City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JUNE 2, 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 4:05 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, Police Commander Reyna, Fire Chief Hurley, Public Works Operations Manager Via, Parks & Recreation Operations Manager Heim. CONSIDERATION OF APPROVAL OF AGENDA: Motion by LLamas, 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. PRESENTATION - PROCLAMATION RECOGNIZING ANGELINA CERDA’S 103RD BIRTHDAY. Mayor Faria read the proclamation and presented it to Ms. Cerda who in turn 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 comments related to item 11 – Fourth of July Celebration and item 13 – Council Member Request Regarding City Council Meeting Start Times, which will be read during those items. No other comments and the public forum was therefore closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested a presentation of item 7D - City Council Resolution No. 6368 – Adopting a Revised Budget for the 2020-2021 Fiscal Year as it pertains to Increasing Expenditures for General Fund and Enterprise Funds in the Amount of $34,125 Related to City Manager Severance and Solid Waste Professional Services in the Amount of $15,000 Related to Legal Services. Finance Director Williams presented the staff report regarding item 7D - City Council Resolution No. 6368 – Adopting a Revised Budget for the 2020-2021 Fiscal Year as it pertains to Increasing Expenditures for General Fund and Enterprise Funds in the Amount of $34,125 Related to City Manager Severance and Solid Waste Professional Services in the Amount of $15,000 Related to Legal Services. Council Member Lewis inquired as to how much was the total cost for the former City Manager’s salary/severance and the Acting City Manager’s salary costs. Motion by Lewis, seconded by LLamas to approve the consent agenda as follows: Check Register for #226909 – #227194 in the Amount of $996,236.55; Minutes for the May 5, 2021 City Council Meeting; Minutes for the May 19, 2021 City Council Meeting; City Council Resolution No. 6368 – Adopting a Revised Budget for the 2020-2021 Fiscal Year as it Pertains to Increasing Expenditures for General Fund and Enterprise Funds in the Amount of $34,125 Related to City Manager Severance and Solid Waste Professional Services in the Amount of $15,000 Related to Legal Services. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. MICRO BUS PRESENTATION – BY CHRISTINE CHAVEZ, TRANSIT MANAGER WITH MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG). Acting City Manager Brizzee presented the staff report, introducing Christine Chavez who spoke in more detail to the service the Micro Bus will provide, which included a PowerPoint presentation. There was Council Member and staff discussion regarding scheduling pickups and the different routes and stops the Microbus offers. Informational item only, no action taken. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT REGARDING THE USE OF AUTOMATED LICENSE PLATE READERS (A.L.P.R.) AND RELATED SOFTWARE. Police Commander Reyna presented the staff report. 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 for the Public Hearing was closed. There was Council Member and staff discussion regarding the amount of cameras to be purchased, the intersection they will be placed at and what the maintenance upkeep costs are associated with the equipment. Staff will be looking into the warranty of the equipment and reporting back to Council once the information is obtained. No action taken, just an opportunity for discussion and public comment. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT AND CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301 (EXISTING FACILITIES) TO ALLOW THE USE OF A TYPE 20 ALCOHOL LICENSE FOR THE OFF-SALE OF BEER AND WINE FOR GROCERY OUTLET LOCATED AT 1337 E. PACHECO BOULEVARD, APN 026-280-016; CITY COUNCIL RESOLUTION NO. 6369 – FINDING THE PROPOSED PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTION 15301 AND APPROVING CONDITIONAL USE PERMIT #2021-02 TO ALLOW FOR THE OFF- SALE OF BEER AND WINE UNDER A TYPE 20 ALCOHOL LICENSE FOR GROCERY OUTLET LOCATED AT 1337 E. PACHECO BOULEVARD. 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 for the Public Hearing was closed. Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6369 – Finding the Proposed Project to be Categorically Exempt from CEQA Pursuant to Section 15301 and Approving Conditional Use Permit #2021-02 to Allow for the Off-Sale of Beer and Wine Under a Type 20 Alcohol License for Grocery Outlet Located at 1337 E. Pacheco Boulevard. 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 ACCEPTING THE PROPOSED RATE INCREASES IN SOLID WASTE SERVICE FEES FOR COMMERCIAL AND MULTI-FAMILY CUSTOMERS; CITY COUNCIL RESOLUTION NO. 6370 – ESTABLISHING RATES FOR SOLID WASTE COMMERCIAL AND MULTI-FAMILY SERVICE FEES. Finance Director Williams presented the staff report and introduced Nikhil Tagore-Erwin, Project Analyst from R3 who spoke in more detail to the proposed rate increases and the process that the City went through with R3 to get to this point, which included a PowerPoint presentation. City Attorney Vaughn explained the Prop 218 process, reading from a prepared script. 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 for the Public Hearing was closed. Mayor Faria asked City Clerk Mallonee if she had received and written protests for which she stated she had received zero (0) written protests. Furthermore, regarding to the proposed rates for the City’s solid waste commercial and multi-family service fees, a majority of customers directly liable for payment of the fees would equal 285 and zero (0) written protests were submitted by customers directly liable for the payment of solid waste commercial and multi-family service fees. Mayor Faria stated that a majority protest does not exist and the City Council may proceed to consider the proposed City Council Resolution No. 6370 – Establishing Rates for Solid Waste Commercial and Multi-Family Service Fees. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6370 – Establishing Rates for Solid Waste Commercial and Multi-Family Service Fees. 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 LEVY OF THE PROPOSED ANNUAL ASSESSMENT FOR THE 2021-2022 FISCAL YEAR FOR LANDSCAPING AND LIGHTING DISTRICT NOS. 1-7 AND 9-19; CITY COUNCIL RESOLUTION NO. 6371 – CONFIRMING DIAGRAM, ASSESSMENT AND LEVYING ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NOS. 1-7 AND 9-19 FOR THE 2021-2022 FISCAL YEAR. Public Works Operations Manager Via presented the staff report. 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 level of costs in the Districts and how the increases in costs for each District is based on the maintenance of the streetlights, landscaping, any needed improvements etc. Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6371 – Confirming Diagram, Assessment and Levying Assessments for Landscaping and Lighting District Nos. 1-7 and 9-19 for the 2021-2022 Fiscal Year. 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 ACCEPTING THE 2020 URBAN WATER MANAGEMENT PLAN (UWMP) WHICH WILL SUPPORT THE CITY’S LONG-TERM RESOURCE PLANNING AND ENSURE ADEQUATE WATER SUPPLIES ARE AVAILABLE TO MEET EXISTING AND FUTURE WATER DEMANDS. (To be continued to the June 16, 2021 City Council Meeting) Public Works Operations Manager Via presented the staff report, noting that staff is requesting this item be continued to the June 16, 2021 City Council Meeting. 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 Lewis, seconded by Lambert to continue this item and public hearing to the June 16, 2021 City Council Meeting. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6372 – AWARDING PROFESSIONAL SERVICES AGREEMENT TO CSG CONSULTANTS, INC. FOR BUILDING PERMIT PROCESSING, BUILDING INSPECTIONS AND PLAN CHECK SERVICES FOR A PERIOD OF THREE (3) YEARS WITH TWO (2) ADDITIONAL ONE (1) YEAR TERM EXTENSIONS AT THE DISCRETION OF THE CITY COUNCIL. Fire Chief Hurley presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the selection process for this consultant, the areas that made CSG stand out against the other proposers, the type of software CSG uses, and certain aspects of the agreement that is to be approved. A representative present from CSG, Crickett Brinkham, answered questions Council had pertaining to fees, the software and equipment used by CSG, and their normal business processes. Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6372 – Awarding Professional Services Agreement to CSG Consultants, Inc. for Building Permit Processing, Building Inspections and Plan Check Services for a Period of Three (3) years with Two (2) Additional One (1) Year Term Extensions at the Discretion of the City Council. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. FOURTH OF JULY CELEBRATION SPECIAL EVENT. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation. 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 (2) comments for which she read into the record: KATHY BALLARD, wrote in opposition to the City co-sponsoring the Fourth of July Celebration; PATRICIA McCOY wrote in opposition to the City co- sponsoring the Fourth of July Celebration. Council Member Jones asked City Attorney Vaughn to advise on any possible conflicts of interest that may be present due to Council Member Jones being selected by the Council to sit on the Downtown Association Board. City Attorney Vaught spoke to FPPC determinations and opinions and advised that there is no direct violation and that Council Member Jones may participate on the discussion of this item. There was Council Member and staff discussion regarding the various aspects of the item. Various concerns about this even were shared including the short notice provided to the City, the costs associated with the event, the need for additional staff and safety precautions, and whether or not this event falls under and follows the City’s event policy. The City supports the Downtown Association and believes the event would be great exposure for the organization and would also be a morale booster for the community, especially after the hard hits from COVID. Council agreed to wait until the next Council Meeting on June 16 to decide on the City’s participation in this event and asked that the Downtown Association be made aware that the City has a certain policy it needs to follow and a strict spending criteria. APPOINTMENT OF COMMISSIONER TO THE FOLLOWING COMMISSION; TREE COMMISSION – ONE (1) VACANCY; ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2022. Motion by Faria, seconded by Lewis to appoint Shawna Chavarria to the Tree Commission to a term expiring December 31, 2022. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. COUNCIL MEMBER REQUEST REGARDING CITY COUNCIL MEETING START TIMES (COUNCIL MEMBER LEWIS). Acting City Manager Brizzee presented the staff report, noting that there was just an update announced regarding the Governor’s Executive Order being continued for the foreseeable future and how the holding of virtual meetings will continue to be acceptable. The City is, however, aiming to be back in the Council Chambers for the July 7, 2021 council meeting. Council Member Lewis stated that she made this request because our meetings are beginning to be more complicated with a lot of more information, and if the meetings were held at 7:00 pm meetings would be finished up at 11:00 pm/12:00 am and that is why she is asking for the change. She noted that she would like to keep the 4:00 p.m. start time. Mayor Faria asked the City Clerk if she had received any comments by email, for which City Clerk Mallonee stated that she had received one (1) comment for which she read into the record: KATHY BALLARD, wrote in support of keeping the City Council Meeting time at 7:00 p.m. There was Council Member and staff discussion regarding the time options for future in- person Council Meetings and the possible changing of the days of the week. It was decided that in-person Council Meetings, aiming to commence on July 7, will be changed to 6:00 p.m. and the regular first and third Wednesdays of each month will remain for the days of the meetings. Acting City Manager Brizzee noted that at the next Council Meeting on June 16, a revised ordinance along with an urgency ordinance will be introduced in order to assume the new meeting times of 6:00 p.m. Motion by Faria, seconded by Lewis to change the start time of council meetings to 6:00 pm and direct staff to bring back an item to make the formal change. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. COUNCIL MEMBER REQUEST REGARDING ISSUES AT THE DOG PARK (COUNCIL MEMBER LAMBERT). Acting City Manager Brizzee presented the staff report. Council Member Lambert stated that he made this request because of ongoing issues he has noticed at the Dog Park, noting that they have been doing work out there and it looks nice. He is asking for staff to look into putting in key cards or key locks so visitors are monitored to make sure their dogs are licensed through the City. There is too much responsibility being put on staff to care for the facility. He would also like to know how often the Animal Control Officer has gone out there and if he has noticed any concerns. There was Council Member and staff discussion regarding the issues Council Member Lambert spoke to and how others have noticed some of the same concerns regarding visitors not picking up after their animals or leaving things behind. It would be beneficial to have some sort of system in place to be sure members of the public are following the rules of the park, especially as it pertains to licensing, but implementing a system may not be as easy as it seems. Staff was directed to look into costs associated with a key/card lock system, possible surveillance equipment, and additional signage options to better educate the public on the requirements of the park. It was also requested that staff look into how other cities/agencies are handling the same types of issues at their dog parks. This item will be brought back to Council for further consideration once additional information is obtained. COVID-19 STATUS UPDATE. 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 statistics. He spoke to how the Council Chambers will be set up for the July 7, 2021 meeting as far as the seating arrangement goes. ADVISEMENT OF PUBLIC NOTICES (No Reports). CITY MANAGER REPORT. Acting City Manager Brizzee stated that the temperature is getting hot and the cooling center is open by the Church of the Nazarene which is a great partnership; he thanked Public Works Operations Manager William Via, Parks & Recreation Operations Manager Joe Heim and Public Works Administrative Coordinator Jelene de Melo for the fantastic job they have been doing with the absence of some of their co-workers. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria spoke regarding the Micro Bus services MCAG is providing, how PCE hired a Los Banos graduate for the Community Outreach position, Geneca Uribe and appointed the Citizens Advisory Committee Member, Daniel Bairwaldt, and he had nothing to report on Measure V. CITY COUNCIL MEMBER REPORTS. REFUGIO LLAMAS: Council Member LLamas thanked the Parks & Recreation Division for the great work they are doing. He noted that the weather is getting warmer and reminded all to drink water and to be cautious in leaving children and pets in vehicles. BRETT JONES: No report. KEN LAMBERT: Council Member Lambert thanked the presenters tonight for their great presentations. DEBORAH LEWIS: Council Member Lewis inquired as to if PCE is coming back for a presentation and include an update from them on financially what they will be able to provide to the Los Banos community for which Acting City Manager Brizzee stated that they are scheduled for a presentation on June 16, 2021 agenda. MAYOR TOM FARIA: Mayor Faria stated that they met with the CalTrans Safety Committee regarding the highways in town and concerns and encouraged the community to send him any concerns you have to him and how the Los Banos Library is now open, it reopened on June 1st since Merced County has moved to the less restrictive Orange Tier, encouraged all to drop by and say "Hi" to head librarian Nola Ramirez and check out the wonderful programs she and the Library have for this summer, noting that the Library has wonderful new carpeting donated by the Friends of the Los Banos Library. ADJOURNMENT. Motion by Lewis, seconded by Lambert to adjourn the meeting at 8:34 p.m. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk