City of Wasco
Minutes of Regular Meeting
TUESDAY, June 20, 2006
1. CALL TO ORDER, Mayor Pro Tem Espitia called the meeting to order at 7:08 p.m.
2. FLAG SALUTE
3. INVOCATION: Pastor Mike Bradley Grace Community Church delivered the invocation.
4. ROLL CALL Present: Mayor Pro Tem Espitia, Council Members: Cortez, Pearson, and Wegman. Mayor West was absent.
Others Present- City Manager Pennell, City Attorney Peake, City Clerk Hight, Executive Secretary Krause, Finance Director Wooner, Public Works Director Jones, Supt. of Streets and Projects Wren, Economic Development Director Mittag, Treas. Mosqueda, Planning Director Woodcock, Sr. Planner McNamara, Human Resource Manager Randhawa and Sgt. Zimmerman.
5. PRESENTATIONS AND AWARDS: Mayor Pro Tem Espitia read the Proclamation recognizing Childhood Cancer Awareness Week during the week of July 3, 2006 through July 10, 2006.
6. COMMUNICATIONS FROM THE AUDIENCE: NONE
7. CONSENT CALENDAR:
a) Approval of Minutes from the Regular Meeting on June 6, 2006.
b) Approval of Bill Paying List.
c) Acceptance of May 2006 Building Permit Report.
d) Acceptance of Code Enforcement Reports for May 2006.
e) Approval of Contract extension with Morris Janitorial to expire June 30, 2007.
f) Approval of Agreement with Sally Livingston for Professional Grant Writing and Implementation Services at $29 per hour, expiring June 30, 2007.
g) Approval of a 2006-2328 Resolution Requesting the Board of Supervisors of the County of Kern to Render Specified Services to the City relating to the Conduct of a General Municipal Election to be Held on Tuesday, November 7, 2006.
h) Approval of a 2006-2329 Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 7, 2006, For the Election of Certain Officers as required by the Provisions of the Laws of the State of California Relating to General Law Cities.
i) Approval of Memorandum of Understanding between the Services Employees International Union and the City of Wasco to expire June 30, 2008.
j) Approval of Line Item Increase in the amount of $10,725.00 for Monthly Lease of Dial-A-Ride Bus in the amount of $2,681.25/month.
k) Approval of Extension Amendment to Contract with California Department of Corrections for Garbage Collection at Wasco State Prison.
l) Approval of Agreement with State Controller for Preparation of 2005-2006 Street Report, at a Cost Not to Exceed $2,000.
m) Approval of Bid Award to Pioneer Equipment Company for the Lease/Purchase of a Backhoe/Frontend Loader for the Water Division of the Public Works Department for the lease/purchase price of $64,962.69.
n) Approval of a 2006-2340 Resolution Approving an Amendment to Section 8 of the Williamson Act Contract for APNs 489-020-07, 489-020-08 and 489-020-014.
o) Acknowledge Receipt of Correspondence.
p) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
City Manager Pennell pulled item 7i from the calendar for discussion.
Councilmember Wegman pulled item 7b from the calendar for discussion.
Councilmember Pearson made a motion to accept the remaining calendar, 2nd by Councilmember Cortez. All in favor, motion carried with the following vote:
AYES: Mayor Pro Tem Espitia, Council Members Cortez, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the resolution titles.
Councilmember Wegman questioned the uniform costs in the bill paying list, staff provided information. Councilmember Wegman made a motion to accept item 7b, 2nd by Councilmember Cortez. All in favor, motion carried.
City Manager Pennell asked this be continued due to the fact that the MOU has not been finalized as of council meeting. No action taken.
By general consent it was agreed to change the order of item 8) and item 9) to facilitate the audience for the public hearing; item 9).
9. Report, Public Hearing and Possible Approval, RE: 2006-2344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE COMBINED REPORT FOR ABATEMENT OF WEEDS, TRASH, RUBBISH AND DEBRIS AND ASSESSING THE COST THEREOF PURSUANT TO CITY OF WASCO MUNICIPAL CODE CHAPTER 8.24
Mayor Pro Tem Espitia opened the public hearing. Planning Director Woodcock gave a brief report and introduced Shirl Papaian of Fire Prevention Services. Ms. Papaian gave a brief report of services and asked if there were any comments from the audience.
Appeals/opposition were made by the following property owners in attendance:
Sharon Tucker/Ali Chabaz 1031 Poso, Wasco
Tina Gonzalez 1015 Broadway, Wasco
Armando Loya 825 9th Street, Wasco
Noelia Gonzalez 1519 5th Street, Wasco
Willard Lee 2009 1st Street, Wasco
Juan Lozano 1530 4th Street, and 317 F Street, Wasco
PHR- letter
Willie Cole- letter
In attendance were the following who voiced their opposition:
Donnie Ellis
Louella Jackson
Vernon McGuire
Myran Williams
Councilmember Pearson inquired as to the number of notices sent to property owners. Ms Papaian reported that in 2005-402 notices were sent to property owners which resulted in 31 abatements. At this time in 2006-177 notices were sent to property owners and as of right now there are 9 abatements.
With no further comments from the audience, Mayor Pro Tem Espitia closed the public hearing at 8:50 p.m..
Ms. Papaian addressed the Council and said that two properties would be pulled for consideration and that a revised list would be sent to staff.
Councilmember Cortez made a motion to approve, 2nd by Councilmember Pearson. All in favor motion carried with the following vote:
AYES: Mayor Pro Tem Espitia, Council Members Cortez, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the resolution titles.
8. Report, Public Hearing and Possible Approval, RE: 2006-2343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ABATEMENT FEES (continued from June 6, 2006)
Mayor Pro Tem Espitia opened the public hearing. Planning Director Woodcock gave a brief report and re-introduced Shirl Papaian of Fire Prevention Services. Ms. Papaian gave a brief report of fee increase. There were no comments from the audience. Mayor Pro Tem Espitia closed the public hearing at 8:55 p.m. Councilmember Pearson made a motion to approve, 2nd by Councilmember Espitia. All in favor motion carried with the following vote.
AYES: Mayor Pro Tem Espitia, Council Members Cortez, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the resolution title.
10. Report, Public Hearing and Possible Approval, RE: 2006-2345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE RECOMMENDATION OF THE PLANNING COMMISSION IN THE MATTER OF THE APPLICATION OF MERJAN FINANCIAL FOR THE CANCELLATION OF A WILLIAMSON ACT CONTRACT AND AMENDMENT TO THE CITY OF WASCO’S AGRICULTURAL PRESERVE #1 Relating to Assessor’s Parcel Numbers 487-010-04 and 487-010-37 located at the northeast corner of the intersection of Magnolia Ave. and SR 46 (Woodcock) Continued from Meeting on June 6, 2006.
Mayor Pro Tem Espitia opened the public hearing. Planning Director Woodcock gave a brief report. He stated that staff believes that this cancellation is in the best interest of the city and reported the required findings/provisions validating the cancellation of this Williamson Act. Attorney Peake stated that all items were included in the public hearing. Mayor Pro Tem Espitia closed the public hearing at 9:00 p.m. Councilmember Cortez made a motion to approve, 2nd by Councilmember Espitia. Motion carried with the following vote:
AYES: Mayor Pro Tem Espitia, Council Members Cortez, and Pearson.
NOES: Councilmember Wegman
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the resolution title.
10a. Report and Public Hearing regarding FTA section 5311(f) grant application. Mayor Pro Tem Espitia opened the public hearing. Superintendent of Streets & Projects, Bob Wren circulated a sign in sheet to the audience. Mr. Wren then gave a brief review of the project and read the following:
The City of Wasco is requesting a grant of $166,490 from the Federal Transit Authority’s Section 5311(f) Intercity Bus Program. The proposed project will expand the parking facilities at Wasco’s new Transit Transfer Station from seven paved parking stalls to approximately 42 paved parking spaces. The Transit Transfer Station is where Amtrak and two of Kern Regional Transit’s intercity bus routes stop to serve the Wasco community. The larger parking lot will give at least 30 more residents a place to park their vehicle while they travel on Amtrak or Kern Regional Transit. This will create a convenient “park and ride”-type connection so residents can access jobs and services outside of Wasco. Intercity transit is a more affordable transportation
option than the cost to own and operate a car. Intercity transit improves the local air quality because it uses cleaner-burning fuel and reduces the number of cars on the road.
Mayor Pro Tem asked for comments or questions from the audience. Councilmember Pearson inquired as to the type of trees and lighting. Councilmember Wegman suggested research be done of the species of trees to be planted in parking areas.
With no further comments or questions, Mayor Pro Tem Espitia closed the public hearing at 9:05 p.m.
No action was taken.
11. Report and Possible Minute Action, RE: Approval of Extension of Employment Agreement with City Manager to July 31, 2007.
Councilmember Cortez requested extension of City Managers contract to July 31, 2007. Mayor Pro Tem Espitia reported that Mayor West asked this item be tabled. After a brief discussion, Councilmember Pearson made a motion to extend the contract, 2nd by Councilmember Cortez. Motion did not carry with a 2-2- vote. Mayor West absent
12. Second Reading and Possible Adoption of an Ordinance, RE: 2006-521 AN ORDINANCE AMENDING CHAPTER 17 ZONING ORDINANCE OF THE CITY OF WASCO MUNICIPAL CODE RELATED TO TABLE 17-4, AND SECTION 17.19.N; AND AMENDING CHAPTER 16 SUBDIVISION ORDINANCE RELATED TO SECTIONS 16.16, AND 16.28.
Planning Director Woodcock requested second reading and adoption. Councilmember Pearson made a motion to adopt, 2nd by Councilmember Cortez. Motion carried with the following vote:
AYES: Mayor Pro Tem Espitia, Council Members Cortez, Pearson.
NOES: Councilmember Wegman
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the ordinance title.
13. Report, Public Hearing and Possible Approval, RE: 2006-2341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING THE PROPOSED BUDGET FOR FISCAL YEAR 2006-2007.
Mayor Pro Tem Espitia opened the public hearing. Espitia reported that Mayor West requested that this item be tabled. After some discussion regarding the number of employment positions, and the budget committee findings, Councilmember Cortez reported that he and Mayor Pro Tem Espitia “went into the committee meetings with success in mind and spent several hours looking at staffs recommendations for the number of hires and the timeframe for hiring.” Councilmember Cortez requested that they remain with this item and come to a resolution tonight. Finance Director Wooner gave a summery report to the Council and audience. Mayor Pro Tem Espitia asked for public comments; there were none. Councilmember Cortez made a motion to approve, 2nd by Councilmember
Pearson. Motion carried with the following vote:
AYES: Mayor Pro Tem Espitia, Council Members Cortez, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the resolution title.
14. Report and Possible Approval, RE: 2006-2342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR JUNE 30, 2006
Finance Director Wooner reported that in 1979 the city adopted the appropriation limits which protect the citizens of Wasco from city government spending more than they can afford and that the current budget is in compliance.
Councilmember Pearson made a motion to approve, 2nd by Councilmember Cortez. Motion carried with the following vote:
AYES: Mayor Pro Tem Espitia, Council Members Cortez, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Mayor West
Attorney Peake read the resolution title.
15. Report and Possible Minute Action, RE: Approval of Employment Position Descriptions
Director of Code Compliance
City Operations Manager
Transit Dispatcher
Facilities Maintenance Technician II
Utility Technician
City Manager Pennell gave a brief report of the position descriptions. Human Resource Manager Randhawa reported on the classification study. After a brief discussion, Mayor Pro Tem Espitia made a motion to approve Transit Technician, Facilities Maintenance Technician II, and Utility Technician, and requested further information on the first two positions, 2nd by Councilmember Wegman. All in favor motion carried with a 4-0-1 vote. Mayor West absent
16. COOLING CENTERS
a. Explanation of “Cooling Centers” Program in Kern County
Mayor Pro Tem Espitia reported of the program going on around Kern County for assistance and location of “Cooling Centers” for the elderly when the temperature reaches 105 degrees and that the Recreation District is available for program.
b. Report and Possible Minute Action, RE: Request for Support in Order to Participate in “Cooling Centers” Program
Councilmember Pearson made a motion that Councilmember Wegman chair this item, 2nd by Councilmember Cortez, all in favor motion carried. Councilmember Wegman requested that the city cooperate with the Wasco Parks and Recreation District to provide Dial-A-Ride service to seniors who are in need of transportation to and from “Cooling Centers” in the community. Councilmember Pearson made a motion to approve up to $1000.00 to provide Dial-A Ride for transportation to “Wasco Community Cooling Centers”, 2nd by Councilmember Cortez. Motion carried with a 3-0-1-1. Mayor West absent and Mayor Pro Tem Espitia abstained.
17. Report and Possible Minute Action, RE: Recommendation to fill vacancy of unexpired term on the Wasco Planning Commission, term to expire December 31, 2008
City Manager Pennell recommended the appointment of a committee to review applicants for the vacated unexpired term of Commissioner Steward who recently resigned. Councilmember Cortez nominated Councilmember’s Wegman and Espitia to the committee, 2nd by Councilmember Pearson. All in favor motion carried with a 4-0-1 vote. Mayor West absent.
18. REPORTS FROM CITY ATTORNEY-None
19. REPORT FROM CITY STAFF
Woodcock-reported that at the June 12th meeting, the Planning Commission voted that an amendment to existing Outdoor BBQ/Downtown Ordinance was not needed at this time.
He will be attending LAFCO meeting on June 27 where Annexation 37 will be considered. Scoping meeting July 6.
20. REPORTS FROM CITY MANAGER- Requested Council awareness of scoping meeting with Planning Director Woodcock for July 6. Requested Council to keep July 5th in mind for a special meeting of the City Council.
21. REPORTS FROM CITY COUNCIL-
Pearson- Thanked Mr. Gary Steward (who was in the audience) for his service on the Planning Commission.
Cortez-expressed his disappointment that City Manager’s contract was not extended.
Wegman-joined Councilmember Pearson in thanking Mr. Gary Steward.
Councilmember Pearson made a motion to adjourn to R.D.A. meeting, 2nd by Councilmember Wegman. All in favor motion carried.
Mayor Pro Tem Espitia reconvened the regular meeting 10:20 p.m.
Councilmember Wegman made a motion to move into closed session, 2nd by Councilmember Pearson. All in favor motion carried.
22. CLOSED SESSION
Mayor Pro Tem Espitia reconvened regular City Council meeting at 10:40 p.m.
Conference with Legal Counsel RE: State Street Bank v. City of Wasco.
Government Code Section 54956.9(a)
Attorney Peake reported that information was provided and that by unanimous consent direction was given.
23. ADJOURNMENT –10:41 p.m. Councilmember Cortez made a motion to adjourn, 2nd by Councilmember Wegman. All in favor motion carried.
___________________________ _________________________________
Vickie Hight, City Clerk Danny Espitia, Mayor Pro Tem
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