WEED CITY
COUNCIL
REGULAR MEETING
MARCH
9, 2000
The City Council of the City of Weed held a regular
meeting on Thursday, March 9, 2000 at 7:00 p.m. in the Council Chambers at City
Hall.
Mayor Neva Barnett called the meeting to order and
Council Member Roy Bergfors led recitation of the Pledge of Allegiance. Present, in addition to Mayor Barnett and
Council Member Bergfors were Council Members Amelia “Mel” Borcalli, and Vince
Tallerico. Mayor Barnett reported that
Council Member Joel Obuchon is absent due to a work-related conflict. Council Member Borcalli moved to excuse the
absence of Council Member Obuchon, and Council Member Tallerico seconded the
motion.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Also present were City Administrator Earl Wilson,
City Attorney Allen King, Finance Director M. Kelly McKinnis, Fire Chief Darin
Quigley, Public Works Director Craig Sharp, and City Clerk Deborah
Salvestrin.
A. Census 2000: The American Community Survey – New Road Map to America’s Future;
In Any Language, the Census is Important
Michelle
McKinnis, community census worker, gave a brief presentation on the importance
of the census, and the process including the urban, rural, and wilderness
operations. Ms. McKinnis displayed
posters that are available for display in businesses and public buildings as
public service announcements. Ms.
McKinnis stressed that the importance of the census is for funding purposes for
which future funding is based.
City
Administrator Wilson noted that part of the City’s revenue is dependent upon
population, specifying that gas and motor vehicle taxes are examples.
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 can be taken by the Council except to set
the matter presented for the next regular Council meeting.
Steve Rock, local small business owner, questioned the
proposed sign changes and how it will affect getting traffic into the north
part of town. Mr. Rock was told that
his questions and comments would be appropriate at the time of the public
hearing on this matter. Mayor Barnett
noted that the Council is scheduled to set the hearing date later in this
agenda.
Council
Member Bergfors reported on attendance at the League of Siskiyou Cities’ Board
of Director’s meeting at which time the joint powers agency for the purchase of
Pacific Power and Light Company was discussed, and Council Member Ken
Humberston, City of Dunsmuir was nominated to the Board for the Nor Cal
electric authority.
Council
Member Borcalli gave an update on the status of the Adopt a Street
Program.
Mayor
Barnett reported on attendance at a Community Center meeting noting the
emphasis was on budgets, and announced that the D.A.R.E. graduation is taking
place at the Elementary School concurrently with the Council meeting. Mayor Barnett also displayed an article from the San Francisco
Examiner about an athlete currently attending College of the Siskiyous.
A. A Resolution of The City Council of The City Of Weed Approving
an Application and Contract Execution for Funding From the General/Native
American Allocation of the State Community Development Block Grant (CDBG)
Program and Authorizing the Execution of a Grant Agreement and any Amendments
Thereto With the State Of California for the Purposes of this Grant
City
Administrator Wilson reviewed that application for housing rehabilitation
funding was authorized by Council at its February 24 meeting, and added that
the resolution approving submittal of the application has been drafted for
Council action. City Administrator
Wilson also reviewed the application totals and the leveraging amounts.
Council Member Borcalli moved, seconded by Council
Member Bergfors, that the reading in full of the body of Resolution No. 02-2000
be waived, said resolution being introduced and adopted by title only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council Member Borcalli read the title of Resolution
No. 02-2000 and moved adoption, seconded by Council Member Bergfors, said
resolution being in the words and figures following:
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEED
APPROVING AN
APPLICATION AND CONTRACT EXECUTION
FOR FUNDING FROM THE
GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO
BE IT RESOLVED by the City Council of the City of
Weed as follows:
Section 1.
The City Council has reviewed and hereby approves an application for up
to $500,000 as follows:
Housing Rehabilitation $462,500
General Administration $
37,500
Total $500,000
Section 2. If
the grant application is approved, the City will provide local leverage as
follows:
Staff time $
12,500
Permit fee waivers $
2,000
Heat source $
15,000
Miscellaneous Income $
40,000
Total $ 69,500
Section 3.
The City Administrator, or the Finance Director in the absence of the
City Administrator, is hereby authorized and directed to act on the City’s
behalf in all matters pertaining to this application.
Section 4. If
the application is approved, the City Administrator or the Finance Director, in
the absence of the City Administrator, is authorized to enter into and sign the
grant agreement and any amendment thereto with the State of California for the
purposes of this grant.
Upon roll call, the vote was:
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council
Member Tallerico asked whether Council would have to consider a replacement on
the Loan Committee for Elmer Zimmerman.
Staff agreed to find out. B. City Council Meeting Schedule: Review and discussion – Municipal Code
§2.04.010 (“The City Council shall hold regular meetings on the second and
fourth Thursdays of each month at the hour of seven p.m., provided however,
that in the months of November and December, the regular meeting shall be held
only on the second Thursday of said months.”)
Council Member Tallerico asked
Council to consider changing the meeting times. Council Member Tallerico suggested a morning meeting for the
first meeting of the month, and a 6:00 p.m. starting time for the second meeting
of the month. Council Member Tallerico
added that several cities in Shasta County have changed their meetings to day
times, and the Siskiyou County Board of Supervisors also meets during the day.
Mayor Barnett stated that a schedule
change would take an ordinance amendment that requires a first reading, an
adoption, and then a thirty period before it becomes effective.
Council discussed various days,
times, and conflicts, and directed staff to draft an ordinance to initiate
discussion using 9:00 a.m. for the first meeting on the second Thursday of the
month, and 6:00 p.m. for the second Thursday of the month.
C. Resolution of the City Council of the City
of Weed Authorizing the County of Siskiyou to Act as Lead Applicant for a
Regional Use Oil Recycling Block Grant
City Administrator Wilson
reported receipt of request from the County Public Works Department inviting
participation in an application for funding from the California Oil Recycling
Enhancement Act to establish and maintain local used oil collection programs
that encourage recycling or appropriate disposal of used oil.
Council Member Tallerico moved, seconded by Council
Member Borcalli, that the reading in full of the body of Resolution No. 03-2000
be waived, said resolution being introduced and adopted by title only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council Member Bergfors pointed out
an obvious typing error in the drafted resolution presented to Council, and
staff assured Council the final resolution would be for the 2000/2003 funding
cycle.
Council Member Tallerico read the title of Resolution
No. 03-2000 and moved adoption, seconded by Council Member Borcalli, said
resolution being in the words and figures following:
RESOLUTION NO. 03-2000
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEED
AUTHORIZING THE COUNTY OF
SISKIYOU TO ACT AS LEAD APPLICANT
FOR A REGIONAL USED OIL
RECYCLING BLOCK GRANT
WHEREAS, the people
of the State of California have enacted the California Oil Recycling
Enhancement Act that provides funds to cities and counties for establishing and
maintaining local used oil collection programs that encourage recycling or
appropriate disposal of used oil; and
WHEREAS, the California Integrated
Waste Management Board has been delegated the responsibility for the
administration of the program within the State, setting up necessary procedures
governing application by cities and counties under the program;
WHEREAS, the applicant will enter
into an agreement with the State of California for development of the project;
NOW, THEREFORE, BE IT RESOLVED that
the City Council of the City of Weed authorizes the County of Siskiyou to
submit to the California Integrated Waste Management Board a regional
application for the 2000/2003Oil Recycling Block Grant on its behalf; and
FURTHER,
BE IT RESOLVED that the City Council of the City of Weed hereby authorizes the
County of Siskiyou to submit to the California Integrated Waste Management
Board a regional application for the 2000/2003 Used Oil Recycling Block Grant
on its behalf; and
FURTHER, BE IT RESOLVED the County of Siskiyou is
hereby authorized and empowered to execute all necessary applications,
contracts, payment requests, agreements and amendments hereto for the purposes
of securing grant funds and to implement and carry out the purposes specified
in the grant application.
UPON ROLL CALL, THE VOTE WAS:
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
D.
Zoning ordinance text amendment:
Mayor Barnett reported that the
Planning Commission held a public hearing on March 1 to consider an amendment
of the zoning ordinance to permit off-site advertising signs.
City Administrator Wilson recommended setting a
hearing date, and Mayor Barnett encouraged the Council Members to become
informed on the issue.
Council Member Borcalli moved to set the hearing for
April 13, 2000, and Council Member Tallerico seconded the motion.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
E. Personnel Ordinance Amendment:
City Administrator Wilson reviewed
that the City staff was directed to update the City’s personnel system, and
reported the drafting of an ordinance to replace the existing ordinance and
which will serve as a foundation for the rest of the personnel system.
Council Member Tallerico moved,
seconded by Council Member Borcalli, that the reading in full of the body of
Ordinance No. 349-2000 be waived, said ordinance being introduced for first
reading by title only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council Member Tallerico read the title of Ordinance
No. 349-2000 and moved introduction for first reading, seconded by Council
Member Borcalli, said ordinance being in the words and figures following:
ORDINANCE NO 349-2000
AN ORDINANCE OF THE CITY OF WEED
AMENDING TITLE 2, ADMINISTRATION AND PERSONNEL
OF THE WEED MUNICIPAL CODE
THE CITY COUNCIL OF THE
CITY OF WEED DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.12.100 of the Weed Municipal Code
is hereby amended to delete “or employee” after “department head” in the first
sentence. Said first sentence shall
read as follows: “It shall be the duty
of the city administrator to recommend to the council the appointment, removal,
promotion, demotion of any department head.”;
Section 2.
Chapter 2.36 of the Weed Municipal Code is hereby repealed in its entirety.
Section 3.
Chapter 2.36 is hereby added to the Weed Municipal Code to read as
follows:
“Chapter 2.36
Sections:
2.36.010 Adoption
of personnel system
2.36.020 Definitions
2.36.030 Administration
2.36.040 Competitive
service
2.36.050 Adoption
and amendment of rules
2.36.060 Appointments
2.36.070 Probationary
period
2.36.080 Status
of present employees
2.36.090 Demotion,
dismissal, reduction in pay, suspension, reprimand
2.36.100 Right
of appeal
2.36.110 Lay-off
and re-employment
2.36.120 Political
activity
2.36.130 Contracts
for special service
2.36.140 Severability
2.36.010 Adoption of personnel system. In order
to establish an equitable and uniform system for dealing with personnel
matters, and to comply with applicable laws relating to the administration of
the personnel process, the following personnel system is hereby adopted.
2.36.020 Definitions. The
terms used to administer the personnel system shall be defined in the personnel
rules.
2.36.030 Administration. The city
administrator shall administer the city personnel system and may delegate any
of the powers and duties to a personnel director or may delegate the appointing
authority granted by the city council to any other officer or employee of the
city or may recommend that such powers and duties be performed under contract
as provided in section 2.36.130 of this chapter. The city administrator shall:
A. Act as the
appointing authority for the city.
B. Administer
all the provisions of this ordinance and of the personnel rules not
specifically reserved to the city council.
C. Prepare and recommend to the city council
personnel rules and revisions and amendments to such rules.
D. Prepare or cause to be prepared a position
classification plan, including class specifications, and revisions of the plan.
E. Have the authority to discipline employees in
accordance with this title and the personnel rules of the city.
F. Provide for the publishing or posting of notices
of tests for positions in the competitive service; and receiving of
applications therefore; the conducting and grading of tests; the certification
of a list of all persons eligible for appointment to the appropriate position
in the competitive service; and performing any other duty that may be required
to administer the personnel system.
2.36.040 Competitive service. The
provisions of the ordinance shall apply to all officers, positions and
employments in the service of the city, except:
A. Elective
officers.
B. The city
administrator and any assistants to the city administrator.
C. The city attorney and any assistant or deputy city
attorneys.
D. The city clerk and any assistant or deputy city
clerks.
E. Members of appointive boards, commissions, and
committees.
F. The following department heads:
1.
chief of police
2.
director of finance
3.
director of public works
4.
fire chief
G. Volunteer personnel, such as volunteer fire
fighters.
H. All council appointed city officers.
I.
Emergency employees who
are hired to meet the immediate requirements of any emergency condition, such
as extraordinary fire, flood, or earthquake that threatens life or property.
J. Employees, other than those listed elsewhere in
this section, which are not regularly employed in permanent positions. “Regularly employed in permanent positions”
means an employee hired for an indefinite term into a budgeted position, who is
regularly scheduled to work no less than one thousand and forty (1040) hours
per year, and has successfully completed the probationary period and been
retained as provided in this ordinance and the personnel rules.
K. Any position primarily funded under a state or
federal employment program.
L. Employees not included in the competitive service
under this section shall serve at the pleasure of their appointing authority.
2.36.050 Adoption and amendment of rules. Personnel rules shall be adopted by
resolution of the city council. The
rules may establish regulations governing the personnel system, including:
A. Preparation, installation, revision, and maintenance of a position
classification plan covering all positions in the competitive service,
including employment standards and qualifications for each class.
B. Appropriate announcement of the selection process and acceptance
of applications for employment.
C. Preparation and conduct of tests and the
establishment and use of resulting employment lists containing names of persons
eligible for appointment.
D. Certification and appointment of persons from
employment lists, and the making of provisional appointments.
E. Establishment of probationary testing periods.
F. Evaluation of employees during the probationary
testing period and thereafter.
G. Transfer, promotion, demotio0n, reinstatement,
disciplinary action and layoff of employees in the competitive service.
H. Separation of employees from the city service.
I.
The establishment and
maintenance of adequate personnel records for purpose of accounting and legal
requirements.
J. The establishment of any necessary appeal
procedures.
2.36.060 Appointments. Appointments to vacant positions in the
competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based
on merit and fitness to the ascertained so far a practicable by competitive
examination. Examinations may be used
and conducted to aid the selection of qualified employees and shall consist of
selection techniques which will test fairly the qualifications of candidates
such as achievement and aptitude tests, written tests, personal interview,
performance tests, physical agility tests, evaluation of daily work
performance, work samples or any combination of these or other tests. The probationary period shall be considered
an extension of the examination process.
Physical, medical and psychological tests may be given as part of any
examination.
In
any examination the City Administrator or his/her designee may include, in
addition to competitive tests, a qualifying test or tests, and set minimum
standards therefore.
The
appointing authority of employees in the competitive service is the city
administrator. The city administrator
may delegate the appointing authority to any other officer or employee of the
city.
2.36.070 Probationary period. All
regular appointments, including promotional appointments, shall be for a
probationary period of not less than one year.
The appointing authority may extend such probationary period up to six
additional months. The probationary
period shall commence from the date of appointment. In the event of illness or injury requiring absence from work the
number of days absent shall be added to the length of the probationary
period. During the probationary period,
the employee may be rejected at any time without the right of appeal, hearing
or any grievance procedure.
If
the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the
Personnel Officer a statement in writing to such effect and stating that the
retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to
be unsatisfactory and his employment terminated at the expiration of the
probationary period. Where a statement
of satisfactory service has not been filed, the personnel officer shall serve
notice of the termination on the terminated employee after the expiration of
the selection period.
An
employee rejected during the probationary period from a opposition to which he
has been promoted shall be reinstated to a position in the class from which he
was promoted unless he is discharged from the City service as provided in the
personnel rules. If no vacancy exists
in such position, he shall be placed on a re-employment list as provided in the
personnel rules.
2.36.080 Status of present employees. Any
person holding a position included in the competitive service who, on the
effective date of this ordinance, shall have served continuously in such
position, or in some other position in the competitive service, for a period
equal to the probationary period prescribed in the rules for his class, shall
assume regular status in the competitive service in the position held on such
effective date without qualifying test, and shall thereafter be subject in all
respects to the provisions of this ordinance and the personnel rules.
Any other persons
holding positions in the competitive service shall be regarded as probationers
who are serving out the balance of their probationary periods as prescribed in
the rules before obtaining regular status.
The probationary period shall be computed from the date of appointment
or employment.
2.36.090 Demotion, dismissal, reduction in pay,
suspension, reprimand. The city administrator or any appointing
power shall have the authority to demote, discharge, reprimand, reduce in pay,
or suspend, any regular employee for cause in accordance with procedures included
in the personnel rules.
2.36.100 Right of appeal. Any
employee in the competitive service shall have the right to appeal a demotion,
reduction in pay, suspension, or discharge for disciplinary or medical reasons,
except in those instances where the right of appeal is specifically prohibited
by this ordinance or the rules adopted hereunder.
All
appeals shall be processed in accordance with the requirements and procedures
as set forth in the personnel rules adopted pursuant to this ordinance.
2.36.110
Lay-off and re-employment. Lay-off
and re-employment actions shall follow the process outlined in the personnel
rules.
2.36.120 Political activity. The
political activities of city employees shall conform to pertinent provisions of
state law and any local provisions adopted pursuant to state law.
2.36.130 Contracts for special service. The city
administrator shall consider and make recommendations to the city council
regarding the extent to which the city should contract for the performance of
technical services in connection with the establishment or operation of the
personnel system. The city council may
contract with any qualified person or public or private agency for the
performance of all or any of the following responsibilities and duties imposed
by this ordinance:
A. The preparation of personnel rules and subsequent
revisions and amendments thereof.
B. The preparation of a position classification plan,
and subsequent revisions and amendments thereof.
C. The preparation, conduct and grading of competitive
tests.
D. The conduct of employee training programs.
E. Special and technical services of advisory or
informational character on matters relating to personnel administration.
2.36.140 Severability. If any
part of this chapter is found to be unenforceable, the other parts shall remain
in force insofar as they can be given meaning and effect."
Section
4. This ordinance shall take
effect and be in force thirty (30) days after its passage.
Section
5. 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, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
CONSENT AGENDA
Mayor Barnett stated that all items listed under the
published consent agenda are considered to be routine and will be enacted by
one motion, and there will be no separate discussion of the items unless
members of the audience or Council request specific items be removed from the
Consent Agenda for discussion prior to the time the Council votes.
Mayor Barnett asked if there are items to be removed
from the consent agenda. There was
none other than as published.
Council Member Borcalli moved,
seconded by Council Member Bergfors to approve as published, the
minutes of February 10 and 24, 2000; payment of Claims #26300 – 26304, #26306 –
26315, #26316 – 26329, #26331 – 26339, #26376, #26432 – 26441, #26480 – 26493,
#26496 – 26508, and #26511 – 26558 in the amount of $1,131,127.84; the Financial Status Report for
Month Ending February 29, 2000, and fund transfer to cover the purchase of fire
hose authorized by Council on July 22, 1999 in the amount of $3,369.98 from
Account 10-410-422 to Account 10-422-475.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
ITEMS REMOVED FROM THE
CONSENT AGENDA
A. Claim #26509 to D & R Hardware in the
amount of $287.06
Council Member Borcalli stepped from
the dais due to a monetary conflict of interest.
Council
Member Tallerico moved to approve payment of Claim #26509 to D & R Hardware
in the amount of $287.06. Council
Member Bergfors seconded the motion.
AYES: Council
Members Barnett, Bergfors, and Tallerico
NOES: None
ABSENT: Council Members Borcalli, and
Obuchon
Council Member Borcalli returned to
the dais.
City Attorney King
reported that an answer has been filed to the Caldwell Complaint for
Declaratory Relief.
ADJOURNMENT
Council Member Tallerico moved
adjournment, and Council Member Bergfors seconded the motion.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
MEETING
ADJOURNED SINE DIE AT 7:46 P.M.