City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2015 ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record. The following closed session was held at 6:00 PM prior to the Regular City Council Meeting: CLOSED SESSION – CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER CARRIGAN, CITY ATTORNEY VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE, FINANCE DIRECTOR WILLIAMS, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA). No reportable action. CALL TO ORDER: Mayor Villalta called the City Council Meeting to order at the hour of 7:03 PM. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Chief Brizzee. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Tom Faria, Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: None STAFF MEMBERS PRESENT: City Attorney Vaughn, City Manager Carrigan, City Clerk/Human Resources Director Mallonee, City Treasurer/Accountant I Brazil, Police Chief Brizzee, Fire Chief Marrison, Finance Director Williams, Public Works Director/City Engineer Fachin, Information Technology Director Spalding, Assistant Planner II Elms. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Stonegrove, seconded by Faria to approve the agenda as submitted. The motion carried by the affirmative action of all City Council Members present. PUBLIC FORUM. (MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY COUNCIL; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE.) ERNIE ROQUE, spoke regarding the Los Banos Knights of Columbus Free Throw Contest for being held on February 21, 2015 at the Los Banos Community Center Gym; GENE FORTE, lives in Modesto, born and raised in Los Banos, spoke regarding the lawsuit he filed against Tommy Jones for throwing him out of the Los Banos City Council Chambers, Corey Pride, the Los Banos Enterprise, the City’s defense in the Tommy Jones lawsuit, the CSJVRMA and their defense of Tommy and the City, how he has filed another action and lawsuit, the $17,500 judgment that he has not yet received; No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Silviera requested that item 7AD, City Council Resolution No. 5637– Awarding the Bid for the Lease of Three (3) New 2015 Model Light Duty Trucks and One (1) New 2015 Model Light Duty Van and Authorizing the Public Works Director/City Engineer to Enter into the Lease Agreement be removed to be presented separately and voted on separately. Motion by Silveira, seconded by Stonegrove to approve the consent agenda as amended: Check Register for #151363 – #151560 in the Amount of $2,903,562.73; Minutes for the January 7, 2015 City Council Meeting; Minutes for the January 21, 2015 City Council Meeting; City Council Resolution No. 5637– Awarding the Bid for the Lease of Three (3) New 2015 Model Light Duty Trucks and One (1) New 2015 Model Light Duty Van and Authorizing the Public Works Director/City Engineer to Enter into the Lease Agreement. The motion carried by the affirmative action of all City Council Members present. CITY COUNCIL RESOLUTION NO. 5637– AWARDING THE BID FOR THE LEASE OF THREE (3) NEW 2015 MODEL LIGHT DUTY TRUCKS AND ONE (1) NEW 2015 MODEL LIGHT DUTY VAN AND AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ENTER INTO THE LEASE AGREEMENT. Public Works Director/City Engineer presented the staff report. Motion by Silviera, seconded by Stonegrove to approve City Council Resolution No. 5637– Awarding the Bid for the Lease of Three (3) New 2015 Model Light Duty Trucks and One (1) New 2015 Model Light Duty Van and Authorizing the Public Works Director/City Engineer to Enter into the Lease Agreement. The motion carried by the affirmative action of all City Council Members present. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5638 – ACCEPTING THE 2013-2014 FISCAL YEAR AUDIT REPORTS CONSISTING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), THE SINGLE AUDIT REPORT, THE TRANSPORTATION DEVELOPMENT ACT PROGRAM FINANCIAL STATEMENTS, AND THE ABANDONED VEHICLE ABATEMENT PROGRAM FINANCIAL STATEMENTS. Finance Director Williams presented the staff report and introduced Mr. Fausto Hinojosa with Price Page & Company who presented the audit in greater detail, noting key statements, findings and single audit reports. There was Council Member and staff discussion regarding that overall this was a pretty good financial report, outstanding work by the Finance Department, how some of the findings were technically high level GASB issues, the overall liability of the landfill closure account and finding, a schedule issue with the other finding, and congratulated the Finance Department staff on the great work they did with the audit. Motion by Faria, seconded by Silveira to approve City Council Resolution No. 5638 – Accepting the 2013-2014 Fiscal Year Audit Reports Consisting of the Comprehensive Annual Financial Report (CAFR), the Single Audit Report, the Transportation Development Act Program Financial Statements, and the Abandoned Vehicle Abatement Program Financial Statements. The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING – ANNUAL REVIEW OF THE FOLLOWING DEVELOPMENT AGREEMENTS, PURSUANT TO SECTION 65865.1 OF THE CALIFORNIA GOVERNMENT CODE: STONECREEK PRE-ANNEXATION, VILLAGE GREEN, VILLAGES AT STONECREEK IIA & III, NORTHGATE AT REGENCY PARK II, VILLA BURANO PRE-ANNEXATION, AMG PRE-ANNEXATION, ORCHARD TERRACE II, THE PROVINCES, VILLAGES AT STONECREEK IV, MISSION VILLAGE SOUTH, QUAIL MEADOWS AT STONECREEK, AM/PM MCDONALDS PRE-ANNEXATION, EAST MERCEY SPRINGS, SPADAFORE-GINANONNE PRE-ANNEXATION, THE VILLAS, NORTHGATE AT REGENCY PARK, SHAUNESSY VILLAGE, RONNY’S PRE-ANNEXATION. TO BE CONTINUED TO FEBRUARY 18 MARCH 4, 2015) Assistant Planner II Elms presented the staff report. Mayor Villalta opened the public hearing. BOB LASSEY, Los Banos, inquired as to what a pre-annexation agreement is and Assistant Planner Elms explained what it was and City Attorney Vaughn spoke in more detail to what a pre-annexation agreement is. No one else came forward to speak. Motion by Faria, seconded by Silveira to continue the Public Hearing – Annual Review of the Following Development Agreements, Pursuant to Section 65865.1 of the California Government Code: Stonecreek Pre-Annexation, Village Green, Villages at Stonecreek IIA & III, Northgate at Regency Park II, Villa Burano Pre-Annexation, AMG Pre-Annexation, Orchard Terrace II, The Provinces, Villages at Stonecreek IV, Mission Village South, Quail Meadows at Stonecreek, AM/PM McDonalds Pre-Annexation, East Mercey Springs, Spadafore-Ginanonne Pre-Annexation, The Villas, Northgate at Regency Park, Shaunessy Village, Ronny’s Pre-Annexation to March 4, 2015 City Council Meeting. The motion carried by the affirmative action of all City Council Members present. PRESENTATION REGARDING THE NEW WATER REGULATION FOR CHROMIUM 6. Public Works Director/City Engineer Fachin presented the staff report, which included a PowerPoint presentation. Informational item only, no action taken. There was Council Member and staff discussion regarding how the City didn’t cause this problem, enlisting the help of Sacramento, this is a natural occurring problem, the quality of the water hasn’t changed but the standards have, technology has improved so much you can now test at very low levels, what causes Chromium 6, City wells and which ones are in the City limits, how the City’s water is the same as it has always been but State has decided to change the standard, and how this is going to be a long term issue and a top issue in the City. Informational item only, no action taken. ADVISEMENT OF PUBLIC NOTICES. (TWO REPORTS) Assistant Planner II Elms stated that there will be two (2) public hearings at the February 11, 2015 Planning Commission Meeting: Consideration of extending the Development Agreement for the Villages at Stonecreek IIA & III and consideration of a use permit for an increase in maximum display are for one (2) free standing sign for the property located at 1415 Badger Flat Road, APN 430-010-014. CITY MANAGER REPORT. City Manager Carrigan stated that last week he attended the League of California Cities Annual Conference for City Managers where a topic of discussion was a November 2016 ballot measure regarding the legalization of marijuana, how he gave an presentation of the proposed Industrial Park Project to the Merced County Board of Supervisors and got a 5-0 vote to go onto the next process, how the Public Works Department recently installed a banner pole downtown with a banner to be up soon, how he is working on the abandoned shopping carts issue, midyear budget update, and fireworks. CITY COUNCIL MEMBER REPORTS. ELIZABETH STONEGROVE: Nothing to report TOM FARIA: Wished all a Happy Valentine’s Day. DEBORAH LEWIS: Congratulated Finance Director Williams and her staff on a wonderful audit, how it was a daunting task, credit to the staff for a job well done especially with new auditors, spoke regarding how February is Black History Month and encouraged all to go to the internet and look up the history, she is proud to be part of that culture, happy to hear that staff is moving forward with the shopping cart situation and would like to see the ordinance upgraded and modified to the point that the companies are in compliance or fined. SCOTT SILVEIRA: Congratulated Mason Hurley who was recently promoted to Assistant Fire Chief with a Badge Pinning Ceremony held earlier today, thanked the IT Department Staff for the service they provided him recently, spoke regarding how the Industrial Park Project has taken another favorable step, how he feels that we have to find something different to get a different result, and wished all a Happy Valentine’s Day. MAYOR MICHAEL VILLALTA: Spoke regarding how the vote was unanimous with Merced County Board of Supervisors to continue studying with the Industrial Park Project, how it is a win win not just for Los Banos but for Merced County, how we have the perfect spot for development, everything is congested on Highway 99 and Interstate 5 is a much better spot, and to keep moving forward, attended Assistant Fire Chief Mason Hurley’s Badge Pinning Ceremony, how the audit is light years away from where we were just a few years ago, very pleased with the transition in software and how the money is being handled, how he is tired of the shopping carts and the City is going to do something about it, happy to see the panhandling ordinance moving forward, how he recently attend Mr. Soares’ 90th Birthday Party. ADJOURNMENT. The meeting was adjourned at the hour of 8:37 PM. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk