City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES MARCH 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 (7:41 p.m.), Daronica Johnson-Santos, 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 Silveira, seconded by Johnson-Santos to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all City Council Members present, Faria 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. GENEVA BRETT, Los Banos, spoke to the grave marker program and how the community as a whole has funded the program, all of the veterans at the Los Banos cemetery will have a grave marker, the Los Banos American Legion Auxiliary has been trying to fund this program since June and it has reached its goal, wants to make sure all of the veterans that are located at the cemetery are on the list to receive a grave marker; TOM BALATTI, Los Banos, spoke to Parks and Recreation and how he is a former Parks and Recreation Director, Parks and Recreation needs some support and funding especially for a growing community, believes there needs to be more for the children of the community to do and that people should be more involved with the commission; WILL YORK, Los Banos, spoke to the growing numbers of cars on his street and how these cars are traveling at high speeds down that street, spoke to how many hours it takes for these street sweepers to clean the streets and how they have to weave in and out of the cars, no parking on the streets would eliminate the maintenance of these machines, spoke to the terrible conditions of Place Road; PUBLIC WORKS DIRECTOR/CITY ENGINEER FACHIN noted how Place Road is a part of a rebuilding plan in the near future; LAURENCE MITCHELL, resident of Los Banos and also a Parks and Recreation Commissioner, coaches and volunteers at the Community Center quite often, spoke to the gang activity in the City and how these things could be prevented if there were more activities for the youth, there is no funding for the Parks and Recreation Department of the City, they don’t get any support or help, he works at San Luis High School and he sees a lot of gang activity that could be prevented with more available activities, MAYOR VILLALTA stated that in the near future the Community Center will house a Boys and Girls Club that will host a variety of activities year round, he further noted that the City does not own the pool and that it in fact belongs to the Los Banos Unified School District; LAURIE BALATTI, spoke to pickle ball and how it is the fastest growing sport in North America, when looking for somewhere to hold games she and her husband noticed there are not many operating recreational site available to the community, hopes for a campaign or a fund to be put aside in order to get a pool built, recreation needs to become a priority in the City; MAYOR VILLALTA stated that these concerns have been discussed at a workshop that was just held and talked about these concerns that have been raised, funding options will be brought forward in the near future; RON BARTLETT, Los Banos, believes it would be a great idea to have some sort of community fund raising event that will benefit the kids of the community; SARAH POSEY, here in support of recreation programs for residents of all ages in the community, she has partaken in the pickle ball sport games at the Community Center and at the Racquet Club; JOHN FULTON, Los Banos, glad to hear Council respond to the speakers as sometimes he feels as though he is in an echo chamber, has been coming to the Council Meetings to speak on bicycle issues for years, invites anyone to go on a bike ride with him around the City so he can point out the many dangers bicyclists face; STEVE SEQUIERA, Los Banos, spoke in support of the pickle ball program and how Los Banos really needs more recreation programs and facilities. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis, seconded by Johnson-Santos to approve the consent agenda as follows: Check Register for #209481 – #209730 in the Amount of $528,053.67; Minutes for the March 9, 2018 Adjourned City Council Meeting; City Council Resolution No. 5944 – Authorizing the Application and Acceptance of San Joaquin Valley Air Pollution Control District Public Benefit Grant Programs for the Purchase of Five (5) Hybrid Vehicles for the Los Banos Police Department; City Council Resolution No. 5945 – Authorizing Award of Construction Contract to McElvany Inc. in the Amount of $200,575.05 with a 20% Contingency in the Amount of $40,000 for the Iowa Avenue Waterline Replacement; City Council Resolution No. 5946 – Authorizing the City Manager to Execute a Professional Service Agreement with Willdan Financial Services for a Comprehensive User Fee Study and Full Cost Allocation Plan and Adopting a Revised Budget for the 2017-2018 Fiscal Year as it Pertains to Expenditures. The motion carried by the affirmative action of all Council Members present, Faria absent. [Council Member Faria arrived at the Council Meeting at 7:41 pm and took his seat at the dais.] PUBLIC HEARING – 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; ORDINANCE NO. 1163 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS REPEALING AND AMENDING IN ITS ENTIRETY CHAPTER 1 OF TITLE 11 OF THE LOS BANOS MUNICIPAL CODE REGULATING BUSINESS LICENSES (FIRST READING & REINTRODUCTION) (CONTINUED FROM THE FEBRUARY 21, 2018 MEETING). City Attorney Vaughn presented the staff report noting that there were comments received from Geneva Brett in regards to real estate licensees in addition to other comments made from the public. There was a need to do some further research and examination of the ordinance before bringing it back for a reintroduction in order to address the concerns presented. The changes made to the ordinance were spoken to. Community & Economic Development Director Elms did a demonstration of the new business license application, which included a PowerPoint presentation. Mayor Villalta opened the public hearing. GENEVA BRETT, Los Banos, expressed her appreciation of the business license ordinance being updated and revamped, spoke of her appreciation to how Staff has been very responsive to her concerns and has kept in close communication with her, is happy that she is able to exercise her right to disagree with the choices of the Council and not be punished, she still doesn’t agree with Council on this matter but understands they have to go by the City Attorney’s guidance, she spoke to some other questions she has regarding the ordinance; WILL YORK, Los Banos, spoke to a portion of the ordinance regarding business license requirements for certain types of residential units on St. Patrick’s Drive and how there are actually people living in the back of these residences and how those will be addressed, spoke to traffic regarding home businesses and the requirements of a business license; CITY ATTORNEY VAUGHN answered the questions Mr. York presented; TISHA BLACKWOOD FREITAS, lives in Merced County but does business in Los Banos, requested clarification as to whether independent consultants would also need a business license; CITY ATTORNEY VAUGHN and COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR ELMS answered the inquiry presented by Ms. FREITAS; JOHN FULTON, Los Banos, spoke to solar panels/installation and how the rates that are presented that are associated with the panels cold stifle solar panel installation; CITY ATTORNEY VAUGHN addressed the concern MR. FULTON presented and noted that the situation he presented will not require a business license. No one else came forward to speak. Motion by Lewis, seconded by Johnson-Santos to waive the first reading of Ordinance No. 1163 – An Ordinance of the City Council of the City of Los Banos Repealing and Amending in its Entirety Chapter 1 of Title 11 of the Los Banos Municipal Code Regulating Business Licenses. The motion carried by the affirmative action of all Council Members present. Motion by Lewis, seconded by Johnson-Santos to reintroduce Ordinance No. 1163 – An Ordinance of the City Council of the City of Los Banos Repealing and Amending in its Entirety Chapter 1 of Title 11 of the Los Banos Municipal Code Regulating Business Licenses. The motion carried by the following roll call vote: AYES: Faria, Johnson- Santos, Lewis, Silveira, Villalta; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE LOS BANOS BICYCLE-PEDESTRIAN PLAN, WHICH INCLUDES A VISION FOR WALKING AND BICYCLING IN THE CITY OF LOS BANOS, POLICIES TO ACHIEVE THE VISION, PLANNED BICYCLE AND PEDESTRIAN NETWORKS, A PRIORITIZED LIST OF PROJECTS TO DEVELOP NETWORK, AND GUIDELINES FOR ELEMENTS; CITY COUNCIL RESOLUTION NO. 5947 – APPROVING AND ADOPTING THE CITY OF LOS BANOS BICYCLE-PEDESTRIAN PLAN. Public Works Director/City Engineer Fachin presented the staff report which included a PowerPoint presentation. There was Council Member and Staff discussion pertaining to enforcement plans and security measures that will be put in place in order to appease safety concerns that bicyclists face. Mayor Villalta opened the public hearing. TISHA FREITAS, Los Banos, spoke to how the map was confusing to her and asked for clarification regarding certain areas of the City; PUBLIC WORKS DIRECTOR/CITY ENGINEER FACHIN explained to her that there are no definite and final plans yet and that updates on the plans/maps could be obtained through his department; JOHN FULTON, Los Banos, spoke to how there are several enforcement issues and how the safety of bicyclists needs to be addressed, he made reference to a certain California Government Code Section; WILL YORK, Los Banos, spoke to how cars being unable to park on the streets would provide a safer environment and how there is documentation supporting this theory; DEBORAH TODD, Los Banos, thanked Mayor Pro Tem Lewis for bringing this issue forward for discussion, she is a frequent walker on the canal path and doesn’t believe she would feel any safer on these bike paths; PUBLIC WORKS DIRECTOR/CITY ENGINEER FACHIN and COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR ELMS addressed her concerns; No one else came forward to speak and the public hearing was closed. Motion by Silveira, seconded by Faria to adopt City Council Resolution No. 5947 – Approving and Adopting the City of Los Banos Bicycle-Pedestrian Plan. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2017 ANNUAL REPORT ON THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION; CITY COUNCIL RESOLUTION NO. 5948 – ADOPTING THE 2017 ANNUAL REPORT ON THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION. 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. Motion by Silveira, seconded by Faria to adopt City Council Resolution No. 5948 – Adopting the 2017 Annual Report on the Status of the Housing Element of the General Plan and Progress in its Implementation. The motion carried by the affirmative action of all Council Members present. DISCUSSION AND DIRECTION REGARDING DRIVEWAY/HARDSCAPE LOT COVERAGE LIMITATIONS; AND VEHICLE PARKING ON PRIVATE PROPERTY IN THE RESIDENTIAL ZONING DISTRICTS (R-1 AND R-2). Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. Mayor Pro Tem Lewis stated that she had some pictures she would like to share with Council and the public which shows the problems she sees in certain situations. Community & Economic Development Director Elms displayed the photos for all to see. Mayor Pro Tem Lewis spoke to how the habits of others regarding parking on unpaved surfaces and in backyards are presenting unsightly issues in neighborhoods and others in the area should have rights over the neighborhoods they reside in. HARRIET SCHOTT, Los Banos, spoke to how she bought her home twenty-one (21) years ago on a beautiful court and how over the years many of the homes have become rentals that are no longer single family dwellings that occupy multiple cars each, she has other cars parked in front of her house with trash in the area, one neighbor was spray painting cars in the backyard, some people just do not care, she feels unsafe in her neighborhood, suggested maybe having a limit on how many cars can be allowed for multiple family dwellings; RHONDA LOWE, Los Banos, thanked Mayor Pro Tem Lewis for bringing this discussion forward, she believes the community is not as beautiful as it used to be and that it needs to be brought back up, suggested putting forth an effort to get more volunteers for the Los Banos Police Department in order to help with enforcement, many houses have multiple cars parked in front of it, she comes from a city that would never allow this. There was Council Member and Staff discussion pertaining to how the current ordinance is weak and it needs to be improved along with Code Enforcement and the Police Department needing to be given the power they need in order to enforce the rules. Police Chief Brizzee stated that the Department is always looking for more volunteers and that the Code Enforcement division is very overwhelmed. Council asked Staff to provide appropriate tools to the Police Department as far as manpower and also ways to educate the community on what is expected and allowable in order to maintain a presentable and aesthetically pleasing community. Motion by Lewis, seconded by Faria to direct staff come back with a reasonable recommendation to address the issue of vehicle parking on the front-side yards and rear yards in R1 and R2 residential areas. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER REPORT. City Manager Terrazas thanked those who attended the meeting and gave their input. These are big issues that need to be addressed. He and Public Works Director/City Engineer Fachin will be following up with concerns that were brought forth regarding the recreation programs. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Mayor Pro Tem Lewis spoke to the Citizen’s Academy and what it entails regarding the City’s budget and how the budget is used. SCOTT SILVEIRA: Council Member Silveira also thanked those who attended the meeting and spoke their piece. He stated that he spoke to City Manager Terrazas and would like an overview of the Parks & Recreation Department and how money is being used in that area. TOM FARIA: Council Member Faria has nothing particular to report tonight except to thank those who attended the meeting and for the good conversation that arose from it. He wanted to note that he was late this evening because he had a school performance. DARONICA JOHNSON-SANTOS: Council Member Johnson-Santos wanted to thank Staff for taking the time to work on issues that Council presents and also to the community for coming out and speaking on their thoughts. MAYOR MICHAEL VILLALTA: Mayor Villalta spoke to the fact that all the subjects brought up tonight have been discussed at a workshop that was recently held. Approximately $28,000 was raised at the Los Banos Rotary Crab Feed on Friday, March 16, 2018. These funds will be going towards scholarships for students here in Los Banos. ADJOURNMENT. The meeting was adjourned at 9:56 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee______________ Lucille L. Mallonee, City Clerk