CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MARCH 20, 2024
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: City Manager Pinheiro, City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
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. CHRISTIAN SANTOS, representing Congressman John Duarte, spoke of the important things he is working on, i.e. Los Banos Creek, importance of water, thanked Mike Hughes and Alan Cotta for coordinating the Town Hall Meeting at the Veterans Memorial Hall on 615 E Street, Los Banos being held on March 25, 2024 and introduced the new field representative, Kyle Savage; RAUL GRANILLO, Mercey Springs Church, spoke to the lack of graciousness at council meetings, he prays for all of you, appreciates your desire to bring forward items, he would also encourage all to be gracious, how Ms. Lewis sometimes speaks in an accusing manner, the Mayor interrupts Ms. Lewis and defends the City Manager and how that loses your credibility, spoke to a disrespectful situation he had yesterday with a PG&E employee and his thoughts on that, and you can't do something big if you can't do something small; KATHY BALLARD, speaking as a tax payer not as a Measure H member, stated that she read on the agenda regarding Measure H Funds that there are currently three members on the committee so there is a quorum, and how she has reached out to Mr. Lambert and received no response and also to her district representative Mr. Begonia and no response, inquired as to when the Measure H meeting is going to be held and posted, we need to know where our tax dollars are going, she observed at a school board meeting also regulated by the Brown Act that responses can be done at meetings for which City Attorney Vaughn stated that matters that come up at the public forum cannot be answered and Ms. Ballard stated that she wants answers and how does she get answers for which City Attorney Vaughn stated to submit them to the city clerk or city manager; BLANCE JORGE, lives in the downtown area, spoke regarding Ronny Navarro and how his business got started and how nice it is to see a local young man grow up and become a thriving entrepreneur, how they have cleaned up places destroyed by the homeless, and how she hopes his business continues to flourish; NO NAME, stated that he was experiencing déja vu listening to Greg Hostetler speak about his dealings with the City and their refusal to communicate with him, also spoke to how he is has been asking questions for 9 months and have yet to receive an answer, how Marion Santos spoke about the City blackballing his business in retaliation, how Strike Fitness spoke about issues in the public forum and Brett Jones retaliated against them by telling them to write a check back to the City for the grant money they rightfully received and threatened their plans to move into a new building, these issues in the public forum seem to be a reappearing reoccurring problem, your bullying may stop people from speaking up, but it can't stop them at the ballot box, Measures G and H was more than a vote about the mayor, clerk and treasurer positions it was about if this council should have more power and if the citizens had trust in the council to do the right thing, the results said otherwise, you have put your own self-interests above what is best for the city, to prove otherwise explain the list of grant recipients and why a sitting council member sits at the top of the grant list; NO NAME, spoke regarding her complaints and concerns regarding the homeless on the rail trail and how they have been moved to a different location that appears to not be working out, amazed to see that the Shaunessey Park project is on hold because the land has not been purchased and the city does not own it, this is heartbreaking, she would encourage the City to work with Hostetler so that you can buy this piece of land and the park be built; GREG HOSTETLER, spoke regarding the Vineyard Subdivision, Ranchwood Estates over 2,000 homes and the property taxes paid and how it is going up, landscape down Stonewood Drive is a horrible mess and millions of dollars spent out there, all the money that has been collected, where's the money, inquired as to what Council Member Lambert knows about what's happening in his district, it appears to him that the Ranchwood Estates and Vineyards Subdivision are getting ripped off, the people are not getting their money's worth, you need to take care of your areas as council members, as a City Manager it would take you a couple of hours to drive around and see what needs to be fixed, what do you do for the city, you got paid $1.8 million, you've collected $17 million for parks, where is it, the conversations you are having with staff, former staff and the direction you are giving them is creating a liability for the city and you personally and them if they execute on what you tell them, he is getting calls and getting thank you's for coming to the meeting, people are scared for their jobs and concerned for the liability, he will be back in a few weeks to talk about the corruption that is and has been going on for a number of years, past bribes, he knows about bad stuff and is surprised that Mr. Vaughn is still working for this city because of what is going on this city; DUSTIN CAROPRESO, Los BAnos Little League, spoke regarding Colorado Ball Park that was built in the 1960s and how we need to look into doing things for the kids of Los Banos, we had over 300 kids last weekend and it was great to see, the kids in our community need it, they need something to do, Joe Heim is doing a great job, you have a tough job ahead of you, it is time that we do something for Colorado Ball Park and how if we build a nice facility they will come, the skate park is important too, and thanked the Council for taking the time to listen to him; TJ LOBIG, spoke to the incredible facilities that have built in San Jose, something that should have been done many years ago, how the newspaper in town is not factual right now and they need to build our city up and not tear it down, we have a few Council Members that have only been in here a few years and are doing the best they can and give them time, if there are deals to be made they have to be made right, how Mr. Hostetler is worried about getting these houses done, whoever is the future of our city but sometime it is not worth it and now may be the time to help our kids and build these parks and do what hasn't been done these last few years, there is plenty of money around town to do some awesome stuff, comparing to another city we need more facilities, the 75% for Measure His just those who read the newspapers, how the golf course was being built and it got trashed; MARIBEL GARCIA, Executive Director Los Banos downtown Association, extended the deepest gratitude to the city of Los Banos for their support for their recent event, your professionalism and expertise was appreciated, she gave sincere appreciation to officers and fire fighters for also making our event a success, she thanked the City of Los Banos for their exceptional support at the 1st Annual Pub Crawl, the next event is the Beer and Wine Stroll on April 27, 2024 and that Casino Night has been postponed. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to remove items 6C - City Council Resolution No. 6746 - Acting as the City of Los Banos Groundwater Sustainability Agency Approving the Special Project Agreement for the Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin; and Approving the Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies; and Approving the First Amended Memorandum of Understanding Between the City of Los Banos Groundwater Sustainability Agency and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency and 6D - City Council Resolution No. 6747 - Approving Finding and Authorizing the Emergency Repair of the Airport Runway Lighting in the Amount of $83,300.00 for discussion.
Item 6C - City Council Resolution No. 6746 - Acting as the City of Los Banos Groundwater Sustainability Agency Approving the Special Project Agreement for the Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin; and Approving the Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies; and Approving the First Amended Memorandum of Understanding Between the City of Los Banos Groundwater Sustainability Agency and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency. Public Works Director/City Engineer Bergson presented that staff report and mentioned that Mr. White was in attendance to answer any questions. Council Member Lewis spoke to the importance of this item and how water is a complicated subject and asked if Mr. White had anything to add for which he did and spoke to the history and background to the plan and how they are working with State Board staff, how they are happy and glad to be working with our partners on this subbasin, proud to be a part of the team with the City to work on this important project and spoke to his history with the City over many years.
Item 6D - City Council Resolution No. 6747 - Approving Finding and Authorizing the Emergency Repair of the Airport Runway Lighting in the Amount of $83,300.00. Public Works Director/City Engineer Bergson presented that staff report. Council member Lewis inquired as to when the lights initially went out for which Bergson responded that they went out last year and staff has been looking into repairing the lights but we have been having trouble finding electricians to do this type of work.
Motion by Jones, seconded by Begonia to approve the consent agenda as follows: Check Register for #243986 - #244247 in the Amount of $2,539,930.93; City Council Resolution No. 6745 - Authorizing the City Manager to Execute the Contract with Ronnys Inc. for the Officer Noah Jones Ballpark Sidewalk Project in the Amount of $129,549.00 and a Project Contingency of $19,500.00; City Council Resolution No. 6746 - Acting as the City of Los Banos Groundwater Sustainability Agency Approving the Special Project Agreement for the Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin; and Approving the Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies; and Approving the First Amended Memorandum of Understanding Between the City of Los Banos Groundwater Sustainability Agency and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency; City Council Resolution No. 6747 - Approving Finding and Authorizing the Emergency Repair of the Airport Runway Lighting in the Amount of $83,300.00; City Council Resolution No. 6748 - Approving the Acceptance of a State of California Officer Wellness and Mental Health Grant, Administered by the Board of State and Community Corrections in the Amount of $30,189.55 and Amending the 2023-2024 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $30,189.55; City Council Resolution No. 6749 - Authorizing the City Manager to Sign Amendment No. 1 to the Landscape Maintenance Services Agreement between the City of Los Banos and Ronnys Inc. Adding 19 Locations to the Agreement and Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in the Following Accounts: 100-452-100-231 in the Amount of $9,585.72, 273-458-200-220 in the Amount of $795.60, 274-458-200-220 in the amount of $468.00, 279-458-200-220 in the Amount of $2,752.40, 281-458-200-220 in the Amount of $5,358.00, and 287-458-200-220 in the Amount of $3,714.60. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT ON AND CONSIDER THE
CITY OF LOS BANOS GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2023 AND TO CONSIDER AN EXEMPTION FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES. CITY COUNCIL RESOLUTION NO. 6750 - ADOPTING THE 2023 ANNUAL REPORT ON
THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. No one came forward to speak and the public forum was closed.
Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6750 - Adopting the 2023 Annual Report on the Status of the Housing Element of the General Plan and Progress in Its Implementation. The motion carried by the affirmative action of all Council Members present.
COLORADO BALLPARK RENOVATION PRESENTATION. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation.
Mayor Llanez inquired as to what's between the shade structure, picnic area, storage building for which Parks & Recreation Director Heim stated that it is an additional skate park. Council Member Jones inquired as to if we have internal funds to completely fund this design for which Parks & Recreation Director Heim stated that we could fund half of the project and would need to seek additional funding or general funds, it's in a good census district to get funding for. Council member Jones stated that this park has been bad, wonders why this wasn't done 20 years ago and put off from one year to the next, appreciates the City Manager going out and seeing that our parks need to be addressed, happy to see that this City Manager created a Parks & Recreation Director position to do things like this. Council Member Lewis stated that $13-17 million is a bit high and there could be grants out there to help fund projects like this, there is $150,000 allocated to start the site survey, what other funds are there, LLDs for which Parks & Recreation Director Heim stated that the primary funding source would be the Park Fund with about $4 million and Council would have to direct staff to use these funds and Measure H funds as Colorado Ball Park is not in a LLD. Financial Consultant Kuhn explained the funding available and the feasible aveneus to cover this debt to get this done and collecting in revenues and changing priorities, he spoke to how Measure His discretionary but we can bring to Council in the future and address the funding need, and that grants are competitive and also matching. Council Member Lewis inquired as to the build out date and Parks & Recreation Director Heim stated that it depends on the discussion tonight, take 8-9 months design and 8-9 months build out, 2 years total. Council Member Lewis wants to make sure we are not going to be financially strapped, likes the design and that we are in good financial standing to do this. Council Member Begonia stated that Colorado Ball Park is my favorite baseball field, he played there, umpired there, worked the snack bar, kept score, even though it is his favorite it is quite possible the worse ever, sports isn't the most important thing but in this community it is what kids have to do, we have basketball courts, we have awesome football stadiums, what we have now won't bring a kid out to the field, hope we can make it happen as it is long over due, skate park is very small and needs to be upgraded too, tennis courts too, going to take a lot of money, our community deserve it, hope we can agree and make it happen. Council Member Lambert stated that we have a lot of the skaters here that shows the support, we have a lot of baseball fields around town, do we need to approve now for which Parks & Recreation Director Heim stated that he does not need approval tonight but direction is needed. Council Member Lambert added that they start at 4/5 years old and this means the world to them, he feels that we will find a way if we don't get what we need, make some few minor adjustments, would like to see some solar panels, this is the oldest park in Los Banos and is all for to see how far we can go and get this thing started and we have to start somewhere. Council Members Jones made note that we are just approving you to proceed, excited to see this brought forward and good luck on getting it done.
Council Member Lewis stated that she would like to see us move forward with the conceptual plan and have staff pursue grants, would like to see an occasional report back to the City Council to see how it is progressing and moving along with the project. Mayor Llanez stated that this is long overdue, it really got to him the how bad the park is when the fellow throwing out the first pitch was in a wheel chair could not get around very easy, if we do not get grants is this a feasible project for which Financial Consultant Kuhn stated yes. Mayor Llanez added that we have other youth groups that use this field, wildcat football; Joe - are you willing to take on a project of this size and will benefit many in the community. Parks & Recreation Director Heim acknowledged the skateboarders who have been there throughout it all, feels that Los Banos is a community full of families that care, wants the skateboarders to come to Los Banos and wants to have baseball tournaments, too. Mayor Llanez stated that he wholeheartedly supports this, grant or not, commit and go for it.
APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSION: TREE COMMISSION - TWO 2) VACANCIES, TWO (2) UNEXPIRED YEAR TERMS = EXPIRING DECEMBER 31, 2025. Motion by Llanez, seconded by Jones to appoint Abel Molina to the Tree Commission for unexpired terms expiring December 31, 2025. The motion carried by the affirmative action of all Council Members present.
Motion by Jones, seconded by Lambert to appoint Luis Castro the Tree Commission for unexpired terms expiring December 31, 2025. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (No Report).
CITY MANAGER REPORT. City Manager Pinheiro gave a big thank you to Council for giving the go ahead for the Colorado Ball Park improvements, spoke to the skateboarders and to how he actually went out there and surveyed the area and is really excited to get this going not just for baseball and skateboarders but the tennis courts, excited to get this done for the community, how they are here to work hard for the city, doing our best to be good stewards for the city, they have made the Parks & Recreation Department its own department and he is really grateful for that which has allowed Joe Heim to focus on the parks and things for the kids, how they are working hard to do the best thing we can to do whatever we can, spoke to the state of Colorado Ball Park and how it frustrates him, mentioning the 7h Street ball park and how they got it all redone, plan to redo Ag Sports complex, pickle ball courts, super excited to fix things that cannot be done overnight, real proud of Joe Heim and his team for all the trees they have cut, the fixed parks, road rehabs, curb rehabs, basketball courts on 7* Street, really excited and proud of the efforts we have taken and allowed us to do, mentioned improvements at the animal shelter, and how they got it done in a one years' time period and we have a lot more to do, they are working hard every single day, thank you for your hard work and Council for your support.
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 Jones reported that March 17, 2024 the LBDPBID had their 1st annual St. Patrick's Day Beer Crawl and we had a great turn out.
CITY COUNCIL MEMBER REPORTS
BRETT JONES: No report
DEBORAH LEWIS: Reported that the SJVAPCD has their meeting tomorrow night, how the funds available for the laser light shows went quickly and spoke to issues and concerns with pyrotechnics in California, how she has seen laser light shows online and they are absolutely beautiful and interesting; how it's getting close to the City's budget time asked if we are having budget workshops for which City Manager Pinheiro responded that they will be bringing the budget to Council and the community will be able to be a part of that; she added that she is hoping for a public workshop so the public can participate; Mayor asked when and how many have been had in the past for which Council Member Lewis explained.
KENNETH LAMBERT: Thanked Mr. Heim for his presentation of Colorado Ball Park; he spoke to comments made during public forum and how all three of his parks in his district have been renovated, basketball courts, landscaping and lighting in the last year and a couple of areas that were behind target, he added that he thinks the meeting went great today thanked everyone for coming.
DOUGLAS BEGONIA, JR.: No report
PAUL LLANEZ: Spoke regarding how he gets asked specific questions after the meeting and comment on things; he spoke to all the accomplishments of recent - Community Center recently painted, groundwater substation, airport lights, officer wellness grant, sidewalks on 7th Street/Noah Jones Ball Park, Colorado Ball Park; addressing public comments during public forum and how he can't respond and have a dialogue, he appreciates everybody's comments and dialogue, spoke to how Mr. Rubio has come in several times to discuss the Small Business Program and he shared his views, Mayor Llanez did some research and he learned that Mr. Rubio is not the owner of the business that he is inquiring about, he searched business licenses, open records, IRS, California Secretary of State's office, and it is all very confusing for him, he was told by staff that the Small Business Grant was done on a case by case basis, how during the pandemic he feels that the gym and gym owners were done dirty, small businesses were hit hard, he wishes he could have a conversation with Mr. Rubio, how he has reached out to Mr. Rubio by email but no response; he then wanted to apologize to Council Member Lewis and thanked her for the meeting tonight there was good, open dialogue back and forth and stressed that tonight is how he wants meetings to run, making note of how she has a wealth of knowledge and he appreciates what she does.
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, FINANCE CONSULTANT KUHN, LEGAL COUNSEL TUFFO; EMPLOYEE
ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS
BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS FIRE
FIGHTERS ASSOCIATION BANOS
DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. No reportable action.
I MANAGER PUBAN NO ONE MEN CODE SEAN 8357, LED
reportable action.
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 10:40 p.m.
APPROVED:
/s/ Paul Llanez
Paul Llanez, Mayor
ATTEST:
/s/ Lucille L. Mallonee
Lucille L. Mallonee, City Clerk