City Council Meeting
Regular MeetingLos Banos, CA · March 16, 2022
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MARCH 16, 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
6:06 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: Council Member Brett Jones.
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 Lambert, seconded by
Lewis to approve the agenda as submitted. The motion carried by the following roll call
vote: AYES: Lambert, Lewis, Mayor Faria; NOES: LLamas; ABSENT: Jones.
PRESENTATIONS.
PROCLAMATION RECOGNIZING CESAR CHAVEZ DAY. Mayor Faria read and
presented the proclamation to Patricia Ramos Anderson, President of LULAC who was
in attendance to accept.
PROCLAMATION RECOGNIZING WEEK OF THE YOUNG CHILD. Mayor Faria read
and presented the proclamation to Scott Waite, Executive Director, Merced County First
5 who was in attendance to accept.
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: GENE
LIEB, stated that he heard a rumor that April 6, 2022 that the City Council Meeting will be
back in person and wanted to be sure to be on the last zoom meeting, spoke regarding
how masks are optional and should be supported; PATRICIA RAMOS-ANDERSON
stated that she is so happy that we have all worked together to get through the COVID-
19 pandemic, using special precautions is what got us through the hard times and respect
each other’s decisions. 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 LLamas
requested that items 7B – City Council Resolution No. 6469 – Reauthorizing Remote
Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to
the Provisions of AB 361 be pulled for discussion and separate vote; he also requested
that item 7D - City Council Resolution No. 6471 – Amending the Fiscal Year 2021-2022
Budget by Increasing the Appropriation for Expenditures in the Fire Gasoline and Oil Fund
by $8,000 to Purchase Fuel for Vehicles be pulled for discussion.
City Attorney Vaughn presented the staff report for item Bill spoke to item 7B – City
Council Resolution No. 6469 – 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 AB 361 expires and how the
City of Los Banos has taken some pretty serious precautions to keep everyone safe.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6469 –
Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of
Los Banos Pursuant to the Provisions of AB 361. The motion failed by the following roll
call vote: AYES: Lambert, Lewis; NOES: LLamas, Mayor Faria; ABSENT: Jones.
Fire Chief Hurley presented the staff report for item 7D – City Council Resolution No.
6471 – Amending the Fiscal Year 2021-2022 Budget by Increasing the Appropriation for
Expenditures in the Fire Gasoline and Oil Fund by $8,000 to Purchase Fuel for Vehicles.
There was Council Member and staff discussion regarding the breakdown to the request
for increase, fuel costs, increase in calls for service and where are those calls for service,
increase in calls, if the increase was due to EMT calls, if we are entitled to
reimbursements.
Motion by LLamas seconded by Lambert to approve the consent agenda as follows,
minus item 7B – City Council Resolution No. 6469 – Reauthorizing Remote
Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to
the Provisions of AB 361: Check Register for #231265 – #231410 in the Amount of
$738,717.24; City Council Resolution No. 6469 – 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. 6470 – Authorizing the City Manager to Extend
Charging a Flat Rate for Late Penalties for Delinquent Water, Wastewater, and Solid
Waste Services; City Council Resolution No. 6471 – Amending the Fiscal Year 2021-
2022 Budget by Increasing the Appropriation for Expenditures in the Fire Gasoline and
Oil Fund by $8,000 to Purchase Fuel for Vehicles; City Council Resolution No. 6472 –
Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park 7-
11, APN. 424-120-020 [Stonefield Home, Inc.]; City Council Resolution No. 6473 –
Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park,
Phase 7 and Accompanying Subdivision Improvement Agreement, APN. 424-120-019
[Stonefield Home, Inc.]; City Council Resolution No. 6474 – Authorizing Entering into a
Facility Use Agreement Between the City of Los Banos and Los Banos American Little
League for the Use of the Colorado Ballpark; City Council Resolution No. 6475 –
Authorizing Award of Construction Contract for the Cresthills Sewer Lift Station
Rehabilitation Project to W.M. Lyles Co. in the Amount of $642,749.00 with a 10%
Contingency of $64,000.00 and Adopting a Revised Budget for the Fiscal Year 2021-
2022 as it Pertains to the Wastewater Collections Fund for Master Plan Improvements.
The motion carried by the following roll call vote: AYES: Lambert, Lewis, LLamas, Mayor
Faria; NOES: None; ABSENT: Jones.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
THE CITY OF LOS BANOS GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT FOR CALENDAR YEAR 2021 AND TO CONSIDER AN
EXEMPTION FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) OF THE CEQA
GUIDELINES AS THE ANNUAL REPORT HAS NO SIGNIFICANT EFFECT ON THE
ENVIRONMENT; CITY COUNCIL RESOLUTION NO. 6476 – ADOPTING THE 2021
ANNUAL REPORT ON THE STATUS OF THE HOUSING ELEMENT OF THE
GENERAL PLAN AND PROGRESS ITS IMPLEMENTATION. Community & Economic
Development Director Souza Elms presented the staff report, which included a
PowerPoint presentation.
There was Council Member and staff discussion regarding the deficient in lower income
housing area and the City’s strategy to address this, how the General Plan update will
help with, talking to developers to encourage all different types of housing stock, i.e.
duplex, triplex, apartments, category the multiple housing development on 7th Street fell
under, concerns with developers who are cool to the idea of developing very low income
housing because it doesn’t meet their margins and what the City can do, i.e. tax credits,
subsidies, how the Gilbert Gonzales Project was developed, and how it would be nice to
get some nice multi-family lower income housing.
Mayor Faria opened the public hearing. PATRICIA RAMOS-ANDERSON inquired as to
if the City is coordinating and reaching out to affordable housing agencies for which
Community & Economic Development Director Elms confirmed she was and also working
on homeless housing with the Rescue Mission.
Motion by Lambert, seconded by LLamas to adopt City Council Resolution No. 6476 –
Adopting the 2021 Annual Report on the Status of the Housing Element of the General
Plan and Progress its Implementation. The motion carried by the following roll call vote:
AYES: Lambert, Lewis, LLamas, Mayor Faria; NOES: None; ABSENT: Jones.
PENINSULA CLEAN ENERGY (PCE) PRESENTATION AND UPDATE. Community &
Economic Development Director Souza Elms presented the staff report, introduced Jan
Pepper, CEO with PCE, who spoke in more detail which included a PowerPoint
presentation.
There was Council Member and staff discussion regarding opt out information, how when
you call you will get a confirmation number but no written confirmation, the two types of
service available being 5% discount and the 100% renewable energy for $4 more a
month, how the cost of traditional energy rises and how it will affect PCE rates, incentives
for purchasing a used EV and the estimated cost and life span of a battery, the different
types of rebates, and incentive rates for EV purchases dependent on income level.
Informational item only, no action taken.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic
Development Director Elms reported that a Public Hearing will be held by the Los Banos
Planning Commission on March 23, 2022 to consider a Negative Declaration (SCH
#2022020246) and Vesting Tentative Parcel Map #2021-01 to divide two (2) parcels
totaling 85.85 acres into six (6) parcels, located within an Undesignated Zoning District at
3400 East Pacheco Boulevard, north of E. Pacheco Boulevard and west of Santa Fe
Grade, Assessor's Parcel Number: 084-010-077 and 084-020-007; to consider a
Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant
to Section 15301, Existing Facilities and Cottage Food Operation #2022-01 for Maria
Rodriguez at 826 Place Road, more specifically identified as Assessor's Parcel Number:
082-515-008; to consider 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 47 Alcohol License for the on-sale of General Alcohol
for Eddie's Cafe, located at 401 W. Pacheco Boulevard, more specifically identified as
Assessor's Parcel Number 027-161-048.
CITY MANAGER REPORT. City Manager Pinheiro stated that he recently attended the
Badge Pinning Ceremony of Fire Captain Daniel Freeman Engineer Jake Sawyer
Firefighter Kevin Spencer Firefighter Ian McDonald Firefighter Vincent Rizzo Firefighter
Julian Mendoza on March 10, 2022, the Police Commander promotion ceremony for
Justin Melden, announced how staff is making preparations to go back to in person
meetings on April 6, 2022 and reminded all to stop by the Community Center and pick up
the new Recreation Guide.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria spoke regarding the upcoming MCAG meeting on March 17, 2022 with topics
being land fill, OneVoice trip and a Homeless Workshop being held just prior to the
meeting, Measure V is looking at the lights on Pacheco Boulevard and pedestrian bike
path to Merced College.
CITY COUNCIL MEMBER REPORTS.
KENNETH LAMBERT: Congratulated Police Commander Melden on his promotion and
knows he will do a great job, how nice the Badge Pinning Ceremony was, and thanked
Police Chief Brizzee on the great job the Los Banos Police Department is doing.
DEBORAH LEWIS: Congratulated the new Fire fighters and promotions and also to
Police Commander Justin Melden.
REFUGIO LLAMAS: Congratulated all those who got promoted and well deserved,
welcomed aboard to the new fire fighters, spoke regarding how we have a lot of parks
that don’t have names and inquired if we could we start naming parks and build a more
sense of community, his upcoming Community Outreach Event that he is holding to help
connect with residents and find out how they’d like to see the city grow, and would like to
see a Veterans hiring preference for new hires to attract some of those veterans.
BRETT JONES: Absent
MAYOR TOM FARIA: Spoke regarding the Week of the Young Child event, Pacheco
High School play “Into the Woods”, congratulated all the Fire Department employees on
their new hire and promotions at the badge pinning ceremony and to Police Commander
Justin Melden on his promotion.
ADJOURNMENT. Motion by Lewis, seconded by Lambert, the meeting was adjourned
at 8:02 p.m. The motion carried by the following roll call vote: AYES: Lambert, Lewis,
LLamas, Mayor Faria; NOES: None; ABSENT: Jones.
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 16, 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:
Join Zoom Meeting
https://us06web.zoom. us/j/85252673907?pwd=eDk5T3d jQmc1 Vy9ONIZNaW pPWIE
2Zz09
Meeting ID: 852 5267 3907
Passcode:718126
One tap mobile
+16699006833,,85252673907#,,,,*718126# US (San Jose)
+14086380968,,85252673907#,,,, *718126# 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)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
+1 646 876 9923 US (New York)
• Find your local number: https://us06web.zoom.us/u/kcO9Lm7aFc
Los Banos City Council Agenda - March 16, 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/hc/en-us/articles/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.
ijf. you have any questions prior to the meeting, pleas~ email City Clerk Lus;~
Mc!llone~ ~tcityclerk@losbanos.org gr ~~ {209-). 82('-g_41_gj
Los Banos City Council Agenda-March 16, 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.
'. . . . . .~~..?.~!.~~~. ?.'!.. ~.?.~.~~.~~~. ~~~~~'!.. ~~.~. ~~.~.~ta de Americanos con Desha~.'.~!.~~~.\~!:!.~!...?.'!.. .!. ~~?.:. .. ... 1
.·········································~·~;··:;;;;~~~ or doc~~~·~;~·~;~;;~~~· ;~· ·~~~;~;;;;·;;·;~~·;;;;·;~·:;~;;·· ·. · · · · · ·· · · · · · · · · · · 1
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 cua/quier articulo en este orden def dia sera hecho disponible para la
inspecci6n pub/ica 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
i. . . . . . . . . . . . pued~.~...~'!.~. ~~~~.~.i~~~.~...~~..'!.!.. ~~~~!.t.'!.. ~':.. .!.~. .~~~~~.~. en WWW.:'.?.~~~.~.?.~:.?.:.g:.. . . ... __~
1. CALL TO ORDER - March 16, 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. Proclamation Recognizing Cesar Chavez Day
B. Proclamation Recognizing Week of the Young Child
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.)
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 #231265 -#231410 in the Amount of $738,717.24.
Recommendation: Approve the check register as submitted.
Los Banos City Council Agenda - March 16, 2022 Page 3 of5
B. City Council Resolution No. 6469 - 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.
C. City Council Resolution No. 6470 - Authorizing the City Manager to Extend
Charging a Flat Rate for Late Penalties for Delinquent Water, Wastewater,
and Solid Waste Services.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6471 - Amending the Fiscal Year 2021-2022
Budget by Increasing the Appropriation for Expenditures in the Fire Gasoline
and Oil Fund by $8,000 to Purchase Fuel for Vehicles.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6472 -Approving and Adopting Final Tract Map
No. 2015-01 Southpointe at Regency Park 7-11, APN. 424-120-020
[Stonefield Home, Inc.]
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6473 - Approving and Adopting Final Tract Map
No. 2015-01 Southpointe at Regency Park, Phase 7 and Accompanying
Subdivision Improvement Agreement, APN. 424-120-019 [Sonefield Home,
Inc.]
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6474 - Authorizing Entering into a Facility Use
Agreement Between the City of Los Banos and Los Banos American Little
League for the Use of the Colorado Ballpark.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6475 - Authorizing Award of Construction
Contract for the Cresthills Sewer Lift Station Rehabilitation Project to W.M.
Lyles Co. in the Amount of $642,749.00 with a 10% Contingency of
$64,000.00 and Adopting a Revised Budget for the Fiscal Year 2021-2022 as
it Pertains to the Wastewater Collections Fund for Master Plan Improvements.
Recommendation: Adopt the resolution as submitted.
8. 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 City of
Los Banos General Plan and Housing Element Annual Progress Report for
Los Banos City Council Agenda - March 16, 2022 Page 4 of5
Calendar Year 2021 and to Consider an Exemption from the Requirements of
the California Environmental Quality Act (CEQA) Pursuant to Section
15061(b)(3) of the CEQA Guidelines as the Annual Report has No Significant
Effect on the Environment.
1) City Council Resolution No. 6476 - Adopting the 2021 Annual Report on
the Status of the Housing Element of the General Plan and Progess its
Implementation.
Recommendation: Receive staff report, open the public hearing, receive public comment, close
the public hearing and adopt the resolution as submitted.
9. PENINSULA CLEAN ENERGY PRESENTATION AND UPDATE.
Recommendation: Informational item only, no action to be taken.
10. ADVISEMENT OF PUBLIC NOTICES. (3 Reports)
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.
13. CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert
B. Deborah Lewis
C. Refugio Llamas
D. Brett Jones
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 : :11 bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 10th day of March 2022
Los Banos City Council Agenda - March 16, 2022 Page 5of5
Get email alerts for Los Banos
A daily email when new agendas and minutes are posted.