Agenda packet, first session — Los Banos City Council, April 16, 2025

LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 16, 2025-6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial o asistencia de traducci6n para a tender o participar en esta junta par favor /lame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.

La Ciudad de Los Banos cumple con la fey de Estadounidenses con Discapacidades (ADA) de 1990.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier artfculo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reuni6n yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y /os documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City's website for public review. Agenda packets can be found 9n the City's web~ite at the fc:>ll9wing link: https://losbanos.org/category/citv-council/ Los Banos City Council Agenda -April 16, 2025 Page 1 of 5 1 1. CALL TO ORDER - April 16, 2025 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
__ [vacant] - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor
Evan Sanders - District 2
Deborah Lewis - District 4

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Proclamation Recognizing Poppy Day.

B. 2025 San Joaquin Valley Blueprint Award for 7th and J Street Parking Lot Rehabilitation Project.

6. 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 Council; 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.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #250818 -#250994 in the Amount of $1,690,916.59.

Recommendation: Approve the check register as submitted.

B. Third Quarter Investment Report for Fiscal Year 2024/2025.

Recommendation: Accept the report as submitted.

C. City Council Meeting Minutes for March 19, 2025.

Recommendation: Approve the minutes as submitted.

D. City Council Meeting Minutes for April 2, 2025.

Recommendation: Approve the minutes as submitted.

E. City Council Resolution No. 6915 - Authorizing the City Manager to Execute a Contract to Approve of a 10-Year Purchase Agreement with Axon Los Banos City Council Agenda - April 16, 2025 Page 2 of 5 2 pgs. 1-6
pgs. 7-8
pgs. 9-12
pgs. 13-16
pgs. 17-26
pgs. 27-34
pgs. 35-40
Enterprise Inc. for the Purchase of Sixty (60) Body Worn Cameras, Data Storage, Taser Devices and a Service Plan for Police Department Use in the Amount of $242,373.67 Each Year.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6916 - Approving a Tentative Agreement (TA)/Memorandum of Understanding (MOU) By and Between the City of Los Banos and the Los Banos Public Employees' Union (LBPEU) for the Time Period July 1, 2024 - June 30, 2028.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6917 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section A - Administration, Section B - Finance, Section C - Community & Economic Development, Section D - Public Works, Section E - Parks & Recreation, Section F - Fire & Building, Section G - Police as it Pertains to the Approval of the TA/MOU with the LBPEU.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6918 - Authorizing the City Manager to Execute a Professional Services Agreement with Provost & Pritchard Consulting Group for Pre-Design Engineering Services Regarding Hexavalent Chromium Mitigation Project and Adopting a Budget Amendment for the Fiscal Year 2024-2025 as it Pertains to Expenditures in the Amount of $353,000.

Recommendation: Adopt the resolution as submitted.

8. CAL TRANS PRESENTATION.

Recommendation: Informational item only, no action to be taken.

9. PRESENTATION REGARDING AUGUST 26, 2025 SPECIAL ELECTION FOR COUNCIL MEMBER VACANCY IN DISTRICT 1.

Recommendation: Informational item only, no action to be taken.

10. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of the Annual Adjustment to the Los Banos Development Impact Fee Schedule Based on the Engineering News Record Construction Cost Index. 1) City Council Resolution No. 6919 - Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2025.

Los Banos City Council Agenda-April 16, 2025 Page 3 of 5 3 pgs. 41-62
pgs. 63-102
pgs. 103-112
pgs. 113-136
pgs. 137-138
pgs. 139-140
pgs. 141-148
Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted.

B. Public Hearing - To Receive Public Comment and Consideration of Conditional Use Permit #2025-01 and a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine for a Bonafide Eating Place for Playa Sol Waffle Cafe, Located at 1450 Mercey Springs Road, Suite 102, APN 083-130-041. 1) City Council Resolution No. 6920 - Approving Conditional Use Permit #2025-01 to Allow for the On-Sale of Beer and Wine (Type 41 ABC License) at Playa Sol Waffle Cafe Located at 1450 Mercey Springs Road, Suite 102.

Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted.

11. PERMANENT LOCAL HOUSING ALLOCATION - BRIDGE HOUSE IN LOS BANOS.
1) City Council Resolution No. 6921 - Approving an Amendment and Restatement of Professional Services Agreement for Emergency Shelter and Case Management Services [Mission Merced Incorporated].

Recommendation: Receive staff report and adopt the resolution as submitted.

12. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6922 - ACCEPTING GRANT DEED FOR 9.52± ACRES LOCATED AT SOUTHPOINTE

AT REGENCY PARK FOR A FUTURE PARK AND STORM BASSINE FOR

PUBLIC USE AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS FOR THIS DEDICATION ACCEPTANCE.

Recommendation: Receive staff report and adopt the resolution as submitted.

13. CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO

ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER. (Continued from the March 19, 2025 Meeting)
Recommendation: Receive staff report and direction from the City Council on how to proceed.

14. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.

15. CITY MANAGER REPORT.

Recommendation: Informational item only, no action to be taken.

16. CITY COUNCIL MEMBER REPORTS.

A. Evan Sanders - District 2
Los Banos City Council Agenda - April 16, 2025 Page 4 of 5 4 pgs. 149-166
pgs. 167-218
pgs. 219-234
pgs. 235-802
pg. 803
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6 LOsBanos
A1 the rossroads oJ California
PROClAMATION RECOGNJZlNG

POPPY DAY
WHER:BAS, the American Legion Family, with the sup¥J,rl of Congress, has designated May 2'7~, 2D2'5, as National Poppy Day; m1;di WBEREAS, America is; the land of freedom, presewedJ a,;nd prntected wibtim,gly and freely hy citizen s0;ediiiers; orr,1,dJ
WHEREAS, mil'lii:o'fflJs who h@rwe answered flh:e ceilt1f fo, @'ff1!1f/JS have died on the fie&dl 0/ battle; Ql'!fl.!!1
WHEREAS, a Naftiom at peace must be 1r,r,rni1r1id!edi 0J the price of war a;1f1!,df the dJelbt owed to, those who have di:edi in wa,r; and
WB.EREAS, the ,red JJID:ffeJJ!!}J! 'Jnas. been diesignatedi as ,w symbol of sacri.f!ke of [ti,,ves, in aitQ wars; and
WJJBREA~ the AmePiean Legion Auxilia11YJ has plediged to ,remimd A1,1i1,elrixca, @mmMaPly of this debt thmugh the distrib-1wtion 0fthe mem.orialflowerr.

NOW, 7'.HERMORIS:,__ BE.1'1!' .PROCU!M/ED that tlfte MayoJr amd City, Council Members of the City of 11.,.os Banos do hereby procfodm May, 27, 2005 as Natiolftal Poppy Day, and ask that a:l'l citize111ts pay1 tri}i;J,ute to those who have made the ul'triimate sacrifice in the mame of freedom by, wearing the Memorial' P0ppy on this day.

In witness whe11e0f, 1! have hereunto1 set my h€1ind
and caused to lb.e affixed! the seal of the City of
Los Banos, this 16!-h of April 2025.

APPROVED:

Mich@el S. Amabile, Mayor
ATfEST:

Lucine L. Mallonee, City Cterk
ITEM 5A
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8 LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City Engin DATE April 16, 2025
TYPE OF REPORT: Informational Item
SUBJECT: 2025 San Joaquin Valley Blueprint Award for 7th and J Street Parking Lot Rehabilitation Project
Recommendation:

Informational item only, no action to be taken.

Discussion:

The San Joaquin Valley Regional Planning Agencies, along with the Merced County Association of Governments and the California Central Section of the American Planning Association, promote the San Joaquin Valley Blueprint Awards program. The Blueprint Awards recognize projects that embody Blueprint Principles that include community collaboration, strengthening development of existing community and the economic viability of the Valley.

Los Banos' contribution to these goals has been its development and maintenance of its downtown parking. The City's Seventh Street and J Street Parking Lot Rehabilitation project completed last year has been recognized with a San Joaquin Valley Blueprint Downtown Revitalization Award of Merit for 2025. The City's nomination was also supported by the Los Banos Downtown Business Association.

The Public Works Department, City Staff and Officials are proud of this City project and advancing Los Banos' and its Downtown.

Revje'f:,,d by:

Ga~~:{,-, Interim City Manager
Attachments:
2025 San Joaquin Valley Blue Print Award Winners List
9 ITEM 5B
SAN ,JOAQUIN VAllEY
Bl~e~rint "'"91 Pl
202s San Joaquin Valley
Blueprint Award Winners!
SA.N . JOA(l!JIN YALl.EY

REGIONAL
CenCal
PI.ANNJHGAGl'NClfS
Sponsored by: ·'Polty f!Mndl
San Joaquin Valley Regional Policy Conference
2025 San Joaquin Valley Blueprint Award Winners
Award Ceremony to be hosted by the Merced County Association of Governments on April 11, 2025, at the Merced Theatre in Merced, CA
Honoring Projects, Plans, and Individuals that Embody the Blueprint Principles
In 2009, the San Joaquin Valley Regional Policy Council adopted thirteen Smart Growth Principles, known as the "Blueprint Principles," to guide planning in the San Joaquin Valley, including:

1. Create a range of housing opportunities and choices

2. Create walkable and bikeable neighborhoods

3. Encourage community and stakeholder collaboration

4. Foster distinctive, attractive communities with a strong sense of place

5. Make development decisions predictable, fair, and cost-effective

6. Promote a mix of land uses

7. Preserve open space, farmland, natural beauty, and critical environmental areas

8. Provide a variety of transportation choices

9. Strengthen and direct development toward existing communities

10. Take advantage of compact building design

11. Enhance the economic vitality of the region

12. Support actions that encourage environmental resource management

13. Plan for future water needs
These principles remain applicable today and align with current climate, social, environmental, transportation, and housing goals at both the state and federal levels. Congratulations to the 2025 Blueprint Award winners!
10 SAN _JOAOUIN _VALU Y
~~t 2025 Blueprint Award Winners
A. Development Project Categories
Residential Development
• Award of Excellence: Crossroads Village, Fresno County, Paul Halajian Architects • Award of Merit: Sonoma Square, San Joaquin County, Delta Community Developers Corporation (DCDC)
Commercial
• Award of Excellence: Mercantile Row Shopping Center Revitalization, City of Dinuba • Award of Merit: Whitesbridge Horizontal Mixed-Use Project, City of Kerman Mixed Use
• Award of Excellence: Los Arroyos Housing Project & Farmersville Transit Center, City of Farmersville Downtown Revitalization
• Award of Excellence: City of Merced Downtown Revitalization Initiative, City of Merced • Award of Merit: J Street and Seventh Street Parking Lot Rehabilitation Project, City of Los Banos Transportation Enhancement
• Award of Excellence: Farmersville Transit Center, City of Farmersville • Award of Merit: Alta/Kamm Roundabout, City of Dinuba
Historic Revitalization
• Award of Excellence: State Route 99 Plainsburg-Arboleda Columbian Mammoth Silhouettes, Caltrans District 10
B. Planning Project/Program Category
• Award of Excellence: The Villages at Almond Grove Specific Plan, City of Madera • Award of Excellence: South of Tule River (So Tu) District Master Plan, City of Porterville • Award of Merit: Small Lot Planning Study for the San Joaquin Valley, SJV Regional Early Action Program (REAP) and Fresno Council of Governments
C. Darrel Hildebrand Blueprint Leadership Award Category • Patricia Taylor, Executive Director, Madera County Transportation Commission (MCTC) D. Jenny Kenoyer Outstanding Local Elected Official
• Daron McDaniel, Supervisor, Merced County
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 CK # 250818 - # 250994 04/16/2025 $1,690,916.59
Los Banos ~• ~. C.l'l>$sr,,.,,I, "/ Calif,n nio
Check Number Payment Date Vendor Module Payment Type Payment Amount 250818 03/28/2025 APLPD Holdco, Inc. Accounts Payable Check 348.86 250819 03/28/2025 Sara Blevins Accounts Payable Check 491.25 250820 03/28/2025 CSJVRMA Accounts Payable Check 548,380.00 250821 03/28/2025 Liebert Cassidy Whitmore Accounts Payable Check 5,200.00 250822 03/28/2025 Samuel Morales Accounts Payable Check 3,022.50 250823 03/28/2025 Gerald "Obie" O'Brien Accounts Payable Check 77.14 250824 03/28/2025 Juan Ramirez Accounts Payable Check 774.74 250825 03/28/2025 Rincon Consultants, Inc. Accounts Payable Check 7,242.75 250826 03/28/2025 Samantha Alison Tova Accounts Payable Check 405.00 250827 03/28/2025 Law Offices of William A Vaughn Accounts Payable Check 12,600.00 250828 03/28/2025 Youth Evolution Activites Accounts Payable Check 2,366.00 250829 03/28/2025 AAA Business Supplies Accounts Payable Check 32.18 250830 03/28/2025 AT&T Accounts Payable Check 384.47
250831 03/28/2025 Vivian Aldaz Accounts Payable Check 350.00 250832 03/28/2025 Beam Insurance Administrators LLC Accounts Payable Check 22,908.38 25083~ 03/28/2025 Bruce's Tire Inc Accounts Payable Check 931.81 250834 03/28/2025 BSK Associates Accounts Payable Check 3,808.95 250835 03/28/2025 Caliber Bodyworks, Inc. Accounts Payable Check 245.00 250836 03/28/2025 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 4,119.76 25osn 03/28/2025 Comcast Accounts Payable Check 156.60
250838 03/28/2025 Amy Collier Carroll Accounts Payable Check 500.00 250839 03/28/2025 D & D Pest Control Accounts Payable Check 163.00 250840 03/28/2025 Dos Palos Publishing Company Accounts Payable Check 50.00 250841 03/28/2025 Fas Trak Invoice Processing Dept. Accounts Payable Check 8.00 lc.50842 03/28/2025 Fast Track Car Wash Accounts Payable Check 350.00 250843 03/28/2025 Fehr & Peers Accounts Payable Check 16,493.75 250844 03/28/2025 Ferguson Enterprises Inc DBA Groeniger & Company Accounts Payable Check 545.15 250845 03/28/2025 Frontline General Engineering Construction Inc Accounts Payable Check 100,788.59 250846 03/28/2025 Gouveia Engineering Inc. Accounts Payable Check 9,509.88 250847 03/28/2025 Home Depot Accounts Payable Check 1,937.04 250849 03/28/2025 Mark Thomas & Company. Inc. Accounts Payable Check 38,840.72 250850 03/28/2025 Tires to you Inc Accounts Payable Check 1,088.01 250851 03/28/2025 McNamara Sports Inc Accounts Payable Check 252.01 250852 03/28/2025 Merced Truck & Trailer Inc Accounts Payable Check 756.90 250853 03/28/2025 Mid Valley Protection LLC Accounts Payable Check 29,318.75 250854 03/28/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 1,242.18 250855 03/28/2025 Maria Maciel Accounts Payable Check 350.00 250856 03/28/2025 Mastec Solutions Accounts Payable Check 1,000.00 250857 03/28/2025 NDN International LLC Accounts Payable Check 187.78 250858 03/28/2025 OSE Accounts Payable Check 26.08
250859 03/28/2025 O'Reilly Auto Parts Accounts Payable Check 678.92 250860 03/28/2025 Enrique Pineda Accounts Payable Check 7,880.00 250861 03/28/2025 Pitney Bowes Inc Accounts Payable Check 144.41 250862 03/28/2025 Price Paige and Company CPA's LLP Accounts Payable Check 6,887.00 250863 03/28/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 54,517.52 250864 03/28/2025 Razzari Ford Accounts Payable Check 342.17 250865 03/28/2025 Reliance Standard Life Insurance Company Accounts Payable Check 6,662.07 250867 03/28/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 1,888.42 250868 03/28/2025 Save Mart Supermarkets Accounts Payable Check 66.88 ITEM 7A
13 250869 03/28/2025 Sherwin Williams Co Accounts Payable Check 197.11 250870 03/28/2025 SHI International Corp Accounts Payable Check 70.73 250871 03/28/2025 SNG & Associates, Inc. Accounts Payable Check 531.00 250872 03/28/2025 Sorensens True Value Accounts Payable Check 2,279.90 250874 03/28/2025 The Don Chapin Co., ln.c. Accounts Payable Check 726.59 250875 03/28/2025 Turlock Sheet Metal & Welding Inc. Accounts Payable Check 20,585.17 250876 03/28/2025 Verizon Wireless Accounts Payable Check 423.97 250877 03/28/2025 VFW & American Legion Accounts Payable Check 1,275.00 250878 03/28/2025 West Coast Arborists, Inc. Accounts Payable Check 4,360.00 250879 03/28/2025 West Publishing Corporation Accounts Payable Check 490.19 250880 03/28/2025 Michael M. Zendejas Accounts Payable Check 210.00 250881 03/28/2025 Christina Millan Utility Billing Check 52.39 250882 03/28/2025 Dacia Salas Utility Billing Check 65.80 250883 03/28/2025 Christine Kinsley Utility Billing Check 49.03 250884 03/28/2025 John R Torrez Utility Billing Check 52.39 250885 03/28/2025 Adan Boch Utility Billing Check 55.74 250886 03/28/2025 Gaudeucio Balbuena Utility Billing Check 149.69 250887 03/28/2025 MHP Builders Inc Utility Billing Check 147.57 250888 03/28/2025 MHP Builders Inc Utility Billing Check 147,57 250889 03/28/2025 D.R. Horton Utility Billing Check 66.56 250890 03/28/2025 Stonefield Homes, Inc. Accounts Payable Check 289,068.49 250893 04/04/2025 Aflac-Customer Service Accounts Payable Check 186.93 250894 04/04/2025 AFSCME District Council 57 Accounts Payable Check 1,546.31 250895 04/04/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,612.62 250896 04/04/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,917.00 ~Q.897 04/04/2025 Los Banos Fitness & Racquet Club Accounts Payable Check 175.00 250898 04/04/2025 Los Banos Police Assn Accounts Payable Check 910.00 250899 04/04/2025 Los Banos Police Assn. Accounts Payable Check 280.00 250900 04/04/2025 Merced County Sheriff Accounts Payable Check 200.00 250901 04/04/2025 MissionSquare Accounts Payable Check 450.00 250902 04/04/2025 MissionSquare Accounts Payable Check 8,850.00 250903 04/04/2025 Nationwide Retirement Solutions Accounts Payable Check 3,731.49 250904 04/04/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.16 250905 04/04/2025 State Disbursement Unit Accounts Payable Check 1,196.00 2509Q_§ 04/04/2025 AT&T Accounts Payable Check 17,958.62 25090.l 04/04/2025 Justin Chuvichien Accounts Payable Check 231.00 250908 04/04/2025 Bradley Ellien Accounts Payable Check 537.00 250909 04/04/2025 Imagine Way More LLC Accounts Payable Check 7,500.00 250910 04/04/2025 Brent Kuhn Accounts Payable Check 15,840.00 250911 04/04/2025 Laboratory Corporation of America Holdings Accounts Payable Check 397.95 250912 04/04/2025 Liebert Cassidy Whitmore Accounts Payable Check 18,878.50 250913 04/04/2025 Merced MRI Medical Group Accounts Payable Check 65.00 250914 04/04/2025 Vincent Rizzo Accounts Payable Check 737.00 250915 04/04/2025 Alhambra Accounts Payable Check 126.39 250916 04/04/2025 Always Rescue Plumbing Inc Accounts Payable Check 1,395.00 250917 04/04/2025 Animal Damage Management, Inc. Accounts Payable Check 4,835.00 250920 04/04/2025 Ascent Aviation Group, Inc. Accounts Payable Check 27,939.05 250921 04/04/2025 AT&T Mobility Accounts Payable Check 5,261.10 250922 04/04/2025 AT&T Accounts Payable Check 31.57
250923 04/04/2025 Dorothy June Baker Accounts Payable Check 35.00 250924 04/04/2025 Bluepearl California, Inc Accounts Payable Check 1,617.75 250925 04/04/2025 BMY Construction Group, Inc Accounts Payable Check 56,374.90 250926 04/04/2025 Boot Barn Accounts Payable Check 380.00 250927 04/04/2025 Bound Tree medical LLC Accounts Payable Check 2,802.91 250928 04/04/2025 Stericycle Inc Accounts Payable Check 231.37 250929 04/04/2025 BSK Associates Accounts Payable Check 1,052.29 250930 04/04/2025 Capital One Accounts Payable Check 1,240.18 250931 04/04/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 158.54 14 250932 04/04/2025 Cintas Corporation No.2 Accounts Payable Check 1,460.06 250933 04/04/2025 Clark Pest Control Inc Accounts Payable Check 256.00 250934 04/04/2025 Comcast Accounts Payable Check 108.16 250935 04/04/2025 Cook's Communications Corp. Accounts Payable Check 102,885.80 250936 04/04/2025 Crutchfield Corporation Accounts Payable Check 6,556.23 250937 04/04/2025 CSMFO Accounts Payable Check 150.00
250938 04/04/2025 LN Curtis & Sons Accounts Payable Check 521.70 250939 04/04/2025 City of Los Banos Utility Accounts Payable Check 15,848.93 250940 04/04/2025 Lamar A. Cummings Accounts Payable Check 1,007.45 250941 04/04/2025 Dos Palos Publishing Company Accounts Payable Check 70.00 250942 04/04/2025 Halcyon Creek Inc. Accounts Payable Check 1,589.20 250943 04/04/2025 Hoffman Electronic Systems Accounts Payable Check 151.95 250944 04/04/2025 Rory Hostetler Accounts Payable Check 55.00 250945 04/04/2025 Jerry Witt Accounts Payable Check 2,389.00 250946 04/04/2025 J.J. R. Enterprises Inc. Accounts Payable Check 126.54 250947 04/04/2025 Lawson Products, Inc. Accounts Payable Check 970.14 250948 04/04/2025 Linde Gas & Equipment, Inc. Accounts Payable Check 5,513.70 250949 04/04/2025 Tires to you Inc Accounts Payable Check 1,204.92 250950 04/04/2025 Marfab Inc Accounts Payable Check 194.25 250951 04/04/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 250952 04/04/2025 McCrometer Inc. Accounts Payable Check 442.00 J50953 04/04/2025 Merced Truck & Trailer Inc Accounts Payable Check 567.10 250954 04/04/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 1,813.41 250955 04/04/2025 Motorola Solutions, Inc. Accounts Payable Check 11,961.88 250956 04/04/2025 Municipal Maintenance Equipment, Inc. Accounts Payable Check 889.87 250957 04/04/2025 NDN International LLC Accounts Payable Check 1,022.13 250958 04/04/2025 O'Dell Engineering Accounts Payable Check 1,931.25 250959 04/04/2025 David Oliveira Accounts Payable Check 300.50 250960 04/04/2025 O'Reilly Auto Parts Accounts Payable Check 6,309.17 250961 04/04/2025 PG&E Company Accounts Payable Check 13,457.18 250962 04/04/2025 Pace Supply Corp. Accounts Payable Check 1,672.02 250963 04/04/2025 Enrique Pineda Accounts Payable Check 18,687.00 250964 04/04/2025 Gametime Accounts Payable Check 2,686.56 250965 04/04/2025 Purchase Power Inc Accounts Payable Check 3,044.99 250966 04/04/2025 Protech Security & Electronics, Inc. Accounts Payable Check 678.00 250967 04/04/2025 Razzari Dodge Chrysler Jeep Accounts Payable Check 75.21 250968 04/04/2025 Monique Rodriguez Accounts Payable Check 300.00 250969 04/04/2025 Bryana Rose Accounts Payable Check 600.00 250970 04/04/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 924.92 250971 04/04/2025 Save Mart Supermarkets Accounts Payable Check 78.01 250972 04/04/2025 Sherwin Williams Co Accounts Payable Check 60.72 250973 04/04/2025 SIJ Holdings, Inc Accounts Payable Check 233.15 250974 04/04/2025 Sorensens True Value Accounts Payable Check 705.98 250976 04/04/2025 Superior Pool Products, LLC Accounts Payable Check 5,077.37 250977 04/04/2025 Swank Motion Pictures, Inc. Accounts Payable Check 1,035.00 250978 04/04/2025 TeamCalifornia Economic Development Corp. Accounts Payable Check 3,100.00 250979 04/04/2025 The Sidwell Company Accounts Payable Check 160.00 250980 04/04/2025 Thirkettle Corporation Accounts Payable Check 41,870.92 250981 04/04/2025 CalMat Co. Accounts Payable Check 993.69 250982 04/04/2025 Tyler Technologies, Inc. Accounts Payable Check 580.00 250983 04/04/2025 Uline, Inc. Accounts Payable Check 2,299.83 250984 04/04/2025 USA Blue Book Accounts Payable Check 1,786.20 250985 04/04/2025 West Coast Arborists, Inc. Accounts Payable Check 2,275.00 250986 04/04/2025 Windecker Inc Accounts Payable Check 7,709.99 250987 04/04/2025 Young's Air Conditioning Accounts Payable Check 801.00 250988 04/04/2025 Zoom Recreation, Inc. Accounts Payable Check 6,658.78 250989 04/04/2025 Daniel R Hernandez Utility Billing Check 528.00 250990 04/04/2025 Nilda Mirandskobbar Utility Billing Check 119.40 15 250991
250992
250993
250994
04/04/2025
04/04/2025
04/04/2025
04/04/2025
Arvinder Chadha
MHP Builders Inc
Connor Bidrowsky
Doyle Decker
Break in check sequence due to the following:

Check #250848 (Manual Void)
Check #250866 (Manual Void}
Check #250873 (Manual Void)
Check #250891 - #250892 (Payroll)
Check #250918 - #250919 (Manual Void}
Check #250975 (Manual Void)
Utility Billing
Utility Billing
Utility Billing
Utility Billing
Payment Type
Regular Checks
Manual Voids
Voided Checks
Check
Check
Check
Check
169
6 0
161.00
159.93

60.25 83.01
1,690,916.59

0.00 0.00
1,690,916.59
16 LOsBanos
·\l the ( ross,oads (~/ (alifonua
Agenda Staff Report
TO:

FROM:

DATE:

Mayor Amabile and City Council Members
Minnie Moreno, Finance Directp
April 16, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: 3rd Quarter Investment Report for 2024/2025
Recommendation:

To accept the quarterly investment report as submitted.

Background:

The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.

Fiscal Impact:

Informational only, no fiscal impact.

Reviewed by:
nterim City Manager
Attachments:
3rd Quarter Fiscal Year 2024-25 Investment Report
LAIF Statement March 31, 2025 -Attachment A
Wells Fargo Securities Statement March 31, 2025 -Attachment B 17 ITEM 7B
~ LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of March 31, 2025
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $55,213,546 4.340%
Investment Fund) California effective yield
Money Market Funds Wells Fargo Daily $114,597,931 4.250% Securities simple yield
Investment Balance: $169,811,477

1. As of the date of this report, the majority of the City of Los Banos funds are invested in the Wells Fargo Securities money market funds, Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

2. As of the date of this report, the remainder of the City of Los Banos' funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code attached are the most recent statement received by the City of Los Banos.

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
18 California State Treasurer
Fiona M a, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-000 I
(916) 653-3001

CITY OF LOS BANOS

CITY TREASURER
520 J STREET
LOS BANOS, CA 93635
Account Number: 98-24-490
March 2025 Statement
Account Summarx
Total Deposit:

Total Withdrawal:

April 09, 2025
LAIF Home
PMIA Averag~Y. Yield,;
Tran Type Definjtjons

0.00 Beginning Balance:

0.00 Ending Balance:
55,213,546.91
55,213,546.91

ATTACHMENT A
19 ■
0300641004928 000910117 UN#4125304-00006557 74[;37-001096110 04/02/25 P Wells Fargo Securities, LLC
Wells Fargo Bank, N.A.

Combined Account Summary

ATTACHMENT B
Statement Period
03/01/2025 - 03/31/2025
CITY OF LOS BANOS Account Number
1AB28736
Total Account Value Summary - us Dollar (USDJ This summary does not reflect the ----------------------- -------------value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 114,597,931.19 114,974,224.61 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 114,597,931.19 $ 114,974,224.61 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
$ 376,293.42
$
0%
113,748,018.71
1%
***Includes amortized Par value of municipal leases and notes.

Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Description
Debit Interest For March 2025
$
$
This Period

0.00 0.00
376,293.42

0.00 376,293.42
Year-To-Date
$ 0.00

0.00 1,226,205.90

0.00 $ 1,226,205.90
This Period

0.00 Total Interest Charged $ 0.00
Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
Brokerage
$
$
Amount
114,597,931.19

0.00 0.00
376,293.42

0.00 114,974,224.61
20 ■ Wells Fargo Securities, LLC
550 S Tryon St.

Charlotte, NC 28202
Wells Fargo Securities, LLC
333 MARKET ST
SAN FRANCISCO CA 94105

WILLIAMS/LEWIS
1-415-644-9152
0300651004928 000910117 UN#4125304-00006557 74887-0010 96 110 04/02/25 P

Page 1 of 2 ends

Wells Fargo Securities, LLC
Account Statement
Statement Period
03/01/2025 - 03/31/2025
CITY OF LOS BANOS Account Number
1AB28736
Account Value Summary uso This summary does not reflect the -------- -----------------------------•value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 0.00 0.00 0%
Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 0.00 $ 0.00 0%
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit lnteresfForl\,farch 2025
Total Interest Charged
$
$
$
$
This Period

0.00 $

0.00 0.00

0.00 0.00 $
$
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
Brokerage
$
$

0.00 N/A

0.00 N/A
Year-To-Date

0.00 0.00

0.00 0.00
o.oo
This Period
----0:00

0.00 Amount

0.00 0.00

0.00 0.00
21 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), or customers of affiliated broker-dealers whose accounts are introduced to and carried by WFS. Statements are provided monthly for accounts with transactions and/or security positions.

For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.

Pricing: Security and other asset prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date, which may not be the date of this statement, and are subject to change without notice. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The prices of CDs that mature in one year or less are shown at last price traded. The prices of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.

Brokered CD Pricing and Disclosure Statement: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase.

Significant loss of principal could result. While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited. In those cases, WFS will use its best efforts to help investors find a buyer. The Wells Fargo Securities, LLC Certificate of Disclosure Statement can be found at www.wellsfargo.com/assets/pdf/cib/regulatory/cd-disclosure.pdf.

SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk , up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sioc.org or by calling SIPC at 1-202-371-8300.

FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons.

Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website
(www.finra.org). A brochure describing the FINRA BrokerCheck program will be furnished upon written request.

Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitations imposed by Rule 15c3-3 under the Securities Exchange Act of 1934. On demand, a customer has the right to receive delivery of the following : any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.

Equity Order Routing: WFS customers may request additional order routing information with respect to SEC Rule 606 by contacting their WFS sales representative. There are two reports available to WFS customers under amended Rule 606: (i) the 606(b)(1) held ondemand customer report and (ii) the 606(b)(3) not held on-demand customer report in the six months prior to the request. These reports can be found at www.wellsfargo.com/cib/regulatory
Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfargo.com/cib/regulatory
Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.

Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.

Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.

Non-deposit investment products recommended, offered or sold by WFS, including mutual funds, are not federally insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are subject to risk, including the possible loss of principal, that may cause the value of the investment and investment return to fluctuate.

When the investment is sold, the value may be higher or lower than the amount originally invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS is a registered broker-dealer and member of FINRA. No affiliate of WFS is responsible for the securities sold by WFS.

Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.

Page 2 of 2 ends

Listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.

Financial Statements: WFS financial statements are available upon request.

Customer Complaints and Reporting Discrepancies:

Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:

Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
[email protected]
In the event your account is introduced to WFS by an affiliated broker-dealer as indicated on page 1 of your statement, you should also send a copy of your written correspondence to that introducing broker-dealer at the address appearing on that page.

Customers may also report complaints, inaccuracies or
discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.

Mutual Funds: Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax-Exempt funds may be subject to redemption fees and/or gates that can affect the availability of funds invested.

Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.

Investors should read the prospectus carefully before investing.

Muni Substitute Interest: With respect to transactions involving your purchase of a municipal security having interest that is exempt from federal and/or state income taxes, if you do not receive good delivery of such securities on settlement date (i.e. , all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the settlement date of the transaction until you receive good delivery may be considered by the Internal Revenue Service ("IRS") to be taxable ("substitute") interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax advisors regarding the tax implication of any such fail to receive scenario.
22 ■ Wells Fargo Bank, N.A. 550 S Tryon St.

Charlotte, NC 28202
Wells Fargo Bank, N.A.
333 MARKET ST
SAN FRANCISCO CA 94105

WILLIAMS/LEWIS
1-415-644-9152
0300661004928 000910117 UN #4125304-00006657 74887-0010 96110 04/02/25 P Wells Fargo Bank, N.A.

Account Statement

CITY OF LOS BANOS

Page 1 of 3 ends

Statement Period
03/01/2025 - 03/31/2025
Account Number
1AB28736
Account va1ue Summary uso This summary does not reflect the -------------------------------------•value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 114,597,931 .19 114,974,224.61 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 114,597,931.19 $ 114,974,224.61 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit lnteresffor March 2025
Total Interest Charged
$
$
$ 376,293.42
0%
$ 113,748,018.71
1%
This Period

0.00 0.00
376,293.42

0.00 376,293.42
Year-To-Date
$ 0.00

0.00 1,226,205.90

0.00 $ 1,226,205.90
This Period

0.00 $ 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
Safekeeping
$
$
Amount
114,597,931.19

0.00 0.00
376,293.42

0.00 114,974,224.61
23 Important Information
This statement is provided to customers of Wells Fargo
Bank, N.A. (the "Bank"). Statements are provided
monthly for accounts with transactions and/or security
positions.

The prices of instruments that trade infrequently are
estimated using similar securities for which prices are available. Prices on the statement may not necessarily
be obtained when the asset is sold.

Cash Balances: Cash held at the Bank is not covered by
SIPC, but is instead eligible for FDIC insurance of up to $250,000 per depositor, per institution, in accordance
with FDIC rules.

Mutual Funds: You have the right, in the course of
normal business operations, to withdraw balances in the Bank Deposit Sweep or redeem shares of the money
market mutual fund used in the sweep, subject to any
open commitments in any of your accounts and have
the proceeds returned to your accounts or remitted to
you . Note, however, that as required by federal banking regulations, the banks in the Bank Deposit Sweep
reserve the right to require seven days prior notice
before permitting a transfer out of the Bank Deposit
Sweep. In addition, the money market mutual funds in
the sweep reserve the right to require one or more
day's prior notice before permitting withdrawals.

The Bank makes certain money market mutual funds
available through the Bank Deposit Sweep and has
entered into agreements with the mutual fund
companies with respect to the available funds. Mutual
funds are sold by prospectus only. Please read the
prospectus for further information including sales
charges, deferred sales charges, withdrawal charges and management or other fees.

Muni Substitute Interest: With respect to transactions
involving your purchase of a municipal security having
interest that is exempt from federal and/or state
income taxes, if you do not receive good delivery of
such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the
settlement date of the transaction until you receive
good delivery may be considered by the Internal
Revenue Service ("IRS") to be taxable ("substitute")
interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax
advisors regarding the tax implication of any such fail to receive scenario.

Non-deposit investment products offered or sold by
the Bank, including investments in mutual funds
available through the Bank, are not federally insured or guaranteed by or obligations of the U.S. government,
the Federal Deposit Insurance Corporation ("FDIC"),
the Federal Reserve System or any other government
agency; are not bank deposits; are not obligations of,
or endorsed or guaranteed in any way by any bank or
the Bank; and are subject to risk, including the possible loss of principal, that may cause the value of the
investment and the investment return to fluctuate.

When the investment is sold, the amount may be
higher or lower than the amount originally invested.

Page 2 of 3 ends

Customer Complaints and Reporting Discrepancies: All
inquiries, statement reporting inaccuracies or
discrepancies, or complaints regarding your account or
the activity therein should be directed to:

Customer Service
90 South 7th Street
5th Floor, MAC N9303-054
Minneapolis, MN 55402
1-800-645-3751, option 5,
[email protected].

To further protect their rights, customers should also reconfirm in writing to the above address any oral communications with the Bank relating to inaccuracies
or discrepancies.

The Bank's financial statements are available upon
request.
24 CITY OF LOS BANOS
Account Number: 1 AB28736
Money Market Fund Activity
Goldman FS Gov Inst 465
*As of March 31 , 2025
USO
Transaction
Date
03/03/25
Activit}'._
Beginning Balance
Reinvest
Ending Balance
030057 1004928 0009 10117 UN#4125304-0000655? 74887-0010 96110 04/02/25 P Dividend paid
this period
376,293.42
Shares Price

1.0000
376,293.42000

1.0000
7 day*
simple yield

4.220%
Market Value ($)
114,597,931.19
114,974,224.61
Safekeeping
ATTACHMENT B Continued
Statement Ending:
30 day*
simple yield

4.250%
Dividend Amount
376,293.42

Page 3 of 3 ends

March 31, 2025
Share Balance
114,597,931.19000
114,974,224.61000
114,974,224.61000
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
MARCH 19, 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 6:01 p.m.

PLEDGE OF ALLEGIANCE: Acting Police Chief Melden led the pledge of allegiance.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(8): (ONE OR MORE POTENTIAL CASE). Mayor Amabile reported that a closed session regarding anticipated litigation was held at 5:00 PM prior to the Regular City Council Meeting and reported that direction was given to staff.

Motion by Lewis, seconded by Chavez to approve the agenda as amended, continuing Item 11 - Consideration of Selection of an Executive Search Firm to Assist the City Council in the Recruitment of a New City Manager to April 16, 2025. The motion carried by the affirmative action of all Council Members present.

PRESENTATION - PROCLAMATION RECOGNIZING RED CROSS MONTH. Mayor Amabile presented the proclamation to Ms. Gameelah Mohamed, Community Disaster Program Manager with Red Cross who was in attendance to accept. Ms. Mohamed spoke to the services the Red Cross offers.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE 27 ITEM 7C
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. BLANCHE JORGE, Los Banos Elks Lodge, thanked the council for accepting a grant they obtained. She mentioned other grants, including one to help Kings View get a new kitchen, and highlighted their efforts like distributing dictionaries and school supplies, supporting veterans, providing CPR dummies to the fire department, and offering aid during COVID. She encouraged people to reach out to the Elks Lodge for help where needed; ELUSA VIOS, Golden Valley Health Center, invited the public to a town hall to discuss services and hear from patients. They are celebrating 50 years of care in Los Banos next year and invited the council to attend; CAMMI AVELLAR, expressed gratitude for the progress on the Shaunessy Park project and urged reconsideration of a roundabout at 152 and Volta, citing traffic concerns; KELSEY DAGUERRE, Accounting Clerk in the Finance Department and serves as a representative of the Public Works Union, expressed thanks for progress in contract negotiations and urged continued collaboration; VIRIDIANA RENTERIA, Los Banos representative for Peninsula Clean Energy, invited everyone to the ribbon-cutting for the Community Center's solar panels and provided information on water bill due dates and a table at City Hall for assistance; GERRY GIESEL spoke about the importance of the Friends of the Los Banos Library, the possibility of privatization, and concerns about library closures. He also thanked the council for broadcasting meetings and encouraged support for the library; UNNAMED PERSON, expressed concerns about BASS projects popping up in the state, particularly with the environmental and community impacts, urging the council to ensure first responders are prepared for such incidents and to reconsider roundabouts affecting residents, particularly the ones at Pacheco and 152; Mayor Amabile suggested having the fire chief give an update at the next meeting on how prepared they are for fire incidents like the one at Moss Landing. It was noted that no comments were received by the City Clerk. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like item 8D - City Council Resolution No. 6899 - Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project and Item BE - City Council Resolution No. 6900 - Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024- 2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711 for discussion and presentation.

Item 8D - City Council Resolution No. 6899 - Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project. Council Member Lewis raised concerns about a $300,000 excess in funds, asking whether the money would be rolled over into the next fiscal year and if there was a reason for pushing it forward. Public Works Director/City Engineer Bergson explained that the money would be extended into Fiscal Year 2026 because only one bid was received, and they wanted to combine the work into a larger contract for cost savings.
28 Council Member Lewis questioned why a bid under the $300,000 amount was not selected . . Public Works Director/City Engineer Bergson responded that the bid was not considered competitive, and with only one bid, they preferred to wait until summer to combine the work. Council Member Lewis disagreed, feeling it was unfair to reject the bid if it met the criteria and that staff just wants to obtain additional bids. Public Works Director/City Engineer Bergson assured that combining the work would get more work for the dollar and that he believed it would save costs.

Council Member Lewis asked when the new bid would go out, and Public Works Director/City Engineer Bergson stated it would be in June, with the award in July and construction starting in the summer. Council Member Lewis emphasized that the work should ideally be completed in the year it was budgeted for, especially if the bid amount was under budget.

Mayor Amabile asked when the bid went out, and Public Works Director/City Engineer Bergson said it was in January. Interim City Manager Brizzee clarified that in June, they will be bidding out over $2 million worth of work, which would allow them to maximize the project costs. Council Member Lewis expressed frustration, suggesting they should not have gone out for a bid if this was the result. Mayor Amabile noted that having only one bid was concerning and could lead to change orders down the line.

Item 8E - City Council Resolution No. 6900 - Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024-2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711. Public Works Director/City Engineer Bergson deferred to Facilities Manager River, then Interim City Manager Brizzee presented the staff report and explained the upcoming HVAC upgrades in various city facilities.

Council Member Lewis raised concerns about the $422,711 grant and the $270,000 City contribution, mentioning that the City was transitioning from gas pumps to electric for power. She emphasized the need to ensure that key facilities like Public Works on Madison Ave, the Community Center, Pacheco Park, and Miller & Lux have backup power in case of an outage. She wants to ensure that citizens have the option of gas or electric and not being stuck with one or the other. Mayor Amabile asked if the Community Center had a generator, to which Director Heim responded no. Council Member Chavez stressed the importance of maximizing tax dollars and doing thorough due diligence before putting out Request for Proposals. He pointed out that businesses invest time and resources to submit bids, so it's crucial to ensure the process is thoughtful and efficient.

Motion by Chavez, seconded by Sanders to approve the consent agenda as follows:

Check Register for #250352 - #250582 in the Amount of $1,173,047.86; City Council Meeting Minutes: City Council Adjourned Meeting Minutes of January 8, 2025, City Council Meeting Minutes of January 15, 2025, City Council Special Meeting Minutes of February 3, 2025, City Council Meeting Minutes of February 5, 2025, City Council Adjourned Meeting Minutes of February 10, 2025, City Council Meeting Minutes of February 19, 2025, City Council Meeting Minutes of March 5, 2025; City Council 29 Resolution No. 6898 -Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Sec. 4003, Section E - Parks & Recreation and Section F - Fire & Building; City Council Resolution No. 6899 - Rejecting the Bids for the Construction of the 2025 Street Rehabilitation Phase 2 Project; City Council Resolution No. 6900 - Authorizing the Interim City Manager to Enter into an Agreement with Peninsula Clean Energy Authority and Amend the Fiscal Year 2024-2025 Budget by Increasing Revenues and Expenditures in the Facility Fund in the Amount of $422,711; City Council Resolution No. 6901 -Amending Resolution No. 6880, Calling and Giving Notice of the Holding of a Special Election to be Held by Mail on Tuesday, August 26, 2025 to Fill a Vacancy Created by the Resignation of Council Member Lambert, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities to Include Provisions Specifying How to Break a Tie, Authorizing the Elections Department to Conduct the Canvas, and Confirming that the City Will Reimburse the County for the Costs of Conducting the Election; City Council Resolution No. 6902 - Approving Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11 B and Accompanying Subdivision Agreement (Stonefield Home, Inc.); City Council Resolution No. 6903 -Approving Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 11 C and Accompanying Subdivision Agreement (Stonefield Home, Inc.). The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024 AND TO CONSIDER AN EXEMPTION FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE LAW: CITY COUNCIL RESOLUTION NO. 6904-ADOPTING THE 2024 ANNUAL REPORT ON THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS REPORT IN ITS IMPLEMENTATION.

Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Amabile opened the public hearing. KA THY BALLARD asked about the availability of lower-priced condos and townhouses and whether they were included in the plan.

UNNAMED PERSON inquired about the consequences of not meeting the housing goals, questioning who the city was working with and why individual goals were set. The public hearing was then closed with no further comments.

Community & Economic Development Director Elms responded, explaining that condos and town homes could fall under medium density, · and potentially be classified as lowincome if they have Section 8 vouchers. She also suggested that moderate-density homes might be a better fit for these types of housing. Regarding the consequences of not meeting goals, she stated that the City could lose eligibility for state grants and funding, face penalties in the future, and jeopardize current grants. She emphasized that staying in compliance is important for maintaining funding and support, and the city's multi-jurisdictional housing element benefits from this combined approach, similar to other cities and counties. Council Member Lewis referred to page 182 of the report, pointing out the distinction between deed-restricted and non-restricted housing in the RHNA 30 income level. Community & Economic Development Director Elms clarified the difference, and the Mayor added that if the project is sold, the deeds would follow the property.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6904 - Adopting the 2024 Annual Report on the Status of the Housing Element of the General Plan and Progress Report in Its Implementation. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6905 - ACCEPTING GRANT DEED OF 2.33+ ACRES LOCATED AT SHAUNESSY VILLAGE PHASE 1

FOR A FUTURE PARK AND STORM BASIN FOR PUBLIC USE AND AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS FOR THIS DEDICATION ACCEPTANCE. Public Works Director/City Engineer Bergson presented the staff report. Parks & Recreation Director Heim spoke in more detail, which included a PowerPoint presentation.

Mayor Amabile asked if the project needed to be rebid due to pricing. Parks and Recreation Director Heim explained that the current contract would include a schedule extension and a 2.7% CPI adjustment, along with some additional costs due to delays.

Rebidding would delay the project further and likely increase costs by 25-30%. Council Member Chavez thanked everyone involved, including Stonefield Homes, emphasizing the importance of getting the project completed, noting that residents have waited a long time. Council Member Lewis thanked Interim City Manager Brizzee, city staff, and the developer for their cooperation and highlighted how residents will be pleased to see the project move forward. She also acknowledged Mr. Hostetler for his role in advancing the project. The Mayor stressed the project's importance, acknowledging that it hadn't been fair to the residents due to delays. He thanked Stonefield Homes and Greg Hostetler for their efforts and noted it's now time to focus on the next project: DeAnza Way.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6905 - Accepting Grant Deed of 2.33+ Acres Located at Shaunessy Village Phase 1 for a Future Park and Storm Basin for Public Use and Authorizing the Interim City Manager to Execute All Required Documents for this Dedication Acceptance. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NE'A' CITY MANAGER. Removed from the agenda at the beginning of the meeting and continued to the April 16, 2025 meeting.

CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6906 - IN SUPPORT OF SENATE BILL (SB) 466 THE CHROMIUM-6 MCL COMPLIANCE SAFEGUARD ACT.

City Attorney Vaughn presented the staff report.

Council Member Lewis asked if the City would still need to pay the full amount if the project is completed before October, given that the request covers a specific dollar 31 amount through the legislative year. City Attorney Vaughn responded that the City has a policy advisor helping guide the process at a cost of around $4,000 per month, and confirmed that the engagement agreement can be adjusted if the project wraps up early.

Motion by Sanders, seconded by Chavez to adopt City Council Resolution No. 6906 - In Support of Senate Bill (SB) 466 the Chromium-6 MCL Compliance Safeguard Act. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (No Report).

CITY MANAGER REPORT. Interim City Manager Brizzee thanked everyone involved in the Shaunessy Park project, calling it a great team effort between Stonefield Homes and the City. He acknowledged that DeAnza Way remains a priority for the council, but noted it involves Caltrans which adds complexity. Seven Los Banos Police Department Police Officer Trainees will be graduating from the Fresno Police Academy next Friday, calling it a proud and memorable moment. An update was provided on the One Tree Housing Project. There will be 58 permanent housing units for the unhoused. 50% of funds must be spent by July 2025 and 50% must be obligated by then. The project will be heard by the Planning Commission within 30 days and groundbreaking is expected in the next 90 days. The developer anticipates that leases will begin in 18-24 months. Staff is actively working to improve the situation at the G Street encampment.

CITY COUNCIL MEMBER REPORTS:

DEBORAH LEWIS - DISTRICT 4: Mentioned that the Air Board has $20 million allocated for hybrid or electric vehicle funding, noting that this is the last round of funding available.

She encouraged everyone to say informed and apply for vehicle replacement funds. She spoke positively about participating in the Red Cross Smoke Detector Replacement events with the fire department, calling it a fun and meaningful community service. She plans to follow up with Caltrans District 10 to see if the roundabout project is final, and expressed a preference for a traffic light instead, citing community safety concerns. Her presence will be made at the Fresno Police Academy graduation on March 28 for the seven Police Officer Trainees. She was sad to say that she would not be able to attend the March 28 ribbon cutting for the Community Center solar panels.

DISTRICT 1: Vacant
EVAN SANDERS - DISTRICT 2: Thanked city staff for their work in preparing for the meeting and congratulated the new police officers joining the force. He gave a special shoutout to Parks & Recreation Director Heim, calling him the hardest working person in the community, and thanked him for his efforts, especially around Arbor Day. He also expressed appreciation for the Interim City Manager for helping move projects forward and shared excitement about Shaunessy Park progressing.

MARCUS CHAVEZ - DISTRICT 3: Stated that he plans to attend the MCAG meeting regarding Highway 152 in Volta, expressing opposition to the proposed roundabout and 32 hoping it's not finalized. He congratulated the police academy graduates and extended congratulations to Police Chief Reyna for graduating from the FBI Academy. He thanked city staff for their efforts addressing the homeless encampment cleanup, acknowledging community complaints about road conditions. Appreciation was also given to Parks & Recreation Director Heim for his work, especially around Arbor Day, and for efforts leading up to the upcoming ribbon cutting. He concluded by thanking everyone involved in moving projects forward, including Shaunessy Park.

MICHAELS. AMABILE - MAYOR: Shared that during the MCAG meeting, they were told the roundabout on Hwy 152 is not finalized, and they're working to have Caltrans attend a future City Council meeting to provide updates. He noted there are MCAG and LAFCO meetings happening tomorrow and asked Stacy to explain the Municipal Service Review process. He encouraged residents to apply for open commission seats, stressing the importance of community involvement and input. He also mentioned a sign being installed at 6th Street and Hwy 152, referencing an old downtown improvement plan that included an archway and other upgrades back when the city had a Redevelopment Agency and wondered why those improvements were dropped but thanked the council for funding the new downtown sign, expressing hope that it will enhance the city's image.

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED
REPRESENTATIVES: INTERIM CITY MANAGER BRIZZEE, CITY ATTORNEY

VAUGHN, HUMAN RESOURCES DIRECTOR MALLONEE, LEGAL COUNSEL TUFFO, FINANCIAL CONSULTANT KUHN; EMPLOYEE ORGANIZATIONS: LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME. Mayor Amabile reported that direction was given to staff.

CLOSED SESSION - PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE:

CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957. Mayor Amabile reported that direction was given to staff.

ADJOURNMENT. The meeting was adjourned at 9:49 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
33 THIS PAGE IS INTENTIONALLY LEFT BLANK
34 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
APRIL 2, 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 6:01 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, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Police Chief Reyna, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Fire Chief Tualla, Public Works Director/City Engineer Bergson, Finance Consultant Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that Item 8 - Consideration of Approval of City Council Resolution No. 6912 - Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $4,432,440 with a 15% Contingency of $664,866 for the Construction of the Final Kilometer Sewer Trunk Line Replacement Project and Item 9 - Construction of Approval of City Council Resolution No. 6913 -Authorizing the Interim City Manager to Execute a Purchase Order with Agee Construction Corporation in the Amount of $175,269 for the Procurement of Reinforced Concrete Pipe Pursuant to Section 3-10.250(M) of the City Municipal Code are being removed from the agenda.

Motion by Lewis, seconded by Chavez to approve the agenda as submitted with the removal of Items 8 and 9 as stated above. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS - CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR MARCH 2025 - MARIAH MARTINEZ, RECREATION COORDINATOR I, PARKS & RECREATION DEPARTMENT; INTRODUCTION OF THE SEVEN (7) NEW POLICE OFFICERS: RAFAEL GONZALEZ, RAYSHAWN OWENS, MAX PUGH, JOSHUA TOVAR. MARCO ALVARADO, BENJAMIN SILVA, KRISTIAN ROCHA.

Mayor Amabile presented the certificate of recognition to Mariah Martinez who was in attendance to accept. Police Chief Reyna introduced the latest new Police Officers that recently graduated from the Fresno Police Academy, who were present to be recognized. 35 ITEM 7D
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.

GREG HOSTETLER, expressed concern about the lack of communication from the Public Works department regarding a sewer extension project. Although there were indications the project might move forward, no plans have been shared, and no meetings have been scheduled with landowners or the trust. His team had previously requested drawings and noted the absence of an easement for the proposed trunk line. No formal requests have been made, despite the project's significant impact on actively farmed property. He emphasized that a meeting months ago could have helped address these issues. He also noted the need for insurance and a project schedule from the city.

Additionally, he mentioned being previously prohibited from bidding on the project by the former city manager but thanked current staff, council, and the city manager for addressing a similar past situation (Shaunessey Park), where he felt wrongly blamed.; HIDO PEREZ, speaking on behalf of the food vendors, they're requesting a change in the current rules to allow tables and canopies as many customers prefer having a place to sit and eat, so allowing this would improve their experience; ERICA HOUDESS, President of Los Banos Friends of the Library, highlighted the services they offer, along with the activities and programs they organize, and encouraged others to get involved by becoming members and supporters.; UNNAMED PERSON, spoke about their ongoing efforts to care for cats without anyone looking after them and shared that she recently completed her second year of conducting a feral cat count in the city, which she is currently reviewing for accuracy. She discussed the need for future funding and mentioned that the animal shelter has 18,000 followers. With staff already stretched thin, they're hoping to add another team member and establish a hotline for reporting animal abuse or violations. She also emphasized the high number of pregnant cats coming through the shelter and their commitment to finding homes for them. There are 11 registered 501 (c)(3) rescues in the area, all of which are being utilized, and even out-ofstate organizations in two other states are requesting animals. Overall, she highlighted the urgent need for more funding and resources at the shelter. Mayor Amabile spoke to confusion with letters being submitted to the city council being read or not read, and hov,v he can understand how it cannot be clear and now all letters will be read moving forward and asked the City Clerk to read the letter received last week that was not read. The City clerk read a letter from JULIE CREIGHTON requested follow-up on a matter discussed at a recent community meeting regarding potential relocation plans for unhoused individuals currently residing at the G Street encampment, how she understands there may be efforts to move individuals to a shelter facility outside of Los Banos, which could help address the current lack of local shelter resources, and is requesting clarification on whether this has occurred or is still planned. No one else came forward to speak and the public forum was closed.
36 CON SI DE RATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like item to pull items 78 - City Council Resolution No. 6907 - Accepting Public Improvements for Quail Meadows, The Villages V Phase 2, Unit 2 (Lodi Development, Inc.) and 7C - City Council Resolution No. 6908 - Accepting Public Improvements for Dove Hollow, The Villages VII Phase 3 (Lodi Development, Inc.) for discussion prior to approval.
78 - City Council Resolution No. 6907 - Accepting Public Improvements for Quail Meadows, The Villages V Phase 2. Unit 2 (Lodi Development, Inc.) and 7C - City Council Resolution No. 6908 -Accepting Public Improvements for Dove Hollow, The Villages VII Phase 3 (Lodi Development, Inc.) Council Member Lewis inquired as to this cost/expenditure for speed humps-are our staff working with the developer to address areas with problem streets or dispersed traffic issues for which Public Works Director/City Engineer Bergson responded that the locations for the speed humps have already been identified.

Motion by Chavez, seconded by Sanders to approve the consent agenda as follows:

Check Register for #250582 - #250817 in the Amount of $1,661,441.51; City Council Resolution No. 6907 - Accepting Public Improvements for Quail Meadows, The Villages V Phase 2, Unit 2 (Lodi Development, Inc.); City Council Resolution No. 6908 -Accepting Public Improvements for Dove Hollow, The Villages VII Phase 3 (Lodi Development, lnc.);City Council Resolution No. 6909 - Ratifying the City Manager's Approval of the Employment Agreement with the Finance Director Minerva Moreno; City Council Resolution No. 6910 - Approving a Side Letter Agreement / Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Dispatchers/ Community Services Officers Association Regarding COLA Salary Increase for Public Safety Dispatchers; City Council Resolution No. 6911 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section G - Police, Public Safety Dispatchers. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6912 AUTHORIZING A1.l)JARD OF CONSTRUCTION CONTRACT TO ROLFE CONSTRUCTION, INC. IN THE AMOUNT OF $4,432,440 1.'YITH A 15% CONTINGENCY OF $664,866 FOR THE CONSTRUCTION OF THE FINAL KILOMETER SE1 NER
TRUNK LINE REPLACEMENT PROJECT. Removed at the beginning of the meeting with the approval of the agenda.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6913

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PURCHASE ORDER \'YITH AGEE CONSTRUCTION CORPORATION IN THE AMOUNT OF $175,269 FOR

THE PROCUREMENT OF REINFORCED CONCRETE PIPE PURSUANT TO SECTION 3 10.250{M) OF THE CITY MUNICIPAL CODE. Removed at the beginning of the meeting with the approval of the agenda.
37 MID-YEAR 2024-2025 FISCAL YEAR BUDGET REVIEW; City Council Resolution No. 6914 -ADOPTING A REVISED BUDGET FOR THE 2024-2025 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES. Finance Consultant Kuhn presented the staff report, which included a PowerPoint presentation.

Council Member Lewis inquired as to the funds for elections, will the upcoming election be included in the budget for the next cycle for which Financial Consultant Kuhn responded yes and he spoke to the reclassification of line items and bringing it to Council for approval. Ms. Lewis inquired as to the special programs funds, Cal Wellness Grant and Mr. Kuhn responded We received the grant upfront and deferred both the expenditure and the need for appropriation for the state grant for the Police Department. Mayor Amabile stated This is our midyear budget review, and we are making adjustments to ensure everything is in line, including increasing the police and fire budgets to the appropriate levels. We will also be reviewing next year's budget in upcoming public meetings. A big thanks to the staff for their work on the midyear budget update.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6914 - Adopting a Revised Budget for the 2024-2025 Fiscal Year as it Pertains to Expenditures and Revenues. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER AND AN

AL TERNA TE TO THE VALLEY-WIDE SPECIAL CITY SELECTION COMMITTEE

ASSOCIATED WITH THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT. Council Member Lewis explained the SJVAPCD Special City Selection Committee and the purpose and how members and board members are selected.

Motion by Amabile, seconded by Council Member Chavez appointed Council Member Lewis to the Valley-Wide Special Selection Committee associated with the San Joaquin Valley Air Pollution Control District. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Chavez to appoint Council Member Sanders as the Alternate Member to the Valley-Wide Special Selection Committee associated with the San Joaquin Valley Air Pollution Control District. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (No Report).

CITY MANAGER REPORT. Interim City Manager Brizzee introduced the new Finance Director, Minerva "Minnie" Moreno, who was in attendance, and read her biography, and then Ms. Moreno spoke briefly to the council thanking them for the opportunity. Mr.

Brizzee provided an update on the animal shelter, mentioning delays caused by PG&E due to unavailable equipment. The plan includes adding kennels and increasing capacity for both cats and dogs, with hopes for a June completion. Congratulations were extended to the seven new police officers, who are a great addition to the team, as well as to two 38 officers promoted through their jiu-jitsu achievements. There will be an upcoming ribboncutting for Pollo Loco and a welcome sign, along with updates on Shaunessy Park, where some progress may be made this month.

CITY COUNCIL MEMBER REPORTS:

DISTRICT 1: Vacant
EVAN SANDERS - DISTRICT 2: Congratulations to Chief Reyna on graduating from the FBI Academy. Welcome to Minnie, and with Brent's presentation, it's clear we are in a strong financial position; thanks to him for his transparency. Appreciation also goes to Council Member Lewis for nominating an alternate board member to the APCD. Lastly, it was noted that the homeless encampment looks much better than it has in the past.

MARCUS CHAVEZ - DISTRICT 3: Welcomed Ms. Moreno, it's great to have you on board, and I look forward to visiting and asking questions. Congratulations to Chief Reyna on graduating from the FBI Academy, and it's wonderful to see the seven new police officers. There's a lot of great work being done at the Fire Department. I had the chance to meet with Public Works employees last week at a luncheon, and I mentioned a pothole that was fixed right away. There are concerns about Highway 152, but since that's a Caltrans issue, they will attend a future council meeting to update us on what's happening in Los Banos. The Camarena Health ribbon-cutting ceremony showcased a very nice facility. The homeless encampment is looking much better, and we're working on building strong relationships with our government officials. Amabile shared concerns about the roundabout, particularly with trucks, and is looking forward to seeing the video and hearing the presentation.

DEBORAH LEWIS - DISTRICT 4: Congratulated Ms. Moreno and she looks forward to finally being able to connect with someone and will be meeting with you soon, welcome aboard. Asked Police Chief Reyna if the FBI Academy was more challenging than the Police Officer Academy and he responded yes. She stated that he is very proud of the seven men who graduated from the Police Academy, and as first responders, they are especially close to my heart. It's great that we've been able to make our departments whole and correct the budgeting and overtime issues, thanks to the Finance Department for their hard work. There's a grand opening for Rare Earth Coffee, a new coffee shop, and Oliveira Park was painted during a volunteer event. At the Valley Air meeting, we approved $20 million for clean vehicles, and sign-ups will be available for those interested in vehicle replacements. Merced County won't be participating until May, but I encourage everyone to visit the Valley Cam website for vehicle replacement details. On April 8, there will be sign-ups in Madera, and on April 10 in Modesto. The ribbon-cutting for El Pollo Loco is this Friday, and on April 12, we'll have our 4th Annual Egg Hunt at Oliveira Park with plenty of fun activities.

MICHAELS. AMABILE-MAYOR: Inquired as to how many chiefs have graduated from the FBI Academy for which Interim City Manager stated: Police Chiefs Broderick, Brizzee, Reyna and Police Commander Hedden. On April 16, Caltrans will present before the 39 council. He mentioned Julie Creighton's letter regarding the unhoused population in town and highlighted that meetings are held weekly, with staff working daily on the issue. It's a top priority, and we are collaborating with three companies to find solutions. We're also seeking funding and financing options to prevent this from becoming a burden on the city, working quickly on grant funding before it expires, Last week, we had our LAFCO meeting, which focuses on budgets. The MCAG meeting also discussed budgets and transportation issues. The PCE ribbon-cutting for the new solar system at the Community Center was a success. He also spoke about solar projects statewide and how between 11 am and 2 pm, the California grid can't accept additional power, which is why many are turning to battery projects to store energy. Discussions are ongoing with the school district to restart the 2x3 meetings, involving two council members and three school board members, which have been well received. We're also evaluating all of our commissions and shared his experience as an airport commissioner, expressing interest in making all commissions equally important by possibly holding joint meetings. Additionally, he suggested the high school could elect council members to participate in mock meetings.

He mentioned several commissions with vacancies, including Measure H, Measure P, Measure V, Planning Commission, and Tree Commission, with applications due this Friday. He encouraged everyone to apply and get involved. Finally, it was nice to see the budget in order and to welcome the meeting.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(8}: (ONE POTENTIAL CASE). Mayor Amabile stated that direction was given to staff.

ADJOURNMENT. The meeting was adjourned at 8:20 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
40 TO:

FROM:

DATE:

SUBJECT:

LOsBanos
,,, '""'
Agenda Staff Report
Mayor and Council Members
Eddie
Ray Reyna,
Drum,
Chief
Police
of
Commander
Police ~ ~
April 16, 2025
Authorization to execute a 10-year purchase agreement with Axon Enterprises Inc. for the acquisition of new body-worn cameras, data storage, Taser devices, and a service plan for use by the Police Department
TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council authorizes the Interim City Manager to execute a ten-year purchase agreement with Axon Enterprises Inc. for the purchase of sixty (60) body worn cameras, Taser 10, licensing, data storage, and service plan for Police Department use.

Background:

The Los Banos Police Department is attempting to transition from the antiquated Panasonic Arbitrator body worn cameras, outdated tasers and enter into a ten-year agreement with Axon Enterprises Inc. Given the shortage of equipment and advancements in technology, the Police Department has worked closely with Axon Enterprises to come up with a contract that will better fit the needs of the Police Department and to better serve the community. The Police Department is requesting the City Council approve an agreement with Axon Enterprises Inc. for the purchase of body worn cameras, tasers, CAD/RMS Integration, and redaction assistant software 41 ITEM 7E
agreement for a total of $2,423,727.15 over the ten-year contract period, ($242,373.67 a year), billable each July.

Discussion:

The Police Department is requesting the purchase of the Axon-4 body worn cameras, Taser-1 O's, CAD/RMS Integration, redaction assistant software, software licenses, data storage, and extended warranty. This ten-year purchase agreement allows the department to store data and upgrade all cameras every 2.5 years and lasers every 5 years. The replacement is at no additional cost and is part of the agreement between the City of Los Banos and Axon Enterprises.

The Los Banos Police Department is authorized (2024-2025) forty-eight (48) sworn positions and thirty- two (32) professional staff positions. Of the thirty-two professional staff, six (6) are Code Enforcement Officers. The Police Department is requesting the purchase of sixty (60) body worn cameras. This would provide the department with six (6) spare cameras, for future growth and for use when cameras are down for repair.

The Axon-4 body-worn camera is designed with interoperability in mind, allowing integration with our allied agencies who use the same Axon platform. This facilitates easier data sharing, and coordination between agencies. The camera system is equipped with secure, cloud-based data storage, enabling quick transfer of footage and evidence to other departments.

The ten-year purchase agreement will require the city to make annual payments to Axon Enterprises Inc. for the software licensing, data storage, integration, and equipment warranty as follows:

Year 1: (July 2025)- $242,372.67
Year 2: (July 2026)- $242,372.67
Year 3: (July 2027)- $242,372.67
Year 4: (July 2028)- $242,372.67
Year 5: (July 2029)- $242,372.67
Year 6: (July 2030)- $242,372.67
Year 7: (July 2031 )- $242,372.67
Year 8: (July 2032)- $242,372.67
Year 9: (July 2033)- $242,372.67
Year 10: (Jul:t 2034 }- i242,373.12
TOTAL: $2,423,727.15
42 These products are available for purchase from Axon Enterprises Inc. through Sourcewell contract #101223-AXN, which is specifically designed for law enforcement agencies. Sourcewell is a cooperative purchasing organization for state and local governments and is authorized under the Los Banos Municipal Code as an alternative to the traditional competitive bidding process. By utilizing Sourcewell, the City of Los Banos can procure this safety equipment at a competitive price, alongside multiple other participating agencies. This agreement will provide our first responders with upgraded Body Worn Camera equipment, ensuring compliance with government standards, enhancing coordination with allied agencies and limiting liability to the city. The Axon Cooperative Procurement Agreement has been reviewed and approved by the City Attorney.

Some highlighted features of the equipment desired to be purchased include:

Axon 4 Body Worn Camera (BWC)
• Watch BWC videos on a department cell phone while out in the field • The ability to tag evidence right from a department phone • Can still record footage even when it's not turned on • Works well in the dark with night vision
• Wide 160-degree view to capture more footage
• The ability to talk back and forth with people through the camera • Helps gather better evidence
• Charges quickly and will last an entire work shift
• Supervisors can access live camera to see what's happening and track location with GPS
Axon Signal Unit (ASU)
• This is a device that can be installed in emergency vehicles • When the emergency vehicle lights or other triggers are activated, the Axon Signal Unit sends a signal to the Body Worn Camera to automatically turn itself on. It starts recording without needing to be manually turned on Axon Signal Performance Power Magazine (SPPM)
• This is a battery pack for the Taser 10
• When you move the safety switch from "SAFE" to "ARMED" it se11ds a signal • The Axon system receives the signal and starts recording 43 • All Axon Body Worn Cameras within a 30-foot radius will activate and start recording
laser 10 New Era Less Lethal Technology
• This Taser has a maximum range of 45 feet, giving more time and space to calm down a situation
• If needed, the Taser 10 can deploy up to 10 separate probes without reloading • The Taser 10 is more accurate and reliable then its predecessors, reducing the chances of needing to use deadly force
• Taser 10 has almost twice the range of our current X26 laser Expenditures:

Specialized Equipment: 101-421-290-753 $242,372.67 a year Fiscal Impact:

To ensure the timely acquisition of the requested equipment and to secure this purchase agreement, the Police Department intends to make a one-time payment of $10,000.00 from account 237-421-170-752 in June 2025. This payment will finalize the purchase agreement and enable the Los Banos Police Department to receive its order ahead of other agencies that typically place orders at the beginning of the fiscal year.

There is no additional annual maintenance or ongoing fees associated with this project and the ten-year purchase agreement is including the quoted expenditures. The cost to acquire sixty (60) Axon-4 cameras, Taser-10, integration, data, software licensing and ten-year purchase agreement will be paid out of Measure H.

Reviewed by:

Minerv
Attachments:

Resolution
Agreement
44 RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE A COOPERATIVE PROCUREMENT

AGREEMENT (PIGGYBACK) WITH AXON
ENTERPRISES INC. FOR THE PURCHASE OF NEW

BODY WORN CAMERAS, DATA STORAGE, TASER

DEVICES AND A SERVICE PLAN FOR POLICE
DEPARTMENT USE.

WHEREAS, the Los Banos Police Department desires to update the antiquated Panasonic Body Worn Camera and Taser platform; and
WHEREAS, the Los Banos Police Department has identified Axon Enterprises as a responsible vendor, capable of delivering a reliable Body Worn Camera and Taser system, which will leverage this technology to provide protection for the community, officers, and city using this system; and
WHEREAS, Axon is a party to Contract No. 101223-AXN with Sourcewell dated February 6, 2024, related to "Public Safety Video Surveillance Solutions with Related Equipment, Software and Accessories" (the "Sourcewell Contract"), which is incorporated herein by reference and eligible for piggyback purchases; and WHEREAS, Axon has agreed to provide goods and services within the scope of the Sourcewell Contract to the City at the same prices chargeable to Sourcewell; and WHEREAS, the goods and/or services required by the City and that the City seeks to obtain from Axon are within the scope of the Sourcewell Contract; and WHEREAS, City Council authorize the City Manager to execute a contract with Axon Enterprises and execute a service agreement for Body Worn Cameras, Tasers, data, storage, and service plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos approves and authorizes the Interim City Manager to execute the Cooperative Procurement Agreement (Piggyback) with Axon Enterprises for Axon 4 Body Worn Cameras, Taser 1 O's, and service precited herein.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16 day of April 2025, by; 45 AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
46 COOPERATIVE PROCUREMENT AGREEMENT (Pig2Vback)
Sourcewell Contract #101223-AXN
This Agreement ("the Agreement") is hereby made this_ day of ____ , 2025, by the City of Los Banos, a California municipal corporation ("City") and Axon Enterprise, Inc. ("Axon"). Collectively, City and Axon are the "Parties." WHEREAS, the City is desirous of having Axon provide Public Safety Video Surveillance Solutions with Related Equipment, Software, and Accessories, as herein described; and WHEREAS, Axon is a party to Contract No. 101223-AXN with Sourcewell dated February 6, 2024, related to "Public Safety Video Surveillance Solutions with Related Equipment, Software and Accessories" (the "Sourcewell Contract"), which is incorporated herein by reference and eligible for piggyback purchases; and
WHEREAS, Axon has agreed to provide goods and services within the scope of the Sourcewell Contract to the City at the same p1ices chargeable to Sourcewell; and WHEREAS, the goods and/or services required by the City and that the City seeks to obtain from Axon are within the scope of the Sourcewell Contract; and WHEREAS, it is the purpose of this Agreement to describe the formal rights and obligations of the Parties;
NOW, THEREFORE, WITNESSETH that, for the consideration herein indicated, and in consideration of the mutual promises and covenants set forth in this Agreement, the Parties Agree as follows:

1. The Parties intend to utilize the Sourcewell Contract for the goods and services detailed in the Quote attached hereto as Exhibit A and incorporated herein by reference (the "Quote").

2. In the event the term of the subscriptions specified on the Quote extends past the termination or expiration of the Sourcewell Contract, the terms and conditions of the Sourcewell Contract shall remain in full force and effect as it applies to the Quote and will continue in effect for such order until the term of that Quote expires or the order is cancelled or terminated in accordance with the terms of this Agreement or the Sourcewell Contract.

This Agreement, together with Sourcewell Contract #101223-AXN, constitute the entire agreement between the Parties relating to the subject matter of this Agreement. All prior understandings, agreements, correspondence and discussions of the Parties are merged into and made a part of this Agreement. To the extent that the terms of the documents conflict, the terms of this Agreement shall control.

This Agreement may be executed by the Parties by facsimile and in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.
47 Axon Enterprise, Inc.

Signature: _ ______ ____ _
Name: -------------
Title: -------------
Date: --- ----- -----
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
City of Los Banos
Signature: ___________ _
Name: -------------
Title: -------------
Date: ___________ _ _
48 Exhibit A
(See attached Quote)
Axon Quote# Q-657311-45757.009KP
49 • sHiii-fo
Los Banos Police Dept.
1111 G St
Los Banos,
CA
93635-3762
USA
Quote Summary
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
I
1 BILL TO .. --·. ---- ·-···-· . -~· •'••··
Los Banos Police Dept. -CA
11 11 GSt
Los Banos
CA
93635-3762
USA
Email:
~ogram Length I . 120 Months
··-·••··•·······- -··--·-·•····
TOTAL COST $2,354,456.80
ESTIMATED TOTAL W/ TAX . ~2,4?3,7-27.1~

Page 1 ends

\
..

SALES REPRESENTATIVE ----- .• ••· ........ ... •·····-··· Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Discount Summary
[ Average Savi~-gs Per Year

TOTAL SAVINGS
Q-657311-45757.009KP
Issued 04,'09/2025
Quote Expiration: 04/30/2025
Estimated Contract Start Date 07/01/2025
Account Number: 109232
Payment Terms: N30
Delivery Method:

PRIMARY CONTACT
Ray Reyna
Phone: 209-827-2502
Email: [email protected]
Fax: (209) 827-7085
$103,296.16
$1,032,961.60
Q-657311-45757.009KP
50 Payment Summary . Subtotal . _- __ .. Tax
! Date ·'·
7 !· Jul 2025 ••• • --- • ••••• •• ····-····· ·· • -- - $235,445.68 --- - _____ $6_,926.99 Jul 2026 ms,445.68 $6,926.99
Jul 2027 _ ________ $235,445.68 $6,926.99
Jul 2028 $235,445.68 $6,926.99
Jul 2029 .• $235,445.68 $6,926.99
Jul 2030 ---- . $235,445.68 $6,926.99
. Jul 2031 $235,445.68 $6,926.99
• Jul 2032 _ ____________________ $235,445.68 $6,926.99 ill033 $235,445.68 $6,926.99
Jul 2034 $235,445.68 _ __ $6,927.44
Total - _ ····-·· :.--•-- - = - ---- - - • • $2,3~;45_6:~=- ••••••••••• f~~~(t3f:

Page 2 ends

Total i
$242,372.67 i
$242,372.67
$242,372.67
$242,372.67
~ _4_2,:372.67 i
$242,372.67
. __ $242,372.67
$242,372.67
$242,372.67
$242,373:i2
$21~~3,faf15 .:

Q-657311-45757.009KP
51 Quote Unbundled Price:

Quote List Price:

Quote Subtotal:

Pricing
!!11- df3liverab/es are detaif.~cJ. ~" .f?e/j~~f}'§<?~~<!~te~_ ~ec_tion lo.wfl_( itJ p(c,_pc,_~~l. .......... __ , Item . . . . D.escription • Qty Term Unbundled List Price Net Price Subtotal Tax $3,387,418.40
$2,577,130.40
$2,354,456.80
Total
~Pr9gram ' - ~----- -- . f··~9004.L _ __ . ____ • BUNDLE.:QfflCER $AFETY PLAN 10._P_LUS_ISLE-10-- YR 60 120 $430.70 $318.16 $298.1-L ---· $2,146,608.00 $69,270.35 $2,215,878.35 ~ la Carte Hardware : •• ,, ' . . . . [ 70112 AXONSi'GNAL- VEHICLE ------~- --- 25 $279.00 $0.00 $0.00 $0.00 $0.00 i ! H00002 AB4MultiBayDockBundle __ . -----· 8 ___ . $1 ,638.90 ··-$0.00 $0.00 $0.00 L ~00001 - ---~- AB4 Camera Bundle 60 ~...._- ~-- $0.00 $0.00 _ ·- ! AlaCclrte.SoftWarit •• , -._-__ - ~-~- -•• i 73683 AXON EVIDENCE - STORAGE -10GB A LA CARTE 900 120 $0.91 $0.91 $98,280.00 !Prolicense Pro License Bundle ~--- -~~8 120 ____ $54.52 _ _ $54.03 $51 ,868.80 f Ala~arteService$ · - .. .... . ... .:.~ ---...:.... --- ~-- ·······-·-•·- • $0.00 $0.00 i -. ---~ -[
; j
$0.00 $98,280,00 i
$0.00. $51,.868.80 !
$0.00 l
I 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE- INSIDE 1 $2 ?00 00 $2 700 00 ' SALES ' • ' • $2,700.00 $0.00 $2,700.00
[ 75014 AXON SIGNAL - PSO - INSTALLATION SERVICE ONSITE 1 $3,000.00 $3,000.00 ! 101267 AXON VR - PSO - FULL INSTALLATION 1 $12,000.00 $12]oo.oo $3,000.00 . __ $0.00 $3,000.00
$12,000.00 $0.00 $12,000.00
i 85055 - AXON BODY - PSO - FULL SERVICE 1 ___ $40,000.00 $40,000.00 ~ fa Cart~ Warranties , -.. --'-- • • __ • • • • • • _ $4D.6O0.00 _ -··· __ $0.00 $40,000.00 j B0379_ AXON SIGNAL - EXT WARRJ\NTY - SIGNAL_U~IT 25 109 $1 .48 $0.00 ... $0.00 $0.00 J 0,00 i Total -·········-·•·•·· • . - . ..J2,354,456,80 •• ··-----·$69,27Q,35 ·-·- $2,423,727,15 _; Delivery Schedule
Hardware
Bundle
AB4 Camera Bundle
AB4 Camera Bundle
AB4 Camera Bundle
AB4 Camera Bundle
llem
100147
100147
100466
100775
AB4 Camera Bundle 740?0 . . ---
AB4 Multi.$aybock Bundle 100;,,ui; • ··-·.

Description
AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK
RAPIDLOCK '" .. ·----·· AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK

RAPIDLOCK
AXOITBODY 4 - CABLE - USB-C TO USB-C
AXON BODY 4 - MAGNETIC DISCONNECT CABLE

AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK
---,;xoN BODY 4 - 8 BAY DOCK
AB4Multi8ayDockBundle ~:::: /lJlJ;i:J AXON~ ··--- DOCK ---·· WALL ____ MOUNT . ___ ~·BRACKET _ ... ASSY AB4MultiBayDockBundle -··· /1Ult! · AXUN ·----- --- tlUUY -- - UUI.A\ --------- 1-'UWtKCUKU ------- - NORTH AMERICA BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE -OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
! BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
, BUNDLE· OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
r BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
Page3
100126 AXON VR - TACTICAL BAG
100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R
100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R
100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK
100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK
QTY Shipping Location Estimated Delivery Date
60 1 06/01/2025
2 1 06/01/2025
66 1 06/01/2025
66 1 06/01 /2025
66 1 06/01 /2025
8 1 06/01/2025
8 1 06/01 /2025
8 1 06/01 /2025 --~
3 1 06/01 /2025
2 2 06/01 /2025
60 2 06/01/2025 -- 2 1 06/01 /2025
60 1 06/01 /2025
Q-657311-45757.009KP
52 Hardware --·- --
-Bu(!dle _ _ ___ .. _ _ _ _ _ .. _ _ .. _ _ _ _ _ _ _ lte_m Description _ .. __ _ _ _ _. _ _ __ QTY _ Shippin9 Location ____ ~stimated Deli_ve_ry _!)~~ _ l BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 1DYR ___ 100394 AXON TASER 10- MAGAZINE-HALT TRAINING BLUE 4 1 ___ 06/01/2025 i-·suNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100395 AXON TASER 10- MAGAZINE- LIVE TRAINING PURPLE 3 1 06/01/2025·- --l i BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100396 AXON TASER 10- MAGAZINE - INERT RED 2 1 06/01/2025 ! BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100399 AXON TASER 10 • CARTRIDGE - LIVE 1200 1 ____ 06/01/2025 I ' BUNDLE-OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100400 AXON TASER 10-CARTRIDGE- HALT 600 1 06/01/2025 ! BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100401 AXON TASER 10- CARTRIDGE- INERT 30 1 06/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100591 AXON TASER- CLEANING KIT 1 1 06/01/2025 [ BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100611 AXON TASER 10 - SAFARILAND HOLSTER- RH 60 1 06/01 /2025 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 1 1 06/01 12025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100681 AXON SIGNAL- SIDEARM SENSOR ONLY 60 1 06/01/2025 I BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100748 AXON VR-CONTROLLER- TASER 10 3 1 06/0112025 l BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100832 AXON VR- CONTROLLER- HANDGUN VR19H 3 1 06/01/2025 i BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101122 AXON VR- HOLSTER- T10 SAFARILAND GRAY -RH 3 1 06/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101294 AXON VR- TABLET 3 1 06/01/2025 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101300 AXON VR • TABLET CASE 3 1 06/01/2025 BUNDLE. OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101455 AXON TASER 10- REPLACEMENT TOOL KIT - INTERPOSER 1 1 06/01/2025 BUCKET
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101456 AXON TASER 10- REPLACEMENT INTERPOSER BUCKET 1 1 06/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20018 AXON TASER- BATTERY PACK· TACTICAL 12 1 06/0112025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20018 AXON TASER • BATTERY PACK· TACTICAL 60 1 06/01/2025 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20018 AXON TASER - BATTERY PACK -TACTICAL 2 1 06/0112025 j BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20378 AXON VR - HEADSET - HTC FOCUS 3 3 1 06101 /2025 [ BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2025 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 71019 AXON BODY· DOCK POWERCORD- NORTH AMERICA 1 1 06/01/2025 i BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 71044 AXON SIGNAL- BATTERY· CR2430 SINGLE PACK 120 1 06/01 /2025 ! BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 74200 AXON TASER ·DOCK-SIX BAY PLUS CORE 1 1 06/01 /2025 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 80087 AXON TASER. TARGET - CONDUCTIVE PROFESSIONAL 1 1 06/01 /2025

RUGGEDIZED
BUNDLE· OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 1 06/01 /2025 A la Carte _ ___ _ 70112 AXON SIGNAL- VEHICLE 25 1 06/0112025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR _____ 100399 AXON TASER 10- CARTRIDGE- LIVE 180 1 06/01/2026 I BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100400 AXON TASER 10-CARTRIDGE-HALT 480 1 06/01/2026 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100399 AXON TASER 10- CARTRIDGE- LIVE 180 1 06101 /2027 i BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 480 1 06/0112027 ' BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100210 AXON VR- TAP REFRESH 1 • TABLET 3 1 12101 12027 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101009 AXON VR- TAP REFRESH 1 - SIDEARM CONTROLLER 3 1 12/01/2027 ! BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101012 AXON VR- TAP REFRESH 1 • CONTROLLER 3 1 12/01/2027 i BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20373 AXON VR- TAP REFRESH 1 • HEADSET 3 1 12101 /2027 [ BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 73309 AXON BODY -TAP REFRESH 1 - CAMERA 62 1 12/01/2027 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 8 1 12/01/2027 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100399 AXON TASER 10- CARTRIDGE- LIVE 180 1 06/01/2028 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100400 AXON TASER 10- CARTRIDGE - HALT 480 1 06/01 /2028 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100399 AXON TASER 10- CARTRIDGE· LIVE 180 1 06/01/2029 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100400 AXON TASER 10- CARTRIDGE- HALT 480 1 06/01/2029 . BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100211 AXON VR - TAP REFRESH 2- TABLET 3 1 06/01/2030 r ---·----·-···---··- ·-···-·-· ---- ----··-··-·· --···-··-·-· ····•--·--· ·-··-···- ---·--····--·--- -·--- ---------··--- ·----- -- ·-· . -·-·-· ... , BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101010 AXON VR- TAP REFRESH 2- SIDEARM CONTROLLER 3 1 06/01 /2030 iBUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR --------101013 AXON VR- TAP REFRESH 2- CONTROLLER 3 1 06/01 /2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20374 ____ AXON VR - TAP REFRESH 2- HEADSET 3 1 06/01/2030 t BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 73310 AXON BODY· TAP REFRESH 2 • CAMERA 62 1 06/01/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 73688 AXON BODY· TAP REFRESH 2 - DOCK MUL Tl BAY 8 1 06/01/2030 BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 20242 AXON TASER • CERTIFICATION PROGRAM YEAR 6-10 HARDWARE 60 1 12101/2030

Page 4 ends

53 Hardware
- - -------- ..

Bundle
BUNDLE :oFFiCER-SAFETYPLANio PLUS ISLE 1oyf"'"
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 1 0YR -"'"""'""····- ---··--·---···-··•-.----- BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
Software
Bundle
r- BUNDLE- OFFICER°SAFETY PLAN 10 PLUS ISLE 10YR - ---- - -- BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
_ltein _ _Descript~n .. __ __ .. _ _ ......... . 100212 AXON VR- TAP REFRESH 3- TABLET 101011 AXON VR -TAP REFRESH 3- SIDEARM CONTROLLER
101014 AXON VR -TAP REFRESH 3 - CONTROLLER
20375 AXON VR -TAP REFRESH 3 - HEADSET
73345 AXON BODY - TAP REFRESH 3 - CAMERA
73347 AXON BODY -TAP REFRESH 3-DOCK MULTI BAY
73346 AXON BODY - TAP REFRESH 4 - CAMERA
73348 AXON BODY - TAP REFRESH 4- DOCK MULTI BAY
Item _ .. ___ Description __ _ __ _ ___ ___ ___________ _ 101180 AXON TASER - DATA SCIENCE PROGRAM
101705 AXON FUSUS - LICENSE - PRO USER
20248 AXON TASER - EVIDENCE.COM LICENSE
20248 AXON TASER - EVIDENCE.COM LICENSE
20370 AXON VR - USER ACCESS - FULL VR
73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY
73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE
73618 AXON COMMUNITY REQUEST
73638 AXON STANDARDS- LICENSE
73682 AXON EVIDENCE - AUTO TAGGING LICENSE
73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 73739 AXON PERFORMANCE - LICENSE
- -- --·-- ···-· ·---.

QTY
3 _ __ S~ipping .L..~ca~~~- . _ ;~timated DE!liv_ery ~a~e . 1 1 12101 /2032
3 1 12101/2032
3 1 12/01/2032
3 1 12/01/2032
62 1 12/01/2032
8 1 12/01/2032
62 1 06/01/2035
8 1 06/01/2035
QTY Estimated Start Date • Estimated En<f"Date -• i
60 07/01/2025
60 07/01/2025
60 07/01/2025
--- . - ~~;;~;~~;;-- ··- --1
06/30/2035
1 07101/2025 06/30/2035
60 07/01/2025 06/~@_35
60 07101/2025 06/30/2035
60 0710112025 06/30/2035
60 07/0112025 06/30/2035 ·- ·---·-·
60 07101/2025 06/30/2035
60 07/01/2025 06/30/2035
600 07101/2025 06/30/2035
60 07/01/2025 06/30/2035
60 07/01/2025 06/30/2035 !
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
Pro License Bundle
73746 AXON EVIDENCE- ECOM LICENSE- PRO 60 07/01/2025 06/30/2035 73683
73746
AXON EVIDENCE - STORAGE-10GB A LA CARTE 24 07/01/2025 06/30/2035 Pro License Bundle AXON EVIDENCE- ECOM LICENSE -PRO 8 07/01 /2025 06/30/2035 Ala Carte 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 900 07/01/2025 06/30/2035 Services ___________ ............. --........ -, .................. ........ .

Bundle . . . .. . . . _ .. _ .... _ ... . . . . . . Item _ Description :· BLJNDLE·: o"FFICEFfSAFETYPI.AN 10·PLUS ISLE 10YR ••••••••• • - • 100751 AXON TASER 10- R.EPLACEMENT ACCESS PROGRA~f:--bi.JTY CARTRIDG.E - -· ! BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101184 AXON INVESTIGATE- TRAINING- OPERATOR AND EXAMINER I BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 101193 AXON TASE.f{- ON DEMAND CERTIFICATION ! BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 11642 AXON INVESTIGATE- THIRD PARTY VIDEO SUPPORT [ BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE I BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 80190 AXON EVIDENCE - CHANNEL SERVICES r A fa Carte • 101208 AXON TASER 10-2 DAY INSTRUCTOR COURSE - INSIDE SALES [ A fa Carte _ 101267 AXON VR- PSO - FULL INSTALLATION
i A la Carte 75014 AXON SIGNAL- PSO- INSTALLATION SERVICE ONSITE 1 ··Ala Carte 85055 AXON BODY - PSO - FULL SERVICE
Warranties
QTY
·so-·- 4
60 1 --7---- -
Bundle . . . . . • • -· ••• ·- • Item •• . •• Description . . .. . . . QTY Estimated Start"oate Estimated End Date :

BUNDLE :-OFFICER.SAFETY PLAN 10.PLUS ISLE 10YR··-· ------ -- • 100197 •• ----AXON 1/R- EXT WARRANTY - HEADSET -··--· • ----- ·-" - • -- - 3 • --··oei6ii2b26 -- ----- • 06/3(J/2O35··---· ---- i BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 1QYR _ __ __ __ 100213 _AXON VR- EXT WARRANTY -TABLET ----- 3 06/01/2026____ 06/30/2035 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100704 AXON TASER 10 -EXT WARRANTY - HANDLE 2 06/01/2026 06/30/2035 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 60 06/01/~026 06/30/2035 I

Page 5 ends

54 Warranties
Bundle
-BUNDLE --OFFiCER SAFETY PLAN 10 PLUS IS°LE-10YR
BUNDLE :-OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
A la Carte

Page 6 ends

Item Descrii>tion . . . . .. . QTY Estimated Start Date Estimated End Date 101007 -- AXONVR:EXTWARRANTY:CONTROLLER - ·3 --·· - 06/01/2026 - -- 06/30/2035 101008 AXON VR-EXT WARRANTY - HANDGUN CONTROLLER 3 06/01/2026 06/30/2035 80374 AXON TASER- EXT WARRANTY - BATTERY PACK T7/T10 12 06/01/2026 06/30/2035 80374 AXON TASER- EXT WARRANTY - BATTERY PACK T7/T10 2 06/01/2026 06/30/2035 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 60 06/01/2026 06/30/2035 80396 AXON TASER- EXT WARRANTY - DOCK SIX BAY T7/T10 1 06/01/2026 06/30/2035 80464 AXON BODY - TAP WARRANTY - CAMERA 2 06/01/2026 06/30/2035 80464 AXON BODY - TAP WARRANTY - CAMERA 60 06/01/2026 06/30/2035 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 8 06/01/2026 06/30/2035 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 25 06/01/2026 06/30/2035 Q-657311-45757.009KP
55 Shipping Locations
Location Number Street
1111 GSt
fi.tY.. .. .. _ - ..... ·-····--· ........... -··· .... .. .... .. ... .. ·····-. -········· -· ... State CA
_ ~ip ·•- ...... __ .. ~°-ll!ltry ___ __ _ ·-
Los Banos 93635-3762 USA
2 945 5th St Los Banos CA 93635-4203 USA
Payment Details
! Jul 2025
.Invoice Plan _ -·- . __ ---·Item .. __ . -·- ... .. • --·-- __ Description ... ·----·--·--- · __ ·-- _ ·--- -·- -----·- . _ ..... ·-·-- Qty ·--·-··-··Subtotal ·-··-- __ - -·----Tax . .. __ ....... _ Total l Year 1 101208 AXON TASER 10- 2 DAY INSTRUCTOR COURSE- INSIDE SALES 1 $270.00 $0.00 $270.00 1 I Year 1 101267 AXON VR- PSO - FULL INSTALLATION 1 $1,200.00 $0.00 $1,200.00 [ Year 1 79_112_ __AXON SIGNAL -VE_HICLE ---- -· 25 $0.00 ____ ___jO._Q_O $0.00 l Year 1 73683 AXON EVIDENCE - STORAGE· 10GB A LA CARTE 900 $9,828.00 _________ $0.00 $9,828.00 I Year 1 75014 AXON SIGNAL- PSO- INSTALLATION SERVICE ONSITE -··--· 1 $300.00 $0.00 $300.00 I l Year 1 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 25 $0.00 $0.00 $0.00 , i Year 1 85055 AXON BODY - PSO - FULL SERVICE 1 $4,000.00 To.oo $4,000.00 I ! Year 1 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00 .

I Year 1 H00002 AB4 Multi Bal'.Dock Bundle -·--··· 8 $0.00 $0.00 $0.00 I [ Year 1 M00042 BUNDLE-OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 60 $214,660.80 $6,926.99 $221,587.79 ; [·Year 1 Prolicense ··········- Pro License Bundle 8 ···-- - $5,186.88 $0.00 $5,186.88 1 I Invoice Upon Fulfillment M00042 ____ BUNDLE- OFFICER S~FETY PLAN !Q_~LUS ISLE 10YR 60 $0.00 $0.00 $0.00 • ; Total ___ $235,445.68 $6,926.99 $242,372.67 !
Jul2026
, Invoice Plan - • item -Description Qty Subtotal Tax Total i i Year 2_ _ 101208 - - AXON TASER 10- 2 DAY INSTRUCTOR COURSE- INSIDE SALES 1 - $270.00 $0.00 $270.00 ! i Year2 101267 AXONVR·PSO-FULLINSTALLATION - ------·- 1 $1,200.00 $0.00 $1,200.QQ_J I Year 2 70112 AXON SIGNAL- VEHICLE 25 $0.00 $0.00 $0.00 I I Year 2 73683 AXON EVIDENCE - STORAGE - 10GB A LA-CARTE 900 $9,828.00 $0.00 $9,828.00 I \Year 2 75014 AXON SIGNAL - PSO - INSTALLATION SERVICE ONSITE 1 $300.00 $0.00 $300.0Q I Year 2 80379 AXON SIGNAL - EXT \'V_ARRANTY - SIGNA_L UNIT 25 . _ __jQ_.00 $0.00 $0.00 ! r..J.ear ~- _____ 85055 AXON BODY - PSO - FULL SERVICE -·---· 1 $4,000.00 $0.00 $4,000.00 I i Year 2 H00001 AB4 Camera Bundle ----·------ 60 $0.00 $0.00 $0.00 I i Year 2 -- H00002 AB4 Multi Bay Dock Bundle 8 $0.00 $0.00 $0.00 I , Year 2 M00042 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 1 OYR 60 $214,§60.80 $6,926.99 _ ___m_1__,587.79 [ .Yl:lar2 - . Pr.olicense Pro License Bundle 8 ~5,186.88 .. $0.00 J5,18~.,88 J1>tal ... --·--·--- ___ . .. . _... ____ ~ _._ .. ___ . ___ --· . _____ ······-·-··-·- -•--·- . ·- _. - --···· ·-· - •·· ·-·-··· --- ..... --·--- $235,445.68 ___ ___ _ $6,926.99 _ _ .. $242,372:67 L J L1L2.9~L ___ -·····•····· ... ........ ................ ·-·-··············· .............. ·-····· ···• .. ·•··•-.. ·-·-··--··-........... . . !11_v.oi~~Plan ····-······-- ~em ........... -----·- ·~-~scripti1>~- . . ... _ .. _ .. .. ..... . . . ........ ... Qtx_ _.. Su_btotal . Tax I Year 3 101208 AXON TASER 10- 2 DAY INSTRUCTOR COURSE- INSIDE SALES 1 $270.00 $0.00 jYear 3 101267 AXON VR - PSO - FULL INSTALLATION 1 $1 ,200.00 $0.00 i Year 3 70112 AXON SIGNAL - VEHICLE _ ____ __ 25 $0.00 $0.00 Year 3 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 900 $9,828.00 $0.00 Year 3 --- 75014 -·-· AXON SIGNAL- PSO- INSTALLATION SERVICE ONSITE 1 $300.00 $0.00 Year 3 _fil)379_ _ _ MON_§IQ_N_Al._- EXT WJ\Rf3A_r-.JTY- t>l<3tli~L UNIT 25 $0.00 $0.00

Page 7 ends

I ··········-- .J Total r
• $21ci:oii i
$1 ,200.00 !
$0.00 ;
$9,828.00
$300.00
$0.00
56 - ------------·-- ·· ··-·•·-----·
Jul2027
- · ··- ·-- .. ··-····---- ---·-·-·--J
Invoice Plan I vear·3· •• _!t~lll Description . _ .. .. .... . . . _ .. . . . _Q_ty_ Subtotal_ .. .. Tax .. .!_<_>Jal ! 85055 AXON BODY - PSO - FULL SERVICE 1 $4,000.00 $0.00 _ $4,000.00 I Year 3 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00 i
Year 3 H00002 ·--· AB4 Multi Bay Dock Bundle 8 $0.00 $0.00 $0.00 I Year 3 M00042 BUNDLE -OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 60 $214,660.80 $6,926.99 $221~ Year 3 Prolicense Pro License Bundle 8 $5,186.88 $0.00 $5,186.88 1 Total - $235,445.68 $6,926.99 $242,372.67 j
! Jul 2028 !
.ll'!V.c:,i.ce Plan _ _ _____ !te_'!l ___ ____ _____ _ _ _ _ -°-~~~p_ti(_)!]_······--- - --·-·-·--·-·•·--- -···----- --- -·•··-·---·Qty __ §_ll~tc:,t~--- - Tax ___ ____ ______ :!..<?~! 1 Year4 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $270.00 $0.00 $270.00 i Year4 101267 AXONVR-PSO-FULLINSTALLATION 1 $1 ,200.00 $0.00 $1 ,200.00 \ Year 4 70112 AXON SIGNAL -VEHICLE 25 $0.00 • $0.00- • $0.00 i ! Year4 73683 AXONEVIDENCE-STORAGE-10GBALACARTE 900 _ $9,828.00 __ _ _ $0.00 $9,lg8.00 j Year 4 75014 AXON SIGNAL- PSO - INSTALLATION SERVICE ONSITE 1 $300.00 $0.00 $300.00 J Year 4 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 25 $0.00 $0.00 $0.00 i Year 4 85055 AXON BODY - PSO - FULL SERVICE 1 $4,000.00 $0.00 $4,0~ Year 4 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
l Year 4_ HQ0002 _ _ ~4 Multi Bay Dock Bundle 8 $0.00 $0.00 $0.00 ] i Year4 M00042 BUNDLE-OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 60 $214,660.80 $6,926.99 $221,587.79 I j__'.{ea! 1_ . . _. ___ _____ PrlJ_~icense ....... _ . - --- ~~IJ_ LiC!)_!!Se B_un_dl~ ______ _ ______ . __ ···-· ....... ... __ ---···- ... .. _ _ __ .. _____ ii ______ ___ .. _ ~5,18_~08~ ---·- _____ -- ~.9.:2_0 __ ...... . .. _J?,1~6Jt J Total • •• •• - ••• •• $235,445.68 $~,926.99 - •• $242,372.67 :

Jul 2029 _ _ _ I
-t:rt ~Ian - ··- •••• • 161~08 • •• •• - - ••• -~ ti~riii~ 10·.t oAY INSTRUCTOR COURSCINSIDE sALi:s • - - ~ty_ S~~}~!b~ .~ -$t60: ·- $21i~·-i Year5 101267 AXONVR-PSO-FULLINSTALLATION 1 $1,200.00 $0.00 $1,200.00 j Year 5 70112 AXON SIGNAL - VEHICLE 25 $0.00 $0.00 $0.00 i Year 5 73683 AXON EVIDENCE - STORAGE -10GB A LA CARTE 900 $9,828.00 $0.00 $9,828.00 I Year5 75014 AXONSIGNAL-PSO-INSTALLATIONSERVICEONSITE 1 $300.00 _____ $0.00 $300.0~ l Year 5 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 25 $0.00 $0.00 $0.0Q __ J • Year 5 85055 AXON BODY - PSO- FULL SERVICE 1 $4,000.00 $0.00 $4,000.00 I l Year 5 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
! Year 5 H00002 AB4 Multi Bay Dock Bundle _____ 8 $0.00 $0.00 $0.00] l Year 5 M00042 BUNDLE· OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 60 $214,660.80 $6,926.99 $221 ,587.79 l Year 5 Prolicense Pro License Bundle 8 $5,186.88 $0.00 $5,186.88 ; Total $235,445.68 $6,926.99 $242,372.6,7 l
Jul2030 1
,_l~11oi~_e_P~an ___ ____ _ ____ !t~_m . .. ____ _ ·-·- Description ___ ... ... ... __ gty ___ _ ____ _ ~ubtot~L _______ ____ __ Tax . ____ T~~al j i Year6 101208 AXONTASER10-2DAYINSTRUCTORCOURSE-INSIDESALES 1 $270.00 $0.00 $270.00 I \ Year6 101267 AXONVR-PSO - FULLINSTALLATION 1 $1 ,200.00 $0.00 $1 ,200.00 ! Year6 70112 AXON SIGNAL-VEHICLE 25 $0.00 $0.00 $0.00 ]
Year 6 73683 ---·--·- AXON EVIDENCE - STORAGE -10GB A LA CARTE 900 $9,8?~-QQ _ ____ __ .JD.DO $9,828.00 I Year~- 75014 AXON SIGNAL- PSO - INSTALLATION SERVICE ONSITE 1 $300.00 $0.00 $300.00 ! Year 6 80379 _ _ _ AXON SIGNAL· EXT WARRANTY - SIGNAL UNIT 25 $0.00 $0.00 $0.00 i Year 6 85055 AXON BODY - PSO - FULL SERVICE -- 1' $4,000.00 $0.00 $4,000.00 -1 Year 6 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00 I
Year 6 H00002 AB4 Multi Bay Dock Bundle 8 $0.00 $0.00 $0.00 Year6 M00042 BUNDLE- OFFICER SAFETY £'LAN 10 PLUS ISLE 10YR _____ 60 $214,660.80 $6,926.99 $221 ,587.79 I Year 6 Prolicense __ Pro License Bundle ____ 8 $5,186.88 $0.00 $5,186.88 1

Page 8 ends

57 -------"- "-·---·---·---···"'----·,-··-------
Jul 2030
Invoice Plan
Total
Jul 2031
Invoice Plan
Year?
Year?
Year?
Year?
1 Year?
! Year?
1 Year?
Year?
Year?
Year?
Year?
Total
Jul2032
Item
Item
101208
101267
70112
73683
75014
80379
85055
H00001
H00002
M00042
ProLicense
Description
Description
AXON TASER 10-2 DAY INSTRUCTOR COURSE- INSIDE SALES

AXON VR- PSO - FULL INSTALLATION

AXON SIGNAL - VEHICLE
AXON EVIDENCE - STORAGE - 10GB A LA CARTE

AXON SIGNAL- PSO- INSTALLATION SERVICE ONSITE

AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT

AXON BODY - PSO - FULL SERVICE
AB4 Camera Bundle
AB4 Multi Bay Dock Bundle
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR
Pro License Bundle
Qty
Qty
1 25
900
Subtotal
$235,445.68
Tax
$6,926.99
Total '
$242,312:si- I
Subtotal Tax Total
$210.00 - $0.00 $210.00 I
$1,200.00 $0.00 $1200_()0 -
- $D.OO $0.00 $0.00 I
$9,828.oo $0.00 $9,828.oo I
$300.00 $0.00 $300.00 -I
$0.00 $0.00 $0.00 !
$4,000.00 $0.00 $4,000.001
$0.00 $0.00 $0.00 !
$0.00 $0.00 $_0.00
$214,660.80 $6,926.99 $221,587.79 I
$23~:~~~:: --- J~!~?ftt __ _ --- $24i;~
----·-···-·······-··-······-· ---- ------ --- ------------------- . J _l11yoicePlan ___ ltl:lll'I_ _ ----- · - - ____ _ IJescription _ _ _ __ _ _ qty__ __ _ SubtoJaL ___ Ta_x_ _ __ Total __ 1 I Year 8 101208 AXON TASER 10- 2 DAY INSTRUCTOR COURSE- INSIDE SALES 1 $270.00 $0.00 $270.00 l iYear8 101_26_7_____ AXQ_NVR::_P_S_Q-_F_ULLINSTALLATION __ _ ___ 1 $1,200.00 _ $0.00 $1,200_001 i Year8 70112 AXONSIGNAL-VEHICLE 25 $0.00 $0.00 $0.00 ! !Year 8 73683 AXON EVIDENCE -STORAGE - 10GB A LA CARTE 900 $9,828.00 $0.00 $9,828.00 I l-Year 8 75014 AXON SIGNAL - PSO - INSTALLATION SERVICE ONSITE 1 $300.00 $0.00 $300.0 -7 Year 8 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 25 $0.00 $0.00. $0.00 l I Year 8 85055 AXON BODY - PSO - FULL SERVICE 1 $4,000.00 $0.00 $4,000.00 Year 8 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00 1
Year 8 H00002 AB4 Multi Bay Dock Bundle 8 $0.00 $0.00 $0.00 I Year 8 M00042 BUNDLE - OFFICER SAFETY PLAN 10 PLUSTSLE 1 OYR 60 $214,660:130 $~,926.99 $221,587.?fl Year8 Prolicense Pro License Bundle 8 $5,186.88 $0.00 $5,186.88 I Total $235,445.68 $6,926.99 $242,372.67 i
Jul2033
Jn\l()ice Plan Item ___ ___ __ __ __ l)~s<:ripti()r, _ __ _ _ _ _ _____ S1J~tota_l____ - JalC Total I Year 9 101208 _____ AXON TASER 10- 2 DAY INSTRUCTOR COURSE- INSIDE SALES $270.00 $0.00 $270.00 Year9 101267 AXONVR-PSO-FULLINSTALLATION _________ $1,200.00 $0.00 $1,200.00 Year 9 ---------70112 - -----AXON SIGNAL -VEHICLE ---- $0.00 $0.00 $0.00 Year 9 -- 73683 AXON EVIDENCE - STORAGE -10GB A LA CARTE $9,828.00 $0.00 $9,828.00 Year 9 75014 AXON SIGNAL - PSO - INSTALLATION SERVICE ONSITE -$300.00 $0.00 $300.00 Year 9 80379 AXONSIGNAL - EXT WARRANTY - SIGNA-CffNIT $0.00 $0.00 $0.00 Year 9 85055 AXON BODY - PSO- FULL SERVICE $4,000.00 $0.00 $4,000.00 I Year 9 H00001 AB4 Camera Bundle $0.00 $0.00 $0.0f-l
Year 9 H00002 AB4 Multi Bay Dock Bundle ------~-~000 $0.00 $0.00 i I Year 9 M00042 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 10YR 60 $214,660.80 $6,9i6.99 $221,587.79 Year9 Prolicense Pro License Bundle 8 $5,186.88 $0,00 - $S,186.88J Total $235,445.68 $6,926.99 $24~1372.67

Page 9 ends

58 i Jul 2034 ·--·-·-· -·-·
, Invoice Plan
l Yea/10 - -
Year10
Year10
Year 10
Year 10
Year 10
Year 10
Year 10
Year10
Year 10
Year 10
Total
Item - - '161208 '
101267
70112
73683
75014
80379
85055
H00001
H00002
M00042
Prollcense
--------------

Page 10 ends

Description
AXON TASER-10 : 2 DAY INSTRUCTOR COURSE ~-iNSIDE SALES
AXON VR - PSO - FULL INSTALLATION - ·-········"··-·--
AXON SIGNAL - VEHICLE -·-- - AXON EVIDENCE - STORAGE - 10GB A LA CARTE

AXON SIGNAL- PSO- INSTALLATION SERVICE ONSITE
AXON SIGNAL - EXT WARRANTY· SIGNAL UNIT

AXON BODY - PSO - FULL SERVICE
AB4 Camera Bundle
AB4 Multi Bay Dock Bundle
BUNDLE- OFFICER SAFETY PLAN 10 PLUS ISLE 10YR - Pro License Bundle ·---- --~-----·------·----·--.,._., ___ _
Qty
1 1
25 900
1 25
1 60
8 60
Subtotal
$270.00
$1,200.00
$0.00
$9,828.00
$300.00
$0.00
$4 ODO.OD
$0.00
$0.00
$214,660.80
8 $5,186.88
____ $~2_35_,_4.~~68 • _
• - ----- --- - --- -·--·-·-·-
Tax Total ~00 - •• - -- $2fo'.oo
$0.00 - - ~-1,~QQ,QQ_ $0.00 $0,00
$0.00 $9,828.00
$0.00 $300.00
$0.00 $0.00
$0.00 $4,000.00
$0.00 $0.00
$0.00 $0.00
$6,927.44 $221 ,588.24
$0.00 $5,186.88 !
$6,927.# ____ $242,37i12 !
Q-657311-457 57 .009KP
59 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Contract Sourcewell #101223-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

ACEIP:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement {posted at https:ljwww.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work {SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Page 11 ends

60 Signature Date Signed
4/9/2025

Page 12 ends

61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 TO:

FROM:

DATE:

LOsBanos ·\ttl1 · 10 IOlUI cf c1li/cH11i1
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC _QM
City Clerk/Human Resources Director
April 16, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Tentative Agreement (TA)/ Memorandum of Understanding (MOU) between the City of Los Banos and the Los Banos Public Employees' Union Local One/AFSCME (LBPEU)
Recommendation:

Adopt the Resolution approving the TA / MOU between the City of Los Banos and the LBPEU.

Discussion:

The City has bargained in good faith with the LBPEU and reached agreement on a four (4) year MOU for the period of July 1, 2024 - June 30, 2028. The MOU includes the following items:
• COLA salary increase three percent (3%) on April 16, 2025, July 1, 2025, July 1, 2026, and July 1, 2027.
• Equity adjustment/salary schedule increase for the Planning Technician of nine percent (9%) and Environmental Control Specialist 1/11/111 of four-point four percent (4.4%) on April 16, 2025; whereafter incumbents will be placed in the adjusted salary step that is the closest step to their salary step prior to application of the equity adjustment, which does not represent a reduction in pay. 63 ITEM 7F
• Non-Discretionary Ratification Incentive Payment in the amount of threethousand dollars ($3,000) in April 2025 and one-thousand ($1,000) in July 2027. • Flexible promotions for Account Clerk and Admin Clerk classifications. • Water/Wastewater Treatment Certificate Pay increased to $50 a month for Grade I and $100 for Grade 11.
• Water Distribution Certificate Pay increased to $50 per month Grade II and $100 for Grade Ill.
• Heavy/Special Equipment Operator differential pay for operating the Vactor Truck in the amount of $0.58 per hour.
• Project Management Professional Certificate Pay in the amount of $100 a month. • Notary Pay in the amount of $100 a month for one (1) notary license in the Public Works Department.
• Refuse Collection pay for those assigned to encampment cleanup duty in the amount for three dollars ($3.00) an hour.
• Shoe/boot allowance increased to $225.
• Amendment to the Cafeteria Plan Allowance (Health, Vision, Dental, Life Insurances) as it pertains to increasing the dollar caps amount over the term of the agreement.

Fiscal Impact:

For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $262,700, for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements. Staff will ensure future increases are factored into the budget projections for the duration of the agreement.

Reviewed by:

Attachments:

Resolution
64 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING A

TENTATIVE AGREEMENT/ MEMORANDUM OF

UNDERSTANDING BY AND BETWEEN THE CITY

OF LOS BANOS AND THE LOS BANOS PUBLIC

EMPLOYEES' UNION (LBPEU)
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Tentative Agreement/ Memorandum of Understanding by and between the City of Los Banos and the Los Banos Public Employees' Union (LBPEU); and WHEREAS, the Memorandum of Understanding will be in effect from July 1, 2024 to June 30, 2028; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of April 16, 2025.

NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPEU is hereby approved as submitted as "Exhibit A" respectively.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of April 2025, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
65 TENTATIVE AGREEMENT BETWEEN

CITY OF LOS BANOS

AND AFSCME LOCAL ONE REPRESENTING THE PUBLIC WORKS/

MISCELLANEOUS UNIT
2024-2028
The following document contains the Tentative Agreement between the City of Los Banos (hereinafter called "City") and the AFSCME Local One representing the Public Works/Miscellaneous Unit (hereinafter called "Union") (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Union, and will apply to all Union covered by the Memorandum of Understanding (MOU) between the City and the Union.

Upon ratification and adoption, this Agreement will amend the MOU between the parties dated July 1, 2024 through June 30, 2028.

The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.

This Tentative Agreement is subject to ratification by bargaining unit membership and approval by the City Council of the City of Los Banos.

The parties have met and conferred and reached agreement over changes to the job descriptions for the Public Works Maintenance Worker series, the Parks & Recreation Maintenance Worker series, and the Maintenance Mechanic 1/11.

FOR THE CITY FOR THE UNION
Lucy Mallonee, HR Director Jeff Apkarian, Union Representative Date: 4-/ ~ / Z.. rn-S:- Date: 4/7/2025
66 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF LOS BANOS
AND

PUBLIC EMPLOYEES' UNION LOCAL ONE/AFSCME
(PUBLIC WORKS/MISCELLANEOUS UNIT)
July 1, 2021 2024 - June 30, 20242028
67 MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Table of Contents
SECTION I - Preamble .................................................................................................... 1 SECTION 11- No Abrogation of Rights ............................................................................ 2 SECTION Ill - Past Practices .......................................................................................... 2 SECTION IV - Recognition, Dues Deduction and City Policies ...................................... 2 SECTION V - Public Employee Communication ............................................................ 4 SECTION VI - Management Rights ................................................................................ 5 SECTION VII - Pay Rates and Practices ........................................................ ................. 6 SECTION VIII - Benefits ............................................................................................... 19 SECTION IX - Miscellaneous ....................................................................................... 28 SECTION X - Grievance Procedure ......................................................................... 29~ SECTION XI - Provision of the Law ............................................................................... 31 SECTION XII - No Strike ............................................................................................... 31 SECTION XIII - Right to Representative in Investigatory Meeting ................................ 31 SECTION XIV - Term ................................................................................................... 31 2 68

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works Unit) July 1, ~2024 - June 30, ~2028
SECTION I - Preamble
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into by the City of Los Banos (hereafter referred to as "City") and the Public Employees' Union Local One/AFSCME (hereafter referred to as "Union") (hereinafter collectively referred to as the "parties") describing the parties' agreement on wages, hours and terms and conditions of employment.

The salaries, hours, fringe benefits and working conditions set forth in this MOU have been mutually agreed upon by the designated bargaining representatives of the City and the Union, and will apply to all employees in the bargaining unit represented by the Union.

The term of the MOU will be July 1, ~2024 through June 30, ~2028.

Employees defined for the purpose of this MOU will mean a full-time employee in one of the following job classifications:

Accountant 1/11
Accounting Technician
Accounting Clerk 1/11
Administrative Assistant
Admin Clerk 1/11
Administrative Coordinator
Associate Planner
Assistant Planner
Custodian
Engineering Technician
Environmental Control Specialist Trainee
Environmental Control Specialist I/ II/ Ill
Homeless Outreach Coordinator
Information Technology Technician
Inspector I
Maintenance Mechanic ll!!
Maintenance Worker I/ II/ Ill
Planning Technician
Recreation Coordinator I
Utilities Maintenance I/ II/ Ill
69 MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) This MOU is subject to Sections 3500-3511 of the Government Code of the State of California otherwise known as the Meyers Milias Brown (MMB) Act, the City of Los Banos Municipal Code, and Resolution No. 1719.

SECTION II - No Abrogation of Rights
The parties acknowledge that the City responsibilities and rights, and management responsibilities and rights as indicated in the City of Los Banos Personnel Rules and Regulations Resolution, and all applicable State or Municipal laws and rights of the City Council, are neither abrogated nor made subject to the meet and confer process by the adoption of this MOU.

SECTION Ill - Past Practices
The parties agree that this MOU supersedes any past practice covered by this Memorandum, but does not affect any other written understanding agreed to by the parties not addressed in this MOU.

SECTION IV - Recognition, Dues Deduction and City Policies A. Recognition
Pursuant to Section 3500-3511 of the Government Code of the State of California, the City has certified the Union as the recognized employee organization of the representing unit consisting of all full-time employees in the following job classifications:

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Homeless Outreach Coordinator
Information Technology Technician
Inspector I
Maintenance Mechanic 1/11
Maintenance Worker I/ II/ Ill
Planning Technician
Recreation Coordinator I
Utilities Maintenance I/ II/ Ill
B. Dues Deduction
The City will deduct Union membership dues, the amount to be designated by the Union, and any other mutually agreed upon payroll deductions from the monthly pay of member employees, upon receipt of written certification by the Union that it has and will maintain an authorization, signed by individual employees described in Section 1V, Subsection A of this MOU, entitled "Recognition," from whose salary or wages the deduction is to be made.

The City will remit the deducted dues and other mutually agreed payroll deduction to the Union as soon as reasonably possible after the deduction so long as the Union remains the exclusive representative for the bargaining unit, and so long as the Union continues to provide written certification of employee authorization to the City.

The Union shall certify to the City in writing as soon as reasonably possible, any changes in the required payroll deduction, and any changes to employee authorization. The Union will not unreasonably request payroll deductions.

The Union agrees it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization.

The Union agrees to hold the City harmless and indemnify the City against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any action taken by the City, or any department of the City, for the purpose of complying with payroll deduction provisions. This includes, but is not limited to, the City's attorney's fees and costs.

C. Policies
3 71

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) During the term of this Agreement, changes to City of Los Banos policies referred to in this MOU that affect wages, hours and terms and conditions of employment will be subject to the meet and confer process as required by law.

SECTION V - Public Employee Communication
A. New Employee Orientation
The parties acknowledge that the City provides a new employee orientation meeting ("orientation") to all new employees hired by the City. For new employees hired after the date of this Agreement who are appointed to a classification within the bargaining unit for which the Union is recognized as the exclusively recognized employee organization, the Union will be provided with at least ten (10) calendar days' advanced notice of the time, date and location of the orientation. The Union will be given up to thirty (30) minutes as part of, and at the end of, the new employee orientation meeting in a room designated by bargaining unit for one (1) representative to present Union membership information. Management representatives will excuse themselves during the Union portion of the orientation and the Union agrees in its portion of the orientation not to engage in speech that is opprobrious, flagrant, insulting, defamatory, insubordinate or fraught with malice as to cause substantial disruption of or material interference with City activities.

The Union will be represented at the orientation by a City employee who is a Union officer, who shall be provided up to thirty (30) minutes of paid release time to attend the orientation, with the approval of such leave subject to any operational needs.

B. Information Provided
The City will provide the Union a digital file via email, to the email address designated by the Union, containing the following information, to the extent it is maintained on file by the City:

Name
Job title
Department
Work location
Work, home and personal cellular telephone numbers
Personal email addresses on file with the City
Home address.
4 72

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Such information will be provided within thirty (30) days of the date of hire for new hires, and on a quarterly basis for all bargaining unit employees. This information will also be provided for temporary employees hired in the positions represented by this bargaining unit, along with the anticipated end date of employment for each temporary employee, or actual end date if the temporary employee has been released from service since the last list was provided.

Notwithstanding the foregoing, limited to the express purpose of the requirements of Government Code section 3558 only, an employee may opt out via written request to the City (with a copy to the Union) to direct the City to withhold disclosure of the employee's home address, home telephone number, personal cellular telephone number, personal email address, and birth date.

The parties agree that this Section fully complies with and exhausts the parties' obligation to negotiate pursuant to Government Code Sections 3557 and 3558.

For temporary employees hired in the positions represented by this bargaining unit, the City will provide the Union with the anticipated length of employment within five (5) days of hire. The Union acknowledges that job descriptions. wage rates, eligibility for benefits, and procedures to apply for open, permanent positions are publically available online.

SECTION VI - Management Rights
The Union agrees that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted or modified by the express and specific written provisions of this Agreement are, and will remain, exclusively those of the City. Accordingly, the City specifically, except as otherwise limited by this Agreement, reserves the exclusive right to:

A. Decide the scope of service to be performed, and the standards and method of service;
B. Exercise complete control and discretion over its organization and the technology of performing its work; subject to statutory obligations; C. Train, direct, and assign its employees;
5 73

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) D. Hire, rehire, fire, demote, suspend or otherwise discipline for just and proper cause, promote, layoff, and determine the qualifications of employees; E. Transfer employees from location to location;
F. Determine work shift start and end times, and the number of hours and shifts to be worked, subject to the provisions of the Fair Labor Standards Act; G. Determine the content of job classifications; any change to the current job classifications or addition of new classifications will be subject to meet and confer when those changes fall within the scope of representation; H. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; I. Maintain the efficiency of City operations;
J. Take all necessary action to carry out its mission in emergencies; and K. Merge, consolidate, expand or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City, good business judgment makes such curtailment or discontinuance advisable; subject to meet and confer obligations over "effects" of the exercise of these rights in accordance with legal requirements.

SECTION VII - Pay Rates and Practices
A. Pay Rates

1. Salary Ad justments
Effective the pay period in which City Council approves the successor MOU in 2025, the salary schedules for job classifications represented by the bargaining unit will be increased by three percent (3%).

Effective the pay period in which City Council approves the successor MOU in 2025, the City will create a Maintenance Mechanic II classification with the same salary schedule as the Utility Maintenance II classification. The current. most senior Maintenance Mechanic I will be reclassified to Maintenance Mechanic II. 6 74

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Effective the pay period in which City Council approves the successor MOU in 2025, the following equity adjustments will be applied to salary schedules:
• Environmental Control Specialists 1/11/111: 4.4%
• Planning Technician: 9%
Effective the 1,2ay Qeriod in which City Council a121,2roves the successor MOU in 20251 incumbents in the Environmental Control S1,2ecialist 1/11/111 and Planning Technician job classes will be placed in the closest next step as compared with their salary level before the equity adjustment is applied.

Based on the above listed salarv adjustments, effective the pay 1,2eriod in which Citv Council ap12roves the successor MOU in 2025, monthly salarv schedules will be as follows:

EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP 3 STEP4 STEP 5 STEP6 Accountant II $6.466 $6,789 $7,128 $7.484 $7,858 $8,251 Accountant I $5,269 $5,532 $5,809 $6,099 $6,404 $6,724
Accounting Technician $4,422 $4,643 $4,875 ~ $5,375 $5,644 Accounting Clerk II $3,859 $4,052 $4,255 $4,468 $4,691 $4,926 Accounting Clerk I $3,238 $3,400 $3,570 $3,749 $3,936 H..lli Admin Clerk II $3,859 $4,052 $4,255 $4.468 $4,691 $4,926 Admin Clerk I $3,238 $3,400 $3,570 $3,749 $3,936 $4,133 Administrative Assistant $4,476 liZQQ ~ $5,182 $5,441 $5,713 Administrative Coordinator $5,477 $5,751 $6,039 $6,341 $6,658 $6,991 Assistant Planner $5,269 $5,532 $5,809 $6,099 $6,404 $6,724 Associate Planner $6.466 $6,789 $7,128 $7.484 $7,858 $8,251 Custodian $3,238 $3,400 $3,570 $3,749 $3,936 $4,133
Engineering Technician $4,422 ~ M.ill $5,119 $5,375 $5,644 Environmental Control SQecialist Ill $5,209 $5.469 $5,742 $6,029 $6,330 $6,647 Environmental Control SQecialist II $4,568 $4,796 $5,036 $5,288 $5,552 $5,830 Environmental Control SQecialist I ~ $4,568 ~ $5.036 $5.288 $5,552 Environmental Control SQecialist
Trainee $3,967 $4,165 $4,373 $4,592 $4.822 $5,063
Homeless Outreach Coordinator $5.477 $5.751 $6,039 $6,341 $6.658 $6,991 Information Technolog~ Technician $5.451 $5,724 $6,010 $6.311 $6,627 $6,958 lnsQector I $5.426 $5,697 $5,982 $6,281 $6,595 $6,925
Maintenance Mechanic 11 ~ lifil liZQQ $4.935 $5.182 $5.441 Maintenance Mechanic I $3,824 $4,015 $4.216 $4.427 $4,648 $4,880 Maintenance Worker Ill $4,678 $4,912 $5,158 $5.416 $5,687 $5,971 7 75

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Maintenance Worker II $4,237 $4,449 $4,671 $4,905 $5,150 $5,408 Maintenance Worker I $3,824 $4,015 $4,216 $4,427 $4,648 $4,880 Planning Technician $4,727 ~ 1§...lli $5,472 $5,746 $6,033 Recreation Coordinator I $3,238 $3,400 $3,570 $3,749 $3,936 $4,133 Utilities Maintenance Ill $4,691 $4,926 $5,172 $5,431 $5,703 $5,988 Utilities Maintenance II $4,263 $4,476 $4,700 $4,935 $5,182 $5,441 Utilities Maintenance I $3,824 $4,015 $4,216 $4,427 $4,648 $4,880 Effective the pay period in which City Council approves the successor MOU in 2025, all current employees will receive a lump sum payment of three-thousand dollars ($3,000) as non-discretionary incentive to ratify the agreement. An employee must be in full paid status for the entire pay period in which the lump sum is paid to be eligible to receive the payment. It is the intent of the parties that the lump sum payment will not be treated as salary or wages, as the payment are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments. The City will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum payments will be paid by separate check.

Effective July 1, 2025, the salarv schedules for job classifications represented by the bargaining unit will be increased by three 12ercent (3%). Monthly salarv schedules will be as follows:

EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP3 STEP4 STEPS STEP6 Accountant II $6,660 $6,993 $7,343 $7,710 $8,096 $8,501 Accountant I $5,427 $5,698 $5,983 $6,282 $6,596 $6,926
Accounting Technician $4,555 ~ $5,022 $5,273 $5,537 $5,814 Accounting Clerk II $3,975 $4,174 $4,383 ~ $4,832 $5,074 Accounting Clerk I $3,335 $3,502 $3,677 $3,861 $4,054 $4,257 Admin Clerk II $3,975 $4,174 $4,383 $4,602 $4,832 $5,074 Admin Clerk I $3,335 $3,502 $3,677 $3,861 $4,054 $4,257 Administrative Assistant MfilQ $4,841 $5,083 $5,337 $5,604 $5,884 Administrative Coordinator $5,641 $5,923 $6,219 $6,530 $6,857 $7,200 Assistant Planner $5,427 $5,698 $5,983 $6,282 $6,596 $6,926 Associate Planner $6,660 $6,993 $7,343 $7,710 $8,096 $8,501 Custodian $3,335 $3,502 $3,677 $3,861 $4,054 $4,257
Engineering Technician ~ $4,783 $5,022 $5,273 $5,537 $5,814 Environmental Control S12ecialist Ill $5,365 $5,633 $5,915 $6,211 $6,522 $6,848 Environmental Control S12ecialist II $4,705 $4,940 $5,187 $5,446 $5,718 $6,004 Environmental Control S1;1ecialist I $4,481 $4,705 $4,940 $5,187 $5,446 $5,718 8 76

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Environmental Control SQecialist
Trainee $4,086 $4,290 $4,505 $4,730 $4,967 $5,215
Homeless Outreach Coordinator $5,641 $5,923 $6,219 $6,530 $6,857 $7,200 Information Technolog~ Technician $5,615 $5,896 $6,191 $6,501 $6,826 $7,167 Inspector I $5,589 $5,868 $6,161 $6,469 $6,792 $7,132
Maintenance Mechanic II $4,391 $4,611 $4,842 $5,084 $5,338 $5,605 Maintenance Mechanic I $3,939 ~ $4,343 $4,560 ~ $5,027
Maintenance Worker Ill $4,818 $5,059 $5,312 $5,578 $5,857 $6,150 Maintenance Worker II $4,364 $4,582 $4,811 $5,052 $5,305 $5,570 Maintenance Worker I $3,939 $4,136 $4,343 $4,560 $4,788 $5,027 Planning Technician $4,869 ~ $5,368 $5,636 $5,918 $6,214 Recreation Coordinator I $3,335 $3,502 $3,677 $3,861 $4,054 $4,257 Utilities Maintenance Ill $4,832 $5,074 $5,328 $5,594 $5,874 $6,168 Utilities Maintenance II ~ $4,611 ~ $5,084 $5,338 $5,605 Utilities Maintenance I $3,939 $4,136 $4,343 $4,560 $4,788 $5,027 Effective July 1, 2026, the salarv schedules for job classifications reQresented by the bargaining unit will be increased by three gercent (3%). Monthly sala!}'. schedules will be as follows:

EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6 Accountant II $6,860 $7,203 $7,563 $7,941 $8,338 $8,755 Accountant I $5,590 $5,870 $6,164 $6,472 $6,796 $7,136
Accounting Technician $4,692 $4,927 $5,173 $5,432 $5,704 $5,989 Accounting Clerk II $4,094 $4,299 $4,514 $4,740 $4,977 $5,226 Accounting Clerk I $3.435 $3,607 $3,787 $3,976 $4,175 $4,384 Admin Clerk II $4,094 $4,299 $4,514 $4,740 $4,977 $5,226 Admin Clerk I $3.435 $3,607 $3,787 $3,976 $4,175 $4,384 Administrative Assistant ~ $4,985 $5,234 $5,496 $5,771 $6,060 Administrative Coordinator $5,810 $6,101 $6.406 $6,726 $7,062 $7.415 Assistant Planner $5,590 $5,870 $6,164 $6.472 $6,796 $7,136 Associate Planner $6,860 $7,203 $7,563 $7,941 $8,338 $8,755 Custodian
Engineering Technician
$3,435 $3,607 $3,787 $3,976 $4,175 ~
$4,692 $4,927 $5,173 $5.432 $5,704 $5,989
Environmental Control SQecialist Ill $5,526 $5,802 $6,092 $6,397 $6,717 $7,053 Environmental Control Soecialist II $4,846 $5,088 $5,342 $5,609 $5,889 $6,183 Environmental Control SQecialist I $4,615 $4,846 $5,088 $5,342 $5,609 $5,889 Environmental Control Specialist
Trainee $4,209 $4,419 $4,640 $4,872 $5,116 $5,372
Homeless Outreach Coordinator $5,810 $6,101 $6,406 $6,726 $7,062 $7,415 Information Technolog~ Technician $5,783 $6,072 $6,376 $6,695 $7,030 $7,382 lns12ector I $5,757 $6,045 $6,347 $6,664 $6,997 $7,347
Maintenance Mechanic II ~ $4,749 $4,986 $5,235 $5,497 $5,772 Maintenance Mechanic I $4,057 $4,260 $4,473 $4,697 $4,932 $5,179 Maintenance Worker Ill $4,963 $5,211 $5.472 $5,746 $6,033 $6,335 Maintenance Worker 11 $4.495 KllQ $4,956 $5,204 $5,464 $5,737 Maintenance Worker I $4,057 $4,260 $4,473 $4,697 $4,932 $5,179 Planning Technician $5,015 $5,266 $5,529 $5,805 $6,095 $6,400 9 77

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Recreation Coordinator I $3,435 $3,607 $3,787 $3,976 $4,175 $4,384 Utilities Maintenance Ill $4,977 $5,226 $5,487 $5,761 $6,049 $6,351 Utilities Maintenance II $4,523 $4,749 $4,986 $5,235 $5,497 $5,772 Utilities Maintenance I $4,057 $4,260 .liill $4,697 $4,932 $5,179 Effective July 1, 20271 the salary schedules for job classifications reQresented by the bargaining unit will be increased by three ~ercent (3%}. Monthly salarv schedules will be as follows:

EMPLOYEE CLASSIFICATION STEP 1 STEP2 STEP3 STEP4 STEP 5 STEP6 Accountant II $7,066 $7,419 $7,790 $8,180 $8,589 $9,018 Accountant I $5,758 $6,046 $6,348 $6,665 $6,998 $7,348
Accounting Technician $4,833 $5,075 $5,329 $5,595 $5,875 $6,169 Accounting Clerk II $4,217 $4,428 $4,649 $4,881 $5,125 $5,381 Accounting Clerk I $3,538 $3,715 $3,901 $4,096 $4,301 $4,516 Admin Clerk II ~ $4,428 $4,649 $4,881 $5,125 $5,381
Admin Clerk I $3,538 $3,715 $3,901 $4,096 $4,301 .li.§1.§ Administrative Assistant $4,890 $5,135 $5,392 $5,662 $5,945 $6,242 Administrative Coordinator $5,984 $6,283 $6,597 $6,927 $7,273 $7,637 Assistant Planner $5,758 $6,046 $6,348 $6,665 $6,998 $7,348 Associate Planner $7,066 $7,419 $7,790 $8,180 $8,589 $9,018 Custodian $3,538 $3,715 $3,901 $4,096 $4,301 $4,516
Engineering Technician $4,833 $5,075 $5,329 $5,595 $5,875 $6,169 Environmental Control SQecialist Ill $5,692 $5,977 $6,276 $6,590 $6,920 $7,266 Environmental Control SQecialist II MJm $5,241 $5,503 $5,778 $6,067 $6,370 Environmental Control SQecialist I $4,753 $4,991 $5,241 $5,503 $5,778 $6,067 Environmental Control SQecialist
Trainee $4,335 $4,552 $4,780 $5,019 $5,270 $5,534
Homeless Outreach Coordinator $5,984 $6,283 $6,597 $6,927 $7,273 $7,637 Information Technolog}'.'. Technician $5,956 $6,254 $6,567 $6,895 $7,240 $7,602 lnsQector I $5,930 $6,227 $6,538 $6,865 $7,208 $7,568
Maintenance Mechanic II $4,659 $4,892 $5,137 $5,394 $5,664 $5,947 Maintenance Mechanic I $4,179 $4,388 $4,607 $4,837 $5,079 $5,333 Maintenance Worker Ill $5,112 $5,368 $5,636 $5,918 $6,214 $6,525 Maintenance Worker II $4,630 $4,862 $5,105 $5,360 $5,628 $5,909 Maintenance Worker I $4,179 $4,388 $4,607 $4,837 $5,079 $5,333 Planning Technician $5,165 $5,423 $5,694 $5,979 $6,278 $6,592 Recreation Coordinator I $3,538 $3,715 $3,901 $4,096 $4,301 $4,516 Utilities Maintenance Ill $5,126 $5,382 $5,651 $5,934 $6,231 $6,543 Utilities Maintenance II $4,659 $4,892 $5,137 $5,394 $5,664 $5,947 Utilities Maintenance I $4,179 $4,388 $4,607 $4,837 $5,079 $5,333 78 MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) Effective July 1, 2027. all current employees at the time of payment will receive a lump sum payment of one-thousand dollars ($1,000) as non-discretionary incentive to ratify the agreement. An employee must be in full paid status for the entire pay period in which the lump sum is paid to be eligible to receive the payment. It is the intent of the parties that the lump sum payment will not be treated as salary or wages, as the payment are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments. The City will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum payments will be paid by separate check. _Effective July 1, 2021, the salary schedules for job classifications represented by the bargaining unit will be increased by w.io percent (2%) to reflect monthly salary ranges as follows:
eMPbG¥ee GbASSIJ;:IGA+IGN QA+€ S+eJ2 S+€J2 ~ ~ S+eP S+e-12 :1 ~ ~ 1 ~ i
lnspestor I 7,(412021 4,603 4,833 5,075 5,329 5,595 5,875 Maintenanse Meshanis I 71112021 3,244 3,406 3,576 3,755 3,943 4,140 G1::1st0Elian ~021 2,597 2,727 2,863 3,006 3,156 3,314
environmental Gontrol Spesialist Ill 7#,{2021 4,232 4,444 4,666 4,899 5,144 5,401 eni.iironmental Gontrol Spesialist II 71112021- 3,712 3,897 4,092 4,297 4,512 4,738 eni.iironmental Gontrol Spesialist I 7/1J.2021 3,534 3,711 3,897 4,092 4,297 4,512 environmental Gontrel Specialist 7/112021 3,365 3,533 3,710 3,896 4,091 4,296 +rainee
ldtilities Maintenance Ill 7/1.t2021 3,979 4,178 4,387 4,606 4,836 5,078 ldtilities Maintenance II 71112021 3,617 3,798 3,988 4,187 4,396 4,616 ldtilities Maintenanse I 714l2021 3,244 3,406 3,576 3,755 3,943 4,140 Maintenance Worker 111 7/4.'2021 3,969 4,167 4,375 4,594 4,824 5,065 Maintenance lJVorker II 7l4l2021 3,594 3,774 3,963 4,161 4,369 4,587 Maintenance Worker I 714l2021 3,244 3,406 3,576 3,755 3,943 4,140 Effeoti¥e July 1, 2022, the salary schedules for job classifications represented by the bargaining unit will be increased by w.io percent (2%) to reflect monthly salary ranges as follows:
eMPbG¥ee GbASSIJ;:IG,A,+IGN ~ ~ ~ ~ ~ S+e-12 ~
:1 ~ ~ 1 ~ i
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80 MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) b.

C.
• Employees hired on or after January 1, 2021 'Nill receive a lump sum payment of two thousand four hundred dollars ($2,400).

Effecti11e July 1, 2022 or upon the City's receipt of the second federal stimulus payment (whichever is later), the City will provide lump sum payments of the follo1
Ning amounts as non discretionary incentii.1e to
ratify the agreement:
• Employees hired before January 1, 2021 will recei'Je a lump sum payment of three thousand six hundred dollars ($3600).
• Employees hired on or after January 1, 2021 will recei'le a lump sum payment of one thousand tv.m hundred dollars ($1,200).

Effective July 1, 2023, the City 'Nill provide lump sum payments of the following amounts as non discretionary incentive to ratify the agreement:
• Employees hired before January 1, 2021 'Nill receive a lump sum payment of one thousand ll.vo hundred dollars ($1,200). • Employees hired on or after January 1, 2021 will receive a lump sum payment of six hundred dollars ($600).

It is the intent of the parties that the lump sum payments will not be treated as salary or 11.1ages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, will not be treated as pensionable compensation, and there 'Nill be no roll up effect of the l1:1mp sum payments. The City '1Nill withhold taxes from l1:1mp sum payments in accordance i.•.1ith f.ederal and state req1:1irements. The lump sum payments will be paid by separate check.

8. Flexible Promotions

1. Upon an incumbent employee achieving six (6) years of City service with satisfactory performance at Level 1, with one of those years at Step 6, an employee in the following job series shall flexibly promote from Level 1 to Level 2:

Environmental Control Specialist
13 81

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) C.

2. 3.

Maintenance Worker
Utilities Maintenance
Account Clerk
Administrative Clerk
The City reserves the right to hire directly into, and to promote employees into, the Level 2 job classes for the above referenced job series before the employee has achieved six (6) years of City service with satisfactory performance at Level 1, with one of those years at Step 6.

The Public Works Director/City Engineer, with concurrence of the City Manager, may promote an employee from Level 2 to Level 3 of any of the above referenoedthe Environmental Control Specialist, Maintenance Worker and Utilities Maintenance job series.

The Parks & Recreation Director, with concurrence of the City Manager. may promote an employee from Level 2 to Level 3 of the Maintenance Worker.

Certificate Pay for Water and Wastewater Division Employees 1 . Water/Wastewater Treatment Certificates: Effective the pay period in which City Council approves the successor MOU in 20251 Public Works employees shall be entitled to receive the following Water Certification Premium when they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services Water/Wastewater Treatment, and are routinely and consistently assigned to test local water quality for compliance with governmental health standards:
a. :PA•enty five dollars ($25.00)Fifty dollars ($50) per month for Grade I, and
b. An additional fifty dollars ($50.00) one-hundred dollars ($100) per month for Grade 11, for a total of seventy fi't.•e dollars ($75.00)one hundred-fifty dollars ($150) per month.

2. Water Distribution Certificates: Effective the pay period in which City Council approves the successor MOU in 2025, Public Works employees shall be entitled to receive the following Water Certification Premium when they have been awarded and hold the specified certificate issued by the 14 82

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) D.

State of California, Department of Health Services Water Distribution, and are routinely and consistently assigned to test local water quality for compliance with governmental health standards:
a. Fifty dollars ($50) l\yenty fi11e dollars ($25.00) per month for Grade 11, and
b. An additional one-hundred dollars ($100) fifty dollars ($50.00) per month for Grade 111, for a total of one hundred-fifty dollars ($150) se1
1enty five dollars ($75.00) per month for Grade Ill.

3. Employees holding these certificates may be simultaneously compensated for:
a. Water Treatment and Water Distribution Certificates, or b. Wastewater Treatment and Water Distribution Certificates.

Employees holding these certificates shall not be simultaneously compensated for Water Treatment and Wastewater Treatment certificates.

4. Effective the pay period in which City Council approves the successor MOU in 2025. Effective the first full pay period folloi.,.iing the City Council approval of the initial MOU between the City and Union in 2019, compensation shall not exceed GAe-three hundred and fifty dollars ($300.00150.00) per month for any combination of certificates for Water Certification Premium.

5. In order to continue to receive this benefit, certified employees will be required to submit proof of re-certification to the Human Resources Director and Department Head as soon as it is issued.

Applicator Certificate Differential & License Pay for Parks & Streets Division Employees
1 . Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificates or license as issued by the State of California, Department of Pesticide Regulation, and are required by a government or regulatory agency to maintain such license in order to perform their job duties; 15 83

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) a. Fifty dollars ($50.00) per month for Pesticide License (Government Agency Required License) Pay;
b. Twenty-five dollars ($25.00) per month for a Qualified Applicator Certificate Differential, and
c. Twenty-five dollars ($25.00) per month for each additional category endorsement, maximum three (3) categories will be allowed and/or compensated for.

2. Employees holding these certificates and/or licenses can be compensated for:
a. Qualified Applicator License, or
b. Qualified Applicator Certificate.

In no case shall the employee be compensated for both. Category compensation shall be limited to the following categories, B-Landscape Maintenance, C-Right of Way, D-Plant Agriculture, F-Aquatic, K-Health Related.

3. Effective the first full pay period following the City Council approval of the initial MOU between the City and Union in 2019, compensation shall not exceed one hundred and fifty dollars ($150.00) per month for any combination of licenses/certificates.

4. In order to remain eligible for compensation, Certificated/Licensed employees shall be required to submit proof of certificate or license to the Human Resources Director and Department Head as soon as it is issued.

In addition, employees shall be required to maintain their licenses and/or certificates as required by the State of California Department of Pesticide Regulation in order to be eligible for continued compensation. Proof of current valid licenses or certificates shall be submitted annually.

E. Arborist Certificate /Tree Crew Premium Pay
Certain Public Works employees shall be entitled to receive Arborist Certificate/Tree Crew Premium Pay of two hundred dollars ($200.00) per month when they have been awarded and hold an Arborist Certificate issued by the International Society of Arboriculture and are routinely and consistently assigned to care for trees.
16 84

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) In order to remain eligible for compensation, Certificated/Licensed employees shall be required to submit proof of certificate or license to the Human Resources Director and department head as soon as it is issued. In addition, employees shall be required to maintain their licenses and/or certificates as required by the State of California Department of Pesticide Regulation in order to be eligible for continued compensation. Proof of current valid licenses or certificates shall be submitted annually.

F. Certification Pay
Certification pay shall begin and end on a pay period basis.

G. Sweeper Pay
H.

Effective the first full pay period follo11.1ing City Council approval of an initial MOU in 2021, Maintenance Workers in the Solid Waste Division who are routinely and consistently assigned to operate the Street Sweeper will receive $0.58 per hour as Heavy/Special Equipment Operator differential pay for time actually worked in the Sweeper assignment.

Effective the pay period in which City Council approves the successor MOU in 2025, Maintenance Workers in the Utilities Solid V\laste Division who are routinely and consistently assigned to operate the Vactor Truck will receive $0.58 per hour as Heavy/Special Equipment Operator differential pay for time actually worked in the Vactor Truck assignment.

Eligible employees are required to report time spent operating the Sweeper and Vactor Truck on their time cards in order to receive differential pay.

Short term assignments will be made by the Foreman. The pay will not apply to individuals assigned to operate the Street Sweeper or Vactor Truck on an occasional and sporadic basis. This agreement will not preclude the City from occasionally assigning a Foreman to operate the Street Sweeper or Vactor Truck on an occasional and sporadic basis.

Certificate Pay for Project Management Professional Certification 17 85

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) I.

Effective the pay period in which City Council approves the successor MOU in 2025, employees shall be entitled to receive certificate pay of one hundred dollars {$100) per month when they have been awarded and hold a current Project Management Professional Certificate. Project Management Professional Certificate Pay is limited to positions in which the certification will enhance the employee's ability to perform their job duties, as determined by the Department Head and subject to Department Head advance approval.

Notary Pay
Effective the pay period in which City Council approves the successor MOU in 2025, employees who have been awarded and hold a Notary Public Certificate issued by the California Department of Secretary of State, and who are assigned to provide notary services. will receive one hundred dollars ($100) per month.

Following City Council approval of the successor MOU in 2025, the City agrees to transfer one notary license certification assignment from Finance to Public Works.

Refuse Collection Pay
Effective the pay period in which City Council approves a successor MOU in 2025, Maintenance Workers assigned to Encampment Cleanup duty 1 .-.iill be paid will
receive three dollars ($3.00) per hour for time actually worked in Encampment Cleanup. Assignments will be made by management: however, volunteers will be taken into account and assigned where feasible based on operational needs.

Management reserves the right to remove volunteers from the assignment for operational reasons.

Compensatory Time Off {CTO)
Employees may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked if their supervisor agrees prior to overtime work being performed. CTO accrues at the rate of one and one-half (1.5) hours for each hour, or fraction thereof, worked in excess of the employee's regularly assigned work shift.

Employees will be permitted to accumulate up to eighty (80) hours of Compensatory Time Off.

Effective July 1, 2021, employees may cash out CTO under the following conditions. Annually, no later than by December 15th, employees may submit an 18 86

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) irrevocable election form to Human Resources to receive payment of an elected amount of earned, unused CTO in payments on December 5th of the next calendar year. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual CTO cash out program.

Cash out of Compensatory Time will be paid by separate check upon request.

Compensatory Time Off (CTO) will be handled in accordance with provisions outlined in the City's Compensatory Time Off (CTO) Policy, and as amended during the term of this agreement; (refer to City of Los Banos Policy & Procedures Manual).

SECTION VI II - Benefits
The City will contribute toward the City sponsored benefit plans during the life of this MOU as follows:

A. Medical Insurance Benefits
The City will contract with the California Public Employees Retirement System (CalPERS) for the purpose of providing employees with medical insurance benefits.

The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA).

B. Section 125 Plan
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits and to provide minimum essential coverage for medical insurance to employees and qualifying dependents. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending accounts for out-of-pocket medical expenses and dependent care, vision insurance, dental insurance and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City19 87 MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) sponsored health benefits under Section A of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee.

1. Tier One: For employees hired before April 1, 2010 and enrolled in Cityoffered CalPERS medical insurance, the City will provide, on a monthly basis, for the purpose of providing minimum essential coverage to employees and dependents, a Cafeteria Plan Allowance based on the employee's level of health care coverage as provided below. The City Cafeteria Plan Allowance will be capped at the amounts listed below, and will not exceed the monthly premium for the plan at the level of coverage selected by the employee, minus the PEMHCA minimum employer contribution for medical insurance; plus eighty fi>1e dollars ($85) per month in recognition of premiums for City's life, dental and vision insurance plans.

Employees enrolled in City-offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allowance. If the combined premiums for the employee's dental, vision and life insurance plans and level of co>1erage are less than eighty fi'1e dollars ($85) per month, the employee can apply the difference tmuard the employee's medical insurance premium.

Effective January 1, 2021 the first month following City Council approval of a successor MOU in 2025,, the Tier One City Cafeteria Plan Allowance will be adjusted as follows:

The City will provide, on a monthly basis. a Cafeteria Plan Allowance based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision. and basic life insurance (maximum $50.000 pay out), up to the amounts below. City contributions will not exceed the following amounts:

Medical Dental Vision Life
Single Partv $1,154 $100 $20 llQ
2-Partv $2,308 $100 $20 llQ
Ee+ Family $3,000 $100 $20 llQ
The City will pay minimum monthly employer contribution required under 20 88

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.
a.
b.

Employee Only: Up to one thousand one hundred fifty four dollars ($1,154) per month; minus the PEMHCA minimum employer
contribution f.or medical insurance; plus eighty fi•.•e dollars ($85) per month in recognition of the premiums for enrollment in the City's life insurance (coverage up to $50,000), dental insurance and 'Jision insurance plans.

Employee Plus One: Up to tv.io thousand three hundred eight dollars ($2,308) per month; minus the PEMHCA minimum employer
contribution for medical insurance; plus eighty five dollars ($85) per month in resognition of the premiums for enrollment in the City's life insurance (coverage up to $50,000), dental insuranse and •,ision insurance plans.

Emplo'{ee Plus Family: Up to three thousand dollars ($3,000) per month; minus the PEMHCA minimum employer sontribution for medical insuranse; plus eighty five dollars ($85) per month in recognition of the premiums for enrollment in the City's life insurance (co¥erage up to $50,000), dental insuranse and vision insurance plans.

2. Tier Two: For employees hired on or after April 1, 2010 and enrolled in Cityoffered CalPERS medical insurance, the City will provide, on a monthly basis, for the purpose of providing minimum essential coverage to employees and dependents, a Cafeteria Plan Allowance, based on the employee's level of health care coverage as provided below. The City Cafeteria Plan Allowance will be capped at the amounts listed below, and will not exceed the monthly premium for the plan and level of coverage selected by the employee, minus the PEMHCA minimum employer contribution for medical insurance; plus eighty fi'.•e dollars ($85) per month in recognition of the premiums for enrollment in the City's life, dental and vision insurance plans.

Employees enrolled in City-offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan 21 89

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) allowance. If the combined premiums for the employee's dental, vision and life insurance plans and le•Jel of co1
Jerage are less than eighty five dollars
($85) per month, the employee can apply the difference to1.\'ard the employee's medical insurance premium.

Effective the first month following City Council approval of a successor MOU in 2025, the City will provide, on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out), up to the amounts below. City contributions will not exceed the following amounts:

Medical Dental Vision Life
Single Party $1 I 154 $100 $20 .$1Q
2-Party $2,165 $100 $20 .$1Q
Ee+ Family $2,755 $100 $20 .$1Q
Effective January 1, 2026, the City will provide. on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out), up to the amounts below. City contributions will not exceed the following amounts:

Medical Dental Vision Life
Single Party $1,154 $100 $20 11.Q
2-Party $2,270 $100 $20 11.Q
Ee+ Family $2,860 $100 $20 11.Q
The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.

Effective January 1, 2027, the City will provide, on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision , and basic life insurance (maximum $50,000 pay out), up to the amounts below. City contributions will not exceed the following amounts:
22 90

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit)

3. 4.

Medical Dental Vision Life
Single Partv $1,154 $100 $20 llQ
2-Party $2,308 $100 $20 llQ
Ee+ Family $3,000 $100 $20 llQ
The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.

Eff.estive January 1, 2021, the Tier Two City Cafeteria Plan Allowance •Nill be ad:iusted as follows:
a.
b.

Employee Only: Up to one thousand one hundred fifty four dollars ($1,154) per month; minus the PEMHCA minimum employer
sontribution f.or medisal insuranse; plus eighty fii.1e dollars ($85) per month in resognition of the premiums f.or enrollment in the City's life insuranse (coverage up to $50,000), dental insuranse and vision ins1::1ranse plans.

Employee Plus One: Up to til.io thousand seventy seven dollars ($2,077) per month; min1::1s the PEMHCA minim1::1m employer sontribution f.or medisal insuranse; plus eighty five dollars ($85) per month in recognition of the premi1::1ms for enrollment in the City's life ins1::1ranse (co1Jerage up to $50,000), dental ins1::1ranse and vision ins1::1ranse plans.

Employee Plus Familv: Up to two thousand fo1::1r hundred dollars ($2,400) per month; min1::1s the PEMHCA minimum employer contrib1::1tion f.or medisal ins1::1ranse; pl1::1s eighty five dollars ($85) per month in resognition of the premiums for enrollment in the City's life ins1::1ranse (so•1erage 1::1p to $50,000), dental ins1::1rance and vision ins1::1ranse plans.

Employee enrollment in dental, vision and life insurance plans offered by the City is mandatory.

Employees who opt out of medical plans sponsored by the City, and sign an Attestation and Release, and provide proof of Minimum Essential Coverage as defined by the ACA for the employee and members of the 23 91

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit)

4. employee's tax family, will receive a Cafeteria Plan Allowance of four hundred dollars ($400) per month.

Employee enrollment in dental insurance, vision insurance, and the basic life insurance plans offered by the City is mandatory, including for employees who opt out of City health insurance plans. Enrollment of qualifying dependents in City-offered dental and vision insurance is optional. For employees who opt out of City-provided medical insurance, effective the first month following City Council approval of a successor MOU in 2024. City monthly contributions to dental, vision and life insurance will be based on the employee's enrolled plan and level of health insurance coverage for dental. vision, and basic life insurance (maximum $50,000 pay out). up to the amounts below. City contributions will not exceed the following amounts:

Dental Vision Life
Single Partv $100 $20 i1Q
2-Partv $100 $20 i1Q
Ee+ Family $100 $20 i1Q
Employees who opt out of medisal plans sponsored by the City, and sign an Attestation and Release, and pro'lide proof of Minimum Essential Co•.ierage as defined by the AC/\ for the employee and members of the employee's tax family, will resei'le a Cafeteria Plan Allowanse of four hundred eighty fi•Je dollars ($485) per month, oh,1hish part must be used to enroll in mandatory life insurance, dental insurance and vision insurance 001,erage.

5. At the City's request, the City and Union shall reopen to discuss the impact of healthcare legislation, including but not limited to the Affordable Care Act, and/ or its impacts.

C. Pension

1. Regular employees, hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 2.7%@ 55 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 2.7%@ 55 Plan.
24 92

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit)

2. Regular employees, hired on or after January 1, 2011, who qualify as "classic" members as defined by the Public Employee Pension Reform Act (PEPRA), will receive a CalPERS retirement benefit based on the 2% @ 60 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 2%@ 60 Plan.

3. Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) will receive the 2% at age 62 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

D. Retiree Medical

1. The City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA.

The City's maximum monthly contribution for each eligible annuitant will be equal to the minimum employer contribution required under the PEMHCA.

The provisions of the PEMHCA will govern medical insurance coverage for annuitants.

2. Employees hired by the City before October 1, 2002 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health plan premium cost for the employee's elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest-cost available plan offered by CalPERS, less the City's minimum monthly employer contribution under PEMHCA.
25 93

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) b. Upon attaining Medicare eligibility, the City will contribute an amount equal to the health plan premium cost for the elected health care plan up to the amount of the lowest-cost, available supplemental Medicare plan offered by CalPERS for the level of coverage selected by the annuitant (single party, two party, or family), less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. A qualifying annuitant who retires from the City will not be entitled to City retiree medical benefits, as specified above, while receiving health insurance contributions from another CalPERS agency; the annuitant will be required to choose between available insurance plans and employer contributions.

3. Employees hired by the City between October 1, 2002 and June 30, 2008 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time that the retiree becomes eligible for Medicare, the City will contribute an amount to cover fifty percent (50%) of the Blue Shield Access HMO plan for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the Blue Shield Access HMO plan for each additional year of service beyond ten (10) years, up to onehundred percent (100%) of the Blue Shield Access HMO plan after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
b. Upon attaining Medicare eligibility, for annuitants who retired from the City with ten (10) years of service with the City, the City's contribution will equal the cost of fifty percent (50%) of the lowestcost supplemental Medicare plan offered by CalPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA. For each additional year of service with the City beyond ten (10) years, the City will contribute an additional five percent (5%) of the cost of the supplemental Medicare plan offered by CalPERS for each additional year of service beyond ten (10) years, up to onehundred percent (100%) of the supplemental Medicare plan offered 26 94

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) E.
by CalPERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA. c. A qualifying annuitant who retires from the City will not be entitled to City retiree medical benefits, as specified above, while receiving health insurance contributions from another CalPERS agency; the annuitant will be required to choose between available insurance plans and employer contributions.

Retiree Health Savings Plan (RHSP)
For employees hired on or after July 1, 2008, the City of Los Banos has established a program to which the City and employees participate to save, on a tax deferred basis, money to help pay the cost of healthcare once an individual retires. The Retiree Health Savings Plan (RHSP) may be used for expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the RHSP are the sole responsibility of the employee. Participation is mandatory for all eligible employees.

1. Participation is mandatory for all employees hired on or after January 1, 2008.

2. For employees hired on or after January 1, 2008:
a. Effective the first pay period following City Council approval of a successor MOU, or July 1, 2021 (whichever is later), starting after an employee has successfully completed his or her initial probationary period, the City will contribute seventy-five dollars ($75) per month to the employee's RHSP Account. Likewise, the employee will contribute seventy-five dollars ($75) per month to his or her RHSP Account.
b. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's RHSP Account. Upon successful completion of the initial hire probationary period, the City will contribute a lump sum of seventyfive dollars ($75) per month for each month served in the employee's initial probationary period.
27 95

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) c. Upon cessation of employment with the City, the City will cease contributions to the individual's RHSP Account.
d. Employees hired on or after January 1, 2008 will have no vested right to ongoing City contributions to the RHSP Account. Changes to or the elimination of the City contributions to the RHSP Account will be subject to meet and confer with the Union.

SECTION IX - Miscellaneous
A.

Safety Shoe/Boot Allowance
Effective the pay period in which City Council approves the successor MOU in 2025,Effecti'le the first full pay period following City Council appro'lal of an initial MOU in 2019, employees who are required by the City to wear steel toed and/or ankle supported safety shoes/boots, or to work with asphalt as a usual and regular job duty, will receive a shoe/boot allowance of One Hundred Ninety Dollars ($190.00)Two Hundred Twenty-Five Dollars ($225.00) as needed toward the cost of shoes/boots. The employee's supervisor will retain sole discretion as to replacement needs. Upon City purchase of new boots, employees shall return their old City-purchased boots/shoes to the supervisor.

Clothing
Effective as soon as administratively feasible following City Council approval of a new MOU in 2019, the Department will provide each employee with three (3) tshirts containing the City logo, to be worn in warm weather. At the employee's request, long sleeve t-shirts shall be provided in lieu of short sleeve t-shirts.

The City's uniform services provider shall provide shirts for employees to wear on the job. As the current uniform shirts wear out, the City shall replace them with Type R, Class 3 high visibility safety apparel.

For classic CalPERS members as defined by the Public Employee Pension Reform Act (PEPRA), the City will report to CalPERS the monetary value for providing and maintaining required uniforms. The City will report the uniform costs on a semi-monthly basis. The uniform purchase and maintenance amount reported to CalPERS will be derived from the City's total annual cost for providing the 28 96

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) employee's uniforms, not to exceed one thousand dollars ($1,000) per fiscal year, per employee.

SECTION X - Grievance Procedure
A. Purpose: The purpose of the Grievance Procedure is to provide for fair and prompt review and resolution of issues affecting labor relations.

B. Grievance Defined: A grievance will be defined as an alleged violation of the MOU.

C. Step 1 Informal Grievance: Within fourteen (14) calendar days of the occurrence of the act(s) that constitute the grievance, an employee will discuss the grievance with the employee's immediate supervisor, who will investigate and attempt to resolve the matter. The supervisor will give the employee a verbal reply within fourteen (14) calendar days after the discussion. If the employee is not satisfied with the reply, he or she may proceed to Step 2.

D. Step 2 Formal Grievance: Any grievance not resolved at Step 1 may be submitted in writing to the Department Head no later than fourteen (14) calendar days after the date of the supervisor's verbal reply. Formal Employee Grievances will be submitted on the prescribed form (Employee Grievance Report).

Upon receipt of the Employee Grievance Report, the Department Head will conduct a thorough review of the circumstances giving rise to the Grievance, including a meeting with the employee who initiated the Grievance.

At the time of such meeting, which will be scheduled no later than seven (7) calendar days from the date the Department Head received the Employee Grievance Report, the employee may bring with him/her one (1) advisor of his/her choice to assist in presentation of his/her concerns. Electronic or mechanical recording of the hearing is permitted by any participant.

Within ten (10) calendar days after the date of the Grievance Hearing the employee initiating the Grievance will be provided with a written response (Finding on Employee Grievance) which sets forth the Department Head's findings on the Grievance and specifies what, if any, action will be taken to correct the problem.

Exception: In those situations where additional review is required, the employee will be given written notice of this fact within the normal ten (10) day response time and follow-up notices of delay by the conclusion of each subsequent ten (10) day period thereafter until such time as the Findings are completed. 29 97

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) E. Step 2.5 Voluntary Mediation: If an employee is dissatisfied with the initial Finding on Employee Grievance, the City and Union may mutually agree to hold the grievance in abeyance pending mediation of the grievance with a mediator from the California State Mediation and Conciliation Service. A settlement reached in mediation will be final and binding upon the parties.

F. Step 3 Grievance Appeal: If an employee is dissatisfied with the initial Finding on Employee Grievance, and if the parties agreed to mediate the grievance and failed to reach an agreement, the employee may appeal the decision to the City Manager.

To exercise their right to appeal a Finding on Employee Grievance, employees must file a written request with the City Manager by no later than five (5) calendar days from the date of receipt of the Step 2 Findings on Employee Grievance. Such time limits may be extended per mutual agreement if the parties agree to mediate the agreement.

The request for Appeal will include: copies of the original Employee Grievance Report, Findings on Employee Grievance, and a cover letter setting forth the specific reasons the employee disagrees with the decision reached with regard to his/her Grievance. Failure to submit the required material within the specified time period will be considered as a waiver of the employee's right to Appeal.

Upon receipt of a Grievance Appeal, the City Manager will conduct a thorough review of circumstances giving rise to the Grievance, including a meeting with the employee initiating the Grievance within no later than ten (10) calendar days from the date the City Manager received the employee's Grievance Appeal.

The decision of the City Manager will be final and binding. The City Manager's decision will be limited as follows:
• The decision will neither add to, detract from, nor modify the language of the MOU.
• The decision will be confined to the precise issue(s) the grievance has raised at Step 1.
• Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event will any grievance award include any compensatory 30 98

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) damages or attorneys' fees.

G. Time Limits: Any grievance will be deemed settled when it is not appealed to the next step within the specified time limit, unless an extension of time to a definite date has been mutually agreed upon in writing. Any grievance that the grievant fails to timely move to the next step will be deemed resolved on the basis of the last disposition.

SECTION XI - Provision of the Law
This MOU is subject to all applicable current and future Federal and State laws, State regulations, the Municipal Code of the City of Los Banos and the Constitution of the State of California.

Should any of the provisions herein contained be rendered or declared invalid by reason of the State or Federal legislation or court action, such invalidations of such part of portions hereof will not invalidate the remaining portions hereof and they will remain in full force and effect, insofar as such remaining portions are severable.

SECTION XII - No Strike
The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding. No lockout of employees shall be instituted by the City during the term of this MOU.

SECTION XIII - Right to Representative in Investigatory Meeting Upon an employee's request, an employee is entitled to have a Union Representative present during any investigatory interview that may result in discipline, or when the employee has a reasonable belief that discipline will result from the meeting.

SECTION XIV - Term
The term of this MOU will commence July 1, 2021 2024 and will expire June 30, ~2028, except as otherwise provided in this MOU.
31 99

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit) 32 100

MEMORANDUM OF UNDERSTANDING
City of Los Banos and
Public Employees' Union Local One/AFSCME (Public Works/Miscellaneous Unit)

SIGNATURES
FOR THE CITY OF LOS BANOS: FOR AFSCME LOCAL ONE:

Date: __________ _ Date: __________ _
33 101

THIS PAGE IS INTENTIONALLY LEFT BLANK
102
LOsBanos
At the Crossroads of California
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC {JrCity Clerk/Human Resources Director DATE: April 16, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Update to Salary Schedule
Recommendation:

Attached please find a resolution for your review and consideration of approval that would amend Division 4, Salary Schedule-Employee Classifications to reflect changes associated with the approval of the Los Banos Public Employees' Union (LBPEU) Tentative Agreements (TA)/Memorandums of Understanding (MOU).

Discussion:

With approval of the TA/MOUs with the LBPEU, effective April 16, 2025, the City's Salary Schedule needs to be amended to reflect the approved four (4) year, three percent (3%) salary increase for all classifications in the unit and additional equity adjustments for the Planning Technician (9%) and Environmental Control Specialist 1/11/111 (4.4%) classifications.

Fiscal Impact:

For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $25,205 for which funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements. Staff will ensure future increases are factored into the budget projections for the duration of the agreement.

Reviewed by:

MinervaMbreno, Finance Director
Attachments:

Resolution
D,,..

Gar}Bride~rim City Manager
ITEM 7G
103
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 4,

SALARY SCHEDULE EMPLOYEE

CLASSIFICATIONS RELATING TO CHANGES IN

SECTION A - ADMINISTRATION, SECTION B -

FINANCE, SECTION C - COMMUNITY & ECONOMIC

DEVELOPMENT, SECTION D - PUBLIC WORKS,

SECTION E - PARKS & RECREATION, SECTION F -

FIRE & BUILDING, SECTION G- POLICE
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Los Banos Public Employees' Union (LBPEU) TNMOU for a COLA salary increase of three percent (3%) on April 16, 2025, July 1, 2025, July 1, 2026 and July 1, 2027; and
WHEREAS, that the Salary Schedule also be amended to reflect a nine percent (9%) salary equity adjustment for the Planning Technician and a four point four precent (4.4%) for the Environmental Control Specialist 1/11/111 classifications on April 16, 2025; and WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of April 16, 2025.

NOW, THEREFORE, BE IT RESOLVED that Division 4, Salary Schedule of the City Policy Manual is hereby amended to reflect the changes as listed above and is hereby approved as submitted as "Exhibit A" respectively.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of April 2025, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:

A YES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
104
DIVISION 4

SALARY SCHEDULE
(Approved April 16. 2025 I Effective April 16, 2025)
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY

SECTION A-ADMINISTRATION
TOTAL POSITIONS AUTHORIZED (7)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS City Manager (1) 15,632-20,009 * * * * *
Assistant City Manager (1) * 14,421 15,142 15,899 16,694 17,529 Human Resources Director (1) 11,862-15, 145 * * * * *
Assistant City Clerk/HR Analyst (1) * 6,467 6,790 7,130 7,487 7,861 Administrative Coordinator/Confidential ( 1) * 5,477 5,751 6,039 6,341 6,658 HR Technician I (2) * 4,337 4,554 4,782 5,021 5,272
Admin Clerk (0)
Admin Clerk II * * ~ ~ ~ ~ 4,-aaa
3% 4/16/2025 3,859 4,052 4,255 4,468 4,691
3% 7/1/2025 3,975 4,174 4,383 4,602 4,832
3% 7/1/2026 4,094 4,299 4,514 4,740 4,977
3% 7/1/2027 4,217 4,428 4,649 4,881 5,125
Admin Clerk I * * ~ ~ ~ ~ ~
3% 4/16/2025 3,238 3,400 3,570 3,749 3,936
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054
3% 7/1/2026 3,435 3,607 3,787 3,976 4,175
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301
* GemA=leRt: PreA=letieRs te skill levels wiU1iR U:ie AeA=liR GleFk jee slassifisatieRs aFe A=laee ey tl:ie t,,l1.1A=1aR Rese1.1FGes QiFesteF witl:i G9RGl.lFFeRGe ef tl:ie Gity MaRa§eF.

SECTION B - FINANCE
TOT AL POSITIONS AUTHORIZED ( 11 )
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEPS Finance Director ( 1) 13,163-16,807 * * * * *
Finance Manager ( 1) * 8,919 9,365 9,833 10,325 10,841
Accountant (2)
Accountant II * * ~ ~ ~ ~ ~
3% 4/16/2025 6,466 6,789 7,128 7.484 7,858
3% 7/1/2025 6,660 6,993 7,343 7,710 8,096
3% 7/1/2026 6,860 7,203 7,563 7,941 8,338
3% 7/1/2027 7,066 7,419 7,790 8,180 8,589
Accountant I * * 5,446 ~ a,e44 ~ ~
3% 4/16/2025 5,269 5,532 5,809 6,099 6,404
3% 7/1/2025 5.427 5,698 5,983 6,282 6,596
3% 7/1/2026 5,590 5,870 6,164 6,472 6,796
3% 7/1/2027 5,758 6,046 6,348 6,665 6,998
Information Technology Technician (1) * ~ ~ ~ ~ ~
3°/4 4/16/2025 5,451 5,724 6,010 6,311 6,627
3% 7/1/2025 5,615 5,896 6,191 6,501 6,826
3% 7/1/2026 5,783 6,072 6,376 6,695 7,030
3% 7/1/2027 5,956 6,254 6,567 6,895 7,240
Accounting Technician/Clerk (6)
Accounting Technician * * ~ ~ ~ 4-,9-7Q &,-24-9
3% 4/16/2025 4,422 4,643 4,875 5,119 5,375
3% 7/1/2025 4,555 4,783 5,022 5,273 5,537
3% 7/1/2026 4,692 4,927 5,173 5,432 5,704
3% 7/1/2027 4,833 5,075 5,329 5,595 5,875
STEP6
*
18,405
*
8,254
6,991
5,536
4,--783
4,926
5,074
5,226
5,381
~
4,133
4,257
4,384
4,516
STEP6
*
11,383
~
81251
8,501
8,755
9,018
~
6,724
6,926
7,136
7,348
G;+aa
6,958
7,167
7,382
7,602
&,-48Q
5,644
5,814
5,989
6,169
105
Accounting Clerk II * * ~ ~ ~ ~ 4,-aa& 4,--7gJ
3% 4/16/2025 3,859 4,052 4,255 4,468 4.691 4,926
3% 7/1/2025 3,975 4.174 4,383 4,602 4,832 5,074
3'/4 7/1/2026 4,094 4,299 4,514 4,740 4.977 5,226
3% 7/1/2027 4,217 4,428 4,649 4,881 5,125 5,381
Accounting Clerk I * * ~ ~ ~ ~ ~ ~
3% 4/16/2025 3,238 3,400 3,570 3,749 3,936 4,133
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3.435 3,607 3,787 3.976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516
* Comment: Promotions to skill levels within the Accountant, Accounting Technician and Accounting Clerk job classifications are made by the Finance Director with concurrence of the City Manager.

SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT
TOT AL POSITIONS AUTHORIZED (6)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEP 5 STEP6 Community & Economic Development Director ( 1) 13,163-16,267 * * * * * * Housing Program Manager ( 1) * 8,919 9,365 9,833 10,325 10,841 11,383 Homeless Outreach Coordinator ( 1) * ~ ~ ~ ~ e,4e3 e,+8e 3•,<, 4/16/2025 5.477 5.751 6,039 6.341 6,658 6,991
3% 7/1/2025 5,641 5,923 6,219 6,530 6.857 7,200
3% 7/1/2026 5,810 6,101 6,406 6,726 7.062 7,415
3% 7/1/2027 5,984 6,283 6,597 6,927 7,273 7,637
Planner ( 1)
Senior Planner * * 7,507 7,882 8,276 8,690 9,125 9,581
Associate Planner * * e,2-78 ~ ~ ~ +,e34 ~
3% 4/16/2025 6,466 6.789 7,128 7,484 7,858 8,251
3% 7/1/2025 6,660 6.993 7,343 7,710 8,096 8,501
3•,<, 7/1/2026 6,860 7,203 7,563 7,941 8,338 8,755
3% 7/1/2027 7,066 7,419 7,790 8,180 8,589 9.018
Assistant Planner * * ~ ~ ~ ~ ~ ~
3'/4 4/16/2025 5,269 5,532 5,809 6,099 6,404 6,724
3% 7/1/2025 5,427 5,698 5,983 6,282 6,596 6,926
3% 7/1/2026 5,590 5,870 6,164 6,472 6,796 7,136
3•,<, 7/1/2027 5,758 6,046 6,348 6,665 6,998 7,348
Planning Technician ( 1) * 4,2--1-0 4,420 4,e44 ~ a,-447 ~ 9% equity 4/16/2025 4,589 4,818 5,059 5,312 5,578 5,857 3% 4/16/2025 4,727 4,963 5,211 5.472 5,746 6,033
3'/4 7/1/2025 4,869 5.112 5,368 5.636 5,918 6,214
3% 7/1/2026 5.015 5,266 5,529 5,805 6,095 6,400
3% 7/1/2027 5,165 5,423 5,694 5,979 6.278 6,592
Admin Clerk (1)
Admin Clerk II * * ~ ~ ~ ~ 4,-aa& 4,--7gJ
3% 4/16/2025 3,859 4,052 4,255 4,468 4,691 4,926
3% 7/1/2025 3,975 4,174 4,383 4,602 4.832 5,074
3% 7/1/2026 4,094 4.299 4,514 4,740 4.977 5,226
3% 7/1/2027 4,217 4,428 4,649 4,881 5.125 5,381
Admin Clerk I * * ~ ~ ~ ~ ~ 4.,0-12
3% 4/16/2025 3,238 3,400 3,570 3,749 3,936 4,133
3% 7/1/2025 3.335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3,435 3,607 3,787 3,976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516
* Comment: Promotions to skill levels within the Planner and Admin Clerk job classifications are made by the Community & Economic Development Director with concurrence of the City Manager. 106

SECTION D - PUBLIC WORKS
TOTAL POSITIONS AUTHORIZED (55)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEP 5 STEP6 Public Works Director/City Engineer ( 1) 15, 107-19,290 * * * * * * Assistant Public Works Director (1) * 10,549 11,076 11,630 12,212 12,823 13,464 Public Works Operations Manager (2) * 7,520 7,896 8,291 8,706 9,141 9,598 Facilities Manager (1) * 7,520 7,896 8,291 8,706 9,141 9,598 Public Works Supervisor ( 1) * 5,914 6,210 6,521 6,847 7,189 7,548 Water Quality Specialist (1) * 5,722 6,008 6,308 6,623 6,954 7,302 Fleet Maintenance Coordinator ( 1) * 5,586 5,865 6,158 6,466 6,789 7,128 Foreman (3) * 5,477 5,750 6,038 6,340 6,657 6,990
Administrative (3)
Administrative Coordinator * * ~ ~ ~ e,-1--§a e-,4€M e,7-Se 3% 4/16/2025 5,477 5,751 6,039 6.341 6,658 6,991
3% 7/1/2025 5,641 5,923 6,219 6,530 6,857 7,200
3% 7/1/2026 5,810 6,101 6,406 6,726 7,062 7.415
3% 7/1/2027 5,984 6,283 6,597 6.927 7,273 7,637
Administrative Assistant * * ~ ~ 4,--7-94 a.W4 ~ &,-a4-7 3% 4/16/2025 4.476 4,700 4,935 5,182 5,441 5,713
3% 7/1/2025 4,610 4,841 5,083 5,337 5,604 5,884
3% 7/1/2026 4.748 4,985 5,234 5,496 5,771 6,060
3% 7/1/2027 4,890 5,135 5,392 5,662 5,945 6,242
Engineering Technician (2) * ~ 4,-W8 ~ 4,-WO ~ MW
3% 4/16/2025 4.422 4,643 4,875 5,119 5,375 5,644
3% 7/1/2025 4,555 4,783 5,022 5,273 5,537 5,814
3% 7/1/2026 4,692 4,927 5,173 5,432 5,704 5,989
3% 7/1/2027 4.833 5,075 5,329 5,595 5,875 6,169
Admin Clerk (2)
Admin Clerk II * * d-;-74-7 ~ 4,434 ~ ~ ~
3% 4/16/2025 3,859 4,052 4,255 4,468 4,691 4,926
3% 7/1/2025 3,975 4,174 4,383 4,602 4,832 5,074
3% 7/1/2026 4,094 4,299 4,514 4,740 4,977 5,226
3% 7/1/2027 4,217 4,428 4,649 4,881 5,125 5,381
Admin Clerk I * * ~ ~ ~ ~ ~ ~
3% 4/16/2025 3,238 3.400 3,570 3,749 3,936 4,133
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3.435 3,607 3,787 3,976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516
Inspector I (2) * ~ ~ &,-gOO e;-OW ~ ~
3% 4/16/2025 5.426 5,697 5,982 6,281 6,595 6,925
3% 7/1/2025 5,589 5,868 6,161 6.469 6,792 7,132
3% 7/1/2026 5,757 6,045 6,347 6,664 6,997 7,347
3% 7/1/2027 5,930 6,227 6,538 6.865 7,208 7,568
Maintenance Mechanic JI ( 1) 3% 4/16/2025 4,263 4.476 4,700 4,935 5,182 5.441 3% 7/1/2025 4,391 4,611 4,842 5,084 5,338 5,605
3% 7/1/2026 4,523 4,749 4,986 5,235 5.497 5,772
3% 7/1/2027 4,659 4,892 5,137 5,394 5,664 5,947
Maintenance Mechanic I (1) * ~ ~ 4,-094 4,-2-99 4,-&44 4,-+40 3% 4/16/2025 3,824 4,015 4,216 4,427 4,648 4,880
3% 7/1/2025 3,939 4,136 4,343 4,560 4,788 5,027
3% 7/1/2026 4,057 4.260 4,473 4,697 4,932 5,179
3% 7/1/2027 4,179 4,388 4,607 4,837 5,079 5,333
Custodian (2) * ~ ~ ~ ~ ~ ~
3% 4/16/2025 3,238 3,400 3,570 3,749 3,936 4,133
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3,435 3,607 3,787 3,976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516
107
Environmental Control/Utilities Maintenance (14)
Environmental Control Specialist Ill * * 4_g44 &,-Qg@ ~ &;60-7 ~ ~

4.4% equity 4/16/2025 5,057 5,310 5,576 5,855 6,148 6,455 3% 4/16/2025 5,209 5,469 5,742 6,029 6,330 6,647
3% 7/1/2025 5,365 5,633 5,915 6,211 6,522 6,848
3% 7/1/2026 5,526 5,802 6,092 6,397 6,717 7,053
3% 7/1/2027 5,692 5,977 6,276 6,590 6,920 7,266
Environmental Control Specialist II * * ~ 4,400 ~ 4,-94-7 &,4e3 M24

4.4% equity 4/16/2025 4.435 4,657 4,890 5,135 5,392 5,662 3% 4/16/2025 4,568 4,796 5,036 5,288 5,552 5,830
3% 7/1/2025 4,705 4,940 5,187 5,446 5,718 6,004
3% 7/1/2026 4,846 5,088 5,342 5,609 5,889 6,183
3% 7/1/2027 4,991 5,241 5,503 5,778 6,067 6,370
Environmental Control Specialist I * * 4,-04& ~ 4,4W ~ ~ ~

4.4% equity 4/16/2025 4,223 4,434 4,656 4,889 5,133 5,390 3% 4/16/2025 4,350 4,568 4,796 5,036 5,288 5,552
3% 7/1/2025 4,481 4,705 4,940 5,187 5,446 5,718
3% 7/1/2026 4,615 4,846 5,088 5,342 5,609 5,889
3% 7/1/2027 4,753 4,991 5,241 5,503 5,778 6,067
Environmental Control Specialist Trainee * * ~ 4,-044 4,246 ~ ~ 4,94a 3% 4/16/2025 3,967 4,165 4,373 4,592 4,822 5,063
3% 7/1/2025 4,086 4,290 4,505 4,730 4,967 5,215
3% 7/1/2026 4,209 4.419 4,640 4,872 5,116 5,372
3% 7/1/2027 4,335 4,552 4,780 5,019 5,270 5,534
Utilities Maintenance Ill * * 4,eM ~ a,G24 ~ ~ 5,-84-3
3% 4/16/2025 4,691 4,926 5,172 5,431 5,703 5,988
3% 7/1/2025 4,832 5,074 5,328 5,594 5,874 6,168
3% 7/1/2026 4,977 5,226 5,487 5,761 6,049 6,351
3% 7/1/2027 5,126 5,382 5,651 5,934 6,231 6,543
Utilities Maintenance II * * 4,4-3-9 ~ ~ 4,--794- a,@-1- ~ 3% 4/16/2025 4,263 4.476 4,700 4,935 5,182 5,441
3% 7/1/2025 4,391 4,611 4,842 5,084 5,338 5,605
3% 7/1/2026 4,523 4,749 4,986 5,235 5.497 5,772
3% 7/1/2027 4,659 4,892 5,137 5,394 5,664 5,947
Utilities Maintenance I * * ~ ~ 4,094 ~ ~ 4,-740
3% 4/16/2025 3,824 4,015 4,216 4,427 4,648 4,880
3% 7/1/2025 3,939 4,136 4,343 4,560 4,788 5,027
3% 7/1/2026 4,057 4,260 4.473 4,697 4,932 5,179
3% 7/1/2027 4,179 4,388 4,607 4,837 5,079 5,333
Maintenance (17)
Maintenance Worker Ill * * 4,a42 4;-+e-9 a,QG-7 ~ ~ &;--700 3% 4/16/2025 4,678 4,912 5,158 5,416 5,687 5,971
3% 7/1/2025 4,818 5,059 5,312 5,578 5,857 6,150
3% 7/1/2026 4,963 5,211 5.472 5,746 6,033 6,335
3% 7/1/2027 5,112 5,368 5,636 5,918 6,214 6,525
Maintenance Worker II * * 4,444 ~ 4,aJe ~ &,-OM ~
3% 4/16/2025 4,237 4.449 4,671 4,905 5,150 5,408
3% 7/1/2025 4,364 4,582 4,811 5,052 5,305 5,570
3% 7/1/2026 4.495 4,720 4,956 5,204 5.464 5,737
3% 7/1/2027 4,630 4,862 5,105 5,360 5,628 5,909
Maintenance Worker I * * ~ ~ 4,094 ~ ~ 4,-740
3% 4/16/2025 3,824 4,015 4,216 4.427 4,648 4,880
3% 7/1/2025 3,939 4,136 4,343 4,560 4,788 5,027
3% 7/1/2026 4,057 4,260 4.473 4,697 4,932 5,179
3% 7/1/2027 4,179 4,388 4,607 4,837 5,079 5,333
* Comment: Promotions to skill levels within the Environmental Control Specialist Ill, Utilities Maintenance Ill, Maintenance Worker Ill, Administrative Coordinator, Administrative Assistant, Ad min Clerk job classifications are made by the Public Works Director/City Engineer with concurrence of the City Manager. * Additionally, the Public Works Director/City Engineer with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -- 108
Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor level positions; and 2) Maintenance -- Employees assigned to any one of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications.

SECTION E- PARKS & RECREATION
TOTAL POSITIONS AUTHORIZED (14)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEPS STEP6 Director/Manager (1)
Parks & Recreation Director * 10,294-13, 143 * * * * * * Parks & Recreation Operations Manager * * 7,520 7,896 8,291 8,706 9,141 9,598 Recreation Supervisor ( 1) * 5,914 6,210 6,521 6,847 7,189 7,548 Foreman ( 1) * 5,477 5,750 6,038 6,340 6,657 6,990
Administrative Coordinator (1) * ~ ~ ~ a,4aa ~ e,-700
3% 4/16/2025 5,477 5,751 6,039 6,341 6,658 6,991
3% 7/1/2025 5,641 5,923 6,219 6,530 6,857 7,200
3% 7/1/2026 5,810 6,101 6,406 6,726 7,062 7,415
3% 7/1/2027 5,984 6,283 6,597 6,927 7,273 7,637
Recreation Coordinator I (2) * J,-444 ~ ~ ~ 3,824 ~
3% 4/16/2025 3,238 3,400 3,570 3,749 3,936 4,133
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3,435 3,607 3,787 3,976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516
Maintenance (8)
Maintenance Worker Ill * * 4,a42 4,+e9 ~ ~ ~ &,7-Qe
3% 4/16/2025 4,678 4,912 5,158 5,416 5,687 5,971
3% 7/1/2025 4,818 5,059 5,312 5,578 5,857 6,150
3% 7/1/2026 4,963 5,211 5,472 5,746 6,033 6,335
3% 7/1/2027 5,112 5,368 5,636 5,918 6,214 6,525
Maintenance Worker II * * 4,444 ~ ~ ~ &,-004 ~
3% 4/16/2025 4,237 4,449 4,671 4,905 5,150 5,408
3% 7/1/2025 4,364 4,582 4,811 5,052 5,305 5,570
3% 7/1/2026 4,495 4,720 4,956 5,204 5,464 5,737
3% 7/1/2027 4,630 4,862 5,105 5,360 5,628 5,909
Maintenance Worker I * * ~ ~ 4,-094 ~ 4,M4 4,74-0
3% 4/16/2025 3,824 4,015 4,216 4,427 4,648 4,880
3% 7/1/2025 3,939 4,136 4,343 4,560 4,788 5,027
3% 7/1/2026 4,057 4,260 4,473 4,697 4,932 5,179
3'/4 7/1/2027 4,179 4,388 4,607 4,837 5,079 5,333
* Comment: Promotions to skill levels within the Maintenance Ill job classifications are made by the Parks & Recreation Director with concurrence of the City Manager.
* Additionally, the Parks & Recreation Director with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -- Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor level positions; and 2) Maintenance -- Employees assigned to any one of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications.

SECTION F - FIRE & BUILDING
TOT AL POSITIONS AUTHORIZED (23)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP3 STEP4 STEPS STEP6 Fire Chief (1) 13,132-16,761 * * * * * *
Assistant Fire Chief (1) * 10,815 11,355 11,923 12,519 13,145 13,802 Fire Captain (7) * 7,176 7,535 7,912 8,308 8,723 9,159
Fire Engineer (6) * 6,836 7,041 7,252 7,470 7,694 8,079 Fire Fighter (6) * 5,622 5,903 6,198 6,508 6,833 7,175
109
Administrative Coordinator ( 1) * ~ ~ ~ e;-4-M ~ ~
3% 4116/2025 5,477 5,751 6,039 6,341 6,658 6,991
3% 7/1/2025 5,641 5,923 6,219 6,530 6,857 7,200
3% 7/1/2026 5,810 6,101 6,406 6,726 7,062 7,415
3% 7/1/2027 5,984 6,283 6,597 6,927 7,273 7,637
Admin Clerk (1)
Admin Clerk II * * 3,-747 ~ ~ ~ 4,555 ~
3% 4/16/2025 3,859 4,052 4,255 4.468 4,691 4,926
3% 7/1/2025 3,975 4.174 4,383 4,602 4,832 5,074
3% 7/1/2026 4,094 4,299 4,514 4,740 4,977 5,226
3'.4 7/1/2027 4,217 4,428 4,649 4,881 5,125 5,381
Admin Clerk I * * ~ ~ ~ ~ ~ ~
3% 4/16/2025 3,238 3,400 3,570 3,749 3,936 4,133
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3,435 3,607 3,787 3,976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516
* GemmeRt: PFemetieRs te skill le1,els witRiR tlcle AElmiR GleFk jee slassifisatieRs aFe maEle ey tlcle J;:iFe Grtief witlcl G9RG~FF9RG9 ef tlcle Gity MaRa§9F.

SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (83)
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP 3 STEP4 STEPS STEP6 Police Chief (1) 14,339-18,304 * * * * * *
Police Commander (2) * 11,447 12,020 12,621 13,252 13,915 14,611 Police Sergeant (8) * 9,438 9,910 10,406 10,926 11,472 11,759 Police Services Manager (1) * 8,260 8,673 9,107 9,562 10,040 10,542 Dispatch Supervisor (1) * 6,391 6,711 7,047 7,399 7,769 8,157 Code Enforcement Officer (6) * 4,949 5,197 5,457 5,730 6,017 6,318 Public Safety Dispatcher ( 11) * 4,779 5,018 5,269 5,532 5,809 6,099 Crime Analyst ( 1) * 4,626 4,857 5,100 5,355 5,623 5,904 Property Evidence Technician (1) * 4,027 4,228 4,439 4,661 4,894 5,139 Community Services Officer (8) * 3,509 3,684 3,868 4,061 4,264 4,477 Animal Shelter Attendant (2) * 3,510 3,685 3,869 4,062 4,265 4,478 Police Officer (37) * 6,911 7,257 7,620 8,001 8,401 8,821 Police Trainee * * 3,753 3,941 4,138 4,345 4,562 4,790
Admin Clerk (4)
Admin Clerk II * * 3,-747 ~ ~ ~ 4,555 ~
3•,<, 4116/2025 3,859 4,052 4,255 4,468 4,691 4,926
3% 7/1/2025 3,975 4,174 4,383 4,602 4,832 5,074
3% 7/1/2026 4,094 4,299 4,514 4,740 4,977 5,226
3% 7/1/2027 4,217 4,428 4,649 4,881 5,125 5,381
Admin Clerk I * * ~ ~ ~ ~ ~ ~
3% 4116/2025 3,238 3,400 3,570 3,749 3,936 4,133
3% 7/1/2025 3,335 3,502 3,677 3,861 4,054 4,257
3% 7/1/2026 3.435 3,607 3,787 3,976 4,175 4,384
3% 7/1/2027 3,538 3,715 3,901 4,096 4,301 4,516 1 The Police Trainee position may be filled in lieu of Police Officer positions. The total number of Police Officers and Police Trainees shall not exceed the total number authorized for Police Officer. * GemmeRt: PFemetieRs te skill le1,els witlcliR tt:le AElmiR GleFk jee slassifisatieRs aFe maEle ey tl:ie Pelise Glclief witlcl G9RG~FF9RG9 ef tlcle Gity MaRa§eF.
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SEC. 4004 PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS
EMPLOYEE CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP4 STEP 5 STEP6 Public Works De~artment -- Hourly Salary
Maintenance Worker 21.42 22.44 23.46 24.48 25.50 26.52
Admin Clerk 18.14 19.38 20.40 21.42 22.44 23.46
Parks & Recreation De12artment -- Hourly Sala!Y
Maintenance Worker 21.42 22.44 23.46 24.48 25.50 26.52
Recreation Assistant 18.14 19.38 20.40 21.42 22.44 23.46 Public Safe!J'. De12artment -- Hourly Salary
Police Officer 38.42 40.80 42.84 44.88 46.92 48.96
Code Enforcement Officer 27.72 29.58 30.60 32.64 34.68 36.72 Dispatcher 26.76 28.56 29.58 30.60 32.64 34.68
Fire Fighter 22.43 23.46 24.48 25.50 26.52 27.54
Maintenance Worker 21.42 22.44 23.46 24.48 25.50 26.52
Community Services Officer 19.66 20.40 21.42 22.44 23.46 24.48 Admin Clerk 18.14 19.38 20.40 21.42 22.44 23.46
Custodian 18.14 19.38 20.40 21.42 22.44 23.46
Ci!J'. Hall Division -- Hourly Salary
Admin Clerk/Accounting Clerk 18.14 19.38 20.40 21.42 22.44 23.46 Custodian 18.14 19.38 20.40 21.42 22.44 23.46
Elected Officials -- Monthly Salary
Mayor 400.00 monthly
Council Members 300.00 monthly
City Clerk 100.00 monthly
City Treasurer 100.00 monthly
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112
LOsBanos
t ti,
Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Charles Bergson, Public Works Director/City Engin e DATE: April 16, 2025
SUBJECT: Professional Services Agreement Provost & Pritchard Re: Hexavalent Chromium Mitigation Project
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council take the following actions:

1. Adopt Resolution No. _

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING THE

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE

AGREEMENT WITH PROVOST & PRITCHARD CONSUL TING GROUP
FOR PRE-DESIGN ENGINEERING SERVICES RE: HEXAVALENT

CHROMIUM MITIGATION PROJECT AND ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR 2024-2025 AS IT PERTAIN,$

TO EXPENDITURES
Background:

In 2014, the State Water Resources Control Board (SWRCB) adopted a hexavalent chromium (Cr-6) Maximum Contaminant Level at 10 parts per billion (ppb) in drinking water, which was 5 times lower than California's then standard of 50 ppb for total chromium.
113
ITEM 7H
In a 2017 a court case challenged the Cr-6 MCL as invalid based on the SWRCB's failure to consider the economic feasibility of compliance, and sought to require that the SWRCB establish a new MCL for Cr-6 in a manner that is consistent with applicable law, including considering and determining that compliance will be economically feasible. The court ultimately rejected the Cr-6 MCL for lack of appropriate analysis of the financial impacts to public water systems.

In the ensuing years, the SWRCB completed a new financial analysis, and again proposed a 1 O ppb Cr-6 MCL. The new regulation is now in effect and provides public water systems with a limited compliance period to meet the new Cr-6 standard of 10 ppb.

The City of Los Banos (City) drinking water system is currently supplied by thirteen (13) groundwater wells. All thirteen (13) of the City's wells exceed the new California State Water Resources Control Board (SWRCB) drinking water maximum contaminant level (MCL) of 10 ppb for Cr-6. The City investigated the source of the hexavalent chromium and concluded that the hexavalent chromium in the region is naturally occurring (Provost & Pritchard, 2018).

The City must comply with this new 10 ppb directive by October 1, 2026.

Discussion:

Provost & Pritchard has been assisting the City with its response to the Cr(VI) issue since the original MCL was announced in 2013 and has a unique understanding and experience re the issues faced by the City regarding Cr(VI) and compliance with the MCL. Services already provided include preparation of a Corrective Action Plan responding to the original Compliance Order received when the first MCL was enacted; assisting the City with applying for funding assistance; identifying, coordinating, and overseeing four no-cost pilot studies; investigating the likely origin of the Cr(VI) in the water supply; preparing a public frequently asked questions (FAQ) document; and evaluating the feasibility of well replacement as a solution to the problem.

The City now wishes for Provost & Pritchard to complete predesign engineering services including:
1 . Ongoing support of the Los Banos Hexavalent Chromium Working Group,

2. Assistance with funding applications,

3. Assisting with preparation of public relations and regulatory correspondence,

4. Coordinating with treatment system suppliers,

5. Cost estimating,

7. Assisting the City with obtaining California Environmental Quality Act (CEQA) clearance for the project,

8. Conducting topographic surveys of the proposed treatment plant sites, and

9. Other predesign engineering and permitting tasks that may be identified as the project progresses.

The alternatives that will be investigated in the Engineering Report generally include: construction of replacement wells, consolidation with another water system, developing a surface water supply, and treatment of wells using reverse osmosis (RO), weak base anion exchange (WBA), strong base anion exchange (SBA) or reductioncoagulation-filtration (RCF). The scope of the Engineering Report is also intended to satisfy DOW requirements for Technical Package "Attachment T1" as required for a Drinking Water State Revolving Fund (DWSRF) construction funding application.

Fiscal Impact:

Since appropriations for this contract was not previously authorized by City Council as part of the adopted 24/25 Fiscal Year budget, staff is requesting an amendment to increase appropriation for the budgetary expenditure account line item 501-410-100-231 (Water Fund, Professional Services) in the amount of $353,000. This increase will be necessary to cover the costs associated with this professional service agreement.

Reviewed by:
meNa oreno, mance irec or
115
RESOLUTION NO. __

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICE AGREEMENT WITH PROVOST &

PRITCHARD CONSUL TING GROUP FOR PRE-DESIGN
ENGINEERING SERVICES RE: HEXA VALENT CHROMIUM

MITIGATION PROJECT AND ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR 2024-2025 AS IT

PERTAINS TO EXPENDITURES
WHEREAS, Provost & Pritchard Consulting Group has been providing the City with professional services related to the Hexavalent Chromium Mitigation Project exclusively since 2014 pursuant to On Call Professional Services Agreements; WHEREAS, Provost & Pritchard Consulting Group in addition to the above referenced services also has been providing the City with professional services unrelated to the Hexavalent Chromium Mitigation Project pursuant to On Call Professional Services Agreements;
WHEREAS, the parties desire to enter into a stand-alone Professional Services Agreement for pre design engineering services related to the Hexavalent Chromium Mitigation Project separate from the services provided pursuant to the On Call Professional Services Agreements;
WHEREAS, Provost & Pritchard Consulting Group has prepared and submitted a proposal to provide predesign tasks related to the Hexavalent Chromium Mitigation Project;
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2024-2025 budget;
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget;
WHEREAS, the proposed budget increase is $353,000 in expenditures for the Water Fund, Professional Services account (501-410-100-231 ); WHEREAS, the proposed Professional Service Agreement has been reviewed and approved by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:
1 116
1 . It is hereby determined by the City Council that compliance with the RFP procedure for professional services with a value of $30,000.00 or more is not in the best interests of the City in this particular instance in that Provost & Pritchard has been providing services related to the Hexavalent Chromium Mitigation Project to the City since 2014 pursuant to On Call Professional Services Agreements.

2. That the proposal of Provost & Pritchard dated April 10, 2025 for predesign engineering services related to the Hexavalent Chromium Mitigation Project, is hereby accepted.

3. The City Manager is hereby authorized and directed to execute a standalone professional services agreement re: to provide predesign tasks related to the Hexavalent Chromium Mitigation Project in the form presented herewith for and on behalf of the City.

4. That the City Council of the City of Los Banos hereby amends the 2024- 2025 Fiscal Year Budget to include an increase of $353,000 to expenditures account 501-410-100-231.

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 16th day of April 2025, by Council Member ____ __ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 117

PROFESSIONAL SERVICES AGREEMENT

PREDESIGN ENGINEERING SERVICES
RE: HEXA VALENT CHROMIUM MITIGATION PROJECT
[Provost & Pritchard Consulting Group]
THIS AGREEMENT is made and entered into this _ _ day of _ __ 2025, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Provost & Pritchard Consulting Group (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 3 7103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.

2. Scope of Services. Consultant shall diligently perform all the services described in the Proposal dated April 10, 2025 attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.

WA V 04.08.2025 1
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2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s10n. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.
3 .1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit A attached hereto and made a part of this Agreement (the "Fee Schedule").

Consultant's compensation shall in no case exceed $353,000.00.

4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of Charges set forth in the Proposal attached hereto as Exhibit A and incorporated herein by reference.

4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would WA V 04.08.2025 2
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be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit A and on the terms set forth in this Article 4.

5. Contract Administration. The Public Works Director shall have the authority to act for City under this Agreement. The Public works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel acceptable to the City), indemnify and hold the City, its officials, officers, employees, authorized volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident relating to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

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B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A ( or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 , or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. Consultant may fulfill this limit through a combination of primary and excess insurance.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.

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E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the msunng company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 3 8 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical WA V 04.08.2025 5
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condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) 1s an independent obligation from the City's obligation to make payments to the Consultant.

11.1 . Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.

11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.4. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

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12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City.

Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

13. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work WA V 04.08.2025 7
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performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

15.2. Consultant represents that to the best of its knowledge an, information and belief, neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration: Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severabilit)•. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or WA V 04.08.2025 8
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condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Gary Brizzee
City Manager
520 J Street
Los Banos, CA 93635
With courtesy copy to:

Charles Bergson, P .E.

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

Kevin Berryhill
Principal Engineer
Provost & Pritchard Consulting Group
455 W Fir Ave,
Clovis, CA 93611
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant.

In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.

Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

25. Corrections. In addition to the above indemnification obligations, the Consultant WAV04.08.2025 9
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shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

26. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: _ _ _ _ _ __, 2025
Date: _____ __, 2025
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WA V 04.08.2025 11

PROVOST & PRITCHARD
by:

CITY OF LOS BANOS, a California
municipal corporation
by:
128
WAV 04.08.2025

EXHIBIT A
Proposal dated April 10, 2025
12 129
April 10, 2025
Charles Bergson

PROVOST & PRITCHARD

CONSULTING GROUP
455 W Fir Ave, Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
Public Works Director/ City Engineer
City of Los Banos
520 J Street
Los Banos, CA 93635
Subject:

Dear Chuck:

Predesign Engineering Services for City of Los Banos Hexavalent Chromium Mitigation Project.

Thank you for the opportunity to submit this proposal to provide engineering services for the subject project.

This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.

PROJECT UNDERSTANDING
The City of Los Banos operates a community water system regulated by the California State Water Resources Control Board Division of Drinking Water (DOW). DOW recently enacted a California drinking water maximum contaminant level (MCL) for hexavalent chromium (Cr(VI)) of 10 µg/L. The City's water system is supplied by thirteen (13) groundwater wells. All 13 of the wells produce water with Cr(VI) levels regularly exceeding the proposed MCL.

Provost & Pritchard has been assisting the City with its response to the Cr(VI) issue since the original MCL was announced in 2013. Services already provided include preparation of a Corrective Action Plan responding to the original Compliance Order received when the first MCL was enacted; assisting the City with applying for funding assistance; identifying, coordinating, and overseeing four no-cost pilot studies; investigating the likely origin of the Cr(VI) in the water supply; preparing a public frequently asked questions (FAQ) document; and evaluating the feasibility of well replacement as a solution to the problem.

The City now wishes for Provost & Pritchard to complete predesign engineering services including:

1. Ongoing support of the Los Banos Hexavalent Chromium Working Group,

2. Assistance with funding applications,

3. Assisting with preparation of public relations and regulatory correspondence,

4. Coordinating with treatment system suppliers,

5. Cost estimating,

6. Preparation of an Engineering Report evaluating the City's alternatives for addressing the Cr(VI) issue and recommending the scope of a project to bring the City into compliance with the new standard, https://us-pa rtner-integrations.egnyte .com/msoffice/wopi/files/69d7 e801-8ae8-4ca8-8cle9e2643b47bl 7 /WOPIService Id_ TP _EGNYTE_PLUS/WOPIUserld_S0.ppeng.egnyte.com/Los Banos Cr6 Predesign Services Proposal.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID 130
City of Los Banos
Proposal for Cr6 Predesign SeNices
Job No. : 3501-24-006
April 10, 2025

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7. Assisting the City with obtaining California Environmental Quality Act (CEQA) clearance for the project,

8. Conducting topographic surveys of the proposed treatment plant sites, and

9. Other predesign engineering and permitting tasks that may be identified as the project progresses.

The scope of work and level of effort for items 1 through S above has been, and is expected to be, difficult to predict. Provost & Pritchard recommends that these general support tasks be handled as a separate time and materials phase with an initial budget of $50,000.

The alternatives that will be investigated in the Engineering Report generally include: construction of replacement wells, consolidation with another water system, developing a surface water supply, and treatment of wells using reverse osmosis (RO), weak base anion exchange (WBA), strong base anion exchange (SBA) or reduction-coagulation-filtration (RCF). The scope of the Engineering Report is also intended to satisfy DOW requirements for Technical Package "Attachment Tl" as required for a Drinking Water State Revolving Fund (DWSRF) construction funding application.

It is anticipated that enough information is currently available to evaluate all the alternatives listed above, except for treatment of the wells using the RCF process. To compare well treatment alternatives, a pilot study needs to be performed to develop design criteria and operating parameters for the RCF treatment process. It has been assumed that two 1-week long pilot tests will be performed sequentially. Preliminarily, Wells 11 and 14 have been identified to bracket the range of geochemistry across the City's wells. We assume that the City will contract directly with a vendor to supply the pilot study trailer and to operate the unit and that the City will contract directly with a laboratory to analyze confirmation water quality samples.

Provost & Prichard will prepare the pilot study protocol, provide field observation and on-site support and, following completion of the study, will prepare a report summarizing the pilot study findings.

Once the Engineering Report is completed and DOW has reviewed and approved the City's approach, it should be possible to complete the CEQA process for the project. CEQA must be completed before any DOW construction funding application can be considered complete. We have provided scope and fee for two alternative CEQA paths. While we believe that water treatment facilities at existing well sites could be considered exempt from CEQA, the City may choose to prepare an Initial Study/Mitigated Negative Declaration.

A topographic survey will need to be completed for all of the treatment sites prior to, or as one of the earliest phases of the design process. Our scope of services and fee assumes that treatment will be constructed on the existing well properties. Should off-site treatment be required, additional budget may be required.

SCOPE OF SERVICES
Our proposed scope of work for this proposal is segregated into multiple phases, described below.

SUP: {PROJET SUPPORT)
Included in this phase are

1. Ongoing support of the Los Banos Hexavalent Chromium Working Group,

2. Assistance with funding applications,

3. Assistance with preparation of public relations and regulatory correspondence,

4. Meeting with City staff, regulators, and other interested parties, https:/ /us-pa rtner-integrations.egnyte.com/msoffice/wopi/files/69d7 e801-8ae8-4ca8-8cle9e2643b47bl 7 /WOPISeNiceld _ TP _EGNYTE_PLUS/WOPIUserld_SO.ppeng.egnyte.com/Los Banos Cr6 Predesign SeNices Proposal.docx 131
City of Los Banos
Proposal for Cr6 ?redesign Services
Job No.: 3501-24--006

5. Coordinating with treatment system suppliers,

6. Cost estimating,
April 10, 2025

Page 3 of 6 ends

7. Additional predesign services requested by the City as the Hexavalent Chromium Mitigation Project proceeds.

ER: (ENGINEERING REPORT)
Included in this phase are project management tasks including project setup, billing, and participation of three in-person project status meetings held in Los Banos.

Provost & Pritchard will prepare an Engineering Report containing the mandatory elements required by DDW for use as Attachment Tl to a DWSRF construction funding application (refer to Attachment 1 to this proposal).

Additionally, the Engineering Report will include the following sections not explicitly listed in the mandatory DWSRF report requirements:

1. Discussion of the source of the Cr(Vl) in the City's water supply,

2. Discussion of the implications of mitigation alternatives on the City's Sustainable Groundwater Management Act (SGMA) Groundwater Sustainability Plan (GSP),

3. Analysis of the feasibility of centrally treating groups of wells,

4. High-level evaluation of potential regulations and operational impacts of discharging RCF backwash water into the City's sanitary sewer system,
Draft and final versions of the report will be submitted. Provost & Pritchard will participate in an in-person review meeting in Los Banos to discuss the City's comments following submittal of the draft report and will incorporate comments prior to finalizing the report.

Assumptions:

1. The discussion of the source of the Cr{VI) will be based on Provost & Pritchard's December 2018 Evaluation of Probable Source of Cr6 in Los Banos Groundwater Memorandum.

2. The well replacement alternative will be addressed based on the analysis contained in Provost & Prichard's November 2016 Well Replacement Alternative Evaluation.

3. Cost and performance assumptions for the SBA treatment alternative will be based on the 2014/2015 lonex SBA pilot program.

4. The surface water alternative will be described at a high level. It is assumed that this alternative will not be the selected alternative due to the higher cost and longer implementation timeline compared to the well treatment alternatives.

PHASE PS: (PILOT STUDY)
Provost & Pritchard will prepare a Pilot Study Protocol, oversee pilot testing of the RCF treatment process at two City wells, preliminarily identified as Wells 11 and 14, and will prepare a Pilot Study Results Report summarizing the findings.

The Pilot Study Protocol will include:

1. Confirmation of the wells that will be included in the study

2. Description the objectives of the pilot study

3. Outline the process variables and conditions to be evaluated in the study https ://us-pa rtner-i ntegrations.egnyte .com/msoffice/wopi/files/69d7e801-8ae8-4ca8-8cle9e2643b47b17 /WOP1Serviceld _ TP _EGNYTE_PLUS/WOP1Userld_80.ppeng.egnyte.com/Los Banos Cr6 Predesign Services Proposal.docx 132
City of Los Banos
Proposal for Cr6 Predesign Services
Job No.: 3501-24-006
April 10, 2025

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4. Include a sampling matrix and description of the field and laboratory analytical methods to be used

5. Include a plan for setup of the pilot equipment at the wells

6. Include assistance with selecting a pilot study vendor During the study, it is anticipated that a Provost & Pritchard engineer or technician will be on-site daily to validate operating conditions, provide direction to the vendor if changes in the protocol are necessary and, if requested by the City, collect grab samples for analysis at a laboratory located in Fresno.

Assumptions:

1. The City will contract separately with a treatment system vendor to lease the pilot trailer/equipment and to operate the pilot equipment. Provost & Pritchard engineers and technicians will provide oversight of the study.

2. The City will select a pilot study vendor based on experience and the suitability of their full-scale systems to meet the City's needs. No RFP will be required to select a vendor.

3. The City will contract separately with a laboratory to analyze water quality samples collected by Provost & Pritchard engineers and technicians or by city staff PHASE ENV: (ENVIRONMENTAL/CEQA PERMITTING)
Provost & Pritchard will complete documents compliant with CEQA. While water treatment facilities at existing well sites could be considered exempt from CEQA the City may choose to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) therefore we have proposed costs to cover both options.

ALTERNATIVE 1: NOTICE OF EXEMPTION
Work under this alternative would include:
• Preparation of a Notice of Exemption (NOE) per CEQA requirements. • Assuming a Class 3 Categorical Exemption.
• File NOE at Merced County Clerk's Office. (includes filing fee) • File at the State Clearinghouse (SCH) with Lead agency authorization.

ALTERNATIVE 2: INITIAL STUDY /MITIGATED NEGATIVE DECL.

Work under this alternative would include:
• Prepare the Administrative Draft IS/MND pursuant to the CEQA Guidelines Appendix G Environmental Checklist including desktop studies and exhibits. • Upon receipt of one (1) set of consolidated City review comments; finalize the documents and provide electronic copies.
• Publish the Notice of Intent (NOi) and distribute the Notice of Completion (NOC) and the Draft IS/MND to the State SCH and other interested agencies and individuals. • Prepare a draft Notice of Determination (NOD) for review and comment by City staff and file the NOD within five working days of the agency's decision to approve. (Our scope does not include the 2025 California Department of Fish and Wildlife (CDFW) CEQA Filing fee of $3,025.75).
• Biological Evaluation - In House
o Review of relevant background information.
o Perform a reconnaissance-level field survey of the Project area. https :/ /us-pa rtner-integrations.egnyte .com/msoffice/wopi/files/69d7e801-8ae8-4ca8-8cle9e2643b47bl 7 /WOPIServicel d _ TP _EGNYTE_PLUS/WOPIUserld_80.ppeng.egnyte.com/Los Banos Cr6 Predesign Services Proposal.docx 133
City of Los Ba nos
Proposal for Cr6 Predesign Services
Job No.: 3501-24-006
April 10, 2025

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o Prepare a Biological Evaluation evaluating potential project impacts to State and federally listed or special status species, habitats, and other sensitive biological resources.
• Cultural Study and Pedestrian Survey performed by EC0RP (will be necessary for State or Federal funding).
o Records/Title Search - EC0RP will request the confidential results of an existing records search of maps and files from the CCAIC in order to identify previously recorded sites and previous cultural resource studies documented within a half-mile radius of the project site. ASM will also send notification letters to tribal contacts listed on an existing Sacred Lands file search conducted by the NAHC. ECO RP would not participate in consultation and assumes this will be conducted by the lead agency.
o Field Survey- Conduct an intensive pedestrian field survey of the project area, consisting of thirteen well sites totaling approximately six acres. o Technical Report/Memo Preparation - Prepare a report including a historic overview, methodology, survey findings, identification of known historical resources, recommended mitigation, and/or provide recommendations for any further work required for compliance.

IS/MND Deliverables:
• Administrative Draft 15/MND, Biological Evaluation, Cultural Memo or Report • Draft 15/MND, NOi, NOC, NOD
• Final 15/MND
PHASE SRV: (SURVEYING)
Provost and Pritchard will
• Conduct a topographic survey of 11 city well sites, being wells well 14, well 6, well 9, well 13, well 5, well 11, well 12, well 7, well 10, well 15, and wells 1,2,and 3 located at one site. Each survey will include all visible surface features, overhead utilities and any evidence of underground utilities.
• Collect aerial data to provide 1 high resolution image of each site. • Resolve/ establish the rights of way adjacent to each site and the boundary of each city well site.

PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services in these phases on a time and materials basis, in accordance with our Standard Fee Schedule in effect on the project at the time services are rendered. These fees will be invoiced monthly.as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate of $353,000 without additional authorization.

PROPOSED FEE - HEXAVALENT

CHROMIUM MITIGATION - PREDESIGN

SERVICES

PHASE ESTIMATED FEE
Phase SUP $50,000
Phase ER $105,000
Phase PS $53,000
https ://us-partner-i ntegrations.egnyte .com/msoffice/wopi/fi les/69d7e801-8ae8-4ca8-8cle9e2643b47bl 7 /WOPIServiceld_TP _EGNYTE_PLUS/WOP1Userld_80.ppeng.egnyte.com/Los Banos Cr6 Predesign Services Proposal.docx 134
City of Los Banos
Proposal for Cr6 ?redesign Services
Job No.: 3501-24-006
Phase ENV (IS/MND)* $70,000
Phase SRV $75,000
Total Estimated Fee: $353,000
* The cost of a Notice of Exemption would be
approximately $2,000.

April 10, 2025

Page 6 of 6 ends

The line items shown above are estimates and are not intended to limit billings for any given Task. Required task effort may vary up or down from the line-item estimates shown, however total billings for the Project will not exceed the Total shown without additional authorization. If the scope changes materially from that described above or if services are added or removed from the Project, we will prepare a revised estimate of our fees for your approval before we proceed.

SCHEDULE
Once we receive an executed Professional Services Agreement and are authorized to proceed, we can prepare the Pilot Study Protocol within approximately 4 weeks. Once the Pilot Study Protocol is submitted, we anticipate proceeding with work on the Engineering Report, however, we will not be able to complete the alternatives evaluation and final sections of the Engineering Report until the pilot study is complete.

ADDITIONAL SERVICES
The following services are not included in this proposal, however, these and others can be provided at additional cost, upon request.
• Preparation and administration of an RFP for pilot study vendors • Collection of water quality grab samples and payment of laboratory fees except as specifically identified herein
• Geotechnical investigations
• Bench-scale and pilot studies other than those specifically described herein • Hydraulic modeling
• Applying for and paying for permits required for the project • Preparation of construction bid documents (i.e. plans and specifications) • Construction phase services such as: construction review, construction staking, construction management services, and as-built survey.

Respectfully,
Provost & Pritchard Consulting Group
j&..;.-Js,w
Kevin Berryhill, RCE 70415
Project Manager
Keith Mortensen, RCE 75865
Director of Operations
Date 4/10/2025
https ://us-pa rtner-i ntegrations.egnyte.com/msoffice/wopi/files/69d7e801-8ae8-4ca 8-8cle9e2643b47bl7 /WOPIServiceld _ TP _EGNYTE_pLUS/WOPIUserld_80.ppeng.egnyte.com/Los Banos Cr6 ?redesign Services Proposal.docx 135

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City of Los Banos
t t 1 • , , oa l < / ( ,,1 i (o II w
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Gary Brizzee, Interim City Manager °'--z,~.i::i:

DATE: April 16, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: CalTrans Presentation
There will be a presentation by Caltrans District 10, personnel regarding upcoming improvements along Pacheco Blvd and State Route 152 and Mercey Springs Road, in the Los Banos area.

This is an informational item only, no action to be taken.

GB/Im
137
ITEM 8

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138
LOsBanos
TO:

FROM:

DATE:
\ ( , o ,oad , f al
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC
City Clerk/Human Resources Director
April 16, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: City of Los Banos District 1 Special Election
IW
There will be a presentation regarding the upcoming City of Los Banos Special Election scheduled for Tuesday, August 26, 2025, to fill the vacant Council Member seat in District 1.

This is an informational item only, no action to be taken.

Reviewed by:

Ga~ City Manager
Attachment
Election Calendar in Brief
139
ITEM 9
!
MEfiCED~
Melvin E. Levey
Registrar of Voters
2222 "M" Street
Merced, CA 95340
Main: (209) 385-7541
Fax: (209) 385-7387 COUNTY www.MercedElections.org
Equal Opportunity Employer
May 5, 2025-
Mav 30, 2025
May 7 - May 8, 2025;
May 28 - May 29, 2025
June 5, 2025
June 19, 2025
June 30, 2025 -
Auaust 12, 2025
July 17, 2025
July 17, 2025
July 31, 2025
August14, 2O25
Within 24 Hours
February 2, 2026
August 11, 2025
August 12, 2025 -
Auaust26,2O25
August26, 2O25
June 27, 2025 -
Julv 12, 2025
July 28, 2025
August 21, 2025
July 28, 2025 -
Auaust26,2O25
August 26, 2025 -
Seotember 2, 2025
July 17, 2025-
Auaust5, 2O25
August27,2O25
September 25, 2025
City of Los Banos District 1 Special Election
August 26, 2025
Election Calendar in Brief
Candidate Filing
Candidate Filing Nomination Period Ec § 10220, 10224. 10401, 10510 Candidate filing services begin in-person at City of Los Banos 520 J Street, Los Banos, CA 93635 (Merced County Voting Trailer) with hours from 8:00 am - 5:00 pm.

Random Alphabet Drawing EC §13112
Certified List of Local Candidates from Merced County Elections Office Write-in Candidate Filing Nomination Period - All Candidates Ec § 8600. 8601 Campaign Disclosure Filing - Candidates and Controlled Committees Last day - pt Pre-Election and Semi-Annual Statement (if combining first pre-election and semi-annual) GC § 84200, 84200.5, 84218
Last day - 1st Pre-Election Statement - period of 7/1/2025 to 7/12/2025 (if filing separately) Gc § a4200.5, 8420o.8 Last day - Semi-Annual Statement (if filing separately) Ge§ 84200, 84218 Last day - 2nd Pre-Election Statement - period of 7/13/2025 to 8/9/2025 Gc § 84200.5, 84200.8 Late Contributions & Independent Expenditures Reports - period of 5/28/2025 to 8/26/2025 Gc § 85soo. 85so1 Last day- Semi-Annual Statement- period of 8/10/2025 to 12/31/2025 Gc § 84200, 84218 General Information
15-Day Close of Registration (postmarked is acceptable) EC§ 2102. 2115, 2116, 2152 Conditional Voter Registration EC§ 2150, 2111
Election Day EC §4005
Vote by Mail Ballots
Vote by Mail ballots issued for Military and Overseas voters only EC§ 3oo(b), 3102, 3103 Mailing of Vote by Mail ballots begins EC§ 3001. 3003
Last day to request a Vote by Mail ballot by mail Ee§ 3001 A Vote by Mail ballot request can be submitted over the counter at Elections Office EC§ 3003 A Vote by Mail ballot must be postmarked by August 26th and received by September 2nd at 5:00 pm EC§ 3017. 3020
Voter Information Guides
County Voter Information Guide will be included in the Vote by Mail ballot packet. EC§ 13300, 13303, 14282 Canvass
Official Canvass Period Begins EC§ 335.5, 15301, 15302. 15360 Last day to Certify Results - Official Canvass Period Ends EC§ 15372, 15400 140
TO:

FROM:

DATE:

LOsBanos
t 1,1 ,. ,ul oJ al,Jm 111<1
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ April 16, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: 2025 Development Impact Fee Annual Adjustment
Recommendation:

That the City Council consider the following:

1. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment;

2. Find that the proposed impact fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and

3. Adopt a resolution approving a 0.1 % increase to development impact fees to reflect construction cost changes in 2025, to become effective on July 1st.

Background:

On January 15, 2020, the Los Banos City Council approved the Development Impact Fee Justification Study to reflect the development horizons of the General Plan and Police Station Needs Assessment. Development impact fees are established in conformance with the requirements of the Mitigation Fee Act (California Government Code Sections 66000, et seq.), which was enacted by the State of California in 1987, by identifying 1 141
ITEM 10A
additional public facilities required by new development ("Future Facilities") and determining the level offees that may be imposed to pay the costs of the Future Facilities.

In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but fund costs used to maintain the existing level of service ("LOS") or meet an adopted level of service that is consistent with the general plan.

The development impact fees do not pay for operation and maintenance of capital facilities, or city staffing costs. Development Impact Fees are segregated from the General Fund and from other City budget funds or accounts containing fees collected for other purposes in accordance with accounting standards.

Discussion:

Pursuant to Los Banos City Council Resolution No. 6163, the amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's - Construction Cost Index (ENR-CCI) as reported for the twelve-month period ending in April of each year. The adjustment based on the change in the ENR-CCI ending in April 2025 is a 0.1 % increase. This increase would be applied to all development impact fees and will go into effect on July pt after approval.

Below is a comparison chart per unit (residential)/ 1,000 square feet (non-residential).

Current Fee Pro osed Fee
Single Family $33,323.74 $33,357.06
Multi-family $26,485.16 $26,511.64
Age Restricted $18,035.87 $18,053.91
Retail $20,665.52 $20,686.18
Office $11,054.32 $11,065.37
Institutional $6,677.79 $6,684.46
Industrial $4,519.18 $4,523.70
Environmental Review:

The proposed mitigation fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which is the general rule that CEQA applies only to projects with the potential for causing direct or indirect significant environmental effects.

Fiscal Impact:

The proposed adjustment of 0.1 % to the development impact fees would ensure that new development is adequately funding its share of the costs of new public facilities as the 2 142
costs to construct these projects increase over time. The annual adjustment to the impact fees provides for fees that better reflect construction costs increases to ensure the City does not subsidize new development's share of these facilities and that adequate funding is available when the City is ready to construct these projects.

Public Notice:

A public hearing notice was published in the Westside Express on April 2, 2025.

Additionally, local developers and the Building Industry Association of the Greater Valley (BIA) were directly mailed public notices on March 28, 2025.

Reviewed by:
&'
Gary Briz~ erim City Manager M-mmcl~ ~ eno, inance Irec t or Attachments:

1. Resolution
Exhibit A - Proposed 2025 Adjusted Development Impact Fees

2. Construction Cost Index Chart

3. Public Hearing Notice -April 2, 2025
3 143
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN

INCREASE IN DEVELOPMENT IMPACT FEES TO

REFLECT INCREASES IN THE ENGINEERING

NEWS RECORD CONSTRUCTION COST INDEX
FOR 2025
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 6163, approving a development impact fee justification study to be collected from new development projects as authorized by Article XI, Section 7 of the California Constitution, the Mitigation Fee Act (Gov. Code§ 66000, et seq.,); and Los Banos Municipal Code; and
WHEREAS, City Council Resolution No. 6163 establishes the process for the annual adjustment of development impact fees based on the change in the Engineering News Record's Construction Cost Index as reported for the twelve-month period ending in April of each year; and
WHEREAS, the Engineering News Record's Construction Cost Index for the San Francisco area indicates that construction costs increased 0.1 percent for the twelvemonth period ending in April 2025; and WHEREAS, the City of Los Banos complied with the notice requirements of the California Government Code Sections 66016 and 66018; and WHEREAS, the City Council held and conducted a public hearing on April 16, 2025, in accordance with applicable public notice, to review and consider the increase in development impact fees, and the updated Development Impact Fee Schedule; and WHEREAS; the City Council now wishes to adjust the fees in accordance with the increase in the Engineering News Record Construction Cost Index for the San Francisco area and adopt the fees at the revised rates set forth in Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby resolves as follows:

SECTION 1. In light of the increases in the Engineering News Record's Construction Cost Index for the twelve-month period ending in April 2025, the City Council approves an adjustment to increase development impact fees by 0.1 percent and adopts the increased development impact fees as shown on Exhibit A 144
SECTION 2. The increased development impact fees as set forth in Exhibit A and adopted Resolution shall become effective on July 1, 2025.

SECTION 3. This Resolution adjusts only the amount of development impact fees to be collected from new development and does not modify any other provisions of Resolution No. 6163, which shall remain in full force and effect.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of April 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 145
Exhibit A
City of Los Banos
2025 Adjusted Development Impact Fees
Development Impact Fees per Unit (Residential)/1,000 Square Feet (Non-Residential) Police
Parks & Storm
Traffic General Admin Fire Water Sewer Total Fees Rec. Drain Govt. (3%) Single Family $ 1,522.00 $ 2,848.03 $ 8,502.90 $ 7,642.70 $ 5,864.19 $ 3,578.77 $ 1,577.66 $ 849.32 $ 971.51 $ 33,357.06 Multi-family $ 1,217.12 $ 2,278.14 $ 6,801.84 $ 6,114.64 $ 4,691.85 $ 2,863.74 $ 1,092.49 $ 679.94 $ 771.89 $26,511.64 Age Restricted $ 823.92 $ 1,541.36 $ 4,602.31 $ 4,136.84 $ 3,174.68 $ 1,937.00 $ 851.75 $ 459.75 $ 526.30 $18,053.91 Retail $ 867.47 $ 1,622.42 $ - $ 4,354.28 $ 3,341.63 $ 2,039.82 $ 7,858.05 $ - $ 602.51 $ 20,686.18 Office 1$ 650.90 $ 1,217.12 $ - $ 3,266.63 $ 2,505.61 $ 1,529.26 $ 1,574.03 $ - $ 321.82 $11,065.37 Institutional I $ 325.46 $ 608.55 $ - $ 1,633.30 $ 1,253.41 $ 764.62 $ 1,904.32 $ - $ 194.79 $ 6,684.46 Industrial 1$ 216.56 $ 405.31 $ - $ 1,088.89 $ 834.80 $ 509.36 $ 1,336.91 $ - $ 131.87 $ 4,523.70 146
Engineering News-Record
City Cost Index - San Francisco - As of April 2025
nolaao
The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20-city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.

To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month.
http://www.enr.com/economics/current costs
Go back to view all City Indexes.

Year
Month
BCI
%CHG
CCI
%CHG
ENR COST INDEXES IN SAN FRANCISCO (1978-2024)
2025
April
10791.91
+25.9
15263.98
+0.1
147

CITY OF LOS BANOS

NOTICE OF PUBLIC HEARING

PUBLIC FACILITY IMPACT FEE PROGRAM

AND DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment regarding the annual adjustment to the Los Banos Development Impact Fee Schedule based on the Engineering News Record Construction Cost Index.

The Public Hearing will be held at the regular meeting of the Los Banos City Council on Wednesday, April 16, 2025 at 6:00 p.m. in the Council Chambers at Los Banos City Hall located at 520 J Street, or as near as possible thereafter, at which time and place interested persons may appear and be heard thereon. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, 520 J Street or at (209) 827-7000.

The data supporting the proposed adjustment to City's Development Impact Fees will be available for review ten (10) days prior to the public hearing at the Community and Economic Development Department located at 520 J Street, Los Banos California or by email request to [email protected].

All interested persons will be given an opportunity to comment on this item at the Public Hearing. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director. Please reference hearing title and date of hearing in any correspondence. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. Please note that if you challenge the City's final decision on the above matter in court, you may be limited to raising only those factual and legal issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In light of the foregoing, all interested members of the public are encouraged to voice their concerns regarding all above matter either in person at the hearing or in writing through correspondence addressed to the City Council and submitted to the City Council at or prior to the date of the above hearing.

It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.

THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
148
LOsBanos
\t 1l1 • , , "' ul o al1/ """'
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Director c:[::€;_ April 16, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: Conditional Use Permit #2025-01 to Allow for the On-Sale of Alcohol (Type 41 ABC License) at Playa Sol Waffle Cafe
Recommendation:

Staff recommends that the City Council adopt a Resolution finding the proposed project to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, and approve Conditional Use Permit #2025-01 to allow for the on-sale of beer and wine (Type 41 ABC License) at Playa Sol Waffle Cafe located at 1450 Mercey Springs Rd., Suite 102.

Background:

Playa Sol Waffle Cafe is a new full-service restaurant located at 1450 Mercey Springs Rd., Suite 102. The cafe restaurant will serve a variety of specialty drinks such as smoothies, natural juices, coffees, and boba teas. In addition, the business will also serve a variety of breakfast and dessert items such as crepes and waffles. The business seeks to enhance its dining experience by offering beer and wine to its patrons. The Type 41 ABC License allows the on-sale of beer and wine for consumption on the premises in conjunction with a bona fide eating establishment. The proposed hours of operation are from 8 a.m. to 12 a.m. Monday through Sunday.

On March 12, 2025, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2025-01 for the use of a Type 41 alcohol license for the on-sale 1 149
ITEM 10B
of beer and wine in conjunction with an eating establishment. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2025-01 to the Los Banos City Council.

Discussion:

The project site is located at 1450 Mercey Springs Rd., Suite 102 and is zoned Highway Commercial (H-C). The surrounding area consists of commercial establishments to the north, south, and west, and vacant land to the east. The subject site is located within the Savemart Center Shopping Center Plaza, indicated by the red star in the following map.

CUP#2025-01 - Playa Sol Waffle Cafe (Type 41 ABC)
2 150
LAND USE:

Property
Project site
North
South
East
West
Land Use
Commercial
Commercial
Commercial
Vacant
Commercial
H-C = Highway Commercial
R-1 = Low Density Residential
ENVIRONMENTAL ASSESSMENT:

Zone
H-C
H-C
H-C
R-1
H-C
General Plan
RC
RC
RC
LOR
RC
RC = Regional Commercial
LOR= Low Density Residential
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The permit involves the licensing of an existing private structure.

USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:

General Use Permit Criteria:

1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.

Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
3 151

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along an important pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:

1. The primary use will be a cafe restaurant (dine-in).

2. The addition of beer and wine sales at this location is not expected to have a significant impact on the surrounding uses. A restaurant with the on-sale of beer and wine in this location is consistent with the commercial uses of the HighwayCommercial Zoning District.

3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine at this location.

4. The approval of the sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.

Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.

5. The proposed use is located within the same commercial plaza as the Savemart Shopping Center Plaza and is a significant distance from schools and places of worship. Conditions of approval have been incorporated into the project to regulate the operational characteristics for the on-site consumption of beer and wine and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have a significant impact to surrounding uses.

6. The project is located within the Savemart Shopping Center which is primarily occupied by commercial uses. Conditions of approval have been incorporated to regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.

7. There are no residential units within the immediate vicinity of the project site. The project site is located in the Highway Commercial (H-C) Zoning District and surrounded by existing commercial uses and will not directly impact residential 4 152
uses. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity.

All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant, Playa Sol Waffle Cafe, will also be subject to the Los Banos Municipal Code Noise Ordinance.

Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.

ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.

Census Tract
The project site is in Census Tract 23.03, which currently has nine (9) active on-sale restaurant licenses. Approval of this Conditional Use Permit would increase the number of licenses in the area.
5 153
License
Type
41 41
41 47
47 47
41 41
41 ~ lg 22.04
~

22.03 23.04
/

23.06 ;® 23.03 (ill) (lg):·
E Pache<:o Blvd
Cop:, de Oro Ave
Business Name
El Michoacano Restaurant
WinQstop
Chipotle Mexican Grill Inc.

Espanas Southwest Bar & Grill
Chillis Grill & Bar
Los Dos Potrillos Bar & Grill
Round Table Pizza #1055
Mountain Mike's Pizza
Little Diamond's Pizza
Address
--! ,.

I
v-'rf7~ - rj •
2160 E. Pacheco Blvd., Ste. A
1989 E. Pacheco Blvd., Ste. K
1420 E. Pacheco Blvd.
1460 E. Pacheco Blvd.
1905 Pacheco Blvd.
1639 E. Pacheco Blvd.
1462 S. Mercev Sprinqs Rd.
2260 E. Pacheco Blvd., Ste. A & B
2160 E. Pacheco Blvd., Ste. K
Type 41 license = on-sale beer and wine Type 47 license = on-sale general alcohol PUBLIC COMMENT:

A public hearing notice was published in the Merced Sun Star on April 4, 2025 and the Westside Express on April 9, 2025. Notices were provided to adjacent property owners within a 300-foot radius of the subject property on April 4, 2025. As of the date of this staff report, no comments have been received.
6 154
Reviewed by:
(5--
Gary Brizz~ e~ rim City Manager
Attachments:
1 . Resolution
Exhibit A: CEQA Findings
Exhibit B: Project Findings
Exhibit C: Conditions of Approval

2. Security Camera Plan

3. Photos

4. Public Hearing Notice
7 155
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING
CONDITIONAL USE PERMIT #2025-01 TO ALLOW

FOR THE ON-SALE OF BEER AND WINE (TYPE
41 ABC LICENSE)AT PLAYA SOL WAFFLE CAFE
LOCATED AT 1450 MERCEY SPRINGS ROAD,
SUITE 102
WHEREAS, Playa Sol Waffle Cafe, located at 1450 Mercey Springs Rd., Suite 102, has submitted an application for a Conditional Use Permit (#2025-01) to allow the on-sale of beer and wine under a Type 41 Alcoholic Beverage Control (ABC) License; and
WHEREAS, the Planning Commission of the City of Los Banos held a duly noticed public hearing on March 12, 2025, at which time it considered all public testimony, staff reports, and other information relating to the request and adopted Resolution No. 2025- 05 recommending approval to the City Council; and
WHEREAS, the City Council of the City of Los Banos held a duly noticed public hearing on April 16, 2025, to consider the Planning Commission's recommendation and all relevant materials, including staff reports and public testimony; and WHEREAS, the project is found to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the permit involves licensing of an existing private structure; and WHEREAS, the requesUproposed use satisfies the criteria of the Los Banos Municipal Code.

BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in .Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:

1. The City Council hereby approves Conditional Use Permit #2025-01 for Playa Sol Waffle Cafe located at 1450 Mercey Springs Rd., Suite 102, to allow the on-sale of beer and wine (Type 41 ABC License) subject to the conditions of approval attached hereto as Exhibit C.
1 156

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2025-01 - PLA YA SOL WAFFLE CAFE Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2025-01 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure at 1450 Mercey Springs Road, Suite 102, APN: 083-130-041 .

2. Conditional Use Permit #2025-01 was adequately noticed on Friday, April 4, 2025, for consideration at a public meeting on Wednesday, April 16, 2025.

3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.

4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
3 157
with the surrounding area and adjacent uses. A cafe restaurant providing for the on-sale of beer and wine is permitted in this location.

Evidence/Analysis: The on-sale of beer and wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

Evidence/Analysis: The proposed use will be conducted in the Highway Commercial Zoning District and will not result in significant operational changes to the existing commercial area. The area's function and character are Highway Commercial, which includes uses that sell alcohol for on-site consumption. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

2. Specific Findings

Evidence/Analysis: The primary use of the business is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently nine (9). This proposal will increase the amount of active on-sale licenses to ten (10). The census tract area and function are primarily commercial in nature, and is entirely consistent with a restaurant and the sale of beer and wine for on-site consumption. The proposed on-sale of beer and wine is complementary to the restaurant use that is compatible with and complementary of existing commercial uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer and wine at this location. 5 158

EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2025-01 -PLAYA

SOL WAFFLE CAFE

1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.

2. Conditional Use Permit #2025-01 is for Maria Guillen Garcia d.b.a. Playa Sol Waffle Cafe located at 1450 Mercey Springs Road, Suite 102, Assessor's Parcel Number:
083-130-041, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced.

The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application.

The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.

3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.

4. The applicant/operator shall obtain and maintain an active Type 41 ABC Alcohol License for the on-sale of beer and wine in conjunction with a bona-fide eating place as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.

5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.

6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building.

7. The Community and Economic Development Director reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises. 7 159

14. Consumption of alcohol shall only be allowed on the premises of the restaurant.

Outdoor patio consumption of alcohol shall only be permitted with a barrier between the parking lot and restaurant patrons to be approved by the Community & Economic Development Director and ABC.

15. No loud amplification of music or voice shall be allowed outside.

16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

17. The sale of beer and wine shall be limited to the hours of operation of the restaurant.

18. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.

19. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.

20. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.

21. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 160
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 4, 2025
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2025-01 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Conditional Use Permit #2025-01 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine for a bonafide eating place for Playa Sol Waffle Cafe, located at 1450 Mercey Springs Road, Suite 102; more specifically identified as Assessor's Parcel Number: 083-130-041.

The Los Banos Planning Commission held a public hearing on Wednesday, November March 12, 2025, for the purpose of considering the above-mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2025-01 to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, April 16, 2025 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above-described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
77 165

THIS PAGE IS INTENTIONALLY LEFT BLANK
166
TO:

FROM:

LOsBanos
Agenda Staff Report
Mayor Michael Amabile and City Council Members
Christy McCammond, Housing Program Manager
Stacy Souza Elms, Community and Economic Development Director ~ DATE: April 16, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Permanent Local Housing Allocation-Bridge House in Los Banos Recommendation:

Adopt a resolution authorizing the City Manager to execute an amendment and restatement of the professional services agreement for emergency shelter and case management services and to direct Permanent Local Housing Allocation (PLHA) Formulaic funding towards an amended contract with Mission Merced, LLC to operate a non-congregate, emergency shelter "Bridge Home" with at least a ten (10) person capacity within the City limits of Los Banos.

Background:

The City of Los Banos currently has approximately 120 individuals experiencing homelessness. The City currently has approximately 20 emergency/interim shelter beds available through the "Bridge Housing" program jointly funded by Merced City and County Continuum of Care (CoC) and the City of Los Banos. These beds are available in two different residential rental units rented and operated by Mission Merced, LLC.

The Permanent Local Housing Allocation Program is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and 1 167
ITEM 11
homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

On October 9th, 2022, The Los Banos City Council approved Resolution 6570, authorizing the application of PLHA formulaic funds.

The City was awarded PLHA Formulaic funds and the agreement was signed by the City Manager on June 5, 2023, and became fully executed when California Housing and Community Development Representative, signed on June 6, 2023.

On February 21, 2024, the City Council approved Resolution 6740, authorizing a professional services agreement with Mission Merced, LLC for emergency shelter services. This agreement was funded through the 2019 PLHA formulaic funds of $188,184.00 and supports the current operation of one (1) existing bridge home.

Permanent Local Housing Allocation Funds for years 2020 and 2021 are now available.

The City has been approved to receive the formulaic funds in the amount of $292,326.00 for 2020 and $289,258.00 for 2021 .

Discussion:

California Housing and Community Development agency has approved use of the City's PLHA Formulaic funds for emergency shelter.

Emergency Shelter is an essential element of the City's system response to homelessness. The Bridge Homes have remained at 100% occupancy since May 2023.

Emergency Shelter results in People Experiencing Homelessness to come out of public space encampments and shelter indoors. Participants in emergency shelter are able to stabilize and better participate in case management.

The PLHA Formulaic funds for the City of Los Banos for years 2019-2021 are as follows:
2019: $188,184.00
2020: $292,326.00
2021: $289,258.00
In order to utilize PLHA funds for emergency shelter operations, the California Housing and Community Development must have an executed agreement/contract with an emergency shelter vendor.

Merced Rescue Mission has agreed to the continued operations of the "Bridge Homes" in Los Banos. For the sake of continuity of services, and because of the unique nature of this work, and limited non-profit resources to complete the work, it is recommended to continue a contract with Mission Merced, LLC.
2 168
Staff recommends an amendment to the current agreement with Mission Merced to extend the contract term until June 30, 2027 and to increase authorized formulaic PLHA funds.

Fiscal Impact:

There is no General Fund fiscal impact. As previously stated, PLHA funds are allocated through the California Housing and Community Development (HCD) from SB2.

The fiscal impact would be an increase to the HCD expenditure account 296-463-110- 231 for fiscal years 2025/2026 through 2026/2027 for a total of $581,584.

Correspondingly, the HCD revenue account 296-000-334-010 will be increased by the same amount. The contract with Mission Merced is not to exceed $383,145. Additionally, the City is eligible to receive $29,079.20 in reimbursable administrative funding through PLHA formulaic funding, covering staff costs related to grant administration and reporting.

The remaining $169,350.80 in revenue may be allocated to a future shelter program currently in the proposal development stage.

Reviewed by:

I)' ~ GalJzle, Interim City Manager
Attachments:
1 . Resolution

2. Professional Service Agreement
3 169
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN

AMENDMENT AND RESTATEMENT OF

PROFESSIONAL SERVICES AGREEMENT FOR

EMERGENCY SHELTER AND CASE
MANAGEMENT SERVICES [MISSION MERCED
INCORPORATED]
WHEREAS, the City of Los Banos (City) has been awarded Senate Bill 2, Permanent Local Housing Allocation (PLHA) Formulaic funds for years 2020 and 2021, through the California Housing and Community Development Agency (HCD) within the City of Los Banos; and
WHEREAS, the City currently has approximately 20 emergency/interim shelter beds available through the "Bridge Housing" program jointly funded by Merced City and County Continuum of Care (CoC) and the City of Los Banos. These beds are available in two different residential rental units rented and operated by Mission Merced, LLC; and WHEREAS, in accordance with the City's procurement procedures set forth in Title 3-10.420 (3) (b) of the Los Banos Municipal Code, the City has elected to award a sole source contract to Mission Merced Incorporated who is the vendor currently renting and operating the emergency shelters to meet the emergent need of People Experiencing Homelessness and to continue services without interruption during inclement weather.

The City desires to enter a contract with Mission Merced to render professional emergency shelter services under the terms and conditions set forth in the Agreement attached hereto; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $581,584.00 in revenues in the Housing and Community Development (HCD) fund 296-000-334-01 0; and WHEREAS, the proposed budget increase is $581,584.00 in expenditures in the HCD fund 296--463-110-231; and
WHEREAS, there will be a reduction of general fund expenditures via administrative grant funds used to reimburse city staff costs; and WHEREAS, the Agreement attached hereto has been reviewed and approved by the City Attorney, subject to final approval by HCD of the financial terms of the Agreement. 1 170
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby find and resolve as follows:

1. The foregoing is true and correct and adopted and material to this Resolution.

2. In making its findings the City Council relied upon and hereby incorporates by reference all of the proposal materials, staff reports and all other related materials.

3. The City Council finds and determines that based upon the factors set forth above, Mission Merced Incorporated is the current operator of emergency shelter services and can continue vital services, without interruption, and will assist in avoiding People Experiencing Homelessness returning to public outdoor spaces.

4. The City Council of the City of Los Banos, does hereby approve and authorize the City Manager or designee to execute the Agreement for Professional Services for Emergency Shelter Services in a form substantially as presented in Exhibit A to this Resolution, subject to final approval by HCD of the financial terms of the Agreement and any non-substantive changes as approved by the City Attorney.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of April 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 171

AMENDMENT AND RESTATEMENT OF

PROFESSIONAL SERVICES AGREEMENT

EMERGENCY SHELTER AND CASE MANAGEMENT SERVICES
[Mission Merced Incorporated]
THIS amended and restated Professional Services Agreement ("Agreement") is made and entered into as of the __ day of ___ _ __ 2025, by and between the City of Los Banos, a California Municipal Corporation (herein referred to as "City") and MISSION MERCED IN CORPORA TED, a California Nonprofit Corporation (herein referred to as "Contractor") collectively ('Parties").

RECITALS
A. WHEREAS, the parties previously entered into a professional services agreement on February 15, 2024 ( hereinafter "prior agreement") to provide the services described herein below;
B. WHEREAS, the parties desire to amend and restate said prior agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

The parties now wish to amend their prior agreement and, to that end, do hereby amend that prior agreement in the terms set forth in this amended and restated Agreement (hereinafter "Agreement'). The parties hereby consent to the terms of this Agreement. The parties agree that upon execution of this instrument, the prior agreement shall be replaced in whole, and the terms of this Agreement shall supersede the terms of that prior agreement for all purposes.

1. Term. The term of this Agreement shall commence upon execution of this instrument and shall terminate on June 30, 2027, unless terminated earlier as set forth herein. The Agreement may be extended on the same terms and conditions set forth herein for two additional one-year periods upon written notice by the City Manager to Contractor 120 days prior to the expiration of the original term or extended term.

2. Scope of Services. Contractor shall diligently perform all the services and deliverables described in Exhibit A attached hereto and incorporated herein by reference.

Notwithstanding services described above, the City may request and Contractor may agree to perform other services. The scope of such other services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.1. All professional services shall be performed by Contractor or under Contractor's superv1s10n. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent 172
with the standards of care, diligence and skill ordinarily exercised by emergency shelter and case management Providers in accordance with sound professional practices.

2.2 Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner.

The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City.

Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Compensation. City shall pay Contractor an amount not to exceed $186,900 for Fiscal Year 2025-2026 and $196,245 for Fiscal Year 2026-2027 for the professional services payable in accordance with the Annual Budget set forth in Exhibit D attached hereto and incorporated herein by reference. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items, shall not exceed $186,900 for Fiscal Year 2025-2026 and $196,245 for Fiscal Year 2026-2027 without additional authorization from City.

4.1 Contractor shall submit monthly invoices to City for the work performed or expenses incurred during a monthly invoicing period. Contractor's invoices shall include a brief description of the services performed and/or eligible expenses incurred, and the specific Task in the Scope of Services and Annual Budget, to which it relates, and the date the services were performed or expenses were incurred.

4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in advance by City.

4.3 Contractor shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

5. Contract Administration. The City Manager shall have the authority to act for City under this Agreement. The City Manager or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement including extending the term of the Agreement per Section 1 herein. Bruce Metcalf shall have the authority to act for Contractor under this Agreement.
173

6. Proiect Managers. City shall designate Christy McCammond ( or other assigned City personnel) as Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager to work directly with the City in the performance of this Agreement. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Bruce Metcalf to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.

7. Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services, under this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

8. Insurance. Without limiting Contractor's indemnification of City, and upon execution of this Agreement_. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverae.e. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, 174
employees, and volunteers. Proof of Workers' Compensation is not required if Contractor provides written verification that Contractor has no employees. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. 175

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

8.2 Contractor shall not allow any subcontractors to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name the City as an additional insured using ISO form CG 20 3 8 04 13 or an endorsement providing the exact same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.

9. Nondiscrimination. In the performing of this Agreement, Contractor shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services.

10.1 The Contractor shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Contractor or any other person performing services under this Agreement.

Contractor and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub contractor(s), and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the City for the acts and omissions of its sub contractor(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly 176
employed by Contractor. Contractor's obligation to pay its sub contractor(s) is an independent obligation from the City's obligation to make payments to the Contractor.

11.1. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. Contractor shall pay its sub contractors within ten (10) calendar days from receipt of each payment made to Contractor by the City.

11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub contractors.

11.4. Any substitution of sub contractor(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub contractor(s).

12. Ownership of Content. All content, and materials of any and every type prepared by the Contractor pursuant to this Agreement shall be the property of the City. Such content shall include but not be limited to all, electronic media furnished or prepared or accumulated by the Contractor in performing work under this Agreement, whether completed or in process.

13. Confidentiality. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Contractor shall maintain all records, relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection. Contractor shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 177
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

Contractor represents that neither Contractor, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement (See Exhibit "E" and "F").

Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.

18. Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement.

19. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

20. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect. 178

21. WaiverN alidity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

22. Jurisdiction. City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

23. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Christy McCammond
With a courtesy copy directed to the City Manager
To Contractor:

Mission Merced Incorporated
644 W. 20th St.

Merced, CA 95340
Attn: Bruce Metcalf
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

24. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

25. Corrective Measures. Contractor will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.

Contractor will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Contractor to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is 179
delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

28. Exhibits. The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:

Exhibit A: Scope of Services
Exhibit B: Permanent Local Housing Allocation (PLHA) Guidelines Exhibit C: Measurable Outcomes
Exhibit D: Budget
Exhibit E: Assurance of Compliance Non-Discrimination in State and Federal Programs Exhibit F: HIP AA Business Associate Agreement
[SIGNATURES BEGIN ON NEXT PAGE]
180
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: ___ __ ~ 2025
Date: _ _ _ __ ~ 2025
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn, City Attorney
MISSION MERCED INCORPORATED, a
California Nonprofit Corporation
by: Bruce Metcalf
Title:

CITY OF LOS BANOS, a California
Municipal Corporation
by: Gary Brizzee,
Interim City Manager
181

EXHIBIT A
Scope of Services- Los Banos Emergency Shelter-Bridge
Housing
Bridge Housing is a model of LowBanier, Emergency Shelter which connects participants to service enriched programs intended to quickly bring individuals experiencing homelessness off the streets and help them rebuild their lives. Bridge Housing utilizes single-family residences as mini-navigation centers for individuals experiencing homelessness. Each Bridge House expands available shelter beds, typically by one (1) to two (2) beds per bedroom.

Contractor's services include, but are not limited to, the following:

1. Provide at least one (1) Bridge Housing unit with no less than a ten (10) bed capacity per Bridge Housing unit.

1.1. These beds will be made available for adult (ages eighteen (18) and older) Participants who are experiencing homelessness within the Los Banos City Limits, in accordance with all federal, state, and local laws, referred to Contractor by the City or its designees.

1.2.City must be notified, with a solution to remedy, if any home reaches a fifty percent (50%) vacancy rate. Utilization rate will be shared with City weekly.

2. Provide twenty-four (24) hours per day, seven (7) days per week onsite supervision and eight (8) hours per day, five (5) days per week service coordination to help participants stabilize their lives and move into permanent housing.

2.1.Staffing shall include one (1) House Monitor, and two (2) Service Coordinators.

These staff members shall be trained within a period no more than 3 months after hiring, in Harm Reduction, Housing First, Trauma-Informed Approach, and shall not be a currently Unhoused Community Member. Staff shall attend any training deemed necessary by the City. All evidence of training shall be submitted to the City.

2.2.Service Coordinators shall fill paid positions to provide case management to connect individuals to income, public benefits, health services, shelter and permanent housing.

2.3.Housing Monitors shall fill paid positions to provide house oversight during nonwork business hours (eight (8) AM- five (5) PM).

3. The Contractor shall implement the use of Cal-AIM Enhanced Care Managers (ECMs) and Community Support (CS) staff for the provision of services available 182
through Cal-AIM

4. Bridge Homes shall be "Low Barrier" Emergency Shelters and as such, allow Participant's partners, possessions, and pets as allowed by local City ordinances and any applicable law. Contractor will work with the City to identify solutions for any barriers which limit participation by City residents experiencing homelessness in the Bridge Housing program including the participant's partners, pets, and possessions.

5. Contractor will accept referrals from outreach and engagement teams, local government offices, and community-based organizations.

6. The Contractor shall establish a City-approved referral and billing process for the utilization of Bridge Housing beds and services. This must be established prior to accepting Participant.

7. Housing-related activities including but not limited to, emergency shelter, rapid rehousing, rental assistance, transitional housing, and permanent support housing and must be in compliance or otherwise aligned with Housing First Principles, pursuant to Welfare and Institution Code Section 8255(b) and Harm Reduction Principles, as defined by the Substance Abuse and Mental Health Services Administration (SAMHSA).

8. Participate in the monthly Merced City and City Continuum of Care (CoC) meetings.

9. Maintain a CoC General Membership throughout the duration of the Agreement.

10. Provide on-site services for participants which include:

9.1.Laundry services at one (1) load per week, per
Participant;

9.2.Meals at three (3) meals per Participant, per day;

9.3.Janitorial; and

9.3.Possessions storage

9.4. Internet access
11 . Ensure peer navigators and/or service coordinators establish trusting relationships with Participants and their families while providing general support and encouragement.

12. Document and track Participant's progress and challenges in attaining permanent 183
housing including, but not limited to:

11.1 Complete intakes and referrals, and perform assessments. 11 .2. Assist Participants with rental, employment and other applications and registration forms.

11.3 Help Participants connect with transportation resources and provide appointment reminders.

11.4 Accompany Participants to appointments.

11.5 Create a Case Management Plan to establish and achieve goals identified by Participant with comprehensive assessments.

11.6 Ensure Participants are entered into the local Homeless Management Information System (HMIS).

13. Provide monthly reports which includes data in Exhibit "C", Measurable Outcomes.

14. Contractor must provide weekly census report to City consisting of all Bridge homes.

15. Maintain compliance with the requirements set forth in this Agreement.

16. Request approval from City prior to signing any agreement with a subcontractor for Participant wraparound services and submit a specific plan for monitoring the subcontractor's performance.

17. Contractor shall comply with all laws and regulations set forth in the Permanent Local Housing Allocation guidelines as described in Exhibit "B".

18. Contractor shall notify City of any change to the Contractor's rental agreements for the Bridge Houses.

Budget Revisions

1. Contractor may submit proposed budget revisions. The City will review all proposed budget revisions and at its sole discretion, grant or deny budget revisions.

1.1.Should an emergency situation arise which requires a budget revision outside of these timelines, City will evaluate each situation individually to determine if revision will be allowed.
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2. When submitting budget revisions, Contractor is to include the following:

2.1.Cover letter which explains the revisions being requested and justification for the revisions.

2.2. Revised budget including columns for Original Budget, Requested Revision, and Revised Budget with balanced budgets and clear detail of the revisions or line items being moved.

3. City will review each request to determine if the revision is consistent with approved activities and funding source. Once review is completed, City will notify the Contractor if revision is approved or denied.
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EXHIBITB
Permanent Local Housing Allocation Guidelines
Permanent Local Housing Allocation Final Guidelines
Gavin Newsom, Governor
State of California
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development 2020 West El Camino A venue, Suite 150
Sacramento, CA 95833
October 2019
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The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations .. . have the dignity of statutes ... [and] ... delegation oflegislative authority includes the power to elaborate the meaning of key statutory terms ...

Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) In consultation with stakeholders, the California Department of Housing and Community Development (Department) may adopt Guidelines to implement this Section, including determining allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the Department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Title 2 Government Code, Part 1 of Division 3).

NOTE: Authority Cited: Health and Safety Code Section 50470, subdivision (d).

The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts.

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INTRODUCTION
Chapter 364, Statutes of2017 (SB 2, Atkins) was part of a 15-bill housing package aimed at addressing the state's housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (Department) to use
70 percent of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program.

Guidelines for the PLHA program are organized into five Articles as follows:

Article I. General provisions: This article includes information on the purpose of the Guidelines, program objectives, and definitions used throughout the document.

Article II. Program funding: This article describes allocation formulas and methodologies, and award amounts.

Article III. Formula allocation component: This article describes the requirements for Applicants to apply for funds under the formula allocation of the PLHA program.

Article IV. Competitive allocation component: This article describes requirements and uses for PLHA competitive allocation funds.

Article V. Administration: This article describes administrative functions such as terms, nonperformance remedies, and reporting and monitoring requirements.

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Permanent Local Housing Allocation (PLHA) Program: 2019 Guidelines
Table of Contents
ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
Section 101. Definitions
ARTICLE JI. PROGRAM FUNDING
Section 200. Allocations
Section 201. Award Amounts
ARTICLE Ill. FORMULA ALLOCATION COMPONENT
Section 300. Eligible Applicants
Section 301. Eligible Activities
Section 302. Threshold Requirements
Section 303. Application Review
Section 304. Deadlines and Funding Requirements
ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT
Section 400. Eligible Applicants
Section 401. Eligible Activities
Section 402. Threshold Requirements
Section 403. Selection Criteria
Section 404. Application Review
Section 405. Deadlines and Funding Requirements
ARTICLE V. ADMINISTRATION
Section 500. Accounting Records
Section 501. Audits/Monitoring of Project Files
Section 502. Cancellation and Termination
Section 503. Reporting
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9 10
11 11
12 13
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ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
(a) These Guidelines (hereinafter "Guidelines") implement, interpret, and make specific Chapter 364, Statutes of 2017 (SB 2, Atkins - hereinafter "SB 2") as authorized by Health and Safety Code (HSC) Section 504 70, which created the Building Homes and Jobs Trust Fund and the PLHA program. The principal goal ofthis program is to make funding available to eligible local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Twenty percent of the funding in the Building Homes and Jobs Trust Fund is required to be expended for Affordable Owner-Occupied Workforce Housing, and the program prioritizes investments that increase the supply of housing to households that are at or below 60 percent of the Area Median Income (AMI), adjusted for household size.
(b) These Guidelines establish terms, conditions, and procedures for local governments to submit applications to the Department for funds from the PLHA program's three components, as listed below:
(1) Entitlement formula component per HSC 50470(b)(2)(B)(i)(I) (2) Non-entitlement formula component per HSC 50470(b)(2)(B)(i)(II) (3) Non-entitlement competitive grant program component per HSC 50470(b)(2)(B)(i)(I) (eligible Applicants are the same as for component 2 above) (c) The non-entitlement competitive grant program component prioritizes assistance to persons experiencing or At risk of homelessness.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(A), subdivision (b )(2)(B)(i) and subdivision (b )(2)(B)(ii)(I-V).

Section 101. Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in HSC Section 50470. (a) "Accessory dwelling unit" (ADU) means a dwelling unit which is attached, detached or located within the living area of the existing dwelling or residential dwelling unit and which provides complete independent living facilities for one or more persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An Accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the HSC, or a manufactured home, as Department of Housing and Community Development 5 2019 PLHA Final Guidelines 190
defined in Section 18007 of the HSC.
(b) "Activity" means any single eligible undertaking carried out as part of an Applicant's allocation(s) under the Program.
( c) "Affordable" means a housing unit that satisfies at least one of the following criteria:

1. If the unit is being rented to low-income, Very low-income or Extremely low-income households, it complies with the Multifamily Housing Program guidelines Section 7312 and the Section 7301 definition of "Affordable Rent"; or

2. If the unit is being sold, it is offered at an "Affordable housing cost", as published in the Fannie Mae Selling Guide, Part B, Debt to Income Ratios, as updated annually
(https://www.fanniemae.com/content/guide/selling/b3/6/02.html#DTl.20Rat ios), and it complies with the income limits stated in the definitions of Moderate-Income and Lower-Income in this section; or

3. If the unit is being rented to Moderate-Income households, it is available at a gross rent, including a utility allowance, that does not exceed 30 percent of the applicable income eligibility level, and complies with the definition of Moderate-Income in these guidelines
(d) "Affordable Owner-Occupied Workforce Housing" (AOWH) means owner-occupied housing per HSC Section 50092.1 that is affordable to persons and families of low or moderate income, as that term is defined in HSC Section 50093, except in High-cost areas where Moderate-income shall include households earning up to 150 percent of AMI.
(e) "Annual Progress Report" (APR) means the Housing Element APR required by GC Section 65400 on the prior year's activities and due to the Department April 1 of each year.
(f) "Annual Report" means a form issued by the Department and completed by a Local government awarded PLHA funds on which the Local government documents the uses and expenditures of any allocated funds and outcomes achieved. (g) "Applicant" means an eligible Local government applying for the program to administer one or more eligible activities. Applicant also means a Local or Regional Housing Trust Fund delegated by an eligible Local government to apply for the program and administer its allocation in accordance with all program rules.

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(h) "Area Median Income" or "AMI" means the most recent applicable county median family income published by the Department, available at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml (i) "At risk of homelessness" means the same as defined in Title 24 Section 578.3 of the Code of Federal Regulations and also includes any household receiving rental assistance funded by the California Emergency Solutions and Housing (CESH) program or the California Homeless Emergency Aid Program (HEAP).

U) "Capitalized Reserve for Services" means the reserve funded by the Local government pursuant to Section 301(a)(5) to address project supportive service budget deficits attributable to shortfalls in service funding sources.
(k) "Comprehensive Housing Affordability Strategy" or "CHAS" means annual data compiled by the United States Census Bureau for the U.S. Department of Housing and Urban Development (HUD) to document the extent of housing problems and housing needs, particularly for low-income households.
(I) "Community Development Block Grant" or "CDBG" means the program created pursuant to Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301 et seq., as amended.
(m) "Department" means the California Department of Housing and Community Development.
(n) "Extremely Low Income" has the meaning set forth in HSC Section 50106, which is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca. gov/ grants-funding/income-limits/state-and-federal-incomelimits.shtml. (o) "Fund" means the Building Homes and Jobs Trust Fund pursuant to HSC Section 50470.
(p) "High-cost area" means those counties defined as high cost by the Federal Housing Finance Agency (at: https://www.fhfa.gov/DataTools/ and those counties for which HUD adjusted the Very low income and low-income rents due to high costs (at:
https://www.huduser.gov/portal/pdrdatas landing.html), as published by the Department in the annual PLHA Notice of Funding Availability.
(q) "Local government" means any city, including a charter city, any county, including a charter county, or a city and county, including a charter city and county.

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(r) "Local Housing Trust Fund" or "Regional Housing Trust Fund" means a public, joint public and private fund or charitable nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific revenue to address local or regional housing needs. (s) "Low or Lower Income" has the meaning set forth in HSC Section 50079.5, which is a maximum of 80 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (t) "Moderate-Income" has the meaning set forth in HSC Section 50093, which is a maximum of 120 percent AMI, or in High-cost areas, 150 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (u) "Non-entitlement local government" means a Local government in an area which is not a metropolitan city or part of an urban county, a Local government that, as of September 1, 2017, was an incorporated city with a population of less than 50,000 or a county with an unincorporated area population of less than 200,000 persons which had not entered into a three-year Urban County Cooperation Agreement, or a Local government that was not otherwise entitled to receive CDBG funds directly from HUD. (v) "Operating subsidies" means payments to owners of affordable housing developments that make the housing more affordable by covering a portion of the ongoing costs of operating the development. Such payments would have the same effect as rental assistance.
(w)"Owner-occupied" means a dwelling which is occupied by the owner and includes a single family dwelling or a dwelling unit in a stock cooperative, as defined by Business and Professions Code (BPC), Section 11003.2, a community apartment project, as defined by BPC Section 11004, or a condominium project, as defined by subdivision (c) of BPC Section 11004. 5.
(x) "Plan" means the document submitted by the Applicant to the Department as part of a complete application in which the Applicant proposes to use allocated funds for at least one eligible Activity. The Plan shall have a term of five years. In succeeding years, the Local government is required to obtain the approval of the Department for any amendments made to the Plan, as set forth in Section 302(c)(5). (y) "Permanent Local Housing Allocation Program", "Program", or "PLHA" means the program developed to annually allocate 70 percent of the moneys deposited into the Fund pursuant to HSC Section 50470(b)(2)(8)(i).

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(z) "Permanent supportive housing" has the same meaning as in HSC Section 50675.14, that is, housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Permanent supportive housing may include associated facilities if used to provide services to housing residents. Permanent supportive housing does not include "health facility" as defined by HSC Section 1250 or any "alcoholism or drug abuse recovery or treatment facility" as defined by HSC Section 11834.02 or "Community care facility" as defined in HSC Section 1502, "Mental health rehabilitation centers" as defined in Section 5675 of the Welfare and Institutions Code (WIG), or other residential treatment programs.
(aa)"Regional Housing Needs Allocation" or "RHNA" means the share of the regional housing need represented by persons at all income levels within the area significantly affected by the general plan of the city or county allocated to an Applicant Local government pursuant to GC Section 65584(b ).
(bb) "Sponsor" means the legal entity or combination of legal entities with continuing control of a Rental Housing Development. Where the borrowing entity is or will be organized as a limited partnership, Sponsor includes the general partner or general partners who have effective control over the operation of the partnership, or, if the general partner is controlled by another entity, the controlling entity. Sponsor does not include the seller of the property to be developed as the rental housing Project, unless the seller will retain control of the Project for the period necessary to ensure Project feasibility as determined by the Department. (cc) "Very Low Income" has the meaning set forth in HSC Section 50105, which is a maximum of 50 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/ grants-funding/income-limits/state-and-federal-incomelimits.shtml.

NOTE: Authority cited: HSC Section 504 70, subdivision ( d). Reference cited: HSC Section 50470.5 and 50470, subdivision (b)(2).

ARTICLE II. PROGRAM FUNDING
Section 200. Allocations
(a) SB 2 created a dedicated revenue source for affordable housing and directed the Department to make available 70 percent of the moneys in the Building Homes and Jobs Trust Fund, collected on and after January 1, 2019, to Local governments through the following allocations:

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(1) Ninety percent of the moneys available shall be allocated based on the formula used under Federal law to allocate CDBG funds within California. This is the formula specified in Title 42 United States Code (USC), Section 5306. (A) The amount of funds awarded to each Local government eligible for the entitlement formula component shall be determined by the 90 percent of PLHA funds available pursuant to this paragraph (1) and the percentage of funds received by the entitlement Local government in the CDBG federal fiscal year 2017 allocation process performed by HUD.
(B) Through the formula specified in paragraph (1 ), the percentage of funds allocated to Non-entitlement local governments shall be distributed to Non-entitlement local governments through a competitive grant program. (2) Ten percent of the moneys available shall be allocated equitably among Non-entitlement local governments. The equitable allocation awarded to each Local government eligible for the Non-entitlement formula component shall be based on the sum of: (1) 50 percent of the funding available for the Non-entitlement formula component divided by the number oflocal governments eligible for the Non-entitlement formula component and (2) 50 percent of the funding allocated in proportion to each Non-entitlement local government's share of the total most severe housing need in California's Non-entitlement local governments, based upon the most recent HUD Comprehensive Housing Affordability Strategy. (b) After funds are appropriated by the Legislature as part of the budget act, the Department will issue one or more Notices of Funding Availability (NOFA). Local governments shall submit an application under the NOFA pertaining to the specific allocation for which the Local government is eligible.
(c) It is recommended that Local governments that were urban counties in accordance with the distribution of funds pursuant to the formula specified in 42 USC, Section 5306 for the federal fiscal year 2017 provide a proportional share of their allocations to Local governments within their county with which they had a three-year Urban County Cooperation Agreement as of September 1, 2017, provided that these Local governments meet the threshold requirements of the PLHA and expend
sub-allocated funds for eligible activities within the deadlines of the Standard Agreement governing the sub-allocation.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 504 70, subdivision (b )(2)(B).

Section 201. Award Amounts
(a) The formula allocation amounts derived pursuant to the formulas in Section 200 will be announced in the NOFA.

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(b) The maximum application amount and the minimum application amount for the competitive allocation will be stated in the NOFA.
(c) An Applicant may apply for its formula allocation from the current and two prior NOFAs for which it did not receive an award, provided that the award meets the requirements of Section 304(a).

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 504 70, subdivision (b )(2)(B).

ARTICLE III. FORMULA ALLOCATION COMPONENT
Section 300. Eligible Applicants
(a) Eligible Applicants for the entitlement formula component described in Section 1 0O(b )(1) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section 5306.
(b) Eligible Applicants for the non-entitlement formula component described in Section 1 00(b )(2) and the competitive grant program component described in Section 1 00(b )(3) are limited to the Non-entitlement local governments. (c) A Local government may delegate another Local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local governments enter into a legally binding agreement and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The administering Local government shall be responsible for all Program requirements.
(d) A Local government may delegate a Local or Regional Housing Trust Fund to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local government enters into a legally binding agreement with the Local or Regional Housing Trust Fund and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The Local or Regional Housing Trust Fund shall be responsible for all Program requirements. (e) An Applicant shall not be eligible to receive a new allocation of PLHA funds if it has an uncommitted amount of formula PLHA funds greater than the following:
(1) Four times the pending annual allocation if the pending annual allocation is $125,000 or less;
(2) $500,000 if the pending annual allocation is greater than $125,000 and less than $500,000;
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(3) The amount of the pending annual allocation if the pending allocation is $500,000 or more.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 301. Eligible Activities
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. ( 4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision ( d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(A) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B)Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1 )-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core Department of Housing and Community Development 12 2019 PLHA Final Guidelines 197
components of Housing First, as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited to, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are "activity costs" and not subject to the cap on "administrative costs." A Local government may share any funds available for administrative costs with entities that are administering its allocation. (c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 504 70 (b )(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.
(d) Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 "Eligible Activities". This loan guarantee Activity must be identified and fully explained in the Applicant's "Plan".

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivisions (b)(2)(B)(ii)(IV), (b)(2)(D)(i-x), and (b)(3).

Section 302. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the formula allocation:
(a) Housing Element compliance: The Applicant and any delegating Local government, if applicable, must have a Housing Element that has been adopted by the Local Department of Housing and Community Development 13 2019 PLHA Final Guidelines 198
government's governing body by the application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government's current Housing Element compliance status can be obtained by referencing the Department's website at http://www.hcd.ca.gov/communitydevelopment/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant and any delegating Local government, if applicable, must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit, by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests an allocation pursuant to Section 200 in order to carry out one or more of the eligible activities described in Section 301. Except for a jointly funded project as described in Section 301(c), any activities must be carried out within the jurisdiction of the Applicant Local government. (2) Submission of the application is authorized by the governing boards of the Applicant.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the Local government's selection process shall avoid conflicts of interest and shall be accessible to the public. For the purposes of this paragraph, "entity" means a housing developer or program operator; "entity" does not mean an administering Local government to whom a Local government delegates its PLHA formula allocation, pursuant to Section 300(d).
(4) A Plan detailing:
(A) The manner in which allocated funds will be used for eligible Activities. (B) A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI. Programs targeted at households at or below 60 percent of AMI will be deemed to meet this requirement.

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(C) A description of how the Plan is consistent with the programs set forth in the Local government's Housing Element.
(D) Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
(E) The following for each proposed Activity:
(i) A description of each proposed Activity, pursuant to Section 301, and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to AOWH. (ii) The projected number of households to be served at each income level and a comparison to the unmet share of the RHNA at each income level. (iii) A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.
(iv) The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least 55 years. (5) The Plan submitted in response to the NOFA shall be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than 10 percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting. (6) A certification that, if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:
(A) The PLHA loan and any interest thereon shall be repaid to the Local government's PLHA account. The Local government shall reuse the repayments consistent with Section 301; or
(B) The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or
(C) The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds Department of Housing and Community Development 15 2019 PLHA Final Guidelines 200
of the equity-sharing agreement consistent with this section. (7) A certification that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.
(8) A Program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(B)(ii).

Section 303. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements.
(b) The Department may request additional information to complete its review. (c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.
(d) The Department may issue an Over-the-Counter formula allocation NOFA after completing the NOFA process so that Local governments who were not able to submit formula allocation applications by the application deadline will have another opportunity to do so.
( e) If funding proposed in Local government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A).

Department of Housing and Community Development 16 2019 PLHA Final Guidelines 201
Section 304. Deadlines and Funding Requirements
(a) The initial PLHA application, including the Plan, must be submitted within 48 months of the budget appropriation (for example, the budget appropriation for 2019 is July 1, 2019, so the application deadline is June 30, 2023). (b) Funds allocated to Local governments that do not submit a complete application by the deadline stated in subsection (a) will revert to the Housing Rehabilitation Loan Fund for the Multifamily Housing Program or for Department-administered technical assistance to Local governments.
( c) A Local government may petition the Department to return any funds allocated to it to be used for the Multifamily Housing Program.
(d) Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees. (e) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instruction. (f) After the Standard Agreement has been executed by the state, the Local government may submit a request for 100 percent of the funds allocated to be used for eligible expenditures for the Activity(ies) that received the award, and subject to the terms and conditions of the Standard Agreement.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(B)(i) and subdivision (b )(2)(B)(ii)(Vl).

ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT
Section 400. Eligible Applicants
(a) Eligible Applicants for the non-entitlement competitive allocation described in Section 1 00(b )(3) are limited to Non-entitlement local governments. For development of Rental Housing Projects, the Sponsor must be a co-Applicant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(B)(i)(I).

Department of Housing and Community Development 17 2019 PLHA Final Guidelines 202
Section 401. Eligible Activities
(a) Eligible Activities are limited to the following and must take place within the jurisdiction of the Applicant Local government:
(1) Development of new multifamily rental housing that is Affordable to households at or below 60 percent of AMI or substantial rehabilitation of multifamily rental housing that will be Affordable to households at or below 60 percent of AMI, but which is not currently restricted as Affordable housing; or (2) Assistance to persons who are experiencing or At risk of homelessness, including, but not limited to, through rapid rehousing, or rental assistance, supportive services and case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers, or new construction, rehabilitation, or preservation of permanent or transitional rental housing.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(B)(i)(l)(ia), (b )(2)(B)(i)(I)(ib) and subdivision (b )(2)(B)(ii)(V).

Section 402. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the competitive allocation:
(a) Housing Element compliance: The Applicant must have a Housing Element that has been adopted by the jurisdiction's governing body by the application deadline date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government's current Housing Element compliance status can be obtained by referencing the Department's website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests a grant pursuant to Section 1 00(b)(3) in order to carry out one Department of Housing and Community Development 18 2019 PLHA Final Guidelines 203
or both of the eligible Activities set forth in Section 401. (2) Submission of the application is authorized by the governing board of the Applicant and by the developer co-applicant, if any.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the selection process shall avoid conflicts of interest, and shall be accessible to the public.
( 4) Demonstration of readiness, including site control for development Projects, land use entitlements, environmental review and commitments of other funding and resources required, as further set forth in the NOFA;
(5) Underwriting requirements:
(A) Uniform Multifamily Regulations Subchapter 19 of Title 25, Division 1, Chapter 7 ( commencing with Section 8300), as amended from time to time, and the Multifamily Housing Program Guidelines ( commencing with Section 7300), as amended from time to time, are hereby incorporated by reference into this subchapter and shall apply to Rental Housing Developments receiving assistance under the PLHA competitive allocation. In the event of a conflict between the provisions of Subchapter 19 and these Guidelines, the provisions of these Guidelines shall prevail. (i) Section 8312(c) of the Uniform Multifamily Regulations is hereby amended to read:
(c) For Projects utilizing 4 percent tax credits, Developer Fee payments shall not exceed the amount that may be included in Project costs pursuant to 4 CCR, Section 10327. In addition, the Developer Fee paid from development funding sources shall not exceed the following:
(1) For acquisition and/or rehabilitation Projects, or adaptive reuse Projects, the lesser of the amount of Developer Fee in Project costs or $2,000,000. (2) For new construction Projects, the base limit shall be the lesser of the amount that may be included in Project costs or $2,200,000. To arrive at the final limit on Developer Fee paid from development funding sources, the base limit shall then be multiplied by a ratio that is the average of (i) the difference between 2 and the Project's high-cost ratio, as calculated pursuant to 4 CCR, Section 10317(i)(6) or successor language and (ii) 100 percent.
(ii) Section 8312(d) of the Uniform Multifamily Regulations shall not apply. (iii) Section 8314(a)(1 )(A) of the Uniform Multifamily Regulations is amended to read:
(A) Approved deferred Developer Fee, pursuant to Section 8312, provided that the aggregate of the Developer Fee paid from sources and paid as deferred shall not exceed $3,500,000.

Department of Housing and Community Development 19 2019 PLHA Final Guidelines 204
(B) Period of affordability: All assisted rental units shall be restricted for not less than 55 years.
(C)AII development Projects shall demonstrate fiscal integrity.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 403. Selection Criteria
(a) Applications submitted within a competitive funding round shall be evaluated using the following criteria. Total available points shall equal 100.

1. Priority Points - 25 points
A Population - 5 points
(i) If the Applicant is a county that has a population of 200,000 or less within the unincorporated areas of the county, the Applicant shall receive all points.

8. Prior Award - 5 points
(i) If the Applicant did not receive an award based on the formula specified in 42 USC, Section 5306 in 2016, the Applicant shall receive all points.

And either C (i) or C (ii) or C (iii) below:

C. Activity
(i) Assistance for Homeless Persons through Program Activities - 15 points
(a) Applications to assist persons experiencing or At risk of homelessness, including, but not limited to, through programs providing rapid rehousing, or rental assistance, or operating assistance to navigation centers shall receive all points.

Or
(ii) Assistance to Homeless Persons through Development of Navigation Centers- 15 points
(a) Applications for construction of navigation centers shall receive all points.

Or
Department of Housing and Community Development 20 2019 PLHA Final Guidelines 205
(iii) Assistance for Homeless Persons through Rental Projects - 15 points (a) Applications for the new construction, rehabilitation, or preservation of permanent or transitional rental housing in which all or at least 10 percent of the units are restricted to occupancy by tenants who are homeless or At risk of homelessness shall receive all points.

2. Evaluation Criteria - 75 points
Precise scoring for these factors will be set forth in the NOF A.

A. Community Need - 30 points
(i) Applicants will receive up to a maximum of 30 points based on the rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset in the Applicant Local government.

Applicants will receive points in proportion to this percentage.

B. Applicant Administrative Experience - 15 points
(i) Applicants with prior experience administering local, state or federal affordable housing or community development programs or who have entered into a contract with an entity with prior experience in the implementation of local, state or federal affordable housing or community development programs will receive up to 15 points.

C. Demonstrated Capacity - 30 points
(i) Capacity points will be based on:
(a) Sponsor experience in Affordable Rental Housing Development and ownership (Up to 30 points) or
(b) Navigation center development experience (for development of these facilities) (Up to 30 points) or
(c) Program Operator experience (for non-development Activities) (Up to 30 points)
(b) Where applications requesting funds for more than one eligible Activity pursuant to Section 401 are permitted by the NOFA, each Activity will receive a separate score for each rating factor, and have an individual Activity total. It is possible that one Activity may score highly enough to receive an award, and the other Activity does not. (c) In the event of tied point scores and insufficient funding for both applications, the Department shall rank the tied applications as follows:
(1) If one of the tied applications is for an Affordable Rental Housing Development and the other is for a program Activity or development of a navigation center, the Department of Housing and Community Development 21 2019 PLHA Final Guidelines 206
Affordable Rental Housing Development application will be selected for funding; (2) If one of the tied applications is for a navigation center and the other is for a program Activity, the navigation center will be selected for funding; (3) If both of the tied applications are for Affordable Rental Housing Developments, the Project with the lowest weighted average affordability of Restricted Units will be selected;
( 4) If both of the tied applications are for navigation centers, the facility that provides overnight shelter to the greatest number of people will be selected; (5) If both of the tied applications are for programs, the Local government with the highest rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset will be selected.
(d) In the event there are insufficient funds to fulfill the entire funding request for the next highest scored application (Application A), the Department will determine whether Application A is feasible without the full funding request. If Application A is not feasible without full funding, the Department may offer the remaining funds to the application whose score is immediately below Application A. If the remaining funds are insufficient to fulfill the funding request for that application (Application B), the Department will again determine whether this application is feasible without the full funding request. If Application B is not feasible without the full funding request, the Department will perform the same analysis for the application whose score is immediately below Application B.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia) and subdivision (b)(2)(B)(ii)(V).

Section 404. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements. The application will require submission of documentation adequate to demonstrate that the application has earned the appropriate number of points. (b) The Department may request additional information to complete its review, provided that the new information would not affect scoring.
(c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 504 70, subdivision (b )(2)(B)(ii).

Department of Housing and Community Development 22 2019 PLHA Final Guidelines 207
Section 405. Deadlines and Funding Requirements
(a) Applicants will be required to enter into a state Standard Agreement (Standard Agreement) that will set forth conditions for funding and milestones that are required to be met.
(b) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions or risk forfeiting the grant award.
(c) Except for predevelopment expenses for construction projects funded by PLHA and the costs to develop and prepare the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds.

Reimbursement of expenses to prepare the PLHA application is subject to the cap on administrative fees.
(d) Grant funds shall not be disbursed until:
(1) the Department authorizes loan closing, in the case of development projects; or (2) all general and special conditions have been complied with, in the case of other Activities.
( e) If funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the project for at least 55 years.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 504 70, subdivision (b )(2)(B)(ii)(VI).

ARTICLE V. ADMINISTRATION
Section 500. Accounting Records
(a) The grantee shall establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the approved work plan, budget, and schedule. Separate bank accounts are not required. (b) The grantee shall maintain documentation of its financial records for expenditures incurred during the course of the PLHA Activity in accordance with generally accepted accounting principles. Such records shall be kept for at least five years after the close-out report is submitted to the Department.

Department of Housing and Community Development 23 2019 PLHA Final Guidelines 208
(c) The Department or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to the PLHA grant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 504 70, subdivision (b )(2)(B)(ii)(III) and subdivision (b )(2)(B)(IV) and subdivision (b )(3 ).

Section 501. Audits/Monitoring of Project Files
(a) Grantee shall maintain PLHA files which, at a minimum, should include the following information and reports:
1) Project/Activity description
2) Land/site Information
3) Planning & zoning history (as appropriate)
4) Records of public hearings and public comments
5) Relocation needs (as appropriate)
6) Contracts, loan and grant agreements, Standard Agreement 7) Environmental records & reports/findings (as appropriate) 8) Design/engineering reports & plans (as appropriate)
9) Description of targeted beneficiaries, services to be provided, household incomes, special needs
10) PLHA Activity costs, invoices, purchase orders, sources and uses of funds for PLHA Activities, terms & conditions of financings, draws and all supporting documentation, change orders (as appropriate)
11 )Activity schedule and amendments
12) History of Plan amendments
13) Procurement policy used for PLHA Activity(ies)
(b) The grantee shall maintain such records for possible audit for a minimum of three years after the close-out report is submitted, unless a longer period of records retention is stipulated in the Standard Agreement.
(c) The grantee shall be responsible for monitoring Rental Housing Developments that received PLHA funds for the term of the loan, including, but not limited to, the Projects' compliance with the occupancy and rent requirements set forth in the Regulatory Agreement, compliance with reserve requirements, and the compliance with habitability standards.
(d) The grantee shall be responsible for monitoring AOWH loans to assure that the homes remain Owner-occupied.
(e) If requested by the Department, the grantee shall obtain a report from a qualified, Department of Housing and Community Development 24 2019 PLHA Final Guidelines 209
licensed third party that certifies to the amounts of disbursement and identifies the specific Activities for which the disbursements were made. Such a report is permitted to be a component of the A-133 audit.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(B)(ii)(IV) and subdivision (b )(3).

Section 502. Cancellation and Termination
(a) In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, the Department shall issue a notice to stop work. Immediately upon receiving the written notice to stop work, the grantee shall cease all work under the Standard Agreement.

The Department has the sole discretion to determine the grantee's compliance with the terms and conditions after issuance of a stop work order, and to deliver a written notice to the grantee to resume work under this Standard Agreement. (b) The Department shall terminate the Standard Agreement if the grantee is not in compliance with the Guidelines or the terms and conditions of the Standard Agreement. At least 30 days prior to the effective date of the termination of the Standard Agreement, the Department shall provide written notice to the grantee of its intent to cancel the funding allocation. The notice shall specify the reason for early termination and may permit the grantee or the Department to cure any deficiency(ies) prior to the early termination date. The grantee will submit requested documents to the Department within 30 days of the early termination notice. (c) Failure to meet reporting requirements will result in notice to the grantee that it must satisfactorily cure any deficiencies within three months of the notice or it will forfeit the following year's PLHA formula allocation and be ineligible for a competitive award. The Local government will forfeit subsequent PLHA formula allocations and be ineligible for a competitive award until the Department determines that the Local government has met reporting requirements.
(d) The Department may, as it deems appropriate or necessary, request the repayment of funds from a Local government or offset future years' funds, or pursue any other remedies available to it by law for failure to comply with the Guidelines and/or the terms and conditions of the Standard Agreement.
( e) Co-Applicants may be adversely impacted by a notice to stop work and/or termination if one grantee is deemed by the Department to not meet the terms and conditions of the Standard Agreement, or fails to meet the reporting requirements outlined in Section 503.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3).

Department of Housing and Community Development 25 2019 PLHA Final Guidelines 210
Section 503. Reporting
(a) The Department shall provide grantees with reporting formats and instructions. (b) Annual Reports are required from all grantees pursuant to HSC Section 50470(b)(2)(B)(ii)(III) each year by July 31 for the term of the Standard Agreement. The Annual Report shall document the uses and expenditures of all awarded allocations and outcomes achieved. This report must be signed by both the Local government's PLHA administrator and the Local government's City Manager (or his/her designee), or Chief Executive Officer (or his/her designee) or Chief Financial Officer ( or his/her designee ). The Annual Report must describe any proposed amendment(s) to the approved Activity and schedule.
(c) Upon expenditure of all allocated funds and completion of the Activities funded by PLHA, the grantee shall submit a close-out report, which will be part of the Annual Report.
(d) The Department may request additional information as needed to meet other applicable reporting or audit requirements.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(ii)(IV). 26 211

EXHIBITC
Measurable Outcomes
The following measurable outcomes should be achieved by end of the Agreement term date:

1. Provide service to an average of 50 people per year

2. Utilize local Homeless Management Information System (HMIS) for each Participant in the Program

3. Provide a report to the City each month with the following information:
a. Number of Participants Served (Unique Individuals)
b. Number of Participants Permanently Housed
c. Number of Participants having all three listed documents "Document Ready" (Acquired birth certificates, Identification cards, and social security cards. d. Number of Participants connected to Medi-Cal (Unique Individuals) e. Number of Participants connected to CalFresh (Unique Individuals) f. Number of Individuals assisted by Supportive/Case Management g. Total Number of unduplicated individuals assisted by project h. Number of individuals to exit to homelessness
i. Number of individuals to occupy newly constructed or rehabilitated permanent housing
j. Number of individuals to occupy newly constructed or rehabilitated transitional housing
k. Number of Seniors assisted (65 and older)
I. Number of veterans assisted
m. Number of disabled persons assisted
n. Number of families with minor children assisted
o. Number of transition aged youth 918-240 ASSISTED
p. Number of individuals permanently housed
Should the Contractor not meet the above measurable outcomes, The City reserves the right in its sole discretion to mandate a remediation plan.
27 212

EXHIBITD
Budget
Mission Merced fi!corporated Annual Budget Bridge House Navigati_l)!} Center Los Banos Ap_~ 1, 2~2-5 through Jun~~O, 2~p
·PERSONNEL
· - ····-"•-·•'•'··-- .. -
Service Coordinator (1.0)
House Manager (1)
Subto.tal
Benefits (Taxes, W /C & Health Ins)
Total Personnel Expenses

OPERATING
Rental
PG&E
• Telep~~ne/hl~met
\V_!lte~/~~wer/Garbage
Pest Control
Insurance
Vehicle Insurance
Vehic_l~ Gas
Operating Supplies
Co_mptJt_er So~e
Janitorial
Repairs & Maintenance
Food Stuff
pqiripi:,n~nt & Furniushings
Total ()perating
Subtotal
• Indirect Costs I 0%

TOTAL EXPENSES
28 2024-2025 2025-2026 :2026-2027
s •• •• ,is,ssa.11 $48:915.4aT $ si,361.25
"s,200.00 ,
54,786.17 rs
9,161.10 $
64,247.27 $
$ 3_1,800.00 $
$ 8,400.00 $
,S 3,275.01 $
$ 2,254.39 $
$ 540.00 $
~ 6,000.QO $
$ 1,738.50 $
$ 5,600.00 $
$ 6,sop.oo s
$ 2,0_! J.38 $
$ 3,500.00 $
$ 9,500.00 $
$ 22,721.!5 $
$ 1,500.,Q.0 $
$ 105,.140-t6 $
$ 169,587.73 $
$ 8,412.27 $
$s,s10:oo ! i 9,o4o.so ,,- - - · ......
57,525.48 i $ 60,401.75 i
9,934.16 ' $ 10,430.86 •
67,459.63 , $ 70,832.62
33,390.00 [J ~5,059.50
8,82.0,QO j $ 9,261,QO ,
3,138:79 ' $ },61Q,?~ ,
2,3~7,!J j $ 2,48_5,46 '
567.00 • $ 595.35
6,~QP0Q0 • $ 6,615 .00
l,82.5J3 $ 1,916.7_0
5,880.00 : $ 6,174.00
~,825.00 $ 7,166.25
2,I IJ.95 $ 2,217.5_5
3,675.00 $ 3,85_8.75
9,975.00 $ 10,473.75
23,857,?J $ 2?,050.07
l,5?~.00 $ l,653_J5
110,607.48 $,1_16,137.86
178,067.12 $186,970.47
8,832.88 $ 9,2.74.53
$ 178,000,00 $ 186,900.00 $196,245.00
213

EXHIBITE

ASSURANCE OF COMPLIANCE

NON-DISCRIMINATION IN STATE

AND FEDERALLY ASSISTED PROGRAMS

MISSION MERCED, INCORPORATED

VENDOR/RECIPIENT
HEREBY AGREES THAT it will comply with the Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular, Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-11139.5, as amended; California Government Code Section 12940 (c), (h) (I), (i), and U); California Government Code, Section 4450; Title 22, California Code of Regulations Section 98000-98413; the Dymally-Alatorre Bilingual Services Act; Section 1808 Removal of Barriers to Inter Ethnic Adoption Act of 1996 and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations [CFR] Parts 80, 84, and 91; 7 CFR Part 15; and 28 CFR Part 35), by ensuring that employment practices and the administration of public assistance and social services programs are non-discriminatory, to the effect that no person shall, because of age, sex, color, disability, national origin, race, marital status, religion, or political affiliation, be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVES US ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discriminate or defeating the objectives of the California Department of Social Services (COSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules, and regulations and permit authorized COSS and/or federal government personnel, during normal working hours to review such records, books, and accounts as needed to ascertain compliance. If there are any violations of this assurance, COSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.
29 214
THIS ASSURANCE is binding on vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.

Date

EXHIBITF
Mission Merced Incorporated
644 W. 20th St. Merced, CA 95340
HIP AA Business Associate Agreement
30 215
Contractor, as a Business Associate, as defined by the Health Insurance Portability and Accountability Act (HIP AA), shall comply with, and assist the City in complying with, the privacy and security requirements of HIP AA, codified at Title 42 USC 1320d et. seq., and its implementing regulations, including but not limited to Title 45 CFR, Parts 160, and 164, as amended from time to time, hereinafter collectively referred to as the "Privacy Rule." Terms used but not otherwise defined in this Addendum shall have the same meaning as those terms that are used in the Privacy Rule.

Business Associate agrees to:
(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
( c) Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
(d) In accordance with 45 CFR 164.502(e)(1 )(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
(e) Make available protected health information in a designated record set to the [Choose either "covered entity" or "individual or the individual's designee"J as necessary to satisfy covered entity's obligations under 45 CFR 164.524; (f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity's obligations under 45 CFR 164.526;
31 216
(g) Maintain and make available the information required to provide an accounting of disclosures to the [Choose either "covered entity" or "individual"] as necessary to satisfy covered entity's obligations under 45 CFR 164.528; (h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Date Mission Merced Incorporated
644 W. 20th St. Merced, CA 95340
32 217

THIS PAGE IS INTENTIONALLY LEFT BLANK
218
LOsBanos
d of l~fo 11
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Engineer and Dir...,..,,...,_,, Joe Heim, Parks and Recreation Director
DATE: April 16, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Accepting a Grant Deed for 9.52± acres located at Southpointe at Regency Park for a future park and storm basin for public use and authorizing the Interim City Manager to execute all required documents.

Recommendation:

That the City Council adopts the Resolution approving the acceptance of a Grant Deed for 9.52± acres located at Southpointe at Regency Park for a future park and storm basin for public use and authorizing the Interim City Manager to execute all required documents.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 6065. The subdivision was split into 11 phases and the Final Maps for these phases have all been approved by City of Los Banos City Council. The Final Development Plan included 9.52± acres within Southpointe at Regency Park for a future park and storm basin for public use, however, the developer maintains ownership of this area.

Discussion:

Per the Tentative Tract Map a 9.52± square foot area is required at Southpointe at Regency Park for a future park and basin for public use. The subject site is located north Pacheco High School, south future Northpointe Subdivision, east Ward Road and west of San Luis Canal, more specifically identified as Assessor Parcel No. 073-220-018, requires dedication to the City of Los Banos for a future park and storm basin for public use. The Grant Deed was reviewed and approved by a third-party consulting firm. Both 219
ITEM 12
the Planning and Public Works Department have reviewed and approved the dedication documents.

Fiscal Impact:

None.

Reviewed by:
~- ~ GaryBril. Interim City Manager
Attachments:

Resolution
Grant Deed Transfer (Copy)
Legal Description - Exhibit A
Location Map - Exhibit B
Preliminary Change of Ownership Report
Transfer Tax Affidavit
Site Map
220
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING GRANT DEED
OF 9.52+ ACRES LOCATED AT SOUTHPOINTE

AT REGENCY PARK FOR A FUTURE PARK AND

STORM BASIN FOR PUBLIC USE AND

AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE ALL REQUIRED DOCUMENTS FOR
THIS DEDICATION ACCEPTANCE.

WHEREAS, the Planning and Public Works Department, requests that the City Council of the City of Los Banos adopts the acceptance of a Grant Deed for 9.52± acres located at Southpointe at Regency Park for a future park and storm basin for public use. The land involved is more specifically, Assessor Parcel No. 073-220-018; and WHEREAS, per the Tentative Tract Map a 9.52± square foot area is required at Southpointe at Regency Park for a future park and basin for public use. The subject site is located north Pacheco High School, south future Northpointe Subdivision, east Ward Road and west of San Luis Canal, more specifically identified as Assessor Parcel No. 073-220-018, requires dedication to the City of Los Banos for a future park and storm basin for public use; and
WHEREAS, a 9.52± square foot area is being irrevocably offered for dedication for a future park and basin for public use to the City of Los Banos as described in Exhibit A and as shown on Exhibit B; and
WHEREAS, the City's Consulting Professional Land Surveyor has reviewed and approved the documents associated with the 9.52± square foot area that is being irrevocably offered for dedication for a future park and storm basin for public use as described in Exhibit A and shown on Exhibit B; and
WHEREAS, all information has been submitted to the City Council of the City of Los Banos for approval; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the dedication of the Grant Deed for 9.52± acres located at Southpointe at Regency Park for a future park and storm basin for public use. The land involved is more specifically, Assessor Parcel No. 073-220-018 and authorizes the Interim City Manager to execute all required documents for the acceptance of this dedication and the reimbursements associated with the dedication.
221
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of April, 2025, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT: APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
222
RECORDING REQUESTED BY:

When Recorded Mall Document
and Tax Statement To:

City of Los Banos
520J Street
Los Banos, Ca. 93635
SPACEl!J
Escrow No.:

Property Address:

Exempt from fee per GC 27388.1 (a)(2); This document is a transfer that is subject to Documentary Transfer Tax.

APN/Parcel 1D(s): 073-220-017-000

GRANT DEED
The undersigned grantor(s) declare(s)
• This transfer is exempt from the documentery transfer tax.

The grantee Is the United States or an agency or instrumentality thereof, a state or territory, or political subdivision thereof, R & T 11922.
□ the full value of the interest or property conveyed.
□ the full value less the liens or encumbrances remaining thereon at the time of sale.

The property is located In 0 the City of Los Banos.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stonefield Home, fnc., a Califomla corporation
hereby GRANT{S) to City of Los Banos, a municipal corporation the followlng described real property In the City of Los Banos, County of Merced, State of California:
see EXHIBIT ·A· ATTACHED HERETO AND MADE A PART HEREOF
PROPERTY COMMONLY KNOWN AS: A portion of Lot C of Tract 2015-01 Southpointe at Regency Park, Los Banos GtantDeed
SCA0000129.doc I Updated: 01.03.25

MAIL TAX STATEMENTS AS DIRECTED ABOVE
Printed: 02.20.25 0 08:18 AM
CA-FT .fFOM-01510.oei,o1.fFOM-3012200t86
223
APN/Parcel 1D(s): 073-220-017--000
Dated: February 20, 2025

GRANT DEED
(continued)
A notary public or other officer completing this certificate verifies only the identity of the individual Who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of C tl.\ ~ ( f\ l ~ County of ~c\
On ffiuch \7 '2P~ I before me, k~(\~ ~. \tD\'1\Q ':) . Notary Public, \ 1 (heQ insert name and title of th_! ~ffH.:_eJt, _ _
personally appeared -~~;:;..=~-..:,\\,..:·~D:;.;·b+L, :::::......:... ·· ~~-e.... = · ;.i.......,..._,_-_._-_--...,....:==~::_ ~~----- --• who proved to me on the basis f tisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Granll>nd
SCA0000129.doc I Updated: 01.03.25
i····-······· fj RECllN.4A, R081.ES f i Notary Pul:ilfc • Callfornia ~ z Merced County j Commission I 2511572 -
"-Y Comm. Expires Feb 8, 2029
Plfnted: 02.20.25@08:18AM
CA-FT-FFOM-o1510.Cl82301.fFOM-3012200186
224

EXHIBIT A

STORM DRAIN BASIN

LEGAL DESCRIPTION
All that certain real property situate, lying, and being a portion of Lot C as shown on the map of Tract 2015-01, Southpointe at Regency Park, filed in Book 81 of Official Plats, at Pages 20-24, Merced County Records, lying in a portion of Section 7, Township 10 South, Range 11 East, Mount Diablo Meridian, in the City of Los Banos, County of Merced, State of California, being described more particularly as follows:

BEGINNING at the southwest corner of the aforementioned Lot C; thence, along the west line of said Lot C, also being the easterly line of Ward Road, North 1°30'09" East 307.49 feet, to the beginning of a curve, concave to the west, having a radius of 215.00 feet and a central angle of 24°59'02"; thence, along the arc of said curve, continuing along the easterly line of said Ward Road, 93. 75 feet, to the beginning of a reverse curve, concave to the east, from which a radial bears North 66°31 '06" East, having a radius of 180.00 feet and a central angle of 24°40'51"; thence, along the arc of said curve, continuing along the easterly line of said Ward Road, 77.54 feet; thence, continuing along the easterly line of said Ward Road, North 1 ° 11 '58" East 459. 7 4 feet, to the beginning of a curve, concave to the southwest, having a radius of 598.00 feet and a central angle of 22°14'52"; thence, along the arc of said curve, continuing along the easterly line of said Ward Road, 232.20 feet, to the intersection of the easterly line of said Ward Road with a line lying 20 feet south {measured at a right angle) of the north line of said Lot C; thence, parallel with and 20 feet south (measured at a right angle) of the north line of said Lot C South 89°58'01" East 15.88 feet, to a point lying 50 feet southwesterly (measured at a right angle) from the northeasterly line of said Lot C; thence, parallel with and 50 feet southwesterly (measured at a right angle) of the northeasterly line of said Lot C, South 33°00'19" East 1407.06 feet, to a point on the south line of said Lot C; thence along said south line, North 88°30'48" West 727.89 feet, to the point of beginning.

Containing a total of 9.52 Acres, more or less.

This description was prepared by me or under my direct supervision. ~ ,ZS"n,e:zn5
Mi&?aelHaierrnan,pi. 040 Date
225
-- .,- SOUTHPOINTE
PHASE 6
84-0P-15
LUNA
COURT
-t6~ 263

SOUTH POINTE
/ PHASE 5
84-0P-12
72'
I 246
1 241 c:::i ~
-I- --f- ~, SOUTHPOINTE ....._
/ PHASE 4
84-0P-09
231

OVERLAND
AVENUE
SOUTH POINTE I PHASE 3
82-0P-44
~81 280
SOUTHtOINTE 54'
I PHASE 2
82-0P-41
{
;'
{

EASTERLY LINE OF

WARD ROAD PER
D.N. 2022-019725
__tjfi.6:_:J_( __ o-5 T{R)_

EXHIBIT B
LOT C
81-0P-20

SD BASIN

9.52 ACRES

EASTERLY LINE OF

WARD ROAD PER
81-0P-20

SOUTHWEST CORNER

LINE DATA TABLE

LINE BEARING DISTANCE
L1 S89"58'01 ''£ 15.88'

CURVE DATA TABLE

CURVE DELTA RADIUS LENGTH
Cf 24'59'02" 215.00' 93.75'
C2 24"40'51" 180.00' 17.54'
C3 22·14'52" 598.00' 232.20'
SCALE ~ 1" = 150'

OF LOT C
\r::=:---P_o~_N_TTO_F_B_Ei_GlNN._~N _ _G-:;;;~~~~ ~ ~------~~ -~ N88"30'4B"W 727.89'

SOUTH LINE OF LOT C LOS BANOS UNIFIED
DATE: 2/24/2025 9:56 FILE: M:\ 100025\Survey Drowings\SD BASIN\SD-BASIN.dwg SCHOOL DISTRICT ~ !~~~!!~~:!!!~ 1:1; G15BPYREIWAY, aurru, IIODESTO,CAl..utlflA, 115118 (208) i4HIOO

EXHIBIT B

STORM DRAIN BASIN
CnY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
DRAWN BY: SHA
DATE.· 2025-02-07
SHEET: 1 OF 1
JOB: 100025
226
BOE-502-A (P1) REV. 14 (05-18)

PRELIMINARY CHANGE OF OWNERSHIP REPORT ASSESSOR'S OFFICE To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located.

BARBARA J. LEVEY -ASSESSOR
2222 M STREET MERCED, CA 95340
Phone: (209) 385-7631 Fax: (209) 725-3956
WWW.CO.MERCED.CA.US

NAME AND MAILING ADDRESS
(Make necessary corrections to the printed name and mailing address r

CITY OF LOS BANOS
520 J STREET
LOS BANOS, CALIFORNIA 93635
L

STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
7 _J

ASSESSOR'S PARCEL NUMBER
073-220-018
SELLERrrRANSFEROR
STONEFIELD HOME, INC. BUYER'S DAYTIME TELEPHONE NUMBER
( 209 ) 827-7000 BUYER'S EMAILADDRESS

SOUTHPOINTE AT REGENCY PARK - PARK AND STORM BASIN AREA DYES IZ] NO This property is intended as my principal residence. If YES, please indicate the date of occupancy or intended occupancy.

D YES IZ] NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs?

MAIL PROPERTY TAX INFORMATION TO (NAME)

CITY OF LOS BANOS

MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CITY
520 J STREET LOS BANOS
PART 1. TRANSFER INFORMATION Please complete all statements.

This section contains possible exclusions from reassessment for certain types of transfers.

YES NO

MO DAY YEAR

STATE ZIP CODE
CA 93635
00 00
A This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc.). 0 0
0 0
0 □
0 B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.). [Z] * C. This is a transfer: 0 between parent(s) and child(ren) D from grandparent(s) to grandchild(ren). 0 * D. This transfer is the result of a cotenant's death. Date of death ___________ _ 0 * E. This transaction is to replace a principal residence owned by a person 55 years of age or older.

Within the same county? DYES D NO
[Z] * F. This transaction is to replace a principal residence b¥--~.person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? DYES LJ NO
0 G. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage). [Z]
If YES, please explain : _____ ___ _____ _________ _____________ _ H. The recorded document creates, terminates, or reconveys a lender's interest in the property. [Z] I. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: _____ ____________ __________ __ _ J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document.

K. This is a transfer of property:
00 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of D the transferor, and/or D the transferor's spouse O registered domestic partner. □ [Z]
00 0 0

2. to/froni an irrevocable trust for the benefit of the D creator/grantor/trustor and/or D grantor's/truster's spouse O grantor's/truster's registered domestic partner.

L. This property is subject to a lease with a remaining lease term of 35 years or more including written options.

M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. 0 [Z] N. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.
0 [Z] * 0 . This transfer is to the first purchaser of a new building containing an active solar energy system.

IL] D P. Other. This transfer is to The City of Los Banos for park and storm basin area for public use. * Please refer to the instructions for Part 1.

Please provide any other information that will help the Assessor understand the nature of the transfer.

THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
227
BOE-502-A (P2) REV. 14 (05-18)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.

A. Date of transfer, if other than recording date: _ _____ _ B. Type of transfer:

D Purchase D Foreclosure D Gift D Trade or exchange D Merger, stock, or partnership acquisition (Form BOE-100-B) D Contract of sale. Date of contract: ___ ____ D Inheritance. Date of death:

D Sale/leaseback O Creation of a lease D Assignment of a lease D Termination of a lease. Date lease began:

Original term in years (including written options):__ Remaining term in years (including written options):

IZ] Other. Please explain: Stonefield is dedicating to the City of Los Banos an area for park and storm basinfor public Lise."" c. Only a partial interest in the property was transferred. DYES D NO If YES, indicate the percentage transferred : % PART 3. PURCHASE PRICE AND TERMS OF SALE
A. Total purchase price
Check and complete as applicable.
1 $ -o.ooB. Cash down payment or value of trade or exchange excluding closing costs Amount $ ______ _ C. First deed of trust@ ___ % interest for ___ years. Monthly payment$._ _ _ ___ Amount $ _____ _ D FHA (__Discount Points) D Cal-Vet D VA {__Discount Points) D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D Balloon payment$.______ Due date: _____ _
D. Second deed of trust@ ___ % interest for ___ years. Monthly payment$______ Amount $ ______ _ D Fixed rate D Variable rate D Bank/Savings & Loan/Credit Union D Loan carried by seller D Balloon payment$______ Due date: _____ _
E. Was an Improvement Bond or other public financing assumed by the buyer? DYES_ D NO Outstanding balance $ _____ _ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ ______ _ G. The property was purchased: Through real estate broker. Broker name: ____ ___ __ Phone number: .,_( __ ,._) ___ _ D Direct from seller D From a family member-Relationship _______ _ _ D Other. Please explain:-------- ----- -------------------------- H. Please explain any special terms, seller concessions, broker/agent fees waived , financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property.

PART 4. PROPERTY INFORMATION Check and complete as applicable.

A. Type of property transferred
D Single-family residence
D Multiple-family residence. Number of units: __
ll] Other. Description: (i.e., timber, mineral, water rights, etc.) Park and Storm Basin
D Co-op/Own-your-own
D Condominium
D Timeshare
D Manufactured home
D Unimproved lot
D Commercial/Industrial
B. DYES ONO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.

If YES, enter the value of the personal/business property: $ _ _____ _ Incentives $ ______ _ C. DYES ONO A manufactured home is included in the purchase price.

If YES, enter the value attributed to the manufactured home: $ ______ _ DYES D NO The manufactured home is subject to local property tax. If NO, enter decal number:

D. DYES D NO The property produces rental or other income.

If YES, the income is from: D Lease/rent D Contract O Mineral rights D Other: _ ____________ _ E. The condition of the property at the time of sale was: 0Good Please describe:

Average

CERTIFICATION
I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief

SIGNATURE OF BUYER/TRANSFEREE OR CORPORATE OFFICER DATE ►
NAME OF BUYER/TRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT} TITLE Gary Brizzee on behalf of the City of Los Banos Interim City Manager The Assessor's office may contact you for additional information regarding this transaction.

TELEPHONE
( 209) 827-7056

EMAIL ADDRESS
[email protected]
228
BOE-502-A(P3) REV. 14 (05-18)

ADDITIONAL INFORMATION
Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20).

NOTICE: The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill.

NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter Assessor's Parcel Number, name of seller, buyer's daytime telephone number, buyer's email address, and street address or physical location of the real property.

NOTE: Your telephone number and/or email address is very important. If there is a question or a problem, the Assessor needs to be able to contact you.

MAIL PROPERTY TAX INFORMATION TO: Enter the name, address, city, state, and zip code where property tax information should be mailed. This must be a valid mailing address.

PRINCIPAL RESIDENCE: To help you determine your principal residence, consider (1) where you are registered to vote, (2) the home address on your automobile registration, and (3) where you normally return after work. If after considering these criteria you are still uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as your principal residence, and indicate the date of occupancy or intended occupancy.

DISABLED VETERAN: If you checked YES, you may qualify for a property tax exemption. A claim form must be filed and all requirements met in order to obtain the exemption. Please contact the Assessor for a claim form.

PART 1: TRANSFER INFORMATION
If you check YES to any of these statements, the Assessor may ask for supporting documentation.

C, D, E, F: If you checked YES to any of these statements, you may qualify for a property tax reassessment exclusion, which may allow you to maintain your property's previous tax base. A claim form must be filed and all requirements met in order to obtain any of these exclusions. Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be subject to federal gift tax. You make a gift if you give property (including money), the use of property, or the right to receive income from property without expecting to receive something of at least equal value in return. The transferor (donor) may be required to file Form 709, Federal Gift Tax Return, with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount.

G: Check YES if the reason for recording is to correct a name already on title [e.g., Mary Jones, who acquired title as Mary J. Smith, is granting to Mary Jones]. This is not for use when a name is being removed from title.

H: Check YES if the change involves a lender, who holds title for security purposes on a loan, and who has no other beneficial interest in the property.
"Beneficial interest" is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell, mortgage, or lease the property to another. A beneficial interest can be held by the beneficiary of a trust, while legal control of the trust is held by the trustee.

I: A "cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an agreement with the lender stating that if the borrower fails to repay the loan, the cosigner will assume legal liability for it.

M: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited liability companies. Check YES only if the interest held in each and every parcel being transferred remains exactly the same.

N: Check YES only if this property is subject to a government or nonprofit affordable housing program that imposes restrictions.

Property may qualify for a restricted valuation method (i.e., may result in lower taxes). 0: If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all requirements met in order to obtain the exclusion. Contact the Assessor for a claim form.

PART 2: OTHER TRANSFER INFORMATION
A: The date of recording is rebuttably presumed to be the date of transfer. If you believe the date of transfer was a different date (e.g., the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer date. If it is not the date of recording, the Assessor may ask you for supporting documentation.

B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a separate sheet if necessary.

C. If this transfer was the result of an inhertiance following the death of the property owner, please complete a Change in Ownership Statement, Death of Real Property Owner, form BOE-502-D, if not already filed with the Assessor's office. 229
BOE-502-A (P4) REV. 14 (05-18)
PART 3: PURCHASE PRICE AND TERMS OF SALE
It is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors in determining the assessed value of the property, which is used to calculate your property tax bill. Your failure to provide any required or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes.

A. Enter the total purchase price, not including closing costs or mortgage insurance. "Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or .a private mortgage insurer.

B. Enter the amount of the down payment, whether paid in cash or by an exchange. If through an exchange, exclude the closing costs. "Closing costs" are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller, which include title searches, lawyer's fees, survey charges, and document recording fees.

C. Enter the amount of the First Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.

A "balloon payment" is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment.

D. Enter the amount of the Second Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.

E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding balance, and mark the applicable box.

An "improvement bond or other public financing" is a lien against real property due to property-specific improvement financing, such as green or solar construction financing, assessment district bonds, Mello-Roos (a form of financing that can be used by cities, counties and special districts to finance major improvements and services within the particular district) or general improvement bonds, etc. Amounts for repayment of contractual assessments are included with the annual property tax bill.

F. Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price.

G. If the property was purchased through a real estate broker, check that box and enter the broker's name and phone number. If the property was purchased directly from the seller (who is not a family member of one of the parties purchasing the property), check the "Direct from seller" box. If the property was purchased directly from a member of your family, or a family member of one of the parties who is purchasing the property, check the "From a family member" box and indicate the relationship of the family member (e.g., father, aunt, cousin, etc.). If the property was purchased by some other means (e.g., over the Internet, at auction, etc.), check the "OTHER" box and provide a detailed description (attach a separate sheet if necessary).

H. Describe any special terms (e.g. , seller retains an unrecorded life estate in a portion of the property, etc.), seller concessions (e.g. , seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the broker/agent for either the buyer or seller), financing, buyer paid commissions, and any other information that will assist the Assessor in determining the value of the property.

PART 4: PROPERTY INFORMATION
A. Indicate the property type or property right transferred. Property rights may include water, timber, mineral rights, etc.

B. Check YES if personal, business property or incentives are included in the purchase price in Part 3. Examples of personal or business property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships (golf, health, etc.), ski lift tickets, homeowners' dues, etc. Attach a list of items and their purchase price allocation. An adjustment will not be made if a detailed list is not provided.

C. Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being subject to property taxes, check NO and enter the decal number.

D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the source of that anticipated income. Check NO if the property will not generate income, or was purchased with the intent of being owner-occupied.

E. Provide your opinion of the condition of the property at the time of purchase. If the property is in "fair" or "poor" condition, include a brief description of repair needed.
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:

MEfiCED~- BARBARA J. LEVEY

COUNTY OF MERCED

ASSESSOR-CLERK-RECORDER

DOCUMENTARY TRANSFER TAX AFFIDAVIT

RECORDER
2222 ''M" Street
Merced, CA 95340
(209) 385-7627
(209) 385-7626 Fax
www.co.mercedca.us
co uNTY

WARNING

ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF

AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5.20 OF ORDINANCE 1929 OF THE COUNTY OF MERCED AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.

ASSESSOR'S PARCEL NO. _0_7_3_-2_2_0_-0_1_8 _ _____ I declare that the documentary transfer tax for this Property Address: Southpointe at Regency Park- park and storm basin area transaction is: $-0- - - -----
If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.

I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code}. Please check one or explain in "Other'~

1. __ Section 11911 The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor.

2. Section 11921 The conveyance was given to secure a debt, provided the proportional ownership will revert --- back to the original holding within one month of recording

3. ✓ Section 11922 The conveyance is to a governmental entity or political subdivision. ---

4. ___ Section 11923 Conveyance under bankruptcy Federal Case No. _____ ___ _

5. Section 11924 Transfer by order of the Securities and Exchange Commission Case No. --- --------

6. ___ Section 11925 The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held.

IS THIS A TRANSFER BE1WEEN LEGAL ENTITIES? □ Yes IQ'! No IF YES, TRANSFERS INVOLVING LEGAL ENTITIES MUST PROVIDE, DOCUMENTATION AT THE TIME OF RECORDING.

SOME EXAMPLES ARE LISTED BELOW.

Entity ownership documentation is required if you are a:
~ Corporation - A copy of the Articles of Incorporation amendments and any other documents L--y' showing the shares issued and share ownership; or ~ LLC - A copy of the Operating Agreement, amendments, and any other documentation showing L--y' the partners and ownership/percentage; or
For Recorder's Use:

MCR 11911 (Rev. 04/17)
Partnership - A copy of the Partnership Agreement, Amendments and any other documents showing the partners and ownership percentage.
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7. Section 11926 The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt.

8. Section 11927 The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.)

9. Section 11930 The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Additionally, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form709 (Federal Gift Tax Return) with the Internal Revenue Service.

10. The easement is not perpetual, permanent, or for life.

11. The document is a lease for a term of less than (35) years (including written options.)

12. Other (Include explanation and legal authority)
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed this ---- day of
- - ---------
Signature of Affiant/ Authorized Representative
City of Los Banos
Name of Firm (if applicable)
, 2025 at Los Banos
City, State
Printed Name of Affiant/ Authorized Representative
520 J Street, Los Banos, California 93635
Address of Affiant (including City, State, and Zip Code) (209) 827-7000
Telephone Number of Affiant (including area code)
This form is subject to the California Public Records Act (Government Code 6250 et. seq.) 232
SITE MAP: SOUTHPOINTE PARK & BASIN
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Los Banos City CouncilApril 16, 2025

Los Banos City Council
April 16, 2025