City Council Meeting
Regular MeetingLos Banos, CA · July 21, 2021
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JULY 21, 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
4:03 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett
Jones, Kenneth Lambert, Deborah Lewis, Refugio LLamas, Mayor Manuel Thomas Faria
III; ABSENT: None.
STAFF MEMBERS PRESENT: Acting City Manager Brizzee, City Attorney Vaughn,
Human Resources Director/City Clerk Mallonee, Finance Director Williams, Community
& Economic Development Director Elms, Acting Police Commander Melden, Fire Chief
Hurley, Interim Public Works Director Bowersox.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by __, seconded by __ to
approve the agenda as. The motion carried by the following roll call vote: AYES: Jones,
Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
PRESENTATION – PROCLAMATION DECLARING BUFFALO SOLDIER DAY IN LOS
BANOS. Mayor Faria read the proclamation and presented it to Dennis Reed, Southbay
Buffalo Soldiers Motorcycle Club and Geneva Brett wo were present on the virtual
meeting.
PRESENTATION – CERTIFICATE OF RECOGNITION – LOS BANOS LITTLE
LEAGUE ALL STARS JUNIORS DIVISION. 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 the following comments:
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by LLamas,
seconded by Lambert to approve the consent agenda as follows: Check Register for
#227687 – #227915 in the Amount of $1,941,744.18; Minutes for the July 7, 2021 City
Council Meeting; City Council Resolution No. 6390 – Accepting Public Improvements,
Excluding Off-Site Landscape, for Sunrise Ranch, Phase 1, Generally Located within the
Area Bounded by East B Street to the North, Future San Luis Street to the South, Jo Lin
Park Manor Subdivision to the East, and Place Road to the West (Stonefield Home, Inc.);
City Council Resolution No. 6391 – Accepting Public Improvements, Excluding Off-Site
Landscape, for Sunrise Ranch, Phase 2, Generally Located within the Area Bounded by
East B Street to the North, Future San Luis Street to the South, Jo Lin Park Manor
Subdivision to the East, and Place Road to the West (Stonefield Home, Inc.); City Council
Resolution No. 6392 – Accepting the Fire Station Training Tower Improvements Project
as Complete and Authorizing the Filing of a Notice of Completion with the Merced County
Recorder; City Council Resolution No. 6393 – Approving an Amendment to Division 5 –
Personnel Benefits, Division 5-C – Vacation Leave Policy, and Division 5-F –
Compensatory Time Off (CTO) Policy of the City’s Policy & Procedures Manual as it
Pertains to Unrepresented/Miscellaneous Employees; City Council Resolution No. 6394
– Authorizing Essential Worker Pay for Full-Time Unrepresented/Miscellaneous and Part-
Time Employees. The motion carried by the following roll call vote: AYES: Jones,
Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PRESENTATION
(SJVAPCD). Acting City Manager Brizzee presented the staff report and introduced Brian
Dodds with the SJVAPCD. Mr. DeYoung spoke to the services the SJVAPCD provides,
which included a PowerPoint presentation.
There was Council Member and representative discussion regarding some of the
incentive programs and what the application process looks like for those programs. The
representative noted that some of the programs do not currently have funding available
but that they are currently working with the State to get additional funding. Council asked
how the State was planning on keeping up with the demand of generated power,
especially during months of less sunshine, for these electric-powered vehicles for which
the representative said he could not provide a definite answer right at that moment.
Acting City Manager Brizzee spoke to how Council Member Lewis is a board member for
the San Joaquin Valley Air Pollution Control District and that she helps to keep the City
informed on the many different programs available to our residents.
Informational item only, no action taken.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
THE PROPOSED LEVY FOR WEED ABATEMENT FOR SERVICES PERFORMED
DURING THE FISCAL YEAR 2020/2021 OR PRIOR; CITY COUNCIL RESOLUTION
NO. 6395 – AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS FOR
WEED ABATEMENT WITHIN THE CITY OF LOS BANOS. Finance Director Williams
presented the staff report.
Mayor Faria opened the public hearing and asked the City Clerk if she had received any
comments by email, for City Clerk Mallonee stated that she received no comments;
therefore the public hearing was closed.
Motion by Faria, seconded by Lambert to adopt City Council Resolution No. City Council
Resolution No. 6395 – Authorizing the Levy and Collection of Assessments for Weed
Abatement within the City of Los Banos. The motion carried by the following roll call vote:
AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
PUBLIC HEARING – TO RECEIVE PUBLIC INPUT AND TESTIMONY REGARDING
POSSIBLE REVISIONS TO LOS BANOS’S CITY COUNCIL ELECTORAL DISTRICT
PLAN [5:00 P.M.]. City Attorney Vaughn presented the staff report and introduced Chris
Skinnell and Jeff Tilton of National Demographic Corporation who presented a
PowerPoint presentation.
There was Council Member and representative discussion regarding map submittals and
how anyone, even those who are not residents of Los Banos, may submit a map for
consideration.
City Attorney Vaughn noted that there is fairly extensive recipient list of those who receive
notice information directly. This list includes those who were interested in receiving
information directly when the City first transitioned to districts.
Mayor Faria stated that the future public hearings on this topic are scheduled during
Council Meetings to be held on August 18, 2021, December 15, 2021 and February 2,
2022.
No action taken. Opportunity for public comment only.
DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2021 LEAGUE
OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD
SEPTEMBER 22-24, 2021 IN SACRAMENTO. Motion by Faria, seconded by Lambert
to Designate Mayor Faria as the voting delegate and Mayor Pro Tem Lewis as the
alternate voting delegate. The motion carried by the following roll call vote: AYES:
Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR
WEDNESDAY, AUGUST 4, 2021 DUE TO SUMMER BREAK. Motion by Lewis,
seconded by LLamas to cancel the August 4, 2021 Regular City Council Meeting due to
summer break. 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 COUNCIL RESOLUTION NO. 6396 –
TERMINATING THE LOCAL EMERGENCY DECLARED BY THE DIRECTOR OF
EMERGENCY SERVICES. Acting City Manager Brizzee presented the staff report,
giving an update on COVID-19 statistics, Los Banos, statewide and county-wide,
numbers of those vaccinated, which included a PowerPoint presentation.
City Attorney Vaughn spoke the request to terminate the Local Emergency Declared by
the Director of Emergency Services in response to the COVID-19 pandemic.
Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6396 –
Terminating the Local Emergency Declared by the Director of Emergency Services. The
motion carried by the following roll call vote: AYES: Lambert, Lewis, LLamas, Mayor
Faria; NOES: Jones; None; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES (No Report).
CITY MANAGER REPORT. Acting City Manager Brizzee thanked the City Council and
Community & Economic Development Director Elms for the hard work on the Sphere of
Influence General Plan workshop that was held yesterday. He spoke to how the Los
Banos Fire Department houses and maintains a lime green fire engine provided by the
Office of Emergency Services through a mutual aid agreement for purposes of assisting
with wild land fires as it is called up on. That engine recently became assigned to the
Dixie Fire up in Butte County. Fire Chief Hurley asked that we keep the crews in our
thoughts and are hoping for a safe return home soon.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that PCE cancelled their monthly board meeting this week and spoke
to how MCAG had a meeting last week and they are working on a plethora of projects
including the natural landfill gas project, SR 152 widening projects and homelessness.
CITY COUNCIL MEMBER REPORTS.
DEBORAH LEWIS: Council Member Lewis thanked Acting City Manager Brizzee for
inviting the San Joaquin Valley Air Pollution Control District to give a presentation at
tonight’s council meeting.
REFUGIO LLAMAS: No report
BRETT JONES: No report
KENNETH LAMBERT: Council Member Lambert spoke to how his thoughts and prayers
are with our firefighters and their families for a safe trip home.
MAYOR TOM FARIA: Mayor Faria thanked Mayor Pro Tem Lewis for filling in for him at
the Sphere of Influence General Plan Workshop. He reminded everyone that there are a
lot of opportunities for citizens to get involved in our community.
CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: ONE POTENTIAL
CASE. No reportable action.
CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT
CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: ACTING
CITY MANAGER BRIZZEE, CITY ATTORNEY VAUGHN, CITY CLERK/HUMAN
RESOURCES DIRECTOR MALLONEE, FINANCE DIRECTOR WILLIAMS, LEGAL
COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS
ASSOCIATION (LBPOA) AND UNREPRESENTED MISCELLANEOUS EMPLOYEES.
No reportable action.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE: ACTING CITY
MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable
action.
ADJOURNMENT. Motion by Lewis, seconded by Lambert to adjourn to 9:00 a.m., Friday,
July 30, 2021 to Hold a Closed Session Regarding Public Employment, Title: City
Manager, Pursuant to Government Code Section 54957, which will be Held virtually; and
motion by Lambert, seconded by Lewis adjourn to 8:30 a.m., Monday, August 2, 2021 to
Hold a Closed Session Regarding Public Employment, Title: City Manager, Pursuant to
Government Code Section 54957, which will be Held virtually; and motion by Lewis,
seconded by LLamas to adjourn to Adjourn to 10:00 a.m., Monday, August 9, 2021 to
Hold a Closed Session Regarding Public Employment, Title: City Manager, Pursuant to
Government Code Section 54957, which will be Held at the College Greens Building
Located at 1815 Scripps Drive, Los Banos, California.
APPROVED:
/s/ Manuel Thomas Faria III____
Manuel Thomas Faria III, Mayor
ATTEST:
/s/ Lucille L. Mallonee_________
Lucille L. Mallonee, City Clerk
Agenda
LOS Banos
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www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JULY 21, 2021 - 4:00 PM
Temporary Public Comment Email Established for the City of Los Banos
City Council Meeting of July 21,2021 - 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 July 21! 2021 prior to 4:00 PM will be read aloud during the
appropriate time and agenda item.
The email address is cityclerk@losbanos.org
Public comment during Public Hearings will be taken in real time via email.
Once the Public Hearing is oRened, the City Council will Rause the meetin in order to
receive emails directed at the Public Hearing uQ to 250 words and will read
comments into the record after resuming the meeting, as time Rermits.
Please indicate that comments are for a Rarticular Public Hearing by Rutting
"Public Hearing" in the subject line of the email and the title of the Public Hearing.
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://www.youtube.com/channel/UC3sy5 sIYr3447mZsrg 15T9
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 atender 0 participar en esta junta por favor IIame a la oficina
de la Secretaria de la ciudad al (209) 827-7000 a 10 menos de 48 horas previas de lajunta.
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.orq.
**********
Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier
articulo en este orden del dia sera hecho disponible para la
inspeccion 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 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 - July 21, 2021 Page 1 of 5
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. PRESENTATIONS.
A. Proclamation Declaring Buffalo Soldier Day in Los Banos.
B. Certificate of Recognition - Los Banos Little League All Stars Juniors
Division.
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 #227687 - #227915 in the Amount of $1 ,941,744.18.
Recommendation: Approve the check register as submitted.
B. Minutes for the July 7,2021 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6390 - Accepting Public Improvements,
Excluding Off-Site Landscape, for Sunrise Ranch, Phase 1, Generally
Located within the Area Bounded by East B Street to the North, Future San
Luis Street to the South, Jo Lin Park Manor Subdivision to the East, and
Place Road to the West (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6391 - Accepting Public Improvements,
Excluding Off-Site Landscape, for Sunrise Ranch, Phase 2, Generally
Located within the Area Bounded by East B Street to the North, Future San
Los Banos City Council Agenda - July 21, 2021 Page 2 of5
Luis Street to the South, Jo Lin Park Manor Subdivision to the East, and
Place Road to the West (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6392 - Accepting the Fire Station Training Tower
Improvements Project as Complete and Authorizing the Filing of a Notice of
Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6393 - Approving an Amendment to Division 5 -
Personnel Benefits, Division 5-C - Vacation Leave Policy, and Division 5-F -
Compensatory Time Off (CTO) Policy of the City's Policy & Procedures
Manual as it Pertains to Unrepresented/Miscellaneous Employees.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6394 - Authorizing Essential Worker Pay for Full-
Time Unrepresented/Miscellaneous and Part-Time Employees.
Recommendation: Adopt the resolution as submitted.
8. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
PRESENTATION.
Recommendation: Informational item only, no action to be taken.
9. PUBLIC HEARING. (If you challenge the proposed action as described herein in
court, you may be limited to raising only those issues you or someone else raised
at the public hearing described herein or in written correspondence delivered to the
City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of the
Proposed Levy for Weed Abatement for Services Performed During the Fiscal
Year 2020/2021 or Prior.
1) City Council Resolution No. 6395 - Authorizing the Levy and Collection
of Assessments for Weed Abatement within the City of Los Banos.
Recommendation: Receive staff report, open the public hearing, receive public comment,
close the public hearing, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Input and Testimony Regarding Possible
Revisions to Los Banos's City Council Electoral District Plan. [5:00 P.M.]
Recommendation: Receive staff report, open the public hearing, receive public comment,
close the public hearing. No action to be taken, just an opportunity for public comment.
Los Banos City Council Agenda - July 21, 2021 Page 30f5
10. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2021
LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO
BEING HELD SEPTEMBER 22-24,2021.
Recommendation: Designate Mayor Faria as the voting delegate and Mayor Pro Tem Lewis as the
alternate voting delegate.
11. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED
FOR WEDNESDAY, AUGUST 4, 2021 DUE TO SUMMER BREAK.
Recommendation: Cancel the meeting as stated.
12. COVID-19 STATUS UPDATE.
A. City Council Resolution No. 6396 - Terminating the Local Emergency
Declared by the Director of Emergency Services.
Recommendation: Receive staff report and adopt the resolution as submitted.
13. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
14. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
15. 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.
16. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio LLamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria
17. CLOSED SESSION.
A. Conference with Labor Negotiators, Pursuant to Government Code Section
54957.6, Agency Designated Representatives: Acting City Manager Brizzee,
City Attorney Vaughn, City Clerk/Human Resources Director Mallonee,
Finance Director Williams, Legal Counsel Tufto; Employee Organizations:
Los Banos City Council Agenda - July 21,2021 Page 4of5
Los Banos Police Officers Association (LBPOA) and Unrepresented
Miscellaneous Employees.
B. Public Employee Performance Evaluation, Title: Acting City Manager,
Pursuant to Government Code Section 54957.
18. ADJOURNMENT.
A. Adjourn to 9:00 a.m., Friday, July 30, 2021 to Hold a Closed Session
Regarding Public Employment, Title: City Manager, Pursuant to Government
Code Section 54957, which will be Held virtually.
B. Adjourn to 8:30 a.m., Monday, August 2, 2021 to Hold a Closed Session
Regarding Public Employment, Title: City Manager, Pursuant to Government
Code Section 54957, which will be Held virtually.
C. Adjourn to 10:00 a.m., Monday, August 9, 2021 to Hold a Closed Session
Regarding Public Employment, Title: City Manager, Pursuant to Government
Code Section 54957, which will be Held at the College Greens Building
Located at 1815 Scripps Drive, Los Banos, California.
I hereby certify under penalty of perjury under the laws of the State at' California that the foregoing
a~~1 bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 16th day of July 2021
Los Banos City Council Agenda - July 21, 2021 Page 5 of 5
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