City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES NOVEMBER 2, 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 7:00 PM. PLEDGE OF ALLEGIANCE: VFW Commander Michael Hughes led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: None. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Manager Terrazas, Police Chief Brizzee, City Treasurer/Accountant I Brazil, Fire Chief Marrison, Assistant Fire Chief Hurley, Senior Planner Elms, Public Works Director/City Engineer Fachin and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Silveira, seconded by Faria to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all City Council Members present. PRESENTATIONS VETERANS DAY PROCLAMATION. Mayor Villalta presented the proclamation to the veterans in attendance at the meeting in honor of all veterans. VFW Commander Michael Hughes spoke regarding the Veterans Day Parade on November 5, 2016, the upcoming Flag Raising Ceremonies at local schools and invited all to attend, and invited all to the luncheon on November 10, 2016 in honor of all the veterans in Los Banos. DONATION BY THE LOS BANOS FIREFIGHTERS ASSOCIATION TO PINK HEALS – CANCER AWARENESS FUNDRAISER. Josh Houtekamer, Daniel Freeman and Lupe Castillo, representing the Los Banos Firefighters Association, spoke regarding their fundraiser efforts for cancer awareness and how this is their 3rd year and this year they honored Wayne Pricolo a retired Los Banos Fire Captain, spoke the funds they raised, thanking the community and Mary Lou Gilardi and Rachelle McCarthy for all they did helping coordinate with Fresno Pink Heals on the fundraiser. 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. BERTHA FARIA, Los Banos Chamber of Commerce, spoke regarding the beautiful dedication of the most recent mural, Veterans Day Parade and events following, free Concert by the SJSU Choir, Evening of Elegance fundraiser for Memorial Hospital Los Banos, holiday greenery fundraiser, Los Banos Soroptimist gift card fundraiser, Los Banos Kiwanis Marie Calendar Pie Sale Fundraiser, LB Chamber has applications for the downtown Christmas parade, and all these events and others are listed on the Chamber Community Calendar. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Faria, seconded by Silveira to approve the consent agenda as follows: Check Register for #201380 – #201644 in the Amount of $2,857,649.32; Minutes for the September 21, 2016 City Council Meeting; Minutes for the October 19, 2016 City Council Meeting; City Council Resolution No. 5799 – Approving an Updated Memorandum of Understanding with the Los Banos Police Dispatchers/Community Services Officers Association Regarding Reporting the Monetary Value of Uniform Expenses; City Council Resolution No. 5800 – Approving the Coach Vincent Ventura Murillo Memorial, with an Engraved Bench, be Placed a Colorado Ball Park; City Council Resolution No. 5801 – Approving the Elena Talbott Memorial Rock, with Existing Brass Plaque, be Placed at Elena Talbott Park. The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDER FINAL DEVELOPMENT PLAN #2016-03 AND DEVELOPMENT AGREEMENT CONSISTENT WITH THE STONECREEK ENVIRONMENTAL IMPACT REPORT. THE PROPOSED PROPERTY CONSISTS OF THE SUBDIVISION OF APPROXIMATELY 18.6 ACRES INTO 71 SINGLE-FAMILY RESIDENTIAL LOTS. THE FINAL DEVELOPMENT PLAN CONSISTS OF SITE DESIGN AND CONCEPTUAL ARCHITECTURE TO IMPLEMENT THE PLANNED DEVELOPMENT ZONING. THE PROJECT SITE IS LOCATED AT THE NORTHWEST CORNER OF ORTIGALITA ROAD AND PIONEER ROAD, ASSESSOR’S PARCEL NUMBER 430-060-020; CITY COUNCIL RESOLUTION NO. 5802 – APPROVING FINAL DEVELOPMENT PLAN #2016-03 FOR THE VILLAGES AT STONECREEK IX; ORDINANCE NO. 1148 – APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND ANDERSON HOMES, A CALIFORNIA CORPORATION FOR DEVELOPMENT OF APPROXIMATELY 18.64 ACRES LOCATED AT THE NORTHWEST CORNER OF ORTIGALITA AND PIONEER ROADS, MORE SPECIFICALLY INDENTIFIED AS ASSESSOR’S PARCEL NUMBER 430-060-020 (VILLAGES AT STONECREEK IX) (FIRST READING & INTRODUCTION). Senior Planner Elms presented the staff, which included a power point presentation. There was Council Member and staff discussion regarding the size of the masonry wall being 6 feet and wanting it to be 8 feet; RAY DESA, Stonecreek Properties, stated that they are okay with the 8 feet wall and that would not be an issue for them. Mayor Villalta opened the public hearing. KATHY BALLARD, Los Banos, inquired as to who would be responsible for maintain the 6 foot privacy masonry wall the City or the property owner, if it’s the property owner she would like to talk to them about painting a mural on the walls; Mayor Villalta spoke to how the City will be meeting in the future with stakeholders regarding a Mural Policy for the City. There was Council Member and staff discussion regarding how far out do you think this piece would be developed for which Mr. DeSa stated estimated fir 2018, 2020 and will start from the north, as they want larger lots mixed in with the smaller lots for diversity for the different consumers. Motion by Lewis, seconded by Faria to adopt City Council Resolution No. 5802 – Approving Final Development Plan #2016-03 for the Villages at Stonecreek IX. The motion carried by the affirmative action of all City Council Members present. Motion by Lewis, seconded by Faria to waive the first reading of Ordinance No. 1148 – Approving a Development Agreement between the City of Los Banos and Anderson Homes, a California Corporation for Development of Approximately 18.64 Acres Located at the Northwest Corner of Ortigalita and Pioneer Roads, More Specifically Indentified as Assessor’s Parcel Number 430-060-020 (Villages at Stonecreek IX). The motion carried by the affirmative action of all City Council Members present. Motion by Lewis, seconded by Faria to introduce Ordinance No. 1148 – Approving a Development Agreement between the City of Los Banos and Anderson Homes, a California Corporation for Development of Approximately 18.64 Acres Located at the Northwest Corner of Ortigalita and Pioneer Roads, More Specifically Indentified as Assessor’s Parcel Number 430-060-020 (Villages at Stonecreek IX). The motion carried by the following roll call vote: AYES: Faria, Lewis, Silviera, Stonegrove, Villalta; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDER AMENDMENTS TO THE CITY FIRE PREVENTION CODE ORDINANCE TO ADOPT BY REFERENCE THE CALIFORNIA FIRE CODE 2016 EDITION AND LOCAL AMENDMENTS THERETO; ORDINANCE NO. 1149 – ADOPTING BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA FIRE CODE BY AMENDMENT TO TITLE 4 CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE AND ADOPTION OF LOCAL AMENDMENTS THERETO (FIRST READING & INTRODUCTION). Assistant Fire Chief Hurley presented the staff report. Mayor Villalta opened the public hearing. No one came forward and the public hearing was closed. Motion by Silveira, seconded by Faria to waive the first reading of Ordinance 1149 – Adopting by Reference the 2016 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto. The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to introduce Ordinance No. 1149 – Adopting by Reference the 2016 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silviera, Stonegrove, Villalta; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDER AMENDMENTS TO THE CITY BUILDING CODE ORDINANCE TO ADOPT BY REFERENCE THE CALIFORNIA BUILDING CODE 2016 EDITION AND RELATED 2016 EDITION CODES; ORDINANCE NO. 1150 – ADOPTING BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2016 EDITION OF THE CALIFORNIA ENERGY CODE, THE 2016 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2016 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, THE 2016 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2016 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2016 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE, THE 2016 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2016 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2016 OF THE CALIFORNIA RESIDENTIAL CODE, THE 2016 EDITION OF THE CALIFORNIA PLUMBING CODE; BY AMENDMENT TO TITLE 8 CHAPTER 1 OF THE LOS BANOS MUNICIPAL CODE (FIRST READING & INTRODUCTION). Assistant Fire Chief Hurley presented the staff report. There was Council Member and staff discussion regarding what happens if we didn’t adopt this. 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 waive the first reading of Ordinance No. 1150 – Adopting by Reference the 2016 Edition of the California Building Code, the 2016 Edition of the California Energy Code, the 2016 Edition of the California Historical Building Code, the 2016 Edition of the California Referenced Standards Code, the 2016 Edition of the California Electrical Code, the 2016 Edition of the California Mechanical Code, the 2016 Edition of the California Administrative Code, the 2016 Edition of the California Existing Building Code, the 2016 Edition of the California Green Building Standards Code, the 2016 of the California Residential Code, the 2016 Edition of the California Plumbing Code; by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. The motion carried by the affirmative action of all City Council Members present. Motion by Faria, seconded by Silveira to introduce Ordinance No. 1150 – Adopting by Reference the 2016 Edition of the California Building Code, the 2016 Edition of the California Energy Code, the 2016 Edition of the California Historical Building Code, the 2016 Edition of the California Referenced Standards Code, the 2016 Edition of the California Electrical Code, the 2016 Edition of the California Mechanical Code, the 2016 Edition of the California Administrative Code, the 2016 Edition of the California Existing Building Code, the 2016 Edition of the California Green Building Standards Code, the 2016 of the California Residential Code, the 2016 Edition of the California Plumbing Code; by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silviera, Stonegrove, Villalta; NOES: None; ABSENT: None. ADVISEMENT OF PUBLIC NOTICES (Three Reports). Senior Planner Elms stated that there will be three public hearings held at the November 9, 2016 Planning Commission Meeting: to consider the San Luis Estates Mitigated Negative Declaration (SCH #2016101002) and associated Vesting Tentative Tract Map #2015-03 for property located on the south side of San Luis Street between Jeffrey Road and Miller Lane, APN 428-121-012; to consider Site Plan Review #2016-11 and CEQA Exemption for the addition of a new 55,180 sq. foot warehouse building for Kagome, Inc. located at 333 Johnson Road, APN 081-110-005; and to consider and make a recommendation to the Los Banos City Council to amend Article 35, of Title 9, Chapter 3 of the Los Banos Municipal Code to regulate the personal, medical, and commercial use of marijuana in the City of Los Banos. CITY MANAGER REPORT. City Manager Terrazas stated that there are a couple workshop type meetings coming up: Police Department Animal Control Ordinance meeting and Special Events Stakeholders meeting, reminded that the City Council will also be hosting the City’s Holiday Open House on December 7, 2016 at 6:00 PM prior to the Council Meeting. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Wanted to reiterate a little bit about the Buffalo Soldiers Mural Event that was held this past weekend, thanked Geneva Brett for all she did, spoke to their history in the Los Banos area, thanked Fire Chief Marrison for coming out to this event and encouraged all to go look at the mural that was put up in their honor, spoke regarding the Concert the San Jose State University Choir will be putting on November 5, 2016 at New Beginnings Church that is free to the community and invited all to come and enjoy, thanked the Fire Department for the Pink Heals fundraiser and especially how it will help a local cancer patient, thanked the Traffic Safety Committee for approving the installation of the stop sign at Cardoza and West I Streets as the neighborhood is very happy. SCOTT SILVEIRA: Spoke to the great service the Veteran Groups provide to the community and thanked them for all they do, stated that he’s not sure when the election count will be certified but he wanted to thank Ms. Stonegrove for being a good colleague and how she has helped him grow as a council member by listening to her perspective on issues, and wished her luck with your little one and future endeavors. ELIZABETH STONEGROVE: Wanted to take this opportunity to thank the community for the opportunity to serve as a City Council Member for the City that I love, I hope that I lived up to the expectations, when I first took office it was a great responsibility that I haven’t taken lightly, thanked the community and her colleagues as she has learned a lot, the most rewarding part is the wonderful people in the community I have been able to meet if I hadn’t served otherwise, at the top o the list is City staff and thanked them and her colleagues for the last 8 years. TOM FARIA: Stated that they will miss Ms. Stonegrove and wished her the best, thanked the veterans for their service in the present, past and future, thanked the Fire Department for their fundraising efforts for cancer and the special touch in tribute to Wayne Pricolo was very touching, spoke regarding the San Jose State University choir is coming to town being sponsored by Council Member Lewis and spoke in more detail to the performances they provide, the upcoming Veterans Day Parade and all the events going on that day, inquired as to donating a park and if there was a policy in place for which Public Works Director/City Engineer Fachin stated that donations can be sent to Public Works but there is a process in place for memorials. Council Member Silveira reminded all how important it is to vote on November 8 election. MAYOR MICHAEL VILLALTA: Spoke regarding the mural conception by Geneva Brett and Kelly Bretz and how wonderful it is and a very touching ceremony, noting Phil Coleman who passed away with cancer recently and was a buffalo soldier, the Veterans Day Parade on November 5, 2016 with lunch to follow at the VFW Hall, the San Jose State University Choir concert, thanked the Fire Department for the Pink Heals Cancer Fundraiser and their efforts, the stop sign on West I Street has been asked for years for many years, how stop signs cannot just be put up because a Council Member wants one and explained the process that a stop sign request goes through at the Traffic Safety Committee Meeting. ADJOURNMENT. The meeting was adjourned at 8:10 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk