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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 12/01/2009
City of Wasco
City Council Minutes
December 1, 2009 - 7:00pm
City Council Chambers
746 8th Street, Wasco, California 93280


1)      CALL TO ORDER Mayor West called the meeting to order at 7:02p.m.
        The Council observed a moment of silence in memory of Darrell Hildebrand.
2)      FLAG SALUTE
3)      INVOCATION:  Bill Lewis of Griffith Ave Baptist Church offered the invocation.
4)      ROLL CALL
        Mayor West, Members; Cortez Espitia, Hively, Wegman
        Attorney  T Schroeter, Assistant City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Allinder, Sgt Craig

5)      PRESENTATIONS AND AWARDS - none

6)      COMMUNICATIONS FROM THE AUDIENCE:
Bob Reeves heard regarding residents and Christmas lawn decorations and acknowledgment from local paper or television.  He also spoke on trash receptacles and what residents should know about their container and what should be placed in them.

Joe Roque Jr heard regarding rain water flooding the alley behind his business and asked if anything could be done to help.

7)      CONSENT CALENDAR:

a)      Approval of Minutes from the following meetings:
- Regular meeting on November 17, 2009.
- Special meeting on November 23, 2009.

b)      Approval of Bill Paying List, total amount of $370,065.73

c)      Second Reading and Possible Adoption of an Ordinance, RE:  09-593  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A BAIL FEE SCHEDULE.

d)      Acknowledge Receipt of Correspondence.

e)      Approve the Reading of All Ordinances and Resolutions by Title Only and  
      Approve Publication of All Ordinances in Summary Form.

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

8)      NOMINATIONS AND APPOINTMENTS OF OFFICERS:
a)      Nomination and Appointment of Mayor
b)      Nomination and Appointment of Mayor Pro-Tempore

Member Wegman made a motion to nominate Mayor Pro Tem Espitia for Mayor, 2nd by  Member Cortez.  All in favor, motion carried.  

Member Wegman made a motion to nominate Member Hively for Mayor Pro Tem, 2nd by Member Cortez.  All in favor motion carried.

Past Mayor West gave the gavel to Mayor Espitia and meeting continued.

9)      Report, Public Hearing and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 09-03 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTERS 17.23 (COMMERCIAL RETAIL ZONES), CHAPTER 17.31 (HEAVY INDUSTRIAL ZONES), CHAPTER 17.54 (PRECISE COMBINING DISTRICT/PERMIT REVIEW GUIDELINES) AND CHAPTER 17.51 (DESIGN DISTRICTS) AS REFLECTED IN EXHIBIT A. (Allinder)

Mayor Espitia opened the public hearing.
PMC Allinder gave report telling of the two tier process and reported that the Planning Commission met and recommended approval.
There was brief discussion from Council regarding affected recent projects, parking and landscaping adjustments.

Mayor Espitia closed the public hearing at 7:23

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

10)     Report, Public Hearing and Possible Introduction of an Ordinance, RE:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 09-05 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTERS 17.54 (PRECISE DEVELOPMENT COMBINING DISTRICT/PERMIT REVIEW GUIDELINES) AND CHAPTER 17.75 (PERMIT PROCEDURES) AS REFLECTED IN EXHIBIT A. (Allinder)
Mayor Espitia opened the public hearing.
PMC Allinder gave report stating the need of this amendment to clarify language regarding the 10 day appeal process and reported that the Planning Commission met and recommended approval.

Mayor Espitia closed the public hearing at 7:24

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

11)     Report, Public Hearing and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING ZONING ORDINANCE TEXT AMENDMENT (ZOTA) 09-06 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTER 17.19 (RESIDENTIAL DISTRICT SPECIFIC STANDARDS), CHAPTER 17.51 (DESIGN DISTRICTS) AND CHAPTER 17.60 (OFF-STREET PARKING STANDARDS) AS REFLECTED IN EXHIBIT A. (Allinder)
Mayor Espitia opened the public hearing.
PMC Allinder gave report stating the amendment clarifies paving standards and paving materials and reported that the Planning Commission met and recommended approval.

There was discussion amongst Council regarding illegal parking, tools for staff to use to clean up the community.
Members West and Cortez had concerns about being business friendly and being an obstacle to small business.
Mayor Espitia closed the public hearing at 7:35

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

12)     Report and Possible Approval, RE: 09-2677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO RESCINDING RESOLUTION NO'S 2008-2509; 2008-2510; 2008-2511; 2008-2512; 2008-2513; AND 2008-2515; THEREBY RESCINDING THE CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) STATE CLEARINGHOUSE NO. 2006061124 FOR THE ROSE CITY INDUSTRIAL PARK PROJECT AND RESCINDING THE APPROVAL OF THE ROSE CITY INDUSTRIAL PARK PROJECT. (Allinder)

Public Hearing, Second Reading and Possible Adoption of an Ordinance, RE: 09-594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO RESCINDING ORDINANCE NO. 2008-563, WHICH AMENDED THE CITY OF WASCO'S OFFICIAL ZONING MAP BY ADDING PLANNED DEVELOPMENT - HEAVY INDUSTRIAL (PD-HI 0802) FOR THE ROSE CITY INDUSTRIAL PARK PROJECT AREA OF APPROXIMATELY 1,640 ACRES AS REFLECTED IN EXHIBIT A TO ORDINANCE NO. 2008-563. (Allinder)


Mayor Espitia opened the public hearing.
PMC Allinder gave report stating the need of this amendment for the steps necessary to resend and reverse or de-certify the Rose City Industrial Park Environmental Impact Report and to reverse the related projects approval and other actions taken by the City Council and reported that the Planning Commission met and recommended approval.

Mayor Espitia closed the public hearing at 7:37

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

13)     Report and Possible Minute Action, RE: An Appeal of City's Determination that the Tenants of the 2005 4th Street were Eligible for Relocation Benefits Pursuant to Article 2.5, Chapter 5, Part 1.5 of Division 13 of the California Health & Safety Code, commencing with Section 17975.  (Allinder)
Member Wegman made a motion to continue this item to the December 15 regular meeting, 2nd by Member Hively.  Motion carried with Member Cortez abstaining.

14)     Report and Possible Introduction of an Ordinance, RE:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE SECTION 13.14.020 TO ADD AN ALTERNATIVE SEWER SERVICE RATE CALCULATION FOR COMMERCIAL CUSTOMERS ELECTING TO UTILIZE SAME. (Allen)
Public Works Director gave report stating the allowance made by this ordinance that commercial sewer fees be based upon volumetric flow though the customer's water meter.  He reported that the engineers report was included in the council's packet for review.
There was discussion and concerns over which method a commercial user may choose once this is passed.
Allen stated that a resolution would establish the rate fees.
Member Cortez made a motion to approve, 2nd by Member Hively.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, Wegman and West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    None
City Clerk Hight read the ordinance title.
15)     Report and Possible Approval, RE: An Agreement for Sales, Use and Transactions Tax Audit and Information Services By and Between the City of Wasco and Hinderliter, De Llamas, and Associates.

City Manager Zervis reported that the agreement would provide two services for the city.
The first being monitoring and analyzing of city sales tax revenues and provide the information to the city.
The second being a sales tax audit of the Board of Equalization and their allocations they provide the city.
Member Cortez asked what procedures we have in place.  Staff answered that there were none.

Member Cortez made a motion to approve, 2nd by Member Hively.  Motion carried with 4-0-1 with Member Wegman voting no.
16)     Report and Possible Approval, RE: 09-2678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS. (Zervis)

City Manager Zervis said that this resolution was required by law to perform the functions of the audit and examination of tax records.
Member Hively made a motion to approve, 2nd by Member West.
Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, Wegman and West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    None
City Clerk Hight read the resolution title.

17)     Report and Possible Approval, RE:  Amendment to Contract, General Conditions, Plans and Specifications for the Wastewater Treatment Plant Centrifuge Project with Spiess Construction and authorize the Mayor to execute the amended construction contract. (Allen)
Public Works Director Allen gave report stating the amendment was needed to clarify wage language in project.
Member West made a motion to approve, 2nd by Member Cortez.  Motion carried 5-0-0

18)     Report and Possible Approval, RE: A License Agreement By and Between the City of Wasco and Daniel Vasquez. (Zervis)
City Manager Zervis reported that the agreement with Voyager Light Productions terminates on November 30, 2009 and Voyager Light Productions has been purchased by Daniel Vasquez.
Approval of the agreement with Daniel Vasquez was recommended.
Member Cortez made a motion to approve, 2nd by Member West.  Motion carried with a 5-0-0 vote.

19)     REPORTS FROM CITY STAFF
Allen: gave a projects report where he mentioned the progress of the soccer park and the seeding of grass, and staff has not ran into any issues with need of repair of water lines for residents
        Sgt Craig: gave a staff report covering H1N1 on the 16th of December and SAL boxing program.

20)     REPORTS FROM CITY ATTORNEY- none

21)     REPORTS FROM CITY MANAGER- reported on recent soccer meeting with local soccer coaches and a recent meeting at Fresno Cog.

22)     REPORTS FROM CITY COUNCIL
Wegman: inquired if "Dumpster Diving" would be heightened with the new recycling program.  She also reported on Judge Ingalls retirement dinner, trip to San Diego for a CAL COG meeting and a need for a proposal for high speed rail.

Cortez: complimented Sgt Craig about seeing their presence in the community more.  The success of the High School Football program and possible future recognition
        
Hively: also complimented Sgt Craig.  He also agreed that the High School football program did well as did the tennis team, track team and golf team.  He also asked staff about research into becoming a Charter City.

        West: thanked Council for the opportunity to serve as Mayor

        Member West made a motion to recess to the RDA agenda at 8:30.  Motion carried.

        Mayor Espitia reconvened regular meeting at 8:45 and recessed to closed session.
        Mayor Espitia reconvened regular meeting at 8:48p.m.

23)     CLOSED SESSION:

a)      Approval of close session minutes from the following meetings:
-  November 17, 2009 regular meeting.
-  November 23, 2009 special meeting.

Attorney Schroeter reported that by motion of Hively/West minutes were approved as presented


24)     ADJOURNMENT: Member Hively made a motion to adjourn at 8:49p.m.  All in favor meeting adjourned.




_________________________________               _________________________________
Vickie Hight, City Clerk                                        Danny Espitia, Mayor