City of Wasco
City Council Minutes
TUESDAY, August 7, 2007 – 7:00pm
City Council Chambers
1) CALL TO ORDER: Mayor Espitia called the meeting to order at 7:01p.m.
2) FLAG SALUTE
3) INVOCATION: Pastor John Ross – Westside Family Fellowship
4) ROLL CALL: Mayor Espitia, Members: Cortez, Hively, West. Absent: Member Wegman
Attorney B. Garcia, City Manager Mittag, Executive Assistant Rodriguez, Deputy City Clerk Jones, Administrative Services/Finance Director Zervis, Public Works Director Jones, City Projects Manager Wren, City Operations Manager Allen, Interim Planning Director Raper, Human Resource Manager Randhawa
5) PRESENTATIONS AND AWARDS: None
6) COMMUNICATIONS FROM THE AUDIENCE:
Clarence Cooper, 1820 F Street, received 10 day notice from code enforcement to remove cargo storage from premises.
7) CONSENT CALENDAR:
a) Approval of Minutes from the Following Meetings:
Regular Meetings on July 3, 2007
Adjourned Regular Meeting of July 3, 2007 on July 10, 2007
b) Approval of Bill Paying List.
c) Acceptance of Sheriff’s Activity Report for the Month of June 2007.
d) Acceptance of Code Enforcement Reports:
1. Wasco Code Compliance Officer – June 2007
2. Fire Prevention Services – June 2007
e) Acceptance of Monthly Building Permit Report for June 2007.
f) Report and Possible Approval to authorize staff to accept the lowest qualifying bid from Griffith Company for $329,264 and authorize the Mayor and City Clerk to execute the construction contract and authorize City Manager to make quantity adjustments to the contract in an amount not to exceed the allotted funds.
g) Report and Possible Approval of 5th Street and 9th Street Water Line Projects to allow staff to proceed with the procurement of the trenching and purchase of needed materials at a cost of $77,924.
h) Approval of a 2007-2449 Resolution of the City Council of the City of Wasco Approving an Application to the Pacific Gas & Electric Company for Funding under the Local Economic Development Grants Program and Authorizing the City Manager to Execute Related Documents and Agreements.
i) Approval of a 2007-2457 Resolution of the City Council of the City of Wasco Authorizing the Execution and Delivery of a Lease with Option to Purchase, and Authorizing Certain Actions in Connection Therewith (Garbage Bin Truck).
j) Approval of a 2007-2456 Resolution of the City of Wasco Authorizing the Execution and Delivery of a Lease with Option to Purchase, and Authorizing Certain Actions in Connection Therewith (Roll-Off Truck).
k) Approval of Sick Leave Policy for City Staff, which establishes criteria for sick leave and the cash out of sick leave in excess of 960 hours.
l) Approval of Employee Identification Policy, which establishes an employee ID Card for City Employees.
m) Acknowledge Receipt of Correspondence.
n) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
Member Cortez pulled item 7b
Mayor Espitia pulled item 7l
Member Cortez made a motion to approve item 7b, 2nd by Member West. Motion carried with a 4-0-1 Member Wegman Absent.
Member Cortez made a motion to approve item 7l, 2nd by Member West. Motion carried with a 4-0-1 Member Wegman Absent.
Member Cortez made motion to approve remaining calendar, 2nd by Member Hively. All in favor, motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West.
NOES: None
ABSTAIN: None
ABSENT: Wegman
Mittag read the resolution title
8) Report and Possible Minute Action, RE: Report Regarding Language Translation Equipment and Interpretation Services. (Zervis)
Wayne Ketcherside, 17034 Leonard Avenue, need to have this accommodate all languages not just Spanish.
Member Cortez made motion to approve purchase of equipment and have translator available when requested, 2nd by Member Hively. All in favor, motion carried with a 4-0-1 vote. Member Wegman absent.
9) Report, Public Hearing and Possible Minute Action, RE: Availability of Funding through the Community Development Block Grant Program (CDBG) and obtain Public Input on the Proposed FY 2007-2008 CDBG Planning and Technical Assistance Activities. (Zervis)
Public Hearing Opened at 7:20p.m.
Sign-in sheets passed around for everyone present to sign.
No comments from audience.
Closed Public Hearing at 7:24p.m.
Member Cortez made motion to move, 2nd by Member Hively. All in favor, motion carried with a 4-0-1 vote. Member Wegman Absent
10) Report and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO CONCERNING RESIDENTIAL RENTAL DWELLING UNIT INSPECTION AND MAINTENANCE. (Zervis)
Due to possible conflict of interest, and the need to secure a quorum on this issue, City Manager Mittag flipped a coin to determine who would be recused from the item.
Member West abstained and left the council chambers.
Option 1: no fees, complaint based
Option 2: 4 year inspection cycle, additional cost for business owners.
Debbie Steward, 1402 7th Street, has rental units and has not had problems with units. Feels she’s being doubled taxed. If not broken why fix it?
Roxie Craig, 2500 9th Place, how many code compliance officers do we have & what are their duties? Why isn’t the County called instead of the city?
Gary Steward, 1402 7th Street, suggests staff meet with landlords and come up with a plan. Taking away time from property managers going through inspections.
Gary Jones, 1402 Jubilee Dr., will landlords be able to report unlivable conditions? What does a business license entitle?
Larry Ruddell, 1500 5th Street, this is being implemented because other cities have implemented this?
Member Cortez made motion for staff to meet with local landlords and look into option 1, 2nd by Member Hively. All in favor, motion carried with a 3-0-1-1 vote. Member Wegman absent. Member West abstained. No further action taken.
Member West returned to council chambers.
11) Report and Possible Minute Action, RE: Enforcement of Section 5.16 of the Wasco Municipal Code Governing Food Vending Vehicles. (Zervis)
Gary Steward, 1402 7th Street, wants to make sure everything is thought through.
Directed staff to separate issues (food vehicles & ice-cream trucks), bring back and develop specific recommendations for reconsideration.
No further action taken.
12) Report and Possible Minute Action, RE: Consider Wasco Municipal Code Sections 17.79.03 Prohibited Conduct Subsection N and 10.44.030 Parking of Commercial Vehicles (Raper)
Charles Wegman, 1322 Griffith Ave., questioned where are they able to park? Unable to park anywhere, trucks will be broken into. Why does weight of vehicle matter? Feels they should be able to park on their own property.
Keith Ingram, 1525 3rd Street, motor homes weighing more than 12,000lbs are being parked in residential zones. City should designate a fenced/secure area for them to park, willing to pay.
Patricia Mendez, 1300 Palm Ave., designate an area for them to park, willing to pay.
Al, 760 4th Street, need area to park.
Efrain Quintania, 1877 Gaston, need area to park.
Victor Pelayo, 1201 Margalo, need area to park, who will pay for vandalism of trucks?
Larry Ruddell, 1500 5th Street, need secure place to park, work with drivers because there’s revenue there.
Mittag recommends city not take responsibility of providing area, maybe someone interested can do private enterprise business.
Member West, both ordinances need to be compatible. Work with Lucio Hay and check into RDA funds.
Member Cortez, Jake and Jim should meet with truckers for compromise.
Member Hively made motion to approve the recommendation in Exhibit 1, 2nd by Member West. All in favor, motion carried with a 4-0-1 vote. Member Wegman absent
13) Report and Possible Approval, RE: 2007-2450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE STATE CDBG PLANNING AND TECHNICAL ASSISTANCE PROGRAM’S ECONOMIC DEVELOPMENT ALLOCATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS AND AGREEMENTS. (Zervis)
There were no public comments.
Member West made motion to approve application and execute agreement, 2nd by Member Cortez. All in favor, motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West.
NOES: None
ABSTAIN: None
ABSENT: Wegman
Mittag read the resolution title
14) Report and Possible Approval, RE: 2007-2451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE STATE CDBG PLANNING AND TECHNICAL ASSISTANCE PROGRAM’S GENERAL ALLOCATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS AND AGREEMENTS. (Zervis)
There were no public comments.
Member Cortez made motion to approve, 2nd by Member Hively. All in favor, motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West.
NOES: None
ABSTAIN: None
ABSENT: Wegman
Mittag read the resolution title
15) Report, Public Hearing and Possible Minute Action, RE: 2007-2452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2007-08. (Zervis)
Public Hearing opened at 9:15p.m.
There were no public comments.
Member Cortez made motion to approve, 2nd by Member Hively. All in favor, motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West.
NOES: None
ABSTAIN: None
ABSENT: Wegman
Mittag read the resolution title
Public Hearing closed at 9:17p.m.
16) Report, Public Hearing and Possible Minute Action, RE: 2007-2453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 01-01 FOR FISCAL YEAR 2007-08. (Zervis)
City Attorney Garcia explained to those present that items 16, 17, and 18 would be voted on with one vote after the public hearings have been held.
Mayor Espitia opened Public Hearing 9:18p.m.
There were no public comments
Mayor Espitia closed Public Hearing 9:18p.m.
17) Report, Public Hearing and Possible Minute Action, RE: 2007-2454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 01-02 FOR FISCAL YEAR 2007-08. (Zervis)
Mayor Espitia opened the Public Hearing 9:18p.m.
There were no public comments
Mayor Espitia Closed Public Hearing at 9:18p.m.
18) Report, Public Hearing and Possible Minute Action, RE: 2007-2455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 06-1 FOR FISCAL YEAR 2007-08. (Zervis)
Mayor Espitia opened the public hearing opened at 9:19p.m.
Deputy Clerk Rodriguez opened and read the ballots: 1 oppose, 3 support, 1 nothing marked, and 2 ballots were not returned and deemed in support. Final vote count of
7-1-
There were no public comments
Closed Public Hearing at 9:20p.m.
Member Hively made motion to approve item #16, #17, and #18, 2nd by Mayor Espitia. All in favor, motion carried with the following vote:
Member Cortez made a motion to approve remaining calendar, 2nd by Member Wegman. All in favor motion carried with the following vote.
AYES: Espitia, Cortez, Hively, and West.
NOES: None
ABSTAIN: None
ABSENT: Wegman
Mittag read the resolution titles
19) Report and Possible Minute Action, RE: Approval of Grinding and Repairing of 7th Street between G Street and Broadway.
Mittag, contractor hired to slurry seal 7th street. 1st application was unacceptable, 2nd application was still unacceptable. Lab results came back and slurry seal was not correct.
Member Cortez, what is contractor’s response?
Attorney, bond company has to pay for other company to come and do the work or give the city the money so the city can get the work done.
Member Cortez made motion to go out for bid, 2nd by Member Hively. All in favor, motion carried with a 4-0-1 vote.
20) Report and Possible Minute Action, RE: Wasco Housing Authority Commissioner Appointments. (Mayor Pro Tem Cortez and Councilmember Wegman)
Member Wegman not available to due surgery. Mayor Pro Tem Cortez and Member Hively will meet with two candidates next week on Wednesday.
No further action taken.
21) REPORTS FROM CITY STAFF
Raper, Draft EIR is available and each councilmember has a copy in their mailbox. Public review period began today until September 21st.
Zervis, ordinance outlining business license fee will have a 15% increase.
Zervis, code compliance staff finished addressing car carports/canopies and 17 have been removed.
Allen, park on 7th & 43 grass is drying out. Working on it and will be ready for festival.
Allen, received roll off truck and bin.
Jones, comments about water in gutters, due to flushing system.
Sheriff, Narcotic Program, 2 deputies accepted as field training officers and 1 deputy as senior deputy.
22) REPORTS FROM CITY ATTORNEY
Garcia, City Attorney office being proactive with code enforcement. Being consistent on issues and moving forward.
23) REPORTS FROM CITY MANAGER
Mittag, there are code conflicts trying to resolve.
Mittag, is it worth while to attend conventions? Retail project is a result.
24) REPORTS FROM CITY COUNCIL
Hively, blockage near automotive.
West, status of KFC?
Cortez, None
Espitia, attended conference in Monterey. Need to establish order in council chambers.
Mittag, look into ordinance and put on council agenda to discuss.
Member West made motion to go to closed session, 2nd by Member Cortez. All in favor, motion carried with a 4-0-1 vote. Member Wegman absent
25) CLOSED SESSION:
a) Performance Evaluation of Public Employee – Administrative Services and Finance Director, Human Resources Manager, Information Technology Specialist, Planning Director, Public Works Director, City Operations Manager, and City Projects Manager.
City Attorney, stated that no reportable action taken in closed session.
26) ADJOURNMENT: Member Cortez made a motion to adjourn 10:29p.m.
____________________________________________ ______________________________________________
Duviet Rodriguez, Deputy City Clerk Danny Espitia, Mayor
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