WEED CITY COUNCIL

REGULAR MEETING

JANUARY 13, 2000

 

The City Council of the City of Weed held a regular meeting on Thursday, January 13, 2000, at 7:00 p.m. in the Council Chambers at City Hall. 

Mayor Neva Barnett called the meeting to order and led recitation of the Pledge of Allegiance.  Present, in addition to Mayor Barnett, were Council Members Roy Bergfors, Amelia "Mel" Borcalli, Joel Obuchon, and Vince Tallerico.  Also present were Interim City Administrator Earl Wilson, City Attorney Allen King, Finance Director M. Kelly McKinnis, Police Chief Martin Nicholas, Fire Chief Darin Quigley, Public Works Director Craig Sharp, and City Clerk Deborah Salvestrin. 

RECOGNITIONS, ANNOUNCEMENTS

A.  Holiday Decoration Efforts

Mayor Barnett awarded Certificates of Appreciation to Pacific Power & Light Company, the Chamber of Commerce, the City’s Public Works Department, and John and Joyce Oliver for efforts to decorate the City for the 1999 Holiday Season. 

PUBLIC BUSINESS FROM THE FLOOR

Mayor Barnett invited comments from the audience on specific agenda items or any item of interest that is within the Council’s jurisdiction noting that no action could be taken by the Council except to set the matter presented for the next regular Council meeting.  There were none. 

COUNCIL MEMBER REPORTS AND COMMENTS

            Council Member Tallerico reported that the Sewer Rate Committee has met and is awaiting information that the Finance Director is gathering.  Mr. Tallerico added that the information is expected by the next meeting. 

            Council Member Borcalli reported on the status of the Adopt-a-Street Program noting that the group is working on a logo at the present time. 

            Council Member Bergfors reported on the Siskiyou League of Cities’ quarterly meeting noting that Mt. Shasta’s Mayor is the new President of that organization, as well as the new President of the League of California Cities’ Sacramento Valley Division.  Mr. Bergfors stated that the speaker’s topic was the time capsule that will be placed in the County Courthouse, and added that anyone with items for the capsule should contact Susan Reather.  Mr. Bergfors also reported the next Siskiyou League of Cities’ quarterly meeting would be in Weed in April. 

            Council Member Bergfors also reported on the recent meeting of the Community Center committee noting it is expecting preliminary design charettes at its next meeting. 

            Mayor Barnett reviewed new legislation that will prohibit the claiming of tax credits by landlords whose property has code violations that have been reported to the State Franchise Tax Board. 

            Mayor Barnett also announced the upcoming census and spoke briefly on the importance of a complete count.  Ms. Barnett noted that census jobs will be available and interested persons should contact the County Planning Department. 

            Mayor Barnett asked the Public Works Department to begin thinking about a Spring Clean up schedule so it can be advertised. 

PUBLIC HEARINGS

A.  Zoning Ordinance Text Amendment:

Mayor Barnett reviewed the procedures for the conduct of public hearings, and then declared the present as the time and place for the scheduled hearing.  Mayor Barnett asked for and received verification that proper notice had been given in accordance with the law, and then declared the hearing open at 7:20 p.m.

            Interim Administrator Wilson reported that the Planning Commission has received and considered a request to change the text of the zoning ordinance to permit animal hospital and veterinary services for small animals in the retail commercial zone.  Mr. Wilson noted that the Planning Commission recommends amendment of the existing zoning text to permit services for household pets such as veterinary medicine, dentistry, or surgery with a use permit in buildings in the retail commercial zone.  Mr. Wilson added that current ordinance permits such uses in the general commercial zone without use permit. 

Mayor Barnett asked for comments and/or questions in support of the requested zoning ordinance amendment. 

John Oliver appeared before the Council in support of his request.  Mr. Oliver noted he is the co-owner of a vacant building zoned for retail commercial uses that he feels would be compatible for this type use. 

Mayor Barnett asked for comments and/or questions in opposition to the requested ordinance amendment.  There were none. 

Interim Administrator Wilson recommended that “household” should be inserted before “pets” in subsection (a) of the drafted ordinance. 

            Mayor Barnett asked for Council comments and questions regarding the requested amendment. 

Council Member Tallerico moved, seconded by Council Member Borcalli, that the reading in full of the body of Ordinance No. 348-2000 be waived, said ordinance being introduced for first reading by title only.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

            Council Member Tallerico read the title of Ordinance No. 348-2000 and moved introduction for first reading, motion seconded by Council Member Borcalli, said ordinance being in the words and figures following:

ORDINANCE NO. 348-2000

AN ORDINANCE OF THE CITY OF WEED

AMENDING SECTION 4.25 OF ORDINANCE NO. 45-63

OF THE CITY OF WEED RELATING TO “C-1” DISTRICTS

The City Council of the City of Weed does ordain as follows:

            Section 1.  Section 4.25 of Ordinance No. 45-63 of the City of Weed relating to “C-1” Districts, is hereby amended to add Section 4.256 as follows:

(a) Under the column heading “Uses Allowed” add “Services within a building: Pet hospitals, veterinary services for household pets”

(b) Under the column heading “Use Permit Required” add “Yes”.

(c) Under the remaining column headings add, “As specified in use permit”.

Section 2.  This ordinance shall take effect and be in force thirty (30) days after its passage.

Section 3.  This ordinance shall be printed in the Weed Press within fifteen (15) days after its passage.

            Upon roll call, the vote was:

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

REGULAR AGENDA

A.  Centennial Committee

            Mayor Barnett reported that a group of individuals want to start working on a centennial celebration because the community had its start in the 1900’s. 

            Mayor Barnett suggested the appointment of Scott Durbin and Bob Winston to serve as co-chairmen on a steering committee, along with others including Arlandus “Spike” Clark, Margaret Dean, Council Member “Mel” Borcalli, and Alford Linville. 

John Oliver questioned funding for the centennial committee’s work, specifically amount budgeted by the City, and what will be expected of the committee.  Mayor Barnett responded that funds have not been budgeted by the Council, and suggested that the steering committee will be working with the established organizations such as Chamber, Rotary, etc., adding that the event would probably qualify for Transient Occupancy Tax funding under the community event classification. 

Mr. Oliver volunteered to serve on this steering committee, and the Council accepted.

            Council Member Bergfors moved to approve these appointments, and Council Member Obuchon seconded the motion. 

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

            Mayor Barnett asked that City staff write letters to invite the service of these individuals, and suggested that the agenda for the first meeting in March include time for a report of willingness to serve, and possibly an outline of plans. 

B.  Consideration of ordinance enabling the disbursement of Transient Occupancy Tax Funding: Adoption is proposed

            Council Member Tallerico moved, seconded by Council Member Obuchon, that the reading in full of the body of Ordinance No. 347-99 be waived, said ordinance being read and adopted by title only.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

Council Member Tallerico read the title of Ordinance No. 347-99 and moved introduction for second reading and adoption, seconded by Council Member, said ordinance being in the words and figures following:

                                                         ORDINANCE NO. 347-99

                                          AN ORDINANCE OF THE CITY OF WEED

                                        AMENDING THE WEED MUNICIPAL CODE

                                  AT CHAPTER 3.28, TRANSIENT OCCUPANCY TAX,

                                                  AS IT RELATES TO THE USE OF

                     TWO PERCENT OF THE TAX FOR CITY PROMOTION ACTIVITIES

The City Council of the City of Weed does ordain as follows:

Section 1.  Chapter 3.28 of the Weed Municipal Code is amended to add section 3.28.150 to read as follows: 

“3.28.150  Use of tax for designated city promotion.  A.  Two percent (2%), of the rent charged by the operator pursuant to Section 3.28.030 of this chapter shall be used exclusively for city promotion, community events, economic enhancement, and community beautification.

B.  The method employed to distribute the tax hereunder shall be set forth in a resolution as shall from time to time be adopted by the city council.“

Section 2.  This ordinance shall take effect and be in force thirty (30) days after its passage.

Section 3.  This ordinance shall be printed in the Weed Press within fifteen (15) days after its passage.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

C.  Consideration of resolution setting policy for Transient Occupancy Tax distribution

            Interim Administrator Wilson reviewed the specific community purpose classifications that the set-aside two percent Transient Occupancy Tax funds can be used for, and then reviewed a method of prioritizing requests for funding.  Mr. Wilson noted that some years ago a former administrator drafted examples of programs that qualify in the various classifications. 

