City of Wasco
City Council Minutes
July 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 tonight's meeting be dedicated to Tony Reyna and other local service men and women who are serving our country in various parts of the world.
2) FLAG SALUTE Mayor Espitia led the flag salute.
3) INVOCATION: Marvin Cockrell of True Light Missionary Baptist church offered the invocation.
4) ROLL CALL
Present: Mayor Espitia, Members: Cortez and Wegman
Absent: Member Hively and West
Also Present: City Manager Zervis, Assistant City Manager Allen City Clerk Hight, Executive Assistant Rodriguez, Community Development Director Allinder, and Deputy Cantu.
5) PRESENTATIONS AND AWARDS: none
6) COMMUNICATIONS FROM THE AUDIENCE: none
7) CONSENT CALENDAR:
a) Approval of Minutes from the regular meeting on June 15, 2010.
b) Approval of Bill Paying List, total amount of $430,910.64
c) Second Reading and Possible Adoption of an Ordinance, RE: 10-609 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING TITLE 12 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTER 12.04.060 (STREETS, SIDEWALKS, AND PUBLIC PLACES) AS REFLECTED IN EXHIBIT A.
d) Report and Possible Approval, RE: 10-2724 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, 2010; AND ANY RELATED DOCUMENTS NECESSARY TO COMPLETE THE CONTRACT.
e) Report and Possible Approval, RE: 10-2725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
f) Report and Possible Approval, RE: 10-2726A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, WITH THE STATE WIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
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.
Without discussion, Member Wegman made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Wegman,
NOES: None
ABSTAIN: None
ABSENT: Hively West
City Clerk Hight read the resolution and ordinance titles.
8) Report, Public Hearing and Possible Approval, RE: 10-2727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO DECLARING THERE ARE NO UNMET TRANSIT NEEDS THAT CAN REASONABLY BE MET WITHIN THE CITY OF WASCO. (Allen)
Mayor Espitia opened the public hearing.
Assistant City Manager Allen gave the staff report citing state laws and the requirements of the public hearing.
Mayor Espitia asked for comment, hearing none closed the public hearing at 7:02
Without discussion, Member Wegman made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Wegman,
NOES: None
ABSTAIN: None
ABSENT: Hively West
City Clerk Hight read the resolution title.
9) Report, Public Hearing, and Possible Approval, RE:
a) 10-2728 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 2010-11. (Allen)
b) 10-2729 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 2010-11. (Allen)
c) 10-2730 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 2010-11. (Allen)
d) 10-2731 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 2010-11. (Allen)
Mayor Espitia opened the public hearing.
Assistant City Manager Allen gave the staff report of the annual engineer's report of the continued levy and assessments of maintenance districts.
City Manager Zervis pointed out that there was a previously approved 1.8% increase in all of the districts except NO.1.
Mayor Espitia asked for comments or questions, hearing none, closed the public hearing at 7:07.
Without discussion, Member Wegman made a motion to approve, 2nd by Member Cortez. Motion carried with the following vote:
AYES: Espitia, Cortez, Wegman,
NOES: None
ABSTAIN: None
ABSENT: Hively West
City Clerk Hight read the resolution title.
10) Report and Possible Approval, RE: 10-2732 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A SERVICES AGREEMENT WITH PMC; SUBJECT TO CITY ATTORNEY APPROVAL. (Allinder)
Community Development Director Allinder gave the staff report stating that she recommends approval with the amendment to the contract for PMC to create the EIR for the Wal-Mart project with a "not to exceed amount" of $10,400.00.
Without discussion, Member Cortez made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Cortez, Wegman,
NOES: None
ABSTAIN: None
ABSENT: Hively West
City Clerk Hight read the resolution title.
11) Report and Possible Approval, RE: 10-2733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN CENTRATION, INC. AND THE CITY OF WASCO FOR THE PREPARATION OF SB 90 MANDATED COST CLAIMS. (Zervis)
City Manager Zervis gave the staff report and recommended approval of contract for Centration.
Without discussion, Member Wegman made a motion to approve, 2nd by Member Cortex. Motion carried with the following vote:
AYES: Espitia, Cortez, Wegman,
NOES: None
ABSTAIN: None
ABSENT: Hively West
City Clerk Hight read the resolution title.
12) Report and Possible Approval, RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE SAFE ROUTES TO SCHOOL PROGRAM OF THE STATE DEPARTMENT OF TRANSPORTATION AND THE EXECUTION OF A STANDARD AGREEMENT AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. (Allen)
Assistant City Manager Allen gave the staff report of what would be funded with the grant monies. Told of the 10% match in funding from the city and recommended approval.
City Manager Zervis stated that he has met with both local school districts and will be working with them on the projects.
Without discussion, Member Cortez made a motion to approve, 2nd by Member Wegman. Motion carried with the following vote:
AYES: Espitia, Cortez, Wegman,
NOES: None
ABSTAIN: None
ABSENT: Hively West
City Clerk Hight read the resolution title.
13) Report and Possible Approval, RE: 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, 2010; AND ANY RELATED DOCUMENTS NECESSARY TO COMPLETE THE ENGAGEMENT. (Zervis)
Mayor Espitia asked the City Attorney for clarification of conflict of interest for him to vote on this matter since his employer also has a contract with Albert and Associates for their audit.
After some discussion it was determined better to table the item.
Mayor Espitia tabled the item.
14) Report and Possible Approval, RE: Vehicle and Equipment to be sent to Tri-State Auction to be sold on consignment (Allen)
City Manager Allen gave the staff report, told of the bids that were accepted and recommended signing the consignment agreement and sending the remaining equipment to auction to be sold.
Mayor Espitia asked for comment or questions, hearing none, Member Cortez made a motion to approve, 2nd by Member Wegman. Motion carried with a 3-0-2 vote. Members Hively and West absent.
15) Report and Possible Minute Action, RE: Designation of Representative and an Alternate Representative for Kern Cog. (City Clerk Hight)
City Clerk Hight asked the Mayor for an appointment of the Kern Cog representative and an alternate.
Mayor Espitia appointed Member Wegman as the representative and Member Hively as the alternate.
There were no objections.
16) Report and Possible Minute Action, RE: Designation of a Voting Delegate and Alternates for the League of California Cities Annual Conference - September 15-17, San Diego. (City Clerk Hight)
City Clerk Hight gave the staff report asking for nominations of voting delegates for the League Conference in September.
Member Wegman made a motion to nominate Member West as the delegate and Member Hively as the alternate, 2nd by Member Cortez. Motion carried with a 3-0-2 vote. Members Hively and West absent.
17) REPORTS FROM CITY STAFF
City Clerk Hight told Council of the nomination period and the offices that are open for vote.
Assistant City Manager Allen gave a report on the resurfacing project of various streets in Wasco.
Deputy Cantu gave report of recent activity in the city.
18) REPORTS FROM CITY ATTORNEY none
19) REPORTS FROM CITY MANAGER
Zervis reported on the CalGrip kick off meeting set for July 13th and asked that council listen for information from the league on new Federal Legislation regarding limiting local jurisdictions to level local hotel taxes. He stated this would not be good for small jurisdictions
20) REPORTS FROM CITY COUNCIL
Member Wegman read a report from a Kern Cog study stating that 78% of Kern residents are at lease somewhat satisfied with their life in Kern County. She stated that it was a positive report for the quality of life in Kern County.
There was a brief report of the great Aerial Fireworks show and the donation made by Geokenetics/Vintage Production California to the Chamber of Commerce and the Wasco Recreation and Parks for the Show. Member Cortez asked that there be a commendation from the Council given to Geokenetics/Vintage Production California for their donation.
Member Cortez made a motion to move to the RDA and WPFA agendas at 7:32 p.m.
Mayor Espitia reconvened regular meeting at 7:34 p.m. and recessed into closed session.
Mayor Espitia reconvened regular meeting at 8:42 p.m.
21) CLOSED SESSION:
a) Approval of close session minutes from the June 15, 2010 meeting.
On motion made by Member Cortez, 2nd by Member Wegman, and unanimously approved.
b) Government Code Section 54956.9(a): Pending Litigation.
McIntosh v. City of Wasco
No reportable action taken.
c) Public Employee Performance Evaluation - City Manager per Government Code Section 54957.
Continued item.
d) Conference with Legal Counsel Regarding Potential Litigation Per Government Code Section 54956.9(c).
Attorney Schroeter reported that on motion made by Member Cortez, seconded by Member Wegman, and unanimously adopted without abstention to authorize issuance of building permits to Self-Help Enterprises upon Self-Help Enterprises completing the following conditions: execution by Quad Knopf, Lars Andersen, and Dixon Engineering of licenses approved by the City to allow for City's use of each licensor's copyrighted material in the manner described in the licenses; filing "as-builts" for City review; payment of all permit fees; execution by Self-Help and the property owners of notarized acknowledgments (in English and Spanish) stating that certificates of occupancy will not be issued until completion and acceptance by the City Council of all improvements and all other conditions applicable to the project and
all requirements under the City's Municipal Code have been satisfied, and upon recordation of a notice to the foregoing effect on each parcel purchased by Self-Help Enterprises if authorized by each property owner.
22) ADJOURNMENT Mayor Espitia adjourned regular meeting at 8:43 p.m.
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Vickie Hight, City Clerk Danny Espitia, Mayor
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