City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JANUARY 15, 2025 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 6:01 p.m. PLEDGE OF ALLEGIANCE: Acting Police Chief Melden led the pledge of allegiance. Before roll call Mayor Amabile read a resignation letter from Council Member Lambert dated January 15, 2025 and effective immediately. which is on file with the City Clerk. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile, District 1 – vacant (Council Member Lambert resigned); ABSENT: None STAFF MEMBERS PRESENT: Acting Police Chief Melden, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Public Works Director/City Engineer Bergson, Fire Chief Tualla CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Chavez to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS: PROCLAMATIONS RECOGNIZING MEMBERS OF CITY COMMITTEE/COMMISSIONS: DAVID ANDERSON – AIRPORT ADVISORY COMMISSION MEMBER, LARRY LEONARDO – AIRPORT ADVISORY COMMISSION MEMBER, ELDRIDGE JOHNS – MEASURE H CITIZENS’ OVERSIGHT COMMITTEE MEMBER, LETTY GUERRA – MEASURE H CITIZENS’ OVERSIGHT COMMITTEE MEMBER, MICHAEL AMABILE – MEASURE H CITIZENS’ OVERSIGHT COMMITTEE MEMBER, TIM MCNALLY – MEASURE P COMMITTEE MEMBER, BRAD GARGANO – PARKS & RECREATION COMMISSION MEMBER, SHEMAR PIERCE – PARKS & RECREATION COMMISSION MEMBER, GARY MUNOZ – PARKS & RECREATION COMMISSION MEMBER, KATHERINE UHLEY – PLANNING COMMISSION MEMBER, ELIAS REYES – PLANNING COMMISSION MEMBER, TOM KALJIAN – TREE COMMISSION MEMBER, MARY ACCARDO – TREE COMMISSION MEMBER; PROCLAMATION – RECOGNIZING REVEREND DR. MARTIN LUTHER KING, JR. DAY. Mayor Amabile presented the proclamations to those that were present to accept, as follows: Brad Gargano and Elias Reyes. Pastor Steve Hammond was present to accept the Martin Luther King, Jr. Day proclamation. 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. RAUL GRANILLO, Pastor of Mercey Springs Church, stated that he likes coming to the Council Meetings to see what is happening and he likes to speak words of encouragement, spoke to how we sometimes cause problems by being righteous instead of being part of the solution, how we shut our ears to what needs to be heard, compromising is important and means that the team agrees to take a path that may not be the one a single person needs to take, to not follow the rules is not to compromise it is a division, how the Council must work as a team and once you agree on something you are to follow the decision agreed upon and if you do not do that you harm this entire community, you may not always agree and how diverse voices is what makes this process amazing; KATHY BALLARD, commended our new Council and spoke to the resignation of Mr. Pinheiro and because of the prior Council it has cost the City a lot of money, over $2 million to one person is just not right, no amount of tree trimming and improving parks was worth that, how more and more citizens are becoming involved in what the Council is doing, she hopes it continues and the public is allowed to voice their concerns again at Council Meetings; STEVE HAMMOND thanked the Council for recognizing Martin Luther King Jr. Day and invited the community to come down and celebrate on Monday at 10:00 a.m.; JULIE CREIGHTON spoke to the change of events and how she needs to reformulate what she wishes to state, she welcomed Mr. Chavez and Mr. Sanders to the City Council and how she is recommending Mr. Leyva for the vacant council seat, it is unfortunate that we lost another Finance Director who was there less than a month, we need to figure out why we can’t hang on to Finance Directors and why prior ones stated many years, we need to find out why this is all happening, we need an actual employee of the city and is dedicated and has a vested interest, happy to see that we are going to have a new atmosphere up here, a group of us has been fighting for openness and more transparency for a few years and hope that happens. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis, seconded by Chavez to approve the consent agenda as follows: Check Register for #249362 – #249432 in the Amount of $199,861.40; City Council Resolution No 6868 – Accepting the Monroe Avenue Waterline Replacement Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No 6869 – Accepting the West I Street Sewer Lift Station Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No 6870 – Accepting the Animal Shelter Building Project 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. APPOINTMENT OF MEMBERS TO THE FOLLOWING COMMISSIONS: AIRPORT ADVISORY COMMISSION, THREE (3) TWO (2) YEAR TERMS – EXPIRING DECEMBER 31, 2026; PLANNING COMMISSION, ONE (1) FOUR (4) YEAR TERM IN DISTRICT 4 – EXPIRING DECEMBER 31, 2028. Motion by Lewis, seconded by Sanders to appoint Dave Anderson and James Davis to the Airport Advisory Commission for a two-year term expiring December 31, 2026. The motion carried by the affirmative action of all Council Members present. Motion by Lewis, seconded by Chavez to appoint Gregory Hicks to the Planning Commission – District 4 for a four-year term expiring December 31, 2028. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (THREE REPORTS). Community & Economic Development Director Souza Elms reported that there will be three Public Hearings at the Planning Commission on January 22, 2025: to consider a Categorical Exemption from the CEQA and a Mobile Food Vendor Permit #2024-07 to allow the operation of a mobile food vending vehicle on private property for Ivan Gonzalez dba La Jalisciense 2, located at 402 Washington Ave, APN 026-062-006; to consider a Categorical Exemption from the CEQA and Site Plan Review #2025-01 for the proposed six shade said canopies requested by the City of Los Banos Parks & Recreation Division to be located at 515 Stonewood Drive (Ranchwood Park), 226 Citrus Avenue (Citrus Park), 1055 W. I Street (Big Page Park), 2600 Wood Duck Drive (Meadowlands I Park), and 254 Santa Ana Street (David Park); and to consider recommending to the City Council an Annexation of approximately 180-acres located on APNS 082-020-024, 424-010-003, 424-010-004, and 073-220-014 to construct a basin for the purposes of surface and storm water capture as well as for incidental groundwater recharge, the basin would provide multiple benefits in terms of storage, incidental recharge, and re-regulation of various City and Grasslands Water District water sources and possess a combined storage capacity of 500 AF. CITY MANAGER REPORT. Mayor Amabile read a statement regarding City Manager Pinheiro’s resignation. The City thanks Mr. Pinheiro for his dedicated service and progress to the City and the citizens of Los Banos and wishes Mr. Pinheiro well in his future endeavors 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 Amabile reported that there is a MCAG meeting tomorrow in Merced at 3 pm and he will report on that at the next meeting. No report for PCE, Measure V, there is a SJVAPCD meeting tomorrow, and we need to appoint a representative to the LBPBID. CITY COUNCIL MEMBER REPORTS: DEBORAH LEWIS – DISTRICT 4: Thanked Kathy Uhley for her 4 years of service on the Planning Commission for District 4, she did an excellent job and appreciated all the talent she brought to that position and in turn welcomed Mr. Hicks to the Planning Commission. Ms. Lewis stated that she is requesting that an item be brought forward to change the ordinance back to how it used to be to reflect the vote to terminate a city manager be by a majority vote, not the 5-0 vote that it was changed to. DISTRICT 1: Vacant [Kenneth Lambert resigned prior to the meeting]. EVAN SANDERS – DISTRICT 2: Thanked Mayor Amabile, Council Member Lewis and City Attorney Vaughn for supporting me and stated that the is looking forward to do his part for the citizens, spoke about how he visited the animal shelter and looks forward to meeting residents in the city and in his district, how he has his social media up on Facebook and Instagram, and reminded people jokingly that he is not always angry this it’s just the face he has. MARCUS CHAVEZ – DISTRICT 3: Thanked Mayor Amabile and Ms. Lewis for their support, he does not take this lightly being on the City Council, spoke to how he got to tour the animal shelter and shooting range, took a tour of the Police Department, there is a lot of stuff that we need to do, like visit and meet the different departments and hear about things that need to get done, visited the Community Center on Saturday and encouraged the community to reach out to him about items at Council Meetings, and he joking said that he’s not mad either that’s just how he looks too and for the citizens to feel free to visit any time with him. MICHAEL S. AMABILE – MAYOR: Asked Fire Chief Tualla to speak about the Fire Department team that has been deployed out at the Easton fire in the Los Angeles area for which Chief Tualla spoke to, reminded all that our Fire Stations here in Los Banos continue to be fully staffed and things are good right now. City Attorney Vaughn explained how the city will handle the resignation of Council Member Lambert and how the Government Code does not allow a majority of the City Council be appointed, the City Clerk and I are reaching out to the Merced County Election Department to gather information to figure out the dates available and next steps required. Mayor Amabile stated that there are election options available to the City Council that they need decide on and reminded all a that there are still vacancies on the City’s various commissions and encouraged all to apply. CLOSED SESSION – PUBLIC EMPLOYMENT; TITLE: ACTING/INTERIM/CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957(B). Before going into closed session, Mayor Amabile explained the reasoning behind Acting and Interim City Manager and a permanent City Manager. Mayor Amabile stated that action was taken by a vote of 4-0 to prepare and advertise an Request for Proposals (RFP) for a recruitment firm to conduct a search to fill the City Manager position. Mayor Amabile stated that action was taken by a 4-0 vote that Fire Chief Paul Tualla be appointed the position of Acting City Manager, effective January 16, 2025. ADJOURNMENT. The meeting was adjourned at 7:43 p.m. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk