City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 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 7:01 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; Absent: None. STAFF MEMBERS PRESENT: City Manager Terrazas, City Attorney Vaughn, Deputy City Clerk/Admin Clerk I Blevins, Police Chief Brizzee, Fire Chief Hurley, Finance Director Williams, Community & Economic Development Director Elms, City Treasurer/Accounting & Budget Supervisor Tomas, Public Works Director/City Engineer Fachin. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Silveira, seconded by Faria to approve the City Council Meeting agenda. The motion carried by the affirmative action of all City Council Members present. PROCLAMATION – RECOGNIZING THE MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH. Mayor Villalta presented the proclamation to multiple representatives of Valley Crisis Center. Chee Yang thanked the Council for their support and spoke to the services provided by Valley Crisis Center. She encouraged community participation in the Peace for Families March that is to be held on October 16, 2018 at 5:30 p.m. It will begin at Pacheco Park and end at the Los Banos Community Center. There will be a fundraiser going on all month long to support the individuals of domestic abuse and more information can be sought by contacting Valley Crisis Center. She introduced the other representatives that were present with her and noted the students present and how they created artwork in support of domestic violence awareness. 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 opened the public forum. BRENDA LATHAM, Dean of Merced College Los Banos campus, spoke to the open house event for the new welding program on October 9, 2018 at 2:00 p.m. at 60 G Street in suites A and B; DEAN NELSON, spoke to how St. John’s Lutheran Church will be holding a Smorgasbord event where women and children dress up and serve a variety of foods, there will be over thirty items served, call the Church office for tickets, he extended a welcome to everyone to attend on October 16th, 2018; PATRICIA McCOY, Los Banos, spoke to the annual Los Banos Veteran’s Parade that will be held on Saturday, November 3, 2018 at 11:00 a.m., the theme is We Salute You for the Army, asked the public to send any interested Veterans her way who would like to participate, email her at lbveterans@gmail.com for more information, on a separate note, she lives off I Street and spoke to how shameful the main City of Los Banos sign is that is located at the beginning of Pacheco Boulevard by the Shell gas station, the sun has faded the logo, it is cracked and it needs to be addressed; KATIE WINDERS, Oakdale, Small Business Development Center Director, thanked City Manager Terrazas for working with them, she spoke to accomplishments the organization has attained in the previous years and to some upcoming activities and classes that will be held, a Business-to-Business networking event will be held on October 11, 2018, looks forward to the next year; SUSANNE PALAZZO, Director of Marketing at NTD Media, she is in the process of wrapping up the sixth season of Dine Out Along the Road, the first episode was filmed here in Los Banos, the past Monday there was a wonderful VIP party held at Wool Growers restaurant, the episode will be aired on October 13th, 2018 at 5:00 p.m., thanked Mayor Villalta, Mayor Pro Tem Lewis and Planning Commission Chairman John Cates for attending the preview event; ELAINE CORY, Los Banos, addressed the survey for the downtown business owners in Los Banos regarding the downtown revitalization project, stated that the survey was vague and would like it to be redone and redistributed with a longer deadline, she had other concerns in regards to voting, how votes are to be counted and who decides what, claims the donation made at the September 5, 2018 City Council Meeting is not really going to the revitalization project because the Downtown Association will use it to how it sees fit; MAYOR VILLALTA asked Community & Economic Development Director Elms whether she will be reporting updates on the project or if it would be the Downtown Association for which Community & Economic Development Director Elms stated she would be reporting back to Council. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Johnson- Santos, seconded by Silveira to approve the consent agenda as follows: Check Register for #212587 – #212807 in the Amount of $1,756,429.88; Minutes for the September 19, 2018 City Council Meeting; City Council Resolution No. 6013 – Adopting a Revised Budget for the Fiscal Year 2018-2019 as it Pertains to Increasing Expenditures in the Amount of $20,000 for the Fire Department Vehicle Repair & Maintenance Account; City Council Resolution No. 6014 – Authorizing the Purchase of Employment Practices Liability Insurance and Adopting a Revised Budget for the 2018-2019 Fiscal Year as it Pertains to Expenditures in the Amount of $60,199.34; City Council Resolution No. 6015 – Approving Closure of Non-Essential City Offices on December 24, 26 and 31, 2018. The motion carried by the affirmative action of all Council Members present. PRESENTATION REGARDING THE MERCED COUNTY CONTINUUM OF CARE – BY MICHELLE ROE, DEPUTY DIRECTOR OF MERCED COUNTY HUMAN SERVICES AGENCY. Mayor Villalta asked Police Chief Brizzee to come forward and introduce the representative from the Merced County Human Services Agency. Police Chief Brizzee spoke to his experience working with the agency and how amazing his experience has been. He introduced Ms. Roe who spoke regarding the Merced County Continuum of Care and provided a brief history of the organization and the program. Funding issues and sources were identified and discussed. Pastor Steve Hammond came forward to speak on the services that are currently offered in Los Banos and how there are more services on this side of the county than ever before. Ms. Roe continued on with her presentation of the information regarding the continuum of care. There was Council Member discussion with Ms. Roe and Pastor Hammond regarding various grants that are available. Council is interested in hearing numbers regarding the homeless and which ones have mental health issues, drug abuse problems, suffering from bad luck, or those who choose that lifestyle. There are discussions in place regarding how to make mental health and emergency sources quickly available for those that are in need. Council would like to have the homeless issue analyzed and would like this item brought back with updates regarding the homeless population and the circumstances for their situations. Informational item only, no action taken. PRESENTATION BY THE TREE COMMISSION. Tree Commissioner John Spevak presented the staff report which included a PowerPoint presentation. Informational item only, no action taken. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ADOPTION OF AN ORDINANCE TO ESTABLISH THE REGULATION AND PROCESSING OF ACCESSORY BUILDINGS AND STRUCTURE (SHADE CANOPIES, PATIO COVERS, SHEDS, CARPORTS, AND OTHER OUTBUILDINGS OR STRUCTURES) IN THE LOW DENSITY AND MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS (R-1 AND R-2); ORDINANCE NO. 1164 – AMENDING ARTICLE 18 CHAPTER 3 OF TITLE 9 OF THE LOS BANOS MUNICIPAL CODE AND ADDING ARTICLE 44 TO CHAPTER 3 TITLE 9 RELATING TO ACCESSORY BUILDINGS AND STRUCTURES (SECOND READING & ADOPTION). Community & Economic Development Director Elms presented the staff report. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Lewis, seconded by Johnson-Santos to waive the second reading of Ordinance No. 1164 – Amending Article 18 Chapter 3 of Title 9 of the Los Banos Municipal Code and Adding Article 44 to Chapter 3 Title 9 Relating to Accessory Buildings and Structures. The motion carried by the affirmative action of all Council Members present. Motion by Lewis, seconded by Johnson-Santos to adopt Ordinance No. 1164 – Amending Article 18 Chapter 3 of Title 9 of the Los Banos Municipal Code and Adding Article 44 to Chapter 3 Title 9 Relating to Accessory Buildings and Structures. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None; ABSENT: None. NOTICE AND ANNOUNCEMENT OF VACANCIES ON THE FOLLOWING COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION – THREE (3) VACANCIES; ECONOMIC DEVELOPMENT ADVISORY COMMISSION – THREE (3) VACANCIES; PARKS & RECREATION COMMISSION – THREE (3) VACANCIES; PLANNING COMMISSION – FOUR (4) VACANCIES; TREE COMMISSION – TWO (2) VACANCIES; MEASURE P COMMITTEE – TWO (2) VACANCIES. Informational item only, no action to be taken. ADVISEMENT OF PUBLIC NOTICES (Three Reports). Community & Economic Development Director Elms stated that three public hearings will be held at the Planning Commission Meeting on Wednesday, October 10, 2018 at 7:00 p.m. in the Council Chambers regarding a site plan review for the development of a shopping center to be located at the southeast corner of Mercey Springs Road and Overland Avenue, a conditional use permit for a Type 41 alcohol license for Round Table Pizza, and a revision of a Type 23 alcohol license for Paraiso Brewery. CITY MANAGER REPORT. City Manager Terrazas thanked Staff for their assistance at the Salute to Senior event and commended Fire Chief Hurley for a job well done as the main host. He introduced and welcomed Joe Heim as the City’s new Parks and Recreation Operations Manager. CITY COUNCIL MEMBER REPORTS. SCOTT SILVEIRA: Council Member Silveira stated that two local residents returned this evening from the Honor Flight and mentioned a reception to be held for them at Andy Clark’s house to give them a welcome home. TOM FARIA: Council Member Faria stated that there was a lot going on in the community in the coming months such as the Peace for Families March, the Smorgasbord, the open house for the new welding program, and the Dine Out Along the Road episode airing which will feature Los Banos. He requested an update on the industrial park and whether there is any interest in a recruiting firm. DARONICA JOHNSON-SANTOS: Council Member Johnson-Santos spoke to her attendance at the Westside Union Elementary School safety meeting and thanked the school for inviting her to attend. DEBORAH LEWIS: Mayor Pro Tem Lewis thanked Ms. Palazzo for making sure Los Banos is on the map by featuring it in the first season of Dine out Along the Road. She looks forward to its presentation on TV and encouraged the community to tune in. The Peace for Families March is a great event and she encouraged the community to participate. There will be a Harvest Fest on October 31, 2018 at 821 West L Street as an alternative to trick-or-treating. There will be carnival games, a food court, a cake walk, and candy. The community loves it and she encouraged the all to attend. MAYOR MICHAEL VILLALTA: Mayor Villalta reminded everyone that the Tomato Festival is coming up this weekend and will go on until 7:30 p.m. There is a lot of good food including fried green tomatoes. He echoed a reminder of the Veterans Parade to be held on November 3, 2018. The Salute to Senior event was a great event that has been going on for the last 34 years. It is not just a local event, it is a county event as well and many awards were given out to deserving people. He thanked all who were involved in putting it on. The Dine Out Along the Road TV show will be airing soon and they presented various places in Los Banos and there are a lot of other places that can be highlighted as well. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE GOVERNMENT CODE: 90-DAY NOTICE OF VIOLATIONS AND INTENT TO FILE SUIT UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT FROM CALIFORNIA RIVER WATCH, DATED SEPTEMBER 3, 2018. No reportable action. CLOSED SESSION - PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, TITLE: CITY MANAGER. No reportable action. ADJOURNMENT. The meeting was adjourned at 10:40 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Sara Blevins______________ Sara Blevins, Deputy City Clerk