City of Wasco
City Council Minutes
September 1, 2009
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER Mayor West called the meeting to order at 7:02 p.m.
2) FLAG SALUTE
3) INVOCATION: Rev. Bill Goins of First Assembly offered the invocation.
4) ROLL CALL
Mayor West, Members; Cortez, Espitia, Hively Wegman
Attorney E Plaza, City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Allinder, Sgt Armendariz
5) PRESENTATIONS AND AWARDS:
a) A Proclamation of the City of Wasco Declaring September 12, 2009 to be AKC Responsible Dog Ownership Day.
Mayor West read the Proclamation and staff will send it to the recipient.
6) COMMUNICATIONS FROM THE AUDIENCE:
Charles Wegman 1848 So. G Street spoke regarding a recent bid he was awarded only to find out that he did not have a current business license in his possession. He was ineligible for the bid and wanted the Council to know of his dilemma.
City Manager Zervis asked to meet with him to research the issue.
Sam Patel 1704 Hwy 46 spoke of his inability to get an answer in writing regarding the Planning Commission's approval of his monument sign.
Yolanda Ortiz spoke of her dedication and long time family history with Wasco and her situation with her property on E street and the recent billing for a years worth of water usage. She stated that she asked for the water to be turned off at the locations but found that it was never turned off because one of the buildings was inhabited.
Ms. Ortiz stated that she wanted to bring this to the Councils attention and hoped for a fair and reasonable outcome.
City Manager Zervis stated that when the discrepancy was found during an audit, the resident was billed accordingly.
7) CONSENT CALENDAR:
a) Approval of Minutes from the regular meeting of August 18, 2009.
b) Approval of Bill Paying List, total amount of $1,184,128.69.
c) Acknowledge Receipt of Correspondence.
d) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
Without discussion Member Wegman made a motion to approve calendar, 2nd by Member Cortez. Motion carried with a 5-0-0 vote.
8) Report, Public Hearing and Possible Introduction 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 TO ESTABLISH HOTEL/MOTEL SEWER SERVICE RATES. (Allen)
Mayor West opened the public hearing.
Public Works Director Allen gave the staff report recommending the amendment to Chapter 13.14, Section 13.14.020 to establish Hotel/Motel sewer service rates.
The amendment corrects the omission identified in the previously approved ordinance which did not contain the service charge for hotels/motels within the sewer fee schedule.
Allen reported that staff had mailed notice to the owners of record of the three affected parcels stating the amount of the proposed charges, the basis of the calculation, the reason for the charges and the date time and location of the public hearing.
The City Clerk read the only letter received by the Clerks office from Sam Patel of Best Western Hotel Inn and Suites written in opposition to the amendment and flat rate at which the calculations are based.
There was lengthy discussion regarding the flat rate per room/bed ratio, peak flow calculations, occupancy report ratio, comparisons with other businesses in Wasco, comparisons with other hotels in similar cities, and cost driven ratios.
Greg Black of Palmetto Engineering spoke of the calculations used to arrive at the proposed fee.
Staff recommended rates be driven by local costs and not comparisons to other cities or hotels.
Mayor West stated that he did not agree with using replacement costs in the calculations and also had issue with the 100 % occupancy ratio.
Member Hively and Espitia suggested comparisons with Selma or Corcoran; cities similar in size and location.
There was a consensus that the council wanted more information from staff regarding the proposed fee and comparisons.
City Manager Zervis recommended that the council accept the first reading tonight and staff will supply additional information as requested.
Mayor West closed the public hearing at 7:43p.m.
Member Hively made a motion to approve the first reading, 2nd by Member Cortez. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
9) Report, Public Hearing and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING ORDINANCE REGARDING WATER CONSERVATION WATERING HOURS: SECTION 13.22.050 (b) (c). (Allen)
Mayor West opened the public hearing.
Public Works Director Allen gave staff report and recommended amending the ordinance section relating to watering hours from 8:00 a.m. to 10:00 a.m. to 8:00 a.m. to 10:00 p.m.
There was discussion regarding peak watering hours, water meters and their regulatory factor, and the most practiced recommended hours of watering.
After discussion council determined that the hours of water should be from 4:00 a.m. to midnight.
Mayor West closed the public hearing at 7:58 p.m.
City Manager Zervis stated that staff will make the changes and bring back the ordinance for introduction.
10) Report, Public Hearing and Possible Approval, RE: 09-2661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING A NEGATIVE DECLARATION (SCH# 2009041084) FOR THE CITY OF WASCO WELL #12. (Allinder)
Mayor West opened the public hearing.
PMC Consultant Allinder gave staff report recommending approval of the resolution adopting the Negative Declaration for Well #12.
Mayor West asked for comment, hearing none, closed the public hearing at 7:59 p.m.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
City Clerk Hight read the resolution title
11) Report and Possible Approval, RE: 09-2662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ELECTING TO RECEIVE AS "PASS THROUGH" TO THE CITY FUNDS PAYABLE BY THE WASCO REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 33607.5(b). (Zervis)
City Manager Zervis gave the staff report and recommended approval.
There were no questions or comments.
Member Cortez made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
City Clerk Hight read the resolution title
12) Report and Possible Approval, RE: Park and Recreation District request for the City of Wasco to donate a Dial-A-Ride bus and driver to transport 16 senior citizens to the Kern County Fair and back, on September 25, 2009. (Allen)
Public Works Director Allen requested direction and approval.
Without discussion, Member Wegman made a motion to approve, 2nd by Member Hively. Motion carried with a 4-0-1 vote. Member Espitia abstained.
13) Report, Discussion and Possible Minute Action, RE: City of Wasco Resolution No. 337 of the City Council of the City of Wasco, which established a policy regarding the appointment of members to City Boards and Commissions. (City Clerk Hight)
City Clerk Hight gave the report and requested direction/discussion regarding term limits and residency issues of local appointments to boards and commissions.
Member Cortez stated that he was in favor of term limits.
Mayor West stated that term limits had a purpose.
There was brief discussion regarding term limits, qualifying candidates by voter registration.
Member Wegman stated her favor of voter registration requirements.
Direction was given to the Clerks office and staff to bring back a resolution for council consideration with no change to term limits but adding the requirement of appointee being a registered voter within the jurisdiction of said board or commission.
14) Public Disclosure by City Mayor Pro Tem Espitia Concerning the City's Homebuyer Program and Relevant Federal Conflict of Interest Regulations. (Mayor Pro Tem Espitia)
Member Espitia made the following statement:
"I would like to disclose a potential conflict of interest that has just come to my attention.
In January of 2009, I put my home on the market and began to look for homes that would suit my family's needs.
In early August 2009, a homebuyer made an offer to purchase my home. Unbeknownst to me, this homebuyer, Mr. Jara, had applied for assistance from the Home Investment Partnership Program. This homebuyer has been deemed qualified for this program. I did not know that this homebuyer had been approved to participate in the Home Program.
I have in no way participated in any discussion or granting of the loan to the applicant and homebuyer of my home.
The potential or perceived conflict of interest is that in July of 2007, the City Council passed a resolution authorizing the submittal of the City's application to the State under the HOME "Homebuyer Program". As Councilmember and Mayor of the City, I joined in the vote and signed the resolution.
I have consulted with the City Attorney to make sure that there is no conflict of interest.
I was advised that, since I have had no involvement in the oversight or management of the program or the day to day activities of the program or in any decisions related to the granting of any program loans to any applicants, the potential or perceived conflict of interest would probably be waived.
The City has asked that HUD and the HCD grant an exception to the prohibition on conflicts.
The City Attorney believes that the potential conflict of interest under section 92.356 will be waived, as all the requirements for exception under that section have been met".
Assistant City Attorney E. Plaza stated that she had a memorandum from Yvette Litten-Mayfield where at the conclusion of her memo she states: "At no time during the qualification process did I have contact with the Espitia's regarding the qualifications of this applicant and in fact the only contact at all was during the inspection process as stated above. All program guidelines were followed during the processing of this applicant".
No action or comments.
15) Report and Possible Minute Action, RE: Approval of Agreement for City Attorney Services with Thomas F. Schroeter Attorney At Law. (Mayor West and Council Member Hively)
Mayor West suggested that this item be tabled until after closed session.
Member Cortez made a motion to table, 2nd by Member Hively. Motion carried 5-0-0.
16) REPORTS FROM CITY STAFF
Sgt Armendariz gave a staff report on recent injury of Deputy and replacement, gang unit activity, DUI check point, and SAL involvement in community ally clean up days.
17) REPORTS FROM CITY ATTORNEY
Assistant City Attorney Plaza reported that a possible settlement previously authorized by council was reached. Further disclosure can be given during closed session at will of council.
18) REPORTS FROM CITY MANAGER
City Manager Zervis reported that discussions and plans were underway with local law enforcement, code enforcement, county fire department, and SWAT teams to hold a "City Service Day" to inform public of services.
Zervis also explained the issue of Yolanda Ortiz and her water bill she spoke about during public comment on the agenda. Zervis stated the common practice of the city and that legally, the city can charge back 4 years for cost recovery. He also stated that staff is working on a policy for consideration.
19) REPORTS FROM CITY COUNCIL
Wegman: asked staff why there was still alley clean up when the addition of the 90 gallon waste containers were promoted to alleviate the burden of set aside alley cleanup.
Member Espitia made a motion to recess to closed session at 8:25 p.m., 2nd by Member Cortez. Motion carried 5-0-0
Mayor West reconvened regular meeting at 8:55 p.m.
20) CLOSED SESSION:
a) Public Employment: Interview with Applicant for City Attorney Position Per Government Code Section 54957.
Member Hively made a motion to contract Thomas F. Schroeter as City Attorney, 2nd by Member Wegman. Motion carried with a 3-2-0 vote. Members Cortez and Espitia opposed.
21) ADJOURNMENT Member Hively made a motion at 8:56 p.m. to adjourn to Wasco Redevelopment Agency Meeting, 2nd by Member Cortez. Motion carried, meeting adjourned.
_______________________________ ___________________________
Vickie Hight, City Clerk Fred West Jr., Mayor
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