City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JANUARY 6, 2021 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 Faria 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 Brett Jones, Ken Lambert, Deborah Lewis, Mayor Tom Faria; 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, Acting Public Works Director/City Engineer Pezeshk, Police Chief Brizzee, Fire Chief Hurley. CONSIDERATION OF APPROVAL OF AGENDA: Mayor Faria stated that staff is requesting that item 15 – COVID-19 Status Update be moved up on the agenda to be heard after item 7 – Consent Agenda. Motion by Lambert, seconded by Lewis to approve the City Council Meeting agenda as amended with the moving up of item 15 on the agenda. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. PRESENTATIONS – PROCLAMATIONS RECOGNIZING CITY COMMISSIONERS: DAVID ANDERSON – AIRPORT ADVISORY COMMISSION, GARY MUNOZ – PARKS & RECREATION COMMISSION, JOHN CATES – PLANNING COMMISSION, SUSAN TOSCANO – PLANNING COMMISSION, MICHAEL AMABILE – MEASURE H COMMITTEE, JOHN CATES – MEASURE H COMMITTEE, JAMES ROELOFS – MEASURE H COMMITTEE, DEBORAH “DJ” BARCELLOS – MEASURE P COMMITTEE, DIANA THURSTON – MEASURE P COMMITTEE. Mayor Faria presented the proclamations, noting that Gary Munoz and John Cates were in attendance on the virtual meeting to accept 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 Faria asked the City Clerk if she had received any comments by email, for which City Clerk Mallonee stated that she had received two comments by email but they are regarding item 8 – Public Hearing Regarding Pacheco Boulevard and Pioneer Road Complete Streets Plans, which will be read during that item. No further comments were received and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Jones stated that he would like to remove item 7E - City Council Resolution No. 6302 – Adopting a Revised Budget for the 2020/2021 Fiscal Year as it pertains to Expenditures for the City of Los Banos Website Refresh Project in the Amount of $16,740 for separate consideration and approval. Council Member Lewis stated that she would like to remove item 7D - City Council Resolution No. 6301 – Accepting the Los Banos Dog Park Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder and 7F - City Council Resolution No. 6303 – Authorizing the City Manager to Execute Amendment No. 5 to the Landscape Maintenance Services Contract Between the City of Los Banos and Ronny’s Inc. and Adopting a Revised Budget for the Fiscal Year 2020/2021 as it Pertains to the General Fund for Maintenance Account in the Amount of $4,500 for separate consideration and approval. Motion by __, seconded by __ to approve the consent agenda follows: Check Register for #224982 – #225229 in the Amount of $942,804.74; Minutes for the December 16, 2020 Special City Council Meeting; City Council Resolution No. 6300 – Accepting Public Improvements for Dove Hollow Villages at Stonecreek VII, Phase 2B (Anderson Homes); City Council Resolution No. 6301 – Accepting the Los Banos Dog Park Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6302 – Adopting a Revised Budget for the 2020/2021 Fiscal Year as it Pertains to Expenditures for the City of Los Banos Website Refresh Project in the Amount of $16,740; City Council Resolution No. 6303 – Authorizing the City Manager to Execute Amendment No. 5 to the Landscape Maintenance Services Contract Between the City of Los Banos and Ronny’s Inc. and Adopting a Revised Budget for the Fiscal Year 2020/2021 as it Pertains to the General Fund for Maintenance Account in the Amount of $4,500. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. CITY COUNCIL RESOLUTION NO. 6301 – ACCEPTING THE LOS BANOS DOG PARK PROJECT AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE MERCED COUNTY RECORDER. Acting Public Works Director/City Engineer Pezeshk presented the staff report There was Council Member and staff discussion regarding certain areas of the turf that may need some additional attention and who would be responsible for the continuing maintenance of the area for which Acting Public Works Director/City Engineer Pezeshk stated that the contractor would be responsible for the first year and then the City would be responsible thereafter. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6301 – Accepting the Los Banos Dog Park Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. CITY COUNCIL RESOLUTION NO. 6302 – ADOPTING A REVISED BUDGET FOR THE 2020/2021 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES FOR THE CITY OF LOS BANOS WEBSITE REFRESH PROJECT IN THE AMOUNT OF $16,740. Finance Director Williams presented the staff report. There was Council Member and staff discussion regarding the timeframe of completion for the website, what content and/or photos would be on there and if Council would have any say as to what content will be present on the site. At this point, Staff will be responsible for the site, but updates and information can be brought back to Council for review. The agreement included as a proposal in the staff report will not be the actual agreement used as City Attorney Vaughn will be preparing the contract on the City’s format. Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6302 – Adopting a Revised Budget for the 2020/2021 Fiscal Year as it pertains to Expenditures for the City of Los Banos Website Refresh Project in the Amount of $16,740. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. CITY COUNCIL RESOLUTION NO. 6303 – AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE LANDSCAPE MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF LOS BANOS AND RONNY’S INC. AND ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR 2020/2021 AS IT PERTAINS TO THE GENERAL FUND FOR MAINTENANCE ACCOUNT IN THE AMOUNT OF $4,500. Acting Public Works Director/City Engineer Pezeshk presented the staff report There was Council Member and staff discussion regarding concerns of other core services, such as feeding, weeding, and maintenance of the trees not included in the contract, particularly as it relates to the new Dog Park. Council agrees to the amendment as it is presented now, but would like to see what the cost would be to add these additional services to the contract. Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6303 – Authorizing the City Manager to Execute Amendment No. 5 to the Landscape Maintenance Services Contract Between the City of Los Banos and Ronny’s Inc. and Adopting a Revised Budget for the Fiscal Year 2020/2021 as it Pertains to the General Fund for Maintenance Account in the Amount of $4,500. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. COVID-19 STATUS UPDATE. City Manager Terrazas introduced Dr. Yu, Los Banos Memorial Hospital/Sutter Health Administrator, who then presented a COVID-19 Status Update, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the status of the capacity levels at the hospital and makeshift ideas the staff is having to come up with in order to accommodate as many patients as possible. The hospital has even reached out to retired employees and other willing staff members to aid in the caring of patients. Dr. Yu was asked if the hospital has seen patients experiencing a second round of COVID-19 for which he stated that after an infection of COVID-19, only approximately 90 days of immunity can be expected. The vaccine does offer a significant light at the end of the tunnel. City Manager Terrazas added that we are fortunate to have the depth and resources provided by Sutter Health, Dr. Yu and his staff and conveyed a deep gratitude to him and to his staff for all that you are doing. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE PACHECO BOULEVARD AND PIONEER ROAD COMPLETE STREETS PLANS; CITY COUNCIL RESOLUTION NO. 6304 – ACCEPTING THE PACHECO BOULEVARD COMPLETE STREETS PLAN; CITY COUNCIL RESOLUTION NO. 6305 – ACCEPTING THE PIONEER ROAD COMPLETE STREETS PLAN. Community & Economic Development Director Elms presented the staff report. She introduced Bruce Brubaker with PlaceWorks who spoke in detail to the proposed plans, which included a PowerPoint Presentation. There was Council Member and staff discussion regarding various aspects of both plans and Mr. Brubaker further explained and addressed any questions or concerns the Council had. Specific comments made by the Planning Commission and the Council are to be included in the adopted resolutions related to these plans. Mayor Faria opened the public hearing. City Clerk Mallonee read the following comments received by email: EVELYN PINEDA, Los Banos, stated her support for the Pacheco Boulevard and Pioneer Road Complete Streets Plans; RIC ORTEGA, Grasslands Water & Resource Conservation Districts, spoke to concerns the District had regarding the possible degrading of quality of the habitats in certain areas involved in the plans but that the District had recently met with City staff and consultants and they had come to an agreement on adding some additional language that could be added. He is asking that the Council approve the additional language proposed by Staff regarding the protections to the Grassland Ecological Area; FRANK VIERRA, Los Banos, spoke to how he believes the projected speed limit of 55-60 miles per hour on Pioneer Road is too high for the developments and bike lanes that will be surrounding the area and that this project has caused problems between the City and current landowners; (The following comment was received after 4:00 p.m. and was therefore not read into the record during the Council Meeting) LINDA GOMES, Los Banos, expressed her dislike of the fact that meetings are held during times where people are at work, would like to know who approved the measure and whether or not it is legal, and spoke in further opposition to the project. Motion by Lewis, seconded by Lambert to approve City Council Resolution No. 6304 – Accepting the Pacheco Boulevard Complete Streets Plan and incorporating the comments made during the Planning Commission Public Hearing on December 23, 2020. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Lambert, seconded by Lewis to approve City Council Resolution No. 6305 – Accepting the Pioneer Road Complete Streets Plan and incorporating comments made by the Grasslands Water Resource & Resource Conservation District, the Farm Bureau, and Mr. Higgins who is representing the Brandi family. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Mayor Faria; NOES: Jones; ABSENT: None. SPEED CUSHION POLICY REVIEW – CITY COUNCIL RESOLUTION NO. 6306 – AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT FOR SPEED CUSHION POLICY REVIEW SERVICES WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. IN THE AMOUNT OF $12,000 WITH A CONTINGENCY OF $4,000 AND ADOPT A REVISED BUDGET FOR THE FISCAL YEAR 2020/2021 AS IT PERTAINS TO THE TRAFFIC IMPACT FUND ACCOUNT. Acting Public Works Director/City Engineer Pezeshk presented the staff report. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6306 – Authorizing the City Manager to Execute the Professional Services Agreement for Speed Cushion Policy Review Services with Hexagon Transportation Consultants, Inc. in the Amount of $12,000 with a Contingency of $4,000 and Adopt a Revised Budget for the Fiscal Year 2020/2021 as it Pertains to the Traffic Impact Fund Account. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Faria, seconded by Lewis to designate Council Members Lewis and Lambert to be part of the review process and make comments regarding the draft document. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. APPOINTMENT COMMISSIONERS TO THE FOLLOWING COMMISSIONS: 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; PLANNING COMMISSION – FOUR (4) 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. Motion by Faria, seconded by Lewis to appoint David King, Larry Leonardo and Dave Anderson to the Airport Advisory Commission for two (2) year terms expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Faria, seconded by Lambert to appoint Chris Ford, Justin Collins, Alberto Escobedo to the Economic Development Advisory Commission for two (2) year terms expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Faria, seconded by Lambert to appoint Christopher Perrecone to the Planning Commission – District 1 for a two (2) year term expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Faria, seconded by Lewis to appoint Clarence “Rob” Robinson to the Planning Commission – District 2 for a two (2) year term expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Faria, seconded by Lambert to appoint John Cates to the Planning Commission – District 3 for a two (2) year term expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Motion by Faria, seconded by Lewis to appoint Katherine Uhley to the Planning Commission for a two (2) year term expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. Mayor Faria noted that staff is advertising for the four (4) vacancies on the Parks & Recreation Commission, two (2) vacancies on the Tree Commission, three (3) vacancies on the Measure H Committee and the “At-Large” vacancy on the Planning Commission with the deadline to apply for those vacancies is Friday, January 22, 2021 at 5:00 pm. APPOINTMENT OF COUNCIL MEMBER TO SERVE ON THE SELECTION COMMITTEE FOR THE FOLLOWING COMMITTEE: MEASURE H COMMITTEE – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2022. Motion by Faria, seconded by Lambert to appoint Council Member Lewis to serve on the selection committee with the Mayor for the Measure H Committee vacancies. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. APPOINTMENT OF COUNCIL MEMBER TO SERVE ON THE CITY’S ECONOMIC DEVELOPMENT ADVISORY COMMISSION (EDAC). Motion by Faria, seconded by Lewis to appoint Council Member Lambert to serve as a member of EDAC. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. APPOINTMENT OF COUNCIL MEMBER TO THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) GOVERNING BOARD. Motion by Faria, seconded by Jones to appoint the “Mayor” by title to serve as the City’s representative to the MCAG Governing Board and the “Mayor Pro Tem” by title to serve as the alternate. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: None; ABSENT: None. CITY OF LOS BANOS COUNCIL MEMBER VACANCY – DISTRICT 2. City Attorney Vaughn presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the interview process and the voting process on selecting an applicant to fill this vacancy. It was decided that each Council Member will be submitting their top questions to the City Clerk, that each applicant would be asked the same questions, applicants would be able to review the questions ahead of time to avoid nervous rambling, and all applicants will be on the meeting at the same time since the interview order will be chosen by lot. It was decided that the interview and voting process will take place on Thursday, January 14, 2021 at a Special City Council Meeting and the new Council Member would be sworn in at the next Regular City Council Meeting on Wednesday, January 20, 2021. ADVISEMENT OF PUBLIC NOTICES (No Reports). CITY MANAGER REPORT. City Manager Terrazas stated that the City Council is aware of the issues involving garbage and recycling not being picked up in a timely manner by Republic Services. They are being challenged to provide the City a sufficient level of service and staff has been working to evaluate the City’s options going forward. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria stated that he has no report for MCAG but that he was recently appointed to the County’s Redevelopment Oversight Board. He spoke to PCE and how it is a fascinating membership that gives us an opportunity to get grants and loans to possibly invest in personal and capital projects. There is a big push in the bay area to go to all electric cars. He noted how important gas tax and associated sales tax is to the local economies and how the idea of clean air is a beautiful thing. There was no report for the Measure V Committee, however it was noted that the Pacheco Boulevard and Pioneer Road improvements are being funded through the Measure. CITY COUNCIL MEMBER REPORTS. KEN LAMBERT: No report. DEBORAH LEWIS: No report. BRETT JONES: Council Member Jones stated that he has a Council Member Agenda Item Request in that he would like to start talks regarding downtown sidewalks and would like the City to start working closely with the downtown area. He spoke to another Council Member Agenda Item Request to start talking about relocating a new animal shelter, how the City needs to find a good site, acquire the land, and start building out for this facility. He would like this particular item brought forth in the next couple of months. MAYOR TOM FARIA: Mayor Faria stated that he is planning to begin delivering weekly updates and is currently looking at formats and platforms for the best approach. He had an excellent phone call with Assembly Member Gray and spoke to how he wants to address homelessness and start having regular meetings regarding the concerns and issues surrounding the subject. He thanked everyone for all of their hard work. ADJOURNMENT. Motion by Faria, seconded by Lewis to adjourn the meeting at 7:51 P.M. to 4:00 P.M., Thursday, January 14, 2021 to conduct interviews for the City Council Member – District 2 vacancy and also make a selection to fill the vacancy. The meeting will be held virtually. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk