City Council Meeting
Regular MeetingLos Banos, CA · October 5, 2022
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
OCTOBER 5, 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 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Melden 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: Interim City Manager Wellman, City Attorney Vaughn,
Police Commander Melden, 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 Jones, seconded by
LLamas to approve the agenda as submitted. The motion carried by the affirmative action
of all Council Members present.
PRESENTATIONS – CITY COUNCIL RESOLUTION NO. 6557 – A RESOLUTION OF
COMMENDATION TO MANUEL THOMAS FARIA III; PROCLAMATION –
RECOGNIZING OCTOBER 2022 AS BREAST CANCER AWARENESS MONTH.
Mayor Pro Tem Lambert presented and read the proclamation recognizing October 2022
as Breast Cancer Awareness Month and presented it to the members of the Los Banos
Fire Fighters Association ad Los Banos Police Dispatcher/Community Services Officers
Association who were present at the Council Meeting to accept the recognition.
Mayor Pro Tem Lambert read City Council Resolution No. 6557 – A Resolution of
Commendation to Manuel Thomas Faria III. Motion by Lewis, seconded by LLamas, to
adopt City Council Resolution No. 6557 – A Resolution of Commendation to Manuel
Thomas Faria III. The motion carried by the 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 Pro Tem Lambert
opened the public forum and asked those at the meeting if they would like to speak: RON
BAILEY spoke regarding how New Beginnings Church will be re-doing the annual
Halloween Harvest Fun Festival celebration that they used to do before COVD-19 and
explained the event and all that will be going on that day; CLAUDIA NUNES, stated that
she lives in the mobile home park next to the homeless encampment and spoke
regarding all the health issues she is having because of the fires the homeless are
burning, how she has spent time in the hospital, how scared they are of the homeless
and what it going on there, how she will be sending her hospital bills to the City and
doesn’t think that Medicare should pay for her doctor’s bills, how the City has not been
fair to us at the mobile home park, and concerns with what if one of the homeless cause
harm to someone at the mobile home park; SHANDRA LEWIS, Rancho Los Banos Mobile
Home Park, spoke regarding a phone call she received from a tenant and a car the
homeless had set on fire, how bad the smoke was and how she has health issues and
inhaling the smoke shortens her lifespan, how she is taking this personal, she feels that
the Council is afraid because of the Boise Act and other reasons, she sees a
pulmonologist because of her health issues and wonders when you will respect her life
as a person, how there is no law for the homeless at the encampment and she feels there
are ways to getting around the Boise Act, many others have health issues and she gets
many tenant complaints about how scary this situation is; TOM BALATTI asked that you
get a Mayor appointed tonight and was happy to see that Mr. LLamas supported
appointing a Mayor in a local newspaper; PATRICIA McCOY, Los Banos VFW, invited
and informed the City Council and community about the 7th Annual Veterans parade on
November 5, 2022 and encouraged all to participate, how they are also looking for
volunteers to work the event; BLANCHE JORGE, stated that she lives in downtown Los
Banos, how there are many residents who live in downtown and her home was built in
1910 and spoke to when other notable buildings were built in the downtown area, spoke
regarding a website that you can go to research and see what was originally downtown
and to please remember that there are historical homes all around us with unique things;
KATHY BALLARD, Los Banos, there are a few items for me to speak on, stated that she
doesn’t understand why there is a push to appoint a Mayor so quickly, she has been told
that the certification of the election should be should get certified quickly, she feels
strongly that our City Could can run strongly with just the 4 of you for now, the other thing
I wanted to talk about is there is a need to get help for a Fire Department and they are
desperately in need of help, she inquired as to why there hasn’t been a Measure H
Committee meeting and wants to know where that money is being spent; ROY TODD
stated that he has a nexus to all four Council Members and he in Council Member
Lambert’s district, inquired as to what is going on with Measure H, he has an idea for the
Mayor situation and he’s asked the Mayor-elect what district he lived in and that blew that
idea, and feels that someone that is the top person should be elected first, he inquired as
to item 7D purchasing an SUV full size and how the cost seems like a lease cost when
you can purchase it for cheaper, spoke to item 8 regarding a subdivision and how a few
years ago they had a community meeting to speak about Pacheco Boulevard, how he
would like to see medians, inquired as to what is involved in CEQA and doesn’t
understand the disconnect between new and old businesses, we don’t need to be a
Fresno, we need to be a Clovis and we certainly don’t want a Compton, feels for the
homeless situation and would like to see an overall strategy for how to deal with the
situation.
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: MARIA SALINAS wrote that she is a resident at Rancho
Los Banos Mobile Home Park, how she has been speaking before the City Council since
April 2022 regarding her concerns and complaints regarding the homeless encampment,
spoke regarding what they are experiencing and wonders what the City is waiting for to
address the issues. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis
stated that she would like to pull items 7D – City Council Resolution No. 6559 – Awarding
the Bid for the Purchase of a New 2023 Full-Size Sport Utility Vehicle (SUV); Authorize
the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in
the Amount of $56,412.51; 7E – City Council Resolution No. 6560 – Approving and
Accepting Parcel Map No. 2021-03 for the Minor Subdivision of Approximate 7.57 Acre
Parcel into Three (3) Parcels within the Highway Commercial Zoning District Located at
the Northeast Corner of Mercey Springs Road and Overland Avenue, Along with the
Dedications of Two (2) Public Utility Easements Located South of Overland Avenue and
East of Mercey Springs Road, APN 424-120-024 (Love In An Elevator, LLC); 7G – City
Council Resolution No. 6562 – Ratifying the Interim City Manager’s Approval of the
Employment Agreement with the Fire Chief Paul Tualla from the Consent Agenda to be
presented before approval.
7D – City Council Resolution No. 6559 – Awarding the Bid for the Purchase of a New
2023 Full-Size Sport Utility Vehicle (SUV); Authorize the Public Works Director/City
Engineer to Issue the Purchase Order to Santos Ford in the Amount of $56,412.51.
Council Member Lewis inquired as to how many bids were received and period of use
and mileage for the replacement vehicle for which Public Works Director/City Engineer
Than explained. Council Member LLamas inquired as to if the City is going to look into
leasing vehicles in the future for which Public Works Director/City Engineer Than
explained.
7E – City Council Resolution No. 6560 – Approving and Accepting Parcel Map No. 2021-
03 for the Minor Subdivision of Approximate 7.57 Acre Parcel into Three (3) Parcels within
the Highway Commercial Zoning District Located at the Northeast Corner of Mercey
Springs Road and Overland Avenue, Along with the Dedications of Two (2) Public Utility
Easements Located South of Overland Avenue and East of Mercey Springs Road, APN
424-120-024 (Love In An Elevator, LLC). Council Member Lewis noted that the staff
reports states that the subject is generally located NW but the map shows SE corner for
which Public Works Director/City Engineer Than explained that it is the SE corner and will
make sure the resolution states the correct location.
7G – City Council Resolution No. 6562 – Ratifying the Interim City Manager’s Approval
of the Employment Agreement with the Fire Chief Paul Tualla. Council Member wanted
to clarify if the CalPERS employee contribution was 7% or 12% for which City
Clerk/Human Resources Director Mallonee stated that it is 12% and will make sure the
agreement states the correct percentage.
Motion by Lewis, seconded by LLamas to approve the consent agenda as follows: Check
Register for #235085 - #235287 in the Amount of $2,009,119.97; Minutes for the
September 21, 2022 City Council Meeting; City Council Resolution No. 6558 –
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. 6559 –
Awarding the Bid for the Purchase of a New 2023 Full-Size Sport Utility Vehicle (SUV);
Authorize the Public Works Director/City Engineer to Issue the Purchase Order to Santos
Ford in the Amount of $56,412.51; City Council Resolution No. 6560 – Approving and
Accepting Parcel Map No. 2021-03 for the Minor Subdivision of Approximate 7.57 Acre
Parcel into Three (3) Parcels within the Highway Commercial Zoning District Located at
the Northeast Corner of Mercey Springs Road and Overland Avenue, Along with the
Dedications of Two (2) Public Utility Easements Located South of Overland Avenue and
East of Mercey Springs Road, APN 424-120-024 (Love In An Elevator, LLC); City Council
Resolution No. 6561 – Approving the Acceptance of a $50,000 Grant (PT23126) From
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 and Revenues in the Amount of $50,000; City Council Resolution No. 6562
– Ratifying the Interim City Manager’s Approval of the Employment Agreement with the
Fire Chief Paul Tualla. The motion carried by the affirmative action of all Council
Members present.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A
CONDITIONAL USE PERMIT #2022-09 AND A CATEGORICAL EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15301, EXISTING FACILITIES, TO ALLOW THE USE OF A TYPE 41
ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE FOR A BONA-FIDE
EATING PLACE, THE ROUNDUP SPORTS BAR, LOCATED AT 830 I STREET, APN
026-143-003; CITY COUNCIL RESOLUTION NO. 6563 – 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 #2022-09 TO ALLOW
FOR THE ON-SALE OF BEER AND WINE UNDER A TYPE 41 ALCOHOL LICENSE
AT 830 I STREET, MORE SPECIFICALLY IDENTIFIED AS APN 026-143-003.
Community & Economic Development Director Souza Elms presented the staff report,
which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the establishment and which
area is going to be used for parking.
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. 6563 –
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 #2022-09 to Allow for the On-Sale of Beer and Wine Under a
Type 41 Alcohol License at 830 I Street, More Specifically Identified as APN 026-143-
003. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
AN AMENDMENT TO THE CITY OF LOS BANOS BUILDING CODE ORDINANCE BY
ADOPTION BY REFERENCE THE CALIFORNIA BUILDING CODE 2022 EDITION
AND RELATED 2022 EDITION CODES; ORDINANCE NO. 1199 – ADOPTING BY
REFERENCE THE BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA
BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE, THE
2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2022
EDITION OF THE CALIFORNIA REFERENCE STANDARDS CODE, THE 2022
EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2022 EDITION OF THE
CALIFORNIA MECHANICAL CODE, THE 2022 EDITION OF THE CALIFORNIA
ADMINISTRATIVE, THE 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING
CODE, THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS
CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, AND THE
2022 EDITION OF THE CALIFORNIA PLUMBING CODE BY AMENDMENT TO TITLE
8 CHAPTER 1 OF THE LOS BANOS MUNICIPAL CODE (FIRST READING &
INTRODUCTION); ORDINANCE NO. 1200 – ADOPTING BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA FIRE CODE BY AMENDMENT TO TITLE 4 CHAPTER
3 OF THE LOS BANOS MUNICIPAL CODE AND ADOPTION OF LOCAL
AMENDMENTS THERETO (FIRST READING & INTRODUCTION). Community &
Economic Development Director Souza Elms introduced Mike Brinkman the City’s
contract Building Official who then presented the staff report. Community & Economic
Development Director Souza Elms explained the extra conditions and amendments
special to the City of Los Banos.
There was Council Member and staff discussion regarding grab bars in the homes for
senior for new construction and the proposal for these upgrades for our Fire Department.
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 waive the first reading of Ordinance No. 1199
– Adopting by Reference the Building Code, the 2022 Edition of the California Building
Code, the 2022 Edition of the California Energy Code, the 2022 Edition of the California
Historical Building Code, the 2022 Edition of the California Reference Standards Code,
the 2022 Edition of the California Electrical Code, the 2022 Edition of the California
Mechanical Code, the 2022 Edition of the California Administrative, the 2022 Edition of
the California Existing Building Code, the 2022 Edition of the California Green Building
Standards Code, the 2022 Edition of the California Residential Code, and the 2022
Edition of the California Plumbing Code by Amendment to Title 8 Chapter 1 of the Los
Banos Municipal Code. The motion carried by the affirmative action of all Council
Members present.
Motion by Jones, seconded by LLamas to introduce Ordinance No. 1199 – Adopting by
Reference the Building Code, the 2022 Edition of the California Building Code, the 2022
Edition of the California Energy Code, the 2022 Edition of the California Historical Building
Code, the 2022 Edition of the California Reference Standards Code, the 2022 Edition of
the California Electrical Code, the 2022 Edition of the California Mechanical Code, the
2022 Edition of the California Administrative, the 2022 Edition of the California Existing
Building Code, the 2022 Edition of the California Green Building Standards Code, the
2022 Edition of the California Residential Code, and the 2022 Edition of the California
Plumbing Code by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code.
The motion carried by the affirmative action of all Council Members present.
Mayor Pro Tem Lambert opened the public hearing. No one came forward to speak and
the public hearing was closed.
Motion by Lewis, seconded by Jones to waive the first reading of Ordinance No. 1200 –
Adopting by Reference the 2022 Edition of the California Fire Code by Amendment to
Title 4 Chapter 3 of the Los Banos Municipal code and Adoption of Local Amendments
Thereto. The motion carried by the affirmative action of all Council Members present.
Motion by Lewis, seconded by Jones to introduce Ordinance No. 1200 – Adopting by
Reference the 2022 Edition of the California Fire Code by Amendment to Title 4 Chapter
3 of the Los Banos Municipal code and Adoption of Local Amendments Thereto. The
motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6564 –
FILLING THE VACANCY OF THE OFFICE OF MAYOR BY APPOINTMENT TO SERVE
THE UNEXPIRED TERM OF THE INCUMBENT. Interim City Manager Wellman
presented the staff report.
Council Member Jones stated that he feels we really need to fill this seat as quickly as
possible, how they waste a lot of time and don’t see the need to wait until the November
8th election results are certified and would like to move forward with the appointment of
a Mayor to fill the unexpired term once we hear the presentations from those interested
in being appointed.
Council Member Lewis stated there were two options given to us in deciding, if the City
Council does not call an election the vacancy shall be filled at the next regular election
date, wondered what the urgency is, a split vote is a split vote and it happens occasionally,
some of the Council Members want to appoint while others feel that there is time and no
urgency, last time we made an appointment like this there was a 2-year gap, she feels
we should wait until the election happens, she personally thinks there is an agenda behind
this appointment, wants the public to have a clear understanding of what she is facing
and if there is something that is critical and serious it can be put on a later agenda when
there is a full Council.
Council Member LLamas stated that he has thought about this situation long and hard,
there should be consistency and fairness in the application process, how he went through
this process a year or so ago in January and there was a process set forth, a 2-3 page
application, interview process was published and a voting procedure was published, and
none of those things are happening and compared it to if we had a sergeant position open
in the Police Department would we change the process, we should not undermine the
democratic process for expediency, we only have 2-3 meetings left before the election
and the only pressing issue I see is our homeless situation, he is hard pressed to continue
this process and would like to have a more robust interview process, what’s really
weighing on him is the homeless situation but then are we going to redo this to hire a
former person who created this problem, we have folks that are experiencing some very
traumatic times and the homeless issue is urgent.
Council Member Lambert stated that this does matter to me, whether it’s for the good or
bad, better or worse, we could come up with an item that we don’t need to drop, we need
to start moving now and we need the votes, for the good of the City we need a Mayor not
a Mayor Pro Tem and we need a Mayor in this position to have the votes we need, how
there is no special agenda we just need the votes, he is for appointing a Mayor for the
remainder of the term and doing so is what is best for the City.
Council Member Lewis stated that if any four of us get sick and for an extended period of
time, we do not lose our seats, we should be making decisions for the betterment of our
community not for an agenda or personal decisions, we have been dealing with the
homeless issue for some time now, she would just ask us to consider if we are making
the appropriate decision with an election just 34 days away, there are no pressing issues
coming forward on the agenda that she is aware of and if someone else knows of one
she’d like to hear it.
Council Member Jones stated that if our former Mayor would have given us more than a
1-day notice we could have followed a process, how there is only one candidate on the
ballot, and what I find is hypocritical is that you are in a rush to hire a city manager.
Council Member Lambert added that if someone becomes sick we could not have a
meeting.
Council Member LLamas stated that overall, no one is rushing to fill the city manager’s
position, it is going through the process with established guidelines and an open period,
and the only pressing issue is the homeless situation.
Council Member Jones stated that you guys want to hire a City Manager on a 4-person
vote and not have a future Mayor’s input and stated that he would like to have the
candidate come forward and give his 5-minute speech.
Council Member Lewis inquired as to the action being decided on the process, for which
City Attorney Vaughn explained and there is potentially a deadlock and you need to come
to some type of concurrence on how to proceed.
Motion by Jones, seconded by Lambert to move forward with interviews. Motion failed
by the following vote: AYES: Jones, Lambert; NOES: Lewis, LLamas.
No further action was taken on this item.
NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING CITY
COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION – FOUR (4)
VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2024,
ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2023; MEASURE H
CITIZENS’ OVERSIGHT COMMITTEE – THREE (3) VACANCIES, THREE (3) TWO (2)
YEAR TERMS – EXPIRING DECEMBER 31, 2024; MEASURE P COMMITTEE – FOUR
(4) VACANCIES, THREE (3) THREE (3) YEAR TERMS – EXPIRING DECEMBER 31,
2025, ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2023; PARKS &
RECREATION COMMISSION – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR
TERMS – EXPIRING DECEMBER 31, 2024; PLANNING COMMISSION – THREE (3)
VACANCIES, ONE (1) VACANCY IN DISTRICT 2 – EXPIRING DECEMBER 31, 2026,
ONE (1) VACANCY IN DISTRICT 3 – EXPIRING DECEMBER 31, 2026, ONE (1) AT-
LARGE VACANCY – EXPIRING DECEMBER 31, 2024; TREE COMMISSION – TWO
(2) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2024.
Informational item only, no action to be taken.
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 October 12, 2022 to consider Conditional Use Permit #2022-10
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 a bona-fide eating place, Las Micheladas Bar & Grill Los
Banos, located at 509 I Street, APN 025-241-003.
CITY MANAGER REPORT. Interim City Manager Wellman stated that he has Police and
Fire on his mind and would like to introduce the City’s new Fire Chief Paul Tualla who
came to the podium to speak thanking the City for the opportunity and how he is looking
forward to working with members of the Fire Department and others in the City with
Interim City Manager Wellman adding how they are looking forward to getting your
recommendations on the path ahead and there is no time to waste. Mr. Tualla thanked
Police Commander Reyna for taking the helm through the recruitment process, and
Interim City Manager Wellman asked Acting Fire Chief/Police Commander Reyna to
speak to Mr. Tualla’s history and background and thanked Police Chief Brizzee, Police
Commander Melden and Police Services Manager Geary for taking on extra duties as he
was lucky to serve as Acting Fire Chief and working with the members of the Fire
department and introduced Police Officer Juan Soriano who is the new POA president
who spoke regarding his experience with the City and Mr. Wellman spoke to the letter
recently received from the POA. Mr. Wellman then spoke to something that is very
important to him which is fresh water, wastewater, storm water availability and spoke to
the importance of looking into these issues at some point we are going to have to invest
in the future to get the credible information to work with the development community.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No
report
CITY COUNCIL MEMBER REPORTS.
DEBORAH LEWIS: Spoke regarding the company hired awhile back to look into the
chrom 6 issues and reverse osmosis, she was recently made aware by MCAG that our
Measure V funding for Pioneer Road and bike path to Merced College is coming close to
its cycle that has been allocated to the City and if we don’t use it you lose it, how it’s been
quite some time since we have heard about the plans for the Pioneer Corridor and is
afraid that MCAG will be redirecting the funding and would like an update at a future
Council Meeting, for which Public Works Director/City Engineer Than responded to. Ms.
Lewis spoke to how on West K Street coming west to 4th Street that all of the state streets
do not have stop signs and how it would seem to her that there should be stop signs at
some of those intersections going north to west K Street and how she would like Interim
Finance Director Kuhn to review our fees to see if we are up to date and would like to
hear something back soon on that, she would also like to find out if the new sign on West
I Street and Pacheco Boulevard is capable of paying for themselves for which Interim
Finance Director Kuhn stated the developer impact fees AB 1600 is coming to them at
the next Council Meeting and the other fee request will take a while to prepare. She
asked the City Manager and City Clerk to invite our county representative to the next
meeting and also the County Homeless representative to see what they have proposed
to help the City of Los Banos in relation to their closing up Project RoomKey, maybe we
should have a task force to come up with ideas and solutions and she feels it is unfair
what the homeless neighbors have to deal with. Congratulated our new Fire Chief and
we are looking forward to working with you as are the members of the Fire Department.
In our country we have gotten to a point where we do not want to let processes happen,
she hopes that Los Banos would be fair to their constituents and let them choose who
their Council Members by election, this is not disparaging remark against anyone running
now and she feels very strongly about processes, if the Council votes to bring back a
former employee that is the process and she will have to accept it, live with it and work
with it, we need to honor the people who take the time to vote.
REFUGIO LLAMAS: Thanked the Parks & Recreation staff for the Salute to Seniors
event and feels that we need to do more of that, we need to pay homage to our senior
citizens, welcome to the fire chief and look forward to great things from you, our fire
fighters are operating under extreme stress, short staffed, calls all day and night, cycles
are getting shorter and shorter and they are fatigued, would like a state of the Fire
Department report and what we need to retain our personnel, it is way past due that we
do something for our Fire Department, and that also applies to our Police Department,
what needs to be done to retain our personnel, they take all of their knowledge with them,
spoke to the increased rapid expansion of our city and how it is affecting our personnel
and our first responsibility is public safety, he would really like to have the homeless
situation brought back for further discussion and resolutions, spoke to how he was able
to take a tour of tiny homes for homeless, and feels that the water accountability issue
has to be dealt with.
BRETT JONES: No report
KENNETH LAMBERT: Condolences to our Police Chief on the loss of his family
member, welcomed aboard Mr. Tualla the new Fire Chief and he looks forward to seeing
how you adapt to Los Banos, you have some wonderful fireman.
ADJOURNMENT. Motion by LLamas, seconded by Lewis, the meeting was adjourned
at 8:19 p.m.
APPROVED:
/s/ Kenneth Lambert_________
Kenneth Lambert, Mayor Pro Tem
ATTEST:
/s/ Lucille L. Mallonee_________
Lucille L. Mallonee, City Clerk
Agenda
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AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
OCTOBER 5, 2022 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/channe1/UC3sy5 slYr3447mZsrql5Tg
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 par favor flame 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.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o las documentos proporcionaron a una mayoria de/ Ayuntamiento
respecto a cualquier articulo en este orden de/ dia sera hecho disponible para la
inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall,
520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y /os documentos
pueden ser anunciados en el website de la ciudad en www.losbanos.org.
1. CALL TO ORDER- October 5, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis _ _ , Llamas __
4. CONSIDERATION OF APPROVAL OF AGENDA.
Los Banos City Council Agenda - October 5, 2022 Page 1 of 5
5. PRESENTATIONS.
A. City Council Resolution No. 6557 - A Resolution of Commendation to Manuel
Thomas Faria Ill.
Recommendation: Adopt the resolution as submitted.
B. Proclamation - Recognizing October 2022 as Breast Cancer Awareness
Month.
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 #235085 - #235287 in the Amount of $2,009,119.97.
Recommendation: Approve the check register as submitted.
B. Minutes for the September 21, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6558 - 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.
D. City Council Resolution No. 6559 - Awarding the Bid for the Purchase of a
New 2023 Full-Size Sport Utility Vehicle (SUV); Authorize the Public Works
Director/City Engineer to Issue the Purchase Order to Santos Ford in the
Amount of $56,412.51.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6560 - Approving and Accepting Parcel Map No.
2021-03 for the Minor Subdivision of Approximate 7.57 Acre Parcel into Three
(3) Parcels within the Highway Commercial Zoning District Located at the
Northeast Corner of Mercey Springs Road and Overland Avenue, Along with
the Dedications of Two (2) Public Utility Easements Located South of
Overland Avenue and East of Mercey Springs Road, APN 424-120-024 (Love
In An Elevator, LLC).
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6561 - Approving the Acceptance of a $50,000
Grant (PT23126) From the California Office of Traffic Safety {OTS) and
Los Banos City Council Agenda - October 5, 2022 Page 2 of 5
Amending the 2022-2023 Fiscal Yea r Budget by Increasing the Appropriation
Amount of the State Grant Fund Account fo r Expenditures and Revenues in
the Amount of $50,000.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6562 - Ratifying the Interim City Manager's
Approval of the Employment Agreement with the Fire Chief Paul Tualla.
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 #2022-09 and a Categorical Exemption from the
California Environmental Quality Act (CEQA) Pursuant to Section 15301,
Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the On-
Sale of Beer and Wine for a Bona-Fide Eating Place, The Roundup Sports
Bar, Located at 830 I Street, APN 026-143-003.
1) City Council Resolution No. 6563 - 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 #2022-09 to Allow for the On-Sale of Beer and
Wine Under a Type 41 Alcohol License at 830 I Street, More Specifically
Identified as APN 026-143-003.
Recommendation: Receive staff report, open the public hearing, receive public comment,
close the public hearing, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Comment and Consideration of an
Amendment to the City of Los Banos Building Code Ordinance by Adoption
by Reference the California Building Code 2022 Edition and Related 2022
Edition Codes.
1) Ordinance No. 1199 - Adopting by Reference the Building Code, the
2022 Edition of the California Building Code, the 2022 Edition of the
California Energy Code, the 2022 Edition of the California Historical
Building Code, the 2022 Edition of the California Reference Standards
Code, the 2022 Edition of the California Electrical Code, the 2022 Edition
of the California Mechanical Code, the 2022 Edition of the California
Administrative Code, the 2022 Edition of the California Existing Building
Code, the 2022 Edition of the California Green Building Standards Code,
the 2022 Edition of the California Residential Code, and the 2022 Edition
of the California Plumbing Code by Amendment to Title 8 Chapter 1 of
the Los Banos Municipal Code. (First Reading & Introduction)
Los Banos City Council Agenda - October 5, 2022 Page 3 of 5
2) Ordinance No. 1200 - Adopting by Reference the 2022 Edition of the
California Fire Code by Amendment to Title 4 Chapter 3 of the Los
Banos Municipal code and Adoption of Local Amendments Thereto.
(First Reading & Introduction)
Recommendation: Receive staff report, open public hearing, receive public comment, waive
the first readings and introduce the ordinances as submitted.
9. CONSIDERATON OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6564-
FILLING THE VACANCY OF THE OFFICE OF MAYOR BY APPOINTMENT TO
SERVE THE UNEXPIRED TERM OF THE INCUMBENT.
Recommendation: Receive staff report and direction on how to proceed.
10. NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING CITY
COMMISSIONS/COMMITTEES:
A. Airport Advisory Commission - Four (4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024
One (1) Unexpired Term - Expiring December 31, 2023
B. Measure H Citizens' Oversight Committee - Three (3) Vacancies
Three (3) Two (2) year Terms - Expiring December 31, 2024
C. Measure P Committee - Four (4) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2025
One (1) Unexpired Term - Expiring December 31, 2023
D. Parks & Recreation Commission - Three (3) Vacancies
Three (3) Two (2) year Terms - Expiring December 31, 2024
E. Planning Commission - Three (3) Vacancies
One (1) Vacancy in District 2 - Expiring December 31, 2026
One (1) Vacancy in District 3 - Expiring December 31, 2026
One (1) At-Large Vacancy- Expiring December 31, 2024
F. Tree Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2024
Recommendation: Informational item only, no action to be taken.
11. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - October 5, 2022 Page 4 of 5
13. 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.
14. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
15. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
enda was posted on t ity Hall bulletin board not less than 72 hours prior to the meeting.
Dated this 30th day of September 2022
Los Banos City Council Agenda - October 5, 2022 Page 5 of 5
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