City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 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 6:03 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, Kenneth Lambert, Deborah Lewis, Refugio LLamas, Mayor Manuel Thomas Faria III; ABSENT: None. STAFF MEMBERS PRESENT: Acting City Manager Brizzee, City Attorney Vaughn, Human Resources Director/City Clerk Mallonee, Community & Economic Development Director Elms, Acting Police Chief Hedden, Fire Chief Hurley, Interim Public Works Director Bowersox. CONSIDERATION OF APPROVAL OF AGENDA: Motion by LLamas, seconded by Lambert to approve the agenda as. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. 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 one comment regarding item 8 – Consideration of Approval of City Council Resolution No. 6404 – Appointing a City Manager and Approving and Authorizing the Execution of the Los Banos City Manager Employment Agreement which Mayor Faria stated she could read into the record when the item is presented to the City Council. No other comments were received and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert, seconded by LLamas to approve the consent agenda as follows: Check Register for #228666 – #228871 in the amount of $748,141.58; Minutes for the September 1, 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. 6403 – AUTHORIZING THAT THE ACTING CITY MANAGER EXECUTE THE CONGESTION MITIGATION AIR QUALITY (CMAQ) ASSURANCE OF TIMELY PROJECT DELIVERY FORM FOR THE CITY OF LOS BANOS PIONEER ROAD WIDENING PIONEER ROAD/ORTIGALITA ROAD SIGNALIZATION PROJECT. Acting Public Works Director Bowersox presented the staff report, which included a PowerPoint presentation; Ryan Bissegger with Mark Thomas Consultants presented an overview of the project. There was Council Member and staff discussion regarding the project, where the funds are coming from and how the City will lose the funding for this project if it is decided against or if they do not move forward with it. There was further discussion regarding the overall design and schematics of the project, how it will affect traffic in the area and how Council would like to see something finalized as to what the general area will look like. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6403 – Authorizing the Acting City Manager to Execute the Congestion Mitigation Air Quality (CMAQ) Assurance of Timely Project Delivery Form for the City of Los Banos Pioneer Road Widening Pioneer Road/Ortigalita Road Signalization Project. 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. 6404 – APPOINTING A CITY MANAGER AND APPROVING AND AUTHORIZING THE EXECUTION OF THE LOS BANOS CITY MANAGER EMPLOYMENT AGREEMENT. City Attorney Vaughn presented the staff report and spoke to highlights of the employment agreement to be approved. Mayor Faria asked City Clerk Mallonee to read the comment that was received from the public – KATHY BALLARD, wrote regarding the recruitment process that occurred in choosing the new City Manager, the cost of the overall process along with the cost of this employment contract and also her concerns regarding the new City Manager’s inexperience as it relates to government. Council Member LLamas stated that the comments from the citizen were well-received and understood and that this decision was made with the City’s best interest at heart. Mayor Faria spoke to how Mr. Pinheiro offers unique characteristics such as being raised in Los Banos, knowing the community and the challenges the City faces, and that he is highly intelligent, of the utmost integrity and has many business connections. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6404 – Appointing a City Manager and Approving and Authorizing the Execution of the Los Banos City Manager Employment Agreement. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None. COVID-19 STATUS UPDATE. Acting City Manager Brizzee gave an update regarding COVID-19, which included a PowerPoint presentation. ADVISEMENT OF PUBLIC NOTICES (ONE REPORT). Community & Economic Development Director Elms stated there is a public hearing to consider a Vesting Tentative Tract Map #2021-01, Final Development Plan #2021, and associated Development Agreement for Villages V at Stonecreek – Quail Meadows consistent with the Stonecreek Environmental Impact Report (EIR) which will be held virtually at the next Planning Commission Meeting on Wednesday, September 22, 2021 at 6:00 p.m. CITY MANAGER REPORT. No report. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria stated that MCAG and Measure V Committee have both recently discussed the streets and signalization projects going on in the community. Peninsula Clean Energy is still looking for a Los Banos representative to fill the outreach position. PCE staff is also working on additional outreach measures in order to better educate those in our community about the program. CITY COUNCIL MEMBER REPORTS. KENNETH LAMBERT: No report. DEBORAH LEWIS: Council Member Lewis stated that the Arts Council’s quilt organization held their annual Hometown Heroes ceremony on September 11 for service men and women and local and countywide first responders. Thirteen quilts were handed out and it is always a beautiful ceremony. She mentioned that she had previously requested that the City’s shopping cart ordinance be brought back for updating and hopes it will be on the agenda for the next council meeting. REFUGIO LLAMAS: Council Member LLamas stated that he was hoping we could look at another thoroughfare on the north side of town. BRETT JONES: No report. MAYOR TOM FARIA: Mayor Faria stated that during the September 11 Hometown Heroes ceremony, Assistant Fire Chief Strauch was honored with a quilt. He congratulated him and noted that it was well-earned. The Salute to Seniors event will be held on Friday, September 25. The Farm to Table event was held last week and Louis and Barbara Parreira were honored at that event with the presentation of a proclamation. He reminded all that both the Police and Fire Departments are selling cancer awareness t-shirts and both can be picked up/ordered at each of the stations. The Chamber of Commerce is having their downtown street faire on October 3. 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 by a 5-0 vote, the City Council approved a settlement agreement with Allied Waste Services of North America, LLC, the City’s prior solid waste hauler. The settlement resolves and closes out Allied’s recently expired solid waste franchise. In part, the agreement requires Allied to pay the City $600,000. The City anticipates using these funds to rebate solid waste customers affected by service disruptions in late 2020 and April 2021. The agreement was made without any admission of liability or fault by either party. ADJOURNMENT. Motion by Lambert, seconded by LLamas to adjourn the meeting at 7:56 p.m. 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