City Council Meeting
Regular MeetingLos Banos, CA · February 1, 2017
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
FEBRUARY 1, 2017
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 Attorney Vaughn, City Clerk/HR Director Mallonee,
Police Chief Brizzee, Finance Director Williams, Fire Chief Marrison, Community &
Economic Development Director Elms, Public Works Director/City Engineer Fachin and
Information Technology Director Spalding.
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Villalta stated that staff is
requesting that removal of item 11 – 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. City Attorney Vaughn
commented that they are working on this but are not quite ready to present anything
new tonight but are hoping to have something on February 15, 2017.
Motion by Faria, seconded by Silveira to approve the City Council Meeting agenda as
stated with the removal of item 11 – 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. The motion carried by
the affirmative action of all City Council Members present.
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. BERTHA
FARIA, Los Banos Chamber of Commerce, welcome to February, after a very
productive January the Chamber is looking forward to the upcoming year, welcomed six
new members to the Chamber of Commerce since her previous visit, Castro Business
Services offers mobile Notary Public services as well as loan signing, Lupe Castro can
be reached at 752-2583, Cara’s Consulting with Dr. Niko de Paz provides much needed
help and support to parents to children with Autism and will be hosting a special movie
event for those families on Saturday, February 18, 2017, beginning at 9:30 a.m. at
Premiere Cinemas, contact Cara’s Consulting on their website at www.asdcares.com or
call 489-6315, welcomed Hotel Mission de Oro in Santa Nella who kicked off their
membership by holding a photo contest in which the winner’ s picture will be spotlighted
on their website and will also receive a complimentary stay at the hotel, PMZ Real
Estate has joined the Chamber as well with realtor Jeanette Boyd offering her
hometown knowledge and ambition and can be reached at 675-3634, Central Valley
Geeks owned and operated by Dave Hogue is located at 924 Sixth Street and has been
serving Los Banos and the surrounding communities for over eleven years, Operation
Packing Company Inc. presented by the Moonshine Bandits and Shiner Nation is
dedicated to the collection, organization, packing, and sending of care packages to the
soldiers overseas, to donate items for shipment or for more information visit
operationpackingcompany.org, Friday is the deadline to order Marie Callendar pies from
the Los Banos Kiwanis Club for their Valentine’s Day Pie Sale, call any Kiwanis member
to place an order for $13 and pies can be picked up at the Miller and Lux Building on
February 14, 2017, held their first ribbon cutting of the year on Thursday for Grid
Alternatives who hosted the monthly Chamber Mixer at the Chamber office, they are a
501C3 certified non-profit organization that brings together community partners,
volunteers, and trainees to implement solar power and energy efficiency for low-income
families, and tonight Espana’s Restaurant is celebrating their 50 th Anniversary and will
be bringing their 1967 menu and is a sold-out event and is expecting over 500 people to
visit this evening, thanked the Amabiles and the rest of the Espana’s family for their
long-time Chamber membership and their combined service for the community,
tomorrow we will welcome Sutter Rural Clinic with a ribbon cutting at 4:00 p.m., they are
located at 1253 West I Street, on Friday Sheila Menezes and her staff at West Coast
Rayz N Sprayz located at 2220 E. Pacheco Boulevard will celebrate with a ribbon
cutting launching Esthetics by Cindy at 11:00 a.m. and will also hold an open house on
Saturday, February 11, 2017, beginning at 10:00 a.m., Tiger Youth Football signups will
be on the weekend of February 18th and 19th, 2017, in the parking lot from 9:00 a.m.
until 2:00 p.m., on Saturday, February 18, 2017, Antsy McClain and the Trailer Park
Troubadours will visit the Los Banos Arts Council at 7:00 p.m., get your tickets before
they sell out, thanked Council. No one else came forward to speak and the public forum
was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis
requested that item 6D – City Council Resolution No. 5834 – Amending Division 4,
Salary Schedule, Employee Classifications Relating to Changes to Section E – Public
Works be removed from the Consent Agenda.
Motion by Lewis, seconded by Faria to approve the consent agenda as amended as
follows: Check Register for #202794 – #203035 in the Amount of $692,608.07; Minutes
for the January 4, 2017 City Council Meeting; Minutes for the January 18, 2017 City
Council Meeting; City Council Resolution No. 5834 – Amending Division 4, Salary
Schedule, Employee Classifications Relating to Changes to Section E – Public Works;
City Council Resolution No. 5835 – Approving a Boundary Map and Declaring Its
Intention to Annex Property to the City of Los Banos Community Facilities District No.
2002-01 (Public Safety Services) and to Levy a Special Tax Therein to Finance Certain
Public Safety Services for Such Community Facilities District. The motion carried by the
affirmative action of all City Council Members present.
CITY COUNCIL RESOLUTION NO. 5834 – AMENDING DIVISION 4, SALARY
SCHEDULE, EMPLOYEE CLASSIFICATIONS RELATING TO CHANGES TO
SECTION E – PUBLIC WORKS. Council Member Lewis inquired as to the contract of
the cost of the janitorial services the City previously held for which Finance Director
Williams stated that there was two separate contracts, one being for servicing City Hall
in the approximate amount of $14,400 per year and the other contract for servicing the
Miller & Lux Building, the Child Development Center and the Public Works building on
Madison Avenue in the approximate amount of $19,700 per year, the employee being
hired for this custodian position would additionally be responsible for servicing the
Public Works building on F Street which would in turn eliminate the current part time
position that normally services that building, the total cost for cleaning services for those
locations for the current contract is approximately $37 or $38,000; Council Member
Lewis asked if the $42,00 included benefits for which Finance Director Williams
confirmed it does include the salary and the benefits based on the highest assumption
being employee plus family members.
Motion by Lewis, seconded by Silveira to approve City Council Resolution No. 5834 –
Amending Division 4, Salary Schedule, Employee Classifications Relating to Changes
to Section E – Public Works. The motion carried by the affirmative action of all Council
Members present.
CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5836
– ACCEPTING THE 2015-2016 FISCAL YEAR AUDIT REPORTS CONSISTING OF
THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), THE
GOVERNMENT AUDITING STANDARDS REPORT, AND THE ABANDONED
VEHICLE ABATEMENT PROGRAM FINANCIAL STATEMENTS. Finance Director
Williams thanked her staff members Kim Tomas and Rosemarie Souto and the staff at
Price and Paige for all the hard work they do regarding the City’s budget, continued on
with presenting the staff report. She then introduced Fausto, a managing partner with
Price, Paige and Company, who spoke in further detail to the audit reports.
Mayor Pro Tem Silveira stated that the City receives an unmodified audit opinion and
asked if Mr. Fausto explain in more detail what the language means because it’s a bit
confusing for which Mr. Fausto explained that when a report conducted on a certain
organization shows that they are conducting business as they should, it produces a
standard report which needs no modifications, therefore it is unmodified report.
Mayor Villalta stated that its come to be the norm in this City to have an unmodified
report, our finances are correct, and that fact is backed by an auditor, said that it is a big
headache that Council and the City Manager do not have to worry about when the
Finance department is fine tuned, thanked Finance Director Williams and her team for
the great job they have done.
Mayor Pro Tem Silveira praised the Finance Department and pointed out the certificate
of achievement they received for their excellence in financial reporting issued by the
Government Finance Officers Association, he has been here seven (7) years and it has
become the norm where we do not have findings compared to the years when he was
first here there were many findings and it has gotten better and better each year, once
more congratulated and thanked the Finance Department.
Finance Director Williams spoke about the award and stated that was the second year
the department received that award and they are anticipating to once again receive the
award for the 2015-2016 fiscal year and will inform Council when it comes through.
Council Member Faria congratulated the staff and thanked the auditing company, noted
how the Finance staff is top-notch, they had a lot of work to do years ago and have
come a long way to where they are now, the City is one of the most financially sound
cities in the State.
Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 5836 –
Accepting the 2015-2016 Fiscal Year Audit Reports Consisting of the Comprehensive
Annual Financial Report (CAFR), the Government Auditing Standards Report, and the
Abandoned Vehicle Abatement Program Financial Statements. The motion carried by
the affirmative action of all City Council Members present.
ADVISEMENT OF PUBLIC NOTICES (No Report).
CITY MANAGER REPORT. City Manager Terrazas stated that in February we will be
having a Traffic Safety Month where the Los Banos Police Department will begin a
month-long city event focusing on pedestrian safety and distracted drivers, rescheduled
MCAG presentation for February 15, 2017 for council’s consideration.
CITY COUNCIL MEMBER REPORTS.
SCOTT SILVEIRA: Stated that he attended the Empty Bowls festivities last week,
plenty of soup and a lot of bowls, loves the French Onion soup, really good turn out and
commended the Rotary and all the volunteers for a job well done and for raising money
for a good cause.
TOM FARIA: Stated that those that attended the Frank Wiens concert saw people
there from Santa Cruz, Fresno, Dos Palos, had a wonderful time, very appreciative of
the audience and the beautiful concert, the Arts Council does a lot to support them and
will continue to do so, spoke about how his high school choir gets to attend an opera on
a scholarship, the San Francisco Opera comes in groups to town and he has been
talking with the Arts Council to possibly hold some type of Opera workshop for the
children in Los Banos, next week the Arts Council will host the Trailer Park Troubadours
performance, very funny group, believes that will be on February 18, 2017, Kiwanis pie
fundraiser is always a welcome addition to the holiday, thanked the City and County
firemen for helping cook chicken for the choir dinner fundraiser, was a very successful
event selling over 300 dinners, La Morenita donated the beans, rice and tortillas and
does a lot of other donating to help make the choir a financial success, thanked
Assistant Fire Chief Hurley for leading the firemen in this event, see you in a couple
weeks, thanks.
DARONICA JOHNSON-SANTOS: Apologized for being absent from the last council
meeting, thanked City staff for sending her to the League of California Cities conference
where she learned a lot and engaged in networking, thanked the City Manager for
preparing her for the conference.
DEBORAH LEWIS: Congratulated Finance Director Williams and the financial staff for
the great job they have done, ever since she has been on Council they have received
great reviews, really proud of our staff for putting us in the position that we are in as far
as monitoring finances and elevating us to the status we are at as far as awards
received, thanked them again, had the opportunity to attend the Empty Bowls event
and you do not go away hungry, noticed the youth made most of the bowls, joked about
how she picked a very nice bowl but the City Manager grabbed the bowl she wanted,
was a very well-attended and wonderful gathering with great purpose, thanked the
Rotary Club for putting on the event, attended the Frank Wiens concert at the Arts
Council and spoke about how she loves classical music, it was a site to be hold,
encouraged others to attend his concert if he returns and other concerts put on by the
Arts Council.
MAYOR MICHAEL VILLALTA: Stated that alot has been said about the Empty Bowls
event, this year the Rotary donated $3,000.00 to the canned food drive and Police Chief
Brizzee donated his hair, 8,000 cans were collected this year, if they collect 12,000 cans
next year he will let them cut his hair, thanked Chief Brizzee for his contributions to this
cause over the years, on behalf of the City Council he contacted Senator Feinstein’s
office to ask them to help intervene on the situation of the father and daughter from our
City being held overseas and they, along with Congressman Costa are at a San
Francisco office and they are working diligently to bring them home, heard on the news
that an attorney has secured a way to bring them back but we will see, this Council did
want to weigh in on this and we wish them a safe return home, at the February 15,
2017, City Council meeting there will be a presentation by MCAG, Anthony Zepeda will
be here to talk about the recently passed Measure V and how the “Westside” can start
utilizing these funds along with State and Federal funds in order to achieve our projects,
funds from Measure V alone will not secure any large projects, reminded all that this is
Black History month and many people are celebrating to let individuals know the
struggles that were conquered so many years ago.
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. Removed from
the agenda at the beginning of the meeting.
CLOSED SESSION – PUBLIC EMPLOYEE EMPLOYMENT, CITY ATTORNEY,
PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.
ADJOURNMENT. The meeting was adjourned at 8:42 p.m.
APPROVED:
/s/ Michael Villalta__________
Michael Villalta, Mayor
ATTEST:
/s/ Lucille L. Mallonee______________
Lucille L. Mallonee, City Clerk
Agenda
LOS Banos
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 1, 2017
If you require special assistance to attend or participate in this meeting, please call the
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.
****************
Si requiere asistencia especial para atender 0 participar en esla junta por favor /Jame a fa oricina
de /a Secretaria de /a ciudad 81 (209) 827~7000 a /0 menos de 48 horas previas de /a junta.
La Guidad de Los Banos Gumple con /a Acta de Americanos con Deshabilidad (ADA) de 1990.
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,orq.
* ********** *
Cualquier escritura 0 los documentos proporcionaron a una mayorfa del Ayuntamiento respecto a cualquier
articulo en este orden del dfa sera hecho disponible para la
inspecci6n publica en la reunion 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,
1. CALL TO ORDER. 7:00 PM
2, PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Faria _ , Johnson-Santos _ , Lewis _ , Silveira _ , Villalta _
4. CONSIDERATION OF APPROVAL OF AGENDA.
5. 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;
Los Banos City Council Agenda February 1, 2017 Page 1013
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.)
6. 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 #202794 - #203035 in the Amount of $692,608.07.
Recommendation: Approve the check register as submitted.
B. Minutes for the January 4, 2017 City Council Meeting.
Recommendation: Accept the minutes as submitted.
C. Minutes for the January 18, 2017 City Council Meeting.
Recommendation: Accept the minutes as submitted.
D. City Council Resolution No. 5834 - Amending Division 4, Salary Schedule,
Employee Classifications Relating to Changes to Section E - Public Works.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 5835 - Approving a Boundary Map and Declaring
Its Intention to Annex Property to the City of Los Banos Community Facilities
District No. 2002-01 (Public Safety Services) and to Levy a Special Tax
Therein to Finance Certain Public Safety Services for Such Community
Facilities District.
Recommendation: Adopt the resolution as submitted.
7. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO.
5836 - ACCEPTING THE 2015-2016 FISCAL YEAR AUDIT REPORTS
CONSISTING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR), THE GOVERNMENT AUDITING STANDARDS REPORT, AND THE
ABANDONED VEHICLE ABATEMENT PROGRAM FINANCIAL STATEMENTS.
Recommendation: Receive staff report and adopt the resolution as submitted.
8. ADVISEMENT OF PUBLIC NOTICES. (No Report)
9. CITY MANAGER REPORT.
10. CITY COUNCIL MEMBER REPORTS.
A. Scott Silveira
B. Tom Faria
Los Banos City Council Agenda - February 1, 2017 Page 2 013
C. Daronica Johnson-Santos
D. Deborah Lewis
E. Mayor Mike VillaIta
11. 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.
12. CLOSED SESSION - Public Employee Employment, City Attorney, Pursuant to
Government Code Section 54957.
13. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing
agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
i?~f.~q~
Lucille L. Mallonee, City Clerk Dated this 26'h day of January 2017
Los Banos City Council Agenda - February 1, 2017 Page 30f3
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