City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES MAY 6, 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. CALL TO ORDER: Mayor Villalta called the City Council Meeting to order at the hour of 7:01 PM. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Chief Brizzee. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: Tom Faria. 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 Silveira to approve the agenda as submitted. The motion carried by the affirmative action of all City Council Members present, Faria absent. 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.) DANA HAUMEA, Los Banos, spoke regarding how 20 months ago she became an Animal Shelter volunteer and what it takes to get one healthy animal out of the animal shelter, how there are 200 intakes a year at the Los Banos Animal Shelter and they are struggling on a daily basis to maintain the shelter, it’s difficult to get new volunteers, how awesome Code Enforcement Officer Jason Martin is, compassion fatigue and how she now has it; PEGGY LONIN, spoke regarding a proposal to spay and neuter animals in Los Banos that includes a breeders license, spay/neuter reclaimed dogs, surrender fees, shelter personnel increase, regular shelter hours and requested that the City Council incorporate these proposals into the City services; CHRIS WAGNER, Los Banos, spoke regarding how she has neighbor who has a litter of Chihuahuas every year and worries what happens to them, how we need to do more for animal control services provided in Los Banos, how the Municipal Code needs to be updated to address the concerns, how the animal shelter needs regular hours and employees that get paid, she supports the procedures that the City of Turlock uses, no reason why a shelter cannot be self supported; JOANNA CHABRONET believes in all the things said by the women before her stated regarding animal control services, she works for a veterinary and spoke regarding statistics, believes in spay and neutering and how breeders should be held accountable; JOLENE SUTTERS, spoke to how busy she is and how really really important this idea regarding animal control is. No one else came forward to speak and the public forum was closed. PRESENTATIONS PROCLAMATION RECOGNIZING NATIONAL DAY OF PRAYER. Mayor Villalta presented the proclamation to Pastors Steve Hammond and Dean Nelson. Mr. Hammond spoke regarding the National Day of Prayer on May 7, 2015 being held at City Hall and encouraged all to attend. COMMUNITY GUIDE PRESENTATION BY THE LOS BANOS JUNIOR HIGH SCHOOL. Mohani Thiara, teacher at Los Banos Junior High School, thanked Mayor Villalta for giving her the opportunity to teach and Principal Brasil for allowing her to teach; she introduced the following students: Alexis Gonzales, Carson Brizzee, Luis Castellanos and Sabrina Gil who spoke regarding the Los Banos Community Guide project. Mayor Villalta thanked the students for coming and presenting their project. MERCED COUNTY REGIONAL WASTE AUTHORITY (MCRWA) RESENTATION. Brooks Stayer, Director of MCRWA, spoke regarding local landfills and cost-saving measures recently implements, which included a powerpoint presentation. There was Council Member and staff discussion regarding the cell replacement, diversion of green waste and the credit, how we have to have a landfill on the Westside and trucking it over the Eastside is not an option, and how ten years ago we were worried about the Billy Wright Landfill filling up and now that is not a concern. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis, seconded by Stonegrove to approve the consent agenda as submitted: Check Register for #152827 – #153082 in the Amount of $1,192,247.37; Minutes for the March 4, 2015 City Council Meeting; Minutes for the March 18, 2015 City Council Meeting; Minutes for the April 1, 2015 City Council Meeting; City Council Resolution No. 5653 – Identifying the Terms and Conditions for Fire Department Response Away from Their Official Duty Station and Assigned to an Emergency Incident; City Council Resolution No. 5654 – Adopting a Revised Budget for the 2014/2015 Fiscal Year as it Pertains to Expenditures and Revenues in the Building, Community & Economic Development, and Police Departments. The motion carried by the affirmative action of all City Council Members present, Faria absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDER EXTENDING THE DEVELOPMENT AGREEMENT FOR THE VILLAGES AT STONECREEK IV SUBDIVISION; ORDINANCE NO. 1129 – APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATIVE TO THE DEVELOPMENT KNOWN AS “VILLAGES AT STONECREEK IV”, MAKING CERTAIN FINDINGS RELATED THERETO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY (SECOND READING & ADOPTION). Assistant Planner II Elms presented the staff report. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed Motion by Lewis, seconded by Silveira to waive the second reading of Ordinance No. 1129 – Approving First Amendment to Development Agreement Relative to the Development Known as “Villages at Stonecreek IV”, Making Certain Findings Related Thereto, and Authorizing the Mayor to Execute Said Amendment on Behalf of the City. The motion carried by the affirmative action of all City Council Members present, Faria absent. Motion by Lewis, seconded by Silveira to waive Ordinance No. 1129 – Approving First Amendment to Development Agreement Relative to the Development Known as “Villages at Stonecreek IV”, Making Certain Findings Related Thereto, and Authorizing the Mayor to Execute Said Amendment on Behalf of the City. The motion carried by the following roll call vote: AYES: Lewis, Silveira, Stonegrove, Mayor Villalta; NOES: None; ABSENT: Faria. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5656 – AWARDING CONTRACT FOR LEGAL ADVERTISING TO THE LOS BANOS ENTERPRISE FOR FISCAL YEAR ENDING JUNE 30, 2016 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT. City Manager Carrigan presented the staff report. Motion by Silveira, seconded by Stonegrove to adopt City Council Resolution No. 5656 – Awarding Contract for Legal Advertising to the Los Banos Enterprise for Fiscal Year Ending June 30, 2016 and Authorizing and Director the city Manager to Execute the Agreement. The motion carried by the affirmative action of all City Council Members present, Faria absent. I STREET PRESENTATION. City Manager Carrigan, which included a PowerPoint presentation. Mayor Villalta asked that the Los Banos Enterprise do an article on shopping carts and how to report them so that they can be picked up and get the businesses to get in compliance. No action taken, informational item only. ADVISEMENT OF PUBLIC NOTICES. (ONE REPORT) Assistant Planner II Elms stated that there will be a public hearing at the May 13, 2015 Planning Commission Meeting to consider Vesting Tentative Parcel Map No. 2015-02 to subdivide approximately .38 acres into 2 parcels in the Low Density Residential zoning district located at 160 W. Santa Barbara Street, APN 081-180-004. COUNCIL MEMBER AGENDA REQUESTS. (TO SEE IF THERE IS A MAJORITY CONSENSUS TO HAVE STAFF EXPEND TIME ON THE ISSUE AND TO HEAR IT AT A FUTURE MEETING.) REQUEST FROM COUNCIL MEMBER SILVEIRA FOR DISCUSSION AND CONSIDERATION AS TO IF THE CITY SHOULD PURSUE CREATING DROUGHT TOLERANCE LANDSCAPING STANDARDS/POLICIES. Council Member Silveira stated that in light of that we are in the 4th year of a drought, to have a certificate of occupancy of a home the front yard has to be landscaped, he was thinking if the City Council would want to have a discussion to making that an option for the builders to allow for drought tolerant landscaping and would like to have staff look into adopting such standards/policies. Assistant Planner II Elms stated that City Attorney Vaughn is working on a water efficiency ordinance, this will be part of that ordinance, and we can incorporate your suggestion into the discussion. Public Works Director/City Engineer Fachin support this, noting that it is the Governors mandate to make green space smaller. Mayor Villalta thinks it is a great idea, but would like to see some landscaping though. Council Member Lewis spoke regarding the State mandate and irrigation services, she feels that putting out a lot of rocks dries the environment even more, what we need to do is try to enhance irrigation systems, trees bushes and grass helps keep the environment cool, doesn’t want to do away with landscaping all together, she would be more in favor of the enhanced irrigation than the drought tolerance landscaping, supports cutting back on green space but still maintain some type of front yard. Council Member Stonegrove thinks it is a good idea to see what staff comes up with. Motion by Silveira, seconded by Stonegrove to give staff direction to bring back information and options for creating drought tolerance landscaping standards/policies. The motion carried by the affirmative action of all City Council Members present, Faria absent. CITY MANAGER REPORT. Thanked City Attorney Vaughn for coming back for tonight’s meeting as he was at a City Attorney’s conference out of town, thanked Public Works Director/City Engineer Fachin and Street Sweeper Brian Elms as he was a superstar this month for something that he did extra special during his route, spoke regarding the May Day Fair and how he had jury duty and was able to attend during the week but finally got to go on Saturday and had a bacon cheeseburger stuffed with mac n cheese, had an absolutely fantastic time at the fair. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Reminded all about National Day of Prayer being held on May 7, 2015 in the Council Chambers, sending out her condolences on the passing of Dean Young, spoke regarding shopping carts and how she has seen a large improvement and if you see shopping carts to call the Public Works Department and they will take care of it, how Habitat for Humanity is going to start work on a new project for women located at 535 M Street so that they can use all the help anyone is willing to provide, she would like to make comments regarding animal control and how it is a real passion that she has for the Los Banos community even before she became a Council Member and spoke regarding her concerns and solutions for addressing the problems that she sees out at the animal shelter, she feels that public education in the school system to help educate the children about spay and neutering animals, we do need regular animal shelter hours and need another animal control officer and a staff person to do the paper work, how our animal control codes need to be updated so that there are laws on the books for state and local requirements, would recommend that the Los Banos Enterprise be a partner with the City of los Banos and remind animal owners to spay and neuter and to chip them so that they can be located if lost, and would like a Council Member Request to on the next agenda to ask that staff look into this. SCOTT SILVEIRA: Welcomed Ms. Stonegrove back and congratulated her on her new baby, spoke regarding how May 8, 2017 is the City’s birthday, May Day Fair was last week and stated that the fair is the safest place to be last week, attendance was fantastic, weather was great, most proud of the auctioneering and sales that go on at the fair and the support of the community in over $1 million in sales, he is blessed and fortunate to be a part of it all not to mention another phenomenal year; reminded all about the upcoming June 8, 2015 blood drive, Donate for Debbie, being held at the O’Banion building; quick think that happened at the fair in regards to the Bartlett family, a young man named Alec Barcellos raised his market pig and he wanted to donate all his pig sales to the Bartlett family; how the City is asking for water reduction and will be issuing watering citations with fines, the warning period is over. ELIZABETH STONEGROVE: Addressed the speakers who came to the podium to speak about Animal Control Services and thanked them for what you are doing in our community, need to take a look at the solutions they are providing, holding breeders accountable is crucial and feels that they don’t realize the negative impact they are making, she supports any measures in this area. TOM FARIA: Absent MAYOR MICHAEL VILLALTA: Stated that we should really compliment the volunteers at the Animal Shelter, it is time we have new volunteers to help out, spoke regarding the May 9, 2015 Second Annual 5k Color Run at Persimmon Way park in Los Banos and encouraged all to participate, the following week is the Relay for Life event, complimented the Los Banos Junior High students who spoke tonight and also their teachers and principal, how the Mayor from Dos Palos, Jerry Antonetti is here for the presentation on the landfill, told the public that if you have a problem or an important issue bring it to our attention and we’ll see what we can do to help out and solve the problem, noting the shopping cart issue which has gotten better, the crows issue downtown which has been improved, 6th Street improvements and now we are moving to I Street. 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), AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. No reportable action. CLOSED SESSION – PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, TITLE: CITY MANAGER. No reportable action. CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: CITY ATTORNEY VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE; UNREPRESENTED EMPLOYEE: CITY MANAGER. No reportable action. ADJOURNMENT. The meeting was adjourned at the hour of 10:10 PM. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk