WEED CITY COUNCIL

                                                 REGULAR MEETING

                                               SEPTEMBER 28, 2000

 

 

The City Council of the City of Weed held a regular special meeting on Thursday, September 28, 2000, at. 6:00 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, Brian Ramsey, and Vince Tallerico.  Also present were City Administrator Earl Wilson, Acting City Attorney Ken Armstrong, Finance Director M. Kelly McKinnis, Police Sergeant Bill Lachenmyer, Public Works Director Craig Sharp, and City Clerk Deborah Salvestrin. 

 

It was reported that Council Member Obuchon is out of the City, and the Council agreed that his absence would not be excused.  Mayor Barnett stated that being a Council member is an important responsibility and a commitment that forces all members to make sacrifices. 

 

                                             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 his attendance at a Siskiyou County Solid Waste Committee meeting and noted that the Black Butte Landfill has another year until it will need to be closed, and a transfer station will be put in its place.  The Weed Landfill is closed and capped and awaiting inspection.  Yreka’s landfill has an estimated two to three years until closure, and Tulelake’s landfill is closed. 

 

Mayor Barnett reported attendance at a recent jazz festival held at the Palace Theatre and asked staff to prepare a proclamation for the Jazz Fusion Band that played there.

 

PUBLIC HEARING

 

A. Refuse (garbage/trash) Removal:  Council will receive public comment on the proposed increase in monthly rates for garbage collection service. 

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 6:15 p.m.

 

City Administrator Wilson reported that a review of operating expenses indicates a revenue shortfall and staff has calculated the need for a 5.71 percent increase to cover the shortfall.  Mr. Wilson noted this increase translates to 43 cents for residential customers. 

 

City Administrator Wilson also reported that the Garbage Committee of the Council reviewed the possibility of using new, wheeled garbage cans that can be dumped by the garbage contractor either manually, or in a fully automated service.  There would be an additional cost of approximately $1.00 to pay for these cans over a 5-year period. 

 

Mayor Barnett asked for comments and/or questions in support of the rate increase and/or new wheeled carts.  

 

Paul Clemens, owner and operator of C & D Waste Removal, the City’s current waste hauler, displayed a sample of he proposed wheeled carts, and showed its ease of use. Mr. Clemens noted that the Council has currently granted a three-year contract and the cost of the carts increases to $1.69 in order to have them paid off in the 3-year contract period. 

 

Council Member Tallerico questioned whether the increase would drop after the carts are paid off, and Mr. Clemens responded that the majority of the fee may disappear however a rental fee would probably apply similar to what is being charged for the bins used by commercial customers. 

 

Christy Mallory, Walnut Street, supported the cost increase to pay for garbage service and added that the lids on the carts may blow open in Weed’s winds. 

 

Calvin Vanderhoof, Cypress Avenue, agreed with the cost increase. 

 

Scott Durbin, Oregon Street, supported the cost increase and urged the Council to approve the wheeled carts as a step toward keeping garbage cans from blowing around in the wind, and to help keep dogs from getting into cans and spreading trash around. 

 

Mayor Barnett asked for comments and/or questions in opposition to the rate increase.

 

City Clerk Salvestrin read a letter from Jim Gubetta, Woodridge Court, opposing the increase because the general governmental costs charged to the solid waste fund do not comply with Proposition 4 requirements. 

 

Mayor Barnett closed the hearing at 6:29 p.m.

 

REGULAR AGENDA

 

A.  Refuse (garbage and trash) Removal:  Council will consider Committee recommendations regarding amendments to the agreement with C & D Waste Removal, Inc.

City Administrator Wilson reported that the Council’s Committee on garbage recommended revisions to refuse collection including the aforementioned rate increases, and other level of service agreement amendments including the wheeled carts, curb-side service, pickup of street cans, and annual spring clean up assistance.

 

Council Members discussed these issues, and then Council Member Tallerico moved, seconded by Council Member Borcalli, to select the wheeled cart option with the associated increase. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Staff is directed to prepare the appropriate ordinance amendments. 

 

Council Member Borcalli moved, seconded by Council Member Tallerico, to direct staff to draft the necessary documents to amend the refuse collection agreement to accommodate the street can pick up and spring clean up. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

B.  Refuse (garbage and trash) Removal:  Council will consider adoption of resolution amending Resolution No. 12-81 which establishes the maximum rates or charges that may be charged for collection of garbage, rubbish, and waste matter within the City of Weed

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 21-2000 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.21-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

RESOLUTION NO. 21-2000

A RESOLUTION OF THE CITY COUNCIL AMENDING

RESOLUTION No. 1-81 which establishes the

Maximum rates or charges that may be charged

For collection of garbage, rubbish, and

Waste matter within the city of weed

WHEREAS, Section 8.08.050 and Section 8.08.170 of the Weed Municipal Code provide for the establishment of rates that may be charged for the collection of garbage, refuse and waste matter within the City of Weed; and

            WHEREAS, the City Council, upon the recommendation of the refuse collection contractor, C & D Waste Removal, has determined certain specific rates should be charged for regular and special collection services in the City; and

            WHEREAS, the City Council has determined that certain standards related to the collection of waste materials are required to facilitate the collection of said materials.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that effective the first day of December 2000, the collection rates for regular and special services shall be as set forth in Exhibit A, attached hereto and made a part hereof.

            BE IT FURTHER RESOLVED that any collection rates in conflict with those set forth in this resolution are revoked on the effective date set forth above.

            BE IT FURTHER RESOLVED that certain standards related to the collection of waste materials shall be established as set forth in Exhibit B, attached hereto and made a part hereof.

            BE IT FURTHER RESOLVED that the collection rates for regular and special services shall be adjusted effective July 1st of each year commensurate with the consumer price index (CPI) based on the San Francisco-Oakland-San Jose Index for All Urban Consumers published by the U. S. Department of Labor, Bureau of Labor Statistics. 

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

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

Bob Peel came before the City Council to present options for the rehabilitation of the exterior of City Hall.  Bob displayed a conceptual study sheet showing brick beneath concrete board lap siding, a “belly band” above the windows, and stucco across the top.  Mr. Peel displayed samples of the proposed brick and concrete board, and discussed the virtues of these building materials.  Mr. Peels cost breakdown and materials list totaled $86,603.00 and did not include all the labor costs. 

 

After some discussion as to financing the project, it was determined that some monies existed in the fund resulting from the sale of the former “Sprouse” building, and additional monies in the form of revenues from that sale are expected over the coming year.  Finance Director McKinnis explained the Council could approve a loan from the CDBG Miscellaneous Income fund toward the cost of the building rehabilitation with the understanding that the loan would be repaid from the Sprouse income. 

 

Council Member Tallerico moved, seconded by Council Member Ramsey, to start the proposed renovation project with expenditures up to $64,000 and approved a loan from the CDBG Miscellaneous Income fund with the understanding that the loan funds would be repaid as the Sprouse proceeds are realized.  

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

NOES:              None

ABSENT:         Council Member Obuchon

 

D.  City Attorney:  Council will consider a recruitment process

City Administrator Wilson reviewed that subsequent to City Attorney King’s announced resignation, information was sought from the Library of the League of California Cities concerning agreements and proposals for attorney services. 

 

Council members discussed various items to include in an advertisement for a request for proposal including qualifications, background interests, working hours, and accountability. 

 

Direction was given to staff to draft a request and circulate it appropriately with a November 3 deadline. 

 

E.  Police Department:  Council will consider request for approval of project for use of California Law Enforcement Equipment Program (CLEEP) monies

City Administrator Wilson reported that the California Law Enforcement Equipment Program (CLEEP) has made grants available to law enforcement agencies and the City’s award is $101,020.

 

Police Sergeant Bill Lachenmyer came before the Council to discuss the proposed use of some of the funding.  Sergeant Lachenmyer noted that all expenditures of the CLEEP monies will require Council authorization, and requested approval at this time of the expenditure of $20,310.39 for the purchase of software and bar coding equipment

 

Council Member Borcalli moved, seconded by Council Member Ramsey, to approve the expenditure of $20,310.39 from the California Law Enforcement Equipment Program monies as proposed. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

F.  Employee health and welfare insurance:  Council will consider adoption of resolutions to participate in the Public Employees Retirement System (PERS) Medical and Hospital Care Act.

City Administrator Wilson reported that during the past week the City has received notification of a pending increase in the group health insurance costs totaling over 40 percent.  Mr. Wilson reviewed the current bargaining unit agreement under which the City pays up to $620 per employee and added that the proposed increase will require an additional $152 per month to be paid by the employee.  Staff collected information on various plan options and discussed these with the bargaining units.  The bargaining units have concurred that the plans offered by the Public Employees Retirement System (PERS) offer a preferable alternative to the existing Blue Cross plan.  City Administrator Wilson noted that the Council’s labor negotiation committee has met to discuss this issue in detail and recommends the PERS plan. 

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 22-2000 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. 22-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

                                           RESOLUTION NO.  22-2000

             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEED

ELECTING TO BE SUBJECT TO

THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

FIXING THE EMPLOYER’S CONTRIBUTION FOR EMPLOYEES AND

THE EMPLOYER’S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS

WHEREAS, Government Code §22850 provides the benefits of the Public Employees’ Medical and Hospital Care Act to employees of local agencies contracting with the Public Employees’ Retirement System, on proper application by a local agency; and

WHEREAS, Government Code §22857 provides that a contracting agency may fix the amount of the employer’s contribution for employees and the employer’s contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than five percent of the monthly contribution for employees, until such time as the amounts are equal; and

            WHEREAS, the City of Weed, hereinafter referred to as Public Agency is a local agency contracting with the Public Employees’ Retirement System; and

            WHEREAS, the Public Agency desires to obtain for its employees and annuitants the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that the Public Agency elect, and it does hereby elect, to be subject to the provisions of the Act; and

BE IT FURTHER RESOLVED that the employer’s contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of sixteen dollars per month; and

BE IT FURTHER RESOLVED that the employer’s contribution for each annuitant shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members, in a health benefits plan up to a maximum of one dollar per month; and

            BE IT FURTHER RESOLVED that the employer’s contribution for each annuitant shall be increased annually by five percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for employees and annuitants shall be in addition to those amounts contributed by the Public Agency for administrative fees and to the Contingency Reserve Fund; and

            BE IT FURTHER RESOLVED that the City Council appoint and direct, and does hereby appoint and direct, the city administrator to file with the Board of Administration of the Public Employees’ Retirement System a verified copy of this resolution, and to perform on behalf of said Public Agency all functions required of it under the Act and Regulations of the Board of Administration; and

            BE IT FURTHER RESOLVED, that the coverage under the Act be effective November 1, 2000.

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

City Administrator Wilson explained that adoption of a second and similar resolution is necessary to allow Council members to participate in the plans. 

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 23-2000 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. 23-2000 and moved adoption, seconded by Council Member Ramsey, said resolution being in the words and figures following:

                                           RESOLUTION NO.  23-2000

             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEED

ELECTING TO BE SUBJECT TO

THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION

FIXING THE EMPLOYER’S CONTRIBUTION FOR EMPLOYEES AND

THE EMPLOYER’S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS

WHEREAS, Government Code §22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees’ Medical and Hospital Care Act with respect to a recognized employee organization only; and

WHEREAS, Government Code §22754 (g) defines any Special District as a contracting agency; and

WHEREAS, Government Code §22857 provides that a contracting agency may fix the amount of the employer’s contribution for employees and the employer’s contribution for retired employees and survivors at different amounts provided that the monthly contribution for retired employees and survivors shall be annually increased by an amount not less than five percent of the monthly contribution for employees, until such time as the amounts are equal; and

            WHEREAS, a Special District is hereby defined as a non-profit, self-governed public agency within the State of California, and comprised solely of public employees performing a governmental rather than proprietary function; and

WHEREAS, the City of Weed, hereinafter referred to as Special District is an entity meeting the above definition; and

            WHEREAS, the Special District desires to obtain for the members of the City Council who are active and retired employees of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; and;

            WHEREAS, Government Code §53208.5 (b) prohibits any elective member of a legislative body whose service first commences on and after January 1, 1995, from receiving health and welfare benefits greater than the most generous schedule of benefits being received by any category of non-safety employees; and

            WHEREAS, Government Code §53201 (c) (2) prohibits a local agency that did not provide benefits to former elective members of a legislative body before January 1, 1994, from providing benefits after January 1, 1994, unless the members participate on a self-pay basis; and

            WHEREAS, Government Code §53201 (c) (1) provides that a legislative body that provided benefits to former elected members shall not provide benefits to any person first elected to a term of office that begins on or after January 1, 1995, unless the member participate on a self-pay basis or was fully vested prior to January 1, 1995;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that the Special District elect, and it does hereby elect, to be subject to the provisions of the Act; and

BE IT FURTHER RESOLVED that the employer’s contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of sixteen dollars per month; and

BE IT FURTHER RESOLVED that the employer’s contribution for each retired employee or survivor shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members, in a health benefits plan up to a maximum of one dollar per month; and

            BE IT FURTHER RESOLVED that the employer’s contribution for each retired employee shall be increased annually by five percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for active and retired employees an survivors shall be in addition to those amounts contributed by the Special District for administrative fees and to the Contingency Reserve Fund; and

            BE IT FURTHER RESOLVED that the City Council appoint and direct, and does hereby appoint and direct, the city administrator to file with the Board of Administration of the Public Employees’ Retirement System a verified copy of this resolution, and to perform on behalf of said Special District all functions required of it under the Act and Regulations of the Board of Administration; and

            BE IT FURTHER RESOLVED, that the coverage under the Act be effective November 1, 2000.

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

G.  League of Siskiyou Cities’ Constitution and Bylaws:  Consideration of proposed amendments

City Administrator Wilson reviewed the distribution of materials from the League of Siskiyou Cities to be considered by Council for the League’s quarterly dinner meeting to be held in early October.  Mr. Wilson briefly discussed the matter the League members will be voting on, and stated that each Council member attending the dinner will have a vote. 

 

STAFF REPORTS

Public Works Director Sharp reported that the house on Pine Street would be demolished in the next two weeks. 

 

Council members thanked the Public Works Department for recent roadwork done on Clay and Boles Streets. 

 

City Administrator Wilson reported that the special meeting on the Community Action Plan that was scheduled for September 27 was not held due to other commitments of some Council members and asked for an alternative meeting date.  Council selected October 19 at 5:30 p.m., and staff is directed to follow up and notice the meeting as appropriate. 

 

Finance Director McKinnis announced an open house to be held at Workforce Connection on October 11, 2000 from 1-4 p.m.

 

ADJOURNMENT

Council Member Ramsey moved adjournment, and Council Member Borcalli seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

MEETING ADJOURNED SINE DIE AT 8:32 P.M.