WEED CITY COUNCIL

                                                 REGULAR MEETING

                                                 OCTOBER 11, 2001

 

 

The City Council of the City of Weed held a regular meeting on Thursday, October 11, 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 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. 

 

 

III.  ANNOUNCEMENTS, RECOGNITIONS

 

A.  Mt. Shasta Baptist Church on the occasion of its 80th anniversary

 

Mayor Borcalli reported that the Mt. Shasta Baptist Church recently celebrated its 80th anniversary with a beautiful party, and she then presented Reverend Henry Gaines with a certificate of recognition of the church’s anniversary.

 

Mayor Borcalli also noted that Siskiyou Habitat for Humanity celebrated its 25th year this year and the group held a dedication of the Weed Bunkhouse on Sunday.  Mayor Borcalli noted that the Council acknowledged the anniversary last March. 

 

 

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.  There were none. 

 

 

V.  COUNCIL MEMBER REPORTS AND COMMENTS

 

Council Member Barnett reported attendance at the first meeting of the newly formed Siskiyou League of Local Agencies.  Brian Meeks is the new chairman, and the group heard a presentation by the Shasta Cascade Wonderland Association. 

 

Council Member Ramsey stepped down left the room at 3:36 p.m.

 

Council Member Barnett reported the Community Center board is having weekly meetings now because the tax measure that will support the Center will be on the ballot in only three weeks. 

 

Mayor Borcalli thanked City Administrator Wilson, Finance Director McKinnis, and Council Member Barnett for attending the League meeting because it is such a great networking opportunity to meet with representatives of other Siskiyou County agencies. 

 

Mayor Borcalli reported attendance at a meeting where a program called “America’s Byways” was presented.  It is a plan to connect Lassen National Park and Crater Lake National Park using local roadways and, in turn, encouraging visitors to stop and discover local areas.  Mayor Borcalli stated that project representative Jim Vancura has volunteered to come to a meeting to discuss the program. 

 

Council Member Ramsey returned to the room and the dais at 3:42 p.m.

 

 

VI.  REGULAR AGENDA

 

A.  Chamber of Commerce:  Request for approval of modification of Transient Occupancy Tax allocations

 

City Administrator Wilson reported receipt of request for approval of revision of the funding for various projects. 

 

Chamber Secretary Karen Heiser came before the Council to explain the requested revision noting that the Carnevale as a fundraiser did poorly and the Chamber found it necessary to revise allocations for certain projects.  Ms. Heiser assured the Council the Chamber is not canceling any projects. 

 

Council Member Ramsey moved approval of the requested revision, and Council Member Barnett seconded the motion, said revision as follows:

            Cabin and Grounds Maintenance from $2,250 to $2,323

            Arch Maintenance from                               $1,000 to $2,000

            Trash Receptacles from                              $3,500 to $2,500

            Ambassador from                                         $7,500 to $8,500

            Seasonal Banners from                                $3,500 to $2,167

            Street Lights from                                        $1,000 to $0

            Christmas Lights and Decorations from $1,500 to $1,995

            Advertising from                                          $1,200 to $1,965

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

NOES:              None

ABSENT:         None

 

B.  Finance Department:  Request for approval of budget amendments – City Hall building rehabilitation and renovation. 

 

City Administrator Wilson reviewed previous appropriation of funding specifically for the roof on the south annex to City Hall, and reported the actual cost came in less than the $35,000 appropriated.  City Administrator Wilson requested approval to transfer the difference to the City Hall restoration account. 

 

Council Member Sutton moved to approve reallocation of $5,375 from the City Hall roof account to the City Hall restoration and rehabilitation account.  Council Member Ramsey seconded the motion. 

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

NOES:              None

ABSENT:         None

 

C.  Public Works Department – Gas Franchise:  Council will consider drafted amendment of ordinance adding Chapter 12 to Title 16 of the Weed Municipal Code Regulating Gas Franchises.  Ordinance No. 353-2001 for possible re-introduction for first reading. 

 

City Administrator Wilson reviewed that the Council previously expressed interest in issuing a gas franchise to allow installation of gas pipes in the city streets for gas distribution.  Mr. Wilson stated that an ordinance was drafted to authorize the issuance of gas franchises. 

 

City Attorney Pierce stated that the drafted document requires a table of contents and a definitions section, but noted this ordinance allows the City to enter into agreements based on the ground rules in the ordinance, and then the City can develop the agreement to be signed by the potential franchisee. 

 

City Administrator Wilson stated that during the Vista Drive construction project pipelines were installed in anticipation of a franchise so that the streets didn’t get torn up later. 

 

Council Member Barnett moved, seconded by Council Member Ramsey, that the reading in full of the body of Ordinance No. 353-2001 be waived, said ordinance being introduced for first reading by title only.

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

NOES:              None

ABSENT:         None

 

Council Member Barnett read the title of Ordinance No. 353-2001 and moved introduction for first reading, seconded by Council Member Tallerico, said ordinance being in the words and figures following:

 

ORDINANCE NO. 353-2001

 

AN ORDINANCE OF THE CITY OF WEED

ADDING CHAPTER 14.18 TO TITLE 14

OF THE WEED MUNICIPAL CODE

AUTHORIZING AND REGULATING THE GRANTING OF UTILITY

PROPANE GAS FRANCHISES

 

THE CITY COUNCIL OF THE CITY OF WEED DOES ORDAIN AS FOLLOWS:

 

Section 1:  Chapter 14.18 is hereby added to Title 14, of the Weed Municipal Code to read as follows:

 

“Chapter 14.18

 

GAS FRANCHISE

 

Section 14.18.010                Short title. 

Section 14.18.020                Definitions. 

Section 14.18.030                Authority to grant franchise. 

Section 14.18.040                Exclusions.

Section 14.18.050                Term of franchise. 

Section 14.18.060                Franchise fee. 

Section 14.18.070                Audit. 

Section 14.18.080                Supervision and enforcement. 

            Section 14.18.090                Adequate supply / lowest reasonable cost / restoration of service. 

            Section 14.18.100                Compliance with California Public Utilities Commission (P.U.C.) regulations.

            Section 14.18.110                Payment of expenses incurred by city in relation to franchise agreement.

 

 

14.18.010  Short title.  The ordinance codified in this chapter shall be known as the City of Weed Gas Franchise Ordinance. 

 

14.18.020   Definitions.  For the purpose of this chapter, the following words and phrases shall have the meaning given in this section.

 

When not inconsistent with the context of this chapter, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” or “will” are mandatory, and the word “may” is permissive. Words not defined in this section shall be given their common and ordinary meaning.

 

“City” means the municipal corporation designated as the City of Weed, located in the County of Siskiyou, and includes the territory that currently is, or may in the future be, included within the boundaries of the City of Weed,

 

“Council” or “city council” means the legislative body of the City of Weed,

 

“Facilities” means all physical components of any franchisee which are reasonably necessary to provide gas into, within and through the city for transportation, distribution and sale and include, but are not limited to, plants, works, systems, transmission and distribution structure, lines equipment, pipes, mains, conduit, gas compressors and meters, underground lines, wires and cables.

 

“Gas” or “natural gas” means such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof, but shall not mean any gas or petroleum product primarily used to power vehicles of any nature.

 

“Gas distribution facilities” means that portion of any franchisee’s gas system reasonably necessary to provide for the transportation and sale of gas within the city, and includes all physical infrastructure to the point of delivery of the customer, and all devices connected to that system.

 

“Official city representative” or “city administrator” means the Weed City Administrator, his/her successor in office or any officer or employee of the city designated to act as the official city representative by the city administrator, his/her successors, or said officer, each of whom shall be authorized to act on behalf of the city under this franchise.

 

“Park” or “park land” means a recreation area within the city owned, maintained and designated as a park or park land by the city council.

 

“Public or dedicated easements” refer to and are public easements created and available for use by investor-owned or other public utilities for their facilities.

 

“Public Utilities Commission” means the Public Utilities Commission of the State of California (“Commission” or “P.U.C.”) or other authority succeeding to the regulatory powers of the Public Utilities Commission of the State of California.

 

“Residents” means all persons, businesses, industry, governmental agencies and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the City of Weed.

 

“Revenues” means those amounts of money that any franchisee receives from its customers, or from any source, for use of its facilities within the city by other entities and from the sale of gas and the transportation of gas.

 

“Streets and public places” means streets, alleys, viaducts, bridges, highways, avenues, boulevards, roads, lanes and public rights-of-way that are located in the city.

 

14.18.030  Authority to grant franchise.  Pursuant to pertinent sections of the California Public Utilities Code, including but not limited to §6001 et seq., and §6201 et seq., the city hereby declares its authority to grant, subject to any conditions, terms and provisions agreed upon with any potential franchisee, the right(s) to furnish, sell and distribute propane gas within the city, to the city, and to all residents of, or business located within, the city.

 

Such authority shall include the authority to grant the right(s) to acquire, construct, install, locate, maintain, operate and extend into, within and through the city, all facilities reasonably necessary to furnish, sell and distribute gas within the city, and the right(s) to make reasonable use of the streets and other public places as may be necessary to carry out any agreement conveying such right(s) entered into pursuant to this chapter.

 

Any right(s) granted pursuant to this chapter shall be subject to the city’s right(s) of usage for any municipal purposes, and shall further be subject to zoning, subdivision, permitting, building code, or similar land use requirements.

 

Any right(s) granted pursuant to this chapter shall, unless otherwise articulated in any specific franchise agreement, extend to all areas of the city as it is now constituted, and to additional areas as the city may increase in size by annexation or otherwise.

 

Any right(s) granted pursuant to this chapter shall not constitute any waiver or abdication of any of right(s) or obligation(s) conferred or imposed upon the city under the statutes and/or Constitutions of the State of California and the United States, except as otherwise specifically set forth herein, or as may be legally waived or abdicated pursuant to a written agreement entered into pursuant to this chapter.

 

In any agreement entered into pursuant to this chapter, the city shall expressly retain the right(s) to use, control and regulate, through the exercise of its police power, the use of city streets, public easements and other public places, and the space(s) above and beneath them, and to impose such other regulation(s) as may be determined by the city council to be necessary in the exercise of its police power to protect the health, safety and welfare of the public.

 

14.18.040  Exclusions.  Any right(s) granted pursuant to this chapter shall not constitute the granting of any right, privilege or authority to engage in any other activity than such activity(ies) as may be articulated in any agreement entered into pursuant to this chapter.

 

Any right(s) granted pursuant to this chapter shall not constitute, and shall not be deemed to be, exclusive franchise right(s), unless expressly articulated in any agreement entered into pursuant to this chapter, and the city reserves the right to itself to make or grant similar right(s) to any other person, firm or corporation.

 

14.18.050  Term of franchise.  No franchise right(s) granted, or purportedly granted, pursuant to this chapter or any written agreement shall vest with any potential franchisee or be valid, unless:  (a) such right(s) and agreement have been approved by majority vote of the city council, (b) the potential franchisee has filed with the city clerk a Notice of Written Acceptance of any terms agreed upon pursuant to this chapter, and (c) any such right(s) are approved by the city attorney.

 

14.18.060  Franchise fee.  In consideration for the grant of any franchise pursuant to this chapter, any potential franchisee shall pay to the city either:  (a) a sum equal to the three percent (3%) Broughton Formula or one percent (1%) whichever is greater; (b) payment of one percent (1%) of all revenues received from the sale of gas, and from the transportation of gas to customers within the city, and from revenues accruing to any franchisee from any use of its utility facilities within the city by other entities; or (c) a sum or amount otherwise agreed to by the city and the franchisee.

 

Payment of the franchise fee shall not exempt the franchisee from any lawful taxation upon its property, or from sales and use taxes, and from fees and taxes that are uniform and generally applicable to businesses alike.

 

14.18.070  Audit.  The city administrator, or other authorized city representative, shall have access to the books of any franchisee for the purpose of auditing or checking to insure that the franchise fee has been correctly computed and paid.

 

14.18.080  Supervision and enforcement.  The city administrator, or other authorized city representative, shall be designated in any agreement entered into pursuant to this chapter to be the official of the city having full power and authority to take appropriate action for and on behalf of the city and its inhabitants to enforce the provisions of this chapter, and to investigate any alleged violations or failure of any franchisee to comply with the provisions hereof, or to adequately and fully discharge its responsibilities and obligations under this chapter or any agreement entered into pursuant to this chapter.  The failure or omission of said official city representative to so act shall not constitute any waiver or estoppels nor limit independent action by other city officials.

 

14.18.090  Adequate supply/ lowest reasonable cost/ restoration of service.  Any franchisee granted right(s) pursuant to this chapter shall at all times take all reasonable and necessary action(s) to assure an adequate long-term supply of gas to its customers at the lowest reasonable cost.  If the supply of gas to city customers should be interrupted, the franchisee shall take all necessary and reasonable actions to restore such supply at the earliest practicable time.  In the event the company’s gas system is partially or wholly destroyed or incapacitated, the company shall use due diligence to restore its system to satisfactory service within the shortest practicable time.

 

14.18.100  Compliance with California Public Utilities Commission (P.U.C) Regulations.  Any franchisee granted right(s) pursuant to this chapter shall assure that the gas it distributes meets with the minimum standards promulgated by the California Public Utilities Commission, and such franchisee shall keep on file with the city copies of P.U.C. rules regulating the service of gas utilities, and any tariff provisions of the franchisee setting minimum standards for gas service, as the same may be amended from time to time, and the City shall have access to all records of the franchisee monitoring compliance with such standards.  Prior to final adoption by the city of this franchise agreement prepared pursuant to this chapter, the franchisee shall file with the P.U.C. such amendments to its tariffs as may be necessary to make its tariff provisions compatible with the provisions of this chapter, and shall report to the city any changes that have been made for this purpose.

 

14.18.110   Payment of expenses incurred by city in relation to franchise agreement.  At the city’s option, any potential franchisee may be required to pay in advance, or reimburse the city for, expenses incurred for: city staff time including attorney’s fees, the publication of notices, the publication and codification of any supplemental ordinances, and any other associated costs arising from the negotiations of any franchise agreement contemplated pursuant to this chapter. None of the expenses paid or reimbursed by the franchisee under this section shall be surcharged against city ratepayers.”

 

Section 2.  This ordinance shall take effect and be in force thirty (30) days after its passage.

 

Section 3.  This ordinance shall be printed in the Weed Press within fifteen (15) days after its passage.

 

UPON ROLL CALL, THE VOTE WAS: 

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

NOES:              None

ABSENT:         None

 

 

D.  Public Works Department:  Request for approval of purchase of vehicle. 

 

City Administrator Wilson reviewed that the budget for the current year includes purchase of a truck for the Public Works Department and one has been located at Lithia Chevrolet of Redding for $23,000.  Mr. Wilson noted that, under City Code, acquisitions over $10,000 require Council approval.

 

Council Member Ramsey moved, seconded by Council Member Sutton, approval of the purchase of a pick up truck from Lithia Chevrolet of Redding in the amount of $23,000. 

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

NOES:              None

ABSENT:         None

 

VII.  CONSENT AGENDA

 

Mayor Borcalli stated that all items listed under the consent agenda are considered to be routine, 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. 

 

Council Member Tallerico moved, seconded by Council Member Ramsey, to approve the consent agenda as published to include the approval of minutes of September 10, 2001, the payment of claims #28869 – 28884, #28937 – 28949, #29016 – 29025, #29027 – 29058, and #29073 – 29126 in the amount of $160,780.40 and the Financial Status Report for Month Ending September 2001. 

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. Mayor pro tem Tallerico assumed the chair of the meeting, and moved, to approve the payment of claim #29026 to D & R Hardware in the amount of $197. Council Member Ramsey seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Borcalli

 

Mayor Borcalli returned to the dais.

 

 

IX.  STAFF REPORTS

 

Public Works Director Sharp reported his department is finishing up summer projects and also reported that he is working on projects for future State Transportation Improvement Program (STIP) funding. 

 

Finance Director McKinnis reported sales tax revenues are up 12.8 percent over last year, and added that the Broaster’s Chicken place at the Travel Center will be opening on Monday. 

 

Fire Chief Quigley reported the Firefighter Academy starts on Saturday with 35 students in the program, and added that the Paramedic program starts in a couple of weeks and it is a first for College of the Siskiyous.  Chief Quigley noted this latter program is exciting because it is hard to get advanced life support in rural areas, but with the program, citizens here will benefit from their skills in the same way the fire program benefits the local citizens. 

 

Police Chief Nicholas reported the Haunted House project is in its eighth year and is again being offered at the Weed Mercantile Mall thanks to the space donated by the owners, John and Joyce Oliver. 

 

City Administrator Wilson thanked everyone for support during recent medical procedures. 

 

 

X.  ADJOURNMENT

 

A.  Closed Session – Pursuant to Government Code §54957.6, Conference with labor negotiator
Agency negotiator:           City Council Committee
Employee organization:   Miscellaneous and Safety employee Units

 

Council Member Barnett moved adjournment to closed session.  Motion seconded by Council Member Ramsey.

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

NOES:              None

ABSENT:         None

 

Council adjourned at 4:05 p.m. and returned to open general session at 4:55 p.m.

City Attorney Pierce reported that the City Council met in closed session pursuant to Government Code §54957.6, to Conference with labor negotiator, and the Council received information and direction from staff concerning negotiations with the Operating Engineers and the City’s Miscellaneous and Safety bargaining units, and the Council took no action. 

 

 

B.  Sine Die

 

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

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

NOES:              None

ABSENT:         None

 

MEETING ADJOURNED SINE DIE AT 4:56 P.M.