City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JULY 1, 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 items were held prior to the City Council Meeting beginning at 6:00 PM: 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 – CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED NEAR 1111 G STREET, LOS BANOS, CALIFORNIA, (APN 026-161-003 & A PORTION OF 026-161-008), APPROXIMATELY 6.04 ACRES; CITY NEGOTIATORS: CITY MANAGER CARRIGAN, CITY ATTORNEY VAUGHN, FINANCE DIRECTOR WILLIAMS; NEGOTIATING PARTIES: JOSE AND ANNA MONTES & LOS BANOS GATEWAY CENTER, LLC; UNDER NEGOTIATION: PRICE AND TERMS. No reportable action. CALL TO ORDER: Mayor Villalta called the City Council Meeting to order at the hour of 7:02 p.m. PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Tom Faria, Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Chief Brizzee, City Manager Rath, Finance Director Williams, City Treasurer/Accountant I Brazil, Fire Chief Marrison, Assistant Planner II Elms, Public Works Director/City Engineer Fachin and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Mayor Villalta noted that agenda item 14 – Advisement of Public Notices states “No Report” but there are actually three (3) reports and request a motion to approve the agenda with the addition of three (3) reports to Advisement of Public Notices. Motion by Lewis, seconded by Stonegrove to approve the City Council Meeting agenda to include the addition of three (3) reports to item 14 – Advisement of Public Notices. 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; 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. DONNA MENDES, President of Los Banos Downtown Association, and spoke regarding the upcoming Wine & Beer Hop on August 8, 2015. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by , seconded by to approve the consent agenda as follows: Check Register for #153822 – #154076 in the Amount of $1,115,873.86; Street Closure Request/Block Party for Saturday, July 4, 2015 from 12:00 p.m. to 11:00 p.m., on the 200 Block of North Santa Clara Street; Street Closure Request/Block Party for Saturday, July 4, 2015 from 3:00 p.m. to 9:00 p.m., on the 500 Block of Sixth Street; City Council Resolution No. 5668 – Approving Agreement to Convey by Quitclaim Deed Real Property Acquired for Development of the Village Greens Neighborhood Park located at 160 W. Santa Barbara Street (Trevino Pioneer, LLC); City Council Resolution No. 5669 – Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form for Fiscal Year 2014-2015 in the Amount of $385,190; City Council Resolution No. 5670 – Authorizing the City Manager to Enter into a Contract with the City of Foster City/Estero Municipal Improvement District, A Municipal Corporation, for a Job Applicant Tracking System (CALOPPS) and Service in the Initial Amount of $5,000 Annually and $2,000 Thereafter; City Council Resolution No. 5671 – Amending the Employer Vantagecare Retirement Health Savings (RHS) Plan as it Pertains to Re-defining “Spouse”; City Council Resolution No. 5672 – Amending Division 4, Salary Schedule – Employee Classifications Relating to Changes to Section E - Public Works; City Council Resolution No. 5673 – Authorizing the City Manger to Sign a Memorandum of Understanding with the Merced County Office of Education (MCOE) for School Resource Services for the 2015-16 School Year; City Council Resolution No. 5674 – Approving a Tentative Agreement/Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Sergeants Association in Effect from July 1, 2015 to June 30, 2018; City Council Resolution No. 5675 – Approving a Tentative Agreement/Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Officers Association in Effect from July 1, 2015 to June 30, 2018; City Council Resolution No. 5676 – Amending Division 4, Salary Schedule – Employee Classifications Relating to Changes to Section G – Police. The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDER ADOPTION OF A NEW UPDATE TO THE MOBILE VENDOR ORDINANCE LOCATED IN TITLE 9, CHAPTER 3, ARTICLE 26 OF THE LOS BANOS MUNICIPAL CODE; ORDINANCE NO. 1130 – AMENDING ARTICLE 36 CHAPTER 3 TO TITLE 9 OF THE LOS BANOS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING. (FIRST READING & INTRODUCTION) (CONTINUED FROM THE JUNE 17, 2015 MEETING) Assistant Planner II Elms presented the staff report noting, which included a PowerPoint presentation. City Manager Carrigan thanked the Planning Commission for their work on this Mobile Food Vending Ordnance and feels that they did a great job and to remember to think about the legal aspect of this and how popular mobile food vending is becoming. Mayor Villalta opened the public hearing. No one came forward to speak. Council Member Lewis inquired as to the last section under Parks, the word temporary and what that means, for which Assistant Planner II elms explained that it is a limited duration, mobile pop up cover, one day per week six times per year Administrative Permit. Council Member Faria stated that it is a good idea to get rid of the half a year and go a full year, he certain foot rule, concern with Pacheco Park on Highway 152 and Highway 165 the safety areas there, pleased to hear that we can collect sales tax, with a one-day permit how soon would that happen, for which Assistant Planner II Elms stated that it would be a real quick over the counter process if they provided all the needed documentation. Mayor Villalta inquired as to the private catering, not charging or skirting the law, concerns with 365 days and safety concerns with the vehicles driving in the fog. Council Member Silveira pointed out that the 180 day permit now does not state which 180 days for which Assistant Planner II Elms stated that they do it all year long in staggered stages and let others use the mobile vending vehicles. Council Member Silveira stated that he would like to see an opportunity for special vendors in a park, special one-time deals and does not think that Pacheco Park is a good location to mobile vend at. Mayor Villalta inquired as to if when we register, are we registering the truck or the individual for which Assistant Planner II Elms stated that it is by the business, we could tighten up the language to have it more stricter, they would have to get a new business license and new seller permit. Mayor Villalta stated that we need to have a good balance. Council Member Stonegrove stated that she understands the Pacheco Park concerns but would like to give them the opportunity to go to private property and she doesn’t see a problem with Pacheco Park; how it has taken us a while to get through the changes in this ordinance and is worried with those vendors who have permits expiring after 180 days and if we could do something for those vendors. City Manager Carrigan noted that all mobile vending vehicles are subject to rules of the road, there is no special treatment. Council Member Lewis inquired as to the requirement for lights for fog, for which Police Chief Brizzee state yes. Council Member Lewis inquired as to how many vehicles are we allowing to park at Pacheco Park at one time, for which Assistant Planner II Elms stated that mobile vending would not be allowed during the special events at the park but if a limit wants to be placed that could be done. Mayor Villalta stated that he feels we are creating a traffic hazard on Pacheco by allowing vending at Pacheco Park. City Attorney Vaughn pointed out that they could not be there before during or after an event in the park. Mayor Villalta made note that the special event could include mobile vendors for which City Attorney Vaughn stated yes but not in addition too. Council Member Faria inquired as to what the liability issue on public property for which City Attorney Vaughn stated that there is a waiver and release with insurance, very limited regulations with public streets, and there is some liability on parks. Council Member Silveira inquired as to if we could make a few changes and state how many now, but doesn’t want to prolong the process, for which City Attorney Vaughn stated that minor changes are okay, but significant changes can affect other parts of the ordinance and once it is introduced it cannot be changed without it being introduced again. A short recess was taken at 7:57 PM to have legal counsel look at suggested modifications. The City Council reconvened at 8:11 PM. City Attorney Vaughn directed attention to LBMC Section 9-3.3605 Application for permit to operate and suggested adding language to state “and shall be specific to an identified vending unit”. Motion by Silveira, seconded by Faria to waive the first reading of Ordinance No. 1130 – Amending Article 36 Chapter 3 to Title 9 of the Los Banos Municipal Code Relating to Mobile Food Vending, as amended to add “and shall be specific to an identified vending unit” to Section 9-3.3605. The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to introduce Ordinance No. 1130 – Amending Article 36 Chapter 3 to Title 9 of the Los Banos Municipal Code Relating to Mobile Food Vending, as amended “and shall be specific to an identified vending unit” to Section 9- 3.3605. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None. Council Member Stonegrove urged if possible if there is anything the City can do to make exceptions to those whose licenses are expiring because it took us so long to get through the process. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE USE OF TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH AN EATING ESTABLISHMENT (PIZZA FACTORY) LOCATED AT 2160 E. PACHECO BOULEVARD, SUITE K, APN 428-160-032; CITY COUNCIL RESOLUTION NO. 5677 – APPROVING CONDITIONAL USE PERMIT #2015-05 FOR THE ON-SALE OF BEER AND WINE FOR THE PIZZA FACTORY LOCATED AT 2160 E. PACHECO BOULEVARD, SUITE K. Assistant Planner II Elms presented the staff report, which included a Powerpoint presentation. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed. There was Council Member and staff discussion regarding there being churches in there at one time. Motion by Faria, seconded by Stonegrove to adopt City Council Resolution No. 5677 – Approving Conditional Use Permit #2015-05 for the On-sale of Beer and Wine for the Pizza Factory Located at 2160 E. Pacheco Boulevard, Suite K. The motion carried by the affirmative action of all City Council Members present. CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 1131 – REORGANIZING TITLE 2 CHAPTER 1 OF THE LOS BANOS MUNICIPAL CODE AND RENUMBERING THE ARTICLE AND SECTION NUMBERS FOR ORDINANCE NO. 1123 FOR CODIFICATION PURPOSES. (FIRST READING & INTRODUCTION) City Attorney Vaughn presented the staff report. Motion by Silveira, seconded by Faria to waive the second reading of Ordinance No. 1131 – Reorganizing Title 2 Chapter 1 of the Los Banos Municipal Code and Renumbering the Article and Section Numbers for Ordinance No. 1123 for Codification Purposes. The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to adopt Ordinance No. 1131 – Reorganizing Title 2 Chapter 1 of the Los Banos Municipal Code and Renumbering the Article and Section Numbers for Ordinance No. 1123 for Codification Purposes. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None. DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR THE 2015 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE BEING HELD SEPTEMBER 30-OCTOBER 2, 2015 IN SAN JOSE. Motion by Stonegrove, seconded by Faria to designate the Mayor as the voting delegate and Council Members Lewis and Silveira as alternate voting delegates. The motion carried by the affirmative action of all City Council Members present. UPDATE ON CITY PROJECTS BY CITY MANAGER CARRIGAN. Spoke regarding the four main projects the City is working on: Industrial Park, Airport Relocation, Police Station, and Medical Complex/Hospital which included a Powerpoint presentation. No action taken, informational item only. UPDATE OF FIREWORKS BY FIRE CHIEF MARRISON. Fire Chief Marrison spoke regarding fireworks which included Powerpoint presentation. Mayor Villalta encouraged all to have a water hose ready on the 4th of July to make sure that we are not going to have a spread of a fire, to please be cautious and use a little water to douse the area where the fireworks are going to be set off, have a bucket ready and be careful. Council Member Silveira inquired as to if we are planning on maximum enforcement on duty, for which Fire Chief Marrison stated that we will have both fire engines out that night and any other Fire Department employees that would like to work that night may work to prevent dangerous situations. City Manager Carrigan stated that the Los Banos Police Department will be out looking for illegal fireworks and writing fines if applicable and reminded all to be smart and be safe with fireworks. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, JULY 15, 2015 DUE TO THE SUMMER BREAK. (Please note the next regularly scheduled City Council Meeting is August 5, 2015) Motion by Lewis, seconded by Stonegrove to cancel the Regular Council Meeting scheduled for Wednesday, July 15, 2015 due to the summer break. The motion carried by the affirmative action of all City Council Members present. ADVISEMENT OF PUBLIC NOTICES (Three Reports). Assistant Planner II Elms reported that there will be three public hearing at the July 8, 2015 Planning Commission Meeting: Consideration of Certifying Negative Declaration (SCH# 2015061018) and Site Plan Review #2015-01 for Prime Shine Car Wash located 200 feet east of H Street on Pacheco Boulevard; Mobile Vendor Permit #2015-02 to allow the operation of a mobile trailer to vend on private property located at 250 W. Pacheco Boulevard for El Tiki Tacos; and General Plan Amendment #21015-02 and Zone Change #2015-02 for CAMNIC LLC to change the designation from Medium Density Residential to Neighborhood Commercial and re-zone from Low Density Residential (R-1) to Neighborhood Commercial (C-N) for property located at 745 W. J Street. CITY MANAGER REPORT. City Manager Carrigan asked for an annual update on the mobile vendor ordinance and wished all a happy 4th of July and asked Finance Director Williams to make a special announcement, for which she stated that the City was awarded by the Government Finance Officers Association (GFOA) for the first time the Certificate of Achievement for Excellence in Financial Reporting thanked the Finance staff for all their hard work: Martha Brazil, Kim Tomas, Rosemarie Souto. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Wished all a happy 4th of July and for all to be safe, especially with the drought we are in with all the dry areas, reminded all to light fireworks on their driveway and not the public street, how she recently attended a League of California Cities Conference in Monterey for City Council Members with the topics discussed of issues in regards to sustainability, solar systems, ground water. California has some really informant things that are happening now and we really need to get a handle on it as to the expectations of these things to be accomplished. SCOTT SILVEIRA: Wished everyone a safe and happy 4th of July. ELIZABETH STONEGROVE: Congratulated the Finance Department of the GFOA financial award and wished all a happy 4th of July. TOM FARIA: Congratulations to Finance on their award, reminded all about the upcoming Beer and Wine Stroll, the new Korean BBQ that serves sushi, how news reports the State of California has reduced their water consumption by 20%, and hoped all will have a safe and sane 4th of July. MAYOR MICHAEL VILLALTA: Congratulations to the Finance Department on their GFOA award, how he recently attended a U.S. Conference of Mayors last week which was well attended by many many Mayors of the U.S., how nice it was to talk to people and see the different situations they were facing, spoke regarding the Gene Forte court case regarding how it was mentioned in the Los Banos Enterprise that Council Member Faria, Mayor Villalta, Corey Pride and Police Chief Brizzee were absent, but they were not absent, they were not allowed to attend because they testified at the trial. ADJOURNMENT. The meeting was adjourned at the hour of 9:18 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk