City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 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 Pro Tem Silveira 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 (7:13 PM), Deborah Lewis, Scott Silveira; Absent: Mayor Michael Villalta. 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, Fire Chief Marrison, 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, Johnson-Santos and 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. MARLENE SIEMILLER ALVES, Los Banos, 6th generation in Los Banos, stated she has a sign company and has concerns regarding the sign ordinance which has put on hold, signs have been moved to .75 from 1 to 1 and signs have been removed that are over 35 years old, the signs need to be 1 to 1, she has jobs on hold, spoke regarding the water issue and being charged $89 a month which is the highest in the State of California, compared to Clovis who charges $30 every two months, would like to propose that the water be measured through the meters that we have existing, the toxicity levels in the water needs to be addressed, spoke to the beautification of downtown which could be reached just by releasing water in to the planters and to harvest the seeds; JOHN GOMES, Los Banos, spoke regarding his two carports that were put up in 2009, spoke to the history behind his home and the building of the carports and why they were necessary, back in 2009 he came to City Hall and asked for a permit for the carports and was told he didn’t need a permit, a few weeks ago an officer came by and told him that his carports were illegal and they need to be taken down, they are always clean and neat and the carports protect his cars and equipment, feels that it is wrong because he was told that he didn’t need a permit but now he does need a permit, feels that he should have been told 8 years ago that he needed a permit, he asked that someone take a look at the situation and hopes that he can keep them, feels that it is wrong; MARTHA MAYEM, Los Banos, stated that this is her second carport, went to the Planning Department and asked if it was okay and was told it was okay, she has a canvas one and a metal one, doesn’t feel as though it is obstructing anything, she has tried to keep everything nice and neat, not everyone is being cited, wonders if they are being picked on, her house faces west in the evening and gets a lot of hot sun, would like to see something done about this; SANDY MACHADO, Los Banos, spoke regarding her carport and how the sun is a problem and put up the carport to protect the vehicles, she has had her for 11 plus years, never knew that they were not allowed and has never had any complaints, she purchased hers from Parreira’s Automotive and was never told they need a permit, doesn’t want to lose her carport either; JORGE HERNANDEZ, Los Banos, spoke regarding his carports and that he has lived there 10 plus years, he recently had a police officer come to his house and asked if he had a permit for his carport, someone had complained about the carport and it needed to come down, he wanted to know who complained but was told the information was anonymous, wanted to know what he could do to keep the carport and was told there wasn’t anything for him to do, was given two weeks to take down his carport which he paid $1300 for and sold it for $200, upset that he had to take it down because he came to the City and asked about a permit and was told if it wasn’t attached to the house he didn’t need a permit, a few years back police were chasing someone and they ran into the garage and the carport protected them from the intruder, he spoke to his experience with the Code Enforcement Officer and how he was first told that the carport didn’t look good that’s why it needed to come down and that a lien would be put on his house if the carport didn’t come down, feels that the Council is here to protect the City, hopes Council can do something about the carports, his carport was only there to protect his cars; HARVEY ZEPEDA, Los Banos, he’s had his carport up for 20 years, he is handicap and has his carports up so that it is easier to get into his car when it rains so he won’t slip in the water, he was told about 10 years ago that he had to cut back his carport because of a neighbor complaint and so he did, now he’s being told that he has to remove it all together, there was a tree trimmer truck parked in front of his house for over a week, a motor home is parked on his neighbors lawn and not getting in trouble for it, wonders why there are only certain carports/people being told to remove their stuff, wonders if the carport code has just been added on and doesn’t think it is fair; ERIK LIMON, Los Banos, spoke regarding the Fall Clean Up being held on Saturday, September 23, 2017 from 7:00 a.m. to 2:00 p.m. at the corner of 4 th and F Streets, spoke to what can be brought over for disposal or recycle, for more information please call 826-0231; BERTHA FARIA, Los Banos Chamber of Commerce, spoke regarding the farmers market and how it was held for the past 13 weeks, thanked the Council and Shasky Farms for the partnership and looks forward to holding it again in the Spring, there are four new members to the Chamber of Commerce: Bynam’s Mortuary Los Banos, Barney’s Mixology Mobile Bartender, Rita’s Italian Ice and Creamery, and Papa Murphy’s take and bake pizza, there will be a ribbon cutting ceremony for Papa Murphy’s on Thursday, the 14th of September 2017 at 3:00 p.m., Bynam’s ribbon cutting will be held on Thursday, September 21, 2017 at 3:00 p.m., upcoming chamber events will be the Fall Street Faire on Saturday, September 16, 2017 from 8:30 a.m. to 3:00 p.m. and the 7th Annual Tomato Festival will be on Saturday, October 7, 2017 from 10:00 a.m. to 7:00 p.m. at the Merced County Spring Fairgrounds, spoke to the events that will be taking place at the festival, admission is $1 per person, the Los Banos Arts Council will hold its pumpkin patch and art show this Saturday and Sunday, admissions is $7, there will be pumpkins for sale and a special quilt presentation for a local veteran, for more information contact Judy at 827-8929, the Los Banos VFW and the American Legion will be hosting the Patriot’s Day Mixer with the Chamber on Monday, September 11, 2017 beginning at 5:30 p.m..; GREG HOSTETLER, Los Banos, spoke regarding the Police Department and issues on Harrison Avenue and complimented the Police Department and Police Chief Brizzee and his staff for a job well done, the Public Works Department helped train a substantial portion of our staff and complimented the Public Works Department for that and noted they are doing a great job, Los Banos is creating jobs again and everyone is doing a great job, the Planning Department is doing a great job also, lucky that he hasn’t had to deal with the Fire Department but they are also doing a great job, spoke regarding the fee study and how it is the right thing to do, as a substantial landowner of the town he is happy with how Alex is managing the City, believes we don’t need rapid growth, but steady growth, he is excited about the City Council as they are vey seasoned, believes there are bright things in the future, not very sure what’s going on with the Code Enforcement in the City. No one else came forward to speak and the public forum was closed. [Council Member Johnson-Santos arrived to the Council Meeting at 7:13 p.m. and took her seat at the dais] CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Faria, seconded by Johnson-Santos to approve the consent agenda as follows: Check Register for #206058 – #206637 in the Amount of $2,415,676.35; Minutes for the August 2, 2017 City Council Meeting; City Council Resolution No. 5885 – Accepting One (1) Grant Deed for Right-of-Way Dedication Associated with Street Sidewalk Corner Improvements as Part of the K Street Storm Drain Improvements; City Council Resolution No. 5886 – Approving the Annual Local Transportation Fund (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2017/2018 in the Amount of $109,874; City Council Resolution No. 5887 – Authorizing the Award of Purchase and Installation Agreement for the Council Chambers Audio and Visual Upgrade to Matrix Audio Visual Designs in the amount of $144,371.36; City Council Resolution No. 5888 – Authorizing the City Manager to Execute an Amended Professional Services Agreement with Manager Partners Incorporated to Conduct an Organizational Assessment Study as it Pertains to Insurance Requirements. The motion carried by the affirmative of all Council Members present; ABSENT: Villalta. OPEN COUNTER PRESENTATION AND DEMONSTRATION. City Manager Terrazas presented the staff report. Peter Koht, COO and President provided a detailed demonstration of OpenCounter. There was Council and staff discussion pertaining to the system’s functionality and how it will benefit both the City staff and also the members of the public. Overall, Council is pleased with how the system works and how it will benefit the economic development in the Ctiy. No action taken, informational item only. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CERTIFYING A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (EIR) (SCH #2016051033) AND MITIGATION MONITORING/REPORTING PLAN FOR THE LOS BANOS GENERAL PLAN LAND RESOURCES AMENDMENT AND APPROVING THE LOS BANOS GENERAL PLAN LAND RESOURCES AMENDMENT AS IT PERTAINS TO CORRECTING AN ERROR REGARDING THE QUANTITY AND LOCATION OF PRIME FARMLAND, FARMLAND OF STATEWIDE IMPORTANCE, AND UNIQUE FARMLAND WITHIN THE CITY’S URBAN GROWTH BOUNDARY; CITY COUNCIL RESOLUTION NO. 5889 – CERTIFYING A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SCH#2016051033), AND MITIGATION MONITORING/REPORTING PLAN FOR THE LOS BANOS GENERAL PLAN LAND RESOURCES AMENDMENT; CITY COUNCIL RESOLUTION NO. 5890 – APPROVING THE LOS BANOS GENERAL PLAN LAND RESOURCES AMENDMENT. City Attorney Vaughn presented the staff report and introduced Richard James of EMC Planning. Mr. James spoke in detail to the general plan amendment and the corrections that are being recommended for approval, which included a PowerPoint presentation. There was Council and staff discussion pertaining to providing a notice to potential homebuyers about potential farming in the area and how that could potentially protect the farmer from any sort of action against opposing homeowners regarding the farming. There is nothing in the EIR (environmental impact report) that would fix any risk of action being taken against farmers in a close proximity to residences and the matter would be better addressed and more effective through a City ordinance. Council Member Faria requested staff to look into creating a Right to Farm Ordinance so that farmers in the City are protected and are given the right to farm without the risk of being sued for doing so. Mayor Pro Tem Silveira opened the public hearing. JEFF ROBERTS, Granville Homes in Fresno, spoke regarding his history with the City and City staff and offered his support on this item, he is in favor of both resolutions certifying the new environmental document, believes this document strengthens the protection of agricultural uses in the sphere of influence and simultaneously encourages economic development, glad to see the City did not go with the easement mitigation route, would hate to see the City of Los Banos put itself at a competitive disadvantage against other surrounding cities imposing something like that, he believes the conditions set forth by staff are valid and reasonable even though it would create more work on the part of the developers. 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. 5889 – Certifying a Subsequent Environmental Impact Report (SCH#2016051033), and Mitigation Monitoring/Reporting Plan for the Los Banos General Plan Land Resources Amendment. The motion carried by the affirmative of all Council Members present; ABSENT: Villalta. Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 5890 – Approving the Los Banos General Plan Land Resources Amendment. The motion carried by the affirmative of all Council Members present; ABSENT: Villalta. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5891 – APPROVING A THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF LOS BANOS AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC FOR COLLECTION AND TRANSPORTATION OF SOLID WASTE, RECYCLABLE MATERIALS AND GREEN WASTE BY EXTENDING THE CURRENT TERM TO JUNE 30, 2021 WITH UPDATED TERMS. Finance Director Williams presented the staff report. There was Council and staff discussion pertaining to how long RFP (request for proposals) preparation can take and how the City should stay ahead of the game and prepare for that early on. Council Member Lewis spoke to how the gated senior communities in the City are offered smaller trash receptacles but the rest of the seniors living in the community are having to pay the same prices as everyone else and a request was made to consider expanding the same offer to the rest of the 55 and older seniors in the community. The size of the trash/recycling receptacles provided to the community should be reexamined in order to keep the amount of trash going into the landfill under control. She would like to see these items addressed and included in the future RFP. These ideas were echoed by Council Member Faria. Motion by Faria, seconded by Johnson-Santos to adopt City Council Resolution No. 5891 – Approving a Third Amendment to Agreement between the City of Los Banos and Allied Waste Services of North America, LLC for Collection and Transportation of Solid Waste, Recyclable Materials and Green Waste by Extending the Current Term to June 30, 2021 with Updated Terms. The motion carried by the affirmative of all Council Members present; ABSENT: Villalta. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5892 – AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT AND THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ADMINISTER SAID AGREEMENT WITH DAVID TAUSSIG & ASSOCIATES, INC., TO PROVIDE A NEXUS STUDY FOR THE UPDATE OF THE CITY OF LOS BANOS DEVELOPMENT IMPACT FEE PROGRAM AND ADOPT A REVISED BUDGET FOR THE FISCAL YEAR 2017/2018 AS IT PERTAINS TO EXPENDITURES FOR THE CITY HALL ADMIN FEE ACCOUNT FOR IMPACT FEES. Public Works Director/City Engineer Fachin presented the staff report and noted that Nathan Perez with David Taussig & Associates Inc., is present to address any questions or concerns Council may have. There was Council and staff discussion pertaining to timelines, how this firm offers certain tools to meet these timelines, what the expectations are for this program, and how this study is many years overdue. A number of stakeholder workshops were done leading up to this and developers are encouraged to involve themselves in the process. Council Member Lewis asked if there are some automatic adjustments built into the plan so that so many years don’t go by again without an updated study for which Mr. Perez noted that the idea of these adjustments is implemented early on and that annual auditing and record keeping could be done to stay on top of things instead of playing catch up. Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 5892 – Authorizing the City Manager to Execute a Professional Services Agreement and the Public Works Director/City Engineer to Administer Said Agreement with David Taussig & Associates, Inc., to Provide a Nexus Study for the Update of the City of Los Banos Development Impact Fee Program and Adopt a Revised Budget for the Fiscal Year 2017/2018 as it Pertains to Expenditures for the City Hall Admin Fee Account for Impact Fees. The motion carried by the affirmative of all Council Members present; ABSENT: Villalta. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5893 – APPROVING A SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT AS IT PERTAINS TO INCREASING THE ANNUAL BASE SALARY BY FIVE PERCENT (5%). City Clerk/Human Resources Director Mallonee presented the staff report. Council Member Faria noted that he is very pleased with City Manager Terrazas and spoke to the qualities he possesses that he has brought to the City. Motion by Faria, seconded by Johnson-Santos to adopt City Council Resolution No. 5893 – Approving a Second Amendment to City Manager Employment Agreement as it Pertains to Increasing the Annual Base Salary by Five Percent (5%). The motion carried by the affirmative of all Council Members present; ABSENT: Villalta. ADVISEMENT OF PUBLIC NOTICES (One Report). City Manager Terrazas stated the Planning Commission will be holding a public hearing to consider a conditional use permit with a CEQA exemption to allow a Type 41 alcohol use for Blaze Pizza located at 1335 W. Pacheco Boulevard on September 13, 2017 at 7:00 p.m. in the council chambers. CITY MANAGER REPORT. City Manager Terrazas spoke to how the last Farm to Plaza Farmers Market was held the previous Tuesday, thanked the Chamber of Commerce for their significant efforts for pulling it all together. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Wanted to send condolences to Community & Economic Development Director Elms in the loss of her father, she will be in her prayers and understands it’s a very hard thing, not going to ask in the short term but will be requesting to have an ordinance addressing cars needing to be off the street when street sweeping goes on, believes the sweepers maneuvering around parked cars defeats the purpose of the sweepers cleaning the streets and prevents them from doing their job, she has received a lot of complaints about the Der Weinerschnitzel building and how it looks, the project was continued when the City asked the developers not to proceed, the colors on the building were not approved by the City although it is aware of what the particular franchise colors are, asked the public to be patient as the property owner has yet to comply with the City’s conditions. SCOTT SILVEIRA: Sends condolences to Community & Economic Development Director Elms and her family, CASA’s Casino Night is this Saturday September 9, 2017, there are 15 tickets left and are $50 each, lots of fun with casino games and raffles, lots of different food catering, will be held at the O’Banion building at the fairgrounds, doors open at 7:00 p.m., for information and tickets call Diane at (209)704-369 or Carol at (209)761-6600, he will be doing the auctioneering and the Mayor will be the emcee for the evening. TOM FARIA: Gives his deepest sympathies to the Souza family and spoke to how they are great people, Jorge was an employee of the City and was a model employee at that, spoke to how he and his family were blessed with a new grandson in June, the Farm to Plaza was a successful event all summer long, he and others played some music there on a few occasions, looks forward to next year, wished his daughters and his son-in-law happy birthday in August and September, some big announcements coming soon from the Fire Department from Chief Marrison and Assistant Chief Hurley. DARONICA JOHNSON-SANTOS: Sends condolences to Community & Economic Development Director Elms and her family, glad that the farmers market did so well. MAYOR MICHAEL VILLALTA: Absent ADJOURNMENT. The meeting was adjourned at 9:02 p.m. APPROVED: /s/ Scott Silveira____________ Scott Silveira, Mayor Pro Tem ATTEST: /s/ Lucille L. Mallonee______________ Lucille L. Mallonee, City Clerk