City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 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 6:00 p.m. PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None. STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, 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: PROCLAMATION – CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR JULY 2023 – JESUS PARRAS, POLICE SERGEANT; CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR AUGUST 2023 – JENNIFER LOA, HOMELESS OUTREACH COORDINATOR. Mayor Llanez presented the proclamation and certificate, for which Jesus Parras and Jennifer Loa were 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. KATHY BALLARD spoke regarding legal, procedural and budgetary challenges on the consent agenda that may require public discussion, debate or open review, please honor the request to pull items for public discussion, she has does the research and has questions, for item E why take away a benefit internal promotional benefit, item I – why have we pulled out of something that was set and funding for the pathway to Merced College, item K – change order in the amount of $886,000 this is more than an oops, item N – does this not require a change in city ordinances for outside dining, she spoke to a copy of an article regarding consent agendas with other cities and what qualifies as a consent agenda item; SHAWN MARSHALL, CEO of Peninsula Clean Energy (PCE), introduced herself and noted that they are their local energy provider since April 2022, met with the Mayor and City Manager today, spoke to how Los Banos customers are enjoying a minimum of 5% discount, we have invested nearly $2 million in services at the WWTP, Community Center, homeowners low income programs, etc.; CHRISTIAN SANTOS, Congressman Duarte’s representative, spoke regarding what they are working on, concerns with forest and wildfire mismanagement and associated severe health risks, MCAG and CalTrans partnership to advocate for vital quality of life projects, thanked those who made it out to the Town Hall in Atwater and hopes to have a future one in Los Banos, the upcoming 22nd anniversary of 9/11 and ask for everyone to pray and keep out first responders in our thoughts; UNNAMED PERSON thanked Mayor Llanez for meeting with her the other day on the progress of the animal shelter which is moving rather smoothly, would like to hear about the progress of the project, she will continue to ask for transparency and seek public input in the animal shelter project; UNNAMED PERSON, spoke to a rhetorical question by CM Lewis at the last meeting, to ARPA funds and what is allowed and isn’t allowed, he is not nearly talking about a lack of transparency but discouraging people to apply for funds, guidelines are not being followed, guidelines being used are very restrictive, referring to a list of grant awards, until the city publishes the scoring system they used they cannot say they are discriminating against some businesses or favoring others, at the last meeting it was stated that a report on the program would be premature and a letter would be sent out, how he has not received a letter, disregard for financial regulations is putting the city funds at risk, he is again asking for a report at the next city council meeting with an explanation of scoring, this is all public information bound by the California public records act and no reason it can’t be included in the agenda packet, except for some members of the city want to keep the truth from the public; TOY TODD, representing Los Banos Chamber of Commerce, gave an update on some things going on, thanked the City Council for their support of their events, Fall Street Faire, Rotary Pancake breakfast, blood drive, food booths with live entertainment, excited being invited to participate in the Los Banos Small Business Expo being held on October 12, 2023 at the Community Center, Halloween Trunk or Treat, Chamber Christmas parade being held on December 2, 2023 with food booths, vendors, live entertainment, spoke about the new chamber members, ribbon cuttings, mixers at the end of every month; UNNAMED PERSON, spoke regarding the Los Banos Elks Lodge flamingo flocking fundraiser, October 27, 2023 Trunk or Treat, October 29, 2023 city Halloween event, October 28, 2023 animal trick or treat event fundraiser to raise funds for the animal shelter pets, Elks Drug Awareness Program and essay poster and video contest coming up, and then Elroy the Drug Awareness Elk showed up at the meeting and will be at the street faire; CAMI AVELAR, updated the council with her concerns with the homeless on the rail trail behind her house and how her husband walked the trail and feels that you need boots to walk back there because of all the needles, noise is bad and she doesn’t get to enjoy the breeze, she drives around and has scoped out places that were better suited then behind her home; UNNAMED PERSON, read an excerpt from the Brown Act, the purpose and scope, how he feels information is being held from the public, todays consent agenda has new business and several millions of dollars of expenditures and where was the discussion held on these matters, concerns with meetings outside the council meeting, serial meetings, he feels we have a dictator that only certain council members can speak to staff, if one council members has information they all should have it, city council members are asking questions on behalf of constituents, you need to understand what your roles and responsibilities are, just because you can do something doesn’t mean you should, and how he feels they are violating rules and the brown act. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that items 7D - Measure H Committee Financial Update, 7E - City Council Resolution No. 6678 – Approving an Amendment to Division 1 – General of the City’s Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions, 7G - City Council Resolution No. 6680 – Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval, 7I - City Council Resolution No. 6682 – Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project City Council Resolution No. 6682 – Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project, and 7M - City Council Resolution No. 6686 – Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot Generally Located within the Area Bounded by Highway 152 to the North, Future Pioneer Road to the West, Prairie Springs Drive to the East, and Cardoza Road to the South (Lodi Development, Inc.) be removed from the agenda for separate presentation and vote. Mayor Llanez stated that City staff has requested that item 7J – City Council Resolution No. 6683 – Authorizing the Public Works Director/City Engineer to Execute Change Order No. 5 to the Contract with Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $74,000 be removed from the agenda for good. 7 D – Measure H Committee Financial Update. Interim Finance Director presented the staff report. Council Member Lewis stated that she just wanted a verbal presentation and inquired as to the corrected copies that were distributed, for which City Clerk Mallonee stated that it was a clerical error for the hard copy agenda packets. Motion by Jones, seconded by Lambert to accept the Measure H Committee Financial Update as submitted. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None. 7 E City Council Resolution No. 6678 – Approving an Amendment to Division 1 – General of the City’s Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions. Council Member Lewis inquired to the City Manager as to why this change is happening for which City Manager Pinheiro responded as to why this change is happening; Council Member Lewis inquired as to if there are plans for other positions to become at will for which City Manager Pinheiro stated the positions listed are the ones being considered now; Council Member Lewis inquired as to if who will make the decision to terminate, the department head or city manager for which City Manager Pinheiro stated that these are the position that will be at will. Council Member Lewis stated that she has spoken to a few other cities and this is not a practice in most cities to make mid-management positions at will, how it takes away the opportunity to go back to their old position if they are not performing good and feels that this is cruel, spoke to the language to be taken out about being able to go back into a previous held position, how it will stop good employees from moving up, and can not support it, it is a really negative thing, a control issue with our city; Council Member Jones stated that he is in support of this and wishes we could do it city-wide for all of our employees, he doesn’t know of any business out there where they don’t have control over hiring and firing employees, especially ones that milk the retirement clock and we have some employees that are just here until retirement because they love that pension and rarely do we see sometimes the enthusiasm to produce well for the city, this gives the city manager the ability to weed out the employees that are just coddling the government time clock, for every hire we do not have to promote up from the bottom, we can always hire from the outside and we wouldn’t have any problem hiring from the outside for a lot of these positions, we have some top employees who hustle every day and they do a lot and get a lot of projects done as you are seeing all over the city and give it their all and the last thing we want is lazy employees; Council Member Lambert stated that he is kind of curious that he remembers about a year ago how Ms. Lewis was for it, curious why now you are against this; Mayor Llanez stated that he supports this because we have a lack of succession planning, he has been an employee with the City since 2003 and he doesn’t want the next person up he wants the best person up, we need leadership and that is what we are seeking, we need succession planning and to build a future for the city and there needs to be accountability, he thinks of at will as constant accountability. Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6678 – Approving an Amendment to Division 1 – General of the City’s Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Llanez; NOES: Lewis. Item 7G – City Council Resolution No. 6680 – Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. Council Member Lewis inquired as to if we move forward with the developer will there be more pocket requests like this for water associated with the project; for which Community & Economic Development Director Souza Elms responded to as to the reason to not annex the property at this time. Council Member Jones noted that this is a storage facility so there shouldn’t be any issues Motion by Jones, seconded by Lambert to City Council Resolution No. 6680 – Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None. Item 7I – City Council Resolution No. 6682 – Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project. Council Member Lewis stated that she is very saddened that this once approved project is not moving forward but happy to say that MCAG has pick up this project and it will continue on and she thanked them for that; Mayor Llanez spoke to why this project needs to stop exactly where it is, to have a funded project to promote people to walk on this is very dangerous, how there are free bus rides for college students, did not feel that the City should pick up the $2.3 million tab for this project, we have other things in the City that are much higher priority, connecting streets is more important, and how CalTrans and Los Banos Police Department were not consulted on this. Council Member Jones stated how they are good steward of the tax payer dollars, and it would be cheaper to take an uber drive. Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6680 – Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Llanez; NOES: Lewis. Item 7N – City Council Resolution No. 6687 – Approving and Authorizing the City Manager to Execute a License Agreement Between the City of Los Banos and the Bad Boys for Life, LLC, DBA: Jams209 for the Property Located at 516, 518 and 520 I Street. Council Member Lewis inquired as to how this request relates to what is being asked to be approved and asked staff to explain the maps for which Community & Economic Development Director Souza Elms responded to. Motion by Jones, seconded by Lambert to City Council Resolution No. 6680 – Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None. Motion by Jones, seconded by Lambert to approve the remaining consent agenda items, minus item 7J - City Council Resolution No. 6683 – Authorizing the Public Works Director/City Engineer to Execute Change Order No. 5 to the Contract with Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $74,000, as follows: Check Register for #240153 - #240809 in the Amount of $7,561,809.58; Minutes for the July 19, 2023 City Council Meeting; Minutes for the August 2, 2023 City Council Meeting; City Council Resolution No. 6679 – Approving and Authorizing the City Manager to Execute a License Agreement Between the City of Los Banos and the Central California Irrigation District Regarding the Cresthills Sanitary Sewer Line; City Council Resolution No. 6681 – Authorizing the City Manager to Issue Purchase Orders for Equipment and Vehicles Through the Cooperative Procurement Contract with Sourcewell for the Public Works Department; City Council Resolution No. 6683 – Authorizing the Public Works Director/City Engineer to Execute Change Order No. 5 to the Contract with Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $74,000; City Council Resolution No. 6684 – Authorizing the Public Works Director/City Engineer to Execute Change Order No. 2 to the Contract with United Pavement Maintenance, Inc. for the Rehabilitation of Birch Avenue and G Street in the Amount of $885,760.56; City Council Resolution No. 6685 – Authorizing the Public Works Director/City Engineer to Sign Program Supplement Agreement No. 10-5160F15 and Related Documents for the CMAQ Grant CML-516(031) for Preliminary Engineering and Right-of-Way Phase with CalTrans for the Pioneer Road and Ortigalita Intersection Project; City Council Resolution No. 6686 – Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot Generally Located within the Area Bounded by Highway 152 to the North, Future Pioneer Road to the West, Prairie Springs Drive to the East, and Cardoza Road to the South (Lodi Development, Inc.); City Council Resolution No. 6688 – Authorizing Award of Construction Contract to Redstone Construction, Inc. in the Amount of $1,145,345 with a 10% Contingency in the Amount of $114,535 for the Construction of the Eastern Application Field Irrigation Piping Replacement Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Treatment Fund. The motion carried by the affirmative action of all Council Members present. APPOINTMENT OF MEMBERS TO THE IMPROVEMENT STANDARDS AND SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE & COMMUNITY DESIGN STANDARDS TECHNICAL ADVISORY COMMITTEE. Interim Finance Director presented the staff report. Motion by Begonia, seconded by Jones to appoint Council Member Jones, Council member Lambert, Planning Commissioner Cates, Planning Commissioner Robinson, Community & Economic Development Director Souza Elms, Parks & Recreation Commissioner Spevak, and Tree Commissioner Kaljian to the Improvement Standards and Specifications Technical Advisory Committee and Council Member Jones, Council member Lambert, Planning Commissioner Cates, Planning Commissioner Robinson to the Community Design Standards Technical Advisory Committee. . The motion carried by the affirmative action of all Council Members present. APPOINTMENT OF COMMISSIONER TO TREE COMMISSION: One (1) Two (2) Year Term – Expiring December 31, 2024. Motion by Jones, seconded by Lambert to appoint Mary Accardo to the Tree Commission for a two (two) year term expiring December 31, 2024. Community Design Standards Technical Advisory Committee. The motion carried by the affirmative action of all Council Members present. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2023 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD SEPTEMBER 20-22, 2023 IN SACRAMENTO, CALIFORNIA. Motion by Lambert, seconded by Jones to appoint Council Member Begonia as the voting delegate and Council Member Jones as the alternate. The motion carried by the affirmative action of all Council Members present. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 20, 2023 DUE TO COUNCIL MEMBERS ATTENDING THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20-22, 2023. Motion by Jones, seconded by Begonia to cancel the September 20, 2023 City Council Meeting due to Council Members attending the League of California Cities Conference in Sacramento. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (4 Reports). Community & Economic Development Director Souza Elms reported that there will be four public hearings at the September 13, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2023-07 for the development of a 2,400 sq. ft. commercial structure with drive-thru and various site improvements located within the Highway Commercial Zoning District at the southeast corner of Mercey Springs Rd. and Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083-130-039; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Accessory Structures) for Conditional Use Permit #2023-08 to allow the use for four (4) storage containers for additional storage to be located within the Mixed Use Zoning District at 508 I St., more specifically identified as Assessor's Parcel Number: 025-191-019; to consider a Negative Declaration (SCH #2023080280) and Vesting Tentative Parcel Map #2023-01 to divide three (3) parcels into eighteen (18) parcels. The project site is located south of Technology Rd; more specifically identified as Assessor's Parcel Number: 084-030- 004,033,047; and to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2023-02 for Elizabeth Rogers at 958 J St., more specifically identified as Assessor's Parcel Number: 026-132-022. CITY MANAGER REPORT. City Manager Pinheiro spoke regarding the upcoming Salute to Seniors event being held on September 29, 2023, upcoming Grand Opening event of the 7th Street basketball courts on September 29, 2023 in collaboration and partnership with the Los Banos Unified School District. 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 Jones reporting for the LBDPBID stated that there are quite a few more garbage cans downtown and how they partnered with the City to put more garbage cans downtown and thanked the City, spoke regarding the upcoming Downtown Annual Farm to Table event on September 22, 2023. Mayor Llanez reporting for PCE stated that he appreciates Shawn showing up tonight and meeting with him and the City Manager earlier today and how there is a big misconception about PCE and that PCE is giving us a better rate, and the extra discounts available to those who qualify. CITY COUNCIL MEMBER REPORTS DEBORAH LEWIS: She would just like to say that we had 11 items on the consent agenda items that were important issues that the public couldn’t hear about or ask questions, $5,107,775.42, minus the one item that was pulled, which is a lot of money that the tax payers spent tonight and didn’t have a say on how it was spent or ask questions, this is the most I have ever seen in the 12 years she has been sitting up here, everything is being put on the consent agenda so that you the public can not know what is going on, very disappointing to me, don’t think we are handling this correctly to be transparent to the public and allow them to have a say and redress the council. KENNETH LAMBERT: Stated that they receive the agenda the same time we do on Friday online and they look at it, the public forum is for them to open up about items that are on here, whether it’s on the consent or on the regular agenda I think we get the story across. DOUGLAS BEGONIA, JR.: No report BRETT JONES: Stated that the he has he said the date wrong for the Downtown Association Farm to Table event, it is on September 21, 2023, that Ms. Lewis had the opportunity to pull item K, the repaving of Birch Street, but that one is right next door where you live, would have been nice if you congratulate or thanked staff for all their hard work, you only talk about things that try to self-promote yourself, it’s just getting old and doesn’t believe anyone is believing you, you got a small crowd of followers and that’s it, people are seeing through it, you’re mad about the money we are spending, I’m mad that we didn’t spend it years prior and having to deal with much need things now. PAUL LLANEZ: Spoke regarding the hard work that our city staff do, paved roads , street improvements, in August how the city has delivered and laid 10,100 tons of asphalt in the city, 88 curb ramps replaced, 170,000 road replacement, etc. and he applauded Public Works Director/City Engineer Than’s team for their efforts, spoke regarding the Animal Shelter improvements and additional staffing recent partnering with PETCO, information and transparency and how you can open your water bill there is a QR code where you can see all the city projects that are currently being done or have been completed, in the time that the agenda was put out he met with 13 people in our city about items on the agenda and thanked the public for continuing to come forward, fortunate that my son and I delivered pizzas to employees working on labor Day, invited all to come out and shoot basketball at the 7th Street grand opening event. ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 7:25 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