City Council Meeting
Regular MeetingLos Banos, CA · March 2, 2022
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MARCH 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
6:04 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, City
Clerk/Human Resources Director Mallonee, Finance Director Williams, Community &
Economic Development Director Elms, Police Chief Brizzee, Fire Chief Hurley, Public
Works Director/City Engineer Than.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by
Lambert 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 – CENTRAL REGION FFA PUBLIC SPEAKING
FINALS: ALEXIS CARLUCCI – LOS BANOS HIGH SCHOOL – 4TH PLACE OVERALL;
SEBASTIAN PAOLINI – LOS BANOS HIGH SCHOOL – READING OF THE FFA
CREED. Mayor Faria read and presented the certificates of recognition for which
Sebastian Paolini was in attendance to accept.
CERTIFICATES OF RECOGNITION – RECRUITED STUDENT ATHLETES: BRIAN
NEVAREZ – PACHECO HIGH SCHOOL – SAN JOSE STATE UNIVERSITY; JIMMY
PERKINS – PACHECO HIGH SCHOOL – WESTERN OREGON UNIVERSITY. Mayor
Faria read and presented the certificates of recognition.
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, Los Banos, asked that the City Council Meetings be open and in person and
how it would be nice to present the proclamations and certificates in person, how she
likes coming to the in person meetings, and noted that she will be coming be attending
the online meetings requesting so until it happens; SANDRA BENETTI, PCE
Representative, spoke briefly as to what PCE will offer and how they will begin serving
Los Banos in April 2022, and the upcoming workshops in English and Spanish; SCOTT
WAITE, First 5 of Merced County, and spoke regarding the upcoming Week of the Child
Event being held on April 2, 2022 at Pacheco Park and invited all to attend. 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. Council Member Lambert
requested that item 7E - City Council Resolution No. 6465 – Reauthorizing Remote
Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to
the Provisions of AB 361 be removed for discussion.
City Attorney Vaughn presented the staff report for item 7E - City Council Resolution No.
6465 – Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the
City of Los Banos Pursuant to the Provisions of AB 361. There was Council Member and
staff discussion regarding when the City Council might be back to in person meetings,
what is preventing, and putting procedures back in place for in person meetings.
Motion by Lambert seconded by Lewis to approve the consent agenda as follows: Check
Register for #231068 – #231264 in the Amount of $638,581.77; Minutes for the City
Council Meeting of January 19, 2022; Minutes for the City Council Meeting of February
2, 2022; Minutes for the City Council Meeting of February 16, 2022; City Council
Resolution No. 6465 – 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. 6466 – Declaring Real Property Owned by the City Located at 644/646 I
Street, Los Banos, (APN: 025-201-010), as Surplus Land Designated for Future
Development, Finding That Such Declaration is Exempt From Environmental Review
Under the California Environmental Quality Act, and Taking Related Actions Pursuant to
Government Code Section 54221; City Council Resolution No. 6467 – Declaring Real
Property Owned by the City Located at 1329 Frank Street, Dos Palos, (APN: 012-104-
017), as Surplus Land and Not Necessary for the City’s Use, Finding That Such
Declaration is Exempt From Environmental Review Under the California Environmental
Quality Act, and Taking Related Actions Pursuant to Government Code Section 54221.
The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas,
Mayor Faria; NOES: None; ABSENT: None.
MID-YEAR BUDGET REVIEW AND CONSIDERATION OF APPROVAL OF CITY
COUNCIL RESOLUTION NO. 6468 – ADOPTING A REVISED BUDGET FOR THE
2021-2022 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES.
Finance Director Williams presented the staff report, which included a PowerPoint
presentation.
Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6468 –
Adopting a Revised Budget for the 2021-2022 Fiscal Year as it Pertains to Expenditures
and Revenues. The motion carried by the following roll call vote: AYES: Jones, Lambert,
Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic
Development Director Elms reported that Public Hearing will be held by the Los Banos
Planning Commission on March 9, 202 to consider Mobile Food Vending Permit #2022-
01 and a Categorical Exemption from the California Environmental Quality Act (CEQA)
pursuant to 15311, Accessory Structures, to allow the operation of a mobile food vending
vehicle on private property for Ninive Villagomez dba J J Tacos & Mariscos; located within
the Mixed-Use Zoning District at 939 Sixth St., more specifically identified as Assessor's
Parcel Number: 025-241-013; Tentative Parcel Map #2021-02 to divide a 12.92 acre
parcel into four (4) parcels and a remainder parcel and a Categorical Exemption from the
California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land
Divisions, located within the Highway Commercial Zoning District at the north east corner
of Ward Rd. and Pacheco Blvd., more specifically identified as Assessor's Parcel Number:
084-020-032; r Conditional Use Permit #2022-02 and a Categorical Exemption from the
California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to
allow the use of a Type 4 7 Alcohol License for the on-sale of General Alcohol for Eddie's
Cafe, located at 401 W. Pacheco Blvd., more specifically identified as Assessor's Parcel
Number 026-062-007.
CITY MANAGER REPORT. No report.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria reminded everyone about the upcoming PCE Workshops and how staff is in
the process of finalizing projects for MCAG submittal.
CITY COUNCIL MEMBER REPORTS.
BRETT JONES: No report.
KENNETH LAMBERT: Thanked Finance Director Williams for a very well presented
mid-year budget.
DEBORAH LEWIS: Spoke regarding how customers can opt out of PCE and how she
has concerns regarding what verification they will receive in the future to know that their
opt out request has been processed, would like to have the City Manager to look at the
process of having an employee of the month and also have them come to City Council
Meetings and be recognized.
REFUGIO LLAMAS: Stated that he would like to have a little more progress in the area
of in person meetings, would like to see something in place sooner rather than later, would
like to see if we can have a Town Hall Meeting regarding the City’s Homeless Project, he
apologized for not being present at the last meeting, he had the privilege to participate in
a pickle ball game, it was a lot of fun, a good workout and would like to see this come to
fruition as it will add to the quality of life for our citizens and thanked those who invited
him to play.
MAYOR TOM FARIA: Spoke regarding the upcoming Hazardous Waste Disposal Day
on March 5, 2022 at the Fairgrounds, Arbor Day on March 4, 2022, Central Valley Honor
Flight Drive-thru Dinner Fundraiser, WordNet Divisibility Hiring Event in Merced, Los
Banos Rotary Club upcoming Crab Feed, Oliveira Park Easter Egg Scramble on April 9,
2022, Los Banos Chamber of Commerce Street Fair on April 23, 2022, how 4 Paws Pet
Hotel is doing an Easter egg hunt on April 16, 2022, and the Fundraiser for at Merced
College for the Boys and Girls Club.
ADJOURNMENT. Motion by Lewis, seconded by LLamas, the meeting was adjourned
at 7:12 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 Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MARCH 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 slYr344mZsrql5Tg
• Join & Participate in Zoom Meeting:
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UT09
Meeting ID: 835 7656 6567
Passcode:979034
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Los Banos City Council Agenda - March 2, 2022 Page 1 of5
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/hc/en-us/articles/201362663-Joini ng-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.
~{ you have any questions prior to the meeting, please ~maj1 Ci!Y G!~rK -~u~~
Mallc;mee at cityclerk@losbanos.org qr C?.11 (20_9) 827-241_2.:J
Los-Banos City Council Agenda - March 2, 2022 Page 2of5
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 /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.
·······~~;·:;;~ings or d~~:~~~·~~·~;~;;~~~ 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 de/ Ayuntamiento
respecto a cua/quier articu/o en este orden de/ 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 normales. Ademas, tales escrituras y los documentos
_____
pueden ser anunciados en el website de la ciudad en www.losbanos.org.
- - - - - - -······................................ ·- - -~
...................................
1. CALL TO ORDER - March 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 - Central Region FFA Public Speaking Finals:
1) Alexis Carlucci - Los Banos High School - 4th Place Overall
2) Sebastian Paolini- Los Banos High School- Reading of the FFA Creed
B. Certificates of Recognition - Recruited Student Athletes:
1) Brian Nevarez - Pacheco High School - San Jose State University
2) Jimmy Perkins - Pacheco High School - Western Oregon University
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 - March 2, 2022 Page 3of 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 #231068 -#231264 in the Amount of $638,581.77.
Recommendation: Approve the check register as submitted.
B. Minutes for the City Council Meeting of January 19, 2022.
Recommendation: Approve the minutes as submitted.
C. Minutes for the City Council Meeting of February 2, 2022
Recommendation: Approve the minutes as submitted.
D. Minutes for the City Council Meeting of February 16, 2022.
Recommendation: Approve the minutes as submitted.
E. City Council Resolution No. 6465 - 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.
F. City Council Resolution No. 6466 - Declaring Real Property Owned by the
City Located at 644/646 I Street, Los Banos, (APN: 025-201-010), as Surplus
Land Designated for Future Development, Finding That Such Declaration is
Exempt From Environmental Review Under the California Environmental
Quality Act, and Taking Related Actions Pursuant to Government Code
Section 54221.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6467 - Declaring Real Property Owned by the
City Located at 1329 Frank Street, Dos Palos, (APN: 012-104-017), as
Surplus Land and Not Necessary for the City's Use, Finding That Such
Declaration is Exempt From Environmental -Review Under the California
Environmental Quality Act, and Taking Related Actions Pursuant to
Government Code Section 54221.
Recommendation: Adopt the resolution as submitted.
8. MID-YEAR BUDGET REVIEW AND CONSIDERATION OF APPROVAL OF CITY
COUNCIL RESOLUTION NO. 6468 - ADOPTING A REVISED BUDGET FOR
THE 2021-2022 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND
REVENUES.
Recommendation: Receive the staff report and adopt the resolution as submitted.
9. ADy_lSEMENT OF PUBLIC NOTICES. (3 Reports)
LosBanos City Council Agenda - March 2, 2022 Page 4 of5
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), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
12. CITY COUNCIL MEMBER REPORTS.
A. Brett Jones
B. Kenneth Lambert
C. Deborah Lewis
D. Refugio Llamas
E. Mayor Tom Faria
13. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
~~ Hall bulletin board not less than n hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 24th day of February 2022
Los Banos City Council Agenda - March 2, 2022 Page 5of5
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