City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JULY 20, 2016 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: Police Commander Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Deborah Lewis, Scott Silveira, Mayor Michael Villalta; Absent: Elizabeth Stonegrove. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Manager Terrazas, Police Commander Reyna, Finance Director Williams, City Treasurer/Accountant I Brazil, Fire Chief Marrison, Senior Planner Elms, Public Works Director/City Engineer Fachin and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Mayor Villalta stated that Item 5, Proclamation Recognizing Gary Brizzee as Interim City Manager from January 15 – June 30, 2016 needs to be removed from the agenda and will be presented at a future Council Meeting. Motion by Silveira, seconded by Faria to approve the City Council Meeting agenda as amended, with the removal of Item 5, Proclamation Recognizing Gary Brizzee as Interim City Manager from January 15 – June 30, 2016. The motion carried by the affirmative action of all City Council Members present, Stonegrove absent. PRESENTATIONS – PROCLAMATION RECOGNIZING GARY BRIZZEE AS INTERIM CITY MANAGER FROM JANUARY 15 – JUNE 30, 2016. This item was removed with the approval of the agenda above. 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. RICH GREEN, Transit Manager for The Bus, spoke regarding how they evaluated the service they provide and how they are changing Los Banos to a Dial-a-Ride System and how they will still have the fixed routes going to Merced, Dos Palos and Gustine, how riders can pay for a same day fare of $3 one way, the month of August 2016 will be free transit provided through a grant. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Villalta would like to remove item E, City Council Resolution No. 5771 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures in the HOME Investment Partnership Program (HOME) Fund in the Amount of $2,000 for presentation and discussion; Council Member Lewis would like to remove item D, City Council Resolution No. 5772 – Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim for Fiscal Year 2015-2016 in the Amount of $405,763 for presentation and discussion. Motion by Faria, seconded by Lewis to approve the consent agenda as amended as follows: Check Register for #160190 - #160417 in the Amount of $1,163,545.04; Acceptance of the Fourth Quarter Investment Report for 2015/2016; Minutes for the June 1, 2016 City Council Meeting; City Council Resolution No. 5771 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures in the HOME Investment Partnership Program (HOME) Fund in the Amount of $2,000; City Council Resolution No. 5772 – Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim for Fiscal Year 2015- 2016 in the Amount of $405,763; City Council Resolution No. 5773 – Authorizing the City Manager to Execute a Professional Services Agreement with Kleinfelder, Inc. for Geotechnical Engineering Services not to Exceed $95,000 for Fiscal Year 2016-2017. The motion carried by the affirmative action of all City Council Members present, Stonegrove absent. CITY COUNCIL RESOLUTION NO. 5771 – ADOPTING A REVISED BUDGET FOR THE 2016-2017 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES IN THE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUND IN THE AMOUNT OF $2,000. Council Member Lewis inquired as to the Fiscal Impact and what the $2,000 will be used for. Finance Director Williams explained that a current homeowner in the HOME Program is interested in selling their home, but there is a clause in the agreements that state the home has to be sold to someone else who qualifies for HOME program and after checking with the State, staff is wanting to change the wording to eliminate this clause in all the agreements, which the City Attorney will re- write. CITY COUNCIL RESOLUTION NO. 5772 – AUTHORIZING THE CITY MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM FOR FISCAL YEAR 2015-2016 IN THE AMOUNT OF $405,763. Mayor Villalta inquired as to what this claim is for and how it will benefit Los Banos for which Public Works Director/City Engineer Fachin provided. Motion by Faria, seconded by Silveira to approve City Council Resolution No. 5771 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures in the HOME Investment Partnership Program (HOME) Fund in the Amount of $2,000 and City Council Resolution No. 5772 – Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim for Fiscal Year 2015-2016 in the Amount of $405,763. The motion carried by the affirmative action of all Council Members present, Stonegrove absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH AN EATING PLACE, FOR TAQUERIA 152 LOCATED AT 1041 W. PACHECO BOULEVARD, APN 026-182-003; CITY COUNCIL RESOLUTION NO. 5774 – APPROVING CONDITIONAL USE PERMIT #2016-12 FOR THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE FOR TAQUERIA 152 LOCATED AT 1041 WEST PACHECO BOULEVARD. Senior Planner Elms presented the staff report, which included a PowerPoint presentation. She noted that the location is 1041 Pacheco Boulevard, not West Pacheco as stated above. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Faria, seconded by Silveira to adopt City Council Resolution No. 5774 – Approving Conditional Use Permit #2016-12 for the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine for Taqueira 152 Located at 1041 West Pacheco Boulevard, with the correction of the address to be 1041 Pacheco Boulevard. The motion carried by the affirmative action of all Council Members present, Stonegrove absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ACCEPTING THE 2015 URBAN WATER MANAGEMENT PLAN (UWMP) TO BE IN COMPLIANCE WITH THE UWMP ACT AND THE WATER CONSERVATION BILL OF 2009; CITY COUNCIL RESOLUTION NO. 5775 – ACCEPTING THE 2015 URBAN WATER MANAGEMENT PLAN. Public Works Director/City Engineer presented the staff report, which included a PowerPoint presentation, noting that the Merced County Farm Bureau submitted comments as it pertains to 8.8 Catastrophic Supply Interruption of the and how they find it hard to believe that the drought has not had an effect on the figures stated and question that the water supplies are very stable and the basin as resilient. There was Council Member and staff discussion regarding how you figure out the gallons per capita per day, per house. Mayor Villalta opened the public hearing. PALMER MCCOY, Los Banos, noted that page 40 talks about having to upgrade the WWTP and would like Public Works Director/City Engineer Fachin to talk about that, which he did. Mayor Villalta spoke regarding all the approved annexations being a part of the Water Master Plan already and there is guarded wiggly room. Council Member Faria inquired as to how the solar bees at the ponds at the Wastewater Treatment Plant are performing, for which Public Works Director/City Engineer Fachin spoke in more detail to. Mayor Villalta inquired as to if any other municipality will get a permit to get solar bees for which Public Works Director/City Engineer Fachin stated probably not. No one else came forward to speak and the public hearing was closed. Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 5775 – Accepting the 2015 Urban Water Management. The motion carried by the affirmative action of all Council Members present, Stonegrove absent. DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR THE 2016 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE BEING HELD OCTOBER 5-7, 2016 IN LONG BEACH. Motion by Villalta, seconded by Lewis to designate the Mayor as the voting delegate and Council Member Lewis as alternate voting delegate. The motion carried by the affirmative action of all Council Members present, Stonegrove absent. ADVISEMENT OF PUBLIC NOTICES (Three Reports). Senior Planner Elms stated that there will be three public hearing at the Planning Commission Meeting on July 27, 2016: consideration of a Conditional Use Permit to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine in conjunction with an eating place, Wingstop, at 1989 E. Pacheco Boulevard; consideration of a Cottage Food Operation #2016-01 at the residence of 695 Chinaberry Court for Sarah Vanlobensels; consideration of a Conditional Use Permit to allow the use of a Type 21 Alcohol License for the off-sale of general alcohol and Type 86 Alcohol License for instructional tasting of alcohol at Save Mart located at 1400 S. Mercey Spring Road, Suite B. Council Member Silveira inquired as to a timeline of Save mart moving to their location for which Senior Planner Elms stated her guesstimate would be 4-6 months and there was clarification on their ABC license. CITY MANAGER REPORT. City Manager Terrazas spoke regarding who he has met with during his first few weeks in Los Banos, attended the recent meetings of the Downtown Merchants, Los Banos Chamber of Commerce and Rotary. CITY COUNCIL MEMBER REPORTS. TOM FARIA: Not much to report, jus that today marks the day that man first walked on the moon. DEBORAH LEWIS: Spoke regarding a preparation net that you can purchase to put on your plants and your lawn that turns into a gel that holds the water in that can help you save your landscaping, our country needs prayer to come together and solve problems and not kill each other and police officers, we need to find a way to live together and solve the issues that we have, her heart goes out to those officers and family members who have lost their lives in the recent events, very thankful for what our police officers do and how they do it in our city, my heart goes out to all those who help keep peace. SCOTT SILVEIRA: Nothing to report. ELIZABETH STONEGROVE: Absent. MAYOR MICHAEL VILLALTA: Reported that there will be free riding on The Bus the month of August 2016, spoke regarding the DLA Oversight Board that is in charge of the closure of the old Redevelopment Agency and asked Finance Director Williams to speak about a building on I Street that is getting cleaned up and demolishing the building and be reimbursed for those services from the Department of Finance, with hopefully being turned into downtown parking. Fire Chief Marrison spoke regarding cooling shelters/cooling zones during the hot summer days. Mayor Villalta stated that the Community Center is opened everyday Monday through Friday from 9am-5pm and Fridays until 6pm and the Library is open too as a cooling shelter, per his request through MCAG, CalTrans has been working on Highway 152 has a lot of spot-paving going on to fix potholes . ADJOURNMENT. Motion by Lewis, seconded by Faria the meeting was adjourned at 8:08 PM to 4:00 PM, Monday, July 25, 2016 to Hold a Public Hearing and Consider a General Plan Amendment that Would Update the Housing Element of the Los Banos General Plan Pursuant to State Law Being Held in City Hall Council Chambers, 520 J Street, Los Banos, California. The motion carried by the affirmative action of all Council Members present, Stonegrove absent. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk