WEED CITY COUNCIL

                                                 REGULAR MEETING

                                               SEPTEMBER 14, 2000

 

 

The City Council of the City of Weed held a regular meeting on Thursday, September 14, 2000, at 9:00 a.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, Brian Ramsey, and Vince Tallerico.  Also present were City Administrator Earl Wilson, City Attorney Allen King, Finance Director M. Kelly McKinnis, Police Chief Martin Nicholas, Public Works Director Craig Sharp, and City Clerk Deborah Salvestrin. 

 

Mayor Barnett reported that Council Member Joel Obuchon called to say he is ill and requested to be excused.  Council Member Borcalli moved, seconded by Council Member Ramsey, to excuse the absence of Council Member Obuchon. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

                                             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. 

 

James Gubetta, 202 Woodridge Court, asked to call the Council’s attention to certain costs charged against the Solid Waste Fund that in his opinion do not reflect the true user costs.  Mr. Gubetta cited the 1997/98 budgeted general government costs as $14,113, and the 1999/00 budget monies at $49,872.  Mr. Gubetta claimed that Proposition 4 prohibits allocation of these costs.

 

John Diehm, manager of the Weed Bunk House on N. Davis Avenue, expressed disappointment that vandalism to the Bunk House occurred after a recent College of the Siskiyous football game when an unauthorized party was held there.  Mr. Diehm stated that the Police Department knew there were a large number of individuals in the parking lot and claimed they did nothing.  Mayor Barnett asked for a staff report on the incident. 

 

Janice Smith, 639 S. Weed Boulevard, reported that for six years she has suffered with sand in the water line that has caused problems with the washing machine and toilets every year.  Ms. Smith expressed aggravation and frustration with the problem because she is paying the same amount of money as everyone else in town and not getting the quality she should be.  Ms. Smith added it seems the City is not taking any steps to correct the problem, and urged the Council not to expend money on another “band aid” in the form of a sand separator because it may or may not solve the problem. 

 

Lave Mazzier, 701 Oregon Street, reported similar problems noting that he has had to call the City out three times, and that he has had to clean out the washing machine, and his sprinkler heads continually require maintenance due to rocks in the water line. 

 

COUNCIL MEMBER REPORTS AND COMMENTS

 

Council Member Borcalli reported attendance at a Centennial Committee meeting at which time a timeline was drafted that will provide activities throughout most of next year.  Ms. Borcalli noted that this celebration is a birthday party for the community and encouraged everyone to participate. 

 

Council Member Borcalli displayed one of the signs for the Adopt a Street Program and asked Reuben Alvarado who drafted the design for the sign to come forward for a photo opportunity. 

 

Council Member Ramsey reviewed his attendance at the League of California Cities’ annual conference where he attended many educational and informative sessions. 

 

Mayor Barnett reported receipt of correspondence from Senator Johannessen in response to ours regarding binding arbitration.  Mr. Johannessen’s letter indicated he opposed the measure however it did pass and will be sent to the Governor for signature.  Council Member Ramsey interjected that the matter was discussed at the League Conference, and litigation will be started to stop the binding arbitration bill. 

Mayor Barnett reported attendance at the League of Siskiyou Cities’ Board of Directors meeting at which time McCloud Community Services District has asked to become a voting member.  Mayor Barnett noted that correspondence will be mailed directly to all Council Members requesting comment, and the vote will be held at the quarterly general assembly meeting in October. 

 

Mayor Barnett then read correspondence from Henry Barbour of England who reported a court summons for non-payment of Council Tax. 

 

Mayor Barnett also complained about the delivery of phone books that were left at a neighborhood U. S. Postal Service lockbox instead of delivered door to door and then subsequently got wet and became unsightly litter.  Mayor Barnett asked that staff send a letter to the responsible parties asking that the books be delivered to doorsteps. 

 

REGULAR AGENDA

 

A.  Refuse (garbage and trash) Removal:  Council will consider renewal of agreement with C & D Waste Removal, Inc.

 

City Attorney King recommended the Council adjourn to closed session in order that he can advise the Council of certain aspects related to this item. 

 

Council Member Tallerico moved adjournment to closed session, and Council Member Borcalli seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

The Council adjourned to closed session at 9:29 a.m., and returned to open general session at 9:48 a.m. 

 

City Attorney King reported that the City Council met in closed session pursuant to Government Code §54956.9 b. 1 to consider facts and circumstances that, in the opinion of the city attorney, may constitute a significant exposure of litigation to the City.

 

City Attorney King stated that after review of the agreement, it has terminated by operation of law on June 30, there having been given written notice in September 1999 pursuant to contract.  Mr. King added that the previous agreement has expired and can’t simply be renewed but must be bid.  Mr. King reminded the Council of the receipt of correspondence from another company that has expressed interest in bidding on the garbage contract in the future. 

 

Paul Clemens, owner of C & D Waste Removal, stated that a previous city attorney determined that public service contracts do not have to go to bid.  Mr. Clemens also explained that his company was interested in modifying some of the provisions of the contract including term and it was determined that the proper method would be through the process required by the giving of notice.  Mr. Clemens added that the City, including the City Attorney, is responsible for reaching the expiration without contract review because it was not pursued with diligence. 

 

Calvin Vanderhoof, 350 Cypress Avenue, urged the Council to consider renewing the agreement because C & D has a good service reputation and gives special consideration to senior citizens. 

 

Janice Smith, 639 S. Weed Boulevard, agreed that C & D Waste Removal provides a good service, and expressed sympathy for C & D Waste Removal stating that the City created the expiration problem at C & D’s expense.  Ms. Smith urged the Council to determine what can be done in the future to avoid this type of problem. 

 

Shanna Machado, 467 Main Street, spoke on behalf of C & D Waste Removal, and urged the Council to consider their long-standing service record as no comparison to that of a brand new company.  Ms. Machado also spoke in support of the proposal for the wheeled cans because they will keep litter to a minimum, and dogs out of the garbage. 

 

City Attorney King offered that the Council could assume the responsibility for not negotiating in a timely manner which result may have compromised the position of C & D Waste removal and then extend the contract.  Mr. King cautioned however, that liability might still exist. 

 

Council Member Tallerico moved, seconded by Council Member Borcalli, to approve a three-year contract.

 

Mayor Barnett questioned the intent, and whether this motion simply extends the existing contract. 

 

City Attorney King advised the Council it could act as though the September letter was never sent, and extend the contract. 

 

Council Member Tallerico withdrew his motion to approve a three-year contract and Council Member Borcalli withdrew her second. 

 

Council Member Tallerico then moved to withdraw the September 29, 1999, letter written to C & D Waste Removal announcing the City’s intention not to automatically renew, and to extend the C & D Waste Removal contract for a period of three years.  Council Member Borcalli seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

City Attorney King clarified that the intention of the motion is that the contract automatically extended on June 30, 2000, for a term of three years. 

 

Council Member Borcalli moved, seconded by Council Member Ramsey, to place the Garbage Committee recommendations regarding contract amendments on the next Council agenda. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

B.  Community Action Plan:  Council will consider the adoption of the update of the Plan – facilitation by Brian Hoffmann, Siskiyou County Economic Development Council

 

Brian Hoffman presented the preliminary draft of the Community Action Plan to the Council for review and recommendations. 

 

Council agreed to set a special meeting on Wednesday, September 27, at 5:15 p.m., for a workshop to work on the project work sheets for the high priority issues. 

 

C.  Noise:  Council will consider an ordinance to regulate excessive noise by prohibiting the practice known as “jake-braking” and provide penalties for such

 

City Attorney King reported he has had no response from CalTrans regarding the City’s request to adopt an ordinance to regulate noise generated by trucks and their air brakes.  Mr. King added that he interprets the lack of response as CalTrans is not going to authorize the ordinance. 

 

City Attorney King then reviewed a section from the Vehicle Code that regulates noise limits and can be enforced by the City. 

 

Sam Catalano, 571 Weed Boulevard, stated he has observed the noisy trucks for years and has found log trucks to be the ones that create the most noise.  Mr. Catalano added that the train makes 10 times more noise than the trucks. 

 

Discussion ensued as to enforcement procedures and penalties.  The Council agreed that the Police Department should consider enforcement of the noise limits in the Vehicle Code. 

 

D.  Off-site advertising sign:  Council will consider an off-site sign application submittal to the State and the City

 

Council Member Borcalli questioned whether the Council is interested in the City pursuing an advertising sign to be placed on the City property on Shastina Drive. 

