City of Wasco
City Council Minutes
TUESDAY, October 17, 2006 – 7:00 pm
1) CALL TO ORDER- Mayor West called the meeting to order at 7:03 p.m.
2) FLAG SALUTE
3) INVOCATION: Pastor Bill Lewis of Griffith Avenue Baptist Church gave the invocation.
4) ROLL CALL: Mayor West, Council Members: Cortez, Espitia, Pearson, and Wegman.
Others Present- City Manager Pennell, City Attorney L. Peake, City Clerk Hight, Executive Secretary Krause, Accounting Manager Mosqueda, Public Works Director Jones, Superintendent of Streets and City Projects Wren, Planning Director Woodcock, Sr. Planner McNamara, Assistant Planner Tony Jaquez and Sgt. Zimmerman.
5) PRESENTATIONS AND AWARDS: None
6) COMMUNICATIONS FROM THE AUDIENCE: None
7) CONSENT CALENDAR:
a) Approval of Minutes from the Regular Meeting on October 3, 2006.
b) Approval of Bill Paying List.
c) Acceptance of Building Permit Report for September 2006.
d) Acceptance of Code Enforcement Reports:
1. Fire Prevention Services – September 2006
2. Wasco Code Compliance Officer – September 2006
e) Approval of a Resolution #2006-2372 of the City Council of the City of Wasco Authorizing the Signature of Certificate of Acceptance for the Street Right-of-Way Deed Granted by the Wasco Union High School District over Portions of 5th Street and Poplar Avenue.
f) Approval of a Resolution #2006-2367 of the City Council of the City of Wasco Approving Kern Council of Governments Transportation Development Act Streets and Roads Claim for Fiscal Year 2006-2007.
g) Approval of a Resolution #2006-2368 of the City Council of the City of Wasco Approving Correction to the Public Record related to an incorrect Assessor’s Parcel Number referenced in Resolution 1999-1909.
h) Acceptance of “Notice of Completion/Acceptance of Work” for the Transit Transfer Station Project completed by Valley Steel Construction and Authoring the City Engineer to file said Notice.
i) Approval of Bid Award to Griffith Company for the Removal and Replacement of Damaged Concrete in Various Locations in the City of Wasco at a Cost Not to Exceed $199,960.
j) Approval of Resolution #2006-2369 of the City Council of the City of Wasco in the Matter of the Application of Innovative Communities for a Six Month Extension to the Subdivision Agreement Related to Tract 6282 located behind K-Mart Shopping Center between Beckes and Central Avenues.
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.
Pennell requested item 7i be pulled for discussion.
Wegman requested item 7e be pulled for discussion.
Cortez requested item 7j be pulled for discussion.
Cortez made a motion to approve the remaining calendar, 2nd by Pearson. All in favor motion carried with the following vote:
AYES: West, Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: None
Attorney Peake read the resolution title.
7e. Wren clarified the location of the street involved in the Right-of-Way deed. Wegman made a motion to approve, 2nd by Espitia. All in favor motion carried with the following vote:
AYES: West, Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: None
Attorney Peake read the resolution title.
7i. Wren requested the bid be awarded to Griffith Company and that the City Manager be authorized to make quantity adjustments to the contract not to exceed $34,000 on order to repair additional sidewalks, drive approaches, curbs and gutters with remaining funds. Espitia made a motion to approve, 2nd by Wegman. All in favor motion carried with the following vote:
AYES: West Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: None
7j. Pearson made a motion to approve, 2nd by Espitia. Motion carried with the following vote:
AYES: West, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: Cortez
ABSENT: None
Attorney Peake read the resolution title.
8) Report, Public Hearing and Possible Approval, RE: A RESOLUTION # 2006-2372 OF THE CITY COUNCIL OF THE CITY OF WASCO ABANDONING A PORTION OF PALM AVENUE RIGHT-OF-WAY BETWEEN 5TH STREET AND 7TH STREET IN FAVOR OF THE WASCO UNION HIGH SCHOOL DISTRICT
Mayor opened public hearing. Wren gave a brief report of project.
There were no comments from the audience. Mayor closed the public hearing at 7:20 p.m.
