WEED CITY COUNCIL

                                                 REGULAR MEETING

                                                    JULY 27, 2000

 

 

The City Council of the City of Weed held a regular special meeting on Thursday, July 27, 2000, at 6:00 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 Amelia “Mel” Borcalli, Brian Ramsey, and Vince Tallerico.  Also present were City Administrator Earl Wilson, City Attorney Allen King, Finance Director M. Kelly McKinnis, Police Chief Martin Nicholas, Public Works Director Craig Sharp, and City Clerk Deborah Salvestrin. 

 

Council Member Tallerico moved to excuse the absence of Council Member Joel Obuchon.  Council Member Ramsey seconded the motion.

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

NOES:              None

ABSENT:         Council Member Obuchon

 

                                              ANNOUNCEMENTS, RECOGNITIONS

 

A.  Weed Parks and Recreation District:  Consideration of a Resolution Of The City Council Of The City Of Weed Recognizing The Weed Park And Recreation District On The Occasion Of Its 50th Anniversary

 

Mayor Barnett read Resolution No. 13-2000 in full, and moved adoption, motion seconded by Council Member Tallerico, said resolution being in the words and figures following:

 

RESOLUTION NO. 13-2000

 

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF WEED

RECOGNIZING THE

WEED PARK AND RECREATION DISTRICT

ON THE OCCASION OF ITS 50TH ANNIVERSARY

 

WHEREAS, the Weed Park and Recreation District was established on November 21, 1950; and

WHEREAS, the District has and continues to play an important role offering park and recreational opportunities to Weed’s citizens; and

WHEREAS, the activities provided have allowed participants to stay active in pleasurable ways; and

WHEREAS, the District’s steady progress is a result of its many accomplishments by the diligent efforts of the board members and staff;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that the Weed Park and Recreation District is recognized for its efforts to promote and provide park and recreational activities; and

FURTHER, BE IT RESOLVED that the District is hereby congratulated on its 50th anniversary and wished continued success.

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

B.  Personnel:  Consideration of A Resolution Of The City Council Honoring Nancy J. Mazzier On The Occasion Of Her Retirement

 

Mayor Barnett read Resolution No. 14-2000 in full and then moved adoption, motion seconded by Council Member Borcalli, said resolution being in the words and figures following:

 

RESOLUTION NO. 14-2000

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEED

                                                                    HONORING

NANCY J. “NAN” MAZZIER ON THE OCCASION OF HER RETIREMENT

 

WHEREAS, Nancy J. Mazzier, known to friends, family, and coworkers as “Nan”, has been an accounts receivable clerk of the City of Weed since October 14, 1996; and

WHEREAS, Nancy J. “Nan” Mazzier has announced her retirement effective July 31, 2000; and

WHEREAS, Nancy J. “Nan” Mazzier through her employment with the City has modernized many aspects of accounts receivable including the Community Development Block Grant loan programs and the City’s utility receivables; and

WHEREAS, Nancy J. “Nan” Mazzier besides her City employment was previously Weed City Treasurer for nine years and has provided betterment of the community through business and property ownership.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weed that Nancy J. “Nan” Mazzier is hereby recognized for her five years of service to the City and past years of community service.

BE IT FURTHER RESOLVED that success and happiness are wished for Nancy J. “Nan” Mazzier as she undertakes a new phase of her life

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

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 for the next regular Council meeting. 

 

Jim Gubetta questioned the method of requesting deferral of the payment of sewer connection fees after the issuance of the building permit.  Mr. Gubetta contends that the agreement should have been prepared prior to the time the building permit was issued. 

 

Jim Gubetta, residing on Woodridge Court, asked that the Council place a report on the next agenda concerning the expenditure of sewer capital funds as matching monies for development of the truck stop project. 

 

Joyce Oliver, residing on Old Edgewood Weed Road and representing the Chamber of Commerce read a letter from the Chamber of Commerce’s Board of Directors regarding sign ordinance restrictions.  Ms. Oliver’s letter requested the opportunity of the Chamber to work with the City to develop an ordinance that is suited to Weed’s problems and needs.  The City Council responded that a workshop would be scheduled on the ordinance once it is presented to Council. 

 

Marti Spiegel read a letter responded to a July 12 article in the Weed Press regarding billboards and the Federal Shasta Volcanic Scenic Byway Interpretive Plan.  Ms. Spiegel’s letter also questioned a conflict of interest that Candace Dillingham may have as a Forest Service employee and a Planning Commissioner. 

 

Michael Feil, owner and resident of the Friendly RV Park, expressed concern about the trash and litter around the South Weed area.  Mr. Feil suggested the installation of public bathrooms if trucks are going to be able to park for extended periods of time. 

 

Council Members asked to have the report of use of sewer funds, Planning Commission conflict of interest, and South Weed area trash and litter placed on the next agenda. 

 

COUNCIL MEMBER REPORTS AND COMMENTS

 

Council Member Tallerico reported attendance at the Siskiyou County Regency Solid Waste Agency meeting and noted that the Black Butte Landfill will be closed in the next one to two years.  Council Member Tallerico indicated this is of note in that costs for garbage removal will increase. 

 

Council Member Borcalli reported attendance at a League of California Cities’ Sacramento Valley Division meeting held in Mt. Shasta.  Council Member Borcalli noted that all cities were asked to pass a resolution against Senate Bill 409 regarding binding arbitration. 

 

Council Member Borcalli also reviewed the status of the Adopt-a-Street Program, and noted that the City received word of receipt of a litter reduction grant award in the amount of $5,000. 

 

PUBLIC HEARING(S)

 

A.  California Department of Housing and Community Development’s Planning and Technical Assistance (PTA) grant in an amount not to exceed $35,000

 

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 6:32p.m.

 

Paul Wagner, Executive Director of Great Northern Corporation, reviewed the City’s history with regard to application and funding of previous projects, and reminded the Council that the project selected for application must be eligible activities such as study of the water system, or study of road improvements both of which will target lower income households.  Mr. Wagner also reviewed the sums available and the restrictions for planned use. 

 

Mayor Barnett asked for comments and/or questions in support of the application for the funding. 

 

Jim Gubetta, a resident of Woodridge Court, stated that all of South Weed is on a six-inch sewer line and suggested the funds be used to study upgrade of the system to an eight-inch line that will handle future improvements. 

 

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

 

Council Member Tallerico moved, motion seconded by Council Member Borcalli, to move ahead with application for Planning and Technical Assistance funding. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

Mayor Barnett declared the hearing closed at 6:39 p.m.

 

                                                REGULAR AGENDA

 

A.  Request for deferral submitted by James Henry:  Council will consider request to defer building and development fees for up to seven years

 

City Administrator Wilson reported receipt of request submitted by Jim Henry to defer the payment of building and development fees for his project.  Mr. Wilson noted that the City’s Municipal Code provides for consideration of deferral of sewer connection fees for specific new businesses. 

 

City Administrator Wilson stated that with regard to Mr. Gubetta’s question at Public Business from the Floor, there is provision in the Code that no connection is made prior to either payment of fees or agreement for deferral.  Mr. Wilson noted that although the building permit has been issued, no connections to the sewer system have yet been made. 

 

City Administrator Wilson reviewed that a traffic impact fee is required as part of the Mitigation Monitoring Program but may be paid over time upon a formal agreement. 

 

Council questioned and discussed the ordinance conditions for deferral, the purpose of collection of connection fees for future upgrades, and the advantage and/or disadvantage to the City to defer the fees.  

 

After continued discussion about the difference in capital construction funds and operating funds, Council Member Tallerico moved, seconded by Council Member Ramsey, approval to enter into deferral agreement as the Code provides. 

