City of Wasco
City Council Minutes
TUESDAY, May 15, 2007 – 7:00pm
City Council Chambers
1) CALL TO ORDER at 7:00 by Mayor Espitia
2) FLAG SALUTE
3) INVOCATION: Pastor Scott Allred of First United Methodist Church delivered the invocation
4) ROLL CALL
Present: Mayor Espitia, Members: Cortez, Pearson, Wegman,
Absent: Member West
Others Present: Attorney B. Garcia, City Manager Pennell, Assistant City Manager Mittag, City Clerk Hight, Executive Secretary Krause, Administrative Services/Finance Director Zervis, Public Works Director Jones, Interim Planning Director Nancy Huff, Senior Planner McNamara, Associate Planner Patricia Manry, Human Resource Manager Randhawa, and Sergeant Lee.
5) PRESENTATIONS AND AWARDS
Mayor Espitia presented a Proclamation to City Manager Pennell acknowledging his 13 years of service to the City of Wasco.
City Manager Pennell introduced Nancy Huff Interim Planning Director from Willdan Association to the council.
6) COMMUNICATIONS FROM THE AUDIENCE:
Member Wegman read a thank you note to the council from the Long family for dedicating the regular council meeting held on March 20th to their son’s memory.
Tilo Cortez-----Juniper Lane addressed the audience as a citizen of Wasco.
Mr. Cortez spoke in reference to the Grand Jury report sent to the Wasco Recreation and Parks District and asked Mayor Espitia “why he would put himself and the council in this unfavorable position.”
Larry Pearson --------Juniper Lane addressed the council as a citizen of Wasco.
Mr. Pearson spoke in reference to the Grand Jury report sent to the Wasco Recreation and Parks District and spoke on the duties of the Director of Wasco Recreation and said that “Mayor Espitia should recuse himself from all city rulings due to conflict of interest.”
Bonnie Garcia addressed the council as a member of the public. Mr. Garcia spoke in reference to the Grand Jury report given to the Wasco Recreation District and stated that in Mr. Espitia’s current position he does not have sovereign power and is not an elected official of the WRPD. He assured council that there is no conflict of interest.
Wayne Ketcherside 1704 Leonard Ave. spoke in support of City Manager Pennell and objected to the closed session item on the agenda stating the need to “get city stuff done.”
Vince Martinez 485 Christopher Ct. spoke in support of Mr. Pennell, and objected to the possible dismissal item on the closed session agenda.
Terri Bray 2681 Silvertree Lane, spoke in support of City Manager Pennell and spoke of the council working together with staff as they have in the past and the importance of doing so now as they hire a new City Manager.
7) CONSENT CALENDAR:
a) Approval of Bill Paying List.
b) Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.
c) Acceptance of Monthly Building Permit Reports for March and April 2007.
d) Approval of a 2007-2419 Resolution Approving an Application to the California Department of Transportation for Funding Under the Federal Transit Administration Section 5311 Non-Urbanized Grant Program State Discretionary Reserve; the Execution of a Standard Agreement and Any Amendments Thereto; and Any other Documents Necessary to Secure FY 2007 Discretionary Subsidy Funding.
e) Approval of a 2007-2420 Resolution of the City of Wasco Approving the Final Subdivision Map, Improvement Plans, Improvement Security and Subdivision Agreement for Parcel Map 11497 (located approximately 1/8 mile south of the southeast corner of the intersection of Filburn and Palm Avenues), Accepting for Public Use all Dedications for the Purposes for which they are offered, Authorizing the City Manager to Execute the Subdivision Agreement, and Authorize the City Clerk to Endorse the Final Map and Transmit same to the County Clerk’s Office.
f) Acceptance of “Notice of Completion/Acceptance of Work” for HES 7th Street In-Pavement Lighting Project completed by Loop Electric Company and Authorizing the City Clerk to file said Notice.
g) Approval of a 2007-2421 Resolution Approving and Adopting the Annual Appropriation Limit at $13,208,996 for Fiscal Year June 30, 2007.
h) Approval of a 2007-2422 Resolution Approving and Adopting the Annual Appropriation Limit at $13,890,763 for Fiscal Year June 30, 2008.
i) Approval of a Proclamation Recognizing May as 2007 Amyotrophic Lateral Sclerosis (ALS) Awareness Month.
j) Acknowledge Receipt of Correspondence.
k) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
Member Wegman and Member Cortez asked that item 7)a be pulled for discussion.
Mayor Espitia asked that item 7)b be pulled for discussion.
Member Cortez made a motion to approve remaining calendar, 2nd by Member Wegman. Motion carried with a 4-01 vote, Member West absent.
Member Wegman asked about the bill for tree planting, Member Cortez stated his concerns over the city attorneys bill. Questions were answered by staff regarding the bill paying list.
Member Wegman made a motion to approve item 7)a, 2nd by Member Cortez, All in favor, motion carried with a 4-0-1 vote. Member West absent.
Mayor Espitia asked City Attorney if he could vote on item 7)b. After brief discussion it was recommended that he not vote.
Member Cortez made a motion to approve item 7)b, 2nd by Member Pearson. Motion carried with a 3-0-1-1 vote. Member West absent, Mayor Espitia abstained.
Member Cortez made a motion to move item earlier in agenda for the convenience of the audience, 2nd by member Wegman. Motion carried with a 4-0-1 vote, Member West absent.
18) REPORTS FROM CITY ATTORNEY
a) Update on Housing Authority Issues
Attorney Garcia reported that there are ongoing conversations with tenants, Wasco Housing Authority staff and interest groups and that he will report back to council as further information and/or solutions for the affected families is gathered.
8) Report, Continued Public Hearing and Possible Minute Action, RE: Consideration of an Appeal of the Planning Commission’s Decision to Approve Tentative Tract 6924, Subject to Conditions as Modified by the Commission (Garcia) (Continued from May 1, 2007)
Mayor Espitia reopened the public hearing.
Attorney Garcia asked that this item be continued and stated that he has abandoned the idea of getting a tolling agreement with interested parties. He read a letter from the Department of Transportation requesting that it be read into the public hearing. The letter was addressed to City Manager Larry Pennell and it was signed by Lisa Zito of the Office of Transportation. It read as follows:
Dear Mr. Pennell:
We would like to express our general concurrence with the City of Wasco’s staff report as prepared by Bonificio Bonnie Garcia(City of Wasco’s counsel) regarding the appeal of the Planning Commission’s decision to approve Tentative Tract #6924. We also request that this letter be read into the record during the public hearing.
However, we do have a couple of details that need to be addresses before a decision is determined by the City Council. The first detail is in regards to the Traffic Impact Study’s (TIS) timing. We recommend the TIS to be completed prior to the Final Map stage. The Final Map stage may be too late for Caltrans, the City of Wasco, and the developer to make changes based on the analysis in the TIS.
Secondly, in the recommended conditions of approval, an encroachment permit will be required for all work to be done in the State right-of-way, since this project is adjacent to the State right-of-way.
Please advise us of the conditions of approval as they relate to Caltrans’ recommendations for this project.
If you have any questions, please call 559-445-5232
Lisa Zito
Office of Transportation Planning
District 6
c: Mr. Dennis McNamara, Senior Planner, City of Wasco
Ms. Patricia Manry, Associate Planner, City of Wasco
Mayor Espitia asked for further comments, there were none.
Member Pearson made a motion to continue public hearing until the second meeting in July or the first meeting in August, 2nd by Member Wegman. Motion carried with a 4-0- 1 vote. Member West absent.
9) Report, Public Hearing and Possible Minute Action, RE: Design Phase for the Fiscal Year 2007-2008 Community Development Block Grant Program (Zervis)
Mayor Espitia opened the public hearing.
Administrative Services/Finance Director Zervis circulated a sign in sheet, and read the necessary verbiage for CDBG compliance and funding.
Member West arrived at 7:57 p.m.
Mayor Espitia asked for comments from the public, there were none.
Member Wegman made a motion to approve, 2nd by member Cortez. Motion carried with a 5-0-0 vote.
10) Report, Continued Public Hearing and Possible Introduction of an Ordinance, RE: (ZONE CHANGE 07-05) AN ORDINANCE OF THE CITY OF WASCO AMENDING SECTION 17.03 DEFINITIONS OF THE CITY OF WASCO MUNICIPAL CODE SECTION 17 (ZONING ORDINANCE) TO INCLUDE A NEW DEFINITION FOR SUMMER KITCHENS/OUTDOOR KITCHENS (Manry) (Continued from May 1, 2007)
Mayor Espitia reopened the public hearing.
Associate Planner Manry gave a brief report and explained that currently there are no design standards defining summer kitchens.
Mayor Espitia asked for further comments, there were none.
Mayor Espitia closed the public hearing at 8:06 p.m.
Member Cortez made a motion to approve, 2nd by Member Pearson. Motion carried with a 5-0-0 vote.
11) Report, Continued Public Hearing and Possible Introduction of an Ordinance, RE: (ZONE CHANGE 07-06) AN ORDINANCE OF THE CITY OF WASCO AMENDING SECTION 17.03 DEFINITIONS OF THE CITY OF WASCO MUNICIPAL CODE SECTION 17 (ZONING ORDINANCE) TO INCLUDE A NEW DEFINITION ENTITLED CASITA AND AMENDING TABLE 17-3-7 TO ALLOW CASITAS IN THE R1-10 (LOW DENSITY RESIDENTIAL LARGE LOT), R-E (ESTATE ZONE) AND R-R (RURAL RESIDENTIAL) ZONES AS A PERMITTED USE (Manry) (Continued from May 1, 2007)
Mayor Espitia reopened the public hearing.
Associate Planner Manry read the report and conditions of approval. Discussion regarding zoning conditions and not allowing kitchens and rental possibilities was had by Council and staff.
Mayor Espitia asked for further comments, there were none.
Mayor Espitia closed the public hearing at 8:15 p.m.
Member Cortez made a motion to approve, 2nd by Mayor Espitia. Motion carried with the following vote:
AYES: Espitia, Cortez, Pearson, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: None
12) Second Reading and Possible Adoption of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING CHAPTER 13.14, SECTION 13.14.020 OF THE WASCO MUNICIPAL CODE ESTABLISHING SEWER SERVICE RATES (Jones)
Public Works Director Jones gave a brief report of amendment, restating the fact that this increase is not related to the expansion of the wastewater treatment plant.
Member West made a motion to adopt, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Pearson, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: None
13) Second Reading and Possible Adoption of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO IN THE MATTER OF THE APPLICATION OF THE CITY OF WASCO AMENDING TABLE 17-4 OF THE CITY OF WASCO ZONING ORDINANCE ALLOWING A 20 FOOT FRONT YARD SET BACK FOR NEW RESIDENTIAL CONSTRUCTION WITH SIDE LOADED GARAGES (McNamara)
Senior Planner McNamara gave a brief staff report and second reading.
Member Cortez made a motion to adopt, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Cortez, Pearson, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: None
Member Wegman left council chambers at 8:23 p.m.
14) Second Reading and Possible Adoption of an Ordinance, RE: (ZONE CHANGE 07-03) AN ORDINANCE OF THE CITY OF WASCO AMENDING SECTION 17.19.01 OF THE CITY OF WASCO MUNICIPAL CODE (ZONING ORDINANCE) PERTAINING TO GUEST HOUSE, POOL HOUSE (SECONDARY RESIDENTIAL UNITS) (Manry)
Associate Planner Manry gave a staff report and second reading.
Member West made a motion to adopt, 2nd by Member Pearson. Motion carried with the following vote:
AYES: Espitia, Cortez, Pearson, and West.
NOES: None
ABSTAIN: None
ABSENT: Wegman
Member Wegman returned to Council Chambers at 8:25 p.m.
15) Second Reading and Possible Adoption of an Ordinance, RE: (ZONE CHANGE 07-04) AN ORDINANCE OF THE CITY OF WASCO AMENDING SECTION 17.03 DEFINITIONS OF THE CITY OF WASCO MUNICIPAL CODE SECTION 17 (ZONING ORDINANCE) TO INCLUDE A NEW DEFINITION FOR DWELLING UNIT AND DWELLING-SINGLE FAMILY (Manry)
Associate Planner Manry gave a staff report and second reading.
Member Pearson made a motion to adopt, 2nd by Mayor Espitia. Motion carried with the following vote:
AYES: Espitia, Cortez, Pearson, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: None
16) Report and Possible Minute Action, RE: Appointment of Committee for Recommendation of Wasco Housing Authority Commissioner Appointments (Mayor Espitia)
Discussion regarding the committee of Member Pearson and Member Cortez and the need to form a new committee due to the impending retirement of Member Pearson from the City Council.
Member Pearson made a motion to appoint Member Cortez to replace him as a committee member, 2nd by Member Cortez. Motion carried with a 5-0-0 vote.
Staff was instructed to ask Mr. Reyes if he is still interested in filling the seat, and advertise the position as regular practice.
17) REPORTS FROM CITY STAFF
Kathy Krause read ordinance and resolution titles to 7d, 7e, 7g, 7h, 10, 11, 12, 13, 14 and 15.
Allen: Reported on alley paving project and repair on Sunset and Beckes.
Jones: May 25-26 Public Works will be celebrating Public Works Week.
Sgt Matt Lee: Reported of increase in staffing and arrest reports.
REPORTS FROM CITY MANAGER
Reported on the visit of Command Master Chief Larry Van Schuyver of the United States Navy who visited City Hall. He presented a confiscated hostile flag to the City Manager along with several coins.
REPORTS FROM CITY COUNCIL
Member Pearson announced that this is his last regular Council meeting, that he would be retiring. He thanked his fellow councilmember’s and staff.
Member West wished Member Pearson good luck.
Member Wegman-None
Member Cortez gave a report of the replacement of the gazebo on 7th street with a clock tower and a dedication of the Centennial Celebration.
He stated that it had been a pleasure working with Member Pearson and wished him luck.
Mayor Espitia reported that there was a light out at the Little League and he thanked Member Pearson for all the time he has put into the City of Wasco.
Mayor Espitia adjourned to RDA meeting at 8:47 p.m.
Reconvened at 8:50 p.m.
Mayor took a short recess for celebratory cake with Member Pearson.
Mayor reconvened at 9:00 p.m.
Member Cortez made a motion to adjourn to closed session at 9:00 p.m., 2nd by Member Pearson. Motion carried 5-0-0.
CLOSED SESSION
a) Discipline, Dismissal or Release of a Public Employee
Government Code 54957
Member West left closed session at 10:00 p.m.
Mayor Espitia reconvened regular meeting at 10:20 p.m.
Attorney Garcia reported that Council took no reportable action on the matter discussed in closed session.
ADJOURNMENT –Mayor Espitia adjourned meeting at 10:21 p.m.
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Vickie Hight, City Clerk Danny Espitia, Mayor
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