City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 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 6:03 p.m. PLEDGE OF ALLEGIANCE: Police Sergeant Mendez led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Member Evan Sanders – District 2, Marcus Chavez – District 3, Mayor Michael Amabile, District 1 – vacant; ABSENT: Deborah Lewis – District 4 STAFF MEMBERS PRESENT: Interim City Manager Brizzee, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Police Sergeant Mendez, Acting Public Works Director/Parks & Recreation Director Heim, Assistant Fire Chief Dorenbush, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that Staff is requesting that item 7I – City Council Resolution No. 6977 – Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998, be removed from the consent agenda and presented as a separate agenda item after consent agenda approval. Motion by Chavez, seconded by Sanders to approve the agenda as amended, removing 7I – City Council Resolution No. 6977 – Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998, be removed from the consent agenda and presented as a separate agenda item after consent agenda approval. The motion carried by the affirmative action of all Council Members present, Lewis absent. PRESENTATIONS. CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR AUGUST 2025 – TERESA NAVA, PART TIME RECREATION ASSISTANT, PARKS & RECREATION DEPARTMENT. Mayor Amabile presented the certificate to Teresa Nava, who was present to accept. PROCLAMATION RECOGNIZING CALIFORNIA’S 175TH ANNIVERSARY OF STATEHOOD. Mayor Amabile presented the proclamation. 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. CARLOS FLORES, a resident of District 1, spoke regarding concerns about chromium levels in the city’s water. He stated that while the website describes the water as safe, he believes it is not, and expressed frustration that society accepts the poisoning of communities through chemicals and pollution. Identifying himself as indigenous, he contrasted his people’s history of farming without pesticides with current practices and questioned why humanity is not prioritized over money. He noted concerns about cancer in the Central Valley and called for accountability from representatives at all levels of government, urging that those responsible be held accountable and that the community be given clear answers; KABIL MOHAMMED, program manager with the American Red Cross of Merced County, presented an award to the Los Banos Fire Department for their support of the Red Cross “Sound the Alarm” program, which provides free smoke detectors to residents. The award was accepted by Brandon Dorenbush on behalf of Fire Chief Tualla and the department; PASTOR RAUL GRANILLO of Mercy Springs Church announced that the church would be hosting an immigration workshop offering free resources, including access to lawyers and accredited representatives, to assist with citizenship, document renewals, permanent residency, and legal rights. He encouraged the community to recognize that life and law are complicated, and emphasized the importance of listening to and sharing stories to foster understanding and compassion; BLANCHE JORGE, a downtown resident, spoke regarding two letters received by the city from residents who benefitted from animal shelter programs. She thanked Sergeant Ivan Mendez and shelter staff for their efforts and summarized the letters of appreciation, which included gratitude from a single resident who experienced an overwhelming situation. She then spoke about the shortage of veterinarians in Los Banos, noting that the city’s population of nearly 50,000 should ideally be supported by six veterinarians, but currently has fewer. She suggested that the city consider ways to recruit veterinarians, either from other communities or by supporting new practitioners locally, and encouraged promoting Los Banos as a pet-friendly city. She closed by thanking the council for its continued support. City Clerk Mallonee read a letter from Julie Creighton raising concerns about environmental issues. The Mayor responded, clarifying his previous comments and addressing the chromium-6 mandate. He explained that state standards have recently changed, which placed the city out of compliance, and noted that the city is working with the state to create a plan for compliance and ensure public safety. 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 items as follows: Check Register for #253002 – #253548 in the Amount of $3,359,970.68; City Council Meeting Minutes for August 6, 2025; City Council Adjourned Meeting Minutes for August 7, 2025; City Council Special Meeting Minutes for August 14, 2025; City Council Special Meeting Minutes for August 18, 2025; City Council Special Meeting Minutes for August 25, 2025; City Council Resolution No. 6975 – Approving the Acceptance of a $14,874 UC Davis Koret Shelter Medicine Grant in Connection with California for All Animals Program and Amending the Fiscal Year 2025-2026 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $14,874; City Council Resolution No. 6976 – Approving Amendment to the Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority; City Council Resolution No. 6977 – Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998; City Council Resolution No. 6978 – Authorizing the Chief of Police to Sign a Memorandum of Understanding with the County of Merced for the County Violence Interruption and Prevention Emergency Response (V.I.P.E.R.) Team; City Council Resolution No. 6979 – Approving Parcel Map No. 2023-01, which Includes Dedications of Public Utility Easements as Shown on the Map and a 20’ Widening Along Ward Road and Ward Court, Portions of APNs: 084-030-004, 084-030- 047, and 084-030-048 (Guelah, LLC); City Council Resolution No. 6980 – Accepting the Animal Shelter Rehabilitation Project as Complete and Authorizing the filing of a Notice of Completion with the Merced County Recorder (Taylor Backhoe Service, Inc.); City Council Resolution No. 6981 – Authorizing the City Manager to Issue Purchase Orders for Equipment and Vehicles Through the Cooperative Procurement Contract with Sourcewell as Follows: Dump Truck from Gibbs International Inc. for $147,822.74, Compact Loader from Holt of California for $112,501.93, Wheel Loader with Bucket from Holt of California for $217,629.49, Backhoe from Holt of California for $169,097.32, Generator from ES Energy Systems for $138,968.78, and Tractor with Triple Flail Mower from Tiger Mowers, Inc for $271,410.03; City Council Resolution No. 6982 – Authorizing the Interim City Manager to Enter into an Agreement with EC America, Inc. a Subsidiary of ImmixGroup, for the Purchase of Procore Project Management Software and Amend the Fiscal Year 2025-2026 Budget by Increasing Expenditures in the Amount of $53,177.00. The motion carried by the affirmative action of all Council Members present, Lewis absent. CITY COUNCIL RESOLUTION NO. 6977 – APPROVING AND ADOPTING A POLICY FOR THE DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NONPAYMENT IN COMPLIANCE WITH SENATE BILL 998. Finance Director Moreno presented the staff report, which included a PowerPoint presentation. She reviewed consumer protections, notice requirements, exemptions, and reconnection fees. Council Member Chavez asked whether late fees are waived every 12 months or may be waived. Finance Director Moreno clarified they may be waived at the City’s discretion. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6977 – Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998. The motion carried by the affirmative action of all Council Members present, Lewis absent. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF PROPOSED AMENDMENTS TO THE MOBILE FOOD VENDOR ORDINANCE (ARTICLE 36 OF TITLE 9 CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE); ORDINANCE NO. 1209 – AMENDING ARTICLE 36 OF TITLE 9, CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE REGARDING MOBILE FOOD VENDING (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Mayor Amabile opened the public hearing. IVAN GONZALEZ, a food truck owner in Los Banos, spoke in favor of the ordinance and expressed hope that the council would support the proposed changes. Another individual, who remained unnamed, also spoke in support and mentioned that she had submitted a letter regarding her disability. CARLOS FLORES from District 1 shared his perspective, noting that he has gotten to know the food vendors and recognizes the hard work and investment required before turning a profit. He emphasized the progress being made with food vendors and encouraged the council to take this into consideration, particularly during challenging times such as the hot season and rainy season. Flores commended city staff for developing the ordinance and thanked the council. A letter was also read aloud by the City Clerk from NINA VILLAGOMEZ in support of the ordinance. No one else coming forward to speak. Mayor Amabile thanked Council Member Chavez for personally visiting the mobile food vendors, listening to their concerns, and bringing their ideas back to the city. Council Member Sanders asked about any additional costs to the process, and Stacy explained that the costs would be absorbed into the current process. Mr. Amabile compared the mobile food truck park to the Friday farmers market, and Ms. Souza Elms clarified that while special events like the farmers market are exempt, the ordinance outlines a process that food trucks must go through. Mr. Amabile reflected on how the city’s process, through the planning commission, first reading, and second reading, can seem lengthy and frustrating but is designed to be fair for all. He thanked staff and Interim City Manager Brizzee for implementing a temporary solution in the meantime. Council Member Chavez acknowledged the frustrations of the process, empathizing with the vendors, and expressed regret that it has taken so long, but explained that these are the rules the city must follow. Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1209 – Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. The motion carried by the affirmative action of all Council Members present, Lewis absent. Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1209 – Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. The motion carried by the following roll call vote: AYES: Chavez, Sanders, Amabile; NOES: None; ABSENT: Lewis. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2025 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD OCTOBER 8-10, 2025 IN LONG BEACH, CALIFORNIA. Motion by Sanders, seconded by Chavez to designate Council Member Lewis as the voting delegate and Finance Director Moreno as the alternate delegate. The motion carried by the affirmative action of all Council Members present, Lewis absent. CITY DEPARTMENT REPORTS. Community & Economic Development. Director Souza Elms reported that a Request for Qualifications (RFQ) for the Civic Center Plan, specifically the reuse of the Police Annex into a Development Services Center, is due back from qualified entities tomorrow at 2:00 p.m. The notice of award is anticipated to be presented to the City Council on October 15, pending selection of the architect and contracting team. Staff also noted that analysis is underway for potential reuse of the old police station. Finance. No report Fire. Assistant Chief Dorenbush reported receiving a new Type 6 brush truck, expected to arrive late today or early tomorrow. They also addressed a recent brush fire on Moraga Avenue, which burned grass and was quickly contained with support from the department, noting that it was primarily a county call. The department thanked the Council for their support. Human Resources. No report Parks & Recreation/Public Works. Director Heim highlighted that tickets are on sale for the 40th Annual Salute to Seniors event, scheduled for Friday, September 26th, congratulated Teresa Nava who was recognized as Employee of the Month for her significant contributions and training within the department. Updates on several park projects were provided, including progress on pickleball courts, shade structures, and other improvements. A public meeting for the Pioneer Complete Streets project is scheduled for September 9 at 6 p.m. at the Community Center to review the project design. The department also submitted grant applications for the canal trail overlay and a staff position in solid waste, and finalized the landfill closure and post-closure maintenance plan. Additionally, the animal shelter’s renovation was completed and is now operational, with thanks to Sergeant Mendez for her work. Police. Sergeant Mendez highlighted current hiring updates, with four candidates scheduled to attend the academy in mid-September, one candidate in backgrounds attending the Stockton Police Academy, and one lateral candidate from the Fresno Police Department. Upcoming events include two officers being honored at the Arts Council Hometown Heroes event this Saturday, a tour of the department by Manteca Police Department on September 8, the grand opening of the animal shelter on Tuesday, September 9 at 10 a.m., and the administration team attending the County Chiefs meeting on September 10. CITY MANAGER REPORT. Interim City Manager Brizzee apologized for the earlier confusion regarding the League of California Cities conference and provided updates on city projects. He highlighted the Development Services Center project, noting it will double City Hall’s footprint and is a long-overdue initiative. Mr. Brizzee reported that Shauhnessy Park is progressing well, with completion expected in the coming months, and reminded the council of the Animal Shelter Grand Opening on September 9 at 10:00 a.m. He provided an update on Ortigalita Road improvements, with Mr. Heim adding that a four- way stop is expected by November 24 and traffic signals by March 10, 2026. Regarding street repairs, Mr. Heim explained that Phase 1 and Phase 2 of the 2026 street rehabilitation projects are in design, with streets identified for each phase. Council Member Chavez raised code enforcement issues and questions about speed bumps; Mr. Brizzee responded, noting a process for residents to request speed cushions and that these topics had also been discussed during Parkside Chats. CITY COUNCIL MEMBER REPORTS: DISTRICT 1: Vacant EVAN SANDERS – DISTRICT 2: Reported on the progress of the food truck ordinance, noting that while the process can be slow and sometimes frustrating, it ensures fairness and consistency. He emphasized that the council works to respond to community concerns, citing the food truck ordinance as an example of addressing issues brought before them. Mr. Sanders also highlighted improvements at Snow Goose Park, particularly the large shade canopies being installed over play structures, which will provide more comfortable outdoor spaces for children and families. MARCUS CHAVEZ – DISTRICT 3: Echoed Council Member Sanders’ comments, emphasizing the importance of the council’s process in considering community input and making decisions that reflect the needs of all districts. He noted that while some proposals may face opposition, the process allows for fair evaluation and decision-making. Chavez also made a lighthearted reference to nostalgic playground experiences. District 4 Council Member Deborah Lewis was absent and will be present at the next meeting. DEBORAH LEWIS – DISTRICT 4: Excused absence MICHAEL S. AMABILE – MAYOR: Provided updates on recent city activities and engagements. He noted that a history tour a few weeks ago was well attended, with approximately 75 participants, and praised the Art Council and American Museum Society for organizing it. He met with students from San Diego State and Penn State working on a federal grant regarding solar projects in the Central Valley, providing them with information about local projects. He also met with Assemblymember Esmeralda Soria to discuss state budget updates and potential grant opportunities for the city. The Mayor highlighted a recent 2-by-3 meeting with city council and school board members to coordinate planning for future school sites and ensure long-term alignment in development. He recognized the grand opening of Walmart, noting their contributions to local nonprofits and ongoing improvements at the site. Additionally, he attended the American Filipino Association’s “Queens of Queens” dinner, where he participated in crowning the queen and commended the organization for its community involvement. The Mayor reported that the city sent a letter to Merced County Associated Governments opposing the use of local SHOP funds for the Highway 152 project near St. Louis Dam, as it would divert city-designated funds for a county project. He also discussed ongoing efforts with Assemblymember Adam Gray to address disparities in Medicare payments to healthcare providers in Merced County, noting that proposed legislation could help attract and retain doctors in the area. Finally, the Mayor congratulated the candidates for the District 1 election, noting the challenges of district-based elections in smaller cities. He stated that election results are pending certification, and the successful candidate will be sworn in at an upcoming council meeting. CLOSED SESSION – PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(B). No reportable action taken. ADJOURNMENT. The meeting was adjourned at 8:18 pm. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk