City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JUNE 15, 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 Pro Tem Lambert 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; ABSENT: Mayor Manuel Thomas Faria III. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Souza Elms, Police Chief Brizzee, Police Commander/Acting Fire Chief Reyna, Public Works Director/City Engineer Than. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by LLamas to approve the agenda as submitted, allowing the Mayor to change the order of presentations. The motion carried by the affirmative action of all Council Members present, Faria absent. PRESENTATIONS: PROCLAMATION RECOGNIZING THE 75TH ANNIVERSARY OF SOCIETY FOR DISABILITIES; CERTIFICATE OF RECOGNITION – IVAN MENDEZ, POLICE SERGEANT, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR MAY 2022; CERTIFICATE OF RECOGNITION – GILBERT SANCHEZ, PUBLIC SAFETY CUSTODIAN, 2021 LOS BANOS POLICE DEPARTMENT SUPPORT STAFF EMPLOYEE OF THE YEAR; CERTIFICATE OF RECOGNITION – ELIZABETH MARTINEZ, PUBLIC SAFETY DISPATCHER, 2021 LOS BANOS POLICE DEPARTMENT PUBLIC SAFETY DISPATCHER OF THE YEAR. Mayor Pro Tem Lambert read and presented the Proclamation Recognizing the 75th Anniversary of Society for Disabilities for which Cathy Mendoza, Executive Director with Society for disABILITIES was present to accept and thanked the City Council for the recognition; he read and presented the Certificate of Recognition – Ivan Mendez, Police Sergeant, City of Los Banos Employee of the Month for May 2022, who was present to accept and thanked the City Council for the recognition; he read and presented the Gilbert Sanchez, Public Safety Custodian, 2021 Los Banos Police Department Support Staff Employee of the Year; he presented the Certificate of Recognition – Elizabeth Martinez, Public Safety Dispatcher, 2021 Los Banos Police Department Public Safety Dispatcher of the Year. 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 Pro Tem Lambert opened the public forum and asked those at the meeting if they would like to speak: MARIA SALINAS, Rancho Los Banos Mobile Home Park resident, stated that she is here again tonight to get compassion from you, she has been coming to Council Meetings since April to speak about the horrible homeless encampment situation by their mobile home park, this situation has been going on for 2 years, spoke regarding a helicopter incident with a homeless encampment person, thanked Council Member Lewis for addressing the matter, how she hasn’t heard the drummer boy for some time and it has been a blessing; SHANDRA LEWIS, Assistant Manager of Rancho Los Banos Mobile Home Park, made a plea to remove the homeless encampment near their mobile home park and hopes to be back on the agenda as an action item; NANCY CLINE, Riverbank, spoke regarding the Los Banos Animal Shelter and her background and history with animal shelters, how she has been coming to the animal shelter two times a week, spoke to the hundreds of animals she has saved, concerns with why dogs were being euthanized, the animal shelter hours and the need to have them open during the weekends, how the shelter is dilapidated and the inside is mess, she is proposing a Task Force be created to address the issues at the animal shelter, how she has met with Sergeant Mendez and Commander Reyna to provide numerous ideas for efficiency, she makes herself available to the City Council and supports Animal Control Officers Martin and Estrada and is committed to the animals in Los Banos; SUZANNE CARDOSO, Los Banos, spoke regarding the animal shelter and her past experience, her concerns with the animals in the shelter, how the animal shelter is way overdue and feels that $1 million allocated towards the animal shelter needs to be more, major changes need to be made, and spoke regarding how she has started a petition that has over 800 signatures. Mayor Pro Tem Lambert inquired if any written comments had been received and City Clerk Mallonee stated that she received the following comment by email: SANDRA BENETTI, Peninsula Clean Energy, giving an update on the E-Bikes for Everyone Program and how successful it was and writing regarding the services Peninsula Clean Energy provides. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Jones, seconded by Lewis to approve the consent agenda as follows: Check Register for #232902 - #233326 in the Amount of $901,199.05; Minutes for the June 1, 2022 City Council Meeting; City Council Resolution No. 6512 – 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. 6513 – Authorizing the City Manager to Charge Flat Rate for Late Penalties for Delinquent Water, Wastewater, and Solid Waste Services through December 31, 2022; City Council Resolution No. 6514 – Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 8 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.); City Council Resolution No. 6515 – Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 9 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.); City Council Resolution No. 6516 – Amending the Fiscal Year 2021-2022 Budget as it Pertains to Increasing Expenditures in the Fleet Fund for Gasoline and Oil in the Amount of $25,000; City Council Resolution No. 6517 – Amending the Fiscal Year 2021-2022 Budget and Approving the Increase in Expenditures of the American Rescue Plan Act (ARPA) Funding in the Amount of $14,000 to Support the Purchase and Installation of a Fire Station Radio Tone Splitting System. The motion carried by the affirmative action of all Council Members present, Faria absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE 2022-2023 FISCAL YEAR (FY); CITY COUNCIL RESOLUTION NO. 6518 – SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR THE 2022-2023 FY. Finance Director Williams presented the staff report. Mayor Pro Tem Lambert opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Jones, seconded by LLamas, to adopt City Council Resolution No. 6518 – Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2022-2023 FY. The motion carried by the affirmative action of all Council Members present, Faria absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2022-2023 FISCAL YEAR (FY) BUDGET; CITY COUNCIL RESOLUTION NO. 6519 – ADOPTING THE 2022-2023 FY BUDGET, INCLUDING EMPLOYEE SALARY SCHEDULE (DIVISION 4) OF THE LOS BANOS POLICY & PROCEDURES MANUAL AND THE CAPITAL IMPROVEMENT PLAN SUMMARY. Finance Director Williams presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding trimming and how it will coincide with Ronnys Landscaping Agreement and how staff is working on an extended contract with Ronnys Landscaping, and updating a new Landscaping Contract to fit our new standards and needs. Mayor Pro Tem Lambert opened the public hearing. ANN McCAULEY, Los Banos, inquired as to what the $1 million will do for the animal shelter and how much a new one would cost; Public Works Director/City Engineer Than stated that $1 million will replace the office building and will have an engineering firm analyze the needs and what the remaining funding can do; NANCY KLEIN, Riverbank, spoke regarding animal shelter funding, mandated chips, vaccine, vehicles, animal shelter upgrade and bid documents, what upgrades are being done with the budgeted funds and the extra $1 million, what’s the time line and will there be a public hearing for the project; Finance Director Williams explained the budget numbers and planned expenditures; Public Works Director/City Engineer Than stated that the City has not yet selected a firm and a formal request for proposal needs to go out to get a firm board and also spoke to the proposed timeline of improvements. No one else came forward to speak and the public hearing was closed. Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6519 – Adopting the 2022-2023 FY Budget, Including Employee Salary Schedule (Division 4) of the Los Banos Policy & Procedures Manual and the Capital Improvement Plan Summary. The motion carried by the affirmative action of all Council Members present, Faria absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A GENERAL PLAN AMENDMENT 2020-02, ZONE CHANGE #2020-02, AND MITIGATED NEGATIVE DECLARATION (SCH #2021090191) FOR THE DEVELOPMENT OF TWO (2) MULTI-FAMILY STRUCTURES TOTALING 18,136 SQUARE FEET WITH SIXTEEN (16) RESIDENTIAL UNITS LOCATED AT 1133 F STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 025-152-005 (STONEFIELD HOME, INC.); CITY COUNCIL RESOLUTION NO. 6520 – APPROVING MITIGATED NEGATIVE DECLARATION (SCH#2021090191) AND MITIGATION MONITORING/REPORTING PLAN FOR F STREET MULTI-FAMILY PROJECT LOCATED AT 1133 F STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 025-152-005; CITY COUNCIL RESOLUTION NO. 6521 – APPROVING GENERAL PLAN AMENDMENT #2020-02 TO REDESIGNATE APPROXIMATELY 0.9 ACRES LOCATED AT 1133 F STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 025-152-005 FROM INDUSTRIAL TO HIGH DENSITY RESIDENTIAL; ORDINANCE NO. 1198 – AMENDING THE OFFICIAL ZONING MAP BY REZONING PROPERTY LOCATED AT 1133 F STREET ON ASSESSOR’S PARCEL NUMBER 025-152-005 FROM GENERAL COMMERCIAL (C-1) TO HIGH DENSITY RESIDENTIAL (R-3) (FIRST READING & INTRODUCTION). Community & Economic Development Director presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the access points and improvements, traffic concerns, discussion with CalTrans, no concerns from public safety with this new development, and the security surveillance requirements with the project, if there be restriction on the number of people living in each the home and how the City is prohibited from providing that type of restriction, the project has adequate parking, parking lanes which will mitigate overflow parking on the street, if the developer plans to keep and manager this project, if this project will this come back to the City Council for final approval and how this approval was under the Planning Commission purview based on the City’s zoning code. Mayor Pro Tem Lambert opened the public hearing. ANN McCAULEY, Los Banos, inquired as to the size of each structure and if the size will vary; RICK MUMERT, Benchmark Engineering, thanked Community & Economic Development Director Elms for making the presentation, appreciates staff help and Council Members comments, spoke regarding the color rendering presented to Planning Commission being very detailed, landscaping was enhanced and elevated, noting that this is a vacant area and with the project and the new Police Department Facility this will help redevelop this area, restriction of number of residents is unlawful, 50% of the units are 1 bedroom and 50% are 2 bedrooms, there is guest parking and street parking, is not sure yet if the developer will manage the property, and assigned tenant parking. No one else came forward to speak and the public hearing was closed. Motion by Jones, seconded by LLamas, a motion of intent to adopt City Council Resolution No. 6520 – Approving Mitigated Negative Declaration (SCH#2021090191) and Mitigation Monitoring/Reporting Plan for F Street Multi-Family Project Located at 1133 F Street, More Specifically Identified as Assessor’s Parcel Number 025-152-005. The motion carried by the affirmative action of all Council Members present, Faria absent. Motion by Jones, seconded by LLamas, a motion of intent to adopt City Council Resolution No. 6521 – Approving General Plan Amendment #2020-02 to Redesignate Approximately 0.9 Acres Located at 1133 F Street, More Specifically Identified as Assessor’s Parcel Number 025-152-005 from Industrial to High Density Residential. The motion carried by the affirmative action of all Council Members present, Faria absent. Motion by Jones, seconded by LLamas to waive the first reading of Ordinance No. 1198 – Amending the Official Zoning Map by Rezoning Property Located at 1133 F Street on Assessor’s Parcel Number 025-152-005 From General Commercial (C-1) to High Density Residential (R-3). The motion carried by the affirmative action of all Council Members present, Faria absent. Motion by Jones, seconded by LLamas to introduce Ordinance No. 1198 – Amending the Official Zoning Map by Rezoning Property Located at 1133 F Street on Assessor’s Parcel Number 025-152-005 From General Commercial (C-1) to High Density Residential (R-3). The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas; NOES: None; ABSENT: Faria. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6522 – DECLARING THE EXISTENCE OF LEVEL 2 WATER SUPPLY SHORTAGE CONDITIONS. Public Works Director/City Engineer presented the staff report, which included a PowerPoint presentation. Motion by Jones, seconded by LLamas to adopt City Council Resolution No. 6522 – Declaring the Existence of Level 2 Water Supply Shortage Conditions. The motion carried by the affirmative action of all Council Members present, Faria absent. COUNCIL MEMBER REQUEST – DISCUSSION REGARDING HOMELESS ENCAMPMENT (COUNCIL MEMBER LEWIS). Police Chief Brizzee presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the representation of the homeless encampment today, now they are throwing things over to the adjacent mobile home park, major concern being that the engagement was not at the initial placement of this fence, how this happened without anyone knowing, how they felt unimportant, homelessness does not mean that you are not responsible for yourself or follow the rules and regulations, how these folks seem to have some type of unity against the rules, provide more citations and hold more people accountable who violating penal codes, health and safety codes and other Los Banos Municipal Codes, the Bigsby Law and how that applies here, how not treating mentally ill people will leave society as a whole to have to endure the illness they suffer without treatment, need to figure out something to resolve these concerns, Project Room Key has been helpful for those that are not mentally ill, cost of living in California will make it hard for anyone to find a home, thoughts of moving the encampment southeast but there would be complaints for that too, the City has property by the water tower to move it there and have the Los Banos Unified School District bus barn moved closed to the apartments, maybe move the encampment further away down Place Road, how they want people who need to have their rest and peace have it, not sure that any of us would want this in our back yard, not a good idea to put it by the rail trail because of the kids, how we are asking staff to have a magic ball, by just moving it will put us in the same situation, the best solution would be to provide more officers out there, besides that we are just guessing, how this is a problem that is not going away, how staff is trying to come up with solutions and ideas to deal with this issue, and encouraged residents to call the Police Department when they have issues or concerns, how this is not an overnight solution. Police Chief Brizzee gave special recognition to Police Sergeant Ivan Mendez who was just recognized as Employee of the Month and who works hard on these homeless issues every day. Informational item only, no action taken. 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. No report, Mayor Faria absent. CITY COUNCIL MEMBER REPORTS. REFUGIO LLAMAS: Spoke regarding receiving an update on the Traffic Safety Speed Cushion Policy and how he has some residents concerned with traffic in their area; would also like to have a presentation regarding the understanding of the City’s preparedness level if there were a mass casualty situation; concerned that we are newly into fire season and we still do not have a Fire Chief or Assistant Fire Chief and we now have a Police Commander down, senior level staff are leaving, there seems to be an exodus and vacuum of key personnel, this all affects morale and safety of our residents, wants to know why it has taken so long to fill these positions; Public Safety is our number 1 concern; and the homeless situation we are dealing with is a shame it has come to this. BRETT JONES: Stated that we want staff to do a lot of projects and work, we pepper them with lots of projects, he would ask Council to step back and let staff work and not get in the trenches, we need to stop back seat driving. KENNETH LAMBERT: No report DEBORAH LEWIS: No report MAYOR TOM FARIA: Absent City Attorney Vaughn made note that Mayor Faria is not here in person tonight, but he will be attending closed session telephonically under the criteria of AB 361. CLOSED SESSION – PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, PURSUANT TO GOVERNMENT CODE SECTION 54957(B). Mayor Pro Tem Lambert stated that by a vote of 3-2 the City Council has taken action to terminate City Manager Josh Pinheiro’s at will employment with the City without cause pursuant to his employment agreement with the City by the following vote: AYES: Faria, Lewis, LLamas, Faria; NOES: Jones, Lambert. ADJOURNMENT. The meeting was adjourned at 9:51 p.m. APPROVED: /s/ Manuel Thomas Faria III____ Manuel Thomas Faria III, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk