City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JANUARY 3, 2018 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 7:15 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 p.m.), 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, Fire Chief Hurley, Finance Director Williams, Public Works Director/City Engineer Fachin, Community & Economic Development Director Elms. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, 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. REORGANIZATION OF CITY COUNCIL – SELECTION OF MAYOR PRO TEM. Mayor Villalta stated that he would like to appoint Council Member Lewis as Mayor Pro Tem for 2018. He explained that Council Member Johnson-Santos was next in line for the position but that she had conflicts with her employment to attend the many functions she would be expected to attend. Council Member Lewis was the next candidate in line which is why she was chosen as Mayor Pro Tem. Mayor Villalta thanked Council Member Silveira for serving in his role as Mayor Pro Tem for the year of 2017. Motion by Faria, seconded by Silveira to appoint Council Member Lewis as Mayor Pro Tem for 2018. The motion carried by the affirmative action of all City Council Members present. ABSENT: Johnson-Santos. PRESENTATIONS: CERTIFICATE OF RECOGNITION TO IGNACIO GUTIERREZ RAMIREZ FROM LOS BANOS JUNIOR HIGH SCHOOL ON HIS 1ST PLACE AWARD IN THE ANNUAL COUNTYWIDE YOUNG PATRIOT CHALLENGE ESSAY CONTEST. Mayor Villalta presented the certificate to Mr. Ramirez who briefly spoke to how his essay was about the Bill of Rights and how it still affects everyone in the Nation today. Mayor Villalta congratulated Mr. Ramirez and encouraged him to keep up the good work. PROCLAMATIONS RECOGNIZING CITY COMMISSIONERS: JIM RENSHAW – AIRPORT ADVISORY COMMISSION; DENNIS REED – AIRPORT ADVISORY COMMISSION; TOM FARIA – ECONOMIC DEVELOPMENT ADVISORY COMMISSION; DEBORAH LEWIS – ECONOMIC DEVELOPMENT ADVISORY COMMISSION; REFUGIO LLAMAS – PLANNING COMMISSION; ERIK LIMON – PLANNING COMMISSION; JOHN CATES – PLANNING COMMISSION; JOHN SPEVAK – TREE COMMISSION; COLLEEN MENEFEE – TREE COMMISSION; DIANA INGRAM THURSTON – MEASURE P COMMITTEE; RHONDA RUSK – MEASURE P COMMITTEE. Mayor Villalta asked the commissioners present to come forward and state their name and which commission they served on. He presented them their proclamation, thanking them for their service and spoke of the importance these commissions are for the City’s well being. CERTIFICATES OF RECOGNITION TO LOS BANOS CHAMBER OF COMMERCE AWARD WINNERS: MARIA PINA, CENTURY 21 – BETTY TRAUBA BUSINESS PERSON OF THE YEAR; A&S METALS – BILL MARCHESE BUSINESS OF THE YEAR; PASTOR JOE ROBERTS – WILMA KEOKUK VOLUNTEER OF THE YEAR; MICHAEL JOHN MELLO, MELLO’S HAROBED SERVICE – FRIEND OF THE CHAMBER. Mayor Villalta presented the certificate and also presented certificates on behalf of Merced County Board of Supervisor O’Banion thanking them for their service to the community. Mayor Villalta spoke briefly about the history of each award and each recipient. [Council Member Johnson-Santos arrived at the Council Meeting at 7:15 pm and took her seat at the dais.] 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. MAX GOMEZ, Los Banos, stated that he is glad to be a resident of Los Banos for the past six years, during this time he has made both outside and inside improvements to his home that has made it significantly more attractive than it previously was, spoke to a dead termite- infested tree that was on his neighbor’s lawn when he moved in, with the tenant’s approval he felt it was best for the tree to be cut down so it didn’t eventually fall onto his home, he spoke to the homeowner regarding other trees that were intruding into his yard and asked him to cut back his trees but the owner refused, the neighbor’s house is in disarray and needs immense repairs, many repairs have been made on Mr. Gomez’s behalf with no reimbursement from the neighbor, he believes some changes need to be made to the City and neighborhoods so that residents can be proud of where they live, he is hoping thorough certain existing or new that enforcement can be done to protect the aesthetic value of the City’s neighborhoods, looks forward to speaking with someone to make these changes possible; Pastor Dean Nelson, Vice President of Los Banos Kiwanis Club, wanted to express their appreciation to so many people in the community who assisted with the Christmas Eve Dinner, over 900 meals were served to anyone who wanted to come in and enjoy a hot meal with others, All American Plumbing assisted with delivering meals to people who were unable to come in, the Fire Department also played a big role in this event, wished everyone a Happy New Year; MICHELLE SANDOVAL, Interim Executive Director for the Los Banos Chamber of Commerce, the Chamber welcomes their new members: Family Chiropractic located at 335 W. Pacheco Boulevard, Overland Court Apartments for senior housing located at 417 Rockport Drive, the Chamber is also preparing for their 2018 mixers and are accepting applications from Chamber members in good standing for hosting an event, thanked all those who helped with the Christmas Parade as it was a big success, thanked Erik Limon for his Presidency of the Chamber as he is moving on to other things and are now welcoming Joy Mendez as the new President; ERIK LIMON, Republic Services, wanted to remind the residents of Los Banos that their Christmas trees need to be cut up into three-foot pieces and placed in the green garbage bins for pick up. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Villalta requested that item C - City Council Resolution No. 5925 – Authorizing City-Use of Unmanned Aircraft Systems (Drones) be removed from the consent agenda to be presented and considered separately. Motion by Silveira, seconded by Lewis to approve the consent agenda as amended as follows: Check Register for #208141 – #208559 in the Amount of $2,210,370.74; Minutes for the December 6, 2017 City Council Meeting; City Council Resolution No. 5925 – Authorizing City-Use of Unmanned Aircraft Systems (Drones); City Council Resolution No. 5926 – Amending the Fiscal Year 2017-2018 Budget by Increasing Appropriations in the General Fund for Engineering Revenue and Expenditures in the Amount of $35,000; City Council Resolution No. 5927 – Adopting a Revised Budget for the 2017-2018 Fiscal Year as it Pertains to Increasing Revenues and Expenditures in the General Fund - Other Grants Account and Community & Economic Development Department - Downtown Promotions Account in the Amount of $5,000; City Council Resolution No. 5928 – Accepting the Rally’s/Taco Bell Sewer Line Repair as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 5929 – Appointing Members to the Measure P Citizens Oversight Committee (Tim McNally, Diana Ingram Thurston & DJ Barcellos). The motion carried by the affirmative action of all Council Members present. CITY COUNCIL RESOLUTION NO. 5925 – AUTHORIZING CITY-USE OF UNMANNED AIRCRAFT SYSTEMS (DRONES). Police Chief Brizzee presented the staff report and spoke to how these drones are beneficial in many different aspects for law enforcement. Mayor Villalta requested that once there is someone who becomes certified to fly these drones, if they could bring a drone in to a Council Meeting for demonstration; to which Police Chief Brizzee agreed. Motion by Lewis, seconded by Silveira to approve City Council Resolution No. 5925 – Authorizing City-Use of Unmanned Aircraft Systems (Drones). The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1161 – ADOPTING A CODE REORGANIZATION RELATING TO BUSINESS REGULATION ADDING A NEW TITLE 11 TO THE LOS BANOS MUNICIPAL CODE AND A REORGANIZATION OF CHAPTERS, ARTICLES, AND SECTIONS, AND THE RENUMBERING OF CERTAIN PROVISIONS OF THE CODE (FIRST READING & INTRODUCTION). City Attorney Vaughn presented the staff report. There was Council Member and Staff discussion pertaining to what a marble machine was for which City Attorney Vaughn stated that he believes those were machines used for gambling and are similar to a pinball machine. He further explained that this particular item has existed in the code for 60-70 years and that it will be moved to a different category. Council appreciates City Attorney Vaughn and the Staff for taking the time to reorganize and update these ordinances and also make them more user- friendly to local businesses so they are certain what codes pertain to them. There was further Council Member and Staff discussion regarding whether each type of business in Los Banos was included in the code or if new types would be added as they come along for which City Attorney Vaughn confirmed that only existing businesses are included in this code and any new types of businesses would fall under Title XI (11). Motion by Faria, seconded by Silveira to waive the first reading of Ordinance No. 1161 – Adopting a Code Reorganization Relating to Business Regulation Adding a New Title 11 to the Los Banos Municipal Code and Reorganization of Chapters, Articles, and Sections, and the Renumbering of Certain Provisions of the Code. The motion carried by the affirmative action of all Council Members present. Motion by Faria, seconded by Silveira to introduce Ordinance No. 1161 – Adopting a Code Reorganization Relating to Business Regulation Adding a New Title 11 to the Los Banos Municipal Code and Reorganization of Chapters, Articles, and Sections, and the Renumbering of Certain Provisions of the Code. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None. APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING CITY COMMISSIONS: ECONOMIC DEVELOPMENT ADVISORY COMMITTEE – THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2019 WITH TWO (2) BEING CITY COUNCIL MEMBER APPOINTMENTS. Mayor Villalta stated that they would like to appoint Alex Dvorkin. Motion by Lewis, seconded by Faria to appoint Alex Dvorkin to the Economic Development Advisory Committee. The motion carried by the affirmative action of all Council Members present. Motion by Silveira, seconded by Johnson – Santos to appoint Council Member Faria and Mayor Pro Tem Lewis to the Economic Development Advisory Committee. The motion carried by the affirmative action of all Council Members present. PARKS & RECREATION COMMISSION – THREE (3) TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2019; ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2018. Mayor Villalta stated that they would like to appoint Rhonda Harper, Anthony Dominquez and Thaddeus Bangle. Motion by Johnson-Santos, seconded by Silveira to appoint Rhonda Harper and Anthony Dominquez to the Two (2) Two (2) Year Terms and Thaddeus Bangle to the Unexpired Term on the Parks & Recreation Commission. The motion carried by the affirmative action of all Council Members present. PLANNING COMMISSION – THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2019. Mayor Villalta stated that they would like to appoint Erik Limon, John Cates and Tom Spada. Motion by Faria, seconded by Lewis to appoint Erik Limon, John Cates and Tom Spada to the Planning Commission. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER REPORT. City Manager Terrazas congratulated Council Member Lewis on her selection as Mayor Pro Tem; looking forward to a productive 2018 and working with the Council, Staff and community; wished everyone a Happy New Year. CITY COUNCIL MEMBER REPORTS. DARONICA JOHNSON-SANTOS: Thanked the Kiwanis club for allowing her to volunteer for the Christmas Eve Dinner; thanked and apologized to her fellow Council Members and City staff for her being late to the past few meetings because of her employment conflicts, will try to be on time in the next year and appreciates everyone’s patience; was invited to the Sutter Health event, thanked them for having her and enjoyed meeting and mingling with new people; wished everyone a Happy New Year. DEBORAH LEWIS: Wanted to give her particular thanks to Mayor Villalta and Police Chief Brizzee for sacrificing their beautiful locks to be shaved off for the canned food drive in December, also thanked the various youth in the community at all the local schools for all the work they did in donating to the cause, Los Banos Junior High School won the prize for donating the most, it happened to be Pajama Day at the Junior High during the head shaving event, the kids had a lot of fun watching their heads being shaved; The Salvation Army did a great job this year of raising funds during their bell- ringing event, this year was her first year to participate, it’s a worthwhile organization that assists people in the community, thanked the staff at the Salvation Army for all the work they do for the community in a time of need; January 1, 2018 was the first day the legalization of recreational marijuana went into effect for those 21 and older in the privacy of their own home, she happened to be in the Bay Area with her son for New Years, someone under the influence of alcohol and marijuana collided into a CHP officer and killed him, he left behind a wife and children, law enforcement agencies are looking into how officers can identify when someone is under the influence for further safety precautions, she is hoping some sort of development in the Silicon Valley will be developed to aid in the detection of those under the influence while driving, asked everyone to be safe and have the adult sense to not smoke marijuana and then drive on public streets. SCOTT SILVEIRA: Wished everyone a Happy New Year, was a bit crazier than usual this year with fireworks and it seems to be getting worse and worse, maybe when the Police Department gets the drones up we’ll be able to find the offenders easier; looking forward to 2018, has already been some crazy things happen amongst his family but there are good things on the horizon with the City of Los Banos, if Council makes the right decisions there will be a lot to look forward to. TOM FARIA: The holidays were beautiful with a lot going on; hope everyone has a Happy New Year, looks forward to 2018 being an even more enjoyable and productive year than 2017 was; thanked the commissioners for volunteering their time and all that they do. MAYOR MICHAEL VILLALTA: The chicken New Years Eve dinner by Kiwanis was wonderful, served 900+ dinners, Los Banos is a very giving community that goes out of its way to help those in need; the canned food drive is getting bigger and better every year, there was 10,000 pounds of food raised and another $4,000 - $5,000, thanked Police Chief Brizzee for starting that event, thanked the community for their participation; the new AV system is great, it is easy to operate, thanked the City for the new system; Council Member Faria’s choir concert with his students was a real joy this holiday season, thanked him for all he’s done; thanked Una Bella Salon for volunteering to clean up his and Police Chief Brizzee’s haircuts; it was a worthwhile event. ADJOURNMENT. Motion by Lewis, seconded by Faria the meeting was adjourned at 8:09 p.m. to 7:00 PM, Wednesday, January 10, 2018 at the Los Banos Community Center Lounge located at 645 7th Street, Los Banos, California to Conduct a Joint Study Session with the Planning Commission on the City’s General Plan Update. The motion carried by the affirmative action of all Council Members present. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee______________ Lucille L. Mallonee, City Clerk