City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES NOVEMBER 2, 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 6:06 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: Interim City Manager Wellman, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Fire Chief Tualla, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Mayor Pro Tem Lambert stated that staff has requested that item 16 – City Manager Report be moved to be heard after item 8 – Update on City of Los Banos Recycled Water Efforts; and that item 12 – Pioneer Road Project Update be moved to be heard after item 9 – Los Banos Urban Forest Management Plan. Motion by Lewis, seconded by LLamas to approve the agenda as submitted with item 16 – City Manager Report moved up to be heard after item 8 – Update on City of Los Banos Recycled Water Efforts; and that item 12 – Pioneer Road Project Update moved up to be heard after item 9 – Los Banos Urban Forest Management Plan. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS: PROCLAMATION – RECOGNIZING VETERANS DAY; PROCLAMATION – RECOGNIZING NOVEMBER AS LUNG CANCER AWARENESS MONTH. Mayor Pro Tem Lambert presented and read the Veterans Day Proclamation to Allan Cotta, Patricia McCoy, Michael Hughes who were present to accept the recognition and encouraged everyone to come out to the Veterans Day Parade. He then read the Proclamation Recognizing November as Lung Cancer Awareness Month. 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: UNNAMED PERSON, spoke regarding how she has been coming to meetings to ask and beg the Council Members to do something about the homeless encampment near her Mobile Home Park, she has come up with an idea that they are not being helped because they are Mexicans or black people and the majority of you are racists, spoke regarding what she is experiencing, how she is speaking out because she does not want anything to happen to anyone, she feels they are not being helped because they are not white, how the Police is coming out and not giving tickets, something needs to be done, she is so afraid that something to happen to one of the kids at the mobile home park, she asked for the Council to please help them; RON BAILEY spoke regarding the New Beginnings Harvest Fun Festival held on October 31, 2022 which was very popular and thanked Council Members LLamas and Lewis and Mayor elect Llanez for coming to the event; SHANDRA LEWIS, resides at Rancho Los Banos Mobile Home Park, stated that she had a meeting with a Council Member that felt to be a threat as to what will happen if the encampment is moved and how there is no reason given for not moving them, they spoke to how horrible it smells and she feels that she has no value to Los Banos and has no value to the Council as a person, spoke to the horrible things she is experiencing and how they are not mobile home trash and there are all kinds of people who live there, she feels that her life is in danger and that the Council feels that the homeless are more important than they are, what is the difference between public and private property, what does the Interim City Manager want to see happen with this situation, she feels they have been threatened instead of being promised hope; DANIEL FREEMAN, Captain Los Banos Fire Department, spoke regarding how Police Commander Reyna served as Acting Fire Chief and immediately had a positive effect on the Fire Department and to all that he did to affect morale and genuinely cared about the Fire Department and all of us individually and presented him with a Fire Helmet for which Police Commander Reyna thanked the Fire Members for the appreciation and recognition and stated that the Los Banos Fire Department is an outstanding group of employees; JIM ROVIK, Los Banos, thanked all the members of the City Council and those public safety members, spoke regarding an idea that he has for addressing the homelessness issues here in Los Banos and he feels there is a greater need for housing projects for the homeless and the services that will come along with a project that he is proposing with the help of Merced County Rescue Mission and how the program will work and be funded; PATRICIA McCOY, Chairperson for the Los Banos Veterans parade, reminded all about the Veterans Day Parade on November 5, 2022 at 11 am and that next week the local VFW will be doing local flag raising events and also a flag etiquette class, would like the community to take notice of the over 900 flags being flown over the next few weeks, and spoke regarding a an event held a few years ago called Green Light Event; JIM DAVIS, stated that he is running for Mayor as a write in candidate, spoke how his campaign is mostly on social media and how he will be starting live YouTube chats, Los Banos Enterprise had an article about his candidacy, he has been able to speak to the Council, employees and others in the community, he met with a few key makers in Los Banos and they explained to him why he will not be successful in his bid for Mayor, he offered a chance for those to make a difference, make a change and vote for him and try something new; PAUL LLANEZ, running for Mayor, he is not here to campaign but he is here to talk about the closed session item regarding labor negotiations regarding Police, Fire and Dispatchers and urged them to talk realistic goals and numbers, he is more concerned as a citizen and a parent; CHERYL CEROS, Homeless Liaison with Bethel Church, stated that she feels that something needs to be done to help the homeless community and spoke to her experience, she feels that Home key will be successful not room key, do whatever it takes to help the homeless, she feels that something can happen to help the homeless. Mayor Pro Tem Lambert asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: BLANCHE WILLIAMS, wrote regarding her concerns for the homeless people in the community and how she has been visiting with them and trying to help them, what she has seen and experienced, and feels that Los Banos needs to have a let’s help attitude and do all that we can do to help the situation for all. 