City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES DECEMBER 18, 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 Amabile called the City Council Meeting to order at the hour of 6:03 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert – District 1, Deborah Lewis – District 4, Mayor Michael Amabile, District 2 – vacant, District 3 – vacant; ABSENT: None STAFF MEMBERS PRESENT: Police Chief Reyna, City Attorney Vaughn, City Manager Pinheiro, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Department/Kuhn, Public Works Director/City Engineer Bergson, Fire Chief Tualla, City Treasurer Lawrence CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. ROLL CALL: MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Deborah Lewis, Mayor Michael S. Amabile; District 2 – vacant, District 3 – vacant. PRESENTATIONS – CITY OF LOS BANOS EMPLOYEE OF THE YEAR 2024. Mayor Amabile presented the Employee of the Year certificate to Justin Ragunton, Assistant Planner in the Community & Economic Development Department who was present 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 Amabile invited the public to come forward to speak. CAROLYN VIERRA following up on the last council session on the PBID and how she recently met with Ms. Souza Elms on this matter and how they are asking for a meeting with the Council people and the Mayor to discuss this matter further; ELAINE COREY stated that she backs up what Ms. Vierra stated and also met with Ms. Souza Elms and all they are asking for is transparency to see where our tax dollars going, how the PBID have an accounting system and they should be able to print reports, they want to meet with the Mayor and Council Members and wants to know we can do about this; KATHY BALLARD thank you for the open house, it was nice to see everyone and talk to them, wants to make a comment on 7E regarding pickleball courts and would like to see this item tabled and honestly doesn’t know if the money is being spent wisely, people who want to locate here do not look at if we have pickleball courts and urged the Council to hold this item until you get a complete Council and you can review everything that this City needs and spoke to what we need to do to bring in developers; BLANCHE JORGE, lives in the downtown area, this past week volunteers were able to take care of some cats at the Home Depot, concerns with feral cats, how she goes to the shelter at times and they are rotating animals and working to get animals rescued, in the close future we really need a project funding for trap and release issues, all the positive things happening out at the animal shelter, and hopes the Council fills the vacant seats with people who are pro cats and dogs; LAURIE BALATTI, Los Banos resident, stated that she feels that amenities are important when people look to move to Los Banos, how pickleball is the fasting growing sport and a great sport, not a sport just for seniors, in Los Banos we have players from 8 to 87 years old playing, last summer over 100 kids participated in pickleball in Los Banos and a pickleball club is being created for the youth, how pickleball connects people of all ages and is a very positive experience for all, speaking to pickleball courts remaining open during COVID pandemic and reading from an article regarding all the benefits, how the budget was approved 2 and half years ago and hopefully it will finally become a reality; INAUDIBLE NAME shared some of his personal experience with pickleball and how it has benefited him as a newcomer to Los Banos, how he felt welcomed and part of a community, when he travels he makes sure he can take his pickleball paddle and practice, and when he looks for a place to move to a pickleball court is something that is important; MS. GRANILLO, spoke in support of pickleball courts, it is really life changing in the best ways, she is a new member of the community and has fell in love with Los Banos and has built her community with the pickleball community, whenever we travel we look for pickleball courts, she has seen what a benefit pickleball courts are to a community, they are open year round, pickleball serves every age group and very inclusive and especially if you are wanting to build community, helps businesses, they can be rented out, i.e. team building events, the best part is the free pickleball courts at the Community Center, the Racquet Club you have to pay, and free pickleball courts would take away the stigma that only the rich can play, would give the youth something to do and a great alternative for them; PASTOR RAUL GRANILLO wanted to invite all to an event of Christmas eve night at 6 pm, it’s a candlelight service with song and worship, our community is very divided, we need to come together as a community, it’s a bilingual service, to the amazing women who spoke earlier is my wife, he spoke to the complexity of the homeless issue, coming together as a community is very important and we all have different ideas, stop being opposed to those who see things differently, take time to listen and come together, thinks the pickleball court is a great idea and sees how quickly it has taken off, it’s a low maintenance easy thing that attracts a lot of people, we need to make room for others; TOM BALATTI, lifelong resident of Los Banos, spoke regarding pickleball and thanked the previous Council and the City Manager for recognizing pickleball the last couple of years and supporting Parks & Recreation and making it its own department, our City in past hasn’t kept up with things and is glad that the Little League field is getting improved, how he had to travel over an hour to golf and how we need to bring recreation back to Los Banos; BRAD McCRAE, teaches math at Creekside Jr High, spoke in support of pickleball and how he has had some students come to him wanting it and if they had a public place to go they will use it, it is a game for all generations, there’s a strong desire for other things and the sport of pickleball is going to grow in the coming years, it will allow for economic growth and help us get those other things we want, it will benefit our entire city and help with the sense of community, the youth want it too; GREG HOSTETLER spoke about transparency and how Ms. Lewis knows firsthand, the consent items has almost $10 million worth of items and he’s not so sure that we know where the money is coming from, we have been asking for and accounting through PRAs, how he has paid park fees and road fees, etc. but the connection to the highway has still not been completed, where’s the money, we submitted a PRA November 15th asking about a staff members pay, we got a letter on the 10th day they needed 15 more days, why are we not allowed to have the information, he is in support of the pickleball courts but not the location or the shade structures, he farms land up north of the proposed pickleball courts and thinks this will pose a problems with air and those playing pickleball, how he would like to see it more centrally located, speaking about his concerns with Shaunessey Park and how the City Manager has not got things done, the lady talks here at City Hall and then she was moved to a cubicle by the toilet, he feels he needs to be put on admin leave and investigate the financial accounts, where’s the money, is there an embezzlement going on, concerns with improving Colorado Ball Park so that planes can crash, I am surprised that Bill Vaughn is putting up with all of this and he would have resigned; TONY WHITEHURST the importance of speaking openly in government and the decisions you make, this is a point of change and we have a lot of rebuilding to do, his years with the Los Banos Chamber of Commerce and the years of support the City has given the chamber, spoke to the events the Chamber is putting on and trying to raise operating funds in the process which has been hard to do, has stepped forward to help out the Downtown Association on their efforts and activities, the Chamber enjoyed the contract relationship they had with the City years ago and how we need to get back to the days where we helped generate transient occupancy taxes which will help support the chamber, and would like to reinitiate contractually discussions with the City and the Economic Development Department, thank the Council and look forward to an opportunity to get back into contract with the City and thanked the City for their support. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Amabile stated that he would like to pull item 7E – City Council Resolution No. 6863 – Authorizing the City Manager to Execute the Contract with Frontline General Engineering Inc. for the Construction of Pickleball Courts Project and Amending the Fiscal Year 2024-2025 Budget Increasing the Appropriation Amount in the Park Development Fund Account 250- 454-220-720 in the Amount of $333,566 for the Total Project Amount of $2,533,566 & 7F – City Council Resolution No. 6864 – Authorizing the City Manager to Execute a Contract with Agee Construction for the Ortigalita Road and Pioneer Road Signalization and Traffic Flow Improvements in the Amount of $6,674,758 and Amend the Fiscal Year 2024-2025 Budget Increase Appropriations in the Public Works Capital Improvement Plan (CIP), Account Number 229-430-220-716 in the Amount of $4,290,000. Council Member Lewis stated that she would like to pull item 7C – City Council Resolution No. 6861 – Authorizing the City Manager to Execute the Grant Agreement with the Merced County Association of Governments (MCAG) for the Regional Early Action Planning (REAP) 2.0 Grant and Amending the Fiscal Year 2024-2025 Budget to Increase Appropriations for Revenues in the Amount of $128,438 & 7D – City Council Resolution No. 6862 – Accepting the Police Facility Project Located at 1111 G Street as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder for discussion. 7C – City Council Resolution No. 6861 – Authorizing the City Manager to Execute the Grant Agreement with the Merced County Association of Governments (MCAG) for the Regional Early Action Planning (REAP) 2.0 Grant and Amending the Fiscal Year 2024- 2025 Budget to Increase Appropriations for Revenues in the Amount of $128,438. Council Member Lewis asked Ms. Elms to give a brief background on this item. Ms. Lewis asked if this was going to be the full cost of the development standards or will there be more costs to come for which Ms. Elms stated that this will help offset what the City has already budgeted for and what has been spent to date. Ms. Lewis stated that she would hope that these standards be brought to Council so that we understand them. 7D – City Council Resolution No. 6862 – Accepting the Police Facility Project Located at 1111 G Street as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Police Chief Reyna gave a brief overview of this item. Finance Consultant Mr. Kuhn explained that the cash that will come back will go to the general fund and the fund that accounted for the construction of the new Police Department Facility will be closed out. Ms. Lewis inquired as to if we had debt financing and when will that be paid off for which Mr. Kuhn stated that there is a loan to be paid back with a 2% interest rate, over 30 years paid out of Measure P funds. Motion by Lewis, seconded by Lambert to approve 7A – Check Register for #247623 - #248829 in the Amount of $8,850,204.34 and 7B – Minutes for the November 20, 2024 City Council Meeting. The motion carried by the affirmative action of all Council Members present. Motion by Lambert, seconded by Lewis to approve 7C – City Council Resolution No. 6861 – Authorizing the City Manager to Execute the Grant Agreement with the Merced County Association of Governments (MCAG) for the Regional Early Action Planning (REAP) 2.0 Grant and Amending the Fiscal Year 2024-2025 Budget to Increase Appropriations for Revenues in the Amount of $128,438. The motion carried by the affirmative action of all Council Members present. Motion by Lewis, seconded by Lambert approve 7D – City Council Resolution No. 6862 – Accepting the Police Facility Project Located at 1111 G Street as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. The motion carried by the affirmative action of all Council Members present. 7E – City Council Resolution No. 6863 – Authorizing the City Manager to Execute the Contract with Frontline General Engineering Inc. for the Construction of Pickleball Courts Project and Amending the Fiscal Year 2024-2025 Budget Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-720 in the Amount of $333,566 for the Total Project Amount of $2,533,566. Parks & Recreation Director Heim presented the staff report. Council Member Lewis stated that she didn’t get a rendition or schematic concept plan, but she did get a Planning Commission packet that had some, and when she compared that with what is before us tonight it appears that there have been additional shade structures and amenities added, and her concern is that we have an ARPA budget of $2.2 million and now we are asking to spend additional monies and take it out of the Park Development Fund, she is concerned about the total cost of this and would like to see us stick to what was already budgeted and planned for, she would have like to have been shown what the Planning Commission was shown, and would like to see what we are actually going to approve, and isa requesting that this be brought back to Council so that we can see exactly what it will look like, who is doing landscaping and who all is involved in it, some of the trees being planted are very fast growing very fast and very large. Mayor Amabile inquired as to if we could approve this without the bid alternates for which Mr. Heim said yes and spoke to who the company is and they will be doing all the construction; base bid is $1.6 million. Council Member Lambert asked what does the base bid include for which Mr. Heim explained the construction of courts, no shade structure or light poles. Mr. Lambert spoke to what Trump plans to do with daylight savings time and to do the electrical now instead of later for which Mr. Heim responded to. Mr. Lambert stated that he is okay without shade and people can bring awnings if they like but if we wait another year down the road it is going to cost more and we will need to come back later. Mr. Amabile stated that it is up to Council and this time it takes 3 votes to past. Mr. Kuhn reminded Council that these ARPA funds have to be spent by the end of 2026. Ms. Lewis stated that she is still going to stand with the base price of the ARPA $2.2 million, lighting we can look at in the future, how there are companies that are developing solar lighting, not sure if there is court lighting, not in favor of more fees with PGE for the city, feels that the sails and electricity can wait and doesn’t feel secure expending any more funds now, stick to the base bid. Mr. Lambert asked if we got solar options and can you turn them off for which Mr. Heim responded no, we didn’t look at solar and you can turn them off, solar is something we can look at down the line, it’s something we can think outside the box and investigate it, but it is cheaper to do it today. Mr. Lambert made note that pickleball is the fastest growing sport. Mr. Heim stated that if we did not include the lighting and include the shade structure, we would come under the $2.2 million budgeted and enough for contingency. Mr. Amabile stated that this group came before the Council 5 years ago and would like to see this move forward. Ms. Lewis asked for clarification on the cost of the project and what has changed since it went to the Planning Commission and there was discussion regarding the shade structures and different types, with Ms. Lewis stating that she is okay with adding 3 shade structures and Lambert stated that he is okay with all 4 shade structures as it will come in under budget. Motion by Lewis, seconded by Lambert to approve City Council Resolution No. 6863 – Authorizing the City Manager to Execute the Contract with Frontline General Engineering Inc. for the Construction of Pickleball Courts Project Including the Base Bid Amount of $1,591,381.34. The motion carried by the affirmative action of all Council Members present. Motion by Lambert to include the 4 shade structures. The motion died due to a lack of second. Motion by Lewis, seconded by Lambert to include three shade structures, Bid Alternates B-1, B-2, B-3. The motion carried by the affirmative action of all Council Members present. 7F – City Council Resolution No. 6864 – Authorizing the City Manager to Execute a Contract with Agee Construction for the Ortigalita Road and Pioneer Road Signalization and Traffic Flow Improvements in the Amount of $6,674,758 and Amend the Fiscal Year 2024-2025 Budget Increase Appropriations in the Public Works Capital Improvement Plan (CIP), Account Number 229-430-220-716 in the Amount of $4,290,000. Public Works Director/City Engineer Bergson presented the staff report. Ms. Lewis asked if there have been modifications to this particular project since it’s been approved by MCAG for which Mr. Bergson stated no, the basic concept is what MCAG approved. Ms. Lewis inquired as to if there was a right of way request made of Caltrans for which Mr. Bergson responded yes. Ms. Lewis inquired as to if this will cause a delay, for which Mr. Bergson stated no. Ms. Lewis stated that she has been told that it did not make Caltrans agenda for which Mr. Bergson responded that we do not need to go to Caltrans if we award this year. Ms. Lewis speaking to the different funding categories and is that CMAQ monies through MCAG for which Mr. Bergson responded yes that is the federal grant authorized and administered by us. Ms. Lewis inquired as to the money from wastewater capital and water capital from the city and how this is related for which Mr. Bergson responded there are costs associated for each of the systems, with Mr. Kuhn adding that these funds are enterprise funds and there are impact fee funds and capital reserve funds. Ms. Lewis inquired how does a signalization related to wastewater and water for which Mr. Kuhn responded it is actual infrastructure. Mr. Amabile spoke to the urgency of the funding and how much time we have to use it or lose it. Mr. Bergson stated that the federal grant portion was authorized several years ago and if we don’t proceed with this, we may have to go back to the State Transportation Commission for the $3.9 million. Mr. Amabile asked if this matches up with the Pioneer Corridor project and Mr. Bergson respond yes and Mr. Kuhn added that there are regional funds and reciprocal funds and reimbursements will kick in. Ms. Lewis stated hat this has been on the books a lot longer than what is stated, and still a project with MCAG, would like an update on where we are with MCAG and the process, as we have been in the past on the verge of losing money and would like to have MCAG come and present on where we are at with projects. Mr. Lambert stated that we need to move forward on the signalization of the intersection and all the infrastructure upgrades for this project and if we don’t move this forward, we could lose it. Mr. Amabile stated that he had a very good relationship with MCAG and got a lot done and is now again on the board and he will have a lot of answers after his meeting. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6864 – Authorizing the City Manager to Execute a Contract with Agee Construction for the Ortigalita Road and Pioneer Road Signalization and Traffic Flow Improvements in the Amount of $6,674,758 and Amend the Fiscal Year 2024-2025 Budget Increase Appropriations in the Public Works Capital Improvement Plan (CIP), Account Number 229-430-220-716 in the Amount of $4,290,000. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF NEXT STEPS IN FILLING THE LOS BANOS CITY COUNCIL MEMBER VACANCIES IN DISTRICTS 2 & 3. City Attorney Vaughn presented the staff report; City Clerk Mallonee read the list of applications received for each council district: District 2 – Refugio Llamas, Evan Sanders, Abel Molina, Cody Camacho, Philip Deleon; District 3 – Erasmo Viveros, Marcus Chavez, Steven Nunes, Miguel Aljandre, Sybil Halloran, John Cates. Ms. Mallonee asked for direction on what to do with Mr. Deleon’s application, for which the consensus was to allow him to be interviewed for District 3. Mr. Vaughn spoke to the interview process and how long the process could take and consider not doing it on a regular council night, but do it at a special meeting to give you ample time to consider all the applicants and interview them or at the regular meeting on January 2, 2025. Mr. Vaughn gave an overview of the interview/selection process that has happened in the past, making note that the interviews and selection need to happen at an open meeting. There was a discussion on the interview questions and input was given and some time was spent discussing how the voting of candidates will happen, staff suggested a ranking system and a way to whittle it down to a few candidates. Discussion about breaking a tie if that were to happen and eliminating those who did not receive a vote. Ms. Lewis would like to preview the questions to make sure we are okay with them or would like to change or add to with Mr. Vaughn reminding Council that there is not a right or wrong answer but more so how they answer the question and present themselves. Mr. Lambert would like to remove #5 regarding the downtown and add a question of why do you feel we should pick you as a council member. Ms. Lewis feels that Mr. Lambert’s added question could be added to #6 and she would like to remove #2 what is your favorite thing about Los Banos? Mr. Amabile spoke to what he is looking for in a council member and what is important. Mr. Lambert doesn’t want to give them the answers that we want to hear, he wants to know from them straight up and doesn’t want to preload them with the answers. Ms. Lewis stated in the past we’ve always pretty much independent thinkers on council, we haven’t always agreed but we have come to a consensus for what’s best for our city. By consensus, questions were decided to be 1, 3, 4, 6 merged with new question, 7, 8. Discussion regarding setting the date of the interviews and focusing on a standalone meeting and it was decided that January 8, 2025 at 6:00 p.m. would be a good date and time and to be televised. Mr. Vaughn stated that he will come up with other voting options to for consideration at the January 2, 2025 meeting. Direction given to staff. CONSIDERATION OF APPOINTMENT TO MERCED COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO); CITY COUNCIL RESOLUTION NO. 6865 – APPOINTING A REPRESENTATIVE TO THE MERCED COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO). Community & Economic Development Director Souza Elms presented the staff report. Motion by Lambert, seconded by Lewis, to adopt City Council Resolution No. 6865 – Appointing a Representative [Mayor Michael Amabile] to the Merced County Local Agency Formation Commission. 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 all the events going on this past week, movie night at the Fire Station, Fire Truck going around with Santa Claus, Breakfast with Santa, Christmas parade with a drone light show, and hot cocoa with the popo event. 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). Ms. Lewis stated that the next SJVAPCD meeting is December 19, 2024 and she will report at the next meeting. Mr. Amabile stated that the next PCE meeting is December 19, 2024 and the MCAG is December 19, 2024 for which he has had a lot of discussion with the MCAG Executive Director already and one topic of importance is regarding Highway 152/Pacheco Pass at the dam and she is going to make sure our community knows what is going on with that. CITY COUNCIL MEMBER REPORTS: DISTRICT 2: Vacant DISTRICT 3: Vacant DEBORAH LEWIS – DISTRICT 4: Thanked the Mayor for being available to ride in the Christmas parade and it was eventful with one of the older fire trucks, she attended Breakfast with Santa event and it is a wonderful event and she enjoys serving the community and the excellent job done by the Parks & Recreation Department, she attended the San Joaquin Valley League of Cities regional meeting last week and Stephen Qualls the leader of the division is retiring at the end of this year and spoke to the wonderful job he has done for the regional division, she then spoke regarding a new bill SB 1164 that postpones property tax for 10 years on ADUs, how her son, Charles, came down for her swearing in recently and he came to her first one too and she wanted to thank him for supporting her for all her years on the Council and the SJVAPCD Board and wanted to thank him for that; and to our City staff and to the community she wanted to wish everyone a very Merry Christmas and thank you for all you’ve done this year and she looks forward to working with everyone in the upcoming years. KENNETH LAMBERT – DISTRICT 1: Thanked staff for the wonderful year this year, definitely thanked them for tonight and all the questions you answered for us, spoke about the pickleball courts and hopes to do more in the future, wishes everyone a Merry Christmas and a happy New Year and next year will be bright and shiny. MICHAEL S. AMABILE – MAYOR: Stated that he is glad we are doing a special meeting for the Council vacancy appointments, how he will be reviewing Council policies that have been changed since he was on Council, and wants to look at how Council now has to put things on the agenda and how we have to ask to have things on the agenda and he is going to request that the Mayor be able to request an item to be put on the agenda when it is appropriate depending on staff time as Council Members have things they can talk to the Mayor about and would like to go back to that with the help of our City Manager and legal counsel, thanked staff for all their work this past year, he’s been here 2 weeks already, next Council Meeting is Thursday, January 2, 2025 and then coming back on January 8, 2025 for a special meeting, thanked all who came to the 28th Annual Holiday Open House and thanked the staff that put it all together, wished all a very Merry Christmas and a happy New Year. ADJOURNMENT. The meeting was adjourned at 8:58 p.m. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk