City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JULY 15, 2020 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 Villalta 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 Tom Faria, Daronica Johnson-Santos, Brett Jones, Deborah Lewis, Mayor Michael Villalta; ABSENT: None. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Chief Brizzee, Fire Chief Hurley, Finance Director Williams, Community & Economic Development Director Elms, Public Works Director/City Engineer Fachin. CONSIDERATION OF APPROVAL OF AGENDA: Mayor Villalta stated that staff is requesting that Item 8 – CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6240 – AUTHORIZING THE CITY SUPPORT OF THE LOS BANOS DOWNTOWN ASSOCIATION IN THE DEVELOPMENT OF A CERTIFIED FARMERS’ MARKET AND AMENDING THE 2020-2021 BUDGET BY INCREASING THE COMMUNITY AND ECONOMIC DEVELOPMENT EXPENDITURES IN THE AMOUNT OF $900 be removed from the agenda as the Farmers Market will not be able to move forward this year as planned. Motion by Faria, seconded by Johnson-Santos to remove Item 8 – CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6240 – AUTHORIZING THE CITY SUPPORT OF THE LOS BANOS DOWNTOWN ASSOCIATION IN THE DEVELOPMENT OF A CERTIFIED FARMERS’ MARKET AND AMENDING THE 2020- 2021 BUDGET BY INCREASING THE COMMUNITY AND ECONOMIC DEVELOPMENT EXPENDITURES IN THE AMOUNT OF $900. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. Motion by Faria, seconded by Johnson-Santos to approve the City Council Meeting agenda as submitted, with the removal of Item 8 – CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6240 – AUTHORIZING THE CITY SUPPORT OF THE LOS BANOS DOWNTOWN ASSOCIATION IN THE DEVELOPMENT OF A CERTIFIED FARMERS’ MARKET AND AMENDING THE 2020-2021 BUDGET BY INCREASING THE COMMUNITY AND ECONOMIC DEVELOPMENT EXPENDITURES IN THE AMOUNT OF $900. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; 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 Villalta asked the City Clerk if she had received any comments by email, for which City Clerk Mallonee read an email from PATRICIA RAMOS regarding getting an accurate US Census count in Los Banos. There were not additional comments and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Johnson- Santos, seconded by Faria to approve the consent agenda as follows: Check Register for #222771 – #222972 in the Amount of $1,102,831.47; Minutes for the June 17, 2020 City Council Meeting; Minutes for the July 1, 2020 City Council Meeting; City Council Resolution No. 6236 – Approving Density Bonus Housing Agreement between the City of Los Banos and Sunset Hills Development LLC; City Council Resolution No. 6237 – Accepting Parcel Map 2020-01 Along with the Dedications of 10’ Public Utility Easements Located South of Parcel A and Parcel B Along East Pacheco Boulevard/State Highway 152 as Shown in Said Parcel Map, 1420 E. Pacheco Boulevard, APN 428-140-030; City Council Resolution No. 6238 – Approving and Adopting Final Tract Map No. 2017-01 Stonecreek at Los Banos The Villages VII Phase 1B Unit 2 and Accompanying Subdivision Improvement Agreement (Anderson Homes). The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF REPEALING LOCAL AMENDMENT AMENDMENTS SECTION 8-1.18 A AND SECTION 8-1.18 B OF THE LOS BANOS MUNICIPAL CODE RELATED TO “WATER HEATER PROHIBITED LOCATIONS AND WATER HEATER PROTECTION FROM DAMAGE”; ORDINANCE NO. 1086 – REPEALING PREVIOUSLY ENACTED LOCAL AMENDMENT TO THE CALIFORNIA PLUMBING CODE AS IT PERTAINS TO WATER HEATERS. Fire Chief Hurley presented the staff report. Mayor Villalta opened the public hearing. City Clerk Mallonee stated she received no public comments by email. Motion by Lewis, seconded by Faria to waive the first reading of Ordinance No. 1086 – Repealing Previously Enacted Local Amendment to the California Plumbing Code as it Pertains to Water Heaters. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. Motion by Lewis, seconded by Faria to introduce Ordinance No. 1086 – Repealing Previously Enacted Local Amendment to the California Plumbing Code as it Pertains to Water Heaters. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE PROPOSAL THAT THE CITY OF LOS BANOS CONSIDER A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15302(D) AND ESTABLISH AN UNDERGROUND UTILITY DISTRICT ALONG H STREET, FROM BETWEEN 5TH & 6TH STREETS TO 2ND STREET, IN THE CITY OF LOS BANOS; CITY COUNCIL RESOLUTION NO. 6239 – ESTABLISHING UNDERGROUND UTILITY DISTRICT 7-C IN THE CITY OF LOS BANOS. Public Works Director/City Engineer presented the staff report. Mayor Villalta opened the public hearing. City Clerk Mallonee stated she received no public comments by email and the public hearing was closed. Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 6239 – Establishing Underground Utility District 7-C in the City of Los Banos.. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6241 – APPROVING THE SR-152 INTERIM AND MIDTERM SAFETY ENHANCING/CONGESTION RELIEVING IMPROVEMENTS AS DEVELOPED BY THE SR-152 SAFETY TASK FORCE WORK GROUP. Public Works Director/City Engineer Fachin presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding some of the improvements and how the topics will be presented for discussion at the next Traffic Safety Committee meeting. The ultimate goal of the task force and the discussed improvements is to improve the traffic flow and safety on Highway 152. Motion by Johnson-Santos, seconded by Faria to adopt City Council Resolution No. 6241 – Approving the SR-152 Interim and Midterm Safety Enhancing/Congestion Relieving Improvements as Developed by the SR-152 Safety Task Force Work Group. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. COVID-19 STATUS UPDATE; CITY COUNCIL RESOLUTION NO. 6242 – CONTINUING THE DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF LOS BANOS (COVID-19). Police Chief Brizzee provided an update on COVID-19. City Clerk Mallonee stated that she has received no comment from the public regarding COVID-19. City Attorney Vaughn presented the staff report regarding the extension of a local emergency as long as COVID-19 is a threat to the community. Motion by Faria, seconded by Johnson-Santos to adopt City Council Resolution No. 6242 – Continuing the Declaration of the Existence of a Local Emergency within the City of Los Banos (COVID-19). The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. APPOINTMENT OF COMMISSIONERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMISSION – TWO (2) UNEXPIRED TERMS, EXPIRING DECEMBER 31, 2020 & APPOINT TWO (2) CITY COUNCIL MEMBERS, TERMS EXPIRING DECEMBER 31, 2021. Mayor Villalta stated that Council Member Jones held interviews for this commission appointment with Community & Economic Development Director Elms Motion by Jones, seconded by Faria to appoint Lorena Guzman & Anthony Dominguez to the Economic Development Advisory Commission, terms expiring December 31, 2020. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. Mayor Villalta reported that the Council Members last appointed to this commission were Council Members Faria & Lewis and their terms expired December 31, 2019 and new Council Members have not been appointed in 2020 because there was not a full commission until now. Motion by Faria, seconded by Lewis to appoint Council Members Johnson-Santos and Jones to the Economic Development Advisory Commission, terms expiring December 31, 2021. The motion carried by the following roll call vote: AYES: Faria, Johnson- Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. ADVISEMENT OF PUBLIC NOTICES (One Report). Community & Economic Development Director Elms stated that there is one item to be considered at the next Planning Commission meeting on Wednesday, July 22, 2020 regarding a Categorical Exemption from the California Environmental Quality Act (CEQA) and Site Plan Review #2020-03 for the Los Banos Fire Department Training Tower located at 333 Seventh Street, APN 025-082-004. CITY MANAGER REPORT; REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR. Police Chief Brizzee briefly spoke regarding COVID-19. He further reported that on July 7, 2020 based upon City Manager Terrazas’ performance review, the Community & Economic Development Director salary was increased to $9,346 monthly ($112,152 annually) retroactive to February 1, 2020. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND MEASURE V COMMITTEE. Mayor Villalta provided an update regarding the ongoing discussions and progress of the Billy Wright disposal site expansion project and the Pioneer Trail project. DEBORAH LEWIS: Council Member Lewis congratulated the two new Police Officers that were recently sworn in. She spoke regarding the Farmers’ Market item that was pulled and how the farmers had concerns in the past at previous markets in the plaza about their fruits and vegetables drying up. She spoke regarding an incident that occurred recently with the Limon family and asked the community to keep them in their thoughts and prayers. TOM FARIA: Council Member Faria echoed Council Member Lewis’ remarks regarding the Limon family. DARONICA JOHNSON-SANTOS: Council Member Johnson-Santos stated that she is also keeping the Limon family in her prayers. BRETT JONES: No report. MAYOR MICHAEL VILLALTA: Mayor Villalta spoke to how he has known the Limon family for a very long time and that he is sad to hear of the news. He is praying that his wife recovers quickly and wishes them all well. He is happy with the recent hiring of the two new Police Officers and believes the Police Department is doing a wonderful job in their recruitment efforts. Mayor Villalta read a letter he wrote stating that he will not be seeking re-election in November and how he plans to spend time with his family and friends. CLOSED SESSION – CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER TERRAZAS, CITY ATTORNEY VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE, FINANCE DIRECTOR WILLIAMS, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA), LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. No reportable action. ADJOURNMENT. The meeting was adjourned at 7:37 PM. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk