City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES APRIL 6, 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. CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:02 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 Souza Elms, Police Chief Brizzee, Fire Chief Hurley, Public Works Director/City Engineer Than. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by LLamas to approve the agenda as submitted. The motion carried by the following affirmative action of all Council Members present. 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, spoke regarding a previous email regarding the review you will be doing in closed session tonight, spoke regarding disturbing chatter directly and indirectly from employees, and hopes things are changed or altered before we lose more valuable and knowledgeable employees, added that she is glad to see that the meetings back in person but would like the council meetings to go back to the 7:00 pm start time, would also like to speak on the PBID item later on the; SANDRA BENETTI, Peninsula Clean Energy, gave an update on the status of enrollment and the upcoming workshops for solar customers and how the workshop videos will be posted on their YouTube Channel for viewing. 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 Lewis requested that item 6E – City Council Resolution No. 6478 – Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00 be pulled for discussion; Council Member Llamas requested that items 6F – City Council Resolution No. 6479 – Authorizing he City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69, 6G – City Council Resolution No. 6480 – Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny’s Inc. Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022; and 6H – City Council Resolution No. 6481 – Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness.be pulled for discussion. Community & Economic Development Director presented the staff report for item 7E – City Council Resolution No. 6478 – Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00. There was Council Member and staff discussion regarding an idea of what other City’s this organization has done work for, what exactly will this Downtown Master Plan include and how it will be the guiding document for how to improve things downtown. Public Works Director/City Engineer Than presented the staff report for item City Council Resolution No. 6479 – Authorizing he City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69. There was Council Member and staff discussion regarding the source of the funds for this expenditure and the grant funding committed to this project, how the City is still just in the study phase. Parks & Recreation Operations Manager Heim presented the staff report for item 6G – City Council Resolution No. 6480 – Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny’s Inc. Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022. There was Council Member and staff discussion regarding the oversight and enforcement of the contract, concerns with how future issues will be addressed, i.e. like the open trench line at College Greens Park. Police Chief Brizzee presented the staff report for item 6H – City Council Resolution No. 6481 – Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness. There was Council Member and staff discussion regarding how long will these funds last, what is our long term goal once these funds run out to help what happens when it runs out and plan to help those that have come to rely on these funds, relationship with the County, and how important it is for the City to actively work with other government agencies to them to help the homeless community. Motion by Lewis seconded by LLamas to approve the consent agenda as follows: Check Register for #231411 – #232012 in the Amount of $2,449,347.33; Minutes for the March 2, 2022 City Council Meeting; Minutes for the March 16, 2022 City Council Meeting; City Council Resolution No. 6477 – To Oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act; City Council Resolution No. 6478 – Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00; City Council Resolution No. 6480 – Authorizing he City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69; City Council Resolution No. 6481 – Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny’s Inc. Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022; City Council Resolution No. 6481 – Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness. The motion carried by the affirmative action of all Council Members present. LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL REPORT. Community & Economic Development Director Souza Elms presented the staff report and introduced Carson Lambert with CIVITAS representing the Los Banos Downtown PBID and who spoke in more detail to the Los Banos Downtown PBID Annual Report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding, pressure washing of the sidewalks at least once a month in segments, graffiti remove service and who monitors that, remember to include not just the property owners but also talk to the renters downtown and ask them what their input as it will help your organization be more successful, bringing the projects affecting the City to the City Council for discussion and approval, happy to see what the Downtown Association is doing, wanting to see an itemized budget along with the pie chart, and how the 2.5% increase is at the City’s discretion, and wanting to first receive the itemized budget as requested, and continue the 2.5% raise until that has been presented. Mayor Faria invited the public to come forward and speak. KATHY BALLARD, Los Banos, stated that she too would like to see an itemized list because she wanted to know exactly what the expenses were specifically. Motion by Lewis, seconded by LLamas to approve the PBID Annual Report as submitted with the addition to also provide an itemized budget before the 2.5 increase it brought back to City Council for approval. The motion carried by the affirmative action of all Council Members present. LOS BANOS GENERAL PLAN UPDATE SPHERE OF INFLUENCE. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Motion by Jones, seconded by Lambert to approve the Los Banos Sphere of Influence as adopted by LAFCO as it pertains to Pioneer Road. The motion carried by the affirmative action of all Council Members present. APPOINT COMMISSIONERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION – TWO (2) VACANCIES, ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2023; TREE COMMISSION – TWO (2) VACANCIES, TWO (2) UNEXPIRED TERMS – EXPIRING DECEMBER 31, 2023. Motion by Faria, seconded by Lewis to appoint Dennis Reed to the Airport Advisory Commission to fill an unexpired term expiring December 31, 2023. The motion carried by the affirmative action of all Council Members present. Motion by Faria, seconded by LLamas to appoint Trinidad Ramos and Gene Lieb to the Tree Commission Airport Advisory Commission to fill two (2) unexpired terms expiring December 31, 2023. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Elms reported that Public Hearings will be held by the Los Banos Planning Commission on April 13, 2022; to consider a Mitigated Negative Declaration (SCH #2021090191) in accordance with the California Environmental Quality Act (CEQA) and General Plan Amendment #2020-02 to amend the General Plan Land Use Designation from Industrial (I) to High Density Residential (HOR), Zone Change #2020- 02 to change the zone from General Commercial (C-1) to High Density Residential (R-3), and Site Plan Review #2020-06 to allow the development of two (2) multi-family structures totaling 18,136 square feet with 16 residential units and associated site improvements, located at 1133 F Street, more specifically identified as Assessor's Parcel Number 025- 152-005; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-02 to allow the operation of a mobile food vending vehicle on private property for Juan Carlos Gutierrez Alcaraz dba El Grullense Jal #8 J&A, located within the Highway Commercial Zoning District at 1955 E. Pacheco Boulevard, more specifically identified as Assessor's Parcel Number 083-140- 024; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Neighborhood Commercial Sign Standards for KD Medical Group, Inc., located in the Neighborhood Commercial Zoning District at 311 W. I Street, more specifically identified as Assessor's Parcel Number 027-072-016; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Public Facilities Sign Standards for Apex Annex Health Center, located in the Public Facilities Zoning District at 400 W. I Street, more specifically identified as Assessor's Parcel Number 027-043- 014. CITY MANAGER REPORT. City Manager Pinheiro spoke regarding the upcoming Autism Meet and Greet at the Fire Station on April 9, 2022, the City’s First Annual Great Los Banos Egg Hunt being held on April 9, 2022 at Oliveira Park, and for all to go over to the Los Banos Community Center and check out the Recreation Guide to learn about all the exciting things going on. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Mayor Faria spoke regarding MCAG and how they will be going on the OneVoice trip to Washington, D.C. next month to highlight what is important to Los Banos and Merced County, referenced the PCE update earlier in the meeting, and ho no Measure V update. CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Stated that she will be missing the Autism event because she will be at the Easter egg event that is being held in her district, and thanked the Fire Chief for putting on the Autism event. REFUGIO LLAMAS: Stated that he recently had a Community Outreach event and believes that it was well received, with good questions and concerns, thanked Fire Chief Hurley for giving the Fire Department presentation, Police Commander Reyna for speaking about the Police Department history, thanked City staff for helping out, and Kathy Ballard for providing ice cream; he requested that the flags at City Hall be replaced as they are pretty torn and tattered. BRETT JONES: No report KENNETH LAMBERT: Thanked all for the presentations tonight as they were very well put together, spoke regarding how the City’s RAD Card program is up and running and encouraged all to enroll and take advantage of the free money to help support local businesses. MAYOR TOM FARIA: Spoke regarding the meeting between the City and Caltrans to discuss DeAnza and Mercey Springs Road concerns, the upcoming Band Extravaganza being held on April 7, 2022 at Pacheco High School, the All County Honor Choir event on April 9, 2022 in Merced with Los Banos choirs participating, the City’s Easter Egg event, and thanked all for coming to the meeting tonight. CLOSED SESSION. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, PURSUANT TO GOVERNMENT CODE SECTION 54957(B). No reportable action. CLOSED SESSION. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE: CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action. ADJOURNMENT. Motion by Lewis, seconded by Lambert, the meeting was adjourned at 10:00 p.m. The motion carried by the affirmative action of all Council Members present. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk