City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 18, 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 6:01 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, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn, Interim Public Works Director/City Engineer Lemus CONSIDERATION OF APPROVAL OF AGENDA: Mayor Llanez stated that staff is requesting that item 10 – Advisement of Public Notices (One Report) be removed from the agenda. Motion by Jones, seconded by Lambert to approve the agenda as amended with the removal of item 10 – Advisement of Public Notices (One Report). The motion carried by the affirmative action of all Council Members present. PRESENTATIONS: CERTIFICATE OF RECOGNITION – GOLDEN VALLEY HEALTH CENTER’S STREET MEDICINE TEAM; CERTIFICATE OF RECOGNITION – RENEE DAVENPORT. Mayor Llanez presented the certificates, for which Kaylie Mello and Renee Davenport 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 of not trusting her city, concerns with all the important items being on the consent agenda and not the regular agenda which doesn’t give the public the opportunity to hear about an item or ask questions, inquired as to why we are not buying copiers outright to save money and then just buy a service maintenance, she doesn’t see a credit for the old copier equipment, congratulated the city council to being under $1.5 million for the check register, show she would like to hear an update on the $5 million grant for a new fire station, the last minute request for the $1.5 million homeless housing, encouraged and invited the public to come to city council meetings and voice their concerns as she does not want to be the only one that comes up here, and thinks changing the meetings back 7:00 p.m. would be a good idea; CHRIS SANTOS, representing Congressman John Duarte, spoke regarding the Merced County 2023 Business of the Year awards ceremony that he attended, congratulating all those that were recognized, spoke regarding the work Congressman Duarte is doing on behalf of his constituents and he will continue his efforts to get the house back to where it should be, affirmed his support for Israel and proud to stand with the Israeli people, and prayers for the safety of all involved; UNNAMED PERSON, stated that people are here today because they have questions, questions that are not being answered, there are red flags regarding the Interim Finance Director and $26,751 tonight on the consent agenda, concerns with BWK Consulting and the staff report from the meeting his contract was approved, did not come from an official bid but a personal solicitation, how he is looking for registration and certification, how a personal email being used by BWK is not a good practice, the California Secretary of State does not show that BWK Consulting has a current registration, questions if the company the city has contracted with legally able to conduct business and if it is contract fraudulent; UNNAMED PERSON, complimented the city for the things they have done for the homeless community and to Christy McCammond and her staff for the things they have done which she considers a gold flag; CAMI AVELAR, stated that she has not forgotten the homeless, she has a video of them chopping down a tree and she called the police, hopes the city is putting money away to fix all the damage they have done, watched a naked man fix his tent from her bedroom window, they are up all night, difficult for us who live in that neighborhood, she feels there needs to be more transparency with the budget and concerns with how every week we seem to be adding more things to the budget, where are these funds coming from, concerns the city manager have come up, how it requires a lot of qualifications and doesn’t seem to be a position that on the job training would be good enough, most City Managers have lots of experience, she could not do her job without her 20 years of experience, she is unclear how the City Manager is able to do his job without experience, there are problems with city employees and she would encourage the city council to not stick your head in the sand and ignore the problem, she’s happy to see that the ladder truck is on the agenda but is not getting the math there on that item, if we had a reconciliation it would be helpful, how getting here for 6:00 p.m. meeting is difficult, moving it to 6:30 p.m. would be helpful; UNNAMED PERSON from New Beginnings Church spoke regarding the upcoming Annual Harvest Fun Festival on October 31st from 5:30-8:00 p.m. which they have been hosting for over 13 years with lots of activities going on and many food businesses that will be there; UNNAMED PERSON, spoke regarding concerns about Shaunessey Village and access to DeAnza by MSEFCU, how it is a safety issue and would like an update on those items, read a letter from the City of Los Banos to developer Stonefield regarding their stance on the road improvements, tentative map, CalTrans approval, final phase maps, notice to developer to comply, and he wants to know what is being done; SALLY HUGHES, American legion Auxiliary, spoke how they are fundraising for Wreaths Across America program for $17 each from any member or go purchase online; UNNAMED PERSON, stated she is still waiting for a report on the animal shelter, we still do not have a city engineer, would request that you reconsider the animal shelter modular, and would like to have an animal advisory commission approved; MIKE HUGHES, Commander of the VFW, thanked the City, especially Ivan Mendez and the Public Works employees who have worked diligently on the Veterans Day parade that is happening on November 4th and invited all to be come to the parade, which will be saluting the Air Force this year, there will be a breakfast before the parade at the Veterans Memorial Hall, thanked the City very much for the support they give; UNNAMED PERSON, representing the Elks, invited all to the Halloween costume for pets event on October 28th and that animals that are adoptable will be there, speaking to how Christy McCammond and her staff helped house a local veteran and thanked all that worked on that, how fantastic Christy McCammond is and a great addition to the city and another arm to aid to the public’s wishes, how the Elks provide a welcome home kit for all veterans that are moving into any kind of home; ROY TODD, volunteer representative of the Los Banos Chamber of Commerce, announced that signups are being taken for the Christmas Parade, the upcoming Second Annual Trunk or Treat event, Mixer on October 26th, congratulated Golden Valley Health Center ribbon cutting, spoke regarding the new chamber members, congratulated Noah Jones with the Los Banos Police Department, thanked him for his years of help as he is always there bright and early to help; MARIBEL GARCIA, representing Los Banos Downtown Association, spoke regarding the upcoming Farm to Table event, thanked the city for their support and to all the sponsors, special thank you to everyone who showed up, how they have been working on a downtown surveillance program, more waste receptacles downtown, want to ensure your shopping experience downtown is the best it can be, upcoming Winter Night Celebration on November 30th downtown and thanked all the sponsors. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that the following items be removed from the Consent Agenda for discussion before approval: 7C – City Council Resolution No. 6696 – Approving the IT Managed Services Fixed Agreement with Mid Valley IT, 7D – City Council Resolution No. 6697 – Approving the Lease-Purchase Agreement with De Lage Landen Public Finance LLC and Print Services Agreements with CalTronics Business Systems, 7E – City Council Resolution No. 6698 – Rejecting Bids for the Construction of the Shaunessy Village Park Project, 7F – City Council Resolution No. 6699 – Authorizing the City Manager to Execute a Purchase Agreement with Brindlee Mountain Fire Apparatus for a Refurbished Aerial (Ladder) Truck and Adopting a Revised Budget for the 2023-2024 Fiscal Year As it Pertains to Expenditures in the Amount of $29,800, 7H – City Council Resolution No. 6701 – Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Turf Improvements at 7th Street Ball Park in the Amount of $168,686 and Project Contingency of $25,302 and Amend Fiscal Year 2023-24 Budget by Increasing the Appropriation Amount in the Measure H Account 101-451-290-717 $100,000. Item 7C – City Council Resolution No. 6696 – Approving the IT Managed Services Fixed Agreement with Mid Valley IT. Council Member Lewis inquired if we have an agreement with Mid Valley IT that we have been doing business with since 2019, for which Interim Finance Director Kuhn responded that there is one from 2019 with no duration; Council Member Lewis inquired as to if there is a reason we didn’t go out to bid for these services for which Interim Finance Director Kuhn explained there is no need to go out to bid for these services; Council Member Lewis inquired as to why it only a one year contract for which Interim Finance Director Kuhn explained that this will be brought back up in a year during budget time, and that he can’t speak to the former Finance Director, former City Manager, or former City Council on why they did what they did; council Member Lewis stated that she has concerns with the COLA they will be charging and hopes that the city will take this out to bid as this would be the appropriate thing to do; Mayor Llanez stated that IT is an item that you need for continuity of business and supports approval of this item; City Attorney Vaughn stated that professional services are not bid, but RFPs are requested, it is not a bidding situation, if the city wants to it can request proposals. Item 7D – City Council Resolution No. 6697 – Approving the Lease-Purchase Agreement with De Lage Landen Public Finance LLC and Print Services Agreements with CalTronics Business Systems. Council Member Lewis has concerns the city moving to use community procurement, Sourcewell, and not giving the local businesses a chance to bid, she is not convinced that we are getting the best price, a resident had a question on page 67 of leasing and if we will be getting a refunds for which Interim Finance Director Kuhn spoke to the background of the copiers and how this will be a lease purchase agreement and the cost per month matched with the current budget numbers with no required budget amendment, spoke to what has been done in the past to figure out if we own the machines or not and explained the current agreement situation and associated costs. Item 7E – City Council Resolution No. 6698 – Rejecting Bids for the Construction of the Shaunessy Village Park Project. Council Member Lewis inquired as to what the issue was with the bid protest for which Interim Parks & Recreation Director Heim that a bidder submitted a bid protest because of licensing and irregularities and that it wouldn’t be in the best interest of the city to move forward with approval and to rebid the project as soon as possible. Item 7F – City Council Resolution No. 6699 – Authorizing the City Manager to Execute a Purchase Agreement with Brindlee Mountain Fire Apparatus for a Refurbished Aerial (Ladder) Truck and Adopting a Revised Budget for the 2023-2024 Fiscal Year As it Pertains to Expenditures in the Amount of $29,800. Council Member Lewis inquired as to the short fall of $29,800 but then there is mention that there is a surplus of $223,000, how it all adds up to $800,000 and what funds are needed for which Fire Chief Tualla explained where the surplus came from, the sale of various apparatus of surplus and Interim Finance Director Kuhn explained that appropriations need to be accounted for the expenditure. Council Member Lewis inquired as to the average amount years we will get out of the fire truck that we are trying to purchase for which Fire Chief Tualla stated about 10 years and it will be primarily used for fire response and rescue responses; Council Member Lewis stated that we have gone way too long without a ladder truck, hopes that we will start budgeting for whatever equipment the Fire Department needs; Council Member Lambert commend staff on the great work locating this fire truck, how new fire trucks are $1.8-$2 million and they take years to prepare; Mayor Llanez stated that he loves Fire Chief’s Tualla’s strategy and this has been a long time coming and thanked him for bringing this to council for approval. Item 7H – City Council Resolution No. 6701 – Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Turf Improvements at 7th Street Ball Park in the Amount of $168,686 and Project Contingency of $25,302 and Amend Fiscal Year 2023-24 Budget by Increasing the Appropriation Amount in the Measure H Account 101-451-290-717 $100,000. Council Member Lewis stated that she is a bit confused as the sub area states that the contract amount is one amount but bid submitted states another for which Interim Parks & Recreation Director Heim explained the rationale behind the unit prices; Council member Lewis inquired as to why we asking for a contingency if the amounts were underbid for which Interim Parks & Recreation Director Heim explained and how the park has always been neglected and taken care of on a volunteer basis, remaining funding will be standardizing the dimensions of the diamond dimensions, administration of the contract; Mayor Llanez thanked staff for these improvements; Councill Member Jones inquired as to if there are funds left over from this project, what happens to those funds for which Interim Parks & Recreation Director Heim explained if we have extra funds they stay in the Measure H fund and if we need more we will request it. Motion by Lambert, seconded by Begonia to approve the consent agenda as follows: Check Register for #241239 - #241448 in the Amount of $1,371,400.56; First Quarter Investment Report for the 2023/2024 Fiscal Year; City Council Resolution No. 6696 – Approving the IT Managed Services Fixed Agreement with Mid Valley IT; City Council Resolution No. 6697 – Approving the Lease-Purchase Agreement with De Lage Landen Public Finance LLC and Print Services Agreements with CalTronics Business Systems; City Council Resolution No. 6698 – Rejecting Bids for the Construction of the Shaunessy Village Park Project; City Council Resolution No. 6699 – Authorizing the City Manager to Execute a Purchase Agreement with Brindlee Mountain Fire Apparatus for a Refurbished Aerial (Ladder) Truck and Adopting a Revised Budget for the 2023-2024 Fiscal Year As it Pertains to Expenditures in the Amount of $29,800; City Council Resolution No. 6700 – Authorizing the City Manager to Issue a Purchase Order for the Purchase of a New Mobile Generator through the Cooperative Procurement Contract with Sourcewell and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund in the Amount of $58,125.31; City Council Resolution No. 6701 – Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Turf Improvements at 7 th Street Ball Park in the Amount of $168,686 and Project Contingency of $25,302 and Amend Fiscal Year 2023-24 Budget by Increasing the Appropriation Amount in the Measure H Account 101-451-290-717 $100,000. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ACCEPTANCE OF THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 2019-2023 IN ACCORDANCE WITH ASSEMBLY BILL (AB) 1600. Interim Finance Director presented the staff report, which included a PowerPoint presentation. Mayor Llanez opened the public hearing. UNNAMED PERSON inquired as to what kind of improvements are being done to the Police Annex and if it will be an upgrade for police services or some other purpose, for which Interim Finance Director Kuhn explained that it will be used to house Development Services, i.e. planning, engineering/public works, general government services. No one else came forward to speak and the public forum was closed. Motion by Lambert, seconded by Jones to accept the Development Impact Fee Report for Fiscal Years 2019-2023 in Accordance with Assembly Bill (AB) 1600. The motion carried by the affirmative action of all Council Members present. NOTICE AND ANNOUNCEMENT OF VACANCIES AND APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON THE SELECTION COMMITTEES FOR THE FOLLOWING COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION – THREE (3) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2025, ONE (1) UNEXPIRED TERM – EXPIRING DECEMBER 31, 2024; MEASURE H CITIZENS’ OVERSIGHT COMMITTEE – TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2025; MEASURE P COMMITTEE – TWO (2) VACANCIES, THREE (3) THREE (3) YEAR TERMS – EXPIRING DECEMBER 31, 2026; PARKS & RECREATION COMMISSION – TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2025; TREE COMMISSION – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2025. Motion by Lambert, seconded by Jones to appoint Council Member Begonia 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 Begonia, seconded by Jones to appoint Council Member Lambert to serve with the Mayor on the Selection Committee for the Measure H Oversight Committee. The motion carried by the affirmative action of all Council Members present. Motion by Lambert, seconded by Begonia to appoint Council Member Jones 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 Begonia, seconded by Lambert 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. ADVISEMENT OF PUBLIC NOTICES. (One Report). Removed from the agenda at the beginning of the meeting with approval of the agenda. CITY MANAGER REPORT. No report. 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 spoke to the cameras that have been installed downtown. CITY COUNCIL MEMBER REPORTS DOUGLAS BEGONIA, JR.: No report BRETT JONES: Thanked staff as they have been getting quite a few things done, routine maintenance items done, which haven’t really been done before and he has been asking for it to be done since day one, and how he has not once have had to ask the City Manager to get things done like this. DEBORAH LEWIS: Stated that she would like to let the public know that the City spent almost $1.5 million on projects and the public has no say in it, and that we have nothing on the regular agenda when it comes to spending the tax payer dollars, items on the consent agenda are supposed to be routine and they’re not, how the Buster Posey Ballpark was renamed this weekend and she congratulated Police Officer Noah Jones as it was announced that there were three people who decided to rename the park without full council approval, that was the Mayor, Council Member Jones and City Manager and how the park was named the Buster Posey Park, hopes that once it is redone that there will be maintenance built in to keep it nice, the need to keep parks maintained, she feels that when things are changed in our city and they need to be vote on and closed door decisions should not be made, congratulated Interim Public Works Director Jose Lemus to the City and noted that no one told her he was on board working for the city. KENNETH LAMBERT: Made notice and recognized the first quarter investment report which showed a 28% increase, how our city is moving in the right direction, we rely on our department heads to do the right things for our city, happy to see the ladder fire truck, thanked the department heads for all the hard work that they done, we are still working on the animal shelter and homeless improvements, , when we get the information we will present it, we work with what we can, I wish we could get a lot of things done overnight, how presentations are always spot on, and that during public forum when you speak to make sure what you say is factual, he has been hit several times and it is unfactual. PAUL LLANEZ: Explained why the renaming of the park wasn’t brought to council for approval, as it was Council Member Jones’s idea and Merced County Parks approved it and it actually came from an idea from Marci Fahey; he gave animal shelter update, noting how we have doubled the staff, there is a veterinarian, and we are now open Saturdays, noted that we are not ignoring the animals shelter, but things are happening but that is the speed of government, we hope to have some public forums for input, spoke regarding Volunteer Days with Parks & Recreation, i.e. Ranchwood, Community Center rail trail, Vineyard Park. Spoke to how we do a lot of business up here and we get a lot done, and it is our job to run government efficiently and to not ask questions during Council Meetings but to reach out to staff prior to. ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned at 8:00 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