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City of Wasco
746 8th Street,
Wasco, CA 93280
PH:(661) 758-7214
FAX: (661) 758-5411
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City Council Minutes 07/03/2007
City of Wasco
City Council Minutes
TUESDAY, July 3, 2007 – 7:00pm
Wasco Veterans Hall – Barker Park
1201 Poplar Avenue, Wasco, California 93280

1)      CALL TO ORDER Mayor Espitia called the meeting to order at 6:55 p.m.
2)      FLAG SALUTE
3)      INVOCATION:  Pastor Mike Bradley Grace Community Church gave the invocation.
4)      ROLL CALL:
Attorney  B. Garcia, City Manager Pennell, Assistant City Manager Mittag, City Clerk Hight, Interim Executive Secretary Rodriguez, Administrative Services/Finance Director Zervis, Public Works Director Jones, City Projects Manager Wren, City Operations Manager Allen, Interim Planning Director Raper, Human Resource Manager Randhawa

5)      PRESENTATIONS AND AWARDS:
a)      Administration of the Oath of Office to Council Member Carl Joe Hively, appointed June 20, 2007. (City Clerk)

        City Clerk Hight swore into office newly appointed Councilmember Carl Joe Hively.

        Member Cortez made a motion to recess to the RDA agenda, 2nd by Member West.  All in favor motion carried.

        Mayor Espitia reopened the regular meeting of the Wasco City Council at 7:30 p.m.

b)      Service Recognition Award from City Manager’s Department/League of California Cities. (Nick Pavlovich)
        Range Rider Nick Pavlovich presented and read a letter of appreciation and recognition  from the I C M A to City Manager Larry Pennell acknowledging his years of service as a  City Manager.

        Range Rider Nick Pavlovich also presented Mr. Pennell with a plaque from the League of  California Cities commemorating his years of Public Service.

        
6)      COMMUNICATIONS FROM THE AUDIENCE:

Susana Rios 2332 Sharon Ct. served Members Espitia, Wegman and West with a Notice of Intent to Circulate a Recall Petition.
Maria Paredes 1856 First Street had questions for the council regarding procedures.
Anita Gaston 1015 5th Street. had questions for the council regarding procedures.
Susana Rios 2332 Sharon Ct. addressed questions to the Attorney.
Jose Lona 1565 Shamrock Ct. had questions for the council regarding translator/headphones, traffic lights, and removal of gazebo.
Korinna Campbell 2686 Silvertree had questions for council regarding procedures.
Christy Gallardo 1834 Sunset spoke in support of the council and encouraged the audience to become informed by speaking to council members on an individual basis.
Kathy Munoz 733 Maple had questions regarding the strategic committee.
Pauline Marquez 2424 Jasmine spoke to the audience-commended the audience for getting involved and asked for support of the process.

7)      CONSENT CALENDAR:

a)      Approval of Minutes from the Following Meetings:
Regular Meeting on June 19, 2007
Special Meeting on June 20, 2007
b)      Approval of Bill Paying List.
c)      Approval of Bid Award. Apparent low bidder is Maverick Asphalt for the Construction of the Transit Station Parking Lot Extension Federal Project #SA646406 at a Cost Not to Exceed $145,314.00.

d)      Report and Possible Minute Action Authorize the City Manager to sign the Maintenance Agreement with Hanover Compression for the CNG Station.

e)      Report and Possible Approval of an engagement letter for services between the City of Wasco and Albert & Associates, LLP to conduct the annual city audit for the fiscal year ended June 30, 2007; and any related documents    necessary to complete the engagement.

f)      Approval of a Resolution of the City Council of the City of Wasco, declaring the fire damaged structure located at 1861 “G” Street to be a public nuisance and authorizing the demolition of that structure together with the clean     up and removal of other public nuisances thereon. (Zervis)

g)      Acknowledge Receipt of Correspondence.

h)      Approve the Reading of All Ordinances and Resolutions by Title Only and  
Approve Publication of All Ordinances in Summary Form.

Member West pulled item 7e for vote.
Staff pulled item 7f from the calendar.

Member Cortez made a motion to approve item 7e, 2nd by Member Wegman.  Motion carried with a 4-0-1 Member West abstained.

Member Cortez made motion to approve remaining calendar, 2nd by Member Wegman.  All in favor, motion carried with a 5-0-0 vote.

8)      Report and Possible Minute Action, RE:  Mayors request to submit question and incompatibility of offices to Attorney General for an opinion. (Mayor Espitia)

9)      Report and Possible Minute Action, RE:  An Evaluation of Garcia Calderon Ruiz; Grand Jury Report on Wasco Rec and Park District dated May 8, 2007; Grand Jury Report on City of Wasco dated June 5, 2007; Authorize City        Attorney to respond to the Grand Jury Report of June 5, 2007; and Review Role of Strategic Planning Committee in Selection of Recommended Law Firm to Perform as City Attorney. (Mayor Pro Tem Cortez/City Attorney)
        Mayor Espitia asked that item 8 and 9 be discussed together and asked for comments from the     audience.

        Alicia Pelayo 1701 7th Street spoke in opposition to the hiring of Garcia Calderon and Ruiz.
        Susanna Rios 2332 Sharon Ct questioned the procedure of hiring the city attorney.
        Raul Topia 1611 Primrose Place question the amount of money the Attorneys charge the city.

        There was discussion regarding retention of Garcia, Calderon & Ruiz, legal issues facing the    city, and the need for a qualified attorney.

        Dave German 1822 Cherrytree Wy. Spoke in support of the council and their decision of hiring    this attorney for the issues facing the city.
        
        Vincent Martinez 345 Christopher Court, spoke in opposition to the fees of the attorney and the         need to charge the city for mileage.

        Continued discussion regarding Garcia, Calderon and Ruiz responding to the Grand Jury,  Grand Jury findings, and the response itself.

        Member West made a motion to grant Mayors request and forward report to the Attorney    General, 2nd by Espitia.  Motion carried with a 5-0-0 vote.

        Member West made a motion to authorize response to the Grand Jury, 2nd by Member        Wegman.  Motion carried with a 4-1-0 vote.  Cortez: Naye
        
        Mayor Espitia took a 15 minute recess.
        Mayor Espitia reconvened at 9:30 p.m.   

10)     Report and Possible Minute Action, RE:  Approval of Employment Agreement with Ronald Mittag as City Manager. (City Council/City Attorney)
Mayor Espitia gave a brief report, and asked for comments.
Member Cortez stated his concerns.
Anita Gaston questioned the council on procedures.
Korinna Campbell questioned qualifications of Mittag.
Member Wegman made a motion to approve, 2nd by Member West.  Motion carried with a 4-1-0 vote.  Member Cortez opposed.

11)     Report and Possible Minute Action, RE:  Initiating the development of a new city ordinance establishing a residential rental inspection program. (Zervis)

Members West and Cortez left the council chambers due to possible conflict of interest.

Zervis gave a brief report of the program.  
Jill Drescher spoke that this was done by the health department.
Maria Paredes spoke that this was done by Child Protective Services.
Bert Marquez spoke that code enforcement was busy enough.

Member Wegman made a motion to approve, 2nd by member Hively.  Motion carried with a 3-0-2 vote.  Members West and Cortez abstained.

12)     Report and Possible Minute Action, Re: Filling Vacancy on Recreation and Park Board of Directors (Hight)
City Clerk Hight gave report of vacancy on the Recreation and Parks Board of Directors.  
Member Wegman made a motion to advertise, 2nd by member west.  Motion carried with a 4-0-1 vote.  Mayor Espitia abstained.

13)     Report, Public Hearing and Possible Approval, RE: 2007-2440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE   DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY                         AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM. (Zervis)
Mayor Espitia opened the public hearing.
Zervis gave a brief report.
Maria Paredes spoke of a program in Bakersfield regarding forgivable loans.
There were no further comments.
Mayor Espitia closed the public hearing.
Member Wegman made a motion to approve, 2nd by Member Hively.
Motion carried with the following vote:
AYES:        Espitia, Hively, Wegman and West.
NOES:        None
        ABSTAIN: Cortez
        ABSENT:   None
        City Clerk Hight read the resolution title

14)     Report and Possible Approval, RE: 2007-2438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO INITIATING ZONING TEXT AMENDMENT PERMITTING CARGO CONTAINERS IN COMMERCIAL ZONE       DISTRICT. (Raper)
        Raper gave three options of how the Planning Department could proceed.  Council gave    direction.
        Eva Bozarth 917 7th Street, spoke in support of cargo containers.
        There were no further comments.
        Member Wegman made a motion to approve, 2nd by Member Cortez.  Motion carried   with the following vote:
AYES:        Espitia, Cortez, Hively, Wegman and West.
NOES:        None
        ABSTAIN: None
        ABSENT:   None
        City Clerk Hight read the resolution title

15)     Report and Possible Approval, RE:  2007-2437 A RESOLUTION OF THE CITY COUNCIL OF THE City of Wasco Initiating amendment to the City of Wasco’s Final Environmental Impact Report (SCH#2002051154), General Plan         Policies Document,  City of Wasco’s General Plan Land Use Text and Map,  Circulation Text and Map,  and City of Wasco Zoning Ordinance. (Raper)
Raper gave a brief report.
There were no further comments.
Member Cortez made a motion to approve, 2nd by member West.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, Wegman and West.
NOES:        None
        ABSTAIN: None
        ABSENT:   None
        City Clerk Hight read the resolution title


16)     Report and Possible Approval, RE:  07-2439 A RESOLUTION OF THE CITY OF WASCO CITY COUNCIL AUTHORIZING CITY MANAGER TO ENTER INTO OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE                 CITY OF WASCO AND GREG KIRKPATRICK (CONSULTANT) FOR THE DEVELOPMENT OF FARMLAND CONVERSION MITIGATION PROGRAM ON BEHALF OF THE CITY. (Raper)
Raper gave a brief report.
Susanna Rios inquired to the funding.
There were no further comments.
Member Cortez made a motion to approve, 2nd by Member Wegman.
AYES:        Espitia, Cortez, Hively, Wegman and West.
NOES:        None
        ABSTAIN: None
        ABSENT:   None
        City Clerk Hight read the resolution title


17)     Second Reading and Possible Adoption of an Ordinance, RE: 07-540 AN ORDINANCE OF THE CITY OF WASCO, CALIFORNIA CONTAINING A DESCRIPTION OF THE CITY OF WASCO REDEVELOPMENT AGENCY’S             PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN PURSUANT TO THE WASCO REDEVELOPMENT PROJECT (Mittag)
Mittag gave a report and second reading.
There were no further comments.
Member West made a motion to approve, 2nd by member Cortez.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, Wegman and West.
NOES:        None
        ABSTAIN: None
        ABSENT:   None
        City Clerk Hight read the Ordinance title


18)     REPORTS FROM CITY STAFF
Sgt. Lee gave a brief staff report.

19)     REPORTS FROM CITY ATTORNEY- none

20)     REPORTS FROM CITY MANAGER- none

21)     REPORTS FROM CITY COUNCIL-
Hively: told audience that he was available anytime for conversation.
West: asked for headphones/equipment to be placed on the next agenda.
Wegman: spoke positively about Sheriffs department, Mittag appointment and Hively appointment.
        Cortez: spoke of commitment to work with Mittag.

22)     CLOSED SESSION

23)     ADJOURNMENT – Member Wegman made a motion that this regular meeting of the City Council shall be adjourned to July 10, 2007 at 7:00 p.m.  All in favor motion carried.



______________________________          ______________________________
Danny Espitia, Mayor                                            Vickie Hight, City Clerk