WEED CITY COUNCIL

REGULAR MEETING

APRIL 27, 2000

The City Council of the City of Weed held a regular meeting on Thursday, April 27, 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, City Attorney Allen King, Finance Director M. Kelly McKinnis, Police Chief Martin Nicholas, Fire Chief Darin Quigley, Public Works Director Craig Sharp, and Assistant City Clerk Nancy Mazzier.

RECOGNITIONS, ANNOUNCEMENTS

A. Council Member Roy Bergfors

Mayor Barnett read a quotation from Martin Luther King, Jr. related to greatness based on service, and added that during Roy Bergfors’ time in Weed he has been heavily involved in services to this community through Rotary, Chamber of Commerce, and Council commitments. Mayor Barnett expressed appreciation for what Roy Bergfors has given the community, and then presented him with a plaque commemorating his tenure on the City Council.

Council Member Bergfors thanked the Council and the staff saying he was involved in community service because he wanted to be and not for accolades. Mr. Bergfors also encouraged the Council and the citizens to stay involved and to support the community activities.

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.

Rob Menzies who resides on N. Old Stage Road, reported the City has been nominated as Tree City USA for the sixth year, and presented the City Council a Tree City USA flag, and attachments for the plaque on display in the Council Chambers. Mr. Menzies also announced the Arbor Day activities planned for Friday, April 28.

COUNCIL MEMBER REPORTS AND COMMENTS

Council Member Bergfors wished the Council success in working for the needs the City has for development, business and its citizens.

Council Members Obuchon, Tallerico, and Borcalli wished Council Member Bergfors well in his future endeavors.

Council Member Borcalli reported that the grant for litter control funds is written and hopefully will receive Council approval tonight.

PUBLIC HEARING(S)

A. The Weed City Council will review and accept comments on the Initial Study/Mitigated Negative Declaration for the Shastina Drive Rehabilitation and Improvement Project

Mayor Barnett reviewed that funding has been received for the rehabilitation of Shastina Drive, and the project requires processing under the California Environmental Quality Act.

City Administrator Wilson reported the Initial Study/Mitigated Negative Declaration has been prepared and distributed for public comment.

Robert Hammar and Eihnard Diaz representing Omni Means and Diaz and Associates respectively appeared before the Council to review the project. Mr. Hammar stated that the project entails full reconstruction with sidewalk, curb and gutter on Shastina from Vista Drive to Black Butte Drive, and curb and gutter to S. Weed Boulevard with sidewalk on the east side only. Mr. Hammar noted that construction is expected to begin this summer.

Eihnard Diaz came before the Council to report that he prepared the Initial Study and noted that many of the expected impacts are short-term in that they are expected during construction. Mr. Diaz explained the mitigation measures and asked for comments and questions.

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 and asked for comments and/or questions in support of the STIP project’s Initial Study/Mitigated Negative Declaration.

Joe Ganim, who resides on College Avenue and owns property in Weed, asked whether streetlights will be installed and Mr. Hammar replied negatively.

Mayor Barnett asked for comments and/or questions in opposition to the STIP project. There were none.

Mayor Barnett closed the hearing and asked for Council comments or questions. There were none, and Mayor Barnett reviewed that action will be continued to the close of the public comment period in Mid-May.

REGULAR AGENDA

A. Request for adjustment of water billing incurred due to a leak submitted by Jack Killingsworth, 358 Walnut Street

City Administrator Wilson reported receipt of request for adjustment of an excessive billing that was caused by a water leak.

Council Member Borcalli reported that Mr. Killingsworth is unable to attend the meeting to represent his request.

Mayor Barnett reviewed that existing policy does not provide for adjustments. Council Member Borcalli suggested that the public be made aware of the policy if the City Council is going to begin adhering to it. Council Member Tallerico noted that giving adjustments has become the Council’s practice.

Council briefly discussed the details of the leak and the timing of the repair process.

Council Member Bergfors moved to allow the adjustment of the bill, and Council Member Borcalli seconded the motion.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

B. City Council: Consideration of options to fill the seat to be vacated by Council Member Bergfors effective May 1, 2000

City Administrator Wilson reviewed that Council Member Bergfors announced his resignation from the City Council to be effective May 1, and then reviewed the State Codes that provide a 30-day period during which the Council must either appoint a replacement or call a special election to fill the seat for the un-expired term.

Council discussed the cost of special elections, and then Council Member Tallerico moved to advertise the position with possible appointment at the end of May. Council Member Borcalli seconded the motion.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

C. Lease Agreement for use of cellular site

City Administrator Wilson recommended this item be tabled due to lack of information.

Council Member Borcalli moved, seconded by Council Member Tallerico, to table action.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

D. Litter grant: Consideration of Resolution and Application for Funding for Litter Reduction Activities

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 07-2000 be waived, said resolution being introduced and adopted by title only.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

Council Member Borcalli read the title of Resolution No. 07-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

RESOLUTION NO. 07-2000

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEED

IN APPLICATION FOR FUNDING FOR LITTER REDUCTION ACTIVITIES

WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter cleanup activities; and

WHEREAS, the California Department of Conservation’s Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designees under the program; and

WHEREAS, per Section 14581 (a)(4)(E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time in order to request funds from the Department of Conservation’s Division of Recycling.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that City of Weed authorizes the submittal of the Funding Request Form to the Department of Conservation’s Division of Recycling. The City Administrator is herby authorized and empowered to execute in the name of the City of Weed all necessary forms hereto for the purposes of securing payments and to implement and carry out the purposes specified in the Section 14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act and provided information regarding this program to the Division upon request.

UPON ROLL CALL, THE VOTE WAS:

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

E. Records retention: Resolution to adopt guidelines

City Administrator Wilson reported that approximately one year ago, Guidelines prepared by the City Clerk’s Association were submitted for review and recommendation for adoption. Mr. Wilson added that the Police Department has asked for modification of the proposed Guidelines with respect to specific records, and that the City Attorney has reviewed and recommended adoption.

Council Member Tallerico moved, seconded by Council Member Bergfors, that the reading in full of the body of Resolution No. 08-2000 be waived, said resolution being introduced and adopted by title only.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

Council Member Tallerico read the title of Resolution No. 08-2000 and moved adoption, seconded by Council Member Bergfors, said resolution being in the words and figures following:

RESOLUTION NO. 08-2000

A RESOLUTION OF THE CITY COUNCIL

ADOPTING

THE LOCAL GOVERNMENT RECORDS RETENTION GUIDELINES

AS DATED DECEMBER 1998, AND HEREAFTER REVISED

WHEREAS, the City Clerk’s Association of California has established a committee to compile guidelines for the retention of local government records in California; and

WHEREAS, the drafted guidelines are to be issued and maintained by the Secretary of State’s office;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that the Local Government Records Retention Guidelines are adopted as drafted except that the Law Enforcement section, pages 1 – 12, shall be deleted, and the following shall apply:

1. Law Enforcement – All records will be purged at ten (10) year intervals except as follows:

a. Homicide case files, retention period: permanent

b. Inked palm cards, retention period: 20 years

c. 911 tapes, retention period: 180 days

d. General Orders, retention period: permanent

e. Traffic accident – fatal, retention period: permanent

f. Background investigation – hired employee, retention period: permanent

g. Training Bulletins, retention period: permanent

h. Range Lesson Plans, retention period: 15 years

2. This exception shall remain in effect until such time as State and Federal laws supercede at which time, amendments to accommodate the change will be made.

UPON ROLL CALL, THE VOTE WAS:

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

F. Water Policy Committee to review and make recommendations regarding the City’s Rules and Regulations

City Administrator Wilson reported that Staff has reviewed the policy from time to time, and several areas have been found that need updating. Mr. Wilson suggested the establishment of a committee to review and make recommendations for an updated version of the City’s Water System Rules and Regulations.

Council briefly discussed the existing policy, various areas that require updating, and then Mayor Barnett moved to have staff review and recommend changes to the policy, and in the mean time, uphold the policy that is in effect. Council Member Bergfors seconded the motion.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

G. Appointment of Council representative: 1) League of Siskiyou Cities; 2) Community Center Committee

Mayor Barnett reported that the resignation of Council Member Bergfors opens various committee representations. Mr. Wilson added that the Community Center Board requests the Council submit a couple of names and the Board will select the replacement pursuant to its Bylaws.

Mayor Barnett volunteered to be the City’s representative to the League of Siskiyou Cities, and Council Members Borcalli and Obuchon volunteered to appointment on the Community Center’s Board.

Council Member Bergfors moved appointment as discussed, motion seconded by Council Member Borcalli.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

Mayor Barnett moved to recess for a five minute break, motion seconded by Council Member Obuchon.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

Council adjourned at 7:50 p.m., and returned to open general session at 8:00 p.m.

G. Workshop to Review Planning Commission Recommended Zoning Ordinance Text Amendment to Provide for Limited Off-Site Advertising Signs; Proposed zoning ordinance text amendment to permit off-site advertising signs subject to specific conditions – continued from April 13

City administrator Wilson reviewed that the Planning Commission was approached with a request for amendment of the zoning ordinance as it pertains to off-site advertising signs. Mr. Wilson noted that the Planning Commission held a hearing and made recommendations to the Council at which time, a second hearing was held to obtain input. Mr. Wilson stated that Council then referred the matter to a committee that expanded into a workshop of the entire Council. Mr. Wilson added that at the time of the workshop, questions were raised which the City Attorney would be researching and reporting to Council.

City Attorney King reviewed questions he was directed to answer including, can the City limit off-site advertising to a specific distance from the business, can advertising be limited to businesses within the City limits, and limitations placed on property designated as “remainder” under the Subdivision Map Act. City Attorney King discussed each noting that both the former questions could be struck down in court as unconstitutional. City Attorney King added that in the case of attempt to lease or sell land designated as a remainder under the Subdivision Map Act, public improvements are triggered.

City Attorney King advised the Council it can limit the number of signs based on specific findings such as diminishment of the overall attractiveness of the community or unfavorable impact on the view shed, by restricting signs by zoning, and by distance that separates them. City Attorney King noted that the proposed ordinance would require explanatory and/or enabling language before it could be introduced for adoption.

Council discussed the process; possible size and distance restrictions, purpose of what is trying to be accomplished, and the use permit requirements as they may relate to the drafted ordinance amendment.

Jim Henry presented a letter from Daryl Sutterfield, Vice president of Tehama Bank, which stated that sign visibility is critical to the truck stop project, and specified that the appraisal indicated that the location of the project in relation to the freeway was dependent upon approval and change of its sign ordinance by the City of Weed and the Bank would not go forward with the loan if the ordinance is not amended.

Considerable discussion ensued regarding real estate offers that allegedly were dependent upon an ordinance amendment which Mr. Henry thought was under way.

Steve Anderson, owner of Anderson Metal Building Products, reviewed his requests to get the Sign Committee to meet to get something going, and urged the Council to speed up the bureaucratic process.

Council Member Tallerico moved to direct the City Attorney to meet with the Sign Committee and bring an ordinance allowing off-site signs to the Council for action. Council Member Borcalli seconded the motion.

Pat Johnson, a resident of South Weed Boulevard, asked the Council to consider placement of the billboards, and to protect homeowners by prohibiting placement in front of a home or so that it facilitates devaluation of that property.

Mary Mazzoni, a resident of South Weed Boulevard, echoed Mrs. Johnson saying that they bought their home so they can sit on their patio and look at Mt. Shasta and they don’t want to have a 1,000 square foot billboard in the way.

Scott Durbin, a resident of Oregon Street and owner of Weed Chiropractic, asked that in the future Council and Planning Commission will not put off difficult decisions on potentially contentious issues.

There being no further discussion, the vote was:

AYES: Council Members Bergfors, Borcalli, Obuchon, and Tallerico

NOES: Council Member Barnett

ABSENT: None

STAFF REPORTS

Fire Chief Quigley reported the 1923 engine his Department is renovating will not be running for this summer’s parades, but could be put on a flatbed.

City Administrator Wilson volunteered a City entry for the parade if any Council Members are interested in participating.

City Administrator Wilson also stated it has been a pleasure to work with Council Member Bergfors, and thanked him for representing the City in a professional manner.

ADJOURNMENT

Council Member Borcalli moved adjournment, motion seconded by Council Member Obuchon.

AYES: Council Members Barnett, Bergfors, Borcalli, Obuchon, and Tallerico

NOES: None

ABSENT: None

MEETING ADJOURNED SINE DIE AT 9:18 P.M.