 

Council discussed a sign welcoming visitors, and a sign offering advertising to local businesses for a fee.  It was noted that the second is classified as an off-site sign and therefore comes under the new ordinance permit requirements, and the first sign is not subject to permit requirements. 

 

Steve Anderson, owner of Anderson Metal Building Products on S. Weed Boulevard, questioned whether the City will be applying for a permit through CalTrans and expressed concern that the City will then be in competition for the available advertising area that he is subject to. 

 

Council questioned costs for construction and on-going maintenance, and then Council Member Tallerico moved, seconded by Council Member Borcalli, that the staff is directed to move forward with an application to the State. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Council Member Borcalli moved to amend the order of the agenda to accommodate members of the audience who are here regarding the Mazzei water well problem.  Mayor Barnett seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

G.  Mazzei Water Well:  Council will consider and discuss the sand separation program and direct staff to proceed

 

City Administrator Wilson reviewed that the Council previously approved funding for a project to view the well with an underwater camera in attempt to identify the sand problem and thereby determine a solution.  Mr. Wilson added that the camera malfunctioned and the well was not viewed.  Mr. Wilson stated that Public Works Director Sharp recommends appropriation of funding to purchase and install a sand separator.  Mr. Wilson indicated that the separator is not a guarantee, and if it doesn’t work, a new well may be required. 

 

Mayor Barnett cautioned that staff is aware that the sand separator may just be a band-aid and not a permanent solution, however the problem is getting worse and something must be done as soon as possible. 

 

Sam Catalano and Janice Smith, both residents of S. Weed Boulevard described their sand problems, and questioned methods and costs for solutions.  Mayor Barnett described problems to her sprinkler systems and washing machine.  Mayor Barnett also briefly described the claim process whereby a resident who sustains damage can present a claim for damages to the City one time only. 

 

Public Works Director Sharp stated that he would still like to have the well viewed at the time the separator is installed. 

 

Council Member Tallerico moved, seconded by Mayor Barnett, to appropriate $24,000 from the Water Capital Fund for the Mazzei water well sand separator project, and to authorize the televiewing of the well at the time the well is shut down for the separator installation. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Council Member Borcalli stepped from the dais and the room at 11:04. 

 

E.  Summer Youth Employment Program:  Discussion and consideration

 

City Administrator Wilson reported that Workforce Connection did not have a summer youth program last summer but is planning to next summer.  City staff will be meeting with program representatives to see how the program will work for the City. 

 

Council Member Borcalli returned to the room and dais at 11:05 a.m.

 

F.  City Hall building improvement/rehabilitation:  Council will consider the status report and discuss staff’s direction to proceed

 

Public Works Director Sharp reported that Bob Peel is developing a materials list and cost estimate and it should be ready for Council review at the next meeting.

 

H.  Employee “meet and confer”:  Council will consider appointment of team members to represent the City for labor negotiations

 

Council Members Tallerico and Ramsey both volunteered, and Mayor Barnett moved appointment of a Negotiating Team consisting of the city administrator, the finance director, and Council Members Tallerico and Ramsey.  Council Member Borcalli seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

I.  Surplus property:  Consideration of Resolution designating certain City property as surplus and directing disposal

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 18-2000 be waived, said resolution being introduced and adopted by title only.

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Council Member Borcalli read the title of Resolution No.18-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

 

RESOLUTION NO. 18-2000

                                             A RESOLUTION OF THE CITY COUNCIL

                  DECLARING CERTAIN PROPERTY SURPLUS AND DIRECTING DISPOSAL

WHEREAS, the City of Weed is the owner of certain personal property which it deems to be no longer of value; and

WHEREAS, said property is as follows:

  1.  Keyboard, Mitsumi Electric Company, Ltd., M/N KPQ-E99YC, S/N 8909-236734;
  2.  Keyboard, Mitsumi Electric Company, Ltd., M/N KPQ-E99YC, S/N 8909-236732;
  3.  Keyboard, Mitsumi Electric Company, Ltd., M/N KPQ-E99YC, S/N 9204-054897;
  4.  Keyboard, Mitsumi Electric Company, Ltd., M/N KPQ-E99ZC-13, S/N KPQEA4ZA 60 R6988;
  5.  Keyboard, Key Tronic, M/N E03601QL-C, S/N S970655763;
  6.  Keyboard, RU At/XT auto sensing, M/N 2189001-XX, S/N 00114489;
  7.  Central processing unit, U-Tron, no exterior model or serial number
  8.  Central processing unit, U-Tron, no exterior model or serial number;
  9.  Central processing unit, DTK-Keen 2530, FCC ID F8254K4KEEN2530;
  10.  Central processing unit, A Open, with CD drive, M/N 9659265;
  11.  Central processing unit, C & N with tape drive backup system (Colorado   Jumbo 1400), FCC ID IDOTCHF4GD;
  12.  Central processing unit, C & N, with 5 1/4” floppy drive, no exterior model or serial number;
  13.  Central processing unit, unknown manufacturer, with 5 ¼” floppy drive;
  14.  Video display terminal, MicroScan ADI MPRII Monitor, M/N LM-1448, S/N 248R000085 A;
  15.  Video display terminal, Hyundai, M/N HL-4860; S/N MCYHA405103186;
  16.  Video display terminal, Goldstar, M/N 1210 A, S/N MB-90900443,
  17.  Video display terminal, AOC Spectrum Series, D569JCOSPD, M/N 5Vir, S/N CPJ04109293;
  18.  Video display terminal, MicroScan 4G ADI, M/N SM 5515G, S/N 553R001359B;
  19.  Video display terminal, TOUCH color monitor, M/N 1428 NI, S/N P346PAKTU 1T44117079;
  20.  Video display terminal, TOUCH color monitor, M/N 1428 NI, S/N P346PAKTU 1T44117141;
  21.  Modem, Digicom Systems, Inc., Scout Classic 144, S/N 278240;
  22.  Novell NetWare 3.12 upgrade only, 10 user licenses, M/N 662644018249, S/N S26435361;
  23.  Novell NetWare 4.1 upgrade kit, M/N 662644058351, S/N S18907592;
  24.  Printer, Panasonic KXP, M/N KX-P2624, S/N 2JMBGC22323;
  25.  Canon NP 20155, M/N F12080, S/N CGV06126;
  26.  1978 Dodge 1/2 ton PU, VIN D14BE8S285212;
  27.  1979 Dodge 1 ton Utility, VIN W41CT9S114542;
  28.  1975 International water truck, VIN 14672EHA12239;
  29.  1979 Dodge 1 ton 4X4, VIN W31B05S108746;
  30.  1984 Ford Ranger PU 4WD, VIN 1FTCR11S0EUD18970;

WHEREAS, the City presently has no public use for the property, and does not expect future use;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that said personal property is declared surplus;

FURTHER, BE IT RESOLVED that the City Council of the City of Weed hereby directs its disposal at auction with the City to receive the proceeds.

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

J.  Police Department:  Consideration of Resolution approving the destruction of outdated records

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 19-2000 be waived, said resolution being introduced and adopted by title only.

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Council Member Borcalli read the title of Resolution No. 19-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

 

RESOLUTION NO. 19-2000

 

                                             A RESOLUTION OF THE CITY COUNCIL

                    DIRECTING DISPOSAL OF CERTAIN POLICE DEPARTMENT RECORDS

 

WHEREAS, accumulated records have been reviewed for administrative, legal, fiscal, research and historical value; and

            WHEREAS, State and Federal statutes have been consulted as to required retention periods; and

WHEREAS, it has been determined that the following records are outdated and not required to be retained:

  1. Felony, Misdemeanor, and Traffic Accident cases dated January 1, 1961 through December 31, 1988;
  2. Criminal cases numbered from 89-1001 through 90-1858
  3. All pawn slips dated prior to December 31, 1996;
  4. Stored Vehicle and Abandoned Vehicle files dated January 1, 1961 through December 31, 1986;
  5. Officer Field Notes dated from January 1, 1961 through December 31, 1986;
  6. Security clock disks dated January 1, 1983 through December 31, 1990;
  7. Security Logs dated January 1, 1983 through December 31, 1990;
  8. Mt. Shasta Radio Logs dated January 1, 1970 through July 31, 1985;
  9. Daily Officer Logs dated January 1, 1961 through April 31, 1988;
  10. Incident Cards dated January 1, 1988 through December 31, 1990;
  11. Miscellaneous letters, correspondence, and inter-departmental memorandums dated January 1, 1961 through December 31, 1990;
  12. All House Watch forms not electronically recorded.  (NOTE:  State law requires a two-year retention period and current House Watch forms have been electronically recorded for two years.)
  13. All Citations:  Traffic, Misdemeanor, and Parking dated January 1, 1961 through December 31, 1990;
  14. All Juvenile files dated January 1, 1961, through December 31, 1989, except any capital cases.  (NOTE:  Juvenile files will be destroyed pursuant to Siskiyou County Superior Court Guidelines.);
  15. All dog licenses dated January 1, 1961 through December 31, 1998.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that said records shall be destroyed.

UPON ROLL CALL, THE VOTE WAS: 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

K.  Administration:  Consideration of Resolution approving the destruction of records

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 20-2000 be waived, said resolution being introduced and adopted by title only.

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Council Member Borcalli read the title of Resolution No.20-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

 

RESOLUTION NO. 20-2000

A RESOLUTION OF THE CITY COUNCIL

APPROVING THE DESTRUCTION OF RECORDS

            WHEREAS, accumulated records have been reviewed for administrative, legal, fiscal, research and historical value; and

            WHEREAS, State and Federal statutes have been consulted as to required retention periods;

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that certain and specific records, more completely described in Exhibit A attached hereto, are approved for destruction; and

            FURTHER, BE IT RESOLVED, that said records to be destroyed do not include records affecting the title to real property or liens thereon, records required to be kept by statute, records less than two years old, the minutes, ordinances, or resolutions of the legislative body or of a city board or commission. 

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

                                                 CONSENT AGENDA

 

Mayor Barnett stated that all items listed under the 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 were none. 

 

Council Member Tallerico moved, seconded by Council Member Ramsey, to approve the Consent Agenda as publishing including the payment of Claims #27101 – 27114, #27146 – 27157, #27217 – 27227, #27233 – 27239, #27245 – 27250, #27252 – 27297, #27299 – 27311, #27314 - 27346 in the amount of $373,547.02; the Financial Status Report for Month Ending August, 2000; and the Agreement for City of Dunsmuir to provide accounting services for the Siskiyou Regional Development Association. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

ITEMS REMOVED FROM THE CONSENT AGENDA

 

Council Member Borcalli declared an economic conflict of interest, and stepped from the dais. Council Member Tallerico moved, seconded by Council Member Ramsey, to approve the payment of claim #27251 to D & R Hardware in the amount of $207.62

AYES:              Council Members Barnett, Ramsey, and Tallerico

NOES:              None

ABSENT:         Council Members Borcalli, and Obuchon

 

Council Member Borcalli returned to the dais.

 

STAFF REPORTS

 

Public Works Director Sharp reported the acquisition of a pick up truck through the use of budgeted funds that will be assigned to the Sewer Plant.  Mr. Sharp stated the truck should be in service soon.  Mr. Sharp also reported the construction monies for Shastina Drive have been allocated but we are still waiting for approval of the encroachment permit so we probably won’t go to bid until January with construction to start in the Spring.  Mr. Sharp added that the street sweeper purchased from the City of Yreka is in service. 

 

Mayor Barnett asked for the status of the Pine Street house demolition, and urged staff to move ahead with the removal. 

 

Finance Director McKinnis reported that the cost of health insurance is skyrocketing, with a 43 percent increase expected October 1 and staff is looking into various options.  Mr. McKinnis also reported the truck and travel center has activated its loan by requesting funds. 

 

Police Chief Nicholas reported receipt of award of $101,000 of the State’s technology grant funds and his Department is currently considering options for use of the funds.  Mr. Nicholas added that he has two patrol vehicles on order. 

 

City Attorney King announced his resignation to be effective January 1, 2001, and noted he makes his announcement now to give the Council plenty of time to advertise and find a replacement.  Mr. King stated that he has enjoyed his eight plus years, but the nature of his private practice is changing which could require more of his time, along with family time responsibilities that is also a priority. 

 

ADJOURNMENT

 

Council Member Borcalli moved adjournment.  Motion seconded by Council Member Tallerico. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

MEETING ADJOURNED SINE DIE AT 11:28 A.M.

 

 

 

                                           

Mayor

 

ATTEST:

 

 

 

                                        

City Clerk