            Council Members agreed that staff should draft a resolution including the four authorized activities for funding, a brief definition, and suggested funding priorities.  Council Members also requested the list of funding requests submitted in October 1999, be included with the drafted resolution at the time of the next meeting. 

D.  Consideration of City Hall exterior rehabilitation report presented by Public Works Department

            Public Works Director Sharp reported drafting a diagram of a suggested remodel for the front entrance of City Hall that can be used to go out for proposals for the work.  Mr. Sharp added that the building also needs remodel work at the Police Department entrance on the north side, and listed the south side as the third priority for rehabilitation of the building. 

            Council questioned the type of work proposed, and Mr. Sharp responded that it would be a legal fix with a new and safe landing. 

Council discussed a need for an overall plan for the systematic rehabilitation of the building, and then Council Member Bergfors moved to get an artist’s concept of a building design, on an economical basis, for a phased upgrade while going forward with the safety related rehabilitation at the front entranceway.  Council Member Borcalli seconded the motion.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

E.  Consider settlement agreement and release for construction related claims between the City of Weed and PACE Civil, Inc.

            Interim Administrator Wilson reported receipt of a proposed settlement agreement submitted by PACE Civil, Inc., which covers issues related to engineering of the sewer construction project.  Mr. Wilson added that staff has received the agreement and recommends approval. 

            Council Member Tallerico moved to approve the settlement agreement, motion seconded by Council Member Bergfors.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

                                                           CONSENT AGENDA

Council Member Tallerico moved, seconded by Council Member Bergfors, approval of the consent agenda as published including the minutes of December 16, and December 28, 1999; payment of claims #26131 – 26133, #26206 – 26214, #26217 – 26247, #26249, #26252 – 26265, #26267 – 26300, and #26343 - 26374 in the amount of $529,372.84; and the Financial Status Report for Month Ending December 31, 1999.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

ITEMS REMOVED FROM THE CONSENT AGENDA

A.  Claim #26266 to D & R Hardware in the amount of $758.85

            Council Member Borcalli declared a financial conflict of interest and stepped from the dais. 

            Council Member Tallerico moved, seconded by Council Member Bergfors, to approve the payment of claim #26266 to D & R Hardware in the amount of $758.85

AYES:             Council Members Barnett, Bergfors, Obuchon, Tallerico

NOES:             None

ABSENT:        Council Member Borcalli

Council Member Borcalli returned to the dais. 

STAFF REPORTS

            Public Works Director Sharp reviewed the electronics testing at the Wastewater Treatment Plant under the sewer project, and the status of the STIP project noting that proposals for a consultant’s firm will be advertised soon.  Mr. Sharp also reported that Vista Drive requires paving, but the project has been shut down for the winter. 

            City Attorney King reported that the suit filed some months back by Vaune Dillmann has been dropped and the appeal period has passed.  Mr. King added that a federal case is still on going. 

            Interim Administrator Wilson reported on the update of the computer system with regard to the City’s web site. 

ADJOURNMENT

A.  Closed Session

            Council Member Borcalli moved to adjourn to closed session, motion seconded by Council Member Tallerico.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

            Council adjourned to closed session at 8:05 p.m., and returned to open general session at 8:32 p.m.

City Attorney King reported the Council met in closed session pursuant to Government Code §54957, public employment of the City Administrator, and Council agreed to drop the interim part of the identification of City Administrator, and agreed that Earl Wilson is now the City Administrator. 

            City Attorney King reported the Council also met in closed session to discuss labor negotiations pursuant to the Government Code, and Council voted unanimously to reject the request of the Miscellaneous bargaining Unit of Operating Engineers to open the contract regarding retirement benefits.

B.  Sine Die

            Council Member Tallerico moved adjournment, motion seconded by Council Member Obuchon.

AYES:             Council Members Barnett, Bergfors, Borcalli, Obuchon, Tallerico

NOES:             None

ABSENT:        None

MEETING ADJOURNED AT 8:33 P.M. SINE DIE.