Lewis questions staff on purchase of 7 new vehicles
“..it’s difficult for me to get any answers because the city manager has directed staff not to talk with me or any other council members,” Councilwoman Lewis
Also approves perimeter fence for Community Center, Groundwater Sustainability Plan
During their meeting on Wednesday, Sept. 18, 2024, with Mayor Paul Llanez absent, the Los Banos City Council awarded bids for the construction of Sunrise Ranch Park and a perimeter fence for the Community Center, and approved shade structures over park playgrounds throughout the city. The council also approved the purchase of six new city vehicles, following a detailed discussion between staff and District 4 Councilwoman Deborah Lewis.
The council adopted the Groundwater Sustainability Plan and as previously reported, the council also unanimously approved a new “splash pad” water playground as part of the Colorado Ballpark renovations.
August Employee of the Month
At the beginning of the meeting Natasha Mora Miranda, Admin Clerk II in the Police Department, was honored as the City of Los Banos Employee of the Month and presented with a certificate by Mayor Pro Tem Kenneth Lambert, who served as Acting Mayor for the meeting. It reads as follows:In recognition of your outstanding performance and dedicated service to the City of Los Banos and for being named “Employee of the Month for August 2024.”
Approves Shade Structures Over Park Playgrounds
During the Consent Calendar, the council unanimously approved spending $173,997.00 for new shade structures over playground locations and budgeted approximately 15% as a contingency for a total budget of $200,000.
According to the city staff report for the item, number 7D, “The major work consists of, but is not limited to, the procurement and installation of a:
- 25′ x 30′ x 14′ rectangular shade structure at Citrus I Terrace Park located at 226 Citrus Avenue
- 20′ x 26′ x 12′ rectangular shade structure at Big Page Park located at 1055 W. I Street
- 30′ x 35′ x 14′ rectangular shade structure at Ranchwood Park located at 515 Stonewood Drive
- 30′ x 36′ x 14′ rectangular shade structure at Meadowlands I Park located at 2500 Wood Duck Drive; and
- 25′ x 25′ x 14′ triangular shade structure at Davis Park located at 254 Santa Ana Street
In May 2023, First 5 of Merced County awarded the City of Los Banos $445,000.00 for the installation of shade sail structures at the five park locations. The grant is fully reimbursable, with no matching amount required by the City.
The bid was awarded to Zoom Recreation of Irvine, CA, whose bid was just slightly less than Los Banos-based Ronnys Inc. who came in at $176,750. But the local company was awarded two other bids by the council during their meeting Wednesday night.
Awards Bid for Sunrise Ranch Park Construction
The council also awarded the bid to Ronnys, Inc. in the amount of $999,856.50 for the construction of Sunrise Ranch Park. Staff requested a 15% contingency of $150,000.00 for a total project budget of $1,149,856.50. The park will be located inside the Sunrise Ranch subdivision located near Los Banos Jr. High, between Place Road, East B Street and San Luis Street. The park is located within the boundary of Martin Street, Manuel Court, and Evelyn Court and is approximately one acre in size and includes fencing between neighboring homes on the south side of the park.
The park will include four picnic tables, a shade structure, two concrete corn hole sets, a half-court basketball court, a playground space including a free-standing climbing option and a large embankment slide. The playground will be fenced and include an exercise station. Forty-five trees will be planted on-site, and concrete pathways will provide access throughout the park.
Approves Perimeter Fence for Community Center
Also, during the Consent Calendar, the council awarded the bid to Ronnys, Inc. for the construction of the Community Center Perimeter Fence in the amount of $144,741 with a 15% contingency of $21,700.00 for a total project budget of $166,441.00. According to the city staff report the Community Center was built in 2009 and is one of the premier City-owned buildings and is located at 645 7th Street.
A perimeter fence will increase security on-site and help to protect the facility from vandalism. The fence is also anticipated to create activity on the under-utilized south side of the building. The project includes a 6′ flat top tan iron fence to be installed along the perimeter of the project.
The perimeter fence project will install a six-foot fence around the perimeter of the east, south and west sides of the facility. The fence would be located along the inside path of the Rail Trail on the south side and connect to the building on the west and east ends. The overflow parking lot would be enclosed with a gate connecting to the adjacent property. Gate access would also be located along connecting sidewalks.
Lewis Questions Reimbursement Grants, Delivery Dates for New City Vehicle Purchases Precluding Local Dealership from Winning More Bids
Before voting on the Consent Calendar Lewis pulled items 7G, H, I, J, K and L for a separate discussion on the purchase of seven new city vehicles for a total of almost $460,000. What would normally be a perfunctory part of the city council meeting agenda, as other and even more costly matters were approved without public comment or council discussion, the purchase of the seven vehicles became a bone of contention between the councilwoman and city staff. She voiced her concerns about a grant program mentioned in the staff report that didn’t apply to the purchases, and the timing requirement for delivery of the vehicles causing a local auto dealership to lose out on some of the sales.
According to the city staff report on the agenda items, two of the vehicles will be purchased from Santos Ford in Los Banos, including $66,896.26 for a 2024 Model 3/4-Ton Medium Duty Utility Truck with Lumber Rack (agenda item 7G) paid from and for use by the Streets division. It will help support the City’s growing maintenance staff and assist in the routine Public Works maintenance including sidewalk repair and replacement. The other vehicle to be purchased from Santos for $65,808.76 is a 2024 Model 3/4-Ton Medium Duty Utility Truck (item 7H) with the costs shared from and for use by the Water and Wastewater Collections division and will replace a 2014 Utility Truck with 142,758 miles.
Local businesses are entitled to a 5% bid preference which allowed Santos Ford to qualify for both of the vehicles purchased from the local dealership as they were underbid on both by McCauley Ford in Patterson.
The other five will be purchased from Greenwood Chevrolet in Hollister. They include $49,553.62 for a 2024 Model 1/2-Ton Truck with Lift Gate (item 7I) which, according to the staff report, will be utilized by the Solid Waste division of Public Works. This truck will replace a 2008 Utility Truck with 63,670 miles but kept as part of the City Fleet. It will be used as a pool truck when staff vehicles are in the shop getting maintenance and repairs done. The second vehicle for $42,214.73 is a 2024 Model SUV (item 7J) which will be utilized by the Administration of Public Works to check on projects, inspect job sites, attend meetings and conferences and city events. The third vehicle to be purchased from Greenwood is a 2023 Medium Duty Flatbed Truck (item 7K) for $80,247.08 that will be utilized by the Water division
to exercise hydrant and water valves throughout the City. The hydrant valve turning system can also assist in detecting broken valves or valves that are on the verge of breaking.
The fourth and fifth vehicles to be purchased are two new 2024 3/4-Ton Medium Duty 4×4 Utility Trucks with Lift Gates (item 7L) for $154,848.82 and will be utilized by the Wastewater providing the ability to be used for off-road driving, which will allow access to areas of the Wastewater Treatment Plant that was only previously accessed with a tractor or backhoe.
“I’m going to take all of these together because they’re similar in questions,” the councilwoman said. “Five of the six vehicles claim under your Capital Outlay Plan that there is a $20,000 grant reimbursement from the San Joaquin Valley Pollution Control District. When was the grant application submitted?
Lewis was referring to the line items for actually, four of the vehicles to be purchased, such as the 2024 ¾-ton truck, under agenda item 7G, which reads, “750-VEHICLES: Purchase of a ¾ Ton Utility Pickup Truck ($85,000), Toyota Prius (cost shared between Streets $18,500 and Solid Waste $18,500) with a grant reimbursement of $20,000 from SJVAPCD” with the words “750-VEHICLES: Purchase of a ¾ Ton Utility Pickup Truck” highlighted in yellow. That line item was on a page in the agenda packet showing a list of Capital Outlay categories for the Streets division of the Public Works Department including the purchase of the vehicles.
“The grants are on a reimbursement basis. We have to qualify for the grants,” a staff member replied.
“When did we apply for the grant? Have you applied for the grant?” Lewis asked.
“I believe we have…prior to my arrival, here,” was the response.
“I checked, today…and there was nothing showed that we had applied for the grant for these vehicles,” Lewis said.
“I will have to research that and get back to you,” the staff member stated.
“I would hope that you would have answers to these questions. But I will move forward,” Lewis responded.
“Is there a deadline to apply for the grant?” she then asked. Delivery date shall be 14 calendar days or less from the date of bid or award. Is that standard procedure in our city for delivery?
“Yes. We’ve asked for delivery time of two weeks,” the staffer responded.
“In the past we’ve had delivery dates longer than two weeks,” another city staff member stated.
“Are these vehicles replacing older vehicles?” Lewis asked.
“Some of them will replace vehicles we will be decommissioning,” he shared.
“Do you know how many vehicles we are adding to the fleet?” Lewis asked. “I just don’t understand. I’ve never experienced the urgency for a vehicle delivery date of 14 days. Maybe 30 days or a month-and-a-half doesn’t seem to be unreasonable, unless you have a vehicle falling apart. If we’re not…it seems to be draconian and it’s cancelled out not only Santos but other dealerships.”
Another staff member explained, “The SJVPA grants are for the Priuses, not for these trucks. I think there was a mix-up on that. I believe that at least four of these vehicles are going to be kept in house. I’m pretty sure the other vehicles are going to be decommissioned. We’ve had to pair up staff. Since I’ve been here, lacking vehicles, we’ve been having those challenges.”
“Again…but with each of the trucks that are being purchased there are references being made…in parentheses…it makes reference to two of those trucks being purchased with the same scenario,” Lewis stated. “This is about transparency. So, when I read this, I’m assuming there’s going to be a $20,000 reimbursement.”
“The 750 account, the account for all vehicles we’re purchasing, the Priuses, the trucks are all being purchased out of that account. The highlighting,” a third staff member explained to the councilwoman. “We are not purchasing the Priuses. That will come to the council for approval.”
“When I read this, I was under the assumption there was a $20,000 grant for all of these vehicles,” Lewis stated. “I think it would be better in reporting going forward, if there’s a grant involved. If there’s not don’t include it.”
“These vehicles are much needed for the city. We have many members,” a staff member argued in favor of the purchase approvals. “We have not invested in our vehicles. Some of them are 2004 vehicles. Sometimes we pray that they work each day. We have added staff.”
“If we are replacing, if we are decommissioning it should be in the report…so we can be transparent to the council and to our public,” Lewis demanded. “These are all combustion vehicles. They are not hybrid or electric. I hope we’re buying vehicles that they won’t say we can no longer use. Like is happening with our farming community. It would be wise to make sure our city is in compliance, so we don’t get caught having to decommission vehicles earlier than is needed.”
“We need vehicles to get some work done,” Pinheiro added later during his City Manager’s Report.
Jones Politely Chastises Lewis for Asking Questions of Staff During Meeting
District 2 Councilman Brett Jones then directed his comments to Lewis about attending the annual League of Cities conference and taking a course on how council members should get questions answered by city staff prior to meetings.
“Ask them to staff in advance, specifically directing them to the city manager…so, we don’t try to stump the staff up here,” he said. “If you are going down (to the next League conference) in October, please take a refresher in that class so we can get that transparency out there.”
Lewis Claims City Manager Won’t Allow Her or Other Councilmembers to Speak With City Staff
Lewis responded by saying she can’t get answers from city staff because the city manager is preventing it.
“For the public, I think you all know and I’m going to say it, once again, it’s difficult for me to get any answers because the city manager has directed staff not to talk with me or any other council members,” she stated. “Since I’m in that position, I have no alternative but to ask the questions up here. It’s also for the public’s benefit. As one of your representatives I’m going to try and make sure I’m going to get the information out to you, how the money is being spent as best as I can. That’s my charge while I sit up here.”
The council then approved the entire Consent Calendar items on a 4-0 vote.
Questions for Pinheiro, Lewis on Council-Staff Communications Go Unanswered
Questions were sent Thursday night to Pinheiro asking him about Lewis’ comments. He was asked, “Is what she said correct? Have you directed other city staff members to not speak with her or other council members? If so, why? Wouldn’t it make things easier for councilmembers to obtain answers for themselves and their constituents and less time consuming for you? Was it done in writing, in a staff meeting or by phone call? If not, since it’s my understanding the councilwoman has made that public statement previously, why would she say that? Does Councilwoman Lewis contact you for answers to her questions and/or do you meet with her or any council member, other than the mayor to approve the agenda, prior to council meetings? Is that your city’s practice for you and the mayor to decide the agenda together?”
In addition, questions were sent to Lewis early Friday morning asking the following about her comments: Do you know or recall when Mr. Pinheiro gave that direction to city staff? Was it to all staff or department heads? Did he offer any explanation to you why he did? Does he want you to contact him with questions you might have about a city matter or an agenda item prior to council meetings? Do you meet or confer with him before each meeting? How do you communicate with him, by phone, text or email?”
There were no emails from Lewis to Pinheiro or any other staff member provided in response to the Enterprise’s Public Records Act request, made earlier this year.
Neither responded prior to publication time.
Approve Groundwater Sustainability Plan
The City Council, acting as the City of Los Banos Groundwater Sustainability Agency (GSA) received the staff report, held a Public Hearing and adopted a resolution approving the Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group in the Delta-Mendota Subbasin (5-022.07) dated July 2024.
According to the staff report on the item, number 8A, in 2014, the California Legislature passed and the Governor signed legislation creating the Sustainable Groundwater Management Act (SGMA) “to provide local groundwater sustainability agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater.” The SGMA requires sustainable management through the development of groundwater sustainability plans (GSP), which can be a single plan developed by one or more groundwater sustainability agencies (GSAs) or multiple coordinated plans within a basin or subbasin. The SGMA requires a GSP to be developed and implemented to manage groundwater in all basins designated by the Department of Water Resources as medium or high priority, including the Delta-Mendota Subbasin.
As an exclusive GSA for a portion of the Delta-Mendota Subbasin, the City Los Banos GSA has the authority to draft, adopt, amend and implement a GSP, which it did along with the other GSA’s in the subbasin and in 2018 adopted a Coordination Agreement.
On December 11, 2023, the GSAs in the Delta-Mendota Subbasin signed and executed a Memorandum of Agreement (MOA), superseding the 2018 Coordination Agreement. Through the MOA, the Parties agreed to mutually cooperate to adopt a single GSP (the 2024 GSP) for the Subbasin, and to implement the GSP within their respective GSA territories.
On March 20, 2024, the Los Banos City Council adopted a resolution amending the City’s existing MOU’s with the 23 neighboring Groundwater Management Agencies and joined a new MOU to create a single Groundwater Sustainability Plan.
The 2024 GSP was jointly prepared by all 23 GSAs and the following seven GSA Groups, which are comprised of all 23 GSAs: the Aliso Water District GSA Group; the Farmers Water District GSA Group; the Fresno County Management Areas A and B (FCMA) GSA Group; the Grassland GSA Group; the Northern Delta-Mendota GSA Group; the Central Delta-Mendota GSA Group; and the San Joaquin River Exchange Contractors (SJREC) GSA Group.
Wednesday night’s hearing was for the adoption by the City of Los Banos GSA of the new single Groundwater Sustainability Plan for the Delta-Mendota Subbasin and authorize submitting it to the State Water Resources Control Board.
No member of the public spoke on the agenda item and without questions from council members the motion passed 4-0.
October 16th Council Meeting Cancelled
The council voted unanimously to cancel their meeting scheduled for October 16 as at least three of the members will be attending the League of California Cities Annual Conference and Expo in Long Beach, Oct. 16-18.
The council meeting was adjourned at 7:57 p.m.
See council meeting video and complete agenda packet.
Please check back later for any updates to this report.
