MINUTES
WATERFORD CITY COUNCIL - REGULAR
MEETING WATERFORD CITY HALL, CITY
COUNCIL CHAMBERS 101 “E” STREET,
WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR ALDACO AT: 6:30 pm
FLAG SALUTE: Mayor Aldaco
ROLL CALL PRESENT:
Mayor Aldaco
Vice Mayor Ewing
Council Member Hilton
Council Member Kitchens
Council Member Talbott
ABSENT: None.
STAFF PRESENT:
Michael Pitcock, City Manager
Corbett Browning, City Attorney
Patricia Krause, City Clerk / Assistant to the City Manager Michael Parker, Police Chief
ADOPTION OF AGENDA:
ACTION: By motion moved and seconded (CM Hilton/ CM Talbott / 5-0) to adopt the Agenda.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
CONFLICT OF INTEREST DECLARATION:
None.
WATERFORD CITY COUNCIL REGULAR MEETING – October 20, 2022 - 6:30 PM DocuSign Envelope ID: 2603AA42-5370-40C3-83AD-10CE44E51BA3
1. 2.
Michelle Finch of the Waterford Parks and Recreation Commission has the Council to consider providing funding for a sensory park.
Mr. Danny Reynolds requested help in securing a location to do a fundraiser for and honor the life of the young Waterford Cheerleader who passed away.
Dana Bright proposed that the Council consider an ordinance that would limit the number of alcohol licenses allowed within the City of Waterford.
3. 3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-52, Approving the Warrant Register in the Amount of $1,274,016.72 for the Period of September 7 to October 6, 2022. 3c: MOTION: Approving Minutes of the Regular City Council Meetings held September 15 and October 6, 2022.
ACTION: By motion moved and seconded (VM Ewing / CM Kitchens / 5-0) to removed item 3d for separate consideration and adopt the remaining items on the consent calendar.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
3d: MOTION: Approving the Appointment of Lynn Meshew to the Planning Commission as an Alternate Commissioner, for a Two-Year Term Ending July 2024 by majority vote of the City Council as provided in Waterford Municipal Code Section 2.24.010.
Councilmember Talbott asked for clarification of the ordinance that allowed non-Waterford residents to serve on the Planning Commission.
ACTION: By motion moved and seconded (VM Ewing / CM Kitchens / 4-1) to Approving the Appointment of Lynn Meshew to the Planning Commission as an Alternate Commissioner, for a Two-Year Term Ending July 2024 by majority vote of the City Council as provided in Waterford Municipal Code Section 2.24.010.
AYES: Aldaco, Ewing, Hilton, Kitchens
NAYS: Talbott
ABSENT: None
ABSTAIN: None
Motion passed 4-1.
COMMUNICATIONS FROM THE AUDIENCE
PRESENTATION
ADOPTION OF CONSENT CALENDAR
DocuSign Envelope ID: 2603AA42-5370-40C3-83AD-10CE44E51BA3
4. 5.
5a: RESOLUTION: Resolution 2022-53, of the Waterford City Council Regarding Appeal No. 2022- 0001, Reversing the Planning Commission’s Decision and Approving Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 for the Proposed Arco AM/PM Project, located at 12725 Yosemite Boulevard, APN No. 134-006-013. (Niskanen) Planning Manager Niskanen gave a presentation explaining the parameters of the project.
Mr. Petralakis, representing the developer, explained the benefits of the project.
Public Hearing opened: 6:56 pm
Barbara McCann, the manager of Sports Stop spoke out against the project, stating the town does not need another gas station.
Michael Mays, a tournament fisherman, spoke out against the project, stating the town does not need another gas station.
The spokesman for Chris Smith stated that he would be glad to have a gas station that offers higher grade gasoline and would like to see the lot developed.
Lacy Harris, stated there is no need for another gas station in town, a clothing store would be a better investment for the community.
Mr. Abatar had more petitions to give to the Council if needed and commented if a gas station gets closed down, it costs money to remove the tanks. He also commented that lager corporations are killing of the smaller Mom and Pop stores.
Mr. Rupinder stated that the bigger stores could kill off the smaller stores or there could be more competition and it could be better.
Mr. Singh stated that his family came to Waterford as immigrants and spent their lives building this business and asked that the City look out for the small business owners.
Mr. Petralakis addressed some of the concerns that the citizens were speaking about and acknowledged that it was not an easy decision, but that ultimately the decision for the Council to make was over the use of the land, and if it was within the scope of the zoning, it should be approved.
Dana Bright agreed that the corner needed to be developed, but how would the town look if a number of the smaller businesses had to close and were boarded up? Mr. Abatar stated that the AM/PM would be bringing in more alcohol to the town, which was not needed.
Public Hearing Closed: 7:19 pm
ACTION: By motion moved and seconded (VM Ewing / CM Kitchens / 4-1) to Approve Resolution 2022-53, of the Waterford City Council Regarding Appeal No. 2022-0001, Reversing the Planning Commission’s Decision and Approving Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 for the Proposed Arco AM/PM Project, located at 12725 Yosemite Boulevard, APN No. 134-006-013.
AYES: Aldaco, Ewing, Hilton, Kitchens
NAYS: Talbott
ABSENT: None
ABSTAIN: None
Motion passed 4-1.
Mayor Aldaco adjourned the meeting for a five minute recess at 7:21 pm Mayor Aldaco resumed the meeting back to order at 7:26 pm.
FINAL READINGS
PUBLIC HEARINGS
DocuSign Envelope ID: 2603AA42-5370-40C3-83AD-10CE44E51BA3 5b: ORDINANCE: Introduction and First Reading of Ordinance 2022-03 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and 15.04.020. (Pitcock) Public Hearing Opened: 7:28 pm
Public Hearing Closed: 7:28 pm
ACTION: By motion moved and seconded (CM Talbott / VM Ewing / 5-0) to Approve the Introduction and First Reading of Ordinance 2022-03 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and 15.04.020.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
6. 6a: RESOLUTION: Approving Resolution 2022-54, in Concurrence with the 2021-2022 Consolidation Annual Performance Report (CAPER) and Support of Submission to the U.S.
Department of Housing and Urban Development (HUD). (Statzer).
ACTION: By motion moved and seconded (VM Ewing / CM Talbott / 5-0) to Approve Resolution 2022-54, in Concurrence with the 2021-2022 Consolidation Annual Performance Report (CAPER) and Support of Submission to the U.S. Department of Housing and Urban Development (HUD).
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
6b: MOTION: Awarding Bid and Approving an Agreement with Taylor Backhoe Services, Inc in the Amount of $298,237.60 for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Manager to Execute the Agreement. (Statzer) ACTION: By motion moved and seconded (VM Ewing / CM Talbott / 5-0) to Award the Bid and Approve an Agreement with Taylor Backhoe Services, Inc in the Amount of $298,237.60 for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Manager to Execute the Agreement.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
GENERAL BUSINESS
DocuSign Envelope ID: 2603AA42-5370-40C3-83AD-10CE44E51BA3 6c: RESOLUTION: Approving Resolution 2022-55, Approving Change Order #1 and Accepting Improvements for Project No. 2022-08, “Pecan Avenue Sewer Repair” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer)
ACTION: By motion moved and seconded (CM Talbott / VM Ewing / 5-0) to Approve Resolution 2022-55, Approving Change Order #1 and Accepting Improvements for Project No. 2022-08, “Pecan Avenue Sewer Repair” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
7. 8.
8a: City Project List
8b: Business License Report – September 2022
9. 9a: City Staff
Chief Parker gave the September crime stats as well as the traffic activity and concerens within town.
Chief Parker updated the Council on the mst recent calls of interest.
City Clerk Krause reminded the Council and citizens of the upcoming Trunk or Treat on October 31st.
City Attorney Browning stated there was no closed session for the evening and gave more clarification to Councilmember Talbott regarding the Ordinance on the Planning Commission.
City Manager Pitcock updated the Counil on the most recent housing meetings he had attending with Stanislaus County as well as a status update on the dog park. 9b: City Council
Vice Mayor Ewing had no comments.
Councilmember Hilton had no comments.
Councilmember Kitchens had no comments.
Councilmember Talbott commented that it would be a great thing if Waterford could provide a Sensory Park to its residents. Mrs. Talbott also stated that she was willing to give up her Trunk or Treat Spot to allow for Mr. Reynolds to do his fundraising. Councilmember Talbott stated she was frustrated over the lack of question and discussion from her fellow Councilmembers over the Appeal Project.
Mayor Aldaco spoke about property rights and how they affect development within the City. Mayor Aldaco also gave an update about the recent StanCOG meeting he had attended and gave his experience of his participation in the “Day in the Life of a Disabled Person” project.
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY DocuSign Envelope ID: 2603AA42-5370-40C3-83AD-10CE44E51BA3
10. ACTION: By motion moved and seconded (VM Ewing / CM Talbott / 5-0) to adjourn meeting at 7:54 pm.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
11. 11a: "CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION" (Pursuant to Government Code Section 54956.9(b))
12. 12.
PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on November 3, 2022 by the following vote:
AYES: Aldaco, Hilton, Kitchens, Talbott
NOES: None
ABSTAIN: None
ABSENT: Ewing CITY OF WATERFORD:
________________________
Jose M. Aldaco, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk
CLOSED SESSION
ADJOURNMENT / RECESS
REPORT OUT OF CLOSED SESSION
DocuSign Envelope ID: 2603AA42-5370-40C3-83AD-10CE44E51BA3