WEED CITY COUNCIL

REGULAR MEETING

AUGUST 10, 2000

The City Council of the City of Weed held a regular meeting on Thursday, August 10, 2000, at 9:00 a.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, Joel Obuchon, 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.

ANNOUNCEMENTS, RECOGNITIONS

A. Retirement: K-9 officer, Samson – Presentation in honor of service

Police Chief Nicholas reported that K-9 Officer Samson was officially retired in early August after eight years of service. Chief Nicholas displayed a plaque composed of photos, Samson’s badge, and other memorabilia commemorating Samson’s service. Chief Nicholas noted the plaque is being presented in appreciation to Samson’s handler, Officer Gene Toms, and will be displayed in the Police Department.

Officer Toms, accompanied by Samson, thanked the Council for its support of the program, and explained that Samson set a very good example of high standards for the continuing K-9 program.

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 will be taken by the Council except to set the matter presented for the next regular Council meeting.

Jim Gubetta, 202 Woodridge Court, requested information regarding staff time or administrative expenses charged directly to the truck park, the repayments of generated taxes from Grand Manor Inn to repay the waivers of water and sewer connection fees, and the repayment of deferred water and sewer connection fees by Holiday Inn Express.

Jim Gubetta also asked the Council to consider conflicts of interest with regard to Planning Commissioners and City Council members in relation to the sign ordinance, and asked the Council to set aside the sign ordinance to ask for opinion of the Fair Political Practices Commission.

Council directed that the items related to water and sewer connections be placed on the next agenda, and that the conflict of interest issue can be brought up when the sign ordinance is considered.

COUNCIL MEMBER REPORTS AND COMMENTS

Council Member Borcalli gave a status report on the Adopt a Street Program.

Mayor Barnett announced that the labyrinth at the Memorial Sculpture Garden was completed last week and urged visitation. Mayor Barnett noted the labyrinth was constructed by volunteers from the Kiwanis Club and others, and with the help of a grant from the McConnell Foundation.

REGULAR AGENDA

A. Signs --Off-site: Consideration of an ordinance amending existing regulations for signs not pertinent to the use of the land

City Attorney King asked for clarification about what is alleged with regard to conflicts of interest, and Mayor Barnett responded that three Planning Commissioners own property that is commercially zoned within the area where signs could be permitted. Discussion ensued and it was determined that the commercial zoning for the off-site sign locations is no longer being considered. City Attorney King noted that potential Planning Commission conflicts are no longer an issue because it is the City Council voting on the ordinance. Mr. King added that only Council members could determine their individual situation with regard to conflicts.

Mayor Barnett asked Council Members to declare any potential conflicts they would like the Attorney to address. There were none.

City Attorney King stated that if any Council Members are receiving income from people who will directly benefit from the signs, the potential for conflict must be examined.

Jim Gubetta stated that at a conference attended while he was a Council member, he learned that perceptions of conflicts should also be declared.

There being no further discussion, City Attorney King reviewed the preparation of the ordinance to regulate off-site advertising signs. Council members discussed the lack of lighting regulations, and agreed the specifics of lighting can be dealt with during the use permit process. Council briefly reviewed the specifications for off-site advertising signs, and discussed various provisions.

Council Member Tallerico moved, seconded by Council Member Borcalli, that the reading in full of the body of Ordinance No. 353-2000 be waived, said ordinance being introduced for first reading by title only.

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

NOES: None

ABSENT: None

Council Member Tallerico read the title of Ordinance No. 353-2000 and moved introduction for first reading, motion seconded by Council Member Borcalli, said ordinance being in the words and figures following:

ORDINANCE NO 353-2000

AN ORDINANCE OF THE CITY OF WEED

REPEALING SECTION 18.24.250 OF THE WEED MUNICIPAL CODE

AND REPLACING SAID SECTION AS IT RELATES TO OFF-SITE ADVERTISING

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

Section 1. Section 18.24.250, Signs not pertinent to land use, is hereby repealed.

Section 2. Section 18.24.250, Signs not pertinent to land use, is hereby added to the Weed Municipal Code to read as follows:

“18.24.250 Signs not pertinent to land use. Outdoor advertising structures or signs not pertinent to the land upon which it/they is/are located are permitted only by use permit and only under the following conditions:

A Exclusively in industrial or limited industrial zoning districts along the Interstate 5 and Highway 97 corridors.

B A maximum of one sign every 1000 feet, with advertising area thereon permitted to face both directions of traffic.

C Each sign or structure shall:

1. Have a maximum of 1000 square feet of advertising area per side in locations south of Vista Drive, and a maximum of 750 square feet of advertising area in locations north of Vista Drive.

2. Not exceed 45 feet in height above the closest paved edge of the adjacent Interstate 5 or Highway 97 roadbed.

3. Not exceed a total of 100 feet in height.

D Each such sign shall have no portion thereof further than 625 feet from the centerline of the adjacent highway.

E Each such sign shall have no portion thereof further than 1000 feet from the property line of an existing commercial enterprise.

F Applicant shall have acquired all permits required by agencies of the State of California and/or County of Siskiyou prior to making application to the city for a building permit.

G All applications for the erection of a sign not pertinent to land use shall require a public hearing before the planning commission in accordance with the generally accepted public hearing process contained within the California Government Code, including, but not limited to publication in a manner similar to the publication of meetings of the city council, and written notification to each property owner within 300 feet of the property upon which said sign is contemplated.

H The position of signs back to back so as to form a “V”, or wedge, is prohibited. Back to back signs enabling advertising to face opposite directions is permitted only if the two components of such back to back signs are no greater than five feet apart and are contained on one structure.

I The location of each sign shall be in compliance with building, electrical, and fire prevention codes of the city as they now exist or may hereafter be amended, or may thereafter exist.

J Every sign and all parts, portions, units, and material comprising the same, together with the frame, background, supports or anchorage therefore, shall be engineered, manufactured, fabricated, assembled, constructed and erected in compliance with Title 16, and §14.24.230 C.3.c. of this Code as it now exists or may hereafter be amend, or may thereafter exist. Failure to maintain shall cause the sign to be abated per the Nuisance Abatement Procedure contained in this Code.

K Every sign and all parts, portions, units, and material comprising the same, together with the frame, background, supports or anchorage therefore, shall be maintained in proper repair and state of preservation. The display surface of all signs shall be kept neatly painted and/or posted. Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within ten days or the sign shall be subject to removal by the city at owner’s expense.

L Every sign erected, altered or relocated shall have recorded thereon in a conspicuous place in order to be readily visible, the date of erection, the date of alteration, the permit number and the voltage of any electrical apparatus or equipment within. Every sign with electric components shall have posted the Underwriter’s Laboratory approval stamp in a conspicuous place.“

Section 3. This ordinance shall take effect and be in force thirty (30) days after its passage.

Section 4. This ordinance shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, within fifteen (15) days after its passage.

Upon roll call, the vote was:

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

NOES: Council Member Barnett

ABSENT: None

B. Jim Gubetta: Consideration of report of expenditure of sewer capital funds as matching monies for development of the truck stop project.

City Administrator Wilson reviewed that at the last meeting Jim Gubetta requested information regarding the amount of sewer capital funds used for the South Weed Truck and Travel Center. Mr. Wilson reported that the City was required to provide a match to the Federal funds used for construction of Vista Drive, and the in-kind match was the value of the land donated to the City for the location of the Vista Drive extension. Mr. Wilson noted that the land was appraised and the report was submitted with the Federal grant application and was approved as the match.

Council acknowledged receipt of the report, and no other action was taken.

C. Michael Feil: Consideration of complaint about trash and litter -- South Weed area

Michael Feil came before the Council and asked to have the City provide trash receptacles.

Mayor Barnett questioned whether the Chamber of Commerce requested Transient Occupancy Tax funding specifically for trash receptacles.

Discussion ensued concerning the possibility of the garbage franchise agreement including provision for the emptying of the trash receptacles, the use of City provided dump bins, the requirement for fast food franchisers to police litter in the area, fines for littering, and sign posting litter violations.

Jim Loving, owner of McDonald’s restaurant, stated that he tries to get out every couple of weeks to pick up litter.

Council directed staff to review the Chamber’s request for funds for trash receptacles, and report back at the next meeting.

D. Marti Spiegel: Consideration of allegation of conflict of interest as it may relate to Planning Commissioner Dillingham

Mayor Barnett reviewed that Marti Spiegel claimed that Planning Commissioner Dillingham might have a conflict of interest with regard to her employment, her work on the Sign Committee, and the Scenic Highways designations. Mayor Barnett added that staff researched the allegation and the Political Reform Act’s definition of conflict of interest, and finds that Ms. Spiegel’s allegation is not supported.

Steve Anderson, a resident of Mt. Shasta, appeared before the Council to represent Ms. Spiegel’s claim. Mr. Anderson noted that Ms. Spiegel is out of the State. Mr. Anderson then read a letter expressing concern about Forest Service proposals related to scenic highway designations and Planning Commissioner Dillingham’s participation regarding off-site advertising signs. Mr. Anderson indicated Ms. Dillingham’s employment with the Forest Service creates a conflict of interest.

The Council agreed that based on information presented, Ms. Spiegel’s and Mr. Anderson’s allegation of conflict of interest does not appear to be supported at this time.

E. Mt. Shasta Botanical Gardens: Consideration of request to explore the use of the “Newton Wetlands” as a botanical garden

Mayor Barnett reviewed that the botanical garden group has approached the City as to the use of the wetlands donated by the Newtons for the development of the Botanical Gardens.

City Administrator Wilson noted that it is unknown whether the wetlands can be used for this purpose but if the Council directs, the staff can explore the idea.

Council Member Borcalli moved, seconded by Council Member Ramsey, to authorize staff to look into using the wetlands for the purpose of botanical gardens.

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

NOES: None

ABSENT: None

City Administrator Wilson recommended the order of the agenda be amended to postpone consideration of item G to later in the meeting to accommodate individuals in the audience.

Council Member Borcalli moved, seconded by Council Member Obuchon, to amend the order of the agenda as requested.

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

NOES: None

ABSENT: None

H. Shastina Drive: State Transportation Improvement Program’s construction project – Council will consider approval to go to bid

Bob Hammar, project engineer, came before the Council to review the project. Mr. Hammar noted the plans and specifications are basically complete and will require review and approval by CalTrans before construction funding can be requested, and the Council must approve going to bid.

Mr. Hammar noted the project consists of reconstruction of Shastina Drive from Vista Drive to S. Weed Boulevard to include sidewalks on the east side, and curb and gutter on the west side, along with other drainage improvements

Mr. Hammar briefly reviewed the State Transportation Improvement Program (STIP) funding and time scheduling.

Council Member Tallerico moved, seconded by Council Member Obuchon, to approve the plans and specifications and authorize the commencement of the bid process.

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

NOES: None

ABSENT: None

I. Community Action Plan: Consideration of update

Mayor Barnett reviewed the development of the City’s Community Action Plan in 1994/95, and reported that the Siskiyou Regional Development Association is recommending the Plan be updated.

Brian Hoffman, representing the Siskiyou County Economic Development Council, explained the process for the Plan update, and offered to facilitate the project with the Council.

Council agreed to set the matter for the next agenda scheduled for August 24, 2000.

City Administrator Wilson asked the Council to consider amendment of the order of the agenda to move item L up because Mr. Hoffman may be able to provide input with regard to the item.

Council Member Borcalli moved, seconded by Council Member Tallerico, to amend the order of the agenda as requested.

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

NOES: None

ABSENT: None

L. Recycling Enterprise Zone: Consideration of a Resolution of the City Council of the City of Weed to expand the recycling enterprise zone

Brian Hoffman explained the Recycling Market Development Zone (RMDZ) that now includes the major cities on the Interstate 5 corridor in Siskiyou County and the proposal is to expand the zone to include the entire County however all the existing, and all the proposed partners, must agree to the expansion. Mr. Hoffman went on to explain that the recycling market provides for extraction of materials from the waste stream to create new products, and the creation of a development zone makes financing available to people who want to take advantage of this type of opportunity.

Council Member Borcalli moved, seconded by Council Member Tallerico, that the reading in full of the body of Resolution No. 16-2000 be waived, said resolution being introduced and adopted by title only.

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

NOES: None

ABSENT: None

Council Member Borcalli read the title of Resolution No. 16-2000 and moved adoption, seconded by Council Member Tallerico, said resolution being in the words and figures following:

RESOLUTION NO. 16-2000

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF WEED

APPROVING AND SUPPORTING THE EXPANSION

OF THE RECYCLING MARKET DEVELOPMENT ZONE

WHEREAS, the California Public Resources Code provides for the establishment of a Recycling Market Development Zone Program (RMDZ) throughout the State which provides incentives to stimulate development of secondary materials; and

WHEREAS, the cities and counties must meet mandated reductions in landfill wastes as mandated in the California Integrated Waste Management Act; and

WHEREAS, the re-designation of the Siskiyou RMDZ which already includes Mt. Shasta, Montague, the County of Siskiyou, Dunsmuir, and Yreka to include the entire County of Siskiyou and her incorporated cities and unincorporated communities dedicated to the expansion of secondary materials business enterprises is essential for market development and to assist in meeting the landfill reduction goals; and

WHEREAS, the existence of transportation corridors and other conditions favor the expansion of the RMDZ; and

WHEREAS, the Siskiyou RMDZ has agreed to submit an application for re-designation of the RMDZ to the California Integrated Waste Management Board to include all of Siskiyou County including all of the incorporated Cities and unincorporated communities.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Weed as follows:

Section 1. The City of Weed approves the submittal of a Recycling Market Development Zone re-designation application to include all of Siskiyou County including all of the incorporated Cities and unincorporated communities.

Section 2. The City of Weed supports the Siskiyou County Economic Development Council to coordinate, process, and execute all contracts, agreements, amendments and ancillary documents within the scope of the proposed zone application and designates the County of Siskiyou to serve as lead agency for purposes of responding to the mandates of the California Environmental Quality Act.

Upon roll call, the vote was:

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

NOES: None

ABSENT: None

G. Binding Arbitration: Council will consider letter regarding Senate Bill 402

Mayor Barnett summarized the proposed bill, and then Council Member Borcalli moved, seconded by Council Member Tallerico, to authorize the Mayor to send a letter to the City’s state legislators opposing the bill in its present form.

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

NOES: None

ABSENT: None

J. College of the Siskiyous: Consideration of Agreement with Public Entity for services -- Fire Chief Darin Quigley’s coordination of the Fire/Emergency Response Technology Program (August 22, 2000 – May 25, 2001)

City Administrator Wilson reported receipt of the annual agreement between the City and the College of the Siskiyous for the Fire Chief to provide coordinating services for the Fire/Emergency Response Technology Program.

Council Member Obuchon moved, seconded by Council Member Ramsey, approval of the agreement between the City and the College of the Siskiyous.

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

NOES: None

ABSENT: None

K. League of California Cities’ Annual Conference: Consideration of appointment of voting delegate

Council Member Ramsey volunteered to attend the League Conference, and then Council Member Obuchon moved, seconded by Council Member Borcalli, that Council Member Brian Ramsey is appointed as the City’s voting delegate.

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

NOES: None

ABSENT: None

CONSENT AGENDA

Mayor Barnett stated that all items listed under the consent agenda are considered to be routine and 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 Barnett asked if there are items to be removed from the consent agenda. There were none.

Council Member Obuchon moved, seconded by Council Member Borcalli, to approve the consent agenda as published to include the approval of minutes of July 13, 27, and August 1, 2000, the payment of Claims #27097 – 27100, #27117 – 27121, #27123 – 27144, and #27160 – 27215 in the amount of $128,540.17, and the Financial Status Report for Month Ending July, 2000

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

NOES: None

ABSENT: None

ITEMS REMOVED FROM THE CONSENT AGENDA

Council Member Borcalli declared an economic conflict of interest, and stepped from the dais. Council Member Obuchon moved, seconded by Council Member Ramsey, to approve the payment of claim #27122 to D & R Hardware in the amount of $560.16

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

NOES: None

ABSENT: Council Member Borcalli

Council Member Borcalli returned to the dais.

ADJOURNMENT

A. Closed Session pursuant to Government Code §54956.9 c, facts and circumstances that have caused the City Council to decide to initiate litigation, or to consider whether to initiate it. (2 cases)

Council Member Obuchon moved, seconded by Council Member Borcalli, to adjourn to closed session after a ten-minute recess.

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

NOES: None

ABSENT: None

Council adjourned at 10:40 a.m., and returned to open general session at 10:58 a.m.

City Attorney King reported that the City Council met in closed session to discuss two cases and that direction was given to the Public Works Director in one matter, and no action was taken in the other matter.

B. Sine Die

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

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

NOES: None

ABSENT: None

MEETING ADJOURNED SINE DIE AT 10:59 P.M.

Mayor

ATTEST:

City Clerk