City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JANUARY 17, 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 7:02 p.m. PLEDGE OF ALLEGIANCE: Police Commander Hedden led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Tom Faria, Daronica Johnson-Santos (7:17 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 Commander Hedden, 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 Lewis 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. 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. Mayor Villalta presented the Proclamation recognizing January as National Slavery and Human Trafficking Prevention Month to Lena Cano and Chee Yang from Valley Crisis Center. Ms. Cano and Ms. Yang spoke to the services they offer in Merced County to those who have experienced domestic violence, sexual assault, and human trafficking issues and also shared statistics they have collected from April 2016 until December 2017 regarding human trafficking in Merced County. There will be a fundraiser on February 17, 2017 at 2:00 p.m. at Playhouse Merced and asks the public to sponsor at-risk youth to attend the play that will be put on. If interested in sponsoring, the public can contact (209) 725-7900. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. City Clerk Mallonee read the consent agenda noting that a resolution that was included in the staff report for item 6 D [City Council Resolution No. 5930 – Consenting to Inclusion of Properties within the City’s Jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements, Electric Vehicle Charging Infrastructure and Other Improvements and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto] was mistakenly not listed on the agenda and read it into the record: City Council Resolution No. 5932 – Consenting to Inclusion of Properties within the City’s Jurisdiction in the Golden State Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements, Electric Vehicle Charging Infrastructure, and other Improvements and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto. Motion by Silveira, seconded by Faria to approve the City Council Meeting consent agenda as follows, with the inclusion of City Council Resolution No. 5932 – Consenting to Inclusion of Properties within the City’s Jurisdiction in the Golden State Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements, Electric Vehicle Charging Infrastructure, and other Improvements and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto: Check Register for #208560 - #208707 in the Amount of $494,263.60; Minutes for the January 3, 2018 City Council Meeting; Minutes for the January 10, 2018 Adjourned Joint City Council & Planning Commission Meeting; City Council Resolution No. 5930 – Consenting to Inclusion of Properties within the City’s Jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements, Electric Vehicle Charging Infrastructure and Other Improvements and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto; with the inclusion of City Council Resolution No. 5932 – Consenting to Inclusion of Properties within the City’s Jurisdiction in the Golden State Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements, Electric Vehicle Charging Infrastructure, and other Improvements and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto. The motion carried by the affirmative action of all Council Members present, Johnson-Santos absent. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5931 – ACCEPTING THE 2016-2017 FISCAL YEAR AUDIT REPORTS CONSISTING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND THE GOVERNMENT AUDITING STANDARDS REPORT. Finance Director Williams presented the staff report and introduced Fausto Hinojosa, Managing Partner/Audit Principal with the City’s independent auditing firm Price Paige & Company, who spoke in more detail to the audit report. [Council Member Johnson-Santos arrived at the Council Meeting at 7:17 pm and took her seat at the dais.] There was Council Member and Staff discussion regarding the CalPERS situation and how the City can prepare for that by paying down the unfunded liability. Positive remarks were made about the Finance Staff and how they have done great work the past few years in recovering from financial troubles in the past. Motion by Silveira, seconded by Faria to approve City Council Resolution No. 5931 – Accepting the 2016-2017 Fiscal Year Audit Reports Consisting of the Comprehensive Annual Financial Report (CAFR) and the Government Auditing Standards Report. 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 (SECOND READING & ADOPTION). City Attorney Vaughn presented the staff report. Motion by Lewis, seconded by Faria to waive the second 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 Lewis, seconded by Faria to adopt 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. CONSIDERATION OF THE APPEAL BY SUFEN LIU dba CHINA MASSAGE OF THE DECISION OF THE COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR TO SUSPEND THE PROCESSING OF A BUSINESS LICENSE APPLICATION. Mayor Villalta asked the appellate, Sufen Liu, to come forward. Community & Economic Development Director Elms, presented the item which included the history and facts of suspending China Massage’s Business License until the current massage moratorium was lifted. The appellant, Sufen Liu [through a translator], gave testimony as to why their business license shouldn’t have been suspended. There was Council and Staff discussion pertaining to other facts about the situation and what other issues remained regarding meeting building code requirements. Mayor Villalta accepted the reports from Community & Economic Development Director Elms and from the appellant, Sufen Liu. He then read motion alternatives to the other Council Members before they made their motion. Motion by Lewis, seconded by Silveira to deny the appeal and affirm the decision of the Community & Economic Development Director. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF REVISING THE REGULATION OF MASSAGE ESTABLISHMENTS AND SERVICES ORDINANCE OF THE LOS BANOS MUNICIPAL CODE; ORDINANCE NO. 1162 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING IN ITS ENTIRETY CHAPTER 16 OF TITLE 11 OF THE LOS BANOS MUNICIPAL CODE REGULATION OF MASSAGE ESTABLISHMENTS AND SERVICES (FIRST READING & INTRODUCTION) City Attorney Vaughn 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 regarding the permits, certifications, and licenses required for these future establishments and what the fees are for these items; however, the fees have yet to be determined and once developed will be presented to Council by means of a resolution. The May 1, 2018 deadline was spoken to and how after that deadline, all massage therapists operating in the City of Los Banos will be required to have a California Massage Therapist Certification (CMTC). Certain exemptions may exist pertaining to establishment permits such as health clubs, gyms, and athletic clubs, but the therapists at these locations will still have to register for the CMTC certification. Motion by Silveira, seconded by Faria to waive the first reading of Ordinance No. 1162 – Amending in its Entirety Chapter 16 of Title 11 of the Los Banos Municipal Code Regulation of Massage Establishments and Services. The motion carried by the affirmative action of all Council Members present. Motion by Silveira, seconded by Faria to adopt Ordinance No. 1162 – Amending in its Entirety Chapter 16 of Title 11 of the Los Banos Municipal Code Regulation of Massage Establishments and Services. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None. CONSIDERATION OF REGIONAL TRANSPORTATION IMPACT FEE (RTIF) OPTIONS. City Manager Terrazas presented the staff report, which included a PowerPoint presentation. There was Council Member and Staff discussion pertaining to the RTIF and how there is only one project in Atwater that has benefitted through those funds. Many cities in the County have contributed money to the fund but have received no benefit from it. Council would like to see money come back that was put in by the City minus the amount of money that was expended for any projects. Another option discussed could be for the money from the Eastside and Westside to be returned to each of those regions and used for projects that would benefit the cities in those regions. Taxpayers are already paying taxes for SB1 and shouldn’t have to keep having their taxes raised. There was a list created in 2008 that had MCAG-approved projects on it which was then revised with new projects in 2016, but that particular list has not yet been approved by MCAG as the eligible project list. Los Banos would need to add a project to the 2008 approved list that would be eligible for RTIF funds in order to benefit from the program since the only City of Los Banos project on there right now is the bypass which is too expensive to become reality at this moment in time. The Measure V formula could be used to determine the Eastside and Westside split. Council is seeking a solution that is fair, equitable, and reasonable for everyone. City Attorney Vaughn reminded that Measure V is a completely different sales tax funding mechanism and how these funds cannot be mixed up in terms of their requirements. The money that was contributed by each jurisdiction has to be expended under the structure of the RTIF. The individual jurisdictions that didn’t receive benefits aren’t going to receive a check back for their unused contributions. The RTIF isn’t going to simply go away except for when the money is gone. MCAG is still going to be the administering body of the RTIF and will still be involved in the administration of funds but not the collection of the funds. Since there are no beneficial projects on the 2008 project list for the Westside, then there would be no reason to adopt that list but instead create a new list with Westside-benefitting projects on it. New Nexus studies would be needed to adopt a new list. Council understands that Measure V is its own entity aside from the RTIF, but they favor the formula used in Measure V in regards to splitting funds. Motion by Faria, seconded by Johnson-Santos to support the discontinuance of the RTIF and to follow option 3B-1: Allocate funds by Measure V formula - divide the funds between the East and West based only on the Measure V method (50% by percentage of population and 50% by percentage of road mileage). 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: AIRPORT ADVISORY COMMISSION – THREE (3) VACANCIES; TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2019; ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2018. Motion by Villalta, seconded by Lewis to appoint Dennis Reed to a Two (2) Year term of the Airport Advisory Commission. The motion carried by the affirmative action of all Council Members present. TREE COMMISSION – THREE (3) VACANCIES; TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2019. Motion by Villalta, seconded by Lewis to appoint John Spevak, Brenda Latham and Colleen Menefee to Two (2) Year terms of the Tree Commission. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES (Two Reports). Community & Economic Development Director stated that there will be two Public Hearings held at the Planning Commission meeting to be held on Wednesday, January 24, 2018 at 7:00 p.m. in the Council Chambers. The first item is to consider a conditional use permit to allow the operation of a Large Family Day Care facility for Because I Care, Kids Clubhouse operated by Lissette Riojas-Reyna located at 2440 Rock Creek Drive, APN 084-311- 011. The second item will be a General Plan amendment (text amendment), a site plan review and a negative declaration for Paradise Tomato Kitchen warehouse expansion. They are proposing on expanding their existing warehouse by 175,034 square feet and are proposing the General Plan text amendment to allow a higher floor area ratio which would be consistent with other communities in the central valley. The General Plan text amendment item will be a recommendation made by the Planning Commission and will be decided on by the City Council. CITY MANAGER REPORT. No report CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: No report. SCOTT SILVEIRA: Wanted to give thanks to the Planning Commission and to the Community & Economic Development Department for a very productive meeting last week at the Community Center regarding the 2040 General Plan update, there were also some public members who attended, encouraged Staff to hold joint meetings like that once or twice a year so Planning Commissioners and Council Members can come together; happy with Place Works Inc., and how they have very specific timelines regarding the 2040 General Plan update. TOM FARIA: The Martin Luther King Jr. Day march was a great event with a nice crowd, was great conversation and great moments there, thanked everyone who helped with that event, this year makes 50 years since he was assassinated, also 50 years since Robert F. Kennedy was assassinated, keep these ideas alive with these marches and activities; the high school choir chicken dinner will be going on Wednesday, January 31, 2018, tickets available through choir members and him and cost $10 each, chicken, rice, beans and tortillas will be served, pick up will be at the La Morenita Market located on the corner of H Street and Texas Street; the Los Banos FFA Ag Boosters Dinner Dance will be held on Saturday, February 3, 2018, contact the Los Banos High School Ag Department for more information, appreciates all the community support. DARONICA JOHNSON-SANTOS: Echoed Council Member Silveira’s comments on the General Plan meeting held last week and how it was nice to have everyone in the same room, she likes the idea of a quality control program regarding townhouses/apartments, believes it’s important for people to have a nice place to live, would like to talk more about it in the future, would like to add that on a future agenda as a Council Member request; her heart goes out to the California Dairy in regards to its closure and the approximately 60 people who will be losing their jobs. MAYOR MICHAEL VILLALTA: Stated he and Council Member Faria attended the Martin Luther King Jr. March held on Monday January 15th, 2018, sometimes all Council Members are able to attend events and sometimes only a few are able to, was a nice event that took place, there was a march and the Martin Luther King Jr. celebration continued at Bethel Community Church, grateful for the people who put on the event. 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. Motion by Silveira, seconded by Johnson-Santos to approve the Purchase and Sale Agreement between the City of Los Banos and Los Banos Gateway Center, LLC and Jose & Anna Montes in the form and on the terms presented to the City Council and to authorize the Mayor to execute the Agreement upon final approval by the City Attorney. The motion carried by the affirmative action of all Council Members present. ADJOURNMENT. The meeting was adjourned at 10:05 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee______________ Lucille L. Mallonee, City Clerk