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City Council Meeting

Regular Meeting

Los Banos, CA · August 6, 2025

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Minutes

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES AUGUST 6, 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 6:00 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile, District 1 – vacant; ABSENT: Council Member Evan Sanders – District 2 STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Police Chief Reyna, Acting Public Works Director/Parks & Recreation Director Heim, Fire Chief Tualla, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that they will be moving item 11 – Consideration of Approval of City Council Resolution No. 6953 – Authorizing Entering into a Third Amendment to Lease Agreement Between the City of Los Banos and Marlene Pennington for Rental of the Ranchwood Park Facility to be presented and considered before the Consent Agenda. Motion by Chavez, seconded by Lewis to approve the agenda as amended, moving item 11 – Consideration of Approval of City Council Resolution No. 6953 – Authorizing Entering into a Third Amendment to Lease Agreement Between the City of Los Banos and Marlene Pennington for Rental of the Ranchwood Park Facility. The motion carried by the affirmative action of all Council Members present, Sanders absent. PRESENTATIONS. CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR JULY 2025 – ADRIANNA VIERRA, ADMIN CLERK I, PUBLIC WORKS DEPARTMENT. Mayor Amabile presented the certificate to Adrianna Vierra, who was present to accept. PROCLAMATION RECOGNIZING THE RETIREMENT OF POLICE SERGEANT NATHAN BOWLING. Mayor Amabile presented the proclamation. PROCLAMATION RECOGNIZING LOS BANOS LITTLE LEAGUE 12 YEARS OLD AND UNDER ALL-STAR TEAM. Mayor Amabile presented the proclamation to the team, who was present to accept. 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, downtown resident, spoke about preserving the history of the original funeral home/A&E church/old police department building. She requested that some of the building’s original features be retained in redevelopment. She also urged consideration of pet-friendly amenities in downtown and future developments, noting that many households have dogs and some new homes now include cat runs; CARLOS FLORES spoke regarding the urgent need for a new hospital, sharing that his mother-in-law was recently admitted and the doctor noted there are only six beds available for a population of 50,000. He stated the community is “screaming” for a hospital and asked the City to prioritize it. He also addressed the need for affordable housing, explaining that many residents must leave Los Banos to find rentals; ANDREA TRUDELLE asked about the City’s funding for the homeless and questioned why individuals were relocated from behind McDonald’s to tents near the new police department. She called for more humane solutions such as cooling shelters during the hot summers and stated that the homeless population has grown significantly since 2008; MITY PEREZ announced her candidacy for City Council, District 1. She shared her background and priorities, including growth and the need for more schools, preserving Los Banos’ history, public safety, addressing homelessness, supporting industrial and housing development for jobs, expediting the hospital project, and filling vacant leadership roles. She committed to working with Council on a 100-day action plan; KATHY BALLARD, Los Banos resident, praised the National Night Out event, described it as wonderful, and expressed appreciation for the Council’s work; UNNAMED SPEAKER thanked the Mayor and Council Member Lewis for attending community park events and emphasized that although City Council is a part-time role, it requires full-time commitment. He praised the success of National Night Out and noted the positive impact on community morale; City Clerk Mallonee read a letter from JULIE CREIGHTON concerning potential hazardous materials issues at the airport and the Colorado Ball Fields project. The Mayor clarified that past contamination was remediated, city wells have never been affected, and wells are regularly monitored. He stated improvements will be on the existing ballpark footprint, and dirt will be inspected during construction. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6953 – AUTHORIZING ENTERING INTO A THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND MARLENE PENNINGTON FOR RENTAL OF THE RANCHWOOD PARK FACILITY (Continued from the July 20, 2025 Council Meeting). Acting Public Works Director/Parks & Recreation Director Heim presented the staff report noting The lease terms include a monthly rent of $2,500 for the first year and $2,600 for the second year, reflecting a 20.83% increase in the first year and a 4% increase in the second year. Pennington is responsible for custodial services, as well as opening and closing the facility, while providing affordable daycare, including subsidized childcare for low-income families. The lease agreement, which began in 2010, is now in its third amendment. The facility itself has served as a daycare for approximately 43 years. Staff noted complications with utility billing. PG&E costs are being paid by the tenant, while water billing has been delayed due to an issue with the meter, which is being addressed so that the tenant can begin paying those costs. Additional background information included a review of the facility’s history, the lack of daycare facilities in the community, and the fact that the site has previously housed daycare tenants prior to Pennington. A comparison was made between the Ranchwood site and the College Greens facility. Staff explained that College Greens is heavily used for community events and generates significant rental revenue, $24,275 in FY23, $23,600 in FY24, and $40,900 in FY25, whereas the Ranchwood facility provides a needed daycare service. Unlike College Greens, which requires City staff support for opening, closing, maintenance, and overtime, Pennington’s daycare manages its own operations independently. Mayor Amabile invited the public to come forward and speak. MARLENE PENNINGTON, owner of Pennington’s Daycare, addressed the council and spoke about the center’s 44- year history in the community. She explained that her facility currently serves 45 children and is one of the only private daycare centers in Los Banos open from 6 a.m. to 6 p.m. She expressed concern over whether the city was planning to sell the building or was seeking additional revenue and stressed the negative impact non-renewal of the lease would have on parents and families. She stated her hope that the city would renew the lease to allow Pennington’s to continue serving the community; MARIA BORBA, a teacher at Pennington’s, stated that she was worried about the families who would be affected if the lease was not renewed. She noted that the daycare currently serves 73 families with 84 children, and she praised the improvements the program has made to the facility and surrounding area, keeping it safe, clean, and well maintained. Borba described the center’s commitment to providing home-cooked meals and serving children of all backgrounds, creating an inclusive and welcoming environment. She emphasized that the school district provides strong childcare programs but not the extended hours that Pennington’s offers, and urged the council to work together with the community to continue supporting local families; FERNANDO MENDOZA, a U.S. Navy veteran and Los Banos resident since 2004, spoke as a parent of two sons who once attended Pennington’s and are now preparing to graduate from college. He praised the positive influence Pennington’s had on his children, highlighting the safe environment, teaching style, and longtime staff members, many of whom have worked there for over 20 years. Mendoza stated that Pennington’s is a “bright spot” in Los Banos; COMMUNITY MEMBER spoke in support of the lease renewal, noting that this issue is not just about financial numbers but about intangible benefits. They described Pennington’s as a place where children learn, grow, and develop into productive adults, providing long-term value to the community. The speaker pointed out that the daycare has invested in security improvements such as gate upgrades, serves a large number of families, and has been a stable, long-term tenant. They encouraged the council to recognize the residual social benefits of the program and renew the lease; KHALID SANCHEZ, a candidate for City Council District 1, also spoke in support of Pennington’s. She explained that she had personally met with many of the 84 families currently being served and described how the daycare treats children like family. She urged the council that if they were not ready to approve the lease, they should delay the decision until District 1 has an elected representative, given the facility’s location in that district; KATHY BALLARD, a local business owner, stated that although her own children did not attend Pennington’s, she strongly supports lease renewal. She drew from her own experience as a landlord, noting that if a tenant properly maintains and utilizes a property, it is good practice to provide them a long-term lease for stability. She encouraged the city to consider granting Pennington’s a longer-term lease agreement; ANDREA TRUDELLE also spoke in favor of renewal, emphasizing the importance of childcare for commuting parents who leave early in the morning and return late in the evening. She explained that the daycare is critical for working families, particularly mothers, who may otherwise have to leave their jobs due to lack of childcare options. Trudell argued that failing to renew the lease would make Los Banos less attractive to working families and diminish needed resources in the community; JOHN FULTON, a District 1 resident for 30 years, shared his personal experience with Pennington’s, stating that his son attended the daycare while his wife was teaching for 40 years. He praised the center’s role in supporting families like his own; JENNIFER PINHEIRO, a Los Banos resident, shared that she attended Pennington’s as a child and now has her own son enrolled there. She described hearing about the possible non-renewal as devastating and spoke of the daycare as a part of Los Banos history and family tradition. She urged the council to renew the lease; THOMAS RIVERA spoke as both a former student and current parent, stating that Pennington’s had been there for him growing up and now provides for his children. He asked the council to reconsider and approve the lease renewal; JESSICA BARAJAS, a single mother and healthcare worker, explained that she had tried other daycare centers but found Pennington’s to be unmatched in its quality of care and family atmosphere. She noted that many of her coworkers at the hospital also rely on Pennington’s and urged the council to support the renewal; CARLOS GONZALES, another parent, stated that his son attends Pennington’s and that the daycare provides high-quality, affordable care, including hot meals every day. He suggested that the city could explore other ways to generate revenue rather than displacing children and families. He appealed to the council to consider “what God would do in this situation” and to prioritize the well-being of families by renewing