, items A through F.
RIGHT TO APPEAL – Mayor Stranske read the guidelines for appealing Council decisions.
CONTRACT FOR PROFESSIONAL SERVICES WITH WATER WORKS ENGINEERING FOR THE WATER TREATMENT PLANT IMPROVEMENT PROJECT DESIGN PLANS – City Manager Cayler advised the California Department of Public Health Services had given the City direction to initiate an improvement project at the Water Treatment Plant and that $200,000 had been approved in June 2009 to begin re-design of the water plant. Cayler noted that selection of Waters Works Engineering was based on an formal request for proposal process, that three firms had been interviewed for this work, and that Water Works Engineering was selected based on the lowest cost proposal and their knowledge of our facility. He further noted that the proposal called for the project to be developed in order to be eligible for the Department of Public Health State Revolving fund loan/grant process except for a new chemical mixer which the City hopes to install as soon as possible. Water Plant Supervisor Denny Caine explained shorter turn-around of having a new mixer. City Engineer Tom Mannatt indicated that approving this proposal would enable the City to be eligible to obtain additional funds from the State’s revolving loan fund. The Council expressed a concern about possibly spending additional funds on this project, discussed possible environmental issues, and discussed concern on value of funds being expended for present water plant. Water Plant Supervisor Caine advised that the proposed upgrades would help water operators, and if they had another unit, it would make other items last longer. Motion Kanne/2nd Madrigal and unanimous Roll Call vote to award a Professional Services Contract to Water Works Engineers to provide design plans for the Water Treatment Plant Improvement Project for the not to exceed amount of $168,000, and authorize the City Manager to execute same.
8:00 p.m. Council recessed.
8:05 p.m. Council reconvened.
DISCUSSION AND POSSIBLE ACTION ON LICENSE AGREEMENT WITH JASON & KRISTIN BRADFORD FOR THE USE OF CITY PROPERTY – Community Development Director Falleri advised that the City Council had approved a revocable license with Jason and Kristin Bradford on October 22, 2008 to permit certain encroachments within the Maple Street right-of-way adjacent to their residence at 284 Redwood Avenue and that the City was aware that the Bradford property was listed for sale. Falleri further advised that due to the Bradfords moving out of the area and possibly placing a burden on the City to cause the removal of the encroaching improvements, this matter was being brought to the Council for direction regarding disposition of the revocable license. He noted the public benefit being provided by the Bradfords’ improvements and urged the Council to allow for the opportunity for new buyers of the property to apply for a similar agreement prior to requiring the removal of the improvements. Jane McCabe felt that the swales that had been installed helped prevent flooding, that she and her husband were interested in purchasing the property, and she understood the need for the City’s right-of-way. Kristin Bradford thanked the Council for addressing the issue tonight, noted their intent in putting in improvements capturing water to prevent runoff and demonstrating how people can provide their own food and capture water, and hoped that the Council would allow new owners to keep these improvements in place and continue this as a demonstration site. Christopher Martin stated he was the listing agent for the property and wanted full disclosure to buyers, and that the improvements are a benefit to the community. Code Enforcement Officer John Sherman noted that this property was regionally recognized as a demonstration project and fits with our sustainability grant. City Attorney Lance advised that under the present agreement, it would be revoked within 30 days, and that he would like to have the cooperation of real estate agent and buyer and would like to know when escrow opens to begin negotiating with new buyers. Lance further advised that if not resolved, the Bradfords would be obligated to remove improvements at their cost. City Manager Cayler indicated that if the Council does not support staff’s recommendation, the only other alternative would be to notice for the removal of the improvements. City Attorney Lance noted that a decision does not have to be made tonight if the Council needs more time. Council then discussed concerns that no fees were being collected under the present license agreement as with Animal Crackers who pays a yearly fee, whether the extra property created by the right-of-way enhanced the property’s value, and the need for the City to have a level playing field when giving away right-of-ways. Motion Kanne/2nd Madrigal and Roll Call vote failed, NO-Hanson, Burton, Stranske YES-Kanne, Madrigal, to direct staff to provide a written “Notice of Intent” informing Jason and Kristin Bradford that revocation of the Revocable License will become effective and that removal of encroaching improvements will be required to be completed at the owner’s expense thirty (30) days from the date of Council action or prior to the close of escrow, whichever is later, unless a new license has been issued to the buyers of the property by the City Council.
Motion Stranske/2nd Hanson and Roll Call vote carried, NO-Kanne & Madrigal, to direct staff to provide written notice to the Bradfords informing them that revocation of the Revocable License will become effective and that removal of encroaching improvements will be required to be completed at the owner’s expense in 30 days. Dickie Winkle voiced strong opposition to the Council’s decision. Peter Smith, a neighbor next door, suggested coming up with a proposal that would benefit the City and didn’t want the right-of-way black topped. Kristin Bradford asked that Council entertain a lease option to level the playing field and noted that City staff had indicated their improvements were a benefit to the City. Community Development Director Falleri noted there was a legal process to vacate the City’s right-of-way. City Attorney Lance indicated that if City wanted to sell the right-of-way, findings would have to be made. Ellen Drell spoke to the attributes of the improvements made by the Bradfords and did not feel this could be compared to lease with Animal Crackers. Council then discussed whether there were any possible options and possibility of reconsideration of item.
RESOLUTION 2009-34 CONFIRMING THE CODE ENFORCEMENT OFFICER’S REPORT OF THE FINES IMPOSED AND THE COSTS AND FEES INCURRED IN THE NUISANCE ABATEMENT AT 136 E. OAK STREET, WILLITS; AND ORDER IMPOSING LIEN OR SPECIAL ASSESSMENT – City Manager Cayler advised that the property owner failed to abate the nuisance at 136 E. Oak Street as required in the Notice of Nuisance issued June 19, 2009, which resulted in the City obtaining an Administrative Order to hire an outside contractor to abate the nuisance. Cayler noted costs of this abatement and recommended adopting resolution to approve the collection of the fines, fees and charges as submitted. Code Enforcement Officer John Sherman reported that he had not had any response from the owner. Motion Madrigal/2nd Kanne and Roll Call vote carried, Burton-NO, adopting Resolution 2009-34 Confirming the Code Enforcement Officer’s Report of the Fines Imposed and the Costs and Fees Incurred in the Nuisance Abatement at 136 E. Oak Street, Willits, and Order Imposing Lien or Special Assessment.
OTHER CITY MANAGER REPORTS
City Manager Cayler reported that:
1) the Public Works Director is absent tonight.
2) the Water Department was making progress with installing the recently purchased water meters.
3) he would be presenting a revised organization chart at the October 14th meeting.
4) the Willits News would be doing editorial for their support of Measure B.
5) he has received an Animal Shelter Agreement from the County and noted that there was also an agreement for animal patrol with the Sheriff’s office.
6) he had sent a letter to Gordon Short of Metal F/x along with a copy of the adopted resolution but has not heard back from him.
DEPARTMENT RECOMMENDATIONS
Police Chief Gerry Gonzalez reported he had been asked by Code Enforcement Officer John Sherman to change parking in front of Community Center through resolution for the new electrical vehicle; that the CHP has allowed them to continue radar control on Main Street; that the CSO/CO would be going to a training as part of a grant they received; that Sergeant Jon Anderson accompanied Caltrans to check under our bridges but did not find anything; and that the County has ordered a citizens rescue vehicle that is being paid for by Homeland Security Funds.
Community Development Director Alan Falleri distributed some information from the Forest Foundation and that they are sponsoring a free workshop on October 3rd; that he received a notice for Brooktrails second access meeting late but will catch up with Supervisor Pinches for items discussed, that he had been working on a problem at the airport related to a dealing with a rare Manzanita plant in trying to complete environmental work for the repair of the slide area; and that Willits was noted in a statewide publication that it was becoming a pedestrian friendly city.
City Attorney Jim Lance reported that the City may be receiving balance on Redevelopment loan from Windsor Mill due to coming to an agreement with Caltrans on a lawsuit.
City Engineer Tom Mannatt reported they have completed their comments on the Stages II and III of the Wastewater Treatment Plant project and returned to SHN Engineering; that they have not heard anything on the 404 and 401 permit applications, that they were moving projects along at the water plant, and they were doing survey work from North Street to Madden Lane.
Finance Director Joanne Cavallari reported on the City’s third quarter sales tax, and that they had received funds from MCOG for City Standards and Safe Routes to School as well as the remainder of COPS funds.
CITY COUNCIL AND COMMITTEE REPORTS
There were no reports on MCOG, LAFCO, MTA, Revit-ED Committee, League of California, Water Resources Committee, Sewer System Committee, Caltrans Ad Hoc Committee, and Exploration of Potential Energy Sources Ad Hoc Committee.
EDFC – Council member Madrigal reported they met at the Botanical Gardens in Fort Bragg, had presentation by Art Harwood on a potential redwood corridor article to be featured in National Geographics, and that an update on the new processing study would be available shortly.
EXPLORATION OF POTENTIAL ENERGY SOURCES AD HOC COMMITTEE – Council member Kanne reported that the last time they met they discussed the Sam Pierce report and perhaps bringing one of the options to the Council. Community Development Director Falleri asked that Department Heads have an opportunity to comment before bringing it to the committee.
OTHER CITY COUNCIL REPORTS
Council member Victor Hanson advised he received an offer to walk the fault line in the City and invited any interested Council member to join him.
GOOD & WELFARE
Council member Burton reminded the community of the Hospital fundraiser on October 10th and encouraged everyone to purchase their tickets.
Council member Madrigal advised that she participated in the cleanup day and worked along side some homeless people, and that she attended the recent Roots of Motive Power event.
9:50 p.m. Motion Burton/2nd Hanson and unanimous vote to adjourn.
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Larry Stranske, Mayor
ATTEST:
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Marilyn Harden, City Clerk