City of Wasco
City Council Minutes
TUESDAY, July 7, 2009 - 5:30pm
1) CALL TO ORDER: Mayor West called the meeting to order at 5:36p.m.
2) ROLL CALL: Mayor West, Members: Cortez, Hively
Absent: Members: Espitia, Wegman
3) COMMUNICATIONS FROM THE AUDIENCE: None
Director Cortez made a motion to recess to close session at 5:38p.m., 2nd by Member Hively. Members Espitia and Wegman absent.
4) CLOSED SESSION:
a) Public Employee Recruitment - City Manager, Government Code Section 54957
Close session continued.
5) CALL TO ORDER: Mayor West reconvened the meeting at 7:05p.m. and apologized for the delay. All members present.
6) FLAG SALUTE
7) INVOCATION: John Ross of Westside offered the invocation.
8) COMMUNICATIONS FROM THE AUDIENCE:
Clint Thompson 1812 San Jose Avenue, with Heller Development & runs Las Rosas Tract on Filburn, informed council that it's unfair that he has to pay sewer and trash on vacant lots.
9) CONSENT CALENDAR:
a) Approval of Minutes from the following meetings:
Regular meeting on June 16, 2009
Special meeting on June 16, 2009
b) Approval of Bill Paying List.
c) Report and Possible Approval, RE: 09 - 2640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A CONTRACT FOR SERVICES BETWEEN THE CITY OF WASCO AND THE OFFICE OF THE STATE CONTROLLER, DIVISION OF AUDITS TO PREPARE THE ANNUAL STREET REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2009; AND ANY RELATED DOCUMENTS NECESSARY TO COMPLETE THE CONTRACT.
d) Report and Possible Approval, RE: Approval of a letter of authorization to the Kern Mosquito and Vector Control District authorizing the application of mosquito control insecticides by low-flying aircraft over the City of Wasco between June 1st and October 31st, 2009.
e) Report and Possible Approval, RE: 2009 - 2641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION TO THE STEWARDSHIP COUNCIL'S YOUTH INVESTMENT PROGRAM FOR FUNDING UNDER THE INFRASTRUCTURE GRANT; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE INFRASTRUCTURE GRANT PROGRAM AND AUTHORIZING THE MAYOR (OR MAYOR PRO TEM, IN THE MAYOR'S ABSENCE) TO ACT ON THE CITY'S BEHALF IN ALL MATTERS PERTAINING TO THE PROPOSED STEWARDSHIP COUNCIL'S YOUTH INVESTMENT PROGRAM, INFRASTRUCTURE GRANT APPLICATION.
f) Report and Possible Approval, RE: 2009 - 2642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION TO THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR AN AWARD FROM THE SOBRIETY CHECKPOINT MINI-GRANT PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE SOBRIETY CHECKPOINT PROGRAM AND AUTHORIZING THE MAYOR (OR MAYOR PRO TEM, IN THE MAYOR'S ABSENCE) TO ACT ON THE CITY'S BEHALF IN ALL MATTERS PERTAINING TO THE PROPOSED SOBRIETY CHECKPOINT PROGRAM APPLICATION.
g) Report and Possible Approval, RE: 2009 - 2643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION TO THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR AN AWARD FROM THE NEXT GENERATION - CLICK IT OR TICKET MINI-GRANT PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CLICK IT OR TICKET PROGRAM AND AUTHORIZING THE MAYOR (OR MAYOR PRO TEM, IN THE MAYOR'S ABSENCE) TO ACT ON THE CITY'S BEHALF IN ALL MATTERS PERTAINING TO THE PROPOSED CLICK IT OR TICKET PROGRAM APPLICATION.
h) Acknowledge Receipt of Correspondence.
i) Approve the Reading of All Ordinances and Resolutions by Title Only and
Approve Publication of All Ordinances in Summary Form.
Without discussion, Member Wegman made a motion to approve the calendar, 2nd by Member Cortez. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
Deputy City Clerk Rodriguez read the resolution titles.
10) Report, Public Hearing and Possible Approval, RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO DENYING THE APPEAL FILED FOR CONDITIONAL USE PERMIT NO. 08-04 AND UPHOLDING PLANNING COMMISSION ACTION. (Millar)
PMC Consultant Millar gave report.
Darrel Fields 456 E. Warren Ave., Bakersfield, General Building Contractor for the Church of Pentecost and was asked to review documents and events surrounding issue and speak on the church's behalf.
William Downing 2425 Sunset Avenue discussed the conversation with Roy Johnson and members of the church held at the church on the corner of Filburn & Palm where they discussed annexation negotiations, where Pastor Downing & Roy Johnson agreed upon off-site improvement concessions.
Albert Munoz, 328 Broadway, spoke on behalf of the church's appeal and supported off-site improvement concessions.
Perry Green, 837 2nd Street, spoke on behalf of the church's appeal and supported off-site improvement concessions.
Jessica Sidhu, 1020 9th Place, spoke on behalf of the church's appeal and asked council to support the church's construction plan without the additional costs of off-site improvements so that they can continue their work in the community.
Mayor West asked that Mr. Roy Johnson to describe the circumstances from the meeting held in 1995.
Past Mayor Roy Johnson described the circumstances from the meeting in 1995 where he spoke of his conversations with Pastor Downing where at the request of then City Manager and the City Council to come to an agreement with the Sounds of Pentecost waiving the required improvements to property if they would annex into the City.
Mayor West spoke of his support of a gentleman's binding handshake.
Member Espitia mentioned that Mr. Johnson should have brought the report to then City Council for a vote and have the agreement on record to protect the integrity of the City.
Member Wegman asked if there was a record of the agreement and vote. Staff confirmed that there was no open meeting action regarding Pastor Downing's annexation agreement.
There was further discussion regarding possible Brown Act violations, other properties annexed at the same time, validity of agreements made outside of open meetings, possible litigation if approval, and future completion of off-site improvements and ratio of parking spaces required.
Gary Jones 2025 Jubilee heard stating his opinion that approving this action would possibly be "opening a can of worms".
Mr. Fields commented that other properties had no pre-annexation agreement like the Sounds of Pentecost.
Pastor Downing expressed that it's the congregations desire to enhance the community and off-site improvements would be completed upon and at the church's financial discretion.
Attorney Garcia said that there is a closed session possible litigation item on the agenda and recommends that council recess to close session at this time.
Member Cortez made a motion to recess to close session at 8:30p.m., 2nd by Member Espitia. Meeting recessed.
Council returned from Closed Session at 8:42p.m. and Member Cortez made a motion to continue this public hearing to the next City Council meeting, 2nd by Member Espitia. All in favor, motion carried.
11) Report, Public Hearing and Possible Approval, RE:
a) 2009 - 2645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 01-01 FOR FISCAL YEAR 2009-10. (Zervis)
b) 2009 - 2646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 01-02 FOR FISCAL YEAR 2009-10. (Zervis)
c) 2009 - 2647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 06-1 FOR FISCAL YEAR 2009-10. (Zervis)
d) 2009 - 2648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2009-10. (Zervis)
Mayor West opened the public hearing for comment. Hearing none, Mayor West closed the public hearing at 8:47p.m.
Assistant City Manager gave report.
Member Wegman made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
Deputy City Clerk Rodriguez read the resolution titles.
12) Report, Public Hearing and Possible Approval, RE: Consideration of Zoning Ordinance Text Amendment (ZOTA) No. 07-12, proposing an amendment to Title 17 Zoning of the City of Wasco Municipal Code defining fowl in the City of Wasco. (Millar)
Mayor West opened the public hearing for comment.
PMC Consultant Millar asked council to continue the item to July 21, 2009.
Patty Mehlberg, 2218 3rd Street, heard stating that neighbors have chickens and are very noisy. Would like for chickens to not be allowed.
Member Hively made a motion to continue the public hearing to the item to July 21, 2009, 2nd by Member Espitia.
13) Report, Public Hearing and Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, SECTION 17.19 (RESIDENTIAL SPECIFIC STANDARDS), 17.51 (DESIGN DISTRICT GUIDELINES), AND 17.73 (INTERPRETATIONS AND MISCELLANEOUS) TO PROHIBIT CHAIN LINK FENCING IN ALL ZONE DISTRICTS EXCEPT THE I-H (HEAVY INDUSTRIAL), I-L (LIGHT INDUSTRIAL), AND C-S (SERVICE COMMERCIAL) ZONE DISTRICTS. (Millar)
Mayor West opened the public hearing.
PMC Consultant Millar gave report.
Marleen Swan 700 Silvertree Lane asked if the new park can have a chain link fence. Assistant City Manager Zervis mentioned that they would have to review the plans.
Mayor West closed the public hearing at 8:57p.m.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
Deputy City Clerk Rodriguez read the ordinance title.
14) a) Report, Public Hearing and Possible Approval, RE: 2009 - 2655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING GENERAL PLAN AMENDMENT NO. 08-03 AND PRECISE DEVELOPMENT NO. 08-06. (Millar)
Mayor West excused himself from this item at 8:58p.m.
Mayor Pro Tem Espitia opened the public hearing.
PMC Consultant Millar gave report and Planning Commission recommends denial. This will increase the demand of parking.
Richard Sharp, 1100 West Central was present on behalf of Louie Becerra. Mr. Sharp informed council that they have worked and submitted requested items to the planning department and they were rejected.
Marleen Swan, 700 Silverree Lane was opposed to the project.
Barbara Lucas, 102 Palm Avenue was opposed to the project.
Mayor Pro Tem closed the public hearing at 9:21p.m.
After some discussion Member Cortez made the motion to approve with the condition of "no parking" signs posted, 2nd by Member Hively. Motion carried with the following vote:
AYES: Cortez, Espitia, Hively
NOES: Wegman
ABSTAIN: West
ABSENT: None
Deputy City Clerk Rodriguez read the resolution title.
b) Report, Public Hearing and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONE CHANGE NO. 08-05 AMENDING THE ZONING MAP OF THE CITY OF WASCO FROM THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-3/PD-08-06 (HIGH DENSITY RESIDENTIAL/PRECISE DEVELOPMENT OVERLAY) ZONE DISTRICT. (Millar)
Mayor Pro Tem Espitia opened the public hearing.
PMC Consultant Millar gave report.
Mayor Pro Tem Espitia closed the public hearing at 9:23p.m.
Member Hivley made the motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Cortez, Espitia, Hively
NOES: Wegman
ABSTAIN: West
ABSENT: None
Deputy City Clerk Rodriguez read the ordinance title.
15) Report, Public Hearing, RE: Conducting a public hearing to inform citizens of the funding available through the Community Development Block Grant (CDBG) Program and to obtain public input on the proposed FY 2009/2010 CDBG General Allocation activities. (Zervis)
Mayor West opened the public hearing.
Assistant City Manager Zervis gave report.
Mayor West closed the public hearing at 9:27pm.
Member Wegman made the motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
16) Report and Possible Approval, RE: 2009 - 2649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A 2009/2010 APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE GENERAL/COLONIA ALLOCATION OF THE STATE CDBG PROGRAM. (Zervis)
Assistant City Manager Zervis gave report.
Member Cortez made the motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
Deputy City Clerk Rodriguez read the resolution title.
17) Report and Possible Approval, RE: 2009 - 2650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN AMENDMENT TO THE SITE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF WASCO AND VOYAGER LIGHT PRODUCTIONS. (Zervis)
Assistant City Manager Zervis gave report.
Member Wegman made the motion to approve until the end of the current contract and then renegotiate, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
Deputy City Clerk Rodriguez read the resolution title.
18) Report and Possible Approval, RE: A contract between the City of Wasco and the County of Kern for implementation of cross-connection control program. (Allen)
Public Works Director Allen gave report.
Member Wegman made the motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
19) Report and Possible Approval, RE: Authorization for additional expenditure of wastewater reserve funds, for the repair of trickling filter #1. (Allen)
Member Wegman left at 9:37p.m.
Public Works Director Allen gave report.
Member Espitia made the motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively
NOES: None
ABSTAIN: None
ABSENT: Wegman
20) Report and Possible Approval, RE: 2009 - 2651 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 HOME INVESTMENT PARTNERSHIPS 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 HOME INVESTMENT PARTNERSHIPS PROGRAM. (Zervis)
Assistant City Manager Zervis gave report.
Member Cortez made the motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Cortez, Espitia, Hively
NOES: None
ABSTAIN: West
ABSENT: Wegman
Mayor Wegman returned.
Deputy City Clerk Rodriguez read the resolution title.
21) Report and Possible Approval RE: 2009 - 2652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN ENGAGEMENT LETTER FOR SERVICES BETWEEN THE CITY OF WASCO AND ALBERT & ASSOCIATES, LLP TO CONDUCT THE ANNUAL CITY AUDIT AND RELATED SERVICES FOR THE FISCAL YEAR ENDED JUNE 30, 2009; AND ANY RELATED DOCUMENTS NECESSARY TO COMPLETE THE ENGAGEMENT. (Zervis)
Assistant City Manager Zervis gave report.
Member Wegman made the motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: West
ABSENT: None
Deputy City Clerk Rodriguez read the resolution title.
22) Report and Possible Approval, RE: 2009 - 2653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF WASCO AND THE WASCO RECREATION AND PARKS DISTRICT TO MAINTAIN AND OPERATE BARKER PARK AND WESTSIDE PARK BETWEEN JULY 1, 2009 AND JUNE 30, 2010. (Zervis)
Assistant City Manager Zervis gave report.
Member Wegman made the motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: West, Cortez, Hively, Wegman
NOES: None
ABSTAIN: Espitia
ABSENT: None
Deputy City Clerk Rodriguez read the resolution title.
23) Report and Possible Approval, RE: 2009 - 2654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WASCO AND THE CENTRAL CALIFORNIA ASSOCIATION OF PUBLIC EMPLOYEES SEIU, LOCAL 700, ALF-CIO. (Zervis)
Assistant City Manager Zervis gave report.
Member Wegman made the motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Hively, Wegman
NOES: None
ABSTAIN: None
ABSENT: None
Deputy City Clerk Rodriguez read the resolution title.
24) Report and Possible Minute Action, RE: Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference - September 16-18th in San Jose. (Zervis)
Assistant City Manager Zervis gave report.
Member Wegman made the motion to nominate Member Hively as the Voting Delegate and nominate Mayor West as the Alternative Voting Delegate, 2nd by Member Espitia. Motion carried.
25) REPORTS FROM CITY STAFF
Millar: None
Allen: Gave update on projects (Denny's, Circle K, & KFC/A&W) & got funding agreement for ARRA project.
Deputy: Gave a brief report from the Sheriffs department
26) REPORTS FROM CITY ATTORNEY - None
27) REPORTS FROM CITY MANAGER
Informed council that he met with Sgt. Armendariz regarding a few issues.
28) REPORTS FROM CITY COUNCIL
Member Cortez: Would like flowers sent to the family of Assistant City Manager of Tehachapi.
Member Hively: Discussed the meeting he attended in Tehachapi and how the police force was changed to private.
Mayor Pro Tem Espitia: Apologized for not making it to the first close session but was at a meeting in Bakersfield that took longer than expected. Mentioned that staff need to notice when offices will be closed, he received phone calls about trash not being picked up the day before the 4th of July holiday.
Member Wegman: None
Mayor West: None
29) CLOSED SESSION:
a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (1 case)
30) ADJOURNMENT Member Cortez made a motion to adjourn to the Wasco Redevelopment Agency Meeting at 10:00p.m., 2nd by Member Hively. All in favor, meeting adjourned.
_____________________________ _____________________________
Duviet Rodriguez, Deputy City Clerk Fred West, Jr., Mayor
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