City Council Meeting
Regular MeetingLos Banos, CA · December 1, 2021
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
DECEMBER 1, 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 and in accordance with Assembly Bill 361.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of
6:04 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, Mayor Manuel Thomas Faria
III; ABSENT: None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Human
Resources Director/City Clerk Mallonee, Finance Director Williams, Community &
Economic Development Director Elms, Police Chief Brizzee, Fire Chief Hurley, Interim
Public Works Director Bowersox.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by
LLamas to approve the agenda as submitted. The motion carried by the following roll call
vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT:
None.
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 those participating in the meeting if they would like to speak and no one
came forward to speak; he then asked City Clerk Mallonee if she had received any
comments, for which City Clerk Mallonee stated that she received no comments and the
public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Jones
stated that he would like to pull item 6E – City Council Resolution No. 6427 – Approving
Closure of Non-Essential City Offices on Monday, December 27, 2021 and Monday,
January 3, 2022 for discussion for which he wanted to thank staff for requesting these
extra office closure days so that employees can spend extra time with their families during
the holidays.
Motion by Jones, seconded by LLamas to approve the consent agenda as follows: Check
Register for #229818 – #230021 in the Amount of $526,068.01; Minutes for the November
10, 2021 Special City Council Meeting; City Council Resolution No. 6425 – Authorizing
the Release of Unclaimed Checks Pursuant to California Government Code Section
50055 to the City of Los Banos; City Council Resolution No. 6426 – Amending the Fiscal
Year 2021-2022 Budget by Increasing Appropriations in the General Fund for
Maintenance Building and Structures in the Amount of $28,000 for the Replacement of
Flooring at the Miler & Lux Facility; City Council Resolution No. 6427 – Approving Closure
of Non-Essential City Offices on Monday, December 27, 2021 and Monday, January 3,
2022; City Council Resolution No. 6428 – Reauthorizing Remote Teleconference
Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of
AB 361. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis,
LLamas, Mayor Faria; NOES: None; ABSENT: None.
CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6429 –
AUTHORIZING AWARD OF DESIGN-BUILD CONSTRUCTION CONTRACT FOR CITY
OF LOS BANOS POLICE STATION FACILITY PROJECT TO SWINERTON BUILDERS
IN THE AMOUNT OF $22,333,609.00 WITH A CONTINGENCY OF $274,367.00. Interim
Public Works Director and Police Chief Brizzee presented the staff report, which included
a PowerPoint presentation.
There was Council Member and staff discussion regarding thanking staff for working so
hard on getting this far with the New Police Station, how excited they all are about the
new building and the architectural design is right on edge in its style and graphics for our
City, happy for our Police Department and City. Police Chief Brizzee thanked the City
Council and community for all their support, this is a very exciting time for all of us at the
Police Department, couldn’t have been done without the support of the community
through Measure P, hoping to break ground in May 2022.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6429 –
Authorizing Award of Design-Build Construction Contract for City of Los Banos Police
Station Facility Project to Swinerton Builders in the Amount of $22,333,609.00 with a
Contingency of $274,367.00. The motion carried by the following roll call vote: AYES:
Jones, Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
CONSIDERATION OF FOURTH OF JULY CELEBRATION SPECIAL EVENT FEE
WAIVER. Council Member Lambert stated that he has been advised by the City Attorney
that he has a disqualifying conflict of interest on this agenda item and I will be excusing
myself from the meeting and signing off.
Community & Economic Development Director Elms presented the staff report.
There was Council Member and staff discussion regarding how this is a great event and
well attended, which of the requested items to be waived are the same of the Christmas
Parade, what fees they will still have to pay; will they pay for the use of tables and chairs,
based on this request look at the current policy and bring it up to date to make it more fair
and equitable, maybe put in a pot of money to be shared by events, how these events
could get costly for us and the need to treat each group the same, this event was attended
by a lot more folks even more than anticipated, the need for events like this and the need
to support more types of events like this, getting more revenue for these types of events,
how there is a multifaceted benefit to these events, have staff bring us back information
with numbers to consider at the next meeting and would like to see these organizations
continue forward, how we need to mindful of tax payers dollars and equitable to everyone,
concern that this organization is planning this event under the current rules and not
change the rules now while they are applying for this waiver and how under the current
rules the cost of permit fees have to be paid as well as the firework fees and rental fees.
Motion by Lewis, seconded by LLamas to continue this item to December 15, 2021. The
motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas,
Mayor Faria; NOES: None; ABSENT: None.
Council Member Lambert rejoined the City Council Meeting.
PENINSULA CLEAN ENERGY (PCE) PRESENTATION & UPDATE. Community &
Economic Development Director Elms presented the staff report and introduced Jan
Pepper, CEO of Peninsula Clear energy who provided an update on the outreach and
launch process for the City of Los Banos, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the 3% that is reverted back
to PG&E, if PCE has determined the number of people to be enrolled in Los Banos for it
to work and continue services with Los Banos, is there a number that would make it not
viable to provide services to Los Banos, helping customers with the change-over of
equipment to qualify for grant funding, if there are income eligible programs or for anyone,
what happens to the solar equipment at the end of the life, research showing some
horrible situations with the labor arrangements, how the City could decide to not do
business with PCE and there is a clause that the City would be penalized if we left before
a certain time and if that were to happen there are incurred costs and reimbursements,
and what happens if you do not get the return on investment you were planning for.
Informational item only, no action taken.
ADVISEMENT OF PUBLIC NOTICES (ONE REPORT). Community & Economic
Development Director Elms stated that there will be a public hearing at the Planning
Commission Meeting on December 8, 2021 to consider a Mitigated Negative Declaration
for the AMG Industrial Annexation and Pre-Zone and associated Pre-Annexation
Development Agreement, the proposed project is located on the southwest corner of
Overland Avenue and Johnson Road, 28.5 acres, APN 081-110-007.
CITY MANAGER REPORT. City Manager Pinheiro spoke regarding the new ARCO
grand opening yesterday and congratulated the Todd family, thanked the Chamber of
Commerce on the excellent job of putting together the grand opening and how he enjoys
going to those events as he gets to see people he hasn’t seen in years, the upcoming
Grocery Outlet Grand Opening event, Berkshire Realty Grand Opening event, Downtown
Christmas lighting ceremony, Christmas parade, and Breakfast with Santa.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that he has nothing to report.
CITY COUNCIL MEMBER REPORTS.
DEBORAH LEWIS: Council Member Lewis stated that she had a great time and the
ARCO grand opening last night and especially enjoyed the cookie and reminded residents
to contact San Joaquin Valley Air for incentives too.
REFUGIO LLAMAS: Council Member LLamas stated that December 7th is next week to
honor Pearl Harbor and how it is a reminder that we need to come together as a republic,
how he went on a ride along with two of Los Banos’s finest police officers and he was so
impressed, the team and the department are a well-oiled machine and how we have
tremendous men and women working to keep us safe, kudos to command staff and Police
Chief Brizzee.
BRETT JONES: No report
KENNETH LAMBERT: Council Member Lambert thanked Ms. Pepper for a great
presentation and looking forward to the excitement for the rest of the week.
MAYOR TOM FARIA: Mayor Faria stated that so much is going on around town, parade,
music concerts, school choir concerts, it’s all the volunteers in the town that make this
happen.
ADJOURNMENT. Motion by Lambert, seconded by Lewis, the meeting was adjourned
at 7:40 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
At the C ' ssroads of Calif( r 1
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
DECEMBER 1, 2021 - 6:00 PM
The City Hall Council Chambers remain closed to the public.
In accordance with Assembly Bill 361, all members of the City Council
and City staff will join the meeting via phone/video conference and
no teleconference locations are required.
The following alternatives are available to members of the public who wish to
watch the meeting and/or provide comments to the City Council
before and during the meeting:
AudioNideo Broadcast: This City Council Meeting can be accessed in real time from
your computer, tablet, or smartphone at the following links:
• Watch on Cable-Comcast Channel 96
• Watch on YouTube: https:/lwww.youtube.com/channel/UC3sy5 slYr344mZsrql5Tg
• Join & Participate in Zoom Meeting:
https:/Ius06web.zoom.us/j/85375879892?pwd=Si9wVINGTDdQM3RWcG5raE5HUG
VqZz09
Meeting 10: 85375879892
Passcode: 905284
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Los Banos City Council Agenda - December 1, 2021 Page 10(5
HOW TO COMMENT DURING A PUBLIC MEETING
Public comments will be taken at the time of each eligible Agenda item.
If you would like to submit written comments: Please submit written comments by email
to cityclerk@losbanos.org or drop them off at City Hall, 520 J Street.
If you are a Zoom video Conference participant: To comment by Zoom video
conference, click the "Raise Your Hand" button to request to speak when Public
Comment is being taken on an eligible agenda item. You will then be unmuted during
your turn and allowed to make public comments. After the allotted time, you will then be
re-muted.
• Instructions on how to join a Zoom meeting and "Raise Your Hand" are available at:
https:llsupport.zoom.us/hc/en-us/articles/115002262083-Joining-a-Zoom-test-
meeting
If you are a phone participant: To comment by phone, please call on one of the above
listed phone numbers. You will be prompted to "Raise Your Hand" by pressing "*9" to
request to speak when Public Comment is being taken on an eligible agenda item. You
will then be unmuted during your turn and allowed to make public comments. Then,
press "*6" to unmute yourself in order to speak. After the allotted time, you will then be
re-muted.
• Instructions on how to join a Zoom meeting by phone are available at:
https:/Isupport.zoom. us/helen-usIarticles/201362663-Joining-a-Zoom-meeting-by-
phone
IMPORTANT THINGS TO REMEMBER DURING YOUR PUBLIC COMMENT PERIOD
1. All attendees shall be muted upon entry to the meeting.
2. Please do not raise your hand if the item currently being heard is not the item you
wish to speak on. We will call for public testimony on each item individually. When
the item you are interested in is called and public speakers are invited to raise their
hands, raise yours then and we will call them all in the order they are raised.
3. You may of course speak on multiple items but your comments during each item
must address the item currently under discussion. Speakers attempting to speak
about items other than the item currently under consideration will be muted and
asked to wait for the item they're here to speak about to be called.
ilf you have any questions prior to the meeting, please email City Clerk Lucy
Mallonee at citvclerk@losbanos.org or call (209) 827-2412.,
Los Banos City Council Agenda - December 1, 2021 Page 20'5
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.org.
* * * * * * * * * * * * * * * *
Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento
respecto a cualquier artfculo en este orden del dia sera hecho disponible para la
inspecci6n publica en la reuni6n 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.org.
................................................................................................................................................. - - .
1. CALL TO ORDER - December 1, 2021 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __, Lambert __, Lewis __, LLamas __, Faria __
4. CONSIDERATION OF APPROVAL OF AGENDA.
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
on how to participate and make comments are listed on pages 1 and 2 of this
agenda. Comments received prior to the meeting will be read into the record at the
appropriate time during the City Council Meeting.)
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 #229818 - #230021 in the Amount of $526,068.01.
Recommendation: Approve the check register as submitted.
B. Minutes for the November 10, 2021 Special City Council Meeting.
Recommendation: Approve the minutes as submitted.
Los Banos City Council Agenda - December 1, 2021 Page 30t5
C. City Council Resolution No. 6425 - Authorizing the Release of Unclaimed
Checks Pursuant to California Government Code Section 50055 to the City of
Los Banos.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6426 - Amending the Fiscal Year 2021-2022
Budget by Increasing Appropriations in the General Fund for Maintenance
Building and Structures in the Amount of $28,000 for the Replacement of
Flooring at the Miler & Lux Facility.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6427 - Approving Closure of Non-Essential City
Offices on Monday, December 27,2021 and Monday, January 3,2022.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6428 - 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. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6429
- AUTHORIZING AWARD OF DESIGN-BUILD CONSTRUCTION CONTRACT
FOR CITY OF LOS BANOS POLICE STATION FACILITY PROJECT TO
SWINERTON BUILDERS IN THE AMOUNT OF $22,333,609.00 WITH A
CONTINGENCY OF $274,367.00.
Recommendation: Receive the staff report and adopt the resolution as submitted.
8. CONSIDERATION OF FOURTH OF JULY CELEBRATION SPECIAL EVENT FEE
WAIVER.
Recommendation: Receive the staff report and authorize the fee waiver as submitted.
9. PENINSULA CLEAN ENERGY (PCE) PRESENTATION & UPDATE.
Recommendation: Informational item only, no action to be taken.
10. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
11. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
12. 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.
Los Banos City Council Agenda - December 1, 2021 Page 40'5
13. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio LLamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria
14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
~~M:" bulletin board not less than 72 hours pMor lD the meeting.
Sara Blevins, Deputy City Clerk Dated this 24th day of November 2021
Los Banos City Council Agenda - December 1, 2021 Page 50'5
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