City Council Meeting
Regular MeetingLos Banos, CA · April 18, 2018
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
APRIL 18, 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, City
Clerk/Human Resources Director Mallonee, Police Chief Brizzee, Fire Chief Hurley,
Finance Director Williams, City Treasurer/Accounting & Budget Supervisor Tomas,
Public Works Director/City Engineer Fachin.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, seconded by
Lewis to approve the City Council Meeting agenda as submitted. 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. RICK
TOSCANO, Los Banos, Chairman of the American Legion Post Boys State Program,
explained what happens at the Boys State Program held at Sacramento State
University, a candidate is selected from each high school in Los Banos as well as an
alternate, Mike Hughes & Alan Cotta sit with him on the interview panel, this year’s
candidates are: Parker Smith of Los Banos High School, Eric Manzaneres of Pacheco
High School and Adrian Marquez as the alternate; JENNIFER HALPIN, Merced County
Regional Waste Management Authority, spoke regarding the no-cost City’s Spring
Clean Up Event being held on April 21, 2018 from 7:00 a.m. until 2:00 p.m. and
explained the services offered that day noting the Household Hazardous
Waste/Materials Event will take place at the same time and location; SANDY LEMAS,
Los Banos, currently the President of Habitat for Humanity and will be talking about
agenda item 9, wanted to note that they are clearly a non-profit organization and spoke
to how they raise money and to the five homes they have built in the program, a lot of
time and work goes into these projects, she asked the Council to not deny the waiver of
fees and mentioned that the school district has already waived their fees; RHONDA
LOWE, Los Banos, spoke regarding the first planning meeting for Love Los Banos
which will be held at the Salvation Army Community Center located at 1235 4th Street at
6:30 p.m., the group will decide on one project they will do this coming year to bring
pride to the community, on the second Tuesday of every month at 9:00 a.m. at the
Community Center there will be a workshop held for anyone interested in starting a
small business within the City; JOHN FULTON, Los Banos, looked at the agenda and
thought there must be a typo as there is a recommendation to deny the Habitat for
Humanity waiver of fees and feels this goes against Council’s beliefs of wanting to do
more for the community, spoke to how City personnel are maintaining landscaping
around political signs and are causing a conflict of interest, he believes strong voices
are speaking for the wrong people; MARK BODLEY, Los Banos - appointed
representative to the Merced County Mosquito Abatement District, spoke to the written
report that was provided to Council in regards to the District’s activities for 2017, he
spoke to the satellite office located on Deep Well Road which houses a lab and also
aircraft that is used to spray for mosquitoes over breeding grounds, their mission is to
prevent the spread of diseases carried by mosquitoes, a project they are partaking on
this summer is to tackle neglected swimming pools that are becoming breeding
grounds. 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 #209933 – #210187 in the Amount of $1,910,386.93; Minutes for the April
4, 2018 City Council Meeting; City Council Resolution No. 5949 – Concerning the
Industrial Disability Retirement of Police Officer Preston Jelen; City Council Resolution
No. 5950 – Accepting the City Hall Addition as Complete and Authorizing the Filing of a
Notice of Completion with the Merced County Recorder for the Construction of City Hall
Addition with Arts Construction Company Inc. The motion carried by the affirmative
action of all Council Members present.
LOS BANOS COMMUNITY SERVICE NETWORK GRANT – BY JEFF KETTERING,
MERCED COUNTY CHIEF PROBATION OFFICER. Jeff Kettering, Merced County
Chief Probation Officer, spoke regarding the Los Banos Community Service Network
Grant and introduced Devon Hillard from SWAG – Students with Aspiring Goals
program. He explained what the program was all about and the services they provide to
the youth in the community.
There was Council Member discussion with the speakers in regards to the program
location, the program’s history, and what the activity has been since it has began. There
was further talk pertaining to how youth get involved/referred to this program, how these
services support these youth and their families and discussion pertaining to funding.
Informational item only, no action taken.
RECREATION PROGRAM UPDATE PRESENTATION. Rob Baker, Recreation
Coordinator II of the Public Works Department, presented the Recreation Program
Update, which included a PowerPoint presentation.
The Council Members expressed their pride and appreciation for the Recreation
Division as there are not many staff members in that Department and they have to work
hard to get things done and accomplished. Council additionally expressed their
excitement to the fact that that there is a Boys and Girls Club being brought to Los
Banos.
There was Council Member and Staff discussion pertaining to the sports programs the
Recreation Department offers, the fees associated with these programs and what
participants get in exchange for these fees. The growing population and the growing
number of participants in these programs were discussed and what is being done in
order to keep up with these growing numbers. The Council would like to make
investments in the future to the Recreation Program as they feel it is important to the
youth in the community.
Informational item only, no action taken.
CONSIDERATON OF A REQUEST FROM HABITAT FOR HUMANITY WESTSIDE TO
WAIVE ALL OF THE CITY OF LOS BANOS DEVELOPMENT IMPACT FEES FOR
THE PROJECT LOCATED AT 541 M STREET IN THE AMOUNT OF $25,138.40.
Community & Economic Development Director Elms presented the staff report, which
included a PowerPoint presentation.
There was Council Member and Staff discussion with Ashley Williams from Habitat for
Humanity pertaining to the project and why the impact fee waiver is being requested. A
history of the project was given and options were discussed pertaining to how these
fees could either be waived or minimally impact the new homeowner or Habitat for
Humanity. The Council feels the need to proceed with caution as there could be other
projects that arise in the future that would expect a fee waiver and they also need to be
conscious of how this fee waiver could affect other City funds. Both Council and Staff
felt it was best to come up with a policy for future situations.
It was decided by Council to continue this item to either the May 16, 2018 meeting or
the June 6, 2018 to grant an extension and also give Staff time to analyze the various
approaches and options for this situation.
CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5951 -
APPROVING THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT
(RMRA) PROPOSED PROJECT LIST FOR FISCAL YEAR 2018-2019. Public Works
Director/City Engineer Fachin presented the staff report.
There was Council Member and Staff discussion pertaining to certain roads that are in
much need of repair due to natural causes but that road maintenance has never been
an issue in the City’s limits.
Motion by Silveira, seconded by Faria to adopt City Council Resolution No. 5951 –
Approving the Road Maintenance and Rehabilitation Account (RMRA) Proposed Project
List for Fiscal Year 2018-2019. The motion carried by the affirmative action of all
Council Members present.
INDUSTRIAL RECRUITMENT PRESENTATION. Community & Economic
Development Director presented the staff report, introducing Audrey Taylor, President
and CEO of Chabin Concepts who spoke in detail as to what’s going on with the City’s
economic development efforts, which included a PowerPoint presentation.
There was Council Member and Staff discussion with Ms. Taylor regarding certain sites
and areas in the City that make them attractive to companies as well the large amount
of cars that go through town on a daily basis. There are some promising opportunities,
especially industrially, for future businesses in the City.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR
WEDNESDAY, MAY 2, 2018 DUE TO THE MAY. Motion by Silveira, seconded by
Faria to cancel the regular City Council Meeting scheduled for May 2, 2018. The motion
carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES (Two Reports). Community & Economic
Development Director Elms stated that the first public notice is in regards to a vesting
tentative tract map located at 607 Mercey Springs Road for an infill project for sixteen
units and the second item is for a conditional use permit for 85 West G Street for an
automotive repair and smog shop in the general industrial zoning district. These items
will be considered by the Planning Commission on Wednesday, April 25, 2018 at 7:00
p.m. in the Council Chambers.
CITY MANAGER REPORT. City Manager Terrazas congratulated the candidates who
will be attending the Boys State Program. The Police Department will be partnering with
7eleven on Operation Chill where the Department has been provided with a limited
number of certificates for free slurpees for the youth in the community showing kindness
to the officers.
CITY COUNCIL MEMBER REPORTS.
TOM FARIA: Council Member Faria congratulated the candidates that will be going to
the Boys State Program. On April 28, 2018, the Los Banos Arts Council will have a Tom
Petty tribute band perform. On April 25, 2018 the Los Banos High School Choir will be
putting on their spring concert at 7:00 p.m. in the Los Banos High School multi-purpose
room with an admission of $3. He hopes to see everyone at the Fair.
DARONICA JOHNSON-SANTOS: Council Member Johnson-Santos apologized for
missing the firemen’s dinner. She spoke an event regarding a Modesto City worker who
was killed when he was working alone out on the job and she wanted to make sure our
City employees are careful and monitored.
DEBORAH LEWIS: Mayor Pro Tem Lewis had nothing to report.
SCOTT SILVEIRA: Council Member Silveira congratulated the candidates that are
going to attend the Boys State Program. The May Day Fair will be held on May 2-6,
2018 and discounted fair admissions can be purchased at 403 F Street until May 1,
2018. He attended the Street Faire and thought the Chamber of Commerce did a really
nice job with it and it was very well attended.
MAYOR MICHAEL VILLALTA: Mayor Villalta spoke to how he attended the hospital
lunch to honor all of the hospital volunteers, some who have volunteered for 20-30
years. He thanked Fire Chief Hurley for driving him and Mayor Pro Tem Lewis to the
firefighter dinner where former Fire Chief Marrison and Juan Ramirez were honored.
Last week he attended a meeting for the improvement of the downtown area where a
local developer pledged $1 million towards beautification. That pledge is only valid if
matching money comes along with it. The Street Faire was a great event and he
thanked all those involved in setting up and preparation. Holding events downtown is a
way to get people associated with the downtown area and the merchants located there.
ADJOURNMENT. The meeting was adjourned at 10:18 p.m.
APPROVED:
/s/ Michael Villalta__________
Michael Villalta, Mayor
ATTEST:
/s/ Lucille L. Mallonee______________
Lucille L. Mallonee, City Clerk
Agenda
LOS Banos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 18, 2018
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.
11: if * * * * * * * * * if * * if if
Si 'requiere asistencia especial para atender 0 participar en esta junta por favor lIame 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.
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, Califomia
during normal business hours. In addition, such writings and documents may be posted
on the City's website at www.losbanos.oro.
* ********.**
Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier
artfculo en este orden del dia 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. Ademes, tales escrituras y los documentos
pueden ser anunciados en el website de la ciudad en www.losbanos.oro.
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;
includes agenda and non-agenda items. No action will be taken on non-agenda
Los Banos City Council Agenda - April 18, 2018 Page 1 of 3
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 #209933 -#210187 in the Amount of $1 ,910,386.93.
Recommendation: Approve the check register as submitted.
B. Minutes for the April 4, 2018 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 5949 - Concerning the Industrial Disability
Retirement of Police Officer Preston Jelen.
Recommendation: Approve the resolution as submitted.
D. City Council Resolution No. 5950 - Accepting the City Hall Addition as
Complete and Authorizing the Filing of a Notice of Completion with the
Merced County Recorder for the Construction of City Hall Addition with Arts
Construction Company Inc.
Recommendation: Approve the resolution as submitted.
7. LOS BANOS COMMUNITY SERVICE NETWORK GRANT - By Jeff Kettering,
Merced County Chief Probation Officer.
Recommendation: Informational item only, no action to be taken.
8. RECREATION PROGRAM UPDATE PRESENTATION.
Recommendation: Informational item only, no action to be taken.
9. CONSIDERATON OF A REQUEST FROM HABITAT FOR HUMANITY
WESTSIDE TO WAIVE ALL OF THE CITY OF LOS BANOS DEVELOPMENT
IMPACT FEES FOR THE PROJECT LOCATED AT 541 M STREET IN THE
AMOUNT OF $25,138.40.
Recommendation: Receive staff report and deny the request.
10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5951 -
APPROVING THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT
(RMRA) PROPOSED PROJECT LIST FOR FISCAL YEAR 2018-2019.
Recommendation: Receive staff report and adopt the resolution as submitted.
11. INDUSTRIAL RECRUITMENT PRESENTATION.
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - Apri/18, 2018 Page 20(3
12. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED
FOR WEDNESDAY, MAY 2,2018 DUE TO THE MAY DAY FAIR.
Recommendation: Cancel the meeting as stated.
13. ADVISEMENT OF PUBLIC NOTICES. (Two Reports)
14. CITY MANAGER REPORT.
15. CITY COUNCIL MEMBER REPORTS.
A. Tom Faria
B. Daronica Johnson-Santos
C. Deborah Lewis
D. Scott Silveira
E. Mayor Mike Villalta
16. 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.
i4~ -t. ~_a_
Lucille L. Mallonee, City Clerk
•. ,
Dated this 12'h day of April 2018
Los Banos City Council Agenda - April 18,2018 Page 30f3
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