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City Council Meeting

Regular Meeting

Los Banos, CA · September 21, 2022

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Minutes

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 21, 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: None. STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Acting Fire Chief/Police Commander Reyna, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Jones to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS; PROCLAMATION – RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS ADMINISTRATIVE COORDINATOR MARY LOU GILARDI; PROCLAMATION – RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FIRE CAPTAIN ROGER HUGHES; PROCLAMATION – RECOGNIZING SEPTEMBER 16TH AS NATIONAL STEPFAMILY DAY; CERTIFICATE OF RECOGNITION – JOSIAH MARDIROSIAN, POLICE OFFICER, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR AUGUST 2022; CERTIFICATE OF RECOGNITION – CITY OF LOS BANOS FINANCE DEPARTMENT STAFF IN RECOGNITION OF RECEIVING THE GOVERNMENT FINANCE OFFICERS ASSOCIATION’S CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR 2020-2021; CERTIFICATE OF APPRECIATION – DUTCH BROS LOS BANOS FOR THE SUPPORT THEY HAVE SHOWN BY PARTICIPATING IN A FUNDRAISING DAY FOR YOUTH RECREATION SPORTS PROGRAMS IN THE CITY OF LOS BANOS. Mayor Pro Tem Lambert presented and read the proclamation and certificates; Mary Lou Gilardi, Finance Department – Brent Kuhn, Kim Tomas, Rosemarie Souto and Dutch Bros were present at the Council Meeting to accept the 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 Pro Tem Lambert opened the public forum and asked those at the meeting if they would like to speak. an UNNAMED PERSON stated that she lives in the mobile home park and they have addressed the Council many times about our issues and you have ignored us, concerns with the fires they are burning and how the smoke puts her in the hospital and read a poem that she had penned about how she feels and how they are being treated, she wants the City Council to know how low she feels they have gone, you need to listen and know what they are going through, all the trash, burning wood, burning an RV, how nothing is being done to the homeless and they are not being held accountable; JOHNNY MARTINEZ, Martinez Trucking in Los Banos, spoke regarding how his mom was sick and he called the Police Department and the issues he is having with them, he is a truck driver and just recently he received a letter form Code Enforcement to clean up their business and move their RV, he feels that he is being retaliated against because he came and spoke at a meeting about how his shop had been broken in to, feels the Police follow him wherever he goes, just wants to be left alone, wants the Police to stop bothering him and his family, and how he is moving out of town next week; RABI AMANONSHOR stated that he is running for the State Senate seat District 14 for which Los Banos is part of, he spoke regarding his personal history and how what he is seeing here in the valley the last few years is not the valley that it used to and how much better it could be, spoke regarding how he is upset with what the farmers are having to go through, water issues, how he is a man of integrity and a man of his word, and gave a special prayer and blew a special horn; ANN McCAULEY, Los Banos, spoke regarding Peninsula Clean Energy and how they invest in wacko environmental groups and how she does not support them and the service they provide, they cater to groups you wouldn’t like, she encourages all to opt out, years ago developers had to set aside raw land for the City to establish and develop a park but now it’s up to the developer and now we have empty park land, we have too much park land to maintain, too many dilapidated parks around town, maybe have developers help us improve them, she was stunned that Community & Economic Development Director Elms stated that the rail trail plan was too grandiose and how she was on the committee and how a lot of work and expertise was involved in putting that study together and why are we wanting to change it now and how she feels that we should stick with what we have in place. Mayor Pro Tem Lambert asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated that she received the following comments that are on file with the City Clerk: CHANDRA LEWIS, wrote regarding her concerns with the homeless encampment issues behind Rancho Los Banos Mobile Home Park and all that she is experiencing and writing to Councilman Jones for answers and an explanation, she thanked the Police Department for the extra patrol and how they are desperately seeking help; KATHY BALLARD wrote that she is hearing that they want Paul to be in the mayor seat prior to an election and then immediately rehiring Josh and all that is being said and how she feels regarding this and if this happens she hopes we survive the next 2-3 years and the community won’t say OMG what did we do. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that items 7G - City Council Resolution No. 6544 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage, 7K - City Council Resolution No. 6548 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206-410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark, 7L - City Council Resolution No. 6549 – Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973, 7M - City Council Resolution No. 6550 – Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline, 7Q - City Council Resolution No. 6554 – Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. be removed for separate presentation and questions. Item 7G City Council Resolution No. 6544 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage. Council Member Lewis inquired as to time period of consumption concerns, what happened, why there was no water consumption, there’s about a year and half that went by and nobody checked anything, is there a process in place to go out and check meters like this, and if the problem at this site been rectified for which Public Works Director/City Engineer Than explained what happened and what staff is doing to address the problem, noting that there have been supply issues with ordering and receiving water meters and how staff is doing spot checks and audit check for meters that have continuous issues. Item 7K - City Council Resolution No. 6548 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206- 410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark. Council Member Lewis stated that there were funds that were allocated in the prior fiscal year and approved in May, what happened and why were they not purchased until this year for which Public Works Director/City Engineer Thank explained that the order was placed on time but there was a shipping delay, noting that there are no additional funds allocated for this project just a carryover project from last fiscal year. Item 7L- City Council Resolution No. 6549 – Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973. Council Member Lewis stated that the Council approved $55,000 in June but the lowest bid came in at $119,973, inquired as to when the RFP went out, not sure why our own Public Works staff can’t take out the old sign and why we would pay $17,000 to remove it, and how we are asking for an easement for a sign for our entrance to the downtown area, and she is really concerned that we are paying double, how she is struggling with the fact that the sign is not that big, it was just approved in May/June and how expensive the whole process is and this is a big overrun, inquired as to the charges that for the community to use space on the board, are those reevaluated for cost of living increases for which Community & Economic Development Director Souza Elms stated that they got an estimate for budget and based on the RFP scope of the work this is the lowest proposal received, spoke to the improvements, internet and electricity connection causing the increase in price, the RFP went on July 1, 2022 and was out for 3-4 weeks and went out to sign companies and construction companies in that industry, how it is not just the removal of the sign but it is the installation of the new display and having a company remove the sign is much more efficient than having Public Works staff do it. Interim City Manager Wellman spoke regarding the bid process and how you can accept or reject all bids at any time for any reason, our job is to provide accurate and timely information, how our Public Works staff does not have the staffing or skills to do this and inquired as to the cost for Public Works to remove it for which Public Works Director/City Engineer Than explained the process and costs, how they do not have employees who can operate the cranes and estimated that the 4 main crew with 2 pieces of equipment cost to be $4,000. Council Member LLamas shared the same concerns as Council Member Lewis but with all things considered he can understand the increase in price due to inflation, cost of fuel and such, economic downturn which will reduce our ability to do things like this because it will be more expensive. Council Member Jones stated that there is a long term cost of return on investment with the advertisement costs, how there is usually a certain amount of work that goes into a fee review and usually happens every 5 years and because of inflation Council can direct staff to look at fees for which Community & Economic Development Director Souza Elms confirmed after a long period of time. Mayor Pro Tem Lambert inquired as to how many ads do we cycle through the day for which Community & Economic Development Director Souza Elms explained that there are 10 advertisements at a time on the sign that rotate throughout the day and generates $7,000-$8,500 annually. Interim City Manager Wellman spoke regarding the budget process, the State legislative process, and how it is not something you can ever rest on, you’ve got to be on top of this stuff 24/7. Item 7M - City Council Resolution No. 6550 – Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline. Council Member Lewis just wanted to give staff a good shout out for coming under budget on the project. Item 7Q - City Council Resolution No. 6554 – Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. Council Member Lewis wanted to reiterate and make sure that the City is getting a more detailed contract, the ones we have had in the past do not give the detail on how the landscaping will be maintained, hope the actions are better descried with the new contract, who is responsible for irrigation problems and replacement, would like to see a chain of reporting for which Interim Finance Director Kuhn stated that staff is looking to put together a workshop within the next month or so on this because it impacts not just the City but individual districts, want to insure that the City gets the level of service is needs and the costs are affordable for all districts. Interim City Manager Wellman spoke regarding his prior experience with things like this and how using the correct way to trim a tree and what happens if you do it wrong. Motion by Lewis, seconded by Jones to approve the consent agenda as follows, with the removal of item 7L for a separate vote: Check Register for #234510 - #235084 in the Amount of $2,616,647.18; Minutes for the August 17, 2022 Special City Council Meeting; Minutes for the August 17, 2022 City Council Meeting; Minutes for the August 25, 2022 Special City Council Meeting; Fourth Quarter Investment Report for the 2021/2022 Fiscal Year; City Council Resolution No. 6543 – 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. 6544 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage; City Council Resolution No. 6545 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Community Center Fee Fund 244-410-100-753 for Expenditures in the Amount of $11,000 for the Purchase of a Compressor for the Grand Room Air Conditioning Unit in the Community Center; City Council Resolution No. 6546 – Authorizing the Award of the Construction Contract to McElvany Inc. in the Amount of $585,731.27 with a 10% Contingency in the Amount of $58,573 for the Construction of the Community Center Parking Lot Improvements Project; City Council Resolution No. 6547 – Amending the Fiscal Year 2022/2023 Budget as it Pertains to Expenditures in the Park Maintenance Technical Services Account in the Amount of $8,950; City Council Resolution No. 6548 – Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206-410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark; City Council Resolution No. 6549 – Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973; City Council Resolution No. 6550 – Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline; City Council Resolution No. 6551 – Accepting the Grant of Easement and Agreement from O’Reilly Auto Enterprises LLC for the Placement of a Gateway Sign to the Downtown of the City of Los Banos, Along Sixth Street, APN 026-044-052; City Council Resolution No. 6552 – Authorizing the Interim City Manager to Sign a Memorandum of Understanding with the Merced County Sheriff’s Department for Inmate Transportation Services; City Council Resolution No. 6553 – Approving the Acceptance of a $43,600 Grant (TR23010) Form the California Office of Traffic Safety (OTS) and Amending the 2022/2023 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures in the Amount of $43,600; City Council Resolution No. 6554 – Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. The motion carried by the affirmative action of all Council Members present. Motion by Lewis to not adopt City Council Resolution No. 6549 – Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973 died to a lack of second to the motion. Motion by Jones, seconded by LLamas to approve City Council Resolution No. 6549 – Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973. The motion carried by the affirmative action of all Council Members present, Lewis voting No. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT #2022-08 AND A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, EXISTING FACILITIES, TO ALLOW THE USE OF A TYPE 47 ALCOHOL LICENSE FOR THE ON-SALE OF GENERAL ALCOHOL FOR JUNGLE JIM’S ADVENTURE LANES, LOCATED AT 923 W. PACHECO BOULEVARD, APN 431-020-002; CITY COUNCIL RESOLUTION NO. 6555 – FINDING THE PROPOSED PROJECT TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301, EXISTING FACILITIES AND APPROVING CONDITIONAL USE PERMIT #2022-08 TO ALLOW FOR THE ON-SALE OF GENERAL ALCOHOL UNDER A TYPE 47 ALCOHOL LICENSE AT 923 W. PACHECO BOULEVARD; MORE SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBER: 431-020-002. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. 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. 6555 – Finding the Proposed Project to be Categorically Exempt From the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-08 to Allow for the On-Sale of General Alcohol Under a Type 47 Alcohol License at 923 W. Pacheco Boulevard; More Specifically Identified as Assessor’s Parcel Number: 431-020-002. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6556 – REJECTING ALL BIDS FOR THE CONSTRUCTION OF THE FINAL COVER SYSTEM FOR THE OLD LOS BANOS LANDFILL. 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. 6556 – Rejecting All Bids for the Construction of the Final Cover System for the Old Los Banos Landfill. The motion carried by the affirmative action of all Council Members present. REVIEW OF THE CITY OF LOS BANOS INVESTMENT POLICY. Interim Finance Director Kuhn presented the staff report. There was Council Member and staff discussion regarding how much is programmed for pension, how this does not include pension, but we are addressing the unfunded liability and ways to save additional funds for that, what the percentage growth in checking and savings were which were about a 3% growth, concerns in a down market, how we have to balance our budget, how the State also has to adopt their own budget, Other Post Employment Benefit (OPEB) concerns, full funded rate on our retirement system, the yield explosion, and how will the new Investment Policy change the way the City invests. Motion by LLamas, seconded by Lewis to approve the Investment Policy as submitted. The motion carried by the affirmative action of all Council Members present. REVIEW OF THE AMENDED ANNUAL REPORT OF THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Interim Finance Director Kuhn and Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding hoping to see a little more detail like expenditures and salaries, how what is given to us is a prospective budget and clarifying that this budget presented is from monies that have been allocated based on what is collected from property owners. Motion by LLamas, seconded by Jones to approve the amended Annual Report of the Los Banos Downtown Property and Business Improvement District (LBDPBID) as submitted. The motion carried by the affirmative action of all Council Members present. COUNCIL MEMBER REQUEST – CONTINUED DISCUSSION REGARDING THE CONTINUED OPERATION/CLOSURE OF THE RAIL-TRAIL ENCAMPMENT (COUNCIL MEMBER JONES). Police Chief Brizzee presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding if the extra employee would be a Code Enforcement person, how it would be someone with boots on the ground to manage grants and ideas and be our person to go to solving our homeless issues, how remove the encampment might result in the homeless staying at the same location, if there are homeless people up against the fence now, it seems like we need a lot more personnel dedicated to this and the only way to help mitigate and improve it is by having more personnel, code enforcement and more police officers, not all homeless are the same and they don’t all like each other, maybe have an encampment near the Police Station so they can be monitored, it’s an uphill battle. this is an issue throughout the State and throughout the country, land use covenant laws and how homeless encampments are considered residential, issues and concerns with contaminated land, increasing manpower, hire/create a position that is not code enforcement not police but more like a liaison with other agencies to problem-solve and research funding for this issue, how this discussion demonstrates that we are trying and we do care and we need to keep discussing it, how we have an immediate problem with the current situation and complaints that need to be addressed, moving them from one problem area to another problem area and a new set of people coming to complain, looking into the option of private property partnership that doesn’t affect residential area, looking into using the Migrant Housing when it is not being used, there are some people that will not go into Project Room Key, how the City is getting no help from the State and they are refusing to hospitalize the homeless that need to be treated, we need to find someplace for them to be, quickly to relocate the homeless encampment so that those Mobile Home Park residents don’t continue to live in this situation, finding something in an area that they are not going to affect people, needing to add incentives and pay for officers to get them here, how we need to continue to look for solutions, is there a way to use special wire to keep them off of the fence, coming back to Council with an update and some ideas in a couple months, the City is in the process of applying for the grant funding but need to meet certain criteria, the cost of Project Room Key a month, acquiring a hotel to turn into a Project Room Key on a permanent basis being a future solution, it’s a hard problem to solve and need to engage a County resource to help us, partnership on some land, we need to keep moving forward to find a solution, and how we are not ignoring the mobile home park residents and are doing what we can for them. ADVISEMENT OF PUBLIC NOTICES. (One Report) Community & Economic Development Director Souza Elms reported that there will be a Public Hearing at the Planning Commission on September 28, 2022 to consider the adequacy of the response to comments to the Draft EIR previously prepared and circulated, they will consider all public testimony and decide whether to recommend to the City Council the certification of the Final EIR, adoption of the mitigation monitoring and statement of overriding considerations, adoption of the General Plan 2042 and adopting the the Annexation Ordinance. CITY MANAGER REPORT. Interim City Manager Wellman reported that we have heard that cash wise we are in a very good position and huge amounts of cash that the City has, we also ought to be looking at what is ahead of us, recently met with engineering firms to get information regarding wastewater, fresh water and storm water and how many years this wastewater treatment plant can sustain our growth and how much capacity we have, we have naturally occurring chromium 6 that could take up to $30-90 million to treat it, he’s meeting with CCID, Grasslands, San Andreas Water to discuss this, how the Municipal Finance Officers award is really significant to get it 8 years in a row, there are some issues on the horizon related to personnel, recruitment of a new city manager, finance director, fire chief and it is going to be interesting to see how many folks we can attract, we are behind in our traditional salary survey base and we are going to have to address that, we have received communication from unions to give more salary, we have got to be able to recruit and retain qualified employees to be able to grow, he’s been in a lot of jurisdictions, and we need to be relentless in our efforts. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No report CITY COUNCIL MEMBER REPORTS. BRETT JONES: Requested that an item be placed on October 5, 2022 meeting for discussion, nomination and a vote to appoint a mayor at that time. DEBORAH LEWIS: Thanked the City of Los Banos for allowing me to go to the League of California Cities Conference, she always learns that we are not alone in our problems and others are frustrated with the State of California, would like to make a request on how bids are placed on the agenda and be more uniform and more detailed, would like to make a request that staff revisit our fee structure for the rental of our electronic boards based on inflation and cost of doing business, how don’t have specialized training for our staff to remove the sign and was wondering if it is time to move forward and have more specialized training to accomplish some of the things we are farming out or is it cheaper to have done outside, concerns with housing mandate, shortage of water in the valley here and how we are going to accommodate building new houses, the chrom 6 problems that have to be resolved and are all, very costly, and she is a believer of being proactive instead of reactive. REFUGIO LLAMAS: Congratulated the Finance Department on their award and accomplishment thanking Kim Tomas, Rosemarie Souto, Jennifer Canchola and Brent Kuhn, spoke regarding the US code regarding flags and respecting the flag, he suggests instead of using flags use bunting and then read flag protocols, concerns with rapid uncontrolled growth in housing and the effects it has on the services provided to the citizens, citizens’ concerns with speeding on streets in town, would like to announce the next Traffic Safety Meeting being held on October 4, 2022 at 2:00 p.m., thanked Mr. Wellman for his excellence in leadership and very thankful for his performance, and how he feels that if one Council Member knows it they should all know it. KENNETH LAMBERT: Thanked department heads for doing a wonderful job, thanked the Finance Department, would like to look at getting the flags replaced quarterly, thanked the Police Chief for the homeless presentation. Interim City Manager Wellman stated that there are a number of projects that appear to be priorities, may I respectfully suggest that we schedule so I can get your formal guidance on what we should be working on and will have something on the future agenda to get further guidance and direction. ADJOURNMENT. The meeting at 9:35 p.m. APPROVED: /s/ Kenneth Lambert_________ Kenneth Lambert, Mayor Pro Tem ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk

Agenda

LOsBanos 1 rosc;roat-.. ~J • .1lif< www.losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California SEPTEMBER 21, 2022 - 6:00 PM Live stream on YouTube at: https://www. youtube.com/channel/UC3sy5 sIYr344 7mZsrq I5Tg (=:, , , , , ,!, ,: If you City require special Clerk's assistance Office@ (209) to attend or 827-7000 atparticipate in this least 48 hours meeting, prior to the please call the meeting. \ The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * * . Si requiere asistencia especial para a tender 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. ·......................................................................................................................................................................................................................... , .................................................................· 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.tosbanos.org. * * * * * * * ** * * * * * * * Cualquier escritura o /os 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 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 - September 21, 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 Los Banos City Council Agenda - September 21, 2022 Page 1 of5 5. PRESENTATIONS. A. Proclamation - Recognizing the Retirement of City of Los Banos Administrative Coordinator Mary Lou Gilardi. B. Proclamation - Recognizing the Retirement of City of Los Banos Fire Captain Roger Hughes. C. Proclamation - Recognizing September 16th as National Stepfamily Day. D. Certificate of Recognition - Josiah Mardirosian, Police Officer, City of Los Banos Employee of the Month for August 2022. E. Certificate of Recognition - City of Los Banos Finance Department Staff in Recognition of Receiving the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2020-2021. F. Certificate of Appreciation - Dutch Bros Los Banos for the Support They Have Shown by Participating in a Fundraising Day for Youth Recreation Sports Programs in the City of Los Banos. 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 are posted on the Council Chamber informational table.) 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 #234510 - #235084 in the Amount of $2,616,647.18. Recommendation: Approve the check register as submitted. B. Minutes for the August 17, 2022 Special City Council Meeting. Recommendation: Approve the minutes as submitted. C. Minutes for the August 17, 2022 City Council Meeting. Recommendation: Approve the minutes as submitted. D. Minutes for the August 25, 2022 Special City Council Meeting. Recommendation: Approve the minutes as submitted. E. Fourth Quarter Investment Report for the 2021/2022 Fiscal Year Recommendation: Accept the report as submitted. Los Banos City Council Agenda - September 21, 2022 Page 2of5 F. City Council Resolution No. 6543 - 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. G. City Council Resolution No. 6544 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage. Recommendation: Adopt the resolution as submitted. H. City Council Resolution No. 6545 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Community Center Fee Fund 244- 410-100-753 for Expenditures in the Amount of $11,000 for the Purchase of a Compressor for the Grand Room Air Conditioning Unit in the Community Center. Recommendation: Adopt the resolution as submitted. I. City Council Resolution No. 6546 - Authorizing the Award of the Construction Contract to McElvany Inc. in the Amount of $585,731.27 with a 10% Contingency in the Amount of $58,573 for the Construction of the Community Center Parking Lot Improvements Project. Recommendation: Adopt the resolution as submitted. J. City Council Resolution No. 6547 - Amending the Fiscal Year 2022/2023 Budget as it Pertains to Expenditures in the Park Maintenance Technical Services Account in the Amount of $8,950. Recommendation: Adopt the resolution as submitted. K. City Council Resolution No. 6548 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206-410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark. Recommendation: Adopt the resolution as submitted. L. City Council Resolution No. 6549 - Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973. Recommendation: Adopt the resolution as submitted. M. City Council Resolution No. 6550 - Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline. Recommendation: Adopt the resolution as submitted. Los Banos City Council Agenda - September 21, 2022 Page 3of 5 N. City Council Resolution No. 6551 - Accepting the Grant of Easement and Agreement from O'Reilly Auto Enterprises LLC for the Placement of a Gateway Sign to the Downtown of the City of Los Banos, Along Sixth Street, APN 026-044-052. Recommendation: Adopt the resolution as submitted. 0. City Council Resolution No. 6552 - Authorizing the Interim City Manager to Sign a Memorandum of Understanding with the Merced County Sheriff's Department for Inmate Transportation Services. Recommendation: Adopt the resolution as submitted. P. City Council Resolution No. 6553 - Approving the Acceptance of a $43,600 Grant (TR23010) Form the California Office of Traffic Safety (OTS) and Amending the 2022/2023 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures in the Amount of $43,600. Recommendation: Adopt the resolution as submitted. Q. City Council Resolution No. 6554 - Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. 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 a Conditional Use Permit #2022-08 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 47 Alcohol License for the On- Sale of General Alcohol for Jungle Jim's Adventure Lanes, Located at 923 W. Pacheco Boulevard, APN 431-020-002. 1) City Council Resolution No. 6555 - Finding the Proposed Project to be Categorically Exempt From the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-08 to Allow for the On-Sale of General Alcohol Under a Type 47 Alcohol License at 923 W. Pacheco Boulevard; More Specifically Identified as Assessor's Parcel Number: 431-020-002. Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted. 9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6556 - REJECTING ALL BIDS FOR THE CONSTRUCTION OF THE FINAL COVER SYSTEM FOR THE OLD LOS BANOS LANDFILL. Recommendation: Receive the staff report and adopt the resolution as submitted. Los Banos City Council Agenda - September 21, 2022 Page 4of5 10. REVIEW OF THE CITY OF LOS BANOS INVESTMENT POLICY. Recommendation: Receive staff report and approve the policy as submitted. 11. REVIEW OF THE AMENDED ANNUAL REPORT OF THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Recommendation: Receive staff report and approve the amended Annual Report as submitted. 12. COUNCIL MEMBER REQUEST - Continued Discussion Regarding the Continued Operation/Closure of the Rail-Trail Encampment (Council Member Jones). Recommendation: Receive staff report and direction on how to proceed. 13. ADVISEMENT OF PUBLIC NOTICES. (One Report) Recommendation: Informational item only, no action to be taken. 14. CITY MANAGER REPORT. Recommendation: Informational item only, no action to be taken. 15. 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. 16. CITY COUNCIL MEMBER REPORTS. A. Brett Jones B. Kenneth Lambert C. Deborah Lewis D. Refugio Llamas E. Mayor Tom Faria 17. ADJOURNMENT. ty of perjury under the laws of the State of California that the foregoing ity Hall bulletin board not less than 72 hours prior to the meeting. Sara Blevins, Deputy City Clerk Dated this 16th day of September 2022 Los Banos City Council Agenda - September 21, 2022 Page 5of5

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