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City Council Meeting

Regular Meeting

Los Banos, CA · October 5, 2022

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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

~~, . .~~ B T City of LOS anos ,. \t 1/ic Crossroads of Califo, 111a www.losbanos.org 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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