City Council Meeting
Regular MeetingLos Banos, CA · December 7, 2022
Minutes
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
DECEMBER 7, 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.
** Holiday Open House held prior to the meeting from 4:30 p.m. to 6:00 p.m.
CALL TO ORDER: Mayor Pro Tem Lambert called the City Council Meeting to order at the
hour of 6:03 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/Finance Manager 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
item 9 – Certificates of Recognition is being moved up on the agenda to be presented next,
before item 5 – Consideration of Certification of Votes of Municipal Election, November 8,
2022.
Motion by Jones, seconded by LLamas to approve the agenda as amended, with the moving
of item 9 – Certificates of Recognition to be moved up on the agenda to be presented next,
before item 5 – Consideration of Certification of Votes of Municipal Election, November 8,
2022. The motion carried by the affirmative action of all Council Members present.
CERTIFICATES OF RECOGNITION – JUSTIN RAGUNTON – PLANNING TECHNICIAN,
CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR NOVEMBER 2022; ALYSSHA
MCCLENDON – IN RECOGNITION OF HER SELFLESSNESS AND ACTS OF KINDNESS
SHE SPREADS AROUND OUR COMMUNITY. Mayor Pro Tem Lambert presented and
read the Certificates of Recognition to Justin Ragunton and Alyssha McClendon who were
in attendance to accept.
CONSIDERATION OF CERTIFICATION OF VOTES OF MUNICIPAL ELECTION,
NOVEMBER 8, 2022; CITY COUNCIL RESOLUTION NO. 6589 – CERTIFYING RESULTS
OF THE MERCED COUNTY GENERAL ELECTION HELD IN THE CITY OF LOS BANOS
ON NOVEMBER 8, 2022 AS IT PERTAINS TO THE ELECTION OF THE MAYOR, CITY
COUNCIL MEMBERS FOR DISTRICTS 2 & 3, AND CITY CLERK. Motion by Jones,
seconded by Lewis to adopt City Council Resolution No. 6589 – Certifying Results of the
Merced County General Election Held in the City of Los Banos on November 8, 2022 as it
Pertains to the Election of the Mayor, City Council Members for Districts 2 & 3, and City
Clerk. The motion carried by the affirmative action of all Council Members present.
ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS. MAYOR PAUL
LLANEZ, COUNCIL MEMBER DOUGLAS SCOTT BEGONIA, JR. – DISTRICT 2 AND
COUNCIL MEMBER BRETT JONES – DISTRICT 3. City Clerk Mallonee administered the
oaths of office to Mayor Paul Llanez, Council Member Douglas Scott Begonia, Jr. – District
2 and Council Member Brett Jones – District 3.
ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth
Lambert, Douglas Begonia, Jr., Brett Jones, Deborah Lewis, Paul Llanez; ABSENT: None.
PRESENTATIONS: CITY COUNCIL RESOLUTION NO. 6590 – A RESOLUTION OF
COMMENDATION TO REFUGIO LLAMAS; CITY COUNCIL RESOLUTION NO. 6591 – A
RESOLUTION OF COMMENDATION TO KIMBERLY ANN TOMAS. Motion by Lambert,
seconded by Lewis to adopt City Council Resolution No. 6590 – A Resolution of
Commendation to Refugio LLamas. The motion carried by the affirmative action of all
Council Members present. Mayor Llanez read and presented the resolution to Mr. LLamas
who was in attendance to accept.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6591 – A
Resolution of Commendation to Kimberly Ann Tomas. The motion carried by the affirmative
action of all Council Members present. Mayor Llanez read and presented the result to Mr.
Tomas who was in attendance to accept.
REORGANIZATION OF CITY COUNCIL – SELECTION OF MAYOR PRO TEM. Motion by
Llanez, seconded by Jones to appointment Council Member Kenneth Lambert as Mayor Pro
Tem. 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 Llanez opened the public forum and asked
those at the meeting if they would like to speak. JIM VALENTINE, Los Banos Kiwanis Club,
spoke regarding the upcoming Christmas Eve Dinner being held on December 24, 2022
from 11am to 2 pm at Fire Station #1, the history behind the annual event and welcomed
any help that day from the community; TODD CRAIGER, spoke regarding his history with
the City of Los Banos and speaking to the City Council regarding Mayor Paul Llanez and
then presented Mayor Llanez with a Fresno Grizzlies jersey and a baseball bat in celebration
of his election to Mayor of Los Banos; CRYSTAL WILSON, with Valley Spring Medical Care,
introduced herself and stated how excited they are to be part of the community, how they
are only hiring local and anything they can do to please let them know; TONY
WHITEHURST, Los Banos Chamber of Commerce, spoke to the pride and gratitude for the
help with the Annual Christmas Parade and the cooperation with the weather, and how
appreciative he is to City staff and all those who helped us put it all together, thanked the
City for their ongoing support of the Chamber of Commerce and helping us develop a plan
to better our organization and the local businesses, wished all a Merry Christmas and
thanked the Chamber of Commerce members in attendance for all their support; KATHY
BALLARD, thanked the City for all they do to help the Chamber of Commerce and all the
businesses in town.
Mayor Llanez 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: MARIA SALINAS, lives at the Rancho Los Banos Mobile Home Park and
wrote regarding her concerns with the homeless encampment and urged the City to relocate
it to another location; CHANDRA LEWIS wrote that Rancho Los Banos Mobile Home Park
conducted a survey regarding their concerns with the homeless encampment near their
them and spoke regarding her concerns and then forwarded by email the surveys which are
on file with the City Clerk from: Mike Buckley, Thomas & Anna Denham, Crystal Martinez,
Penny Baker, Anonymous Tenant A404, Jeff Bach, Anonymous Tenant A406, Anonymous
Tenant A407, Katherine Lawrence Tenant A408, Anonymous Tenant A409, LaDonna Perry,
Anonymous Tenant A411, Minerva Rodriguez, Anonymous Tenant A414, Anthony Lovato,
Anonymous Tenant A416, Anonymous Tenant A417, Anonymous Tenant A418, Mary
Jimenez, Rosa Ozo, Anonymous Tenant A421, Anonymous Tenant A423, Anonymous
Tenant A424, Anonymous Tenant A425, Anonymous Tenant A426, Anonymous Tenant
A428, Anonymous Tenant A429, Anonymous Tenant A430, Anonymous Tenant A431,
Anonymous Tenant A422, Anonymous Tenant A427, Anonymous Tenant A412, Council
Member Lewis asked the City Clerk to read all the additional written in comments on each
form, for which the City Clerk did. Police Sergeant Mendez read the Spanish language
complaints into the record. No one else came forward to speak and the public forum was
closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis
asked to remove item H – City Council Resolution No. 6594 – Authorizing Award of Contract
to AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of
$4,756 for the Pavement Survey and Pavement Management System Implementation and
Adopting a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund
for discussion and approval.
Check Register for #235935 - #236374 in the Amount of $716,578.82; Minutes for the
October 19, 2022 City Council Meeting; Minutes for the November 2, 2022 City Council
Meeting; Minutes for the November 16, 2022 City Council Meeting; Measure P Oversight
Committee Report; City Council Resolution No. 6592 – 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. 6593 – Approving Acceptance of a UC
Davis Spay Neuter Grant in the Amount of $50,000 and Amending the 2022/2023 Fiscal
Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the
Amount of $50,000; City Council Resolution No. 6594 – Authorizing Award of Contract to
AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of $4,756
for the Pavement Survey and Pavement Management System Implementation and Adopting
a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund; City
Council Resolution No. 6595 – Adopting a Revised Budget for the 2022/2023 Fiscal Year as
it Pertains to Increasing Expenditures in the Fire Department Uniforms Account in the
Amount of $6,635; City Council Resolution No. 6596 – Adopting a Revised Budget for the
2022/2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire Department
Recruitment Account in the Amount of $4,650. The motion carried by the affirmative action
of all Council Members present.
City Council Resolution No. 6594 – Authorizing Award of Contract to AMS Consulting in the
Amount of $47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement
Survey and Pavement Management System Implementation and Adopting a Revised
Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund. Council Member
Lewis – inquired as to the budgeted amount and would like an explanation for the increase
for which Public Works Director/City Engineer Than responded.
Motion by Lewis, seconded by Begonia to approve City Council Resolution No. City Council
Resolution No. 6594 – Authorizing Award of Contract to AMS Consulting in the Amount of
$47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement Survey and
Pavement Management System Implementation and Adopting a Revised Budget for the
Fiscal Year 2022/2023 as it Pertains to the Streets Fund. The motion carried by the
affirmative action of all Council Members present.
COUNCIL MEMBER REQUEST REGARDING THE HOMELESS ENCAMPMENT
(COUNCIL MEMBER LEWIS) (CONTINUED FROM THE NOVEMBER 2, 2022 MEETING).
Police Commander Reyna presented the staff report, which included a PowerPoint
presentation.
There was Council Member and staff discussion regarding
Mayor Llanez inquired as to the last known total of homeless people in the community, which
was stated to be around 120.
Council Member Lewis spoke to how Option 1 is quite expensive, we don’t know how long
the cameras will last and if they will be destroyed, destruction to the wall along with the costs
that the city has incurred with the fence, not a viable alternative for $140,000, putting the
funds into buying a hotel to turn into a homeless shelter, why we are allowing the senior
citizens to feel unsafe at the mobile home because of the homeless encampment,
recommendation to disband it and quickly work on other options to get places for homeless
people to live. She spoke to a homeless shelter in Santa Barbara that was built and there
were strict requirements and guidelines to be able to live there, and then they also had a
motel for the next level of people, she feels we have got to come up with something better,
we can’t change people’s minds, and there is not a lot of mental health treatment available
in California, possibility of purchasing a hotel is the most viable way and least costly way to
get people off the street, doesn’t feel that spending money to on the current situation is the
right thing to do, we have to figure out a way to help the situation, start having workshops.
Council Member Lambert spoke to how he deals with this at his business because his
business is on the rail trail and how the homeless are going to be a problem wherever we
go, they don’t want to leave the current location, if we disband it they will stay there, feels
that cameras are a good idea and the security guard is too expensive, would rather see
containers than a motel, would rather like to see improvements done out there, and he is for
not shutting it down. He added that the idea of a shelter is something he supports, he
inquired as to how long is that process, what are we going to do the meantime, we are going
to have to grant write every year, we are going to have to manage all this and come up with
a solution now, he feels closing the shelter will cause problems.
Council Member Jones spoke to how frustrating this is, earlier this year it was a well-
managed item, middle of the year it started falling apart, he is not on board for spending any
money on it, need to figure out a better plan, not sure if a motel is a smart idea. He inquired
as to what it would look like to close the current encampment for which Police Commander
Reyna explained what would happen. Council Member Jones inquired as to what are we
going to do to keep them out of the area for which Police Commander Reyna explained what
would happen. Thoughts as to if we are we asking staff to continue with what we are
currently doing until we can figure out something else to do
Mayor Llanez spoke to the number of homeless we are dealing with, instead of moving the
problem we need to face the problem, they are people, we need a shelter that is run correctly
with programs, with enough beds and fix the municipal code to address those committing
crimes, how Option 3 is the option that works for him, he supports closing the current
encampment and work with staff on building a homeless shelter. He feels currently there
are no consequences, need to build a plan and program that works to address all these
issues. He added that it is important for the community to understand the positives, we have
to take this one step at a time, would like to see us make a selection tonight.
Interim Finance Director Kuhn stated that the City is going through the process of developing
timelines for every project and coming up with plans, this would be a 12 month to 2 year
process, we are trying to present everything we have identified and having a clear picture of
what is all coming ahead, spoke to grant writing and how it is competitive and all that comes
with something like this.
Interim Finance Director Wellman stated that it is a matter of being relentless, and really
meeting human needs and explained the different types of homeless, the two new positions
in the process of being developed and will be on my desk for approval, should have more
information for you at a future meeting.
Council Member Begonia stated that he sees more homeless outside the encampment then
in it, we will level it and they will be back, how it is in my district, he feels it is a start, hopefully
it works out and he does see them coming right back.
Motion by Lewis, seconded by Lambert to go with Option 3, close the current Rail-Trail
Encampment and absorb the current population of approximately 15-20 adults back intot he
community. The motion carried by the affirmative action of all Council Members present,
Lambert voting No.
AMERICAN RESCUE PLAN ACT (ARPA) PROPOSED CHANGES TO SPENDING PLAN
AS IT RELATES TO THE RAD CARD PROGRAM, SMALL BUSINESSES, AND NON-
PROFIT ASSISTANCE PROGRAM; CITY COUNCIL RESOLUTION NO. 6597 –
AUTHORIZING A CHANGE TO ARPA SPENDING PLAN. Council Member Lambert stated
that he is recusing himself from this item due to a conflict of interest and left his seat at the
dais and the Council Chambers.
Interim Finance Director Kuhn presented the staff report, which included a PowerPoint
presentation.
There was Council Member and staff discussion regarding the cap out amount of $50,000
and the through process of recommending that amount, how it starts off as a loan and then
turns into a grant to insure the money helps the business keep going and there is criteria
that will have to be met and compliance requirements for the first 4 months, the process of
outlining the criteria instead of a revenue replacement base, sharing the criteria with Council
once it is finalized, how the non-profits will fit in to the criteria and how they fit in to the RAD
Program for which Interim Finance Director Kuhn, how a lot of businesses in our downtown
area are renting from an owner and will that be considered, thoughts that $50,000 is high
and wanting to see $25,000 in the first cycle but in case it’s not all used up and do a second
funding cycle for those who have already applied if funds area available, what indicators are
you going to judge the success of this and/or go back to the drawing board for which Interim
Finance Director Kuhn explained that he was thinking a 6-7 month cycle and we can come
back and figure out if it is a success or not and explained the general criteria concept again
that staff is working on.
Motion by Jones, seconded by Lewis to adopt City Council Resolution No. 6597 –
Authorizing a Change to ARPA Spending Plan, with a $25,000 cap. The motion carried by
the affirmative action of all Council Members present, Lambert absent.
Council Lambert returned to the Council Chambers and his seat at the dais.
ADOPTION OF A RESOLUTION APPROVING THE LOW IMPACT DEVELOPMENT
STANDARDS PLAN; CITY COUNCIL RESOLUTION NO. 6598 – ADOPTING THE POST
CONSTRUCTION STORMWATER LOW IMPACT DEVELOPMENT STANDARDS PLAN.
Public Works Director/City Engineer Than presented the staff report, introducing Gretchen
Heisdorg, Project Manager with Provost & Pritchard Consulting Group, who spoke in more
detail, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding if this would apply to residential,
if it’s citywide, and only for those building something new.
Interim City Manager Wellman stated that he has particular interest in water, wastewater,
stormwater having run 3 water districts in the past, what he hears is that the flushing through
aquifers may have a positive effect on levels of chrom 6, arsenic, etc for which Ms. Heisdorg
stated that blended water source is a great benefit.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6598 –
Adopting the Post Construction Stormwater Low Impact Development Standards Plan. The
motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF FILLING CITY TREASURER VACANCY BY APPOINTMENT OR
CALL FOR SPECIAL ELECTION. Interim Finance Director Kuhn and City Attorney Vaughn
presented the staff report.
There was Council Member and staff discussion regarding city treasurer responsibilities,
current laws impose special duties and experience, if we go with the application process
and we don’t have applicants that meet the criteria, what happens for which Interim Finance
Director stated that he can bring them up to speed if they have a simple banking knowledge,
if we do not find someone we will default to a special election.
Interim City Manager Wellman spoke to his experience with another city some years ago
regarding unsigned treasurer reports and how cash had not been reconciled and end results
had police and fire working furlough days, but he is confident in Kuhn’s capabilities. Interim
Finance Director Kuhn stated that the Finance Department does balance cash every month,
and spoke to the City’s investments and his ideas for other financing ideas.
Motion by Lambert, seconded by Begonia to fill the City Treasurer vacancy by appointment
and advertise the as presented by staff. The motion carried by the affirmative action of all
Council Members present.
APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON THE SELECTION
COMMITTEES FOR THE FOLLOWING 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 – THREE (3) VACANCIES, THREE (3) THREE (3) YEAR
TERMS – EXPIRING DECEMBER 31, 2025; 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. Motion by Llanez, seconded by Jones
to appoint Council Member Lambert to serve with the Mayor on the Selection Committee for
the Airport Advisory Commission. The motion carried by the affirmative action of all Council
Members present
Motion by Llanez, seconded by Jones to appoint Council Member Begonia to serve with the
Mayor on the Selection Committee for the Measure H Committee. The motion carried by
the affirmative action of all Council Members present
Motion by Llanez, seconded by Jones to appoint Council Member Lewis to serve with the
Mayor on the Selection Committee for the Parks & Recreation Commission. The motion
carried by the affirmative action of all Council Members present
Motion by Llanez, seconded by Jones to appoint Council Member Lewis to serve with the
Mayor on the Selection Committee for the Tree Commission. The motion carried by the
affirmative action of all Council Members present
CONSIDERATION OF THE CANCELLATION OF THE REGULAR CITY COUNCIL
MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2022 DUE TO THE
HOLIDAY SEASON. Motion by Lewis, seconded by Lambert to cancel the December 21,
2022 City Council Meeting due to the Holiday Season. The motion carried by the affirmative
action of all Council Members present
ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic
Development Director Souza Elms reported that there will be three Public Hearings at the
Planning Commission on December 14, 2022 to consider a Categorical Exemption from the
California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-20
to allow the operation of a mobile food vending vehicle on private property for Ana Karen
Ordonez dba Mariscos El Aguachilense located at 402 Washington Avenue; a Categorical
Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor
Permit #2022-27 to allow the operation of a mobile food vending vehicle on private property
for Teodomiro Gomez dba El Sabor De Mi Rancho located at 726 I Street; and Conditional
Use Permit #2022-11 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, Noodles
Pho U located at 435 W. Pacheco Boulevard.
CITY MANAGER REPORT. Interim City Manager Wellman stated that 5 months have gone
by in a blink of an eye, it has been fun and he will miss all of you.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Council
Member Lewis stated that at the last MCAG meeting the cycle 3 funding for the Pioneer
Road improvement was not used by the City of Los Banos, she was told that the money was
in jeopardy, our former City Manager was notified of the jeopardy of this money and was
meeting with staff regularly about the money and we did not finish our CEQA process, so
they reallocated the money to Merced side, even though we recently had a meeting in the
Council Chambers to relcass that money and give it a different name Pioneer Street
Completion Project, we have lost the $1.6 million for this project and won’t be getting it back
and is a big loss to our city, noting how hard staff has worked hard to get this funding through
Measure V.
CITY COUNCIL MEMBER REPORTS.
KENNETH LAMBERT: Congratulated our new members Council Member Doug Begonia
and Mayor Paul Llanez and looks forwarding to working with you.
DOUGLAS BEGONIA, JR.: Stated that he is excited and honored to be up here with all of
you, look forward to working for this City and with the citizens.
BRETT JONES: Welcomed new Mayor Llanez and Council Member Doug Begonia, great
to see you up here.
DEBORAH LEWIS: Congratulations to our new Council Member and Mayor on your
election and she looks forward to working with you; thanked Council Member LLamas for
his dedication and service to the city, she made note that today was Pearl Harbor Day and
the importance in that catapulted us into WWII. Thanked Fire Captain Daniel Freeman and
Fire Chief for giving us a ride in the fire truck in the Christmas parade, yesterday IHOP
opened and there will be a planned event with a ribbon cutting with the city and the chamber
in attendance. She requested that with the ARPA money if there is any additional funds that
it would go towards the animal shelter and making things better.
PAUL LLANEZ: Thanked some special guests who joined us tonight, how his job is unity
and he is here to bring them all together, to city staff he stated that he is here to support you,
thanked the Council and you have his respect, but his job is to communicate to the
community to work together, and he thanked his wife and kids for joining us tonight.
CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B):
(ONE POTENTIAL CASE). No reportable action.
PUBLIC EMPLOYMENT, TITLE: INTERIM CITY MANAGER, PURSUANT TO
GOVERNMENT CODE SECTION 54957. No reportable action.
PUBLIC EMPLOYMENT – CITY MANAGER (RECRUITMENT), PURSUANT TO
GOVERNMENT CODE SECTION 54957. No reportable action.
ADJOURNMENT. The meeting was adjourned at 10:32 p.m.
APPROVED:
/s/ Paul Llanez_____________
Paul Llanez, Mayor
ATTEST:
/s/ Lucille L. Mallonee_________
Lucille L. Mallonee, City Clerk
Agenda
LOs Banos
At the Crossroads OJ California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
DECEMBER 7, 2022 - 6:00 PM
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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. Ii
!
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. i
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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.
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Cua/quier escritura o /os documentos proporcionaron a una mayoria def Ayuntamiento
respecto a cualquier artfcu/o en este orden def dia sera hecho disponible para la
inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall,
520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos
. . . . . . . . . . . . . . . . .~~=.~~.?.. ~:~. ~~~nciados...:~..:!..~=~~~~:. ~:. !.~. .~~~~~.~. :.?.. ~:!.?..~~.~~?.~:.?.'..?. :. . . . . . . . . .... .. . . . :
HOLIDAY OPEN HOUSE 4:30 PM!
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1. CALL TO ORDER- December 7, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
Los Banos City Council Agenda - December 7, 2022 Page 1 of6
3. ROLL CALL: (City Council Members)
__ Kenneth Lambert- District 1 / Mayor Pro Tern
__ Refugio Llamas - District 2
Brett Jones - District 3
Deborah Lewis - District 4
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. CONSIDERATION OF CERTIFICATION OF VOTES OF MUNICIPAL ELECTION,
NOVEMBER 8, 2022.
A. City Council Resolution No. 6589 - Certifying Results of the Merced County
General Election Held in the City of Los Banos on November 8, 2022 as it
Pertains to the Election of the Mayor, City Council Members for Districts 2 &
3, and City Clerk.
Recommendation: Adopt the resolution as submitted.
6. ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS.
A. Mayor Paul Llanez, Council Member Douglas Scott Begonia, Jr. - District 2
and Council Member Brett Jones - District 3
7. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
__ Douglas Begonia, Jr. - District 2
Brett Jones - District 3
Deborah Lewis - District 4
__ Paul Llanez - Mayor
8. PRESENTATIONS.
A. City Council Resolution No. 6590 - A Resolution of Commendation to Refugio
Llamas.
Recommendation: Adopt the resolution as submitted.
8. City Council Resolution No. 6591 - A Resolution of Commendation to
Kimberly Ann Tomas.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - December 7, 2022 Page 2 of6
9. CERTIFICATES OF RECOGNITION.
A. Justin Ragunton - Planning Technician, City of Los Banos Employee of the
Month for November 2022.
B. Alyssha McClendon - In Recognition of Her Selflessness and Acts of
Kindness She Spreads Around Our Community.
10. REORGANIZATION OF CITY COUNCIL-SELECTION OF MAYOR PRO TEM.
Recommendation: Selection made by the consensus of the City Council.
11. 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.)
12. 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 #235935 - #23637 4 in the Amount of $716,578.82.
Recommendation: Approve the check register as submitted.
B. Minutes for the October 19, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the November 2, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. Minutes for the November 16, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
E. Measure P Oversight Committee Report.
Recommendation: Accept the report as submitted.
F. City Council Resolution No. 6592 - Reauthorizing Remote Teleconference
Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the
Provisions of AB 361.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6593 - Approving Acceptance of a UC Davis
Spay Neuter Grant in the Amount of $50,000 and Amending the 2022/2023
Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures
and Revenues in the Amount of $50,000.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - December 7, 2022 Page 3 of6
H. City Council Resolution No. 6594 - Authorizing Award of Contract to AMS
Consulting in the Amount of $47,560 with a 10% Contingency in the Amount
of $4,756 for the Pavement Survey and Pavement Management System
Implementation and Adopting a Revised Budget for the Fiscal Year
2022/2023 as it Pertains to the Streets Fund.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6595 - Adopting a Revised Budget for the
2022/2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire
Department Uniforms Account in the Amount of $6,635.
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6596 - Adopting a Revised Budget for the
2022/2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire
Department Recruitment Account in the Amount of $4,650.
Recommendation: Adopt the resolution as submitted.
13. COUNCIL MEMBER REQUEST REGARDING THE HOMELESS ENCAMPMENT
(Council Member Lewis). (Continued from the November 2, 2022 Meeting)
Recommendation: Discussion and direction from the City Council on how to proceed.
14. AMERICAN RESCUE PLAN ACT (ARPA) PROPOSED CHANGES TO
SPENDING PLAN AS IT RELATES TO THE RAD CARD PROGRAM, SMALL
BUSINESSES, AND NON-PROFIT ASSISTANCE PROGRAM.
A. City Council Resolution No. 6597 -Authorizing a Change to ARPA Spending
Plan.
Recommendation: Receive staff report and adopt the resolution as submitted.
15. ADOPTION OF A RESOLUTION APPROVING THE LOW IMPACT
DEVELOPMENT STANDARDS PLAN.
A. City Council Resolution No. 6598 - Adopting the Post Construction
Stormwater Low Impact Development Standards Plan.
Recommendation: Receive staff report and adopt the resolution as submitted.
16. CONSIDERATION OF FILLING CITY TREASURER VACANCY BY
APPOINTMENT OR CALL FOR SPECIAL ELECTION.
Recommendation: Receive staff report and direction from the City Council on how to proceed.
17. APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON THE SELECTION
COMMITTEES FOR THE FOLLOWING 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
Los Banos City Council Agenda - December 7, 2022 Page 4 of6
B. Measure H Citizens' Oversight Committee - Three (3) Vacancies
Three (3) Two (2) year Terms - Expiring December 31, 2024
C. Measure P Committee - Three (3) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2025
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: Appoint Council Member(s) to serve with the Mayor on the Selection
Committee(s) for each.
18. CONSIDERATION OF THE CANCELLATION OF THE REGULAR CITY COUNCIL
MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2022 DUE TO
THE HOLIDAY SEASON.
Recommendation: Discussion and direction from the City Council on how to proceed.
19. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.
20. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
21. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG), PENINSULA CLEAN ENERGY (PCE), SAN JOAQUIN VALLEY AIR
POLLUTION CONTROL DISTRICT (SJVAPCD), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
22. CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert - District 1
B. Douglas Begonia, Jr. - District 2
C. Brett Jones - District 3
D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
Los Banos City Council Agenda - December 7, 2022 Page 5 of6
23. CLOSED SESSION.
A. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure
to Litigation Pursuant to§ 54956.9(b): One Potential Case.
B. Public Employment, Title: Interim City Manager, Pursuant to Government
Code Section 54957.
C. Public Employment - City Manager (Recruitment), Pursuant to Government
Code Section 54957.
24. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
~ '-~'~ --/. ~
Lucille L. Mallonee, City Clerk Dated this 2nd day of December 2022
Los Banos City Council Agenda - December 7, 2022 Page 6of6
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