City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES MAY 5, 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 4:09 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: Motion by Lewis, seconded by Lambert to approve the agenda as submitted. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. PRESENTATIONS. PROCLAMATION RECOGNIZING TEACHER APPRECIATION WEEK AND NATIONAL TEACHER DAY. Mayor Faria read the proclamation and presented it to Jennifer Wilkin, President of the Los Banos Teachers’ Association, who in turn thanked the City Council for the recognition. PROCLAMATION RECOGNIZING NATIONAL DAY OF PRAYER. Mayor Faria read the proclamation and presented it to Pastor Stephen Hammond, Bethel Community Church who in turn thanked the City Council for the recognition and spoke regarding the upcoming National Day of Prayer activities. CERTIFICATE OF RECOGNITION – VICKI COSTELLO FOR AUTHORING THE BOOK PATTI’S PREDICAMENT. Mayor Faria read the certificate and presented it to Vicki Costello, 2nd Grade Teacher, Mercey Springs Elementary School, who in turn thanked the City Council for the recognition and how much she enjoyed writing the book and is excited to share it with others. CERTIFICATES OF RECOGNITION – MRS. MENDOZA’S 2020-2021 KINDERGARTEN CLASS AT R.M. MIANO ELEMENTARY SCHOOL FOR BEING THE IMAGINE LEARNING PREMIERS CATEGORY WINNER FOR IMAGINE MATH GRADES PRE-K THROUGH 2ND; MRS. ROBINSON’S 2020-2021 4TH GRADE CLASS AT R.M. MIANO ELEMENTARY SCHOOL FOR BEING THE IMAGINE LEARNING PREMIERS CATEGORY WINNER FOR IMAGINE MATH GRADES 3RD THROUGH 6TH; MR. DE ALBA’S 2020-2021 6TH GRADE CLASS AT R.M. MIANO ELEMENTARY SCHOOL FOR BEING ELECTED AS A NATIONAL IMAGINE LITERACY BOWL MVP CLASSROOM FOR AVERAGING 240+ MINUTES DURING THE LITERACY BOWL COMPETITION; MRS. DIAS-HARPER FOR HER LEADERSHIP AT R.M. MIANO ELEMENTARY SCHOOL AND FOR ASSISTING HER TEACHERS AND THEIR CLASSES IN ACHIEVING THEIR MANY ACCOMPLISHMENTS DURING THE 2020- 2021 SCHOOL YEAR; R.M. MIANO ELEMENTARY SCHOOL FOR BEING NAMED THE PREMIER SCHOOL CATEGORY WINNER FOR IMAGINE MATH FOR GRADES PRE-K THROUGH 2ND GRADE AND FOR RECEIVING AN IMAGINE LEARNING BLOCKBUSTER AWARD FOR IMAGINE MATH FOR GRADES 3RD THROUGH 6TH FOR THE 2020-2021 SCHOOL YEAR; R.M. MIANO ELEMENTARY SCHOOL IN RECOGNITION OF RECEIVING A $1,500 “SOMETHING FOR KIDS” GRANT AND A $500 “SCOTTS MIRACLE-GRO” GRANT, WHICH WILL SUPPORT THE MIANO YOUTH GARDEN PROGRAM. Mayor Faria read the certificates and Jennifer Wilkin, President of the Los Banos Teachers’ Association accepted the certificates on behalf of the teachers 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 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 Jones stated that he would like to pull item 7B – City Council Resolution No. 6342 – Accepting Public Improvements for Racquet Club Estates, APN 428-030-021-000, Generally near San Luis Street to the South, Racquet Club Drive to the East, and Mercey Springs Road to the West (Hassan Ahmadi) for discussion. Council Member Jones noted that he would like to pull Agenda Item 7B – City Council Resolution No. 6342 – Accepting Public Improvements for Racquet Club Estates, APN: 428-030-021-000, General Near San Luis Street to the South, Racquet Club Drive to the East, and Mercey Springs Road to the West (Hassan Ahmadi) for a separate discussion. Council Member Jones noted that he was not pleased with the quality of certain improvements made by this particular applicant, that he believes the applicant is getting ready to sell the property and that he would like staff to make sure that any potential buyers know and understand the requirements and expectations of certain things needing attention on that particular property. Acting Public Works Director/City Engineer Pezeshk acknowledged that Council Member Jones comments and concerns were understood. Council Member Lewis stated that she would like to pull item 7F – City Council Resolution No. 6364 – Authorizing the Acting City Manager to Execute Amendment No. 7 to the Landscape Maintenance Services Contract between the City of Los Banos and Ronny’s Inc. as it Pertains to Adding Landscape Services in the Southpointe Subdivision Along Ward Road and Overland Avenue in the Amount of $850 per month for discussion. Council Member Lewis made a note that a full description of the actual landscaping/irrigation services that are to be provided were not clearly outlined in the staff report. She would like to see more detailed information in future staff reports or on estimates provided as exhibits. Acting Public Works Director/City Engineer Pezeshk agreed with and took note of the comment made by Council Member Lewis. Motion by Lambert, seconded by Jones to approve the consent agenda as follows: The motion carried by the following roll call vote: Check Register for #226601 – #226734 in the Amount of $410,635.67; City Council Resolution No. 6342 – Accepting Public Improvements for Racquet Club Estates, APN 428-030-021-000, Generally Near San Luis Street to the South, Racquet Club Drive to the East, and Mercey Springs Road to the West (Hassan Ahmadi); City Council Resolution No. 6361 – Adopting a Revised Budget for the 2020-2021 Fiscal Year as it Pertains to Increasing Expenditures for Fire Department Tuition Reimbursement Costs from Measure P Funds in the Amount of $1,589.70 and Measure H Funds in the Amount of $2,049.03; City Council Resolution No. 6362 – Adopting a Revised Budget for the 2020-2021 Fiscal Year as it Pertains to Increasing Expenditures for Fire Department Specialized Equipment in the Amount of $25,050; City Council Resolution No. 6363 – Accepting a Grant Deed for a 67+ Square Foot Strip of Land for Right of Way Purposes at the Southwest Corner of Travertine Way and Badger Flat Road and Authorizing the Acting City Manager to Execute All Required Documents for this Dedication Acceptance. (Anderson Homes); City Council Resolution No. 6364 – Authorizing the Acting City Manager to Execute Amendment No. 7 to the Landscape Maintenance Services Contract between the city of Los Banos and Ronny’s Inc. as it Pertains to Adding Landscape Services in the Southpointe Subdivision Along Ward Road and Overland Avenue in the Amount of $850 per month; City Council Resolution No. 6365 – Awarding Contract for Legal Advertising to the Los Banos Enterprise for Fiscal Year Ending June 30, 2022 and Authorizing the Acting City Manager to Execute Agreement. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. LEAGUE OF CALIFORNIA CITIES PRESENTATION – BY STEPHEN QUALLS. Acting City Manager Brizzee presented the staff report, introducing Stephen Qualls, Central Valley Division Regional Public Affairs Manager with the League of California Cities (LCC) who spoke in more detail to the services, current activities of, and the support the LCC provides to the City of Los Banos, which included a PowerPoint presentation. Informational item only, no action taken. LOBBYIST PRESENTATION – BY EMANUELS JONES & ASSOCIATES. Acting City Manager Brizzee presented the staff report, introducing David A. Jones, President and Kyra Ross of Emanuels Jones & Associates who spoke in more detail to the services, current activities of, and the support they provides the City of Los Banos, which included a PowerPoint presentation. Informational item only, no action taken. BUXTON CO. RETAIL RECRUITMENT UPDATE AND PRESENTATION. Community & Economic Development Director Elms presented the staff report, introducing Cheyenne Robinson, Account Executive with Buxton Co. who spoke in more detail to the services, current activities of, and the support they provides the City of Los Banos, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the new retailers that are set to open in Los Banos and how there is still a major need for additional healthcare services here in Los Banos. City staff and Buxton staff consistently work to get the word out to medical providers to let them know there is a need here in Los Banos. Informational item only, no action taken. MID-VALLEY DISPOSAL, LLC PRESENTATION. Acting Public Works Director/City Engineer Pezeshk presented the staff report, introducing Joseph Kalpakoff, President of Mid-Valley Disposal, LLC who provided an update on the transition progress as they continue to prepare to begin to provide residential and commercial garbage, recyclable materials and organics waste collection services the City of Los Banos beginning July 1, 2021. There was Council Member and representative discussion pertaining to when the local office will be open and accessible to the public and whether the agency foresees any issues recruiting the amount of drivers needed to provide services to the City. Mr. Kalpakoff stated that local office will be open in the next two weeks and that there are no foreseen issues regarding employing drivers and having them ready to go. Informational item only, no action taken. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6366 – AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) TO PROVIDE OVERSIGHT IN THE DEVELOPMENT OF THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT (PA&ED) FOR THE IMPROVEMENTS ON THE PIONEER ROAD WIDENING PROJECT AT LOCATIONS WHERE CALTRANS HAS JURISDICTION. Acting Public Works Director/City Engineer Pezeshk presented the staff report. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6366 – Authorizing the Acting City Manager to Execute a Cooperative Agreement with the State of California through its Department of Transportation (CalTrans) to Provide Oversight in the Development of the Project Approval & Environmental Document (PA&ED) for the Improvements on the Pioneer Road Widening project at Locations Where Caltrans has Jurisdiction. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. UPDATE ON THE STATUS OF THE CITY OF LOS BANOS STATE ROUTE 152 SIGNAL SYNCHRONIZATION PROJECT. Acting Public Works Director/City Engineer Pezeshk presented the staff report. Informational item only, no action taken. COVID-19 STATUS UPDATE; CITY COUNCIL RESOLUTION NO. 6367 – CONTINUING THE DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF LOS BANOS (COVID-19). 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 keeping an the option for outdoor dining for the restaurants. Some people may not feel comfortable eating indoors and restaurants should have the opportunity to continue that option. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6367 – Continuing the Declaration of the Existence of a Local Emergency within the City of Los Banos (COVID-19). The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. Acting City Manager Brizzee spoke to how he would like to start getting an idea of what time Council would like regular city council meetings to begin and what safety measures could possibly be put into place in the council chambers. Council asked that each member have an opportunity to speak with staff on their preferences pertaining to meeting times and safety measures. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER REPORT. Acting City Manager Brizzee stated that he was able to visit some of the City facilities with Council Member Lambert and how it is always a pleasure to be able to go out and visit with staff from other departments and to hear them talk about their areas of expertise. He and Mayor Faria are currently in the middle of the One Voice virtual tour event. He spoke to the volunteer event that was held where a bunch of youth from the community came out and planted a bunch of trees. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria stated that MCAG is behind the One Voice efforts with legislative individuals in Washington, D.C. to explore various funding options for various different projects that are desired in the County. PCE is in the process of interviewing potential advisory board member candidates for the professional position of community outreach here in Los Banos. Measure V conversations continue as it relates to the Pacheco/Pioneer corridor project and if new information arises, he will share with the Council. CITY COUNCIL MEMBER REPORTS. KEN LAMBERT: Council Member Lambert thanked Acting City Manager Brizzee for giving him the opportunity to take a tour with all the Department Heads in order to better understand the role each of them take in our City. DEBORAH LEWIS: Council Member Lewis stated that she has four (4) council member requests. At the next meeting she would like to bring back the charter ordinance regarding city council meeting times and also a discussion as to whether or not we want to continue to retain the lobbyist firm. At a later date, she would like to see an item brought forward to discuss having a selected council member along with the Mayor attend the trade show event and also an item to discuss the Economic Development Advisory Committee to include a Downtown Association representative. REFUGIO LLAMAS: Council Member LLamas stated that he has gotten a couple of comments from residents about trash and debris being left over after garbage pick-up and he would like staff to look into that. BRETT JONES: No report. MAYOR TOM FARIA: Mayor Faria stated that Clean-up Day was great last week and he thanked City staff for all of their work. He thanked Sherwin Williams Paint for the paint and t-shirts they provided and thanked everyone who participated. Senator Caballero came to town to talk to Los Banos and some of the older businesses we have here in town. He thanked everyone for all the great things they are doing. 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. Mayor Faria stated that this item was not held. 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. ADJOURNMENT. Motion by Lambert, seconded by Lewis to adjourn the meeting at 8:09 p.m. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk