City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 19, 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 6:08 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: Mayor Pro Tem Lambert stated that staff is requesting that item 9 - ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC. be moved to be heard after Agenda I # 7 the Consent Agenda is approved and before item 8 – Public Hearings. Motion by Jones, seconded by LLamas to approve the agenda as submitted, with item 9 - ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC. be moved to be heard after the consent agenda is approved and before agenda item 8 – Public Hearings. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS. PROCLAMATION – RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS PUBLIC SAFETY DISPATCHER MYRIAM FLORES; CERTIFICATE OF RECOGNITION – ABEL PARSAD, IT TECHNICIAN, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR SEPTEMBER 2022. Mayor Pro Tem Lambert presented and read the certificates recognizing the retirement of City of Los Banos Public Safety Dispatcher Myriam Flores and Abel Parsad, IT Technician, City of Los Banos Employee of the Month for September 2022 who were present 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: CLAUDIA NUNES stated that she is dressed in black because she is mourning for all the soldiers that have fought for our freedom. She further spoke to how she and those who are living in the same mobile home park are suffering and being threatened every day due to the homeless issue in the area. She feels Council is making them suffer by not moving the homeless encampment and feels it is not fair to the residents in the mobile home park. She called on Council to fix the issue; DOMINGUEZ SANDOVAL, Director of Los Banos Chamber of Commerce, spoke regarding the Trick or Treat event happening on October 20, 2022 and invited all to attend and dress up in their costume; CARIE REYES, Vice President of the Los Banos High School Color Guard, spoke regarding their Halloween Extravaganza fundraising event to raise funds to go to events not sponsored by the school; JIM DAVIS, spoke to how he is running for Mayor of Los Banos and was certified as a write in candidate last week. He further spoke to who he is and why he is running for the Office of Mayor; JOHN CATES, Los Banos, directed a comment to Council Member Lewis and Council Member Llamas and stated that their decision making has upset him, especially when it comes to financial responsibility. He stated that some of their decision making has also affected the interest some developers have had on coming to the City. He respects Council Member Llamas as a veteran and considered Council Member Lewis a mentor but feels she treated a Mayoral candidate poorly; BLANCHE JORGE spoke of how she loves this City, the neighborhood she lives in and how the neighborhoods are walkable. She is hoping some of the Victorian houses that are currently up for sale can be saved. She spoke of the “Howl-o-ween” event that will be held at Pacheco Park and invited all vendors or entertainers to come out and be a part of the event; LORI BALATTI, KAYLA DAVIS, and DAYNA VALADAO all spoke on behalf of the local Pickleball Organization, the history of Pickleball and the background of the local group. They spoke to where they play Pickleball, the number of growing participants, and how it is beneficial to the well being of all who participate. The group is looking forward to the new Pickleball courts being built; KATHY UHLEY, Los Banos, invited all to the fall animal fair that will be going on for the first time and how it will feature the local animal rescue organizations. There will be educational opportunities, adoptions and fun events for the kids; BENJAMIN FINCHERS, Deputy General Manager with Central California Irrigation District, spoke regarding SGMA (Sustainable Groundwater Management Act) and how the sub-basin as a whole is in a state of overdraft. He reminded all that the City of Los Banos is an independent Groundwater Sustainability Agency and that it must implement the guidelines in the sustainability plan within the agency’s area and is responsible for reaching the limit of sustainability by the year 2040. He noted that the City is starting out in a deficit and is already in a hole before it even started. He further spoke about the plan and how milestones may/must be met. Consequences of not meeting milestones were spoken to and he referenced Agenda Item 8B, the Los Banos General Plan 2042 Environmental Impact Report plan adoption, and spoke to some things the plan itself is lacking. He stated that Central California Irrigation District strongly opposes the plan that is on the table for adoption tonight and recommends the City Council make a motion to amend the plan and add language that the City’s current deficit shall not be increased. 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 letters to be read into the record as follows: KATHY PON, former resident of Los Banos, wrote that she now lives in Gustine but is in Los Banos almost every day for shopping, appointments, and Pickleball play. She thanked the City for providing accessibility to the community by way of proposing new Pickleball courts near Cresthills Park; KASEY MILLER, Park Operator of Rancho Los Banos Mobile Home Park, wrote regarding the homeless tenants that are being housed behind the mobile home park and how there are still many health and safety issues occurring in the area. She referenced that the City Manager has the power to change the situation and she called upon him to do something about it. She asked that the Council put their differences aside and do right by the tax payers; MARIA SALINAS, resident of the Rancho Los Banos Mobile Home Park, wrote that she has had meetings with Police Chief Brizee on the issue of the homeless encampment and that he educated her on a lawsuit that occurred with an encampment in Fresno and that the homeless residents won a settlement over the city’s destruction of personal property. She agrees with the settlement and says that the City has the power to relocated the encampment but that it must be done in an orderly way; JERI BLEVINS, Los Banos, spoke to how she has been a member of the Los Banos Pickleball club for a little over a year and that it has changed her life in many positive ways. She thanked the City for making this sport available in our City; VERONICA GUZMAN, Staff Services Analyst for the California Department of Fish and Wildlife, submitted a letter on behalf of the agency’s Regional Manager that spoke to the proposed Los Banos General Plan 2042 Environmental Impact Report that is on tonight’s agenda and how a part of the plan would affect the Grasslands Ecological Area and the wildlife that thrive in that area, including special status and endangered species. They thanked the City for considering the agency’s input while evaluating the possible zone change; KIM FORREST, Refuge Manager of the San Luis National Wildlife Refuge Complex submitted a letter regarding the Los Banos General Plan 2042 Final Environmental Impact Report and noted how there are high concerns regarding the fact that the City has not taken into consideration the very sensitive nature of locations in question and that this plan will negatively impact wildlife and special species in the area. The agency encouraged the City to reject this proposal for inappropriate land use in such a sensitive area; ELLEN WEHR, Grasslands Water District, wrote regarding the Los Banos General Plan 2042 Final Environmental Impact Report and how the proposed rezoning is the latest chapter of a historical conflict between the City and Grasslands Water District as the proposed change violates the California Environmental Quality Act. There were additional attachments and information included with the letter. The agency is requesting that the proposed change in land use designation in the intercanal area from agriculture/rural to industrial be removed from the proposed Project, and Implementing Action P-A5.3 remain as currently worded in the City’s general plan. No one else came forward to speak and there were no additional letters to read so the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull item 7E - City Council Resolution No. 6568 – Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund to be presented before approval and voted on separately. Motion by Lewis, seconded by LLamas to approve the consent agenda, with the removal of 7E - City Council Resolution No. 6568 – Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund, as follows: Check Register for #235288 - #235576 in the Amount of $1,947,188.11; City Council Resolution No. 6565 – 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. 6566 – Approving and Accepting Parcel Map No. 2021-02 for The Minor Subdivision of Approximate 15.36 Acre Parcel into Four (4) Parcels within the Highway Commercial Zoning District Located at the Northeast Corner of Ward Road and Pacheco Boulevard Along with the Dedications of Five (5) Public Utility Easements Located Along All Road Frontages of the Parcel Map, APN 084- 020-032; City Council Resolution No. 6567 – Approving the Acceptance of the Bureau of Justice Assistance FY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $12,959 and Amending the 2022-2023 Fiscal Year Budget by Increasing the Appropriation Amount of the JAG Edward Byrne Grant Fund Account for Expenditures and Revenues in the Amount of $12,959; City Council Resolution No. 6568 – Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund. The motion carried by the affirmative action of all Council Members present. CITY COUNCIL RESOLUTION NO. 6568 – AUTHORIZING AWARD OF CONSTRUCTION CONTRACT TO MARVULLI, INC. IN THE AMOUNT OF $518,382.04 WITH A 10% CONTINGENCY IN THE AMOUNT OF $51,838 FOR THE CONSTRUCTION OF THE AG SPORTS COMPLEX RESTROOM/CONCESSION BUILDING PROJECT AND ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR 2022-23 AS IT PERTAINS TO THE LOS BANOS PARK. There was Council Member and staff discussion as to the needs of the complex and how the budget revision is for additional demolition costs. Council would like to see a report brought back in the future so that the design and improvements meant for this project can be reviewed. Motion by Lewis, seconded by LLamas to approve City Council Resolution No. 6568 – Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund and bring this item back at the next City Council Meeting as a report to see what this new project will look like. The motion carried by the affirmative action of all Council Members present. ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation, and introduced Jay Folwer and Joe Heisdorf from Mid Valley Disposal who spoke in more detail to the garbage collection services they are providing the City of Los Banos residents. There was Council Member and staff discussion regarding the compost program and what additional costs are associated with the program outside of the normal collection costs. There was additional discussion regarding dumpster overages and if behaviors have changed with the issues. Council thanked Mid Valley staff for all their work. Informational item only, no action taken. 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 (SECOND READING & ADOPTION); 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 (SECOND READING & ADOPTION). Community & Economic Development Director Souza Elms presented the staff report. Mayor Pro Tem Lambert opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Jones, seconded by Lewis to waive the second 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 Lewis 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 following roll call vote: AYES: Jones, Lambert, Lewis, LLamas; NOES: None; ABSENT: None. 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 second 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 Jones, seconded by LLamas 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 following roll call vote: AYES: Jones, Lambert, Lewis, LLamas; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ADOPTION OF CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR), ADOPTION OF MITIGATION MONITORING AND STATEMENT OF OVERRIDING CONSIDERATION, ADOPTION OF THE GENERAL PLAN 2042, AND ADOPTION OF THE ANNEXATION ORDINANCE; CITY COUNCIL RESOLUTION NO. 6569 – APPROVING AND CERTIFYING THE FINAL EIR AND APPROVING THE LOS BANOS GENERAL PLAN 2042; ORDINANCE NO. 1201 – ADOPTING AN ANNEXATION ORDINANCE AND RELATED AMENDMENTS TO TITLE 9, CHAPTER 3, OF THE LOS BANOS MUNICIPAL CODE (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report and introduced Joanna Jansen and Terri McCracken with Placeworks who spoke in more detail to the proposed General Plan 2042, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the amendment options proposed by Placeworks that may be considered prior to adoption. Staff also provided input regarding what amendments they see acceptable relating to comments and concerns they have received from outside agencies. Following the presentation, there was discussion amongst Council, City staff and Placeworks staff regarding developers and their obligations to follow the City’s annexation ordinance before their submittals are entertained by the City Council and how the annexation ordinance comes into effect if a developer wants to make any amendments to the development plan that was originally adopted by council. The issue of water usage was spoken to and it was discussed that because some areas designated as agricultural use would be designated as urban use under the new plan, there would be significantly less water usage experienced in those areas. Mayor Pro Tem Lambert opened the public hearing. ELLEN WEHR, General Counsel for Grassland Water District spoke regarding their concerns which are on file in letter form with the City Clerk and supports council voting for option B; SEAN ALLEN, California Department of Fish and Wild Life Manager, spoke in support of Option B to go back to the original plan and explained his reason why; ANN McCAULEY, Los Banos, concerned that urban use uses less water than agriculture but we can’t ignore agriculture, concern that the State continues to divert water out of the city and feels staff needs to look at what we need to do to make sure we get our share of water in the Central Valley. She further noted that it is unfair to farmers to give up so much land and believes water use is going to be a big issue; BLANCHE JORGE, Los Banos, stated that she collects homes to try and save them and put them in their original state. She likes that there is attention for preserving downtown. She has had difficulty downloading information and staff was really great and allowed her to go through the books and answered any questions that she had; PEPPER SNYDER, President of Grasslands Water District, spoke to how blessed this area is to have the resources in our grasslands area and hopes that we keep this area the way it is. She supports Option B. There were no additional comments and the public hearing was closed. Council expressed their desire to maintain good relationships with the local water and natural resource agencies and feel Option B is the best choice. Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6569 – Approving and Certifying the Final EIR and Approving the Los Banos General Plan (GP) 2042, with Option B to revert back to existing General Plan with Ag/Rural designation, outside Urban Growth Boundary and establish the Grassland Resources Overlay Zone (GROZ) to cover the inter-canal corridor north of Highway 152 as stated in the existing GP. The motion carried by the affirmative action of all Council Members present. Motion by Lewis, seconded by Jones to waive the first reading of Ordinance No. 1201 – Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. The motion carried by the affirmative action of all Council Members present. Motion by Lewis, seconded by Jones to introduce Ordinance No. 1201 – Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, LLamas; NOES: None; ABSENT: None. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE PROPOSED PERMANENT LOCAL HOUSING ALLOCATION (PLHA) APPLICATION IN RESPONSE TO A NOTICE OF FUNDING AVAILABILITY (NOFA) DATED AUGUST 17, 2022; CITY COUNCIL RESOLUTION NO. 6570 – AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the different options and how staff has been approached by other who would be interested in selling the hotel involved in Project Home Key to the City of Los Banos. There was additional discussion about location options and alternative housing measures such as tiny homes. Housing programs that take place in other cities was discussed and how said local municipalities develop strict guidelines on who gets to occupy the facilities. Mayor Pro Tem Lambert opened the public hearing. JIM DAVIS, Los Banos, spoke to how a decision should not be made now because if a plan is chose now, it could become an issue later depending on the location. It takes time to know how projects will work and we may end up facing the same issue we have now and it could cost much more money to maintain. He believes purchasing a hotel and converting it would be a quicker way to ease the homeless encampment situation behind the mobile home park; BLANCHE JORGE, Los Banos, if it is a hotel there are regulations that require a fire sprinkler system in it, along with enough parking, and extending cameras; ANN McCAULEY, Los Banos, spoke to how with applications, future plans should also be submitted. She wondered if there has to be a specific hotel in order to couple it with Project Room Key funds. Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6570 – Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ACCEPTANCE OF THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 2017-2021 IN ACCORDANCE WITH ASSEMBLY BILL (AB) 1600. Interim Finance Director Kuhn 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 forum was closed. Motion by Jones, seconded by LLamas accept the Development Impact Fee Report for Fiscal Years 2017-2021 in Accordance with Assembly Bill 1600. The motion carried by the affirmative action of all Council Members present. POTENTIAL MEMORANDUM OF UNDERSTANDING REGARDING LOCAL WATER ISSUES. Interim City Manager Wellman presented the staff report and provided an update on some meetings he has had with engineering firms in order to gather as much expert advice as possible on how the City can increase its water supply. 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 26, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2022-04 for Jacqueline Morfin at 745 Vermont Ave., more specifically identified as Assessor's Parcel Number: 027- 011-016. CITY MANAGER REPORT. Interim City Manager Wellman spoke regarding the homeless encampment concerns and issues and how staff is looking at ways to use nonsworn personnel instead of sworn personnel. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No report. CITY COUNCIL MEMBER REPORTS. REFUGIO LLAMAS: Thanked Blanche Jorge for her update on historic preservation in Los Banos, stated that he appreciated the homelessness discussion and likes that we are still seeking solutions, how there is a MCAG meeting at College Greens tonight regarding housing funds and how he is looking forward to future meetings on this topic and when he is able to attend. BRETT JONES: No report. DEBORAH LEWIS: Council Member Lewis stated that New Beginnings Church will be sponsoring a harvest fest with fun activities for all. At the last Council Meeting, she requested that the County Supervisor and Homeless Coordinator be invited to this meeting in order to find out why they are terminating the Project Room Key program. She was hoping to hear some alternatives that are out there. She spoke to the homeless encampment by the mobile home park and how it is a nuisance and requested that the topic of moving the encampment be brought back in order to take action on the issue. KENNETH LAMBERT: Mayor Pro Tem Lambert stated that all Council Members have been part of it, but that they all need to get back to policy. He read the Council Member request policy that was established by City Council Resolution. Council Member Lewis requested to speak and stated that she is aware of the policy but asked why it was just now being brought up. Mayor Pro Tem Lambert responded by saying he did some digging himself on it because he has been a victim of it as well. Council Member Lewis stated that she was making a formal request to the City Manager to have the item brought back for Council to discuss in order to move forward. Mayor Pro Tem Lambert thanked staff and the consultants for all of their hard work. CLOSED SESSION – PUBLIC EMPLOYEE RELEASE (CALPERS INDUSTRIAL DISABILITY RETIREMENT) PURSUANT TO GOVERNMENT CODE SECTION 54957. Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6571 – Concerning Retirement of Police Officer Jeffrey Lyle Kelley. The motion carried by the affirmative action of all Council Members present. CLOSED SESSION – CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: INTERIM CITY MANAGER WELLMAN, CITY ATTORNEY VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE, INTERIM FINANCE DIRECTOR KUHN, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA), LOS BANOS POLICE DISPATCHERS/ COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. No reportable action. CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B): (ONE POTENTIAL CASE). No reportable action. ADJOURNMENT. Motion by Jones, seconded by LLamas, the meeting at 11:24 p.m. APPROVED: /s/ Kenneth Lambert_________ Kenneth Lambert, Mayor Pro Tem ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk