WEED CITY COUNCIL
REGULAR MEETING
The City Council of the
City of Weed held a regular meeting on Thursday, May 24, 2001, at 6:00 p.m. in
the Council Chambers at City Hall.
Mayor Amelia “Mel” Borcalli
called the meeting to order and led recitation of the Pledge of
Allegiance. Present, in addition to
Mayor Borcalli, were Council Members Neva Barnett, Brian Ramsey, Chuck Sutton,
and Vince Tallerico. Also present were
City Administrator Earl Wilson, City Attorney James Pierce, Finance Director M.
Kelly McKinnis, Police Chief Martin Nicholas, Fire Chief Darin Quigley, Public
Works Director Craig Sharp, and City Clerk Deborah Salvestrin.
III. PUBLIC
BUSINESS FROM THE FLOOR
Mayor Borcalli 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.
IV. COUNCIL
MEMBER REPORTS AND COMMENTS
Council
Member Barnett reported attending a Community Center meeting at which time
Committee Chairman Gary Blevins reported meeting with representatives of the
Ford Family Foundation. Ms. Barnett
added the Foundation is seeking closure on the project so the Committee is
seeking additional funding to hire a program coordinator that can give the
Committee direction and focus to get to ground breaking.
Mayor
Borcalli reported receiving another complaint about the traffic controls at
Black Butte and Vista Drives and asked the Council if it wants to readdress the
matter. Council concurred the matter
has been repeatedly addressed, and no further action is needed at this
time.
Mayor
Borcalli also reported the Community Service Office and Officer Tracey Hart are
doing a great job. They have removed
over 200 cars, and now the nuisance abatement program begins as it regards yard
clean up. Mayor Borcalli asked for
citizen cooperation with the Community Service program.
Mayor
Borcalli recommended amendment of the order of the agenda to permit the
representatives from Rural Elders to speak to the Council prior to the public
hearing.
Council
Member Sutton moved to amend the order of the published agenda so that the
Rural Elders item can be considered before the Public Hearing. Council Member Ramsey seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
VI. REGULAR
AGENDA
A. Rural Elders, Inc.: Presentation to Council covering history, future plans, and relationship to the community.
Keith
Samse, representing Rural Elders at 550 Park Street, came before the Council to
review the history for the formation of the current adult day health care
center, the current status, and the staff and qualifications. Diane Norcio, Director, Rural Elders, Inc.,
gave a little quiz to the Council about the level of care available to the
elderly in California, and then described the services they offer. Mr. Samse presented the vision of the future
and reviewed a conceptual plan for a new 24-acre facility. Tom Hessseldenz, a landscape architect,
reviewed the conceptual landscape design he developed.
Finance
Director McKinnis reported he and City Administrator Wilson met with Rural
Elders representatives to discuss ways in which the City could enter into
partnership via such things as business loans or planning grants for
feasibility studies.
Ms.
Norcio stated they would be coming to the Council in the near future in request
of formal support for the project adding that the document can be used in grant
and other project applications.
Council
thanked Ms. Norcio and Mr. Samse for bringing their program to the City of Weed
and offered encouragement to continue working toward the ultimate goal.
Council
Member Barnett moved to take a brief recess so the presentation materials can
be cleared from the dais area. Council
Member Ramsey seconded the motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Council
recessed from 6:40 to 6:51 p.m. at which time Mayor Borcalli reconvened the
meeting.
V. PUBLIC
HEARING(S)
A. Aspen Creek Subdivision: Consideration of the Negative Declaration for Subdivision and Conditional Use Permit.
Mayor Borcalli stated the
hearing was opened at the last meeting, and continued to this date and then
asked staff for comments.
City Administrator Wilson
reported this item was continued because the Planning Commission was still
considering the project at the time of the Council’s last scheduled
meeting. City Administrator Wilson
stated the applicants propose to subdivide over 20 acres in the south Weed area
to create approximately 30 lots with four of those lots for commercial use
along an extension of Vista Drive to the east, and a use permit is required for
the remainder of the lots for residential units.
City Administrator Wilson
reviewed the Planning Commission action to submit a recommendation that the
application for use permit for Aspen Creek Subdivision be denied. City Administrator Wilson then explained the
specific recommendation of approval of the findings for the conditional use
permit with certain modifications, as they are technically consistent with the
Weed General Plan, but not compatible with the Plan’s intent for commercial and
industrial uses in the south Weed area.
Planning Consultant Mark
Teague, representing the City on behalf of Pacific Municipal Consultants,
appeared before the Council to explain the application meets all the
subdivision requirements but it is complicated because it is planned for
acreage right in the middle of an area zoned for commercial and industrial
uses. Mr. Teague added that residential
uses are permitted in the zone with a conditional use permit, but residential
use in that type of zone is typically limited to caretaker facilities, or
residential use accessory or ancillary to an industrial or commercial
development. In the instance of the
City of Weed, the ordinance does not spell that out leaving an avenue for the
application submitted.
Mr. Teague stated that the
property owners and developers, James Bennett and Greg Walkup, maintain they
have always intended residential uses on that land. Mr. Teague explained that the recommendation of denial of the use
permit submitted by staff is based on the expectation of the City to allow area
for industrial development that can provide jobs, and by allowing residential
use, we are building in future opponents to industrial development and jobs.
Mr. Teague reviewed that at
the time of the Planning Commission’s hearing, adjacent property owners voiced
concern about housing in an area intended for industrial development. Mr. Teague added that the Planning Commission
asked the owners to provide a master plan for the development of their property
in the south Weed area and they did, and it has been provided to the Council
for review. If the Planning Commission
approved it as a condition of approval of the use permit, however, it would be
setting a trend by indicating there will be mixed residential and commercial
uses. Mr. Teague stated that if
residential use is the long-term expectation of the property owner, and the
City is agreeable, it should follow suit and amend the General Plan and re-zone
the property for residential use. Mr.
Teague added that there is probably more industrially-zoned land there than can
be developed in the near future and large industrial developments are rare in
California, and there may be room in the south Weed for all the types of
uses.
Mr. Teague then reviewed
that the Planning Commission recommended the project be denied. Mr. Teague instructed the Council to
consider the use permit first and make recommendation. Mr. Teague noted that staff has provided
conditions if the Council chooses to approve the use permit. Mr. Teague requested that if the use permit
is approved, the master plan be attached as condition for future
development.
Mayor Borcalli asked for
comment in support of the use permit and subdivision application.
Jim Bennett, co-owner of
the property, came before the Council.
Mr. Bennett requested approval of the project, and claimed that a lot of
information has not been brought out regarding the property. Mr. Bennett gave a history of zoning in the
south area both before and after annexation from the County. Mr. Bennett stated their application for
re-zone from industrial to limited industrial was because the City’s zoning
ordinance permitted a wide range of uses, including residential, in that zone
noting that the specific intent of mixed commercial, industrial and residential
uses for their acreage was declared and accepted by the Planning Commission and
the City Council at that time.
Mr. Bennett responded to
Planning Commissioner comments regarding air-borne contaminants, and cost,
noise, and safety factors associated with residential development in the Summit
Lake area due to distance and proximity to both Interstate 5 and the main line
of the Union Pacific Railroad.
Mr. Bennett displayed
photos of a commercial/residential development in Medford that is similar to
their project proposed here. Mr.
Bennett stated there is a huge surplus of land here that is zoned for limited
industrial uses noting that the proposed amendment to the Land Use Element of
the General Plan lists over 700 acres zoned for limited industrial uses. Mr. Bennett explained an example
of job creation resulting from industrial development in their industrial park
north of the Central Oregon and Pacific Railroad line leading to the need for
housing for those employees. Mr. Bennett
stated that by accepting the master plan for residential and commercial uses,
there would still be plenty of land for over 2,000 jobs.
Mr. Bennett said that
Crystal Geyser is the only entity to develop limited industrial land in Weed in
over 30 years. Mr. Bennett stated that,
based on all of the facts presented, they feel they have proposed a good
balance of uses and it is consistent with the application for zone change, and
then requested Council approve the use permit for Aspen Creek subdivision.
Mayor Borcalli asked for
other comments in support of the use permit.
Joe Ganim stated he owns
property adjacent to the proposed project and is concerned about the
residential use but if the Council chooses to approve, Mr. Ganim requests that
disclosure be made to property owners at the time of purchase about the
possibility of future light industrial uses.
Mr. Ed Pearson, of EDS
Engineering, stated his company did the project engineering, and requested
amendment of some of the conditions including the staff required improvement of
a secondary fire access, and the staff required loop of the water line, and then
asked the Council to approve the project with the requested amendments.
There being no further
speakers in support of the project, Mayor Borcalli asked for speakers in
opposition to the project. There were
none.
Mayor Borcalli asked for
Council comments or questions. Council
Member Barnett stated concurrence with the staff report and Planning Commission
recommendation with regard to a residential development in the middle of a
light industrial area, and noted that the project alluded to at the time of the
1996 zone change is a much different project than the residential subdivision
presented here. Council Member Barnett
noted that it only takes one person to shut down a project no matter what
disclosures are made in advance. Ms.
Barnett added that discussions with her constituents have resulted with
consensus in the vision of the south area as the commercial and industrial base
for the City and not for housing.
Council Member Barnett also expressed concern with housing so removed
from the community center explaining that the Council is committed to
supporting the downtown as the south end develops, and housing removed from the
center does not lend itself to support of the downtown.
Council Members Tallerico
and Ramsey echoed those sentiments adding that the Council has seen problem
after problem recently with residents located adjacent to a new
commercial/industrial use.
Council Member Sutton
questioned why the zone wasn’t changed to residential in 1996, and Jim Bennett
responded that the zone containing a flexibility of uses seemed to cover their
vision for the area.
Mayor Borcalli reported an
on-going issue with regard to complaints from residents of houses adjacent to
an industrial area where a train engine there runs continuously. Mayor Borcalli then complimented the
applicants on the project, and reiterated City Council support for industrial
development because of the need for jobs.
Jim Bennett stated that
their vision continues to be residential uses and they do not see industrial
development in the area of the proposed subdivision. Mr. Bennett added that as landowners, they would put that type of
use in the industrial park north of the rail line where Crystal Geyser is. Mr. Bennett also stated that the Council has
to increase its population base in order to support the retail businesses, and
currently there is no housing to support a population increase.
Council Member Barnett
stated that the recent census showed a very small population increase county
wide over the last 10 years and added that residential is still poor use of the
land in south Weed in light of the City’s vision of job creation. It would be a deterrent to an industrial
developer. Council Member Barnett then
moved to deny the use permit, and Council Member Ramsey seconded the motion.
Council Member Sutton
commented that although housing is needed, after all the information was
presented, only problems are foreseen with housing in the area proposed.
Discussion ensued as to the
propriety of the motion, and then Council Member Barnett moved to amend the
motion to include denial of both the use permit and the subdivision. Council Member Ramsey seconded the
motion. The vote on the amendment was:
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
Mayor Borcalli called for
the vote on the original motion as amended.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
VI. REGULAR
AGENDA
B. Shastina Drive Improvement Project (STIP): Change Order No(s). 2 and 6
City Administrator Wilson
reported receipt of contract change orders associated with the Shastina Drive
project.
Public Works Director Sharp
explained one change order is the result of CalTrans changing standards for
guardrails, and the other is for the deletion of the fabric installation under
the paving. Mr. Sharp noted the fabric
issue was discussed at the last meeting at the time of action on the Vista
Drive paving job.
Council Member Barnett
moved approval of Contract Change Orders numbered 2 and 6. Council Member Tallerico seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
VII. STAFF
REPORTS
Public Works Director Sharp
reviewed the status of the Shastina Drive project noting it is slightly behind
schedule but they are expected to catch up.
Additionally, Mr. Sharp noted there have been no major concerns with
regard to traffic control in the construction zone. Mr. Sharp added that the sand separator should be coming on line
next week.
Fire Chief Quigley reported
citizens will be seeing many red trucks around because this is the second year
that College of the Siskiyous is offering a three-week course to train State
Forestry and Fire Protection employees in driving engines. Chief Quigley added that the legislation
changing fire protection standards that were reviewed by Council earlier this
year did pass, and the County of Alameda has hired a law firm to file an appeal
and is seeking entities that want to join the suit. Chief Quigley also reviewed legislation he is working to support
that would provide funding to fire departments that is similar to that received
by police departments under the Citizen’s Option for Public Safety or COPS
program.
VIII. ADJOURNMENT
Council
Member Ramsey moved adjournment, and Council Member Tallerico seconded the
motion.
AYES: Council Members Barnett, Borcalli,
Ramsey, Sutton, and Tallerico
NOES: None
ABSENT: None
MEETING ADJOURNED SINE DIE
AT 8:30 P.M.