City Council Agenda Packet
Regular MeetingLos Banos, CA · January 20, 2021
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JANUARY 20, 2021
ACTION MINUTES – These minutes are prepared to depict action
taken for agenda items presented to the City Council. For detail of
this meeting refer to the electronic media (CD and/or audio) kept as
a permanent record.
SPECIAL NOTE: This meeting was held by teleconference due to the
COVID-19 Pandemic.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of
4:00 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett
Jones, Ken Lambert, Deborah Lewis, Mayor Tom Faria; ABSENT: None.
STAFF MEMBERS PRESENT: City Manager Terrazas, City Attorney Vaughn, City
Clerk/Human Resources Director Mallonee, Finance Director Williams, Community &
Economic Development Director Elms, Acting Public Works Director/City Engineer
Pezeshk, Police Chief Brizzee, Fire Chief Hurley.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by
Lambert to approve the City Council Meeting agenda as submitted. The motion carried
by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None;
ABSENT: None.
ADMINISTRATION OF OATH OF OFFICE TO APPOINTMENT OFFICIAL - COUNCIL
MEMBER REFUGIO M. LLAMAS – DISTRICT 2. City Clerk Mallonee administered the
Oath of Office to Council Member Refugio Morales LLamas.
ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett
Jones, Ken Lambert, Deborah Lewis, Refugio LLamas, Mayor Tom Faria; ABSENT:
None.
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 Faria opened the public
forum and asked the City Clerk if she had received any comments by email, for which
City Clerk Mallonee stated that no comments were received and the public forum was
therefore closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis,
seconded by Lambert to approve the consent agenda follows: Check Register for
#225230 – #225350 in the Amount of $757,395.64; Minutes for the December 16, 2020
City Council Meeting; City Council Resolution No. 6308 – Appointing Members to the
Measure P Citizens Oversight Committee, Deborah “DJ” Barcellos & Diana Thurston,
Terms Expiring December 31, 2023; City Council Resolution No. 6309 – Amending the
Fiscal Year 2020/2021 Budget by Increasing Permit Revenues in the Amount of
$600,760, Building Plan Check Fee Revenues in the Amount of $61,092, Encroachment
Fee Revenues in the Amount of $11,547 and Corresponding Increase in Expenditures for
Technical Services in the Amount of $428,013 in the Building Department Budget
Associated with Building Permit Activity; City Council Resolution No. 6310 – Rescinding
Resolution No. 6263 and Approving the Memorandum of Understanding (MOU) between
the City of Los Banos and the County of Merced, Department of Public Health, Division
of Environmental Health Regarding On-Site Wastewater Treatment Systems (OWTS).
The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas,
Mayor Faria; NOES: None; ABSENT: None.
FINANCE/INFORMATION TECHNOLOGY DEPARTMENT REORGANIZATION – CITY
COUNCIL RESOLUTION NO. 6311 – AMENDING DIVISION 4 - SALARY SCHEDULE
AS IT PERTAINS TO CHANGES RELATED TO SECTION B - FINANCE. City Manager
Terrazas presented the staff report, making note that based upon the Finance/IT
reorganization and associated salary range adjustment, the Finance Director’s salary will
be increased by 5% to $12,346 monthly ($148,152 annually) retroactive to January 1,
2021.
Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6311 –
Amending Division 4 - Salary Schedule as It Pertains to Changes Related to Section B -
Finance. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis,
LLamas, Mayor Faria; NOES: None; ABSENT: None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6312 –
AUTHORIZING THE CITY MANAGER TO SUSPEND LATE PENALTIES FOR
DELINQUENT WATER, WASTEWATER, SOLID WASTE SERVICES AND BUSINESS
LICENSE FEES. Finance Director Williams presented the staff report.
Staff was asked if the suspension of late fees could be backdated to July of 2020 for
which Finance Director Williams stated that if that happened, late charges would have to
be returned to those affected account holders, which would negatively impact the budget
and postpone any purchases or projects that have already begun. It was decided that the
suspension of late fees would begin on February 1, 2021.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6312 –
Authorizing the City Manager to Suspend Late Penalties for Delinquent Water,
Wastewater, Solid Waste Services and Business License Fees. The motion carried by
the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES:
None; ABSENT: None.
CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 6313 –
NOMINATING A CANDIDATE TO THE SPECIAL CITY SELECTION COMMITTEE FOR
APPOINTMENT TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL
DISTRICT GOVERNING BOARD. Motion by Faria, seconded by Jones to adopt Council
Resolution No. 6313 – Nominating a Candidate, Council Member Deborah Lewis from
the City of Los Banos, to the Special City Selection Committee for Appointment to the
San Joaquin Valley Air Pollution Control District Governing Board. The motion carried by
the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES:
None; ABSENT: None.
COVID-19 STATUS UPDATE. City Manager Terrazas provided an update on COVID-
19 referencing and showing the Merced County COVID-19 website and all the information
that it provides, regarding COVID-19 testing, resources and vaccinations. He also
reported on the statistics shown on the website and how he is actively advocating for
more vaccinations for Merced County. City staff is working with Merced County on staffing
vaccination sites with City paramedics being able to help out and administer vaccines.
Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6314 –
Continuing the Declaration of the Existence of a Local Emergency within the City of Los
Banos. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis,
LLamas, Mayor Faria; NOES: None; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES (No Report).
CITY MANAGER REPORT. City Manager Terrazas provided a brief update on Republic
Services and how services were pushed back a day due to the holiday. He is finalizing a
letter to be sent to Republic Services in hopes to resolve the issues with the garbage
services in the community.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that his first MCAG meeting would be tomorrow. He spoke to PCE
and how the City is always looking for revenue in order to help boost the power of the
PCE operations. There was no report regarding the Measure V Committee.
CITY COUNCIL MEMBER REPORTS.
DEBORAH LEWIS: Council Member Lewis asked if there was a date certain where
letters would be going out to the community giving them the option to opt in or out of the
PCE program for which City Manager Terrazas stated that those letters would be going
out 60 days prior to the launch date and that the City is currently in the planning phases
regarding community outreach.
Council Member Lewis congratulated Council Member LLamas on his appointment to the
City Council and stated that she is looking forward to working with him and feels he will
do a fine job representing District 2.
REFUGIO LLAMAS: Council Member Llamas Inquired as to whether the City has
finalized a plan of action for Republic Services’ decline in providing services for which
City Manager Terrazas stated that City staff is finalizing a letter to be sent to Republic
Services regarding the concerns with the services they are providing and the potential to
seek liquidated damages, however the ultimate goal is to sit down with Republic Services
and have a meaningful conversation. No further information was provided, as the topic is
not an agenda item.
BRETT JONES: No report.
KEN LAMBERT: Council Member Lambert congratulated Council Member Llamas on
his appointment and stated that he is looking forward to working with him in the future.
MAYOR TOM FARIA: Mayor Faria congratulated Council Member LLamas and stated
that he is looking forward to working with him. He spoke regarding the event held for
Martin Luther King Day on Monday, January 18 in front of City Hall. He further spoke to
the recent homeless meeting he had with Assemblymember Gray and City Manager
Terrazas. The COVID-19 vaccine clinics are starting to partake in Merced County and he
is still figuring out the best way to produce and share the weekly video updates he is
planning on providing to the public.
ADJOURNMENT. Motion by Lewis, seconded by Jones to adjourn the meeting at 5:05
P.M. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis,
LLamas, Mayor Faria; NOES: None; ABSENT: None.
APPROVED:
/s/ Manuel Thomas Faria III____
Manuel Thomas Faria III, Mayor
ATTEST:
/s/ Lucille L. Mallonee_________
Lucille L. Mallonee, City Clerk
Agenda
LOS Banos _ms.sroaL.~ of Califo
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JANUARY 20, 2021 - 4:00 PM
Temporary Public Comment Email Established for the City of Los Banos
City Council Meeting of January 20, 2021 - emails must be received by 4:00 PM:
The City has established a temporary email address citizens can use to email public
comments on any agenda item, limited to 250 words or less. Any public comments
received by January 20, 2021 prior to 4:00 PM will be read aloud during the
appropriate time and agenda item.
The email address is cityclerk@losbanos.org
Public comment during Public Hearings will be taken in real time via email.
Once the Public Hearing is opened, the City Council will pause the meeting in order to
receive emails directed at the Public Hearing (up to 250 words) and will read
comments into the record after resuming the meeting, as time permits.
Please indicate that comments are for a particular Public Hearing by putting
"Public Hearing" in the subject line of the email and the title of the Public Hearing.
The Council Chambers are closed to the public, those interested in viewing the
City Council meeting can do so on the City of Los Banos' Website at:
https:llwww.youtube.com/channel/UC3sy5 slYr3447mZsrgl5Tg
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City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990.
* * .. * * * * * * . * * 'It * . . .
Si requiere asistencia especial para atender 0 participar en esta junta por favor /lame a la oficina
de la Secretaria de la ciudad al (209) 827-7000 a 10 menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.
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Any writings or documents provided to a majority of the City Council
regarding any item on this agenda will be made available for public inspection at the meeting
and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California
during normal business hours. In addition, such writings and documents may be posted
on the City's website at www.losbanos.ora.
***** ............. *_.
Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier
articulo en este orden del dfa sera hecho disponible para la
inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos
pueden ser anunciados en el website de la ciudad en www.losbanos.orq,
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Los Banos City Council Agenda - January 20, 2021 Page 10f4
1. CALL TO ORDER. 4:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __, Lambert __, Lewis __, Faria __
4. CONSIDERATION OF APPROVAL OF AGENDA.
5. ADMINISTRATION OF OATH OF OFFICE TO APPOINTMENT OFFICIAL.
A. Council Member Refugio M. Llamas - District 2
6. ROLL CALL: (City Council Members)
Jones __, Lambert __, Lewis __, Llamas __, Faria __
7. 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 Council;
includes agenda and non-agenda items. No action will be taken on non-agenda
items. Speakers may submit their comments by submitting a written statement,
limited to 250 words or less, by dropping it off in the Utility Payment Box at City Hall,
520 J Street, by mail or emailing cityclerk@losbanos.org. Comments received will
be read into the record during the City Council Meeting.)
8. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the
Consent Agenda are considered to be routine and will be voted on in one motion
unless removed from the Consent Agenda by a City Council Member.)
A. Check Register for #225230 - #225350 in the Amount of $757,395.64.
Recommendation: Approve the check register as submitted.
B. Minutes for the December 16, 2020 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6308 - Appointing Members to the Measure P
Citizens Oversight Committee, Deborah "OJ" Barcellos & Diana Thurston,
Terms Expiring December 31,2023.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6309 - Amending the Fiscal Year 2020/2021
Budget by Increasing Permit Revenues in the Amount of $600,760, Building
Plan Check Fee Revenues in the Amount of $61,092, Encroachment Fee
Revenues in the Amount of $11,547 and Corresponding Increase in
Los Banos City Council Agenda - January 20, 2021 Page 20f4
Expenditures for Technical Services in the Amount of $428,013 in the Building
Department Budget Associated with Building Permit Activity.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6310 - Rescinding Resolution No. 6263 and
Approving the Memorandum of Understanding (MOU) between the City of Los
Banos and the County of Merced, Department of Public Health, Division of
Environmental Health Regarding On-Site Wastewater Treatment Systems
(OWTS).
Recommendation: Adopt the resolution as submitted.
9. FINANCE/INFORMATION TECHNOLOGY DEPARTMENT REORGANIZATION.
A. City Council Resolution No. 6311 - Amending Division 4 - Salary Schedule as
It Pertains to Changes Related to Section B - Finance.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6312-
AUTHORIZING THE CITY MANAGER TO SUSPEND LATE PENALTIES FOR
DELINQUENT WATER, WASTEWATER, SOLID WASTE SERVICES AND
BUSINESS LICENSE FEES.
Recommendation: Receive staff report and adopt the resolution as submitted.
11. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO.
6313 - NOMINATING A CANDIDATE TO THE SPECIAL CITY SELECTION
COMMITIEE FOR APPOINTMENT TO THE SAN JOAQUIN VALLEY AIR
POLLUTION CONTROL DISTRICT GOVERNING BOARD.
Recommendation: Identify the candidate to be nominated and adopt the resolution as submitted.
12. COVID-19 STATUS UPDATE.
A. City Council Resolution No. 6314 - Continuing the Declaration of the Existence
of a Local Emergency within the City of Los Banos.
Recommendation: Receive staff report and adopt the resolution as submitted.
13. ADVISEMENT OF PUBLIC NOTICES. (No report)
Recommendation: Informational item only, no action to be taken.
14. CITY MANAGER REPORT.
15. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - January 20, 2021 Page 30(4
16. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria
17. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
?~da was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
d~/\Q~_J?i2sLA~'
Sara Blevins, Deputy City Clerk Dated this 15th day of January 2021
Los Banos City Council Agenda - January 20, 2021 Page 40f4
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