City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JUNE 19, 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 Llanez called the City Council Meeting to order at the hour of 6:02 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., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None. STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, 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 Lambert, seconded by Jones to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. 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. CHRISTIAN SANTOS, Congressman Durarte’s office, thanked the City Manager to meeting today, congratulated Larry Borelli who is a recent Los Banos graduate to is attending the Air Force Academy and wished him the best of luck, how he has nominated 6 students for Armed Forces Academy and encouraged anyone interested in recommendation to contact them, how they are supporting the veterans affair bills that provide special programs for veterans care; INAUDIBLE, representative from Assembly Member Soria’s office, spoke to how they got to spend some time today meeting with local officials and meet with stakeholders and will be here next Friday hosting an event; KATHY BALLARD expressed concerns and disappointments with the video recently posted by Brett Jones and Josh and why air all the city’s dirty work, why reduce the budget in the Police and Fire areas and just found out the drone show was $18,000, putting in a pickleball court, she regularly attends meetings and wanted to know if Imagine Way More film the video posted online; CAMI AVELAR inquired as to the Martin vs Boise case as it pertains to homeless encampments and how the homeless have a right to stay for sleeping but not for living, how there is a homeless man with a drum set, they don’t pay taxes, why do they have more rights than she does, she encourages you to find another place to put them, the trailer park had them for a year, we’ve had them for a year, it is time for someone else to have them for a year, we have to come up with a solution that works for us, and how they are trampling on her rights; UNNAMED PERSON, spoke regarding the proposed roundabout at Highway 152/Volta Road and gave a brief update to the project’s status, the last council meeting there was a question about the $200,000/$100,000 limits and how this was changed in June 2023 to this amount and prior to that is was $100,000/$50,000 and stated the resolutions that this happened on, asked for an update on the homeless outreach programs/tiny homes, an update on De Anza Way and the unimproved area, the two housing/homeless positions and when they were appointment and how those were approved during the city council meeting of November 16, 2022 by Interim City Manager Wellman; BLANCHE let everyone know that we worked alongside and using the UC Davis Grant with the Los Banos Police Department, the animal shelter, code enforcement and how they are working to spay and neuter animals and their continued efforts, A Tale to Remember Wine Walk being held and the benefactors of Friends of Los Banos and those businesses downtown that are participating in the event, the 4th of July event and the fireworks that will be happening around that time and how it affects animals, seniors and our veterans; AMANDA RUIZ, speaking in Spanish and then being translated by Police Officer Heredia stated that she has questions that she’d like explained in kindergarten language, and written down on paper, she has been living at her residence for one year and the water pressure has decreased and wants to know why, with the raising of the prices of the water rates, is it because of the new homes; SARA EDWARDS spoke regarding cyber bullying that is going on in Los Banos and wishes someone would take it seriously and how she is experiencing it in her neighborhood and how she has done nothing wrong and doesn’t like being threatened; MS. OCHOA speaking in Spanish and then being translated through Police Officer Heredia stated that she is here to speak in opposition to raising the water and garbage rates, we have water that is very contaminated and we are not doing anything to fix that problem and would like for the city to do something here in Los Banos; JERRY GEISEL inquired why the minutes are not available on the website for the City Council or Planning Commission meetings, he feels the citizens of Los Banos would appreciate them being there so that they are available to public so that they know what is happening going back to February. 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 the following items for discussion: Item 7G – City Council Resolution No. 6789 – Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Not to Exceed $44,600; Item 7H – City Council Resolution No. 6790 – Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.); Item 7I – City Council Resolution No. 6791 – Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O’Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 – June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year; Item 7J – City Council Resolution No. 6792 – Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report; Item 7K – City Council Resolution No. 6793 – Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570. Item 7G – City Council Resolution No. 6789 – Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Not to Exceed $44,600. Council Member Lewis inquired as to if this something new or ongoing for which Mr. Bergson responded that this is to update the current standards from what was in place four years ago and this is in relation to our surface water, how we are having to look for new ways to get surface water to provide water for the city and look for additional resources. Item 7H – City Council Resolution No. 6790 – Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.) Council Member Lewis inquired as to the conditions of approval in regards to landscaping and the master plan developed and the requirements for landscaping and irrigation requirements of the developer for which Mr. Bergson explained that this happens when each phased is developed; Council Member Lewis stated that she would like to see that the landscaping be done at the beginning of the project instead of in phases for which Mr. Bergson explained that this is the normal way to add landscaping in phases, for which Mayor Llanez stated that he agrees with Council Member Lewis that we need to front load the landscaping to the beginning of the development so that the homeowners get what they are expecting; Ms. Souza Elms explained the entire project and the history to landscaping standards and the condition being brought forward to be approved, how the condition can be deferred with approval and which is not something that is a current practice. Council Member Jones shares the same sentiment and how you have to do it as you develop out for which Ms. Souza Elms explained that there is a warranty bond for a year and how it has to be released after a certain amount of time has passed. Council Member Jones added that we have to borrow from the general fund to take care of landscaping and wait for reimbursement, would like to see more strength on these landscape improvements and struggling with trying to get them in in a timely fashion. Council Member Lewis inquired as to if we are still going to follow this procedure for which Mr. Bergson stated that there is a series of agreements that obligate the developer to put in the improvements. Item 7I – City Council Resolution No. 6791 – Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O’Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 – June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year. Council Member Lewis made not that there are eight companies listed, but there are 5 firms selected for which Mr. Bergson stated it is all eight. Item 7J – City Council Resolution No. 6792 – Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report. Council Member Lewis stated that this is the second year that Price Page who does our audit for the city and they have not come and gave us a report, there is a lot of stuff in here that I would like them explain to us, and just looking at some of the numbers I see a lot of variances with final budgeting and numbers are in brackets, which mean number are in negative standing for which Ms. Portillo explained that Price Page was supposed to be here tonight but because of personal circumstances they were unable to attend, stated that what is submitted is a clean audit and within accounting principles, spoke to the general fund reserves, how it has increased, the brackets are variances that happen during the budget but in the end we are in a good financial standing. Council Member Lewis inquired as to if these are estimates, as she thought they were actuals for which Ms. Portillo explained that the numbers you pointed out are the budgeted amounts against the actuals which causes the differences which is normal. Council Member Lewis added that this is a very in-depth and complicated report and she can’t figure it out and a big concern for her to see so many negatives, wishes the staff could have been here tonight to explain. Council Member Lambert stated that he looked through it too, numbers are a lot but that’s not his expertise, you are going to see a lot of ups and downs, but in the end we were not in the negative and is has been explained that yes at the end of the year we finished the year in a positive manner putting $2.6 million back in to the General Fund and the final report states all that I need to know and read. Mayor Llanez stated that when he looked at this, he kept in mind that we fixed a records number of roads and parks and we met a lot of goals and still have money left over. Item 7K – City Council Resolution No. 6793 – Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570. Council Member Lewis inquired as to how this is requesting the authorization of a one year contract, initial contract was 5 years and last year was the second year of the extension, and wondering why we didn’t go out for an RFP after last year’s audit to find a new company or use the same company for which Ms. Portillo explained that the audit didn’t get completed until May 2024, the process of closing out the Fiscal Year and how payments can be made in August and closing books how in September, the city was going through a financial system update and the workings of this project the City was not able to do the RFP, spoke to the process of the RFP and selecting an audit firm, Price Page was able to put us the auditing schedule for the Fiscal Year that just closed and will be issuing an RFP for next year’s audit. Council Member Lewis is not sure how this has anything to do with putting out an RFP when we know the contract has expired for which Ms. Portillo added we are asking for an extension so that they can audit the Fiscal Year that is closing and will be issuing an RFP for the next audit cycle, hopes we will be getting a new company on board. Mayor Llanez inquired as to the RFP process, is there a City policy on how this is done for which Ms. Portillo explained it is part of the purchasing policy. Mayor Llanez inquired as to if we are within policy for which Ms. Portillo explained with this extension we are in compliance. Council Member Lambert stated that if we if we didn’t continue with this firm we would have lost them and had a hard time finding a new one. Motion by Jones, seconded by Begonia to approve the consent agenda as follows: Check Register for #245598 - #245882 in the Amount of $2,629,442.95; City Council Resolution No. 6784 – Approving the Increase in Expenditures Related to Excess Grant Funding Through a UC Davis Grant Program in the Amount of $20,000 for Fiscal Year 2023-2024; City Council Resolution No. 6785 – Adopting a List of Projects for Fiscal Year 2024-2025 Funded by SB 1: The Road Repair and Accountability Act of 2017; City Council Resolution No. 6786 – Authorizing that the Design/Build Delivery Method be Used for the New Fire Station No. 4 Project and Addendum No. 1 of the Vanir Construction Management, Inc. Professional Services Agreement (PSA) be Entered into and that the City Manager Shall Execute Said Addendum and the Public Works Director/City Engineer Will Administer Said Addendum; City Council Resolution No. 6787 – Approving a Cost Share Agreement Between the City of Los Banos and the Los Banos Unified School District for Public Improvements for the Early Learning Center B Street Drainage Ditch Project; City Council Resolution No. 6788 – Accepting the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6789 – Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Not to Exceed $44,600; City Council Resolution No. 6790 – Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.); City Council Resolution No. 6791 – Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O’Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 – June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year; City Council Resolution No. 6792 – Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report; City Council Resolution No. 6793 – Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570; City Council Resolution No. 6794 – Approving a Tentative Agreement / Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Sergeants Association (LBPSA) from July 1, 2024 – June 30, 2027; City Council Resolution No. 6795 – Amending Division 4, Salary Schedule – Employee Classifications of the City’s Policy & Procedures Manual Relating to Changes to Section G – Police Associated with the LBPSA Tentative Agreements / Memorandums of Understanding; City Council Resolution No. 6796 – Amending Division 5, Personnel Benefits of the City’s Policy & Procedures Manual Relating to Changes to Monthly Health, Vision, Dental, Life Insurance Coverage Allowances as it Pertains to Unrepresented/Miscellaneous Employees. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A FIVE (5) YEAR WATER, WASTEWATER AND SOLID WASTE RATE PROGRAM ADJUSTMENT FOR ALL RESIDENTS AND COMMERCIAL CUSTOMERS; CITY COUNCIL RESOLUTION NO. 6797 – ESTABLISHING RATES FOR WATER SERVICE FEES; CITY COUNCIL RESOLUTION NO. 6798 – ESTABLISHING RATES FOR WASTEWATER SERVICE FEES; CITY COUNCIL RESOLUTION NO. 6799 – ESTABLISHING RATES FOR SOLID WASTE SERVICE FEES. Finance Director Portillo presented the staff report, which included a PowerPoint presentation. City Attorney Vaughn explained the purpose of the public hearing. Mayor Llanez opened the public hearing. JOHN LUPINI spoke to how he lives in a gated community and no one can tell him what his rates are, how it says that rates should be fair, how Four Season Los Banos maintains their own sewer lift station and how city services are connected to our service system and how landscaping is also connected to the LLD, how they are an HOA and charge our members to maintain our services, he is against the rate increase until that gets figured out; ANN McCAULEY stated that she just wants to know what the rationale is using the San Francisco CPI, is there another one that can be used, clarification on the 2% number selected, hazardous chemicals in our water and how that is being paid to take care of that, but she doesn’t have a problem with the rate increase; REFUGIO LLAMAS, reading the letters from the legislature office, noted how these increases are for just what it cost to increase the services, charging a fee to cover other expenses, and wanted to know if we know what the cost of this was, is it true that the city is going to purchase a street sweeper and if that is the case it falls under the general services and is not allowed with these increases; CAMIL AVELAR inquired as to why we are using SF/Oakland/Hayward CPI and how often is 2.5% exceed or go below, adding that she protests the increases. No one else came forward to speak and the public hearing was closed. Ms. Portillo spoke regarding why the SF CPI is chosen, as it is the closest area and most reasonable area to choose as opposed to LA or orange county, if the percentage cap is exceeded or goes below the rate, the residents will be noticed 30 days in advance, how the street sweeper is for solid waste services and this is an allowable expense, and the issues at the Four Seasons staff will research. Council Member Lewis speaking to the Four Seasons and the surrounding homes from the state’s streets that are attached, how can we reassure an answer back to him and had him give his phone number to the City Clerk. Council Member Lambert inquired as to what the last years increase was, which was 3.5%. Council Member Jones spoke to what they did 5 years ago with the rate cap and how amazing it is to only be at 2.4%. Mayor Llanez made note that we are the lowest in the County and compared to the same type of formula from 2019, what surprises him is that we have had issues with water and that explains why we are so behind, and understands the slow increase seems reasonable. Mayor Llanez took a short recess so that the City Clerk and city staff could complete the tabulation of the written protests received. The meeting was reconvened and the City Clerk provided the following results of the written protests: In regard to the proposed rates for the City’s water service fees: A majority of owners of the identified parcels would equal: 6,815. 4 written protests were submitted by owners of the identified parcels and/or any tenants directly liable for the payment of water service fees. A majority protest (does or does not) exist and the City Council (may or may not) proceed to consider the proposed Resolution No. 6797 Establishing Rates for Water Service Fees. In regard to the proposed rates for the City’s wastewater service fees: A majority of owners of the identified parcels would equal: 6,815. 3 written protests were submitted by owners of the identified parcels and/or any tenants directly liable for the payment of wastewater service fees. A majority protest (does or does not) exist and the City Council (may or may not) proceed to consider the proposed Resolution No. 6798 Establishing Rates for Wastewater Service Fees. In regard to the proposed rates for the City’s solid waste service fees: A majority of owners of the identified parcels would equal: 6,815. 4 written protests were submitted by owners of the identified parcels and/or any tenants directly liable for the payment of solid waste service fees. A majority protest (does or does not) exist and the City Council (may or may not) proceed to consider the proposed Resolution No. 6799 Establishing Rates for Solid Waste Service Fees. Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6797 – Establishing Rates for Water Service Fees. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT: None. Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6798 – Establishing Rates for Wastewater Service Fees. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT: None. Motion by Lambert, seconded by Begonia to City Council Resolution No. 6799 – Establishing Rates for Solid Waste Service Fees. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT: None. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6800 – REFERRAL TO THE MERCED COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR THE DETACHMENT OF PROPERTIES FROM THE CENTRAL CALIFORNIA IRRIGATION DISTRICT. Community & Economic Development Director Souza Elms presented the staff report. Stacy tanked Chris Martin and Maria Fatima Sequira for putting all of this together along with Bill Nicholson with LAFCO. Council Member Jones stated that he is happy to see this and is something that has been overlooked and getting taken care of now. Council Member Lewis inquired as to if the dots represent the parcels that are being detached for which Ms. Souza Elms stated yes. Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6800 – Referral to the Merced County Local Agency Formation Commission (LAFCO) for the Detachment of Properties from the Central California Irrigation District. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6801 – APPROVING THE TRANSPORTATION IMPACT ANALYSIS GUIDELINES DATED APRIL 29, 2024. Community & Economic Development Director Souza Elms presented the staff report, introducing Ian Barnes, PE with Fehr & Peers who spoke in more detail, which included a PowerPoint presentation. Council Member Lewis spoke to the fire engines and public safety being able to move through the subdivisions, some of the subdivisions in the 2000s barely allow for a fire engine to get through, what would a mitigation be for something like that for which Mr. Barnes responded that is an existing item and would defer to Mr. Bergson who explained that curbs can be painted red on one side and going forward we do not advocate for narrow streets like this. Mayor Llanez inquired as to if this is a new city standard and in the model do schools play a factor for which Mr. Barnes responded yes, the input into the model is important and are a major priority. Mayor Llanez inquired as to when you did the model for residential, did you take into account a sq. ft. home with more than one family for which Mr. Barnes responded yes, with the census update it is included. Council Member Jones stated that this program is great, we can actually see what the traffic impact will be for which Mr. Barnes added that studies will be done on a regular basis moving forward. Council Member Jones note that Place Road / B Street by the school is a traffic issue. Council Member Lewis inquired as to when making your models, can you do something 3-dimensional, i.e. videos for which Mr. Barnes responded that the travel demand model is what’s being discussed tonight and we could do video animations down the line for Council review. Mayor Llanez stated that we do not need to spend more money on videos, you are the expert, I trust your opinion. Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6801 – Approving the Transportation Impact Analysis Guidelines Dated April 29, 2024. The motion carried by the affirmative action of all Council Members present. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, JULY 3, 2024 DUE TO THE 4TH OF JULY HOLIDAY. Motion by Lambert, seconded by Begonia to cancel the Regular City Council Meeting scheduled for Wednesday, July 3, 2024 due to the 4th of July Holiday. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms stated that a Public Hearing will be held by the Los Banos Planning Commission on June 26, 2024 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions and Tentative Parcel Map #2024-01 to subdivide an approximate 27.10-acre parcel into five (5) parcels with a remainder, the proposed project is located within the Highway Commercial and Medium Density Zoning Districts at the southwest corner of Pacheco Blvd. and Ward Road, more specifically identified as Assessor's Parcel Number: 083-140-021; a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2024-05 to allow the operation of a mobile food vending vehicle on private property for Maria De La Torre Alvarado dba Antojitos Lokos, the subject property is located within the Mixed-Use Zoning District at 702 I St., more specifically identified as Assessor's Parcel Number: 025-212-017; and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2024-02 for Briana Hernandez Mercado DBA Bagel Barn at 1873 Loma Linda Circle, more specifically identified as Assessor's Parcel Number: 083-474-009. CITY MANAGER REPORT. City Manager Pinheiro gave a big thank you to the Finance staff for putting in all the extra work for putting the information into the new ERP system, they brought forward the budget and this rate study, thank you to Council for that, how they did not post any videos and we did not allocate $3 million on pickleball courts, really exciting event this past Saturday was the first ever Drone Show and how it was held at Noah Jones Ball Park with events going on throughout the afternoon, a movie night and then the drone show, a lot in the community liked it and asked for it again, it was animal friendly, thanked all for the hard work in getting that done. 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 stated that June 29, 2024 is the Annual Fire Works show, farmers market that week is moved to June 29, the 4th of July event will have rides, how the Downtown Association will have a fireworks booth at the Target parking center with funds going to the fireworks show and events. Mayor Llanez stated that the next MCAG meeting is this week and he will report at the next meeting. CITY COUNCIL MEMBER REPORTS: DEBORAH LEWIS: Stated that tonight will be my 3rd request to get an update/results on the TOT tax audit and just wanted to say that doing a system crossover has nothing to do with getting a new auditor. KENNETH LAMBERT: Thanked staff for doing an awesome job the last couple of weeks, with the audit you have to be doing an audit continuously and the need to extend and do an RFP, our City has been getting a lot of work done with this Council and will continue to get a lot of work done, well above our baseline and I will keep pushing to get things done that this City needs to in a forward position, we are staying above our threshold that we are required to stay above, I am not one to sit back and not see things get done, he will continue to support the departments on getting things done, we are spending a lot because we are fixing things that have not been done in the past, this Council has took it upon itself to move this City forward. DOUGLAS BEGONIA, JR.: Thanks to all City staff for putting in amazing city work, the drone show was amazing, the whole day was amazing, good job to Mr. Heim, lots of people were impressed and excited about it, spoke to the water, wastewater, solid waste increases and how they understand those that protest an increase, like that it is locked in at 2.4% over the next 5 years, feels it is reasonable and families can plan for that, great for our community. BRETT JONES: Stated that he attended the drone light show, was skeptical at first and was surprised at how cool it could be, all the kids out there cheered for it, thanked staff for putting on the drone show, hope to see more; with the TOT audit, he is under the impression that it is not completed yet for which Ms. Portillo responded that we received a preliminary report and it takes time. Council Member Jones stated that as soon as it is complete, I’m sure staff will bring it forward to Council for review. PAUL LLANEZ: Stated that he was at the drone show as well, to the concerns with cost of $18,000 but compare it to what a typical firewood show cost, how a drone show is pet friendly, and the amount of messages he received for thanking the staff for getting it done; spoke to the legal ramifications of moving homeless people, how we cannot retrieve, steal, remove or take people’s property, we plan to build a tiny home community, we can change our municipal to stop encampments when we meet the standard/goal; closing of De Anza and the park, he supports whatever needs to be done to open those back up, comments regarding the homeless manager position being authorized under Mr. Wellman and how the current City Manager was the one who hired the two humans, how cyber bullying is a real thing and asked the City Manager to look into the minutes situation on the website. CLOSED SESSION – CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED WEST OF THE WASTE WATER TREATMENT PLANT AND APPROXIMATELY 1 MILE NORTH OF HWY 152, LOS BANOS, CALIFORNIA, APPROXIMATELY 321.7 ACRES (APNS: 424-010-008, 073-220-003, AND 084-010-003); CITY NEGOTIATORS: CITY MANAGER PINHEIRO, CITY ATTORNEY VAUGHN, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR ELMS; NEGOTIATING PARTIES: MARILYN PROPERTIES INC.; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No reportable action. ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 9:10 p.m. APPROVED: __/s/ Paul Llanez______________ Paul Llanez, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk