1. LOsBanos
\r i/1~ Crossroads of CalUcm11a
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JANUARY 18, 2023-6:00 PM
Live stream on YouTube at:
............. httgs://www.youtube.com/@losbanos406 . ......................... .
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 a tender o participar en esta junta par favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la 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.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o las documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n 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 norma/es. Ademas, tales escrituras y las documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
CALL TO ORDER - January 18, 2023 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Paul Llanez - Mayor
Los Banos City Council Agenda -January 18, 2023
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
1 4. CONSIDERATION OF APPROVAL OF AGENDA
Recommendation: Adopt the agenda as submitted.
5. 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 are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
6. 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 #236808 - #236962 in the Amount of $2,904,067.57.
Recommendation: Approve the check register as submitted.
B. Minutes for the December 7, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the December 13, 2022 Special City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. Minutes for the January 4, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
E. Minutes for the January 11 , 2023 Special City Council Meeting.
Recommendation: Approve the minutes as submitted.
F. City Council Resolution No. 6604 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361 .
Recommendation: Adopt the resolution as submitted.
7. APPOINTMENT OF A CITY COUNCIL MEMBER TO THE LOS BANOS
DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT BOARD (LBDPBID).
A City Council Resolution No. 6605 - Appointing Council Member __ to Represent the City of Los Banos on the Los Banos Downtown Property and Business Improvement District (LBDPBID) Board.
Recommendation: Receive the staff report and adopt the resolution as submitted.
8. APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSIONS:
A Parks & Recreation Commission
One (1) Two (2) Year Term - Expiring December 31, 2024.
Los Banos City Council Agenda - January 18, 2023 Page 2 of 4 2 B. Planning Commission
One (1) Four (4) Year Term in District 2 - Expiring December 31, 2026.
One (1) Two (2) Year Term "At-Large" - Expiring December 31, 2024.
Recommendation: Appoint commissioners to fill the vacancies.
9. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
10. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken. 11 . REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (PBID).
Recommendation: Informational item only, no action to be taken.
12. CITY COUNCIL MEMBER REPORTS.
A. Brett Jones - District 3
B. Deborah Lewis - District 4
C. Kenneth Lambert - District 1
D. Douglas Begonia, Jr. - District 2
E. Paul Llanez - Mayor
13. CLOSED SESSION.
A. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b): One Potential Case.
B. Public Employment - City Manager (Recruitment), Pursuant to Government Code Section 54957.
C. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b): One Potential Case.
D. Conference with Labor Negotiators, Pursuant to Government Code Section 54957.6, Agency Designated Representatives: Interim Finance Director Kuhn & City Attorney Vaughn; Employee Organizations: Unrepresented Miscellaneous Employees.
Los Banos City Council Agenda - January 18, 2023 Page 3 of 4 3 14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~ ~-f-~
Lucille L. Mallonee, City Clerk Dated this 13th day of January 2023 Los Banos City Council Agenda - January 18, 2023 Page 4 of 4 4 CK # 236808 - # 236962
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 01 / 11 /2023 - 2:52PM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
236808 12/29/2022 Gregory Almeida
236809 12/29/2022 American Self Storage
236810 12/29/2022 Anderson Pump Company Inc
236811 12/29/2022 Aramark Unifonn Ser Inc
01/18/2023 $2,904,067.57
LOsBanos
Module Void Amount
AP 91.40
AP 1,820.00
AP 7,518.15
AP 213.22
236812 12/29/2022 AramarkUnifonn & Career Apparel Group, Inc. AP 141.76 236813 12/29/2022 AT&T Mobility AP 4,657.15
236814 12/29/2022 Bruce's Tire Inc AP 495.49
236815 12/29/2022 Rachelle Ciuffo AP 704.95
236816 12/29/2022 Comcast AP 108.16
236817 12/29/2022 Copy Shipping Solutions AP 181.85
236818 12/29/2022 LN Curtis & Sons AP 473.07
236819 12/29/2022 Lamar A. Cummings AP 283.30
236820 12/29/2022 Galvin Preservation Associates, Inc. AP 79,388.47 236821 12/29/2022 Henley Pacific, LLC AP 314.45
236822 12/29/2022 Holt of California AP 189.91
236823 12/29/2022 Liebert Cassidy Whitmore AP 4,926.00
236824 12/29/2022 Mark Thomas & company. Inc. AP 30,478.99 236825 12/29/2022 Marfab Inc AP 217.58
236826 12/29/2022 Merced MRI Medical Group AP 65.00
236827 12/29/2022 Mid-Valley Disposal LLC AP 264,364.85 236828 12/29/2022 Monterey Auto Services Inc. AP 667.27 236829 12/29/2022 Monument Row, Inc. AP 22,940.10
236830 12/29/2022 The Office City AP 4,503.59
236831 12/29/2022 OSE AP 82.37
236832 12/29/2022 O'Reilly Auto Parts AP 596.83
236833 12/29/2022 Pete Grove AP 40.00
236834 12/29/2022 Pinnacle Medical Group, Inc. AP 115.00 236835 12/29/2022 Proforce Law Enforcement AP 474.31
236836 12/29/2022 Purchase Power Inc AP 3,030.00
236837 12/29/2022 Riggs Ambulance Service AP 595.00
236838 12/29/2022 Save Mart Supennarkets AP 280.28
236839 12/29/2022 Sorensens True Value AP 2.31
236840 12/29/2022 Superior Pool Products, LLC AP 5,058.31 236841 12/29/2022 Swinerton Builders AP I ,3 I 1,0 18.54 236842 12/29/2022 SWRCB Accounting Office AP 42,353.00
236843 12/29/2022 Tap Master, Inc. AP 7,965.00
236844 12/29/2022 TT Technologies, Inc. AP 2,266.48
236845 12/29/2022 Jennifer Rodriguez AP 21.49
236846 12/29/2022 Century Communities AP 181.02
236847 12/29/2022 Kim Ngoc Ngo AP 69.16
236848 12/29/2022 MHP Builders Inc AP 181.81
236849 12/29/2022 Ethan Conrad Properties AP 94.59
236850 12/29/2022 Century Communities AP 176.28
5 236851 12
/29/2022 Meritage Homes AP 192.09
236852 12
/29/2022 Meritage Homes AP 167
.58
236853 12/29
/2022 Century Communities AP 188
.93
236854 12
/29/2022 Century 21 Select Real Estate, Geneva Brett AP 150.93 236855 12/29
/2022 Meritage Homes AP 165
.21
236856 12/29
/2022 Home Sweet Home Property Management Co. AP 69.15
236857 12
/29/2022 Sherri Coronel AP 18.0 1
236858 12
/29/2022 Chung Do AP 98.60
236859 12
/29/2022 Home Sweet Home Property Management Co. AP 144.39 236860 12/29
/2022 Claudia Garcia AP 45.83
23686 1 12
/29/2022 David and Nora Dozal AP 200.00
236862 12
/29/2022 Dominic Reep AP 371.4 1
236863 12
/29/2022 Lizet Lopez AP IO 1.87
236864 12
/29/2022 Myra Ma AP 200.00
236865
12/29/2022 Jess Soriano AP 98
.13
236866 12/29/2022 Dennis A. & Kirsten Areias AP 98.13
236867
12/29/2022 Borelli Real Estate AP 58
.88
236868 12/29/2022 Hector Gonzalez AP 52.33
236869 12
/29/2022 Stonefield Home, Inc. AP 15.00
236870 12
/29/2022 Alexandrea Ordiniza AP 52.35
23687 1 12
/29/2022 Deisy Deras AP 98.13
236872 12
/29/2022 MHP Builders Inc AP 23.72
236873 12
/29/2022 Meritage Homes AP 23.72
236874 12
/29/2022 Meritage Homes AP 23.72
236875 12
/29/2022 Meritage Homes AP 23.72
236876 12
/29/2022 Jose Martinez Fresneda AP 164.02
236877 12/29/2022 Verizon Wireless AP 418.11
236878 12
/29/2022 Windecker Inc AP 2,896.56
236879 12
/29/2022 Young's Air Conditioning AP 697.00
236890 1/4/2023 Aflac
-Customer Service AP 270.18
236891 1/4/2023 AFSCME District Council 57 AP
1,522.89
236892 1/4/2023 Empower Annuity Ins. Co of America AP
1,407.90
236893
1/4/2023 Empower Annuity Ins. Co of America AP
1,990.00
236894 1/4/2023 Los
Banos Police Assn AP 245
.00
236895 1/4/2023 Los Banos Police Assn AP 840.00
236896 1/4/2023 Mission Square AP 5,775
.00
236897 1/4/2023 Mission Square AP 441.65
236898 1/4/2023 Nationwide Retirement Solutions AP
5,215.00
236899 1/4/2023 Professional Fire Fighter AP 900.00
236900 1/4/2023 State Disbursement Unit AP 937.50
236902 1/6/2023 Abbott & Kindermann, Inc. AP
1,605.45
236903 1/6/2023 Amerigas Propane, LP AP
1,208.37
236904 1/6/2023 Aramark Uniform Ser Inc AP 450
.32
236905 1/6/2023 AramarkUniform & Career Apparel Group, Inc. AP 141.76 236906
1/6/2023 AT&T AP 42.80
236907 1/6/2023 Dorothy June Baker AP 93.96
236908 1/6/2023 Boot Barn AP 346.59
236909 1/6/2023 Borelli Real Estate Service, Inc. AP 90 .00
236910 1/6/2023 Bruce's Tire Inc AP 335.64
236911
1/6/2023 BSK Associates AP 708.00
236912 I /6/2023 Cal Traffic AP
1,333.0 1
236913 1/6/2023 Carlson Scale, Inc. AP
4,766.41
236914 1/6/2023 CDTFA Ca
lifornia Dept. of Tax & Fee AP 726
.00
236915 1/6/2023 Central Cal Service, Inc AP 685.00
236916
1/6/2023 Cintas Corporation No.2 AP 174.46
6 236917 1/6/2023 Central Sanitary Supply AP 311.96
236918 1/6/2023 CSJVRMA AP 413,295.00
236919 1/6/2023 Comcast AP 8.03
236920 1/6/2023 Copy Shipping Solutions AP 304.31
236921 1/6/2023 City of Los Banos ** AP 1,000.35
236922 1/6/2023 Dos Palos Publishing Company AP 100.00
236923 1/6/2023 Electric Drives Inc AP 288.20
236924 1/6/2023 Employee Relations, Inc. AP 50.00
236925 1/6/2023 Gallagher Benefit Services, Inc. AP 6,250.00 236926 1/6/2023 Grainger Parts Operations AP 47.43
236927 1/6/2023 Henley Pacific, LLC AP 64.28
236928 1/6/2023 Guadalupe Hernandez AP 714.00
236929 1/6/2023 Lucas Business Systems AP 1,813.82
236930 1/6/2023 Mark Thomas & company. Inc. AP 44,056.40 23693 1 1/6/2023 Justin Melden AP 172.00
236932 1/6/2023 Merced Truck & Trailer Inc AP 1,949.44
236933 1/6/2023 Mid Cal Pipeline & Utilities, Inc. AP 396,834.00 236934 1/6/2023 Monterey Auto Services Inc. AP 100.00
236935 1/6/2023 NDN International LLC AP 3,305.70
236936 1/6/2023 O'Dell Engineering AP 15, 142.75
236937 1/6/2023 O'Reilly Auto Parts AP 628.79
236938 1/6/2023 Pace Supply Corp. AP 1,452.89
236939 1/6/2023 Pinnacle Medical Group, Inc. AP 115.00
236940 1/6/2023 Pitney Bowes Inc AP 129.40
236941 1/6/2023 Premier Access Insurance Co. AP 21 ,801.38 236942 1/6/2023 Protech Security & Electronics, Inc. AP 180.00 236943 1/6/2023 Razzari Ford AP 2,690.75
236944 1/6/2023 Regal Pacific Contracting and Compliance Inc. AP 2,477.50 236945 1/6/2023 Ronny's Inc. AP 45,581 .88
236946 1/6/2023 Ronny's Inc. AP 20,548.67
236947 1/6/2023 Ronny's Inc. AP 35, 103.64
236948 I /6/2023 SJVAPCD AP 1,288.00
236949 1/6/2023 Save Mart Supermarkets AP 64.67
236950 1/6/2023 Sorensens True Value AP 387.58
236951 1/6/2023 Stanislaus Farm Supply AP 35.87
236952 1/6/2023 Sun Life Financial AP 6,948.24
236953 1/6/2023 Moon Schwenke AP 600.00
236954 1/6/2023 T-Mobile USA Inc. AP 25.00
236955 1/6/2023 Jennifer Topete AP 714.00
236956 1/6/2023 Paul Tualla AP 42.71
236957 1/6/2023 Valley Entry Systems, Inc. AP 2,300.00
236958 1/6/2023 VCA Animal Hospitals, Inc. AP 323.63
236959 1/6/2023 Valley Pro Contractor, Inc AP 2,920.00
236960 1/6/2023 Westside Water Conditioning AP 193.50
236961 1/6/2023 Windecker Inc AP 33,065.90
236962 1/6/2023 Young's Air Conditioning AP 184.00
Break in check sequence due to the following: Total Void Check Count: 0 Check #236880 - #236889 (Payroll) Total Void Check Amount:
Check #23690 1 (Payroll) Total Valid Check Count: 144
Total Valid Check Amount: 2,904,067.57
Total Check Count: 144
Total Check Amount: 2,904,067.57
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
DECEMBER 7, 2022
'A CTION MiNiJfES - These minutes are prepared to depict action taken 'for agenda items presented to tne City Council. for detail of this meeting rcefer to the lectronir; {!Je]!ia (CD and/or audfp) k~p_t as ij permanentr~_eq,ra.
** Holiday Open House held prior to the meeting from 4:30 p.m. to 6:00 p.m.
CALL TO ORDER: Mayor Pro Tern Larnbert called the City Council Meeting to order at the hour of 6:03 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas; ABSENT: None.
STAFF MEMBERS PRESENT: Interim City Manager Wellman, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Finance ManagerTomas, Community & Economic Development Director Souza Elms, Fire Chief Tuai la! Public Works Director/City Engineer Jhan, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Pro Tern Lambert stated that item 9 - Certificates of Recognition is being moved up on the agenda to be presented next, before item 5 - Consideration of Certification of Votes of Municipal Election, November 8, 2022.
Motion by Jones, seconded by Llamas to approve the agenda as amended, with the moving of item 9 - Certificates of Recognition to be moved up on the agenda to be presented next, before item 5 - Consideration of Certification of Votes of Municipal Election, November 8, 2022. The motion carried by the affirmative action of all Council Members present.
CERTIFICATES OF RECOGNITION - JUSTIN RAGUNTON - PLANNING TECHNICIAN, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR NOVEMBER 2022; AL YSSHA M°CCLENDON- IN RECOGNITION OF HER SELFLESSNESS AND ACTS OF KINDNESS SHE SPREADS AROUND OUR COMMUNITY. Mayor Pro Tern Lambert presented and read the Certificates of Recognition to Justin Ragunton and Alyssha McClendon who were in attendance to accept.
CONSIDERATION OF CERTIFICATION OF VOTES OF MUNICIPAL ELECTION, NOVEMBER 81 2022; CITY COUNCIL RESOLUTION NO. 6589 - CERTIFYING RES UL TS
OF THE MERCED COUNTY GENERAL ELECTION HELD IN THE CITY OF LOS BANOS ON NOVEMBER 81 2022 AS IT PERTAINS TO THE ELECTION OF THE MAYOR, CITY COUNCIL MEMBERS FOR DISTRICTS 2 & 3, AND CITY CLERK. Motion by Jones, 9 seconded by Lewis to adopt City Council Resolution No. 6589 - Certifying Results of the Merced County General Election Held in the City of Los Banos on November 8, 2022 as it Pertains to the Election of the Mayor, City Council Members for Districts 2 & 3, and City Clerk. The motion carried by the affirmative action of all Council Members present.
ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS. MAYOR PAUL LLANEZ, COUNCIL MEMBER DOUGLAS SCOTT BEGONIA, JR. - DISTRICT 2 AND COUNCIL MEMBER BRETT JONES - DISTRICT 3. City Clerk Mallonee administered the oaths of office to Mayor Paul Llanez, Council Member Douglas Scott Begonia, Jr. - District 2 and Council Member Brett Jones - District 3.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Douglas Begonia, Jr., Brett Jones, Deborah Lewis, Paul Llanez; ABSENT: None.
PRESENTATIONS: CITY COUNCIL RESOLUTION NO. 6590 - A RESOLUTION OF COMMENDATION TO REFUGIO LLAMAS; CITY COUNCIL RESOLUTION NO. 6591 - A RESOLUTION OF COMMENDATION TO KIMBERLY ANN TOMAS. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6590 - A Resolution of Commendation to Refugio Llamas. The motion carried by the affirmative action of all Council Members present. Mayor Llanez read and presented the resolution to Mr. Llamas who was in attendance to accept.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6591 - A Resolution of Commendation to Kimberly Ann Tomas. The motion carried by the affirmative action of all Council Members present. Mayor Llanez read and presented the result to Mr.
Tomas who was in attendance to accept.
REORGANIZATION OF CITY COUNCIL - SELECTION OF MAYOR PRO TEM. Motion by Llanez, seconded by Jones to appointment Council Member Kenneth Lambert as Mayor Pro T em. The motion carried by the affirmative action of all Council Members present.
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 Llanez opened the public forum and asked those at the meeting if they would like to speak. JIM VALENTINE, Los Banos Kiwanis Club, spoke regarding the upcoming Christmas Eve Dinner being held on December 24, 2022 from 11 am to 2 pm at Fire Station #1, the history behind the annual event and welcomed any help that day from the community; TODD CRAIGER, spoke regarding his history with the City of Los Banos and speaking to the City Council regarding Mayor Paul Llanez and then presented Mayor Llanez with a Fresno Grizzlies jersey and a baseball bat in celebration of his election to Mayor of Los Banos; CRYSTAL WILSON, with Valley Spring Medical Care, introduced herself and stated how excited they are to be part of the community, how they are only hiring local and anything they can do to please let them know; TONY WHITEHURST, Los Banos Chamber of Commerce, spoke to the pride and gratitude for the help with the Annual Christmas Parade and the cooperation with the weather, and how 10 appreciative he is to City staff and all those who helped us put it all together, thanked the City for their ongoing support of the Chamber of Commerce and helping us develop a plan to better our organization and the local businesses, wished all a Merry Christmas and thanked the Chamber of Commerce members in attendance for all their support; KA THY BALLARD, thanked the City for all they do to help the Chamber of Commerce and all the businesses in town.
Mayor Llanez asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: MARIA SALINAS, lives at the Rancho Los Banos Mobile Home Park and wrote regarding her concerns with the homeless encampment and urged the City to relocate it to another location; CHANDRA LEWIS wrote that Rancho Los Banos Mobile Home Park conducted a survey regarding their concerns with the homeless encampment near their them and spoke regarding her concerns and then forwarded by email the surveys which are on file with the City Clerk from: Mike Buckley, Thomas & Anna Denham, Crystal Martinez, Penny Baker, Anonymous Tenant A404, Jeff Bach, Anonymous Tenant A406, Anonymous Tenant A407, Katherine Lawrence Tenant A408, Anonymous Tenant A409, LaDonna Perry, Anonymous Tenant A411, Minerva Rodriguez, Anonymous Tenant A414, Anthony Lovato, Anonymous Tenant A416, Anonymous Tenant A417, Anonymous Tenant A418, Mary Jimenez, Rosa Ozo, Anonymous Tenant A421, Anonymous Tenant A423, Anonymous Tenant A424, Anonymous Tenant A425, Anonymous Tenant A426, Anonymous Tenant A428, Anonymous Tenant A429, Anonymous Tenant A430, Anonymous Tenant A431, Anonymous Tenant A422, Anonymous Tenant A427, Anonymous Tenant A412, Council Member Lewis asked the City Clerk to read all the additional written in comments on each form, for which the City Clerk did. Police Sergeant Mendez read the Spanish language complaints into the record. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis asked to remove item H - City Council Resolution No. 6594 - Authorizing Award of Contract to AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement Survey and Pavement Management System Implementation and Adopting a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund for discussion and approval.
Check Register for #235935 - #236374 in the Amount of $716,578.82; Minutes for the October 19, 2022 City Council Meeting; Minutes for the November 2, 2022 City Council Meeting; Minutes for the November 16, 2022 City Council Meeting; Measure P Oversight Committee Report; City Council Resolution No. 6592 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Council Resolution No. 6593 -Approving Acceptance of a UC Davis Spay Neuter Grant in the Amount of $50,000 and Amending the 2022/2023 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $50,000; City Council Resolution No. 6594 - Authorizing Award of Contract to AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement Survey and Pavement Management System Implementation and Adopting a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund; City Council Resolution No. 6595 -Adopting a Revised Budget for the 2022/2023 Fiscal Year as 11 it Pertains to Increasing Expenditures in the Fire Department Uniforms Account in the Amount of $6,635; City Council Resolution No. 6596 - Adopting a Revised Budget for the 2022/2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire Department Recruitment Account in the Amount of $4,650. The motion carried by the affirmative action of all Council Members present.
City Council Resolution No. 6594 - Authorizing Award of Contract to AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement Survey and Pavement Management System Implementation and Adopting a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund . Council Member Lewis - inquired as to the budgeted amount and would like an explanation for the increase for which Public Works Director/City Engineer Than responded.
Motion by Lewis, seconded by Begonia to approve City Council Resolution No. City Council Resolution No. 6594 - Authorizing Award of Contract to AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement Survey and Pavement Management System Implementation and Adopting a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund. The motion carried by the affirmative action of all Council Members present.
COUNCIL MEMBER REQUEST REGARDING THE HOMELESS ENCAMPMENT (0 0 1.!!JNClb MEMBER ~EWIS) (CONTINUED FROM THE NOVEMBER 2, 2022 MEETING).
Police Commander Reyna presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding Mayor Llanez inquired as to the last known total of homeless people in the community, which was stated to be around 120.
Council Member Lewis spoke to how Option 1 is quite expensive, we don't know how long the cameras will last and if they will be destroyed, destruction to the wall along with the costs that the city has incurred with the fence, not a viable alternative for $140,000, putting the funds into buying a hotel to turn into a homeless shelter, why we are allowing the senior citizens to feel unsafe at the mobile home because of the homeless encampment, recommendation to disband it and quickly work on other options to get places for homeless people to live. She spoke to a homeless shelter in Santa Barbara that was built and there were strict requirements and guidelines to be able to live there, and then they also had a motel for the next level of people, she feels we have got to come up with something better, we can't change people's minds, and there is not a lot of mental health treatment available in California, possibility of purchasing a hotel is the most viable way and least costly way to get people off the street, doesn't feel that spending money to on the current situation is the right thing to do, we have to figure out a way to help the situation, start having workshops.
Council Member Lambert spoke to how he deals with this at his business because his business is on the rail trail and how the homeless are going to be a problem wherever we go, they don't want to leave the current location, if we disband it they will stay there, feels that cameras are a good idea and the security guard is too expensive, would rather see 12 containers than a motel, would rather like to see improvements done out there, and he is for not shutting it down. He added that the idea of a shelter is something he supports, he inquired as to how long is that process, what are we going to do the meantime, we are going to have to grant write every year, we are going to have to manage all this and come up with a solution now, he feels closing the shelter will cause problems.
Council Member Jones spoke to how frustrating this is, earlier this year it was a wellmanaged item, middle of the year it started falling apart, he is not on board for spending any money on it, need to figure out a better plan, not sure if a motel is a smart idea. He inquired as to what it would look like to close the current encampment for which Police Commander Reyna explained what would happen. Council Member Jones inquired as to what are we going to do to keep them out of the area for which Police Commander Reyna explained what would happen. Thoughts as to if we are we asking staff to continue with what we are currently doing until we can figure out something else to do Mayor Llanez spoke to the number of homeless we are dealing with, instead of moving the problem we need to face the problem, they are people, we need a shelter that is run correctly with programs, with enough beds and fix the municipal code to address those committing crimes, how Option 3 is the option that works for him, he supports closing the current encampment and work with staff on building a homeless shelter. He feels currently there are no consequences, need to build a plan and program that works to address all these issues. He added that it is important for the community to understand the positives, we have to take this one step at a time, would like to see us make a selection tonight.
Interim Finance Director Kuhn stated that the City is going through the process of developing timelines for every project and coming up with plans, this would be a 12 month to 2 year process, we are trying to present everything we have identified and having a clear picture of what is all coming ahead, spoke to grant writing and how it is competitive and all that comes with something like this.
Interim Finance Director Wellman stated that it is a matter of being relentless, and really meeting human needs and explained the different types of homeless, the two new positions in the process of being developed and will be on my desk for approval, should have more information for you at a future meeting.
Council Member Begonia stated that he sees more homeless outside the encampment then in it, we will level it and they will be back, how it is in my district, he feels it is a start, hopefully it works out and he does see them coming right back.
Motion by Lewis, seconded by Lambert to go with Option 3, close the current Rail-Trail Encampment and absorb the current population of approximately 15-20 adults back intot he community. The motion carried by the affirmative action of all Council Members present, Lambert voting No.
AMERICAN RESCUE PLAN ACT (ARPA) PROPOSED CHANGES TO SPENDING PLAN AS IT RELATES TO THE RAD CARD PROGRAM, SMALL BUSINESSES, AND NONPROFIT ASSISTANCE PROGRAM; CITY COUNCIL RESOLUTION NO. 6597 - AUTHORIZING A CHANGE TO ARPA SPENDING PLAN. Council Member Lambert stated 13 that he is recusing himself from this item due to a conflict of interest and left his seat at the dais and the Council Chambers.
Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the cap out amount of $50,000 and the through process of recommending that amount, how it starts off as a loan and then turns into a grant to insure the money helps the business keep going and there is criteria that will have to be met and compliance requirements for the first 4 months, the process of outlining the criteria instead of a revenue replacement base, sharing the criteria with Council once it is finalized, how the non-profits will fit in to the criteria and how they fit in to the RAD Program for which Interim Finance Director Kuhn, how a lot of businesses in our downtown area are renting from an owner and will that be considered, thoughts that $50,000 is high and wanting to see $25,000 in the first cycle but in case it's not all used up and do a second funding cycle for those who have already applied if funds area available, what indicators are you going to judge the success of this and/or go back to the drawing board for which Interim Finance Director Kuhn explained that he was thinking a 6-7 month cycle and we can come back and figure out if it is a success or not and explained the general criteria concept again that staff is working on.
Motion by Jones, seconded by Lewis to adopt City Council Resolution No. 6597 - Authorizing a Change to ARPA Spending Plan, with a $25,000 cap. The motion carried by the affirmative action of all Council Members present, Lambert absent.
Council Lambert returned to the Council Chambers and his seat at the dais.
ADOPTION OF A RESOLUTION APPROVING THE LOW IMPACT DEVELOPMENT STANDARDS PLAN; CITY COUNCIL RESOLUTION NO. 6598 -ADOPTING THE POST CONSTRUCTION STORMWATER LOW IMPACT DEVELOPMENT STANDARDS PLAN.
Public Works Director/City Engineer Than presented the staff report, introducing Gretchen Heisdorg, Project Manager with Provost & Pritchard Consulting Group, who spoke in more detail, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding if this would apply to residential, if it's citywide, and only for those building something new.
Interim City Manager Wellman stated that he has particular interest in water, wastewater, stormwater having run 3 water districts in the past, what he hears is that the flushing through aquifers may have a positive effect on levels of chrom 6, arsenic, etc for which Ms. Heisdorg stated that blended water source is a great benefit.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6598 - Adopting the Post Construction Stormwater Low Impact Development Standards Plan. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF FILLING CITY TREASURER VACANCY BY APPOINTMENT OR CALL FOR SPECIAL ELECTION. Interim Finance Director Kuhn and City Attorney Vaughn presented the staff report.
14 There was Council Member and staff discussion regarding city treasurer responsibilities, current laws impose special duties and experience, if we go with the application process and we don't have applicants that meet the criteria, what happens for which Interim Finance Director stated that he can bring them up to speed if they have a simple banking knowledge, if we do not find someone we will default to a special election.
Interim City Manager Wellman spoke to his experience with another city some years ago regarding unsigned treasurer reports and how cash had not been reconciled and end results had police and fire working furlough days, but he is confident in Kuhn's capabilities. Interim Finance Director Kuhn stated that the Finance Department does balance cash every month, and spoke to the City's investments and his ideas for other financing ideas.
Motion by Lambert, seconded by Begonia to fill the City Treasurer vacancy by appointment and advertise the as presented by staff. The motion carried by the affirmative action of all Council Members present.
APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON THE SELECTION COMMITTEES FOR THE FOLLOWING COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION - FOUR (4) VACANCIES, THREE (3) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2024, ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31, 2023; MEASURE H CITIZENS' OVERSIGHT COMMITTEE - THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2024:
MEASURE P COMMITTEE - THREE (3) VACANCIES, THREE (3) THREE (3) YEAR TERMS - EXPIRING DECEMBER 31, 2025: PARKS & RECREATION COMMISSION - THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2024; PLANNING COMMISSION -THREE (3) VACANCIES, ONE (1) VACANCY IN DISTRICT 2 - EXPIRING DECEMBER 31, 2026, ONE (1) VACANCY IN DISTRICT 3 - EXPIRING DECEMBER 31, 2026, ONE (1) AT-LARGE VACANCY - EXPIRING DECEMBER 31, 2024: TREE COMMISSION - TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS- EXPIRING DECEMBER 31, 2024. Motion by Llanez, seconded by Jones to appoint Council Member Lambert to serve with the Mayor on the Selection Committee for the Airport Advisory Commission. The motion carried by the affirmative action of all Council Members present
Motion by Llanez, seconded by Jones to appoint Council Member Begonia to serve with the Mayor on the Selection Committee for the Measure H Committee. The motion carried by the affirmative action of all Council Members present
Motion by Llanez, seconded by Jones to appoint Council Member Lewis to serve with the Mayor on the Selection Committee for the Parks & Recreation Commission. The motion carried by the affirmative action of all Council Members present Motion by Llanez, seconded by Jones to appoint Council Member Lewis to serve with the Mayor on the Selection Committee for the Tree Commission. The motion carried by the affirmative action of all Council Members present
CONSIDERATION OF THE CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2022 DUE TO THE HOLIDAY SEASON. Motion by Lewis, seconded by Lambert to cancel the December 21, 15 2022 City Council Meeting due to the Holiday Season. The motion carried by the affirmative action of all Council Members present
ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Souza Elms reported that there will be three Public Hearings at the Planning Commission on December 14, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-20 to allow the operation of a mobile food vending vehicle on private property for Ana Karen Ordonez dba Mariscos El Aguachilense located at 402 Washington Avenue; a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-27 to allow the operation of a mobile food vending vehicle on private property for Teodomiro Gomez dba El Sabor De Mi Rancho located at 726 I Street; and Conditional Use Permit #2022-11 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine for a bona-fide eating place, Noodles Pho U located at 435 W. Pacheco Boulevard.
CITY MANAGER REPORT. Interim City Manager Wellman stated that 5 months have gone by in a blink of an eye, it has been fun and he will miss all of you.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Council Member Lewis stated that at the last MCAG meeting the cycle 3 funding for the Pioneer Road improvement was not used by the City of Los Banos, she was told that the money was in jeopardy, our former City Manager was notified of the jeopardy of this money and was meeting with staff regularly about the money and we did not finish our CEQA process, so they reallocated the money to Merced side, even though we recently had a meeting in the Council Chambers to relcass that money and give it a different name Pioneer Street Completion Project, we have lost the $1.6 million for this project and won't be getting it back and is a big loss to our city, noting how hard staff has worked hard to get this funding through Measure V.
CITY COUNCIL MEMBER REPORTS.
KENNETH LAMBERT: Congratulated our new members Council Member Doug Begonia and Mayor Paul Llanez and looks forwarding to working with you.
DOUGLAS BEGONIA, JR.: Stated that he is excited and honored to be up here with all of you, look forward to working for this City and with the citizens.
BRETT JONES: Welcomed new Mayor Llanez and Council Member Doug Begonia, great to see you up here.
DEBORAH LEWIS: Congratulations to our new Council Member and Mayor on your election and she looks forward to working with you; thanked Council Member Llamas for his dedication and service to the city, she made note that today was Pearl Harbor Day and the importance in that catapulted us into WWII. Thanked Fire Captain Daniel Freeman and Fire Chief for giving us a ride in the fire truck in the Christmas parade, yesterday IHOP 16 opened and there will be a planned event with a ribbon cutting with the city and the chamber in attendance. She requested that with the ARPA money if there is any additional funds that it would go towards the animal shelter and making things better.
PAUL LLANEZ: Thanked some special guests who joined us tonight, how his job is unity and he is here to bring them all together, to city staff he stated that he is here to support you, thanked the Council and you have his respect, but his job is to communicate to the community to work together, and he thanked his wife and kids for joining us tonight.
CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(8):
(ONE POTENTIAL CASE). No reportable action.
PUBLIC EMPLOYMENT, TITLE: INTERIM CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.
PUBLIC EMPLOYMENT - CITY MANAGER (RECRUITMENT), PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.
ADJOURNMENT. The meeting was adjourned at 10:32 p.m.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 CITY OF LOS BANOS
SPECIAL CITY COUNCIL MEETING MINUTES
DECEMBER 13, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 5:01 p.m.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Acting Police Chief Reyna.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez.
STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Acting Police Chief Reyna
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
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. Mayor Llanez opened the public forum and invited the public to come forward to speak: KATHY BALLARD, spoke regarding how long she has been in business and her experience with dealing with employees who have been let go and how the if the employee is brought back they have more power than the employer and creates a dysfunctional workplace and encouraged council to listen to the consultant who has experienced people and to think about the whole city. Mayor Llanez asked if there were any written comments received and City Clerk Mallonee stated that she received no comments to be read into the record . No one else came forward to speak and the public forum was closed.
CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(8): ONE POTENTIAL CASE. No reportable action.
CLOSED SESSION - PUBLIC EMPLOYMENT, TITLE: INTERIM CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. By a vote of 4-0, with Council 19 Member Jones recusing himself, the City Council has taken action to appoint Stacy Souza Elms as the Interim City Manager and approve the Seventh Amendment to her Employment Agreement effective December 29, 2022 and authorizing the Mayor to execute the agreement. The City Council would like to thank Mr. Wellman for his valuable service as our interim City Manager and for the time he spent with our City.
CLOSED SESSION - PUBLIC EMPLOYMENT - CITY MANAGER (RECRUITMENT), PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.
ADJOURNMENT. Motion by Lambert, seconded by Jones the meeting was adjourned.
The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
20 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JANUARY 4, 2023
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.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Acting Police Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:
None.
STAFF MEMBERS PRESENT: Interim City Manager Souza Elms, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, Fire Chief Tualla, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Jones to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS.
CERTIFICATES OF RECOGNITION: EMPLOYEE OF THE YEAR 2022- IVAN MENDEZ, POLICE SERGEANT; EMPLOYEE OF THE MONTH FOR DECEMBER 2022 - KELSEY DAGUERRE, ACCOUNTING CLERK II. Mayor Llanez presented and read the Certificates of Recognition, for which Ivan Mendez and Kelsey Daguerre attended to accept.
PROCLAMATIONS RECOGNIZING CITY COMMISSIONERS: DAVE ANDERSON -
AIRPORT ADVISORY COMMISSION, LARRY LEONARDO - AIRPORT ADVISORY
COMMISSION, DAVID KING - AIRPORT ADVISORY COMMISSION, RICHARD
STEWART - MEASURE P COMMITTEE, GERALD GIESEL - MEASURE P COMMITTEE,
TOM NEEB - MEASURE P COMMITTEE, GARY MUNOZ - PARKS & RECREATION COMMISSION, CLARENCE "ROB" ROBINSON - PLANNING COMMISSION, JOHN CATES - PLANNING COMMISSION. Mayor Llanez presented and read the Proclamations, for which Larry Leonardo was in attendance to accept.
PROCLAMATION - RECOGNIZING REVEREND DR. MARTIN LUTHER KING, JR. DAY.
Mayor Llanez presented and read the proclamation.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION 21 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 Llanez opened the public forum and asked those at the meeting if they would like to speak. TONY WHITEHURST, President of the Chamber of Commerce, wished all a Happy New Year and a pleasure to see you all, he spoke to the struggles the Chamber of Commerce is going through, losing half of their membership through the pandemic, he then introduced Executive Director Michelle Sandoval who gave a brief report on what they have been doing the last four months, new members, working on their major events, upcoming ribbon cutting with Planet Fitness on January 16, 2023 at 4: 15 pm and invited the Council Members to attend their mixers and show their support; JIM COELHO, spoke on behalf of the local pickleball group and requested to put the courts on the rail trail property to bring people to the downtown, how the pickleball community is growing and the need for more courts, the positives that a pickleball facility will bring the community, and will be great exposure for our community; LAURA BALATTI, spoke in support of pickleball and a gave a little background, how they are getting new players daily, it is a game for all ages, wants access to pickleball courts for all in the community, the benefits of pickleball, hopes plans are moving forward, concerned that ARPA funds might be lost, would request that they please invite experienced pickleball players to be a part of the planning process; KATHERINE & CHLOE YOUNG, members of the pickleball community, spoke to how the sport of pickleball is growing, would reach more members of the community if you could have courts available to public, its fun and kind of silly, great exercise and appreciate the City Council moving forward and helping us out; DAYNA VALADAO, amazed at the cost that the pickleball courts are budgeted at, spoke regarding the option to eliminate the lights to cut costs especially because our working people need a place to play at night, pickleball makes you happy, makes you fit and brings everyone together and asked all the pickleball members to stand up that were at the Council Meeting; KATHY BALLARD, Los Banos, stated that she supports pickleball and but is not in support of the cost of the proposed pickleball courts, she suggested to save costs by building the pickleball courts near an energy source, supports putting them downtown on the rail trail; SHANDRA LEWIS, resident and Rancho Los Banos Mobilehome Park, she understands that the homeless encampment is to be removed, but they are still having problems with them, cars are being stolen, she had to report a man in the park in a stolen vehicle, doesn't want City Council to go back on not moving it, they are doing more than just trespassing, she is being threatened when she confronts them, she supports closing the encampment for the safety of those living at the mobile home park; BLANCHE WILLIAMS, citizen of the Los Banos Downtown, spoke on behalf of the Los Banos Elks Lodge and how they have received 3 grants to buy warm clothing for the homeless, donated to the community over $1 million over the years, have applied for many grants, i.e. infrared red equipment, dictionaries for third graders, backpacks for fourth graders, Say No to Drugs education efforts, laptops for Kingsview so that they could continue learning online during the pandemic, boots and socks for the homeless veterans, the Elks Lodge has been providing a lot to our city and invited others to help out as they welcome the help, suggests that in future planning for the homeless shelter to have sponsorship of rooms; TOM BALATTI, stated that he is a big proponent of pickleball in our City, how recreation has gone backwards in our City and we really need to look at recreation overall, he has gotten to know Parks & Recreation Manager Joe Heim and you have a gem; ANNE McCAULEY gave a shout out to Westside Express and the masterfully job they have done to bring this newspaper to life, we have heard so 22 much talk about bringing business to Los Banos and bringing livable wages, we could have been Patterson, we never had companies seriously talking about coming to Los Banos until Josh Pinheiro showed up, she has since learned about things that he has implemented and we will see come to fruition, she feels we should bring him back, how she feels he got fired for trying to do his job, for too long the City Council has been trying to call the shots, our charter mandates that the city manager is the CEO, Council is directing staff and it should be the city manager, she doesn't know all the details and she is hearing now that there were no requirements for him to have to be fired, council gets too cozy with city staff and department heads, stay in your own lane and let the city manager do his job; ROY TODD, Los Banos resident and member of the Chamber of Commerce, spoke to how he is one of the folks who brought the AM/PM ARCO to town, the number of years it took to bring businesses to town, spoke to what the Chamber of Commerce has done for him, and the business he first brought to the City and what he went through, if you want the big time players here you need to show them why they need to invest here, the Chamber of Commerce has a number of planned events this year; RICHARD CASTANEDA spoke in support of the pickleball community, how he used to play softball all over the United States, referenced a small town in Texas, Mansville and how they started a simple baseball idea and have now expanded to a full on complex, how Los Banos is in a crucial spot and prime to be a prime spot for a pickleball complex; DOMINGO SANDOVAL, thanked the City for the support for his Christmas Toy Drive and the many families he was able to give presents too, thanked his many sponsors and looks forward to a bigger and better year next year. Mayor Llanez asked the City Clerk if she had received any comments to be read into the record.
City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: KASEY MILLER that thanked Council Member Lewis for her continual advocacy in regards to the removal of the homeless encampment behind their mobilehome park, how they have been negatively affected, had it not been for Lewis and Mayor Llanez support nothing would have changed, inquired as to the City is doing to ensure they don't return, she suggested making the parcel inaccessible to them, fencing to protect the mobilehome park, if the soil is now contaminated and wished all a Merry Christmas and a Happy New Year; MARINA SALINAS thanked the City Council for finally taking action and deciding to remove the homeless encampment from our backyard and is looking forward to the removal and a peaceful and worry-free new year, thanked the City Clerk for reading the written comments at the last meeting, spoke to the Planning and Best Practices Guide that was prepared by Portland State University and how there is some helpful information, and spoke to her thoughts on a homeless shelter and what it should include. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis asked to remove item 7D - City Council Resolution No. 6601 -Amending Fiscal Year 2022- 2023 Budget by Increasing Appropriations in the Los Banos Park Fund for Landscape and Irrigation in the Amount of $84,170 for the Pacheco Park Irrigation Improvements Project for discussion and approval.
Motion by Lewis, seconded by Lambert, to approve the consent agenda as follows, with the removal of 7D - City Council Resolution No. 6601 - Amending Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Los Banos Park Fund for Landscape and Irrigation in the Amount of $84,170 for the Pacheco Park Irrigation Improvements Project:
Check Register for #236375 - #236807 in the Amount of $4,076,326.20; City Council 23 Resolution No. 6599 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Council Resolution No. 6600 -Appointing Members to the Measure P Citizens Oversight Committee:
Richard Stewart & Nathan Mancebo; City Council Resolution No. 6601 Amending Fiscal Year 2022 2023 Budget by Increasing Appropriations in the Los Banos Park Fund for Landscape and Irrigation in the Amount of $84,170 for the Pacheco Park Irrigation Improvements Project. The motion carried by the affirmative action of all Council Members present.
City Council Resolution No. 6601 -Amending Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Los Banos Park Fund for Landscape and Irrigation in the Amount of $84,170 for the Pacheco Park Irrigation Improvements. Council Member Lewis inquired as to the maps that were provided in the staff report and wanted clarification on what property is the Los Banos Unified School District and what portion is the City's and if there is some shared the costs, for which Public Works Director/City Engineer Than responded that the improvements will only serve the City.
Motion by Lewis, seconded by Begonia to adopt City Council Resolution No. 6601 - Amending Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Los Banos Park Fund for Landscape and Irrigation in the Amount of $84,170 for the Pacheco Park Irrigation Improvements Project. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A
CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONDITIONAL USE PERMIT #2022-11 TO ALLOW THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH A BONA-FIDE EATING ESTABLISHMENT, LOCATED AT 435 W.
PACHECO BOULEVARD, APN 027-173-012: CITY COUNCIL RESOLUTION NO. 6602-
ADOPTING A CATEGORICAL EXEMPTION FROM CEQA PURSUANT TO SECTION 15301, EXISTING FACILITIES AND APPROVING CONDITIONAL USE PERMIT #2022- 11 TO ALLOW THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF
BEER AND WINE IN CONJUNCTION WITH AN EATING ESTABLISHMENT, FOR NOODLES PHOU, LOCATED AT 435 W. PACHECO BOULEVARD. Interim City Manager Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6602 - Adopting a Categorical Exemption from CEQA Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-11 to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with an Eating Establishment, for Noodles Pho U, Located at 435 W. Pacheco Boulevard. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
ACCEPTANCE OF THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 24 2018-2022 IN ACCORDANCE WITH ASSEMBLY BILL (AB) 1600. Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding how often are the fees looked at, are the fees appropriate, how inflation has been taken into account, fees may have to be revisited, are the new laws that are passed that affect us taken into account when the nexus studies, how staff allows for new laws and fees, and concerns with mandates not being funded .
Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Lambert to accept the Development Impact Fee Report for Fiscal Years 2018-2022 in accordance with AB 1600. The motion carried by the affirmative action of all Council Members present.
PICKLEBALL COURT PROJECT UPDATE. Public Works Director/City Engineer Than presented the staff report and introduced Parks & Recreation Operations Manager Heim who spoke in more detail to the proposed project, which included a PowerPoint presentation.
Council Member Lewis inquired as to the breakdown of costs for the $1.3 million, where would the reductions be for Option 2, which would be removing basic essential features, eliminate irrigation for cost savings, how the extra would come from ARPA funds, and thoughts to build a minimum project and then add on amenities as needed. Council Member Lambert stated that there is nothing on the south side of town, would like to look at a new review and a new location just west of Henry Miller Plaza on the rail trail and feels we should get up to 12 courts instead of 6, how this will benefit all of us and businesses, he watches pickleball on TV and every other commercial is about pickleball, how a project like this will possibly bring Los Banos a little sooner to the map, and moving locations would delay the project. Public Works Director/City Engineer Than stated that there is a potential cost savings if you add courts but there are other costs that will increase, postponing the lighting would not be feasible, and Interim Finance Director spoke to the ARPA funding available.
Council Member Jones agrees with Council Member Lambert on the rail trail location for the pickleball courts and would also like for the new City Manager to come in and take a look at this and give us their ideas. Council Member Begonia stated that he does not want to see something built that is not up to the quality, would want to see something that is good quality and will be used for years and makes us proud, and inquired as to if there will be opportunity to play something else besides pickleball like corn hole. Council Member Lewis asked the City Attorney if the rail trail land had been turned over to the City for government use for which City Attorney Vaughn explained the parcels on the rail trail. Council Member Jones stated that it would be a good idea to get a Design Committee going to help us pick design elements and what they need in the pickleball facility. Mayor Llanez stated that when people are passionate about something like it makes it something he can support and he feels that there will be a return on the investment, inquired as to where would they rather be Cresthills Park or Downtown, and feels like we should table this item and come back with a better design and he is happy to hear that we are talking about amenities.
UPDATES SOLAR PROCUREMENT FOR THE COMMUNITY CENTER AND THE WASTE
WATER TREATMENT PLANT THROUGH PENINSULA CLEAN ENERGY
25 PARTNERSHIP. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding how the termination of payment schedule is in the millions, how the 5% reduction would work, the current number of 't<).!V we are paying for now, the panel service hours, and if there will be a true-up bill or generation bill for which Public Works Director/City Engineer Than explained, how this will be saving money at both locations and it is easy savings, and having a report back to City Council on this after they are installed to see if we are on track with what is being proposed.
Informational item only, no action taken.
APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSIONS:
AIRPORT ADVISORY COMMISSION, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2024; PARKS & RECREATION COMMISSION, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31, 2024; PLANNING COMMISSION, ONE (1) FOUR (4) YEAR TERM IN DISTRICT 3 - EXPIRING DECEMBER 31, 2026. Motion by Llanez, seconded by Lambert to appoint Larry Leonardo and Dave Anderson to the Airport Advisory Commission for two-year terms expiring December 31, 2024. The motion carried by the affirmative action of all Council Members present
Motion by Llanez, seconded by Begonia to appoint Brad Gargano & Shemar Pierce to the Parks & Recreation Commission for two-year terms expiring December 231, 2024. The motion carried by the affirmative action of all Council Members present Motion by Llanez, seconded by Jones to appoint John Cates to the Planning Commission - District 3 for a four-year term expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (One Report) Interim City Manager Souza Elms reported that there will be a Public Hearing at the Planning Commission on January 11, 2023 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-03 for the development of a self-storage facility within the Industrial Zoning District, located at the northeast corner of Johnson Road and Willmott Avenue, Assessor's Parcel Numbers: 081- 110- 052.
CITY MANAGER REPORT. Interim City Manager Souza Elms thanked the City Council for the appointment as Interim City Manager, as she is excited to fill in and hold down the fort in the interim, she spoke to the homeless encampment closure and the current timeline, the weather and the intense storm we will be experiencing over the next couple of days and weeks, how Merced County proclaimed a state of emergency as did the State of California, the City of Los Banos is prepared to open our Emergency Operations Center when needed, staff is working with our partner water districts regarding flood control and she asked Fire Chief Tualla to report briefly on what is happening with the action plan that is in place and ready if needed.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), SAN JOAQUIN VALLEY AIR 26 POLLUTION CONTROL DISTRICT (SJVAPCD), AND MEASURE V COMMITTEE. Mayor Llanez reported that he attended his first MCAG meeting as Mayor and was able to receive some extra funding for the City, how there are funds dedicated to homeless projects and Dos Palos has decided not to use their funds and he will try to get those funds for Los Banos.
Council Member Lewis reported that there will be a grand opening in Stockton for a Frito Lay facility that will be going all green and how all the San Joaquin Valley Air Pollution Control District Board Members will be in attendance for that.
CITY COUNCIL MEMBER REPORTS:
DOUGLAS BEGONIA, JR.: No report
BRETT JONES: No report
DEBORAH LEWIS: Following up on report from Interim City Manager and Fire Chief as to if something becomes really major how do we get the information out to the public for which Fire Chief Tualla explained how the City and Merced County will get the information out through social media, emergency notification, reverse dial and phone intrusion. She reported that there are three Council Members that sit on committees and requested that that we can add the Downtown Association to reports so that we can know what is happening with that.
KENNETH LAMBERT: No report
PAUL LLANEZ: For people just do their best to stay dry and the importance if the financial reimbursement aspect of emergencies.
CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO§ 54956.9(8):
(ONE POTENTIAL CASE). No reportable action.
PUBLIC EMPLOYMENT - CITY MANAGER (RECRUITMENT), PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned.
The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 CITY OF LOS BANOS
SPECIAL CITY COUNCIL MEETING MINUTES
JANUARY 11, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 4:02 p.m.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Sergeant Mendez.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; Absent:
None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Interim City Manager Souza Elms.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
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. Mayor Llanez opened the public forum and invited the public to come forward to speak. ANN McCAULEY, 26 year resident of Los Banos, spoke regarding an item that is going to be in your closed session and she feels that the requirement should be a 4-1 vote to terminate the City Manager to have the requirement to be 5-0 vote for City Manager explaining why she feels that way and that it is a dereliction of duty if it is not 5-0 vote to remove the City Manager; MARK FAHEY, Los Banos, stated that he lives in the Racquet Club development area and spoke regarding the duplexes being proposed off of San Luis Drive and how he feels there needs to be stricter requirement regarding the wall and landscaping along the frontage and sidewalk, how the current wall is getting tagged and repainted and looks bad, the road condition on San Luis Drive is in terrible condition, there have been a great deal of things developed in that area that creates heavy traffic, he has been told that the road is scheduled for repair as soon as possible or in the summer 2023 or it is not on any list to be repaired, and suggested before you approve new 14 duplexes take care of San Luis Drive. Mayor Llanez asked if there were any written comments received and City Clerk Mallonee stated that she had received no comments. No one else came forward to speak and the public forum was closed.
29 CONDUCT INTERVIEWS FOR THE CITY TREASURER VACANCY AND MAKE A SELECTION TO FILL THE VACANCY: CITY COUNCIL RESOLUTION NO. 6603 -
APPROVING AN APPOINTEE TO FILL THE VACANCY IN THE OFFICE OF THE CITY TREASURER. Interim City Manager Souza Elms presented the staff report, which included the process the City Council will go through to inteNiew and select a new City Treasurer. City Clerk Mallonee pulled the first name out of the box to be interview which was Roy Todd and then Lucy Lawrence will be inteNiewed second.
Mayor Llanez welcomed Mr. Todd and started the inteNiew process which included two set questions from each Council Member.
Mayor Llanez welcomed Ms. Lawrence and started the inteNiew process which included two set questions from each Council Member.
There was Council Member and staff discussion regarding how it seems like there wasn't a good understanding of what the job duties of the city treasurer for which staff elaborated on, inquired as to if the investment policy was provided to them, how some of the questions were phrased it would probably be better asked who was in that position than someone new to the position, feels that some of the questions were unfair, moving forward we need to be mindful of asking questions that can be answered, the more expectation we can give them the better, and what pay and benefits the City Treasurer will receive.
City Clerk Mallonee tallied the votes: Lucy Lawrence received four (4) votes: Council Member Lambert, Council Member Begonia, Council Member Jones, Mayor Llanez; Roy Todd received one (1) vote: Council Member Lewis.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6603 - Approving an Appointee to Fill the Vacancy of City Treasurer with Lucy Lawrence. The motion carried by the affirmative action of all Council Members present.
CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(8): ONE POTENTIAL CASE. No reportable action.
CLOSED SESSION: PUBLIC EMPLOYMENT - CITY MANAGER (RECRUITMENT), PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.
CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(8): ONE POTENTIAL CASE. On a 5-0 vote, the City Council has approved the Tolling Agreement with the Central California Irrigation District and has authorized the Mayor to execute the agreement. 30 ADJOURNMENT. Motion by Lambert, seconded by Begonia to adjourn the meeting.
The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 LOsBanos
Agenda Staff Report
TO: City Council
FROM: William A Vaughn, City Attorney
DATE: January 18, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361
RECOMMENDATION
Approve Resolution No. ___ to allow for in person, virtual, and hybrid public meetings.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
BACKGROUND
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 33 DISCUSSION
California's Ralph M. Brown Act was amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. AB 361 provides that it will sunset on January 1, 2024.
AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place. On October 17, 2022, Governor Gavin Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. This will significantly impact the ability for the City to continue to meet under the authorization and procedures established by AB 361 before it sunsets at the end of 2023. Absent a change in the Governor's plans, at that point, COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361.
Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.
The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted. 34 AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.
As noted above, by adopting the proposed Resolution, the City Council is not prohibited from conducting in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act's standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider and potentially renew the Resolution.
FISCAL IMPACT
None.
CONCLUSION
Based upon the existing state of emergency and state officials recommendations to socially distance, the City of Los Banos has the ability to continue to meet remotely should if it so choose, assuming the City adopts the proposed resolution making the required findings. The proposed resolution does not require the City of Los Banos to hold meetings via remote teleconferencing and the City Council can continue to meet in person for the time being but allows flexibility to return to remote teleconferencing in response to changing COVID -19 circumstances.
Reviewed by:
Interim City Manager
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, all meetings of the City of Los Banos' legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed into law AB 361 , extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic; and WHEREAS, in light of the on-going pandemic, AB 361 amends the Brown Act (specifically Government Code section 54953) and gives public agencies the option to continue meeting virtually under certain circumstances; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Los Banos, and the City Council has done so; and WHEREAS, such conditions continue to exist in the City of Los Banos; and 37 WHEREAS, Governor Gavin Newsom declared a statewide emergency pver the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021 ). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.
Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.
NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
38 Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Section 3. Remote Teleconference Meetings. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of January 2023, by Council Member who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 TO:
FROM:
LOsBanos
At the Crossroads of Cal~fornia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Interim City Manager/ Community and Economic~ Development Director
DATE: January 18, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Appointment of a City Council Member to the Los Banos Downtown Property and Business Improvement District Board
Recommendation:
Staff recommends that the City Council adopt a resolution appointing one ( 1) City Council Member to represent the City of Los Banos on the Los Banos Downtown Property and Business Improvement District (LBDPBID) Board.
Background:
On December 16, 2020, the Los Banos City Council appointed Council Member Jones to serve on the LBPBID Board for a two (2) year term, expiring December 31, 2022.
The LBDPBID is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. The services and activities within the LBDPBID include:
• Maintenance and General Security
• Marketing and Placemaking
1 41
• Small Infrastructure
• Operations
The LBPBID is governed by the Los Banos Downtown Association, a California 501 (c)(3) nonprofit organization in accordance with PBID State Law. The Los Banos Downtown Association Board is made up of up to eleven (11) members. There are six (6) members on the Board that are LBDPBID property owners, and five (5) members that are community members at large.
Discussion:
The Los Banos Downtown Association holds monthly meetings and is seeking representative from the City of Los Banos to sit on the Board to represent the LBDPBID.
The City owns nine (9) parcels within the LBDPBID boundary an is eligible to designate a Council Member to represent the City of Los Banos on the Board. The appointed City Council Member would serve a two (2) year term, which would end December 31, 2024.
Procedure to Appoint a City Council Member:
1. The City Council would accept nominations from the Council;
2. Then vote on the nominations in order of nominations received;
3. The first nominee to receive majority approval would be selected to represent the City on the LBPDBID Board.
Attachments:
1 . Resolution
2 42
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPOINTING COUNCIL
MEMBER __ TO REPRESENT THE CITY OF
LOS BANOS ON THE LOS BANOS DOWNTOWN
PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT BOARD
WHEREAS, on October 2, 2019, the Los Banos City Council adopted Resolution No. 6136 establishing the formation of the Los Banos Downtown Property and Improvement District (LBDPBID); and
WHEREAS, the City of Los Banos owns nine (9) parcels within the LBDPBID boundary and is eligible to designate a Council Member to represent the City of Los Banos on the LBDPBID Board; and
WHEREAS, on December 16, 2020, the Los Banos City Council appointed Council Member Jones to serve on the Los Banos Downtown Property and Business Improvement District (LBDPBID) Board to serve a two-year term expiring December 31, 2022;and
WHEREAS, the Los Banos City Council wishes to fill the vacancy on the LBPBID Board; and
WHEREAS, the Council Member appointed shall serve a two-year term expiring December 31, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby appoint Council Member __ to serve on the Los Banos Downtown Property and Business Improvement District Board ending December 31, 2024.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of January 2023, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
43 Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 44
LOsBanos
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
DATE: January 18, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointments
Recommendation:
Appoint members to the following City Commissions:
Parks and Recreation Commission
One (1) Two (2) Year Term - Expiring December 31, 2024
Planning Commission
One (1) Four (4) Year Term in District 2 - Expiring December 31, 2026 One (1) Two (2) Year Term "At-Large" - Expiring December 31, 2024 Discussion:
On January 9, 2023, the City received notice from the Los Banos Unified School District recommending re-appointment of Gary Munoz as their representative in accordance with the Los Banos Municipal Code (LBMC) Sec. 2-2.103.
Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicants were interviewed by a committee per City policy. Any remaining vacancies on City commissions will continue to be advertised. 45 Fiscal Impact:
None
Reviewed by:
Sty u a ms, Interim City Manager
Community & Economic Development Director
Attachment/ LBMC 2-2.103
46 1/11/23, 11 :43 AM Sec. 2-2.103 Members: Appointment and qualifications.
Los Banos, California Municipal Code
Title 2 ADMINISTRATION
Chapter 2 COMMISSIONS AND BOARDS
Article 1. Los Banos Parks and Recreation Commission
Sec. 2-2.103 Members: Appointment and qualifications.
The Commission shall consist of five (5) members. Except as set forth herein, candidate(s) for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Public Works Director who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. One of the members shall be recommended to the City Council by the Mayor, by nomination from the Los Banos Unified School District. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City. (§ 1, Ord. 1069, eff. April 4, 2008, as amended by§ 4, Ord. 1113, eff. January 1, 2014)
Contact:
City Clerk: 209-827-7000 ext. 124
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https:/ /I ibra ry.qcode. us/lib/los _ banos _ca/pub/municipal_ code/item/title_ 2-chapter _2-article _ 1-sec _ 2 _ 2 _ 103 1/1 47