City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES AUGUST 21, 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 Commander Drum 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: Police Commander Drum, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Public Works Director/City Engineer Bergson CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATION – CERTIFICATE OF RECOGNITION – VIDYA SRINIVAS, AINAK – FACILITATED EYE GLASSES. Mayor Llanez presented the certificate to Ms. Srinivas who was in attendance to accept to accept. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez invited the public to come forward and speak. BLANCHE JORGE, proud resident of the downtown area, spoke regarding how they were able to spay and neuter a number of animals and how the City team continues to get more and more grants, we will be coming out with more programs and more assistance, there is so much being done, there are cats that are getting fixed daily and the impact is crucial for our community, we trade cats with other communities, how important every single person is working together to do all that we do, how there won’t be a change and she prays for them all the time and thank you for your support and would like for this to continue on and on, thank you very much for your time, we appreciate it; KATHY BALLARD, here to congratulate Cami for a job well done for getting the homeless removed from the rail trail behind her home, how coming to Council meetings and complaining is what makes things happen not posting on Facebook, congratulated Mr. Begonia on how he finally picked up the phone to call Cami, as did the City Manager and Mayor, how she has traveled of late up north and how other cities are planning for a dump in the economy and how her City is spending millions of dollar each Council Meeting, how relocating offices for a cost and how the PD was in their old place for years, how Lambert stated that he was part of making the Police Station happen which and she spoke to the special tax measures, Police Chief Knapp, Police Chief Brizzee and it is just not you guys who made it happen, the cities she has visited have put shopping centers on hold because of costs, she feels that the council are doing all these things because it is an election year; GREG HOSTETLER spoke regarding Vineyard Drive and how Brett Jones made a statement that was untrue a few meetings ago, which he should know better, referred to an agreement from 1998 that proves that he was wrong with his statement, funds were not to be comingled, where is the money, now you are meeting with CalTrans and people have lived there with no connection, spoke to an RFP on May 10, 2023 for Vineyard, the number of Public Works Directors that you have gone through, having public meetings to talk about this during election year, how you have not submitted your text messages, a law suit, and how only 89 emails have not been produced, the 2023/24 was $170 million budget, he thinks that you are financially illiterate, looked at some of your history and how Jones has filed bankruptcy with the Fresno Court and how you only made $850 a month, you refused to have a study session to review the budget for 2024/25, Council Member Lewis asked for a review and it was denied, the public has a right to see these things, it is bad business, how Jones was on Council when the City voted that his project was complete and he can’t finish it he doesn’t own it, park is not complete in the last 5 years and you have all the money, don’t play it on me, have a nice meeting; UNNAMED PERSON stated that she is happy as a clam, she is ecstatic and happy that the homeless have been removed from the trail behind her home, you did a fabulous job and it looks wonderful, thank you and I appreciate it, and would like now to work with Mr. Heim on how to get trees replaced; JOHN CATES addressed once again some of the positives that have gone on in the community over the year and a half or two, there have been quite a few capital projects that have been taken place that haven’t been taken care of in years, one is the Animal Shelter and it is amazing that it has sat that long with nothing being done, a lot of criticism about broken processes and if you are outside City Hall how do you know that, how is that information getting out there, there are things getting out in the newspaper that he doesn’t even know as a Planning Commissioner, growing up and becoming a mature retired guy there is this psychology that the simplest answer is the truth, the information is getting out to our media and shouldn’t be getting out there, it’s not this or that, is A to B, who is A and who is B, there is probably the largest of 2 projects in Ms. Lewis’s District with her sitting on Council and why not sooner, he was here during budget review June 5th, the PBID item came up as a public hearing and how Ms. Lewis threw a fit because she wanted to talk about it and how the Brown Act doesn’t allow for discussion, there are so many things going on, they would rather see the City fail than the City Manager and City Council succeed; NORMA BLACKWOOD spoke regarding the downtown parking and how generally these is not parking and how she depends on her customers being able to park, she has customers that need to be able to walk to her business, her brother lost his legs in Vietnam in his 20s, had to walk a block to get a haircut and never complained, the handicapped shouldn’t have to do that, we have no handicap parking near my barbershop, she wants to know if there is anything that can be done for people who can’t walk that far, she has talked to some of the merchants downtown and they feel the same way but couldn’t be here. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that the following items be removed from the consent agenda for discussion 7A – Check Register for #246584 - #246939 in the Amount of $1,121,534.44 and 7B – City Council Resolution No. 6822 – Adopting a Revised Budget for the 2024-2025 Fiscal Year as it Pertains to Expenditures in the Villa Park Impact Fee Fund for the Cresthills Park Extension in the Amount of $446,294.26. 7A – Check Register for #246584 - #246939 in the Amount of $1,121,534.44. Council Member Lewis inquired as to checks made out to Suzanne Mendez for and Oscar Daniel Martinez. Vanessa will look into the items noted and that one was for the Animal Shelter Gate. 7B – City Council Resolution No. 6822 – Adopting a Revised Budget for the 2024-2025 Fiscal Year as it Pertains to Expenditures in the Villa Park Impact Fee Fund for the Cresthills Park Extension in the Amount of $446,294.26. Council Member Lewis noticed that the contract for the Cresthills Park on Pioneer flanking Gus Villata Road was signed in July 2023 and invoices are now just being submitted, is there a reason why this bill wasn’t paid in FY 22/23 or in the FY 23/24 for which Mr. Bergson explained and Ms. Souza Elms stated that the invoices were only received in June of this year and staff brought them forward. Council Member Lewis inquired as to if the City date stamps their invoices when they receive them for which Ms. Souza Elms stated that would be a question that Finance Director would answer, but it would depend, as this was routed through the City Attorney’s office and was received June 25, 2024. Mayor Llanez inquired as to if that is normal practice that they send us invoice that is that old that needs to be paid for which Ms. Souza Elms stated that Legal Counsel has been working with the developer on this reimbursement and we finally received all the documentation needed to move forward with payment. Motion by Lewis, seconded by Lambert to approve the consent agenda as follows: Check Register for #246584 - #246939 in the Amount of $1,121,534.44; City Council Resolution No. 6822 – Adopting a Revised Budget for the 2024-2025 Fiscal Year as it Pertains to Expenditures in the Villa Park Impact Fee Fund for the Cresthills Park Extension in the Amount of $446,294.26; City Council Resolution No. 6823 – Approving a Tentative Agreement / Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Fire Fighters Association (LBFFA) from July 1, 2024 – June 30, 2027; City Council Resolution No. 6824 – Amending Division 4, Salary Schedule – Employee Classifications of the City’s Policy & Procedures Manual Relating to Changes to Section F – Fire & Building Associated with the LBFFA Tentative Agreement / Memorandums of Understanding. The motion carried by the affirmative action of all Council Members present. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2024 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD OCTOBER 16-18, 2024 IN LONG BEACH, CALIFORNIA. Motion by Lambert, seconded by Jones to designate Council Member Jones as the Voting Delegate. The motion carried by the affirmative action of all Council Members present. Motion by Lambert, seconded by Jones to designate Council Member Begonia as the Alternate for the 2024 League of California Cities Annual Conference being held October 16-18, 2024 in Long Beach, California. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT. City Manager Pinheiro spoke to Blanche’s comments during the public forum regarding the work being done out at the Animal Shelter and thanked all for their hard work, spoke regarding the continued work to get the solar panel project done at the Community Center, the park on 7th Street and Pacheco and all the work being done there, he spoke to Kathy Ballard’s comments and how it scares her that we are getting things done in the city, we are paving roads, trimming trees, creating more capacity for the WWTP, investing in streets, in Fire vehicles, Police vehicles, we spend it responsibly, to not be able to fix the Animal Shelter, Ag Sports Complex, things that have been neglected for 25 years, not proud that the Police Department had to sit in a decrepit situation for such a long time, the need for a remodel at City Hall, we do bring the budget forward with a public hearing, proud of the work done on removing the homeless shelter, doesn’t need to be commended for learning how to use a phone, we have been proactive with Council and the Mayor to start a Housing Division, under the guidance of Stacy Souza and her team received a grant and received a second grant, no one had to push us, thank you for your assistance and your comments, we are working diligently every single day, team at Animal Shelter working very hard and the amount of grant money received, sizable grant for our Colorado Ball Park, we appreciate the feedback and conversation and we are doing everything we can to make it better. 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). Mayor Llanez stated that he had a great MCAG meeting and encouraged all to use the bus system, if you are a college student it is free, if you are a senior it is free, take advantage of the resources and free transportation. CITY COUNCIL MEMBER REPORTS: BRETT JONES: No report DEBORAH LEWIS: Stated that she received a message recently regarding the work planned at the dam, as some of us know 2 years ago the Federal Government and Reclamation were working building the damn up, there are talks of lane closure, we need to keep CalTrans informed and the community informed so that we are aware; how there is a sizable grant coming around for Colorado Park and she would like to know what the amount is, it is the oldest park in the City and she was out there the other night and there are some things that need some immediate repair and the rebar that is sticking out in the parking lot, several sidewalks are trip hazards, we’ve done a lot of tree trimming but there are tree roots that are growing up in the ground, a fence on the far west side that seems to be coming apart, drinking fountain dripping on the sidewalk and needs to be removed. KENNETH LAMBERT: Spoke regarding the Police Station and how the previous Council did pass the budget for the Police Station and was told that it was put in several times and taken out, he does take pride in being part of the Council that passed the budget with the new Police Station in it. DOUGLAS BEGONIA, JR.: Addressed comments made earlier during public forum and how he is happy for the people on Pftizer Way, doesn’t want credit, just wished it happened sooner, spoke regarding had movie night at College Greens Park, how it is high school football season and Friday is the kickoff of the season at the new field, JV and Varsity will be at Dos Palos and Pacheco will be in Atwater, Cross Clash game is next week and encouraged all to attend games, if you go out to a freshman game Thursday night there is a flag football for girls a new sport, wished all a good season and staff focused in class. PAUL LLANEZ: Speaking to comments made earlier during public forum that making the phone call the night before was what he told Cami he would do, she absolutely deserves credit for coming and reminding us what our jobs are, to motivate us and hold us accountable, he appreciates everyone that comes forward, he is goal oriented, she was vocal and found a solution, he wants to talk with anyone who wants to help out with eyesores; comment about going out of town and comparing us to other cities, the financial investments in the City are now getting us 7 figures instead of 5 figures and something he is very proud of with the forethought of as you want to see a return on investment, comments made on the 1998 Vineyard intersection and how he feels that we have to hold people accountable even if it is a developer, as the PRA request there are no text messages, he calls the City Manager doesn’t text or email; the handicap parking issue downtown, not sure what we can do but would like to hear staff recommendation on what we can do. CLOSED SESSION – CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER PINHEIRO, CITY ATTORNEY VAUGHN, HUMAN RESOURCES DIRECTOR MALLONEE, FINANCE DIRECTOR PORTILLO, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA). NO reportable action, direction given to staff. ADJOURNMENT. Motion by Lambert, seconded by Jones, the meeting was adjourned at 7:22 p.m. APPROVED: __/s/ Paul Llanez_____________ Paul Llanez, Mayor ATTEST: __/s/ Lucille L. Mallonee__________ Lucille L. Mallonee, City Clerk