City of Wasco
City Council Minutes
July 21, 2009
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER- Mayor West called the meeting to order at 7:00a.m.
2) FLAG SALUTE
3) INVOCATION: City Manager Jim Zervis offered the invocation.
4) ROLL CALL
Mayor West, Members; Cortez, Espitia, Hively Wegman
Attorney B Garcia, City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Allinder, Sgt Armendariz
5) PRESENTATIONS AND AWARDS:
a) Commendation presented to Hoyett's Sandwich Shop.
Mayor West presented commendation to Terri Anderson, owner operator of Hoyett's Sandwich shop.
6) COMMUNICATIONS FROM THE AUDIENCE: None
7) CONSENT CALENDAR:
a) Approval of Minutes from the regular meeting of July 7, 2009
b) Approval of Bill Paying List, total amount of $382,762.29.
c) Acceptance of Sheriff's Activity Report for the Month of June 2009.
d) Acceptance of Code Enforcement Report for the Month of June 2009.
e) Acceptance of Monthly Building Permit Report for June 2009.
f) Acceptance of Investment Policy and Compliance Report for the Month of June 2009
g) Second Reading and Possible Adoption of an Ordinance, RE: 09-584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, SECTION 17.19 (RESIDENTIAL SPECIFIC STANDARDS), 17.51 (DESIGN DISTRICT GUIDELINES), AND 17.73 (INTERPRETATIONS AND MISCELLANEOUS) TO PROHIBIT CHAIN LINK FENCING IN ALL ZONE DISTRICTS EXCEPT THE I-H (HEAVY INDUSTRIAL), I-L (LIGHT INDUSTRIAL), AND C-S (SERVICE COMMERCIAL) ZONE DISTRICTS.
h) Second Reading and Possible Adoption of an Ordinance, RE: 09-585 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONE CHANGE NO. 08-05 AMENDING THE ZONING MAP OF THE CITY OF WASCO FROM THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-3/PD-08-06 (HIGH DENSITY RESIDENTIAL/PRECISE DEVELOPMENT OVERLAY) ZONE DISTRICT.
i) Report and Possible Approval, RE: 09-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER TO SIGN THE FUNDING AGREEMENT AND AMENDMENTS FOR FUNDING UNDER THE CALIFORNIA SAFE DRINKING WATER STATE REVOLVING FUND AND THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AUTHORIZING THE CITY MANAGER TO SIGN ALL CERTIFICATIONS AND REPORTS REQUIRED FOR SUCH FUNDING; AUTHORIZING THE CITY MANAGER TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE BUDGET AND EXPENDITURE SUMMARY; AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE CONTRACTOR'S RELEASE FORM; AND, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE CERTIFICATION OF PROJECT COMPLETION.
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.
Mayor West requested that item7h be removed for vote.
Member Cortez made a motion to approve the remaining calendar, 2nd by Member Hively. Motion carried with the following vote:
AYES: Mayor West, Members Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the ordinance and resolution title.
Member Espitia made a motion to approve item 7h, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Members Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: Mayor West
ABSENT: NONE
City Clerk Hight read the ordinance title.
Mayor West said that in the interest of accommodating the media who were in attendance to hear item 15 that he would entertain a motion move ahead in the agenda to hear item 15 now.
Member Cortez made a motion to hear item 15, 2nd by Member Espitia. Motion carried.
Minute action will be reflected in the order of the agenda.
8) Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.
City Manager Zervis gave a report of the Quimby balance of $287,640.77. No action taken.
9) Report, Continued Public Hearing and Possible Approval, RE: 09-2657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO DENYING THE APPEAL FILED FOR CONDITIONAL USE PERMIT NO. 08-04 AND UPHOLDING PLANNING COMMISSION ACTION. (Allinder)
Mayor West reopened the public hearing.
PMC Consultant Allinder referenced the staff report from the July 7th meeting.
Seth Odell attorney for Sounds of Pentecost Church spoke in opposition to the denial of the appeal and stated that he had some possible solutions to the issue and offered to speak with the city attorney to come to an alternate resolution.
Wayne Ketcherside 17405 Leonard Ave. spoke in support of the denial.
Rev. David Downing 2425 Sunset, requested the city council members honor the appeal and support the verbal agreement made in 1994.
John Bean 2200 Palm Ave. spoke in favor of the improvements that in his opinion need to be completed on the corner.
Mayor West stated the verbal agreement was never brought before the council in an open meeting. He said the spoke with past council members who remember the agreement. West stated he would like to honor the agreement but the legal ramifications/exposure for the city was unacceptable.
Clint Compton 1812 San Jose Ave. Wasco spoke in favor of the completion of the improvements on the corner of Filburn and Palm adjacent to his property.
Darrell Fields 456 Warren Ave. Bakersfield spoke in support of the appeal and questioned the legality of the annexation.
Perry Green 833 2nd Street Wasco, spoke in support of the appeal.
Seth Odell spoke again and asked for additional time to speak with the Attorney Garcia.
Mayor West asked if there was anyone else who wanted to speak, hearing none, closed the public hearing at 7:58 p.m.
Member Cortez spoke of his support of the church and its work in the community but said that he had to uphold the cities ordinances and listen to the legal advice of the city attorney.
Member Hively said that this is a tough decision, but based on the information that has been provided he really has no choice. Member Hively made a motion to approve the resolution, 2nd by Member Cortez.
Motion carried with the following vote:
AYES: Members Hively, Espitia, Cortez and Wegman
NOES: Mayor West
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title.
Mayor West recessed for 5 minutes.
Mayor West reconvened open meeting at 8:05
10) Report, Continued Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING TITLE 6 OF THE CITY OF WASCO MUNICIPAL CODE, SECTION 6.04.010 (DEFINITIONS), 6.04.300 (ANIMALS CREATING A NUISANCE), AND TITLE 17 OF THE WASCO MUNICIPAL CODE, SECTION 17.03 (DEFINITIONS) AND SECTION 17.79.03 (PROHIBITED CONDUCT) TO DEFINE FOWL. (Allinder)
Mayor West opened the public hearing.
PMC Consultant Allinder referenced the staff report from the July 7th meeting.
Stella Blackwell 936 Lily Street spoke in favor of banning chickens/fowl from the city limits. She spoke of her neighbors who have had up to 12 on their property and the nuisance they cause.
There was a brief discussion regarding citations and being proactive in enforcement.
Mayor West closed the public hearing at 8:10.
Member Hively made a motion to approve the first reading, 2nd by Member Cortez. Motion carried wit the following vote:
AYES: Mayor West, Members Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title.
11) Report, Public Hearing, and Possible Approval, RE: 09- 2658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING THE UPDATED HOUSING ELEMENT TO THE GENERAL PLAN. (Allinder)
Mayor West opened the public hearing and asked for comment.
Hearing no comment, Mayor West closed the public hearing at 8:11 p.m.
With a brief discussion regarding the timeline of this document and its importance, Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Mayor West, Members Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title.
12) Report, Public Hearing, and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO REGARDING REVISION OF ANIMAL CONTROL REGULATIONS AND FEES, CHAPTER 6.04. (Allen)
Mayor West opened the public hearing and asked for comment.
Hearing no comment, Mayor West closed the public hearing at 8:15 p.m.
With a brief discussion regarding the fee schedule and comparisons to other cities, Member Espitia made a motion to approve the first reading, 2nd by Member Hively. Motion carried
with the following vote:
AYES: Mayor West, Members Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
13) Report and Possible Approval, RE: A Professional Service Contract with Kennedy/Jenks Consultants for a Storm Water Feasibility Study. (Allen)
Public Works Director Allen gave a staff report, saying that this study will give the city options for a reasonable "fix" for some of the storm drains.
There was discussion regarding Westside Park and its capabilities and that this study is to be complete and comprehensive.
Member Cortez made a motion to approve agreement, 2nd by Member Espitia. All in favor, motion carried 5-0-0.
14) Report and Possible Approval, RE: The Issuance of a Request for Proposal (RFP) with Regard to a Franchise Agreement for "Blue" Cart Service. (Allen)
Public Works Director Allen gave a staff report, stating this service would begin a recycling program for the city. It is a revenue maker and completely voluntary.
There was discussion regarding large bins, future grant opportunities, community education and landfill alleviation.
Member Espitia made a motion to approve, 2nd by Member Cortez. Motion carried with a 4-0-1 vote. Member Wegman opposed.
15) Report and Possible Approval, RE: A Request for Proposals to Conduct a Police Services Analysis for the City of Wasco and Authorization to Publish Such Proposal. (Zervis)
City Manager Zervis gave staff report stating that this RFP was the recommendation of the contracted services committee.
Member Hively who is on the committee stated that the committee is looking at all services looking for cost savings to the city.
Wayne Ketcherside 17045 Leonard Ave. inquired as to who is on the committee.
Member Hively and Mayor West are on the committee and available for questions or comments with the public.
Member Hively made a motion to approve, 2nd by Member Espitia. All in favor, motion carried with a 5-0-0 vote.
16) Report and Possible Approval, RE: Approval of the City Manager Employment Agreement. (Mayor West)
Member Espitia made a motion to table item until after closed session, 2nd by Member Cortez. All in favor, motion carried. 5-0-0.
17) REPORTS FROM CITY STAFF
Allen: Soccer Park is progressing well. ARA agreement is active and water meter and centrifuge bids are open for bid.
18) REPORTS FROM CITY ATTORNEY - none
19) REPORTS FROM CITY MANAGER
Zervis gave a report on the positive progress of the Wastewater grant.
Save the date: September 14th @ 10:00 a.m. for the Renaming ceremony of Hwy 46.
State has come to some budget agreement and will keep the council informed as to the affect to the city.
20) REPORTS FROM CITY COUNCIL
Member Hively sent "kudos" to the Chamber of Commerce for fundraising for the 4th of July Aerial Fireworks Show.
Member Hively made a motion to recess to the RDA agenda, 2nd by Member Cortez. Motion carried, meeting recessed at 8:34.
Mayor West reconvened regular meeting at 8:38 p.m.
Member Cortez made a motion to adjourn to closed session at 8:38, 2nd by Member Hively. All in favor, motion carried.
21) CLOSED SESSION:
a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (2 cases)
b) Public Employee Appointment - City Manager
Government Code Section 54957
Mayor West reconvened regular meeting at 9:15 p.m.
Attorney Garcia reported that the council met on items and no reportable action was taken.
Member Cortez made a motion to take action and approve item 16 from, 2nd by Member Espitia. Motion carried 5-0-0.
22) ADJOURNMENT Member Cortez made a motion to adjourn regular meeting at 9:16, 2nd by Member Hively. Motion carried, meeting adjourned.
___________________ _______________________
Vickie Hight, City Clerk Fred West Jr., Mayor
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