City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES APRIL 16, 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: Police Chief Reyna 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: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Police Chief Reyna, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Fire Chief Tualla, Public Works Director/City Engineer Bergson, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Chavez to approve the agenda as submitted with the removal of Items 8 and 9 as stated above. The motion carried by the affirmative action of all Council Members present. PRESENTATIONS – PROCLAMATION RECOGNIZING POPPY DAY; 2025 SAN JOAQUIN VALLEY BLUEPRINT AWARD FOR 7TH AND J STREET PARKING LOT REHABILITATION PROJECT. Mayor Amabile presented the proclamation to Sally Hughes and Barbara Cardenas who were present to accept who were representing American Legion Auxiliary Unit #166. Public Works Director/City Engineer Bergson spoke regarding the 2025 San Joaquin Valley Blueprint Award for 7th and J Street Parking Lot Rehabilitation Project and presented the Mayor with the plaque and certificate from Senator Caballero. 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. KELSEY DAGUERRE, Accounting Clerk and newly elected President of the Public Works/Miscellaneous Employees Union, expressed appreciation for the City’s partnership following the successful ratification of a four-year contract. She thanked City leadership and the negotiations team for their hard work and emphasized the renewed motivation among union members to serve the City effectively and efficiently. JENNIFER FOSTER, Executive Director of Kingsview, Spoke about the valuable services provided, acknowledging those in attendance and highlighting the Elks Lodge's recent grant to upgrade the kitchen. This donation is one of many generous contributions from the community. The organization has been proudly serving the local community for the past 37 years.; KATHY BALLARD spoke about the battery storage area and shared that she has received information regarding the project. She is working on organizing a community meeting and is requesting the City’s assistance in helping to coordinate and put the meeting together. MERCED COUNTY SUPERVISOR SILVEIRA, reminded everyone about the upcoming May Day Spring Fair and mentioned that discounted tickets are available for purchase before the event. While things aren’t moving as quickly as hoped, he has reached out to the battery facility to organize a community meeting to address questions. That process is still underway. UNNAMED PERSON, expressed concerns about the battery facility project, highlighting the environmental impact of sourcing materials for solar plants and how the community bears the risks while most power benefits go to the Bay Area. He referenced the recent fire at a battery facility in Monterey Bay as a cautionary example. He also spoke about the city’s homeless encampments, emphasizing the need for a clear plan to address the issue. The city was hoping for a presentation from Ms. McCammond detailing the current efforts. He encouraged everyone to visit the encampments to understand the situation firsthand, noting that the problem is spreading and requires both short- and long-term solutions. BLANCHE JORGE, She lives in the downtown area and reminded everyone that summer and the 4th of July are approaching quickly. She asked that the community be reminded about the fireworks rules, especially since the holiday often leads to dogs getting lost, which significantly impacts the animal shelter. City Clerk Mallonee stated that no comments were received to be read into the record. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Chavez, seconded by Sanders to approve the consent agenda as follows: Check Register for #250818 – #250994 in the Amount of $1,690,916.59; Third Quarter Investment Report for Fiscal Year 2024/2025; City Council Meeting Minutes for March 19, 2025; City Council Meeting Minutes for April 2, 2025; City Council Resolution No. 6915 – Authorizing the City Manager to Execute a Contract to Approve of a 10-Year Purchase Agreement with Axon Enterprise Inc. for the Purchase of Sixty (60) Body Worn Cameras, Data Storage, Taser Devices and a Service Plan for Police Department Use in the Amount of $242,373.67 Each Year; City Council Resolution No. 6916 – Approving a Tentative Agreement (TA)/Memorandum of Understanding (MOU) By and Between the City of Los Banos and the Los Banos Public Employees’ Union (LBPEU) for the Time Period July 1, 2024 - June 30, 2028; City Council Resolution No. 6917 – Amending Division 4, Salary Schedule – Employee Classifications Relating to Changes to Section A – Administration, Section B – Finance, Section C – Community & Economic Development, Section D – Public Works, Section E – Parks & Recreation, Section F – Fire & Building, Section G – Police as it Pertains to the Approval of the TA/MOU with the LBPEU; City Council Resolution No. 6918 – Authorizing the City Manager to Execute a Professional Services Agreement with Provost & Pritchard Consulting Group for Pre-Design Engineering Services Regarding Hexavalent Chromium Mitigation Project and Adopting a Budget Amendment for the Fiscal Year 2024-2025 as it Pertains to Expenditures in the Amount of $353,000. The motion carried by the affirmative action of all Council Members present. CALTRANS PRESENTATION. Interim City Manager Brizzee presented the staff report and then introduced Anand Kapoor with CalTrans who spoke in more detail to what CalTrans has planned for the highways in Los Banos and also spoke regarding the roundabouts being proposed, the safety benefits, features, different types, what is being planned for Volta Road and Willmott Avenue, which included a PowerPoint presentation. Council Member Lewis stated that she would like to see the video of the Hollister roundabout. Mayor Amabile asked if you can expand roundabouts in the future after you’ve installed one, for which Mr. Kapoor stated you can but you will need more right of way and it will need a redesign and delay the project. Ms. Lewis stated that when she used the Hollister roundabout, she found the cars going really fast and had a hard time figuring out which lane to take, it was really dark so it was hard to see, how important signage and lighting is really important, concerns with the roundabout being planned near Willmott Avenue and concerns with pedestrians crossing and really questions if it should be a signal light for which Mr. Kapoor responded that roundabouts slow down traffic to make it safer for vehicles, pedestrians and bikes. Ms. Lewis asked about accidents and if there are statistics related to roundabouts, which they will check to see. Council Member Chavez stated that roundabouts give pedestrians a better chance of surviving if they are in an accident as the traffic is much slower. Ms. Lewis speaking to the repaving of Highway 152 and improvements on West I Street, inquired as to what that will be for which it was explained that there was a proposal to add a left turn lane and that has been removed because of challenges with the right of way and construction costs. Mr. Amabile speaking to the passage way on the north side of Highway 152 going to the college, can we work together to get a path to the north side to Merced College for which they responded that they will need to figure out the co-op, needs headquarters approval and needs final authorization. Ms. Lewis speaking to Highway 152 and the bike lanes, how the speed is faster than 35 mph and wondered how safe is it for bikes to be on the highway for which he responded that he understands that it is going to be a standard two lane with a bike lane with standard turn lanes. No action taken, informational item only. PRESENTATION REGARDING AUGUST 26, 2025 SPECIAL ELECTION FOR COUNCIL MEMBER VACANCY IN DISTRICT 1. City Clerk Mallonee presented the staff report which included a brief overview of the upcoming election and the services that Merced County Elections is offering. No action taken, informational item only. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE ANNUAL ADJUSTMENT TO THE LOS BANOS DEVELOPMENT IMPACT FEE SCHEDULE BASED ON THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX; CITY COUNCIL RESOLUTION NO. 6919 – APPROVING AN INCREASE IN DEVELOPMENT IMPACT FEES TO REFLECT INCREASES IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX FOR 2025. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Mayor Amabile opened the public hearing. BLANCHE JORGE, I was looking ahead and trying to understand how the city's growth, particularly in residential development, is impacting departments like the animal shelter. It would be helpful if we could begin tracking the costs the City is incurring as development expands, especially in relation to the shelter. If we could recover some of those costs, it would help us retain funds that we’re currently losing. Operating the animal shelter effectively requires significant investment, and it functions much like a business—it takes a lot of money to do it right. I’d like to explore whether there’s a way to incorporate impact fees from new developments to help support and fund the animal shelter moving forward. No one else came forward to speak and the public hearing was closed. Council Member Lewis speaking to Exhibit A and the various categories listed, under age restricted, what does that mean for which Ms. Souza Elms explained. Ms. Lewis inquired as to the different types listed for police and fire, the age restricted facilities and why are the rest of the categories not paying into the Parks & Recreation programs for which Ms. Souza Elms explained. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6919 – Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2025. The motion carried by the affirmative action of all Council Members present. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2025-01 AND A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301, EXISTING FACILITIES, TO ALLOW THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE FOR A BONAFIDE EATING PLACE FOR PLAYA SOL WAFFLE CAFÉ, LOCATED AT 1450 MERCEY SPRINGS ROAD, SUITE 102, APN 083-130-041; CITY COUNCIL RESOLUTION NO. 6920 – APPROVING CONDITIONAL USE PERMIT #2025-01 TO ALLOW FOR THE ON-SALE OF BEER AND WINE (TYPE 41 ABC LICENSE) AT PLAYA SOL WAFFLE CAFÉ LOCATED AT 1450 MERCEY SPRINGS ROAD, SUITE 102. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Mayor Amabile opened the public hearing. LUIS, owner of the restaurant, spoke to what they have planned with their restaurant, offering mimosas with their waffles, breakfast and lunch, date to be opened is yet to be determined. No one else came forward to speak and the public hearing was closed. Mayor Amabile stated that he’s done many of these and he’s never had to exempt CEQA and inquired as to why, for which Ms. Souza Elms explained why a CEQA exemption relevant here. Council Member Chavez noted that the security plan state that it will have 6 cameras is that something they have to do, for which Ms. Souza Elms explained it is a conditional of approval. Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6920 – Approving Conditional Use Permit #2025-01 to Allow for the On-Sale of Beer and Wine (Type 41 ABC License) at Playa Sol Waffle Café Located at 1450 Mercey Springs Road, Suite 102. The motion carried by the affirmative action of all Council Members present. PERMANENT LOCAL HOUSING ALLOCATION – BRIDGE HOUSE IN LOS BANOS; CITY COUNCIL RESOLUTION NO. 6921 – APPROVING AN AMENDMENT AND RESTATEMENT OF PROFESSIONAL SERVICES AGREEMENT FOR EMERGENCY SHELTER AND CASE MANAGEMENT SERVICES [MISSION MERCED INCORPORATED]. Community & Economic Development Director Souza Elms presented the staff report. Council Member Evans inquired as to if this is to increase or just continue for which Ms. Souza Elms responded to just continue. Mr. Evans inquired as to if this is in the budget or plans to increase for which Ms. Souza Elms responded that in accordance with the allocation no, if new funding sources become available, we will go after it. Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6921 – Approving an Amendment and Restatement of Professional Services Agreement for Emergency Shelter and Case Management Services [Mission Merced Incorporated]. The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6922 – ACCEPTING GRANT DEED FOR 9.52+ ACRES LOCATED AT SOUTHPOINTE AT REGENCY PARK FOR A FUTURE PARK AND STORM BASSINE 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, then turned it over to Parks & Recreation Director Heim who spoke in more detail to the plans for the future park, which included a PowerPoint presentation. Council Member Sanders made note that all the parks in this area are lacking walking paths and a walking path at this park would be very nice, for which Mr. Heim spoke to the plans for the park and will consider that when planning the park out. Mayor Amabile inquired as to wasn’t there a plan for a path on the canal there near this park for which Mr. Heim responded yes there has been talks and there is potential for that. Mr. Amabile stated that we really need to start looking in the future to get away from the giant basic parks in the future, as he does not like them and feels more pocket parks are better for the citizens, would like to see future designs include smaller parks throughout developments and communities. Council Member Lewis stated that she has concerns with the canal, the liability it has with the City, and something to consider. Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6922 – Accepting Grand Deed for 9.52+ Acres Located at Southpointe at Regency Park for a Future Parks 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 (Continued from the March 19, 2025 Meeting). Interim City Manager Brizzee presented the staff report. Council Member Sanders stated that he reviewed the proposals and his top firms were: Ralph Andersen & Associates, WBCP and Koff & Associates. Mayor Amabile stated that he too reviewed the proposals and his top firms were: Ralph Andersen & Associates, Baker Tilly and WBCP. Council Member Lewis stated that after reviewing the proposals Ralph Andersen & Associates what her preferred firm. Council Member Chavez stated that his top firms were: Ralph Andersen & Associates, Baker Tilly and WBCP. Motion by Lewis, seconded by Chavez to select Ralph Andersen & Associates to provide recruitment services for the City’s next City Manager. The motion carried by the affirmative action of all Council Members present. ADVISEMENT OF PUBLIC NOTICES. (One Report). Community & Economic Development Director Souza Elms reported that there will be a public hearing at the Planning Commission Meeting on April 23, 2025 to consider a Categorical Exemption from the CEQA pursuant to Section 15332 (In-fill Development Projects), an Amendment to Site Plan Review #2023-01, and final Development Plan #2023-01 for a reduction of units totaling 16 multi-family units and an accessory dwelling unit for Seventh St. Apartments. The project consists of four multi-family residential structures totaling 16 multi-family units and an accessory dwelling unit, located southwest quadrant of Seventh Street and Willmott Avenue intersection, APN 082-420-047. CITY MANAGER REPORT. Interim City Manager Brizzee shared that all of the staff has been working hard behind the scenes, and he truly appreciates their efforts. He noted that the City is currently addressing the Chromium-6 water standard. Regarding the One Tree Project, he acknowledged the great work by Ms. Souza Elms and her team. The closure documents and loan agreements have been signed, and the project is right on track. The next step is moving forward with the Planning Commission. The goal is to have the project open within 24 months. He also provided an update on the animal shelter, with a third yard for the animals has been added to the plans. The City is currently waiting on PG&E for the next steps. He mentioned that staff is aware of the difficulty in viewing the TVs in the council chambers and is working on replacing them with larger screens. CITY COUNCIL MEMBER REPORTS: EVAN SANDERS – DISTRICT 2: Thank you to the staff for getting the agenda out and for answering all of our questions. We know there’s a lot of work that happens behind the scenes, and it’s truly appreciated. I encourage everyone to follow the city on Instagram and Facebook to stay up to date on what’s happening, i.e. community meetings, events, grand openings of new businesses, and more. I’m happy to be here and proud that we’re getting things done every week, the way it should be. MARCUS CHAVEZ – DISTRICT 3: Thank you to our staff for everything you do, your hard work is truly appreciated. We need to make sure we follow up with Supervisor Scott Silveira regarding the battery storage meeting and ensure that moves forward. I also spent some time visiting with mobile food vendors to better understand the challenges they’re facing. Some of the concerns shared included a need for shade for customers, availability of tables and chairs, and issues related to code enforcement. I’d like to request that the Mobile Vendor Ordinance be added to the next agenda for discussion. DEBORAH LEWIS – DISTRICT 4: Stated that all of our employees are hardworking, thanking them for everything you do. We recently celebrated grand openings with new businesses like El Pollo Loco. The State of the College address at the Los Banos campus honored the Larry Anderson family and included a presentation on the future of the campus. There was particular excitement about the medical program aspect. On Saturday, we held our 4th Annual Egg Hunt at Oliveira Park. Gregory Hicks, Planning Commissioner and vice principal here in Los Banos attended the event with her. This event continues to grow each year, with a special thanks to Joe Heim, your staff is excellent, and she has enjoyed all the years this event has been happening. There will be a ribbon cutting for Rare Earth on 4/18/25, and the city is also planning a ribbon cutting for the new downtown sign. A suggestion was made to update the sign wording, rather than “Leaving Downtown” consider something more welcoming like “Thank You for Visiting Downtown”. There's a request for our staff to make announcements about upcoming projects during meetings, as not everyone is on social media and may miss important updates. DISTRICT 1: Vacant MICHAEL S. AMABILE – MAYOR: Reported that he visited Miano School and Charleston School yesterday and it was a fun experience, and both the schools and the kids were very nice. Tomorrow is the MCAG meeting, and LAFCO is also happening, with PCE in a week. Next week, he’s heading to Sacramento to represent Los Banos on a legislative matter. The May Day kickoff dinner is coming up and the State of the College event last week at Merced College went well and how he has been selected to be the commencement speaker at Merced College graduation in May and thanked the college and College President Chris Vitelli for the invitation, noting how he last gave the commencement address 25 years ago and is looking forward to doing it again. CLOSED SESSION – PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE: CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957. Mayor Amabile stated that advisement was given only, no action taken. CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A), NAME OF CASE: GREG HOSTETLER AND STONEFIELD HOMES ET AL V BRETT JONES; MERCED SUPERIOR COURT, CASE NO. 24CV-05443. Mayor Amabile stated that advisement was given only, no action taken. CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B): (ONE POTENTIAL CASE). Mayor Amabile stated that advisement was given only, no action taken. ADJOURNMENT. The meeting was adjourned at 9:30 p.m. to 9:00 a.m., Tuesday, May 6, 2025 at the Los Banos Police Department, 1111 G Street, Los Banos, California to Conduct a City Council Goals & Objectives Workshop. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk