WEED
CITY COUNCIL
REGULAR MEETING
FEBRUARY
8, 2001
The
City Council of the City of Weed held a regular meeting on Thursday, February
8, 2001, at 9:00 a.m. in the Council Chambers at City Hall.
Mayor
Amelia “Mel” Borcalli called the meeting to order and led recitation of the
Pledge of Allegiance. Present, in
addition to Mayor Borcalli, were Council Members Neva Barnett, Brian Ramsey,
Chuck Sutton, and Vince Tallerico. Also
present were City Administrator Earl Wilson, City Attorney James Pierce, 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. Knights of Columbus Mt. Shasta Council #2599 celebrating its 75-year anniversary on March 15
Mayor
Borcalli read a brief synopsis about Knights of Columbus and presented a
certificate of recognition to representative Richard Acquistapace honoring the
local chapter on the occasion of its anniversary.
B. Habitat for Humanity is celebrating 25 years of building homes in partnership with people in need
Mayor
Borcalli read a brief synopsis about Habitat for Humanity and presented a
certificate of recognition to local representative Carlos Valdez honoring the
group on the occasion of its anniversary.
PUBLIC
BUSINESS FROM THE FLOOR
Mayor
Borcalli 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, resident of Woodridge Court, commended the Mayor on the vehicle
abatement efforts, and stated concern for where the vehicles are going. Mr. Gubetta noted that the vehicles might be
going to the former landfill site where Black Butte Auto is located and then
being stored in a non-conforming use area.
Mr. Gubetta asked the Council to look into it.
Council
Member Tallerico complimented the outward show of unity of the staff and the
smooth running of the city that he attributes to City Administrator Earl
Wilson.
Council
Member Barnett reported attendance at a League of Siskiyou Cities meeting last
evening, and agreed with Council Member Tallerico as to the city being run
well.
A. Centennial
Committee: Request for consideration of
Contract between City of Weed and Ralph Starritt for Abner Weed sculpture.
City Administrator
Wilson reported that City Attorney Pierce has drafted a proposed Artistic Work
Agreement between the City of Weed and Ralph Starritt who will do the sculpture
for the centennial project. Mr. Wilson
noted that some attachments with regard to content of the sculpture are still to
be formulated.
Council Member Barnett
asked for and received confirmation that the City would be responsible for
payment to the artist in the event the Committee is not able to.
Centennial Committee
Member John Oliver stated that $10,000 is allotted for the statue of Abner Weed
including materials and labor, $18,000 is for the sculpture on the wall, and
there is a tax included as part of the total package. Mr. Oliver recommended that the payments provided for by the
agreement would be tied to specific events such as delivery of the statue, and
then the wall sculpture, and finally the attachment of it to the wall.
City Attorney Pierce
agreed that tying payments to deliverables is more protection for the
City.
Mayor Borcalli, who also
serves on the Centennial Committee, stated that the Committee’s fund raising is
going very well.
Council Member Barnett
moved to amend the terms of the work agreement drafted by City Attorney Pierce
to have item A remain as drafted, item B shall allow $4,000 payable on the
delivery of the Abner Weed statue, and item C shall allow payment of the
remaining contract funds upon the delivery and completion of the relief wall.
Council Member Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council
Member Barnett then moved, seconded by Council Member Ramsey, approval of the
work agreement as amended and with the additional required final acceptance and
approval by the public works director as to the installation.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
B. Centennial Committee: Request for consideration of Plaza-related volunteer work to be done on City property.
City
Administrator Wilson reviewed that volunteer labor will be used in the
construction of the centennial project and the City Attorney has prepared a
liability release and indemnification agreement form to be used by volunteers
to release the City of liability for any injuries sustained while working for
the project.
City
Attorney Pierce stated that the form was drafted for another project he worked
with and it was subsequently reviewed and revised by the City’s liability
carrier.
Council
Member Tallerico moved to approve the City of Weed Liability Release and
Indemnification Agreement. Council
Member Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
C. Public Works Department -- Sewer Services: Consideration of request for seasonal sewer cost reduction (December through April) submitted by Michael Feil, Friendly RV Park (continued from December 14)
City
Administrator Wilson reviewed that City Attorney James Pierce has researched
City code and State law with regard to deferral of the fees, and reached the
conclusion that City code addresses capital costs but not operating costs, and
State law does not authorize or prohibit it.
Mr. Wilson recommended the operating costs be left as is.
City
Attorney Pierce added that City code is not clear and might contain an
interpretation that the request could be crammed into, but there may be
political ramifications that lead to equal protection issues.
Council
members discussed consistency issues, and staff time issues that could make
granting the request cost prohibitive.
Council
Member Barnett moved to deny the request submitted by Michael Feil. Council Member Tallerico seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
D. Public Works Department: Consideration of amendment of contract with C & D Waste Removal for garbage, trash, and rubbish removal services
City
Administrator Wilson reviewed that the Council recently approved a three-year
renewal of the agreement with C & D Waste Removal Inc. for the collection
of solid waste within the City, and City Attorney Pierce has prepared the
amendment for Council approval.
After
brief discussion, Council Member Sutton moved to approve the amendment to the
Agreement between the City and C & D Waste Removal subject to the term
expiration on June 30, 2003, with term extensions possible for successive
three-year terms. Council Member Ramsey
seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
CONSENT
AGENDA
Mayor
Borcalli 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
Borcalli asked if there are unpublished items to be removed from the consent
agenda. There were none.
Council Member Barnett moved, seconded by Council
Member Sutton, to approve the consent agenda containing the approval of the
payment of Claims #27934 – 27983, #27987 – 27988, #27990 – 28007, #28020 –
28048 in the amount of $192,057.64, and the Financial Status Report for Month Ending January
2001.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
A. Claim #27989 to D & R Hardware in the amount of $262.57
Mayor Borcalli declared an economic conflict of
interest, and stepped from the dais. Mayor pro tem Tallerico assumed the chair
of the meeting. Council Member Sutton
moved, seconded by Council Member Ramsey, to approve the payment of claim #27989 to D & R Hardware
in the amount of $262.57.
AYES: Council Members Barnett, Ramsey,
Sutton, and Tallerico
NOES: None
ABSENT: Council
Member Borcalli
Mayor Borcalli returned to the dais and reassumed the chair of the meeting.
X. STAFF
REPORTS
Public
Works Director Sharp reported the State has approved the College Avenue STIP
project and set aside the monies.
Finance
Director McKinnis reported sewer grants are being closed out, and Transient
Occupancy Tax revenues are coming in about $2,600 over last year.
City
Attorney Pierce reported he and Police Chief Nicholas would be representing the
City tomorrow in Siskiyou County Superior Court on an appeal of a vicious dog
citation.
City
Administrator Wilson reported attendance, with Finance Director McKinnis, at a
grants workshop last Friday in Sacramento and noted the funds can be used for a
General Plan update.
XI. ADJOURNMENT
A. Closed Session pursuant to Government Code
§54956.95: liability claims;
Claimant: Mario Avino Crespi; Agency
claimed against: City of Weed
Council Member Tallerico moved to adjourn to the published closed
session after taking a five-minute recess, and Council Member Ramsey seconded
the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council
adjourned to closed session at 9:48 a.m. and returned to open general session
at 10:06 a.m.
City
Attorney Pierce reported that the City Council met in closed session where the
Council received information and direction from staff regarding a liability
claim submitted by Mario Avino Crespi.
The Council voted to reject the claim based on the apparent lack of
substance and merit in Mr. Crespi’s documentation, and the City Attorney will
correspond with Mr. Crespi and advise him of the City’s decision.
Council
Member Barnett moved adjournment, and Council Member Tallerico seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
MEETING ADJOURNED SINE DIE AT 10:07 A.M.