City of Wasco
City Council Minutes
TUESDAY, September 18, 2007 – 7:00pm
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER: Mayor Espitia called the meeting to order at 7:00 p.m.
2) FLAG SALUTE:
3) INVOCATION: Pastor Gabriel Bustamante of Iglesia del Aposento Alta gave the invocation.
4) ROLL CALL:
Mayor Espitia, Members: Cortez, Hively, Wegman, West
Others Present: Assistant Attorney E. Plaza, City Manager Mittag, City Clerk Hight, Executive Assistant Rodriguez, Finance Director Zervis, Public Works Director Allen, Interim Planning Director Raper, Senior Planner McNamara, Sgt Lee
5) PRESENTATIONS AND AWARDS-None
6) COMMUNICATIONS FROM THE AUDIENCE:
Susie Rios: 2322 Sharon Court. Asked Council about street conditions and potholes. She requested information on the schedule for repairs.
Mayor Espitia asked if meeting with Public Works Director Allen to discuss the schedule would be sufficient.
Ms. Rios agreed.
7) CONSENT CALENDAR:
a) Approval of Minutes from the Following Meeting:
Special Joint Meeting July 3, 2007
Regular Meeting August 21, 2007
b) Approval of Bill Paying List.
c) Acceptance of Sheriff’s Activity Report for the Month of August 2007.
d) Acceptance of Code Enforcement Reports:
1. Wasco Code Compliance Officer – August 2007
2. Fire Prevention Services – August 2007
e) Acceptance of Monthly Building Permit Report for August 2007.
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.
Member Wegman made a motion to approve, 2nd by Member West. Motion carried with a 4-0-1 vote. Member Cortez absent.
8) Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.
City Manager Mittag presented report. No action taken.
9) Report and Possible Approval, RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO IN THE MATTER OF THE APPLICATION OF RAMON OLIVAS FOR CONDITIONAL USE PERMIT 07-02 LOCATED AT 1204 E STREET DISAPPROVAL. (Raper)
Mayor Espitia recused himself from discussion and vote.
Member West recused himself from discussion and vote.
Assistant City Attorney explained that due to Member Cortez’ absence, this resolution would come back at a later date when a quorum could be met to vote on the issue
10) Discuss Request for Water Rate Reduction for the Kern County Cemetery located in Wasco, CA (Zervis)
Finance Director Zervis gave a staff report.
There was a brief discussion on the rates charged and the circumstances.
Mayor Espitia asked for comments from the public.
Marty Jones 2200 Garden St. heard.
Member Wegman opposed reduction.
No action taken.
11) Discuss Ordinance Amending Wasco Municipal Code to Require Residency Restrictions for Registered Sex Offenders (Mayor Espitia)
Mayor Espitia asked council to consider amendment to Municipal code.
After a brief discussion, the Mayor gave the information to the City Clerk and asked staff to review and bring back to council.
No action taken.
12) Report and Possible Minute Action, RE: Agreement with Wasco Recreation and Parks District for Operation and Maintenance of Parks for July 2007 – June 2008. (Zervis)
Mayor Espitia abstained and refrained from discussion and vote.
Finance Director Zervis gave staff report.
Member West asked for comments from the public.
Marty Jones 2200 Garden St. heard.
Member Hively made a motion to approve, 2nd by Member Wegman. Motion carried with a 3-0- 1-1 vote. Member Cortez absent and Mayor Espitia abstained.
13) Report and Possible Approval, RE: 2007-2466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING KERN COUNCIL OF GOVERNMENTS TRANSPORTATION DEVELOPMENT ACT STREETS AND ROADS CLAIM FOR FISCAL YEAR 2007-2008. (Zervis)
Finance Director Zervis gave a brief staff report.
Mayor Espitia asked for comments. There were none.
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: None
ABSENT: Cortez
City Clerk Hight read the resolution title
14) Report, Public Hearing and Possible Approval, RE: A 2007-2467 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING THE 2005 URBAN WATER MANAGEMENT PLAN. (Wren)
Mayor Espitia opened the public hearing.
Public Works Director Allen gave a staff report
Mayor Espitia asked for comments from the audience, there were none.
Mayor Espitia closed the public hearing at 7:23 p.m
Member Wegman made a motion to approve, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
15) Report, Public Hearing and Possible Approval, RE:
a) 2007-2468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE CITY OF WASCO GENERAL PLAN LAND USE MAP AND THE OFFICIAL ZONING MAP. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:25 p.m.
Member Hively made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONE CHANGE 07-01 REGARDING CERTAIN REAL PROPERTY IN THE CITY OF WASCO. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:27 p.m.
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: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
16) Report and Possible Approval, RE: A 2007-2469 RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF WASCO RECOMMENDING AMENDMENTS TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN BY AMENDING POLICY 13, PAGE 5-4 TO REFLECT THE ABILITY TO CHANGE LOS C TO LOS D WHEN DETERMINED BY THE CITY ENGINEER AND CITY COUNCIL. (Raper)
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Member Wegman made a motion to approve, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
17) Report and Possible Approval, RE: A 2007-2470 RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AMENDMENT TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN BY ADDING SECTION 5.5 HIGHWAY 46 DESIGN CONCEPTS AND HIGHWAY 46 RIGHT OF WAY. (Raper)
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Member Wegman made a motion to approve, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
18) Report, Public Hearing and Possible Approval, RE: A 2007-2471 RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE CIRCULATION ELEMENT OF THE GENERAL PLAN TO AMEND FIGURE 5-2 AND POLICY 31A AS REFLECTED IN EXHIBIT A. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:35 p.m.
Member Hively made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
19) Report, Public Hearing and Possible Approval, RE: A 2007-2472 RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE CIRCULATION ELEMENT OF THE GENERAL PLAN TO AMEND THE CIRCULATION MAP OF THE CITY OF WASCO’S GENERAL PLAN AS ILLUSTRATED ON EXHIBIT A. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:40 p.m.
Member West made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
20) Report and Possible Minute Action, RE: A 2007-2465 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING RESOLUTIONS OF INTENT AMENDING THE CIRCULATION ELEMENT OF THE GENERAL PLAN. (Raper)
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
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: None
ABSENT: Cortez
City Clerk Hight read the resolution title
21) Report, Public Hearing and Possible Approval, RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ESTABLISHING VARIOUS APPLICATION FEES RELATING TO DEVELOPMENT AND MAINTENANCE OF CITY FILES AND UPDATE SOME EXISTING FEES PREVIOUSLY ADOPTED AS SHOWN IN EXHIBIT A. (Raper)
Mayor Espitia opened the public hearing.
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments.
Susanna Rios 2322 Sharon Ct. heard
Interim Planning Director Raper explained the appeal process.
Mayor Espitia closed the public hearing at 7:46 p.m.
Member Hively made a motion to approve, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
22) Report, Public Hearing and Possible Approval, RE:
a) A 2007-2474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ESTABLISHING CITY OF WASCO PROCEDURES, PROCESS, AND REQUIREMENTS FOR THE ESTABLISHMENT OF DEVELOPMENT AGREEMENTS. (Raper)
Mayor Espitia opened the public hearing.
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments.
Mayor Espitia closed the public hearing at 7:50 p.m.
Member West made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
b) A 2007-2475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ESTABLISHING APPLICATION FEE AND ANNUAL REVIEW FEE FOR DEVELOPMENT AGREEMENTS. (Raper)
Member West made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
Member West left council chambers at 7:51 p.m.
23) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, CHAPTER 17.75 PERMIT PROCEDURES. (Raper)
Mayor Espitia opened the public hearing.
Sr Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:52 p.m.
Member Wegman made a motion to approve the first reading, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez and West
City Clerk Hight read the ordinance title
24) Report, Public Hearing and Possible Approval, RE: 2007-543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, TO ADD CHAPTER 17.66 RIGHT TO FARM. (Raper)
Mayor Espitia opened the public hearing.
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:52 p.m.
Member Wegman made a motion to approve the first reading, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez and West
City Clerk Hight read the ordinance title
Member West returned at 7:57 p.m.
25) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, TO ADD CHAPTER 17.64 WILLIAMSON ACT REGULATIONS. (Raper)
Mayor Espitia opened the public hearing.
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 7:57 p.m.
Member Wegman made a motion to approve the first reading, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
26) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, CHAPTER 17.51 DESIGN DISTRICTS, SECTION 17.75.05 HWY 46 DESIGN CORRIDOR. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 8:00 p.m.
Member West made a motion to approve the first reading, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
27) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, AMENDING 17.54 PRECISE DEVELOPMENT (P-D) COMBINING DISTRICT/PERMIT REVIEW GUIDELINES. (Raper)
Mayor Espitia opened the public hearing.
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 8:01 p.m.
Member Hively made a motion to approve the first reading, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
28) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, TO ADD CHAPTER 17.68 MINERAL EXTRACTION. (Raper)
Mayor Espitia opened the public hearing.
Interim Planning Director Raper gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 8:04 p.m.
Member Wegman made a motion to approve the first reading, 2nd by Member Hively. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
29) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE, TITLE 17, ZONING, TO ADD CHAPTER 17.67 OIL AND GAS PRODUCTIONS. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked if this ordinance would affect existing business in Wasco. Staff affirmed that it would not affect existing businesses in Wasco.
Mayor Espitia asked for public comments, there were none
Mayor Espitia closed the public hearing at 8:07 p.m.
Member Wegman made a motion to approve the first reading, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
30) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE WASCO CODE OF ORDINANCES TO AMEND TITLE 16 OF THE CITY OF WASCO SUBDIVISION ORDINANCE IN AMENDING PLATES R-1 AND R-2, AS REFLECTED IN EXHIBIT A. (Raper)
Member Wegman left council Chambers at 8:07
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
Mayor Espitia asked for public comments, there were none.
Member Wegman returned at 8:08 p.m.
Mayor Espitia closed the public hearing at 8:09 p.m.
Member Hively made a motion to approve the first reading, 2nd by Member West. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
31) Report, Public Hearing and Possible Approval, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE WASCO CODE OF ORDINANCES TO AMEND TITLE 16 OF THE CITY OF WASCO SUBDIVISION ORDINANCE IN AMENDING PLATE D-5 DRAINAGE BASIN SCREENING, AS REFLECTED IN EXHIBIT A. (Raper)
Mayor Espitia opened the public hearing.
Sr. Planner McNamara gave a brief staff report.
There was a brief discussion regarding type of screening to use and options for the builder.
Mayor Espitia asked for public comments, there were none.
Mayor Espitia closed the public hearing at 8:00 p.m.
Member Hively made a motion to approve the first reading, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Hively, Wegman and West
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the ordinance title
32) Report and Possible Minute Action, RE: JOB DESCRIPTION AND SALARY RANGE FOR DEPUTY DIRECTOR PUBLIC WORKS, JOB DESCRIPTION AND SALARY RANGE FOR INFORMATION TECHNOLOGY COORDINATOR, AND SALARY RANGE FOR PUBLIC WORKS DIRECTOR. (Mittag)
City Manager Mittag gave a brief report and asked for council approval of changes.
Mayor Espitia asked for public comments. There were none.
Member Wegman made a motion to approve, 2nd by Member Hively. Motion carried with a 4-0-1 vote, Member Cortez absent.
33) REPORTS FROM CITY STAFF
City Clerk Hight invited Mayor and Council to attend a ribbon cutting at Kern Schools Federal Credit Union on Saturday September 22, 2007.
Raper: reported on new development that has been submitted to the Planning Commission.
Zervis: reported on his two employees who are on maternity leave, and that a temporary employee has been secured for accounts payable/payroll.
Allen: reported on salvage project.
Sgt Lee: reported that Festival of Roses went well, and that Deputy Dan Edgerly has been promoted to Sgt. He will be the night time supervisor for the area.
34) REPORTS FROM CITY ATTORNEY: none
35) REPORTS FROM CITY MANAGER
Updated Council on the 40 acre project at Griffith.
36) REPORTS FROM CITY COUNCIL
Hively: announced a meeting for the support of Bond issue for the High School.
Mayor Espitia adjourned regular meeting to RDA at 8:24 p.m.
Mayor Espitia reconvened regular meeting at 8:28 p.m.
Mayor Espitia adjourned to closed session at 8:28 p.m.
37) CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 28704 Filburn Avenue, Wasco, CA 93280
Agency Negotiator: City Manager, Ron Mittag
Negotiating Parties: City of Wasco and Barbara Adams
Under Negotiation: Price, Terms and Conditions of Acquisition
Mayor Espitia reconvened regular meeting at 8:45 p.m.
City Attorney Plaza reported that direction was given to City Manager.
ADJOURNMENT: Member Wegman made a motion to adjourn at 8:46 p.m., 2nd by Member West. All in favor motion carried. 4-0-1, Member Cortez absent
______________________________________ ______________________________________
Vickie Hight, City Clerk Danny Espitia, Mayor
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