City Council Meeting
Regular MeetingLos Banos, CA · February 3, 2021
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
FEBRUARY 3, 2021
ACTION MINUTES – These minutes are prepared to depict action
taken for agenda items presented to the City Council. For detail of
this meeting refer to the electronic media (CD and/or audio) kept as
a permanent record.
SPECIAL NOTE: This meeting was held by teleconference due to the
COVID-19 Pandemic.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of
4:01 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, Ken Lambert, Deborah Lewis, Refugio LLamas, Mayor Tom Faria; ABSENT:
None.
STAFF MEMBERS PRESENT: City Manager Terrazas, City Attorney Vaughn, City
Clerk/Human Resources Director Mallonee, Finance Director Williams, Community &
Economic Development Director Elms, Acting Public Works Director/City Engineer
Pezeshk, Police Chief Brizzee, Fire Chief Hurley.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis seconded by
Lambert to approve the City Council Meeting agenda as submitted. The motion carried
by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria;
NOES: None; ABSENT: None.
PRESENTATION – PROCLAMATION RECOGNIZING FOUR CHAPLAINS SUNDAY.
Mayor Faria 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 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 from Claudia Nunes stating
that she lives in a mobile home park off of Pacheco Boulevard and that there is homeless
people who live nearby who play music at all hours of the night and have fires going,
she’s called the Police Department and nothing has been done, she spoke to how a lot
of the residents in the area are disabled and would be in trouble if the homes caught fire.
No additional comments were received and the public forum was therefore closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis
requested that item 7G – City Council Resolution No. 6316 – Authorizing the City
Manager to Execute a Professional Services Agreement Between the City of Los Banos
and Plan-It Geo to Prepare an Urban Forest Management Plan and Tree Inventory be
removed from the consent agenda for a presentation and approval.
Motion by Lambert, seconded by Lewis to approve the consent agenda, with the removal
of item 7G - City Council Resolution No. 6316 – Authorizing the City Manager to Execute
a Professional Services Agreement Between the City of Los Banos and Plan-It Geo to
Prepare an Urban Forest Management Plan and Tree Inventory for separate presentation
and approval, as follows: Check Register for #225351 – #225495 in the Amount of
$725,545.98; Second Quarter Investment Report for the 2020/2021 Fiscal Year; Minutes
for the January 6, 2021 City Council Meeting; Minutes for the January 14, 2021 Adjourned
City Council Meeting; Minutes for the January 20, 2021 City Council Meeting; City Council
Resolution No. 6315 – Amending the 2020-2021 Fiscal Year Budget in the Amount of
$63,000 as it Pertains to Revenues and Expenditures for Senate Bill 2 (SB2) Local Early
Action Planning (LEAP) Grant; City Council Resolution No. 6316 – Authorizing the City
Manager to Execute a Professional Services Agreement Between the City of Los Banos
and Plan-It Geo to Prepare an Urban Forest Management Plan and Tree Inventory; City
Council Resolution No. 6317 – Authorizing the City Manager to Execute Amendment No.
6 to the Landscape Maintenance Services Contract Between the City of Los Banos and
Ronny’s Inc., and Adopting a Revised Budget for the Fiscal Year 2020-2021 as it Pertains
to the General Fund for the Maintenance Account; City Council Resolution No. 6318 –
Approving and Adopting Final Tract Map No. 2015-04 Racquet Club Estates and
Accompanying Subdivision Improvement Agreement; [Applicant: Hassan Ahmadi]; City
Council Resolution No. 6319 – Approving and Adopting Final Tract Map No. 2005-05
Southbrook at Los Banos, The Villages IV Phase 2B, Unit 1 and Accompanying
Subdivision Improvement Agreement; [Applicant: Anderson Homes]. The motion carried
by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria;
NOES: None; ABSENT: None.
CITY COUNCIL RESOLUTION NO. 6316 – AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
LOS BANOS AND PLAN-IT GEO TO PREPARE AN URBAN FOREST MANAGEMENT
PLAN AND TREE INVENTORY. Acting Public Works Director/City Engineer presented
the staff report and Parks & Recreation Operations Manager Heim spoke in more detail
as to what the process and final plan might look like.
There was Council Member and staff discussion regarding the tree list to be created by
this plan and how it will evaluate where the City should put trees and what kinds of trees
should be planted in certain areas including along the canal trail. Included in the plan will
be a maintenance need priority list for the different trees and staff will be following the
guidelines.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6316 –
Authorizing the City Manager to Execute a Professional Services Agreement Between
the City of Los Banos and Plan-It Geo to Prepare an Urban Forest Management Plan and
Tree Inventory. The motion carried by the following roll call vote: AYES: Jones, Lambert,
Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6320 –
ACCEPTING THE 2019-2020 FISCAL YEAR AUDIT REPORTS CONSISTING OF THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE GOVERNMENT
AUDITING STANDARDS REPORT. Finance Director Williams presented the staff report
and introduced Josh Giosa, Audit Manager, and Jorge Rodriguez, Senior Auditor with
Price Paige & Company who spoke in more detail and provided a PowerPoint
presentation.
Motion by Lewis, seconded by LLamas to approve City Council Resolution No. 6320 –
Accepting the 2019-2020 Fiscal Year Audit Reports Consisting of the Comprehensive
Annual Financial Report and the Government Auditing Standards Report. The motion
carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor
Faria; NOES: None; ABSENT: None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6321 –
ADOPTING THE LOS BANOS PARKS MASTER PLAN. Acting Public Works
Director/City Engineer Pezeshk presented the staff report, and introduced Parks &
Recreation Operations Manager Heim who spoke in more detail to the Los Banos Parks
Master Plan. Mr. Heim introduced the consultants who prepared the Los Banos Parks
Master Plan and they provided a PowerPoint presentation.
There was Council Member and staff discussion regarding certain aspects of the Plan,
such as future playground/play structure construction, costs of certain facilities and how
much revenue these facilities could generate.
Motion by Lewis, seconded by Jones to approve City Council Resolution No. 6321 –
Adopting the Los Banos Parks Master Plan. The motion carried by the following roll call
vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT:
None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6322 –
APPROVING AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN
ENGAGEMENT LETTER WITH NIELSEN MERKSAMER TO PROVIDE LEGAL
SERVICES IN CONNECTION WITH THE REDISTRICTING OF ITS CITY COUNCIL
ELECTORAL DISTRICTS FOLLOWING THE 2020 CENSUS. City Attorney Vaughn
presented the staff report, introducing Chris Skinnell with Nielsen Merksamer who spoke
in more detail to the process and services they will provide, and included a PowerPoint
presentation.
There was Council Member and staff discussion regarding the timeline between the
Census and the redistricting requirements of the City and what types of things determine
district lines such as geographically contiguous neighborhoods and communities of
interest.
Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6322 –
Approving and Authorizing the City Attorney to Execute an Engagement Letter with
Nielsen Merksamer to Provide Legal Services in Connection with the Redistricting of Its
City Council Electoral Districts Following the 2020 Census. The motion carried by the
following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES:
None; ABSENT: None.
APPOINT COMMISSIONER TO THE FOLLOWING COMMISSION: TREE
COMMISSION – TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING
DECEMBER 31, 2022. Motion by Faria, seconded by Lambert to appoint Tom Kaljian.
The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas,
Mayor Faria; NOES: None; ABSENT: None.
CONSIDERATION OF APPOINTMENT OF ONE (1) COUNCIL MEMBER TO SERVE
ON THE LEAGUE OF CALIFORNIA CITIES CENTRAL VALLEY DIVISION
EXECUTIVE COMMITTEE AND ONE (1) COUNCIL MEMBER TO SERVE AS AN
ALTERNATE. Motion by Faria, seconded by Lambert to appoint Mayor Faria to the
Executive Committee and Mayor Pro Tem Lewis as the alternate. The motion carried by
the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES:
None; ABSENT: None.
COVID-19 STATUS UPDATE. City Manager Terrazas provided an update on COVID-
19 referencing and showing the Merced County COVID-19 website and all the information
that it provides. He spoke regarding COVID-19 testing, available resources and read a
press release from Merced County regarding vaccination shortages. It was noted Los
Banos Fire personnel have been trained to help administer the vaccine. A letter from the
Merced County Mayors was prepared and sent to the Governor of California which
highlighted the inadequacy of the vaccine for Merced County.
ADVISEMENT OF PUBLIC NOTICES (No Report).
CITY MANAGER REPORT. City Manager Terrazas spoke to how the City has released
the second issue of the electronic monthly newsletter. He encouraged all to subscribe to
it as it is a way for the City to enhance communication with the community.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that the Pioneer Road Project information can be found on the MCAG
website. PCE is currently advertising for an outreach manager to represent Los Banos.
CITY COUNCIL MEMBER REPORTS.
REFUGIO LLAMAS: Thanked Police Chief Brizzee and Fire Chief Hurley for all they did
to serve our community during the recent storms.
BRETT JONES: No report
KEN LAMBERT: No report
DEBORAH LEWIS: Council Member Lewis spoke to how she was selected to serve on
the San Joaquin Valley Air Pollution Control District and thanked the Cities of Atwater and
Livingston for confirming her to the board. The first meeting will be held on Friday and
she looks forward to representing Merced County to the best of her abilities. She further
spoke to how her birthday was last week and how her son runs the shot clock for the
Golden State Warriors. During a game, he handed the phone over to Shawn Livingston,
her favorite player who is retired, so he could wish her a happy birthday.
MAYOR TOM FARIA: Mayor Faria congratulated Council Member Lewis on her recent
birthday and her appointment to the San Joaquin Valley Air Pollution Control District. He
spoke regarding the COVID-19 vaccination website called “Myturn” in Merced County.
Recently he had a wonderful conversation with Dr. Yu and other Memorial Hospital-Los
Banos staff regarding their adapting to the needs of COVID-19 and how they are able to
handle the load. He noted the President Day holidays coming up and how he will be
presenting a proclamation at the next meeting recognizing February as Black History
Month. He wished all a Happy Valentine’s Day.
ADJOURNMENT. Motion by Lewis, seconded by Jones to adjourn the meeting at 6:04
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
Agenda
LOS Banos
• t he Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 3, 2021 - 4:00 PM
Temporary Public Comment Email Established for the City of Los Banos
City Council Meeting of February 3,2021 - emails must be received by 4:00 PM:
The City has established a temporary email address citizens can use to email public
comments on any agenda item, limited to 250 words or less. Any public comments
received by February 3, 2021 prior to 4:00 PM will be read aloud during the
appropriate time and agenda item.
The email address is citvclerk@losbanos.org
Public comment during Public Hearings wffibe taken in realtime via email.
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The Council Chambers are closed to the public. Those interested in viewing the
City Council meeting can do so by visiting the following site:
https:/Iwww.youtube.com/channeIlUC3sy5 slYr3447mZsrql5Tg
I-~-~-~ ~--:
La CUidad de Los Banos cumple con la Acta de Amerlcanos 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.oro.
** ********** *.
Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier
articulo en este orden del dia sera hecho disponible para /a
inspeccion publica en /a reunion y en la of/cina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de of/cina normales. Ademas, tales escrituras y los documentos
pueden ser anunciados en el website de la ciudad en www.losbanos.orq.
~ .:
Los Banos City Council Agenda - February 3, 2021 Page 10f4
1. CALL TO ORDER. 4:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones - -, Lambert - -, Lewis - -, Llamas - -, Faria - -
4. CONSIDERATION OF APPROVAL OF AGENDA.
5. PRESENTATION - PROCLAMATON RECOGNIZING FOUR CHAPLAINS
SUNDAY.
6. 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 may submit their comments by submitting a written statement,
limited to 250 words or less, by dropping it off in the Utility Payment Box at City Hall,
520 J Street, by mail or emailing cityclerk@losbanos.org. Comments received will
be read into the record during the City Council Meeting.)
7. 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 #225351 - #225495 in the Amount of $725,545.98
Recommendation: Approve the check register as submitted.
B. Second Quarter Investment Report for the 2020/2021 Fiscal Year
Recommendation: Accept the report as submitted.
C. Minutes for the January 6, 2021 City Council Meeting
Recommendation: Approve the minutes as submitted.
D. Minutes for the January 14, 2021 Adjourned City Council Meeting
Recommendation: Approve the minutes as submitted.
E. Minutes for the January 20,2021 City Council Meeting
Recommendation: Approve the minutes as submitted.
F. City Council Resolution No. 6315 - Amending the 2020-2021 Fiscal Year
Budget in the Amount of $63,000 as it Pertains to Revenues and Expenditures
for Senate Bill 2 (SB2) Local Early Action Planning (LEAP) Grant
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - February 3, 2021 Page 20f4
G. City Council Resolution No. 6316 - Authorizing the City Manager to Execute a
Professional Services Agreement Between the City of Los Banos and Plan-It
Geo to Prepare an Urban Forest Management Plan and Tree Inventory
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6317 - Authorizing the City Manager to Execute
Amendment No. 6 to the Landscape Maintenance Services Contract Between
the City of Los Banos and Ronny's Inc., and Adopting a Revised Budget for the
Fiscal Year 2020-2021 as it Pertains to the General Fund for the Maintenance
Account.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6318 - Approving and Adopting Final Tract Map
No. 2015-04 Racquet Club Estates and Accompanying Subdivision
Improvement Agreement; [Applicant: Hassan Ahmadi]
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6319 - Approving and Adopting Final Tract Map
No. 2005-05 Southbrook at Los Banos, The Villages IV Phase 2B, Unit 1 and
Accompanying Subdivision Improvement Agreement; [Applicant: Anderson
Homes]
Recommendation: Adopt the resolution as submitted.
8. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6320-
ACCEPTING THE 2019-2020 FISCAL YEAR AUDIT REPORTS CONSISTING OF
THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE
GOVERNMENT AUDITING STANDARDS REPORT.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6321 -
ADOPTING THE LOS BANOS PARKS MASTER PLAN.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6322-
APPROVING AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN
ENGAGEMENT LETTER WITH NIELSEN MERKSAMER TO PROVIDE LEGAL
SERVICES IN CONNECTION WITH THE REDISTRICTING OF ITS CITY COUNCIL
ELECTORAL DISTRICTS FOLLOWING THE 2020 CENSUS.
Recommendation: Adopt the resolution as submitted.
11. APPOINT COMMISSIONER TO THE FOLLOWING COMMISSION:
A. Tree Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31,2022
Los Banos City Council Agenda - February 3, 2021 Page 30f4
Recommendation: Appoint Commissioner to fill one of the vacancies.
12. CONSIDERATION OF APPOINTMENT OF ONE (1) COUNCIL MEMBER TO
SERVE ON THE LEAGUE OF CALIFORNIA CITIES CENTRAL VALLEY DIVISION
EXECUTIVE COMMITTEE AND ONE (1) COUNCIL MEMBER TO SERVE AS AN
ALTERNATE.
Recommendation: Appoint one (1) Council Member to serve on the committee and one (1) Council
Member to serve as an alternate.
13. COVID-19 STATUS UPDATE.
Recommendation: Informational item only, no action to be taken.
14. ADVISEMENT OF PUBLIC NOTICES. (No report)
Recommendation: Informational item only, no action to be taken.
15. CITY MANAGER REPORT.
16. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
17. CITY COUNCIL MEMBER REPORTS.
A. Refugio Llamas
B. Brett Jones
C. Kenneth Lambert
D. Deborah Lewis
E. Mayor Tom Faria
18. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
~~all bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 28th day of January 2021
Los Banos City Council Agenda - February 3, 2021 Page 40f4
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