City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 4, 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 7:04 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 (7:15 PM), 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, Fire Chief Marrison, Assistant Fire Chief Hurley, Public Works Director/City Engineer Fachin, Community & Economic Development Director Elms and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Silveira to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all City Council Members present. ABSENT: Johnson- Santos. PRESENTATION – PROCLAMATION PROCLAMATION – RECOGNIZING OCTOBER 2017 AS ALZHEIMER’S AWARENESS MONTH. Mayor Pro Tem Silveira presented the proclamation to Grover and Diane Thurston and other representatives of the local group. Ms. Thurston spoke about how they created the group about 20 years ago and how hundreds of families have met with their group. She spoke to the many deaths they have gone through over the years from this disease. The group meets on the third Wednesday of the month at noon and their phone lines are open 24 hours a day. Last year Los Banos won first place at the annual fundraiser walk event. This year’s walk is this Saturday, October 7, 2017 and at the moment Los Banos is still ranked number one. PROCLAMATION – RECOGNIZING THE MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH. Mayor Pro Tem Silveira presented the proclamation to Reina Nino from Valley Crisis Center. Ms. Nino spoke regarding the Peace for Families Event that will be held on October 26, 2017. The event will begin at Pacheco Park and will continue on to the Community Center. She spoke of the Purple Purse Campaign event and how the community can contribute. 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. STEVE HAMMOND, stated that they have been working on a project the past couple months in response to the recent horrific events that has been happening in the Nation as it pertains to race and read a prepared statement, 21 pastors/administrators have signed the covenant and 14 churches have taken part; another Pastor spoke regarding how important it is to express and promote love and fight hatred; MICHELLE (Last name not stated), Los Banos Chamber of Commerce, spoke regarding the upcoming events the Chamber will be hosting, the 7th Annual Los Banos Tomato Festival will be held on Saturday, October 7, 2017, a variety of fun-filled events will be held, the event will start at 10:00 a.m. at the Los Banos Fairgrounds and will conclude at 7:00 p.m., the Chamber welcomes the Pizza Factory as their newest member, they are located at 2160 E. Pacheco Boulevard between Food 4 Less and InShape, they will be having their ribbon cutting event on October 16, 2017 in conjunction with their one-year anniversary and grand opening event, the October Mixer will be held at Century 21 M&M and Associates along with Hot City Barbecue; PATRICIA RAMOS ANDERSON, President of LULAC (League of United Latin American Citizens) in Merced County, they see a lot of change happening in our community and the Nation, believes it is important for the leaders of the community to lead by example and embrace these changes in a positive manner, believes there should be an event held that would celebrate the diversity that exists in the community, must learn that if there is a crisis going on that the leaders of that community should take a stand and not allow the negativity to impact its citizens, gave a brief background of the forefathers of the country and how we are all immigrants, everyone should come together and celebrate the diversity and learn from one another. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Villalta inquired as to what item H - City Council Resolution No. 5898 – Awarding the Bid for the Purchase of One (1) New 2017-2018 Model Commercial Paver and Authorizing the Public Works Director/City Engineer to Issue the Purchase Order to Holt of California in the Amount of $147,738.40 was for which Public Works Director/City Engineer explained that the paver is an asphalt paver that would be able to pave areas up to ten feet wide and would be used to pave things such as the trails, etc. Motion by Faria, seconded by Silveira to approve the consent agenda as follows: Check Register for #206836 – #207099 in the Amount of $623,250.029; Minutes for the September 6, 2017 City Council Meeting; Minutes for the September 20, 2017 City Council Meeting; City Council Resolution No. 5894 – Authorizing the Police Department to Participate in the State of California Public Safety Procurement Program (CPSPP) Through the Law Enforcement Support Office (LESO) for the Acquisition of Surplus Department of Defense Equipment, Including an Armored Vehicle for the Use by the Los Banos Police Department; City Council Resolution No. 5895 – Authorizing the Award of Construction Contract for Taco Bell/Rally’s Sewer Line Repair to RTC Construction Management, Inc. in the Amount of $139,928; City Council Resolution No. 5896 – Awarding the Bid for the Purchase of One (1) New 2017-2018 Model Cab and Chassis and Authorizing the Public Works Director/City Engineer to Issue the Purchase Order to Fresno Truck Center in the Amount of $86,512.69; City Council Resolution No. 5897 – Awarding the Bid for the Purchase of One (1) New 2017-2018 Model Paint & Stencil Truck-Bed and Authorizing the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in the Amount of $115,999; City Council Resolution No. 5898 – Awarding the Bid for the Purchase of One (1) New 2017-2018 Model Commercial Paver and Authorizing the Public Works Director/City Engineer to Issue the Purchase Order to Holt of California in the Amount of $147,738.40. The motion carried by the affirmative of all Council Members present; ABSENT: Johnson-Santos. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT AND CEQA EXEMPTION TO ALLOW THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH A BONA-FIDE EATING ESTABLISHMENT, BLAZE FAST FIRE’D PIZZA, LOCATED AT 1335 WEST PACHECO BOULEVARD, SUITE B, APN 430-010-043; CITY COUNCIL RESOLUTION NO. 5899 – APPROVING CONDITIONAL USE PERMIT #2017-02 FOR THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH A BONA-FIDE EASTING ESTABLISHMENT FOR BLAZE FAST FIRE’D PIZZA LOCATED AT 1335 WEST PACHECO BOULEVARD. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed. There was Council Member and staff discussion pertaining to the surveillance systems that were to be used in the establishment, the period of time the recordings must be pertained, and how Police Chief Brizzee would be inspecting the systems and making sure they are in the proper location. Motion by Silveira, seconded by Faria to adopt City Council Resolution No. 5899 – Approving Conditional Use Permit #2017-02 for the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with a Bona-fide Easting Establishment for Blaze Fast Fire’d Pizza Located at 1335 West Pacheco Boulevard. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5900 – APPROVING THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROPOSED PROJECT LIST FOR FISCAL YEAR 2017-2018 AND AMEND THE ANNUAL 2017-018 FISCAL YEAR BUDGET BY INCREASING ACCOUNT CODE 215-430-220-819 GAS TAX/SB1 BY $226,973 AND DECREASING ACCOUNT CODE 215-430-220-820 GAS TAX BY $226,973. Public Works Director/City Engineer Fachin presented the staff report. There was Council Member and staff discussion pertaining to the possible repeal of this SB1 measure and how the City has the money already in place in case the measure does get repealed. This measure would allow a year’s worth of street repair services to stay in reserve. Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 5900 – Approving the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2017-2018 and Amend the Annual 2017-2018 Fiscal Year Budget by Increasing Account code 215-430-220-819 Gas Tax/SB1by #226,973 and Decreasing Account Code 215-430-220-820 Gas Tax by $226,973. The motion carried by the affirmative of all Council Members present. REVIEW OF MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) BYLAWS, JOINT POWERS AGREEMENT AND REPRESENTATIONAL STRUCTURE. City Attorney Vaughn presented the staff report, which including giving a brief history of MCAG, how they are considered a joint powers authority, and how it operates. There was Council Member and staff discussion pertaining to the current representational structure of MCAG, how Council would like staff to come up with an item for the Mayor to present to MCAG requesting a reexamination of the representational structure, and how it would be best to send recommendations along with the request so the board understands why this request is being made. Some recommendations Council suggests are that the supervisor representation be limited to three with one member coming from the Eastside, one coming from the Westside, and one rotating member and that the Mayoral representation remain the same. It was also noted that once a decision is made by MCAG pertaining to projects, that these decisions must be followed through with and that the decision cannot be reversed. Motion by Faria, seconded by Lewis to instruct staff to prepare an item for the Mayor to present to MCAG requesting a reexamination of the representational structure of MCAG along with the suggestion of limiting the number of supervisors on the board to three – one member from the Eastside, one member from the Westside, and one rotating member. The motion carried by the affirmative of all Council Members present. NOTICE AND ANNOUNCEMENT OF VACANCIES ON THE FOLLOWING COMMISSIONS/COMMITTEES: PARKS & RECREATION COMMISSION – THREE (3) VACANCIES; PLANNING COMMISSION – THREE (3) VACANCIES; TREE COMMISSION – THREE (3) VACANCIES; ECONOMIC DEVELOPMENT ADVISORY COMMISSION – THREE (3) VACANCIES; AIRPORT ADVISORY COMMISSION – THREE (3) VACANCIES; MEASURE P COMMITTEE – TWO (2) VACANCIES. Informational item only, no action taken. ADVISEMENT OF PUBLIC NOTICES (Three Reports). Community & Economic Development Director Elms reported that there are three items to report. The first is a conditional use permit up for discussion for a Type 47 alcohol license for El Campesino’s Restaurant which will be relocated to 1639 E. Pacheco Boulevard which was formerly known as the Los Banos Steakhouse. The second item is for a conditional use permit for OA Holdings No. 1, LLC which is requesting an increase in maximum display area and height for any multi-tenant monument signs on Pacheco Boulevard. They are located at 1420 Pacheco Boulevard in between Quizno’s and Espanas. The third item is for a conditional use permit for a large family daycare which is to be located at 554 Cabernet Street. It is called Cozy Home Daycare owned by Raquel Avila. These items are to be discussed by the Planning Commission at their next meeting on Wednesday, October 11, 2017 at 7:00 p.m. in the Council Chambers. CITY MANAGER REPORT. City Manager Terrazas stated that Los Banos Police Department will be hosting their National Night Out on October 19, 2017 from 5:00 p.m. to 7:00 p.m. at Pacheco Park, there will be food, drinks, games, prizes, crime prevention tips, and possibly a dunk tank. CITY COUNCIL MEMBER REPORTS. TOM FARIA: Reminded all about the Tomato Festival on Saturday, October 7, 2017; the OLF celebration going on this week with events on Friday, Saturday and Sunday; all thoughts, prayers and sympathies to those in Las Vegas and thanked the first responders and other civilians that helped in response to the horrific event. DARONICA JOHNSON-SANTOS: Thanked staff and the City of Atwater for inviting her to the City/County Dinner, was able to meet some people from MCAG. DEBORAH LEWIS: Spoke to how the City had another great Salute to Senior event last Friday at the Community Center, enjoys going to these events and their monthly dinners; echoed Council Member Faria’s sentiments regarding the Las Vegas incident, spoke to how the Nation has problems that need to be worked through as best it can, thanked the Pastors that attended tonight’s meeting and praying for our Nation and for bringing forward their beliefs of how everyone needs to come together as a Nation and as a City. SCOTT SILVEIRA: Thoughts and prayers to those in Las Vegas, his sister-in-law and her friends were at that concert but they are all safe, spoke to how a woman spoke regarding the incident and was asked if she was scared to go to Las Vegas again and she stated “No, because then they win”; reminded everyone about the importance of reporting something that may not seem normal so that officers can investigate and determine if further action is needed, believes what doesn’t hurt us will make us stronger, a shame that it takes a tragic event to show the true humanity of people, there were people waiting in line for hours to donate blood, must keep on living. MAYOR MICHAEL VILLALTA: Police Chief has told him time and time again to be a good witness and observer, if something isn’t right, please contact the Police Department; he reminded all that a discussion pertaining to prioritization for road structure projects will be held in early November, how he is going to bring up Council and staff’s stance on what they believe should be up for Measure V and road funds, it’s a great idea and thanked staff for putting it together, there is between $21 million and $26 million available funds for two years for State highway projects that can be leveraged together with Measure V funds, imperative that road projects on the Westside are decided upon to create a Regional Transportation Plan, asked Council to review the guidelines of the Westside Measure V Committee and bring forth any questions or concerns for him to take back to that committee, very proud of how the Council came together tonight to create the recommendation that will be presented to MCAG regarding its representational structure; thanked Council for their sentiments and comments regarding the Las Vegas incident. ADJOURNMENT. The meeting was adjourned at 8:33 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee______________ Lucille L. Mallonee, City Clerk