WEED CITY
COUNCIL
REGULAR MEETING
MARCH
23, 2000
The City Council of the City of Weed held a regular
meeting on Thursday, March 23, 2000, at 7:00 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 Roy
Bergfors, Amelia “Mel” Borcalli, Joel Obuchon, and Vince Tallerico. Also present were City Administrator Earl
Wilson, Police Sergeant Bill Lachenmyer, Fire Chief Darin Quigley, Public Works
Director Craig Sharp, and City Clerk Deborah Salvestrin.
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 Borcalli reported on the status of the Adopt a Street program noting that the logo has been sent to a sign company to obtain an estimate.
Mayor
Barnett asked that interested Council and staff plan for a photograph to be
taken at the first Council meeting in May to be used in the time capsule that
will be placed in the Siskiyou County Courthouse for 50 years.
Mayor
Barnett also announced that the League of California Cities is urging counties
and cities and individuals to get a message to the Governor to support
$5,000,000 to be distributed as gas taxes every year for street and road
work. Council concurred and asked the
staff to draft the letter to the Governor.
A. Notice of Substandard or Dangerous Condition,
212 Pine Street: Appeal of Notice
ordering demolition submitted by Terry Shumlai
Mayor Barnett reviewed that this
matter was first considered last fall but was re-noticed due to technicalities
in the notice to the property owners.
Mayor Barnett added that the appellant, Mr. Shumlai, phoned her to ask
that the item be continued because he is unable to attend due to transportation
problems.
City Administrator Wilson noted he
also received a call from Mr. Shumlai and suggested the Council has the options
of going ahead with the hearing, or opening the hearing and hear testimony of
anyone present and continue the item.
Council agreed to open the hearing
to hear the report from the Building Inspector, and continue to the next
meeting.
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
7:12 p.m.
Building
Inspector Smith reviewed that the substandard conditions have existed since
1993, and no attempt to improve the property has been made since the Council’s
meeting last September.
Mayor Barnett asked for
comments and/or questions in opposition to the demolition order. There were none.
Mayor Barnett asked for
comments and/or questions in support of the demolition order. There were none.
There
being no comments from the Council, Mayor Barnett moved to continue the hearing
to the next meeting at which time action will be taken with or without Mr.
Shumlai’s presence. Council Member
Obuchon seconded the motion.
AYES: Council
Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico
NOES: None
ABSENT: None
Mayor
Barnett received a request that item H be considered earlier in the published
agenda to accommodate the speaker.
Council Member Borcalli moved, seconded by Council Member Bergfors, to
amend the order of the published agenda to consider item H after item B.
AYES: Council
Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico
NOES: None
ABSENT: None
Mayor Barnett thanked the applicants
for revising their funding requests pursuant to Council request in light of the
expected funding level.
Council Member Bergfors reviewed
that $53,742 is available for distribution, and presented a proposal. Council Members then discussed and adjusted
various amounts.
Jim Gubetta representing the Weed
Museum questioned whether the Museum could use the funding for parking rather
than lighting improvements, and Council agreed the funding could be used for
both.
Aldo Rossetto representing the Weed
Cemetery asked the Council to reconsider the funding for the tractor. Council agreed to add the funding for the
tractor.
Charles Byrd speaking on behalf of
both the Cemetery and the Museum reminded the Council of the efforts that
brought the cemeteries from a state of shambles, and of those that established
the Museum.
Scott Durbin representing the
Centennial Committee supported the Museum and its importance through the
Centennial celebration. Dr. Durbin also
questioned how the cemeteries generate Transient Occupancy Tax.
Virgil Rossetto, representing the
Weed Cemetery, informed the Council there are three Civil War Veterans buried
there, and added that many visitors come through town wanting to see where
their relatives are buried, and some even spend the night visiting other things
around here. Mr. Rossetto also stated
that there are nine acres to mow but the Association cannot afford an expensive
tractor.
Council Member Bergfors moved,
seconded by Council Member Borcalli, to approve funding as adjusted as follows:
Beta Sigma Phi for landscaping $ 1,000
Centennial Committee for advertising
& promotion $
2,850
Siskiyou Community Center for public
education campaign $10,000
Siskiyou County EDC for Enterprise
Zone Administration $10,000
Weed Chamber of Commerce $12,250
Tree
Maintenance $ 1,500
Cabin
&Grounds Maintenance $ 750
Arch
Maintenance $
500
Repair
welcome signs & new signs $ 1,000
Trash
receptacles $ 1,000
Ambassador $
4,500
Seasonal
banners $ 1,500
S.R.D.A. $ 1,500
Weed Historic Lumber Town Museum $12,100
Docents $ 8,100
Lighting/Parking
improvements $ 4,000
Weed Revitalization Committee $ 2,500
Seed
packets $
500
Repair
holiday lights and decorations $ 1,000
Lighting
for holiday decorations $
1,000
Winema Cemetery Association $ 3,705
Improvements $
1,900
Lawn
tractor $ 1,805
Total $54,405
AYES: Council
Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico
NOES: None
ABSENT: None
Mayor Barnett reported receiving a
request to be excused submitted by Joel Obuchon who has a work related
obligation. Council Member Tallerico
moved to excuse Council Member Obuchon, seconded by Council Member Borcalli.
AYES: Council
Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico
NOES: None
ABSENT: None
Council Member Obuchon left the dais
and the Chambers at 7:32 p.m.
B. Request for adjustment of water billing due to undetected leak submitted by Clardies Hilliard
City Administrator Wilson reported
receipt of request for adjustment due to excessive charges caused by a water
leak at a house on Crestmore Avenue.
Clardies Hilliard came before the
Council in support of his request. Mr.
Hilliard stated he had a water leak that he noticed because the amount of the
bill had doubled, and after finding it and repairing it, an overage came on the
second billing too.
Mayor Barnett briefly reviewed the issue addressed in City Administrator Wilson’s staff report that the City’s Rules and Regulations do not provide provision for adjustments for water leaks. Mayor Barnett added that Council has set the precedent of granting adjustments anyway and suggested that the policy should be reviewed and revised. At Council request, staff agreed to place the matter on a future agenda.
Council Member Borcalli moved, seconded by Council
Member Tallerico, to adjust Mr. Hilliard’s account by $20.67 for February and
$5.45 for March.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
H. Community Development Block Grant Program: Proposed agreement for grant administration submitted by Great Northern Corporation
City Administrator Wilson reviewed
that the City recently received an economic development block grant, and in the
past the City has had agreements with Great Northern Corporation. Mr. Wilson stated the City is interested in
continuing this arrangement, and that the State is now permitting
“sub-recipient agreements” under specific conditions such as rural areas where
qualified contractors are limited. Mr.
Wilson added that use of sub-recipient agreements allow entities to waive the
formal request for proposal process in sole source situations where competitive
bidding is not reasonable.
Paul Wagner, Executive Director of
Great Northern Corporation, came before the Council in support of the proposed
agreement. Mr. Wagner stated that the
sub-recipient agreement is similar to the agreements formerly used including
Federal overlays, bonding requirements, and compliance with Office of
Management and Budgets accounting principles.
Mr. Wagner also noted that Housing and Urban Development recommends the
form of the agreement.
Mr. Wagner distributed a list
showing businesses that have been assisted through previous grant
programs.
City Administrator Wilson stated that the City
Attorney has not yet reviewed the agreement, and recommended Council approval
and eventual execution if the Attorney approves it.
Council Member Borcalli moved,
seconded by Council Member Tallerico, to approve the Sub-recipient Agreement
Between the City of Weed and Great Northern Corporation for Economic
Development Grant #99-EDBG-674 subject to the approval of the City Attorney.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Bob Winston came before the Council
to report that the Committee continues to seek public input and volunteers
willing to become involved. Mr. Winston
agreed to report to the Council periodically.
D. City Council
Meeting Schedule: Review and discussion
of Ordinance drafted to amend Municipal Code §2.04.010. The Council is considering a change in
meeting times from 7:00 p.m. on the second Thursday to 9:00 a.m. on the second
Thursday, and from 7:00 p.m. on the fourth Thursday to 6:00 p.m. on the fourth
Thursday.
Council Member Tallerico moved,
seconded by Borcalli, that the reading in full of the body of Ordinance No.
350-2000 be waived, said ordinance being introduced for first reading by title
only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Mayor Barnett stated that the
principal of Weed High School supports the change to a day-time meeting so that
he can get students to observe government in action.
Council Member Tallerico read the title of Ordinance
No. 350-2000 and moved introduction for first reading, seconded by Council
Member Borcalli, said ordinance being in the words and figures following:
ORDINANCE NO 350-2000
AN ORDINANCE OF THE CITY OF
WEED
AMENDING SECTION 2.04.010,
ENTITLED REGULAR MEETINGS,
OF THE WEED MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF WEED DOES ORDAIN AS
FOLLOWS:
Section 1. Section 2.04.010 of
the Weed Municipal Code is hereby amended to read as follows:
2.04.010 Regular meetings. The city council shall hold regular meetings
on the second and fourth Thursdays of each month. The meeting on the second Thursday of the month shall commence at
9:00 a.m., and the meeting on the fourth Thursday shall commence at the hour of
6:00 p.m., provided however, that in the months of November and December, the
regular meeting shall be held only on the second Thursday of said months. Such meetings may be adjourned from time to
time. Meetings shall be at the city
hall, unless notice of a different location for same shall be stated in the
agenda for the meeting, in which case the scheduling of regular meetings may be
changed by resolution of the city council.
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, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
City Administrator Wilson reviewed
that several years ago the City vacated excess right of way as part of a
subdivision, and since that time, the property owner has requested a lot line
adjustment. Mr. Wilson stated that
although the City vacated the right of way in accordance with the State Streets
and Highways Code, the title company is requesting an additional resolution
authorizing the conveyance of the vacated property.
Council Member Borcalli moved, seconded by Council
Member Bergfors, that the reading in full of the body of Resolution No. 04-2000
be waived, said resolution being introduced and adopted by title only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council Member Borcalli read the title of Resolution
No. 04-2000 and moved adoption, seconded by Council Member Bergfors, said
resolution being in the words and figures following:
RESOLUTION NO. 04-2000
A
RESOLUTION OF THE CITY COUNCIL
WHEREAS, certain right of way was relinquished to the
City of Weed by the State of California in 1984, and is described as Assessor’s
Parcel No. 060-251-160 measuring 99.99 feet wide by 180.44 feet long; and
WHEREAS, the City Council of the City of Weed, by way
of Resolution No. 21-99 adopted on April 8, 1999, expressed intention to vacate
the right of way extending westward from Highway 97 opposite Alamo Avenue; and
WHEREAS, the City Council elected to conduct the
vacation proceedings under Division 9, Part 3 of the California Streets and
Highways Code.;
WHEREAS, pursuant to the California State Streets and
Highways Code a public hearing was scheduled for May 13, 1999, at 7:00 p.m.,
notice of the hearing was published, and the property was posted; and
WHEREAS, at said hearing testimony in favor of, and
in opposition to, the vacation was received by the City Council;
NOW THEREFORE, BE IT RESOLVED that the City of Weed
hereby authorizes conveyance of that certain real property described in Exhibit
“A”, attached hereto, to Brian and Debra L. Palmer.
Upon roll call, the vote was:
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
F. Community Development Block Grant Program: Proposed appointment to the Housing Rehabilitation Loan Committee
Mayor Barnett reported that the
recent death of Elmer Zimmerman has left a vacancy on the City’s CDBG Loan
Committee.
Council Member Bergfors moved,
seconded by Council Member Tallerico, that staff advertise for individuals to
submit letters of interest in appointment.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
G. Ordinance No. 349-2000: Proposed second reading and adoption of an Ordinance of the City Of Weed Amending Title 2, Administration And Personnel, of the Weed Municipal Code Establishing a Personnel System
Council Member Bergfors moved, seconded by Council
Member Borcalli, that the reading in full of the body of Ordinance No. 349-2000
be waived, said ordinance being read and adopted by title only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council Member Bergfors read the title of Ordinance
No. 349-2000 and moved adoption, seconded by Council Member Borcalli, said
ordinance being in the words and figures following:
ORDINANCE NO 349-2000
AN ORDINANCE OF THE CITY OF
WEED
AMENDING TITLE 2,
ADMINISTRATION AND PERSONNEL
OF THE WEED MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF WEED DOES ORDAIN AS
FOLLOWS:
Section 1.
Section 2.12.100 of the Weed Municipal Code is hereby amended to delete
“or employee” after “department head” in the first sentence. Said first sentence shall read as
follows: “It shall be the duty of the
city administrator to recommend to the council the appointment, removal,
promotion, demotion of any department head.”;
Section 2. Chapter 2.36 of the Weed Municipal Code is hereby repealed in its
entirety.
Section 3. Chapter 2.36 is hereby added to the Weed Municipal Code to read
as follows:
“Chapter 2.36
Sections:
2.36.010 Adoption of personnel system
2.36.020 Definitions
2.36.030 Administration
2.36.040 Competitive service
2.36.050 Adoption and amendment of rules
2.36.060 Appointments
2.36.070 Probationary period
2.36.080 Status of present employees
2.36.090 Demotion, dismissal, reduction in pay, suspension,
reprimand
2.36.100 Right of appeal
2.36.110 Lay-off and re-employment
2.36.120 Political activity
2.36.130 Contracts for special service
2.36.140 Severability
2.36.010
Adoption of personnel system. In order to
establish an equitable and uniform system for dealing with personnel matters,
and to comply with applicable laws relating to the administration of the
personnel process, the following personnel system is hereby adopted.
2.36.020
Definitions. The terms used to administer the personnel
system shall be defined in the personnel rules.
2.36.030
Administration. The city administrator shall administer the
city personnel system and may delegate any of the powers and duties to a
personnel director or may delegate the appointing authority granted by the city
council to any other officer or employee of the city or may recommend that such
powers and duties be performed under contract as provided in section 2.36.130
of this chapter. The city administrator
shall:
A.
Act as the appointing authority for the city.
B.
Administer all the provisions of this
ordinance and of the personnel rules not specifically reserved to the city
council.
C.
Prepare
and recommend to the city council personnel rules and revisions and amendments
to such rules.
D.
Prepare
or cause to be prepared a position classification plan, including class
specifications, and revisions of the plan.
E.
Have
the authority to discipline employees in accordance with this title and the
personnel rules of the city.
F.
Provide
for the publishing or posting of notices of tests for positions in the
competitive service; and receiving of applications therefore; the conducting
and grading of tests; the certification of a list of all persons eligible for
appointment to the appropriate position in the competitive service; and
performing any other duty that may be required to administer the personnel
system.
2.36.040
Competitive service. The provisions of the
ordinance shall apply to all officers, positions and employments in the service
of the city, except:
A.
Elective officers.
B.
The city administrator and any assistants to
the city administrator.
C.
The
city attorney and any assistant or deputy city attorneys.
D.
The
city clerk and any assistant or deputy city clerks.
E.
Members
of appointive boards, commissions, and committees.
F.
The
following department heads:
1.
chief
of police
2.
director
of finance
3.
director
of public works
4.
fire
chief
G.
Volunteer
personnel, such as volunteer fire fighters.
H.
All
council appointed city officers.
I.
Emergency
employees who are hired to meet the immediate requirements of any emergency
condition, such as extraordinary fire, flood, or earthquake that threatens life
or property.
J.
Employees,
other than those listed elsewhere in this section, which are not regularly
employed in permanent positions.
“Regularly employed in permanent positions” means an employee hired for
an indefinite term into a budgeted position, who is regularly scheduled to work
no less than one thousand and forty (1040) hours per year, and has successfully
completed the probationary period and been retained as provided in this
ordinance and the personnel rules.
K.
Any
position primarily funded under a state or federal employment program.
L.
Employees
not included in the competitive service under this section shall serve at the
pleasure of their appointing authority.
2.36.050
Adoption and amendment of rules. Personnel rules shall be adopted by
resolution of the city council. The
rules may establish regulations governing the personnel system, including:
A.
Preparation, installation, revision, and
maintenance of a position classification plan covering all positions in the
competitive service, including employment standards and qualifications for each
class.
B.
Appropriate announcement of the selection
process and acceptance of applications for employment.
C.
Preparation
and conduct of tests and the establishment and use of resulting employment
lists containing names of persons eligible for appointment.
D.
Certification
and appointment of persons from employment lists, and the making of provisional
appointments.
E.
Establishment
of probationary testing periods.
F.
Evaluation
of employees during the probationary testing period and thereafter.
G.
Transfer,
promotion, demotio0n, reinstatement, disciplinary action and layoff of
employees in the competitive service.
H.
Separation
of employees from the city service.
I.
The
establishment and maintenance of adequate personnel records for purpose of
accounting and legal requirements.
J.
The
establishment of any necessary appeal procedures.
2.36.060
Appointments. Appointments to vacant positions in the
competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based
on merit and fitness to the ascertained so far a practicable by competitive
examination. Examinations may be used
and conducted to aid the selection of qualified employees and shall consist of
selection techniques which will test fairly the qualifications of candidates
such as achievement and aptitude tests, written tests, personal interview,
performance tests, physical agility tests, evaluation of daily work
performance, work samples or any combination of these or other tests. The probationary period shall be considered
an extension of the examination process.
Physical, medical and psychological tests may be given as part of any
examination.
In any examination the City Administrator or his/her
designee may include, in addition to competitive tests, a qualifying test or
tests, and set minimum standards therefore.
The appointing authority of employees in the
competitive service is the city administrator.
The city administrator may delegate the appointing authority to any
other officer or employee of the city.
2.36.070
Probationary period. All regular
appointments, including promotional appointments, shall be for a probationary
period of not less than one year. The
appointing authority may extend such probationary period up to six additional
months. The probationary period shall
commence from the date of appointment.
In the event of illness or injury requiring absence from work the number
of days absent shall be added to the length of the probationary period. During the probationary period, the employee
may be rejected at any time without the right of appeal, hearing or any
grievance procedure.
If the service of the probationary employee has been
satisfactory to the appointing authority, then the appointing authority shall
file with the Personnel Officer a statement in writing to such effect and
stating that the retention of such employee in the service is desired. If such a statement is not filed, the
employee will be deemed to be unsatisfactory and his employment terminated at
the expiration of the probationary period.
Where a statement of satisfactory service has not been filed, the
personnel officer shall serve notice of the termination on the terminated
employee after the expiration of the selection period.
An employee rejected during the probationary period
from a opposition to which he has been promoted shall be reinstated to a
position in the class from which he was promoted unless he is discharged from
the City service as provided in the personnel rules. If no vacancy exists in such position, he shall be placed on a
re-employment list as provided in the personnel rules.
2.36.080
Status of present employees. Any person
holding a position included in the competitive service who, on the effective
date of this ordinance, shall have served continuously in such position, or in
some other position in the competitive service, for a period equal to the
probationary period prescribed in the rules for his class, shall assume regular
status in the competitive service in the position held on such effective date
without qualifying test, and shall thereafter be subject in all respects to the
provisions of this ordinance and the personnel rules.
Any other persons holding positions in the
competitive service shall be regarded as probationers who are serving out the
balance of their probationary periods as prescribed in the rules before
obtaining regular status. The
probationary period shall be computed from the date of appointment or
employment.
2.36.090
Demotion, dismissal, reduction in pay, suspension, reprimand. The city administrator or any appointing power shall have the
authority to demote, discharge, reprimand, reduce in pay, or suspend, any
regular employee for cause in accordance with procedures included in the
personnel rules.
2.36.100
Right of appeal. Any employee in the
competitive service shall have the right to appeal a demotion, reduction in
pay, suspension, or discharge for disciplinary or medical reasons, except in
those instances where the right of appeal is specifically prohibited by this
ordinance or the rules adopted hereunder.
All appeals shall be processed in accordance with the
requirements and procedures as set forth in the personnel rules adopted
pursuant to this ordinance.
2.36.110
Lay-off and re-employment. Lay-off and
re-employment actions shall follow the process outlined in the personnel rules.
2.36.120
Political activity. The political
activities of city employees shall conform to pertinent provisions of state law
and any local provisions adopted pursuant to state law.
2.36.130
Contracts for special service. The city
administrator shall consider and make recommendations to the city council
regarding the extent to which the city should contract for the performance of
technical services in connection with the establishment or operation of the
personnel system. The city council may
contract with any qualified person or public or private agency for the
performance of all or any of the following responsibilities and duties imposed
by this ordinance:
A.
The
preparation of personnel rules and subsequent revisions and amendments thereof.
B.
The
preparation of a position classification plan, and subsequent revisions and
amendments thereof.
C.
The
preparation, conduct and grading of competitive tests.
D.
The
conduct of employee training programs.
E.
Special
and technical services of advisory or informational character on matters
relating to personnel administration.
2.36.140
Severability. If any part of this chapter is found to be
unenforceable, the other parts shall remain in force insofar as they can be
given meaning and effect."
Section 4.
This ordinance shall take effect and be in force thirty (30) days after
its passage.
Section 5. 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, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
City Administrator Wilson
recommended amendment of the zoning ordinance to include authority to merge and
or make lot line adjustments. Mr.
Wilson noted that current ordinance does not speak to mergers, and is very
brief with regard to adjustments. Mr.
Wilson stated an ordinance has been drafted for Council review and action if
appropriate.
Council Member Borcalli moved, seconded by Mayor
Barnett, that the reading in full of the body of Ordinance No. 351-2000 be
waived, said ordinance being introduced for first reading by title only.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council Member Borcalli read the
title of Ordinance No. 351-2000 and moved introduction for first reading,
seconded by Council Member Bergfors, said ordinance being in the words and
figures following:
ORDINANCE NO 351-2000
AN ORDINANCE OF THE CITY OF
WEED
AMENDING TITLE 17,
SUBDIVISIONS,
OF THE WEED MUNICIPAL CODE
THE CITY
COUNCIL OF THE CITY OF WEED DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 25 is hereby added to Title 17 of the Weed Municipal Code
to read as follows:
Sections:
17.25.010 Authority
for merger of contiguous parcels
17.25.020 Owner-initiated
merger of contiguous lots or parcels
17.25.030 City-initiated
merger of contiguous lots or parcels
17.25.040 Form
of petition
17.25.050 Findings
17.25.060 Recordation
of instrument evidencing the merger
17.25.070 Failure
to conform to procedures—Application may be avoided
17.25.080 Merger
application processing fee
17.25.010
Authority for merger of contiguous parcels. Two or more, but less than five contiguous parcels or lots of
subdivided real property which have been created under the provisions of the
Subdivision Map Act of the California Government Code or any prior law
regulating the division of land, or a city ordinance enacted pursuant thereto,
or which were not subject to those provisions at the time of their creation,
may be merged without a reversion to acreage and an associated parcel map,
under the authority of Section 66499.20 ¾ of the Subdivision Map Act of the
California Government Code.
17.25.020
Owner-initiated merger of contiguous lots or parcels. The owner(s) of any two or more, but less than five, contiguous
lots or parcels may request a merger of said lots or parcels upon the submittal
of an application of all the owners of record of the real property in question
requesting such merger, and by filing with the city administrator an
application for owner-initiated merger and waiver of parcel map, on a form
provided by the City. All owners must
have an interest in each of the parcels sought to be merged. The petition and application shall be processed
and the request approved, denied and/or appealed in accordance with the
provisions of Section 17.25.040 of this Code.
17.25.030
City-initiated merger of contiguous lots or parcels. he city administrator shall require the owner to initiate the
process to merge into a single lot or parcel any two or more, but less than
five, contiguous lots or parcels of land which are held by the same owner,
prior to any land use approval, or the issuance of any building permits on said
lots or parcels if no land use approval is required, when any one or more of
the following conditions apply:
A. Any one or more of the contiguous lots or parcels held by the same owner does not conform to the minimum parcel size and/or dimensional standards set forth for the zoning district in which such lots or parcels are located.
B. One or more of the parcels or lots is
developed, or will be developed, with a single primary structure, that is also
partially sited on a contiguous lot or parcel under the same ownership.
C. One or
more of the parcels or lots is developed, or will be developed, with a primary
use or structure that will be partially or wholly sited on a contiguous lot or
parcel under the same ownership.
D. Merger is
required by the city as a condition of any land use approval or for the
issuance of any permit.
17.25.040
Form of application. The application cited in
§17.25.020 shall contain the following information:
A. Evidence of title (e.g. grant deeds and title report) to all of the parcels of real property involved in the merger.
B. Written
consent of all the owners of interest(s) in all of the parcels of real property
involved in the merger. The consent
shall be notarized.
C. An
exhibit, drawn to a standard engineering scale, delineating the existing parcel
boundaries and the location of any existing structures and easements; and delineating
the boundaries of the parcel after the merger.
D. Evidence
of any variances, encroachment permits, or other evidence of entitlement to
deviation from existing zoning law requirements.
E. Evidence
of legal and physical access to the parcel and evidence that access to
adjoining lots and parcels will not be eliminated or restricted by the merger.
F. Evidence
that all property taxes are current for all of the affected parcels.
G. After receipt of the application, applicant may be required to provide such other pertinent information as may be determined by the city administrator and/or the city engineer to be needed for the proper processing of the application. Such additional information may include, but is not limited to the following: topographic data, data relative to drainage conditions or flood hazards, relative location of public facilities and improvements, information relative to the potential environmental impact of the merger, record survey, etc.
17.25.050
Findings. The real property described in §17.25.030 of
this Code may only be merged when the city administrator finds that:
A. The lots to be merged are, at the time of
merger, under common ownership and all owners have an interest in the real
property to be merged have consented to the merger, in writing;
B. The
parcel(s) or lot(s) to be created by the merger meet or exceed the minimum
dimensions and area as to size established by the zoning district in which said
lots or parcels are located, or a variance thereto has been granted;
C. The lot or
parcel to be created by the merger has legal and physical access, and access to
adjoining lots or parcels will not be eliminated or restricted by the merger;
D. All
property taxes are current for all affected parcels. Any delinquent property taxes have been paid on all affected
lots/parcels that are the subject of the merger;
E. It clearly
appears from the record, as determined by the city administrator, that any
easements of record affecting the lots or parcels to be merged, or for adjoining
lots or parcels, will not be restricted or eliminated by the merger. Alternatively, where it appears from the
record, as determined by the city administrator, that any such easement may be
restricted or eliminated, a written, notarized, statement of noninterference
has been received from the easement holder.
F. No new lot
lines will be created through the merger.
17.25.060
Recordation of instrument evidencing the merger. Upon the granting of a merger by the city administrator, a notice
of merger shall be prepared by the city administrator. The notice of merger shall specify the names
of the record owner or owners and describe the real property. The notice of merger shall be filed with the
city clerk, who shall be responsible for recording the document with the county
recorder of the county of Siskiyou.
17.25.070
Failure to conform to procedures—Application may be avoided. Failure by the applicant to conform to any of the procedures or
time limits set forth herein may result in the voiding of the merger
application.
17.25.080
Merger application processing fee. Applicant
may be charged a reasonable fee, in an amount not to exceed the costs as
determined by resolution of the city council, for processing the merger
application.”
Section 2. Chapter 26 is hereby added to Title 17 of the Weed Municipal Code
to read as follows:
“Chapter 17.26
Sections:
17.26.010 Definition
17.26.020 Authority
for Lot Line Adjustment
17.26.030 Application
17.26.040 Findings
17.26.050 Recordation
of instrument evidencing the adjustment
17.26.060 Failure
to conform to procedures—Application may be voided
17.26.070 Adjustment
application processing fee
17.26.010
Definition A lot line adjustment is any division of
land exempt from the requirements of the Subdivision Map Act of the California
Government Code, in which no more parcels are created by the division than
originally existed prior to the adjustment.
17.26.020 Authority for lot line adjustment. Two or more existing adjacent parcels or
lots of subdivided real property which have been created under the provisions
of the Subdivision Map Act of the California Government Code or any prior law
regulating the division of land, or a city ordinance enacted pursuant thereto,
or which were not subject to those provisions at the time of their creation,
may have their lot lines adjusted without an associated parcel map, under the
authority of §66412(d) of the Subdivision Map Act of the California Government
Code.
17.26.030 Application. An application shall be submitted in writing, on a form provided
by the city that shall contain the following information:
A. Evidence of title (I.e. grant deeds and
title report) to all of the parcels of real property involved in the
adjustment.
B. Written consent of all the owners of
interest(s) in all of the parcels of real property involved in the
adjustment. The consent shall be
notarized.
C.
An exhibit, drawn to a standard engineering scale, delineating the
existing parcels boundaries and the location of any existing structures and
easements; and delineating the boundaries of the parcel after the adjustment.
D.
A legal description of the parcels after the adjustment.
E.
Evidence of any variances, encroachment permits, or other evidence of
entitlement to deviation from existing zoning law requirements.
F.
Evidence of legal and physical access to the parcels and evidence that
access to adjoining lots and parcels will not be eliminated or restricted by
the adjustment.
G. Evidence that all
property taxes are current for all of the affected parcels.
H.
After receipt of the application, applicant may be required to provide
such other pertinent information as may be determined by the city administrator
and/or the city engineer to be needed for the proper processing of the
application. Such additional
information may include, but is not limited to the following: topographic data,
data relative to drainage conditions or flood hazards, relative location of
public facilities and improvements, information relative to the potential
environmental impact of the adjustment, record survey, etc.
17.26.040 Findings. The real properties described in §17.26.030 of this Code may only
have lot lines adjusted when the city administrator finds that:
A.
The lots with the line(s) to be adjusted are, at the time of the
adjustment, have all owners with an interest in the real property consenting to
the adjustment, in writing;
B.
All the parcel(s) or lot(s) to be created by the adjustment meet or
exceed the minimum dimensions and area as to size established by the zoning
district in which said lots or parcels are located, or a variance thereto has
been granted;
C.
No new lot or lots are created through the adjustment.
D.
All the lot or parcel to be created by the adjustment has legal and
physical access, and access to adjoining lots or parcels will not be eliminated
or restricted by the adjustment;
E.
All property taxes are current for all affected parcels. Any delinquent property taxes have been paid
on all affected lots/parcels which are the subject of the adjustment; and
F.
It clearly appears from the record, as determined by the city
administrator, that any easements of record affecting the lots or parcels to be
adjusted, or for adjoining lots or parcels, will not be restricted or
eliminated by the adjustment.
Alternatively, where it appears from the record, as determined by the
city administrator, that any such easement may be restricted or eliminated, a
written, notarized, statement of noninterference has been received from the
easement holder;
17.26.050 Recordation of instrument evidencing the
adjustment. Upon the granting of an
adjustment by the city administrator, a notice of lot line adjustment shall be
prepared by the city administrator.
Applicant shall cause to be prepared a description thereon which is in
conformance with the lot line adjustment.
The applicant shall be responsible for the accuracy of the legal
description appearing on such document. The notice of lot line adjustment shall
specify the names of the record owner or owners and describe the real
property. The notice of lot line
adjustment shall be filed with the city clerk, who shall be responsible for
recording the document with the county recorder of the county of Siskiyou
17.26.060 Failure to conform to procedures—Application
may be voided. Failure by the
applicant to conform to any of the procedures or time limits set forth herein
may result in the voiding of the adjustment application.
17.26.070 Adjustment
application processing fee. Applicant
may be charged a reasonable fee, in an amount not to exceed the costs as
determined by resolution of the city council, for processing the lot line
adjustment application.”
Section 3.
This ordinance shall take effect and be in force thirty (30) days after
its passage.
Section 4. 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, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
STAFF REPORTS
Fire Chief Quigley reported doing an
inspection on the City’s engine that is currently being repaired due to an
accident, and the old engine is back and is being put back together.
Public Works Director Sharp stated a
tentative date for the Spring Clean Up is May 13/14 but he is working with the
County on details and then the Council will be advised.
Sergeant Lachenmyer reported the
Police Department is applying for a technology equipment grant to purchase
computer equipment to augment the CAD system.
City Administrator Wilson reported a
gas franchise ordinance is in the drafting stage, and that Finance Director
McKinnis’ absence is due to illness.
ADJOURNMENT
A. Closed Session: Government Code §54956.9 (b)(3)(A): CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION --
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9: one potential case
Council Member Bergfors moved
adjournment to closed session, and Council Member Tallerico seconded the
motion.
City Administrator Wilson reported
that City Attorney King is unable to attend the meeting due to a commitment out
of the County, but is awaiting a conference call for the purpose of the closed
session.
Council adjourned to closed session
at 8:10 p.m., and returned to open session at 8:22 p.m.
City Administrator Wilson reported
that action was taken and will be announced at the next meeting.
B. Sine Die.
Council Member Bergfors moved
adjournment, seconded by Council Member Tallerico.
AYES: Council
Members Barnett, Bergfors, Borcalli, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
MEETING
ADJOURNED AT 8:23 P.M. SINE DIE.