City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 4, 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 Commander Reyna 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 Commander Reyna, City Clerk/Human Resources Director Mallonee, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Mayor Llanez stated that staff is requesting that item 8 – Consideration of Approval of City Council Resolution No. 6695 – Approving the Purchase and Sale Agreement for the Residential Real Property owned by the City Located at 1329 Frank Street, Dos Palos (APN 012-104-017) be removed from the agenda. Motion by Jones, seconded by Lambert to approve the agenda as amended, with the removal of item 8 – Consideration of Approval of City Council Resolution No. 6695 – Approving the Purchase and Sale Agreement for the Residential Real Property owned by the City Located at 1329 Frank Street, Dos Palos (APN 012-104-017). The motion carried by the affirmative action of all Council Members present. PRESENTATIONS: PROCLAMATION – CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR SEPTEMBER 2023 – DEBRA FISHER, ADMIN CLERK II IN THE PUBLIC WORKS DEPARTMENT. Mayor Llanez presented the proclamation and certificate, for which Debra Fisher 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. BEN HUDSON, representing Union members read a letter into the record (that is on filed with the City Clerk) regarding their dissatisfaction with current City Manager Josh Pinheiro, concerns with the new at will language for middle managers, concerns with City Manager Pinheiro being protected, the $1.8 million settlement payment to Josh Pinheiro after a threat of litigation, 5-0 vote now to terminate the City Manager, several department heads have resigned, negative interactions with City Manager Pinheiro public safety issues, public works issues, CHRISTIAN SANTOS, Representing Congressman Duarte, stated that he attending the Salute to Seniors event, congratulated Executive Director Michelle Sandoval with the Chamber of Commerce and all they are doing there, spoke regarding government shutdown and the path moving forward; BLANCHE JORGE, lives in a home in the downtown area, invited all to the Elks Lodge Halloween Fundraiser for the City’s animal shelter, spoke regarding how the police department and animal shelter are working together to have a pet adoption time, raising money to help support the pets at our shelter and showed what they are offering those who adopt pets and the special bandana pets can receive; UNNAMED PERSON spoke regarding the local articles published by Michael Dunbar regarding City Manager Pinheiro, how ARPA funds are not being spent correctly, buildings being painted, trees being cut, streets being repaired, current budget is the same as last year, no budget work shop this year, don’t we live in a democracy, and concerns that a lot of money is being spent by the majority of the city council and city manager; UNNAMED PERSON stated that she was going to continue to read the letter that Ben Hudson was reading regarding City Manager Pinheiro’s experience, not qualified to lead the city, getting ready to have to assistants to help him do his job, essential duty is to build relationships, zero experience working in government, requests that these items be revisited regarding at will for mid manager positions, this job not a good job fit for him, fostering a toxic work place, majority of city employees are residents of Los Banos, they need to revisit the 5-0 vote clause and at will and the continued employment; UNNAMED PERSON, lives in Los Banos, she is 75 years old, she pays taxes and she works hard for it, she doesn’t appreciate this council taking her tax dollars and giving it to an unqualified city manager, she is appalled at the way they treat my representative for my district – Deborah Lewis, she watches these meetings on her computer at home and what Brett Jones said at the end of the meeting upset her very much, we are very upset, concerned that our fire department doesn’t even have a ladder truck, take some of your $1.8 million and buy a couple fire trucks with ladders, hiring a head hunter to find a chief of police when we have more qualified men on our police department to be our chief, we need to get a finance director that is here and not flying in from LA, look at all the city employees that are leaving because of him, he micromanages and harasses our employees; UNNAMED PERSON, spoke regarding how the ARPA systems were scored and how he compared it to what other city’s do, how they didn’t allow council members or families members to receive funding, there is no transparency, how his gym is the only 24-hour gym in town and what he did during covid to stay open, how he didn’t receive the full ARPA amount with no explanation provided, why are we less deserving, spoke to a cashier’s check from his mom (who passed away 6 months ago) to help him keep his business running; UNNAMED PERSON, spoke to how he applied to the small business program and spoke to what he experienced and his concerns, the city has still not explained how they scored and awarded grants, how the timing of the email was a coincidence, when he followed up to inquire the status, on day 30 after receiving an email from HR requesting offering discounted benefits, how others in the same situation applied and received funds, consequence for doing a favor for one is discrimination and unfair treatment of others, 5th time he is requesting a copy of the scoring system and details, concerns with quid pro quo arrangements; PATRICIA McCOY, Airforce veteran and chairman of the veterans parade, stated that this year’s theme is Salute to the Air Force veterans on November 4, 2023, this is the first year back after covid and want to show a strong support for our veterans to show the honor and appreciation they deserve, patriotic school contest and how this is an educational opportunity to learn about how the veterans have sacrificed so much, hopes council attends; DOUG BEGONIA, wants to point out that the City of Los Banos voted and put this city council in place, you guys are doing the best job you can, there is always someone who isn’t going to be happy, you can’t pole all the citizens of Los Banos, if they want to make change then show up at the ballot box, don’t complain after; UNNAMED PERSON, it is very unfortunate that we tried once it didn’t work, we tried again it’s not working, making a unilateral decision to make employees at will, ironic of the hypocrisy as there is no accountabilities for the one person you hire - city manager, how this change is status will reduce the expertise in the organization, they will not speak up on fear of retaliation, you are undermining their experience, we are witnessing an exodus of our talent and just hiring someone else will take years to train, there is nothing wrong with admitting you made a mistake, we tried it doesn’t work, the process is faulty, how the Mayor stated that he would reappoint Pinheiro prior to becoming Mayor, we are losing a lot of money because we have a city manager that doesn’t understand his role, no extra grant funding for Los Banos, there was a ceremony for a candidate for Merced County judge and no one showed up, you want accountability, you wanted to hire local so keep with that when hire local with the next police chief; KATHY UHLEY, District 4, spoke regarding her concern for animals, finding funds to offer spay and neutering services to the residents and how very costly it is to fix a female cat in town, months ago she brought up the idea of an Animal Advisory Commission and how someone else has brought up the idea prior too, feels it is a really great idea and unfair to have the Police Department take on all this, hears a lot of things and knows that everyone loves this city and wants the best for this town; UNNAMED PERSON stated that she agrees with all that Kathy said, appreciates the information we are getting from the Westside Express and hopes to hear more, spoke to how she did meet with the Mayor and inquired as to why there has been no progress with the Animal Shelter, she once again requested that the city council approve an Animal Advisory Commission, residents have been asking for a commission for a few years, the need is real, a recent episode at the Animal Shelter where a few animals were ill without being tested and euthanasia, Mayor Llanez suggested that we start a non-profit organization but that does not take place of an Animal Advisory Commission and she is requesting that you petition the city council to create one and wonders what are we waiting for; ROY TODD, Los Banos Chamber of Commerce, spoke to membership being at 227, new members, ribbon cuttings, re-opening of the Golden Valley Health Center, mixers, office will be closed on October 9, 2023 for Columbus Day, October 12, 2023 they will be at the Community Center Small Business Expo and encourage all to attend, the Fall Street Fair is on September 16, 2023 and the Trunk or Treat was moved to October 20, 2023; ROY TODD, 66 years old, has been working since he was 16 and how he has always been an at will employee, how he’s always had executive and managers do the right thing and treated everyone as adults with respect. 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 7B - City Council Resolution No. 6689 – Authorizing the City Manager to Execute the Contract with Marina Landscape Inc. for the Construction of Pacheco Park Irrigation Renovations in the Amount of $496,055 and a Project Contingency of $75,000 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $320,000; 7D - City Council Resolution No. 6691 – Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Fehr & Peers, Inc. to Conduct Additional Traffic Data Collection for the Transportation Master Plan Update in the Amount of $10,800, 7E - City Council Resolution No. 6692 – Authorizing Award of Construction Contract to Amerine Systems, Inc. in the Amount of $675,000 with a 10% Contingency in the Amount of $67,500 for the Construction of the West I Street Sewer Lift Station Rehabilitation Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund, 7G - City Council Resolution No. 6694 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Jacob Green & Associates for Recruitment Services to Fill the Positions of Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager as Stated in their Proposal be pulled from the consent agenda for separate presentation. 7B - City Council Resolution No. 6689 – Authorizing the City Manager to Execute the Contract with Marina Landscape Inc. for the Construction of Pacheco Park Irrigation Renovations in the Amount of $496,055 and a Project Contingency of $75,000 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $320,000. Council Member Lewis noted that McElvaney was the lowest bid, Marina Landscape was the lowest responsive bid and wanted more details, for which Interim Parks & Recreation Director Heim explained that there were some items left out of the bid; Council Member Lewis inquired as to the contingency amount for which Interim Parks & Recreation Director Heim explained the construction management services and costs associated with the agreement and explained the 15% contingency oversight, how O’Dell Engineering has been selected to do the design, and there may be a cost savings. 7D - City Council Resolution No. 6691 – Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Fehr & Peers, Inc. to Conduct Additional Traffic Data Collection for the Transportation Master Plan Update in the Amount of $10,800. Council Member Lewis stated that this project has been approved to move forward, why are we asking for an increase, what’s the extra $10,800 for; for which Interim Finance Director Kuhn explained that it is for extra data to be collected. 7E - City Council Resolution No. 6692 – Authorizing Award of Construction Contract to Amerine Systems, Inc. in the Amount of $675,000 with a 10% Contingency in the Amount of $67,500 for the Construction of the West I Street Sewer Lift Station Rehabilitation Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund. Council Member Lewis stated that the staff report has different calculations and staff is asking for an increase, for fiscal impact there is an additional $80,000 for Provost and Pritchard, and projected calculations for which Interim Parks & Recreation Director Heim explained that the extra funding is for inspection services and explained the costs stated. 7G - City Council Resolution No. 6694 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Jacob Green & Associates for Recruitment Services to Fill the Positions of Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager as Stated in their Proposal. Council Member Lewis inquired as to the $73,800 plus traveling costs and desire to have someone with e PE for which Human Resources Director Mallonee responded too, Interim Parks & Recreation Director Heim explained the reasoning for not requiring a Civil Engineering designation. Motion by Lewis, seconded by Begonia to approve the consent agenda as follows: Check Register for #240810 - #241238 in the Amount of $5,082,002.54; City Council Resolution No. 6689 – Authorizing the City Manager to Execute the Contract with Marina Landscape Inc. for the Construction of Pacheco Park Irrigation Renovations in the Amount of $496,055 and a Project Contingency of $75,000 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $320,000; City Council Resolution No. 6690 – Authorizing Award of Contract to Synagro, Inc. in the Amount of $1,997,902.53 with a Contingency in the Amount of $21,797.47 for the BioSolid Removal Contract at the Waste Water Treatment Plant; City Council Resolution No. 6691 – Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Fehr & Peers, Inc. to Conduct Additional Traffic Data Collection for the Transportation Master Plan Update in the Amount of $10,800; City Council Resolution No. 6692 – Authorizing Award of Construction Contract to Amerine Systems, Inc. in the Amount of $675,000 with a 10% Contingency in the Amount of $67,500 for the Construction of the West I Street Sewer Lift Station Rehabilitation Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund; City Council Resolution No. 6693 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Precision Civil Engineering, Inc. for On-Call Temporary Staffing Services for the Public Works Department in an Amount Not to Exceed $200,000; City Council Resolution No. 6694 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Jacob Green & Associates for Recruitment Services to Fill the Positions of Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager as Stated in their Proposal. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6695 – APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE RESIDENTIAL REAL PROPERTY OWNED BY THE CITY LOCATED AT 1329 FRANK STREET, DOS PALOS (APN 012-104-017. Removed from the agenda at the beginning of the meeting with approval of the agenda. CONSIDERATION OF NOMINATION TO MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) MEASURE V CITIZENS OVERSIGHT COMMITTEE – Michael Amabile. Motion by Jones, seconded by Lambert to approve the nomination of Michael Amabile to MCAG Measure V Citizens Oversight Committee. 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 15301, Existing Facilities, and Cottage Food Operation #2023-03 for Yudit Romo Llanos at 436 N. Mercey Springs Rd., more specifically identified as Assessor's Parcel Number: 424- 120-002; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-10 for the development of a three (3) story mixed-use structure within the Mixed- Use Zoning District. The proposed project consists of fifteen (15) residential units and two (2) commercial units totaling 16,200 square feet located at 655 J Street; more specifically identified as Assessor's Parcel Numbers: 026- 053-008. CITY MANAGER REPORT. City Manager Pinheiro gave a gib thank you to staff for all the painting jobs around the City. 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). Mayor Llanez stated that the next MCAG meeting is next week; PCE offers extra discounts, there has been a miscommunication on a certain charge and he is working with PCE to find a way to get excess funds to Los Banos residents. CITY COUNCIL MEMBER REPORTS KENNETH LAMBERT: Stated that this council, we support all of our city employees, first responders, fire and police, we do support our city employees, items B, C, D, E are things that needed to be done several years ago and are just now getting done, what we are doing is what’s best for the city, with more to come down the road. DOUGLAS BEGONIA, JR.: The last council meeting was cancelled because we were at the League Conference in Sacramento, he learned about emergency preparedness, how to combat homelessness, how to conduct ourselves as council member, how everyone is not going to agree with what we do, and act in a professional way, there were incredible and amazing things from the vendors, technology that we could use at City Hall, the keynote speaker was Brandon Fleming and he was glad to hear his story. BRETT JONES: No report. DEBORAH LEWIS: Stated that in regards to the items on the consent agenda, maybe some of them could be done a year or so ago maybe not, her point is that there is no opportunity for readdress and she pulls each item off so that they can be discussed and the public know how their money is being spent, how she sits on the Valley Air Board and was elected by other county agencies to sit on, there is a policy that we are not allowed as members to apply for grant funding and I think that is something we as a Council need to consider moving forward here in Los Banos; how we have had the Interim Finance Director on board for 13 months now and the total amount of money we have paid him is over $300,000, I know that we are recruiting for a Police Chief, Public Works Director and some other positions but has not heard anything about the Finance Director recruitment and feels that we should fill this position too, it is time for us to fill this position with someone that is here every day and not just a few day out of the month; people have asked her why she asks so many questions and it is because staff has to have permission to talk to her and what she hears is what people tell me in the community, I have no idea what goes on in this town, I am entitled to receive the same information that others receive. PAUL LLANEZ: Stated that when he was elected he was sent to the League Conference to learn things like decorum as a council member and your communication with city staff and how not to pull items form the consent agenda and put employees on the spot, it is now 7:41 pm and people have been here 13 hours, how he is very open with his availability to meet and discuss any agenda meeting item; thanked all city staff, commenting on how it takes guts to come to the podium and speak, a little upset that he spoke to the local newspaper for 37 minutes which only amounted to a few quotes, how an unnamed person came to our city manager and asked for funds to start a newspaper, and how city staff doesn’t have to agree with policy and he will listen to them, his door will never close. ADJOURNMENT. Motion by Jones, seconded by Lewis, the meeting was adjourned at 7:44 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