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City Council Meeting

Regular Meeting

Los Banos, CA · February 5, 2020

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Minutes

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES FEBRUARY 5, 2020 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 7:02 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 (7:11 pm), Daronica Johnson-Santos, Deborah Lewis, Brett Jones, Mayor Michael Villalta. STAFF MEMBERS PRESENT: City Manager Terrazas, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Finance Director Williams, Police Chief Brizzee, Fire Chief Hurley, Community & Economic Development Director Elms, Public Works Director/City Engineer Fachin. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Johnson-Santos, seconded by Lewis to approve the City Council Meeting agenda. The motion carried by the affirmative action of all City Council Members present; Faria absent. PRESENTATIONS – PROCLAMATION RECOGNIZING FEBRUARY AS “TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH”. Mayor Villalta presented the proclamation to Lara McPherson on behalf of Valley Crisis Center. Ms. McPherson stated that she has worked with Valley Crisis for a couple years now, spoke regarding the programs she is working on, and thanked the City and the City Council for all their support. 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. No one came forward to speak and the public forum was closed. Council Member Faria arrived at the meeting at 7:11 pm. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 7E – City Council Resolution No. 6177 – Accepting the 7th Street Ball Park Restroom Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder be removed from the Consent Agenda for separate approval and presentation. Motion by Lewis, seconded by Jones to approve the consent agenda as follows: Check Register for #219954 – #220239 in the Amount of $2,011,008.89; Second Quarter Investment Report for the 2019/2020 Fiscal Year; Minutes for the January 15, 2020 City Council Meeting; City Council Resolution No. 6176 – Approving, Authorizing and Ratifying the City’s Participation in the Homeland Security Grant Program and Authorizing the City Manager on behalf of the City of Los Banos to Enter into the Standard Grant Assurance Agreement with Cal-OES and a Sub-Recipient Agreement with the County of Merced and Accepting State Homeland Security Grant Program Excess Funding, in the Amount of $18,943.41 and Amending the 2019/2020 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $18,943.41; City Council Resolution No. 6177 – Accepting the 7th Street Ball Park Restroom Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6178 – Accepting the 2019 Street Rehabilitations Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6179 – Accepting Public Improvements for Mission Village South, Phase 3C (Stonefield Home, Inc.). The motion carried by the affirmative action of all Council Members present. CITY COUNCIL RESOLUTION NO. 6177 – ACCEPTING THE 7TH STREET BALL PARK RESTROOM PROJECT AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE MERCED COUNTY RECORDER. Council Member Lewis inquired as to the work done with Change Order #1 regarding extra work to stub out an irrigation line, for which Public Works Director/City Engineer Fachin explained. Mayor Villalta added that this was quite a project, great site to see the restrooms craned in, how it was a project 25 years in the making, we have now honored a commitment to the fairgrounds, thanked the City of Los Banos staff for all the work, it is beautiful. Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6177 – Accepting the 7th Street Ball Park Restroom Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF APPROVING AND ADOPTING A PROPOSED AMENDMENT TO TITLE 9, CHAPTER 2, ARTICLE 6 OF THE LOS BANOS MUNICIPAL CODE ESTABLISHING A GENERAL GOVERNMENT FACILITIES DEVELOPMENT IMPACT FEE; ORDINANCE NO. 1178 – AMENDING TITLE 9 CHAPTER 2 ARTICLE 6 OF THE LOS BANOS MUNICIPAL CODE ESTABLISHING A GENERAL GOVERNMENT FACILITIES DEVELOPMENT IMPACT FEE (SECOND READING & ADOPTION). Public Works Director/City Engineer Fachin 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 Faria to waive the second reading of Ordinance No. 1178 – Amending Title 9 Chapter 2 Article 6 of the Los Banos Municipal Code Establishing a General Government Facilities Development Impact Fee. The motion carried by the affirmative action of all City Council Members present. Motion by Lewis, seconded by Faria to adopt Ordinance No. 1178 – Amending Title 9 Chapter 2 Article 6 of the Los Banos Municipal Code Establishing a General Government Facilities Development Impact Fee. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Villalta; NOES: None; ABSENT: None. PARKS & RECREATION PRESENTATION. Joe Heim, Parks & Recreation Operations Manager presented an update, which included a PowerPoint presentation. There was Council Member and staff discussion regarding recent renovations at City parks and how a lot of hard work has gone into these projects so that the parks can be more enjoyable and safe for the community. There are still some improvements and repairs that are needed, but progress is being made for each of these concerns. The new dog park was also discussed and how it is hoped that it will be open this summer. Planting trees around town and particularly in the downtown area was discussed and how the City needs to be mindful of how and where these trees are planted so that they are not affecting the storefronts and electrical outlets in that area. Informational item only, no action taken. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6180 – ADOPTING THE LOS BANOS DOWNTOWN STRATEGIC PLAN. Community and Economic Development Director Elms presented the staff report and introduced Joanna Jansen and Bruce Brubaker from Placeworks who spoke in more detail to the Los Banos Downtown Strategic Plan. There was Council Member, staff and representative discussion regarding issues the downtown area currently faces such as lack of parking and infrastructure safety. The Council would like to see more amenities offered downtown that would attract more foot traffic; however, they would also like to restrict certain uses in the area such as the use of bicycles and skateboards on the sidewalks. This item on this agenda is only to adopt a plan. An actual implementation plan, which is funding dependent, will be discussed at a later meeting. The Property Business Improvement District (PBID) that was currently adopted is only active for a period of five years and improvements in the downtown area associated with this District will need to be met. Motion by Faria, seconded by Johnson-Santos to approve City Council Resolution No. 6180 – Adopting the Los Banos Downtown Strategic Plan. The motion carried by the affirmative action of all City Council Members present. REPORT REGARDING POTENTIAL IT DATA BREACH INCIDENT SUMMARY AND CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6181 – ADOPTING A REVISED BUDGET FOR THE 2019/2020 FISCAL YEAR AS IT PERTAINS TO RELATED EXPENDITURES. Finance Director Williams presented the staff report. There was Council Member and staff discussion regarding coverage in total and if you sign up for credit monitoring it is for each individual. Motion by Lewis, seconded by Faria to approve City Council Resolution No. 6181 – Adopting a Revised Budget for the 2019/2020 Fiscal Year as it Pertains to Related Expenditures. The motion carried by the affirmative action of all City Council Members present. ADVISEMENT OF PUBLIC NOTICES. (No Report) CITY MANAGER REPORT. No report. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND MEASURE V COMMITTEE. Mayor Villalta spoke to how City staff have monthly safety meetings with CalTrans to explore ideas on how to improve the traffic flow on Highway 152. $1.1 million is needed in order to sync the stop lights in town and CalTrans should be trying to locate those funds. There are seventeen intersections in the City of Los Banos that need to be analyzed. He thanked all the individuals who take the time to sit in on these meetings. TOM FARIA: Council Member Faria thanked the Los Banos Fire Department for cooking chicken dinners for the Los Banos High School Choir fundraiser. He spoke to how Devin Rodney, one of his finest graduates, is subbing for him while he is out on recovery. Council Member Faria thanked his wife for caring for him. Council Member Faria left the meeting at 8:42 p.m. DARONICA JOHNSON-SANTOS: Council Member Johnson-Santos stated that she was born in Kansas City so she is happy to say “Go Chiefs.” BRETT JONES: No report. DEBORAH LEWIS: No report but she echoed Council Member Johnson-Santos’s statement “Go Chiefs”. MAYOR MICHAEL VILLALTA: No report. CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: ONE POTENTIAL CASE. No reportable action taken. ADJOURNMENT. The meeting was adjourned at 9:17 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 ( J Ca ifornia www.losbanos.org Updated 1/31/2020 @ 10:15 am AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California FEBRUARY 5, 2020 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. * * * * * '" '" ** * * * * * * fr 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 conla Acta de Americanos con Deshabilidad (ADA) de 1990. ~ , - ,: r································..····················, , , , , , ~.~. 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.om. ******.*.* Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier articulo en este orden del dia sera hecho disponible para la inspeccion 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.org. ............. , •••••••••••••••••••••••••••• , , , 1 1. CALL TO ORDER. 7:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: (City Council Members) Faria --, Johnson-Santos - - - Jones - - -, Lewis - - -, Villalta - - I 4. CONSIDERATION OF APPROVAL OF AGENDA. 5. PRESENTATIONS. A. Proclamation Recognizing February as "Teen Dating Violence Awareness and Prevention Month". Los Banos City Council Agenda - February 5, 2020 Page 10f4 6. 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 are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.) 7. 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 #219954 - #220239 in the Amount of $2,011,008.89. Recommendation: Approve the check register as submitted. B. Second Quarter Investment Report for the 2019/2020 Fiscal Year. Recommendation: Accept the report as submitted. C. Minutes for the January 15, 2020 City Council Meeting. Recommendation: Approve the minutes as submitted. D. City Council Resolution No. 6176 - Approving, Authorizing and Ratifying the City's Participation in the Homeland Security Grant Program and Authorizing the City Manager on behalf of the City of Los Banos to Enter irito the Standard Grant Assurance Agreement with Cal-OES and a Sub-Recipient Agreement with the County of Merced and Accepting State Homeland Security Grant Program Excess Funding, in the Amount of $18,943.41 and Amending the 2019/2020 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $18,943.41. Recommendation: Approve the resolution as submitted. E. City Council Resolution No. 6177 - Accepting the i h Street Ball Park Restroom Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Recommendation: Approve the resolution as submitted. F. City Council Resolution No. 6178 - Accepting the 2019 Street Rehabilitations Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Recommendation: Approve the resolution as submitted. G. City Council Resolution No. 6179 - Accepting Public Improvements for Mission Village South, Phase 3C (Stonefield Home, Inc.). Recommendation: Approve the resolution as submitted. Los Banos City Council Agenda - February 5, 2020 Page 2 0'4 8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.) A. Public Hearing - To Receive Public Comment and Consideration of Approving and Adopting an Updated AB 1600 Development Impaot Fee Justification Study Prepared fer the City of Los Banos by DTA (David Taussig & Associates, Inc.); Adjusting the City's Development Impaot Fees for All Development within the City of Los Banos; and a Proposed Amendment to Title 9, Chapter 2, Article 6 of the Los Banos Municipal Code Establishing a General Government Facilities Development Impact Fee. 1) Ordinance No. 1178 - Amending Title 9 Chapter 2 Article 6 of the Los Banos Municipal Code Establishing a General Government Facilities Development Impact Fee. (Second Reading & Adoption) Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing and adopt the ordinance as submitted. 9. PARKS & RECREATION PRESENTATION. Recommendation: Informational item only, no action to be taken. 10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6180 - ADOPTING THE LOS BANOS DOWNTOWN STRATEGIC PLAN. Recommendation: Receive staff report and adopt the resolution as submitted. 11. REPORT REGARDING POTENTIAL IT DATA BREACH INCIDENT SUMMARY AND CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6181 - ADOPTING A REVISED BUDGET FOR THE 2019/2020 FISCAL YEAR AS IT PERTAINS TO RELATED EXPENDITURES. Recommendation: Receive staff report and adopt the resolution as submitted. 12. ADVISEMENT OF PUBLIC NOTICES. (No Report) 13. CITY MANAGER REPORT. 14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND MEASURE V COMMITTEE. Recommendation: Informational item only, no action to be taken. 15. CITY COUNCIL MEMBER REPORTS. A. Tom Faria B. Daronica Johnson-Santos Los Banos City Council Agenda - February 5, 2020 Page 3 0(4 C. Brett Jones D. Deborah Lewis E. Mayor Mike Villalta 16. CLOSED SESSION - Conference with Legal Counsel - Anticipated Litigation; Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9: One Potential Case. 17. 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.~() . J o . Lucille L. Mallonee, City Clerk Dated this 31st day of January 2020 Los Banos City Council Agenda - February 5, 2020 Page 4of4

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