the lease; DENISE PUGLIESE, a longtime employee of Pennington’s, stated that she has worked with Ms. Pennington for nearly 20 years and that both of her children attended the daycare before going on to college. She emphasized the program’s generational impact, noting that former students are now enrolling their own children. Pugliese spoke passionately about her love for her job, the families, and the children she cares for, and she asked the council to reconsider and renew the lease agreement. Mayor Amabile concluded public comment by acknowledging the numerous letters received in support of Pennington’s, submitted by additional community members who were unable to attend in person: Nathan Waggoner, Brittany Martinez, “unsigned”, Amy Montgomery, Jesenia Romo, Anabil Hernandez, Lydia Ruiz, Veronica Ortiz, Samantha, Heather Morman, Vanessa Solis De La Paz, Stephanie De Loa, Jessica Merrell, Anabil Hernandez, Hayley J., Beverly Resendiz, Jennifer Zambrano, Alicia Vicuna, Thomas Barba Rivera, Jennifer (Lawrence) Pinheiro, Stacey Dugo, Anna Munoz, Briana Cantua, Mary Vaz, Joe Bettencourt, Rosa Bettencourt, Nelia Vaz, Sondra Carmo. Council Member Lewis thanked all residents and parents who came forward to speak in support of Pennington’s, as well as those who submitted letters. She explained that some scenarios that had been raised, such as questions about who pays for utilities or the idea of selling the facility, were either resolved or never the intention of the Council. She emphasized that it was never the Council’s plan to shut Pennington’s down, but rather to review and clarify certain matters. Council Member Lewis shared that she had spoken with community members and understood how important Pennington’s is, especially for families where parents commute and need extended childcare hours. She expressed appreciation for the commitment and service Pennington’s has provided to the children and families of Los Banos, thanking them for all they have done and continue to do. Council Member Chavez poke and began by greeting MISS MARIA, noting that he has known her and her daughter, who moved from Malibu, for many years. He explained that in his view, the City Council was simply asking questions and working to get clarification on certain matters, not attempting to close Pennington’s, as some had thought. He emphasized that there was never any intention of shutting it down, and that the Council’s discussions were more about exploring all possible options. He mentioned that one suggestion, such as whether the facility should be sold, was just an example of the Council “thinking outside the box” in order to determine the best decision for the community. He stated that this process is part of the Council’s due diligence, looking at issues from every angle and perspective to ensure sound decision-making. He also reminded the Council that while Pennington’s serves over eighty families, they are not all from District One but from across the entire city, and this broader impact must be considered. He concluded by reiterating that the discussions were about being thorough and responsible, not about removing valuable services, and he warmly acknowledged seeing Miss Maria again after some time. Mayor Amabile thanked Ms. Pennington for her 44 years of service to the community and jokingly suggested she use the supportive comments from the meeting as a commercial to attract more students. He expressed appreciation to everyone who spoke, noting that hearing from citizens is essential. He emphasized that the council is doing its due diligence and that working together with the community is what makes the city better. Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6953 – Authorizing Entering into a Third Amendment to Lease Agreement Between the City of Los Banos and Marlene Pennington for Rental of the Ranchwood Park Facility. The motion carried by the affirmative action of all Council Members present, Sanders absent. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 7H – City Council Resolution No. 6962 – Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project be removed from the agenda for presentation and consideration. Council Member Chavez requested that item 7P – City Council Resolution No. 6970 – Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project be removed from the agenda for presentation and consideration. Motion by Lewis, seconded by Chavez to approve the consent agenda items, as amended, as follows: Check Register for #252691 - #253001 in the Amount of $5,104,603.25; City Council Meeting Minutes for July 16, 2025; City Council Special Meeting Minutes for July 28, 2025; Fourth Quarter Investment Report for 2024/2025; City Council Resolution No. 6959 – Approving the Acceptance of a Walmart Community Program Grant, Number 91987210, in the Amount of $4,000 and Amending the 2025/2026 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $4,000; City Council Resolution No. 6960 – Accepting a Grant Deed for a 3,239+/- Square Foot Public Utility Easement Located at 2191 Canal Farm Lane and Authorizing the Interim City Manager to Execute all Required Documents for this Dedication Acceptance; City Council Resolution No. 6961 – Authorizing the Interim City Manager to Execute a Lease Agreement with Fernando DBA Escobedo and Sons for the Wastewater Treatment Facility Pasture Lease and Amend the Fiscal Year 2025/2026 Budget by Increasing the Revenue Line Item 502-000-363-014 to the Total of $27,900; City Council Resolution No. 6962 – Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project; City Council Resolution No. 6963 – Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 3, Unit 3 (Lodi Development, Inc.); City Council Resolution No. 6964 – Accepting the Northgate Sewer Lift Station Emergency Power Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Strategic Mechanical, Inc.); City Council Resolution No. 6965 – Accepting the First 5 Shade Structure Installation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Zoom Recreation); City Council Resolution No. 6966 – Accepting Public Improvements for All Off-Site Landscape Associated with Overland Avenue at the Southpointe at Regency Park Subdivision (Stonefield Home, Inc.); City Council Resolution No. 6967 – Accepting Public Improvements for All Off-Site Landscape Associated with Sunrise Ranch, Phases 3 & 4 (Stonefield Home, Inc.); City Council Resolution No. 6968 – Authorizing the Submittal of a Drinking Water State Revolving Fund (DWSRF) General Application and Designating the City Manager as the Authorized Representative; City Council Resolution No. 6969 – Approving a Memorandum of Understanding between the Valley Water Collaborative and the Groundwater Sustainability Agencies in the Delta-Mendota Subbasin Including the City of Los Banos; City Council Resolution No. 6970 – Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project; City Council Resolution No. 6971 – Amending Division 4, Salary Schedule – Employee Classifications Relating to Changes to Section F – Fire & Building to Reflect the Correct Salary Range for the Job Classification of Fire Engineer. The motion carried by the affirmative action of all Council Members present, Sanders absent. 7H – City Council Resolution No. 6962 – Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project. Council Member Lewis thanked Mr. Heim for expediting the grant process and expressed hope that the city will be a strong candidate, noting that the funding would help reach project goals much faster. Lewis asked about the expected timeline for a decision, and Joe explained that awards are anticipated in winter 2025, typically followed by a one to two-month delay. Lewis also asked about the city’s qualifications, and he confirmed that the project is very eligible for funding. 7P – City Council Resolution No. 6970 – Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project. Council Member Chavez inquired how the City determines which company is awarded a bid. City Attorney Vaughn explained that construction contracts are awarded to the lowest responsive and responsible bidder. Council Member Chavez then asked how a local bid factors into the process. Bill clarified that for construction projects the City is required to accept the lowest responsive and responsible bid, and while a local preference can apply in purchase orders, it does not apply to construction bids. Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6962 – Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project and City Council Resolution No. 6970 – Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project. The motion carried by the affirmative action of all Council Members present, Sanders absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2024-03 FOR THE OFF-SALE OF GENERAL ALCOHOL (TYPE 21 ABC LICENSE) FOR NORTHGATE 42, LLC., LOCATED AT THE NORTHEAST CORNER OF WEST PACHECO BOULEVARD AND WEST I STREET, APNS: 027-130-011, 013, 014 & 009; CITY COUNCIL RESOLUTION NO. 6972 – APPROVING CONDITIONAL USE PERMIT #2024-03 TO ALLOW FOR THE OFF- SALE OF GENERAL ALCOHOL (TYPE 21 LICENSE) FOR NORTHGATE 42, LLC., LOCATED AT THE NORTHEAST CORNER OF WEST PACHECO BOULEVARD AND WEST I STREET. Community & Economic Development Director Souza Elms presented the staff report. Mayor Amabile opened the public hearing. JOHN FULTON inquired about the number of people living within 300 feet of the intersection and noted that the traffic pattern is similar to the situation at Espana’s restaurant. He stated that the city is in good hands regarding traffic but emphasized the importance of coordinating with Caltrans. No one else came forward to speak. Council Member Chavez asked about the status of Me N Ed’s and Mr. Taco. Ms. Souza Elms stated that Me N Ed’s will be leasing a temporary location during construction, while there are no updates regarding Mr. Taco; it is hoped that both may return to the site once the new commercial center is completed. Council Member Lewis inquired about operating hours. Raindra Singh, a representative for Northgate 42, stated that the convenience store will operate 24 hours, with alcohol sales limited by California law from 6:00 a.m. to 2:00 a.m. Mayor Amabile confirmed that security cameras will be installed, subject to police chief approval. Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6972 – Approving Conditional Use Permit #2024-03 to Allow for the Off-Sale of General Alcohol (Type 21 License) for Northgate 42, LLC., Located at the Northeast Corner of West Pacheco Boulevard and West I Street. The motion carried by the affirmative action of all Council Members present, Sanders absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2023-10 FOR THE OFF-SALE OF GENERAL ALCOHOL (TYPE 21 ABC LICENSE) FOR VINTNERS DISTRIBUTORS, INC. LOCATED ON THE NORTHEAST CORNER OF MERCEY SPRINGS ROAD AND WILLMOTT AVENUE, APN: 428-280-011; CITY COUNCIL RESOLUTION NO. 6973 – APPROVING CONDITIONAL USE PERMIT #2023-10 TO ALLOW FOR THE OFF- SALE OF GENERAL ALCOHOL (TYPE 21 LICENSE) FOR VINTNERS DISTRIBUTORS, INC. LOCATED ON THE NORTHEAST CORNER OF MERCEY SPRINGS ROAD AND WILLMOTT AVENUE, APN: 428-280-011. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed. Council Member Lewis inquired about the state requirement for mailed public notices. Ms. Souza Elms responded that government code requires 10 days’ notice and publication in the Westside Express, which the city provides as 14 days. Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 6973 – Approving Conditional Use Permit #2023-10 to Allow for the Off-Sale of General Alcohol (Type 21 License) for Vintners Distributors, Inc. Located on the Northeast Corner of Mercey Springs Road and Willmott Avenue, APN: 428-280-011. The motion carried by the affirmative action of all Council Members present, Sanders absent. PROJECT STATUS UPDATE – FIRE STATION #4 & EMERGENCY OPERATIONS CENTER, DEVELOPMENT SERVICES CENTER, AND OLD POLICE STATION. Community & Economic Development Director Souza Elms and Fire Chief Tualla presented the staff report, which included a PowerPoint presentation. Council Member Lewis asked if the Fire Station would primarily cover the west side; Paul confirmed it would. The station includes a “clean station” design focusing on responder health, living quarters, equipment storage, and fitness areas. The EOC will be a 5,700 sq. ft. regional facility with a 80–100 person capacity, breakout rooms, a full kitchen, and a training facility for technical rescue. Project cost is approximately $11.5 million, with $5.4 million available from prior funding, and additional funding could come from Measure P and development impact fees. Next steps include design development, site preparation, permitting, and equipment/furniture planning. Mayor Amabile noted that the land for the fire station was donated by the Anderson family. Staff added that the Development Services Center will renovate the former police annex at 935 J Street to create a centralized one-stop location for planning, building, engineering, fire prevention, housing, and economic development. The 9,000 sq. ft. building has undergone abatement and soft demolition, leaving a clean shell for interior renovations. The project allows for improvements to City Hall, including updated offices, electrical work, carpet replacement, and paint. Funding of $8 million has been committed for the police annex renovation, City Hall improvements, and the old police station. A request for qualifications for a progressive design-build was released on July 30, closing September 2. For the old police station site (three parcels totaling 0.9 acres), staff summarized community input from a July 8 workshop and social media polls. Options discussed include: remodeling/reuse, demolition with open space, or development for business purposes. Mayor Amabile invited the public to speak. BLANCHE JORGE emphasized that the local community has not been fully engaged, highlighted the historic significance of the area, and requested that the site not be turned into a parking lot. She suggested consideration of the sheriff’s department next door, potential use as a juvenile hall or children’s activity space, or as an annex for the animal shelter. Andrea Trudelle expressed support for city improvements and suggested creating a community gathering space with outdoor activities, comparing it to Wrigley Field in Chicago. Javier Powell concurred with Blanche, recommending preservation or memorialization of the building’s historical features, with shade and misters for outdoor comfort. Council Member Lewis noted the site is small and close to residents, cautioning that noise and traffic could be a concern. She expressed that she is not ready to tear down the building and suggested exploring business development options that could expand the property’s use while preserving historical aspects. Council Member Chavez agreed that music or large gatherings may not be appropriate for the area but emphasized the historical value. Mayor Amabile suggested potential uses such as childcare or senior housing. Finance Director Moreno recommended conducting a feasibility study to evaluate whether demolition, renovation, or redevelopment is practical, including structural, ADA, and cost considerations. Stacy confirmed that the council consensus is to proceed with a feasibility study. Mayor Amabile added that due to the building’s condition, rehabilitation would be very expensive, and the nearby house is condemned, highlighting the need to assess feasibility before pursuing redevelopment. No formal action was taken; direction was provided for staff to move forward with a feasibility study for the old police station site. CONSIDERATION OF THE ACCEPTANCE OF THE LOS BANOS POLICE DEPARTMENT MILITARY EQUIPMENT USE REPORT. Police Commander Melden presented the staff report, which included a PowerPoint presentation. He explained that the report increases transparency and accountability regarding the purchase, use, and maintenance of equipment defined as military under AB481. The report includes information on acquisition, costs, internal audits, community feedback, and any complaints. He also emphasized that the Los Banos Police Department does not possess true military surplus equipment and relies on general fund sources for procurement. Equipment outlined in the report includes drones, a mobile command post trailer, patrol rifles, pepper ball launchers, and less-lethal bean bag shotguns. All personnel using the equipment are certified in its deployment. The department maintains multiple avenues for public engagement, including in-person visits, online feedback, and live viewing of council meetings. There was an inquiry regarding equipment possessed by the sheriff’s department. Motion by Lewis, seconded by Chavez to accept the Los Banos Police Department Military Equipment Use Report as submitted. The motion carried by the affirmative action of all Council Members present, Sanders absent. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6953 – AUTHORIZING ENTERING INTO A THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND MARLENE PENNINGTON FOR RENTAL OF THE RANCHWOOD PARK FACILITY (Continued from the July 20, 2025 Council Meeting). Moved to be to be presented and considered before the Consent Agenda. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6974 – APPROVING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH GARY M. BRIZZEE, JR. TO SERVE AS INTERIM CITY MANAGER. Human Resources Director Mallonee presented the staff report, noting that the amendment includes two main updates: a term adjustment allowing for a transitional overlap of up to 30 days after a permanent city manager is appointed, with an option to extend to 90 days if needed, to ensure a smooth handoff of duties, and an adjustment to Mr. Brizzee’s hourly rate to $132.40 effective July 1, 2025, following the 2025–2026 budget salary range for the city manager classification. All other terms of the original agreement remain unchanged, and there is no fiscal impact as the rate is already included in the current budget. Council members discussed the importance of the overlap for a smooth transition. Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 6974 – Approving the First Amendment to the Employment Agreement with Gary M. Brizzee, Jr. to Serve as Interim City Manager. The motion carried by the affirmative action of all Council Members present, Sanders absent. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, AUGUST 20, 2025 DUE TO SUMMER BREAK. Motion by Lewis, seconded by Chavez to cancel the Regular City Council Meeting scheduled for Wednesday, August 20, 2025 due to summer break. The motion carried by the affirmative action of all Council Members present, Sanders absent. CITY DEPARTMENT REPORTS. Community & Economic Development. Director Souza Elms reported that two public hearings will be held with the Planning Commission on August 13 at 6 p.m. The first hearing is for a Parks and Recreation Department item regarding solar lights for the Canal Trail. The second hearing is for an amendment to the mobile food vendor ordinance (Title 9, Chapter 3, Article 36 of the Las Vegas Municipal Code), based on direction provided by the City Council on June 4. Finance. Director Moreno updated the council that the city is beginning audit season, including the city audit, specialized audits, and the TDA audit, as part of year-end closing. She noted that the finance department has a busy period ahead but expressed excitement about the team’s work. Morano also mentioned that recruitment for a finance manager and an administrative clerk is closing soon, which will help the department reach full staffing. Fire. Chief Tualla reported on recent department activities, highlighting the successful National Night Out event, which featured the return of the department’s ladder truck. He praised Stacy for her efforts with event materials and jerseys. Chief Tualla also noted that the background check for one of the firefighter candidates is being completed and they hope to have the candidate start soon. Additionally, the department is preparing to conduct battalion testing processes. Human Resources. No report Parks & Recreation. Director Heim provided several updates. He announced a movie night in the park on August 23 at College Greens Park featuring the movie Trolls. Tickets are now on sale for the 40th annual Salute to Seniors event, which has an ocean theme and will be held on the last Friday of September. He also noted a public workshop from Public Works on August 19 at the community center regarding the Vineyard 165 intersection. Director Height congratulated Adriana Vierra from Public Works as employee of the month for her support with the budget and willingness to take on extra work. He highlighted that many items are underway in Public Works, including projects related to groundwater, ballparks, daycare facilities, and upcoming street rehabilitation bids, with additional projects expected to be released this fall. Public Works. No report Police. Chief Reyna thanked the community for attending National Night Out on August 5, highlighting the event’s goal of fostering connections between residents and city departments. He recognized Sergeant Mendes for organizing the event and expressed appreciation for the contributions of Public Works, Parks, and the Fire Department. Chief Ray also thanked the council for presenting a proclamation honoring Sergeant Nathan Bowling upon his retirement, noting his exemplary public service. CITY MANAGER REPORT. Acting City Manager/Community & Economic Development Director Souza Elms, thanked Chief Ray and the entire police department for a successful National Night Out. She praised Sergeant Mendes for organizing the event and highlighted the participation of all city departments, noting the importance of connecting with the community, especially families and children. She expressed appreciation for the city team’s efforts in bringing the community together. CITY COUNCIL MEMBER REPORTS: DEBORAH LEWIS – DISTRICT 4: Praised the Police Department, especially Sergeant Mendez, for a successful National Night Out, noting the department’s collaboration with youth and the community. She also highlighted the recent ribbon-cutting for Sunrise Park, praising its amenities and safety features. Ms. Lewis made several recommendations for Council consideration: hiring a commercially licensed property appraiser to ensure city rental and lease properties are fairly valued, requiring three-dimensional presentations for development proposals, and exploring hosting future movie nights at different regional parks to increase community participation. She had no report for the Air Board for July but will provide one in August. DISTRICT 1: Vacant EVAN SANDERS – DISTRICT 2: Excused Absent MARCUS CHAVEZ – DISTRICT 3: Congratulated Adriana Vierra on being named Employee of the Month. He noted that he was unable to attend National Night Out but praised the event’s setup and turnout. Mr. Chavez also thanked Assemblywoman Esmeralda Soria, Parks & Recreation, and other city departments for their efforts in the backpack giveaway event, noting the large community turnout. He encouraged residents of District 1 to vote and participate in filling the vacant council seat. MICHAEL S. AMABILE – MAYOR: Provided updates on several city and regional matters. He reported that MCAG confirmed Blanch Jorge for Measure V and noted the opening of the Chucka rest stop on I-5 on July 31. He discussed travel expense policies, affirming that MCAG operates responsibly and has tightened its guidelines. The Mayor highlighted the hydrogen trailer project to refuel electric buses and emphasized the future need for a hydrogen plant in the county. He toured the Billy Wright solid waste facility, noting its 12-year lifespan and plans to acquire adjacent property for extended use, as well as a nearby 1,000-acre solar panel installation. He recapped recent community engagement efforts, including the Parkside Chat in District 1 and Sunrise Park ribbon cutting, and encouraged broader attendance at city-county networking events. The mayor discussed ongoing efforts to address chromium 6 issues, including meetings with the governor’s office, Assemblyman Adam Gray, and Peninsula Clean Energy for potential grants. He also shared that the city was approved to celebrate California’s 175th anniversary next year. Additional updates included new LED lighting on the plaza statue, which can be customized for events, and a suggestion to explore an emergency app for residents to enhance communication and safety preparedness. The Mayor praised city staff and departments for their ongoing efforts and emphasized proactive planning for community needs and emergency readiness. ADJOURNMENT – ADJOURN TO 2:00 P.M., THURSDAY, AUGUST 7, 2025 TO HOLD A CLOSED SESSION – PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Motion by Lewis, seconded by Chavez the meeting was adjourned at 9:12 PM to 2:00 PM Thursday, August 7, 2025 to hold a Closed Session – Public Employment; Title: City Manager & City Attorney, Pursuant to Government Code Section 54957(b). The motion carried by the affirmative action of all Council Members present, Sanders absent. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk

Agenda

LOsBanos At the Crossroads of Calijornia www.losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California AUGUST 6, 2025- 6:00 PM Live stream on YouTube at: https://www.youtube.com/@losb If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting. The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * * Si requiere asistencia especial o asistencia de traducci6n para atender o participar en esta junta par favor /lame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta. La Ciudad de Los Banos cumple con la fey de Estadounidenses con Discapacidades (ADA) de 1990. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org. * * * * * * * * * * * * * * * * Cualquier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfcu/o en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to cityclerk@losbanos.org or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the following link: https://losbanos.org/category/city-council/i Los Banos City Council Agenda - August 6, 2025 Page 1 of 6 1. CALL TO ORDER - July 16, 2025 6:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: (City Council Members) __ [vacant] - District 1 Evan Sanders - District 2 Marcus Chavez - District 3 Deborah Lewis - District 4 __ Michael Amabile - Mayor 4. CONSIDERATION OF APPROVAL OF AGENDA. Recommendation: Adopt the agenda as submitted. 5. PRESENTATIONS. A. Certificate of Recognition - Employee of the Month for July 2025 - Adrianna Vierra, Admin Clerk I, Public Works Department. B. Proclamation Recognizing the Retirement of Police Sergeant Nathan Bowling. C. Proclamation Recognizing Los Banos Little League 12 Years Old and Under All-Star Team. 6. 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 Council ; 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.) 7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #252691 #253001 in the Amount of $5,104,603.25. Recommendation: Approve the check register as submitted. B. City Council Meeting Minutes for July 16, 2025. Recommendation: Approve the minutes as submitted. C. City Council Special Meeting Minutes for July 28, 2025. Recommendation: Approve the minutes as submitted. D. Fourth Quarter Investment Report for 2024/2025. Recommendation: Accept the report as submitted. Los Banos City Council Agenda - August 6, 2025 Page 2 of6 E. City Council Resolution No. 6959 - Approving the Acceptance of a Walmart Community Program Grant, Number 91987210, in the Amount of $4,000 and Amending the 2025/2026 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $4,000. Recommendation: Adopt the resolution as submitted. F. City Council Resolution No. 6960 - Accepting a Grant Deed for a 3,239+/- Square Foot Public Utility Easement Located at 2191 Canal Farm Lane and Authorizing the Interim City Manager to Execute all Required Documents for this Dedication Acceptance. Recommendation: Adopt the resolution as submitted. G. City Council Resolution No. 6961 - Authorizing the Interim City Manager to Execute a Lease Agreement with Fernando OBA Escobedo and Sons for the Wastewater Treatment Facility Pasture Lease and Amend the Fiscal Year 2025/2026 Budget by Increasing the Revenue Line Item 502-000-363-014 to the Total of $27,900. Recommendation: Adopt the resolution as submitted. H. City Council Resolution No. 6962 - Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project. Recommendation: Adopt the resolution as submitted. I. City Council Resolution No. 6963 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 3, Unit 3 (Lodi Development, Inc.). Recommendation: Adopt the resolution as submitted. J. City Council Resolution No. 6964 - Accepting the Northgate Sewer Lift Station Emergency Power Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Strategic Mechanical, Inc.). Recommendation: Adopt the resolution as submitted. K. City Council Resolution No. 6965 - Accepting the First 5 Shade Structure Installation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Zoom Recreation) . Recommendation: Adopt the resolution as submitted. L. City Council Resolution No. 6966 - Accepting Public Improvements for All Off-Site Landscape Associated with Overland Avenue at the Southpointe at Regency Park Subdivision (Stonefield Home, Inc.). Recommendation: Adopt the resolution as submitted. Los Banos City Council Agenda - August 6, 2025 Page 3 of6 M. City Council Resolution No. 6967 - Accepting Public Improvements for All Off-Site Landscape Associated with Sunrise Ranch, Phases 3 & 4 (Stonefield Home, Inc.). Recommendation: Adopt the resolution as submitted. N. City Council Resolution No. 6968 - Authorizing the Submittal of a Drinking Water State Revolving Fund (DWSRF) General Application and Designating the City Manager as the Authorized Representative. Recommendation: Adopt the resolution as submitted. 0. City Council Resolution No. 6969 - Approving a Memorandum of Understanding between the Valley Water Collaborative and the Groundwater Sustainability Agencies in the Delta-Mendota Subbasin Including the City of Los Banos. Recommendation: Adopt the resolution as submitted. P. City Council Resolution No. 6970 - Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project. Recommendation: Adopt the resolution as submitted. Q. City Council Resolution No. 6971 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section F - Fire & Building to Reflect the Correct Salary Range for the Job Classification of Fire Engineer. Recommendation: Adopt the resolution as submitted. 8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.) A. Public Hearing - To Receive Public Comment and Consideration of Conditional Use Permit #2024-03 for the Off-Sale of General Alcohol (Type 21 ABC License) for Northgate 42, LLC ., Located at the Northeast Corner of West Pacheco Boulevard and West I Street, APNs: 027-130-011, 013, 014 & 009. 1) City Council Resolution No. 6972 - Approving Conditional Use Permit #2024-03 to Allow for the Off-Sale of General Alcohol (Type 21 License) for Northgate 42, LLC., Located at the Northeast Corner of West Pacheco Boulevard and West I Street. Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted. Los Banos City Council Agenda - August 6, 2025 Page 4 of 6 B. Public Hearing - To Receive Public Comment and Consideration of Conditional Use Permit #2023-10 for the Off-Sale of General Alcohol (Type 21 ABC License) for Vintners Distributors, Inc. Located on the Northeast Corner of Mercey Springs Road and Willmott Avenue, APN: 428-280-011. 1) City Council Resolution No. 6973 - Approving Conditional Use Permit #2023-10 to Allow for the Off-Sale of General Alcohol (Type 21 License) for Vintners Distributors, Inc. Located on the Northeast Corner of Mercey Springs Road and Willmott Avenue, APN : 428-280-011. Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted. 9. PROJECT STATUS UPDATE - FIRE STATION #4 & EMERGENCY OPERATIONS CENTER, DEVELOPMENT SERVICES CENTER, AND OLD POLICE STATION. Recommendation: Receive staff report and direction from the City Council on how to proceed. 10. CONSIDERATION OF THE ACCEPTANCE OF THE LOS BANOS POLICE DEPARTMENT MILITARY EQUIPMENT USE REPORT. Recommendation: Receive staff report and accept the report a submitted. 11. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6953 - AUTHORIZING ENTERING INTO A THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND MARLENE PENNINGTON FOR RENTAL OF THE RANCHWOOD PARK FACILITY. (Continued from the July 20, 2025 Council Meeting) Recommendation: Receive staff report and adopt the resolution as submitted. 12. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6974 - APPROVING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH GARY M. BRIZZEE, JR TO SERVE AS INTERIM CITY MANAGER. Recommendation: Receive staff report and adopt the resolution as submitted. 13. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, AUGUST 20, 2025 DUE TO SUMMER BREAK. Recommendation: Cancel the meeting as stated. 14. CITY DEPARTMENT REPORTS. A Community & Economic Development B. Finance C. Fire Los Banos City Council Agenda - August 6, 2025 Page 5 of 6 D. Human Resources E. Parks & Recreation F. Police G. Public Works Recommendation: Informational item only, no action to be taken. 15. CITY MANAGER REPORT. Recommendation: Informational item only, no action to be taken. 16. CITY COUNCIL MEMBER REPORTS. A. Deborah Lewis - District 4 B. [vacant] - District 1 C. Evan Sanders - District 2 D. Marcus Chavez - District 3 E. Michael Amabile - Mayor 17. ADJOURNMENT. A. Adjourn to 2:00 p.m., Thursday, August 7, 2025 to Hold a Closed Session - Public Employment; Title: City Manager & City Attorney, Pursuant to Government Code Section 54957(b). I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~~ 1 . ~ Lucille L. Mallonee, City Clerk Dated this 1st day of August 2025 Los Banos City Council Agenda - August 6, 2025 Page 6 of 6

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