WEED CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2001
The
City Council of the City of Weed held a regular meeting on Thursday, December
13, 2001, at 3:30 p.m. in the Council Chambers at City Hall.
Mayor
Vince Tallerico called the meeting to order and led recitation of the Pledge of
Allegiance. Present, in addition to
Mayor Tallerico, were Council Members Neva Barnett, Amelia “Mel” Borcalli,
Brian Ramsey, and Chuck Sutton. 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. PUBLIC BUSINESS FROM THE FLOOR
Mayor
Tallerico 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.
George
Cavnar expressed concern about more water for the money paid, stating that the
cubic foot allowance is insufficient for normal household activities. Mr. Cavnar asked the Council to put the
matter for discussion on the next agenda, and also asked the Council to adopt a
resolution condemning law enforcement including the district attorney’s office
for their inability to curtail the flow of drugs to the young people of our
community.
IV. COUNCIL MEMBER REPORTS AND COMMENTS
Council
Member Borcalli commented on the melodrama created by Jim Witherell for the
City’s centennial celebration adding that it was hilarious. Council Member Borcalli also commented on
the City’s successful holiday tree lighting and parade activities last Friday. Council Member Borcalli then reported
attendance, as a member of the Community Center Board of Directors, at a
meeting with Ford Family Foundation representatives. Ms. Borcalli said the meeting went well.
Council
Member Barnett noted that the Blue Bag recycling program has commenced and the
people that are using it are pleased with the service however, there could be
more press on the availability of the program.
Ms. Barnett asked the media to provide some publication if
possible.
V. REGULAR AGENDA
A. George Cavnar: Requests – City to disassociate itself with Community Center; reorganize board; require it to hold meetings open to the public, rescind offer to place Center on City property at Bel Air Park
City
Administrator Wilson reviewed that George Cavnar asked to address the Council
regarding the community center.
George
Cavnar asked the Council to dissociate the City from the Community Center, to
have the board reorganized, to require the Board have open meetings, and to
rescind the offer for the construction of the facility on the City property at
Bel Air Park.
City
Administrator Wilson reviewed his staff report wherein he explained that the
Weed Community Center Board is a non-profit organization recognized by the
Internal Revenue Service, and the State of California, and that it is not part
of the City organization. The report
goes on to explain that at the time the Board became a non-profit organization,
it was no longer associated with the City, it has Bylaws for the conduct of the
meetings, and has jurisdiction over the location.
Mr.
Cavnar, resident of Arbaugh Street, confirmed that he had received and read the
staff report, and stated that the Bel Air location is not appropriate as
downtown is closer to the schools, centrally located and more convenient, and
that Council members should not be members on the Board because it limits the
citizens opportunity for a fair hearing.
Council
Member Sutton questioned whether the City Attorney sees any conflict with
council members sitting as board members, and Mr. Pierce responded in the
negative stating that there is not a quorum of the council sitting on the
board, and added that often in small communities it is common for individuals
to wear several hats regarding involvement in local activities. .
Jim
Gubetta, 202 Woodridge Court, reported he attended the Community Center public
meeting at the elementary school and voiced a concern that the College of the
Siskiyous has restrictions on the use of the park property that is known as Bel
Air Park. Mr. Gubetta added that State
laws prohibit the use of alcohol within 1000 feet of a school, and questioned
the rental of the community center for activities that might allow alcohol
use.
Council
Member Borcalli stated that the College and Community Center Boards would
address concerns about deed restrictions.
Mr.
Cavnar reiterated his request that City Council members step down from the
Board, and that the City rescind its offer to place the Community Center at Bel
Air Park.
Mayor
Tallerico called for a point of order stating that the requests are not within
the Council’s jurisdiction.
B. Ore-Cal
Resource Conservation & Development – Volcanic Legacy All American
Road: Council will consider a letter
requesting support for the project sent by Jim Vancura, Project
Coordinator.
City
Administrator Wilson reported receipt of letter from Ore-Cal Resource
Conservation & Development Council asking for support for the Volcanic
Legacy All American Road.
Joanne
Steel, representing the Siskiyou County Visitor’s Bureau, came before the Council
in support of the request noting that Jim VanCura, the Project Coordinator with
Ore-Cal Resource Conservation & Development is making a similar
presentation to the City Council in Susanville.
Ms.
Steele reviewed the Federal Highway Scenic Byway program and then gave a brief
history of the project to get an All American Road designation that has now
evolved into a greater project to add the “Volcanic Legacy” to the All American
road category. Ms. Steele reported the
proposed route includes Highway 97 within the City limits and south to
Interstate 5 and will be a link between Crater Lake National Park and Lassen
Volcanic National Park. Ms. Steele
stated that the difference between the Scenic Byway and the All American Road
designations is that with the latter, consideration is given to cultural values
in addition to scenic values. Ms.
Steele stated that it is an especially prestigious designation setting the area
up internationally as being a highly valuable and valued placed to visit, and
noted there is a very brief window of opportunity to assemble the requirements
for the application.
Council
Member Borcalli moved to direct staff to send a letter of support for the
nomination of the Shasta Volcanic, Modoc, and Lassen Scenic Byways as the Volcanic
Legacy All American Road by the Federal Highways Administration. Council Member Barnett seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
C. NorCal Joint Powers Agreement for the purchase of Pacific Power and Light: Presentation by Joe Bedard proposing amendment for discussion and possible adoption of resolution approving the fourth amended Joint Powers Agreement of the Nor-Cal Electric Authority, a California Joint Powers Authority..
City
Administrator Wilson reviewed that at the last meeting the Council received a
status report on the possible sale of the California facilities of Pacific
Power to the Nor-Cal Electric Authority and since the time of the meeting a
letter was received inviting the City to continue participation in the Nor-Cal
Electric Authority by adoption of the Fourth Amended Joint Powers
Agreement.
Larry
Bacon, City Attorney for City of Yreka, and Joe Bedard, General Manager of
Nor-Cal Electric Authority, came before the Council to review the formation of
first the Jefferson Public Power Authority, and then the Nor-Cal Electric
Authority with the subsequent amendments that were all put in place to
facilitate the acquisition of PacificCorp’s retail electrical distribution
system
Mr.
Bacon reported the Fourth Amended Joint Powers Agreement allows the joint
powers authority to proceed with a more democratic interim commission. Mr. Bacon pointed out the basic change is
the interim commission is composed of seven members, four from Siskiyou County,
two from Del Norte County, and one from Modoc County and these were based on
populations and numbers of customers in each geographic area. Mr. Bacon stated the interim commission will
be involved in the final negotiation for the transaction, and after the sale, a
commission will be formed by election.
Mr. Bacon added this formation is more democratic and more likely to be
accepted by the Public Utilities Commission, as it is not governed by any one
city or county entity. And similarly,
after purchase, the authority will be run by experienced power officials, and
not by any of the individual entities.
Mr.
Bacon explained how the rates are structured and how customers should look
forward to a relatively stable power rate after the purchase.
Mr.
Bacon stated there is one exception to the proposed amendment that the City of
Yreka took by deleting one sentence at Section 4 (3) (b) in the Fourth
Amendment, and specifically mentioning the exclusion in the resolution that
adopts the Fourth Amendment. Mr. Bacon
added that the City of Dunsmuir did the same.
Mr. Bacon stated the provision precludes Yreka Council Member from
serving on the interim Commission because he served on the first
Commission. Mr. Bacon could not explain
why the County wanted this provision, but it was not found acceptable to the
City of Yreka.
Council
Member Barnett moved, seconded by Council Member Ramsey, that the reading in
full of the body of Resolution No. 17-2001 be waived, said resolution being
amended as identified by the City of Yreka to delete the second sentence in
Section 4 (3) (b) in the Fourth Amendment, and introduced and adopted by title
only.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council
Member Barnett, read the title of Resolution No. 17-2001, and moved adoption
subject to amendment as identified to delete the second sentence in Section 4
(3) (b) in the Fourth Amendment. Motion
seconded by Council Member Ramsey, said resolution being in the words and
figures following:
RESOLUTION NO. 17-2001
RESOLUTION OF THE CITY OF WEED ADOPTING THE FOURTH
AMENDED JOINT POWERS AGREEMENT OF THE NOR-CAL
ELECTRIC
AUTHORITY, A CALIFORNIA JOINT POWERS AUTHORITY
WHEREAS,
the Nor-Cal Electric Authority is a California Joint Powers Authority (JPA),
initially formed by the City of Yreka and the County of Del Norte; and
WHEREAS,
the Cities of Dunsmuir, Weed, Montague, Fort Jones, Dorris, and Tulelake
subsequently joined the JPA; and
WHEREAS,
the County of Del Norte has agreed to withdraw from Nor-Cal in order to further
the purposes of the organization; and
WHEREAS,
Nor-Cal Electric Authority is in the process of purchasing the California
electric distribution assets of PacifiCorp; and
WHEREAS,
the Nor-Cal Electric Authority is seeking the membership of all municipalities
in the service territory it proposes to purchase; and
WHEREAS,
the Nor-Cal Electric Authority has committed to making payments in lieu of
property taxes and franchise fees to all cities and counties that become
members of Nor-Cal; and
WHEREAS,
the Fourth Amended Joint Powers Agreement contains a number of beneficial
revisions; and
WHEREAS,
pursuant to Government Code §6508.1 the parties to the Nor-Cal Electric
Authority Joint Powers Agreement may specify that the debts, liabilities, and
obligations of the Nor-Cal Electric Authority shall not be debts, liabilities,
or obligations of the parties to the agreement; and
WHEREAS,
the Fourth Amended Joint Powers Agreement of the Nor-Cal Electric Authority
provides that the debts, liabilities, and obligations of Nor-Cal do not become
debts, liabilities, or obligations of the parties to the agreement.
NOW,
THEREFORE, BE IT RESOLVED that the City of Weed hereby adopts the Fourth
Amended Joint Powers Agreement of the Nor-Cal Electric Authority modified as to
Section 4. B. (3) to delete, “None of the three persons who were appointed to
serve as the first members of the initial Commission shall serve as a member of
the interim Commission.”; and
BE
IT FURTHER RESOLVED that the Mayor is authorized to execute a counterpart of
the Joint Exercise of Powers Agreement and the Local Access and Support
Agreement on behalf of the City of Weed.
UPON ROLL CALL, THE VOTE WAS:
AYES: Council
Members Barnett, Borcalli, Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
D. Public Works Department – Sewer System: Discussion of options and direction to staff regarding construction of sewer laterals to complete the sewer project.
City
Administrator Wilson reviewed that some time ago, the Council adopted a policy
whereby sewer lateral installation associated with the sewer grant will be made
at no cost to the property owner. Mr.
Wilson noted that the policy was adopted under condition that lateral
installation at income eligible properties would be funded through appropriate
grant monies totaling $462,500. Council
then adopted a resolution authorizing availability of $169,375 from the sewer
capital fund for installation of sewer laterals at the non-grant funded
households. Mr. Wilson explained that
history has shown that cost for each installation exceeds original estimates
and averaged approximately $3,000. Actual
expense has therefore exceeded the grant monies which in turn required the expenditure
of some of the monies earmarked for the non-grant funded households.
Mr.
Wilson reported that $101,000 is now available in the sewer capital fund, and
the estimate for the connections remaining is approximately $500,000. Mr. Wilson reviewed possible alternatives
and requested direction from the Council.
Council
questioned how the City could use funding to pay or help pay for the lateral
installation on private property. City
Attorney Pierce responded that he would require more information to determine
whether it is a gift of public funds but generally speaking, these individuals
are not receiving treatment above and beyond what a member of the general
public is receiving, and therefore should not be viewed as a gift of public
funds.
Jim
Gubetta, resident of Woodridge Court, stated there are numerous issues to
consider including the past increase in sewer rates that was supposed to be for
future capital improvement, various sewer fee deferrals that are pending
receipt, and the unauthorized expenditure of capital funds for grant eligible
individuals.
George
Cavnar, resident of Arbaugh Street, questioned the rules for the grant funding
for the income-eligible households.
Council
acknowledged that costs must be borne by users, and then briefly discussed the
alternatives presented expressing concern about non-professionals making the
connections when they may not be skilled to do so.
Jim
Gubetta then suggested Council commit the outstanding deferred sewer buy in
fees toward the project.
Mayor
Tallerico then appointed a committee consisting of Council Members Barnett and
Sutton, City staff members Wilson, McKinnis, and Sharp, and citizen Jim Gubetta
to consider all the alternatives and make solid recommendation to Council at
the next meeting.
E. Public
Safety – Fireworks: Council will
consider drafted ordinance to amend regulations regarding the sale and use of
fireworks.
City
Administrator Wilson recalled that the Council authorized the drafting of an
ordinance amending City regulations concerning the sale of fireworks. City Attorney Pierce reviewed the ordinance
he drafted noting it is consistent with the State Health and Safety Code that
pertains to sales of fireworks. Mr.
Pierce then requested Council direction concerning the inclusion of various
sections where the City does have discretion including limiting the sales to
groups raising funds for youth activities, permit fees, the number of permits
to issue, limitations on times of use, insurance requirements, and age limits
for individuals manning the booths.
Council
provided input and City Attorney Pierce agreed he would check the law with
regard to limitations on sellers and times of sales, and would have the
ordinance ready for action at the next regular meeting.
VI. CONSENT AGENDA
Mayor
Tallerico 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
Tallerico asked if there are items to be removed from the consent agenda. There were none.
Council Member Borcalli moved, seconded by Council
Member Ramsey, to approve the consent agenda as published including the
approval of minutes of January 11, February 8, October 11, 2001; the approval
of Claims #29261 – 29272, #29275 – 29286, #29288 - 29326, #29342 – 29387, and
#29389 - 29390 in the amount of $152,532.18, and the Financial Status Report for
Month Ending November 30, 2001.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council
Member Borcalli declared an economic conflict of interest,
and stepped from the dais. Mayor
Tallerico moved, seconded by Council Member Sutton, to approve the payment of Claim #29287 to D & R
Hardware in the amount of $224.70
AYES: Council Members Barnett, Ramsey,
Sutton, and Tallerico
NOES: None
ABSENT: Council
Member Borcalli
Council Member Borcalli returned to the dais.
VIII. STAFF REPORTS
City
Attorney Pierce updated the Council on the Cargill v. Los Angeles Metropolitan
Water District, and reviewed another case about liability associated with
property maintenance and with providing access across one’s property to another
where a dangerous condition exists.
City
Administrator Wilson wished everyone a happy holiday season.
City
Clerk Salvestrin asked for volunteers for attendance at the League of
California Cities’ Annual Conference to be held next week in Sacramento. There were no Council members interested in
attending with City Administrator Wilson.
IX. ADJOURNMENT
A. Closed
Session – Pursuant to Government Code
§54957.6, Conference
with labor negotiator
Council
Member Borcalli moved to adjourn to the published closed session to commence
after a brief recess.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council
adjourned at 5:32 p.m., and returned to open general session at 5:50 p.m.
City
Attorney Pierce reported that the City Council met in closed session to receive
information and give direction to the labor negotiators concerning the Miscellaneous
and Safety bargaining units, and no action was taken.
Council
Member Borcalli 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 5:51 P.M.