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City Council Meeting

Regular Meeting

Los Banos, CA · September 7, 2016

AgendaMinutes

Minutes

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 7, 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 Pro Tem Faria called the City Council Meeting to order at the hour of 7:02 PM. PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Deborah Lewis, Scott Silveira, Elizabeth Stonegrove; Absent: Mayor Michael Villalta. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Manager Terrazas, Police Chief Brizzee, 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: Motion by Silveira, seconded by Stonegrove to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all City Council Members present, Villalta 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; 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. MARK BODLEY, Los Banos Mosquito Abatement District Representative, introduced Allen Inan, Manager of Mosquito Abatement District, who spoke regarding the services they provide and the area they serve, noting the new services this year, their efforts to prevent the spread of the West Nile virus and what citizens can do to help with prevention especially if they have pools, recommended extra caution especially after sunset, recent West Nile virus case in Los Banos and also a Zika case, he will email information to the City Manager to post on the City’s website; DIANA THURSTON, Los Banos, spoke regarding Alzheimer’s and how she started the local support group, the Walk to End Alzheimer’s in Merced on October 15, 2016 and the Los Banos Chili’s fundraiser on September 22, 2016, they are a small group and they are really trying to represent Los Banos and make you proud, they meet the 3 rd Wednesday of every month at Country Waffles, and she spoke as to why she is so passionate for this cause; GROVER THURSTON, spoke regarding the upcoming event at the Los Banos Arts Council, i.e. The Sun Kings on September 17, 2016 and Los Centzontles on October 22, 2016; BERTHA FARIA, Los Banos Chamber of Commerce, welcomed the new members to the Chamber, looking forward to the upcoming ribbon cuttings, spoke regarding upcoming events: Downtown Street Faire, Annual Pumpkin Patch Quilt Show, unveiling of the downtown mural, mixers, Constitution Day at Chili’s, Los Banos Golden Agers dinner, Oasis Community Church drive thru dinner fundraiser, Los Banos Arts Council events; ERIK LIMON, Republic Services, spoke regarding the Annual Fall Clean Up on September 25, 2016 and what can be recycled, also as to when the garbage carts can be put out and when they need to be put back. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Police Chief Brizzee presented the staff report for 6F- City Council Resolution No. 5782 – Amending Division 4, Section 4004 Part Time Employee Classifications with the Addition of a Code Enforcement Officer, Council Member Silveira stated that he supports this item because the full time person is out on leave and the grant Code Enforcement Officer (CEO) is only serving one area of town, he would like to see the part time CEO stay on once the full time CEO comes back; Council Member Lewis thanked the Police Department, Police Chief, staff, City Manager for allowing the addition of the part time CEO position and would like to see if the part time can stay once the full time person comes back and would like to see the part time CEO turned into an additional full time CEO position. Police Chief Brizzee presented 6H - City Council Resolution No. 5784 – Approving the Acceptance of a Walmart Community Program Grant, Number 29520129, in the Amount of $2,500 and Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues for the Police Department in the Amount of $2,500 to Support Community Programs. Council Member Lewis thanked the Chief for taking advantage of this grant and also to Walmart for the grant funding. Motion by Lewis, seconded by Stonegrove to approve the consent agenda as follows: Check Register for #200115 – #200678 in the Amount of $2,620,408.72; City Council Resolution No. 5778 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures and Revenues for the Police Department Communications Account in the Amount of $9,100 for Fees Associated with Broadband Air Cards; City Council Resolution No. 5779 – Authorizing the City Manager to Enter into a Contract to Purchase One (1) New Fire Command Vehicle (1500 Crew Cab Pickup 4x4) from Merced Chevrolet in the Amount of $37,267.83; City Council Resolution No. 5780 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures for the IT Technical Services Account in the Amount of $3,880 for Internet Services Upgrade for City Hall and Police Station; City Council Resolution No. 5781 – Approving Side Letter Agreements to the Existing Memorandums of Understanding with the Los Banos Police Sergeants Association and Los Banos Fire Fighters Association and an Amendment to Division 5 – Personnel Benefits of the City’s Policy & Procedures Manual as it Pertains to Reporting the Monetary Value of Uniform Expenses; City Council Resolution No. 5782 – Amending Division 4, Section 4004 Part Time Employee Classifications with the Addition of a Code Enforcement Officer; City Council Resolution No. 5783 – Amending City Council Resolution No. 5605 Relating to the City’s Conflict of Interest Code; City Council Resolution No. 5784 – Approving the Acceptance of a Walmart Community Program Grant, Number 29520129, in the Amount of $2,500 and Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues for the Police Department in the Amount of $2,500 to Support Community Programs; City Council Resolution No. 5785 – Amending the 2016- 2017 Fiscal Year Budget by Increasing the Appropriation Amount in the General Fund for Revenue and Expenditures for the Police Department in the Amount of $1,656.18 to Complete an Approved Equipment Purchase. The motion carried by the affirmative action of all City Council Members present, Villalta absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF PRESIDENTIAL ESTATES EAST AREA PLAN TO GUIDE FUTURE DEVELOPMENT; A GENERAL PLAN AMENDMENT TO RE-DESIGNATE THE PROJECT SITE FROM PROFESSIONAL OFFICE, MEDIUM DENSITY RESIDENTIAL, AND COMMERCIAL TO LOW DENSITY RESIDENTIAL, ANNEXATION AND PREZONE OF APPROXIMATELY 106 ACRES; AND ASSOCIATED MITIGATED NEGATIVE DECLARATION (SCH #2015061056), PROJECT SITE LOCATED NORTH OF PIONEER ROAD, WEST OF MERCEY SPRINGS ROAD (SR 165) AND EAST OF ELEVENTH STREET, APNS 026-290-001, 002, 003, 004, 005, 083-120-012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023, 024, 027 AND 028; CITY COUNCIL RESOLUTION NO. 5786 – APPROVING MITIGATED NEGATIVE DECLARATION (SCH #2015061056) AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PRESIDENTIAL ESTATES EAST AREA PLAN AND ANNEXATION #2014-01, GENERAL PLAN AMENDMENT #2015-03, PRE- ZONE #2014-02, AND ASSOCIATED PRE-ANNEXATION DEVELOPMENT AGREEMENTS (MOTION OF INTENT TO ADOPT); CITY COUNCIL RESOLUTION NO. 5787 – APPROVING GENERAL PLAN AMENDMENT #2015-03 FOR PROPERTY LOCATED WITHIN THE PRESIDENTIAL ESTATES EAST AREA PLAN PROJECT, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS: 026-290-001, 002, 003, 004, AND 005 (MOTION OF INTENT TO ADOPT); ORDINANCE NO. 1145 – AMENDING THE ZONING MAP TO PRE-ZONE APPROXIMATELY 106 ACRES LOCATED NORTH OF PIONEER ROAD AND WEST OF MERCEY SPRINGS ROAD (SR 165), MERCED COUNTY, CALIFORNIA, FROM COUNTY R-1 (RESIDENTIAL-SINGLE FAMILY) TO CITY R-1 (LOW DENSITY RESIDENTIAL), TO BE ANNEXED INTO THE CITY OF LOS BANOS. (FIRST READING & INTRODUCTION); CITY COUNCIL RESOLUTION NO. 5788 – REQUESTING THE ANNEXATION AND PRE-ZONE OF APPROXIMATELY 106 ACRES FOR THE PRESIDENTIAL ESTATES EAST AREA PLAN AND ANNEXATION (MOTION OF INTENT TO ADOPT); ORDINANCE NO. 1146 – APPROVING A PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND STONEFIELD COMMUNITIES, INC., FOR THE PROJECT COMMONLY KNOWN AS THE PRESIDENTIAL ESTATES EAST AREA PLAN AND ANNEXATION (FIRST READING & INTRODUCTION); ORDINANCE NO. 1147 – APPROVING A PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND THE MANUEL M. CARDOZA PROPERTY, FOR THE PROJECT COMMONLY KNOWN AS THE PRESIDENTIAL ESTATES EAST AREA PLAN AND ANNEXATION (FIRST READING & INTRODUCTION). City Attorney Vaughn stated that he lives within 300 feet of this proposed project and will be excusing himself from the discussion and the Council Chambers. Senior Planner Elms presented the staff report, which included a PowerPoint presentation, noting that staff has added language to a resolution and is recommending deferral of the two ordinances because of last minute staff and developer discussions. Mayor Pro Tem Faria opened the public hearing. JEFF ROBERTS, Stonefield Communities, developer of the southern part of the project, stated that he has been working with City staff for many years and spoke to the history behind this project and supports the recommendations by the staff and concurs with the request to defer the approval of the ordinances, appreciates and supports Senior Planner Elms staff report, how this area is right for annexation, an obvious peninsula, how if approved this evening they will have to come back with additional detail for consideration and approval, he has been discussing this actively with City staff and LAFCO and believes they have found a good middle ground, respectfully requests approval of the items before the City Council. There was Council Member and staff discussion regarding if there has been a definitive answer from LAFCO that they are recommending that CCID allow the Cardoza family to continue the class 1 water rights for which Mr. Roberts stated that no formal action has been taken, but when the Cardoza family is ready to do something with their land they will maintain their class 1 water rights unless the use changes; how CCID will be discussing this topic later this month and then it will go to LAFCO, what is stated is that there will be a hard trigger that would allow for the change of water from Class 1 to Class 2, and there is no document that states this as this is just starting the process with the approval of the resolutions which will be sent to LAFCO and that’s when the condition will be stated; wanting to hear from the Cardoza Family and get the sense that they are felling the same confidence that we are; how a draft proposal was presented to LAFCO as to what would happen if an annexation was brought forward to them, changes to language was sent back to CCID, as long as the land remains farming then it would remain Class 1 water rights, as soon as it is developed is will become Class 2; concerns that we have been working on this for a year and really concerned why LAFCO and CCID have not worked out the issue and taken care of this problem a long time ago, feels uncomfortable about making the decision and then LAFCO and CCID being able to back out of the agreement with the Cardoza Family, should have been decided a head of time before it came to the City Council, feelings that we are being asked to do something prematurely. MIKE CARDOZA, representing the Cardoza Family, stated that he understands what is going on with the water rights, he has been told that CCID will be waiting for LAFCO to get back to them, and if he does not get his water rights agreement to maintain class 1 water rights as long as it is maintained as farmland he will not agree to what is being proposed. There was additional Council Member and staff discussion regarding how CCID is not changing their policy, they are allowing a certain circumstances for a very unique situation, CCID has been working with LAFCO and we all want it done right. No one else came forward to speak and the public hearing was closed. Special Legal Counsel Bill Abbott explained the process staff is requesting with the resolutions and ordinances. Motion by Silveira, seconded by Stonegrove to intent to adopt City Council Resolution No. 5786 – Approving Mitigated Negative Declaration (SCH #2015061056) and Associated Mitigation Monitoring and Reporting Program for the Presidential Estates East Area Plan and Annexation #2014-01, General Plan Amendment #2015-03, Pre- Zone #2014-02, and Associated Pre-Annexation Development Agreements. The motion carried by the affirmative action of all Council Members present, Villalta absent. Motion by Silveira, seconded by Stonegrove to intent to adopt City Council Resolution No. 5787 – Approving General Plan Amendment #2015-03 for Property Located within the Presidential Estates East Area Plan Project, More Specifically Identified as Assessor’s Parcel Numbers: 026-290-001, 002, 003, 004, and 005. The motion carried by the affirmative action of all Council Members present, Villalta absent. Motion by Silveira, seconded by Stonegrove, to waive the first reading Ordinance No. 1145 – Amending the Zoning Map to Pre-Zone Approximately 106 Acres Located North of Pioneer Road and West of Mercey Springs Road (SR 165), Merced County, California, from County R-1 (Residential-Single Family) to City R-1 (Low Density Residential), to be Annexed into the City of Los Banos. The motion carried by the affirmative action of all Council Members present, Villalta absent. Motion by Silveira, seconded by Stonegrove, to introduce Ordinance No. 1145 – Amending the Zoning Map to Pre-Zone Approximately 106 Acres Located North of Pioneer Road and West of Mercey Springs Road (SR 165), Merced County, California, from County R-1 (Residential-Single Family) to City R-1 (Low Density Residential), to be Annexed into the City of Los Banos. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove; NOES: None; ABSENT: Villalta. Motion by Silveira, seconded by Stonegrove to intent to adopt City Council Resolution No. 5788 – Requesting the Annexation and Pre-Zone of Approximately 106 Acres for the Presidential Estates East Area Plan and Annexation. The motion carried by the affirmative action of all Council Members present, Villalta absent. Motion by Silveira, seconded by Stonegrove to continue consideration of approval of Ordinance No. 1146 – Approving a Pre-Annexation Development Agreement Between the City of Los Banos and Stonefield Communities, Inc., for the Project Commonly known as the Presidential Estates East Area Plan and Annexation and Ordinance No. 1147 – Approving a Pre-Annexation Development Agreement Between the City of Los Banos and The Manuel M. Cardoza Property, for the Project Commonly Known as the Presidential Estates East Area Plan and Annexation to October 19, 2016 Council Meeting. The motion carried by the affirmative action of all Council Members present, Villalta absent. Mayor Pro Tem Faria requested a 10 minute recess. City Attorney Vaughn returned to the Council Chambers. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF AN AMENDMENT EXTENDING THE TERM OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND RANCHWOOD HOMES, CORP. (NORTHGATE SEWER LIFT STATION); CITY COUNCIL RESOLUTION NO. 5789 – APPROVING A FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND RANCHWOOD HOMES CORP. FOR REIMBURSEMENT FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND FACILITIES COMMONLY REFERRED TO AS THE NORTHGATE SEWER MAIN AND PUMP STATION. Public Works Director/City Engineer Fachin presented the staff report. Mayor Pro Tem Faria opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Silveira, seconded by Stonegrove to adopt City Council Resolution No. 5789 – Approving a First Amendment to Reimbursement Agreement between the City of Los Banos and Ranchwood Homes Corp. for Reimbursement for the Construction of Public Improvements and Facilities Commonly Referred to as the Northgate Sewer Main and Pump Station. The motion carried by the affirmative action of all Council Members present, Villalta absent. 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 PLACE, WINGSTOP, LOCATED AT 1989 E. PACHECO BOULEVARD, SUITE K, APN 083-140-028; CITY COUNCIL RESOLUTION NO. 5790 – APPROVING CONDITIONAL USE PERMIT #2016-15 FOR THE USE OF TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH AN EATING PLACE FOR WINGSTOP LOCATED AT 1989 E. PACHECO BOULEVARD, SUITE K. Senior Planner Elms presented the staff report, which included a PowerPoint presentation. Mayor Pro Tem Faria opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Silveira, seconded by Stonegrove to adopt City Council Resolution No. 5790 – Approving Conditional Use Permit #2016-15 for the Use of Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with an Eating Place for Wingstop Located at 1989 E. Pacheco Boulevard, Suite K. The motion carried by the affirmative action of all Council Members present, Villalta absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE USE OF TYPE 21 ALCOHOL LICENSE FOR THE OFF-SALE OF GENERAL ALCOHOL AND TYPE 86 ALCOHOL LICENSE FOR INSTRUCTIONAL TASTING OF ALCOHOL FOR SAVE MART SUPERMARKETS LOCATED AT 1400 S. MERCEY SPRINGS ROAD, SUITE B, APN 083-130-040; CITY COUNCIL RESOLUTION NO. 5791 – APPROVING CONDITIONAL USE PERMIT #2016-14 FOR THE USE OF TYPE 21 ALCOHOL LICENSE, “OFF-SALE GENERAL ALCOHOL” AND TYPE 86 ALCOHOL LICENSE, “INSTRUCTIONAL TASTING”, FOR SAVE MART SUPERMARKETS LOCATED AT 1400 S. MERCEY SPRINGS ROAD, SUITE B. Senior Planner Elms presented the staff report, which included a PowerPoint presentation. Mayor Pro Tem Faria opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Silveira, seconded by Stonegrove to adopt City Council Resolution No. 5791 – Approving Conditional Use Permit #2016-14 for the Use of Type 21 Alcohol License, “Off-Sale General Alcohol” and Type 86 Alcohol License, “Instructional Tasting”, for Save Mart Supermarkets Located at 1400 S. Mercey Springs Road, Suite B. The motion carried by the affirmative action of all Council Members present, Villalta absent. CONSIDERATION AND APPROVAL OF RESPONSE LETTERS REGARDING MERCED COUNTY CIVIL GRAND JURY FINAL REPORT 2015-2016, CITY OF LOS BANOS WATER QUALITY EXTERNAL INVESTIGATION 15-09-23. Public Works Director/City Engineer Fachin presented the staff report. Motion by Silveira, seconded by Stonegrove to approve the letters as submitted and authorize the City Manager and Public Works Director/City Engineer to execute letters. The motion carried by the affirmative action of all Council Members present, Villalta absent. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5792 – AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE PROCUREMENT AGREEMENT WITH SUN RIDGE SYSTEMS FOR THE PURCHASE OF THEIR “RIMS” INTEGRATED COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM (CADS/RMS) FOR THE POLICE DEPARTMENT. Police Chief Brizzee presented the staff report. There was Council Member and staff discussion regarding the lease purchase plan option and how we are buying it, the annual fee for ongoing support, and how it is nice to see the upgrade from a 15 year old system which will be a great for Los Banos Police Department staff and the public. Motion by Silveira, seconded by Stonegrove to adopt City Council Resolution No. 5792 – Authorizing the city Manager to Enter into a Cooperative Procurement Agreement with Sun Ridge Systems for the Purchase of their “RIMS” Integrated Computer Aided Dispatch/Records Management System (CADS/RMS) for the Police Department. The motion carried by the affirmative action of all Council Members present, Villalta absent. CODE ENFORCEMENT UPDATE BY THE LOS BANOS POLICE DEPARTMENT. Police Chief Brizzee presented the staff report. There was Council Member and staff discussion regarding if the full time Code Enforcement Officer (CEO) would be working on weekends, how they will be Monday- Friday 8am-5pm, but perhaps the part time CEO will be working weekends, how in the southern portion of the City there are some areas that are really prevalent of having a lot of garage sales and posting signs and a-frame signs, how the CEO will still make contact with garage sale holders and explain the registration process, process of Animal Control when they are adopted out and if they are spay and neutered and if there is any follow-up to make sure they use the voucher if given, making the informational flyers available at the Public Works Department and the Community Center and also the Los Banos Chamber of Commerce, having the Los Banos Enterprise report on it, get realtors to also hand out the flyers, the targeted area for the CEO grant that we have now being only for a specific area, how there are some businesses that don’t have trash enclosures and the need to educate them on the proper care of trash. No action required, informational item only. CONSIDERATION OF INSERTING FLYERS (ENGLISH & SPANISH) IN THE CITY’S UTILITY BILLS TO INFORM CITIZENS OF THE NEWLY PASSED ORDINANCE REGARDING GARAGE SALE REGISTRATIONS. (Continued from July 6, 2016 City Council Meeting) Police Chief Brizzee presented an update stating that he feels that what is currently being done is making a difference, Finance Director Williams stated that it has been included in utility bills, City Hall staff has been handing out the flyers and it does appear that there have been a lot of responses to the actions being taking. There was Council Member and staff discussion regarding the number of people that have registered for garage sales. Council Member Lewis stated that since she was the one that brought this forward, she would like to continue what we are doing to see if it can continue to make a change, would like to extend it out another three months and have statistics brought back to Council to see how it is working out, reach out to businesses and the Los Banos Chamber of Commerce to see if they could help educate, how the ordinance came about because of citizen complaints and she appreciates what is being done and would like to extend it even more into the community Council Member Stonegrove applauded the City departments for their efforts, is very pleased with how many have complied, and does not see the necessity in continuing this item any further. Motion by Lewis, seconded by Faria to continue this item to December 7, 2016 so that staff can bring statistics back to show that we are making progress. The motion failed by the following roll call vote: AYES: Faria, Lewis; NOES: Silveira, Stonegrove; ABSENT: Mayor Villalta. APPOINTMENT OF COMMISSION MEMBER – TREE COMMISSION – ONE (1) UNEXPIRED TERM, EXPIRING DECEMBER 31, 2017. Motion by Faria, seconded by Silveira to appoint Brenda Latham to the unexpired term, expiring December 31, 2017, on the Tree Commission. The motion carried by the affirmative action of all Council Members present, Villalta absent. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER REPORT. Nothing to report. CITY COUNCIL MEMBER REPORTS. SCOTT SILVEIRA: Nothing to report ELIZABETH STONEGROVE: Nothing to report TOM FARIA: Reminded all about the upcoming Downtown Street Faire and all the other events going on. DEBORAH LEWIS: Nothing to report MAYOR MICHAEL VILLALTA: Absent ADJOURNMENT. The meeting was adjourned at 10:21 p.m. APPROVED: /s/ Tom Faria __________ Tom Faria, Mayor Pro Tem ATTEST: /s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk

Agenda

rosBanos At the Crossroads of California www.losbanos .org AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California SEPTEMBER 7, 2016 If you require special assistance to attend or participate in this meeting, please calf the City Clerk 's Office@ (209) 827-7000 at least 48 hours prior to the meeting. The City of Los Banos complies with the Americans with Disabilities Act (A DA) of 1990. *"'**"'."'********* Sf requiere asistencia especial para atender 0 participar en esla junta por favor lIame a /a oficina de la Secretaria de /8 eiudad 81 (209) 827~7000 a 10 menos de 48 horas previas de 18 junta. La Guidad de Los Banos cumpte con /8 Acta de Americanos con Oeshabi/idad (A DA) de 1990. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www./osbanOS.om. ************* Cua/quier escn"tura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier articulo en es/e orden del dia sera hecho disponible para la inspecci6n publica en la reuni6n y en fa oficina de la Secrelaria de la ciudad en City Hall, 520 J Street, Los Banos, Califomia durante horas de oficina nonna/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. 1. CALL TO ORDER. 7:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: (City Council Members) Faria _ , Lewis _ , Silveira _ , Stonegrove _ , Villalta _ 4. CONSIDERATION OF APPROVAL OF AGENDA. 5. 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 LoS Banos City Council Agenda September 7, 2016 Paget 0(6 items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.) 6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #200115 - #200678 in the Amount of $2,620,408.72 . Recommendation: Approve the check register as submitted. B. City Council Resolution No. 5778 - Adopting a Revised Budget for the 2016- 2017 Fiscal Year as it Pertains to Expenditures and Revenues for the Police Department Communications Account in the Amount of $9,100 for Fees Associated with Broadband Air Cards. Recommendation: Approve the resolution as submitted. C. City Council Resolution No. 5779 - Authorizing the City Manager to Enter into a Contract to Purchase One (1) New Fire Command Vehicle (1500 Crew Cab Pickup 4x4) from Merced Chevrolet in the Amount of $37,267.83. Recommendation: Approve the resolution as submitted. D. City Council Resolution No. 5780 - Adopting a Revised Budget for the 2016- 2017 Fiscal Year as it Pertains to Expenditures for the IT Technical Services Account in the Amount of $3,880 for Internet Services Upgrade for City Hall and Police Station . Recommendation: Approve the resolution as submitted. E. City Council Resolution No. 5781 - Approving Side Letter Agreements to the Existing Memorandums of Understanding with the Los Banos Police Sergeants Association and Los Banos Fire Fighters Association and an Amendment to Division 5 - Personnel Benefits of the City's Policy & Procedures Manual as it Pertains to Reporting the Monetary Value of Uniform Expenses. Recommendation: Approve the resolution as submitted. F. City Council Resolution No. 5782 - Amending Division 4, Section 4004 Part Time Employee Classifications with the Addition of a Code Enforcement Officer. Recommendation: Approve the resolution as submitted. G. City Council Resolution No. 5783 - Amending City Council Resolution No. 5605 Relating to the City's Conflict of Interest Code. Recommendation: Approve the resolution as submitted. Los Banos City Council Agenda - September 7, 20 16 Page 2 0(6 H. City Council Resolution No. 5784 - Approving the Acceptance of a Walmart Community Program Grant, Number 29520129, in the Amount of $2,500 and Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues for the Police Department in the Amount of $2,500 to Support Community Programs. Recommendation: Approve the resolution as submitted. I. City Council Resolution No. 5785 - Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount in the General Fund for Revenue and Expenditures for the Police Department in the Amount of $1 ,656.18 to Complete an Approved Equipment Purchase. Recommendation: Approve the resolution as submitted. 7. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.) A. Public Hearing - To Receive Public Comment and Consideration of Presidential Estates East Area Plan to Guide Future Development; a General Plan Amendment to Re-designate the Project Site from Professional Office, Medium Density Residential, and Commercial to Low Density Residential, Annexation and Prezone of Approximately 106 Acres; and Associated Mitigated Negative Declaration (SCH #2015061056) , Project Site Located North of Pioneer Road, West of Mercey Springs Road (SR 165) and East of Eleventh Street, APNs 026-290-001, 002, 003, 004, 005, 083-120-012, 013, 014,015,016,017,018,019, 020, 021,022 , 023, 024,027 and 028. 1) City Council Resolution No. 5786 - Approving Mitigated Negative Declaration (SCH #2015061056) and Associated Mitigation Monitoring and Reporting Program for the Presidential Estates East Area Plan and Annexation #2014-01, General Plan Amendment #2015-03, Pre-Zone #2014-02, and Associated Pre-Annexation Development Agreements. (Motion of Intent to Adopt) 2) City Council Resolution No. 5787 - Approving General Plan Amendment #2015-03 for Property Located within the Presidential Estates East Area Plan Project, More Specifically Identified as Assessor's Parcel Numbers: 026-290-001 , 002 , 003, 004, and 005. (Motion of Intent to Adopt) 3) Ordinance No. 1145 - Amending the Zoning Map to Pre-Zone Approximately 106 Acres Located North of Pioneer Road and West of Mercey Springs Road (SR 165), Merced County, California , from County R-1 (Residential-Single Family) to City R-1 (Low Density Residential), to be Annexed into the City of Los Banos. (First Reading & Introduction) Los Banos City Council Agenda - September 7, 2016 Page 3 016 4) City Council Resolution No. 5788 - Requesting the Annexation and Pre- Zone of Approximately 106 Acres for the Presidential Estates East Area Plan and Annexation. (Motion of Intent to Adopt) 5) Ordinance No. 1146 - Approving a Pre-Annexation Development Agreement Between the City of Los Banos and Stonefield Communities, Inc., for the Project Commonly known as the Presidential Estates East Area Plan and Annexation . (First Reading & Introduction) 6) Ordinance No. 1147 - Approving a Pre-Annexation Development Agreement Between the City of Los Banos and The Manuel M. Cardoza Property, for the Project Commonly Known as the Presidential Estates East Area Plan and Annexation. (First Reading & Introduction) Recommendation: Receive staff report. open public hearing, receive public comment, motion of intent to adopt the resolutions as submitted, waive the first readings, and introduce the ordinances as submitted. B. Public Hearing - To Receive Public Comment and Consideration of an Amendment Extending the Term of a Reimbursement Agreement between the City of Los Banos and Ranchwood Homes, Corp. (Northgate Sewer Lift Station). 1) City Council Resolution No. 5789 - Approving a First Amendment to Reimbursement Agreement between the City of Los Banos and Ranchwood Homes Corp. for Reimbursement for the Construction of Public Improvements and Facilities Commonly Referred to as the Northgate Sewer Main and Pump Station. Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing and adopt the resolution as submitted. C. 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 Place, Wingstop, Located at 1989 E. Pacheco Boulevard, Suite K, APN 083-140-028. 1) City Council Resolution No. 5790 - Approving Conditional Use Permit #2016-15 for the Use of Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with an Eating Place for Wingstop Located at 1989 E. Pacheco Boulevard , Suite K. Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing and adopt the resolution as submitted. D. Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit to Allow the Use of Type 21 Alcohol License for the Off-Sale of General Alcohol and Type 86 Alcohol License for Instructional Los Banos City Council Agenda - September 7, 2016 Page 4 016 Tasting of Alcohol for Save Mart Supermarkets Located at 1400 S. Mercey Springs Road , Suite B, APN 083-130-040. 1) City Council Resolution No. 5791 - Approving Conditional Use Permit #2016-14 for the Use of Type 21 Alcohol License, "Off-Sale General Alcohol" and Type 86 Alcohol License, "Instructional Tasting", for Save Mart Supermarkets Located at 1400 S. Mercey Springs Road, Suite B. Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing and adopt the resolution as submitted. 8. CONSIDERATION AND APPROVAL OF RESPONSE LETTERS REGARDING MERCED COUNTY CIVIL GRAND JURY FINAL REPORT 2015-2016, CITY OF LOS BANOS WATER QUALITY EXTERNAL INVESTIGATION 15-09-23. Recommendation: Receive staff report, approve the letters as submitted and authorize the City Manager and Public Works Director/City Engineer to execute the letters. 9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5792 - AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE PROCUREMENT AGREEMENT WITH SUN RIDGE SYSTEMS FOR THE PURCHASE OF THEIR "RIMS" INTEGRATED COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM (CADS/RMS) FOR THE POLICE DEPARTMENT. Recommendation: Receive staff report and adopt the resolution as submitted. 10. CODE ENFORCEMENT UPDATE BY THE LOS BANOS POLICE DEPARTMENT Recommendation: Receive staff report. No action required, informational item only. 11. CONSIDERATION OF INSERTING FLYERS (ENGLISH & SPANISH) IN THE CITY'S UTILITY BILLS TO INFORM CITIZENS OF THE NEWLY PASSED ORDINANCE REGARDING GARAGE SALE REGISTRATIONS. (Continued from July 6, 2016 City Council Meetingl Recommendation: Direction from the City Council on how to proceed. 12. APPOINTMENT OF COMMISSION MEMBER - Tree Commission - One (1) Unexpired Term, Expiring December 31,2017. Recommendation: Appointment made by the Mayor with the consensus of the City Council. 13. ADVISEMENT OF PUBLIC NOTICES. (No Report) 14. CITY MANAGER REPORT 15. CITY COUNCIL MEMBER REPORTS . A. Scott Silveira Los Banos City Council Agenda - September 7, 20 16 Page 50f6 B. Elizabeth Stonegrove C. Tom Faria D. Deborah Lewis E. Mayor Mike Villalta 16. ADJOURNMENT. I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting . Dated this 1~ day of September 2016 Los Banos City Council Agenda September 7, 2016 Page 6016

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