City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES FEBRUARY 21, 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 7:00 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. STAFF MEMBERS PRESENT: City Manager Terrazas, City Attorney Vaughn, Admin. Clerk I/Deputy City Clerk Huff, 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 Silveira, seconded by Lewis to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS - PROCLAMATION RECOGNIZING TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH Juan Dicochea of Valley Crisis Center introduced himself and noted that he also works for the Merced County Office of Education at Valley Community School. He spoke to teen dating violence and how Valley Crisis Center advocates for these victims. There were some projects/activities students at Valley Community School engaged in in order to better understand the issue and how to engage in healthy relationships without abuse. Reina Nino of Valley Crisis Center mentioned a contest that was held at the school that many students partook in in order to raise awareness of teen dating violence. Mayor Villalta read and presented the proclamation to Mr. Dicochea and Ms. Nino. 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. RICHARD DELAPAZ, Los Banos, wanted to introduce himself and make the City Council and community aware that he is running for District 5 County Supervisor, if anyone has any questions for him or wanted to discuss anything with him, he is happy to talk, thanked Council; ASHLEY WILLIAMS, Executive Director of Habitat for Humanity – Los Banos, wanted to invite everyone to a home dedication to a family in Los Banos that will take place on Saturday February 24, 2018 at 10:00 a.m., spoke to what Habitat for Humanity is all about and what takes place at the home dedication events, this home is one of the two houses located on M Street, everyone is invited to this event, thanked Council and hopes everyone is able to attend; KATHY BALLARD, Los Banos, stated she would like a phone number or contact information provided for CalTrans if one is not provided during their presentation later in the evening; MAYOR VILLALTA stated he would be allowing the public to ask questions when that item comes forward. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Silveira, seconded by Johnson-Santos to approve the City Council Meeting consent agenda as follows: Check Register #208976 – 209269 in the Amount of $518,495.57; Minutes for the February 7, 2018 City Council Meeting; City Council Resolution No. 5938 – Accepting Public Improvements for Harvest Grove, Tract #2013-01 Generally Located at the Northeast Corner of Willmott Avenue and North Street, APN 082-050-066. The motion carried by the affirmative action of all Council Members present. PRESENTATION REGARDING THE PROPOSED WORK AT THE INTERSECTION OF STATE ROUTE 152 AND 11TH STREET. Rhodel De Claro, Traffic Safety Branch of CalTrans District 10, presented the item on behalf of his supervisor, Larry Hernandez. He provided information regarding the intersection in question and how the project involving a traffic signal light could not take place until 2023 because of right-of-way and environmental constraints. There are interim measures that will be put in place beforehand that consist of push-button activated pedestrian crossing signs with LED lights. These interim measures are expected to be in place by late April to early May of 2018. Mr. De Claro introduced his colleague, Thomas Lawrence, with the Public Information Office for CalTrans and he oversees the Merced and Mariposa Counties. The two gentlemen welcomed any questions the Council Members or the public may have. There was discussion between the Council Members and the CalTrans representatives regarding the crossing guards that have recently been placed at the intersection and how a traffic signal light would eventually be placed at that intersection. Council asked if CalTrans believes that the crossing guards are not necessary for which Mr. De Claro said he is unable to answer that on behalf of CalTrans. Council further inquired as to why it will take so long for the traffic signal light to get there for which Mr. De Claro stated that it’s all a part of the process and the best case scenario is that it will be implemented sooner and that some things are out of their control such as the environmental concerns regarding the gas stations in the area. Council is confused as to how CalTrans deemed the intersection dangerous yet cannot do anything about it until 2023. Council addressed the fact that there is already a traffic signal light in place not much further from the intended traffic signal light that will be installed and how that could possibly affect the flow of traffic if the lights are not synchronized. CalTrans stated that the particular already-existing traffic signal light in question has been a part of the study and the proposed traffic signal light should not create traffic issues because the two lights will, in fact, be in coordination. Mayor Villalta opened up the public forum for this item noting that he will allow each person to speak for up to three minutes. KATHY BALLARD, Los Banos, stated that there are already eleven (11) stoplights on Pacheco Boulevard in a four mile stretch, asked if it would be possible to remove the already existing crosswalk and have the students cross at the H Street light instead, the intersection in question is a T- Intersection which CalTrans told her would not be suitable for a light, is concerned about the semi trucks coming through town and them having to stop and then go again especially because they take so long to get going after a stop which is a big reason for the traffic on Pacheco Boulevard, adding another light would cause more traffic buildup throughout the whole length of Pacheco Boulevard and not just that section. MARGARET BENTON, Member of the Los Banos Unified School District Board of Trustees, her main concern is the safety of the students and she has an office to where she can see these students crossing at the intersection and it is very dangerous, appreciative of the crossing guards that are there now but they are also risking their lives, wonders if there is some way that this process can be expedited; MR. DE CLARO, understands the concerns that are being expressed, but right now it is in the vendor’s hands as far as the interim blinking signs are concerned, the order has been placed for these one of a kind signs, the signs will be visible to both directions of traffic [he showed Ms. Benton a picture of what the interim signs will look like]; MARGARET BENTON, asked if these signs will eliminate the need for the crossing guards for which MR. DE CLARO stated that these signs will hopefully eliminate the need for the crossing guards, these flashing signs will be able to be activated by pedestrians at any time of the day and for all pedestrian uses; MARGARET BENTON, inquired as to the expediting of the traffic signal light for which MR. DE CLARO stated the traffic signal light is part of the shop cycle which depends on right-of-way needs and environmental needs; MARK MARSHALL, Superintendent of the Los Banos Unified School District, inquired as to how the CalTrans representatives believe the crossing guards will work in conjunction with the interim sign measures and how the transition will be from the guards to the signs, how will the crossing guards and signs work together and what if they are working against each other; MR. DE CLARO, stated he is unable to answer that question without consulting with his superiors; ANTHONY PARREIRA, Member of the Los Banos Unified School District Board of Trustees, his concern is in regards to a previous comment made about possibly removing that crosswalk all together and having the students cross at H Street, asked them to not even consider it because the students will not do that because kids take the shortest route anywhere, he understands the traffic concerns involved with adding another light but the safety of the students is paramount. No one else came forward to speak and Mayor Villalta brought the conversation back to Council level. MAYOR VILLALTA requested these questions be answered and forwarded to the City Manager who will then communicate with involved departments such as the Police Department and the School District. Council inquired as to what the cost of the traffic signal light will be for which Mr. De Claro stated it is projected to cost $1.3 million and the interim measure will cost approximately $12,000. Council understands there is a process for something like this but finds it unacceptable that it will take that long for something to take place at an intersection that CalTrans has deemed as a safety issue. If something happens at that intersection involving a pedestrian, it will fall in the hands of CalTrans since they deemed that intersection as having a safety issue. If there is a will there is a way and Council believes there is a way to get this project done faster than what CalTrans projects. Council asked that CalTrans be very open and communicate freely with the City if there are any type of situations that come up that would delay the process even further. That would give the City an opportunity to intervene, if possible, to alleviate any hindrances. An inquiry was made as to how the time frame for this project relates to other projects CalTrans is involved in. There a lot of frustrations surrounding the issue and Council asked that these frustrations and concerns be forwarded to Larry Hernandez, CalTrans Chief of District 10 Traffic Safety Branch. The Council Members requested that Larry Hernandez return at a near future council meeting so he can address the concerns and questions of the Council and of the School District. SMALL BUSINESS DEVELOPMENT CENTER (SBDC) PRESENTATION. Kurtis Clark, Director of Valley Sierra Small Business Development Center presented the item and spoke to what SBDC is and how it works. There was discussion between the Council Members and Mr. Clark pertaining to the business owner investment and whether SBDC has reached out to the Chamber of Commerce for which Mr. Clark confirmed. There are many professional and seasoned individuals involved in SBDC who are happy to act as mentors. The City could possibly contract with SBDC and hold workshops for different business applications such as Quickbooks or marketing techniques that would be of benefit to local small businesses. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF REPEALING AND AMENDING IN ITS ENTIRETY CHAPTER 1 OF TITLE 11 OF THE LOS BANOS MUNICIPAL CODE REGULATING BUSINESS LICENSES. Community & Economic Development Director Elms requested that the item be continued to a later date. The Community & Economic Development Department received a response from an interested party, Geneva Brett, and asked that more time be given for research to be done to provide a proper response to the issues brought up in the letter. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was continued until March 21, 2018. Motion by Silveira, seconded by Faria to Continue Ordinance No. 1163 – Amending in its Entirety Chapter 1 of Title 11 of the Los Banos Municipal Code Regulating Business Licenses to the March 21, 2018 City Council Meeting. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF APPROVING GENERAL PLAN (TEXT) AMENDMENT 2017-02 AND A NEGATIVE DECLARATION (SCH#201712060) TO AMEND THE FLOOR AREA RATION TEXT TO 70 PERCENT FROM THE CURRENT 35 PERCENT MAXIMUM IN GENERAL INDUSTRIAL ZONING DISTRICTS FOR THE PARADISE TOMATO KITCHEN WAREHOUSE EXPANSION LOCATED AT 149 G STREET, APNS 081-110-012 AND 081-110-040. Community & Economic Development Director Elms stated there was an error on the agenda noting that the 20 percent from the current 35 percent ration needs to actually be 70 percent from the current 35 percent ration. Community & Economic Development Director Elms presented the staff report which included a PowerPoint presentation. Mayor Villalta opened up the public hearing. No one came forward to speak and the public hearing was closed. Motion by Silveira, seconded by Faria to Approve City Council Resolution No. 5939 – Approving Negative Declaration (SCH#2017121060) for Paradise Tomato Kitchen, Inc. Warehouse Expansion Located at 149 G Street, More Specifically Identified as Assessor’s Parcel Numbers 081-110-012 and 081-110-040. The motion carried by the affirmative action of all Council Members present. Motion by Silveira, seconded by Faria to Approve City Council Resolution No. 5940 – Approving General Plan Text Amendment #2017-02 to Amend the Floor Area Ration from a Maximum of 35 Percent Build-Out to 70 Percent Maximum Build-Out for the General Industrial Zoning District. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF COUNCIL MEMBER REQUEST REGARDING FRONT YARD DRIVEWAY/HARDSCAPE COVERAGE AREA AND EXCESSIVE VEHICLES PARKED ON RESIDENTIAL PROPERTIES [LEWIS]. Mayor Pro Tem Lewis presented the item and spoke to how the problem of excessive vehicles and vehicles parked on residential properties continue to exist and how these issues are not being corrected. She referred to Title 4, Public Safety, of the Los Banos Municipal Code and noted that as it stands, that code gives citizens the right to park wherever and however they please on their private property. It is not quite understood why residents are parking cars in their backyards because it presents a safety hazard and it is not pleasing aesthetically. Municipal codes of other cities were referenced and most do not allow the parking of cars in backyards. She would like to see a limit on the number of vehicles allowed on a residence and for a restriction to be placed on cars being parked in backyards, even if they are project cars. This Council has an obligation to protect the citizens from danger and also protect the beautification of the City. Some residents pour extra concrete on their yards in order to create parking spaces for extra vehicles and these front yards were not designed for that. Comments were made by the other Council Members in regards to how the enforcement of this issue is already challenging and that it is unfair to infringe upon the rights of homeowners. They agree that some situations are unsightly, but there are also some concrete designs that are nice and neat. The Council as a whole agrees that code enforcement needs to be given more power in order to enforce the issues that are unsightly and dangerous. Motion by Lewis, seconded by Faria to have Staff look at the public safety code in regards to parking vehicles on unpaved surfaces and the parking of cars in backyards. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. Community & Economic Development Director Elms stated that there is a conditional use permit for Merced College for the operation of a welding class that will take place at 60 West G Street in suites A and B. This class is a part of their vocational education program and used to be offered only at the Merced campus. This item will be heard at the Planning Commission meeting on Wednesday, February 28, 2018 at 7:00 p.m. in the Council Chambers. CITY MANAGER REPORT. No report. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: She expressed thoughts and prayers for the Graham family as Dr. Billy Graham passed away earlier in the day at the age of 99. In her opinion he was one of the greatest Evangelists in the 20th and 21st Centuries and he was a man of honesty. He committed his life to do what he did to bring forth God’s word. She sends condolences to his family. SCOTT SILVEIRA: He wanted to share with the Council that effective today he has resigned from the Fair Board due to some things coming up in his future. He didn’t do it lightly as he was on the Fair Board for 12 years but is still available to help them with their auctions on Friday and Saturday of the Fair. TOM FARIA: He wished his wife an early Happy Birthday. DARONICA JOHNSON-SANTOS: No report. MAYOR MICHAEL VILLALTA: He thanked the School District and the public for coming to speak on the 11th Street and 152 traffic signal light issue and also thanked Council for their remarks; He noted that Measure V will be spoken of at the next meeting on March 7, 2018 and reminded Council that a decision will be made at that meeting in regards to the RTIF. If there are any questions, please contact the City Manager. . ADJOURNMENT. The meeting was adjourned at 8:40 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Sara Huff______________ Sara Huff, Deputy City Clerk