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City Council Meeting

Regular Meeting

Los Banos, CA · February 17, 2021

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Minutes

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES FEBRUARY 17, 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 4:07 p.m. PLEDGE OF ALLEGIANCE: Fire Chief Hurley led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Ken Lambert, Deborah Lewis, Refugio LLamas, 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 7C (City Council Resolution No. 6323 – Adopting a Revised Budget for the Fiscal Year 2020-2021 by Increasing the Appropriation Amount in the Community Center Fee Account by $20,870.00 for the Replacement of the Boiler at the Los Banos Community Center) be removed from the agenda. Motion by Lewis, seconded by LLamas to approve the City Council Meeting agenda as submitted. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. PRESENTATION – PROCLAMATION RECOGNIZING BLACK HISTORY MONTH. Mayor Faria presented the proclamation to Keith Johnson, representing the NAACP. Mr. Johnson thanked the City for the proclamation and stated how they look forward to continuing to work with the City of Los Banos. 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 opened the public forum and asked the City Clerk if she had received any comments by email, for which City Clerk Mallonee stated that she received no comments and the public forum was therefore closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 7E – City Council Resolution No. 6325 – Authorizing the Mayor to Execute the Renewal of Lease Agreement for H.G. Fawcett Canalside Park between the City of Los Banos and Central California Irrigation District (CCID) be removed from the consent agenda for presentation and separate approval. Mayor Faria stated that he would like to hear a presentation on item 7E – City Council Resolution No. 6324 – Approving the Pilot Study Agreement for Hexavalent Chromium Treatment with Aqua Metrology Systems Limited and Authorizing the City Manager to Execute Said Agreement before approval for which Acting Public Works Director/City Engineer Pezeshk presented. Motion by Lambert, seconded by Lewis to approve the consent agenda as follows: Check Register for #225496 – #225690 in the Amount of $746,217.26; Minutes for the February 3, 2021 City Council Meeting; City Council Resolution No. 6323 – Adopting a Revised Budget for the Fiscal Year 2020-2021 by Increasing the Appropriation Amount in the Community Center Fee Account by $20,870.00 for the Replacement of the Boiler at the Los Banos Community Center; City Council Resolution No. 6324 – Approving the Pilot Study Agreement for Hexavalent Chromium Treatment with Aqua Metrology Systems Limited and Authorizing the City Manager to Execute Said Agreement; City Council Resolution No. 6325 – Authorizing the Mayor to Execute the Renewal of Lease Agreement for H.G. Fawcett Canalside Park Between the City of Los Banos and Central California Irrigation District (CCID). The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. CITY COUNCIL RESOLUTION NO. 6325 – AUTHORIZING THE MAYOR TO EXECUTE THE RENEWAL OF LEASE AGREEMENT FOR H.G. FAWCETT CANALSIDE PARK BETWEEN THE CITY OF LOS BANOS AND CENTRAL CALIFORNIA IRRIGATION DISTRICT (CCID). Acting Public Works Director/City Engineer Pezeshk presented the staff report. There was Council Member and staff discussion pertaining to the term of this new lease and how it is only ten years long versus the previous twenty-five year term. City Attorney Vaughn noted that the City requested a twenty-five year term but that CCID’s Board did not feel comfortable entering into a lease for that length of time. Council had some concern about investing a large amount of money into this trail moving forward if the lease is for this short of a term. Motion by Lewis, seconded by Lambert, to adopt City Council Resolution No. 6325 – Authorizing the Mayor to Execute the Renewal of Lease Agreement for H.G. Fawcett Canalside Park between the City of Los Banos and Central California Irrigation District (CCID). The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. Motion by Lewis, seconded by to direct City staff to enter into negotiations on a successor agreement two (2) years prior to expiration date. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. GENERAL PLAN UPDATE. Community & Economic Development Director presented the staff report and introduced Joanna Jansen and Cliff Lau from PlaceWorks who spoke in more detail to the status of the General Plan Update, which included a PowerPoint presentation. There was Council Member and staff discussion regarding various aspects of the General Plan update such as schools; future development; major road plans for Pioneer Road, Cardoza Road and Center Avenue; and plans for the Business Park. Staff spoke to how the next General Plan update will come back to Council in the form of a workshop and that there will also be community outreach workshops to get input on potential changes to the Plan. Informational item only, no action taken. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) UPDATE. City Manager Terrazas presented the staff report and introduced Stacie Guzman, MCAG Executive Director who spoke in more detail to the services MCAG provides to Los Banos and Merced County. There was Council Member and staff discussion regarding Measure V funds and how much of those funds have been utilized in Los Banos. There was also discussion pertaining to the waste organics diversion and how the legislative deadline is being pushed back due to COVID-19. City Manager Terrazas spoke to how the City is in a good place pertaining to the organics diversion because the new garbage/recycling contract begins July 1 of this year and that program/system is included in the services. Informational item only, no action taken. MID YEAR BUDGET REVIEW AND CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6326 – ADOPTING A REVISED BUDGET FOR THE 2020-2021 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES. Finance Director Williams presented the staff report, which included PowerPoint presentation. City Manager Terrazas stated that there will be a workshop held on March 17, 2021 for Council in order for them to identify priorities and goals that should be worked into the budget. Motion by Lambert, seconded by Lewis to approve City Council Resolution No. 6326 – Adopting a Revised Budget for the 2020-2021 Fiscal Year as it pertains to Expenditures and Revenues. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. COVID-19 STATUS UPDATE. City Manager Terrazas provided an update on COVID- 19 referencing and showing the Merced County COVID-19 website and all the information that it provides regarding COVID-19 cases, vaccine availability, and the political push to get Merced County its fair share of vaccine doses. ADVISEMENT OF PUBLIC NOTICES (One Report). Community & Economic Development Director Elms reported that a Public Hearing will be held at the Planning Commission Meeting on February 24, 2021 to consider a recommendation to the Los Banos City Council to amend Title 9, Chapter 3, Article 30 of the Los Banos Municipal Code as it relates to Accessory Dwelling Units. CITY MANAGER REPORT. City Manager Terrazas announced that there are a number of openings on the various City commissions/committees and he encouraged citizens to apply. He congratulated Police Officers DeWitt and Hostetler for recently successfully completing their Field Training Programs; they are officially patrolling on their own. The Annual Spring Clean Up Event will be held on March 6 at the fairgrounds. The Police Department recently announced its new “text 911” function. The City is in the process of transitioning to a new waste hauler, Mid Valley Disposal, and there will be a flier sent out soon in the utility bills with more information. The Fire Department’s new training tower is an exciting new project that is in the works and there is also a new fire engine that is stationed at Fire Station No. 2. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria stated that PCE is hiring a professional position to represent Los Banos and they held a meeting recently to ensure that all labor is under prevailing wages and that the people hired are taken care of properly. CITY COUNCIL MEMBER REPORTS. BRETT JONES: No report KEN LAMBERT: No report DEBORAH LEWIS: Council Member Lewis made a formal request to have Police Chief Brizzee present a report to Council on how the Community Development Block Grant supporting code enforcement issues in targeted areas around the City is progressing. REFUGIO LLAMAS: Council Member LLamas expressed his condolences to the families on the recent passing of former Merced County Supervisor Jerry O’Banion and local Church Pastor Bruce Rivers. MAYOR TOM FARIA: Mayor Faria spoke regarding Mr. O’Banion’s and Mr. Rivers’ funeral services and read a comment from Merced County Supervisor Scott Silveira. He encouraged all to pay it forward in their memory. An additional statement made by Supervisor Silveira was read regarding how Merced County has not gotten their fair share of COVID-19 vaccines and what options are available make State officials aware of this displeasure. ADJOURNMENT. Motion by Lewis, seconded by LLamas to adjourn the meeting at 7:16 P.M. to 4:00 p.m., Tuesday, February 23, 2021 to hold a Closed Session – Public Employment, Title: City Manager, Pursuant to Government Code Section 54957, which will be held virtually. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk

Agenda

LOS Banos rossroa .1lifomia www.losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California FEBRUARY 17,2021 - 4:00 PM Temporary Public Comment Email Established for the City of Los Banos City Council Meeting of February 17, 2021 - emails must be received by 4:00 PM: The City has established a temporary email address citizens can use to email public comments on any agenda item, limited to 250 words or less. Any public comments received by February 17,2021 prior to 4:00 PM will be read aloud during the appropriate time and agenda item. The email address is cityclerk@losbanos.org Public comment during -Public -Hearings wiffhe la-ken -in reai time Via email~ iOriC~ thep~~li9. t!~~!lQ~ i~ .9J>~!!e~Lt~~9j¥ 9_2_~_r.!£ir~iIIP~~~S~ tb.~ ,ili~~!I~Q~il 9r~~r tg t~9~v~ em~Jls 9Lr~~ted at th~ pUQI1~ ttearltlg_ (l!P' to ~~Q lNor9§1 and '!ViII read, ~ol!lmenls l!llo !h~ recorrl: ~ft~r res_u!!lTng-th~ meetTtl9.t as tTm~ Qern:!Jt~ iP~as~ Tnd'icate that comlllents ~t~ for ~particuTarpu~Ti2Hear0_g_-b.Y~fflng ~'?~~J~B~~r1l}g:'fu,!h~ ~ubj~9t]n~ Qf !he emalf~n~t~ !~!~_ 91 IhePiili!IQ R~~d~llg~ The Council Chambers are closed to the public. Those interested in viewing the City Council meeting can do so by visiting the following site: https://www.youtube.com/channel/UC3sy5 slYr3447mZsrgl5Tg 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. * * * '* * '* '* * * '* '* * '* '* * * 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 fa junta. ;.. __ __._---_ _._.__ __ . La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ... . ._------_._----_.~_._-_ .. _.--_ ...... _-_ .. _.._.....- .._.... __ __ _ .. .... .... _.--...: 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.orq. * *'*'*'* **'***'*** 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 reunion 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.orq. Los Banos City Council Agenda - February 17, 2021 Page 10f3 1. CALL TO ORDER. 4:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: (City Council Members) Jones __, Lambert __, Lewis __, LLamas __, Faria __ 4. CONSIDERATION OF APPROVAL OF AGENDA. 5. PRESENTATION - PROCLAMATON RECOGNIZING BLACK HISTORY MONTH. 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 may submit their comments by submitting a written statement, limited to 250 words or less, by dropping it off in the Utility Payment Box at City Hall, 520 J Street, by mail or emailing cityclerk@losbanos.orq. Comments received will be read into the record during the City Council Meeting.) 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 #225496 - #225690 in the Amount of $746,217.26. Recommendation: Approve the check register as submitted. B. Minutes for the February 3,2021 City Council Meeting. Recommendation: Approve the minutes as submitted. C. City Council Resolution No. 6323 - Adopting a Revised Budget for the Fiscal Year 2020-2021 by Increasing the Appropriation Amount in the Community Center Fee Account by $20,870.00 for the Replacement of the Boiler at the Los Banos Community Center. Recommendation: Adopt the resolution as submitted. D. City Council Resolution No. 6324 - Approving the Pilot Study Agreement for Hexavalent Chromium Treatment with Aqua Metrology Systems Limited and Authorizing the City Manager to Execute Said Agreement. Recommendation: Adopt the resolution as submitted. E. City Council Resolution No. 6325 - Authorizing the Mayor to Execute the Renewal of Lease Agreement for H.G. Fawcett Canalside Park Between the City of Los Banos and Central California Irrigation District (CCID). Recommendation: Adopt the resolution as submitted. Los Banos City Council Agenda - February 17, 2021 Page 20f3 8. GENERAL PLAN UPDATE. Recommendation: Informational item only, no action to be taken. 9. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) UPDATE. Recommendation: Informational item only, no action to be taken. 10. MID YEAR BUDGET REVIEW AND CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6326 - ADOPTING A REVISED BUDGET FOR THE 2020-2021 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES Recommendation: Receive the staff report and adopt the resolution as submitted. 11. COVID-19 STATUS UPDATE. Recommendation: Informational item only, no action to be taken. 12. ADVISEMENT OF PUBLIC NOTICES. (One report) Recommendation: Informational item only, no action to be taken. 13. CITY MANAGER REPORT. 14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Recommendation: Informational item only, no action to be taken. 15. CITY COUNCIL MEMBER REPORTS. A. Brett Jones B. Kenneth Lambert C. Deborah Lewis D. Refugio LLamas E. Mayor Tom Faria 16. ADJOURNMENT. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing a was posted 0 City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 11 th day of February 2021 Los Banos City Council Agenda - February 17, 2021 Page 30'3

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