City of Wasco
City Council Minutes
March 3, 2009
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: Assistant City Manager Zervis offered the invocation.
4) ROLL CALL
Mayor West, Members; Espitia, Wegman
ABSENT: Cortez, Hively
Attorney B Garcia, City Clerk Hight, Executive Assistant Rodriguez, Assistant City Manager Zervis, Public Works Director Allen, Community Development Director Heiser, Sgt Armendariz
5) PRESENTATIONS AND AWARDS- None
6) COMMUNICATIONS FROM THE AUDIENCE:
Maria Salazar 1731 Lupine Ct asked for assistance with a home in her neighborhood where
up to 12 people live who make a lot of noise and are disruptive to the neighborhood.
Irene Morales of Morales Ice Cream asked for consideration of business license fees for
their two vending vehicles. Ms Morales stated that they have in the past only paid for
one license.
The Mayor instructed staff to place Ms Morales business license fee issue on the next agenda for consideration.
Member Wegman asked that tonight's meeting be dedicated in Newton Choices memory.
7) CONSENT CALENDAR:
a) Approval of Minutes from the following meetings:
Study Session and Regular Meeting on February 17, 2009.
b) Approval of Bill Paying List.
c) Acceptance of Investment Policy and Compliance Report for the Month of January 2009.
d) Report and Possible Approval, RE: Awarding a Contract to Safety Striping Service Inc. for asphalt lane striping throughout the city.
e) Acknowledge Receipt of Correspondence.
f) 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 calendar, 2nd by Member Espitia. Motion carried 3-0-2 Members Cortez and Hively absent.
8) Report, Public Hearing and Possible Approval, RE: 2009-2607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE ENTERPRISE ZONE DESIGNATION APPLICATION OF THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND AUTHORIZING THE EXECUTION OF AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS DESIGNATION. (Brown)
Mayor West opened the public hearing.
Economic Development Coordinator Brown gave a staff report of the application and stated that he was optimistic for the approval and award for Wasco.
Mayor West gave a brief explanation of what the Enterprise Zone is and that neighboring cities have already been awarded Enterprise Zones and Wasco's approval would be beneficial for the city.
Mayor West asked for comment or questions from the audience. Hearing none closed the public hearing at 7:10 p.m.
Member Wegman made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Espitia, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez, Hively
City Clerk Hight read the resolution title
9) Report and Possible Minute Action to Consider Appointment to the Economic Development Committee. (Brown)
Economic Development Coordinator Brown requested that the Council appoint Planning Commissioner Chairman Charlie Santillan to the last vacancy on the EDC.
Mayor asked for comment or discussion, hearing none, Member Wegman made a motion to appoint Charles Santillan to the Economic Development Committee, 2nd by Member Espitia. Motion carried 3-0-2. Members Cortez and Hively absent.
10) Report and Possible Approval, RE: 2009-2608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO REQUESTING THE DESIGNATION OF STATE HIGHWAY 46 AS THE LARRY S. PIERCE MEMORIAL HIGHWAY AND REQUESTING SUCH SUPPORT FROM OTHER LOCAL ELECTED OFFICIALS. (Brown)
Economic Development Coordinator Brown requested that the Council approve a resolution requesting a portion of Highway 46 be designated in honor of Local Medal of Honor recipient Army Staff Sergeant Larry S. Pierce.
Brown introduced gentlemen in the audience who wanted to address the council.
Raymond Ramirez, Art Martinez, Wambi Cook, and Henry J. Garcia were in attendance and in support of the designation.
Mayor West said that this was a great honor to move forward on this designation.
Members Wegman and Espitia both spoke of their support.
Member Wegman made a motion to approve, 2nd by Member Espitia.
Motion carried with the following vote:
AYES: West, Espitia, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Cortez, Hively
City Clerk Hight read the resolution title
11) Discussion of the Conditional Use Permit Requirements for the sale of alcohol. (Heiser)
Community Development Director Heiser gave a brief report of the Conditional Use Permit requirements and circulated a handout to council.
Assistant City Manager Zervis stated that the reason for this regulation is so that the city has input as to where alcohol may be sold.
Mayor West spoke of his concern that the city is not business friendly.
Member Cortez arrived at 7:35 p.m.
Member Wegman stated that we have ordinances for a reason, we have to have laws.
Member Cortez stated that staff needs to take a more common sense approach with businesses.
Member Espitia said that staff should have better communication with businesses.
After a lengthy discussion, no action taken.
12) Report and Possible Approval, RE: 2009-2606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO OFFERING FORMAL SUPPORT FOR DOCUMENT TO DEVELOP CONSENSUS ON TRANSPORTATION ISSUES. (Allen)
Public Works Director Allen gave the staff report and recommended approval.
Mayor West asked for comment or discussion, Member Espitia made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Hively
City Clerk Hight read the resolution title
13) Report and Possible Approval, RE: A Contract with the Kern County Sheriff regarding participation in the county work release program. (Allen)
Public Works Director Allen gave the staff report and recommended approval.
There was a brief discussion regarding transportation and placement within public works.
Mayor West asked for comment or discussion, Member Espitia made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Hively
14) Report and Possible Approval, RE: 2009-2609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FOR EXPANSION OF THE WASTEWATER TREATMENT PLANT FROM THE CLEAN WATER STATE REVOLVING FUND OF THE STATE WATER RESOURCES CONTROL BOARD AND AUTHORIZING THE MAYOR (OR MAYOR PRO TEM, IN THE MAYOR'S ABSENCE) TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE WATER RESOURCES CONTROL BOARD FOR THE PURPOSES OF THIS ALLOCATION. (Allen)
Public Works Director Allen gave the staff report stating that this is a shovel ready project and recommended approval.
Assistant City Manager Zervis stated that this was Wasco's attempt to take advantage of the stimulus plan.
Member Wegman commended staff for the aggressive approach to this project.
Mayor West asked for comment or discussion, hearing none, Member Wegman made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Hively
City Clerk Hight read the resolution title.
15) Report and Possible Approval, RE: 2009-2610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FOR A SLUDGE CENTRIFUGE FROM THE CLEAN WATER STATE REVOLVING FUND OF THE STATE WATER RESOURCES CONTROL BOARD AND AUTHORIZING THE MAYOR (OR MAYOR PRO TEM, IN THE MAYOR'S ABSENCE) TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE WATER RESOURCES CONTROL BOARD FOR THE PURPOSES OF THIS ALLOCATION. (Allen)
Public Works Director Allen gave the staff report.
Mayor West asked for comment or discussion, hearing none, Member Espitia made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: West, Cortez, Espitia, Wegman.
NOES: None
ABSTAIN: None
ABSENT: Hively
City Clerk Hight read the resolution title.
16) REPORTS FROM CITY STAFF
Heiser: gave a project report concerning Carl's Jr, Best Western and Denny's; all are progressing.
Brown: reported that a site tour in being planned and circulated recently printed material.
Sgt Armendariz: gave a staff report of recent activity in the city. He also reported that Sal went on a fishing trip.
Lieutenant Cornelison was introduced to council.
17) REPORTS FROM CITY ATTORNEY none
18) REPORTS FROM CITY MANAGER Assistant City Manager Zervis gave a brief report of:
1. Tentative budget meeting schedule,
2. Lew Edwards has completed their initial study and will be in contact to set a meeting
3. Would like to set a meeting with the contract services committee to discuss goals
4. Scheduled retirement party for three employees is set for March 21st.
19) REPORTS FROM CITY COUNCIL
Espitia commended public works for doing a fine job.
Cortez requested that the ordinances that are in question of not being business friendly need to be look at and should be brought to council for discussion. He also stated that he did not expect staff to deviate from enforcing ordinances. He also reported on a recent High Speed Rail meeting he attended stating that it is an exciting project.
Member Cortez made a motion to recess to RDA at 8:04 p.m., 2nd by Member Espitia.
Mayor West reconvened regular session at 8:07 p.m.
Member Cortez made a motion to move into closed session at 8:07 p.m., 2nd by Member Espitia. Motion carried.
CLOSED SESSION:
a) Public Employee Recruitment - City Manager, Government Code Section 54957.
b) Subject: Conference with Legal Counsel - Anticipated Litigation-One Case.
The City Council will recess to Closed Session to consider anticipated litigation pursuant to Government Code section 54956.9(c) and take appropriate action as needed. Pursuant to Government Code section 54954.5(c), case name will remain unspecified at this time.
c) Subject: Conference with Legal Counsel-Association of Irritated Residents v. City of Wasco, Case No. 1500-CV-263656 (Sup. Ct., County of Kern)
The City Council will recess to Closed Session to consider existing litigation pursuant to Government Code section 54956.9(c) and take appropriate action as needed.
d) Subject: Conference with Legal Counsel-McIntosh v. Northern California Universal Enterprises Company, Lotus Developments LLP, City of Wasco (E.D. Cal 07-CV-01080 LJO-GSA)
The City Council will recess to Closed Session to consider existing litigation pursuant to Government Code section 54956.9(c) and take appropriate action as needed.
e) Conference With Legal Counsel--Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (1 case)
City Attorney reported that council members met with legal counsel on a number of matters: On a motion of Member Cortez, 2nd by Member Espitia where council voted 5-0-0 to authorize settlement of a claim on a potential plaintiff.
On a motion of Member Hively, 2nd by Member Cortez where council voted 5-0-0 to authorize settlement agreement and release with a potential opposing party.
No other reportable action taken in closed session.
20) ADJOURNMENT Member Wegman made a motion to adjourn at 9:21 p.m., 2nd by Member Cortez. Motion carried. Meeting adjourned at 9:21 p.m.
_______________________________ ______________________________
Vickie Hight, City Clerk Fred West Jr., Mayor
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