City of Wasco
City Council Minutes
June 16, 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: Danny Arellano of Primera Iglesia Bautista offered the invocation.
4) ROLL CALL
Mayor West, Members; Cortez, Espitia, Hively, Wegman
Attorney B Garcia, Assistant City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Millar, Sgt Armendariz
5) PRESENTATIONS AND AWARDS: None
6) COMMUNICATIONS FROM THE AUDIENCE:
Stephen Warren 721 Trenton, Delano CA told the council and audience his business hours for the community to be able to access Assemblyman Danny Gilmores office is every Wednesday from 1:00 to 3:00 at the Wasco Veterans Hall. He also spoke of the June 26th job fair in East Bakersfield.
7) CONSENT CALENDAR:
a) Approval of Minutes from the regular meeting on June 2, 2009.
b) Approval of Bill Paying List.
c) Acceptance of Sheriff's Activity Report for the Month of May 2009.
d) Acceptance of Code Enforcement Report for the Month of May 2009.
e) Acceptance of Monthly Building Permit Report for May 2009.
f) Acceptance of Investment Policy and Compliance Report for the Month of May 2009.
g) Report and Possible Approval, RE: 09-2633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO DESIGNATING A REDEVELOPMENT SURVEY AREA; DIRECTING THE WASCO PLANNING COMMISSION TO SELECT PROJECT AREA BOUNDARIES AND TO FORMULATE A PRELIMINARY PLAN IN CONNECTION WITH THE PREPARATION OF THE PROPOSED WASCO REDEVELOPMENT PROJECT AREA NO. 2; AND DIRECTING THE AGENCY TO COMMENCE ALL REQUIRED STUDIES AND PROCEDURES NECESSARY FOR PROJECT ADOPTION.
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 Espitia. Motion carried with the following vote:
AYES: Mayor West, Members Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title.
8) Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.
Assistant City Manager Zervis gave an account balance of $287.640.77 as of May 31, 2009.
No action taken.
9) Report, Public Hearing and Possible Approval, RE: Appeal of Planning Commission Resolution No. 09-15, approving Conditional Use Permit No. 08-04 for construction of a new 7,200 square foot sanctuary/hall at the existing church and allow for a cargo container to be utilized for storage. (Millar)
Assistant City Manager Zervis stated that the applicant Sounds of Pentecost Church has requested a continuance of this public hearing as they are not ready to present their building plan.
Mayor West opened the public hearing for comment. Hearing none continued the public hearing to the July 7, 2009 regular city Council meeting.
10) Report, Public Hearing and Possible Approval, RE: 09-2634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO GRANTING THE APPEAL FILED FOR PRECISE DEVELOPMENT NO. 08-03 WITH MODIFICATIONS AND AMENDING PLANNING COMMISSION ACTION. (Millar)
Mayor West opened the public hearing.
PMC Consultant Millar gave a report of the approval of the Planning Commission on May 11, 2009. The staff recommended action tonight would amend the amount of dedication along Poso Drive and along J Street. The approval of the resolution would modify the Planning Commissions decision to waive the required dedications.
There was discussion regarding timelines for the project and permits.
Jeff Martin 1316 J Street Asked the Council to deny the appeal and support their business.
John Martin 995 Cypress spoke of his lifelong roots in Wasco. He mentioned Mr. Anderson and the cost to him caused by the delays. He also mentioned the Medina Family who was in the audience and how this appeal would adversely affect their business.
John Wilson 2021 E Street Bakersfield heard regarding the timeline of the appeal and circulated information regarding the process and again asked the council to deny the appeal.
Mayor West stated that the arguments made seem to be valid.
There was discussion regarding the 10 day period for the filing of the appeal, and City Attorney stated that the appeal should have been filed by the 9th day to meet the requirements.
Member Cortez stated that since the appeal was not filed properly, there was no other choice but to deny.
Mayor West closed the public hearing at 7:54
Member Cortez made a motion to deny the appeal, 2nd by Member Hively. Motion carried with the following vote:
AYES: Mayor West, Member Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The resolution did not move forward.
11) Report and Possible Approval, RE: 09-2635 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A TAX SHARING AGREEMENT BY AND BETWEEN THE CITY OF WASCO AND MERJAN FINANCIAL CORPORATION. (Zervis)
Assistant City Manager gave a staff report of the agreement and how it would benefit both the City and investors. Zervis reported on the tax share schedule and recommended approval.
Mayor West asked for comments or questions.
Member Cortez commended staff for the approach.
Mayor West said it sounds like a good plan.
Member Espitia agreed.
Member Hively also agreed and made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Mayor West, Member Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title.
William Barkett of Merjan Financial Corporation/ Wasco Investments LLC stated that this approach is a win-win for both the City and the Investors and thanked the staff for being proactive, responsive and great to work with.
12) Report and Possible Approval, RE: 09-2636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO DECLARING ITS INTENTION TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR WASCO MAINTENANCE DISTRICT NO. 1, WASCO LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS NO. 01-01, NO. 01-02 AND NO. 06-1 FOR TAX YEAR 2009-10 AND AUTHORIZING THE CITY CLERK TO PUBLISH THE RESOLUTION SETTING THE PUBLIC HEARING. (Zervis)
Assistant City Manager Zervis gave the annual engineers report, recommend approval of the report and set the public hearing for the July 7th regular meeting.
Member Wegman left the council chambers at 8:01p.m.
Mayor West asked for questions or comments.
Hearing none Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Mayor West, Member Hively, Espitia, Cortez
NOES: NONE
ABSTAIN: NONE
ABSENT: Wegman
City Clerk Hight read the resolution title.
Member Wegman returned to council chambers at 8:03 p.m.
13) Report and Possible Approval RE: A Request For Qualifications for Legal Services for the City of Wasco and Authorization to Publish Such Request. (Zervis)
Assistant City Manager Zervis gave a brief report stating that at the direction of the Contract Services Committee an RFQ has been created to evaluate the cost of the City's legal services.
Zervis stated that a sample was in the agenda packet for Council review.
There was brief discussion regarding retainer versus fess for service with a retainer being the preferred method.
Member Hively spoke in favor stating this is something we must look at.
Member Cortez made a motion to approve with the clarification that a retainer was preferred, 2nd by Member Hively. Motion carried with the following vote:
AYES: Mayor West, Member Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
14) Report and Possible Approval, RE: 09-2637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO NOMINATING SAID CANDIDATE TO THE SPECIAL CITY SELECTION COMMITTEE FOR APPOINTMENT TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD. (City Clerk Hight)
City Clerk Hight gave the report requesting a nomination from the applicants provided to the San Joaquin Valley Air Pollution Control Board.
The applicants were Member Dennis Martin, McFarland, Member Randy Miller, Taft, Member Grace Vellejo, Delano and Member Tim Tarver, Arvin.
Member Wegman nominated Tim Tarver stating that the air in Arvin is the worst, 2nd by Member Espitia.
There was discussion regarding the other candidates.
Member Cortez stated that he knew 3 of the 4 candidates.
Member Hively stated that he thought they were good candidates.
Mayor West asked for a vote.
AYES: Member Hively, Espitia, and Wegman
NOES: Mayor West, Cortez
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title
15) Report and Possible Approval, RE: 09-2638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION FOR SAFE DRINKING WATER STATE REVOLVING FUND AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING OF THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH AND NAMING AN AUTHORIZED REPRESENTATIVE TO SUBMIT AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF PUBLIC HEALTH. (Allen)
Public Works Director Allen gave a brief report of the funding and recommended approval.
There was a brief discussion regarding costs and successful program implementation.
Member Cortez made a motion to approve, 2nd by Member Espitia. Motion carried with the following vote:
AYES: Mayor West, Member Hively, Espitia, Cortez and Wegman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk Hight read the resolution title.
16) REPORTS FROM CITY STAFF
Allen; reported on the birth of his son last week.
Deputy Cantu: gave a brief report of the BNSF trespassing issue and how the Department is working to resolve issue with posting of sins and patrol. He also spoke of SAL program and how it is thriving in the community.
17) REPORTS FROM CITY ATTORNEY- none
18) REPORTS FROM CITY MANAGER
Spoke of his upcoming attendance at the California budget presentation in Fresno Thursday June 18th, where the Governor will be speaking.
19) REPORTS FROM CITY COUNCIL
Member Hively invited staff and council to attend the reverse drawing for the Wasco High Hall of Fame.
Member Cortez congratulated Dan on the birth of his son.
Mayor West inquired as to the audit/findings of PMC of the Community Development Department.
Mayor West recessed to the RDA agenda at 8:34 p.m.
Mayor West reconvened regular City Council meeting at 8:34 p.m.
Mayor West recessed to the Special Meeting at 8:34 p.m.
Mayor West reconvened the regular City Council meeting at 8:38 and recessed into closed session.
20) CLOSED SESSION:
a) Public Employee Recruitment - City Manager, Government Code Section 54957.
b) Conference with Labor Negotiators
Agency designated representative (Jim Zervis)
Employee organization: Central California Association of Public Employees,
SEIU Local 521 AFL-CIO.
Mayor West reconvened the regular meeting from closed session at 9:09 p.m.
Attorney Garcia reported that the council met and took no reportable action.
21) ADJOURNMENT Member Cortez made a motion to adjourn at 9:09 p.m., 2nd by Member Hively. All in favor meeting adjourned.
___________________________ ___________________________
Vickie Hight, City Clerk Fred West Jr., Mayor
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