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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 05/19/2009
City of Wasco
City Council Minutes
May 19, 2009
City Council Chambers
746 8th Street, Wasco, California 93280

Member Wegman asked that tonight's meeting be dedicated in memory of long-time resident Eulalia Velasco.

1)      CALL TO ORDER Mayor Pro Tem Espitia called the meeting to order at 7:00

2)      FLAG SALUTE
3)      INVOCATION:  Scott Allred of First United Methodist offered the invocation.
4)      ROLL CALL
Mayor Pro Tem Espitia, Members; Hively, Wegman
Absent: Mayor West, Member Cortez,
Attorney  B Garcia, Assistant City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, Sara Adler Planning Consultant, Sgt Armendariz

5)      PRESENTATIONS AND AWARDS: None

6)      COMMUNICATIONS FROM THE AUDIENCE: None

7)      CONSENT CALENDAR:
a)      Approval of Minutes from the following meetings:
Joint Budget Workshop/Study Session on April 21, 2009

b)      Approval of Bill Paying List.

c)      Acceptance of Sheriff's Activity Report for the Month of April 2009.

d)      Acceptance of Code Enforcement Report for the Month of April 2009.

e)      Acceptance of Monthly Building Permit Report for April 2009

f)      Acceptance of Investment Policy and Compliance Report for the Month of April 2009.

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.

With no discussion Member Wegman made a motion to approve, 2nd by Member Hively.  Motion carried 3-0-2.  Members West and Cortez absent.


8)      Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.
Assistant City Manager Zervis gave balance of 287,640.77 as of April 30, 2009.
No action taken.
9)      Report, Public Hearing and Possible Introduction of an Ordinance and Waive First Reading, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO REGARDING WATER CONSERVATION MEASURES TITLE 13, ADDING CHAPTER 13.20. (Allen)

Mayor Pro Tem opened the public hearing and Public Works Director Allen gave a brief staff report of the proposed ordinance regarding water conservation.
There was brief discussion regarding enforcement, water meters and usage.
There was no public comment.
Mayor Pro Tem Espitia closed the public hearing at 7:07 p.m.

Member Wegman made a motion to approve the first reading, 2nd by Member Hively.  Motion carried 3/0/2.

10)     Report, Public Hearing and Possible Approval, RE:  09-2619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO VACATING A SANITATION EASEMENT AS SHOWN ON PARCEL 5 OF PARCEL MAP 10556. (Allen)

Mayor Pro Tem opened the public hearing and Public Works Director Allen gave a brief staff report of the proposed resolution regarding vacation of a sanitation easement behind Best Western Hotel that has been determined unneeded by the Public Works Department.
There was no public comment.
Mayor Pro Tem Espitia closed the public hearing at 7:08 p.m.

Member Hively made a motion to approve, 2nd by Member Wegman.  Motion carried with the following vote:
AYES:        Espitia, Hively, and Wegman.
        NOES:        None
        ABSTAIN:  None
        ABSENT:   West, Cortez
        City Clerk Hight read the resolution title

11)     Report and Possible Approval, RE: 09-2620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING KERN COUNCIL OF GOVERNMENTS' TRANSPORTATION DEVELOPMENT ACT PUBLIC TRANSIT CLAIM FOR THE FISCAL YEAR 2009-2010. (Zervis)

Assistant City Manager Zervis gave a brief staff report asking for approval of the annual transit claim for 2009/10.

There were no comments.

Member Wegman made a motion to approve, 2nd by Member Hively.  Motion carried with the following vote:
AYES:        Espitia, Hively, and Wegman.
        NOES:        None
        ABSTAIN:  None
        ABSENT:   West, Cortez
        City Clerk Hight read the resolution title

12)     Report and Possible Approval, RE: 09-2621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA. (Zervis)

Assistant City Manager Zervis gave a brief staff report asking for approval making a united statement  from all League Cities to the State against the States proposed borrowing of property taxes.

Member Wegman made a motion to approve, 2nd by Member Hively.  Motion carried with the following vote:
AYES:        Espitia, Hively, and Wegman.
        NOES:        None
        ABSTAIN:  None
        ABSENT:   West, Cortez
        City Clerk Hight read the resolution title

13)     Report and Possible Approval RE: 09-2622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING PARTICIPATION IN THE KERN ENERGY WATCH PROGRAM. (Zervis)

Assistant City Manager Zervis gave a brief staff report asking for approval to join the Energy Watch Program that Kern Council of Governments Executive Direct Ron Brummett presented at the May 5, 2009 City Council meeting.

Member Wegman made a motion to approve, 2nd by Member Hively.  Motion carried with the following vote:
AYES:        Espitia, Hively, and Wegman.
        NOES:        None
        ABSTAIN:  None
        ABSENT:   West, Cortez
        City Clerk Hight read the resolution title

14)     Report and Possible Approval, RE: 09-2623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WASCO AND DEVELOPER MERJAN. (Zervis)

Assistant City Manager Zervis gave a brief staff report asking for approval of the reimbursement agreement with Merjan Financial, the majority owner of Wasco Investments, LLC, who will reimburse the city for Attorneys fees that their project will incur to do business with the city of Wasco.  The proposed project will bring in over 1700 new jobs.

Member Hively made a motion to approve, 2nd by Member Wegman.  Motion carried with the following vote:
AYES:        Espitia, Hively, and Wegman.
        NOES:        None
        ABSTAIN:  None
        ABSENT:   West, Cortez
        City Clerk Hight read the resolution title
15)     REPORTS FROM CITY STAFF
Zervis: reminded staff and council that there is a public workshop for the Recreation and Parks District at 6:00 on Thursday night.

Sgt Armendariz gave a brief report of the recent shooting on 5th and D streets.

16)     REPORTS FROM CITY ATTORNEY: none

17)     REPORTS FROM CITY MANAGER: none

18)     REPORTS FROM CITY COUNCIL:
Member Hively: asked if the recent shooting was a result of gang activity.  

Member Wegman made a motion to recess to the RDA agenda at 7:25 p.m.

Mayor Pro Tem Espitia reconvened the regular meeting at 7:27 p.m.

Mayor Pro Tem Espitia recessed the regular meeting to closed session at 7:727 p.m.

19)     CLOSED SESSION:

a)      Public Employee Recruitment - City Manager, Government Code Section 54957.  

b)      Sierra Club v. City of Wasco (No CV263663) and Association of Irritated Residents v. City of Wasco (CV 263656) Government Code Section 54956.9: Pending Litigation.

Mayor Pro Tem Espitia reconvened regular meeting at 7:38

City Attorney Garcia reported that the City Council took action by vote of Member Hively and Wegman to approve a settlement with Association of Irritated Citizens with a 3/0/2 vote.  Members West and Cortez absent.

No further reportable action taken.

20)     ADJOURNMENT:  Member Wegman made a motion to adjourn at 7:38 p.m. 2nd by Member Hively.  Motion carried meeting adjourned.









__________________________________                      ________________________________
Vickie Hight, City Clerk                                                Danny Espitia, Mayor Pro Tem