City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES SEPTEMBER 17, 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 6:02 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Member Evan Sanders – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile, District 1 – vacant; ABSENT: None STAFF MEMBERS PRESENT: Interim City Manager Brizzee, 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: Motion by Lewis, seconded by Chavez to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present. 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 gave an update on District 1 Special Election stating that the Merced County Elections Department has completed all activities related to the Los Banos City Council District 1 special election held on August 26, 2025; although state law allows up to 30 days for certification, the election was certified early on September 17, 2025, to allow preparation for the November statewide special election. Seven ballots required curing for signature issues, with a deadline of September 15, 2025. A full hand count was conducted, matching the machine tabulation. As of today, the City has not yet received the official certification results. Once received, acceptance of results and the oath of office for the new Councilmember are anticipated at the October 1, 2025, regular meeting. The Elections Department expressed appreciation for the work of candidates, City staff, and voters in ensuring a fair and transparent process. Mayor Amabile invited the public to come forward to speak. CARLOS FLORES of District 1 raised concerns about hexavalent chromium in the City’s water supply. He explained how chromium 3, naturally present in aquifers, can convert to the more dangerous chromium 6 due to industrialization, farming practices, and reduced groundwater levels that no longer dilute contaminants. Mr. Flores questioned why contamination issues near the airport, reportedly discussed since 2008, have not been fully addressed, and asked what will happen to the airport land if housing is built there given its contamination. He also voiced concerns about developer influence on City decisions, the lack of adequate retail growth compared to housing development, and the broader issue of environmental contamination throughout the Central Valley. Mr. Flores urged the Council to prioritize public health and transparency, stressing that water contamination directly affects families, children, and future growth in the community; LARRY BYERS, a member of the Tree Commission, shared his positive experience receiving emergency care from Riggs Ambulance and Los Banos Memorial Hospital after a recent accident. He informed the Council that Sutter Health is planning to build a new hospital in Los Banos, as retrofitting the current facility to meet earthquake standards is too costly. Mr. Byers advocated for the inclusion of a trauma center, noting that Merced County currently has no trauma centers and that accident victims are often airlifted to hospitals outside the area. He encouraged the Council to support efforts to raise healthcare worker salaries to attract and retain qualified staff, emphasizing the importance of improving access to higher levels of care in Los Banos; AMAL MAROOF, a student at Merced College, thanked the Council and staff for visiting her classes, noting the positive impact of their visit. She expressed appreciation for their thoughtful responses, advice, and encouragement to students, stating that the experience inspired students to remain engaged in their community and consider their own future contributions; Another community member praised the Mayor, Council, and staff for their ongoing service and dedication to Los Banos. GREG WELLMAN reflected on regional water issues, citing past contamination challenges with chemicals, and emphasized the importance of continued leadership in addressing water and healthcare concerns. He also recognized the Mayor’s long tenure and the commitment of Councilmembers and staff in serving the community; BLANCHE JORGE provided an update on efforts to manage the feral cat population. She reported that in District 4, 21 feral cats were recently trapped, with many placed in rescues or shelters, including kittens that were adopted quickly. She described ongoing community outreach and education to help residents understand the difference between stray and feral cats and the importance of reducing unvaccinated animal populations for public health. Ms. Jorge thanked the Police Department and shelter staff for their continued cooperation; TONY WHITEHURST expressed gratitude to the Council for appointing Nirorn Than as the incoming City Manager and thanked Mr. Tan for accepting the position. He highlighted Mr. Than’s qualifications and past contributions to the City, particularly his engineering expertise and ability to address water, transportation, and infrastructure challenges. Mr. Whitehurst voiced optimism that Mr. Than’s leadership will strengthen partnerships with regional agencies and lead to meaningful progress on long-standing issues facing Los Banos. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested to pull item 6D – City Council Resolution No. 6985 – Approving and Electing to “Opt In” to the Purdue Settlement and Secondary Manufacturers’ Settlement and Authorizing the City Manager to Execute Participation Agreements and Related Documents Relating to the National Opioids Settlements for discussion. Motion by Chavez, seconded by Sanders to approve the consent agenda items as amended as follows: Check Register for #253549 – #253743 in the Amount of $1,549,431.04; City Council Resolution No. 6983 – Approving the Annual Local Transportation Fund (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2024-2025; City Council Resolution No. 6984 – Authorizing and Ratifying the City’s Participation in the Homeland Security Grant Program and Authorizing the City Manager on Behalf of the City of Los Banos to Enter into the Standard Grant Assurance Agreement with Cal-OES and a Subrecipient Agreement with the County of Merced; City Council Resolution No. 6985 – Approving and Electing to “Opt In” to the Purdue Settlement and Secondary Manufacturers’ Settlement and Authorizing the City Manager to Execute Participation Agreements and Related Documents Relating to the National Opioids Settlements. The motion carried by the affirmative action of all Council Members present. City Council Resolution No. 6985 – Approving and Electing to “Opt In” to the Purdue Settlement and Secondary Manufacturers’ Settlement and Authorizing the City Manager to Execute Participation Agreements and Related Documents Relating to the National Opioids Settlements. Council Member Lewis provided background on national opioid lawsuit settlements involving pharmaceutical companies such as McKesson and Johnson & Johnson, noting that California is set to receive $440 million from the Purdue settlement. He explained that funds will be distributed to jurisdictions through an opt-in process, possibly administered by Merced County, and sought clarification on how Los Banos may access and utilize the funds. Staff reported that eligible uses could include assisting unhoused individuals with substance use treatment and developing inpatient detox services, either through service providers or by allocating funds to the County Department of Public Health for countywide programs. Additional settlements totaling billions of dollars nationwide are also expected from other pharmaceutical companies. Staff confirmed that the City’s Housing Program Manager is monitoring the settlement process and eligibility requirements to identify opportunities for the City. Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6985 – Approving and Electing to “Opt In” to the Purdue Settlement and Secondary Manufacturers’ Settlement and Authorizing the City Manager to Execute Participation Agreements and Related Documents Relating to the National Opioids Settlements. The motion carried by the affirmative action of all Council Members present. SAN LUIS RESERVOIR UPGRADE PRESENTATION – BY PABLO ARROYAVE, CHIEF OPERATING OFFICER WITH THE SAN LUIS & DELTA-MENDOTA WATER AUTHORITY. Interim City Manager Brizzee presented the staff report and introduced Pablo Arroyave, Chief Operating Officer of the San Luis & Delta-Mendota Water Authority, who presented an update on the San Luis Reservoir Dam Raise Project. He explained that the project is a partnership between the Water Authority and the Bureau of Reclamation to address seismic safety concerns at the reservoir and to expand storage capacity. The federal Safety of Dams project is currently underway and will add 10 feet of height to the dam, providing no additional storage but improving safety. Following its completion in 2028–2029, the Water Authority plans to add an additional 10 feet, which will create 130,000 acre-feet of new water storage, approximately a 15% increase in capacity. Mr. Arroyave noted that the project is estimated at $1 billion, with nearly half of the cost related to raising a three-quarter mile section of Highway 152 by 10 feet. Caltrans is working with the Water Authority on a traffic study to minimize impacts on commuters and emergency response. Construction on the road section is projected for 2029–2030 and expected to take about one year. He stated that the additional storage will benefit both agricultural and municipal/industrial water users, including Valley Water (San Jose area), Wetlands Water District, San Benito Water District, Del Puerto Water District, the City of Tracy, and Byron Bethany. Mr. Arroyave confirmed that the wetlands and refuge system around Los Banos will also benefit indirectly. There was Council Member discussion regarding project timing, traffic impacts, water allocation between agriculture and municipal users, and potential connections to growth in areas such as Tracy Hills. Mr. Arroyave emphasized the importance of the project for drought resilience and confirmed that community outreach will begin in 2028. He offered to provide further information to the City as planning advances. Information item only, no action taken. 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 (SECOND READING & ADOPTION). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. Mayor Amabile opened the public hearing. UNNAMED PERSON expressed her gratitude to the City Council for listening and engaging with the community and thanked the Council for their time, support, and attention to local issues. No one else came forward to speak and the public hearing was closed. Motion by Chavez, seconded by Sanders to waive the second 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. Motion by Chavez, seconded by Sanders to adopt 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, Lewis, Sanders, Amabile; NOES: None; ABSENT: None. VINEYARD DRIVE/DOVE STREET AND STATE ROUTE 165 INTERSECTION CONTROL ALTERNATIVES. Acting Public Works Director/Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation. The City Council held lengthy discussion regarding proposed improvements at the intersection of Vineyard Drive, Dove Street, and State Route 165. The project, a City-led effort in coordination with CalTrans, aims to improve traffic circulation, safety, and emergency response by establishing a full four-way intersection. The Council reviewed data from traffic studies, public meetings, and concept evaluations comparing a traffic signal, a single-lane roundabout, and a no-build option. Two public meetings were held, with attendance ranging from 25 to 75 residents, where concerns were raised about pedestrian and bicycle access, large truck traffic, proximity to nearby parks and residences, safety, and project costs. Staff presented data indicating that a roundabout would improve traffic flow, reduce total crashes by 39%, decrease serious injury crashes by nearly 90%, and lower long-term maintenance costs. Emergency services expressed support for the roundabout, noting its benefits for traffic calming and safety. Council members discussed concerns about public familiarity with roundabouts, pedestrian visibility, and emergency vehicle access, including crosswalk treatments and flashing beacon options. After discussion, Council Members Sanders, Chavez, and Amabile expressed support for the roundabout, while Council Member Lewis preferred a traffic signal. The Council recommended moving forward with the preferred alternative, directing staff to continue detailed design, environmental review, and funding efforts, while incorporating appropriate pedestrian and bicycle safety measures. Staff thanked all attendees and acknowledged contributions from project partners, including Caltrans, Mark Thomas, and community stakeholders. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6986 – APPOINTING A CITY MANAGER AND APPROVING AND AUTHORIZING THE EXECUTION OF THE LOS BANOS CITY MANAGER EMPLOYMENT AGREEMENT. Interim City Manager Brizzee presented the staff report. summarizing the recruitment process, noting it began in February 2025 with the hiring of a firm to assist in the search. The process included advertising the position, screening 41 applicants, multiple council meetings and closed sessions, interviews, and Zoom meetings, ultimately narrowing the candidates to finalists. Nirorn Than was selected due to his extensive experience in municipal government, public works, civil engineering, city management, capital improvement programs, multi-million-dollar budgets, and initiatives that promote sustainable city growth and regional collaboration. The employment agreement outlines a three-year initial term beginning November 3, 2025, with a possible two-year extension. The base salary is $238,000 annually ($19,900/month), with annual 5% step increases, standard employee benefits including medical, dental, vision, life insurance, CalPERS retirement, retiree health savings, deferred compensation, sick leave, vacation, administrative leave, educational incentive pay, and bilingual pay. Additionally, Mr. Than will receive a $550 monthly car allowance and $100 monthly cell phone allowance. The fiscal impact of the agreement was reviewed and deemed within the adopted 2025–26 budget. Council Members praised Mr. Than for his intelligence, professionalism, and commitment to the community, noting the importance of appointing a manager who is invested in Los Banos and works collaboratively with the Council and staff. Several Council Members remarked on the competitive selection process, emphasizing Mr. Than’s local roots, strong character, and consistent professionalism throughout interviews and prior interactions with the Council. The Council expressed confidence in his ability to continue the progress made by Interim City Manager Brizzee. Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6986 – Appointing a City Manager and Approving and Authorizing the Execution of the Los Banos City Manager Employment Agreement with Soknirorn Than. The motion carried by the affirmative action of all Council Members present. Mr. Than addressed the City Council, expressing his honor and humility at returning to serve the community, emphasizing his dedication to working collaboratively with staff and the City Council, and highlighting his focus on maintaining a culture of openness, collaboration, and innovation. He thanked his family, friends, and the Los Banos staff for their support and guidance. Council Members welcomed Mr. Than and he briefly discussed spoke about the Gustine roundabout, highlighting its successful implementation, traffic and safety improvements, and plans for additional roundabouts in the community. COUNCIL MEMBER REQUEST REGARDING CITY RENTAL PROPERTIES (MAYOR PRO TEM LEWIS). Council Member Lewis spoke regarding her request to have the Council consider hiring a commercial agency to evaluate city-owned properties. She explained that a recent lease of one of the city’s buildings highlighted the lack of standardized costs based on square footage and market value. Her request is aimed at hiring a professional organization to review all city-owned properties that are leased or rented to private organizations, 501(c)(3)s, or other entities, to determine fair market rates and reduce the burden on staff. Mayor Amabile asked how the process would be carried out, and Finance Director Moreno recommended issuing a Request for Proposal (RFP) for a market rate study, ensuring that proposals are collected and an evaluation is completed to establish appropriate market rates for all city properties. The Council acknowledged that the study would have a cost, but there were no objections, and all Council Member members present, Sanders, Chavez, Lewis, and Amabile, voted in favor of moving forward with the request. CITY DEPARTMENT REPORTS. Community & Economic Development. Director Souza Elms reported that a public meeting will be held on September 25th from 6:00 to 7:30 p.m. at the Community Center regarding a proposed amendment to the 2042 General Plan. The amendment focuses on removing the bypass from the plan to align with the upcoming Transportation Master Plan, which analyzes city circulation without the bypass. Adjustments will also be made to the sphere of influence and land uses in the northern area to follow parcel lines rather than the bypass. The public meeting will be conducted in an open house format with land use maps displayed for community feedback. It was noted that the possibility of constructing a bypass along Las Banos is no longer feasible, as Caltrans will not fund the project, which would cost approximately $700 million to $1 billion, and planning will instead focus on reasonable and feasible transportation options. Finance. Director Moreno reminded residents of the new water service disconnection policy and encouraged those with high bills or financial/medical needs to arrange payment plans. She also announced the promotion of a finance manager and reported that the department is working with multiple auditors to meet deadlines and provide timely audit reports. Fire. Chief Tualla thanked the Council, City Manager, and Finance for their support with the budget. He provided updates on the Battalion Chief position, noting testing will be completed soon, and announced a firefighter starting tomorrow. He also introduced the new Type 6 wildland engine, which will help mitigate vegetation fires without using larger engines. Human Resources. No Report Parks & Recreation/Public Works. Director Heim provided updates on Shaughnessy Park, noting playground amenities and landscaping are in place, with a projected fall opening (except for the basin area, which will open once grass is established). He highlighted the 40th annual Sluice Seniors event at the end of September, upcoming Halloween Fest, and general busy fall activities. Heim also mentioned upcoming Parks public meetings for projects including South Point Basin, the Pump Track, Vineyard B Park, and the Splash Pad. He provided a brief update on the Pioneer project, to be fully presented at the October 1 Council meeting. Finally, he thanked the fleet team for their work on recent equipment and vehicle purchases despite being short-staffed. Police. Chief Reyna provided updates on the department’s recent training and staffing. He noted completion of additional Taser 10 training and ongoing use of body-worn cameras, emphasizing their role in officer and community safety. Chief highlighted the promotion of Ashley Greco to Records Supervisor and Sergeant Ramon McDonald to a police administration position. He reported identifying four new police officer trainees who will attend the Fresno Police Academy, with another officer graduating from the Delta Police Academy next month. The department is also recruiting a lateral officer from the Fresno Police Department and plans to continue sending officers to the academy. CITY MANAGER REPORT. Interim City Manager commended the City Council’s selection of Nirorn as the new City Manager, highlighting Nirorn’s familiarity with ongoing projects, intelligence, energy, and ability to lead a smooth onboarding process. He expressed confidence that staff will support Nirorn, noting that staff success and the City Manager’s success are closely linked. Regarding the recently approved roundabout, Mr. Brizzee emphasized the importance of the project for traffic flow improvements and future planning, noting observations of morning traffic congestion at the H Street and Badger Flat intersection. He underscored that Council approval enables staff to pursue funding, studies, or design work through agencies like MCAG. On public concerns related to Chromium-6, Mr. Brizzee reassured the public that the city maintains transparency, providing resources and documents on the city’s website in both English and Spanish, and encourages residents to reach out directly with questions. Mr. Brizzee addressed Human Resources operations, noting that the department manages numerous personnel tasks daily, including the recruitment process for dozens of open positions and hundreds of applicants, reflecting the city’s ongoing staffing efforts following the approval of 19 new positions in the current fiscal year. Mr. Brizzee addressed concerns regarding contamination near the airport and west-side wells and explained that while some water in that area has historically been contaminated, current state-mandated testing by the California Water Control Board, one of the strictest regulatory agencies in the nation, shows no contamination beyond normal thresholds except for hexavalent chromium. He noted that all water quality reports are available on the Chromium-6 page of the city’s website and encouraged the public to review them or reach out with questions. CITY COUNCIL MEMBER REPORTS: EVAN SANDERS – DISTRICT 2: Shared several observations and concerns regarding the planned roundabout. He emphasized that any lighting installed should not negatively impact nearby homes and suggested including traffic-calming measures to prevent misuse, such as people performing donuts. He also expressed concern that opening Vineyard as a bypass could create traffic issues on the north side of town, noting similar problems with other roads. Additionally, he mentioned attending the animal shelter grand opening, welcomed the new city manager appointment, and noted that the Council will soon be at full strength with the final member joining. MARCUS CHAVEZ – DISTRICT 3: Council Member Chavez highlighted the recent animal shelter opening, recognizing it as a significant achievement and thanking staff for their efforts in making it possible. He also addressed the ongoing work to manage the local encampment, noting that while it remains an imperfect situation, substantial improvements have been made through the coordinated efforts of the Fire Department, Public Works, and other city staff. Mr. Chavez acknowledged positive public feedback on these efforts and commended staff for their dedication and hard work. He concluded with a brief, lighter note expressing anticipation for the cooler temperatures of the upcoming autumn season. DEBORAH LEWIS – DISTRICT 4: Congratulated Nirorn Than on his appointment as City Manager, noting his intelligence and prior experience serving as Public Works Director/City Engineer and Director of Parks & Recreation. She also attended the animal shelter grand opening, praising staff, volunteers, and the funding that enabled the purchase of the shelter building. Regarding local transportation, Lewis noted that the state removed the Los Banos bypass from consideration around 2015–2016, and the City is focusing on the Pioneer Corridor to improve traffic flow along Highway 152. She provided an update from the August Air Board meeting, emphasizing wildfire activity in the region, including the Gafford Fire and Garnett Fire, and offered guidance for residents on creating safe air spaces using affordable air filtration methods. Ms. Lewis also highlighted ongoing challenges with meeting federal and state air quality standards and reported on funding requests for the 2025–26 cycle, including $2 million for agricultural truck replacement, $3 million for community air protection, and $100 million for the “Clean Cars for All” program. She concluded noting that the state budget for 2025–26 had not yet allocated funding for these programs, but expressed hope for future support. DISTRICT 1: Vacant MICHAEL S. AMABILE – MAYOR: Provided updates on several community events and city initiatives. He highlighted the 40th Annual Salute to Seniors on September 26, which will feature informational booths and services for seniors and residents of all ages. He also discussed the dedication of the new Veterans Memorial at the Los Banos Cemetery, honoring all military branches, and praised the contributions of staff and volunteers. The Mayor attended the grand opening of the new animal shelter, noting its importance for the community and the potential need for future expansion. He also spoke to a Merced College economics class and encouraged residents to participate in Library Card Month and visit the Milliken Museum. Additionally, he attended the Downtown Association Farm- to-Table Dinner, recognizing Robert Silva as Farmer of the Year and noting the event’s support for the FFA. Looking ahead, he will attend a LAFCO meeting to review the Municipal Service Review for Las Banos, focusing on long-term city service planning. He concluded by emphasizing community engagement and ongoing civic initiatives. CLOSED SESSION – PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(B). No reportable action taken. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6). AGENCY DESIGNATED REPRESENTATIVES: INTERIM CITY MANAGER BRIZZEE, HUMAN RESOURCES DIRECTOR MALLONEE, CITY ATTORNEY VAUGHN, LEGAL COUNSEL TUFFO. EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION, LOS BANOS POLICE DISPATCHERS ASSOCIATION, LOS BANOS POLICE MIDDLE MANAGERS ASSOCIATION, LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION, LOS BANOS FIRE FIGHTERS ASSOCIATION, PUBLIC EMPLOYEES’ UNION LOCAL 1 AND UNREPRESENTED/MISCELLANEOUS EMPLOYEES. No reportable action taken. ADJOURNMENT. The meeting was adjourned at 9:50 p.m. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk