City of Wasco
City Council Minutes
April 6, 2010
City Council Chambers
746 8th Street, Wasco, California 93280
1) CALL TO ORDER Mayor Espitia called the meeting to order at 7:00p.m.
Member Wegman asked that the meeting be dedicated in memoriam to local residents Doris Chappel and Dr. G.A. Parrott.
2) FLAG SALUTE
3) INVOCATION: City Manager Jim Zervis offered the invocation.
4) ROLL CALL
Present: Mayor Espitia, Cortez, Hively, Wegman
Absent: West
Also Present: City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Millar, Sgt Craig, Lt. Cornelison,
5) PRESENTATIONS AND AWARDS:
a) City of Wasco Proclamation presented to Wasco/Shafter Relay For Life Committee for Wasco/Shafter 6th Annual Relay For Life sponsored by the American Cancer Society to be held April 24 and 25, 2010 at Wasco High School.
b) City of Wasco Proclamation presented to The Silver Star Families of America and proclaiming May 1, 2010 "Silver Service Banner Day" to honor the wounded, ill and injured troops and veterans of the City of Wasco.
Mayor Espitia recognized the committee form Relay for Life when they arrived later in the evening and presented their proclamation.
Rhonda Jones, Chairman, thanked the Council for their part in making Relay for Life in Wasco a success.
6) COMMUNICATIONS FROM THE AUDIENCE: none
7) CONSENT CALENDAR:
a) Approval of Minutes from the regular meeting on March 16, 2010
b) Approval of Bill Paying List, total amount of $786,717.76
c) Second Reading and Possible Adoption of an Ordinance, RE: 10-605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 10-01 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, SECTION N OF THE HISTORIC DOWNTOWN WASCO OVERLAY DISTRICT TO CLARIFY THE PROCESS FOR THE DETERMINATION OF ACCEPTABLE BUILDING MATERIALS FOR USE IN THE DOWNTOWN AS REFLECTED IN EXHIBIT A.
d) Report and Possible Approval, RE: Deputy Public Works Director Employment Agreement.
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, 2nd by Member Hively all in favor motion carried with the following vote:
AYES: Cortez, Hively, Wegman, and Espitia
NOES: None
ABSTAIN: None
ABSENT: West
City Clerk Hight read the ordinance title
Mayor Espitia postponed hearing item 8) until all of the council is present.
Member West arrived at 7:42 p.m.
Mayor West introduced item 8) for discussion.
8) Report and Possible Introduction of an Urgency Ordinance, RE: 10-606 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 FOR THE PURPOSE OF PROHIBITING MEDICAL MARIJUANA DISPENSERIES INCLUDING, WITHOUT LIMITATION, ISSUING BUSINESS LICENSES FOR SAME, UNTIL COMPLETION OF A ZONING ORDINANCE REGULATING THE LOCATION AND CONDITIONS FOR OPERATION OF SAME. (Allinder)
Community Development Director Allinder gave report stating the phone call that prompted the
urgency ordinance. She told the Council of the regulations of the ordinance and its timeframe.
Mayor Espitia asked for comment or questions, hearing none, Member Wegman made a motion to approve, 2nd by Member Hively. Motion carried with the following vote:
AYES: Cortez, Hively, Wegman, West and Espitia
NOES: None
ABSTAIN: None
ABSENT: None
City Clerk Hight read the ordinance title
9) Report and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE CHAPTER 12.20 AND ORDINANCE NO. 203 RELATING TO TREES AND SHRUBS TO PROVIDE FOR THE DUTY OF PROPERTY OWNERS TO MAINTAIN AND REPAIR ADJOINING SIDEWALKS AND THEIR LIABILITY FOR FAILURE TO DO SO. (Zervis)
City Manager Zervis gave report and asked for Council discussion.
Members Hively and Wegman stated their support and the need for code enforcement and public education regarding residents' liability.
Member Cortez had concerns regarding certain residential areas of town that have trees in the green space and issues for property owners in the downtown.
Anna Sanchez Birch Ave spoke of her concerns regarding sidewalk maintenance that was done at her residence and the liquid amber trees are a nuisance.
Council gave staff direction.
No action taken.
10) Report and Possible Minute Action, RE: 2009-2010 Kern County Grand Jury Report on the City of Wasco and Response. (Zervis)
City Manager Zervis gave the report and asked for direction.
Mayor Espitia asked for comment or questions, Member Cortez commended staff for a job well done in clarifying the response.
Member Cortez made a motion to approve response, 2nd by Member Hively, motion carried
11) Report and Possible Approval, RE: An Agreement Between the City of Wasco, Wasco Rotary Club and J&J Market for the Installation of Two Transit Sunshades Located at the Intersection of Highway 43 and Poso Drive. (Allen)
Public Works Director Allen gave the report. He stated that the agreement will have a name correction from the operator to the owner. He reported on the $1200 donation from The Wasco Rotary Club and recommended approval.
Member Wegman made a motion to approve the contract as corrected, 2nd by Member Cortez. All in favor. Motion carried 4-0-1 Member West absent.
12) Report and Possible Approval, RE: 10-2700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN AGREEMENT WITH BOWEN ENGINEERING AND ENVIRONMENTAL FOR DEMOLITION SERVICES AND AUTHORIZING THE CITY MANAGER TO APPROVE RELATED CONTRACT CHANGE ORDERS. (Zervis)
City Manager Zervis gave staff report of the demolition process and the possible need to adjust payment as testing for asbestos has not yet been accomplished.
Member Cortez asked how that adjustment would be made, Zervis answered.
Member Wegman made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Cortez, Hively, Wegman, and Espitia
NOES: None
ABSTAIN: None
ABSENT: West
City Clerk Hight read the resolution title
13) Report and Possible Approval, RE: Contracts with Property Owners for the Neighbor Stabilization Program (NSP) Demolition Project:
a) 959 E Street, Wasco, CA 93280
b) 965 E Street, Wasco, CA 93280
c) 1255 E Street, Wasco, CA 93280
d) 1600 D Street, Wasco, CA 93280
City Manager Zervis explained that the agreements with the property owners need to be approved by Council and consent given by property owners to move ahead with demolition.
Member Cortez made a motion to approve, 2nd by Member Hively. Motion carried with a 4-0-1 vote, Member West absent.
14) Report and Possible Minute Action, RE: Citywide Cargo Container Regulations. (Allinder)
Community Development Director Allinder gave the staff report stating that staff has met with John Martin and to review the property history and found that the property and container in question was not grandfathered. The Martins expressed interest in relaxing the ordinance for the allowance of certain containers. The Martins were not able to attend the City Council meeting and asked for this to be reviewed again at the second meeting in May.
Mayor Espitia had concerns with making allowances for certain containers when the ordinance has been enforced for others.
Member Wegman agreed that the City needs to enforce their ordinances.
Member Cortez stated that the Martins wanted the ability to address the council and made a motion to table the item as requested by the pubic. There was no second. Motion died.
Member Hively agreed with Member Cortez that the public should be heard and the Martins can address the council at any time.
Member Wegman made a motion to leave the ordinance as it is written, 2nd by Member Hively, motion carried with a 3-1-1 vote. Member Cortez voted no, and Member West absent.
15) Report and Possible Minute Action, RE: Customer Feedback and Request Policy Statement. (Zervis)
City Manager Zervis introduced and recommend approval of a policy that will be implemented through a new web-site interface that will allow the public to submit specific issues directly to the City and have those issues tracked, resolved, and responded to in a timely fashion. He stated the Comcate software will be a valuable tool for the residents and staff to use to improve customer service.
Member Wegman agreed that it was an excellent tool for the community
Member Cortez agreed that it was a great tool for public access.
Member Wegman made a motion to approve, 2nd by Member Cortez. Motion carried with a 4-0-1 vote. Member West absent.
Member West arrived at 7:42 p.m.
16) Report, Discussion and Possible Minute Action, RE: Wasco Housing Authority Tenant Commissioner Appointments. (City Clerk Hight)
City Clerk Hight reported that letters of interest in the appointment have been received from the two seated tenant commissioners; Reyna Alvarado and Julio Bernal and an additional letter has been received from Rafael Orozco.
Member Hively stated that he would like to interview candidates and asked staff to set those appointments.
There was a question regarding the committee members, staff will review.
No action taken.
17) REPORTS FROM CITY STAFF
City Clerk reported that Wasco Housing Authority commissioner Tara Lara submitted her letter of resignation and asked for direction to post the position.
Sgt Craig gave staff report of recent activity in the city.
18) REPORTS FROM CITY ATTORNEY none
19) REPORTS FROM CITY MANAGER
City Manager Zervis reported on Congressman Costa meeting and invited members to attend a League of California Cities meeting with him on April 15th in the City of Fowler.
20) REPORTS FROM CITY COUNCIL none
Mayor Espitia recessed regular meeting to RDA agenda at 7:55 p.m.
Mayor Espitia reconvened regular meeting at 8:14 p.m.
21) CLOSED SESSION:
a) Approval of close session minutes from the March 16, 2010 meeting.
b) Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(b) (one case)
c) Government Code Section 54956.9(a): Pending Litigation.
McIntosh v. City of Wasco.
Attorney Schroeter reported that on motion of Member Wegman 2nd by Member West minutes were approved.
Mayor Espitia left closed session and returned to council chambers during closed session stating a conflict because discussion was regarding property that his employer owns.
Attorney Schroeter reported that no other reported action was taken during closed session.
22) ADJOURNMENT Mayor Espitia adjourned regular meeting at 8:51 p.m.
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