City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES FEBRUARY 5, 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 6:02 p.m. PLEDGE OF ALLEGIANCE: Acting Police Chief Melden led the pledge of allegiance. 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; ABSENT: None STAFF MEMBERS PRESENT: Acting City Manager/Fire Chief Tualla, 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, Finance Consultant Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Chavez, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS – CITY COUNCIL RESOLUTION NO. 6871 – A RESOLUTION OF COMMENDATION TO KENNETH LAMBERT; CERTIFICATE OF RECOGNITION – CARLOS CAMPOS, PACHECO HIGH SCHOOL; CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR JANUARY 2025 – JEREMY STERLING, CODE ENFORCEMENT OFFICER / POLICE DEPARTMENT. Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6871 – A Resolution of Commendation to Kenneth Lambert. The motion carried by the affirmative action of all Council Members present. Mayor Amabile spoke to Mr. Lamberts 4 years of service and all that he did for the City. Mayor Amabile presented the certificate to Mr. Campos who was in attendance to acceptance and he then spoke regarding his running program. Mayor Amabile presented the certificate to Mr. Sterling 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 Amabile invited the public to come forward to speak. BLANCHE JORGE shared her experience of helping search for a lost dog and praised the efforts of the Police Department, Animal Shelter, and staff, encouraging continued support for the shelter. AMANDA REESE, a 15-year resident, raised concerns about immigration, specifically asking about the city’s plans regarding ICE and the lack of Latino representation on the city council. She also inquired about the status of a previous request to have a police academy in Spanish. VANESSA BARAJAS, a representative for Esmeralda Soria, highlighted resources available to residents, including DMV assistance and mobile office visits, and thanked the Housing staff. She also mentioned that Soria secured $1 million for the Colorado Ballpark project. IVANI MOLE, a 17-year resident, echoed concerns about ICE, emphasizing the anxiety it causes and asking for clarity on the city's stance and its plans regarding ICE enforcement. LAMONT GOLDSTEIN, a small business owner, expressed frustration about the homeless situation near his business on G Street, citing theft, crime, and safety issues. He requested a fence for his property to improve security, similar to those installed at other city properties. JOHN FULTON, a 30-year resident, thanked the city for allowing him to continue his bird count at the WWTP and shared his findings. KATHY BALLARD raised concerns about the city’s Mobile Food Ordinance, particularly issues with bathrooms, permanent structures, and food vendors operating outside the designated hours. CAMI AVELLAR, a 25-year resident, asked for updates on the progress of Shaunessey Park and De Anza Way, expressing frustration over the lack of improvements. PAUL RIMASO, a member of the Carpenters Union, advocated for higher labor standards in city development projects, urging the city to ensure responsible contractors and fair wages. GREG HOSTETLER expressed interest in improving Shaunessey Park, De Anza, and the Pioneer Corridor. He also offered to donate land for a regional park and suggested developers should contribute more to the city. An UNNAMED PERSON shared frustrations about the town’s progress and homelessness, offering support for a more unified community and sharing personal challenges in building a business. Mayor Amabile addressed the $1 million homeless grant, emphasizing the city's commitment to valuing all people. Acting Police Chief Melden commented on ICE- related concerns, referencing a recent LBPD statement and clarifying the role of law enforcement. The meeting highlighted a range of concerns, from public safety and homelessness to development and immigration, with a focus on community engagement and city improvements. Mayor Amabile reiterated the city's commitment to valuing everyone, emphasizing inclusivity and respect for all members of the community, regardless of their background or status. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Sanders requested that items 7B – Second Quarter Investment Report for 2024/2025, 7E – City Council Resolution No 6872 – Authorizing the Acting City Manager to Execute a Purchase Agreement with Motorola Solutions for Motorola APX 8000 Radios in the Amount of $312,765.05, Item 7F – City Council Resolution No 6873 – Accepting the 2025 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder be removed from the Consent Agenda for questions. Item 7B – Second Quarter Investment Report for 2024/2025. Council Member Sanders inquired as to how do we characterize this in terms of financial health for which Financial Consultant Kuhn responded that we are up in the 1-2% of cities this size, as with a lot of agencies, the yield curve has been inverted and has continued up to this point and how that could possibly change in the future. Item 7E – City Council Resolution No 6872 – Authorizing the Acting City Manager to Execute a Purchase Agreement with Motorola Solutions for Motorola APX 8000 Radios in the Amount of $312,765.05. Council Member Sanders stated that this wasn’t in the budget and is curious why we are investing in new ones, for which Acting City Manager/Fire Chief Tualla explained that some radios are 20 years old and the new ones will last for many years. Mr. Sanders stated that the number of radios does not match the number of employees, why not a full set for which Mr. Tualla explained that the priority now is the Police Department. Council Member Lewis noted that they are demo radios and what is the warranty for which Mr. Tualla said same as the new ones would be, 3- year warranty with significant savings and he really appreciates staff’s efforts on making this happen. Item 7F – City Council Resolution No 6873 – Accepting the 2025 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Council Member Sanders stated that it looked like we went over the 10% contingency and there was no approval for the added budget expense for which Public Works Director/City Engineer Bergson stated that it is common practice is to go up to 25% of contract price, the practice here has been to ask for 10% with the industry standard is 25%. Council Member Lewis noted that there have been 3 change orders, adding pavement to the animal shelter lot and wondered did it come to Council for approval, the animal shelter project was at 25% and couldn’t do any more and how the contractor ended up doing it, what budget did the street repairs come out of for which Financial Consultant Kuhn explained that ARPA funds covered the costs. Council Member Sanders stated that there were two projects, paving of streets and animal shelter project ran out of funds so money was used from streets project and it sounds like you ran out of money for one project and when you ran out of money you used a different project to pay for it, for which Parks & Recreation Director Heim explained that there is the budget appropriation for the animal shelter, what occurred was they strategical used another contract to pay for the same work at the animal shelter, in response Mr. Sanders asked if that was normal practice and Mr. Kuhn stated that is was not common to do that. Ms. Lewis stated that what she is hearing tonight we had the purchase of the building and improvements approved but the paving of the street there did not come back to Council for approval, and how moving forward this council is going to be a bit more precise to do these types of things, for which Mr. Kuhn responded that in terms of the fiscal impact it was okay. Council Member Chavez stated that walking through the animal shelter it seems like a lot of money was spent and for not much in return. Mayor Amabile stated that this whole project was done last year and appreciates all that staff has done and that this Council looks at things differently than the Council did last year. Motion by Chavez, seconded by Sanders to approve the consent agenda as follows: Check Register for #249433 – #249726 in the Amount of $3,273,104.04; Second Quarter Investment Report for 2024/2025; Minutes for the January 2, 2025 City Council Meeting; Minutes for the January 8, 2025 Special City Council Meeting; City Council Resolution No 6872 – Authorizing the Acting City Manager to Execute a Purchase Agreement with Motorola Solutions for Motorola APX 8000 Radios in the Amount of $312,765.05; City Council Resolution No 6873 – Accepting the 2025 Street Rehabilitation 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. PENINSULA CLEAN ENERGY PRESENTATION. Community & Economic Development Director Souza Elms presented the staff report, introducing Shawn Marshall, CEO Of Peninsula Clean Energy (PCE) who spoke in more detail to what PCE offers the City of Los Banos and those in the JPA. Council Member Lewis inquired as to when you say battery components, what does that mean for which Ms. Marshall explained that batteries are paired with solar instillation so that you can store the energy for future use. Ms. Lewis asked about upgrading appliances and how residents can apply for only electric, Ms. Marshall said that PCE only offers electric only. Ms. Lewis asked who get the income from the charging stations for which Ms. Marshall responded that PCE does not and they work with a provider to offer up the installation for a minimal charge and the fee is passed off to the tenant, for the public facility there is no surcharge. Ms. Lewis wanted to confirm that the 10% discount is available to all of our customers for which Ms. Marshall said yes. Mayor Amabile encouraged all to check out the PCE website and take advantage of the discount. APPROVAL OF RESPONSE LETTERS FROM THE LOS BANOS CITY COUNCIL AND THE ACTING CITY MANAGER REGARDING MERCED COUNTY CIVIL GRAND JURY FINAL REPORT 2023-2024 REGARDING THE AMERICAN RESCUE PLAN ACT (ARPA). Acting City Manager Tualla presented the staff report. City Attorney Vaughn spoke in more detail to the grand jury report and the reason behind the responses regarding ARPA funding and the proposed letters, findings and recommendations. Council Member Sanders inquired as to the follow-up process that each business had to go through for which Community & Economic Development Director Souza Elms responded each business had to attest that they spent the money as promised. Mr. Sanders inquired as to if any money was returned for which Ms. Souza Elms stated that the Elks Lodge returned their check. Financial Consultant Kuhn explained that this was more of a revenue replacement program, how the calculation was done, and was a spending priority approved by Council. Mr. Sanders speaking about the RAD Card and what happened to the funding for which Mr. Kuhn explained, noting that the funds need to be spent by year end 2026 and will be discussed when mid-year is brought to Council. Motion by Lewis, seconded by Chavez to authorize the Acting City Manager and the Mayor on behalf of the Los Banos City Council to execute the attached two letters to the Honorable Steven K. Slocum Presiding Judge, Superior Court of California, County of Merced, responding to the Merced County Civil Grand Jury Final Report 2023-2024 regarding the American Rescue Plan of 2021 (ARPA). The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF ORDINANCE NO. 1206 – AMENDING SECTION 2-3.126 OF ARTICLE 1 CHAPTER 3 TO TITLE 2 OF THE LOS BANOS MUNICIPAL CODE RELATING TO CITY MANAGER (FIRST READING & INTRODUCTION). City Attorney Vaughn presented the staff report. Council Member Lewis stated that she is glad to see this cleanup language and that we don’t have to worry about this anymore, as the City seeks to look for a new City Manager. Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1206 – Amending Section 2-3.123 of Article 1 Chapter 3 to Title 2 of the Los Banos Municipal Code Relating to City Manager. The motion carried by the affirmative action of all Council Members present. Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1206 – Amending Section 2-3.123 of Article 1 Chapter 3 to Title 2 of the Los Banos Municipal Code Relating to City Manager. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Mayor Amabile; NOES: None; ABSENT: None. CONSIDERATION OF OPTIONS TO FILL THE CITY OF LOS BANOS COUNCIL MEMBER VACANCY IN DISTRICT 1. City Attorney Vaughn presented the staff report. Council Member Lewis inquired as to if the election is either in August or November, would the cost be reduced if another measure or election were added at the same time, for which Ms. Mallonee responded Yes. Mayor Amabile stated that most people are used to voting on the first Tuesday of November every year, and having the election then would likely result in better voter turnout. However, it would cost $30,000 more than an August election. Ms. Lewis added that historically, presidential elections see the highest voter participation. I’m not sure there will be a large turnout for just one district’s election, so I’m considering the cost. Council Member Chavez stated that November is the traditional voting period, and its what people are accustomed to. Council Member Sanders stated that he’s been weighing both options and would like to know if the community has an opinion on this as there is value in getting their input. Ms. Lewis inquired as to how will we inform the public, especially those in District 1, that this will be on the next agenda for input and consideration. Mayor Amabile invited the public to come forward to speak. KATHY BALLARD expressed concern about the legal timeframe to fill a vacancy, suggesting that waiting until November could be too long. She also proposed that a drop box at City Hall would make mail-in voting more financially feasible. REFUGIO LLAMAS, as a taxpayer, emphasized the importance of giving voters the best opportunity to vote and supported the November election date, noting issues with mail delivery and visibility. JOHN FULTON questioned the cost of a special election, which would be 50% more expensive, especially in light of concerns about pandemics. He also observed that recent council sessions seemed timed in a way that could block people from participating, which he felt was unappreciated. He expressed support for mail-in voting given his commuting situation. CAMI AVELLAR also suggested mail or drop boxes as an option. UNNAMED PERSON highlighted the importance of notifying District 1 residents and gathering their input, suggesting that it would be in the best interest of the council. City Clerk Mallonee read a letter into the record from Alyssa Homen from District 2 shares several concerns. She thanks the local animal shelter, Feral Freedom Northern CA, and the community for their work in addressing feral cat overpopulation through the TNR (trap, neuter, release) program. Having fixed 12 out of 15 cats in her colony and rescued 8 kittens, she urges continued funding for TNR and low-cost spay/neuter programs to prevent a resurgence of overpopulation, she also requests an update on the $11 million grant for building tiny homes for the unhoused community, asking if the funds are still available and if conditions remain unmet. She stresses the need for housing, social workers, and harm reduction services while calling for accountability for crimes committed by a small portion of the unhoused population, she voices concern over ICE raids affecting the local Hispanic community, noting fear and discrimination, including wrongful detainment of legal US citizens. She criticizes local leaders' silence and urges the mayor and council to support and stand with the Hispanic community. Mayor Amabile suggested holding a workshop to inform potential council members about what is expected of them if elected, including the time commitment, which might be more than anticipated. City Attorney Vaughn stated that staff will advertise and post on the City’s website to get the word out and ensure people are aware that you are asking for public input on the options at your next meeting. ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT; REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: PARKS & RECREATION DIRECTOR, POLICE CHIEF, AND COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR. Acting City Manager Tualla reported that on January 26, 2025, based upon an annual performance review by the Acting City Manager, the Police Chief’s salary will be increased to $16,453 monthly ($197,436 annually) effective November 1, 2024; on January 24, 2025, based upon an annual performance review by the Acting City Manager, the Parks & Recreation Director’s salary will be increased to $11,868 monthly ($142,416 annually) effective November 16, 2024; and on January 30, 2025, based upon an annual performance review by the Acting City Manager, the Community & Economic Development Director’s salary will be increased to $16,226 monthly ($195,192 annually) effective February 1, 2025. Mr. Tualla thanked the staff and Council for all the support while he is in this acting role. 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 he had a meeting a few weeks ago with MCAG and it was time to elect a new chair for MCAG and he was elected Chair which I hope will get us some more road money, also at that meeting CalTrans went through their reports, biggest news there is plans to redo Highway 152 from Santa Fe to Volta the end of this year or next all funded through CalTrans, Waste Management Services, next meeting is February 20, 2025; there was no report for Measure V or LBDPBID. Mayor Amabile stated that he would like to appoint someone to the LBDPBID on a future agenda. CITY COUNCIL MEMBER REPORTS: DISTRICT 1: Vacant EVAN SANDERS – DISTRICT 2: Asked if we can look into the homeless situation and make it better, more bathrooms, more trash pickups, help with fencing, he likes that we allowed for some extra comments during agenda items, what about allowing comments over zoom and better technology for Council Meeting and translation services, he requested a report on Shaunessy Village and de Anza to know what the facts are as it sounds like Mr. Hostetler is willing to work with us now and it would be nice to get that moving, and he noted that he will be at Rancho Mobile Home Park on Saturday to talk to residents. MARCUS CHAVEZ – DISTRICT 3: Stated that he and Council Member Sanders attended the League of California Cities Conference and it was really helpful, he agrees with doing something for the businesses by the homeless, how he talked with staff recently about this and staff will be letting people know what’s going on, would like to look into fencing, how informational postings also need to be in Spanish, inquired as to at lunch time the counter is closed from 12-1 pm and he thinks it would be helpful to be open during those hours for people wanting to take care of business during their lunch hour, and reminded all that commission applications are due February 7, 2025. DEBORAH LEWIS – DISTRICT 4: Gave congratulations to the two new council members on your first reports, regards to our office being closed during 12-1 pm was because of COVID and she too would like to see City Hall open back up from 12-1 pm for business. Last year we had one meeting about a proposed roundabout on Highway 165 and Dove and there have been no updates and has expressed a lot of concerns, she can see some serious accidents happening, she thinks roundabouts work well in neighborhoods but not on highways, spoke to her experience with roundabouts on highways and would be in favor of paying the extra $1 million for the signal lights and would like to see an update on where Caltrans is on this project and have a workshop during the weekend hours. Now that I have the freedom I can travel around our city and has thoughts on making sure your city looks good, like how the new Starbucks has painted part of the masonry wall that is not part of their condition and we should make them finish off and paint all the wall, we give too much buy-in to businesses, made mention that the Police Department is going to get an upgrade with Motorola equipment, is there other equipment that is old and needs to be replaced and is there something in our midyear that we need to consider, our primary goal is public safety for our residents, we have some real big things to consider as a Council. Council Member Chavez stated that he agreed about the Police Department and when he was visiting and he noticed how the cameras were outdated and don’t talk to other law enforcement agencies and is a huge liability and something we need to look at in the future. MICHAEL S. AMABILE – MAYOR: Acknowledged City Treasurer Lucy Lawrence in attendance at the meeting. He stated that he too has concerns with the roundabout and the tomato trucks and how that will work, how Caltrans is looking at roundabouts everywhere, he is looking at ways to try and be more transparent on our webpage, how he will be changing the agenda and allowing public input on each item and give them people three minutes each time, he spoke about a 3-hour meeting where they talked about De Anza and Shaunessy Park and feels that we will fix that and appreciative of the willingness of Mr. Hostetler, the G Street homeless situation is an issue and the answer to G Street is that it needs to go away, no fair to the businesses there and the families there, we are holding people accountable, how he wants to do an ordinance to make it illegal for people to drop off people in our community and how he has been told that there have been buses dropping people off, and we should be able to arrest the driver and impound the bus. Council Member Chavez spoke about roundabouts and tomato trucks and how it is not safe and mass confusion and are not designed for big trucks like that, it has been a challenge and hopes we can find solutions. 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, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA), LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME, LOS BANOS POLICE MIDDLE MANAGERS ASSOCIATION (LBPMMA) AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. Direction given to staff, no reportable action. CLOSED SESSION – PUBLIC EMPLOYMENT; TITLE: INTERIM CITY MANAGER/CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Mayor Amabile stated that action was taken by a 4-0 vote to appoint Gary M. Brizzee, Jr. as Interim City Manager. ADJOURNMENT. The meeting was adjourned at 10:53 p.m. to 5:00 p.m., February 10, 2025 to Consider Appointment of an Interim City Manager. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk