City Council Meeting
Regular MeetingLos Banos, CA · July 17, 2024
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.
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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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