City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES MARCH 5, 2025 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 Lewis called the City Council Meeting to order at the hour of 6:10 p.m. PLEDGE OF ALLEGIANCE: Acting Police Chief Melden led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, District 1 – vacant; ABSENT: Mayor Michael Amabile STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, Acting Police Chief Melden, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Assistant Fire Chief Dorenbush, Public Works Director/City Engineer Bergson CONSIDERATION OF APPROVAL OF AGENDA: Motion by Chavez, seconded by Sanders to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Amabile absent. PRESENTATIONS; PROCLAMATION RECOGNIZING ARBOR DAY; CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR FEBRUARY 2025 – TRISHA SOVA, ADMIN CLERK I / COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT. Mayor Pro Tem Lewis presented the proclamation to Parks & Recreation Director Joe Heim who was in attendance to accept. Mayor Pro Tem Lewis presented the certificate to Trisha Sova who was in attendance to accept. 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 Lewis invited the public to come forward to speak. MARY HENNESS, Los Banos Resident, spoke regarding a project recently approved by the Merced County Planning Commission of a battery energy storage system (BESS) and how she is opposed to this project, mentioning the Moss Landing like project and the problems and issues associated with the project, she is concerned that no one in our city government knew anything about this, concerns too with how all the power generated will be going to San Jose and not Los Banos; BLANCHE JORGE, downtown resident, spoke to how the 4th of July is coming real soon and her concerns with illegal fireworks and how harmful they can be to residents, veterans, senior citizens and animals and would like city staff to come up with a plan to address the issue in the neighborhoods where this is happening, she would like to see detailed plans about what is legal and illegal and what the plans are to police the illegal fireworks, it’s even now carried on to other celebrations not just the 4th of July. No comments received by the city clerk. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Chavez, seconded by Sanders to approve the consent agenda as follows: Check Register for #249957 – #250351 in the Amount of $1,509,163.42; city Council Resolution No 6893 – Amending Division 4, Salary Schedule – Employee Classifications Relating to Changes to Sec. 4003, Section G – Police Sergeants; City Council Resolution No 6894 – Approving and Adopting Final Map No. 2015-01 Southpointe at Regency Park – Phase 11A and Accompanying Subdivision (Stonefield Home, Inc.). The motion carried by the affirmative action of all Council Members present, Amabile absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF AN ANNEXATION OF APPROXIMATELY 170-ACRES TO CONSTRUCT A BASIN FOR THE PURPOSES OF SURFACE AND STORM WATER CAPTURE AS WELL AS FOR INCIDENTAL GROUNDWATER RECHARGE. AS PART OF THE PROJECT, A GENERAL PLAN AMENDMENT IS PROPOSED TO CHANGE THE LAND USE DESIGNATION FROM AGRICULTURAL/RURAL TO CIVIC/INSTITUTION TO REFLECT THE INTENDED USE OF THE SITE AS A PUBLIC WATER MANAGEMENT FACILITY. ADDITIONALLY, THE PROPERTY IS PROPOSED TO BE PRE-ZONED AS PUBLIC FACILITY TO ALIGN WITH THE PLANNED USE. THE PROJECT SITE IS LOCATED ON MERCED COUNTY ASSESSOR’S PARCEL NUMBER(S): 082-020- 024, 424-010-004, AND 073-220-014; ORDINANCE NO. 1207 – AMENDING THE ZONING MAP TO PRE-ZONE APPROXIMATELY 170 ACRES LOCATED BETWEEN THE SAN LUIS CANAL AND THE SANTA FE CANAL, MERCED COUNTY, CALIFORNIA, FROM COUNTY GENERAL AGRICULTURAL (A-1) TO PUBLIC FACILITY (PF) TO BE ANNEXED INTO THE CITY OF LOS BANOS. Community & Economic Development Director Souza Elms presented the staff report. Mayor Pro Tem Lewis opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Sanders, seconded by Chavez to waive the second reading of Ordinance No. 1207 – Amending the Zoning Map to Pre-Zone Approximately 170 Acres Located between the San Luis Canal and the Santa Fe Canal, Merced County, California, From County General Agricultural (A-1) to Public Facility (PF) to be Annexed into the City of Los Banos. The motion carried by the affirmative action of all Council Members present, Amabile absent. Motion by Sanders, seconded by Chavez to adopt Ordinance No. 1207 – Amending the Zoning Map to Pre-Zone Approximately 170 Acres Located between the San Luis Canal and the Santa Fe Canal, Merced County, California, From County General Agricultural (A-1) to Public Facility (PF) to be Annexed into the City of Los Banos. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders; NOES: None; ABSENT: Amabile. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6895 – AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO THE LEASE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND THE CENTRAL CALIFORNIA IRRIGATION DISTRICT FOR THE ADDITION OF SOLAR LIGHTS ALONG THE H.G. FAWCETT CANAL TRAIL. Parks & Recreation Director Heim presented the staff report. Council Member Sanders inquired if this grant covers the whole cost of the project, for which Parks & Recreation Director Heim explained the cost and funding of the project. Council Member Lewis stated that this lease with CCID is only until 2029, are there any concerns that they won’t renew the lease with us, at first it was a 25 year lease and then a 10 year lease, do you anticipate that they will renew the lease and at what length and how did this get included in our Parks Master Plan for which Mr. Heim explained how the canal trail was included in the Park Master Plan and spoke to how we don’t own the canal property but he does anticipate that this relationship on the canal trail to continue as it has been a successful partnership and mutually beneficial in that we maintain the trail for CCID and our citizens use it, he spoke to the past renewals and why he thinks it was only renewed at 10 years, ideally we would like to keep the canal trail lease, and the City has invested in improvements. Ms. Lewis inquired as to if this will come back to Council with renditions of what it will look like and reminded him to be mindful of the residents that have homes and windows on the canal and to make sure that lights are not too bright or troublesome for any of the residents on the trail. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6895 – Authorizing the Interim City Manager to Execute Addendum No. 1 to the Lease Agreement between the City of Los Banos and the Central California Irrigation District for the Addition of Solar Lights Along the H.G. Fawcett Canal Trail. The motion carried by the affirmative action of all Council Members present, Amabile absent. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6896 – RESCINDING CITY COUNCIL RESOLUTION NO. 6678 – AS IT PERTAINS TO DIVISION 1, SEC. 1019 OF THE CITY’S POLICY & PROCEDURES MANUAL REGARDING AT-WILL MIDDLE MANAGERS. Human Resources Director Mallonee presented the staff report. Interim City Manager Brizzee giving an oral report for executive compensation made note that effective February 16, 2025, Middle Manager positions designated as at-will upon hire or promotion into the position on or after September 1, 2023 will no longer be designated at-will. Employees will be subject to probationary periods from date of hire or promotion as required by the personnel rules. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6896 – Rescinding City Council Resolution No. 6678 – As it Pertains to Division 1, Sec. 1019 of the City’s Policy & Procedures Manual Regarding At-Will Middle Manager. The motion carried by the affirmative action of all Council Members present, Amabile absent. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6897 – AMENDING DIVISION 5, PERSONNEL BENEFITS AS IT PERTAINS TO SEC. 5007 – PEACE OFFICERS STANDARDS AND TRAINING (POST) CERTIFICATE INCENTIVE PAY AND SEC. 5011 – ADMIN LEAVE FOR MANAGEMENT AND MIDDLE MANAGEMENT EMPLOYEES. Human Resources Director Mallonee presented the staff report. Interim City Manager Brizzee giving an oral report for executive compensation made note that effective February 16, 2025, certificate pay for a Police Chief who possesses a Peace Officer Standards and Training (POST) Advanced Certificate will increase from $225 per month to $400 per month; certificate pay for a Police Chief who possesses a POST Supervisory Certificate will increase from $275 per month to $500 per month; management leave for Department Heads will increase from 80 hours per year to 96 hours per year; management leave for Assistant Department Heads will increase from 40 hours per year to 48 hours per year. Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6897 – Amending Division 5, Personnel Benefits as it Pertains to Sec. 5007 – Peace Officers Standards and Training (POST) Certificate Incentive Pay and Sec. 5011 – Admin Leave for Management and Middle Management Employees. The motion carried by the affirmative action of all Council Members present, Amabile absent. APPOINTMENT OF MEMBERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION, ONE (1) TWO (2) YEAR TERM – EXPIRING DECEMBER 31, 2026; MEASURE H CITIZENS’ OVERSIGHT COMMITTEE, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2026. Motion by Chavez, second by Sanders to appoint Larry Leonardo to the Airport Advisory Commission to a Two (2) Year Terms – Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present, Amabile absent. Motion by Sanders, seconded by Chavez, to appoint Kathy Ballard & Refugio Llamas to the Measure H Citizens’ Oversight Committee to a Two (2) Year Term – Expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present, Amabile absent. ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT; REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: HUMAN RESOURCES DIRECTOR. Interim City Manager Brizzee reported that in accordance with City Council action at their February 19, 2025 meeting where salary ranges were increased for Department Heads, this is to report that the Human Resources Director’s salary will be increased to $15,145 monthly ($181,740 annually) effective February 16, 2025. He encouraged all to come out and join us for the Arbor Day event on Friday and how he appreciates all the things that staff does for the City and also thanked the Council for their support. CITY COUNCIL MEMBER REPORTS: MARCUS CHAVEZ – DISTRICT 3: Reported that they have been interviewing people for the Measure H Committee, how he, Mayor Amabile and Council Member Lewis went to tour Camarena Health nice facility and it is very nice, congrats on pickle ball court grand opening, how the tiny homes developer met with the mobile home park and he heard that went well, new people have been appointed to the Planning Commission and welcomed them, how he will be reading at Grasslands Elementary this week, thanked Interim City Manager Brizzee and Acting Police Chief Melden and Code Enforcement for how they have been on it and getting things squared out, met with the PCE representative about how they are billed and how it helps residents enroll and explained their services, for which he enrolled in as the benefits are many and encouraged others to look in to it also. DISTRICT 1: Vacant EVAN SANDERS – DISTRICT 2: Apologized for being tardy tonight, spoke to Mayor Amabile about his visit at the mobile home park as he just wants to make sure that everyone knows that he is committed to make sure that everyone feels safe and heard and their concerns are being addressed, he drove pass the homeless encampment and it looks to be getting better, it’s a tough situation, would like to comment on the Southpointe item and how he would like to see medium density housing and how the low density homes take away from a more open neighborhood and something we should talk about for future developments, wanted to remind all about the community meetings parks & Recreation Department is having for the Colorado Ball Park improvements this Saturday and another next week, Friday is Arbor Day and Milliken Museum pancake breakfast, it would be interesting to hear more on the BASS project and to have city staff make a comment on the safety, then spoke to his concerns about fireworks as they are something that bugs him every year and wonders if there is something we can do about it and mitigate the issues. DEBORAH LEWIS – DISTRICT 4: Spoke about the Air Board grant amounts increasing for farming equipment for nut tree farmers to produce less dust in the environment and how she saw a demonstration of the new type vehicle, making note that the Valley Air District met its pm 2.5 standards last year and was below the standard set by the State of California, she thanked all our staff for the hard work they have been doing as we are transitioning here at the City of Los Banos, which goes unrecognized sometimes, how we do still have a few commission vacancies left to fill on Measure H, Measure P, Measure V, and Tree Commissions and encouraged citizens to apply, she also thanked those that serve on the various commissions. MICHAEL S. AMABILE – MAYOR: Absent ADJOURNMENT. The meeting was adjourned at 7:06 p.m. APPROVED: __/s/ Deborah Lewis___________ Deborah Lewis, Mayor Pro Tem ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk