City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES OCTOBER 2, 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 6:01 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None STAFF MEMBERS PRESENT: 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, Public Works Director/City Engineer Bergson, Fire Chief Tualla CONSIDERATION OF APPROVAL OF AGENDA: Mayor Llanez stated that staff is requesting that that Item 10 – Central California Alliance for Health Award Agreement and Budget Amendment be removed from the agenda. Motion by Jones, seconded by Begonia to approve the agenda as submitted, with the removal of Item 10 – Central California Alliance for Health Award Agreement and Budget Amendment. The motion carried by the affirmative action of all Council Members present. PRESENTATION – CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR SEPTEMBER 2024 – RANDY WILLIAMSON, WATER QUALITY SPECIALIST IN THE PUBLIC WORKS DEPARTMENT. Mayor Llanez presented the certificate to Mr. Williamson who was 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. Mayor Llanez invited the public to come forward and speak. KELSEY DAGUERRE, Accounting Clerk in the Finance Department and Union representative read a prepared letter which is on file with the City Clerk’s office that talked about the Union is on the brink of going on strike, concerns with the how City Manager has been deficient with his job requirements by not advising the Council of the status of contract negotiations, reminding the Council that the City Manager works for them, and in the interest of keeping City Hall open and our city series intact he should be directed to provide a more reasonable offer to the Union and ensure that our City continues to function without interruption and that our employees are able to subsist economically and re retained.; CHRISTIAN SANTOS, Congressman John Duarte’s office, thanked the City for the invitation to participate in the Salute to Senior event, how Mr. Duarte voted on bipartisan resolution to keep the Federal Government open, our hearts go out to our fellow Americans who have been devastated in the south by the hurricane, how Mr. Duarte is working on bipartisan Agriculture Disaster Act and an Emergency Relief Program to help those in need during these hard times; PATRICIA MCCOY, US Air Force veteran, VFW Los Banos, Chairman of the Veterans Parade being held on November 2, 2024 stated that they are still looking for entries and volunteers and explained why they have chosen to have a parade a week before, hopes that the Council comes out and enjoy the parade and encouraged all to show support to our local veterans; BLANCHE JORGE, part of a group that helps animals in our community, holding a stuffed sheep dog puppet, spoke regarding the microchipping event recently held, plans to go out and use the puppet to do outreach to bring awareness and educate the community about all the services they provide and what they are doing for the animal community; UNNAMED PERSON read a letter, which is on file with the City Clerk’s Office, regarding their concerns about our safety living next to the park on San Luis and Ward Road and also a video she created which shows their concerns, how she has heard from both Mr. Heim and City Manager Pinheiro but calling the Police Department is not a good enough solution, she kindly asks that you please build a concrete fence to keep us safe, how the City Manager stated that violence is going down but in her area it is not; UNNAMED PERSON stated that she has lived here all her life and doesn’t want to sell her house but she will if she has to because she doesn’t feel safe, what does it take for you guys to do something, do we have to get shot; SHAWNA spoke regarding the homeless assistance program she has at her site, because of the experience she has with these communities she has concerns with increased foot traffic, code enforcement regarding dumpster diving and petty crime, and how we keep seeing the same issues happening over and over again; MR. MARTINEZ, experienced property manager, spoke to how we see homeless encampments popping up around low income housing, one of the things that is concerning is that we tell our tenants to call the police and they do not come out and spoke to examples, it’s going to be a big time problem with the increase of homeless in our area, his hope is that this will be expedited in his area; JACQUELINE LAWRENCE, stated that the youth want her to be Mayor, spoke to how she has been homeless and her experiences, what changes she thinks needs to happen, how she is trying to get a respite care going, putting studio apartments upstairs again, but Council has to do their part to put the homeless project together, and she wants to see a detailed paper as to what it will look like and spoke to all the things that she feels needs to be included, she spoke about container homes, tiny houses for the disabled, how her friend is going to get the help he needs, she wants to be on the docket for 20 minutes with her people to speak to Council, she wants her mom’s warming and cooling center to be at the fairgrounds, the cooling center needs to be back at Miller & Lux; UNNAMED PERSON, spoke regarding the homeless grant and fells like history is repeating itself, 3 months ago Merced County Grand Jury released their report and Los Banos was singled out for its poor performance and summarized the 7 findings, guidelines concerns, contrasts with the City of Gustine open process, how there has been no public input, no lesson was learned and still waiting on a special meeting promised for public input, still no clear criteria for the ARPA funds, , the only reason my application was corrected was because millions of people have seen the corruption occurring and there is an election coming up, noting that he has provided no new information, until your correct every application everything he has stated at previous meeting remains true, there were 5 recommendations that City’s should incorporate and requires 60 days to respond, other cities have responded and he cannot find a response on the City of Los Banos ’s website, what are you trying so hard to hide, the City Manager’s of each city are required to respond within 90 days and your only response will be insults; UNNAMED PERSON spoke regarding his concerns with the ARPA funds, transparency should be at the forefront, lack of a scoring system, concerns with what criteria was used, why were applicants not notified, need to ensure all small business can compete, equitable access, asking for clarification and that all small businesses are treated equally so that they can continue to thrive, spoke to his experience in Fresno and how a person from the City of Fresno reaches out to the business owners to help them; KATHY BALLARD stated that she is concerned, there are 2 running on accountability and 2 others running on accomplishments, how she didn’t realize that the employees were going on strike and is concerned, the city manager is the highest paid in the area, she is really worried about our city, with the homeless, the Police Department and employees, she has reached out to the Finance Director for information and has not heard back from her, you say to call but we don’t get a call back; ANN McCAULEY, resident since 1997, he was looking at the Downtown Master Plan and how the pictures look great, spoke to her experience being on a committee that created a downtown plan and the plan that they came up with and her understanding of it, she is hoping that they still see all that, the master plan being presented tonight had a workshop 2 years ago, there is not enough space on any of these streets to have two lane traffic and dining outside, her thought has been that 6th Street should be a one way street, spoke to living in Mountain View and what they do there and what Los Banos could do for ambiance; UNNAMED PERSON, stated that he is concerned about the city, doesn’t know where the money has gone, as a developer he has paid a lot of fees, $20 million alone in park fees, spoke regarding Shaunessey Park and the other parks you plan to improve, Vineyard Drive and how Brett Jones lied about that, 1978 agreement supports the fees that he has paid, we have asked about that through the PRA and staff hasn’t come up with the answer in the 10 days and has asked for a 15 day extension, De Anza Way is in Begonia’s District and he hasn’t spoken to him about it and how he has spoken to the City Manager and he told him that he would not spend a dime, how the Mayor runs a million dollar budget and bought a house in DP and lost it, how he says he owns a business, why can’t we see and talk about the city budget, how Council Member Lewis is the only one who asks questions, how he is hearing you get reelected and don’t get recalled how you are going to give him another million dollars for helping out, concerns with plans to improve the park by the Airport; UNNAMED PERSON spoke regarding the Ag Sports Complex and why are doing the work now on the park before the pickle ball courts, how there are items on the agenda, Villa development, 280 homes are being added there and has been in development for a long time, traffic is out of control and most people who buy homes will commute which is horrible now and if a traffic study has been done and how it will become unstainable and not feasible, is it being built to the old street standards, has concerns with the homeless item and the location right behind the trailer park, right behind the low income apartments, did we have a workshop to talk about this and feels that it needs further discussion and does not feel it is the right location, what about if the fees run out, is the City picking that up, who will manage it then, really disappointed that the City Manager is not negotiating in good faith and hopes the City Council addresses that issue; UNNAMED PERSON, Los Banos Downtown Association, thanked all that attended the recent event, special thank you goes out to David Santos Farming and all the sponsors, spoke regarding the upcoming Farmers Market being held on October 10th, on October 6th will be the 1st Annual Mariachi Festival and encouraged all to come out and enjoy, she personally invited the City Manager, Mayor and Stacy, and Brett will be there, she also invited Douglas; CAROL ETCHEVARRY stated that she has come to a few meetings in the past and is never under amazed at what is happening and who comes up spews things that are irritating, if you have an issue with the city come to the city and be respectful, she is offended by the personal attacks tonight she feels it is disgusting, she sees a lot of beautification in the city, streets are being torn up for new pipes which is a little annoying but it needs to be done and we live through it, not everything is perfect in life, you deal with ups and downs, to see so much disrespect its nauseating, continue doing the good work that you can, she hopes and prays the personal attacks stop because it is not respectful. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lambert requested that items 7G – City Council Resolution No. 6840 – Accepting Public Improvements for Dove Hollow, The Villages V Phase 1, Unit 1 (Lodi Development, Inc.) and 7H – City Council Resolution No. 6841 – Approving and Adopting Final Tract Map No. 2017-01 Quail Meadows Villages at Stonecreek VII, Phase 3 (Lodi Development, Inc.) be removed from the consent agenda for discussion. Council Member Lewis requested that item 7E – City Council Resolution No. 6838 – Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Ag Sports Complex Improvement in the Amount of $1,669,918.10 and Amend the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $240,418 items be removed from the consent agenda for discussion. Item 7E – City Council Resolution No. 6838 – Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Ag Sports Complex Improvement in the Amount of $1,669,918.10 and Amend the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $240,418. Council Member Lewis stated that she looked in the budget book and did not find the account code 250-454-220-717 fund, for which Mr. Heim explained that is the landscape improvements account; Ms. Lewis inquired as to who is going to be the contractor manager for which Mr. Heim explained the manager would be out of the Public Works Department, the Engineer. Ms. Lewis stated that the staff report talks about a state grant and inquired as to if the City has received it for which Mr. Heim confirmed that the City has received the grant. Ms. Lewis stated that she is not sure we need all of the $240,000 that is being requested and spoke to how she did the math and we don’t need as much as being requested, for which Mr. Heim explained it is attributed to the contract proposal and all the other items needed and associated with the proposed project. Ms. Lewis stated that the 15% contingency is standard and do we normally have to tap into that, for which Mr. Heim responded that yes we often do and this project may need extra tasks to do what they need to do. Ms. Lewis inquired as to if the contractor looked at the field for which Mr. Heim responded that there was some soil testing but not digging. Ms. Lewis stated that she is concerned because we just finished the budget in June and here we are coming back for more money again and concerns with running out of money, all these project overruns and concerns that we didn’t look at the true costs in the beginning, for which Mr. Heim explained how he came up with costs associated with this project. Mayor Llanez explained how he looks at it, how as a tax payer we pay these fees and it sits in an account for projects like this, for which Mr. Heim stated that he is very proud to see this park get upgraded as it is in very poor condition and hopes to bring the same positive feel from the Noah Jones Ball Park to the Colorado Ball Park and Ag Sports Complex. Council Member Jones stated that he has been out at the ball park and was surprised we haven’t condemned the ball fields as it is dangerous and surprised there aren’t serious injuries, feels that this issue is long overdue and should have been addressed many years ago, speaking to the contingency and how it is much needed so you don’t have to come back to Council to have a bureaucratic discussion to come up with more money. Council Member Lambert stated that we have a nice brand-new concession stand, restroom and to have all this nice beautiful stuff it would be nice to have new ball fields to go along. Mr. Llanez added that doing pickleball at the same time, would that have been feasible for which Mr. Heim responded that the two projects have had separate paths and we will see how the bid project goes with the pickleball courts. Item 7G – City Council Resolution No. 6840 – Accepting Public Improvements for Dove Hollow, The Villages V Phase 1, Unit 1 (Lodi Development, Inc.) and Item 7H – City Council Resolution No. 6841 – Approving and Adopting Final Tract Map No. 2017-01 Quail Meadows Villages at Stonecreek VII, Phase 3 (Lodi Development, Inc.). Council Member Lambert asked for verification of the standards of the roads that would be placed in this improvements for which Public Works Director/City Engineer Bergson responded that they are built to current City standards guided by the General Plan and consistently followed by the City. Motion by Jones, seconded by Lambert to approve the consent agenda as follows: Check Register for #247399 - #247623 in the Amount of $1,825,963.94; City Council Meeting Minutes for September 18, 2024; City Council Resolution No. 6836 – Amending City Council Resolution No. 6540 Relating to the City’s Conflict of Interest Code; City Council Resolution No. 6837 – Approving the Acceptance of a Walmart Community Program Grant, Number 91701849 in the Amount of $3,000 and Amending the 2024- 2025 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $3,000; City Council Resolution No. 6838 – Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Ag Sports Complex Improvement in the Amount of $1,669,918.10 and Amend the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $240,418; City Council Resolution No. 6839 – Authorizing Award of Construction Contract to Consolidated Engineering Inc. in the Amount of $356,616.18 with a 15% Contingency in the Amount of $53,490 for the Construction of Three (3) City-Owned Parking Lot Improvements; City Council Resolution No. 6840 – Accepting Public Improvements for Dove Hollow, The Villages V Phase 1, Unit 1 (Lodi Development, Inc.); City Council Resolution No. 6841 – Approving and Adopting Final Tract Map No. 2017-01 Quail Meadows Villages at Stonecreek VII, Phase 3 (Lodi Development, Inc.); City Council Resolution No. 6842 – Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and SNG & Associates, Inc. to Update the City of Los Banos Public Works Improvement Standards & Specifications in the Amount of $65,775. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND FINAL DEVELOPMENT PLAN #2023-02 FOR SNOW GOOSE TOWNHOMES. THE PROJECT CONSISTS OF THE DEVELOPMENT OF TWENTY-FIVE (25) TOWNHOMES WITHIN A PRIVATE GATED RESIDENTIAL DEVELOPMENT. THE PROJECT SITE IS LOCATED AT THE NORTHWEST CORNER OF CREEKSIDE DR. AND SNOW GOOSE DRIVE, APN 084-010-094; CITY COUNCIL RESOLUTION NO. 6843 – APPROVING FINAL DEVELOPMENT PLAN #2023-02 – SNOW GOOSE TOWNHOMES. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Council Member Lambert inquired as to if it is going to be a wall or a fence for which Community & Economic Director Souza Elms responded that it will be completely gated and then a masonry wall and rot-iron fence. Council Member Lewis stated how it was determined that a traffic study wasn’t needed, but with all the schools in the morning and in the afternoon, was any of that taken into consideration for which Ms. Souza Elms responded that they followed the City guidelines when it came to determining if a traffic study was needed. Ms. Lewis mentioned that the City will not be responsible for the landscape and lighting and inquired if there will be a Mello Roos for this and will there be a sunset for which Ms. Souza Elms responded that yes there are public safety fees and they do not sunset and explained how the fees will be assessed. Ms. Lewis inquired as to if the developer will need to meet the City standards for which Ms. Souza Elms responded with a Yes. Ms. Lewis stated that this type of design has been in our City for quite some time and we are now beginning to miss out on some really cool designs that are out there and feels that it might be time for us to look at new designs for our residential areas and our street designs and we can ask our developers to do better. Council Member Jones thanked the developer for bringing this forward, this is a much-needed project in our community, feels that your design works well with what Los Banos has going on. Mayor Llanez inquired as to what does this do for our housing development mandates with the state for which Ms. Souza Elms stated that it helps with our density needs, noting that 25 units isn’t a lot but it is helpful and nice to provide workforce housing. Council Member Lambert inquired as to if there will be solar panel options for which Ms. Souza Elms stated that Yes, it is a requirement of the State. Mayor Llanez opened the public hearing. BLANCHE JORGE stated that she walks this area three times a week and loves this design and how it matches the area, she was on the Planning Commission when this came forward and likes that it is not just a concrete jungle especially for the pets; ANN McCAULEY inquired as to if this project might have tankless water heaters and recirculating pumps can save a lot of water, how tankless water heater is on demand, recirculating pumps you press a button to push and recirculate out the cold water so that you are not wasting it waiting for hot water, something to think about; UNNAMED PERSON stated that he sells solar and how difficult it is for solar panels that are built with the house in accordance with the square footage not the number of occupants, inquired as to if there will be room for homeowners to add additional solar panels. JOHN [UNAUDIBLE NAME] thanked the public for the questions and spoke to the solar panels, tankless water heaters and recirculating heat pumps and how the panels are designed in accordance with State standards, spoke to the solar true up that happens sometimes with solar. No one else came forward to speak and the public hearing was closed. Ms. Lewis spoke regarding tankless water heaters and how she had a whole house system twice and how she had to take the descaler out because it didn’t allow her tankless water heaters to work properly, you will need to have a water softener in order for the tankless water heater to work properly. Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6843 – Approving Final Development Plan #2023-02 – Snow Goose Townhomes. The motion carried by the affirmative action of all Council Members present. Council Member Jones thanked Mr. White for all his hard work on this and Mr. White thanked the City for their support. CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS – ENCAMPMENT RESOLUTION FUNDING FOR A PERMANENT SUPPORTIVE HOUSING PROJECT; CITY COUNCIL RESOLUTION NO. 6844 – AUTHORIZING THE ACCEPTANCE OF THE ENCAMPMENT RESOLUTION FUND GRANT IN THE AMOUNT OF $11,842,621. Community & Economic Development Director Souza Elms presented the staff report, and introduced Housing Program Manager McCammond who spoke in more detail to the proposed project, which included a PowerPoint presentation. Council Member Lambert inquired as to if the money can only be used for this, for which Ms. McCammond explained what the funding could be used for. Mr. Lambert inquired as to if the project will be audited for which Ms. McCammond stated Yes and how she has spoken with Ms. Portillo regarding this requirement. Council Member Jones stated that this is different than bridge housing, how he has been in one and was impressed with how nice they are and with strict management, he explained how this will be a 1-year lease under the resident’s name and inquired as to what happens after the 1 year for which Ms. McCammond stated that they can stay as long as they are complying with the lease and how they are working on finding funding to help with the lease payments. Mr. Jones inquired when this initial grant runs out, what the long-term plan for which Ms. McCammond responded that ultimately the developer will own the property and will be fully responsible for the project and spoke to the service coordinators on the project and the 50-year deed restriction. Ms. Souza Elms added that this parcel is part of the RDA overall plan to remove blight and provide affordable housing. Mr. Jones inquired as to if we are mandated by the State to provide affordable housing options for which Ms. Souza Elms spoke to where we are at with meeting the housing standards in the City. Mr. Jones inquired as to how does the City’s partnerships play into the private partnership and if something happens with that developer for which Ms. Souza Elms spoke to how a DDA will be required with the developer, with milestones that the developer will be required to fill and if they default there will be penalties to the developer for not performing. Mr. Jones asked if we are building it out and handing it over to the developer for which Ms. Souza Elms responded that the developer is developing and the City is the pass through with the funding. City Attorney Vaughn explained that the City is acting like a bank to the developer and as the project is built out the funds will be distributed, the developer will have the incentive to manage it. Mr. Jones spoke to concerns with the developer not fulfilling, like they sometimes do for which Mr. Vaughn explained that they are purposefully structuring this like a loan with regulatory agreements and milestones in place in order for the loan to be forgiven. Council Member Lewis stated that part of the grant was subsequent phases to include developer of land with modular units and community involvement, is that the community at large or where the units are place for which Ms. McCammond stated that we have begun a good neighbor committee and opportunities for reaching out to local organizations, press releases, communication plans and kickoff meetings. Ms. Lewis asked who will be providing the onsite services for which Ms. McCammond stated that we are recommending that that goes out to bid. Ms. Lewis asked when will those services start for which Ms. McCammond responded that services begin before the first tenant and explained the types of things, they do to prepare them to be tenant ready. Ms. Lewis asked about the sustainability plan and what would that include for which Ms. McCammond stated that is the next phase and something they are still working on and will deliver to Council if that is acceptable. Ms. Lewis stated that looking at the project site map and how it is going to be placed where we had a homeless encampment and why not move it further east to give a bit more buffer to the senior trailer park for which Ms. McCammond responded that the encampment that was there in the past and the good neighbor committees includes those that live in the senior trailer park and the homes will not be directly behind the trailer park. Ms. Souza Elms added explained what is planned with the development in association with improvements. Ms. Lewis spoke to the 50-year deed restriction and what happens after that, is there any kind of requirement that a case manager continues while the deed is in force for which Ms. McCammond responded that staff is working with legal counsel to ensure that the services remain and are key and they are working on options. Mr. Jones stated that since this is going to have full time management on it, it will probably look better than some units that already exist with absentee owners, this is the best-case scenario, and he spoke to the rules that they will need to follow, and if they are not compliant, they will be dealt with. Mayor Llanez stated that he is excited for this project and everything you have done and accomplished you two are to be commended for, there will be 50 units, any other buildings for which Ms. McCammond stated that there will be two service budlings with beautiful landscaping and aesthetics and we will put our whole heart into this. Mr. Llanez stated that however we can educate the community and emphasize ways to find and include the commuters with maybe virtual meetings. Ms. Souza Elms stated that this this is page 1, chapter 1 with the next step is the agreement and after that we will go through a site plan review process and the community will be invited to all this, with lots of opportunity for involvement. Motion by Jones, seconded by Lambert to approve City Council Resolution No. 6844 – Authorizing the Acceptance of the Encampment Resolution Fund Grant in the Amount of $11,842,621 and direct staff to move forward with the site proposed. The motion carried by the affirmative action of all Council Members present. CENTRAL CALIFORNIA ALLIANCE FOR HEALTH (CCAH) AWARD AGREEMENT AND BUDGET AMENDMENT; CITY COUNCIL RESOLUTION NO. 6845 – AUTHORIZING THE CITY MANAGER TO EXECUTE THE CCAH AGREEMENT AND AMEND THE 2024-2025 FISCAL YEAR BUDGET AS IT PERTAINS TO REVENUES AND EXPENDITURES IN THE AMOUNT OF $2,500,000. Removed from the agenda at the beginning of the meeting. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1205 – ADDING CHAPTER 11, TO TITLE 5 OF THE LOS BANOS MUNICIPAL CODE RELATING TO PUBLIC CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY OR IN PUBLIC AREAS (FIRST READING & INTRODUCTION). City Attorney Vaughn presented the staff report. Police Chief Reyna spoke in detail to the enforcement side that the Police Department deals with. Council Member Jones spoke to how yesterday after hours at my office a homeless person was having a fight with someone that wasn’t there, and there really isn’t anything we can do with people like that. Police Chief Reyna stated that he always advises people to call the Police and not handle it themselves, as there is always generally something that we can do. Mr. Jones stated that people that are homeless and being caravanned over and dealing with those that are doing that, for which Mr. Reyna stated that is something we can look at and he has talked to staff and they are not seeing that, not saying that it’s not happening, and a majority of homeless have ties to Los Banos. Mr. Jones inquired as to if the city cites and tow vehicles if they are living out of them for which City Attorney Vaughn responded that we had to define camping and those in car will be cited and move them along. Mr. Jones spoke to the designated camp area and how they don’t get along with each other, what about the ones outside the camp area, will this help with that for which Mr. Reyna stated yes, this will help. Council Member Lewis inquired as to why health issues were left out of the ordinance for which Mr. Vaughn stated that the whereas are just a way to set up the ordinances and the health issues are addressed in the body of the ordinance. Mayor Llanez spoke to his experience with an issue that he dealt with regarding safety concerns, and how we want to take care of the public, that is our biggest concern. Ms. Lewis noted that camping is deemed to occur whether a full night is spent at a specific location, why not any location for which Mr. Vaughn explained that the definition of camping and are more focused on the totality not the specific items. Ms. Lewis asked why are there provisions in here to give the City Manager all governance in this process or in this section, it should all be explained for which Mr. Vaughn explained that this was set up to allow for the City Manager or designee. Ms. Lewis stated that she looked at other ordinances and hasn’t seen the City Manager being involved like this and explained why she feels it should be a certain department instead of City Manager. Mr. Jones stated that if she was the City Manager, she would want it. Ms. Lewis spoke to Jones comments directed at her. She then asked staff about the timeframe regarding personal property and will you have the authority to remove it for which Mr. Reyna spoke to the intent of this section. Lewis spoke to when it comes to claiming property and needing an ID, is there a different type of ID that they can use for which Mr. Reyna explained that they need to have some type of ID to prove their identity. Ms. Lewis spoke to enforcement and if there were any monetary fines or penalties for which Mr. Reyna stated that the municipal code allows for that already in. Council Member Lambert stated that each case is going to be unique and the officer will deal with them with compassion, a lot of ordinances have the City Manager in the ordinance and that is because he is the chief operator of the city and he is the delegator and just shows that Council Member Lewis has a vendetta with the City Manager, it’s hard because of the situation that we have to deal with but we need it and will help staff and keep our streets clean and keep Los Banos looking the way it is right now. Mr. Llanez added that we can’t compare to the City of Fresno and thanked Mr. Vaughn and Mr. Reyna for putting this together. Mr. Llanez asked if the officers receive training on drug courts and all that is included in the ordinance for which Mr. Reyna responded Yes, he has met with his supervisors and they will make sure that there is training provided. Mr. Llanez noted that the Mayor of Fresno runs the City as a full-time employee. Motion by Jones, seconded by Lambert to waive the first reading of Ordinance No. 1205 – Adding Chapter 11, to Title 5 of the Los Banos Municipal Code Relating to Public Camping and Storage of Personal Property on Public Property or in Public Area. The motion carried by the affirmative action of all Council Members present. Motion by Jones, seconded by Lambert to introduce Ordinance No. 1205 – Adding Chapter 11, to Title 5 of the Los Banos Municipal Code Relating to Public Camping and Storage of Personal Property on Public Property or in Public Area. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT: None. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6846 – ADOPTING THE LOS BANOS DOWNTOWN MASTER PLAN. Community & Economic Development Director Souza Elms presented the staff report and introduced Paul Thomas with Mark Thomas who spoke in more detail, which included a PowerPoint presentation. Council Member Jones asked with the planning document, the alleys, is that what the public decided on that they wanted, for which Ms. Souza Elms responded that the steering committee was more of a stakeholders group of properties owners and businesses and helped us further identify priorities and alley improvements was a priority. Mr. Jones asked if the estimated engineering costs included the entire right away for which Ms. Souza Elms responded that the focus of the master plan was on the streetscape and the infrastructure and how that looks to create a foundation for grants. Mr. Jones asked is there a goal to get utilities underground for which Ms. Souza Elms responded Yes. Mr. Jones stated that years ago when the RDA was up and running, existing improvements would get wiped out and replaced for which Ms. Souza Elms responded that would be something we would consider in the future, to redo it all or continue with where the RDA left off. Mr. Jones stated that this is a big project and will be amazing to see, it’s pricey and hopefully we will get grants, feels this will bring back the small-town feel. Mr. Llanez asked if there was consideration for handicap parking for which Ms. Souza Elms responded that it does require a redesign of our curbs and that needs to happen before we address parking. Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6846 – Adopting the Los Banos Downtown Master Plan. The motion carried by the affirmative action of all Council Members present. NOTICE AND ANNOUNCEMENT OF VACANCIES AND APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON THE SELECTION COMMITTEES FOR THE FOLLOWING COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2026; MEASURE H CITIZENS’ OVERSIGHT COMMITTEE – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2026; MEASURE P COMMITTEE – ONE (1) VACANCY, ONE (1) THREE (3) YEAR TERM – EXPIRING DECEMBER 31, 2027; PARKS & RECREATION COMMISSION – THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2026; PLANNING COMMISSION – THREE (3) VACANCIES, ONE (1) AT-LARGE VACANCY – EXPIRING DECEMBER 31, 2026, ONE (1) VACANCY IN DISTRICT 1 – EXPIRING DECEMBER 31, 2028, ONE (1) VACANCY IN DISTRICT 4 – EXPIRING DECEMBER 31, 2028; TREE COMMISSION – TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2026. Mayor Llanez read the announcement of vacancies as stated above and made note that the following City Council Members will serve on the selection committee for each commission/committee as follows: Airport Advisory Commission – Council Member Lewis/District 4; Measure H Citizens’ Oversight Committee – Council Member Jones/District 3; Measure P Committee – Fire Chief & Police Chief recommendation for City Council approval; Planning Commission/At-Large – Mayor; Planning Commission – District 1; Planning Commission – District 4; Tree Commission – Council Member Lambert/District 1. ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT. City Manager Pinheiro stated that it was an exciting night and we got a lot approved tonight; spoke in regards to Shaunessy Park and the City would like this park developed as soon as possible and have communicated that to the developer and waiting for a response as it is something he and Begonia talk about; they do have budget hearings and they have met with the developer regarding De Anza and are trying to make progress on that, same thing with Vineyard Park we are trying to work with the developer to improve that; this past weekend we had a microchipping clinic and are continuing to service many animals in the community, we have been paving quite a few roads in the community and will continue on with more and are really excited about continuing to keep that going, continue to cut and trim trees and grateful for all the hard work they are doing, the Animal Shelter project is progressing along quite well and extremely exciting for the Animal Shelter to get built and it is a long overdue project and all the progress they have made out there, spoke about the Ag Sports Complex and how when Joe Heim first came to town 6 years ago and saw that it needed improvement and he can’t say thank you enough to the hard work he and his team has done, spoke to a conversation he had with the Mayor and Lambert about taking care of our parks and not just talk about them but get them taken care of and thanked the Mayor for his leadership and Council Member Lambert on supporting these efforts, spoke about Noah Jones Ball Park improvement, Colorado Ball Park and the inclusion of a splash pad and now the Ag Sports Complex and how this has all been brought forward in the last couple months, working on the gateway sign downtown and how it is actively working on getting erected, thanked Stacy and her team on the efforts they have been making on the unhoused population and the grant funding they have received for all the different types of projects, the $15 million we have received and all that we are doing to make Los Banos a better place, we should be excited and rejoice over that, we are going to continue to work hard every day to make this City the best possible that it can be, it is quite historical to get all that we have got done is such a short period of time, spoke to the state of the city vehicles and how we are reinvesting into our equipment and our infrastructure, and we are coming to Council and being transparent on what is being spent and the services we are providing the community, thank you to the team and staff for all their hard work. 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 stated they will be having their retreat in the month of November for the SJVAPCD to plan for what they would like to see for the 2025/26 year, spoke about the grants for communities to start reducing pollution and to change vehicles to comply with the combustion regulations. Mayor Llanez read a press release regarding PCE and the incentives that they offer and the amount of funding and support Los BAnos has received; the MCAG meeting was cancelled for September. CITY COUNCIL MEMBER REPORTS: DEBORAH LEWIS: Stated that in the 12 years that she has been an elected official our employees have never gone on strike, we have always been able to come to an agreement with them, spoke to concerns with how absolute authority has been given to our City Manager, how our staff in our Public Works Department union deserve full faith in negotiations and would like to see our Council be updated more often on the status of negotiations; the City has continued to lose employees and spoke to all the employees that have left and how she received a phone call Monday night informing her that Vanessa Portillo our Finance Director is going to be leaving the City and how sad she was to hear and thanked Ms. Portillo for her service to the City and wants to know how many more staff are we going to lose. KENNETH LAMBERT: Stated that he has been up here for 4 years and he has seen more done in the last 4 years than he has seen done in the whole years that he has been here, thanked Joe, Chief for all his traffic studies, and park improvements and how his parks all have stop signs now, the addition of the Dog Park, wondered what the big ugly building was out at the Ag Sports Complex and the improvements that he made out there, the ball fields were in terrible shape, it’s all about talking and trying and pushing and slowly getting things done, and if we had the right maintenance we could have gotten this all done, people have come to him about rolling their ankle at the Ag Sprots complex, the batting cages are old and the netting needs to be replaced, it’s all about communicating to get things done like he has got things done in his district, he was part of pushing forward the new Police Station when others didn’t, the Police Department was shorthanded and needed a new place to work to feel good, we are spending a lot of money and the City has paid in for all this to be done and it is not a savings account, you pay the money to get things done and he will keep pushing to get things done, thanks to the Department Heads and City Manager for the things he has gotten done the last few years. DOUGLAS BEGONIA, JR.: Stated that he has been out in his district and people are happy that we are paving streets and trimming trees, spoke about Sunrise Ranch Park that will be open soon and how that park is always packed, the new basketball court constructed there, he would like us to get moving with Shaunessy Park and doesn’t understand why it wasn’t handled 4 years ago, excited about Colorado Ball Park and the homeless housing plans and all the great work done on that, we have to make tough decisions on where the homeless homes need to go but it is going to be managed and he is excited for that, excited about the new Animal shelter being constructed. BRETT JONES: Stated how it is kind of remarkable that none of these projects have been mentioned in the newspaper, just his district alone the Community Center has had many improvements like painting, Miller & Lux building looks like a nice classic building and is a showstopper, a lot of tree throughout town, especially downtown and around the Presidential area, his first years on Council it was hard for him to get anything done, they never had the budget or manpower, and this came from government raised City Managers that never thought outside the box, and with Josh we don’t have that, he just gets it done, not trimming trees caused issues and we found every excuse not to, City Hall has not had any exterior maintenance done on the outside and we have redone the landscaping, F Street building got repainted, just little things on the canal trail, Henry Miller Plaza received some maintenance, paved streets in his district, item F and how we are getting parking lots done and they have been really rough for many years, landscaping has gotten redone, Stonewood got new landscaping on it, City {ark on 9th Street got new volleyball courts, Catholic Park received playground equipment as well, 7th Street Ball Park got revamped and this is just some of the things in his district, and told the Police Chief good job on who designed the new graphics for the Police Department. PAUL LLANEZ: Spoke about the San Luis and Ward shooting years ago and what we can to be proactive in that area, calls for service have to be triaged and prioritized and thanked our Chief and Officers for what they do, a nice little script for tonight’s meeting and how Hostetler made a comment about a home he bought in DP and how he took a 40% pay cut and employees got laid off and how labor negotiations done by previous administration caused that, he remembers that feeling very seriously and takes that into consideration, in a City when you negotiate there are rules and you have to follow them, we give authority to the City Manager to negotiate and no one had any issue with the direction we gave the City Manager, I know what it’s like when the City spends irresponsibly and if that upsets people I am sorry, Mr. Hostetler is doing his homework and looking for anything he can, he still would like to sit down with Mr. Hostetler and work together to get things accomplished. 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 MID MANAGERS ASSOCIATION (LBPMMA). No reportable action. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO SUBDIVISION (C) OF SECTION 54956.9 (ONE POTENTIAL CASE). No reportable action. ADJOURNMENT. The meeting was adjourned at 11:30 p.m. APPROVED: __/s/ Paul Llanez_____________ Paul Llanez, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk