City Council Meeting
Regular MeetingLos Banos, CA · May 17, 2017
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MAY 17, 2017
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 7:02 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, Daronica Johnson-Santos, Deborah Lewis, Scott Silveira, Mayor Michael
Villalta; Absent: None.
STAFF MEMBERS PRESENT: City Manager Terrazas, City Attorney Vaughn, City
Clerk/Human Resources Director Mallonee, Police Chief Brizzee, City
Treasurer/Accountant II Tomas, Finance Director Williams, Assistant Fire Chief Hurley,
Public Works Director/City Engineer Fachin and Information Technology Director
Spalding.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, 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; Absent: None.
PRESENTATIONS
PROCLAMATION RECOGNIZING ERIN DEGOUGH FOR THE EXCELLENCE IN
TEACHING AWARD. Mayor Villalta presented the proclamation to Erin DeGough and
thanked her for all she does and how thankful he is that she chose a Los Banos school
as her first teaching job and hopes she stays for many years to come.
CERTIFICATE OF RECOGNITION FOR CARLOS MENDEZ FOR THE GOLD MEDAL
IN THE MERCED COUNTY OFFICE OF EDUCATION WRITING CONTEST. Mayor
Villalta presented the certificate to Carlos Mendez and asked him to explain what his
narrative was about. Mayor Villalta congratulated him on his achievement and
encouraged him to keep on writing.
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. RICK
TOSCANO, Los Banos, Chairman of the American Legion Boys State Committee,
spoke regarding the program and how it is run out of each state and ours is ran out of
Sacramento, once a year for a week in June a selected few candidates from each high
school is selected and they are sent to Sacramento State and they live in the dorms,
they form individual governments and learn the rights, responsibilities, and privileges of
being voting American citizens, introduced Alan Cotta who is the Commander of the
American Legion and Mike Hughes who is the Commander of the VFW (Veterans of
Foreign War), the selected students are Rafael Chavez-Flores from Los Banos High
School, Rodolfo Rivera from Pacheco High School, and alternate Kevin Rubio from
Pacheco High School, he is very proud to have these young men represent their Post
and our City; SALLY HUGHES, Los Banos, American Legion Auxiliary Unit 166, here to
introduce their girl State delegates, spoke regarding the program the American Legion
Auxiliary Girls State, Mary Bosch and Sherry Valentine introduced the Los Banos High
School selected students being Moncey Patel, with Sofia Castro and Kayley Benedict
being the two alternates who were not present, the students from Pacheco High School
are Jaira Mendoza, the first alternate is Chelsea Cano and the second alternate is
Samara Palominos; MAYOR VILLALTA states that it takes many adults to make
programs like this possible so that the young people are able to prosper, thanked the
students for their participation and thanked the American Legion for all that they do to
make this happen each year with their sponsorships; BERTH FARIA, Los Banos
Chamber of Commerce, spoke regarding the Annual Street Faire and how the weather
could not have been more perfect, spoke about the large numbers of people that came,
all the vendors that participated and the unveiling of the new mural by Anne Whitehurst,
spoke regarding the success of the Chamber of Commerce beer booth at the May Day
Fair and gave extra thanks to John Cates and Tony Whitehurst, there are three new
Chamber Members: Valentine’s Music School, Uber Lyft - Steven Hill, and Craig &
Craig Security, the monthly Golden Agers’ Dinner is on May 18, 2017, it is a barbecue
chicken dinner put on by Larry Carmo and crew and will be at 6:30 p.m. at the Los
Banos Community Center, on Saturday May, 20, 2017 there will be an event at the
Quinta Fay Hacienda in Gustine put on by the Los Banos Arts Council for a tour of the
home and gardens, there will be hors d’ oeuvres and wine pairings along with an art
show put on by Richard Freitas from 1:00 p.m. – 4:00 p.m., tickets are available from
Arts Council members for $75, on Sunday May 21, 2017 the Los Banos Basque Festival
will celebrate 53 years, admission is free, Basque mass begins at 10:00 a.m. in the
O’Banion building followed by a barbecue lamb lunch from 12:30 p.m. – 2:00 p.m.,
lunch is $22 per plate and $12 for children under twelve (12), there will be
performances, vendors, and dancing, the May Chamber Mixer will be hosted by the
Merced School Employees Federal Credit Union (MSEFCU) on May 25, 2017, Farm to
Plaza Tuesdays begin on June 6, 2017, hopes the community will come out and enjoy
the vendors, the farmers market and the entertainment from 4:30 p.m. – 9:00 p.m. every
Tuesday at the Henry Miller Plaza. No one else came forward to speak and the public
forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis,
seconded by Silveira to approve the consent agenda as follows: Check Register for
#204424 – #204890 in the Amount of $1,689,890.38; Minutes for the April 5, 2017 City
Council Meeting; Minutes for the April 19, 2017 City Council Meeting; City Council
Resolution No. 5859 – Authorizing the City Manager to Sign a Memorandum of
Understanding with the Merced County Office of Education for School Resource
Services for the 2017-2018 School Year. The motion carried by the affirmative of all
Council Members present.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
APPROVAL OF GENERAL PLAN AMENDMENT #2016-02, ZONE CHANGE #2016-
02, AND MITIGATED NEGATIVE DECLARATION (MND) (SCH#2017021033). THE
PROJECT PROPOSAL IS FOR THE GENERAL PLAN AMENDMENT AND REZONE
OF SEVEN (7) PARCELS CURRENTLY DESIGNATED PROFESSIONAL OFFICE (P-
O) INTO MEDIUM DENSITY RESIDENTIAL (R-2) ON 1.2 ACRES AND TO
SUBDIVIDE SEVEN (7) EXISTING PARCELS INTO ELEVEN (11) PARCELS FOR
THE DEVELOPMENT OF 11 DETACHED SINGLE-FAMILY RESIDENTIAL UNITS.
THE PROJECT SITE IS LOCATED ON THE EAST SIDE OF DELAWARE AVENUE
BETWEEN PINE STREET AND MADRONE STREET, MORE SPECIFICALLY
IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS: 027-214-001, -002, -003, -004, -
005, -006, AND -007 [SUNSET HILLS DEVELOPMENT]; CITY COUNCIL
RESOLUTION NO. 5856 – APPROVING MITIGATED NEGATIVE DECLARATION
(SCH#20170210033) AND MITIGATION MONITORING/REPORTING PLAN FOR
SUNSET HILLS DEVELOPMENT LOCATED ON THE EAST SIDE OF DELAWARE
AVENUE BETWEEN PINE STREET AND MADRONE STREET, MORE
SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 027-214-001, -
002, -003, -004, -005, -006, AND -007; CITY COUNCIL RESOLUTION NO. 5857 –
APPROVING GENERAL PLAN AMENDMENT #2016-02 TO REDESIGNATE
PROPERTIES IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 027-214-001, -
002, -003, -004, -005, -006, AND -007 FROM PROFESSIONAL OFFICE TO MEDIUM
DENSITY RESIDENTIAL; ORDINANCE NO. 1154 – AMENDING THE OFFICIAL
ZONING MAP BY REZONING PROPERTY LOCATED ON ASSESSOR’S PARCEL
NUMBERS 027-214-001, -002, -003, -004, -005, -006, AND -007 FROM
PROFESSIONAL OFFICE (P-O) TO MEDIUM DENSITY RESIDENTIAL (R-2) (FIRST
READING & INTRODUCTION) (CONTINUED FROM APRIL 19, 2017 CITY COUNCIL
MEETING). Mayor Villalta excused himself from this item, as he owns property within
500 feet of the agenda item up for discussion. City Attorney Vaughn also excused
himself as he has represented the applicant for this agenda item on several matters
within the last twelve (12) months. It was noted that Mayor Pro Tem Silveira will be
reading and running this item as the Mayor abstains. Mayor Villalta and City Attorney
Vaughn left their seats at the dais and the Council Chambers.
Community & Economic Development Director Elms stated that the applicant is
requesting that this item be continued to June 7, 2017.
Motion by Faria, seconded by Johnson-Santos to continue this item to the June 7, 2017
Council Meeting. The motion carried by the affirmative action of all Council Members
present; Villalta abstained.
Mayor Villalta and City Attorney Vaughn returned to the Council Chambers and took
their seat at the dais.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
FINAL DEVELOPMENT PLAN #2017-01 AND ASSOCIATED DEVELOPMENT
AGREEMENT, CONSISTENT WITH THE STONECREEK ENVIRONMENTAL IMPACT
REPORT (EIR). THE PROPOSED PROJECT CONSISTS OF THE SUBDIVISION OF
APPROXIMATELY 75.3 ACRES INTO 343 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 NORTH OF PIONEER ROAD, WEST
OF BADGER FLAT ROAD, SOUTH OF THE VILLAGES AT STONECREEK IV,
PHASE 1B, AND EAST OF THE CITY LIMIT LINE; MORE SPECIFICALLY
IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS: 430-060-008, 430-060-016, 430-
060-017, AND 430-060-018 [DOVE HOLLOW VILLAGES AT STONECREEK VII];
ORDINANCE NO. 1155 – APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF LOS BANOS AND ANDERSON HOMES, A CALIFORNIA
CORPORATION FOR DEVELOPMENT OF APPROXIMATELY 80.4 ACRES
GENERALLY LOCATED ON THE SOUTH OF THE FUTURE CARDOZA ROAD
EXTENSION, WEST OF THE FUTURE BADGER FLAT ROAD EXTENSION AND
NORTH OF PIONEER ROAD MORE SPECIFICALLY IDENTIFIED AS ASSESSOR’S
PARCEL NUMBERS: 430-060-008, 430-060-016, 430-060-017, AND 430-060-018
[DOVE HOLLOW STONECREEK VII] (SECOND READING & ADOPTION).
Community & Economic Development Director Elms presented the staff report which
included a PowerPoint presentation.
Council Member Faria inquired as to any other fees besides property tax and CFDs
(Community Facilities District) coming from this project for which Community &
Economic Development Director Elms stated each project pays impact fees and that the
CFDs are a part of the property tax fees that are paid annually that go towards the
impact and need for public safety personnel.
Mayor Villalta opened the public hearing. No one came forward to speak and the public
hearing was closed.
Mayor Pro Tem Silveira asked where it states the condition of approval for the Soares’
dairy for which Community & Economic Development Director Elms stated it was in the
final development plan conditions of approval that was adopted on April 19, 2017. City
Attorney Vaughn explained that it will show up in the final development plan agreement.
Motion by Silveira, seconded by Johnson-Santos to waive the second reading of
Ordinance No. 1155 – Approving a Development Agreement between the City of Los
Banos and Anderson Homes, a California Corporation for Development of
Approximately 80.4 Acres Generally Located on the South of the Future Cardoza Road
Extension, West of the Future Badger Flat Road Extension and North of Pioneer Road
More Specifically Identified as Assessor’s Parcel Numbers: 430-060-008, 430-060-016,
430-060-017, and 430-060-018 [Dove Hollow Stonecreek VII]. The motion carried by
the affirmative action of all Council Members present.
Motion by Silveira, seconded by Johnson-Santos to adopt Ordinance No. 1155 –
Approving a Development Agreement between the City of Los Banos and Anderson
Homes, a California Corporation for Development of Approximately 80.4 Acres
Generally Located on the South of the Future Cardoza Road Extension, West of the
Future Badger Flat Road Extension and North of Pioneer Road More Specifically
Identified as Assessor’s Parcel Numbers: 430-060-008, 430-060-016, 430-060-017, and
430-060-018 [Dove Hollow Stonecreek VII]. The motion carried by the following roll call
vote: AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None; ABSENT:
None.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
PROPOSED REVISION TO THE WATER EFFICIENT LANDSCAPE ORDINANCE
(WELO). City Attorney Vaughn presented the staff report, which included a PowerPoint
presentation.
Mayor Villalta asked how the water usage will be tracked and whether a separate meter
will be required for which City Attorney Vaughn stated that the landscape design will
need to be approved by Public Works and that the design will have to meet all the
technical requirements of the model. The type of plants and how much water is required
will be analyzed and will determine whether the water budget will be met. Mayor
Villalta asked if one would be required to notify the City if they reseed their lawn or
something to that effect so that they wouldn’t be fined for extra watering for which City
Attorney Vaughn stated there would be a few ways a new yard would come to the
attention of the City whether it be through a permitting process or just the observation of
Public Works employees. Public Works Director/City Engineer Fachin explained that
there were funds put aside for landscaping of new homes but then it was dying due to
the watering restrictions, therefore new landscaping is allowed to be watered every day.
Licensed landscapers will be made aware of this as well. Mayor Villalta noted how he
doesn’t want people calling and wondering why they got fined if they meet these
conditions.
Council Member Lewis was under the impression that if someone has 500 square feet
or less of landscaping, then the watering schedule doesn’t apply to them for which City
Attorney Vaughn stated that was incorrect and that the WELO (Water Efficient
Landscape Ordinance) states that if there is 500 square feet or more of new
landscaping or redone landscaping then the watering schedule doesn’t apply but all of
the other requirements must still be met. Even if someone has a landscaping area
below 500 square feet, they must still follow the watering schedule. Council Member
Lewis inquired as to what the City’s watering schedule was based off on in the past
because she has done research on other cities in California and some cities were
allowing watering to be done three (3) times a week as opposed to two (2). What she
has noticed is that enforcing watering to be done only twice a week has caused people
to either neglect their yards or give up all together because it was the easy way out. She
believes a balance needs to be found to still conserve water but also allow people to
water their yards and maintain the integrity of the City. City Attorney Vaughn and Public
Works Director/City Engineer Fachin both confirmed that for a long time, at least the last
twenty (20) years the watering schedule has been three (3) days a week and then went
down to two (2) because of the drought. Public Works Director/City Engineer Fachin
explained that the State has lifted the enforcements in regards to watering as the
drought crisis has improved but says that conserving water should be a way of life.
There are a handful of surrounding cities that are sticking to the two(2)-day per week
watering restrictions. There are goals that must be met under the Urban Water
Management Planning Act and if the watering schedule is increased to three (3) days a
week, the City may not reach its goal. Council Member Lewis explained that if people
water multiple times during their allotted two (2) days of water, they could be using just
as much if not more than what would be used on a three (3)-day watering schedule.
Public Works Director/City Engineer Fachin said that if someone waters multiple times
a day on their designated days, it will be obvious as there will eventually be overflow
going onto the sidewalk and into the gutters. The City is giving warnings now as there
have been changes to the water crisis in the State but will continue to give citations after
a few warnings. Council Member Lewis wanted to comment that she understands the
water crisis in the State and that it has come down quite heavily on the communities
statewide. She believes it would be beneficial to educate the community on how to
preserve what landscaping they do have. Landscaping such as grass and trees play an
important role in battling pollution, so it is important to educate the community on
preservation.
Mayor Villalta opened the public hearing. KATHY BALLARD, Los Banos, inquired as to
commercial landscaping and if you pull a permit, is your whole lot required to meet up to
date standards, she recently pulled a sign permit and wanted to know if she had don’t
that today, would she be required to update her landscaping, for which City Attorney
Vaughn explained that the landscape requirement would be triggered by a design
review permit. No one else came forward to speak and the public hearing was closed.
Mayor Pro Tem Silveira echoed Council Member Lewis’ comment that this is a State
mandate and that the City is just implementing it into a cleaner system. He originally
asked for this item to be brought forward and would ask staff to reach out to developers
and have them offer turf, artificial lawn, or a completely drought tolerant landscape as
an option to homebuyers; City Attorney Vaughn clarified that the only thing you cannot
do is ‘hardscape’ the entire front yard meaning you cannot just put concrete in the entire
front yard. However, if it is a desert-type landscape with all drought-tolerant plants, it will
satisfy all the conditions required. There is nothing in the municipal code stating that a
residence must have lawn or a certain look to the landscaping.
Public Works Director/City Engineer Fachin wanted to reiterate that the watering
schedule is the City’s mandate and not a State mandate and that there has never been
a three(3)-day-per-week watering schedule while the City was practicing waste
consciousness. He can’t be sure whether the City can/will make the goal in 2020 until
he starts to see some numbers coming in.
Mayor Pro Tem Silveira stated there are some cities who are requiring new
development to add artificial turf, but he isn’t quite ready for it to be a requirement but
would like to see it as an option. He asked for clarification regarding the soils
management report and that it is just for new projects, not existing projects that are
being redone for which Public Works Director/City Engineer Fachin confirmed that is
correct as it would be way too expensive to expect people to get this done.
Council Member Faria asked if the City went to three days a week watering, if the
numbers would be met for the Urban Water Management goal for which Public Works
Director/City Engineer Fachin explained it would be close but everything is becoming so
efficient and the new developments are under such strict restrictions that there is still a
lot of water saving going on. He further believes that the City needs to become greener
as well as the parks.
There was Council Member and staff discussion about making an amendment to the
ordinance to allow a three (3)-day-per-week watering schedule which would be
Tuesday, Thursday, and Saturday for odd numbered addresses and Wednesday,
Friday, Sunday for even numbered houses. The before 11:00 a.m. and after 7:00 p.m.
hours would still apply for all days.
Motion by Lewis, seconded by Silveira to waive the first reading of Ordinance No. 1156
– Amending and Renumbering Chapter 2 of Title 10, of the Los Banos Municipal Code
“City of Los Banos Water Efficient Landscape Ordinance” in its Entirety including the
new watering schedule being before 11:00 am and after 7:00 p.m. on Tuesday,
Thursday, Saturday for odd numbered homes and Wednesday, Friday, Sunday for even
numbered homes and no watering on Monday. The motion carried by the affirmative
action of all Council Members present.
Motion by Lewis, seconded by Silveira to introduce Ordinance No. 1156 – Amending
and Renumbering Chapter 2 of Title 10, of the Los Banos Municipal Code “City of Los
Banos Water Efficient Landscape Ordinance” in its Entirety including the new watering
schedule being before 11:00 a.m. and after 7:00 p.m. on Tuesday, Thursday, Saturday
for odd numbered homes and Wednesday, Friday, and Sunday for even numbered
homes and no watering on Monday. The motion carried by the following roll call vote:
AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None; ABSENT: None.
CONSIDERATION OF COUNCIL MEMBER REQUEST REGARDIGN TEMPORARY
SIGNAGE FOR CAR DEALERSHIPS [SILVEIRA]. Mayor Pro Tem Silveira stated that
this issue was brought to his attention when the new car dealership came into town and
asked for signs for their lot but was told it was against the sign ordinance. They then
inquired as to why the other dealerships were allowed to have them. This is what
triggered him to bring this item back. These dealerships in town are one of the largest
tax generators for the City and advertising plays a big role in their sales. He doesn’t
want the City to look too gaudy with a bunch of signs but believes there should be an
exception for certain circumstances. He would like to see something written into the
ordinance where a certain amount of signs are allowed per a certain amount of cars on
the lot and that the Community & Economic Development Director would have some
leeway approving certain types of signs.
Council Member Faria agrees that the subject should be reexamined but doesn’t feel
like the number of signs allowed should be based off of how many cars are in the lot.
The smaller dealerships should have the same opportunities as the big dealerships. The
‘snow cone’ signs are okay with him but feels the ‘banana flags’ are the ones that could
become an issue as they get worn and ugly.
Council Member Lewis asked if since the target for this subject is dealerships, are we
opening up Pandora’s box to other types of businesses who may eventually ask for
these ‘snow cone’ signs or just signage in general for which City Attorney Vaughn said it
would have to be researched to see if maybe a separate set of guidelines would be
established for different types of businesses. He didn’t have a definite answer right then
and would need to look into the matter further.
Mayor Villalta asked if then the whole ordinance would need to be relooked at if car
dealerships wouldn’t be the only type of business in discussion for which City Attorney
Vaughn stated it would depend on how you word the assignment to staff. Mayor Villalta
prefers to look at the ordinance as a whole so that everyone is dealt with fairly. He
doesn’t want to have to go through this again and would rather reexamine the ordinance
as a whole not in part.
Council Member Lewis spoke to how she noticed some banana flags flying over the
tops of businesses and believes that is over the top for the City and how dealerships in
other cities have a “cleaner” way of advertising but are also in newer infrastructure. She
would like the boulevard to maintain a nice and neat look but right now she sees things
that are not pleasant to look at.
There was Council Member and staff discussion on how to proceed and what topics in
the ordinance to focus on such as temporary signage, different types of signage in
different zones etc. City Attorney Vaughn agrees with Council and staff that it is a good
idea to relook at this ordinance and address the different areas of the ordinance that
staff spoke of.
Mayor Pro Tem Silveira believes that if the whole ordinance is looked at, then that is
definitely opening up Pandora’s box and thinks it’s better to just target the temporary
signage portion of the ordinance. He asked Community & Economic Development
Director Elms if she saw a problem with the sign ordinance for which she stated that
majority of the complaints she gets is regarding temporary signage. Conditional use
permits that go through the Planning Commission allows them to analyze and decide
things on a case-by-case basis. If ‘banana flags’ were to become a part of permanent
signage it would have to go through that process for a conditional use permit.
City Attorney Vaughn reminded business owners that they could use certain signage
four (4) times per year for a certain period of time to draw attention to their business.
Mayor Villalta added that maybe some of these periods of time need to be extended for
longer periods of time. Mayor Pro Tem Silveira added that that is part of the problem
that some of the signage that’s allowed four (4) times per year shouldn’t be allowed at
all.
Council Member Lewis asked if the businesses in a plaza are required to use their
designated spot on a monument or free-standing sign for their business for which
Community & Economic Development Director Elms stated that there is certain criteria
for different plazas but if there is a master signage agreement, then yes they must use
that designated spot for advertising. Council Member Lewis noted a particular
‘monumental’ sign that’s been grandfathered in town that blocks the line of sight for
traffic and would like to see some sort of remedy for these types of situations.
There was Council Member and staff discussion pertaining to possibly having some
public outreach to the merchants in town to hear what it is they have in mind for signage
and what their needs are. Mayor Pro Tem Silveira noted that the City has done that
before and that is how we ended up with the banana flags and things could get a little
crazy inviting all the businesses in town to give their input.
City Manager Terrazas spoke to the fact that reexamining the entire sign ordinance
would be a significant undertaking and he wanted to make Council aware of that. Mayor
Pro Tem Silveira wants an exact date of when this topic will be brought back. City
Manager Terrazas suggested to come back to Council with an outline and a proposal to
do that and then at that time an exact date of when it will be brought back could be
determined. Community & Economic Development Director Elms stated she can come
up with an outline to present at the Council meeting on July 19, 2017.
Motion by Silveira, seconded by Faria to allow staff to research the temporary signage
ordinance and to bring back an update no later than the July 19, 2017 City Council
Meeting. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES (Two Reports). Community & Economic
Development Director Elms stated the Planning Commission will hold two public
hearings on May 24, 2017. The first one is for a site plan review for the Burger King re-
model and expansion. The second one is for the Special Event Ordinance amendment
regarding waivers or partial waivers for departmental service charges for special events.
CITY MANAGER REPORT. City Manger Terrazas spoke to the Public Works sign
hanging in the City Hall lobby recognizing the City for conserving 1.4 billion gallons of
water over the last three years and what a big accomplishment that is.
CITY COUNCIL MEMBER REPORTS.
DARONICA JOHNSON-SANTOS: Thanked the VFW and the American Legion for
having her at one of their meetings regarding the Veterans Day Parade, fundraising
tickets for the parade are available for the drawing that will take place on June 30, 2017,
it is for a shopping spree at Savemart’s new location.
DEBORAH LEWIS: Thanked the City of Los Banos for allowing her to attend and be a
representative for the City at One Voice in Washington DC, it was nice to see how
communities approached their elected officials regarding grants/loans they would be
able to apply for, would like to remind the community that there is a grand opening for
Savemart on May 24, 2017 and is excited to see the new facility, there will be a
celebration at the National Cemetery for Memorial Day on May 28, 2017 beginning at
10:00 a.m. and there will be another event at the local cemetery on May 29, 2017
beginning at 9:30 a.m.
SCOTT SILVEIRA: Stated that Savemart is having their soft opening on Monday, May
22, 2017 and their grand opening will be on Wednesday, May 24, 2017, it’s a very nice
store and the remodel was beautifully done, hopes someone comes to town and does
something with the old Savemart building so there won’t be another empty building, the
May Day Fair was as typical as any other year, the weather was all over the place as it
normally is, spoke about the presale tickets for entry and the unlimited ride wristbands
and encouraged people to take advantage of the presale prices, thanked the Los Banos
Police Department, the Merced County Sheriff’s Department and the other agencies
who patrolled the fair, there were no major incidents to report, overall it was a great May
Day fair, the years keep on flying by faster and faster, thanked all the citizens for
coming out for a ‘staycation’ and spending their money locally.
TOM FARIA: Stated that Memorial Day is coming up and wants everyone to remember
the meaning of the holiday which is to honor those who died while serving the country,
spoke to the Memorial Day events Council Member Lewis spoke of, it’s a great
opportunity to honor those who have given their lives, graduation is coming up soon,
there’s lots of activities going on.
MAYOR MICHAEL VILLALTA: Noting to report.
CLOSED SESSION – CONFERENCE WITH REAL PROPERTY NEGOTIATORS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED
AT 1111 G STREET, LOS BANOS, CALIFORNIA, (APN 026-161-003, 026-161-008)
(PORTION), APPROXIMATELY 6.04 ACRES; CITY NEGOTIATORS: CITY
MANAGER TERRAZAS, CITY ATTORNEY VAUGHN, FINANCE DIRECTOR
WILLIAMS, POLICE CHIEF BRIZZEE; NEGOTIATING PARTIES: SAM WATSON;
UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No reportable
action.
ADJOURNMENT. The meeting was adjourned at 9:19 p.m.
APPROVED:
/s/ Michael Villalta__________
Michael Villalta, Mayor
ATTEST:
/s/ Lucille L. Mallonee______________
Lucille L. Mallonee, City Clerk
Agenda
LOS Banos
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MAY 17,2017
If you require special assistance to attend or participate in this meeting, please caJl 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 (ADA) of 1990.
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Sf requiere asistencia especial para alender 0 participar en esta junta por favor lIame a la oficina
de fa Secretaria de /a eludad al (209) 827 7000 a fo menos de 48 haras previas de la junta.
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La Guidad de Los Banos Gumple con Ja Acta de Americanos con Deshabilidad (ADA) 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 Half, 520 J Street, Los Banos, California
during normal business hours. fn addition, such writings and documents may be posted
on the City's website at www!osbanOS,orq.
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Cua/quier escritura 0 los documentos proporcionaron a una mayorla del Ayuntamiento respecto a cua/quier
articulo en este orden del dla sera hecho disponible para la
inspecci6n publica en fa reunion y en la oficina de fa Secretaria de fa ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es, Ademas, tales escrituras y los documentos
pueden ser anunciados en el website de la ciudad en www.!osbanos,orq.
1. CALL TO ORDER. 7:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Faria _ , Johnson-Santos _ , Lewis _ , Silveira _ , Villalta _
4. CONSIDERATION OF APPROVAL OF AGENDA
5. PRESENTATIONS.
Los Banos City Council Agenda - May 17, 2017 Page 10f4
A. Proclamation Recognizing Erin DeGough for the Excellence in Teaching
Award.
B. Certificate of Recognition for Carlos Mendez for the Gold Medal in the Merced
County Office of Education Writing Contest.
6. 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.)
7. 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 #204424 - #204890 in the Amount of $1 ,689,890.38.
Recommendation: Approve the check register as submitted.
B. Minutes for the April 5, 2017 City Council Meeting.
Recommendation: Accept the minutes as submitted.
C. Minutes for the April 19, 2017 City Council Meeting.
Recommendation: Accept the minutes as submitted.
D. City Council Resolution No. 5859 - Authorizing the City Manager to Sign a
Memorandum of Understanding with the Merced County Office of Education
for School Resource Services for the 2017-2018 School Year.
Recommendation: Adopt the resolution as submitted.
8. 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 Approval
of General Plan Amendment #2016-02, Zone Change #2016-02, and
Mitigated Negative Declaration (MND) (SCH#2017021033). The Project
Proposal is for the General Plan Amendment and Rezone of Seven (7)
Parcels Currently Designated Professional Office (P-O) into Medium Density
Residential (R-2) on 1.2 Acres and to Subdivide Seven (7) Existing Parcels
into Eleven (11) Parcels for the Development of 11 Detached Single-Family
Residential Units. The Project Site is Located on the East Side of Delaware
Avenue between Pine Street and Madrone Street, More Specifically Identified
as Assessor's Parcel Numbers: 027-214-001, -002, -003, -004, -005, -006,
and -007. [Sunset Hills Development]
(Continued from April 19, 2017 City Council Meeting)
Los Banos City Council Agenda May 17, 2017 Page 2 of 4
1) City Council Resolution No. 5856 - Approving Mitigated Negative
Declaration (SCH#20170210033) and Mitigation Monitoring/Reporting
Plan for Sunset Hills Development Located on the East Side of Delaware
Avenue between Pine Street and Madrone Street, More Specifically
Identified as Assessor's Parcel Numbers 027-214-001, -002, -003, -004,
-005, -006, and -007.
2) City Council Resolution No. 5857 - Approving General Plan Amendment
#2016-02 to Redesignate Properties Identified as Assessor's Parcel
Numbers 027-214-001, -002, -003, -004, -005, -006, and -007 from
Professional Office (P-O) to Medium Density Residential (R-2).
3) Ordinance No. 1154 - Amending the Official Zoning Map by Rezoning
Property Located on Assessor's Parcel Numbers 027-214-001, -002, -
003, -004, -005, -006, and -007 from Professional Office (P-O) to
Medium Density Residential (R-2). (First Reading & Introduction)
Recommendation: Receive staff report, open the public hearing, receive public
comment motion of intent to adopt the resolutions, waive the first reading and
introduce the ordinance.
B. Public Hearing - To Receive Public Comment and Consideration of Final
Development Plan #2017-01 and Associated Development Agreement,
Consistent with the Stonecreek Environmental Impact Report (EIR). The
Proposed Project Consists of the Subdivision of Approximately 75.3 Acres
into 343 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 North of Pioneer
Road, West of Badger Flat Road, South of the Villages at Stonecreek IV,
Phase 1B, and East of the City Limit Line; More Specifically Identified as
Assessor's Parcel Numbers: 430-060-008, 430-060-016, 430-060-017, and
430-060-018. [Dove Hollow Villages at Stonecreek VII]
1) Ordinance No. 1155 - Approving a Development Agreement between
the City of Los Banos and Anderson Homes, a California Corporation
for Development of Approximately 80.4 Acres Generally Located on the
South of the Future Cardoza Road Extension, West of the Future Badger
Flat Road Extension and North of Pioneer Road More Specifically
Identified as Assessor's Parcel Numbers: 430-060-008, 430-060-016,
430-060-017, and 430-060-018 [Dove Hollow Stonecreek VII]
(Second Reading & Adoption)
Recommendation: Receive staff report, open the public hearing, receive public comment
close the public hearing, waive the second reading and adopt the ordinance.
C. Public Hearing - To Receive Public Comment and Consideration of Proposed
Revisions to the Water Efficient Landscape Ordinance.
Los Banos City Council Agenda - May 17, 2017 Page 30f4
1) Ordinance No. 1156 - Amending and Renumbering Chapter 2 of Title
10, of the Los Banos Municipal Code "City of Los Banos Water Efficient
Landscape Ordinance" in its Entirety. (First Reading & Introduction)
Recommendation: Receive staff report, open the public hearing, receive public
comment, waive the first reading and introduce the ordinance.
9. CONSIDERATION OF COUNCIL MEMBER REQUEST REGARDING
TEMPORARY SIGNAGE FOR CAR DEALERSHIPS [SILVEIRA].
Recommendation: Receive staff report and direction from the City Council on how to proceed.
10. ADVISEMENT OF PUBLIC NOTICES. (Two Reports)
11. CITY MANAGER REPORT.
12. CITY COUNCIL MEMBER REPORTS.
A. Daronica Johnson-Santos
B. Deborah Lewis
C. Scott Silveira
D. Tom Faria
E. Mayor Mike VillaIta
13. CLOSED SESSION.
A. Conference with Real Property Negotiators, Pursuant to Government Code
Section 54956.8; Property Located at 1111 G Street, Los Banos, California,
(APN 026-161-003, 026-161-008 (Portion)), Approximately 6.04 Acres; City
Negotiators: City Manager Terrazas, City Attorney Vaughn, Finance Director
Williams, Police Chief Brizzee; Negotiating Parties: Sam Watson; Under
Negotiation: Purchase Price and Terms of Sale.
14. ADJOURNMENT.
A. Adjourn to Tuesday, May 30,2017 at 5:00 PM Attend a 2017/2018 Fiscal
Year Budget Workshop Being Held in the Council Chambers, 520 J Street,
Los Banos, California.
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I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing
p.fed~1 bulletin board not less than 72 hours prior to the meeting.
Lucille L. Mallonee, City Clerk Dated this 11 th day of May 2017
Los Banos City Council Agenda - May 17, 2017 Page 40f4
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