WEED
CITY COUNCIL
REGULAR MEETING
AUGUST
24, 2000
The
City Council of the City of Weed held a regular meeting on Thursday, August 24,
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, 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, Fire Chief Darin
Quigley, Public Works Director Craig Sharp, and Assistant City Clerk Karen
Gosting sitting in for 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.
Christy
and Kenny Mallory, Walnut Street, recently purchased Siskiyou County Disposal,
and came before the Council to explain their letter of July 11 submitted to
Earl Wilson. Ms. Mallory requested that
the term of the existing contract remain at three years instead of change to
five years, because they would like to be given the opportunity to bid on the
contract in three years. Council asked
to continue this item later in the agenda under item J.
COUNCIL
MEMBER REPORTS AND COMMENTS
Council Member Obuchon reported he needs to leave the
meeting for job-related training just prior to 7:00 p.m.
Council Member Borcalli asked to have the subject of
a possible sign permit authorization on the next agenda, and also asked to have
the noise issue related to truck jake braking on the next agenda.
Council Member Borcalli recommended amendment of the
order of the published agenda in light of the fact that Council Member Obuchon
needs to leave early. Council Member
Borcalli then moved to place items in the following order: A, B, C, D, J, F, G,
H, I, and then E. Council Member Ramsey
seconded the motion.
AYES: Council Members Barnett, Borcalli,
Obuchon, Ramsey, and Tallerico
NOES: None
ABSENT: None
Council Member Tallerico reported that the City of
Yreka has a summer work program during which youth paint curbs, crosswalks, and
pick up litter, and requested that City staff look into the program and put a
report on the next agenda.
Mayor Barnett reported receipt of question from
concerned Angel Valley area residents about the house to be demolished on Pine
Street that has seen no action since March 23, and also about several abandoned
cars in the neighborhood. Mayor Barnett
asked staff to stay strong on the nuisance abatement, and report back.
Mayor Barnett asked that the upcoming agendas include
a report of the status of the remodel of City Hall because plans have been
stalled in the process for about a year.
REGULAR
AGENDA
A. Jim Gubetta – Water/sewer/garbage Funds: Council will hear report requested on administrative expenses charged against the water and sewer funds for time spent working on the truck park project
City
Administrator Wilson reported there is no record keeping of staff hours spent
on specific projects unless the project is associated with a grant and staff
time is required for a match.
City
Administrator Wilson added there is no direct charge of staff hours to the
enterprise funds, and suggested that Mr. Gubetta may be referring to the
allocation of general government costs, and added that any individual charge is
also almost impossible to calculate.
Jim
Gubetta, Woodridge Court, stated that the Government Code, §§6601 and 6606,
require the City to make findings on how the funds are spent. Mr. Gubetta claimed that a prior administrator
determined the use of a percentage would be appropriate.
Mr.
Gubetta cited administrative charges made to water, sewer and garbage funds and
claimed they are being used to help developers.
Council
questioned whether the auditor has approved the allocation formula. Staff confirmed that formulas were derived
and then reviewed and approved by the auditor.
Mr.
Gubetta maintains that the Federal government does not allow use of more than
10 percent for administrative expense, and the City’s formula is in the 27 – 31
percent bracket.
Mayor
Barnett asked staff to re-confirm the City’s formulas in light of the 10
percent information.
B. Jim Gubetta – Water/sewer Funds: Council will hear report requested regarding
payments of generated taxes to repay the Grand Manor Inn
waivers of water and sewer connection fees
City
Administrator Wilson reported that water and sewer connection fees waived for
Grand Manor Inn, Taco Bell, and Mt. View Chevron total $75,573.20, and that the
fees are repaid to the water and sewer capital funds through sales tax
generated by the businesses. Mr. Wilson
noted that the repayment is made on an annual basis and that the water fund is
fully repaid at this date.
Finance
Director McKinnis stated that an approximate seven-year payoff was projected
and we are approximately on course.
Mayor
Barnett asked for and received verification that the fee waiver program was
instituted for the purpose of providing economic incentives for new business
development.
Jim
Gubetta stated that his concern with this item is that the budget does not
specifically show the budget transfers.
Finance
Director McKinnis stated that the transfers are shown under revenue at the
direction of the auditors.
C. Jim Gubetta – Water/sewer Funds: Council will hear report of repayment of deferred water and sewer connection fees by Holiday Inn Express.
Mayor
Barnett reviewed City Administrator Wilson’s staff report that states that the
Holiday Inn Express has paid the deferred sewer and water connection fees in
the respective amounts of $28,228.30 and $10,067.80 in full on May 30,
2000.
D. Public Works Department -- Trash receptacles, S. Weed area: Council will consider report requested at Council meeting of August 10, 2000
Mayor
Barnett reviewed the staff report that discusses the placement of trash
receptacles, and the posting of littering prohibited signs.
Mayor
Barnett moved to direct staff to sign the area and hold off on the placement of
City-sponsored receptacles until after the truck stop opens and a litter
history can be determined. Council
Member Tallerico seconded the motion.
AYES: Council Members Barnett, Borcalli,
Obuchon, Ramsey, and Tallerico
NOES: None
ABSENT: None
J. Garbage Contract Renewal/Refuse Removal
(garbage and trash): Proposed
scheduling of a public hearing to consider rates and rules for refuse
collection service
City
Administrator Wilson reviewed the recommendations formulated by the
Council-appointed committee that were detailed in his written staff
report. Those included term of
agreement, contract price, elimination of the dumpster replacement program, the
provision of wheeled waste carts for curb side only service, pick up of street
cans, and provision of spring clean up services.
City
Administrator Wilson reviewed the letter from Siskiyou County Disposal Company
previously referred to by Christy Mallory at Public Business from the Floor.
Mayor
Barnett moved to excuse Council Member Obuchon from the remainder of the
meeting due to a work responsibility.
Council Member Tallerico seconded the motion.
AYES: Council Members Barnett, Borcalli,
Obuchon, Ramsey, and Tallerico
NOES: None
ABSENT: None
Council
Member Obuchon left the dais and the meeting at 6:50 p.m.
City
Administrator Wilson reviewed the rate revision proposal and recommended the
Council set a hearing on the rate revisions.
Ken
and Christy Mallory, owners of Siskiyou County Disposal, came before the
Council to request it stay with a three-year contract so they have the
opportunity at that time to bid on the contract.
Council
Member Tallerico expressed concern about extending a contract for landfill use
when the Black Butte Landfill may close within the next three years. City Attorney King cautioned extending the
term of the agreement for unlimited successive terms.
Paul
Clemens stated that the reason for the five-year term request is to cover costs
of the proposed purchase of the new, wheeled carts.
Council
Member Tallerico moved to set a public hearing on the proposed rate increase
for the September 28 meeting, and Council Member Borcalli seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council
agreed that the entire contract should be scheduled for the next agenda, and
City Attorney King asked that a closed session be scheduled in conjunction with
that issue.
F. Signs: Council will consider the second reading and adoption of Ordinance No.353-2000 repealing §18.24. 250 of the Weed Municipal Code and replacing said section as it relates to off-site advertising
Council
Member Borcalli moved, seconded by Council Member Tallerico, that the reading
in full of the body of Ordinance No. 353-2000 be waived, said ordinance being
introduced for second reading and adopted by title only.
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Jim Gubetta, Woodridge Court, expressed concern that the City Council is in violation of an ordinance that states that ordinances commence with the mayor, the council, the city attorney, or the city administrator and not from the planning commission. Mr. Gubetta added that this ordinance change came about because of citizen request, which should have gone through the initiative process.
When asked for an interpretation, City Attorney King did not see a problem stating that ordinances are initiated in concept by many facets of government however it is the City Council that directed this ordinance be written in the form it now takes.
Council Member Tallerico stated that he made a motion that passed to consider an ordinance only for off-site signs, and the City Attorney was directed to draft the ordinance, and that is the one before the Council.
Council Member Borcalli read the title of Ordinance No. 353-2000 and moved adoption, seconded by Council Member Tallerico, 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, Ramsey,
and Tallerico
NOES: Council Member Barnett
ABSENT: Council
Member Obuchon
G. CDBG Planning
and Technical Assistance Program:
Consideration of A Resolution Of The City Council Approving An
Application For Funding And The Execution Of A Grant Agreement From The
Planning/Technical Assistance Allocation Of The State CDBG Program For Street
Project Study Reports
City
Administrator Wilson reviewed the Council’s prior direction to the staff to
prepare an application to the Community Development Block Grant program for
planning and technical assistance funds.
Mr. Wilson noted that application is for monies to develop project study
reports for future street improvements, and that Omni Means has submitted
proposed budgets for the preparation of the reports for Vista Drive, South Weed
Boulevard, Siskiyou Way and Alamo Avenue.
Council
Member Tallerico moved, seconded by Council Member Ramsey, that the reading in
full of the body of Resolution No. 17-2000 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 Tallerico read the title of Resolution No. 17-2000 and moved adoption,
seconded by Council Member Borcalli, said resolution being in the words and
figures following:
RESOLUTION NO. 17-2000
A
RESOLUTION OF THE CITY COUNCIL
APPROVING
AN APPLICATION FOR FUNDING AND
THE
EXECUTION OF A GRANT AGREEMENT FROM THE
2000/2001
PLANNING/TECHNICAL ASSISTANCE ALLOCATIONS
OF THE STATE CDBG PROGRAM FOR
STREET PROJECT STUDY REPORTS
BE IT RESOLVED by the City Council of the City of
Weed as follows:
Section
1
The City Council has reviewed and hereby approves a
State CDBG Planning/Technical Assistance application for project study reports
for streets as follows:
1. project study reports (3) $33,250.00
2. CDBG P/TA
administration $ 1,750.00
Total $35,000.00
Section
2
The City Council has reviewed the citizen
participation plan for compliance with Federal statute and has determined that
this plan was followed for the development of this application.
Section
3
The City Council hereby approves $5,600.00 to be used
as the City's cash match for this project.
Section
4
The City Administrator or the City Finance Director
is hereby authorized and directed to act on the City's behalf in all matters
pertaining to this application and its administration. If the application is approved, the City
Mayor is authorized to enter into and sign the grant agreement and any
subsequent amendments with the State of California for the purpose of this
grant.
UPON
ROLL CALL, THE VOTE WAS:
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
H. Public Works Department: Consideration of purchase of used street sweeper
City
Administrator Wilson reported that staff has located a used street sweeper that
is available for purchase to replace the City’s 1986 FMC which has a blown
engine. Mr. Wilson noted that a new
engine would cost $7,000, and the used 1986 FMC through the City of Yreka can
be purchased for $3,500.
Council
Member Borcalli moved to approve the purchase from City of Yreka as
recommended. Council Member Ramsey
seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
I. Police Department: Council will consider request for approval of use of Asset Seizure Funds for purchase of Task Force vehicle
Police
Chief Nicholas reported the City’s share of monies seized during local
narcotics investigations could be accessed for use in the narcotics enforcement
program. Chief Nicholas noted that
$14,000 is available to the City of Weed, and the revenue was not included in
the budget for 2000/2001. Chief Nicholas
added that a 1996 Ford Bronco has been located at Jim Wilson Motors in Yreka,
and recommended approval of appropriation of the funding to purchase the
vehicle for the City’s officer assigned to the County Narcotics Task
Force.
Council
Member Ramsey moved, seconded by Council Member Tallerico, to add the revenue
estimate of $14,000 to the current budget, and authorize the purchase of the
Ford Bronco in the amount of $13,000 as recommended.
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council
Member Borcalli moved a ten-minute recess, and Council Member Tallerico
seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
Council
adjourned and returned to open general session.
E. Community Action Plan update facilitated by Brian Hoffman, Siskiyou County Economic Development Council
City
Administrator Wilson reviewed that the purpose of the update is to provide the
Siskiyou Regional Development Agency with a current document, and introduced
Brian Hoffman from the Siskiyou County Economic Development Council to
facilitate the process.
Council
reviewed the Vision Statement and agreed it is current, and then moved on to
the strengths, weaknesses, opportunities and threats, also known as the SWOT
analysis.
After
a round table type discussion, Council and interested citizens selected
priorities for the work plan projects, and Mr. Hoffman agreed to compile the
result for presentation to the Council at the next meeting.
STAFF
REPORTS
Police
Chief Nicholas reported he would be ordering the patrol cars that were approved
in the current budget. City
Administrator Wilson noted that the purchase would be under a lease purchase
agreement that will be brought to Council before finalization.
Council
asked about the placement of the Cougar, and Public Works Director Sharp
reported that the site has been selected but requires a concrete slab and it
will be poured with the slab for the new bus shelter.
City Administrator Wilson reported he is writing a letter on the City’s behalf to the United States Air Force to request its band for the Carnevale/Centennial celebrations.
ADJOURNMENT
Council
Member Tallerico moved adjournment, seconded by Council Member Borcalli.
AYES: Council Members Barnett, Borcalli,
Ramsey, and Tallerico
NOES: None
ABSENT: Council Member Obuchon
MEETING
ADJOURNED SINE DIE.
Mayor
ATTEST:
City
Clerk