City of Wasco
City Council Minutes
December 15, 2009
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER Mayor Espitia called the meeting to order at 7:00a.m.
2) FLAG SALUTE
3) INVOCATION: Danny Arellano of Primera Iglesia Bautista offered the invocation
4) ROLL CALL
Mayor Espitia, Members; Cortez, Espitia, Hively,
Absent: Wegman and West
Attorney T Schroeter, Assistant City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Allinder, Sgt Craig
5) PRESENTATIONS AND AWARDS: Certificate of Recognition presented to Mr. Gilbert Garland for his 16 years of dedicated service with the Wasco Recreation and Parks District.
Mayor Espitia presented the plaque to Mr. Garland who in turn thanked the council for the opportunity to serve on the Parks and Recreation board.
6) COMMUNICATIONS FROM THE AUDIENCE:
Charles Wegman 1848 G Street spoke of a recent communication to the council where he thought that the City had not issued his business license. He thanked the Council and staff for looking into that issue.
Member West arrived at 7:07p.m.
7) CONSENT CALENDAR:
a) Approval of Bill Paying List, total amount of $568,734.35
b) Acceptance of Sheriff's Activity Report for the Month of November 2009.
c) Acceptance of Code Enforcement Report for the Month of November 2009.
d) Acceptance of Animal Control Report for the Month of November 2009.
e) Acceptance of Monthly Building Permit Report for November 2009.
f) Acceptance of Investment Policy and Compliance Report for the Month of November 2009.
g) Community Development Department Project Status Report for the Month of November 2009.
h) Second Reading and Possible Adoption of an Ordinance, RE: 09-595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 09-03 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTERS 17.23 (COMMERCIAL RETAIL ZONES), CHAPTER 17.31 (HEAVY INDUSTRIAL ZONES), CHAPTER 17.54 (PRECISE COMBINING DISTRICT/PERMIT REVIEW GUIDELINES) AND CHAPTER 17.51 (DESIGN DISTRICTS) AS REFLECTED IN EXHIBIT A.
i) Second Reading and Possible Adoption of an Ordinance, RE: 09-596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 09-05 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTERS 17.54 (PRECISE DEVELOPMENT COMBINING DISTRICT/PERMIT REVIEW GUIDELINES) AND CHAPTER 17.75 (PERMIT PROCEDURES) AS REFLECTED IN EXHIBIT A.
j) Second Reading and Possible Adoption of an Ordinance, RE: 09-597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 09-06 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTER 17.19 (RESIDENTIAL DISTRICT SPECIFIC STANDARDS), CHAPTER 17.51 (DESIGN DISTRICTS) AND CHAPTER 17.60 (OFF-STREET PARKING STANDARDS) AS REFLECTED IN EXHIBIT A.
k) Acknowledge Receipt of Correspondence.
l) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the ordinance titles
8) Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.
City Manager Zervis gave the balance of the fund as $188,620.01. There has been no change in the fund total from last report. No action taken.
9) Public Hearing, Second Reading and Possible Adoption of an Ordinance, RE: 09-598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE SECTION 13.14.020 TO ADD AN ALTERNATIVE SEWER SERVICE RATE CALCULATION FOR COMMERCIAL CUSTOMERS ELECTING TO UTILIZE SAME. (Allen)
Mayor Espitia opened the public hearing.
Public Works Director Allen gave a brief report stating the rate was based on the volumetric flow through the customer's water meter which creates an alternate fee calculation.
Mayor Espitia asked for comments from Council or audience.
Hearing none closed the public hearing at 7:07.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the ordinance title
10) Report and Possible Approval, RE: 09-2679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ESTABLISHING RATES FOR THE ALTERNATIVE SEWER CHARGE PROGRAM. (Allen)
Public Works Director Allen gave a brief report stating that this resolution sets the fee rate to be used with the previous Ordinance providing an alternate calculation.
Mayor Espitia asked for comments from Council or audience.
Member Hively made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the resolution title
Member Cortes made a motion to hear items 14 and 15 for the convenience of audience members, 2nd by Member West. Motion carried 4-0-1. Member Wegman absent
Mayor Espitia heard item 14) and 15) they are listed in numerical order in the minutes
11) Report, Public Hearing and Possible Approval of a Resolution, RE: 09-2680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AND ADOPTING THE CITY OF WASCO DOWNTOWN REVITALIZATION STUDY AND DOWNTOWN BUSINESS DISTRICT MARKET PLAN AND ACCOMPANYING NOTICE OF EXEMPTION, AS REFLECTED IN EXHIBIT A. (Allinder)
Mayor Espitia opened the public hearing.
PMC consultant presented the Downtown Revitalization Study and Downtown Business District Market Plan to the Council and recommended adoption before the end of the year to meet the grant requirements for reimbursement.
Allinder also stating that this is a living document that can and will be amended and that this is the first step of many.
Mayor Espitia asked for comments from Council or audience.
Hearing none closed the public hearing at 8:43.
Member Hively made a motion to approve, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the resolution title
12) Report, Public Hearing and Possible Approval, RE: 09-2681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE ANNUAL AND FIVE-YEAR REPORTABLE FEES REPORT FOR FISCAL YEAR 2008-2009, IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66006 AND 66001. (Zervis)
Mayor Espitia opened the public hearing.
City Manager Zervis gave the report of the seven separate development related fees that are required by Government Code Section 66000 66001 and 66006. The city must provide an annual report accounting for the collection of these fees. Mr. Zervis recommended approval of the resolution.
Mayor Espitia asked for comments from Council or audience.
Hearing none closed the public hearing at 8:45.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the resolution title
13) Conduct a Public Hearing to inform citizens of the funding available through the Community Development Block Grant (CDBG) Program and to obtain public input on the proposed 2009/2010 Application to the General Planning and Technical Assistance Allocation of the State CDBG Program. (Zervis)
Mayor Espitia opened the public hearing.
City Manager Zervis gave the staff report and read into the record the required verbiage to meet the grant requirements.
Clerk passed a sign in sheet for those in the audience to sign.
Written comments are to be sent to the City Manager at 746 8th Street, Wasco, Ca 93280.
Mayor Espitia asked for comments and questions, hearing none closed the public hearing at 8:49p.m.
No action taken.
14) Report, Public Hearing and Possible Approval, RE: 09-2682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING TO THE CITY OF WASCO NON-DISPOSAL FACILITY ELEMENT OF THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN, TO INCLUDE THE J.S. MARTIN TRANSFER STATION IN THE CITY OF WASCO NON-DISPOSAL FACILITY ELEMENT AS REFLECTED IN EXHIBIT A. (Allinder)
Mayor Espitia opened the public hearing.
PMC consultant Allinder gave the report of the debris recycling facility and recommended approval of the resolution.
Mayor Espitia asked for comments from Council or audience.
Hearing none closed the public hearing at 7:15.
Member Cortez made a motion to approve, 2nd by Member West.
Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the resolution title
15) Report and Possible Minute Action, RE: An Appeal of City's Determination that the Tenants of the 2005 4th Street were Eligible for Relocation Benefits Pursuant to Article 2.5, Chapter 5, Part 1.5 of Division 13 of the California Health & Safety Code, commencing with Section 17975. (Allinder)
Member Cortes stated a Conflict of Interest and left the Council Chambers.
PMC consultant Allinder gave a brief report of the appeal and stated that council should hear the appeal and take minute action to either uphold the determination or grant the appeal.
Attorney Darrel Voth represented the property owner. Tamara Arancibia from California Rural Legal Assistance represented the tenant.
Council heard and read argument by both counsels.
Code Compliance Officer Rene Reyes gave a report of the inspection and ultimate determination of uninhabitable.
After a lengthy presentation and arguments, Member West made a motion to grant the appeal and deny the relocation benefits, 2nd by Member Hively. Motion carried with a 4-0-1
Member Wegman absent.
16) Report and Possible Approval, RE: 09-2683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF WASCO FOR THE FISCAL YEAR ENDED JUNE 30, 2009. (Zervis)
City Manager Zervis gave a brief report stating that this report is the same one given December 1st meeting. This resolution is accepting the report and he recommended approval.
Mayor Espitia sked for comments or questions, hearing none, Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the resolution title
17) Report and Possible Approval, RE: 09-2684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A 2009/2010 APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE GENERAL PLANNING & TECHNICAL ASSISTANCE (PTA) ALLOCATION OF THE STATE CDBG PROGRAM. (Zervis)
City Manager Zervis gave a brief staff report stating that this resolution relates to previously heard resolution. The funds will be used to update the City's citywide housing conditions survey from 2004. He reported the local match is 4% and will be funded by CDBG Program Income and recommended approval.
Mayor Espitia asked for comment or questions, hearing none, Member Hively made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively, and West
NOES: None
ABSTAIN: None
ABSENT: Wegman
City Clerk Hight read the resolution title
18) Report and Possible Approval RE: Employee Benefits Renewal for the Calendar Year 2010. (Zervis)
City Manager Zervis gave a report of the 2010 benefit package for the city employees and recommended approval. He stated that the package is in compliance with the MOU. He reported that there was a change in the medical plan with a 20% employee paid co-insurance after the deductable is met, up to the out of pocket maximum amount.
Mayor Espitia asked for comments or questions, Member Hively made a motion to approve, 2nd by Member Cortez. Motion carried 4/0/1 Member Wegman absent.
19) REPORTS FROM CITY STAFF
Sgt Craig gave a brief report of current projects.
20) REPORTS FROM CITY ATTORNEY none
21) REPORTS FROM CITY MANAGER
Reported on open enrollment for employees and council on Wednesday morning at 9:00a.m. or 1:30 p.m.
He also reported he will be attending CDCR prison expansion meeting and High Speed Rail meeting on Thursday.
22) REPORTS FROM CITY COUNCIL
Hively stated that the soccer park is looking good and green
Member Cortez made a motion to recess to RDA agenda, 2nd by Member Hively, all in favor.
Mayor Espitia reconvened regular meeting at 9:30p.m.
Member Hively made a motion to move into closed session, 2nd by Member Cortez, all in favor.
23) CLOSED SESSION:
a) Conference with Legal Counsel Regarding Claim Filed by Darrell Gereke Per Government Code Section 54956.9(b).
Mayor Espitia reconvened regular meeting at 9:45p.m.
Attorney Schroeter reported that by motion of Member West, 2nd by Member Espitia to deny the claim. All in favor, motion carried. Member Wegman absent.
24) ADJOURNMENT
Member Cortez made a motion to adjourn, 2nd by Member Hively, meeting adjourned at 9:46p.m.
________________________________ ______________________________
Vickie Hight, City Clerk Danny Espitia, Mayor
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