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City of Wasco
746 8th Street,
Wasco, CA 93280
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City Council Minutes 02/16/2010
City of Wasco
City Council Minutes
February 16, 2010
City Council Chambers
746 8th Street, Wasco, California 93280


1)      CALL TO ORDER Mayor Espitia called the meeting to order at 7:03 p.m.
2)      FLAG SALUTE
3)      INVOCATION:  Danny Arellano of Primera Iglesia Bautista offered the invocation.
4)      ROLL CALL
Mayor Espitia, Members; Cortez, Hively, Wegman
Absent: West
City Manager Zervis, City Clerk Hight, Executive Assistant Rodriguez, Public Works Director Allen, PMC Consultant Millar, Sgt Craig, Lt. Corneilison

Attorney T Schroeter arrived late.

5)      PRESENTATIONS AND AWARDS:  Proclamation of the City of Wasco proclaiming National FFA Week February 20-27, 2010.  
Mayor Espitia presented the Proclamation to students who in turn thanked the council and community for their support.

6)      COMMUNICATIONS FROM THE AUDIENCE:
Martin Reyes 1031 Poplar Ave. Wasco spoke of his concern regarding recent car accident involving a drunk driver killed a local mother.  He asked the council to consider an ordinance removing all advertising of alcohol sales on window of storefronts.  

7)      CONSENT CALENDAR:
      
a)      Approval of Minutes from the following meetings:
-       Adjourned Meeting on January 26, 2010
-       Regular Meeting on February 2, 2010

b)      Approval of Bill Paying List, total amount of $1,283,044.75

c)      Acceptance of Sheriff's Activity Report for the Month of January 2010.

d)      Acceptance of Code Enforcement Report for the Month of January 2010.

e)      Acceptance of Animal Control Report for the Month of January 2010.

f)      Acceptance of Monthly Building Permit Report for January 2010.

g)      Acceptance of Investment Policy and Compliance Report for the Month of January 2010.
h)      Community Development Department Project Status Report for the Month of January 2010.

i)      Second Reading and Possible Adoption of an Ordinance, RE:  10-600 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.

j)      Second Reading and Possible Adoption of an Ordinance, RE: 10-601 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.

k)      Second Reading and Possible Adoption of an Ordinance, RE: 10-602 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.

l)      Acknowledge Receipt of Correspondence.

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


Without discussion, Member Cortez made a motion to approve the consent calendar, 2nd by Member Hively.  Motion carried with the following vote:

        AYES:        Espitia, Cortez, Hively, Wegman
        NOES:        None
        ABSTAIN: None
        ABSENT:   West
        City Clerk Hight read the ordinance titles


8)      Acceptance of Monthly Financial Report Related to Status of Quimby Fee Account.

City Manager Zervis gave the account balance of $14,160.02 stating no change from Januarys report.

9)      Report, Public Hearing and Possible Approval, RE:  10-2692 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.
Public Works Director Allen gave staff report stating the requirements of State law to solicit concerns of unmet transit needs with the community.  The public hearing was posted and advertised as required and Mr. Allen stated that there are no unmet transit needs that can be reasonably met.
Mayor Espitia asked for comments or questions from the audience, hearing none, closed the public hearing at 7:14 p.m.
Member Cortez made a motion to approve, 2nd by Member Hively, motion carried with the following vote:
Ayes:          Espitia, Cortez, Hively, Wegman
        NOES:        None
        ABSTAIN: None
        ABSENT:   West
        City Clerk Hight read the resolution title.

10)     Report, Public Hearing and Possible Introduction of an Ordinance, RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING WASCO MUNICIPAL CODE SECTION 15.04.030 TO REFERENCE THE UPDATED 2008 CALIFORNIA ENERGY CODE AS REFLECTED IN EXHIBIT A. (Millar)

Mayor Espitia opened the public hearing.
Community Development Director Millar gave staff report stating that this was an update to bring Wasco's code current with the 2008 California Energy Code.
Mayor Espitia asked for comments or questions from the audience, hearing none, closed the public hearing at 7:15 p.m.
Member Wegman made a motion to approve, 2nd by Member Hively, motion carried with the following vote:
Ayes:          Espitia, Cortez, Hively, Wegman
        NOES:        None
        ABSTAIN: None
        ABSENT:   West
        City Clerk Hight read the ordinance title.

11)     Report and Possible Introduction of an Ordinance, RE:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO REDUCING THE SIZE OF THE WASCO PLANNING COMMISSION AND AMENDING ORDINANCE NOS. 36 AND 139.

City Clerk Hight gave staff report stating that with the recent resignation of two Commissioners from the Planning Commission, the opportunity arises to reduce the commission by two.  City Clerk Hight asked for direction and discussion and to consider the amendment to the ordinance.
Mayor Espitia asked for comments or questions from the audience, hearing none, asked Council for comment.
Members Hively, Wegman and Cortez spoke in favor of the reduction.
Mayor Espitia also agreed that this was the opportunity to reduce the commission.
Member Hively made a motion to approve, 2nd by Member Cortez, motion carried with the following vote:
Ayes:          Espitia, Cortez, Hively, Wegman
        NOES:        None
        ABSTAIN: None
        ABSENT:   West
        City Clerk Hight read the ordinance title.

12)     Report and Possible Approval, RE: A Contract between the City of Wasco and Industrial Automation Group for the design and installation of a Supervisory Control and Data Acquisition System (SCADA). (Allen)

Public Works Director Allen stated and recommended that the City Council approve a contract between the City of Wasco and Industrial Automation Group for the design and installation of a Supervisory Control and Data Acquisition System.  The SCADA system will act as the City's primary detector of plant malfunctions and directly aid in the prevention of Sanitary Sewer overflows as required by the Waste Discharge Requirements (WDR) issued by the State Water Resources Control Board.

Allen went on to say that staff advertised and sent out Request for proposals to firms qualified in the design and installation of SCADA systems. On January 28th staff received five (5) proposals from various firms around the state of California.  On February 1st the committee's individual rating sheets were collected and tabulated, the apparent successful proposal came from Industrial Automation Group from Modesto, CA.

Mayor Espitia asked for comments or questions.

After brief discussion, Member Cortez made a motion to approve contract, 2nd by Member Hively.
Motion carried with a 4-0-1 vote.  Member West absent.

13)     Report and Possible Approval, RE: A Contract between the City of Wasco and Stetson Engineers Inc. for the Design, Plans and Specifications for the Proposed Installation of  Potable Water Storage Tanks, Booster Station, Associated Piping, Appurtenances, and SCADA Integration and a Budget Transfer of $86,900 from the Water Reserve Account to Fund this Project. (Allen)

Public Works Director Allen gave a staff report stating that the city was unsuccessful in receiving grant monies and was therefore recommending that $86,900.00 be transferred from the water reserve account.  The funding would pay for design, plans, and specifications for the proposed installation of potable water, storage tanks, booster station, associated piping, appurtenances, and SCADA integration.

        Staff recommended approval with Stetson Engineers Inc.

There was brief discussion regarding price variances in package and location of tanks.  Staff answered.

After discussion, 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 Approval, RE: 10-2693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR AN AWARD FROM THE STATEWIDE PARK PROGRAM. (Allen)

Mayor Espitia recused himself and left the council chambers stating conflict of interest stating that the Wasco Recreation and Parks (his employer) was applying for the same grant.

Mayor Pro Tem Hively presided and asked Public Works Director Allen for a report.

Public Works Director Allen gave a staff report stating that this grant would not require matching funds, would provide funding for restrooms, concessions, lights, bleachers, and underground water storage for the Annin Soccer Park.

Member Wegman asked why the City would put so much money in a temporary park.  Staff answered.

City Manager Zervis stated that this application was not in competition with the grant application request from the Wasco Recreation and Parks District.

Member Cortez made a motion to approve, 2nd by Member Wegman.  Motion carried with the following vote:

        Ayes:          Hively, Cortez, Wegman
        NOES:        None
        ABSTAIN: None
        ABSENT:   Espitia, West
        City Clerk Hight read the resolution title.


        Mayor Espitia returned to the City Council Chambers.

15)     Report and Possible Approval, RE: The Purchase of a Replacement Computer Backup Tape Drive System and Tape Cartridges. (Zervis)

City Manager Zervis reported the need for this improvement was due to the failure of the old server which cannot interface with the new system.

The estimated cost is $4000 and staff is recommending approval.

There was brief discussion regarding the life of the new system of technology and warrantees.

Member Hively made a motion to approve, 2nd by Member Cortez, motion carried with a 4-0-1 vote.  Member West absent.

16)     Report and Possible Approval RE: 10-2694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING RESOLUTION NO. 09-2665 OF THE CITY OF WASCO WHICH ESTABLISHED A POLICY REGARDING THE APPOINTMENT OF MEMBERS TO LOCAL BOARDS AND COMMISSIONS.

City Clerk Hight gave a brief staff report stating that in review of the Health and Safety Code, Resolution 09-2665 is not found to be in compliance in regards to tenant commissioners of the Wasco Housing Authority and therefore said resolution needs to be amended and is requesting approval of the amendment.

After brief discussion, Member Cortez made a motion to approve, 2nd by Member Hively.  Motion carried with the following vote:

        Ayes:          Espitia, Cortez, Hively, Wegman
        NOES:        None
        ABSTAIN: None
        ABSENT:   West
        City Clerk Hight read the resolution title.

17)     Report and Possible Minute Action, RE: Wasco Housing Authority Commissioner Appointments. (Hight)

City Clerk Hight reported that due to staff continuing to gather pertinent information regarding qualification of the appointees of the Housing Authority staff recommended tabling or taking no action on this item until further information is gathered.

No action taken.

Member Hively made a motion to move to the Redevelopment agenda at 7:43, 2nd by Member Cortez, all in favor, motion carried.

Member Hively made a motion to return to the open session of the regular City Council meeting at 7:46 p.m., 2nd by Member Cortez, all in favor motion carried.

18)     Report and Possible Approval RE: 10-2695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN AMENDMENT TO LEASE AGREEMENT WITH VETERANS OF FOREIGN WARS, POST 6742 FOR PROPERTY LOCATED AT 603 E. STREET, WASCO, CALIFORNIA.

City Manager Zervis reported that the VFW is requesting an extension to their contract and staff is recommending approval.

Attorney Schroeter arrived.

Mayor asked for questions or comments, hearing none, Member Wegman made a motion to approve, 2nd by Member Cortez.  Motion carried with a 4-0-1 vote.  Member West absent.
        
19)     REPORTS FROM CITY STAFF
Sgt Craig gave a report on recent activity in the city.  He also reported on recent SAL activities.

20)     REPORTS FROM CITY ATTORNEY none

21)     REPORTS FROM CITY MANAGER
Fresh and Easy has told staff that they will be opening the second week of April, Denny's
opening on Friday the 26th at noon and the committee had a good meeting with North Kern Tulare
Hospital District.

22)     REPORTS FROM CITY COUNCIL
Wegman had concerns with several properties in town, staff made a list.
Hively mentioned meeting with Congressman Costa @ 10:00a.m.
        Cortez  reported graffiti on Central and 7th and asked staff about completion of same intersection.

Member Cortez made a motion to return to the Redevelopment agenda at 8:04 p.m., 2nd by Member Hively.  All in favor motion carried.
        
        Mayor Espitia reconvened regular meeting at 8:05 p.m. and recessed into closed session at 8:05 p.m.

23)     CLOSED SESSION:

Mayor Espitia reconvened regular meeting at 8:35 p.m.

a)      Approval of close session minutes from the following meeting:
-  February 2, 2010 regular meeting

b)      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

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

Attorney Schroeter reported that on a motion by Member Hively with a 2nd from Member Wegman to approve the minutes, all in favor, motion carried.

Attorney Schroeter also reportable that there was no other reportable action taken in closed session.

24)     ADJOURNMENT Mayor Espitia adjourned regular meeting at 8:35p.m.




____________________________            __________________________
Vickie Hight, City Clerk                                Danny Espitia, Mayor