City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 21, 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 4:05 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, Council Member Daronica Johnson-Santos, Brett Jones, Deborah Lewis, Mayor Michael Villalta; 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, Public Works Director/City Engineer Fachin, Police Chief Brizzee, Fire Chief Hurley. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Johnson-Santos, seconded by Jones to approve the City Council Meeting agenda as submitted. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. PRESENTATION – PROCLAMATION RECOGNIZING PAT LEONARDO. Mayor Villalta read the proclamation and presented it to Pat Leonardo recognizing her retirement and service as a VITAL Police Volunteer, who was present on the virtual meeting and thanked the City Council for the recognition. 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 stated that she had received no (0) comments for today’s meeting. No further comments received and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis, seconded by Faria to approve the consent agenda as follows: Check Register for #224059 – #224252 in the Amount of $1,217,786.32; City Council Resolution No. 6274 – Approving Closure of Non-Essential City Offices on Thursday, December 24, 2020 and Thursday, December 31, 2020; City Council Resolution No. 6275 – Accepting Parcel Map 2020-03 Along with the Dedications of a 10’ Public Utility Easement Located East of Parcel D and West of Parcel E Along East Pacheco Boulevard/State Highway 152 as Shown in Said Parcel Map (Ohel Bapaz, LLC); City Council Resolution No. 6276 – Awarding the Bid for the Purchase of One (1) New 2020-2021 Model Medium Duty Utility Truck with Lift Gate to Santos Ford in the Amount of $49,006.31 and Authorizing the Public Works Director/City Engineer to Issue the Purchase Order. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. PRESENTATION OF THE FINANCING PLAN FOR THE POLICE STATION FACILITIES PROJECT; CITY COUNCIL RESOLUTION NO. 6277 – TO COMMIT FUNDING TO THE POLICE STATION FACILITIES PROJECT. Police Chief Brizzee gave a brief history of the current Police Station and associated facilities and the proposed Police Station Project, which included a PowerPoint presentation. Finance Director Williams spoke regarding the funding options for the Police Station Project and the proposed plans to fund the Police Station Project, which included a PowerPoint presentation. There was Council Member and staff discussion regarding Code Enforcement and the $60,000 allocated to remain in the budget, how they are excited to have this project come forward, happy to see the financing plan that the Finance Director has developed, huge credit to the citizens of Los Banos for the special measures especially Measure P, this being a significant project for the community and will be a civic building that the community will be proud of, how the public will be engage through the process for their input. Motion by Lewis, seconded by Johnson-Santos to adopt City Council Resolution No. 6277 – To Commit Funding to the Police Station Facilities Project, with the amendment of keeping $60,000 in the Code Enforcement budget. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. RESIDENTIAL AND COMMERCIAL GARBAGE, RECYCLABLE MATERIAL, AND ORGANIC WASTE COLLECTION SERVICES; CITY COUNCIL RESOLUTION NO. 6278 – DECLARING ITS INTENTION TO AWARD A FRANCHISE AGREEMENT TO MID VALLEY DISPOSAL FOR THE RESIDENTIAL AND COMMERCIAL GARBAGE, RECYCLABLE MATERIAL AND ORGANIC WASTE COLLECTION SERVICES CONTRACTOR. Public Works Director/City Engineer presented the staff report and introduced Richard Tagore-Erwin with R3 Consulting Inc. who spoke in more detail, which included a PowerPoint presentation. There was Council Member and staff discussion regarding what would constitute a habitual violator, not wanting to increase costs to their bill for doing more of the right thing with the recycling of the organics and when other jurisdictions not doing the right thing and recycling organics and doesn’t want that to fall on the Los Banos rate payers, estimated cost of impact, how the rates presented show a shavings on our current costs, if any of this savings be passed on to our rate payers, how this new company offers some interesting new features and will be a positive for the City. Motion by Faria, seconded by Jones to adopt City Council Resolution No. 6278 – Declaring Its Intention to Award a Franchise Agreement to Mid Valley Disposal for the Residential and Commercial Garbage, Recyclable Material and Organic Waste Collection Services Contractor. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. CONSIDERATION OF CITY OF LOS BANOS MEMBERSHIP WITH PENINSULA CLEAN ENERGY BY ADOPTION OF JOINT POWERS AGREEMENT (JPA) RESOLUTION AND INTRODUCTION/FIRST READING OF REQUIRED COMMUNITY CHOICE AGGREGATION (CCA) ORDINANCE; CITY COUNCIL RESOLUTION NO. 6272 – REQUESTING MEMBERSHIP IN THE PENINSULA CLEAN ENERGY AUTHORITY, AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDED JOINT POWERS AGREEMENT, AND APPOINTING THE CITY’S DIRECTOR ON THE BOARD AND THE ALTERNATE DIRECTOR; ORDINANCE NO. 1187 – AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM IN THE CITY OF LOS BANOS BY AND THROUGH THE PENINSULA CLEAN ENERGY AUTHORITY (SECOND READING & ADOPTION). Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. Jan Pepper, Shawn Marshall, Carlos Romero from PCE are on the virtual meeting. There was Council Member and staff discussion regarding options to choosing who will be the City’s Director on the Board and the Alternate Director, how this program is a good idea and looking forward to saving our residents some money and the opportunity to participate in some good programs, including solar programs, how residents have 60 days to opt out once it goes into effect, a 5% savings is currently being offered, what happens if a lot of Los Banos customers opt out. Carlos Romero with PCE stated that the cities and the counties on the PCE board have always put equity and fairness into our program and work our hardest to provide the best and cheapest energy possible. Shawn Marshall, PCE, stated there will be no requirement to buy an electric vehicle or forced into certain programs, there will all be voluntary. Jan Pepper stated that the meetings are currently being held virtually because of COVID-19, on the 4th Thursdays of the month at 6:30 pm. Motion by Villalta to appoint the Mayor as Director and Mayor Pro Tem as Alternate. Council Member Jones stated that he would like to appoint the Mayor as Director and City Manager as Alternate. Motion by Jones, seconded by Villalta, to adopt City Council Resolution No. 6272 – Requesting Membership in the Peninsula Clean Energy Authority, Authorizing the Mayor to Execute the Second Amended Joint Powers Agreement, and Appointing the City’s Director on the Board and the Alternate Director. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Mayor Villalta; NOES: Lewis; ABSENT: None. Motion by Jones, seconded by Johnson-Santos to waive the second reading of Ordinance No. 1187 – Authorizing the Implementation of a Community Choice Aggregation Program in the City of Los Banos By and Through the Peninsula Clean Energy Authority. AYES: Faria, Johnson-Santos, Jones, Mayor Villalta; NOES: Lewis; ABSENT: None. Motion by Jones, seconded by Johnson-Santos to adopt Ordinance No. 1187 – Authorizing the Implementation of a Community Choice Aggregation Program in the City of Los Banos By and Through the Peninsula Clean Energy Authority. AYES: Faria, Johnson-Santos, Jones, Mayor Villalta; NOES: Lewis; ABSENT: None. APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION – ONE VACANCY, EXPIRING DECEMBER 31, 2021; ECONOMIC DEVELOPMENT ADVISORY COMMISSION – ONE VACANCY, EXPIRING DECEMBER 31, 2021; TREE COMMISSION – ONE VACANCY, EXPIRING DECEMBER 31, 2021. Motion by Villalta, seconded by Faria to appoint Jeri Blevins to the Airport Advisory Commission vacancy. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. Motion by Villalta, seconded by Jones to appoint Joyce Ortega to the Economic Development Advisory Commission. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. Motion by Villalta, seconded by Jones to appoint Gene Lieb to the Tree Commission vacancy. The motion carried by the following roll call vote: AYES: Faria, Johnson- Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. DISCUSSION REGARDING FUTURE CITY COUNCIL MEETING FORMAT. City Manager Terrazas stated that staff is looking for direction on future council meetings on how they would like to proceed with meetings, by continuing with the online platform or some type of hybrid with some Council Members on virtually with some in person, he reminded all that we are in the midst of a pandemic, Merced County is meeting in person, City of Gustine is virtual, City of Atwater is meeting in person with reduced attendees, City of Merced is meeting in person with reduced attendance and following social distancing guidelines, City of Dos Palos is having in person meetings. Council Member Faria stated that either way, all in person or all on virtual, no hybrid. Council Member Lewis stated that she prefers the hybrid model. Council member Johnson-Santos stated that the online meetings are working out well, but would like to go back in the Council Chambers with social distancing. Council Member Jones stated that he is okay with going back to the Council Chambers but he will not wear a mask or face shield. Mayor Villalta stated that he wants to get back in the Council Chambers but with proper PPE. By consensus, this discussion was continued to the next City Council meeting to see if anything changes in the next weeks with the “color” code COVID-19 situation. CONSIDERATION OF COUNCIL MEMBER REQUEST REGARDING TRAFFIC CALMING MEASURE/SPEED CUSHION POLICY AND PROCEDURE [LEWIS]. Council Member Lewis stated that there was a fatal accident back in September 2020 due to high speed driving with a person under the influence of alcohol, the speed cushion policy that requires 18 criteria to be met does not allow for West I Street and Stonewood Drive that were built with the older guidelines with homes/driveway facing arterials and collectors, which does not allow them to qualify for speed cushions. She stated she checked out other speed cushion policies and would like to bring back this ordinance to make it more equitable for arterial/collector streets and for homes facing the roads to be able to apply for speed cushions for reconsideration and adjustments. By consensus, this item will be brought back with additional information for Council to review and consider. COVID-19 STATUS UPDATE. Fire Chief Hurley gave an update on where Los Banos and Merced County are at related to COVID-19 numbers, citing some statistics from Merced County website, spoke regarding the testing sites in Los Banos, encouraged all to be tested and to remind all about the symptoms COVID-19, continue to do the things to protect yourselves, how Merced County has a lot of good information as well as the City of Los Banos’s website, noting that we are still at the 4thTier and hopefully we’ll be able to move to the next tier, he spoke regarding tips on upcoming Halloween, how we moving into flu and cold season and to be sure to protect yourself from that as well and get a flu shot if you are interested. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER REPORT. City Manager Terrazas spoke regarding Mr. Fachin’s upcoming retirement at the end of the year, how it’s been nice working with him, how he’s taken on some significant projects, he spoke to how he has retained a Recruitment Firm to recruit for the Public Works Director/City Engineer position and to let him know if you would like to connect with the recruiter for input. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND MEASURE V COMMITTEE. Mayor Villalta stated that MCAG is working on tipping fees, transportation on the westside for commuters, stop light at 11th Street, Highway 152 improvements, Pioneer trail, and wanted to remind the City Council to press on with MCAG to make sure our projects stay on the front burner. TOM FARIA: Council Member Faria spoke to the light timing being hooked up to the 911 situations so that all the lights turn green/red for emergency. DARONICA JOHNSON-SANTOS: Council Member Johnson-Santos stated that we as a council thoroughly think through all these items and congratulated Mark Fachin on his upcoming retirement, she will be sad to see you go. BRETT JONES: No report DEBORAH LEWIS: Council Member Lewis congratulated the Police Department on passing the resolution on the funding of a new Police Station, spoke regarding Council Member Johnson-Santos and their fun times as Council Members together. MAYOR MICHAEL VILLALTA: Mayor Villalta stated that he will reserve his comments at his last meeting, he found the stats regarding COVID-19 when there were 145 deaths, 96 were 65 or older, 38 were 55-64, 11 were 35-49, and asked for a quick update on the B Street light for the new school, for which Public Works Director/City Engineer Fachin provided. ADJOURNMENT. The meeting was adjourned at 6:51 PM. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk