City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES MAY 15, 2024 ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record. CALL TO ORDER: Mayor Pro Tem Lambert called the City Council Meeting to order at the hour of 6:01 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Kenneth Lambert, Deborah Lewis; ABSENT: Council Member Brett Jones, Mayor Paul Llanez. STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson CONSIDERATION OF APPROVAL OF AGENDA: Motion by Begonia, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Jones and Llanez absent. PRESENTATIONS. CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR APRIL 2024 – JUSTIN RAGUNTON, PLANNING TECHNICIAN. Mayor Pro Tem Lambert presented the certificate to Justin Ragunton, who was present to accept. PROCLAMATION RECOGNIZING POPPY DAY. Mayor Pro Tem Lambert presented the proclamation to Auxiliary Unit of Los Banos, who were present 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. Pastor form Mercey Springs Church spoke to how they will be soon opening the church in coordination with the City for a cooling zone center every day of the week starting June 7, 2024 from 3 - 8 pm and the events that will be happening, encouraged the City and officials to reach out to those in the community to raise funds and help with events, the churches have resources that can be very helpful for the city, it is important to recognize the separation of church and State and how they can inner lap and how important is that we are able to communicate, listen and understand each other, we need listen and try to figure out where that person is coming from and where they are at; KATHY BALLARD spoke to how she met the new commission members of Measure H and was pleased and hopes that the City Attorney will train them about meeting rules, spoke to how it wasn’t a developer who circulated the recall petitions it was citizens, I was one of them, the developer did not sign it, concerns with how the City is paying for unnecessary expenses, with the change in Council these things might change; UNNAMED PERSON gave an update on what is happening with the animals, the spay clinics held and the numbers that have been spayed or neutered, how if a low cost or no cost option is available we can get the animal population under control, we could use a transporter van to shuttle the animals to clinics in Salinas, requests that the City Council to approve funds for a transport van from a local car dealership, a year ago several of us worked together to help the animals in Los Banos along with Feral Freedom and the UC Davis grant, microchipping services have also been provided, hosted a table at the Downtown Street Faire to inform the public of what is available to them; GREG HOSTETLER spoke regarding the Shaunessey Subdivision/DeAnza Way and how the project has been accepted by the City, a letter was sent to him by Interim City Manager Wellman and how a response has been sent two times and no response from the City has been received, but a nasty gram, he has met with the City Manager and requested to meet with CalTrans, the City Manager said he would do it his way and he has yet to receive a response and no formal response from the City on what is going on, he received a MOU from City Attorney as to what the city wants and has copies of letters he is talking about to share, all of this is in Mr. Begonia’s area and how he has not heard from him, how he has not heard from Mr. Lambert and he’s been a Council Member for four years, the City has received millions of dollars in traffic fees, park fees, and how he understands that the City Manager and Mayor are again at conference in Washington, D.C. on the city dime, how he is real sorry that Brett Jones is not here to hear from him as he doesn’t name him as the developer but it is him he is talking about and how you can’t blame this stuff on Greg Hostetler, how the most intelligent person on this Council is Council Member Lewis, noted that there was no budget study session and everything is on the consent agenda. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull items 7A – Check Register for #244708 - #245304 in the Amount of $2,689,088.65, 7D – Appointment of Roger Pruitt to Serve a Four (4) Year Term Expiring May 15, 2028 as the City’s Representative on the Merced County Mosquito Abatement District Board of Trustees, 7E – City Council Resolution No. 6766 – Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in Assessment District No. 9, Account 279-458-200-714, for Expenditures in the Amount of $11,500.00 for the Rehabilitation of the Jo-Lin Storm Lift Pump, 7G – City Council Resolution No. 6768 – Approving the Acceptance of a $10,000 Maddie’s Fund New Grantee Operating Support Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $10,000 & 7H – City Council Resolution No. 6769 – Approving the Acceptance of an Additional $1,810 From UC Davis Koret Shelter Medicine – California for All Animals Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $1,810 from the Consent Agenda for discussion prior to approval. 7A – Check Register for #244708 - #245304 in the Amount of $2,689,088.65. Council Member Lewis stated that she is requesting this item to be pulled from the consent agenda because all of the years she has been able to ask questions and meet with the Finance Director about checks on the list but she was recently told that she is unable to speak with the Finance Director without going through the City Manager for which Ms. Portillo responded to; Council Member Lewis inquired as to “City Signs” payments on the check register list for which Mr. Heim stated that those purchases are related to the Parks & Recreation Department, i.e. Noah Jones Ball Park, Canal Trail off of Center Street, updated logo at Community Center; Council Member Lewis noticed that there are other monuments out there like baseball soccer, for which Mr. Heim stated that those were purchased a few months back and arrived about 8 weeks ago from another company, they are putting similar ones at the Ag Sport Complex; Council Member Lewis stated that the other signs came to Council for approval but does not recall that these did, which Mr. Heim explained that these recent purchases were part of a project; Council Member Lewis inquired as to the “McNamara Sports” purchase for which Mr. Heim responded that it was for sports equipment, uniforms and probably related to T-ball season; Council Member Lewis stated that she added up nine payments to Ronnys and inquired as to if this all within the last month or invoices that have paid on that were past due, it is a lot of money for which Mr. Heim explained that this is also costs associated with the Noah Jones Ball Park, irrigation and monthly fees; Council Member Lewis inquired as to payments to Mr. Kuhn and inquired as to the contract that we currently have with Mr. Kuhn indicates that he is to be paid when he was the Acting Finance Director $26,400 per month, so she is not sure what pay period the recent payments are for and it appears that we are still paying Mr. Kuhn the same amount when he was Acting Director, for which Ms. Portillo responded that she will go back and tie up what those pay periods are for, we are still under contract with Mr. Kuhn for financial services as we still have a vacancy in the Finance Manager position; Council Member Lewis inquired as to the “Elk Grove-F Inc.” check for which Ms. Portillo responded that this is associated with the purchase of vehicles; Council Member Lewis inquired about the “Gabriel Ortiz” payment and if are we paying him as a contractor under his business name for which Ms. Souza Elms responded that that is his business name and it just appears to be cut off on the check register. 7D – Appointment of Roger Pruitt to Serve a Four (4) Year Term Expiring May 15, 2028 as the City’s Representative on the Merced County Mosquito Abatement District Board of Trustees. Council Member Lewis stated that this appointment was done by the City Manager and she thought all appointments were done by the City Council, it appears that the City Manager alone is making the recommendation; City Attorney Vaughn spoke to how the representative passed away last year and this is filling the vacancy and is not a City Commission, but akin to her appointment on the Air Board and is not sure how the appointment is made; Council Member Lewis feels that this should be coming from City Council recommendation not City Manager. 7E – City Council Resolution No. 6766 – Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in Assessment District No. 9, Account 279-458-200-714, for Expenditures in the Amount of $11,500.00 for the Rehabilitation of the Jo-Lin Storm Lift Pump. Council Member Lewis inquires as to why we are asking for a budget increase, was something missed when it came to Council, for which Mr. Bergson responded that something broke and this is an unanticipated expense. 7G – City Council Resolution No. 6768 – Approving the Acceptance of a $10,000 Maddie’s Fund New Grantee Operating Support Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $10,000 & 7H – City Council Resolution No. 6769 – Approving the Acceptance of an Additional $1,810 From UC Davis Koret Shelter Medicine – California for All Animals Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $1,810. Council Member Lewis wanted to give a shout out and congratulations to Sergeant Mendez who took the time to seek out the programs and seek out these grants, he is a great employee and hopes that he continues to look for more grant funding Motion by Lewis, seconded by Begonia to approve the consent agenda as follows: Check Register for #244708 - #245304 in the Amount of $2,689,088.65; Minutes for the March 20, 2024 City Council Meeting; Minutes for the April 3, 2024 City Council Meeting; Appointment of Roger Pruitt to Serve a Four (4) Year Term Expiring May 15, 2028 as the City’s Representative on the Merced County Mosquito Abatement District Board of Trustees; City Council Resolution No. 6766 – Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in Assessment District No. 9, Account 279-458-200- 714, for Expenditures in the Amount of $11,500.00 for the Rehabilitation of the Jo-Lin Storm Lift Pump; City Council Resolution No. 6767 – Accepting the Exterior Painting of the Community Center Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder Office; City Council Resolution No. 6768 – Approving the Acceptance of a $10,000 Maddie’s Fund New Grantee Operating Support Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $10,000; City Council Resolution No. 6769 – Approving the Acceptance of an Additional $1,810 From UC Davis Koret Shelter Medicine – California for All Animals Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $1,810; City Council Resolution No. 6770 – Terminating Emergency Repair to the Los Banos Airport Runway Lighting. The motion carried by the affirmative action of all Council Members present, Jones and Llanez absent. PERMANENT LOCAL HOUSING ALLOCATION-COMPETITIVE-NAVIGATION CENTERS; CITY COUNCIL RESOLUTION NO. 6771 – AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT. Community & Economic Development Director Souza Elms presented the staff report. She also introduced Christy McCammond, the City’s Housing Manager presented the staff report in more detail which included a PowerPoint presentation. Council Member Lambert stated that this has nothing to do with our $11.2 million that we recently received and Ms. Souza Elms explained where that funding came from in comparison to what’s being requested now, noting that it did not come from Merced County or COC. Council Member Lewis inquired as to if there is going to be staff on duty 24/7 for which Ms. McCammond responded that the bridge homes would be staffed in case management Monday-Friday 8am-5pm with a house monitor staffed 24/7. Council Member Lewis stated that there two other sites in the City and are there a lot of police calls for service for which Ms. McCammond responded that she’s only heard of one, how she and Jennifer Loa, Homeless Outreach Coordinator are in and out of homes throughout the week, they are lovely homes and there is a definitely a feeling of community and family, and receive fewer calls than we do in the encampment; Police Chief Reyna added that calls are minimal and very infrequent, generally we do not even know these facilities are in the areas they are in. Council Member Lewis stated that it’s too bad we don’t have more money for homes like this to get people more help. Ms. McCammond spoke to how she attended an event celebrating the grant funding and appreciates the investment. Motion by Begonia, seconded by Lewis to adopt City Council Resolution No. 6771 – Authorizing the Application for the Permanent Local Housing Allocation Program Non- Entitlement Local Government Competitive Component. The motion carried by the affirmative action of all Council Members present, Jones and Llanez absent. ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT. Absent 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). No report, next SJVAPCD is May 16, 2024. CITY COUNCIL MEMBER REPORTS: DOUGLAS BEGONIA, JR.: Awesome job to Ms. McCammond and thanked her on her presentation; addressed Ms. Kathy Ballard and thanked her for her honesty, yes we are putting flowers in front of houses, we are working hard to rid this city of problems that have been plaguing us for far too long. BRETT JONES: Absent DEBORAH LEWIS: Thanked Pastor Hammond for the National Day of Prayer event and for always sponsoring this event and all the pastors that participated for our City and our State and our Nation; at the last meeting on April 17, 2024 she asked for an update on our TOT sales tax and how we hired a firm in 2023 to look at our sales use tax analysis, TOT analysis and auditing, and we haven’t had a report on the outcome of those and spoke to the calculations she has done as to how much that all would cost, she is requesting again for this item to be on the agenda for the information unless Mr. Kuhn or Ms. Portillo can give a report for which Ms. Portillo stated that she can look into the request and get back to her. Council Member Lewis stated that each year our City has an independent audit done, how at the Air Board Meetings their audit was done in February, and inquired as to why Price Page has not been here to present for which Ms. Portillo responded that she hopes to be done with the audit and present at the next Council Meeting in June and she is not sure what the practice is here in Los Banos; Council Member Lewis added that she hopes that Price Page comes to present the audit; Council Member Lewis stated that we do have a Finance Director on board and not sure why we still need a financial consultant at the price of $26,400 a month, that is the salary we agreed to as the Acting Finance Director and no new contract has been brought to Council, if he is being paid to fill in for the Finance Manager vacancy he should be paid at a lower rate, not sure why we still have a second person as a consultant to our Director and why are we paying two Director salaries, and eels that it would be appropriate to being an agreement back to adjust his contract now that we have a Director on board. KENNETH LAMBERT: Gave a shout out to our grant writer and Department Heads on the awesome job they are doing, how we have churches who do wonderful things in our City and they do wonderful work in our City. PAUL LLANEZ: Absent ADJOURNMENT. Motion by Lewis, seconded by Begonia, the meeting was adjourned at 7:21 p.m. APPROVED: __/s/ Kenneth Lambert__________ Kenneth Lambert, Mayor Pro Tem ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk