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City of Wasco
746 8th Street,
Wasco, CA 93280
PH:(661) 758-7214
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City Council Minutes 02/02/2010
City of Wasco
City Council Minutes
February 2, 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.
2)      FLAG SALUTE
3)      INVOCATION:  Danny Arellano of Primera Iglesia Bautista offered the invocation.
4)      ROLL CALL
Mayor Espitia, Members; Cortez, Espitia, Hively, West
Absent: 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:
Charles Wegman: inquired of staff regarding a recent ticket he received from code enforcement.  Staff will follow up with Mr. Wegman.

7)      CONSENT CALENDAR:
       
a)      Approval of Bill Paying List, total amount of $533,782.41

b)      Report and Possible Approval RE: Approval for the City Manager to Attend the 2010 Annual League of California Cities - City Managers Department Meeting.

c)      Request and Possible Approval, RE: Payment of one-third of City Attorney's expenses for registration fee and hotel room at League of California Cities Annual Attorney's Spring Conference.

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 West made a motion to approve, 2nd by Member Hively.  Motion carried 4-0-1  Wegman absent.

8)      Public Hearing, Second Reading and Possible Adoption of an Ordinance, RE: 10-599 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, TABLE 17-1 PERMITTED AND CONDITIONAL USES IN NONRESIDENTIAL ZONES AS REFLECTED IN EXHIBIT A. (Allinder)

Mayor Espitia opened the public hearing.
Interim Community Development Director Allinder gave report stating the amendment adds stone processing in a Service Commercial Zone to allow for stone processing with a conditional use permit.  The first reading was held at previous meeting and planning commission has recommended approval.
Mayor Espitia closed the public hearing at 7:07.
Member Cortez made a motion to approve, 2nd by Member Hively.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
City Clerk Hight read the ordinance title.

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) 09-07, AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE CHAPTER 17.03 DEFINITIONS, CHAPTER 17.15 MEDIUM DENSITY RESIDENTIAL, CHAPTER 17.16 HIGH DENSITY RESIDENTIAL, TABLE 17-1 PERMITTED AND CONDITIONAL USES IN NONRESIDENTIAL ZONES AND TABLE 17-3 PERMITTED AND CONDITIONAL USES IN RESIDENTIAL ZONES AS REFLECTED IN EXHIBIT A. (Allinder)

Mayor Espitia opened the public hearing.
Interim Community Development Director Allinder gave report stating the text amendment is a combination of twelve zoning ordinance text amendment necessary to bring the City into compliance with the City's housing element and state law.  
Mayor Espitia closed the public hearing at 7:09
Member Hively made a motion to approve, 2nd by Member West.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
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) 09-08, AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE TABLE 17-1 PERMITTED AND CONDITIONAL USES IN NONRESIDENTIAL ZONES AS REFLECTED IN EXHIBIT A. (Allinder)

Mayor Espitia opened the public hearing.
Interim Community Development Director Allinder gave report stating the purpose of this amendment is to allow for appropriate institutional uses, including hospitals.
There were no questions.
Mayor Espitia closed the public hearing at 7:11
Member Hively made a motion to approve, 2nd by Member Cortez.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
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) 09-09 AMENDING TITLE 17 OF THE CITY OF WASCO MUNICIPAL CODE, CHAPTER 17.03 (DEFINITIONS), CHAPTER 17.19 (RESIDENTIAL DISTRICT SPECIFIC STANDARDS), TABLE 17-1 (PERMITTED AND CONDITIONAL USES IN NONRESIDENTIAL ZONES) AND TABLE 17-2 (NONRESIDENTIAL ZONE DEVELOPMENT STANDARDS) AS REFLECTED IN EXHIBIT A. (Allinder)

Mayor Espitia opened the public hearing.
Interim Community Development Director Allinder gave report stating the purpose of this amendment is to clarify inconsistencies within the zoning ordinance related to multifamily and residential developments.
There was brief discussion regarding current projects that may be affected by this change.
Mayor Espitia closed the public hearing at 7:15
Member Hively made a motion to approve, 2nd by Member Cortez.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
City Clerk Hight read the ordinance title.

12)     Report and Possible Approval RE: 10-2688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ADOPTING THE PROPOSED MID YEAR BUDGET AMENDMENTS FOR FISCAL YEAR 2009-2010. (Zervis)

City Manager Zervis presented the mid-year budget review and recommended approval stating that overall the city's revenues are holding firm.
Zervis presented the six budget appropriations requested.  He also presented the review in a new format stating that it was less paper and easier to understand.
Member West stated that he appreciated the new format.
Mayor Espitia asked for comment or questions, hearing none, Member West made a motion to approve, 2nd by Member Cortez.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
City Clerk Hight read the resolution title.

13)     Report and Possible Approval, RE:  10-2689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO DECLARING AN EMERGENCY AND AUTHORIZING IMMEDIATE EXPENDITURE OF FUNDS TO SAFEGUARD LIFE, HEALTH, OR PROPERTY, WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE REPAIRS TO THE WASTEWATER TREATMENT PLANT DIGESTER NO.1 LID, APPROVING CONTRACT WITH SPIESS CONSTRUCTION, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAME. (Allen)

Public Works Director Allen gave the timeline of the severe malfunction of Digester #1 at the wastewater treatment facility.  Allen gave a clear explanation as to why the effluent backed up and broke the lid to the digester.  He stated that with the SCADA system there would be an alarm if this were to ever happen again, but as of now, the safety shutoff did not work as designed.
There was discussion regarding the emergency/urgency stipulations of the resolution and Attorney Schroeter stated that is the reason for this resolution siting emergency and the process for staff.
Member Cortez made a motion to approve, 2nd by Member West.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
City Clerk Hight read the resolution title.

14)     Report and Possible Approval, RE: 10-2690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ACCEPTING THE 2010 CAPITAL IMPROVEMENT PLAN. (Allen)

Public Works Director Allen presented the long-term planning for capitol improvements stating that staff has expanded to all departments for better a better guide for all future City projects which will assist in securing funding and planning the city budget.
Member Hively made a motion to approve, 2nd by Member Cortez.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
City Clerk Hight read the resolution title.

15)     Report and Possible Approval, RE: 10-2691 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A PLANNING SERVICES AGREEMENT BETWEEN THE CITY OF WASCO AND PMC. (Zervis)

City Manager Zervis stated that he has been pleased with the relationship with PMC  and is recommending approval to continue the relationship with specifically Sara Allinder and Brian Millar to fill the role as Community Development Director.
Mayor Espitia thanked Sara for the diligent work they have provided the city.
Member Hively made a motion to approve, 2nd by Member West.  Motion carried with the following vote:
AYES:        Espitia, Cortez, Hively, West
        NOES:        None
        ABSTAIN:  None
        ABSENT:    Wegman
City Clerk Hight read the resolution title.

16)     Report and Possible Approval, RE: Approval of the 2010/11 Budget Process with either;
(a)     the establishment of a 2010/11 Budget Committee, or
(b)     direction to hold 2010/11 Budget Workshops

City Manager Zervis asked for Council direction regarding their preference for a budget review committee or budget workshops.  He stated that he preferred the workshops as have been held the past two years.
Member Hively made a motion to approve the budget workshop format, 2nd by Member Cortez.  All in favor motion carried.

17)     Report and Possible Minute Action, RE: Establishment of a Sign Advisory Committee. (Allinder)

Interim Community Development Director Allinder gave report stating the need for an advisory committee made up of two Council Members, two Planning Commissioners and one representative from the Chamber of Commerce.
Allinder stated that there would be approximately four meetings over the period of eight months.
Mayor Espitia made a motion to set Members Wegman and Cortez from the council on the committee, 2nd by Member Cortez.  All in favor, motion carried.

18)     Report and Possible Minute Action, RE: Wasco Housing Authority Commissioner Appointments. (Council Member Wegman and Council Member West)

Member West recommended approval of reappointment of sitting tenant commissioners.
City Manager Zervis stated that there is an issue with our current resolution defining qualifications for commissions and boards to make this appointment.  
Member West suggested tabling this until next meeting so that staff can bring back a recommendation.
No action taken.

19)     REPORTS FROM CITY STAFF
City Clerk reported of letter of resignation of Planning Commissioner David German due to employment schedule which makes it difficult to attend meetings.  The clerk's office is also expecting a letter from Commissioner Mike Lawerence who has the same constraints on his schedule.

Allen: reported on the new bike lanes on Poso Ave from Griffith to Hwy 46.  He also gave a progress report of the wastewater treatment plant and that approximately 14 water meters are being installed each day.  

Allinder thanked the Council for the contract approval.

Sgt Craig gave a recent activity report.

Undersheriff Marty Williamson introduced Chief Deputy Rosemary Wahl to the Council, she in turn greeted Council.
        
20)     REPORTS FROM CITY ATTORNEY none

21)     REPORTS FROM CITY MANAGER
Reported he would be out of town the remainder of the week.

22)     REPORTS FROM CITY COUNCIL
Hively commended Public Works and staff for the creation of bike lanes, and welcomed
Sara Allinder, PMC.

        West reported of the packet he picked up needing 100 signatures in efforts to save local
funding from the State.

Member Cortez made a motion to recess to the RDA agenda at 8:10p.m., 2nd by Member Hively.  Motion carried.  

Member Hively made a motion to move into closed session at 8:20 p.m., 2nd by Member Cortez.  Motion carried.

23)     CLOSED SESSION:
a)      Conference with Real Property Negotiator (City Manager) Regarding Price and Terms of Payment of Lease of the Property Located at 603 E. Street, Wasco California, Per Government Code Section 54956.8

b)      Government Code Section 54956.9(a): Pending Litigation.
McIntosh v. City of Wasco

Member West left closed session after Council closed session items stating that he has a conflict for the RDA closed session item, he has a client who owns property being discussed.
                
Mayor Espitia reconvened at 9:45.

Attorney Schroeter reported that no reportable action was taken.


24)     ADJOURNMENT  Mayor Espitia adjourned regular meeting at 9:45 p.m.



_________________________________               _______________________________
Vickie Hight, City Clerk                                        Danny Espitia, Mayor