CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
March 6, 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: Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Douglas Begonia, Jr., Brett Jones, Deborah Lewis and Mayor Paul Llanez.
STAFF MEMBERS PRESENT: City Attorney Vaughn, City Manager Pinheiro, Police Chief Reyna, Fire Chief Tualla, Community & Economic Development Director Elms, Interim Finance Director Brent Kuhn, Parks and Recreation Director Heim, Public Works Director/City Engineer Bergson, Assistant City Clerk/HR Analyst Blevins.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all council members present.
PRESENTATION – CERTIFICATE OF RECOGNITION TO DANA RAWLS,
ADMINISTRATIVE COORDINATOR FOR THE FIRE DEPARTMENT, FOR BEING NAMED THE EMPLOYEE OF THE MONTH FOR FEBRUARY 2024. Mayor Llanez presented the certificate to Dana Rawls.
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. BLANCHE JORGE and other Elks Lodge Members spoke to how they have collected comfort animal stuffed dalmatian dogs for the Fire Department so they can give to children during difficult situations they respond to. She further spoke to the Halloween event they held for the animals and how it was a very successful event that raised funds for the shelter, that they are very thankful for the turnout and they plan to have it again this year; PATRICIA MCCOY, reminded all about the Honor Flight fundraising drive thru dinner event on Monday at the DES Hall.
Tickets for the rigatoni dinner are still available; ANN MCAULEY, local resident, spoke to how the Arbor Day celebration was a great event and the kids of the community did a great job with their exhibits. The parks are looking fantastic and the new play structure at College Greens Park is great. She further spoke to how she wanted to speak about Greg Hostetler and how he is the developer of the area she lives in - College Greens - and how it's a great area to live in. If he wants to be proud of the new segment, they should at least be putting landscaping and lighting in the area and the fact that that road has been blocked off forcing all those people to go around just to get into their neighborhood is ridiculous. Hostetler can go on and on about the donations he makes but not having landscaping and lighting in the area speaks volumes. She feels it's despicable when a developer does not make their area look smart. She spoke to the new bank on the corner, how it looks great and how they even built a sidewalk when they may not have had to.
These things should be required for all projects to make them look better; KATHY BALLARD, stated she had a question about the Home Depot incident that was posted on the City's Facebook page, then it was deleted so when people would go onto the page to see what was going on, the information would be gone and now there is just chatter. She was curious what the page was for and whether it was to inform the public or not; GREG HOSTETLER, stated he was speaking to Josh Pinheiro and stated that he was less than impressed with his performance. He spoke to City Manager Pinheiro's $1 million payout, his excessive salary, and the hostile work environment he creates for his employees. He spoke to De Anza Way and how the issue is not being addressed. He received a letter relating to the matter, he responded and claims there has been no follow up since. He has invited City Manager Pinheiro to meetings since he has been re-hired and City Manager Pinheiro stated that he was going to resolve the issue himself. Hostetler is again requesting another meeting as traffic fees have been fined on him. He wonders where all of this money is going; REPRESENTATIVE FROM OFFICE OF JOHN DUARTE, spoke to the issue of Valley Fever our local communities are faced with and how there are certain programs ongoing to provide vouchers for screening. Ongoing efforts for possible vaccines and prevention methods are in the works. Representative Duarte is requesting that the FDA research the issue of Valley Fever; CHRISTOPHER LEVEGLIA; Santos Ford, spoke to a current bid that is out for City vehicles and how it appears to him the City has black balled him. He spoke to how Public Works staff used to reach out to him regarding these bids to be sure that he participated. He spoke to an instance where he won a bid but, there were issues in the automotive industry that caused delays in the delivery of the vehicle so now the order has been cancelled. He wonders why the City is only using Chevy and GMC brands now and why things are no longer being done under a sealed bid. There should be some sort of fiscal responsibility for tax payer money; RAUL GRANILLO, Mercey Springs Church of the Nazarene, spoke to how there will be a free workshop in April that will include information and assistance for issues surrounding citizenship and immigration issues; MARION SANTOS, owner of Santos Ford, spoke to how many surrounding cities buy their fleet vehicles from him but the City they do business in will not. Santos Ford needs the support of the City or the shop will shut down.
Toscano RV has been supporting them and keeping them afloat. Please try to buy locally as it has been a real struggle; MICHELLE SANDOVAL, Executive Director of the Los Banos Chamber of Commerce, spoke to how the Chamber's server crashed in December and all data was lost but they have been able to get everything back over time. The local events are continuing on - the Street Fair, the Spring Fair - although they may not be having a beer booth at the spring fair this year. MARIBEL GARCIA, Los Banos Downtown Association, spoke to a merchant event that is being held tomorrow and would love for folks to attend so she can get some feedback. On March 17, there will be the St. Patrick's Day Pub Crawl downtown and hopes to see everyone there; REFUGIO LLAMAS, spoke to an event on March 29 called "Welcome Home" event for Vietnam veterans. This is a way to continuously thank veterans in our area for their service. This is a free event to veterans, their families, and the general public. He further spoke to how there is a big problem going on with City management and how they choose to lead. It's starting to spill over especially as it relates to decision making on something prior to having public input.
It's the responsibility of the City Council - not the City Manager - as they should be managing him and directing him. He encourages City officials to take time to reflect on how they conduct themselves. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated she wanted to remove Agenda Items 7B, 7C and 7D for discussion.
Item 7B - City Council Resolution No. 6741 - To Delegate Authority to the City Manager to Undertake Certain Actions to Commence and Complete the Real Property Transactions for the Ortigalita Road I Pioneer Road Intersection Improvement Project.
Public Works Director/City Engineer Bergson spoke to the item and how notices have been sent out to homeowners in the area. Council Member Lewis requested history and why the area is being widened for which Director Bergson stated that to his understanding, it was a piece of the Pioneer widening project. Council Member Lewis questioned the urgency, how long this has been on the books and why now for which Director Bergson stated that some of the funds are due to expire soon and that the City is prepared to backfill funds to proceed with the project. Interim Finance Director Kuhn joined the discussion and explained how Measure V and MCAG funding tie into this and how the movement of the funds was delayed due to departmental turnover. Council Member Lewis expressed her discomfort with how the Pioneer Widening Project is progressing, how funds are being rushed because they are about to expire and how there have been no updates as to what this project is going to look like.
Item 7C - City Council Resolution No. 6742 - Ratifying the City Manager's Approval of the Employment Agreement with the Finance Director Vanessa Portillo. Council Member Lewis spoke to how she is expected to make a decision on this item based off of the contract itself. She would like information on the soon-to-be employee. City Manager Pinheiro provided some background on Vanessa Portillo and said the team is excited to have her. Council Member Lewis asked if Vanessa was given the opportunity to attend tonight's meeting to introduce herself for which City Manager Pinheiro answered that her first day of employment would be on Monday, March 11.
Item 70 - City Council Resolution No. 6743 - Accepting the 2023 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Council Member Lewis mentioned that the report of completion included all of the streets as a whole and asked if there was a reason why Birch Avenue was not included for which Interim Finance Director Kuhn answered stating it was because it was a change order.
Motion by Lambert, seconded by Jones to approve the consent agenda as follows: Check Register for #243777 - #243985 in the Amount of $1,193,990.70; City Council Resolution No. 6741 - To Delegate Authority to the City Manager to Undertake Certain Actions to Commence and Complete the Real Property Transactions for the Ortigalita Road / Pioneer Road Intersection Improvement Project; City Council Resolution No. 6742 - Ratifying the City Manager's Approval of the Employment Agreement with the Finance Director Vanessa Portillo; City Council Resolution No. 6743 -Accepting the 2023 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 Elms introduced Shawn Marshall who presented the item which included a PowerPoint presentation.
There was Council discussion with Shawn Marshall regarding some projects going on in town and those projects are a solar panel carport parking area at the community center and a solar roof top that will be installed at the wastewater treatment plan. Those projects are assumed to be done sometime this year.
No action taken. Informational item only.
CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1204 - AMENDING TITLE 2 CHAPTER 2 ARTICLE 5 OF SECTION 2-2.510 OF THE LOS BANOS MUNICIPAL
CODE TO CHANGE THE MEETING DATES AND TIMES OF THE LOS BANOS AIRPORT ADVISORY COMMISSION FROM MONTHLY TO QUARTERLY MEETINGS.
Public Works Director/City Engineer Bergson presented the staff report.
Motion by Jones, seconded by Lambert to waive the second reading of Ordinance No. 1204. The motion carried by the affirmative action of all council members present.
Motion by Jones, seconded by Begonia to adopt Ordinance No. 1204 - Amending Title 2 Chapter 2 Article 5 Section 2-2.510 of the Los Banos Municipal Code to Change the Meeting Dates and Times of the Los Banos Airport Advisory Commission from Monthly Meetings to Quarterly Meetings. The motion carried by the following roll call vote: AYES:
Lambert, Begonia, Jones, Lewis, Llanez; NOES: None; ABSTAIN: None.
CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6744 - ADOPTING A REVISED BUDGET FOR THE 2023-2024 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES. Interim Finance Director Kuhn presented the staff report which included a PowerPoint presentation. Council expressed how they were pleased with how many things are getting done and how the City is actually making money. Staff was asked if the reserve account still met the required 30% mark for which Interim Finance Director Kuhn stated that the reserve account is actually more toward the upper 80% - 90% mark. He further stated that the City should be using the money because that's what the taxpayers are paying it for.
Motion by Lambert, seconded by Begonia to adopt City Council Resolution No. 6744 - Adopting a Revised Budget for the 2023-2024 Fiscal Year as it Pertains to Expenditures and Revenues. The motion carried by the affirmative action of all council members present.
ADVISEMENT OF PUBLIC NOTICES (Two Reports). Community & Economic Development Director Elms spoke to the two items that would be held at the next Planning Commission Meeting on Wednesday, March 13, 2024 - one being a site plan review for Legacy Development for a fuel station and convenience store and the other item being for a Mobile Food Vending Permit for Hugo Oliveira.
CITY MANAGER REPORT. City Manager Pinheiro thanked all staff for the Arbor Day Event at Talbott park. On March 30, there will be an egg hunt at Oliveira Park. The Community Center is currently being painted. There's quite a bit of tree trimming being continued. The Sidewalk pathway project at the PAL field is going on.
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 (LBPBID). Council Member Lewis reported that on March 2, the San Joaquin Valley Air Pollution Control District in partnership with another organization had a tune up event at the fairgrounds. The turnout was great despite the rain. There were 258 cars that went through the lines for smog and those owners of vehicles that did not pass smog were given vouchers to assist with costs associated with repairs to get them to pass smog.
There is also funding allocation available for purchases of new electric vehicles. Interest forms are available for those who want to review their eligibility in trading in their old vehicles. This program is available to those who own cars from 2006 or older.
Mayor Llanez reported that the MCAG One Voice trip to Washington D.C. is coming in May and that he and the City Manager would be attending.
COUNCIL MEMBER REPORTS
LEWIS: Council Member Lewis spoke to how she is looking forward to the Oliveira Park Easter Egg Event. The kids really enjoy it. She spoke to how it is stated in the City Manager's contract that he is supposed to have an evaluation done on an annual basis and questioned who was supposed to put it on the agenda. She requested that his evaluation be put on the agenda.
LAMBERT: Council Member Lambert thanked Interim Finance Director Kuhn for a great report on mid-year item. He is excited for the new Finance Director to join the team.
BEGONIA: Council Member Begonia attended the Fire Department Pancake Breakfast event and stated it was nice to see community support. He further spoke to the Arbor Day Event and how it was a success. He thanked Interim Finance Director Kuhn for the mid year update.
JONES: Council Member Jones thanked staff for all hard their hard work and appreciates everything they do.
LLANEZ: Mayor Llanez spoke to how there are effective ways of communication as it relates to expectations. He told Council Member Lewis that she should let him know if the City Manager is not communicating with her. He further spoke to Hostetler's comments and how there is open communication and dialogue going on even though he claims there is not. Lastly, he mentioned that it's time for the City to do something about the homeless because we can no longer wait for the State. It is time to do something now.
ADJOURNMENT. The meeting was adjourned at 7:43 p.m.
APPROVED:
___Paul Llanez_____________
Paul Llanez, Mayor
ATTEST:
__Sara Blevins_________________
Sara Blevins, Assistant City Clerk