City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES APRIL 21, 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 4:03 p.m. PLEDGE OF ALLEGIANCE: Acting Police Chief Hedden 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: Acting City Manager Brizzee, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Elms, Acting Public Works Director/City Engineer Pezeshk, Acting Police Chief Hedden, Fire Chief Hurley. CONSIDERATION OF APPROVAL OF AGENDA: Mayor Faria stated that staff is requesting an item be added to the consent agenda regarding granting an easement and right of way for public streets along Place Road, at the southeast quadrant of its intersection with East B Street (Sunrise Ranch Development), noting that there is an immediate need to take action; the need arose after the posting of the agenda; and the action is necessary so that PG&E can provide power to the new B Street Traffic Signal and to the adjacent Sunrise Ranch Development. Motion by Lewis, seconded by Jones to add the following item to the consent agenda: 7.O. City Council Resolution No. 6359 – Granting the City of Los Banos an Easement for a 50 Foot x 47 Foot Parcel of Land Along Place Road, at the Southeast Quadrant of its Intersection with East B Street, for Public Street Purposes and Authorizing the Acting City Manager to Execute the Required Documents. 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 Jones to approve the agenda as amended with the addition of City Council Resolution No. 6359 – Granting the City of Los Banos an Easement for a 50 Foot x 47 Foot Parcel of Land Along Place Road, at the Southeast Quadrant of its Intersection with East B Street, for Public Street Purposes and Authorizing the Acting City Manager to Execute the Required Documents to the consent agenda as stated. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. PRESENTATIONS. PROCLAMATION RECOGNIZING WEEK OF THE YOUNG CHILD. Mayor Faria read the proclamation and presented it to Scott Waite, Executive Director of First 5 – Merced County who spoke in more detail to the program and services First 5 – Merced County offers. PROCLAMATION RECOGNIZING ARBOR DAY. Mayor Faria read the proclamation and thanked the Parks and Recreation staff for their hard work at this year’s Arbor Day event. 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 7L – City Council Resolution No. 6354 – Approving and Authorizing the City Attorney to Execute an Agreement for Demographic Services with National Demographic Corporation (NDC) to Provide Geographic Information System (GIS)/Demographic Services in the Amount of $25,000 be removed for presentation, discussion, and separate approval. Motion by Lambert, seconded by LLamas to approve the consent agenda as amended as follows: Check Register for #226409 – #226600 in the Amount of $1,210,347.88; Minutes for the April 5, 2021 Adjourned City Council Meeting; Minutes for the April 7, 2021 City Council Meeting; Minutes for the April 12, 2021 Adjourned City Council Meeting; City Council Resolution No. 6347 – Adopting a Revised Budget for the Fiscal Year 2020-2021 to the Water Fund Account by Increasing Expenditures in the Amount of $80,000 as it Relates to the Purchase of Additional Water Meters; City Council Resolution No. 6348 – Accepting the Los Banos City Hall Americans with Disabilities Act (ADA) Counters Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6349 – Approving and Adopting Final Tract Map No. 2017-03 Sunrise Ranch, Phase 3 and Accompanying Subdivision Improvement Agreement; City Council Resolution No. 6350 – Approving and Adopting Final Tract Map No. 2017-03 Sunrise Ranch, Phase 4 and Accompanying Subdivision Improvement Agreement; City Council Resolution No. 6351 – Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 4 and Accompanying Subdivision Improvement Agreement; City Council Resolution No. 6352 – Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 5 and Accompanying Subdivision Improvement Agreement; City Council Resolution No. 6353 – Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 6 and Accompanying Subdivision Improvement Agreement; City Council Resolution No. 6354 – Approving and Authorizing the City Attorney to Execute an Agreement for Demographic Services with National Demographic Corporation (NDC) to Provide Geographic Information System (GIS)/Demographic Services in the Amount of $25,000; City Council Resolution No. 6355 – Granting Pacific Gas & Electric an Easement Consisting of a 10 Foot x 285 Foot and 10 Foot x 40 Foot Strip of Land on the West Side and East Side, Respectively, of Place Road on the South Side of East B Street and Authorizing the Acting City Manager to Execute the Required Documents: City Council Resolution No. 6356 – Approving the Acceptance of State Homeland Security Grant Program Excess Funding in the Amount of $18,943 and Amending the 2020-2021 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $18,943 for the Purchase of Portable Very High Frequency (VHF) Radio Units and Accessories for the Police & Fire Departments; City Council Resolution No. 6359 – Granting the City of Los Banos an Easement for a 50 Foot x 47 Foot Parcel of Land Along Place Road, at the Southeast Quadrant of its Intersection with East B Street, for Public Street Purposes and Authorizing the Acting City Manager to Execute the Required Documents. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. CITY COUNCIL RESOLUTION NO. 6354 – APPROVING AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN AGREEMENT FOR DEMOGRAPHIC SERVICES WITH NATIONAL DEMOGRAPHIC CORPORATION (NDC) TO PROVIDE GEOGRAPHIC INFORMATION SYSTEM (GIS)/DEMOGRAPHIC SERVICES IN THE AMOUNT OF $25,000. City Attorney Vaughn presented the staff report. Council Member Lewis thanked City Attorney Vaughn for explaining this item more in depth for the public to understand. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6354 – Approving and Authorizing the City Attorney to Execute an Agreement for Demographic Services with National Demographic Corporation (NDC) to Provide Geographic Information System (GIS)/Demographic Services in the Amount of $25,000. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RECOMMENDATION TO AMEND TITLE 9, CHAPTER 3, ARTICLE 30 OF THE LOS BANOS MUNICIPAL CODE AS IT RELATES TO ACCESSORY DWELLING UNITS AND TO CONSIDER AN EXEMPTION FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES; ORDINANCE NO. 1190 – AMENDING AND RESTATING ARTICLE 30 CHAPTER 3 OF TITLE 9 OF THE LOS BANOS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS TO IMPLEMENT NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS. (SECOND READING & ADOPTION). Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. Mayor Faria opened the public hearing and asked the City Clerk if she had received any comments by email, for which City Clerk Mallonee stated that she received no comments. Motion by Jones, seconded by Lambert to waive the second reading of Ordinance No. 1190 – Amending and Restating Article 30 Chapter 3 of Title 9 of the Los Banos Municipal Code Relating to Accessory Dwelling Units to Implement New State Law Requirements Relating to Accessory Dwelling Units. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. Motion by Jones, seconded by Lambert to adopt Ordinance No. 1190 – Amending and Restating Article 30 Chapter 3 of Title 9 of the Los Banos Municipal Code Relating to Accessory Dwelling Units to Implement New State Law Requirements Relating to Accessory Dwelling Units. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE SUBMITTAL OF AN APPLICATION IN RESPONSE TO THE 2021 STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NOTICE OF FUNDING AVAILABILITY (NOFA) AND TO SOLICIT CITIZEN INPUT ON POSSIBLE ACTIVITIES TO BE INCLUDED THE APPLICATION; CITY COUNCIL RESOLUTION NO. 6357 – APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020-2021 FUNDING YEAR OF THE STATE CDBG PROGRAM. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. Mayor Faria opened the public hearing and asked the City Clerk if she had received any comments by email, for which City Clerk Mallonee stated that she received no comments. There was Council Member and staff discussion regarding the award process for these grants and how this particular grant would benefit the community. Motion by Jones, seconded by LLamas to approve City Council Resolution No. 6357 – Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2020-2021 Funding Year of the State CDBG Program. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Mayor Faria; NOES: LLamas; ABSENT: None. LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL REPORT. Community & Economic Development Director Elms presented the staff report, introducing Sharon Silva with the Downtown Association who spoke in more detail to the PBID, which included a PowerPoint presentation. Sharon Silva spoke to the website for the public to access for more information – www.losbanosdowntown.org. Motion by Jones, seconded by Lewis to approve the report as submitted. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Mayor Faria; NOES: LLamas; ABSENT: None. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6358 – AUTHORIZING THE ACTING CITY MANAGER TO SUSPEND LATE PENALTIES FOR DELINQUENT WATER, WASTEWATER, SOLID WASTE SERVICES AND BUSINESS LICENSE FEES. Finance Director Williams presented the staff report. There was Council Member and staff discussion regarding what is assumed to happen once June 30 comes around and late fees/shutoffs resume. Finance Director Williams explained that notices continue to go out to the public and that staff has been calling residents that are extremely past due to notify them of the payment plans that are available to them. Council wants to make sure the public is aware of financial assistance options available to them. Motion by LLamas, seconded by Lambert to adopt City Council Resolution No. 6358 – Authorizing the Acting City Manager to Suspend Late Penalties for Delinquent Water, Wastewater, Solid Waste Services and Business License Fees. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER. Human Resources Director Mallonee presented the staff report, which included a PowerPoint presentation. Council decided that they would like to allow for 45 minutes per interview and they will each be submitting three questions to City Clerk/Human Resources Director Mallonee ahead of time. APPOINTMENT OF COMMISSIONER TO THE FOLLOWING COMMISSION: PARKS & RECREATION COMMISSION – ONE (1) VACANCY; ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2021. Motion by Faria, seconded by Lewis to appoint Leonardo Cortez. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. COVID-19 STATUS UPDATE; DISCUSSION REGARDING THE EXISTENCE OF LOCAL EMERGENCY. Acting City Manager Brizzee provided an update on COVID-19 referencing the Merced County COVID-19 website and all the information that it provides regarding COVID-19, tier information, and vaccine availability. There was Council Member and staff discussion regarding options of extending the existence of a local emergency or rescinding it. Council Meeting times were also discussed as to whether meeting times should remain at 4:00 p.m. or if they should go back to the regular time of 7:00 p.m. Motion by Lewis, seconded by Lambert to move forward with Option 1 - Declaring the City Council’s intent to extend the declaration of a local emergency to be considered at the May 5, 2021 City Council Meeting. ADVISEMENT OF PUBLIC NOTICES (Three Reports). Community & Economic Development Director Elms announced that Grocery Outlet is coming to town and will be occupying the old Save Mart building. A Public Hearing will be held to consider a Type 20 Alcohol Use Permit for the off sale of beer and wine for Grocery Outlet. The second item will be a Public Hearing for a mobile food vendor, Tacos La Patrona 209, for relocating from 1100 H Street to 330 W. Pacheco Boulevard. The third item will be for a site plan review to be located in the Home Depot shopping center for the development of a new commercial building. These Public Hearings will be held at the next Planning Commission Meeting on Wednesday, April 28 at 5:30 p.m. CITY MANAGER REPORT. Acting City Manager Brizzee reported that the Dog Park opened on April 19 and how it is a great addition to the community. He spoke to the recent concerns regarding the waste management services and how the City is taking the issue very seriously. There are still some lingering concerns surrounding commercial business pickups but staff is working on finding a resolution. He apologized to the community for having to suffer through these issues. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria stated that we will be adding another scale house at Billy wright landfill which will include an additional entrance/exit. MCAG is programming $800,000 for the synchronization of the signal lights on Pacheco Boulevard. PCE is in the process of interviewing candidates for the community outreach position. There are still vacancies for the citizens oversight commission and Los Banos residents are encouraged to participate. CITY COUNCIL MEMBER REPORTS. BRETT JONES: No report. KEN LAMBERT: Council Member Lambert stated that he attended the “soft opening” at the City’s new Dog Park. He noted that there are some issues surrounding the Park and would like to bring this item back to Council to discuss. DEBORAH LEWIS: Council Member Lewis stated that she, too, had the opportunity to attend the “soft opening” of the Dog Park and agreed that there are a few things that need to be worked out. REFUGIO LLAMAS: Council Member LLamas stated that the Dog Park is great and also noted the great job Acting City Manager Brizzee is doing on addressing the garbage collection issues. MAYOR TOM FARIA: Mayor Faria stated that it is great to see the Los Banos Chamber of Commerce hosting the Street Faire. He spoke regarding the upcoming Los Banos Fire Department Autism Awareness event and the t-shirt fundraiser. He thanked Acting City Manager Brizzee and staff for handling the garbage collection concerns. CLOSED SESSION – CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: ACTING CITY MANAGER BRIZZEE, 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. CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: ONE POTENTIAL CASE. No reportable action. CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: ONE CASE; CITY OF MERCED ET. AL. V MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG). No reportable action. ADJOURNMENT. Motion by Lambert, seconded by Lewis to adjourn the meeting at 9:45 p.m. to 4:00 PM, Monday, April 26, 2021 to Conduct Interviews for City Manager Recruitment Services and Also Make a Selection, Which Will Be Held Virtually and adjourn to 5:30 PM. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Mayor Faria; NOES: LLamas; ABSENT: None. Motion by Lewis, seconded by LLamas to also then adjourn to Tuesday, April 27, 2021 to Conduct a Joint Study Session with the Planning Commission Regarding the General Plan Land Use Element and Business Park Master Plan, Which Will Be Held Virtually and Presented by the City’s Consultant, Placeworks. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Mayor Faria; NOES: LLamas; ABSENT: None. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk