City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JUNE 21, 2023 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 Llanez called the City Council Meeting to order at the hour of 6:02 p.m. PLEDGE OF ALLEGIANCE: Police Commander Melden led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None. STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Melden, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS: CERTIFICATE OF RECOGNITION – DUTCH BROS DONATION; CERTIFICATE OF RECOGNITION – ARCO AM/PM – RECYCLER OF THE YEAR 2022; CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR MAY 2023 – CHRISTY MCCAMMOND, HOUSING PROGRAM MANAGER. Mayor Llanez presented and read the Certificates of Recognition, for which Roy Todd with ARCO AM/PM 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 Llanez opened the public forum and asked those at the meeting if they would like to speak: UNANAMED PERSON spoke on behalf of the Los Banos Chamber of Commerce and reported on their new members, Dads Day Out event and thanked the sponsors and those that attended, the June 29, 2013 at Mission de Oro Chamber Mixer, July 8, 2023 Tomato Festival, July mixer partnering with Los Banos Downtown Association at Coldwell Banker Real Estate, how they are working with Merced County on workshops and lunch & learns for businesses, promoting an HR Hotline that helps with HR questions, the office has grocery grab tickets; RACHELLE CUIFFO, representing the Los Banos Fire Department, invited all to visit the Los Banos Dutch Bros for a fundraiser on June 23, 2023 for the Fire Department; UNNAMED PERSON, spoke regarding the animal shelter and how it has a 93% save rate and how the City of Los Banos has been blessed by having people help out at the animal shelter, spoke regarding the kill rate for dogs, cat saves, how a handful a people have been instrumental in saving animals at the shelter, like Nancy Klein & Levi Pastori are experienced animal rescue organizers, she asked tha that City Council provide funding for the animal shelter and please add a line in this years budget to compensate those who have been helping out; Christian Santos, Congressman John Duarte representative, spoke regarding what he is working on in Washington, D.C., like Dignity Act and status, American Dream & Promise Act, Transportation Construction Committee, Forest Service regulations; RHONDA LOWE, reminded all about the Small Business Development Center and spoke to the services they provide to businesses in Los Banos at no cost to them, the value of collaboration with the City of Los Banos, excited to be brining back out start up workshops in Los Banos with the first workshop being held on July 29, 2023 at the Los Banos Community Center; KATHY UHLEY, stated that last Thursday I sent a request for an item to be on the agenda regarding a Animal Advisory Commission, referencing all the other commissions that the city has and the compelling reasons for establishing an animal advisory commission, she hopes to see it very soon on the agenda, and spoke to the awesome work Levi and Nancy do; SANDRA NAVARRO, spoke regarding her work at the animal shelter and the need for volunteers, she also has concerns with homeless encampments on the rail trail and how they can not walk in peace, and what Mr. Faria did when he was Mayor by bringing a big trailer with showers and bathrooms for the homeless and hopes this can happen again, she has been on both sides the helper and the victim and how Mr. Villalta and Faria addressed her concerns, how the current encampment is affecting all the businesses and residents there, this no longer a homeless issue it is people that are lawless and have taken advantage of the laws that have been passed, it is affecting our whole neighborhood and she can’t sleep at night, it needs to be fixed; UNNNAMED PERSON, spoke regarding her business and how carpet has been stolen, what the homeless are doing is not okay, this is a continuing problem and a serious problem and she has grave concern to address the encampment across the way; KATHY BALLARD, wanted to bring up that Measure H and how it has only had two meetings and would like to see a meeting soon; UNNAMED PERSON, spoke regarding the homeless burning down her fence, poisoned one of her dogs, as a concerned citizen she feels that her safety is in jeopardy, she encountered an addict who came to her door to get his drum that he said was in her backyard, it wasn’t a drum in was a drone that was in my backyard, how she has left messages for Police Chief Brizzee, Sergeant Mendez, and Christy and no return call, how they take showers in my yard, the Fire Department is constantly out there, does she need to seek a public records request for the Police, Fire and Public Works Departments info on the calls that have come in, something has to been done, she is nervous and scared around the homeless, homeless told her that they were told to move to the locations they are at, you need to find a location for them, it’s disgusting; NANCY KLEIN, there has been a lot of forward progress for the animal shelter, she has been doing rescue work at the Los Banos Shelter for 2 years, her experience and knowledge is pretty deep, she voiced her support again for the animal commission/committee and how she has brought it up numerous times over the years, it is an important group to put together, the $1 million is a good start and feels they should also focus on vet services, importance of the outside of the building and the operation and the culture at the shelter, staff has been very supportive, how Council should consider a position at the shelter that is a program coordinator for grant and outreach opportunities, looks forward to the continued progress being made; MIKE NEU, Pastor for St. John’s Lutheran Church, spoke regarding Sierra Lane and how 2 homes are being built over the past 2 years with open channels and how the City is trying to get them to complete the paving, thanked Public Works Director/City Engineer Than and City Manager Pinheiro for writing letters and how city workers have filled it in and it is better, he doesn’t know what the process is for the Planning Department and looking at how this house was developed and how it was done backwards; UNNAMED PERSON, spoke regarding the upcoming 4th of July events and all that will be happening that day, thanked the sponsors and additional sponsors would be appreciated; UNNAMED PERSON, spoke regarding a few items that he feels are important, this year the budget workshop was banned and he spoke to the history of budget workshops, stated that this budget creates new highly paid positions with no justification, we need to use this money to fund line staff like out at the animal shelter, this is all money being spent in light that we are one of the poorest in the area, last year we had a budget workshop as it is good governance and oversight, spoke to the Council’s wasteful decision to hire the current city manager and speaking to his concerns and read an email from and Insurance Agency regarding not supporting the payment settlement that was requested, how Council is making decisions inside a vacuum and to please take some time to understand your roles and ask for proper information and guidance. Mayor Llanez asked the City Clerk if she had received any comments and City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: BEA SZKOP, MELISSA LAUSEN, JENNIFER ZHOU, SHARON UNGERFELD, KAY BLOM, KEITH BLOM, VALERIE HATFIELD, ANGELA CURTIS, LISA CHAVEZ, PETER KEHOE, ALYSSA HOMEN, CHRISTINE JARGICK, PETER DE FEIJTER, JENNIFER FLICK, RACHEL WATSKY, ANONYMOUS, ALYSSA BRODIN wrote in support of additional budget fund and help for the animal shelter, the services they provide, and an Animal Advisory Board. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Llanez stated that he would like to pull item 7C – City Council Resolution No. 6651 – Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event form the consent agenda for separate vote and consideration. Council Member Lewis stated that she would like to pull items 7D - City Council Resolution No. 6652 – Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services and 7F – City Council Resolution No. 6654 – Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management, and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard for presentation. City Council Resolution No. 6652 – Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services. Public Works Director/City Engineer Than presented the staff report. City Council Resolution No. 6654 – Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management, and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard. Community & Economic Development Director Souza Elms presented the staff report. Motion by Jones, seconded by Lambert to approve the consent agenda with the removal of item 7C – City Council Resolution No. 6651 – Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event, as follows: Check Register for #239164 - #239347 in the Amount of $1,155,889.84; Measure P Oversight Committee Report; City Council Resolution No. 6651 – Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event; City Council Resolution No. 6652 – Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services; City Council Resolution No. 6653 – Approving the Project Reimbursement Agreement for Traffic Improvements between the City of Los Banos and the Los Banos Unified School district for the Intersection Improvements at Place Road and East B Street in the Amount of $1,061,705.97; City Council Resolution No. 6654 – Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management, and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard. The motion carried by the affirmative action of all Council Members present. Council Member Lambert recused himself from item 7C – City Council Resolution No. 6651 – Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event and item 8 – Los Banos Downtown Property and Business Improvement District (LBDPBID) Annual Report and left his seat at the dais and the Council Chambers. City Council Resolution No. 6651 – Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event. Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6651 – Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event. The motion carried by the affirmative action of all Council Members present, Lambert absent. City Attorney Vaughn recused himself from the next item and left his seat at the dais and the Council Chambers. LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) ANNUAL REPORT. Community & Economic Development Director Souza Elms presented the staff report, introducing Carson Lambert, Vice President of Civitas on behalf of Maribel Garcia, Executive Director of the Los Banos Downtown Association, who presented and provide more detail, which included a PowerPoint presentation. Council Member Lewis spoke to their accomplishments, if the security system been purchased for which Taylor Wolfsen came forward and stated that the system has been purchased but not yet installed and explained. Council Member Lewis inquired as to who will monitor the camera views and if the Los Banos Police Department would have access to the footage, for which Mr. Wolfsen explained, noting that the cameras would be installed sometime this year. Motion by Jones, seconded by Begonia to approve the Los Banos Downtown Property and business Improvement District Annual Report as submitted. The motion carried by the affirmative action of all Council Members present, Lambert absent. City Attorney Vaughn and Council Member Lambert returned to the Council Chambers and their seats at the dais. CONSIDERATION OF ELECTION TO BECOME SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY; CITY COUNCIL RESOLUTION NO. 6655 – ELECTING TO SERVE AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS PURSUANT TO HEALTH AND SAFETY CODE SECTION 34173. Interim Finance Director presented the staff report, which included a PowerPoint presentation. Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6655 – Electing to Serve as the Successor Agency of the Redevelopment Agency of the City of Los Banos Pursuant to Health and Safety Code Section 34173. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE 2023-2024 FISCAL YEAR (FY), (CONTINUED FROM JUNE 7, 2023), CITY COUNCIL RESOLUTION NO. 6656 – SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR THE 2023-2024 FY. Interim Finance Director Kuhn presented the staff report. Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Jones, seconded by Lambert to approve City Council Resolution No. 6656 – Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2023-2024 FY. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2023-2024 FISCAL YEAR (FY) BUDGET, (CONTINUED FROM JUNE 7, 2023), CITY COUNCIL RESOLUTION NO. 6657 – ADOPTING THE 2023-2024 FY BUDGET, INCLUDING UPDATES TO DIVISION 4, EMPLOYEE SALARY SCHEDULE AND DIVISION 1, GENERAL OF THE LOS BANOS POLICY & PROCEDURES MANUAL. Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation. Mayor Llanez opened the public hearing. UNNAMED PERSON, stated that she is not able to find line items related to the animal shelter and inquired as to what is the proposed monies for the animal shelter and wanted an explanation which was given and then inquired as to the two new shelter attendant positions being full time; KATHY BALLARD, inquired as to if the Animal Attendant positions will be able to medically help the animals, concerns with the City looking at a deficit of $2.2 million and she is worried about hiring so many new positions, feels the City is so top heavy, we are a city that should be tightening their belts and worried about a recession, feels that we are building on something that might be not be sustained for which Interim Finance Director Kuhn explained the reasoning behind the budget expenditures and revenues, sales tax numbers and how it is a very conservative budget; KATHY BALLARD had concerns too that a ladder truck for the Fire Department was not budgeted for and heard how all the old AC units at City Hall were being replaced and she didn’t see that in the budget for which Interim Finance Director Kuhn stated that those were paid out of ARPA funds and done in the current budget not he proposed; KATHY BALLARD stated that she feels that there should have been a workshop for which Interim Finance Director Kuhn stated that this budget is routine in nature and all new items have been highlighted during the presentation; UNNAMED PERSON, wanted to clarify the $1 million for the animal shelter has been in the city’s funds for a while now, has one been chosen, when it will be built and if she can have a breakdown of what he project will cost for which Public Works Director/City Engineer Than explained the module building they are looking at expanding with and this is about 12 months out; UNNAMED PERSON, inquired as to why animal/spay and neuter fees have been reduced considerably, grant funding restrictions, $20,000 for vet services, animal commission committee being very valuable and suggested having a separate line item for just shelter expense for which Interim Finance Director Kuhn explained; BLANCHE JORGE, Downtown, stated that she would like to know the things that have been changed at the animal shelter. No one came forward to speak and the public hearing was closed. Council Member Lewis inquired as to the salary schedule changes approved back in October/November and the salary adjustment that was done back in February for Community & Economic Development Director and the Human Resources Director and would like to know what the percentages were, for which Interim Finance Director Kuhn stated that the increases were in line with the direction from City Council, 5% for Human Resources Director and 36.9% for the Community & Economic Development Director to be in line with the Finance Director. Council Member Lewis stated that in her opinion that it is remiss to leave percentages off the staff report and why is this a hidden matter as there feels like some resistance to state so, she then inquired as to the street improvements and if that was going to be enough funds to take care of what was presented on the list and other streets as needed for which Public Works Director/City Engineer Than explained the funding and plans for improvements. Council Member Lewis made note that the General Fund has a shortfall of $2 million. Council Member Lambert stated that he feels Interim Finance Director Kuhn explained everything well, 98% of this is what the City has needed for many years ago, we are still able to maintain the 30% reserve, how we are bringing our infrastructure up to date, we are not top heavy, we are bringing our City up to where it needs to be, job well done Mr. Kuhn. Mayor Llanez stated that in reviewing this budget he gives thanks to the City Manager for what he has asked for, as a taxpayer I want you to fix my City, he applauds Interim Finance Director Kuhn, how last year we didn’t have Fire Chief and went without a City Manager and creating an Assistant City Manager a no brainer for me, and you created 20 jobs for the citizens of Los Banos. Council Member Lewis stated that as a Council Member who has sat up here almost 11 years, this is the first time that we have never had a budget workshop and she is at a quandary, but as a legislature I am due the proper time to evaluate this as we casually go over the budget feels that this is an unusual step here and hopes in the future, we will go back to having our budget hearings. Motion by Begonia, seconded by Jones to approve City Council Resolution No. 6657 – Adopting the 2023-2024 FY Budget, Including Updates to Division 4, Employee Salary Schedule and Division 1, General of the Los Banos Policy & Procedures Manual. The motion carried by the affirmative action of all Council Members present, Lewis abstaining. ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms stated that there will be three public hearings at the June 28, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-06 to allow the operation of a mobile food vending vehicle on private property for Pedro Sanchez dba Los Camales. The subject property is located within the Highway Commercial Zoning District at 826 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 027-130-006; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2021-03 for the development of a 360 square foot commercial structure and associated site improvements for a used auto sales lot within the General Commercial Zoning District to be located at 702 G St.; more specifically identified as Assessor's Parcel Numbers: 025-111-023; and to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-08 for the development of a 6,100 sq. ft. metal structure to operate as a Truck Service Facility and various site improvements located within the Industrial Zoning District located at the northwest corner of Technology Dr. and Industrial Pkwy.; more specifically identified as Assessor's Parcel Numbers: 084- 250-016. CITY MANAGER REPORT. City Manager Pinheiro thanked the entire team that worked on this budget, for all the hard work you have done on it, thank you so much, really excited about stuff, really ambitious about things and thanked the City Council for their continued support. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Lewis stated that June 24, 2023 from 8-11am at Merced County Fairgrounds there will be a free smog repair event sponsored by SJVAPCD and there is another round of grant funding to help income restricted hepafilter for their home and encouraged all to apply for funds. Mayor Llanez stated that the last MCAG he was elected as Vice Chair for the next year, how kids are out for the summer and Yosemite is fun place to go and how YARTS will give you a free ride to Yosemite. CITY COUNCIL MEMBER REPORTS DEBORAH LEWIS: No report KENNETH LAMBERT: Wanted to personally thank department heads for all the work, we rely on your numbers quite a bit, if I had questions I call and you have answers, this is a step in the right direction. DOUGLAS BEGONIA, JR.: No report BRETT JONES: Thanked staff for the hard work on the budget, a lot of time went into that, great presentation for the budget hearing we had tonight. PAUL LLANEZ: Thanked staff for putting the budget together and for the City Manager, Parks & Recreation Operations Manager Heim and Public Works Director/City Engineer Than to get ready, how we have done permanent housing for 33 homeless and thanked staff for their work on that, spoke to mental health issues and remember when you are in the ballot box voting on propositions, thanked the public for spending a few hours with us tonight. ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 9:14 p.m. The motion carried by the affirmative action of all Council Members present. APPROVED: /s/ Paul Llanez_____________ Paul Llanez, Mayor ATTEST: /s/ Lucille L. Mallonee_________ Lucille L. Mallonee, City Clerk