City Council Meeting
Regular MeetingLos Banos, CA · February 2, 2022
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
FEBRUARY 2, 2022
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
6:05 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, City
Clerk/Human Resources Director 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 Lewis, 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.
PRESENTATIONS.
CERTIFICATES OF RECOGNITION – FUTURE FARMERS OF AMERICA (FFA)
SPEECH CONTEST HOSTED BY LOS BANOS ROTARY CLUB: EMMA VAN LOBEN
SELS, JUNIOR – LOS BANOS FFA – FIRST PLACE; AVA MENEFEE, SOPHOMORE
– LOS BANOS FFA – SECOND PLACE; LARRY BORELLI, SOPHOMORE – LOS
BANOS FFA – THIRD PLACE; LILLIAN KANEMOTO – JUNIOR, LOS BANOS FFA –
HONORABLE MENTION. Mayor Faria read and presented the certificates of recognition,
for which Larry Borelli and Lillian Kanemoto were in attendance to accept the recognition.
COVID-19 STATUS UPDATE – BY DR. PHILLIP YU, MEMORIAL HOSPITAL LOS
BANOS/SUTTER HEALTH. Dr. Yu spoke regarding COVID-19, which included a
PowerPoint presentation.
There was Council Member and staff discussion regarding the new virus called stealth
omicron and the different types of COVID-19 viruses, California COVID-19 rates,
vaccines, booster vaccines, how viruses mutate, immunity, total mortality from this last
surge, how viruses lose their vitality, people are gaining immunity, how we are going in
the direction of an endemic situation.
Informational item only, no action taken.
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: KATHY
BALLARD stated that she would like to see our Council Meetings open and in person
again and that the City Council should set an example and get back to normal meetings
in person; SANDRA BENETTI, representative with Peninsula Clean Energy spoke
regarding upcoming enrollment for electric energy services beginning in April 2022, their
next workshop on March 15, 2022 at 6:00 p.m. at the Community Center in Spanish and
also on Zoom, Workshop on March 31, 2022 in English and also on Zoom, and the
upcoming April 2022 Workshops; Mayor Faria then asked City Clerk Mallonee if she had
received any comments, for which 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.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert
seconded by LLamas to approve the consent agenda as follows: Check Register for
#230615 – #230801 in the Amount of $1,107,162.13; Second Quarter Investment Report
for the 2021/2022 Fiscal Year; Minutes for the City Council Meeting of January 5, 2022;
City Council Resolution No. 6458 – 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. 6459 – Authorizing the City Manager to Execute an Amendment
to Professional Service Agreement with Place Works for the Preparation of a General
Plan Update and Accompanying Environmental Impact Report and Adopting a Revised
Budget for the Fiscal Year 2021-2022 as it Pertains to Expenditures in the Amount not to
Exceed $178,113. The motion carried by the following roll call vote: AYES: Jones,
Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
ELIMINATION OF THE ECONOMIC DEVELOPMENT ADVISORY COMMISSION;
ORDINANCE NO. 1195 – ELIMINATING THE ECONOMIC DEVELOPMENT
ADVISORY COMMISSION SPECIFICALLY REPEALING TITLE 2 CHAPTER 2
ARTICLE 4 OF THE LOS BANOS MUNICIPAL CODE (SECOND READING &
ADOPTION). Community & Economic Development Director Souza Elms presented the
staff report.
Motion by Lewis, seconded by Lambert to waive the second reading of Ordinance No.
1195 – Eliminating the Economic Development Advisory Commission Specifically
Repealing Title 2 Chapter 2 Article 4 of the Los Banos Municipal Code. The motion
carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas, Mayor
Faria; NOES: None; ABSENT: None.
Motion by Lewis, seconded by Lambert to adopt Ordinance No. 1195 – Eliminating the
Economic Development Advisory Commission Specifically Repealing Title 2 Chapter 2
Article 4 of the Los Banos Municipal Code. 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 [HELD AT 7:00 P.M.]; CITY COUNCIL RESOLUTION NO. 6460 – ADJUSTING
THE BOUNDARIES OF THE CITY COUNCIL DISTRICTS IN ACCORDANCE WITH
CALIFORNIA ELECTIONS CODE SUBSECTION 21601-21609 AND MUNICIPAL
CODE SECTION 2-2.102(C). City Attorney Vaughn presented the staff report, which
included a PowerPoint presentation by Chris Skinnell and Jeff Tilton with National
Demographic Corporation.
Mayor Faria opened the Public Hearing. No one came forward to speak and there were
comments received by the City Clerk, and the public hearing was closed.
There was Council Member and staff discussion regarding concerns with current
developments, if we were allowed to take those into consideration at this time, how the
inclusion of developments has to be on a systematic and timely basis, Draft B seems to
be the most equitable redistricting that we have been presented within the guidelines,
how to handle future growth mid-decade, and newly annexed property. It was the
consensus of all five Council Members to go with Draft B Map.
Motion by Lewis, seconded by LLamas to adopt City Council Resolution No. 6460 –
Adjusting the Boundaries of the City Council Districts in Accordance with California
Elections Code Subsection 21601-21609 and Municipal Code Section 2-2.102(c) and
incorporate Draft B Map. The motion carried by the following roll call vote: AYES: Jones,
Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
AMERICAN RESCUE PLAN ACT (ARPA) – PROPOSED SPENDING PLAN; CITY
COUNCIL RESOLUTION NO. 6461 – AUTHORIZING EXPENDITURES FROM THE
ARPA AND ADOPTING A REVISED BUDGET FOR FISCAL YEAR 2021/2022 AS IT
PERTAINS TO EXPENDITURES. Finance Director Williams presented the staff report,
which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the $1 million already
committed to the RAD Card Program for businesses which would include the small
census track, how the Small Business Grant Program is just not fair to all businesses,
may be a hassle for staff and tilted unfairly, putting the funding towards revenue
reimbursement, money that will be allocated towards the special district downtown,
options for businesses outside that downtown area; not being an income qualification for
either areas, the funding is to be focused on businesses that had a financial lost due to
COVID-19, support for the idea of supporting both big and small businesses, if the funding
can be used for parks, no interest for helping start-up businesses but okay with helping
re-start businesses. Council Members Jones, Lambert, Lewis, and Faria supported
allocating the undedicated ARPA funding to revenue and reimbursement; Council
Member LLamas supported to also include the Small Business Funding option.
Motion by Lewis, seconded by Lambert to allocate the undedicated ARPA funds to
revenue and reimbursement. The motion carried by the following roll call vote: AYES:
Jones, Lambert, Lewis, Mayor Faria; NOES: LLamas; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES. (No Report)
CITY MANAGER REPORT. No report
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that MCAG is going through their Regional Housing needs
assessment and regional transportation needs and how PCE had a meeting last week,
they continue to acquire more power, spoke regarding their upcoming workshops.
CITY COUNCIL MEMBER REPORTS.
DEBORAH LEWIS: No report
REFUGIO LLAMAS: Congratulated the young kids for their achievements in the speech
contests; spoke regarding the homeless problem behind Home Depo and concerns for
there being more theft and vandalism, how he was happy to hear Dr. Yu state that we are
working towards an endemic, and asked staff if we could start working on a solution to
get back to in person meetings as it is important as part of an open and democratic
process.
BRETT JONES: No report
KENNETH LAMBERT: Thanked all the presenters at tonight’s meeting as they were
presented very well and spoke regarding the ground breaking of the new IHop.
MAYOR TOM FARIA: No report.
CLOSED SESSION – CONFERENCE WITH REAL PROPERTY NEGOTIATIONS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED AT
610 PACHECO BOULEVARD, LOS BANOS, CALIFORNIA, APPROXIMATELY 0.296
ACRES (APN 026-121-006); CITY NEGOTIATORS: CITY MANAGER PINHEIRO, CITY
ATTORNEY VAUGHN, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
ELMS; NEGOTIATING PARTIES: SYBIL A. BALATTI TRUSTEE; UNDER
NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No reportable action.
ADJOURNMENT. Motion by Lambert, seconded by Lewis, the meeting was adjourned
at 8:38 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
LOsBanos
At the Crossroads of Cal~fornia
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 2, 2022-6:00 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://www.youtube.com/channel/UC3sy5 slYr344mZsrgl5Tg
• Join & Participate in Zoom Meeting:
https://us06web.zoom.us/j/89846276425?pwd=dWpzRTQ3MURPckVZazJsWGhBe
DdLZz09
Meeting ID: 898 4627 6425
Passcode:291791
One tap mobile
+16699006833,,89846276425#,,,, *291791# US (San Jose)
+14086380968,,89846276425#,, ,,*291791# US (San Jose)
Dial by your location
+1 669 900 6833 US (San Jose)
+1 408 638 0968 US (San Jose)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
+1 646 876 9923 US (New York)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
Find your local number: https://us06web.zoom.us/u/kkTnlbdve
Los Banos City Council Agenda - February 2, 2022 Page 1 of 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://support.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 ://support. zoom. us/he/en-us/a rticles/201362663-J oin ing-a-Zoom-meeti ng-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.
If you have any questions prior to the meeting, please email City Clerk Lucy
Mallonee at cityclerk@losbanos.org or call (209) 827-2412.
Los Banos City Council Agenda - February 2, 2022 Page 2 of 5
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 o participar en esta junta por favor flame 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 los 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 yen 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 - February 2, 2022 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. PRESENTATIONS.
A. Certificates of Recognition - Future Farmers of America (FFA) Speech
Contest Hosted by Los Banos Rotary Club:
1) Emma Van Loben Sels, Junior- Los Banos FFA- First Place
2) Ava Menefee, Sophomore - Los Banos FFA- Second Place
3) Larry Borelli, Sophomore - Los Banos FFA - Third Place
4) Lillian Kanemoto - Junior, Los Banos FFA- Honorable Mention
B. COVID-19 Status Update - By Dr. Phillip Yu, Memorial Hospital Los
Banos/Sutter Health.
Recommendation: Informational item only, no action to be taken.
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 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.)
Los Banos City Council Agenda - February 2, 2022 Page 3 of 5
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 #230615 -#230801 in the Amount of $1,107,162.13.
Recommendation: Approve the check register as submitted.
B. Second Quarter Investment Report for the 2021/2022 Fiscal Year.
Recommendation: Accept the report as submitted.
C. Minutes for the City Council Meeting of January 5, 2022.
Recommendation: Approve the check register as submitted.
D. City Council Resolution No. 6458 - 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.
E. City Council Resolution No. 6459 - Authorizing the City Manager to Execute
an Amendment to Professional Service Agreement with PlaceWorks for the
Preparation of a General Plan Update and Accompanying Environmental
Impact Report and Adopting a Revised Budget for the Fiscal Year 2021-2022
as it Pertains to Expenditures in the Amount not to Exceed $178,113.
Recommendation: Adopt the resolution as submitted.
8. ELIMINATION OF THE ECONOMIC DEVELOPMENT ADVISORY COMMISSION.
A. Ordinance No. 1195 - Eliminating the Economic Development Advisory
Commission Specifically Repealing Title 2 Chapter 2 Article 4 of the Los
Banos Municipal Code. (Second Reading & Adoption)
Recommendation: Receive staff report, waive the second reading, and adopt the ordinance
as submitted.
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 Input and Testimony Regarding Possible
Revisions to Los Banos's City Council Electoral District Plan. [7:00 P.M.J
1) City Council Resolution No. 6460 - Adjusting the Boundaries of the City
Council Districts in Accordance with California Elections Code
Subsection 21601-21609 and Municipal Code Section 2-2.102(c).
Recommendation: Receive staff report, open the public hearing, receive public comment,
close the public hearing, and adopt the resolution as submitted.
Los Banos City Council Agenda - February 2, 2022 Page 4 of 5
10. AMERICAN RESCUE PLAN ACT (ARPA) - PROPOSED SPENDING PLAN.
A. City Council Resolution No. 6461 - Authorizing Expenditures from the ARPA
and Adopting a Revised Budget for Fiscal Year 2021/2022 as it Pertains to
Expenditures.
Recommendation: Receive staff report and adopt the resolution as submitted.
11. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. 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.
14. CITY COUNCIL MEMBER REPORTS .
A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria
15. CLOSED SESSION.
A. Conference with Real Property Negotiations, Pursuant to Government Code
Section 54956.8; Property Located at 610 Pacheco Boulevard, Los Banos,
California, Approximately 0.296 acres (APN 026-121-006); City Negotiators:
City Manager Pinheiro, City Attorney Vaughn, Community & Economic
Development Director Elms; Negotiating Parties: Sybil A. Balatti Trustee;
Under Negotiation: Purchase Price and Terms of Sale.
16. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
~ Pf ~d ~ ulletin board not less than 72 hours prior to the meeting .
Lucille L. Mallonee, City Clerk Dated this 27th day of January 2022
Los Banos City Council Agenda - February 2, 2022 Page 5 of 5
Get email alerts for Los Banos
A daily email when new agendas and minutes are posted.