City of Wasco
City Council Minutes
February 3, 2009 - 7:00pm
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER: Mayor West called the meeting to order at 7:00 p.m.
2) FLAG SALUTE
3) INVOCATION: John Ross of Westside Church offered the invocation.
4) ROLL CALL
Mayor West, Members; Espitia, Hively Wegman
Absent: Cortez
Attorney B Garcia, City Manager Mittag, City Clerk Hight, Executive Assistant Rodriguez, Assistant City Manager Zervis, Public Works Director Allen, Community Development Director Heiser, Sgt Armendariz
5) PRESENTATIONS AND AWARDS
City Clerk Hight reported that St Johns School visited City Hall the previous week for a field trip where Public Works, KC Fire Department and Kern Ambulance gave students the opportunity to view equipment and ask questions. The students presented letters for Past Mayor Wegman and a poster of appreciation.
6) COMMUNICATIONS FROM THE AUDIENCE:
Alan Townsend 1221 McCombs Rd. gave a timeline of activities to the City Clerk for distribution to council and gave a report of history of the transactions.
Paul Neufeld 947 Evergreen Ct. Spoke in support of Mr. Townsend's "quest to become square with the city" for the "goodwill of the city." He also asked when the city was going to make required improvements to city parking area on G Street.
7.) CONSENT CALENDAR:
a) Approval of Minutes from the following meetings:
Regular Meeting on January 20, 2009.
b) Approval of Bill Paying List.
c) Acceptance of Investment Policy and Compliance Report for the Month of December 2008.
d) Acknowledge Receipt of Correspondence.
e) 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 calendar, 2nd by Member Espitia. Motion carried with a 4-0-1 vote. Member Cortez absent.
8. Report, Public Hearing and Possible Approval, Re: 2009-2593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO RECONSIDERING AND AFFIRMING THE CITY COUNCIL'S JULY 10, 2006 DENIAL OF PLANNING COMMISSION RESOLUTION NO. 06-07 AND RATIFYING AND APPROVING BUILDING PERMIT NO. 254-10/07 FOR REAL PROPERTY LOCATED AT 900 7TH STREET, OWNED BY MR. SALVADOR CRUZ. (Bonny)
Mayor West left the council chambers stating conflict of interest.
Mayor Pro Tem Espitia opened the public hearing.
Gary Johnson 1502 16th Street, Wasco spoke on behalf of Sara Low and submitted a summary to the City Clerk to be distributed to Council. Mr. Johnson spoke of the upcoming court date of April 9, 2009 and requested that the council table this item until the court decision is made.
Dr. Dennis Campbell 902 Poplar spoke in support of Sara Low and spoke in support of the decisions of the Planning Commission being upheld.
Bill Slocum Attorney for Mr. Salvador Cruz spoke of the history of this issue and asked the council to support it own ordinances.
Mayor Pro Tem Espitia asked if anyone else would like to be heard, nearing none closed the public hearing at 7:38 p.m.
City Attorney Garcia gave a brief report stating the bottom line is that the council properly denied the July 2006 for a zone change because it was not necessary. Cruz's proposed building is consistent with the Historic Downtown Plan which provides for the construction of infill structures as an ultimate goal of the plan. Accordingly, Cruz was entitled to a building permit if he met the requirements of the planning department. The Council can revisit the issue, but if it denies Cruz's request for a building permit it would be subject to a strong claim of inverse condemnation by Cruz, whereas Low would not have a strong claim against the City if the Council ratified or approved the Cruz building permit.
Motion carried with the following vote:
AYES: Espitia, Hively, and Wegman.
NOES: None
ABSTAIN: West
ABSENT: Cortez
City Clerk Hight read the resolution title
Mayor Pro Tem Espitia took a 3 minute recess.
Mayor West reconvened open regular meeting at 7:50 p.m.
9.) Report, Public Hearing and Possible Approval, Re: 2009-2594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING CERTIFICATE OF CONTRACT TERMINATION FOR WILLIAMSON ACT CONTRACT 3638, FOR ASSESSOR'S PARCEL NUMBERS 487-010-32, 487-010-57 AND 487-010-58 LOCATED AT THE SOUTHWEST CORNER OF ANNIN AVENUE AND McCOMBS ROAD, AS REFLECTED IN EXHIBIT A. (Heiser)
Mayor West opened the public hearing.
Community Development Director Heiser gave a brief report and recommended approval.
Mayor West asked for comment, hearing none, closed the public hearing at 7:53 p.m.
Mayor West asked for further discussion from Council, hearing none, Member Hively made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
Motion carried with the following vote:
AYES: West, Espitia, Hively, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
10)Report and Possible Approval, Re: 09-2592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER ALL AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. (Allen)
Public Works Director Allen gave a brief report and recommended approval.
Mayor asked for comments, hearing none Member Wegman made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Espitia, Hively, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
11.)Report and Possible Approval, Re: Participation Agreement for Development of an Integrated Regional Water Management Plan for the Tulare Lake Basin Portion of Kern County. (Allen)
Public Works Director gave a brief report and recommended approval of agreement.
Mayor asked for comments, hearing none Member Wegman made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: West, Espitia, Hively, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez
12.)Report and Possible Approval RE: 09-2595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ACCEPTING THE 2009 CAPITAL IMPROVEMENT PLAN. (Allen)
Public Works Director Allen gave a brief report of the living document, stating that it can be changed and amended and recommended approval.
There was a brief discussion regarding road repair schedule.
Mayor asked for additional comments, hearing none Member Wegman made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Espitia, Hively, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
13.)Report and Possible Approval, RE: 09-2596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF WASCO AND KWIK SIGNS, INC., FOR THE DEVELOPMENT OF AN OFFSITE KIOSK SIGN PROGRAM IN ACCORDANCE WITH SECTION 17.61.10 B, OFF-SITE RESIDENTIAL SUBDIVISION DIRECTIONAL SIGNS. (Heiser)
Community Development Director Heiser gave a brief report and recommended approval.
City Manager Mittag reported that local subdivisions had previously approved the concept.
Mayor asked for comments, hearing none Member Wegman made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Espitia, Hively, and Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez
City Clerk Hight read the resolution title
14.) REPORTS FROM CITY STAFF
Sgt. Armendariz gave a brief staff report of recent activity in the city. He also reported on recent SAL event.
Heiser reported he would be attending the February 5th County Wide Summit on reducing green house emissions.
Steve Warner of Assemblyman Danny Gilmore's office will let City know of office location and hours as soon as they are determined.
Rodriguez reminded Council of League meeting on February 12th.
15.) REPORTS FROM CITY ATTORNEY
Attorney Garcia reported on a recent meeting with Joe Bocca and the opportunity to amend the foreclosure bill and act as an advocate for the valley.
16.) REPORTS FROM CITY MANAGER
City Manager Mittag reminded the council that staff does not normally correct, amend or comment during the agendised communications from the audience.
17.) REPORTS FROM CITY COUNCIL
Member Hively gave a report of the recent organizational meeting he attended for the Air Commission.
Mayor West thanked Assistant City Manager for recent savings on the audit of roughly $9000.00.
Member Wegman made a motion to recess to RDA, 2nd by Member Espitia @ 8:24 p.m.
Mayor reconvened regular meeting at 8:25 p.m.
Member Wegman made a motion to recess Closed Session, 2nd by Member Espitia @ 8:25 p.m.
18.) CLOSED SESSION:
Mayor reconvened open meeting at 10:30 p.m.
a) Public Employee Recruitment - City Manager, Government Code Section 54957.
b) Conference with Labor Negotiators
Agency designated representatives (Ron Mittag, Jim Zervis)
Employee organization: Central California Association of Public Employees, SEIU Local 521 AFL-CIO
City Attorney reported no reportable action taken.
19.) ADJOURNMENT Member Wegman made a motion to adjourn at 10:31, 2nd by Member Espitia. Motion carried meeting adjourned.
_____________________________ _____________________________
Vickie Hight, City Clerk Fred West Jr., Mayor
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