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City Council Meeting

Regular Meeting

Los Banos, CA · July 17, 2024

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Minutes

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JULY 17, 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 6:00 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, City Treasurer Lawrence, 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 Begonia to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATION. Certificate of Recognition – Employee of the Month for June 2024 – Kevin Spencer, Fire Engineer & Raymond Lopez, Fire Fighter in the Fire Department. Mayor Llanez presented the certificates to Kevin Spencer and Raymond Lopez who 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. BLANCHE JORGE, noted that she lives in the downtown area, assists with the animal and pets we all have in the community, spoke regarding a fundraiser with the downtown businesses for being held on August 2, 2024 and purchasing tickets at The Country Duck and other downtown businesses, in conjunction in working with the City team and Police Department there was a micro chipping at the beginning of the month, she worked on a Paw Patrol event to find lose dogs and return them to their homes, animal group will be doing another spay and neuter program, thanked the Council for applying the $80,000 grant for our town and to make a positive impact when it comes to animals in the future; AMY BONILLAS spoke regarding the unhoused in our community and the recent Supreme Court’s decision and how it will negatively impact the unhoused, especially those with mental illness, spoke to the funds for tiny homes the city received and how she is an advocate for the unhoused community and urges continued support of the living communities until the tiny homes are completed; TAMI AVELAR spoke regarding the homeless and thanked Mr. Llanez for responding to her email as she really appreciated it, she has sympathy for those who are trying to better their lives but there a group of them who are not trying to better their lives, speaking to the item on the agenda for a perimeter fence around the Community Center because of concerns with feeling safe and vandalism and how she feels the same as she does not feel safe and she has had things stolen from her yard, what does she do to insure that she feels safe; SARA EDWARDS spoke regarding the Anti-Harassment Rally being held on August 10, 2024 and encouraged all to attend and share their experiences; PASTOR RAUL thanked all for what they do, especially our firefighters and police officers, spoke regarding the cooling centers his church has been providing for those in need, wanted to take some time to reflect on things that are happening throughout our nation, i.e. Trump assignation, and how volatile people can be, and how we have the ability to stop and recognize that we are all human beings and ask how we can encourage each other and lift each other up, a lot of it stems from what we see here and as leaders you should do what is right, speak with grace, the community is watching; GREG HOSTELTER, President of Ranchwood Contractors and Stonefield Homes speaking to the Mayor about comments he made political comments regarding special interests, and a meeting ago you said you tried to set up regarding Shaunessey, he feels that he is grandstanding behind the scenes, wants to know what you are talking about when you are talking about the entrance and him, the documents speak for themselves, the City is responsible, need to look at the agreement, the City owns the land now and the City has accepted as complete, keep pointing the finger and him and he calls that slander, he is willing to get together and look at any documents the City has, talk about me talking to the City Engineer after hours but because they are both busy and how meeting at 5-6 pm would work because he is new, it’s no different than when you are at the League Conference and drink beer with other Council Members which he feels is unprofessional and a waste of tax payer money, a majority of you went to the League of California Cities and stayed an extra night based on the information that comes out of an public records act, how Jones is a hot mess, doesn’t tell the truth, make things up and political soundbites, spoke regarding improvements in the Vineyard Subdivision, money has been collected and it is the City’s responsibility and feels that it is slander and just making things up, how he has filed a claim with the City last week and will follow up with a lawsuit, the Shaunessy Village issues are the City’s issue and how things are being said about him that are not true like he kicked a contractor off the project which is not true, you are just making things up to it sounds good; UNNAMED person spoke regarding the Downtown Association and the events that they are putting on, thanked the City for their support and for all to have a wonderful night. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Llanez stated that he would like to pull items 7M – City Council Resolution No. 6811 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities and 7N – City Council Resolution No. 6812 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities for presentation and separate vote. Council Member Lewis stated that she would like to pull items 7D – City Council Resolution No. 6802 – Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project, 7F – City Council Resolution No. 6804 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500, 7G – City Council Resolution No. 6805 – Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project, 7H – City Council Resolution No. 6806 – Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project, 7I – City Council Resolution No. 6807 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400, 7O – City Council Resolution No. 6813 – Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07 for discussion and separate vote for items 7I and 7O. Item 7D – City Council Resolution No. 6802 – Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project. Council Member Lewis inquired as to why we need this fence and was wondering what type of fence as the staff report doesn’t explain this for which Mr. Heim responded that this item is to reject all bids and the reason for the fence is the available budget, it is an ornamental rod iron fence not a cyclone fence, it will add security to the facility and help track who is on site and will hope that the fence will help provide a space for people to use the bocce ball and other outdoor areas. Council Member Lewis asked for an explanation of the rod iron fence for which Mr. Heim explained and how people will be able to gain access to the Community Center areas. Council Member Lewis inquired as to if people gain access that they shouldn’t for which Mr. Heim explained that it does happen and they call the Police Department on occasion to deal with the issue. Item 7F – City Council Resolution No. 6804 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500. Council Member Lewis asked for a quick overview of what this is about for which Mr. Bergson explained that it has been 14 years since the Water Master Plan was updated and is somewhat timely as the State has recently passed a Water Act and the plan will provide for future use. Council Member Lewis inquired as to the stakeholder meetings being held by the City with key stakeholders for which Mr. Bergson explained who the key stakeholders would be, being sure to include community members, water districts, etc. Council Member Lewis wanted reassurance that the community will be able to give input and the City Council will be for which Mr. Bergson confirmed. Council Member Lambert inquired as to the time frame, when this should be done, and how often should we be doing it for which Mr. Bergson responded every 5-10 years. Item 7G – City Council Resolution No. 6805 – Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project. Council Member Lewis asked for a quick overview of this item for which Mr. Bergson explained that the lines are old and have experienced some leakage. Council Member Lewis inquired as to if other streets have been identified for which Mr. Bergson responded yes there are a few and will be looking to reassess the project list of lines that need to be repaired. Council Member Lewis inquired as to if this will adjust the water flow and if the water pressure is low in this project area for which Mr. Bergson responded yes. Item 7H – City Council Resolution No. 6806 – Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project. Council Member Lewis asked for a quick overview of this item for which Mr. Bergson explained. Council Member Lewis made note that MCAG hired a consultant to do a laser study of all the streets in the county and did the City use information from that study or is this a separate project for which Mr. Bergson explained that they have been identified in the study. Council Member Lewis inquired as to if each of the streets have a dollar amount for each street to total this grand total for which Mr. Bergson stated yes but he doesn’t have the breakdown with him. Council Member Lewis inquired to the grading system with 0 worse and 100 best, have these streets been graded for which Mr. Bergson stated that these streets are at 50 or less. Council Member Lewis inquired as to if the request for this project to be funded is in the budget for which Ms. Portillo responded yes they were already programmed in the budget and approved by City Council. Item 7I – City Council Resolution No. 6807 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400. Council Member Lewis asked for a quick overview for which Mr. Bergson presented. Council Member Lewis inquired as to how much will they be doing, what will they be surveying, buildings, sidewalks, streets for which Mr. Bergson explained buildings, parks and facilities. Council Member Lewis inquired as to if there is ADA law that requires that the person who does the assessment is certified, is Swanson going to be training our staff to do these assessments for which Mr. Bergson responded that training staff so that they are aware of ADA barriers and the plan that we put together will take years to complete, will help the day-to-day operations of our facilities. Council Member Lewis stated that she doesn’t understand the need to pay to train employees on ADA laws for which Mr. Bergson responded that the bulk of this contract is to identify, assess and plan, identify problems for ADA improvements. Council Member Lewis inquired as to is we have someone on staff that is certified for which Mr. Souza Elms stated that CSG has someone certified, and Mr. Bergson added that that was not in their scope and they did not bid on the project. Council Member Lewis commented that she was not sure why this was not included in the budget and we seem to do a lot of cost overruns and feels that this is an overreach. Council Member Lambert inquired as to when was the last one done for the City for which Mr. Bergson responded that we have not had one. Council Member Lambert added that if we have an accident, it could cost us some money, we need to find the faults, feels that the $273,000 could save us $2 million, and Mr. Bergson added that comparing the cost to other, their plan was similar in cost. Council Member Lambert noted that several of our businesses closed down because of ADA violations. Council Member stated that this plan includes a CPAC person who can identify these issues, she feels that we should just hire a CPAC person directly and have them work with staff for which Ms. Souza Elms explained that we have evaluated our facilities in the past with CSG but what is being proposed tonight is a plan for the entire City which is required by law, for which Council Member Lewis noted that that it being required by the State was not mentioned. Mayor Llanez stated that it doesn’t make sense to take one of our employees to cross train them and have them do this one task, ADA violations are very serious and we need to take care of sooner rather than later; Council Member Lewis stated that she wasn’t asking for an employee to be certified, there are people who can do it and not a firm. Motion by Jones, seconded by Begonia to approve City Council Resolution No. 6807 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Llanez; NOES: Lewis, ABSENT: None. Item 7O – City Council Resolution No. 6813 – Authorizing the City Manager to Sign a 24- Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07. Council Member Lewis inquired as to why this is needed for which Ms. Souza Elms explained that we are at capacity with the growth of employees and explained that this is a temporary facility where we will have a one-stop shop with Planning, Building, Engineering and Housing, how housing has been at the Police Station because there was no room for them at City Hall because of the growth in the Finance Department. Council Member Lewis stated that this lease is for 24-months, how long has it been overcrowded and how long has our Police Department been overcrowded in comparison, took 5 years for the Police Department to move into the new Police Annex, some funding come out the 24/25 budget and the rest to come out of the next year’s budget, how it’s a pretty sizable unit and will take up parking spots for our employees that will have to park on the street, with Jamz opening up there has been overflow parking coming over to City Hall and forces our staff out of their parking spots and will have to park on the street or further away from City Hall, just doesn’t see this as a good idea, feels bad for our staff to be in the situation that they are in, but this money could be used for something else that could be used for the annex building, doesn’t feel it is a good expenditure, but knows that the staff works hard and deserves the extra space. Council Member Jones stated that the employees’ thoughts about parking is already a concern, he thinks the employees would rather have a remodeled City Hall and is something that we need. Mayor Llanez stated that he worked in the Police Department and would gladly have worked in a modular, we need to invest in our people, are we not doubling up our break room. Motion by Jones, seconded by Lambert to approve City Council Resolution No. 6813 – Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Llanez; NOES: Lewis, ABSENT: None. Mayor Llanez gave Council Members Begonia and Jones a moment to step out of the Council Chambers for the next items. Item 7M – City Council Resolution No. 6811 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities. Item 7N – City Council Resolution No. 6812 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities. City Attorney presented the staff report and turned to Legal Counsel Chris Skinnell who spoke in more detail to the recall petition processing, explaining the process and what State laws requires, which is not discretionary but part of the process and the final step. Council Member Lewis inquired as to that this is just a formality, doesn’t matter how this Council votes, it will still be on the November ballot for which Mr. Skinnell explained that the Council can vote to call the election and if they don’t the Registrar of Voters will. Council Member Lambert stated that he does not support the recall on either and Mayor Llanez stated that he doesn’t support the recalls and stated that his opinion is that we all know who is behind this recall. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6811 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Llanez; NOES: None, ABSTAIN: Begonia, Jones; ABSENT: None. Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6812 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Llanez; NOES: None, ABSTAIN: Begonia, Jones; ABSENT: None. Council Members Begonia and Jones returned to the Council Chambers and their seats at the dais. Council Member Lambert requested to pull item 7B – Fourth Quarter Investment Report for 2023/2024 for discussion. Item 7B – Fourth Quarter Investment Report for 2023/2024. Council Member Lambert asked for a quick update for which Ms. Portillo stated that the City has a total combined of $654 million, broken down between LAIF and Wells Fargo, an increase of $2 million from the March 2024 report that was brought to Council in April 2024. Council Member Jones speaking to Item 7H – City Council Resolution No. 6806 – Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project inquired if staff recalls how much money we are spending on our roads, as the $2 million we made in this last quarter we have money to take care of this expense for which Ms. Portillo responded that the money is distributed and housed in the enterprise funds and not all just general fund dollars. Motion by Jones, seconded by Begonia to approve the consent agenda as follows: Check Register for #245883 - #246237 in the Amount of $2,738,630.54; Fourth Quarter Investment Report for 2023/2024; City Council Meeting Minutes for: April 17, 2024, May 15, 2024, June 5, 2024, June 19, 2024; City Council Resolution No. 6802 – Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project; City Council Resolution No. 6803 – Accepting the Officer Noah Jones Ballpark Sidewalk Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6804 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500; City Council Resolution No. 6805 – Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project; City Council Resolution No. 6806 – Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project; City Council Resolution No. 6807 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400; City Council Resolution No. 6808 – Approving the Acceptance of a $80,000 UC Davis Koret Shelter Medicine Grant in Connection with California for All Animals Program and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $80,000; City Council Resolution No. 6809 – Approving the Usage of Donation Funding in the Amount of $7,540 and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,540; City Council Resolution No. 6810 – Accepting Grant Deeds from Lodi Development, Inc. to the City of Los Banos for the Future Site of the Los Banos Fire Station #4 and for the Future Pioneer Connector [A Portion of APN 430-010-035-000]; City Council Resolution No. 6811 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities; City Council Resolution No. 6812 – Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities; City Council Resolution No. 6813 – Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07. The motion carried by the affirmative action of all Council Members present. [City Council Resolution Nos. 6807, 6811, 6812 and 6813 were adopted by separate motion prior to adoption of the Consent Agenda.] ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT. City Manager Pinheiro made note to a misleading comment of him being at a restaurant of him drinking a beer that is a lie, spoke to things going on at the Animal Shelter, the grant money and the work that the Police Chief and his staff are doing, the microchip event, thanks to UC Davis as they have been really helpful and supportive to our Animal Shelter, over the last couple of weeks we have had different streets striped throughout the City, trimming trees that have never been maintained, and we are beautifying and cleaning up our City. Report Pursuant to Government Code Section 54953(c)(3) Executive Compensation: Community & Economic Development Director. City Manager Pinheiro stated that on June 20, 2024 based upon an annual performance review by the City Manager, the Community & Economic Development Director’s salary will be increased to $15,026 monthly ($180,312 annually) effective February 1, 2024. 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 Lewis spoke regarding the SJVAPCD last Board Meeting in June where they approved the budget and highlighted the programs being offered, i.e. Valley Can Tune Up Tune In Event for vehicles that can’t pass smog. EPA program to exchange tractors for farmers and heavy diesel trucks. Council Member Jones stated that the LBDPBID had the 4th of July event and was amazed at the turnout, probably the single best event on turn out, exciting to see what the Garlic Festival will do, good job to the Downtown Director for putting it all on. Mayor Llanez stated that the next MCAG is tomorrow and he will be Chair and Supervisor Silveira Vice Chair. CITY COUNCIL MEMBER REPORTS: KENNETH LAMBERT: Thanked City staff, you did a great job answering all the questions that were asked, speaking to homeless and inquired as to if we have received the money form the State and once we do the public will be the first to know and we will go about using the funds, how City staff is working daily on helping the homeless and doing what they can. DOUGLAS BEGONIA, JR.: Speaking to comments made during the public forum, yes he ate lunch on his lunch break with people he knows and then returned ack to the convention, he drank a beer and the event sold beer itself, sometimes being up here and the things we hear it’s just flat out silly, but that’s the whole game, say as silly things to the public and you’ll get a few, gathering signatures and telling people that I ate lunch on my lunch break that would have been the one true things they were telling, it’s amazing what people will say and do to make sure they will get their way. BRETT JONES: No comment DEBORAH LEWIS: Stated that at the last meeting it was the third time she had requested information of the TOT audit, but Council Member Jones was able to get Ms. Portillo to answer his question, the only information she gets is what’s on the agenda and what she hears when others ask questions, she feels that all Council Members should receive the same information and be treated fairly and given the same information equally, its just the right thing to do; we have had one contract approved with our Police Sergeant’s Association and have had no updates on what is going on with the other groups for which City Manager Pinheiro stated that he will not discuss closed session conversations in public; Council Member Lewis stated she would like to have an update on what is going on for which Mr. Pinheiro stated that conversations in closed session cannot be talked about in public, direction was given, this is a very sensitive manner and will not discuss publicly. Council Member Lewis noted that we authorized funding to build a new animal shelter and would like to hope that staff is moving forward on that. PAUL LLANEZ: Speaking as an elected official, a recent attempted assassination on a public official, hearing people have open discussion who have differences of opinion, if you can put your phones down and go talk to your neighbor, how Mr. Hostetler came and spoke about a conference lunch and he was not there, spoke to his phone call with Mr. Hostetler; he thanked those who have reached out to thank him and encourage him for holding people accountable and to Council Member Lewis that if she sends an email to City staff and does not get a response to please let him know and he would encourage her to do that. He then made note of how a confidential piece of paper was handed out during closed session and Council Member Lewis refused to give it back as requested and instructed. ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned at 7:30 p.m. APPROVED: __/s/ Paul Llanez_____________ Paul Llanez, Mayor ATTEST: __/s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk

Agenda

LOsBanos At the Crossroads of California www.losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California JULY 17, 2024-6:00 PM Live stream on YouTube af.'. :• it;~~~~~~: ~;1;;·f;~~~; ft!"if:~~~;~~:;~~;i~i:~:g;.;;h~ 1 I,,_, The City *of L~s Ba._nos :omelies *with !he !me[ican*s wi~h Di~abil!ies !ct (!DA)* of 1990. Si requiere asistencia especial para atender o participar en esta junta par favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta. '''. La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ·......................................................................................................................... .................... .............................................................................................................................................. · f'•······································································································································--·············································································································································· Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org. * * * * * * * * * * * * * * * * Cualquier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfcu/o en este orden def dfa sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y las documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org . ...... ................................................................ .............................................................................................................................................. ................................................................. . 'Please note: fhe Brown A.cf provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to cityclerk@losbanos.org or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be foun~t 9n .!b~ C::::i!y's ~~_t)site ~t JD~.fo.1!9Wil}g l__i11~: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - July 17, 2024 Page 1 of5 1. CALL TO ORDER - July 15, 2024 6:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: (City Council Members) Kenneth Lambert - District 1 __ Douglas Begonia, Jr. - District 2 Brett Jones - District 3 Deborah Lewis - District 4 __ Paul Llanez - Mayor 4. CONSIDERATION OF APPROVAL OF AGENDA. Recommendation: Adopt the agenda as submitted. 5. PRESENTATION. A. Certificate of Recognition - Employee of the Month for June 2024 - Kevin Spencer, Fire Engineer & Raymond Lopez, Fire Fighter in the Fire Department. 6. 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 Council; 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.) 7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #245883 - #246237 in the Amount of $2,738,630.54. Recommendation: Approve the check register as submitted. B. Fourth Quarter Investment Report for 2023/2024. Recommendation: Accept the report as submitted. C. City Council Meeting Minutes for: 1) April 17, 2024 2) May 15, 2024 3) June 5, 2024 4) June 19, 2024 Recommendation: Approve the minutes as submitted. Los Banos City Council Agenda-July 17, 2024 Page 2of 5 D. City Council Resolution No. 6802 - Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project. Recommendation: Adopt the resolution as submitted. E. City Council Resolution No. 6803 - Accepting the Officer Noah Jones Ballpark Sidewalk Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Recommendation: Adopt the resolution as submitted. F. City Council Resolution No. 6804 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500. Recommendation: Adopt the resolution as submitted. G. City Council Resolution No. 6805 - Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project. Recommendation: Adopt the resolution as submitted. H. City Council Resolution No. 6806 - Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project. Recommendation: Adopt the resolution as submitted. I. City Council Resolution No. 6807 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400. Recommendation : Adopt the resolution as submitted. J. City Council Resolution No. 6808 - Approving the Acceptance of a $80,000 UC Davis Koret Shelter Medicine Grant in Connection with California for All Animals Program and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $80,000. Recommendation: Adopt the resolution as submitted. K. City Council Resolution No. 6809 -Approving the Usage of Donation Funding in the Amount of $7,540 and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,540. Recommendation: Adopt the resolution as submitted. Los Banos City Council Agenda -July 17, 2024 Page 3of 5 L. City Council Resolution No. 6810 - Accepting Grant Deeds from Lodi Development, Inc. to the City of Los Banos for the Future Site of the Los Banos Fire Station #4 and for the Future Pioneer Connector [A Portion of APN 430-010-035-000]. Recommendation: Adopt the resolution as submitted. M. City Council Resolution No. 6811 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities. Recommendation: Adopt the resolution as submitted. N. City Council Resolution No. 6812 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities. Recommendation: Adopt the resolution as submitted. 0. City Council Resolution No. 6813 - Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07. Recommendation: Adopt the resolution as submitted. 8. ADVISEMENT OF PUBLIC NOTICES. (No Report) Recommendation: Informational item only, no action to be taken. 9. CITY MANAGER REPORT. A. Report Pursuant to Government Code Section 54953(c)(3) Executive Compensation: Community & Economic Development Director. Recommendation: Informational item only, no action to be taken. 10. 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). Recommendation: Informational item only, no action to be taken. 11. CITY COUNCIL MEMBER REPORTS. A. Kenneth Lambert - District 1 8. Douglas Begonia, Jr. - District 2 C. Brett Jones - District 3 Los Banos City Council Agenda-July 17, 2024 Page 4of 5 D. Deborah Lewis - District 4 E. Paul Llanez - Mayor 12. ADJOURNMENT. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~~--1 -~ qq Lucille L. Mallonee, City Clerk Dated this 12th day of July 2024 Los Banos City Council Agenda - July 17, 2024 Page 5of5

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