Los Banos council approves consent items, accepts street project, authorizes radio purchase; announces interim manager appointment

Los Banos City Council on Feb. 5 approved a set of routine and substantive items on the consent calendar, authorized purchase of replacement radios for public safety, accepted the 2025 street rehabilitation project as complete and approved the city’s written response to the Merced County civil grand jury review of ARPA spending. In closed session the council also directed staff to finalize terms to appoint an interim city manager.

The most high‑profile consent item was a resolution authorizing the acting city manager to execute a purchase agreement with Motorola Solutions for APX 8,000 portable radios. The resolution lists the purchase price as $312,765.05; staff said these units are refurbished/demonstration radios that include a three‑year warranty and will meet P25 digital standards now required for interoperability.

Council members questioned why the purchase was not in the adopted budget; staff explained a multi‑year procurement and earlier radio system improvements made the purchase urgent, and said the demonstrator radios offered substantial savings compared with new equipment.

The council also accepted the 2025 Street Rehabilitation Project as complete and authorized filing a notice of completion (resolution number 6873 listed on the consent agenda). During discussion council members pressed staff about contract change orders and contingencies: staff said construction practice permits change orders up to 25% before a change in scope triggers a return to council, while the city had historically used a 10% guideline.

A related question addressed a change order that added pavement at the animal shelter parking lot for $94,000. Staff said the animal shelter construction contract had reached its contractual contingency limit and the paving work was performed by Consolidated Engineering using ARPA capital funds that were budgeted elsewhere, rather than by increasing the original shelter contract beyond allowed limits.

The council received the quarterly investment report and approved warrants covering bills and payroll totaling $3,273,104.04 as listed on the consent agenda.

Ordinance and grand jury response: The council waived first reading and introduced Ordinance No. 1206, an amendment to the municipal code provision governing the city manager’s termination language; roll call votes were recorded as “aye” by Sanders, Travis, Lewis and Mayor Amabile. The council also approved the city’s written response to the Merced County civil grand jury final report on ARPA (a document staff said explained the city’s outreach and recordkeeping for ARPA‑funded programs).

Closed session and interim manager: In closed session the council discussed labor negotiations and the recruitment/appointment of a city manager. The council announced it voted to appoint Gary Breezy as interim city manager, subject to final approval of terms and execution of an employment agreement; staff said the agreement will be signed Feb. 10. The council said it will return the ordinance for adoption at its next meeting.

Votes at a glance - Agenda approval: voice vote; motion carried (ayes). - Resolution 6,871 (commendation to Kenneth Lambert): voice vote; motion carried (ayes). - Consent agenda (warrants, investment report, minutes, Motorola radio purchase resolution 6872, acceptance of street project resolution 6873): voice vote; motion carried (ayes). - Waive first reading and introduce Ordinance No. 1206 (amend city manager municipal code): roll call — Sanders: Aye; Travis: Aye; Lewis: Yes; Amabile: Aye. - Approval of city’s response to Merced County civil grand jury ARPA report: motion and second; voice vote; ayes carried. - Closed‑session appointment of interim city manager (subject to final terms): council announced appointment and said terms will be finalized Feb. 10.

What council asked staff to do: Provide the radio procurement paperwork and warranty details for the record; provide a clearer accounting of the ARPA capital line items used for the animal shelter paving change order; and in future bring larger contingency authorizations (staff said they will seek an explicit 25% contingency allocation for construction projects going forward).