City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES MARCH 19, 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. CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B): (ONE OR MORE POTENTIAL CASE). Mayor Amabile reported that a closed session regarding anticipated litigation was held at 5:00 PM prior to the Regular City Council Meeting and reported that direction was given to staff. 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: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Acting Police Chief Melden, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Fire Chief Tualla, Public Works Director/City Engineer Bergson CONSIDERATION OF APPROVAL OF AGENDA: Council Member Lewis stated that she would like to remove and continue Item 11 – Consideration of Selection of an Executive Search Firm to Assist the City Council in the Recruitment of a New City Manager to the April 16, 2025 City Council Meeting. Motion by Lewis, seconded by Chavez to approve the agenda as amended, continuing Item 11 – Consideration of Selection of an Executive Search Firm to Assist the City Council in the Recruitment of a New City Manager to April 16, 2025. The motion carried by the affirmative action of all Council Members present. PRESENTATION – PROCLAMATION RECOGNIZING RED CROSS MONTH. Mayor Amabile presented the proclamation to Ms. Gameelah Mohamed, Community Disaster Program Manager with Red Cross who was in attendance to accept. Ms. Mohamed spoke to the services the Red Cross offers. 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, Los Banos Elks Lodge, thanked the council for accepting a grant they obtained. She mentioned other grants, including one to help Kings View get a new kitchen, and highlighted their efforts like distributing dictionaries and school supplies, supporting veterans, providing CPR dummies to the fire department, and offering aid during COVID. She encouraged people to reach out to the Elks Lodge for help where needed; ELUSA VIOS, Golden Valley Health Center, invited the public to a town hall to discuss services and hear from patients. They are celebrating 50 years of care in Los Banos next year and invited the council to attend; CAMMI AVELLAR, expressed gratitude for the progress on the Shaunessy Park project and urged reconsideration of a roundabout at 152 and Volta, citing traffic concerns; KELSEY DAGUERRE, Accounting Clerk in the Finance Department and serves as a representative of the Public Works Union, expressed thanks for progress in contract negotiations and urged continued collaboration; VIRIDIANA RENTERIA, Los Banos representative for Peninsula Clean Energy, invited everyone to the ribbon-cutting for the Community Center's solar panels and provided information on water bill due dates and a table at City Hall for assistance; GERRY GIESEL spoke about the importance of the Friends of the Los Banos Library, the possibility of privatization, and concerns about library closures. He also thanked the council for broadcasting meetings and encouraged support for the library; UNNAMED PERSON, expressed concerns about BASS projects popping up in the state, particularly with the environmental and community impacts, urging the council to ensure first responders are prepared for such incidents and to reconsider roundabouts affecting residents, particularly the ones at Pacheco and 152; Mayor Amabile suggested having the fire chief give an update at the next meeting on how prepared they are for fire incidents like the one at Moss Landing. It was noted that no comments were received by the City Clerk. 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 item 8D – City Council Resolution No. 6899 – Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project and Item 8E – City Council Resolution No. 6900 – Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024- 2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711 for discussion and presentation. Item 8D – City Council Resolution No. 6899 – Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project. Council Member Lewis raised concerns about a $300,000 excess in funds, asking whether the money would be rolled over into the next fiscal year and if there was a reason for pushing it forward. Public Works Director/City Engineer Bergson explained that the money would be extended into Fiscal Year 2026 because only one bid was received, and they wanted to combine the work into a larger contract for cost savings. Council Member Lewis questioned why a bid under the $300,000 amount was not selected. Public Works Director/City Engineer Bergson responded that the bid was not considered competitive, and with only one bid, they preferred to wait until summer to combine the work. Council Member Lewis disagreed, feeling it was unfair to reject the bid if it met the criteria and that staff just wants to obtain additional bids. Public Works Director/City Engineer Bergson assured that combining the work would get more work for the dollar and that he believed it would save costs. Council Member Lewis asked when the new bid would go out, and Public Works Director/City Engineer Bergson stated it would be in June, with the award in July and construction starting in the summer. Council Member Lewis emphasized that the work should ideally be completed in the year it was budgeted for, especially if the bid amount was under budget. Mayor Amabile asked when the bid went out, and Public Works Director/City Engineer Bergson said it was in January. Interim City Manager Brizzee clarified that in June, they will be bidding out over $2 million worth of work, which would allow them to maximize the project costs. Council Member Lewis expressed frustration, suggesting they should not have gone out for a bid if this was the result. Mayor Amabile noted that having only one bid was concerning and could lead to change orders down the line. Item 8E – City Council Resolution No. 6900 – Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024-2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711. Public Works Director/City Engineer Bergson deferred to Facilities Manager River, then Interim City Manager Brizzee presented the staff report and explained the upcoming HVAC upgrades in various city facilities. Council Member Lewis raised concerns about the $422,711 grant and the $270,000 City contribution, mentioning that the City was transitioning from gas pumps to electric for power. She emphasized the need to ensure that key facilities like Public Works on Madison Ave, the Community Center, Pacheco Park, and Miller & Lux have backup power in case of an outage. She wants to ensure that citizens have the option of gas or electric and not being stuck with one or the other. Mayor Amabile asked if the Community Center had a generator, to which Director Heim responded no. Council Member Chavez stressed the importance of maximizing tax dollars and doing thorough due diligence before putting out Request for Proposals. He pointed out that businesses invest time and resources to submit bids, so it’s crucial to ensure the process is thoughtful and efficient. Motion by Chavez, seconded by Sanders to approve the consent agenda as follows: Check Register for #250352 – #250582 in the Amount of $1,173,047.86; City Council Meeting Minutes: City Council Adjourned Meeting Minutes of January 8, 2025, City Council Meeting Minutes of January 15, 2025, City Council Special Meeting Minutes of February 3, 2025, City Council Meeting Minutes of February 5, 2025, City Council Adjourned Meeting Minutes of February 10, 2025, City Council Meeting Minutes of February 19, 2025, City Council Meeting Minutes of March 5, 2025; City Council Resolution No. 6898 – Amending Division 4, Salary Schedule – Employee Classifications Relating to Changes to Sec. 4003, Section E – Parks & Recreation and Section F – Fire & Building; City Council Resolution No. 6899 – Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project; City Council Resolution No. 6900 – Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024-2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711; City Council Resolution No. 6901 – Amending Resolution No. 6880, Calling and Giving Notice of the Holding of a Special Election to be Held by Mail on Tuesday, August 26, 2025 to Fill a Vacancy Created by the Resignation of Council Member Lambert, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities to Include Provisions Specifying How to Break a Tie, Authorizing the Elections Department to Conduct the Canvas, and Confirming that the City Will Reimburse the County for the Costs of Conducting the Election; City Council Resolution No. 6902 – Approving Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11B and Accompanying Subdivision Agreement (Stonefield Home, Inc.); City Council Resolution No. 6903 – Approving Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11C and Accompanying Subdivision Agreement (Stonefield Home, Inc.). The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024 AND TO CONSIDER AN EXEMPTION FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE LAW; CITY COUNCIL RESOLUTION NO. 6904 – ADOPTING THE 2024 ANNUAL REPORT ON THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS REPORT IN ITS IMPLEMENTATION. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Mayor Amabile opened the public hearing. KATHY BALLARD asked about the availability of lower-priced condos and townhouses and whether they were included in the plan. UNNAMED PERSON inquired about the consequences of not meeting the housing goals, questioning who the city was working with and why individual goals were set. The public hearing was then closed with no further comments. Community & Economic Development Director Elms responded, explaining that condos and townhomes could fall under medium density, and potentially be classified as low- income if they have Section 8 vouchers. She also suggested that moderate-density homes might be a better fit for these types of housing. Regarding the consequences of not meeting goals, she stated that the City could lose eligibility for state grants and funding, face penalties in the future, and jeopardize current grants. She emphasized that staying in compliance is important for maintaining funding and support, and the city's multi-jurisdictional housing element benefits from this combined approach, similar to other cities and counties. Council Member Lewis referred to page 182 of the report, pointing out the distinction between deed-restricted and non-restricted housing in the RHNA income level. Community & Economic Development Director Elms clarified the difference, and the Mayor added that if the project is sold, the deeds would follow the property. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6904 – Adopting the 2024 Annual Report on the Status of the Housing Element of the General Plan and Progress Report in Its Implementation. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6905 – ACCEPTING GRANT DEED OF 2.33+ ACRES LOCATED AT SHAUNESSY VILLAGE PHASE 1 FOR A FUTURE PARK AND STORM BASIN FOR PUBLIC USE AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS FOR THIS DEDICATION ACCEPTANCE. Public Works Director/City Engineer Bergson presented the staff report. Parks & Recreation Director Heim spoke in more detail, which included a PowerPoint presentation. Mayor Amabile asked if the project needed to be rebid due to pricing. Parks and Recreation Director Heim explained that the current contract would include a schedule extension and a 2.7% CPI adjustment, along with some additional costs due to delays. Rebidding would delay the project further and likely increase costs by 25–30%. Council Member Chavez thanked everyone involved, including Stonefield Homes, emphasizing the importance of getting the project completed, noting that residents have waited a long time. Council Member Lewis thanked Interim City Manager Brizzee, city staff, and the developer for their cooperation and highlighted how residents will be pleased to see the project move forward. She also acknowledged Mr. Hostetler for his role in advancing the project. The Mayor stressed the project's importance, acknowledging that it hadn't been fair to the residents due to delays. He thanked Stonefield Homes and Greg Hostetler for their efforts and noted it's now time to focus on the next project: DeAnza Way. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6905 – Accepting Grant Deed of 2.33+ Acres Located at Shaunessy Village Phase 1 for a Future Park and Storm Basin for Public Use and Authorizing the Interim City Manager to Execute All Required Documents for this Dedication Acceptance. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER. Removed from the agenda at the beginning of the meeting and continued to the April 16, 2025 meeting. CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6906 – IN SUPPORT OF SENATE BILL (SB) 466 THE CHROMIUM-6 MCL COMPLIANCE SAFEGUARD ACT. City Attorney Vaughn presented the staff report. Council Member Lewis asked if the City would still need to pay the full amount if the project is completed before October, given that the request covers a specific dollar amount through the legislative year. City Attorney Vaughn responded that the City has a policy advisor helping guide the process at a cost of around $4,000 per month, and confirmed that the engagement agreement can be adjusted if the project wraps up early. Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6906 – In Support of Senate Bill (SB) 466 the Chromium-6 MCL Compliance Safeguard Act. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (No Report). CITY MANAGER REPORT. Interim City Manager Brizzee thanked everyone involved in the Shaunessy Park project, calling it a great team effort between Stonefield Homes and the City. He acknowledged that DeAnza Way remains a priority for the council, but noted it involves Caltrans which adds complexity. Seven Los Banos Police Department Police Officer Trainees will be graduating from the Fresno Police Academy next Friday, calling it a proud and memorable moment. An update was provided on the One Tree Housing Project. There will be 58 permanent housing units for the unhoused. 50% of funds must be spent by July 2025 and 50% must be obligated by then. The project will be heard by the Planning Commission within 30 days and groundbreaking is expected in the next 90 days. The developer anticipates that leases will begin in 18-24 months. Staff is actively working to improve the situation at the G Street encampment. CITY COUNCIL MEMBER REPORTS: DEBORAH LEWIS – DISTRICT 4: Mentioned that the Air Board has $20 million allocated for hybrid or electric vehicle funding, noting that this is the last round of funding available. She encouraged everyone to say informed and apply for vehicle replacement funds. She spoke positively about participating in the Red Cross Smoke Detector Replacement events with the fire department, calling it a fun and meaningful community service. She plans to follow up with Caltrans District 10 to see if the roundabout project is final, and expressed a preference for a traffic light instead, citing community safety concerns. Her presence will be made at the Fresno Police Academy graduation on March 28 for the seven Police Officer Trainees. She was sad to say that she would not be able to attend the March 28 ribbon cutting for the Community Center solar panels. DISTRICT 1: Vacant EVAN SANDERS – DISTRICT 2: Thanked city staff for their work in preparing for the meeting and congratulated the new police officers joining the force. He gave a special shoutout to Parks & Recreation Director Heim, calling him the hardest working person in the community, and thanked him for his efforts, especially around Arbor Day. He also expressed appreciation for the Interim City Manager for helping move projects forward and shared excitement about Shaunessy Park progressing. MARCUS CHAVEZ – DISTRICT 3: Stated that he plans to attend the MCAG meeting regarding Highway 152 in Volta, expressing opposition to the proposed roundabout and hoping it’s not finalized. He congratulated the police academy graduates and extended congratulations to Police Chief Reyna for graduating from the FBI Academy. He thanked city staff for their efforts addressing the homeless encampment cleanup, acknowledging community complaints about road conditions. Appreciation was also given to Parks & Recreation Director Heim for his work, especially around Arbor Day, and for efforts leading up to the upcoming ribbon cutting. He concluded by thanking everyone involved in moving projects forward, including Shaunessy Park. MICHAEL S. AMABILE – MAYOR: Shared that during the MCAG meeting, they were told the roundabout on Hwy 152 is not finalized, and they’re working to have Caltrans attend a future City Council meeting to provide updates. He noted there are MCAG and LAFCO meetings happening tomorrow and asked Stacy to explain the Municipal Service Review process. He encouraged residents to apply for open commission seats, stressing the importance of community involvement and input. He also mentioned a sign being installed at 6th Street and Hwy 152, referencing an old downtown improvement plan that included an archway and other upgrades back when the city had a Redevelopment Agency and wondered why those improvements were dropped but thanked the council for funding the new downtown sign, expressing hope that it will enhance the city’s image. CLOSED SESSION – CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: INTERIM CITY MANAGER BRIZZEE, CITY ATTORNEY VAUGHN, HUMAN RESOURCES DIRECTOR MALLONEE, LEGAL COUNSEL TUFFO, FINANCIAL CONSULTANT KUHN; EMPLOYEE ORGANIZATIONS: LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME. Mayor Amabile reported that direction was given to staff. CLOSED SESSION – PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE: CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957. Mayor Amabile reported that direction was given to staff. ADJOURNMENT. The meeting was adjourned at 9:49 p.m. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk