City of Wasco
City Council Minutes
May 4, 2010
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER Mayor Espitia called the meeting to order at 7:15p.m.
2) FLAG SALUTE
3) INVOCATION: Bill Lewis of Griffith Avenue Baptist Church offered the invocation.
4) ROLL CALL
Present: Mayor Espitia, Members: Cortez, Hively
Absent: Wegman and West
Also Present: City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Millar, Sgt Craig
5) PRESENTATIONS AND AWARDS:
Mayor Espitia awarded a commendation to Wasco Pizza and Diner for their improvements made to their property.
6) COMMUNICATIONS FROM THE AUDIENCE:
John Martin, spoke of his disappointment that his request of an item on the agenda was not on this evenings agenda and that he had not been told by staff that it would not be on the agenda and asked to be placed back on the agenda for consideration.
Linda Plotner, 705 Poso Drive, spoke of her need of the storage bin on her property as it is the only garage she has.
Pauline Marquez, 2424 Jasmine, asked the Council if there was support or an acknowledgement of The National Day of Prayer.
7) CONSENT CALENDAR:
a) Approval of Minutes from the following meetings:
- Special Meeting on April 5, 2010
- Budget Workshop on April 6, 2010
- Regular Meeting on April 6, 2010
b) Approval of Bill Paying List, total amount of $489,129.91
c) Report and Possible Approval, RE: A revised City of Wasco Policy for the Anti-Drug & Alcohol Misuse Prevention Program as required by Department of Transportation and Federal Transportation Administration Regulations dated March 31, 2010.
d) Report and Possible Approval, RE: 10-2704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING THE CITY OF WASCO HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN.
e) Report and Possible Approval, RE: 10-2705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING THE REVISED CITY OF WASCO SECTION 125 CAFETERIA PLAN.
f) Acknowledge Receipt of Correspondence.
g) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
Without discussion Member Hively made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively
NOES: None
ABSTAIN: None
ABSENT: Wegman, West
City Clerk Hight read the resolution titles
8) Report, Discussion and Possible Minute Action, RE: Wasco Housing Authority Tenant Commissioner Appointments. (City Clerk Hight)
City Clerk Hight gave staff report, told the Council that Tenant Commissioners Alvarado and Bernal, and At-Large Commissioner Jackson were in the audience and all were seeking re-appointment. In regards to the Commissioner seat vacated by Tara Lara, a letter of request for appointment had been received from tenant Rafael Orozco. Mr. Orozco was not in attendance.
Mayor Espitia asked if any of the Commissioners would like to speak, there was no response.
Member Hively made a motion to re-appoint Bernal and Alvarado to their tenant commissioner seats for a two year term, re-appoint Jackson to another and last 4-year term and appoint Orozco to the remainder of Laras term ending in May of 2012, 2nd by Member Cortez. Motion carried with a 3-0-2 vote. Members West and Wegman absent.
9) Public Hearing, Second Reading and Possible Adoption of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO ADDING CHAPTER 12.06 TO THE WASCO MUNICIPAL CODE TO PROVIDE FOR THE DUTY OF PROPERTY OWNERS TO MAINTAIN AND REPAIR ADJOINING SIDEWALKS AND LANDSCAPING AND THEIR LIABILITY FOR FAILURE TO DO SO. (Zervis)
City Manager Zervis gave staff report and told of the introduction of the first reading.
Mayor Espitia opened the public hearing.
Pauline Marquez 2424 Jasmine asked for clarification of the ordinance regarding her neighbor and a broken wheelchair accessible sidewalk. Staff responded.
Erline Borjone 1034 Oak St. opposed the policy.
Jose Lona 1575 Shamrock, opposed the policy
Member Cortez spoke of his hesitancy to support portions of this ordinance but stated that responsibility must be shared by the residential property owner
Member Hively explained to the audience the responsibility of the developer when tracts are built, and the responsibility of the property owner.
Jack Little 1502 2nd Street, asked for direction concerning installation of sidewalks. Mayor Espitia responded with procedures and referred him to staff.
Bert Marquez 2424 Jasmine, heard regarding street improvements and a tree at the VFW building on E Street.
Julio Bernal 632 H Street asked about street improvements.
Tim Spannel 1101 Oak Street, asked for direction for removal of trees in his neighborhood. Mayor Espitia responded with procedures and referred him to staff.
Mayor Espitia asked for further comments or questions, hearing none the public hearing at 7:50pm.
Member Hively made a motion to adopt the ordinance, 2nd by Mayor Espitia.
Motion did not carry with the following vote: 2-1-2, Member Cortez voted No.
Members Wegman and West absent.
10) Report, Public Hearing and Adoption of an Ordinance, RE: EXTENSION OF INTERIM ORDINANCE NO. 2010-606 OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING MEDICAL MARIJUANA DISPENSARIES UNTIL COMPLETION OF A ZONING ORDINANCE REGULATING THE LOCATION AND CONDITIONS FOR OPERATION OF SAME. (Allinder)
Mayor Espitia opened the public hearing.
Community Development Director Allinder gave a brief report and stated that the passage of the urgency ordinance requires a 4/5s vote, therefore staff was recommending continuing public hearing to the next council meeting.
Mayor Espitia continued the public hearing to the May 18th meeting.
11) Report, Public Hearing and Possible Approval, RE: 10-2706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A REVISED PROGRAM INCOME REUSE PLAN FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND RELATED PROGRAM PARTICIPATION GUIDELINES. (Zervis)
Mayor Espitia opened the public hearing.
A sign in sheet was distributed.
City Manager Zervis read the staff report and presented the necessary verbiage required for the resolution.
Mayor Espitia asked for comments or questions, hearing none closed the public hearing at 7:53pm.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively
NOES: None
ABSTAIN: None
ABSENT: Wegman, West
City Clerk Hight read the resolution title
12) Report, Public Hearing, RE: Conducting 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 CDBG activities to pursue in FY 2010/2011. (Zervis)
Mayor Espitia opened the public hearing.
A sign in sheet was circulated in the room.
City Manager Zervis read the staff report and the appropriate language into the record and asked for written comments to be submitted to the City Manager at the City Hall address.
Wasco Housing Authority Executive Director Mark Smith presented a request for funding. He distributed a packet to each councilmember in attendance and asked they consider their project for funding.
Public Works Director Allen presented a request for funding an internal project regarding waterlines and available flow.
No action taken.
13) Report, Discussion and Possible Approval, RE: 10-2707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING DEFERRAL OF THE SANITATION IMPACT FEE, WATER SYSTEM IMPACT FEE, SEWER CONNECTION CHARGES, AND TRAFFIC IMPACT FEE FOR RESIDENTIAL DEVELOPMENT. (Allinder)
Community Development Director Allinder gave the staff report and recommended approval of deferral of certain fees for residential.
Without public discussion, Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively
NOES: None
ABSTAIN: None
ABSENT: Wegman, West
City Clerk Hight read the resolution title
14) Report and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING CHAPTER 13.06 (SANITATION IMPACT FEE), CHAPTER 13.10 (WATER SYSTEM IMPACT FEE), CHAPTER 13.12 (SEWERS), AND CHAPTER 13.16 (SEWER CONNECTION CHARGES) OF THE CITY OF WASCO MUNICIPAL CODE, AS REFLECTED IN EXHIBIT A (MUNICIPAL CODE TEXT AMENDMENT 10-02). (Allinder)
Community Development Director Allinder gave the staff report and recommended approval of deferral of impact fees for nonresidential.
Without public discussion, Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Cortez, Hively
NOES: None
ABSTAIN: None
ABSENT: Wegman, West
City Clerk Hight read the ordinance title
15) REPORTS FROM CITY STAFF
Duviet Rodriguez reminded Members of the Budget meeting tomorrow at 4:00
Hight reminded Members of Chile Verde Cook off on Friday evening.
Dan Allen reported of grant funding received for multi-fuel vehicles for the City of Wasco.
16) REPORTS FROM CITY ATTORNEY None
17) REPORTS FROM CITY MANAGER Spoke of the High Speed Rail meeting held this afternoon and of a letter of support from Bakersfield Mayor Harvey Hall stating support of the High Speed Rail Maintenance Yard location in Shafter or Wasco.
Zervis also spoke of the recent Court/Judge ruling in favor of the State regarding payments of Wasco RDA funds.
18) REPORTS FROM CITY COUNCIL
Cortez, thanked residents for their attendance at the meeting.
Hively, spoke of support for the High Speed Rail Maintenance Yard location in Wasco.
Hively also asked for a Commendation for El Patio, another beautification entry point into Wasco.
Espitia, spoke of his disappointment regarding a residents comment.
Cortez/Hively made a motion to recess to the RDA Agenda at 8:25pm. All in favor
Hively/Cortez made a motion to reconvene regular meeting and recess to closed session at 8:26. All in favor
Mayor Espitia reconvened regular meeting at 9:26pm.
19) CLOSED SESSION:
a) Approval of close session minutes from the April 20, 2010 meeting.
b) Conference with Labor Negotiators:
Agency designated representative (Jim Zervis)
Employee organization: Central California Association of Public Employees, SEIU Local 521 AFL-CIO.
c) Government Code Section 54956.9(a): Pending Litigation.
McIntosh v. City of Wasco.
Attorney Schroeter reported that on motion by Member Cortez and 2nd by Member Hively and unanimous vote the minutes were approved.
No other action taken.
20) ADJOURNMENT Mayor Espitia adjourned the regular meeting at 9:26pm.
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Vickie Hight, City Clerk Danny Espitia, Mayor
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