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 item 7F – City Council Resolution No. 6575 – Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance for presentation and separate vote. Motion by Lewis, seconded by LLamas to approve the consent agenda, with the removal of 7F - City Council Resolution No. 6575 – Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On- Call Striping and Marking Maintenance, as follows: Check Register for #235577 - #235741 in the Amount of $688,005.12; Minutes for the October 5, 2022 City Council Meeting; City Council Resolution No. 6572 – 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. 6573 – Awarding the Bid for the Purchase of Two (2) New 2022/2023 One-Ton Model Medium Duty Utility Trucks with Lift Gate; Authorize the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in the Amount of $157,890.00; City Council Resolution No. 6574 – Awarding the Bid for the Purchase of Four (4) New 2022/2023 Three-Quarter Ton Model Medium Duty Utility Trucks with Lift Gate; Authorize the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in the Amount of $309,820.00 and Amend the Budget for Fiscal Year 2022/2023 as it Pertains to Expenditures; City Council Resolution No. 6575 – Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance. The motion carried by the affirmative action of all Council Members present. City Council Resolution No. 6575 – Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance. Council Member Lewis inquired as to if this is only company who does this type of work for which Public Works Director/City Engineer Than responded that yes this was the only bid received. Council Member Lewis wanted clarification on the effective date of November 2, 2022 and the start date of the agreement, and the part of the agreement about painting curbs by fire hydrants and how we do not paint curbs in residential areas and if we will be starting painting curbs for with Public Works Director/City Engineer Than that this will allow staff to repaint when needed and but there is no plan to paint all other curbs red near fire hydrants in residential areas. Motion by Lewis, seconded by LLamas to adopt City Council Resolution No. 6575 – Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance. The motion carried by the affirmative action of all Council Members present. UPDATE ON CITY OF LOS BANOS RECYCLED WATER EFFORTS. Interim City Manager Wellman presented the staff report and introduced Ric Ortega Grasslands Water District, Chris White, Tony Whitehurst, Austin Ewell who were in attendance, and spoke to how he has been having exploratory conversations regarding water and strategies that we might employee to benefit all parties. Public Works Director/City Engineer Than explained the CCID District Map that shows the water system and the Grassland Water District Map. Chris White came forward to speak and spoke to his history with Los Banos and CCID and to the opportunity here is Los Banos to provide a water balance for the City. Ric Ortega came forward to speak and stated that there are exciting opportunities in Los Banos, especially storm water, recharge, wastewater treatment There was Council Member and staff discussion regarding the growth in our community and the water drought we are going through, and any talk about how long the State will let us walk in our current situation. Austin Ewell came forward to speak and explained his experience with evaluating current facilities and how he has had successful projects and what the next steps might be for Los Banos. Tony Whitehurst came forward to speak and thanked the City Council and Interim City Manager for being brave and bold enough to look into these water concerns and the wonderful partnership and opportunity being presented to the City of Los Banos Informational item only, no action taken. CITY MANAGER REPORT. Interim City Manager Wellman introduced the new Fire Chief, Paul Tualla, who started yesterday, November 1, 2022 and thanked Police Commander Ray Reyna for the work he did prior to his arrival as Acting Fire Chief and noted how much the Fire Department appreciated him being around and the leadership his provided. LOS BANOS URBAN FOREST MANAGEMENT PLAN; CITY COUNCIL RESOLUTION NO. 6576 – ADOPTING THE LOS BANOS URBAN FOREST MANAGEMENT PLAN. Public Works Director/City Engineer presented the staff report and turned it over to Parks & Recreation Operations Manager Heim who in turned introduced Chris Peiffer, Project Manager with PanITGEO who spoke in more detail to the Los Banos Urban Forest Management Plan, which included a PowerPoint presentation. There was Council Member and staff discussion regarding the evaluation of the tree canopy in Los Banos, if there are some trees being recommended to take off our list, public planting and how this will relate to our residents, and how the plan provides long- term goals and guidelines. Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6576 – Adopting the Los Banos Urban Forest Management Plan. The motion carried by the affirmative action of all Council Members present. PIONEER ROAD PROJECT UPDATE. Public Works Director/City Engineer Than presented the staff report, introduced Ed Noriega consultant with Mart Thomas who spoke in more detail to the project, which included a PowerPoint presentation. There was Council Member and staff discussion regarding why wouldn’t we build a 4 lane section all the way through, concerns with building a 2 lane facility and then needing to add more lanes to it not making sense, how we have the right of way and if need we can get the developers to start paying their share and expand from 2 lanes to 4 lanes, 2 lanes will be easier to maintain, what funding has been secured so far, how the 2 lanes will bear the traffic and if we have 4 we can spread the traffic and spread the life span of the lanes, how the funds we have now will get us through Phase 2 and we do not have the money for the design phase, if we are in position to maintain the funds given to us from MCAG, and on the environmental phase would anything change the design stage. Motion by Lewis, seconded by LLamas to accept the report and rebrand the project name from Pioneer Road Widening Project to Pioneer Road Complete Streets Project. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ADOPTION OF THE ANNEXATION ORDINANCE; ORDINANCE NO. 1201 – ADOPTING AN ANNEXATION ORDINANCE AND RELATED AMENDMENTS TO TITLE 9, CHAPTER 3, OF THE LOS BANOS MUNICIPAL CODE (SECOND READING & ADOPTION). Community & Economic Development Director Souza Elms presented the staff report. Motion by Jones, seconded by Lewis to waive the second 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 Jones, seconded by Lewis to adopt 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. TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2022-06 TO ALLOW THE USE OF A TYPE 20 ALCOHOL LICENSE FOR THE OFF-SALE OF BEER AND WINE FOR A CONVENIENCE MARKET TO BE LOCATED AT THE NORTHEAST CORNER OF WARD ROAD AND PACHECO BOULEVARD, APN 084-020-032; CITY COUNCIL RESOLUTION NO. 6577 – APPROVING CONDITIONAL USE PERMIT #2022-06 TO ALLOW FOR THE OFF- SALE OF BEER AND WINE UNDER A TYPE 20 ALCOHOL LICENSE FOR LEGACY REALTY AND DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF E. PACHECO BOULEVARD AND WARD ROAD, APN 084-020-032. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. There was Council Member and staff discussion regarding how long staff has been working with this applicant. Applicant representative Trevor Beale came forward to speak on the project specifics. 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. 6577 – Approving Conditional Use Permit #2022-06 to Allow for the Off-Sale of Beer and Wine Under a Type 20 Alcohol License for Legacy Realty and Development Located at the Northeast Corner of E. Pacheco Boulevard and Ward Road, APN 084-020-032. The motion carried by the affirmative action of all Council Members present. LANDSCAPE MAINTENANCE SERVICES AND FISCAL IMPACT REVIEW. Public Works Director/City Engineer Than presented the staff report and deferred to Parks & Recreation Operations Manage Heim who spoke in more detail, which included a PowerPoint presentation. There was Council Member and staff discussion regarding if we build a new park how will the maintenance be accounted for, quick financial picture of Landscaping & Lighting Districts (LLDs) and how they work, thoughts to trim back aeration, estimate for trimming trees at about $800 a tree, how this will encroachment on the general fund might and what it will do to the other levels of service we provide especially in public safety, if Council will be getting all RFPs to review, replacement of irrigation and why are we not moving towards drip irrigation in planter beds and around the trees, how rates for the LLDs are set, thoughts of having an approved landscape design company to work on an as needed basis and use them to make sure we are getting what we need and still have the beautification of our city, if there is another model that might be better than this and not have the general fund absorb so much cost overruns, complaints when we do biweekly mowing or mulching and it makes it hard for kids to play in the grass in the summer, how the linear park/fly-over is used for recreation and we do have bogg areas in there and they need to be taken care of, impact to the individual ratepayer and concern that this will take it too far, if we go forward with this we need to make sure the ratepayers get the service they are paying for, the need to re-evaluate the RFP. Motion by Jones, seconded by LLamas to direct staff to re-issue the RFP with a basic scope and oversight and with extra options to add on. The motion carried by the affirmative action of all Council Members present. AG SPORTS COMPLEX RESTROOM/CONCESSION BUILDING PROJECT UPDATE. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation. Informational item only, no action taken. COUNCIL MEMBER REQUEST REGARDING THE HOMELESS ENCAMPMENT (COUNCIL MEMBER LEWIS). Council Member Lewis spoke to the history of the homeless encampment, her concern for the community that lives near the encampment, and how a lot of the homeless people are not wanting to be housed, how it disturbs her when she hears people pleading for help and attention to their situation, how we didn’t go through a process when placing the encampment, we need to find a solution and what are we going to do for these residents who feel we don’t care about them and now feel threatened, the treatment needed for the mentally ill homeless people is not available in our county and asked her fellow Council Members what are we going to do about all this. There was Council Member and staff discussion regarding this whole situation being very distressing and concerning to have the folks keep coming back and telling us the horrible things they are experiencing, would like for staff to give us alternatives to put the encampment on other city property as the best possible solution, we need to provide these residents relief and they deserve it, we need to finalize the report and take some action, commends the Police Department for the job they are doing, it is a dangerous and stressful situation, concerns for the long term health affects it is having on the residents there, convert a hotel or create tiny homes, would like to see Merced County give additional assistance to Los Banos, Continuum of Care and how they are having a meeting tomorrow, how it seems like if there was alternative sites staff would have brought them forth, how it has gone downhill a lot because because it is a manpower issue and management issue, staff has met this past week on an alternative to create a way to take this away from sworn personnel and looking at a full time person, the need to be more proactive but we need the manpower to do that, thoughts to set up a camera to catch people doing unlawful things, how there are 15 people currently at the encampment, how disbanding the encampment will not make the problems go away, thoughts of having a noncommissioned officer work throughout the night patrolling the area, partnering with the Merced County Rescue Mission, wishing that those who have issues would stay through the meeting to hear what we are talking about in regards to homeless issues, thoughts of putting together an adhoc committee to come up with solutions, and the county is not giving them the mental services they need and deserve. Interim City Manager Wellman suggested that we put the homeless item at the beginning of the agenda next time so that all can hear the discussion, there has been discussion to add personnel to deal with this, and spoke to the importance to note the different types of homeless people. Motion by Lewis, seconded by LLamas to look into another location or leave it where it is with cameras and other things and bring this item back for update and discussion at the December 7, 2022 meeting. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (Two Reports) Community & Economic Development Director Souza Elms reported that there will be two Public Hearings at the Planning Commission on November 9, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-19 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Graciela Tapia dba Paleteria Tapia and a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-12 to allow the operation of a mobile food vending vehicle on private property for Rosalva Oregon Maciel dba Tacos Valentina. The subject property is located within the Highway Commercial Zoning District at 830 I St., more specifically identified as Assessor's Parcel Number: 026-143-002,003. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Council Member Lewis spoke regarding the last MCAG meeting regarding the JPA that expires in 2023, the make-up of the JPA and how the agreement that was worked out wasn’t acceptable in some situations by all of the cities, it was agreed upon that all of the city attorneys and county counsel will come together to work with the cities to figure out what will work and clean up language for which the City Attorney responded to and explained. She hopes that the new Mayor will bring important items to City Council so that we are aware of what is going on with the different organizations that we belong to. She spoke to the San Joaquin Valley Air Pollution Control District that she represents the City on and how they have a lot of federal money, state money and a new allocation of money for buses for school districts that are available on a first come, first serve basis. CITY COUNCIL MEMBER REPORTS. BRETT JONES: Posed a question to Council Member LLamas in your candidate statement that was published in the newspaper you talk about special interests such has housing developers who have hand selected candidates and fund their campaigns and asked him to elaborate for which he did not. DEBORAH LEWIS: Recommended that all of us who sit on committees should be able to give a report and feels that it is appropriate that we hear from anyone who sits on a committee to make reports so that we all know what is going on. REFUGIO LLAMAS: Thanked Parks & Recreation Operations Manager Heim and the Parks & Recreation staff for everything they are doing for the community, like the trunk and treat events. KENNETH LAMBERT: Thanked all the presenters tonight, speakers and all the staff, glad to have you here at your first meeting Fire Chief Tualla. 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. The meeting at 12:10 a.m. APPROVED: /s/ Kenneth Lambert_________ Kenneth Lambert, Mayor Pro Tem ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk