WEED CITY COUNCIL
REGULAR MEETING
JUNE 14, 2001
The City Council of the City of Weed held a
regular meeting on Thursday, June 14, 2001, at 3:30 p.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 Allen King, Finance Director M. Kelly
McKinnis, Police Chief Martin Nicholas, Fire Chief Darin Quigley, Public Works
Director Craig Sharp, and City Clerk Deborah Salvestrin.
III. RECOGNITIONS/ANNOUNCEMENTS
Council Member Barnett moved
adjournment for the purpose of moving outside to participate in the dedication
of a recently installed bus shelter in front of City Hall. Council Member
Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council,
staff, and audience adjourned to the outside where Tom Anderson, Siskiyou
County Transportation Services Manger, and Siskiyou County Supervisor, District
3, Bill Hoy, offered the newly constructed bus shelter as a joint project
between the City of Weed, the County of Siskiyou, and the City of Weed. Mayor Borcalli accepted the shelter as the
first of its kind in Siskiyou County, thanked the project participants on
behalf of the City, and urged support for more shelters to be located around
the County.
Council
reconvened in the Council Chambers at 3:42 p.m.
IV. 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.
Vaune Dillmann, local business owner and
resident, mentioned that there was a time when the Vision Statement was read at
the start of each Council meeting. Mr.
Dillmann noted the reason for that reading is to keep a meaning and a purpose
fresh in the public’s mind.
V. COUNCIL MEMBER REPORTS AND COMMENTS
Mayor Borcalli reported
attendance at a Siskiyou League of Cities’ Board of Director’s meeting in
Tulelake where they toured some of the farming and ranching area devastated by
the Bureau of Reclamation decision to cut off irrigation water to save
threatened and endangered fish. Mayor
Borcalli also noted that the Board discussed items regarding the nature of the
future of the organization, and had a presentation on the Grass Roots Network
that will be discussed by the Council at tonight’s meeting.
Mayor Borcalli also reported
on attendance at the Chamber of Commerce meeting where she was a speaker.
Mayor Borcalli then
congratulated the recent graduates from local schools and wished them well in
future endeavors.
VI. REGULAR AGENDA
A. Rural Elders, Inc.: City Council will consider request for proclamation of support of their project vision. City Administrator Wilson reviewed that at the last meeting, Rural Elders made a presentation detailing their development project, and the Council directed that a proclamation of support be placed on this agenda. Mr. Wilson added that Rural Elders provided the language for the proclamation. Council Member Barnett read it in full and moved adoption. Council Member Tallerico seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
B. Hearing –
Abandoned Vehicle Abatement: Request
for appeal of removal requirement submitted by Larry Smith, 591 Gilman Avenue,
regarding a 1970 Ford crane. City Administrator Wilson reported receipt of appeal
of the city administrator’s decision.
Mr. Wilson noted that he held the hearing required by the Municipal Code
and subsequently determined the vehicle in question shall be removed.
City Attorney Pierce
recommended the procedure for the hearing, and recommended the Council render
its decision after hearing presentation of testimony and any rebuttal from both
the City’s representative, and then Mr. Smith.
Police Chief Nicholas reviewed the vehicle
abatement regulations contained in the City’s Municipal Code and the purpose as
contained in the California Vehicle Code.
Community Service Officer (CSO) Tracey Hart
presented photographs to Larry Smith who affirmed they are of the vehicle that
is the subject of this hearing. Ms.
Hart then gave the photos to City Clerk Salvestrin to be viewed by the City
Council.
CSO Hart reviewed the specific dates of the
required vehicle abatement process notices and Mr. Smith’s request for
administrative hearing.
Chief Nicholas noted that, at the time of the
notices to Mr. Smith, and the subsequent hearing, the vehicle was
inoperative. Chief Nicholas further
explained that it had no rear end and was unlicensed which constituted it as
inoperative.
Larry Smith stated that $2,000 worth of work
has been put into the vehicle including the rear end being replaced, that the
vehicle is worth $25,000 and asserted it no longer meets the definition of a
vehicle to be abated.
Council members questioned whether
Larry Smith is
currently licensed to do business with the crane. Mr. Smith stated he is not, due to injury, but expects to return
to the job eventually.
Chief Nicholas and City Attorney Pierce
clarified that the definition of operative includes legal ability to operate
such as registered and licensed.
Council
questioned Mr. Smith’s ability and willingness to make the vehicle legal. Mr. Smith stated that he is currently
injured and unable to work with the vehicle therefore cannot afford the
insurance to register the vehicle.
Council
Member Tallerico moved to table action to the next meeting to give Mr. Smith
time to do what is necessary to comply with the City’s Code.
Council
Member Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
City
Attorney Pierce suggested a 30-day delay might be more appropriate to permit
time for additional investigation of storage requirements in the residential
neighborhood in which it is located.
Council
Member Tallerico moved to first, withdraw his previous motion, and second, to
continue this hearing to the July 12 meeting.
Council Member Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Mr.
Smith was directed to meet with Chief Nicholas to determine what must be done
to meet the Code’s requirements.
C. Finance
Department: Consideration of City of
Weed Transportation Development Act Fund audit -- acceptance is
recommended. City Administrator Wilson reported receipt of the audit for the
Transportation Development Act Fund, and recommended Council accept the
document.
Council Members acknowledged receipt of the
audit of the Transportation Development Act Fund performed by Calson, Pavlik
and Drageset, CPA’s, LLP.
D. Finance Department: Consideration of a consulting agreement with
Mandated Cost Systems, Inc. for preparation and filing of reimbursement claims
with the State of California. City Administrator Wilson reported that some time
ago legislation provided that whenever compliance with new laws of the State
increase costs to a local government, those costs could be reimbursed. Mr. Wilson stated that Mandated Cost
Systems, Inc. has recovered costs for school districts and was also successful
with costs of Brown Act compliance for the City of Dunsmuir. Mr. Wilson added that the fee for the Brown
Act cost recovery work is expected to be $7,500 and estimated reimbursement is
up to three times that amount.
Finance Director McKinnis
noted that annual costs for compliance with the Brown Act will continue and, in
addition, there are other State mandated programs for which costs can be
recovered. Mr. McKinnis added that the
fee for recovery of costs is also recoverable in the future.
City Attorney Pierce reported he has reviewed
the proposed agreement submitted by Mandated Cost Systems and recommended a
couple of changes that have been made.
Council questioned how the company interacts
with staff to obtain the necessary paperwork.
Finance Director McKinnis responded that copies of all regular Council
meetings since July 1996 have been gathered and forwarded along with
calculations as to staff member hourly wages and average time spent in
compliance with the mandate.
Council Member Ramsey moved to approve the
agreement and authorize City Administrator Wilson to execute the document on
behalf of the City.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
E. League of
California Cities: Request for Council
action on the Grassroots Network proposal.
City Administrator Wilson reported that
the League of California Cities’ effectiveness has been decreasing in recent
years due in part to term limits because lobbyists were not able to form
long-standing relationships with legislators.
The League has proposed a grass roots type of organization and is
inviting the cities to join however dues will increase based on
population. Mr. Wilson stated that
Weed’s cost will be $642 for the coming year, and a $309 increase will be due
for the remainder of 2001.
Mayor Borcalli added that the League of Cities
just couldn’t compete with organizations funded by the private sector that can
contribute millions of dollars.
Council Members discussed that the Network
proposal includes a sunset provision at December 2007, but in three years a
review process will begin to determine effectiveness.
Council Member Tallerico moved approval of the
amendment to the League of California Cities’ bylaws to provide for the
proposed Grassroots Network. Council
Member Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
F. Police
Department – COPS in Schools 2001:
Request for Council approval to submit application to the U. S. Department
of Justice for funding for school resource officer to engage in community
policing in and around the schools. Police Chief Nicholas reviewed the opportunity to
apply for grant monies to fund one school resource officer to be assigned to
both Weed schools and requested Council approval to submit the
application. Chief Nicholas noted this
opportunity is unique because a match is not required
Council members discussed
the required plan to retain the position at the end of the grant period, and
the exemption from penalty if the community experiences financial difficulties
with regard to that retention. Council
and Chief Nicholas also discussed how the officer would interact with the
existing DARE and probation officers, and school safety council that already
operate on campus.
Council Member Ramsey moved to authorize the
Chief of Police to submit an application for a United States Department of
Justice COPS in Schools 2001 Program grant.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
G. Public Works
Department – Building Inspection:
Consideration of Agreement between the City of Weed and the County of
Siskiyou for the conduct of building inspection services. City
Administrator Wilson reviewed, for the Council, that City and County
representatives have been working to develop a proposal and agreement for the
provision of building inspection services to the City. Mr. Wilson added that some minor modifications
are still needed in the agreement, but recommended Council approval.
Council members
questioned the process and service to the citizens, and Public Works Director
Sharp stated that staff expects citizens will get better service because
someone is available in the County Building Department every day, and
inspections are available four days a week.
Mr. Sharp reviewed that under the previous agreement with the south
County cities, our inspector was only available part time.
Council
members also questioned cost to the City, and Mr. Wilson responded that the
County would be receiving the permit fees.
Mr. Wilson noted that currently the County fees are lower than the
City’s and something may be brought before the Council in the future regarding
fee arrangements.
Mayor
Borcalli moved to approve the agreement and forward to the County for approval
subject to the final language to be developed by staff. Council Member Barnett seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Sutton, and Tallerico
NOES: Council Member Ramsey
ABSENT: None
Council Member Ramsey stated that his
opposition is because he does not want to give away the control of the service
adding that he is concerned about how the County will represent the City. Mr. Wilson stated that, at some time in the
future if the building activities warrant, the possibility exists that the City
can once again hire a building inspector.
Mr. Sharp stated that he expects the County inspectors’ representation
of the City will be as professional as their representation of the County.
VII. 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 items to be
removed from the consent agenda. There
were none.
Council Member
Barnett moved, seconded by Council Member Ramsey, to approve the consent agenda
as published including the approval of minutes of January 25, 2001, approval of Claims #28330 –
28339, #28394 – 28395, #28397 – 28407, #28453 – 28467, #28469 – 28509, and
#28521 - 28546 in the amount of $293,257.12; the Financial Status Report for
Month Ending May 31, 2001; and approval of Contract Change Order No. 7 –
Shastina Drive STIP project
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
VIII. ITEMS REMOVED FROM THE CONSENT AGENDA
Mayor Borcalli declared an economic conflict
of interest, and stepped from the dais. Council Member Barnett moved, seconded
by Council Member Ramsey, to approve the payment of Claim #28468 to D & R
Hardware in the amount of $324.08
AYES: Council Members Barnett, Ramsey,
Sutton, and Tallerico
NOES: None
ABSENT: Council Member Borcalli
Mayor Borcalli returned to the dais.
IX. STAFF REPORTS
Finance Director McKinnis reported attendance
at a grant workshop held by the Department of Water Resources, and reviewed the
availability of funding for water system upgrades.
Public Works Director Sharp reported the
Shastina Drive project is on schedule, with the asphalt to be finished over the
next few days and then striping is scheduled for next Wednesday.
Fire Chief Quigley reminded Council Member
Ramsey that the Fire Safe Council would be meeting on June 19 at 5:30 p.m.
Chief Quigley also noted that Scotty Porter is
at City Hall today to physically start the rehabilitation process and
unfortunately some dry rot has been discovered. Chief Quigley added the repair of it would be an unexpected
increase in project costs and funding may not go as far as initially planned.
Police Chief Nicholas reported meeting with Kelly
McKinnis and Ford Foundation representatives to discuss possible funding for
various projects for the upcoming year.
City Administrator Wilson reported he would
need Council input with regard to the building rehabilitation on the pillars
that are being repaired, and the color scheme to be used.
City Administrator Wilson also reported the
budget process is going a lot slower that expected due in part to the State’s
delinquency in getting revenue projections out.
City Administrator reminded Council that the
Carnevale is this weekend, the parade starts at 11:00, and invited Council
members to participate by riding in the City’s entry. Council Member Borcalli and Ramsey volunteered to be there.
X. ADJOURNMENT
A. Closed session pursuant to Government Code §54956.9
(b)(3)(A): conference with legal
counsel -- anticipated litigation -- Significant exposure to
litigation pursuant to subdivision (b) of §54956.9: one potential case. Council
Member Barnett moved adjournment to closed session, and Council Member Ramsey,
seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Meeting
adjourned at 5:05 p.m., and reconvened at 5:22 p.m.
City Attorney Pierce reported that the City
Council met in closed session to receive information concerning one claim for
compensation and Council voted unanimously to reject that claim for
compensation and directed staff to communicate with the claimants concerning
future plans for possible removal of the encroachment.
B.
Sine Die.
Council
Member Tallerico moved adjournment.
Council Member Barnett seconded motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
MEETING ADJOURNED SINE DIE AT 5:23 P.M.