AGENDA/MANAGER’S REPORT

THE CITYAND BOROUGH OF JUNEAU, ALASKA

Monday, January 0313, 2000 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 2000-01

Submitted by: _____________________________

David R. Palmer

City & Borough Manager

  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
    1. 12/20/99-Regular Meeting No. 99-37

SPECIAL ORDER OF BUSINESS

  1. MANAGER’S REPORT FOR AGENDA CHANGES
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).
  3. CONSENT AGENDA

The Consent Agenda includes routine items of business, which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

    1. Ordinances for Introduction
    1. Ordinance No. 2000-01

An Ordinance Amending the Revenue and Taxation Code to Impose a Marine Passenger Fee and to Provide for the Administration and Collection Thereof.

This ordinance responds to Section 7 of the passenger fee initiative, which says that the Assembly "shall adopt enabling language for the administration and collection of the passenger fee by February 1, 2000." The initiative provides that the fee itself becomes effective March 1, 2000.

The ordinance provides definitions for some important terms, specifies how the fee will be calculated, establishes exemptions, requires confidential handling of passenger information, imposes criminal liability for insufficient or delinquent payment, limits use of fee revenues, creates a board to review proposed expenditures, and authorizes the Manager to issue regulations addressing procedural details.

Some of the text in the ordinance is underlined: this indicates language from the initiative, which may not be changed by the Assembly until October of 2000.

I recommend the ordinance be introduced and set for public hearing at your next regular meeting.

    1. Resolutions
    1. Resolution No. 2013

A Resolution Rescheduling the Regular Assembly Meeting of January 10 to January 24, 2000.

This resolution changes the date for the second regular meeting in January so as to accommodate the travel schedules of several members.

I recommend that this resolution be adopted.

    1. Liquor License Renewals:
    1. Renewals:
    2. Beverage Dispensary Tourism

      Breakwater Inn Restaurant & Lounge

      Frontier Suites Hotel

      Goldbelt Juneau Hotel

      Restaurant/Eating Place

      The Broiler

      Pizza Verona

    3. Transfers:

Restaurant/Eating Place

Bullwinkle’s Pizza (Stock Transfer)

Bullwinkle’s Pizza II (Stock Transfer)

    1. Bid Award:
    1. Contract No. E00-215 Steamship Wharf Operations and Maintenance Improvements:

    2. The bid was opened December 20, 1999. The bid protest period expired on December 21, 1999. Results of the bid opening are as follows:

    RESPONSIVE

    BASE BID

    Add.Alt.1

    Add.Alt.2

    Add.Alt.3

    TOTAL BID

    NO. PACIFIC STEEL ERECTORS, INC.

    $531,850.00

    $18,987.00

    $87,424.00

    $53,839.00

    $692,100.00

    Trucano Const. Co.

    538,000.00

    12,000.00

    74,000.00

    105,000.00

    729,000.00

    Tamico, Inc.

    690,000.00

    25,000.00

    145,000.00

    81,000.00

    941,000.00

    Engineer’s Estimate

    $569,000.00

    $24,000.00

    $61,000.00

    $66,000.00

    $720,000.00

    The Base Bid consists of repair/replacing existing timber piles, structure and decking in three areas; enlarging the wharf in areas 2 and 3; modifying existing decks, structure, stairways, and other items in Area 4. Additive Alt. 1 consists of repairing existing dolphins 10, 11,12; Additive Alt. 2 consists of repairing existing dolphin 15; Additive Alt. 3 consists of adding a corrosion protection system.

    The funding source for this project is the CBJ Port/Harbor fees; total project funds are $1,013,500.

    Staff recommends award of this project to North Pacific Steel Erectors, Inc. in the amount bid for the Base Bid and all three Additive Alternates, for a total award of $692,100.00.

  1. Bid #00-222 – One (1) 8,800 LB GVWR, 4X4 REGULAR CAB FULL SIZE PICKUP TRUCK AND One (1) 12,000 LB GVWR, 4X4 CONVENTIONAL CAB, DUAL REAR WHEELS TRUCK for the City and Borough of Juneau Wastewater Division was opened December 20, 1999, the protest period expired on December 28, 1999 with the following results:

Encumbered: $65,000.00 Vehicles and Equipment

* Monies are available in the same budget to cover additional costs (bid price).

 

BUSINESS NAME

SECTION I
8,800 TRUCK

SECTION II

12,000 TRUCK

TOTAL BID

       

LEWIS CHEVROLET BOP, INC.

$30,663.00

$35,693.00

$66,366.00

Evergreen Motors

$32,564.85

$40,636.41

$73,201.26

Mendenhall Auto Center

$29,723.00*

$45,060.00*

$74,783.00*

With the concurrence of Tom Cox and Tom Trego, Public Works, the Purchasing Division recommends award to Lewis Chevrolet BOP, Inc., on the basis of having the lowest responsive bid price. Total award will be for $66,366.00. This is a term contract and immediate purchase with the option to renew for two additional one-year periods.

  1. ORDINANCES FOR PUBLIC HEARING
    1. Ordinance No. 99-26
    2. An Ordinance Amending the Land Use Code to Disallow Calculation of Building Height Using an Artificial Reference Datum. Presented by the Manager.

      This ordinance would reinforce the Land Use Code building height restrictions by closing a possible loophole to its enforcement. The building height restriction sets a point, called the reference datum, from which the height of a proposed building is measured. This ordinance would prevent developers from artificially establishing a high reference datum to avoid building height restrictions. The ordinance was referred to the Planning Commission, which considered the legislation at its meeting of November 23rd and recommended approval by the Assembly.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    3. Ordinance No. 99-37
    4. An Ordinance Providing a Minimum Sentence for Domestic Violence Assault, and Providing for the Revocation of a Driver's License Upon Conviction for Reckless Driving. Presented by the Manager.

      This ordinance establishes minimum mandatory sentences for domestic violence offenses and for reckless driving. The minimum sentence for domestic violence is 30 or 60 days in jail, depending on prior convictions. The punishment for reckless driving has been amended to require, rather than just allow, revocation of the defendant's driver’s license. These changes bring the city code into conformity with state statute.

      I agree with the City Attorney that sentencing standards can be an effective tool, and he agrees with me that they can be an expensive tool. In view of the budget issues ahead, we think this ordinance deserves further work with each other and the state to provide the Assembly with additional funding options.

      I recommend that action on this ordinance be postponed indefinitely.

      Public Hearing

      Assembly Action

    5. Ordinance No. 99-38
    6. An Ordinance Establishing the Offense of Unlawful Contact and Establishing a Penalty for the Violation Thereof. Presented by the Manager.

      This ordinance establishes a misdemeanor for certain kinds of contact between an assailant and a victim.

      It is common that people charged with assault will attempt to contact their victims. This often happens shortly after the defendant is arrested, booked, and released on bail, but before they are brought before a judge. This contact can be very difficult for the victim because the assailant usually pressures the victim to drop the charges.

      Defendants also attempt to contact victims in direct violation of a judicial order.

      This ordinance prevents such contact. It is substantially identical to AS 11.56.750, which was added to the state criminal code in 1998.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    7. Ordinance No. 99-39
    8. An Ordinance Establishing the Offense of Failure to Maintain Custody. Presented by the Manager.

      Criminal defendants awaiting trial must be supervised to ensure that they comply with court-ordered conditions of release regarding issues such as consumption of alcohol, contact with victims, and the like. Some defendants can be trusted to comply with these conditions on their own, others require supervision. One way to provide this supervision is by having the court place the defendant in the custody of a friend, employer, or other responsible person who will inform the court if the defendant violates the conditions of release. This appointment of a "third party custodian" saves the trouble and expense of the only other readily available security measure: confinement in jail.

      Most third-party custodians take their duties seriously, but a few do not. They make little or no effort to watch over defendants. These defendants sometimes pose serious risks to their victims or the general public. The court can address this failure by charging the custodian with contempt of court, but this is a slow and complicated procedure. An ordinary misdemeanor citation is more effective.

      CBJ prosecutors have discussed this approach with the district attorney's office, which agrees that it should be a better way of handling a common problem. We expect the district attorney to ask the governor to seek similar legislation at the state level.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    9. Ordinance No. 99-40
    10. An Ordinance Amending the Regulations Code to Change the Time for Public Notice and Effective Date of Regulations. Presented by the Manager.

      This ordinance reduces the time required to produce an enforceable regulation. The minimum public notice and comment time is reduced from 30 to 10 days. The minimum time required for the regulation to become effective is reduced from 30 to 20 days.

      The regulations system is designed to make efficient use of staff expertise on minor policy issues, while still providing for public involvement in the process. The goal of efficiency is frustrated by the current requirement for a total of 60 days of waiting. This total does not count the time required for Assembly review, which usually adds a week or two to the process. As a result, the entire process of establishing an enforceable regulation can take several months. Compare this to an ordinance, which requires only 7 days notice for enactment and 30 days to become effective; and this period includes Assembly review.

      Unlike an ordinance, a regulation does not necessarily involve a public hearing, so it is reasonable to provide more than 7 days for public comment: the proposal here is for a minimum of 10 days.

      Also unlike an ordinance, a regulation cannot impose a fine, jail sentence, or other criminal sanction, so it is reasonable to allow a shorter period for the effective date. However, some regulations can impose significant burdens and require significant preparation by businesses, so in appropriate cases a longer effective-date period may be justified. This ordinance would allow long effective-date periods.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    11. Ordinance No. 99-41
    12. An Ordinance of the Assembly of the City and Borough of Juneau, Alaska, Providing for the Issuance and Sale of General Obligation Bonds of the City and Borough in the Aggregate Principal Amount of Not to Exceed $750,000 for the Purpose of Financing Certain School Capital Improvements Pursuant to an Election Authorizing the Same; Providing the Date, Form, Terms and Maturities of the Bonds to be Issued and for Unlimited Tax Levies to Pay the Principal Thereof and Interest Thereon; Appointing a Registrar and Paying Agent for Such Bonds; Authorizing a Preliminary Official Statement; and Approving the Sale of Such Bonds. Presented by Manager.

