WEED CITY COUNCIL

                                                 REGULAR MEETING

                                                    MAY 25, 2000

 

The City Council of the City of Weed held a regular meeting on Thursday, May 25, 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 Amelia “Mel” Borcalli and Joel Obuchon.   Also present were City Administrator Earl Wilson, Finance Director M. Kelly McKinnis, Police Chief Martin Nicholas, Fire Chief Darin Quigley, and Nancy Mazzier, Assistant City Clerk.  City Attorney Allen King had previously announced he had another commitment and would be unable to attend.  James Pierce, Attorney at Law, attended the meeting for Mr. King. 

Mayor Barnett reported that Council Member Vince Tallerico called just prior to the time of the meeting to say he had a work-related emergency that could preclude his attendance at the meeting.  Mayor Barnett then moved to excuse Council Member Tallerico’s absence.  Council Member Borcalli seconded motion.

AYES:              Council Members Barnett, Borcalli, and Obuchon

NOES:              None

ABSENT:         Council Member Tallerico

                                             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. 

George Cavnar, who lives on Arbaugh Street, told of a recent phone call he received about supporting a tax initiative for the community center, and asked if the City will reopen the talks on the project so that the community’s residents, and other communities, can know what programs and sports will be offered, what the costs will be, and whether the Board of Supervisors will be asked to participate. 

COUNCIL MEMBER REPORTS AND COMMENTS

Council Member Borcalli reported correspondence with a community called Weed, New Mexico, population 20 founded by a businessman named William Weed.  Council Member Borcalli also reviewed the Adopt a Street Program map, displayed the logo, and gave a status report noting the kick off date of June 3. 

Mayor Barnett gave a report on the field trip workshop the Sign Committee held on May 23.

REGULAR AGENDA

A.  Consideration of appointment of Council Member to fill the term vacated by Roy Bergfors, term to expire in November 2002

            Mayor Barnett reported the receipt of applications from three individuals interested in appointment to the City Council.  Mayor Barnett noted the Council must either appoint within thirty days, or agree to put the matter on the November ballot.  Council agreed to go ahead in spite of the absence of Council Member Tallerico, and Mayor Barnett suggested allowing an oral presentation from each individual. 

            Harold Baltar, Gerry Sprunger, and Brian Ramsey each introduced themselves to the Council. 

            Council Members asked questions regarding availability for regular meetings and budget experience.

            Mayor Barnett moved to appoint Harold Baltar to the position of City Council Member.  The motion died for lack of a second. 

Acting City Attorney Pierce advised that while a 2-1 vote is a majority of the quorum present, a legal review would indicate whether a majority of the Council is required.  Mr. Pierce added that if the majority of a 3-member quorum is somehow suspect after review, a special meeting could be held within the 30-day period when the full 4-member quorum can be present. 

            Council Member Obuchon moved to table action to next meeting.  The motion died for lack of a second. 

            Council Member Borcalli moved to appoint Brian Ramsey to a term expiring in 2002.  Motion seconded by Council Member Obuchon.

AYES:              Council Members Borcalli, and Obuchon

NOES:              Council Member Barnett

ABSENT:         Council Member Tallerico

             Acting City Attorney Pierce reiterated that the vote can stand pending a legal review, and he will advise City Administrator Wilson as soon as possible.  Mr. Pierce then volunteered to look at Municipal Law Handbook if the Council is willing to take a 10-minute recess. 

            Council Member Obuchon moved to adjourn for ten minutes, and Council Member Borcalli seconded motion.

AYES:              Council Members Barnett, Borcalli, and Obuchon

NOES:              None

ABSENT:         Council Member Tallerico

            Council adjourned at 7:42 p.m., and returned to open general session at 8:08 p.m.

            Acting City Attorney Pierce stated he was able to find a case with a 2-2 vote that was upheld however, due to the age of that case, he recommended the vote be re-opened. 

            Council Member Obuchon moved to re-open the appointment procedure.  Council Member Borcalli seconded the motion. 

AYES:              Council Members Barnett, Borcalli, and Obuchon

NOES:              None

ABSENT:         Council Member Tallerico

            Council Member Borcalli moved to appoint Brain Ramsey, and Council Member Obuchon seconded the motion. 

AYES:              Council Members Barnett, Borcalli, and Obuchon

NOES:              None

ABSENT:         Council Member Tallerico

            Brian Ramsey stepped forward and City Administrator Wilson administered the Oath of Office, and new Council Member Ramsey then took a seat on the dais. 

B.  Consider approval of Lease Agreement for Cellular Antenna Site

            City Administrator Wilson reported that the Chief of Police has been negotiating for an antenna site to get more complete radio coverage, and Cal-One Cellular, doing business as Cal-North Cellular has offered space on both its antenna support structure, and its equipment building.  City Administrator Wilson reported the proposed agreement has been reviewed and approved by City Attorney King. 

            Council Members questioned coverage and costs.  Chief of Police Nicholas responded that tests indicate no problem areas with coverage, and costs have been included under radio maintenance in the proposed budget for the upcoming fiscal year. 

            Council Member Borcalli moved, seconded by Council Member Obuchon, to approve as presented with the Chief of Police authorized to execute the agreement on behalf of the City. 

AYES:              Council Members Barnett, Borcalli, Obuchon, and Ramsey

NOES:              None

ABSENT:         Council Member Tallerico

C.  Consider Resolution to Amend Joint Powers Agreement of the Small Cities Organized Risk Effort (SCORE)

            City Administrator Wilson reviewed that the City is a member of a joint powers agreement for the purposes of self-insurance, and the Board has recommended technical changes to the agreement.  City Administrator Wilson noted that the amendment does not alter the original intent of the self-insurance program. 

Council Member Obuchon moved, seconded by Council Member Borcalli, that the reading in full of the body of Resolution No. 11-2000 be waived, said resolution being introduced and adopted by title only.

AYES:              Council Members Barnett, Borcalli, Obuchon, and Ramsey

NOES:              None

ABSENT:         Council Member Tallerico

Council Member Obuchon read the title of Resolution No. 11-2000 and moved adoption, seconded by Council Member Borcalli, said resolution being in the words and figures following:

RESOLUTION NO. 11-2000

                                             A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF WEED AUTHORIZING AMENDMENTS TO THE

JOINT POWERS AGREEMENT

FORMING THE SMALL CITIES ORGANZIED RISK EFFORT

WHEREAS, Small Cities Organized Risk Effort (SCORE), a joint powers authority, was formed on July 1, 1986 to provide risk management, self-insurance and other protective devices to minimize the effects of fortuitous losses; and

WHEREAS, SCORE has successfully provided such services to the twenty cities, including the City of Weed, who are party to the Joint Powers Agreement;

WHEREAS, although the original Joint Powers Agreement has been modified in the past, the current form of the Joint Powers Agreement needs to be amended to reflect the changes in the Government Code, the judicial decisions which have occurred over the years and the means in which the joint powers authority is operating; and

WHEREAS, the City of Weed has received benefit from its participation in SCORE and the changes to the Joint Powers Agreement will enhance the efficient operations to enable greater benefits in the future;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that

1.  The City of Weed accepts the amends, as presented in the attached copy, to the Joint Powers Agreement to be effective July 1, 2000; and

2.  The City of Weed authorizes the City Administrator to execute the amended Joint Powers Agreement.

            Upon roll call the vote was:

AYES:              Council Members Barnett, Borcalli, Obuchon, and Ramsey

NOES:              None

ABSENT:         Council Member Tallerico

D.  Presentation of the proposed budget for fiscal year 2000/2001

            City Administrator Wilson reported the budget is still in development and will be distributed in the near future, and recommended the Council agreed to set a special meeting for a workshop after receipt and review. 

STAFF REPORTS

            Fire Chief Quigley reported graduating 24 Fire Fighter I students at the Academy’s graduation last weekend. 

            Police Chief Nicholas thanked all those involved in the Every 15 Minutes program’s planning over the last several months, and its culmination on May 18 and 19. 

            Finance Director McKinnis reported, in the absence of Public Works Director Sharp, that the Shastina Drive STIP project is moving forward.  Mr. McKinnis added that staff is working with railroad representatives regarding a move in the rail crossing, and the City is on the list for funding in the 2002/2003 cycle. 

ADJOURNMENT

A.  Closed Session pursuant to Government Code §54956.95, liability claims

Claimant:  Patricia Pitsenbarger

Agency claimed against:  City of Weed

          Council Member Obuchon moved to adjourn to closed session, motion seconded by Council Member Ramsey.

AYES:              Council Members Barnett, Borcalli, Obuchon, and Ramsey

NOES:              None

ABSENT:         Council Member Tallerico

            Council adjourned to closed session at 8:25 p.m., and returned to open general session at 8:34 p.m.

            Acting City Attorney Pierce reported the Council met in closed session to consider a Claim for Money or Damages submitted by Patricia Pitsenbarger.  Mr. Pierce stated the Council received direction and information concerning the claim, and motion was made and carried to pay the claim.

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

AYES:              Council Members Barnett, Borcalli, Obuchon, and Ramsey

NOES:              None

ABSENT:         Council Member Tallerico

MEETING ADJOURNED AT 8:36 P.M. SINE DIE.