City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES NOVEMBER 5, 2025 ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For a detailed account of this meeting, refer to the video recording available on YouTube, which serves as a permanent record. CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:06 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile; ABSENT: Council Member Mitzy Perez – District 1 STAFF MEMBERS PRESENT: City Manager Than, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Police Chief Reyna, Public Works Director Via, Assistant Fire Chief Dorenbush, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that Item 10 - UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) is being moved up to be heard after the consent agenda. Motion by Lewis, seconded by Chavez to approve the agenda as amended, with the movement of Item 10 - UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) to be heard after the Consent Agenda. The motion carried by the affirmative action of all Council Members present, Perez absent. PRESENTATIONS. PROCLAMATION COMMEMORATING VETERANS DAY NOVEMBER 11, 2025. Mayor Amabile presented the proclamation the veterans in attendance. MIKE HUGHES, representing the VFW CERTIFICATES OF RECOGNITION FOR THE VETERANS DAY PARADE. MIKE HUGHES and PATRICIA McCOY, representing the Los Banos VFW, presented the commemorative flag award to Grasslands Elementary School for being named as most patriotic elementary school for its entry in the 2025 Veterans Day Parade. Mayor Amabile presented a Certificate of Recognition and Karthik Prasad, on behalf of Congressman Adam Gray, also presented a certificate of recognition. MIKE HUGHES and PATRICIA McCOY, representing the Los Banos VFW, presented the commemorative flag award to Creekside Junior High School for being named as most patriotic junior high school for its entry in the 2025 Veterans Day Parade. Mayor Amabile presented a Certificate of Recognition and Karthik Prasad, on behalf of Congressman Adam Gray, also presented a certificate of recognition. MIKE HUGHES and PATRICIA McCOY, representing the Los Banos VFW, presented the commemorative flag award to Los BAnos High School for being named as most patriotic high school for its entry in the 2025 Veterans Day Parade. Mayor Amabile presented a Certificate of Recognition and Karthik Prasad, on behalf of Congressman Adam Gray, also presented a certificate of recognition. PROCLAMATION RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE OFFICER TERESA PROVENCIO. Mayor Amabile presented the proclamation for which Police Chief Reyna accepted on Teresa Provencio’s behalf. CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR OCTOBER 2025 – BRAD BASCUE, MAINTENANCE WORKER I, PARKS & RECREATION DEPARTMENT. Mayor Amabile presented the certificate, for which Mr. Bascue was present to accept. CITY COUNCIL RESOLUTION NO. 7007 – COMMENDATION TO GARY M. BRIZZEE, JR. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 7007 – Commendation to Gary M. Brizzee, Jr. The motion carried by the affirmative action of all Council Members present, Perez absent. Mayor Amabile and Council recognized and honored Interim City Manager Gary Brizzee for his long and dedicated service to the City of Los Banos, the Resolution of Commendation was read, noting his nearly 30 years of service, including his career in the Police Department (1995–2023) and his four appointments as Interim City Manager. Council Member Lewis expressed appreciation for Gary’s commitment and dedication, noting that he has always been dependable, even when recognition events were not his preference. She thanked him for helping the City move forward and wished him well in retirement, singing, “Happy trails to you… we hope we don’t meet again,” meaning she hopes he can now fully enjoy retirement. Council Member Chavez thanked Mr. Brizzee for his service and support, adding a lighthearted remark about having a “prepared speech,” then acknowledging he did not want to make the moment more difficult, closing with his appreciation. Council Member Sanders thanked Mr. Brizzee for his professionalism and humorously acknowledged his attire for the occasion. He expressed personal gratitude, noting that Gary significantly helped ease his transition into public office and provided strong support during her early time on the Council. Mr. Brizzee thanked City staff, stating that those he worked with daily made his job easier and that together they experienced both busy and quieter periods. He thanked the City Council for their support and trust, noting they “got a lot accomplished.” He closed by thanking his family, including his mother and especially his wife, who has supported him “through thick and thin,” joking about the length of time being “38 years… technically 27.” He expressed his appreciation to all. Police Chief Reyna introduced new Police Officer David Peralta noting that Officer Peralta recently completed the Delta Police Academy in Stockton and has begun employment with the City and is currently in the City’s training program. Police Officer Peralta shared brief remarks, stating he is excited to join the department and looks forward to a long and rewarding career in Los Banos. He expressed appreciation for the community’s strong family values and said he looks forward to getting to know community members as he serves. The Mayor welcomed Officer Peralta and thanked him for choosing to serve in Los Banos. PRESENTATION AND DISCUSSION REGARDING THE FEDERAL SHUTDOWN AND THE IMPACTS ON THE CALFRESH PROGRAM – BY JOHN CECCOLI, DIRECTOR OF THE MERCED COUNTY HUMAN SERVICES AGENCY. Merced County Supervisor Scott Silveira (District 5) introduced the item and stated that the federal government shutdown has delayed CalFresh (SNAP) benefits, and that many residents in Merced County are being affected. He explained that under the leadership of Human Services Agency Director John Ceccoli, the County opened a Department Operations Center to coordinate with partner agencies, food pantries, and the Merced County Food Bank to support families during the disruption. He emphasized the need to share accurate information and to support donation efforts. Mr. Ceccoli provided a detailed presentation regarding the scope of the CalFresh disruption and County efforts to mitigate impacts. He reviewed timelines related to the shutdown, household statistics, and coordination efforts with community partners such as Bethel Community Church, Merced County Food Bank, school districts, and 2-1-1. He noted that free transportation through The Bus is being offered to assist individuals in accessing food resources. He stated that donation sites, including Fire Station 71 in Los Banos, are available for community members wishing to contribute food. He thanked the City for proactively requesting this presentation. City Council and the City Manager thanked Supervisor Silveira and Director Ceccoli for their clear communication and coordination 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 opened the public forum making note that there will be time given for comment on the PBID item, which would be addressed later in the meeting. GREG WELLMAN began by expressing deep appreciation for the Mayor, City Council, staff and other public servants for their dedication, sharing reflections from his more than five decades of involvement in local government, social work, and community service. He emphasized the complexity of coordinating California’s numerous cities, counties, and special districts, highlighted the importance of community connection, and praised the City Manager for effectively managing multiple projects. CARLOS FLORES addressed homelessness in the community, expressing frustration with temporary housing conditions lacking trees, shade, and privacy, and raised concerns about delays in utilizing approximately $11 million in state grant funds. He shared observations about court enforcement notices to vacate, questioned why progress has been slow, and linked homelessness to broader social and systemic issues, including mental health, addiction, and minority inequities. He also highlighted local gas price increases, describing them as exploitative for commuters. Representatives from the PACHECO HIGH THESPIAN SOCIETY presented their upcoming fall play, The Outsiders, scheduled for Thursday through Saturday, with two shows on Saturday, and encouraged the community to attend to enjoy live theater and support local students. BLANCHE JORGE, a downtown resident, speaking on behalf of the Elks Lodge, invited veterans to a complimentary luncheon and suggested creating flyers to recruit volunteer pilots to help transport animals for rescue, highlighting the ongoing efforts of shelter staff to place surrendered or injured animals with rescues. KARTHIK PRASAD, representing Congressman Adam Gray, thanked the community for their participation in the Veterans Day Parade and requested City Council support for the Protecting Health Care and Lowering Costs Act, aimed at preserving healthcare access for Valley families, reversing previous budget-related healthcare cuts, and maintaining enhanced ACA premium tax credits. A RESIDENT of the Macarthur Apartments voiced ongoing concerns regarding broken light posts, inadequate maintenance, widespread drug activity, and tenant fear of retaliation, criticizing management and maintenance staff for lack of responsiveness and urging the City Council to address these issues. Finally, a bilingual community member spoke on behalf of a Los Banos resident advocating for the allowance of backyard hens within city limits, emphasizing the benefits of sustainability, educational opportunities, and support for local food production, while suggesting regulations to limit the number of hens, require clean and enclosed coops, and prohibit roosters to manage noise. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Chavez inquired about agenda items 7E – City Council Resolution No. 7010 – Awarding the Bid for the Purchase of Two (2) New 2026 Model ½ Ton Pickup Trucks with Liftgates and Authorize to Issue a Purchase Order in the Amount of $106,060.20 to Ferro Automotive Group dba Fairfield Chevrolet; 7F – City Council Resolution No. 7011 – Awarding the Bid for the Purchase of a New 2026 Model ½ Ton Crew Cab Truck and Authorize to Issue a Purchase Order in the Amount of $48,457.99 to Ferro Automotive Group dba Fairfield Chevrolet; 7G – City Council Resolution No. 7012 – Awarding the Bid for the Purchase of a New 2026 Model Mid-Size Crew Cab 4x4 Truck and Authorize to Issue a Purchase Order in the Amount of $41,642.63 to Ferro Automotive Group dba Fairfield Chevrolet specifically regarding the process for awarding bids and how to keep tax dollars local. Mr. Via explained that santos ford had received the 5% local preference but was unable to meet bid specifications, including engine and bed size requirements, as well as the 60- day delivery timeline, which would have required 90–120 days. ferro automotive group, in contrast, had all vehicles readily available for immediate delivery, making them the successful bidder. Staff clarified that while supporting local businesses is important, all tax dollars from these vehicle purchases will still return to the local area where the vehicles are registered. Mr. Chavez sought guidance on whether anything further could be done to favor local vendors in similar situations, and staff confirmed that tax revenues would benefit the city. Motion by Lewis, seconded by Sanders to approve the consent agenda items as follows: Check Register for #254152 – #254494 in the Amount of $2,929,886.15; First Quarter Investment Report for 2025/2026; City Council Resolution No. 7008 – Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2018 and 2017 as Prepared by Price Paige & Company, Merced County Associations of Governments’ (MCAG) Auditors; City Council Resolution No. 7009 – Approving the Radio Tower License Agreement Between the City of Los Banos and the County of Merced, Authorizing Merced County to Install and Operate Public Safety Radio Communications Equipment on the City-owned Telecommunications Tower Located at the Los Banos Fire Department; City Council Resolution No. 7010 – Awarding the Bid for the Purchase of Two (2) New 2026 Model ½ Ton Pickup Trucks with Liftgates and Authorize to Issue a Purchase Order in the Amount of $106,060.20 to Ferro Automotive Group dba Fairfield Chevrolet; City Council Resolution No. 7011 – Awarding the Bid for the Purchase of a New 2026 Model ½ Ton Crew Cab Truck and Authorize to Issue a Purchase Order in the Amount of $48,457.99 to Ferro Automotive Group dba Fairfield Chevrolet; City Council Resolution No. 7012 – Awarding the Bid for the Purchase of a New 2026 Model Mid-Size Crew Cab 4x4 Truck and Authorize to Issue a Purchase Order in the Amount of $41,642.63 to Ferro Automotive Group dba Fairfield Chevrolet; City Council Resolution No. 7013 – Accepting the Eastern Application Field Irrigation Piping Replacement Project at the Wastewater Treatment Plant as Complete, Authorizing the Filing of the Notice of Completion, Authorizing Release of Retention, and Approving a Budget Amendment to Increase Appropriations in the Wastewater Treatment Fund by $110,320.90; City Council Resolution No. 7014 – Acting as the City of Los Banos Groundwater Sustainability Agency Authorizing the City Manager to Execute the Delta- Mendota Subbasin Groundwater Sustainability Agencies (GSA) Joint Powers Authority Agreement. The motion carried by the affirmative action of all Council Members present, Perez absent. UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID). Mayor announced that City Attorney Vaughn left the Council Chambers because of a conflict. Finance Director Moreno presented the staff report, which included a PowerPoint presentation. Ms. Moreno reported that following council approval of the PBID agreement renewal on May 7, staff collaborated with PBID representatives between June and August to gather financial reports and tax returns from inception to present. On September 7, 2025 solicitations were sent to three qualified audit firms; two submitted proposals, while one declined due to workload. A full six-year audit was estimated between $60,000 and $66,000, exceeding the city’s informal procurement threshold of $30,000. Staff explored scaled alternatives with Price Page and Company, CPAs, the lowest cost respondent, who proposed three engagement options: (1) a compilation engagement covering six years at $27,500, providing no assurance and limited to identifying obvious errors; (2) a review engagement covering four years with limited assurance but without fraud detection or internal control testing; and (3) an audit engagement covering fiscal years 23–24, 24–25, and partial testing of 22–23, including internal control testing, at $28,500, which remained within procurement limits. Ms. Moreno emphasized that the Council’s primary objective is to validate the accuracy and reliability of PBID financials, and staff concluded that option three offered a practical balance between audit integrity and cost-effectiveness. Council was presented with three possible courses of action: issue a formal RFP for a full six-year audit, proceed with option three for a 2.5-year audit within the informal procurement threshold, or provide alternative direction. Costs for option three will be offset against future PBID disbursements as agreed with the downtown association. Additionally, staff noted that retroactive audits could be conducted if findings warrant and that annual audits will continue going forward to ensure ongoing oversight, compliance, and financial accountability. Mayor invited the public who is in favor of the proposal or a certain option to come forward. CAROLYN VIERRA described the origins of the Downtown Association as a grassroots volunteer organization with no salaries or mandatory assessments. She expressed concern that a local business had “hijacked” the group, influencing maps, boundaries, and assessments. She noted that while a majority of downtown business owners voted against renewing the PBID for another 10 years, the city’s majority vote allowed the renewal. She expressed concern about potential yearly assessments of up to 3% and strongly voiced her support for a full audit to ensure accountability and transparency. MARK DUNES, representing the Oddfellows, spoke about his long-standing involvement and investment in the PBID, noting that his business had contributed over $82,000 in assessments over 10 years. He raised concerns that current PBID expenditures may not comply with the assessment agreement, pointing out that funds should be divided into three categories, ,administration/operations (15%), marketing/placemaking (42.5%), and maintenance/security (42.5%, but noted that a fourth category, “small infrastructure,” had been added in the current budget. He emphasized that funds should not be commingled with the DTA and recommended providing five quarterly reports, including profit and loss statements, balance sheets, and 12-month trailing reports. He supported the city’s recommendation for the 2½-year audit, noting that further audits could be conducted if discrepancies or fraud were discovered. ELAINE CORY voiced frustration over repeated requests for financial statements and audits that had gone unfulfilled. She cited a CPA letter stating that prior PBID recordkeeping did not meet standard accounting practices and referenced PBID bylaws requiring audited statements within 120 days of the fiscal year. She emphasized that, due to bad faith and lack of transparency, the city should conduct a full six-year audit to ensure accountability for tax dollars. FRANK VIERRA, owner of Lou’s Beauty Salon, expressed dissatisfaction with the PBID process, including the need to revote due to square footage calculations, rising assessment costs, and lack of notifications for meetings. He stressed that business owners should have direct input over how their tax dollars are spent and expressed concern over the perceived lack of democracy and fairness in the process. KATHY BALLARD, though not a downtown business owner, reviewed PBID reports and noted significant gaps in financial transparency. She supported the 2½-year audit while leaving the option open for a full audit if discrepancies were found. REFUGIO LLAMAS expressed full support for the audit and a desire to see a vibrant downtown, thanking Council Member Lewis for bringing the item forward. MARIBEL spoke about the Downtown Association (DTA) services and accomplishments, noting that the organization operates with a budget of approximately $176,000 to support downtown events, beautification, and safety. She emphasized that the DTA welcomes the audit and accountability but requested inclusion in city discussions and recognition of the DTA’s contributions, such as funding from “Farm to Table” events and banners. She stated the organization operates transparently and seeks collaboration rather than criticism. The City Clerk read letters from property and business owners, including Leah Costa (Fleur Delis), Kathleen Simas (Health Time), Joanne Hoffer, Sean George, Emil D. Areca, Alfred Whitehurst, Trajan J. Soares, Maritza Lopez, Malicio Hernandez, and Patricia Reyes, all urging the completion of the audit by the end of 2025. ELAINE CORY further emphasized the importance of separating the DTA and PBID to ensure transparency and proper handling of tax dollars, noting that concerns relate only to city funds, not the nonprofit’s own operations. Mayor Amabile stated that the previous administration handled the PBID and the current council wants to ensure proper oversight and positive progress for downtown. He asked Ms. Moreno to explain the difference between a six-year audit and a 2½-year audit, noting the shorter audit can start sooner and may be paid over time. Mr. Amabile emphasized that expenditures over $30,000 require a formal process, and the goal is to support, not burden, the Downtown Association (DTA). Tom Kaljian noted the council’s efforts to improve downtown, citing improvements such as cameras, pressure-washed sidewalks, trash containers, and the restoration of the old theater, and expressed support for conducting an audit. Council Member Sanders inquired whether the PBID documentation is sufficient for auditing. Ms. Moreno confirmed that the 2½-year audit can be conducted with available records, with the possibility of requesting additional documents if needed. Council Member Lewis emphasized accountability to the public, noting that tax dollars must be transparent regardless of whether the DTA generated revenue during COVID. She supported a full six-year audit if discrepancies are found but agreed that a 2½-year audit provides a timely starting point. Lewis highlighted the need for separate meetings for DTA and PBID matters and stressed transparency and ethical responsibility. Council Member Chavez noted that the PBID has three funding categories and supported starting with the 2½-year audit, with a full audit if issues arise. Mr. Sanders agreed that the 2½- year audit is a good starting point. Motion by Lewis, seconded by Sanders staff was directed to proceed with a 2½-year audit (option three), with the following conditions: The audit report will be returned to council, if discrepancies are found, a full six-year audit will be conducted, the financial burden of the audit will fall on the PBID/DTA, payments for the audit will be spread over two years, annual audits will be required moving forward to ensure continued oversight and compliance. The motion carried by the affirmative action of all Council Members present, Perez absent. City Attorney Vaughn return to the Council Chambers and his seat at the dais. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2025 CALIFORNIA FIRE STANDARDS CODE, LOCAL CITY OF LOS BANOS AMENDMENTS TO THE CODES, AND JUSTIFICATION OF LOCAL CONDITIONS; ORDINANCE NO. 1211 – ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA FIRE CODE BY AMENDMENT TO TITLE 4 CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE AND ADOPTION OF LOCAL AMENDMENTS THERETO (FIRST READING & INTRODUCTION). Assistant Fire Chief Dorenbush presented the staff report. Eric Gallichio, Deputy Fire Marshall, which included a PowerPoint presentation, speaking in detail to the tri-annual municipal code updates, which occur every three years and align with statewide standards. Public notices were sent in October and posted in the Merced Sun-Star. The updated codes will be effective January 1, 2026. Key changes include alignment with the 2024 International Fire Code and adoption of the 2025 California Fire Code, along with 13 local amendments in Municipal Code Title IV, Chapter 3.07 addressing administration, cost recovery, permits, inspections, plan review fees, automatic sprinklers, fire extinguishers, alarm systems, pallet storage, explosives, flammable liquids, and LPG storage. Updates also clarify pre-fire clearances, delegate enforcement to the local office, revise the Wildland Urban Interface (WUI) Code, update energy storage system (ESS) and battery type definitions per NFPA 855, and modify fire protection systems, special amusement areas, emergency egress and illumination, two- way communication, and temporary structures including tents. Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1211 – Ordinance No. 1211 – Adopting by Reference the 2025 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto. The motion carried by the affirmative action of all Council Members present, Perez absent. Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1211 – Ordinance No. 1211 – Adopting by Reference the 2025 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto: AYES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: Perez. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2025 CALIFORNIA BUILDING STANDARDS CODE, LOCAL CITY OF LOS BANOS AMENDMENTS TO THE CODES, AND JUSTIFICATION OF LOCAL CONDITIONS; ORDINANCE NO. 1212 – ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA BUILDING STANDARD CODES BY AMENDMENT TO TITLE 8 CHAPTER 1 OF THE LOS BANOS MUNICIPAL CODE (FIRST READING & INTRODUCTION). Assistant Fire Chief Dorenbush presented the staff report, making note that the building code updates primarily address Part Seven (Wildland Urban Interface), energy and green codes, and electric-ready buildings to support future adoption of cleaner electric technologies for cooking and water heating. Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1212 – Adopting by Reference the 2025 Edition of the California Building Standard Codes by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. The motion carried by the affirmative action of all Council Members present, Perez absent. Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1212 – Adopting by Reference the 2025 Edition of the California Building Standard Codes by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. AYES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: Perez. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF APPROVING THE SIXTH CYCLE MULTI-JURISDICTIONAL HOUSING ELEMENT (2024-2032) AND APPROVING A NEW ORDINANCE TO IMPLEMENT THE HOUSING ELEMENT ESTABLISHING A REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) OVERLAY DISTRICT; CITY COUNCIL RESOLUTION NO. 7015 – APPROVING GENERAL PLAN AMENDMENT NO. 2025-03 TO ADOPT THE CITY OF LOS BANOS HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2024-2032; ORDINANCE NO. 1213 – ADDING ARTICLE 49 TO TITLE 9, CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE – REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) OVERLAY DISTRICT TO FACILITATE IMPLEMENTATION OF THE HOUSING ELEMENT (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report which included a PowerPoint presentation. Making note that this is the sixth cycle multi-jurisdictional housing element for 2024–2032 and the related ordinance establishing a Regional Housing Needs Assessment (RHNA) overlay district. Elms explained that City discretion in approving the housing element is limited, as compliance with State law and certification by the Department of Housing and Community Development (HCD) is required to maintain eligibility for state funding, including the Encampment Resolution Fund. The housing element, one of eight mandatory elements of the City’s General Plan, is updated every eight years per RHNA allocations. A regional approach involved multiple jurisdictions in Merced County, Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and the County, with each city focusing on jurisdiction-specific policies in their appendices. Public participation included workshops, surveys (over 150 responses), stakeholder interviews, and a dedicated website. The analysis considered population growth, employment trends, housing affordability, and constraints (governmental, market, and environmental). Los Banos’ RHNA allocation is 3,132 units, with credit for approved or planned units and anticipated ADUs reducing the required site inventory to 2,434 units, leaving a surplus of 371 units to meet State buffer requirements. A new requirement, Affirmatively Furthering Fair Housing (per AB 686), directs the City to promote equitable housing opportunities across high-, moderate-, and low-resource areas. The housing plan includes seven goals: regional collaboration, housing development, affordable housing options, housing and neighborhood preservation, housing for persons with special needs, resource conservation and sustainable development, and affirmatively furthering fair housing. Programs supporting these goals address zoning amendments, incentives, and outreach. The City determined the housing element update is exempt from CEQA under guidelines sections 15061(b)(3) and 15283 due to its recently adopted General Plan and certified EIR. Ordinance No. 1213 establishes a RHNA overlay district to implement the housing element, identifying 13 eligible “by-right” sites for lower-income housing, which must include at least 20% affordable units and are approved ministerially without discretionary permits. These sites, included in the City’s site inventory, have the potential to provide over 1,400 units and include ongoing projects such as the North Point subdivision, Joe Rocha developments, Sunset Hills, and Alta Vista. Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed. Council Member Sanders inquired about the discretion the City has in implementing the housing element. Ms. Souza Elms explained that discretion primarily exists within the programs and site inventory. While the State of California defines the required programs and implementation language, the City can provide additional incentives or flexibility to support development. For site inventory, sites were already identified and zoned in the 2022 General Plan update, whereas other jurisdictions may have more discretion in selecting and rezoning sites. City Manager Than acknowledged the extensive work involved in meeting the sixth cycle housing element requirements. It was noted that this cycle is among the most challenging and that compliance is critical for maintaining eligibility for state funding, including IRF and SB1. Motion by Sanders, seconded by Lewis to adopt City Council Resolution No. 7015 – Approving General Plan Amendment No. 2025-03 to Adopt the City of Los Banos Housing Element of the General Plan for the Period of 2024-2032. The motion carried by the affirmative action of all Council Members present, Perez absent. Motion by Lewis, seconded by Chavez to waive the first reading of Ordinance No. 1213 – Adding Article 49 to Title 9, Chapter 3 of the Los Banos Municipal Code – Regional Housing Needs Assessment (RHNA) Overlay District to Facilitate Implementation of the Housing Element. The motion carried by the affirmative action of all Council Members present, Perez absent. Motion by Lewis, seconded by Chavez to introduce Ordinance No. 1213 – Adding Article 49 to Title 9, Chapter 3 of the Los Banos Municipal Code – Regional Housing Needs Assessment (RHNA) Overlay District to Facilitate Implementation of the Housing Element. AYES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: Perez. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 7016 – AMENDING THE CITY’S POLICY & PROCEDURES MANUAL (PERSONNEL RULES) AND ESTABLISHING THE SUMMARY OF COMPENSATION FOR UNREPRESENTED EMPLOYEES. Human Resources Director Mallonee presented the staff report requesting Council approval of an update the City’s Personnel Rules and establish a separate Summary of Compensation for unrepresented employees. The Personnel Rules, originally adopted in 2012, had only minor updates since then. The comprehensive review, conducted by HR, the Interim City Manager Brizzee, and outside legal counsel, ensures compliance with current laws, reflects current practices, and improves clarity for employees and supervisors. Department heads and all six bargaining groups were given opportunities to review and provide input, with agreements reached where meetings occurred. Key updates include placing benefits for unrepresented employees in a separate, easy-to-reference document consistent with MOUs for other employee groups; updating leave provisions (sick leave, family and medical leave, bereavement leave, and victim leave) to comply with state law; updating special pay items per CalPERS rules; and adding modern policies on outside employment, drug and alcohol testing, mobile device and social media use, workplace civility, and safety programs. Several changes have financial impacts, including: increasing the lateral police officer hiring incentive from $3,000 to $15,000; updating temporary upgrade pay for assignments expected to last 30+ days; reinstating unused sick leave for employees returning within two years; and allowing CTO accrual and cash-out up to 80 hours for eligible employees. Current budget funds are sufficient to support these changes. Council Member Lewis sought clarification on organizational sections, including Planning Commission membership, Parks and Recreation oversight, and the Tree Committee, which HR confirmed would be updated. Questions regarding tuition reimbursement clarified that education must enhance the employee’s ability to perform their job, and that department heads are still expected to hold a B.S. or B.A., while mid-level managers are not required. The resolution also maintains flexibility to align with recruitment needs and evolving state law for public safety positions. Council acknowledged the extensive work involved in updating the Personnel Rules and Summary of Compensation and thanked staff for their efforts. Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 7016 – Amending the City’s Policy & Procedures Manual (Personnel Rules) and Establishing the Summary of Compensation for Unrepresented Employees and changes to Section 2004 Los Banos Planning Commission, Section 2005 Los Banos Parks & Recreation Commission and Section 2007 Los Banos Tree Commission to match was the Los Banos Municipal Code reads. The motion carried by the affirmative action of all Council Members present, Perez absent. UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID). Moved up on the agenda to be heard after the consent agenda approval. CITY DEPARTMENT REPORTS. Community & Economic Development. Director Souza Elms provided an update on the Stonefield subdivision, scheduled for Planning Commission review on November 12, proposing 543 single-family units, a multifamily component, one acre for a fire station, five acres for parkland, and a linear trail along the canal. Housing Program Manager Christy McCammond gave an update on the One Tree Permanent Supportive Housing project. She reported that the real estate transaction is closing soon, allowing construction to begin, with a groundbreaking planned for the week of November 17. Permitting through Public Works and Planning is progressing, and deposits for housing units are expected soon. Lease-ups and move-ins are projected within 12–18 months. Ms. McCammond highlighted recent successes, including two formerly unhoused individuals now in their own apartments, one of whom secured full-time employment. She emphasized weekly follow-ups with newly housed residents to ensure continued support. Ms. McCammond also explained the time required for development due to procurement, legal review, careful planning, and construction, noting the importance of fairness, diligence, and safety in the process. Council members acknowledged the progress and successes, particularly regarding landlord engagement and housing accessibility. Finance. Director Moreno provided updates on ongoing audits. The regular city audit is progressing well, with final fieldwork completed and no issues identified; completion is expected by December 31. The specialized audit, requested by Council for past capital projects, is also underway, with documentation being uploaded and interviews conducted. Staffing updates were given: an Accounting Clerk I starts Monday, and recruitment for an Accountant II is ongoing, which will allow the Finance Department to be fully staffed. Staff efforts were praised for their work on audits and the new PBID. Additionally, a TOT (Transient Occupancy Tax) audit is planned. A company previously audited a portion of local motels, and the remaining hotels will be audited under an annual contract after the regular city audit is complete. Fire. No Report Human Resources. No Report Parks & Recreation. Absent Police. Chief Reyna provided updates on the homeless encampment, reporting that since early June, about 95 individuals are living in approximately 90 all-weather tents on G Street. The site is monitored daily from 6 p.m. to 6 a.m. with cameras and security, and calls for service, including fires and trash burning, have significantly decreased, making the site safer and easier to manage. Approximately 95% of the city’s homeless population is now concentrated at this location, and city staff, including police, code enforcement, fire, public works, and parks, actively manage the site and support outreach services. Additional housing solutions are being developed as weather conditions change. The Chief also provided an update on the city’s 12th annual food drive, running from November 1 to December 10, noting that approximately 6,000–7,000 pounds of food have been collected, including a large donation from local high schools, and donations are being delivered to local food banks as collected, with drop-off locations at the police department lobby and Mechanics Bank. Additionally, the Chief shared information about a Police Officer Association fundraiser dinner on November 10 to support an officer facing a family emergency, with tickets available at the police department and takeout options provided. Finally, the Chief acknowledged outgoing City Attorney Mr. Vaughn for his mentorship and service. Council members asked clarifying questions regarding donation logistics and payment options, which the Chief addressed. Public Works. Director Via provided updates, noting that fall leaf pickup will begin soon, with leaves collected and sent to a certified organic composting facility, then returned to residents as compost through Mid-Valley Disposal. He reminded residents to pull their garbage cans off the street after collection to allow street sweepers to operate efficiently. Staffing updates were provided, including a conditional offer made for an Environmental Control Specialist (wastewater treatment plant operator), upcoming part-time maintenance worker interviews, and scheduling for utility maintenance worker positions. William also noted progress on city projects, including three pre-construction meetings in his first eight days and an update on Ortega Leader Road Pioneer, where signal light poles have arrived earlier than expected, though installation is still pending electricity and other components. He acknowledged that the city’s proactive general plan has helped streamline development and project planning. CITY MANAGER REPORT. City Manager Than provided updates, beginning with executive compensation adjustments. The Police Chief’s salary was increased to $18,011 per month ($216,132 annually), effective November 1, 2025, based on a performance review completed on January 27, 2025. The Parks & Recreation Director’s salary was increased to $13,018 per month ($156,216 annually), effective November 16, 2025, following an October 27 performance review. Mr. Than reminded the Council about planning for next year’s One Voice trip, with delegate nominations due by December 1, 2025 and a full week of meetings in Washington, D.C., expected in May. Additionally, public input meetings for the Pump Track Project and South Point Park Project are scheduled for November 13, 2025 at 5:30 PM and November 15, 2025 at 12:00 PM at the Community Center. Mr. Than concluded by expressing excitement to work with the city’s department heads and staff, noting substantial ongoing progress on city projects. CITY COUNCIL MEMBER REPORTS: MITZY PEREZ – DISTRICT 1: Absent EVAN SANDERS – DISTRICT 2: Expressed appreciation to city staff, noting he is continually impressed with their work and professionalism. He highlighted the number of community events recently, emphasizing that there is plenty happening in town. Mr. Sanders also voiced support for establishing an ordinance regarding hens and roosters, particularly due to concerns about noise from roosters in his neighborhood, and encouraged community involvement on the issue. He inquired about the status of DeAnza Way, and Public Works Director Via responded that while discussions and meetings are ongoing, there is no finalized plan yet; coordination with Caltrans on permitting is still in progress, and a report will be provided at the next meeting. City Manager Than added that the ongoing coordination with Caltrans and permitting processes will be clarified in the next report to ensure Council receives accurate and complete information. MARCUS CHAVEZ – DISTRICT 3: Echoed appreciation for city staff, noting their excellent work, and welcomed newly appointed Public Works Director Via and City Manager Than, commending them for quickly getting up to speed. Mr. Chavez mentioned concerns regarding the MacArthur Apartments and requested follow-up on potential solutions. He also praised the Veterans Parade for its high participation and turnout, highlighting the abundance of community events and activities in the city. He concluded by expressing gratitude to former Acting City Manager Brizzee for his service and contributions to the city. DEBORAH LEWIS – DISTRICT 4: Provided an update from the San Joaquin Air Quality Control District, recommending that residents avoid wood burning in fireplaces and stoves from November 1 through the end of February to reduce PM 2.5 pollutants. Ms. Lewis noted that grants are available to help residents transition to cleaner alternatives, such as gas inserts or electric fireplaces. She also shared her recent participation in the League of Cities and the annual Valley Air District retreat, where she attended sessions on council meetings, state and federal finances, and wildfire mitigation. She highlighted a tour of a biofuel plant near Bass Lake, set to come online in December, which will convert tree debris from wildfires into energy for PG&E, producing minimal pollutants. She welcomed new Public Works Director Via and the new City Manager Than and expressed her appreciation for the productive council meeting. MICHAEL S. AMABILE – MAYOR: Announced that, thanks to a grant from the Air Quality Board, the council chambers will soon allow residents to watch meetings on TV and interact with the city clerk during meetings, as required by the state. He also mentioned being invited to tour the Diablo Canyon nuclear plant in December and promised a report afterward. He thanked everyone for their participation during the long meeting and emphasized the differences in speed between city, county, state, and federal government processes. He noted the next council meeting would be in two weeks and acknowledged that City Attorney Vaughn would be briefly absent but would return in December and the Mayor encouraging residents to “shop smart and support local.” ADJOURNMENT. The meeting was adjourned at 10:14 p.m. APPROVED: __/s/ Michael S. Amabile________ Michael S. Amabile, Mayor ATTEST: __/s/ Lucille L. Mallonee___________ Lucille L. Mallonee, City Clerk