The Los Banos City Council heard a first reading of an ordinance regarding city manager termination at its Feb. 5 meeting, responded to a Merced County Grand Jury report, continued discussion on filling the District 1 City Councilmember position and – after a closed session—named Gary Brizzee as Interim City Manager.
The council also heard a report from Acting Police Chief Justin Melden regarding the city’s police department’s local law enforcement vis-à-vis federal immigration enforcement.
The council consisted of Mayor Michael Amabile and Councilmembers Evan Sanders, Marcus Chavez and Deborah Lewis, with the District 1 member chair vacant.
The council was presented with a first reading Ordinance 1206, an amendment to the Los Banos Municipal Code relating to the city manager. This amendment removes the ordinance that requires a 5-0 vote from the council to fire the city manager and replaces it with a majority vote from the city council, such as a 3-2 vote. The second reading and approval of the ordinance is expected to happen at the Feb. 19 city council meeting.
In regard to filling the District 1 City Councilmember vacancy, the council discussed two options, both involving only the registered voters of District 1.
There are two dates up for consideration to hold the election are Aug. 26, for an all-mail ballot special election, and Nov. 4, which would include both mail and in-person voting. The mayor hopes to hold a forum within District 1 to hear the preferences of those voters, as well as encouraging District 1 voters to speak at upcoming council meetings. The council will make its final decision at a March council meeting.
Acting City Manager Paul Tualla and City Attorney William Vaughn discussed the report made by the Merced County Civil Grand Jury regarding its findings on Los Banos’ improper council activities related to the American Rescue Plan Act (ARPA) program funding.
They noted in Merced County’s report to the City of Los Banos two findings in particular. Finding One indicates that the local guidelines and criteria for awarding small business grants in Los Banos were not clearly defined nor publicized.
Finding Four states that the local input on use of ARPA funding was inadequate.
The city’s letter of response, signed by Acting City Manager Paul Tualla, which the council approved, includes this statement: “As a matter of process improvement, the City is continuously reviewing and updating policies and procedures to ensure transparency of the funding application process and inclusion of public input for future funding.”
At the end of the open meeting, the council met in closed session and then later reported that it has named, by a 4-0 vote, former Los Banos Police Chief Gary Brizzee as interim city manager, subject to a confirmation of contract provisions by the council. Brizzee had also previously served as interim city manager.
During the open session of the council meeting, Acting Police Chief Melden, talking about federal immigration enforcement efforts, discussed California Senate Bill 54. This bill prohibits state and local law enforcement agencies from using their resources to assist with federal immigration efforts.
This means, Melden said, that local law enforcement cannot detain, investigate, or inquire about an individual’s immigration status. An exception within SB54 is made for any individual who has committed a serious or violent crime.
“The idea behind SB54,” Melden said, “was to encourage immigrant communities to report crimes and cooperate with law enforcement without fear of deportation or immigration inquiries.”
At the beginning of the meeting, Mayor Michael Amabile made three presentations. He presented a resolution of commendation to former Los Banos City Councilmember Kenneth Lambert who was not in attendance.
Amabile also presented a certificate of recognition to Carlos Campos, a teacher at Pacheco High School, who will be holding the fourth annual 4x4x48 fundraising running event on Feb. 21.
Amabile also presented a certificate of recognition to Jeremy Sterling, code enforcement officer with the Los Banos Police Department, as the January employee of the month.