AYES:              Council Members Borcalli, Ramsey, and Tallerico

NOES:              Council Member Barnett

ABSENT:         Council Member Obuchon

 

B.  Noise:  Consideration of Noise Easement granted to James B. Henry and Denise M. Henry for the South Weed Truck and Travel Center

 

City Administrator Wilson reported that another provision of the aforementioned Mitigation Monitoring Program for the truck stop project was construction of a noise barrier or the purchase of a noise easement from the owner of the adjacent single-family property. 

 

City Administrator Wilson reported receipt of a Noise Easement that has been signed by the property owner, and approved by the City’s Attorney. 

 

Council Member Borcalli moved, seconded by Council Member Tallerico, approval of the Noise Easement granted by Charles and Mary Jane Freelan to James and Denise Henry. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

C.  Noise:  Consideration of report from City Attorney regarding ordinance to regulate noise generated by truck “retarder” (or air compression) devices

 

City Attorney King recalled that he previously submitted a draft of an ordinance to CalTrans for review and the response from CalTrans was that when highways are under the exclusive control of the state transportation authority, local municipalities do not have authority to enact legislation that impacts traffic without the permission of the department of transportation. 

 

City Attorney King suggested that the Council could formally ask to enact the legislation, or make the statement that the ordinance is an attempt to restrict noise and not impact traffic. 

 

Jim Gubetta cited three truck accidents before the perfection of the exhaust brake also known as a “jake” brake.  Mr. Gubetta pointed out that the system is a federally approved safety device, and that modification of the system is illegal by statute. 

 

Mayor Barnett moved, seconded by Council Member Borcalli, to direct the City Attorney to make a formal request of CalTrans to enact the proposed legislation. 

AYES:              Council Members Barnett, Borcalli, and Ramsey 

NOES:              Council Member Tallerico

ABSENT:         Council Member Obuchon

 

D.  Sign Committee:  Consideration of update report or recommendation

 

City Attorney King reported the Committee has recommended a draft ordinance to the Council, and suggested the Council schedule a workshop on the ordinance.  City Attorney King cautioned the Council on discussing the ordinance with other Council Members, except in a public meeting, because two members have participated on the Committee. 

 

Council agreed to meet on Tuesday, August 01, 2000 at 5:15 p.m.

 

E.  Council meetings:  Consideration of request to tape and subsequently transmit meetings

 

Mayor Barnett reviewed George Cavnar’s request to broadcast a tape of a Council meeting, and noted that the system doesn’t provide option to remotely play the tape, but would require an on-site operator. 

 

City Administrator Wilson suggested the tape could be placed on deposit at the local library for a certain period of time for a loan. 

 

Council Member Borcalli moved to video the Council meetings and make the tape available at the local library.  Council Member Tallerico seconded the motion. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

F.  Parking:  Discussion of recreational vehicle overnight parking

 

City Administrator Wilson reported receipt of request from a local recreational vehicle park about enforcement of existing ordinance related to the overnight parking of recreational vehicles on public streets. 

 

City Administrator Wilson explained that the ordinance refers to mobile homes, and the intent at the time of adoption was to prevent recreational vehicles on private properties from being used as residential units. 

 

Michael Feil, owner and operator of Friendly RV Park, came before the Council to ask for help from the City to have recreational vehicles in approved parks noting that in turn the City’s General Fund benefits from Transient Occupancy Taxes collected. 

 

Police Chief Nicholas and stated that the ordinance, written in 1969, leaves a lot of questions.  City Attorney King agreed the ordinance leaves loopholes and should be re-written. 

 

Council questioned parking restrictions on streets, and Chief Nicholas noted that some areas, such as the south Weed area, do not have parking time restrictions and the State law of 72 hours would prevail. 

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that City Administrator Wilson, Chief Nicholas, and City Attorney King work to draft an ordinance amendment to restrict recreational vehicle parking on city streets. 

 

Discussion continued concerning public v. private properties and residential v. commercially zoned properties.  Chris Phillips, owner of Trailer Lane RV Park, suggested that possibly only signing “No overnight parking in RV’s” would help solve the problem.   Charles Freelan, a resident of Black Butte Drive, stated that he has come home late in the evening twice in the last four months to find recreational vehicles parking across his driveway. 

 

There being no further discussion, the vote was: 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

G.  Local Transportation Funding:  Resolution of the City Council Authorizing 2000/2001 Claim Against the Local Transportation Fund

 

City Administrator Wilson reported that the City is required to annually make claim to the Local Transportation Commission for its share of the monies that are collected for street funding.  Mr. Wilson stated that the fund is comprised of 1/4 of 1 percent of the sales tax that comes into the County, and total due the City this year is $60,745.  Mr. Wilson noted that the City’s share for streets and roads is $32,070, and the balance of $28,675 goes as a subsidy to the local transportation system. 

 

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 15-2000 be waived, said resolution being introduced and adopted by title only.

Ayes:               Council Members Barnett, Borcalli, Ramsey, and Tallerico

Noes:              None

Absent:           Council Member Obuchon

Council Member Borcalli read the title of Resolution No. 15-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

 

RESOLUTION NO.15-2000

 

                                A RESOLUTION OF THE CITY COUNCIL AUTHORIZING

                     2000/2001 CLAIM AGAINST THE LOCAL TRANSPORTATION FUND

 

BE IT RESOLVED by the City Council of the City of Weed that a claim against the Local Transportation Fund in the amount of $60,745 (sixty thousand seven hundred forty five dollars) for improvements to streets, roads, and public transit, as shown in the Transportation claim attached hereto and made a part hereof, be submitted to the Local Transportation Commission for approval of payment.

            UPON ROLL CALL, THE VOTE WAS:

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

NOES:              None

ABSENT:         Council Member Obuchon

 

H.  Police Department:  Consideration of Agreement with Siskiyou County Sheriff’s Department to Provide Firearms Training

 

Mayor Barnett briefly reviewed the proposal to enter into agreement with Siskiyou County for firearms training for Weed’s officers at a cost of $269.50 per officer per year. 

 

Council Member Borcalli moved, seconded by Council Member Ramsey, approval for the City to enter into agreement with Siskiyou County for firearms training as proposed. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

I.  League of California Cities’ Annual Conference:  City Council will consider appointment of voting delegate

 

Council briefly discussed the League of California Cities’ annual conference dates and agreed to continue discussion to the next regular meeting when Council Member Obuchon can be present. 

 

J.  Basemapping Project:  Consideration of acceptance of final product produced with Community Development Block Grant program Planning and Technical Assistance Funds

 

City Administrator Wilson reported the contract requirements for the Base Mapping Project has been completed.  Mr. Wilson noted the mapping is now in digital form and shows the City’s boundaries, public facilities, streets, property lines, zoning, and topography.  Mr. Wilson reviewed that ENPLAN completed the contract work financed with Community Development Block Grant Planning and Technical Assistance monies. 

 

Council Member Tallerico moved, seconded by Council Member Borcalli, to accept the Basemapping Project product presented by ENPLAN. 

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

NOES:              None

ABSENT:         Council Member Obuchon

 

STAFF REPORTS

 

Council asked for a status report on the proposal procedure for the City Hall exterior rehabilitation.  Public Works Director Sharp responded that Building Inspector Smith is on vacation and will return next week.  Mayor Barnett asked that staff look into the work done on the former Mt. Shasta Printing building in Mt. Shasta noting that the rehabilitation work there would look great on this building. 

 

ADJOURNMENT

 

Council Member Tallerico moved, seconded by Council Member Borcalli, to adjourn.

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

NOES:              None

ABSENT:         Council Member Obuchon

MEETING ADJOURNED SINE DIE AT 7:49 P.M.