      This ordinance will authorize the issuance of up to $750,000 of the 1999 voter approved High School Bond authorization. The Bonds will be issued in $1,000 increments and sold directly to Juneau residents (Mini Bonds). The amount and maturity of the bonds to be sold will be determined by buyer interest at the time of the sale. The actual bond sale will be scheduled in mid to late February. Bond interest rates will be set by Seattle Northwest Security the day before the bonds are offered for sale.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    13. Ordinance No. 99-42
    14. An Ordinance Amending Ordinance 96-09 to Repeal the Automobile Allowance Provided to the Manager and Attorney. Presented by the Manager.

      As discussed at the regular meeting of December 6, this ordinance amends Ordinance 96-09 to repeal the automobile allowance paid to the Attorney and Manager.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    15. Ordinance No. 99-17 (L)
    16. An Ordinance Appropriating To The Manager The Sum Of $25,000 For Consultant Services To Quantify The Financial Impact Of Cruise Ship Passengers On The City And Borough Of Juneau’s Operations. Such Funds Provided By The Cruise Ship Passenger Fees. Presented by the Manager.

      This ordinance will appropriate $25,000 in FY00 Passenger Fee revenues to hire a financial consultant. The purpose of the work will be to quantify the financial impacts of cruise ship traffic on the CBJ’s operations. The consultant will identify the impacted operations and develop a method for quantifying the financial impacts. This information will be used to help determine the amount of Passenger Fee revenues that could be allocated to operations.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    17. Ordinance No. 99-17 (M)
    18. An Ordinance Appropriating To The Manager The Sum Of $2,000,000 To Construct A One Million Gallon Reservoir And Pump Station In The Lena Point Area. Such Funds Provided By A Loan From The Alaska Department Of Environmental Conservation. Presented by the Manager.

      This ordinance appropriates $2.0 million in loan proceeds from the Alaska Department of Environmental Conservation, Alaska Drinking Water Fund, to construct a one million-gallon reservoir and pump station in the Lena Point area. The reservoir will provide the storage and pressure needed to meet fire flow demands in the Lena Loop and Tee Harbor areas. This project will also provide the pressure zone needed for water service to Andreanoff Way, Randall Road, Cohen Drive and some of the uphill residences on Glacier Highway. A reservoir, pump station, pressure control system, and other associated facilities, and main and service lines for Andreanoff Way will be constructed, as well.

      The DEC loan will be for a period of 20 years at a rate of 4.19%. The exact amount of the final loan is not known at this time, as it is possible some State grants may be available to assist with project costs. Assuming the full $2.0 million is borrowed it is estimated the annual debt service will be approximately $150,000 per year. In addition to the debt service, there is also a projected increase in Utility operating costs of $40,000 to $50,000 per year. The Water utility’s rates are projected to be sufficient to cover the debt service and operational cost increases for another 2 years. However, the Public Works Director has indicated it may be necessary, after that point, to increase rates sufficient to generate an additional $200,000 per year (6% to 8%) in user fees. Again the final amount will depend on the amount of project costs, if any, which can be grant funded.

      A copy of the loan agreement and Resolution No. 1940 authorizing application for the loan are included in your packets.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    19. Ordinance No. 99-17 (N)

An Ordinance Authorizing The Manager To Transfer The Sum Of $23,618 From The Riverbank Repair Capital Project To The General Fund.

Presented by the Manager

This ordinance transfers $23,618 from the completed Riverbank Repair capital improvement project to the General Fund. The General Fund Unreserved Fund Balance provided the original funding for this project. As such, the remaining unexpended project funds will be returned to the General Fund.

The project closure list was submitted to the Public Works and Facilities Committee on December 8, 1999. The Committee recommended that this transferring Ordinance be forwarded to the Assembly.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS
  3. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items
    1. Approval of Maintenance Agreement with Alaska Department of Transportation and Public Facilities (ADOT/PF).

The Channel Drive Wayside project is next to the DIPAC hatchery. The Wayside will have an accessible fish pier, restrooms, approximately 55 new off-street parking places, and a small park area. CBJ nominated the project in 1997. ADOT/PF, Engineering, and Parks and Recreation have been working together on the design for this project over the last year. Once the project is completed, Parks and Recreation will provide the maintenance.

A motion by the Assembly to authorize the approval of the maintenance agreement will assure ADOT/PF that the Wayside will be maintained by CBJ.

    1. Manager’s Report – Information Items

    1. Attorney’s Report

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS

    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Final Draft of Assembly Goals

  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS

    1. Committee Reports:
    1. Committee of the Whole
    2. Finance Committee
    3. Human Resources Committee
    1. Building Code Board of Appeals
    2. Parks & Recreation Committee
    3. Wetlands Review Board
    4. Douglas Service Area Advisory Board
    5. Citizen’s Advisory Committee on Waste Management
    1. Lands and Resources Committee
    2. Public Works and Facilities Committee
    3. Planning and Policy Committee
    1. Board Liaison Reports

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
  3. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries.

ADA Accommodations Available Upon Request: Please contact the Clerk’s Office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s Office telephone number is 586-5278, TDD 586-5351, e-mail: Marian_Miller@mail.ci.juneau.ak.us.