Pearson made a motion to approve, 2nd by Espitia. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: None
Attorney Peake read the resolution title.
9) Report, Public Hearing and Possible Approval, RE: A RESOLUTION # 2006-2373 OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING A MULTIFAMILY RENTAL HOUSING DEVELOPMENT CURRENTLY KNOWN AS WASCO SENIOR APARTMENTS, AND APPROVING AND DIRECTING EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE AUTHORITY
Mayor abstained from this item and gave the gavel to Mayor Pro Tem Espitia. Mayor left the council chambers at 7:21 p.m.
Mayor Pro Tem opened the public hearing. Pennell read a brief report and introduced Danny Fred, financial consultant to Wasco Affordable Housing Inc.. Danny Fred explained the financing of the project, and introduced Paul Thimmig, Bond Counsel and John Stoecker with CMFA, who further explained the need for a Joint Exercise of Powers Agreement between CMFA and the City of Wasco. Thimmig also stated that in regards to these bonds, the City of Wasco has no legal, moral or financial responsibility. Pearson inquired as to the possibility of a joint meeting with the Council, Wasco Affordable Housing and Wasco Housing Authority. Pearson also asked about a needs assessment and was told by Pat Newman Executive Director of Wasco Affordable Housing that a study was completed in
February of 2004 and would be made available to him and council.
There were no comments from the audience. Mayor Pro Tem closed the public hearing at 7:35 p.m. Cortez made a motion to approve, 2nd by Pearson. Motion carried with the following vote:
AYES: Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: West
ABSENT: None
Attorney Peake read the resolution title.
Wayne Montgomery was in the audience and he thanked the council for the approval.
Mayor returned to council chambers at 7:36 p.m.
10) Report, Public Hearing and Possible Approval, RE: A RESOLUTION # 2006-2370 APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM
Mayor opened the public hearing. Krause circulated a sign in sheet for the audience. Espitia inquired of the audience if translation was necessary for anyone in attendance. There was no response. Required content was presented by Wren. After a brief discussion between council and staff, the Mayor closed the public hearing at 7:45 p.m. Espitia made a motion to approve, 2nd by Cortez. Motion carried with the following vote:
AYES: West Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: None
Attorney Peake read the resolution title.
11) Report and Possible Minute Action, RE: Acceptance of Appraisals on Property located at 591 “J” Street and the Public Works Corporation Yard at 801 8th Street and Authorization to Enter into Negotiations for Acquisition of Property at 591 “J” Street
Jones presented the appraisal information to the council and staff. Wegman questioned the plumbing of the building. West questioned the financing/budget of the purchase. Pennell requested council direction to enter negotiations and a financial plan for the properties possible acquisition.
Pearson made a motion to approve, 2nd by Cortez. All in favor motion carried with a 5-0-0 vote.
12) Report and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING SECTION 2.30 OF THE WASCO MUNICIPAL CODE REGARDING THE CONFLICT OF INTEREST CODE BY AMENDING SECTION 2.30.070, SECTION 2.30.090 SUBSECTION E AND SECTION 2.30.120
Pennell reported that the Political Reform Act requires all public agencies to adopt a Conflict of Interest Code and that it be updated to include newly created positions.
Designated positions to be added are:
Designated Positions Disclosure Category
Planning and community development director 1-2-3-4
Code Compliance Director 1-2-3-4
Economic Development Director 1-2-3-4
Senior/Associate/Assistant planner(s) 1-2-3-4
Administrative Services/Finance director 1-2-3-4
Accounting Manager 1-2-3-4
Personnel officer/city clerk 1-2-3-4
Deputy city clerk 1-2-3-4
City engineer/public works director 1-2-3-4
City Projects Manager 1-2-3-4
Sr. civil engineer 1-2-3-4
Deputy public works director 1-2-3-4
Chief building inspector(s) 1-2-3-4
Human Resource/Risk Manager 1-2-3-4
City Operations Manager 1-2-3-4
Utility supervisor
Water Superintendent 1-2-3-4
Public Service Manager 1-2-3-4
Wastewater plant supervisor 1-2-3-4
* Consultant 1-2-3-4
Mayor requested that a public hearing be set for November 7 meeting,
Pearson made a motion to approve, 2nd by Cortez. Motion carried with the following vote:
AYES: West Cortez, Espitia, Pearson, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: None
Attorney Peake read the ordinance title.
13) Discussion, RE: Regional Blueprint and Wasco Goals
Woodcock gave a report concerning the Kern Regional Blueprint process.
How growth is modeled within this blueprint may influence Wasco’s growth capabilities. Wasco has been categorized as a city in North County Area, which is categorized as slower growth area instead of in the Bakersfield Metropolitan Area which is categorized as higher growth area. Cortez stated that the council needs to take a proactive role in changing the perception of Wasco’s growth capabilities and where we are headed. Pearson stated that the council needs to become proactive. Espitia stated that we need to join forces with the schools to help channel funding into Wasco. Pearson requested more time at these meetings. Wegman stated that the time allowed for these types of presentations are always before the meeting, and that they are on various subjects.
No action taken at this time.
14) Report and Possible Minute Action, RE: Update on Food Vending Vehicles
Woodcock gave a brief report of the issue of mobile vendors in town that have become stationary and asked for council direction. Pearson said that we have ordinances in place but due to lack of enforcement and direction from Council this issue is a great concern that needs addressing.
Debbie Fontes 2569 7th Street, owner and operator of Hoyetts Sandwich shop complained about the mobile unit located across the street from her business. Her chief complaint was that the mobile unit did not comply with health department codes regarding restrooms for their patrons. Her parking lot is used as a restroom, therefore, causing her to spend ½ hour cleaning each morning before she can open her business.
Cortez requested this be placed on the next agenda and that all mobile vendors are noticed.
15) Report and Possible Minute Action, RE: Possible Sale of Abandoned Well Site Property APN#488-082-23 located on Peters Street, between 4th Street and 3rd Street to Jim and Wanda Appodaca
Attorney Peake stated that this item was also on the closed session agenda and inquired if there was anyone in attendance tonight to speak on this issue. There were no comments from the audience.
No action taken at this time.
16) REPORTS FROM CITY STAFF
Wren: thanked the Council for approving the AutoCAD Technician position. Employee Aurelio Garcia has 8 projects in various stages of completion. This position has been a great asset to his department and it is accomplishing what was expected.
Mosqueda: financial reports will soon be in Council mailbox
Woodcock: introduced new employee Assistant Planner Tony Jaquez.
Zimmerman: would do some target control at Hoyetts
REPORTS FROM CITY ATTORNEY-none
REPORTS FROM CITY MANAGER-
Date is set for November 9th, for the Flag Acceptance Ceremony at 11:00 a.m. The local High School band will be performing and the Sheriff’s Dept. Honor Guard will be posting colors. Council and staff participation is encouraged.
Informed Council that meetings are ongoing with the Kern County City Managers Association regarding the County’s proposal to charge cities for fire protection services.
REPORTS FROM CITY COUNCIL
Pearson: requested staff to emulate Shafter’s successful approach with LAFCO.
Espitia: requested staff to look into permits and licenses for the mobile carwash unit that is doing business in town.
Pearson made a motion to adjourn to RDA, 2nd by Espitia. Motion carried with a 5-0-0 vote. Regular City Council meeting adjourned at 8:55 p.m.
Regular City Council meeting reconvened at 8:56 and moved into closed session.
Due to conflict of interest, Cortez recused himself from closed session and remained in council chambers.
CLOSED SESSION
a) Conference with Real Property Negotiators, Larry Pennell, Alan Peake, Keith Woodcock and Marty Jones, RE: Possible Sale of Abandoned Well Site Property APN#488-082-23 located on Peters Street, between 4th Street and 3rd Street to Jim and Wanda Appodaca.
Government Code Section 54956.8
Regular City Council meeting reconvened at 9:05 p.m.
Attorney Peake reported that information was provided and by unanimous consent direction to proceed was given.
Wegman made a motion to adjourn at 9:06 p.m., 2nd by Espitia. Motion carried with a 5-0-0 vote.
___________________________ _____________________________
Vickie Hight, City Clerk Fred West, Jr. Mayor
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