City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES NOVEMBER 4, 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 4:03 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 Lewis 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. 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. Council Member Lewis requested that item 6D – Re-appointment of Mark Bodley to Serve a Four (4) Year Term Expiring December 31, 2024 as the City’s Representative on the Merced County Mosquito Abatement District Board of Trustees be removed from the consent agenda for separate discussion and consideration. Motion by Lewis, seconded by Johnson-Santos to approve the consent agenda as amended as follows: Check Register for #224253 – #224446 in the Amount of $550,644.25; First Quarter Investment Report for the 2020/2021 Fiscal Year; City Council Resolution No. 6279 – Accepting a Grant Deed for a 12+ Square Foot Area Right-of-Way Dedication Along the Frontage of 1430 E. Pacheco Boulevard and Authorizes the City Manager to Execute All Required Documents for this Dedication Acceptance (MMCG DBR Los Banos, LLC); Re- appointment of Mark Bodley to Serve a Four (4) Year Term Expiring December 31, 2024 as the City’s Representative on the Merced County Mosquito Abatement District Board of Trustees. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. RE-APPOINTMENT OF MARK BODLEY TO SERVE A FOUR (4) YEAR TERM EXPIRING DECEMBER 31, 2024 AS THE CITY’S REPRESENTATIVE ON THE MERCED COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES. Council Member Lewis wanted to make note that Mr. Bodley has been serving as the City’s representative on the Mosquito Abatement District Board of Trustees for 43 years and thanked him for his willingness to continue to serve in this volunteer capacity. Motion by Lewis, seconded by Johnson-Santos to approve the Re-appointment of Mark Bodley to Serve a Four (4) Year Term Expiring December 31, 2024 as the City’s Representative on the Merced County Mosquito Abatement District Board of Trustees. 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 ESTABLISHING A VACANT BUILDING REGISTRATION/MONITORING FEE; CITY COUNCIL RESOLUTION NO. 6280 – ESTABLISHING A VACANT BUILDING REGISTRATION/MONITORING FEE. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding how long does the building need to be vacant before we do something like this, if this would app to partial buildings or residential rentals as well, if the property has to be vacant or can the property just be out of compliance with City codes, looking to also do something like this for occupied residential and commercial properties, and how the fee was established. 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 Lewis, seconded by Faria to adopt City Council Resolution No. 6277 – City Council Resolution No. 6280 – Establishing a Vacant Building Registration/Monitoring Fee. 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 ADOPTING AN ORDINANCE TO AMEND TITLE 9 OF CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE REGARDING AGRICULTURAL/FARMWORKER EMPLOYEE HOUSING; ORDINANCE NO. 1188 – AMENDING TITLE 9 CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE REGARDING EMPLOYEE HOUSING. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding if the property is grandfathered in and there is farming on the land and how that might be accommodated. 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 Johnson-Santos to waive the first reading of Ordinance No. 1188 – Amending Title 9 Chapter 3 of the Los Banos Municipal Code Regarding Employee Housing. 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 introduce Ordinance No. 1188 – Amending Title 9 Chapter 3 of the Los Banos Municipal Code Regarding Employee Housing. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. LOCAL PARTNERSHIP PROGRAM (LPP) AGREEMENT BETWEEN MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND THE CITY OF LOS BANOS FOR PROJECT FUNDING FOR THE PIONEER ROAD WIDENING PROJECT; CITY COUNCIL RESOLUTION NO. 6281 – AUTHORIZING THE MAYOR OF THE CITY OF LOS BANOS TO EXECUTE A LOCAL PARTNERSHIP PROGRAM (LPP) AGREEMENT WITH MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) FOR LPP FUNDING FOR THE PIONEER ROAD WIDENING PROJECT. Public Works Director/City Engineer Fachin presented the staff report. Jarrett Martin, General Manager of CCID, wanted it stated this funding was not for construction and that out design team would be working with CCID on items that have their jurisdiction involved. There was Council Member and staff discussion regarding if there will be more resident engagement for this, towards the environmental process there will be outreach during that time and property owners will be notified, how much funding the city had to match for this phase, how RTIF funding is being used and also Measure V funds, nothing out to the general fund or transportation funds at this time, how committed this makes us to the project, what would we have to pay back if we stop this tonight, and if we don’t fulfil our obligation on the planning document work we may need to reimburse the grant funding. Mayor Villalta stated that the City Council has given direction to support this project and we have convinced MCAG to put $8 million towards this project, if this is not a City Council priority we need to hear it now and move on, he also noted that he feels this is a good project. Motion by Faria, seconded by Lewis, to adopt City Council Resolution No. 6281 – Authorizing the Mayor of the City of Los Banos to Execute a Local Partnership Program (LPP) Agreement with Merced County Association of Governments (MCAG) for LPP Funding for the Pioneer Road Widening Project. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Lewis, Mayor Villalta; NOES: Jones; ABSENT: None. AWARD OF COLLECTION SERVICES AGREEMENT AND FRANCHISE TO MID VALLEY DISPOSAL FOR RESIDENTIAL AND COMMERCIAL GARBAGE, RECYCLABLE MATERIAL, AND ORGANIC WASTE COLLECTION SERVICES; CITY COUNCIL RESOLUTION NO. 6282 – APPROVING COLLECTION SERVICES AGREEMENT AND FRANCHISE TO MID VALLEY DISPOSAL FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL GARBAGE, RECYCLABLE MATERIAL AND ORGANIC WASTE COLLECTION SERVICES. Public Works Director/City Engineer Fachin presented the staff report, noting that the City received no protests and introduce Richard Tagore-Erwin from R3 who spoke in more detail, which included a PowerPoint presentation. There was Council Member and staff discussion regarding bringing on employees from Republic Services and status of their pay, how the agreement states that they will match the pay , how the community will be educated about the new features Mid Valley will be offering, the customer billing clause that allows Mid Valley to take on the billing function if the City ever decides they’d like Mid Valley to do it, large item collection for residential customers, with no extra charge, how Los Banos is always a trendsetter to take on new things to save the environment, because we will be organic food recycling our rates will not be going up, limit on rate increases, not wanting to encumber another cost for our citizens that we don’t have to, want to make sure we are getting the best price for our citizens, why Los Banos is doing organic if no one else in Merced County is, not wanting to make our citizens do it if they don’t have to, the compliance order from the State requiring the organic food recycling, possible 5% reduction on the monthly bill for residential and the Prop 218 will consider other fees. Motion by Lewis, seconded by Faria, to adopt City Council Resolution No. 6282 – Approving Collection Services Agreement and Franchise to Mid Valley Disposal for the Provision of Residential and Commercial Garbage, Recyclable Material and Organic Waste Collection Services. The motion carried by the following roll call vote: AYES: Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta; NOES: None; ABSENT: None. FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2020-2021. Finance Director Williams presented the staff report, which included a PowerPoint presentation. Informational item only, no action taken. DISCUSSION REGARDING FUTURE CITY COUNCIL MEETING FORMAT. City Manager Terrazas stated that the City Council has transitioned onto a virtual format for Council Meetings due to the COVID-19 pandemic, options are to stay online, do a hybrid with some Council Members in the Council Chambers and some online or all back in the Council Chambers. Mayor Villalta stated that staff has done a wonderful job with the virtual meetings, for the most part it works, there are sometimes technology difficulties, and he feels we need to get back to meeting in the Council Chambers with proper PPE. Council Member Faria supports meeting in-person with proper COVID-19 restrictions. Council Member Johnson-Santos stated that at the last meeting she supported in-person meetings because she wanted to be in the Council Chambers for her last few meetings as a Council Member, but due to the fact of taking everyone’s health into consideration, she now supports keeping the meeting virtual. Council Member Jones states that he supports in-person meeting but you know where I stand with the PPE. Council Member Lewis stated that staff has made tremendous strides to protect themselves in the Council Chambers, we have City employees who have medical health issues, let’s consider their safety, we are in a serious pandemic right now and we do not know where it is going, until we are sure about where our County stands, we need to make sure everyone is safe, she supports keeping the meeting virtual. Mayor Villalta took a count of who wants to meet in the Council Chambers with proper PPE: Yes – Faria, Johnson-Santos, Villalta; No – Jones, Lewis. Mayor Villalta took a count of who wants to meet in the Council Chambers with a hybrid type option: Yes – Johnson-Santos, Villalta; No – Faria, Lewis; Abstain – Jones. Since there was not a consensus, Mayor Villalta stated that we will stay with virtual meetings. NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2022; ECONOMIC DEVELOPMENT ADVISORY COMMISSION – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2022; PARKS & RECREATION COMMISSION – FOUR (4) VACANCIES, ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2021, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2022; PLANNING COMMISSION – FIVE (5) VACANCIES, DISTRICT 1 – ONE (1) FOUR (4) YEAR TERM – EXPIRING DECEMBER 31, 2024, DISTRICT 2 – ONE (1) TWO (2) YEAR TERM – EXPIRING DECEMBER 31, 2022, DISTRICT 3 – ONE (1) TWO (2) YEAR TERM – EXPIRING DECEMBER 31, 2022, DISTRICT 4 – ONE (1) FOUR (4) YEAR TERM – EXPIRING DECEMBER 31, 2024, AT-LARGE – ONE (1) TWO (2) YEAR TERM – EXPIRING DECEMBER 31, 2022; TREE COMMISSION – TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2022, MEASURE H CITIZENS’ OVERSIGHT COMMITTEE – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2022; MEASURE P COMMITTEE – TWO (2) VACANCIES, TWO (2) THREE (3) YEAR TERMS – EXPIRING DECEMBER 31, 2023. City Clerk Mallonee read the various commission/committee vacancies. Informational item only, no action taken. COVID-19 STATUS UPDATE. City Manager Terrazas read from a John Hopkins report citing current COVID-19 statistics, he also read statistics from the Merced County COVID- 19 Dashboard statistics, he noted that we have two (2) testing sites in Los Banos and encouraged all to get tested and get tested often, reminded all to wash your hands and get your flu shot, noting that Los Banos is still the lowest per capita City in Merced County. REVIEW OF CURRENT PROJECTS LIST. City Manager presented the staff report and Mayor Villalta spoke in detail to the list of projects he submitted as follows: splash pad, new hospital, new museum, dog park, safety security glass at City Hall, half-time person-graffiti, city camera system, 152 improvements, Pioneer Road expansion, tipping fee, flow control policy-MCAG, new garbage contract, 11th Street stoplight, 152 signal syncing, walking trails- Merced College, waste disposal site expansion, Westside bus service to the Bay Area, MCAG agendas and how important it it so participate in this group Downtown revitalization, new police station on G Street and additional Fire Station on Ward Road, solar energy alternative-Peninsula Clean Energy, and Residential rental inspections. Informational item only, no action taken. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER REPORT. No report REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND MEASURE V COMMITTEE. No report CITY COUNCIL MEMBER REPORTS. TOM FARIA: No report DARONICA JOHNSON-SANTOS: No report BRETT JONES: No report DEBORAH LEWIS: No report MAYOR MICHAEL VILLALTA: No report ADJOURNMENT. The meeting was adjourned at 7:41 PM to 6:00 PM, Tuesday, November 10, 2020 to Conduct a Joint Study Session with the Planning Commission Regarding the Complete Streets Specific Plans (Pioneer Road and State Route 152), which will be held virtually and presented by the City’s Consultant, Placeworks. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk