LOs Banos
At the Crossroads of Cal~fornia
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MAY 7, 2025-6:00 PM
Live stream on You Tube 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 atender o participar en esta junta por favor flame 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 artfcu/o en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion 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 on the City's website at the following link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - May 7, 2025 Page 1 of4
1 1. CALL TO ORDER - May 7, 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 National Day of Prayer.
B. Proclamation Recognizing Los Banos Police Explorer POST #864 C. Proclamation Recognizing the 56th Annual Professional Municipal Clerks Week.
D. Certificate of Recognition - Employee of the Month for April 2025-Alexander Valdez, Community Services Officer, Police Department.
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 #250995 - #251447 in the Amount of $2,493,611 .13.
Recommendation: Approve the check register as submitted.
B. Measure H Citizens' Oversight Committee Report.
Recommendation> Accept the report as submitted.
C. Measure P Oversight Committee Report.
Recommendation: Accept the report as submitted.
Los Banos City Council Agenda - May 7, 2025 Page 2 of4
2 pgs. 5-10
pgs. 11-18
pgs. 19-24
pgs. 25-32
D. City Council Resolution No. 6923 - Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF) and to Revise the List of Authorized Signers for the City of Los Banos.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6924 - Amending the Fiscal Year 2024-2025 Budget by Increasing Revenue in the Amount of $785,000 and Expenditures in the Amount of $510, 150 as it Pertains to Building Department Services.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6925 -Amending Division 5 - Personnel Benefits as it Pertains to Notary Public Certification Pay, Project Management Professional Certification Pay, Water/Wastewater Certificate Pay, Heavy/Special Equipment Operator Differential Pay, and Refuse Collection Pay for Unrepresented Miscellaneous Employees.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6926 - Confirming the Appointment of William A.
Vaughn as City Attorney and Approving Agreement for City Attorney Services in the Amount of $14,700 a Month Retainer.
Recommendation: Adopt the resolution as submitted.
8. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6927 - AUTHORIZING THE 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.
Recommendation: Receive the staff report and adopt the resolution as submitted.
9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6928 -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.
Recommendation: Receive the staff report and adopt the resolution as submitted.
10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6929 - AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
IMPLEMENTATION OF THE LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN
BETWEEN THE CITY OF LOS BANOS AND LOS BANOS DOWNTOWN
ASSOCIATION THROUGH DECEMBER 31, 2034.
Recommendation: Receive the staff report and adopt the resolution as submitted.
Los Banos City Council Agenda - May 7, 2025 Page 3of4
3 pgs. 33-38
pgs. 39-42
pgs. 43-60
pgs. 61-74
pgs. 75-90
pgs. 91-98
pgs. 99-156
11. COUNCIL MEMBER REQUEST - Discussion Regarding the Mobile Vendor Ordinance (Council Member Chavez).
Recommendation: Receive staff report and direction on how to proceed.
12. APPOINTMENT OF MEMBERS TO THE FOLLOWING COMMISSIONS:
A. Measure H Citizens' Oversight Committee
One (1) Two (2) Year Term - Expiring December 31, 2026.
B. Tree Commission
One (1) Unexpired Term - Expiring December 31, 2025.
Two (2) Two (2) Year Terms - Expiring December 31, 2026.
Recommendation: Appoint commissioners to fill the vacancies.
13. CITY DEPARTMENT REPORTS.
Recommendation: Informational item only, no action to be taken.
14. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
15. CITY COUNCIL MEMBER REPORTS.
A. Marcus Chavez - District 3
B. Deborah Lewis - District 4
C. {vacant]- District 1
D. Evan Sanders - District 2
E. Michael Amabile - Mayor
16. CLOSED SESSION - Public Employment; Title: City Attorney, Pursuant to Government Code Section 54957(b).
17. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~ f .~~•QLucille L. Mallonee, City Clerk Dated this 2nd day of May 2025 Los Banos City Council Agenda - May 7, 2025 Page 4 of4
4 pgs. 157-168
pgs. 169-171
LOsBanos
At the Crossroads of California
PROCUAIATlON RECOGNIZING
NATIONAL .DAY OF PRAYER
WBERE4S, "In God We Trust"' is mo1fe fh@n a slogan that tqJpears on our currency; it describes an attitude shared by most of those who founded our great Natfon; and
WHEREAS, those who trust God pmy and the history of our country h@s been «nd continues to be indelibly marked by peQple who come to God in prayer; and WHEREAS, while pmyer is a deeply personal experieru;e and its expression. is shaped by different reli9fous convictions,. it is a meanin9fld pan of life for many pe~ple;:
and
WHEREA.S, our greatest leaders have always turned to prayer in times of crisis . , , ' . tknd rruJJ1nry men and women representing eV.e,ry walk of life pray; and WHER&4S. the President and the Govenrw:1rs of the United States have set aside a sp£cifb.l day of prayer and invite aPi Catifomians ta pray for our Nation and tJiU1f St@te.
NOWi THERE,FORE, BE lT PROCLAIMED that the Mayo1r and City Counciil Membe'Jfs of the City of Los Banos do heYeby p,roclaim Thu.,-sday, May 1, 2025, as NATIONAL DAY OF PRAYER in Los &nos and eneoumge ou:r fellow citizens to humbly john us in pmyer, asking that God would gi1i)e· His people wisdom fo differentiate between what is imp,rrl.cm:t arnd what is 1fWjf!,, the· cci1um9e to make diffu;u'lrt decisions, a willingness to ask for tutd to receive forgiveness,. and the st:rength to meet the charlelfl;ges that come before us.
In witness whereof, J have hereunto set my
hand and caused ta he affixed the seal of the
City oJ Los Banos, this 7th day o.f May 2025.
APPROVED:
Michael S. Amabile, Mayor
ATfEST:
Lucille L. Mallonee,. City Clerk
5 ITEM 5
LOs Banos
Al thr Crossroads of California
PROCLAMATION RECOGNIZING
LOS BANOS POUCE EXPLORER POST #864
WHEREAS, law enforcement exploring, commonly referred to as Police Explorers, is an American vocational educational program that allows local youth to explore a career in law enforcement by working with local law enforcement officers; and WHEREAS, the Law Enforcement Explorer Program was founded on July 12, 1937 as an affiliate of the Boy Scouts of America. The program is available to qualified local youth between the ages of 14 and 20; and
WHEREAS, the Los Banos Police Explorer Post #864 has been an active program in our community since the 1990s. Our Police Explorers participate in the following; weekly trainings covering various law enforcement topics, ride-alongs with our patrol staff, community services events, and conferences and competitions; and
WHEREAS, on April 5, 2025, Los Banos Police Explorer Post #864 participated in the 2025 Merced County Law Explorer Competitio where our Explorers competed against all of the Explorer Posts in Merced County; and
WHEREAS, our Explorers scored 1st Place in the Felony Vehicle Stop, 1st Place in Domestic Violence Investigation, 1st Place in Team Tug-of-War, 2nd Place in Suspicious Person Call, and 3rd Place in the Female Obstacle Course; and
WHEREAS, the City of Los Banos and the Los Banos Police Department are committed to providing a comprehensive training program focusing on leadership, competition, character development, good citizenship and service to the community.
NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby recognize and congratulate the Explorers and trainers of Los Banos Police Explorer Post #864 on their accomplishments at the 2025 Merced County Law Explorer Competition. The dedication, effort and commitment to the law enforcement field by these youth is much admired.
In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of the
City of Los Banos, this 7th day of May 2025.
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
6 LOsBanos
At thr Crossroads of California
PROCLAMATION RECOGNIZING
THE 56TH ANNUAL
PROFESSIONAL MUNICIPAL CLERKS WEEK
WHEREAS, the Office of the Professional Munidpal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Professional Munidpal Clerk is the oldest among public servants; and
WHEREAS, the Office of the Professional Munidpal Clerk provides the professional link between the citizens, the local governing bodies and agendes of government at other levels; and
WHEREAS, Professional Munidpal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Professional Munidpal Clerk serves as the information center on functions of local government and community; and
WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Munidpal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Professional Munidpal Clerk.
NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Coundl Members of the City of Los Banos do hereby recognize the week of May 4 through 10, 2025, as Professional Munidpal Clerks Week and further extend appredation to our Professional Munidpal Clerks Lucy Mallonee and Sara Blevins for the vital services they peiform and their exemplary dedication to the community they represent.
In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of the
City of Los Banos, this 'J1h day of May 2025.
APPROVED:
Michael S. Amabile, Mayor
AITEST:
Lucille L. Mallonee, City Clerk
7 8
CERTIFICATE OF RECOGNITION
<Presented rJ'o
Alexander Valdez
Community Services Officer - Police Department
In recognition of your outstanaing peiformance and deaicated service to tfie City of Los (}3anos and for 6eing named "P,mpfoyee of tlie <M_ontfi "for Jlpri{ 2025 :Micliae{ S. jlma6ife, :Mayor
(J)atea: :May 7, 2025
~ ··~ LOs Banos .., At the Crnssroads rif Cal/fomia
9 10
CK# 250995 - # 251447 05/07/2025 $2,493,611.13
Los Banos ii tile Crnssmads of Cal(f,.>.-ni~
Check Number Payment Date Vendor Module Payment Type Payment Amount 250995 04/11/2025 Apex Annex Health Center, Inc. Accounts Payable Check 1,552.00 250996 04/11/2025 APLPD Holdco, Inc. Accounts Payable Check 348.86 250997 04/11/2025 Salvador Castaneda Accounts Payable Check 172.00 250998 04/11/2025 Marcus Chavez Accounts Payable Check 194.19 250999 04/11/2025 City of Merced Accounts Payable Check 120.00 251000 04/11/2025 Pamela Patricia Garcia Accounts Payable Check 1,620.00 251001 04/11/2025 Ashley Greco Accounts Payable Check 24.00 251002 04/11/2025 Phil Jacob Accounts Payable Check 1,110.00 251003 04/11/2025 Ramon McDonald Accounts Payable Check 172.00 251004 04/11/2025 Merced CLEO Accounts Payable Check 150.00 251005 04/11/2025 Merced MRI Medical Group Accounts Payable Check 65.00 251006 04/11/2025 Chetna Patel Accounts Payable Check 24.00 251007 04/11/2025 Rui Pimentel Accounts Payable Check 172.00 251008 04/11/2025 Abel Rodriguez Accounts Payable Check 172.00 251009 04/11/2025 Diana Romo Accounts Payable Check 24.00 251010 04/11/2025 Domingo Sandoval Accounts Payable Check 2,620.00 251011 04/11/2025 Jennifer Topete Accounts Payable Check 1,377.00 251012 04/11/2025 Law Offices of William A Vaughn Accounts Payable Check 7,410.14 251013 04/11/2025 Agee Construction Corporation Accounts Payable Check 539,786.20 251014 04/11/2025 Amsoil Inc. Accounts Payable Check 2,635.70 251015 04/11/2025 Anthony Gomes Accounts Payable Check 3,157.74 251016 04/11/2025 AT&T Accounts Payable Check 334.58
251017 04/11/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 323.00 251018 04/11/2025 Boot Barn Accounts Payable Check 517.01 251019 04/11/2025 Brinks Inc. Accounts Payable Check 951.61 251020 04/11/2025 BSK Associates Accounts Payable Check 900.18 251021 04/11/2025 BWR Tools LLC Accounts Payable Check 1,419.13 251022 04/11/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 1,121.00 251023 04/11/2025 Core Business Interiors Accounts Payable Check 8,246.83 251024 04/11/2025 Central Sanitary Supply, LLC Accounts Payable Check 1,007.61 251025 04/11/2025 Clark Pest Control Inc Accounts Payable Check 98.00 251026 04/11/2025 Comcast Accounts Payable Check 275.98 251027 04/11/2025 Copy Shipping Solutions Accounts Payable Check 728.63 251028 04/11/2025 Jason Conner Accounts Payable Check 325.00 251029 04/11/2025 Marissa Contreras Accounts Payable Check 350.00 251030 04/11/2025 Dispensing Technology Corporation Accounts Payable Check 486.15 251031 04/11/2025 Dos Palos Publishing Company Accounts Payable Check 480.00 251032 04/11/2025 DroneSense, Inc. Accounts Payable Check 4,800.00 251033 04/11/2025 Electric Drives Inc Accounts Payable Check 6,129.60 251034 04/11/2025 Employment Development Dept Accounts Payable Check 364.22 251035 04/11/2025 Federal Express Corporation Accounts Payable Check 98.93 251036 04/11/2025 Fun Express LLC Accounts Payable Check 3,529.51 251037 04/11/2025 Gouveia Engineering Inc. Accounts Payable Check 10,059.93 251038 04/11/2025 Grainger Parts Operations Accounts Payable Check 1,355.42 251039 04/11/2025 Francisco Gonzales Accounts Payable Check 6.00 251040 04/11/2025 Halcyon Creek Inc. Accounts Payable Check 1,395.00 251041 04/11/2025 Holt of California Accounts Payable Check 651.38 251042 04/11/2025 Samantha Hildalgo Accounts Payable Check 350.00 251043 04/11/2025 Genesis Hurtado Accounts Payable Check 350.00 11 ITEM 7A
251044 04/11/2025 Lawson Products, Inc. Accounts Payable Check 106 .78
251045 04/11/2025 Mark Thomas & Company. Inc. Accounts Payable Check 18,451.95 251046 04/11/2025 Marfab Inc Accounts Payable Check 280.49 251047 04/11/2025 Martin Marietta Materials, Inc. Accounts Payable Check 629.05 251048 04/11/2025 McCrometer Inc. Accounts Payable Check 884.00 251049 04/11/2025 MC Industries Inc. Accounts Payable Check 1,714.98 251050 04/11/2025 Merced County Regional Waste Management Authority Accounts Payable Check 6,309.88 251051 04/11/2025 Merced Truck & Trailer Inc Accounts Payable Check 1,576.19 251052 04/11/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 168.52 251053 04/11/2025 NDN International LLC Accounts Payable Check 324.75 251054 04/11/2025 O'Dell Engineering Accounts Payable Check 4,890 .00
251055 04/11/2025 Jay Ogas Accounts Payable Check 178
.16
251056 04/11/2025 OSE Accounts Payable Check 398
.03
251057 04/11/2025 Old Dominion Brush Company, Inc. Accounts Payable Check 62,498.23 251058 04/11/2025 David Oliveira Accounts Payable Check 2,821.00 251074 04/11/2025 O'Reilly Auto Parts Accounts Payable Check 1,947.02 251075 04/11/2025 OTC Brands, Inc. Accounts Payable Check 70.81 251076 04/11/2025 PG&E Company Accounts Payable Check 9.52 251077 04/11/2025 Pace Supply Corp. Accounts Payable Check 1,679.25 251078 04/11/2025 Phoenix Group Information Systems Accounts Payable Check 2,039.11 251079 04/11/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 961.60 251080 04/11/2025 Protech Security & Electronics, Inc. Accounts Payable Check 391.01 251081 04/11/2025 Quality Logo Products, Inc. Accounts Payable Check 623.22 251082 04/11/2025 Ranchwood Homes Accounts Payable Check 8,785.28 251083 04/11/2025 Yuri Sagastume Accounts Payable Check 925.00 251084 04/11/2025 Save Mart Supermarkets Accounts Payable Check 69.63 251085 04/11/2025 Scott's PPE Recon Inc. Accounts Payable Check 420.50 251086 04/11/2025 Sherwin Williams Co Accounts Payable Check 45.24 251087 04/11/2025 Frank Silveria Accounts Payable Check 240.00 251088 04/11/2025 Sorensens True Value Accounts Payable Check 1,298.64 251090 04/11/2025 Stantec Consulting Services, Inc. Accounts Payable Check 805 .50
251091 04/11/2025 Thirkettle Corporation Accounts Payable Check 383 .00
251092 04/11/2025 Tractor Supply Credit Plan Accounts Payable Check 543.67 251093 04/11/2025 Tyler Technologies, Inc. Accounts Payable Check 435.00 251094 04/11/2025 United Site Services, Inc. Accounts Payable Check 133.25 251095 04/11/2025 Valley Entry Systems, Inc. Accounts Payable Check 1,481.56 251096 04/11/2025 Verizon Wireless Accounts Payable Check 2,009.32 251097 04/11/2025 Westside Water Conditioning Accounts Payable Check 38.50 251098 04/11/2025 West Publishing Corporation Accounts Payable Check 1,470.57 251099 04/11/2025 Williams Scotsman, Inc. Accounts Payable Check 23,237.70 251100 04/11/2025 Windecker Inc Accounts Payable Check 28,269.67 251101 04/11/2025 Young's Air Conditioning Accounts Payable Check 2,334.00 251102 04/11/2025 Estefany Cerna Zepeda Utility Billing Check 112 .25
251103 04/11/2025 Kathy Contreras Utility Billing Check 8.25 251104 04/11/2025 Ernest & Delia Sanchez Utility Billing Check 8.25 251105 04/11/2025 Kay Yribarren Utility Billing Check 173.76 251106 04/11/2025 Pankaj Dixit Utility Billing Check 108.99 251107 04/11/2025 5950 West Jefferson LLC Utility Billing Check 91.32 251108 04/11/2025 MHP Builders Inc Utility Billing Check 178.79 251109 04/11/2025 D.R. Horton Utility Billing Check 178 .79
251110 04/11/2025 D.R. Horton Utility Billing Check 178 .79
251111 04/1172025
D.R. Horton Utility Billing Check 178.79
251112 04/11/2025 Mark Williams Utility Billing Check 53.75 251113 04/11/2025 Victoria Marie Aguirre Utility Billing Check 37.50 251114 04/11/2025 Britni E McCarty Utility Billing Check 63.40 251115 04/11/2025 lness Lopez Utility Billing Check 103.62 251116 04/11/2025 Aden A. Ortega Utility Billing Check 37.50 251117 04/11/2025 MHP Builders Inc Utility Billing Check 160.09 12 251118 04/11/2025 D.R. Horton Utility Billing Check 161.06 251121 04/18/2025 Aflac-Customer Service Accounts Payable Check 186.93 251122 04/18/2025 AFSCME District Council 57 Accounts Payable Check 1,646.73 251123 04/18/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,612.62 251124 04/18/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,917.00 251125 04/18/2025 Franchise Tax Board Accounts Payable Check 1,340.24 251126 04/18/2025 Los Banos Fitness & Racquet Club Accounts Payable Check 175.00 251127 04/18/2025 Los Banos Police Assn Accounts Payable Check 910.00 251128 04/18/2025 Los Banos Police Assn. Accounts Payable Check 280.00 251129 04/18/2025 Merced County Sheriff Accounts Payable Check 200.00 251130 04/18/2025 MissionSq ua re Accounts Payable Check 450.00 251131 04/18/2025 MissionSq ua re Accounts Payable Check 11,137.50 251132 04/18/2025 Nationwide Retirement Solutions Accounts Payable Check 3,731.49 251133 04/18/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.15 251134 04/18/2025 State Disbursement Unit Accounts Payable Check 1,183.50 251135 04/18/2025 Ronny's Inc. Accounts Payable Check 85,240.49 251138 04/18/2025 Ronny's Inc. Accounts Payable Check 7,377.01 251140 04/18/2025 Anabasis LLC Accounts Payable Check 236,235.75 251141 04/18/2025 Apex Annex Health Center, Inc. Accounts Payable Check 693.00 251142 04/18/2025 Joe Heim Accounts Payable Check 452.80 251143 04/18/2025 Brent Kuhn Accounts Payable Check 14,850.00 251144 04/18/2025 Laboratory Corporation of America Holdings Accounts Payable Check 283.50 251145 04/18/2025 Liebert Cassidy Whitmore Accounts Payable Check 5,062.50 251146 04/18/2025 Raymond Lopez Accounts Payable Check 309.23 251147 04/18/2025 Merced County Spring Fair Accounts Payable Check SO.DO 251148 04/18/2025 Miracle Playsystems, Inc. Accounts Payable Check 9,218.20 251149 04/18/2025 Vincent Rizzo Accounts Payable Check 309.23 251150 04/18/2025 Ronny's Inc. Accounts Payable Check 7,200.00 251151 04/18/2025 State Water Resources Control Board Accounts Payable Check 149.00 251152 04/18/2025 Brian Thompson Accounts Payable Check 67.42 251153 04/18/2025 Law Offices of William A Vaughn Accounts Payable Check 5,898.50 251154 04/18/2025 Anderson Pump Company Inc Accounts Payable Check 64,102.22 251155 04/18/2025 Anthony Gomes Accounts Payable Check 214.10 251156 04/18/2025 AT&T Mobility Accounts Payable Check 782.83 251157 04/18/2025 AT&T Accounts Payable Check 964.69
251158 04/18/2025 Dorothy June Baker Accounts Payable Check 410.39 251159 04/18/2025 Beacon Athletics LLC Accounts Payable Check 128.33 251160 04/18/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 243.00 251161 04/18/2025 Bound Tree medical LLC Accounts Payable Check 27.14 251162 04/18/2025 BSK Associates Accounts Payable Check 2,386.80 251163 04/18/2025 Capital Rivers, Inc Accounts Payable Check 27,500.00 251164 04/18/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 73.26 251165 04/18/2025 Cintas Corporation No.2 Accounts Payable Check 347.74 251166 04/18/2025 Central Valley Concrete Inc. Accounts Payable Check 710.14 251167 04/18/2025 Comcast Accounts Payable Check 146.60 251168 04/18/2025 CSG Consultants Inc. Accounts Payable Check 128,946.91 251169 04/18/2025 Lamar A. Cummings Accounts Payable Check 60.00 251170 04/18/2025 Charleston Parent Club Accounts Payable Check SOD.OD 251171 04/18/2025 D & D Pest Control Accounts Payable Check 163.00 251172 04/18/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 251173 04/18/2025 Dos Palos Publishing Company Accounts Payable Check 230.00 251174 04/18/2025 Dept of Housing & Community Development State NSP Accounts Payable Check 12,871.00 251175 04/18/2025 Dept of Transportation Accounts Payable Check 8,672.54 251176 04/18/2025 Amber Dicochea Accounts Payable Check 300.00 251177 04/18/2025 EMC Planning Group Inc Accounts Payable Check 1,317.15 251178 04/18/2025 Fast Track Car Wash Accounts Payable Check 441.00 251179 04/18/2025 Fehr & Peers Accounts Payable Check 1,362.50 251180 04/18/2025 Ferrellgas, Inc. Accounts Payable Check 1,512.32 13 251181 04/18/2025 Fields Outdoor Adventures LLP Accounts Payable Check 5,000.00 251182 04/18/2025 Food 4 Less Accounts Payable Check 359.04 251183 04/18/2025 Fun Express LLC Accounts Payable Check 397.64 251184 04/18/2025 First Responders Resiliency, Inc. Accounts Payable Check 4,998.00 251185 04/18/2025 GoTo Communications, Inc. Accounts Payable Check 3,853.87 251186 04/18/2025 Granite Construction Inc Accounts Payable Check 2,651.07 251187 04/18/2025 Anthony E. Hernandez Accounts Payable Check 50.00 251188 04/18/2025 Jorgensen & Sons Inc. Accounts Payable Check 493.14 251189 04/18/2025 Kimball Midwest Accounts Payable Check 1,068.51 251190 04/18/2025 Krazan & Associates Accounts Payable Check 5,820.00 251191 04/18/2025 Legend Theatrical Accounts Payable Check 17,676.71 251192 04/18/2025 Los Banos Coffee Company LLC Accounts Payable Check 50.00 251193 04/18/2025 Los Banos Congregation Accounts Payable Check 500.00 251194 04/18/2025 Jessica Lugo Accounts Payable Check 350.00 251195 04/18/2025 M & C Bliss Enterprises Inc Accounts Payable Check 8,764.90 251196 04/18/2025 Tires to you Inc Accounts Payable Check 1,549.05 251197 04/18/2025 Marfab Inc Accounts Payable Check 274.04 251198 04/18/2025 Merced Chevrolet Inc. Accounts Payable Check 1,328.64 251199 04/18/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 129.67 251200 04/18/2025 NDN International LLC Accounts Payable Check 4,272.17 251201 04/18/2025 O'Reilly Auto Parts Accounts Payable Check 715.07 251202 04/18/2025 PG&E Company Accounts Payable Check 123,088.40 251203 04/18/2025 Pace Supply Corp. Accounts Payable Check 4,074.95 251204 04/18/2025 Peninsula Clean Energy Authority Accounts Payable Check 6,518.86 251205 04/18/2025 Pete Grove Accounts Payable Check 50.00 251206 04/18/2025 PlaceWorks, Inc. Accounts Payable Check 2,183.00 251207 04/18/2025 Protech Security & Electronics, Inc. Accounts Payable Check 640.00 251208 04/18/2025 Quality Logo Products, Inc. Accounts Payable Check 1,576.30 251209 04/18/2025 R & S Erection Tri-County Inc. Accounts Payable Check 674.58 251210 04/18/2025 Razzari Dodge Chrysler Jeep Accounts Payable Check 1,634.71 251211 04/18/2025 Ronny's Inc. Accounts Payable Check 65,306.05 251212 04/18/2025 Isabel Reid Accounts Payable Check 350.00 251213 04/18/2025 SJVAPCD Accounts Payable Check 577.00 251214 04/18/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 2,429.78 251215 04/18/2025 Safety-Kleen Systems, Inc. Accounts Payable Check 3,092.26 251216 04/18/2025 Yuri Sagastume Accounts Payable Check 1,950.00 251217 04/18/2025 Sherwin Williams Co Accounts Payable Check 4,971.23 251218 04/18/2025 Smith & Loveless Inc Accounts Payable Check 3,931.20 251219 04/18/2025 Sorensens True Value Accounts Payable Check 1,917.58 251221 04/18/2025 South Bay Regional Public Training Consortium Accounts Payable Check 249.00 251222 04/18/2025 Superior Pool Products, LLC Accounts Payable Check 12,380.31 251223 04/18/2025 SWRCB Accounting Office Accounts Payable Check 2,438.00 251224 04/18/2025 T-Mobile USA Inc. Accounts Payable Check 50.00 251225 04/18/2025 Telstar Instruments Accounts Payable Check 983.50 251226 04/18/2025 TeamCalifornia Economic Development Corp. Accounts Payable Check 500.00 251227 04/18/2025 Thirkettle Corporation Accounts Payable Check 14,852.83 251228 04/18/2025 CalMat Co. Accounts Payable Check 6,249.89 251229 04/18/2025 Trisha Tevis Accounts Payable Check 600.00 251230 04/18/2025 United Site Services, Inc. Accounts Payable Check 2,439.46 251231 04/18/2025 Vanir Construction Management, Inc. Accounts Payable Check 11,420.00 251232 04/18/2025 Verizon Wireless Accounts Payable Check 398.00 251233 04/18/2025 West Coast Arborists, Inc. Accounts Payable Check 64,310.00 251234 04/18/2025 Westside Water Conditioning Accounts Payable Check 193.50 251235 04/18/2025 Windecker Inc Accounts Payable Check 4,349.50 251236 04/18/2025 Alexander Flores Utility Billing Check 79.23 251237 04/18/2025 Home Sweet Home Property Management Co. Utility Billing Check 183.23 251238 04/18/2025 RBG Construction Utility Billing Check 196.76 251239 04/18/2025 RBG Construction Utility Billing Check 196.76 14 251240 04/18/2025 Marc Lantzman - LMF2, LP Utility Billing Check 14.75 251241 04/18/2025 Renee Garcia Utility Billing Check 104.91 251315 04/23/2025 Taylor Backhoe Service, Inc. Accounts Payable Check 107,218.35 251316 04/23/2025 Vanir Construction Management, Inc. Accounts Payable Check 7,945.00 251317 04/23/2025 Winner Chevrolet Inc. Accounts Payable Check 94,153.85 251318 04/24/2025 Westamerica Bank - Cafeteria Plan Accounts Payable Check 105,435.79 251319 04/25/2025 Sara Blevins Accounts Payable Check 521.25 251320 04/25/2025 Blue shield of California Life & Health Insurance Co. Accounts Payable Check 1,033.97 251321 04/25/2025 Fernando Garcia Accounts Payable Check 787.00 251322 04/25/2025 Merced County Accounts Payable Check 127.00 251323 04/25/2025 Merced MRI Medical Group Accounts Payable Check 50.00 251324 04/25/2025 Alheli Oliveras Accounts Payable Check 487.50 251325 04/25/2025 John P. Soares Accounts Payable Check 465.00 251326 04/25/2025 Samantha Alison Tova Accounts Payable Check 272.50 251327 04/25/2025 us Bank Corp Pymt System Accounts Payable Check 44,479.67 251328 04/25/2025 Paschina Weedling Accounts Payable Check 311.02 251329 04/25/2025 Youth Evolution Activites Accounts Payable Check 4,436.25 251330 04/25/2025 Alhambra Accounts Payable Check 64.44 251331 04/25/2025 Always Rescue Plumbing Inc Accounts Payable Check 1,815.00 251332 04/25/2025 AT&T Accounts Payable Check 2,236.62
251333 04/25/2025 Richard Barcellos Accounts Payable Check 1,582.03 251334 04/25/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 250.00 251335 04/25/2025 Boot Barn Accounts Payable Check 608.24 251336 04/25/2025 Bound Tree medical LLC Accounts Payable Check 184.34 251337 04/25/2025 Bruce's Tire Inc Accounts Payable Check 129.99 251338 04/25/2025 BSK Associates Accounts Payable Check 829.35 251339 04/25/2025 California Building Standards Commission Accounts Payable Check 1,443.60 251340 04/25/2025 California Rural Water Assoc. Accounts Payable Check 1,662.00 251341 04/25/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 5,386.12 251342 04/25/2025 Commercial Speedometer Service, Inc. Accounts Payable Check 1,512.00 251343 04/25/2025 Clark Pest Control Inc Accounts Payable Check 119.00 251344 04/25/2025 Coffee Break Service Inc. Accounts Payable Check 391.08 251345 04/25/2025 Comcast Accounts Payable Check 316.82 251346 04/25/2025 City of Los Banos Utility Accounts Payable Check 24,338.89 251347 04/25/2025 Lamar A. Cummings Accounts Payable Check 70.00 251348 04/25/2025 Division of the State Architect Accounts Payable Check 32.20 251349 04/25/2025 Dos Palos Publishing Company Accounts Payable Check 70.00 251350 04/25/2025 Double D Towing, LLC Accounts Payable Check 907.50 251351 04/25/2025 Environmental Systems Research Inst. Accounts Payable Check 2,200.00 251352 04/25/2025 Federal Express Corporation Accounts Payable Check 15.01 251353 04/25/2025 Fun Express LLC Accounts Payable Check 3,927.15 251354 04/25/2025 First Responders Resiliency, Inc. Accounts Payable Check 2,499.00 251355 04/25/2025 Galvin Preservation Associates, Inc. Accounts Payable Check 2,597.84 251356 04/25/2025 Get Plaques, LLC Accounts Payable Check 1,495.05 251357 04/25/2025 Halcyon Creek Inc. Accounts Payable Check 16,044.37 251358 04/25/2025 Hillside Xpress LLC Accounts Payable Check 4,959.12 251359 04/25/2025 Holt of California Accounts Payable Check 349.14 251360 04/25/2025 Home Depot Accounts Payable Check 7,144.12 251364 04/25/2025 lnfoSend Inc. Accounts Payable Check 22,193.84 251365 04/25/2025 J.J.R. Enterprises Inc. Accounts Payable Check 142.90 251366 04/25/2025 Tim J Law Accounts Payable Check 800.00 251367 04/25/2025 Lawson Products, Inc. Accounts Payable Check 495.52 251368 04/25/2025 Lucas Business Systems Accounts Payable Check 68.60 251369 04/25/2025 Mark Thomas & Company. Inc. Accounts Payable Check 1,416.21 251370 04/25/2025 Tires to you Inc Accounts Payable Check 873.05 251371 04/25/2025 Marfab Inc Accounts Payable Check 62.27 251372 04/25/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 251373 04/25/2025 Merced Chevrolet Inc. Accounts Payable Check 2,100.37 15 251374 04/25/2025 Merced Truck & Trailer Inc Accounts Payable Check 224.61 251375 04/25/2025 Mission Merced Incorporated Accounts Payable Check 13,625.78 251376 04/25/2025 Municipal Maintenance Equipment, Inc. Accounts Payable Check 384.26 251377 04/25/2025 Alberto Muniz Accounts Payable Check 230.00 251378 04/25/2025 Napa Auto Parts of Los Banos Accounts Payable Check 456.40 251379 04/25/2025 N DN International LLC Accounts Payable Check 1,526.66 2513!ill 04/25/2025 OSE Accounts Payable Check 704.58
251381 04/25/2025 David Oliveira Accounts Payable Check 51.75 251382 04/25/2025 O'Reilly Auto Parts Accounts Payable Check 509.41 251383 04/25/2025 OTC Brands, Inc. Accounts Payable Check 70.81 251384 04/25/2025 Pace Supply Corp. Accounts Payable Check 159.18 251385 04/25/2025 Pacific Landscape Supply, Inc. Accounts Payable Check 12,322.57 251386 04/25/2025 Precision Civil Engineering, Inc Accounts Payable Check 1,905.00 251387 04/25/2025 Price Paige and Company CPA's LLP Accounts Payable Check 31,544.00 251388 04/25/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 3,817.40 251389 04/25/2025 Protech Security & Electronics, Inc. Accounts Payable Check 150.00 251390 04/25/2025 Quad Knopf, Inc. Accounts Payable Check 577.50 251391 04/25/2025 R & S Erection Tri-County Inc. Accounts Payable Check 499.00 251392 04/25/2025 RAT Incorporated Accounts Payable Check 200.00 251393 04/25/2025 Razzari Dodge Chrysler Jeep Accounts Payable Check 12.12 251394 04/25/2025 Riggs Ambulance Service Accounts Payable Check 200.00 251395 04/25/2025 Roadline Products, Inc. USA Accounts Payable Check 534.38 251396 04/25/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 2,447.20 251397 04/25/2025 San Jose Sterilized Wiping Rags, Inc. Accounts Payable Check 238.64 251398 04/25/2025 Save Mart Supermarkets Accounts Payable Check 246.64 251399 04/25/2025 Sorensens True Value Accounts Payable Check 570.82 251401 04/25/2025 Stantec Consulting Services, Inc. Accounts Payable Check 548.00 251402 04/25/2025 Terminix Processing Center Accounts Payable Check 4,007.00 251403 04/25/2025 The Don Chapin Co., Inc. Accounts Payable Check 1,023.23 251404 04/25/2025 CalMatCo. Accounts Payable Check 439.41 251405 04/25/2025 Tyler Technologies, Inc. Accounts Payable Check 27,895.00 251406 04/25/2025 Uline, Inc. Accounts Payable Check 5,252.04 251407 04/25/2025 Underwood Ammunition, LLC Accounts Payable Check 4,276.00 251408 04/25/2025 USA Blue Book Accounts Payable Check 443.70 251409 04/25/2025 Valley Entry Systems, Inc. Accounts Payable Check 428.00 251410 04/25/2025 Verizon Wireless Accounts Payable Check 348.54 251411 04/25/2025 Windecker Inc Accounts Payable Check 3,168.32 251412 04/25/2025 Westland Water District Accounts Payable Check 450.00 251413 04/25/2025 Young's Air Conditioning Accounts Payable Check 1,632.85 251414 04/25/2025 Marvin Burton Utility Billing Check 128.51 251415 04/25/2025 Sara Hernandez Rivera Utility Billing Check 112.25 251416 04/25/2025 Stephanie Esther Salazar Utility Billing Check 12.25 251417 04/25/2025 Maria Guadalupe Ortega Utility Billing Check 112.25 251418 04/25/2025 Stacy A Filice Utility Billing Check 138.25 251419 04/25/2025 Julio Navarrete Utility Billing Check 112.25 251420 04/25/2025 Roy San Miguel Utility Billing Check 135.00 251421 04/25/2025 BellaMia Real Estate Utility Billing Check 99.60 251422 04/25/2025 Wei Lu Utility Billing Check 156.39
251423 04/25/2025 Marina Fregoso Utility Billing Check 9.55 251424 04/25/2025 Sunset Hills Development Utility Billing Check 104.00 251425 04/25/2025 MHP Builders Inc Utility Billing Check 25.14 251420 04/25/2025 Steven Torres Utility Billing Check 57.75 251427 04/25/2025 Nataly Gutierrez Utility Billing Check 116.13 251428 04/25/2025 Jennifer Quistian Utility Billing Check 64.25 251429 04/25/2025 Ramon Mayren Utility Billing Check 177.25 251430 04/25/2025 George Cortez Mena SR Utility Billing Check 123.95 251431 04/25/2025 Oscar and Selestina Banuelos Utility Billing Check 88.30 251432 04/25/2025 Brianne Little Utility Billing Check 104.00 16 251433 04/25/2025 SBE, LP
251434 04/25/2025 Segundo Gonzales Centurion
251435 04/25/2025 Adam Hennager
251436 04/25/2025 D.R. Horton
251437 04/25/2025 MHP Builders Inc
251438 04/25/2025 MHP Builders Inc
251439 04/25/2025 MHP Builders Inc
251440 04/25/2025 MHP Builders Inc
251441 04/25/2025 MHP Builders Inc
251442 04/25/2025 MHP Builders Inc
251443 04/25/2025 D.R. Horton
251444 04/25/2025 D.R. Horton
251445 04/25/2025 D.R. Horton
251446 04/25/2025 D.R. Horton
251447 04/29/2025 Law Offices of William A Vaughn
Break in check sequence due to the following:
Check #251059 - #251073 (Manual Void)
Check #251089 (Manual Void)
Check #251119 - #251120 (Payroll)
Check #251136 - #251137 (Manual Void)
Check #251139 (Manual Void)
Check #251220 (Manual Void)
Check #251242 - #251314 (Payroll)
Check #251361- #251363 (Manual Void)
Check #251400 (Manual Void)
Utility Billing Check 128.51
Utility Billing Check 49.29
Utility Billing Check 60.25
Utility Billing Check 67.53
Utility Billing Check 25.14
Utility Billing Check 25.14
Utility Billing Check 28.91
Utility Billing Check 25.14
Utility Billing Check 25.14
Utility Billing Check 25.14
Utility Billing Check 29.48
Utility Billing Check 29.48
Utility Billing Check 76.93
Utility Billing Check 29.15
Accounts Payable Check 28,878.00
Payment Type
Regular Checks 354 2,493,611.13
Manual Voids 24
Voided Checks 0
2,493,611.13
17 18
LOsBanos
( ,, TO<Ul. llifo, nia
TO: Mayor Amabile and Members of the City Council
FROM: Minnie Moreno, Finance Director I~
DATE: May 7, 2025
SUBJECT: Measure H Committee Financial Update
TYPE OF REPORT: Consent Agenda Item
RECOMMENDATION:
Accept the report as submitted.
DISCUSSION:
The Measure H Financial Report attached was presented to the Measure H Committee on April 14, 2025. The Committee reviewed the FY 23/24 annual report, confirmed its compliance with the Measure H guidelines, and took no additional actions.
FISCAL IMPACT:
None
REVIEWED BY:
ATTACHMENTS:
A. Measure H Financial Update
19 ITEM 7B
20 TO:
FROM:
DATE:
LOsBanos
I ti • 10 , wd · c ali 01 nitl
Agenda Staff Report
Measure H Citizen Committee Members
Minnie Moreno, Finance Director
April 14, 2025
SUBJECT: Measure H Financial Update
Recommendation:
The Measure H Funds Financial Update as Presented by the City of Los Banos regarding the capital and operating expenditures referenced in this report is for informational purposes only. No Action will be taken.
Discussion:
The Measure H Oversight Committee plays an important oversight role to the City Council and the community by reviewing, reporting and making recommendations on the use of Measure H funds. The Committee input helps represent to the Council how the community envisions use of the Measure H funding and ensures accountability and transparency.
Measure H Spending Priorities Expenditure Summary demonstrate the efforts made by the City to maintaining police patrols and preventing crime; protecting and maintaining 911 response times; maintaining parks and adding programming to support youth; increasing medical response times. The following information is intended to update the Committee on the overall financial position and FY 2023-24 activity of Measure H Funds.
Police use of funding as follows:
• Staffing: 1 Police Sergeant, 6 Police Officers
• Capital Infrastructure Improvement Projects: None
• Equipment: License Plate Reader and a Drone
21 Code Enforcement use of funding as follows:
• Staffing: 1 Code Enforcement Officer and 1 Animal Shelter Attendant • Capital Infrastructure Improvement Projects: None
• Equipment: None
Dispatch use of funding as follows:
• Staffing: 1 Public Safety Dispatcher and 1 Community Service Officer • Capital Infrastructure Improvement Projects: None
• Equipment: None
Fire use of funding as follows:
• Staffing: 2 Fire Engineers and 1 Firefighters
• Capital Infrastructure Improvement Projects: None
• Equipment: ESO Records Management and Turnout Replacements Parks and Recreation use of funding as follows:
• Staffing: 1 Recreation Coordinator I and 1 Admin Coordinator • Expansion of Programs: Addition of new programs such as the Egg Hunt, Halloween Fest, Youth Flag Football, Summer and Fall Youth Volleyball, expansion of Breakfast with Santa, Pulse Teen Group, 4H programming and annual volunteer days. This represents an over 50% growth in recreation program offerings.
• Capital Infrastructure Improvement Projects: Replacement program for playgrounds.
• Equipment: none.
Fiscal Stability use of funding as follows:
The expenditures in the Fiscal Stability Spending Priority are to support all the Spending Priorities identified in this report.
Fiscal Impact:
The attached Fiscal Activity demonstrates how Measure H Funds have been spent for fiscal year 2023-24 and will be spent on future Measure H operations and capital outlay according to the Spending Priorities determined by a resolution of the City Council and as recommended by the committee. All of the Fund Balance for Measure H is assigned in the City's General Ledger specifically for Measure H, and these balances will be carried forward for personnel, supplies and service, and future capital outlay.
The following information is intended to update the Committee on the overall financial position and activity of Measure H Funds.
22 Measure H - Revenue by Spending Priority FY 2023-24
Measure H Revenue
Sales Tax Cap
Excess over the Cap
Measure H Spending Priorities
Police Patrols & Prevent Crimes
Code Enforcement & Blight Reduction
911 Dispatch Services
Youth Programs
Fire and Emergency Medical
Parks & Recreation
Fiscal Stability
23-24
3,954,027.74
2,500,000
1,454,027.74
45% 1,125,000.00
5% 125,000.00
10% 250,000.00
5% 125,000.00
15% 375,000.00
15% 375,000.00
5% 1,579,027.74
3,954,027.74
Spending Priorities percentages are based on a $2.5 Million Sales Tax Cap -Any amount in Excess of $2.5 Million is directed to Fiscal Stability
Measure H - Spending Priority Expenditure Summary & Net Change FY 2024 Police Patrols & Prevent Crimes
Code Enforcement & Blight Reduction
911 Dispatch Services
Youth Programs
Fire and Emergency Medical
Parks & Recreation
Fiscal Stability
Totals
Revenue
1,125,000.00
125,000.00
250,000.00
125,000.00
375,000.00
375,000.00
1,579,027.74
3,954,027.74
23-24
Expenditure
1,266,457.75
144,415.40
165,020.41
483,217.22
612,258.49
1,119,559.70
3,790,928.97
Net Change
(141,457.75)
(19,415.40)
84,979.59
125,000.00
(108,217.22)
(237,258.49)
459,468.04
163,098.77
23 Measure H - Spending Priority Balances From Inception thru FY 2024 Police Patrols & Prevent Crimes
Code Enforcement & Blight Reduction
911 Dispatch Services
Youth Programs
Fire and Emergency Medical
Parks & Recreation
Fiscal Stability
Total Assigned F/B for Measure H
Total Balance @ 6/30/24
908,468.56
0.00 640,677.33
656,006.96
64,961.18
(0.00)
5,206,803.10
7,476,917.13
This summary is based on detailed information produced by the City's financial management system. If you would like additional information, or have any questions about the report, please call the Finance Department at (209) 827-7000. 24 LOsBanos
TO: Mayor Amabile and Members of the City Council
FROM: Minnie Moreno, Finance Director tJ y'
DATE: May 7, 2025
SUBJECT: Measure P Committee Financial Update
TYPE OF REPORT: Consent Agenda Item
RECOMMENDATION:
Accept the report as submitted.
DISCUSSION:
The Measure P Financial Report attached was presented to the Measure P Committee on April 14, 2025. The Committee reviewed the FY 24/25 (July-December 2024) report, confirmed its compliance with Measure P guidelines, and took no additional actions.
FISCAL IMPACT:
None
REVIEWED BY:
G~t City Manager
ATTACHMENTS:
A. Measure P Financial Update
ITEM 7C
25 26
TO:
FROM:
DATE:
·LOs Banos
t ,,,
Agenda Staff Report
Measure P Committee Members
Minnie Moreno, Finance Director
April 14, 2025
SUBJECT: Measure P Financial Update
Recommendation:
The Measure P Funds Financial Update as presented by the City of Los Banos regarding the capital and operating expenditures referenced in this report is for informational purposes only. No Action will be taken.
Discussion:
The Measure P Oversight Committee plays an important oversight role to the City Council and the community by reviewing, reporting and making recommendations on the use of Measure P funds. The Committee input helps represent to the Council how the community envisions use of the Measure P funding and ensures accountability and transparency.
The following information is intended to update the Committee on the overall financial position and FY 2024-25 activity of Measure P Funds.
27 28
LOsBanos
At the Crossroads of California
Public Safety Augmentation Fund
Financial Report
For the Fiscal Year 2024-2025
(July-December 2024)
OVERVIEW
This overview covers the first half of the 2024-25
fiscal year (Julyl thru December 31) for the City of
Los Banos Public Safety Augmentation Fund.
PUBLIC SAFETY AUGMENTATION FUND
Public Safety Augmentation Fund Financial
Condition. With 50% of the year complete, Public
Safety revenues for Police are at 36% of projections
and expenditures are at 46% of projections. Public
safety revenues for Fire are at 36% of projections
and expenditures are at 45% of projections.
POLICE:
•,"" .~, ·-. --~~~ .. , - - - - : L=
Revenues 2,064,500 753,402 36%
Expenditures 2,172,137 1,000,251 46%
Net Activities ( 107,637) (246,850) 229%
FIRE:
Revenues 2,059,500 746, 13 36%
Ex enditures 1,574,511 707,082 45%
Net Activities 484,989 38,931 8%
REVENUES:
Measure P sales tax 1s divided equally between
Police & Fire.
POLICE:
-
-
- ==~~
Measure P 2,034,500 667,861 33%
Interest Earnings 30,000 85,539 285%
Misc Revenues - -
Total 2,064,500 753,400 36%
FIRE:
Measure P 2,034,500 667,862 33%
Interest Eamin 25,000 60,219 241%
Misc Revenues 17,932 1000/o
Total 2,059,500 746,013 36%
Measure P Sales Tax. The State of California
allocates sales tax revenue on a quarterly basis in
arrears. The City receives estimated monthly
payments from the State and at the end of the quarter
reconciles to actual revenues. July and August
revenues are accrued to June.
Interest Earnings are received on a
monthly/quarterly basis.
Misc. Revenues for Fire is for a reimbursement for
Strike Team Activities.
29 EXPENDITURES:
Operating costs are summarized below:
POLICE:
---- - - --~~~
' ; ::::--=-• - • - _.:. ::JI ' _·
Staffing 1,261,000 320,217 25%
Supplies & Services 144,151 109,523 76%
Capital Outlay 54,000 7,488 14%
Debt Service 712,986 563,023 79%
Total 2,172,136 1,000,252 46%
Personnel. These charges reflect salaries and
benefits for the police department. Three police
officers, one Community Service Officer (CSO), a
Crime Analyst, and ½ Admin Clerk are funded under
Measure P.
Supplies & Services. Costs include IT support and
MDC maintenance costs. IT services are charged out
completely at the beginning of the fiscal year.
Capital Outlay. There is $54,000 budgeted for
capital outlay for Police this budget year which
includes MDC equipment for police vehicles.
Debt Service. There is $712,986 budgeted for the
Police Station debt payment to IBank. Payments are
made in August and February.
FIRE:
215,584 49,451 23%
Capital Outla 79,000 37,712 481/o
Total 1,574,511 707,082 45%
Personnel. These charges reflect salaries and
benefits for Fire personnel. Three Fire Engineers,
four Firefighters, and ½ Admin Clerk are funded
under Measure P.
Supplies & Services. Major costs include IT support,
travel/training, and MDC maintenance costs. IT
costs are charged out completely at the beginning of
the year.
Capital Outlay. Costs include turnouts and
equipment, and purchase of MDC's/tablets.
2 July-December 2024 Report
CASH AND FUND BALANCE:
Cash 4,221,276 3,299,548
Fund Balance-Buildin° 605,241 1,313,284
Fund Balance 3,861,107 1,946,094
The City of Los Banos in ordinance 1020 set forth
certain distributions ofrevenue in section 3-12. 1.080
as listed in items A through F starting with FY 2005-
2006:
A. As required, 6 firefighters have been hired
with 3 hired in year 1 and 3 hired in year 2.
B. The hiring of 2 police officers in year 1 with
uniforms and vehicles has been completed.
One police officer was added to the FY 16-
1 7 budget as required by the ordinance in
year 12.
C. The hiring of 1 community service officer in
year 1. This position has been filled. 1 crime
analyst to be hired in year 3 has also been
completed. The next position required to be
filled is 1 CSO in year 18.
D. Tax proceeds to be collected for Police and
Fire facility upgrades. Police facility funding
starts at $450,000 with a 2% escalator and
Fire funding at $200,000 with a 2%
escalator. Amendments to the ordinance
allowed the facility funding to be used for
personnel until November 2021.
E. $90,000 in year 1 for specialty fire safety
equipment including "SCBA" breathing
apparatus.
F. Tax proceeds to be utilized for mobile
display units and the upgrade of the 911
dispatch capabilities. $100,000 with a 2%
escalator was set in the ordinance.
30 Police - Building & MDC
238-422-100-720 Building
July-December 2024 Report
This summary is based on detailed information produced by the City's financial management system. If you would like additional infonnation, or have any questions about the report, please call the Finance Department at (209) 827-7000.
238-422-100-270 MDC
Building & MDC Allocations Amount Amount Amount Amount
Allocated Spent Balance Allocated Spent Balance
Year I (2005-2006) . - . - - .
Year 2 (2006-2007) 450,000 1,050 448,950 50,000 . 50,000 Year 3 (2007-2008) 459,000 63,614 395,386 51 ,000 . 51,000 ,Year 4 (2008-2009) 468,180 21 ,216 ~42,350 52,020 - 10~,02_0 Year 5 (2009-2010) 477,544 - 842,350 53,060 36,226 66,794 Year 6(2010-2011) 487,094 - 842,350 54,122 32,576 34,218 Year 7(2011-2012) 496,836 - 842.350 55.204 11.790 22.428 Year 8 (2012-2013) 506,773 . 842,350 56.308 36,649 (14,221) Year 9 (2013-2014) 516,909 . 842.350 57,434 32,049 (46,270) Year JO (2014-2015) 527,247 . 842.350 58.583 36,209 (82,479) Year 11 (2015-Wl6) 537,792 . 842,350 59.755 34,~1) (116,590) Year 12 (2016-2017) 548,547 - 1,390,898 60,950 21 ,130 (76,770) Year 13 (2017-2018) 559,518 . 1,950,416 62,169 18,440 (33 ,042) Year 14 (2018-2019) 570,709 - 2,521,125 63.412 50,130 (19.759) Year 15 (2019-2020) 582,123 - 3, 103,248 64,680 73,225 (28,304) Year 16 (2020-2021) 593,765 - 3,697,013 65,974 48,613 (10,943) Year 17 (2021-2022) 605,641 4,875,000 (572,346) 67,293 45,525 10,825 Year 18 (2022-2023) 617,754 . 45,408 68,639 79,389 75
Year 19 (2023-2024) 63.0,109 - 675,516 70,012 . 70,088
Year 20 (2024-2025) 642 711 712,986 605,241 71,412 . 141,500 No Allocation due to Measure A & K
No Allocation in these years per Ordinance
Fire - Building & MDC
238-422-100-720 Buildin2 238--422-100-270 MDC
Building & MDC Allocations Amount Amount Amount Amount
Allocated Snent Balance Allocated Soent Balance
Year 1 (2005-2006) - - . . . .
Year 2 (2006-2007) . - . 50,000 . 50,000
Year 3 (2007-2008) 200,000 10,002 189,998 51,000 . 51,000 Year 4 (2008-2Q09) 2◊'..t QQ0 24,830 3._69, 168 52,020 . 1Q3_,_02Q _ ..
Year 5 (2009-20!0) 208,080 . 369,168 53.060 3.315 99,705 Year 6 (2010-2011) 212,242 - 369.168 54,122 10,715 88,990 Year 7 (2011-2012) 216,486 . 369,168 55.204 10.660 78.330 Year 8 (2012-2013) 220,816 - 369.168 56,308 15.668 62,662 Year 9 (2013-2014) 225,232 . 369,168 57.434 12,347 50,315 Year 10 {2014-2015) 229,737 . 369,168 58.583 13.408 36,907 Year 11 (2015-2016) 234,332 . 369,168 59 7 5 11,572 25,335 Year 12 (2016-2017) 239,019 - 608,187 60,950 32,612 53,673 Year 13 (2017-2018) 243,799 . 851,985 62,169 81 ,013 34,828 Year 14 (2018-2019) 248,675 - 1,100,660 63,412 5,425 92,816 Year 15 (2019-2020) 253,648 380,874 973,435 64,680 6,710 150,786 Year 16 (2020-2021) 258,721 1,006,547 225,609 65,974 7,642 209,118 Year 17 (2021-2022) 263,896 - 489,505 67,293 8,028 268,383 Year 18 (2022-2023) 269,174 - 758,678 68,639 9,000 328,022 Year 19 (2023-2024) 274,557 - 1,033,236 70,012 . 398,035 Year 20 (2024-2025 ) 280,048 - 1,313,284 71,412 . 469,447 No Allocation due to Measure A & K
No Allocation in these years per Ordinance
3 31
32 LOs Banos
Agenda Staff Report
TO:
FROM:
Michael S. Amabile & City Council Me7 b rs
Minerva Moreno, Finance Director f
DATE: May 7, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Requesting to update LAI F Resolution
Recommendation:
Adopt a resolution by the City Council, Authorizing to update authorized signers to the City of Los Banos LAIF (Local Agency Investment Fund) Account.
Background:
The Local Agency Investment Fund (LAIF) has requested an update regarding the authorized signers to the City's LAIF account. The purpose of this resolution is solely to revise the list of authorized signers for the City of Los Banos LAI F account.
Fiscal Impact:
Informational only, no fiscal impact.
Reviewed by:
Attachments:
Resolution
Authorization for Transfer of Funds Form
Authorization for Transfer of Funds Instructions
33 ITEM 7D
34 RESOLUTION NO.
RESOLUTION OF THE CITY OF LOS BANOS
AUTHORIZING INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND
WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Governmental Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council of the City of Los Banos does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated therein.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the deposit and withdrawal of the City of Los Banos monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard.
BE IT FURTHER RESOLVED, that the following City of Los Banos officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:
Gary Brizzee
Interim City Manager
Minerva Moreno
Finance Director
Lucy Mallonee
City Clerk
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held of the 7th day of May, 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:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
35 36
Effective Date
05/07/2025
California State Treasurer's Office
Local Agency Investment Fund (LAIF)
Authorization for Transfer of Funds
Agency Name
CITY OF LOS BANOS
LAIF Account#
98-24-490
Agency's LAIF Resolution# ____ ____ or Resolution Date ______ _ ONLY the following individuals whose names appear in the table below are hereby authorized to order the deposit or withdrawal of funds in LAIF. This authorization REPLACES AND SUPERSEDES all prior authorizations on file with LAIF for the transfer of funds.
Name Title
Gary Brizzee Interim City Manager
Minerva Moreno Finance Director
Lucy Mallonee City Clerk
Two authorized signatures required. Each of the undersigned certifies that he/she is authorized to execute this form under the agency's resolution, and that the information contained herein is true and correct.
Signature
Gary Brizzee
Print Name
Interim City Manager
Title
209-827-2440
Phone Number
Signature
Lucy Mallonee
Print Name
City Clerk
Title
209-827-2412
Phone Number
Please provide email address to receive LAIF notifications.
Name Email
Gary Brizzee Gary. [email protected]
Minerva Moreno [email protected]
Please email the completed form for review to [email protected] and allow 2 days for a response. DO NOT mail the original form until you receive approval.
Mail the approved form to; CA State Treasurer's Office
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001 STO-LAI F-4008
Revised 1/ 2024
37 Authorization Chan e Form Instructions:
Step 1: Fill out your agency information in the top section.
Effective Date Agency Name IAIF Account#
Agency's !Alt Resolution# _______ or Resolution Date _ ____ _ Step 2: List all new and existing authorized individuals. Any current authorized people not listed will be removed.
Name Title
Step 3: Have the form signed by two individuals authorized per your LAIF resolution. The two signers will have to be included on the list of new and existing authorized individuals, unless they are signing themselves off the LAIF account.
If the signers are new to the account, they will need to include proof of title. LAIF will accept any one of the following as proof of title:
1. Original Business card
2. Approved/signed board minutes
3. Name and title posted on your agency website (Provide a direct website link)
4. Personnel employment papers (Certified oath of office or certified appointment papers)
5. Agency's certified resolution copy showing name and title.
Step 4: Fill out the bottom section if anyone from your agency would like to receive email notifications from LAIF.
Please provide email address to receive LAlf email notifications.
Name ErnaU
Step 5: Email a copy of the Authorization Change form and the required proof of title if needed to
1.aif(&treas.u..m.r..c.a,g_QY for review. Once you receive approval from LAIF staff, please mail the original Authorization Change form with wet signatures and the proof of title listed in Step 3. 38 TO:
FROM:
DATE:
LOsBanos
\t tlH 10 ,oad t>/ ( aliJ n 11i,
Agenda Staff Report
Mayor & City Council Members
Paul Tualla, Fire Chief/Building Official
May 7, 2025
SUBJECT: Budget Amendment - Building Dept. Services
TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that the City Council adopt a resolution to revise the budget for the 2024-2025 Fiscal Year as it pertains to changes in revenues and expenditures.
Background:
The City Council may amend the budget by resolution adjusting the overall appropriation levels in each fund at any time during the fiscal year if there are available funds and council is in agreement with the request to adjust the budget.
Discussion:
At the beginning of this current year, the Building Department estimated the Services to remain constant from the prior year. However, since mid-year the City continues to see a steady growth in permits issued and building activity resulting in increased revenues from permit fees, making it necessary to amend the 2024-2025 budget by increasing permit revenues in Revenue Account 100-000-322-010, increasing its allocation by $785,000 to a new total of $2,035,000. This revision addresses the additional expenditures of $510,150 allocated to Account 100-424-100-238 bringing that new total to $1,210,150 to account for this rise in permit activity. 39 ITEM 7E
Fiscal Impact:
The budget amendment will increase revenues in account 100-000-322-01 O by $785,000 It will also increase expenditures in account 100-424-100-238 by $510,150.
Reviewed by:
Finance Director Interim City Manager
Attachments:
Resolution
Staff Report - Budget Amendment Building Professional Services (05-07-25).doc 40 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2024-2025 BUDGET BY INCREASING
REVENUE AND EXPENDITURES IN THE BUILDING
DEPARTMENT BUDGET
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the Fiscal Year 2024-2025 Budget; 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 increase in revenues is $785,000 for account 100-000- 322-01 O; and
WHEREAS, the proposed increase in expenditures is $ 510,150 for account 100- 424-100-238.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves an increase to the revenues and expenditures within the 2021- 2022 Fiscal Year Budget to include an increase of $785,000 in revenues for account 100- 000-322-010, and an increase in expenditures of$ 510, 150 for account 100-424-100-238.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of May 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
41 42
LOsBanos
\1 tli ( 1C ,c ul o/ ( c1lif, 111rc1
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Lucy Mallonee, MMC __9r
City Clerk/Human Resources Director
DATE: May 7, 2025
SUBJECT: Changes to Division 5 - Personnel Benefits as it Pertains to Notary Public Certification Pay, Project Management Professional Certification Pay, Water/Wastewater Certificate Pay, Heavy/Special Equipment Operator Differential Pay, and Refuse Collection Pay for Unrepresented Miscellaneous Employees
TYPE OF REPORT: Consent Agenda
Recommendation:
Attached please find a resolution for your review and consideration of approval that would increase the Water/Wastewater Certificate Pay, add the Heavy/Special Equipment Operator Differential Pay, and Refuse Collection Pay for Unrepresented/Miscellaneous employees.
Discussion:
To maintain parity and consistency throughout the City of Los Banos workforce and the Memorandums of Understanding (MOUs) with the various bargaining groups, staff is requesting changes to Division 5 - Personnel Benefits as follows:
• Moving Notary Public Certification Pay from SEC. 5010 A to SEC. 5005 Q and to increase the number of Community & Economic Development from one (1) to two (2), and per the approved MOU with the Los Banos Public Employees Union remove the Finance designation and replace with Public Works.
• Moving Municipal Clerk Certification Pay from SEC. 5010 B to SEC. 5005 R. 43 ITEM 7F
• Adding SEC. 5005 S - Project Management Profession Certification Pay in the amount of one hundred dollars ($100) per month.
• Changing SEC. 5009 A - Certificate Pay/Water and Wastewater Division Employees, Increasing the dollar amounts for monthly Water/Wastewater Certificate Pay for Public Works employees:
o From $25 to $50 per month for Grade 1 and $50 to $100 per month for Grade II State of California, Department of Health Services Water/Wastewater Treatment. o $25 to $50.00 per month for Grade II, and $50 to $100.00 per month for Grade Ill State of California, Department of Health Services Water Distribution. • Adding SEC. 5009 B - Heavy/Special Equipment Operator Differential Pay for employees who are routinely and consistently assigned to the Street Sweeper and Vactor Truck assignment for the actually time worked in the amount of $0.58 per hour.
• Adding SEC. 5009 C - Refuse Collection Pay for employees assigned to Encampment Cleanup duty for time actually worked in Encampment Cleanup in the amount of three dollars ($3.00) per hour.
Fiscal Impact:
For Fiscal Year 2024/25 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 moving forward.
Reviewed by:
Gary s~1~ Manager
Attachments:
Resolution/Division 5 - Personnel Benefits
44 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 5 -
PERSONNEL BENEFITS AS IT PERTAINS TO
NOTARY PUBLIC CERTIFICATION PAY, PROJECT
MANAGEMENT PROFESSIONAL CERTIFICATION
PAY, WATER/WASTEWATER CERTIFICATE PAY,
HEAVY/SPECIAL EQUIPMENT OPERATOR
DIFFERENTIAL PAY, AND REFUSE COLLECTION
PAY FOR UNREPRESENTED MISCELLANEOUS
EMPLOYEES
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 5 - Personnel Benefits be amended by moving Notary Public Certification Pay from SEC. 5010 A to SEC. 5005 Q and to increase the number of Community & Economic Development from one to two, and per the approved MOU with the Los Banos Public Employees Union remove the Finance designation and replace with Public Works; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 5 - Personnel Benefits be amended by moving Municipal Clerk Certification Pay from SEC. 5010 B to SEC. 5005 R; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 5 - Personnel Benefits be amended by adding SEC. 5005 S - Project Management Profession Certification Pay in the amount of one hundred dollars ($100) per month; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 5 - Personnel Benefits be amended by changing SEC. 5009 A - Certificate Pay/Water and Wastewater Division Employees, Increasing the dollar amounts for monthly Water/Wastewater Certificate Pay for Public Works employees: from $25 to $50 per month for Grade 1 and $50 to $100 per month for Grade II State of California, Department of Health Services Water/Wastewater Treatment, and $25 to $50.00 per month for Grade 11, and $50 to $100.00 per month for Grade Ill State of California, Department of Health Services Water Distribution; and
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 5 - Personnel Benefits be amended by adding SEC. 5009 B - Heavy/Special Equipment Operator Differential Pay for employees who are routinely and consistently assigned to the Street Sweeper and Vactor Truck assignment for the actually time worked in the amount of $0.58 per hour; and 45 WHEREAS, the City Council of the City of Los Banos has received a request that the Division 5 - Personnel Benefits be amended by adding SEC. 5009 C - Refuse Collection Pay for employees assigned to Encampment Cleanup duty for time actually worked in Encampment Cleanup in the amount of three dollars ($3.00) per hour; and WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of May 7, 2025.
NOW, THEREFORE, BE IT RESOLVED that Division 5 - Personnel Benefits of the City Policy Manual is hereby amended to reflect the changes as referenced above regarding Notary Public Certification Pay, Project Management Professional Certification Pay, Water/Wastewater Certificate Pay, Heavy/Special Equipment Operator Differential Pay, and Refuse Collection Pay for Unrepresented Miscellaneous Employees and is hereby approved as submitted as "Exhibit A"; and The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of May 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
46 SEC. 5001 INTRODUCTION
DIVISION 5
PERSONNEL BENEFITS
Updated March 5May 7, 2025
The purpose of this Division is to identify the Employee Fringe Benefits Package as established by City Council Resolution.
SEC. 5002 FRINGE BENEFITS DEFINED
As used in this Division the term "Fringe Benefits" shall be construed to mean those specified rights, privileges, and payments provided by the City to an entitled employee as supplemental compensation above their base salary.
SEC. 5003 ENTITLED EMPLOYEES DEFINED
For the purposes of this Division, the term "Entitled Employee" refers to those persons who are employed in Regular (full-time) capacity with the City of Los Banos. Part-time, Provisional, and Volunteer Employees shall not be entitled to Fringe Benefit Compensation, except when such benefits are being provided by the City in accordance with: a) the requirements of a Federal or State Law, b) a written contractual agreement approved by the City, or c) a Memorandum of Understanding (MOU) between a specific employee or employee group and the City.
SEC. 5004 ESTABLISHMENT OF FRINGE BENEFITS
The Fringe Benefit Package for entitled employees is established by City Council Resolution for each fiscal year (July 1 - June 30) of the City.
SEC. 5005 BENEFITS PROVIDED TO ALL UNREPRESENTED REGULAR
EMPLOYEES
A. Medical (Health) 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. Cafeteria 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 minimal essential coverage for medical insurance Personnel Benefits
5-1
47 Updated March 5May 7, 2025
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 City-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.
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, plus the City's contribution to the City's dental, vision and life insurance plans.
Employee enrollment in dental insurance, vIsIon insurance, and the basic life insurance (maximum $50,000 pay out) plans offered by the City is mandatory; enrollment of qualifying dependents in City-offered dental and vision insurance is optional.
Employees enrolled in City-offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allowance.
1. Tier One: For employees hired by the City before April 1, 2010 and enrolled in Cityoffered CalPERS medical insurance, and not represented by a City-recognized bargaining unit, 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 ($50,000 pay out), up to the amounts listed. The City's contribution to medical, dental, vision, and life insurance (including the minimum PEMCHA contribution towards health) will not exceed the following amounts:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,308 $100 $20 $10
Employee 2+ $3,000 $100 $20 $10
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.
2. Tier Two: For employees hired by the City on or after April 1, 2010 and enrolled in City-offered CalPERS medical insurance, and not represented by a City-recognized bargaining unit, 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 ($50,000 pay out), and up to the Personnel Benefits
5-2
48 Updated March 5May 7, 2025
amounts listed. The City's contribution to medical, dental, vision, and life insurance (including the minimum PEMCHA contribution towards health) will not exceed the following amounts:
Effective July 1, 2024:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,100 $100 $20 $10
Employee 2+ $2,650 $100 $20 $10
Effective January 1, 2025:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,165 $100 $20 $10
Employee 2+ $2,755 $100 $20 $10
Effective January 1, 2026:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,270 $100 $20 $10
Employee 2+ $2,860 $100 $20 $10
Effective January 1, 2027:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,308 $100 $20 $10
Employee 2+ $3,000 $100 $20 $10
3. Employee enrollment in the City-provided life insurance plan and City-provided dental and vision plans is mandatory.
4. Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance.
5. Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $400 per month.
Personnel Benefits
5-3
49 Updated March 5May 7, 2025
6. Dental, Vision, and Life Insurance: 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.
Dental Vision Life
Employee Only $100 $20 $10
Employee +1 $100 $20 $10
Employee 2+ $100 $20 $10
Enrollment of qualifying dependents in City-offered dental insurance, vision insurance, and life insurance is optional.
For employees who opt out of City-provided medical insurance, City monthly contributions to dental, vision and life insurance (maximum $50,000 pay out plan) will be based on the employee's enrolled plan. City contributions will not exceed the amounts listed above.
C. Retirement Program
1. Miscellaneous Employees: 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.
Regular employees, hired on or after January 1, 2011, 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.
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.
2. Public Safety Employees: Regular employees, hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 3% @ 50 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 3% @ 50 Plan.
Personnel Benefits
5-4
50 Updated March 5May 7, 2025
Regular employees, hired on or after January 1, 2011, will receive a CalPERS retirement benefit based on the 3% @ 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 3% @ 55 Plan.
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 2.7% at age 57 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, referred to in Section IV(A). The provisions of the PEMHCA will govern medical insurance coverage for annuitants.
2. Employees hired 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 available plan offered by CalPERS, less the City's minimum monthly employer contribution under PEMHCA.
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 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 available plan offered by CalPERS, supplemental Medicare plan, offered by CalPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA. c. Employees will not be entitled to City payments, as specified above, during employment.
Personnel Benefits
5-5
51 Updated March 5May 7, 2025
3. Employees hired 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 one-hundred 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, the City's contribution will equal the cost of fifty percent (50%) of the supplemental Medicare plan offered by Cal PERS for employees with ten (10) years of service, plus 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 one-hundred percent (100%) of the supplemental Medicare plan offered by CalPERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. Employees will not be entitled to City payments, as specified above, during employment.
E. Retirement 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 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 employees.
1. Participation is mandatory for all employees.
2. Starting after an employee has successfully completed his or her initial probationary period, the City will contribute $75 per month to the employee's RHSP account. Likewise the employee will contribute $75 per month to his or her RHSP account.
3. 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 $75 per month for each month served in the employee's initial probationary period.
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52 Updated March 5May 7, 2025
4. Upon cessation of employment with the City, the City will cease contributions to the individual's RHSP account.
F. Workers' Compensation Insurance: Workers' Compensation Insurance Benefits (Workers' Compensation) are provided in accordance with the requirements of State Law.
Special Note: California Labor Code Sections 4650, for Miscellaneous Employees; and 4850, for Public Safety Employees, specifically addresses entitlement for paid time off work when disabled due to job injury.
G. Deferred Compensation: The City shall provide the opportunity for entitled employees to participate, at their own expense, in a Deferred Compensation Program.
H. Group Continuation of Health and Life Insurance: Federal Legislation (P.L. 99-272, the Consolidated Omnibus Budget Reconciliation Act - COBRA) requires agencies with 20 or more employees to continue health care coverage for terminated employees and for widows, ex-spouses and dependents of employees for eighteen (18) to thirty-six (36) months for certain qualifying events. Such benefits are provided at the expense of the employee or entitled relative or dependent. This area is addressed more extensively in the CalPERS Group Continuation Plan.
I. Tuition Reimbursement: Subject to administrative approval, the City shall reimburse entitled employees for education-related expenses in accordance with City of Los Banos Tuition Reimbursement Policy; Division 5-A.
J. Sick Leave Benefits: Sick Leave, will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Sick Leave Benefits Policy; Division 5-8.
K. Vacation Leave Benefits: Vacation Leave will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Vacation Leave Policy; Division 5-C.
L. Holiday Leave Benefits: Holiday Leave will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Holiday Leave Policy; Division 5-E.
M. Catastrophic Leave: Catastrophic Leave Donations will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Catastrophic Leave Donation Policy; Division 5-D.
N. Education Incentive Pay: Educational Incentive Pay will be provided to all qualifying employees in accordance with the City of Los Banos Education Incentive Pay Policy for specific guidelines; Division 5-H.
Personnel Benefits
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53 Updated March 5May 7, 2025
0. Bilingual Incentive Pay: Bilingual Incentive Pay will be provided to certain employees in accordance with the City of Los Banos Bilingual Incentive Pay Policy for specific guidelines; Division 5-L.
P. Uniform Reporting: The City will report the monetary value of uniforms and uniform maintenance per California Code of Regulations Section 571 for those employees required to wear uniforms, except those CalPERS members who fall under the PEPRA. The uniform purchase and maintenance amount reported to CalPERS will be derived from the City's total calendar year cost for providing the employee's uniforms, not to exceed $1,000.00 per fiscal year, per employee (effective retroactively to July 1, 2011 ).
Q. Notary Public Certification Pay
1. Certain City employees shall be entitled to receive the following compensation when they have been awarded and hold a Notary Public Certificate issued by the State of California. Department of Secretary of State: $100.00 per month.
2. Effective May 1. 2025, The number of employees will be limited to the following departments: two (2) from Community & Economic Development. two (2) from Administration. and one (1) from Public Works.
3. Employees receiving the Notary Public Certificate Pay will be required to notarize documents when requested by the public or City staff during normal business hours.
R. Municipal Clerk Certification Pay
City employees shall be entitled to receive the following compensation when they have been awarded a Certified Municipal Clerk (CMC) or Master Municipal Clerk (MMC) Certificate and Designation from the International Institute of Municipal Clerks {IIMC): $100.00 per month. Municipal Clerk Certification 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.
S. Project Management Professional Certification Pay
Effective May 1. 2025. City 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.
Personnel Benefits
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54 Updated March 5May 7, 2025
SEC. 5006 BENEFITS PROVIDED TO ALL REGULAR EMPLOYEES: EXCEPT
MANAGERS AND MIDDLE MANAGERS
A. Compensatory Time Off: All eligible Regular Employees shall, at their choice, be permitted to accrue Compensatory Time Off (CTO) in lieu of receiving overtime pay for hours worked in excess of normal duty assignments. See City of Los Banos Compensatory Time Off Policy for specific guidelines governing this practice; Division 5-F.
B. Overtime Compensation: All eligible Regular Employees shall be entitled to Overtime Compensation in accordance with the guidelines set forth in the City of Los Banos Overtime compensation Policy; Division 5-G.
SEC. 5007 BENEFITS PROVIDED TO POLICE DEPARTMENT EMPLOYEES ONLY A. Lateral Transfer Incentive Pay
Effective September 18, 2002, the City Council established Lateral Transfer Incentive Pay not to exceed $3,000.00. The Police Chief will have authority with concurrence of the City Manager to offer the pay incentive to lateral transfer police officer applicants.
This offer may vary based on the previous experience of the applicant. This incentive pay could also be used to pay for a police academy loan or relocation costs.
The Police Chief shall provide written notification to the Human Resources Director and City Manager when a Police Officer is to receive the Lateral Transfer Incentive Pay.
B. Peace Officer Standards and Training (P.O.S.T.) Certificate Incentive Pay - Unrepresented Sworn Personnel
Employees who have been approved by the Chief of Police, and also including the Chief of Police, will be entitled to receive the following compensation when they have been awarded and hold the specified California Commission on Peace Officer Standards and Training Certificate as follows:
1) $150 per month for a P.O.S.T. Intermediate Certificate, or 2) $ 400 per month for a P.O.S.T. Advanced Certificate, or 3) $ 500 per month for a P.O.S.T. Supervisory Certificate.
C. Peace Officer Standards and Training (P.O.S.T.) Certificate Incentive Pay - Unrepresented Non-Sworn Personnel
1) $ 75 per month for a P.O.S.T. Intermediate Dispatcher Certificate, and 2) $ 100 per month for a P.O.S.T. Public Safety Dispatcher Supervisory Certificate, and
3) $100 per month for a P.O.S.T. Records Supervisor Certificate Personnel Benefits
5-9
55 Updated March 5May 7, 2025
Not to exceed $ 275 per month for any combination of the above.
SEC. 5008 BENEFITS PROVIDED FOR CERTAIN PARTICIPATING EMPLOYEES State Disability Insurance: The City allows for participation in the State Disability Insurance (SDI) Program for those employee groups who desire such option. Payment of SDI premiums is the responsibility of participating employees. See City of Los Banos State Disability Income (SDI) Policy for specific employee groups currently involved in this program and clarification of the City's position with regard to their participation; Division 5-1.
SEC. 5009 BENEFITS PROVIDED TO CERTAIN PUBLIC WORKS EMPLOYEES A. Certificate Pay/Water and Wastewater Division Employees
1. Effective May 1. 2025, Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services Water/Wastewater Treatment; a) $W-:00100.00 per month for Grade II, and b) $2&.-0050.00 per month for Grade I.
2. Effective May 1, 2025, Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services Water Distribution; a) $2&.-0050.00 per month for Grade 11, and b) $W:-00100.00 per month for Grade Ill.
3. Effective May 1, 2025, 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 May 1. 2025, Compensation shall not exceed $100.00300.00 per month for any combination of certificates.
5. In order to continue to receive this benefit certified employees will be required to submit proof of re-certification to the City Manager as soon as it is issued.
B. Heavy/Special Equipment Operator Differential Pay
1. Effective May 1, 2025 City employees 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.
Personnel Benefits
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56 Updated March 5May 7, 2025
2. Effective May 1, 2025, City employees in the Utilities 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.
3. Eligible employees are required to report time spent operating the Sweeper and Vactor Truck on their time cards in order to receive differential pay.
4. 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.
C. Refuse Collection Pay
Effective May 1. 2025, City employees assigned to Encampment Cleanup duty 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.
S:- D. Applicator Certificate & License Pay/Parks & Streets Division Employees
1. Public \1\1-orksParks & Streets Division 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; a) $50.00 per month for Pesticide License, b) $25.00 per month for a Qualified Applicator Certificate, and c) $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. Compensation shall not exceed $100.00 per month for any combination of licenses/certificates.
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57 Updated March 5May 7, 2025
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.
C. Arborist Certificate Pay
Certain Public Works & Parks & Recreation employees shall be entitled to receive the following compensation when they have been awarded and hold an Arborist Certificate issued by the International Society of Arboriculture; $200.00 per month.
SEC. 5010 BENEFITS PROVIDED FOR CITY HALL EMPLOYEES/empty/ A Notary Public Pav {moved to 5005 Ql
B.
1. Certain City Hall employees shall be entitled to receive the following eompensation i.+Jhen they have been a·.-.iarded and hold a Notary Public Certificate issued by the State of California, Department of Secretary of State; $100.00 per month.
2. The number of persons will be limited to one (1) from each of the following departments at City Hall: Community Development, Finance, and t>No (2) from Administration.
3. Employees receiving the Notary Public Certificate Pay will be required to notarize documents 1
.vhen requested by the public or City staff during normal business hours.
Municipal Clerk Certification Pay {moved to 5005 Rl
All City Hall employees shall be entitled to receive the follmving compensation •.-.,hen they have been awarded a Certified Municipal Clerk (CMG) or Master Municipal Clerk (MMC) Certificate and Designation from the International Institute of Municipal Clerks (IIMC); $100.00 per month.
SEC. 5011 BENEFITS PROVIDED FOR MANAGEMENT AND MIDDLE MANAGEMENT
EMPLOYEES ONLY
A. Admin Leave for Management Employees: As designated in job description, Management employees who are not entitled to accrue compensatory time off or receive overtime pay for hours worked in excess of regular duty time, shall be entitled to twelve (12) work days off, with full salary and benefits, during every fiscal year of employment in such positions.
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58 Updated March 5May 7, 2025
B. Admin Leave for Middle Management Employees: As designated in job description, Middle Management employees, who are not entitled to accrue compensatory time off or receive overtime pay for hours worked in excess of regular duty time, shall be entitled to six (6) work days off, with full salary and benefits, during every fiscal year of employment in such position. New Middle Management employee hired after the July 1st accrual date will be prorated accordingly. If Adm in Leave is not taken during the Fiscal Year it was earned, it will not be carried over and the employee will lose his/her right to the unused days. Further, a Middle Management employee who leaves the City employment shall not be compensated for any unused Admin Leave to which he/she would otherwise have been entitled.
C. Pro-ration: New Management and Middle Management employees hired after the July 1st accrual date will be prorated accordingly. If Ad min Leave is not taken during the fiscal year it was earned, it will not be carried over and the employee will lose his/her right to the unused days. Further, a Management or Middle Management employee who leaves City employment shall not be compensated for any unused Admin Leave to which they would otherwise have been entitled.
SEC. 5012 BENEFITS PROVIDED FOR MAYOR AND CITY COUNCIL MEMBERS A. Cell Phone Allowance
The Mayor and City Council Members shall be entitled to receive a monthly cell phone allowance in the amount of $75.00. Proof of a current cell phone contract plan is to be provided to receive cell phone allowance.
SEC. 5013 BENEFITS PROVIDED TO QUALIFYING PART-TIME EMPLOYEES Effective July 1, 2015, if a Part-time employee is qualifying and elects health insurance coverage while employed with the City, the City shall contribute the following amounts toward the premiums for the cost of CalPERS health coverage for the employee and eligible dependents: a) 30-39 hours worked per week - 50% of the Blue Shield Access (HMO) premium; minus the PEMHCA minimum employer contribution toward monthly health insurance premium; b) 0-29 hours worked per week - No contribution will be made toward a health insurance premium.
SEC. 5014 BENEFITS NOT COVERED IN THIS DIVISION STATEMENT Any employee benefits not covered in this Division that are required to be offered under provision of State or Federal Law or in conformity with an existing labor agreement, shall be provided.
Personnel Benefits
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59 60
LOsBanos
At the Crossroads oJ Calif oruia
Agenda Staff Report
TO:
FROM:
Mayor Amabile & City Council Members
Gary Brizzee, Interim City Manager
DATE: May 7, 2025
SUBJECT: Agreement for City Attorney Services
TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that the City Council
Adopt Resolution No. --
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS CONFIRMING THE APPOINTMENT OF WILLIAM A. VAUGHN AS CITY
ATTORNEY AND APPROVING AGREEMENT FOR CITY ATTORNEY
SERVICES
Background:
William A. Vaughn has been contract City Attorney for the City of Los Banos since May of 2003. As City Attorney, Mr. Vaughn has worked with numerous city councils, city managers, and department heads during the past 22 years. Mr. Vaughn has the longest tenure of any city attorney in Merced County.
As City Attorney, Mr. Vaughn provides legal services to all of the City department heads on request and reports primarily to the city manager on a day to day basis. Mr. Vaughn attends all City Council Meetings, all Planning Commission Meetings, and all Staff 61 ITEM 7G
Meetings. As City Attorney, Mr. Vaughn also manages legal services provided to the City by other specialized attorneys.
As a contract City Attorney, Mr. Vaughn is responsible for 100% of the expense of his staff; office space; liability and malpractice insurance; library; supplies and equipment; and general office overhead.
Discussion:
The current Agreement provides for a three (3) year term; a $12,600.00 monthly retainer for providing general legal services to the City; and $225.00 per hour for legal services outside the retainer services. The last monetary adjustment to the current Agreement was five (5) years ago in 2020.
The new/proposed Agreement would provide for an increase/adjustment in compensation as follows: $14,700.00 monthly retainer for providing general legal services to the City and $275.00 per hour for providing legal services to the City outside the retainer. Those increases/adjustments would be effective May 1, 2025. In addition the term of the Agreement would be changed from a three (3) year term to no specified term terminable at any time by either party upon 60 days' notice.
Fiscal Impact:
The fixed monthly payment under the retainer agreement will increase from $12,600 to $14,700, representing a monthly adjustment of $2,100. Additionally, the hourly rate for services outside the scope of the retainer will rise from $225 to $275, reflecting a perhour increase of $50. The City has sufficient appropriations in the 2024-25 Fiscal Year Budget to accommodate these adjustments and will include them in the 2025-26 Fiscal Year Budget.
Conclusion:
Staff recommends that the City Council adopt Resolution No. __ Reviewed by:
Interim City Manager
Attachments:
Resolution/Proposed Agreement
Minerv~ Moreno,
Finance Director
62 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS CONFIRMING THE APPOINTMENT OF
WILLIAM A. VAUGHN AS CITY ATTORNEY AND
APPROVING AGREEMENT FOR CITY ATTORNEY
SERVICES
WHEREAS, William A. Vaughn ("City Attorney") was appointed City Attorney for the City of Los Banos ("City") on May 21, 2003; and
WHEREAS, the City and City Attorney entered an agreement dated May 22, 2003 as amended in December 2004, April 1, 2009, and February 15, 2017 by which William A. Vaughn has been continuously providing City Attorney services to the City of Los Banos; and WHEREAS, the City and City Attorney desire to amend and restate the current agreement for city attorney services.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Los Banos does hereby confirm the appointment of William A. Vaughn as Los Banos City Attorney and approve the Agreement for City Attorney Services dated May 7, 2025, as presented herein and authorizes and directs the Mayor to execute said Agreement.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of May 2025, by City Council Member _ ___ ., who moved its adoption, which motion was duly seconded by City 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
I
63 64
AGREEMENT FOR CITY ATTORNEY SERVICES
THIS AGREEMENT entered into as of the 7th day of May, 2025 "effective date", by and between the CITY OF LOS BANOS, a California municipal corporation, hereinafter referred to as "CLIENT", and WILLIAM A.VAUGHN dba LAW OFFICE OF WILLIAM A. VAUGHN hereinafter referred to as "ATTORNEY".
RECITIALS
WHEREAS, ATTORNEY has been providing contract legal services to the CLIENT as its duly appointed City Attorney since May 21, 2003; and WHEREAS, CLIENT and ATTORNEY desire to restate the prior agreement for legal services and establish the terms and conditions for providing legal services to the CLIENT and the compensation as of the effective date of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
ARTICLE I
CONFIRMATION OF APPOINTMENT OF CITY ATTORNEY
1.1. CLIENT hereby confirms the appointment of WILLIAM A. VAUGHN to serve as City Attorney for the City of Los Banos, and who shall be primarily responsible to perform or cause to be performed the work described in this Agreement. ATTORNEY shall have the authority vested in City Attorneys by the applicable laws of the State of California.
ATTORNEY shall expend best efforts to carry out the professional services described herein, and faithfully represent the interests of the CLIENT during the term of this Agreement.
ARTICLE2
RESPONSIBILITIES OF ATTORNEY
2.1. ATTORNEY shall perform any and all work necessary for the provision of City Attorney services to CLIENT as set forth in the scope of services, attached hereto as Exhibit A,
2.2. ATTORNEY represents the tasks and services required herein will be performed by ATTORNEY, or under his direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable state and local law to perform such tasks and services.
2.3. ATTORNEY shall perform all work required hereunder in a prompt and professional manner and shall exercise the standards of care required for the provision of legal services.
Upon request or in accordance with such procedures as CLIENT may establish from time to time, ATTORNEY shall periodically report to CLIENT regarding the status of all legal matters being handled by ATTORNEY.
1 05.07.2025
65 2.4. ATTORNEY shall comply with all applicable federal, state and local laws, ordinances, and regulations.
2.5. ATTORNEY shall not represent any party before the City Council or any of CLIENT's commissions, boards, or committees. Nor shall ATTORNEY represent any party in any litigation when CLIENT is an adversary party in such litigation.
2.6. ATTORNEY shall not be prohibited from engaging in private civil or criminal legal work providing that no private case shall be knowingly accepted or work done in connection therewith which would cause a conflict of interest as the City Attorney under this Agreement.
2.7. ATTORNEY may retain outside legal counsel where ATTORNEY determines in concurrence with the City Manager that effective and/or timely representation requires the retention of outside legal counsel. Services provided by outside legal counsel shall be billed separately by outside legal counsel and included in ATTORNEY's monthly invoicing.
ARTICLE3
RESPONSIBILITIES OF CLIENT
3.1. CLIENT shall provide full information to ATTORNEY and cooperate with ATTORNEY to the extent necessary to enable ATTORNEY to provide all services required pursuant to this Agreement.
ARTICLE4
COMPENSATION
4.1. Commencing May 1, 2025 CLIENT shall compensate ATTORNEY as set forth herein. CLIENT shall pay ATTORNEY a flat-rate monthly retainer in the amount of$14,700.00 per month for Retainer Services. The monthly rate for Retainer Services shall apply regardless of the number of hours of legal services actually provided. CLIENT shall compensate ATTORNEY for Non-Retainer Services at the rate of $275.00 per hour. CLIENT shall compensate ATTORNEY for Reimbursable Services at the rate of$330.00 per hour.
4.2. For the purposes of this Agreement, Retainer Services shall mean all the legal services as set forth in the attached Exhibit B. For the purposes of this Agreement, NonRetainer Services shall mean all legal services provided to CLIENT other than Retainer Services, as set forth in attached Exhibit C. Reimbursable Services shall mean legal services for which CLIENT is reimbursed by third parties through a reimbursement agreement.
4.3. In addition to its billing for attorney services, ATTORNEY shall be paid for all of its reimbursable costs. As used herein, the term "reimbursable costs" shall include the following:
ATTORNEY's normal hourly charge for paralegal services; charges for any expert witnesses, consultants or subcontractors authorized to be retained by ATTORNEY on behalf of CLIENT; reasonable travel, meal, and lodging expenses; registration fees for attendance at conferences and seminars, document reproduction expenses; copy charges; computerized research charges; 2 05.07.2025
66 litigation expenses, including without limitation court filing fees, court reporter's fees, jury fees, witness fees, and the like; and other reasonable and necessary out-of-pocket expenses. The term "reimbursable costs" shall not include any overhead or administrative charge relating to ATTORNEY's office or ATTORNEY's normal cost of equipment and supplies except as expressly set forth herein. In addition, the CLIENT shall reimburse ATTORNEY for any reasonable out of pocket expenses incurred in attending conferences pre-approved by the CLIENT.
4.4. ATTORNEY shall bill CLIENT monthly for services performed pursuant to this Agreement. ATTORNEY shall establish such separate billing matters as deemed appropriate by CLIENT and consistent with this Agreement. Each bill shall be itemized and shall reflect the date each task is performed, the amount of time spent performing each task, a brief description of the task performed, and the total monthly charge. Reimbursable costs shall be separately itemized. CLIENT shall pay all fees and reimbursable costs due to ATTORNEY within thirty (30) days of receipt of invoice.
ARTICLES
INDEPENDENT CONTRACTOR
5.1. ATTORNEY shall perform all legal services required under this Agreement as an independent contractor of the CLIENT and shall remain, at all times as to the CLIENT, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the CLIENT, nor any of its employees, shall have any control over the manner, mode or means by which ATTORNEY, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth.
ARTICLE6
TERM AND TERMINATION
6.1. The Term of this Agreement shall be the effective date and shall continue thereafter unless terminated by either party hereto pursuant the terms of this Agreement. CLIENT may terminate this Agreement upon providing ATTORNEY sixty (60) days' written notice prior to termination. ATTORNEY may terminate this Agreement on the giving of sixty (60) days written notice to the CLIENT of such termination. Attorney will comply with all obligations required of it pursuant to the State Bar Act in connection with such termination and the transition to replacement counsel. ATTORNEY shall be compensated for its costs and services rendered through the effective date of such termination.
ARTICLE 7
INSURANCE
7 .1. ATTORNEY shall, at his own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of this Agreement, including any extensions thereto, and in compliance with the laws of the State of California. 3 05.07.2025
67 (i) Professional Liability/Errors and Omissions insurance with minimum coverage limits in the amount of $1,000,000.
(ii) Workers Compensation insurance in amounts that satisfy all legal requirements, or otherwise comply with all laws and regulations relating to such coverage.
(iii) General Liability insurance, with minimum coverage limits in the amount of $1,000,000.
7.2. ATTORNEY shall provide certificates of insurance with original endorsements to CLIENT as evidence of the insurance coverage required herein. Current certification of insurance shall be kept on file with CLIENT at all times during the term of this Agreement.
ARTICLE8
GENERAL PROVISIONS
8.1. Notices. 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:
CLIENT:
City of Los Banos
Attention: City
520 J Street
Los Banos, California 93635
ATTORNEY:
William A. Vaughn
525 J Street, Suite A
Los Banos, California 93635
Nothing hereinabove shall prevent either CLIENT or ATTORNEY from personally delivering any such notices to the other.
8.2. Interpretation of Agreement. This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California.
8.3. Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any force of effect with respect to those matters covered in this Agreement.
8.4. Performance Review. At the request of the City Council, ATTORNEY shall participate in a performance review.
4 05.07.2025
68 8.5. Amendments. All amendments to this Agreement must be in writing and signed by authorized representatives of the Parties
8.6. Confidentiality and Privileged Communication. Communication between the CLIENT and ATTORNEY shall be confidential and protected by the Attorney-Client Privilege as provided and defined under applicable laws. Both Parties agree to use best efforts to label all communications with "Confidential". Failure to do so, however, will not diminish or eliminate the confidentiality of the communication.
8.7. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, including but not limited to any requirements or interpretation related to confidentiality. Venue shall be in the County of Merced.
8.8. Waiver. A Party's failure to exercise or delay in exercising any of its rights under this Agreement will not constitute a waiver, forfeiture or modification of such rights. A Party's waiver of any right under this Agreement will not constitute a waiver of any other right under this Agreement or of the same right on another occasion, unless so stated. Any waiver must be in writing and signed by the waiving Party.
8.9. Severability. If any provision of this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed limited or, if necessary, severed only to the extent necessary to eliminate such invalidity or unenforceability.
8.10. Entire Agreement. This Agreement (as amended from time to time) comprises the entire understanding between the parties with respect to the subject matter contained herein and supersedes any previous and contemporaneous communications, representations, or agreements, including interim agreements, whether written or oral, with respect thereto, provided that any separate confidentiality agreements between the parties will continue unchanged and in full force and effect according to its terms. If there is a conflict between this Agreement and any other written agreements or oral representations by either Party, this Agreement shall govern as to the subject matter contained herein.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
05.07.2025
5 69
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: _ ____ _, 2025
Date: _ _ _ _ _ _, 2025
ATTEST:
Lucille L. Mallonee, City Clerk
6 05.07.2025
ATTORNEY
LAW OFFICE OF WILLIAM A.
VAUGHN
William A. Vaughn
CLIENT
CITY OF LOS BANOS, a California
municipal corporation
Michael S. Amabile, Mayor
70 EXHIBIT A
SCOPE OF SERVICES:
Act as chief legal counsel to the CLIENT for both elected officials and staff. ATTORNEY shall represent the CLIENT pursuant to Rule 3-600 of the rules of Professional conduct of the California State Bar, and not any individual official, officer, or employee of the CLIENT except as authorized by the City Council.
Provide all of the usual and customary and necessary services of a City Attorney including those matters set forth in Exhibit Band C.
7 05.07.2025
71 EXHIBITB
SERVICES UNDER THE RETAINER
Attendance at and preparation for all regular City CounciVSuccessor Agency/Planning Commission meetings unless excused by the City Manager, Agency Director, or Community Development Director.
Attendance at and preparation for departmental meetings, staff meetings or committee meetings deemed necessary and appropriate, or as requested by the City Manager, City Council, or Department Heads.
Review and approve as to legal form all ordinances, resolutions, agreements, contracts, and other documents of a legal nature as requested by the City Manager, City Council or Department Heads.
Provide general legal advice and representation on all matters affecting the CLIENT when requested by City Council, City Manager, Commissioners, Department Heads and other staff personnel as appropriate.
Consult with City Manager, Department Heads and key staff on a continuing and regular basis to provide legal advice on matters affecting the CLIENT.
Be available by telephone consultation with CLIENT staff, as needed on legal matters which are within their area of operation.
Monitor and advise the City Council and staff of significant legislation and case law affecting the CLIENT.
Provide general legal advice and assistance in the administration of the CLIENT' s general liability risk management and insurance programs, including the monitoring of claims made against the CLIENT.
Provide general conflict of interest assistance as necessary or as requested by CITY Manager, City Council, or other staff as appropriate.
Attendance at California League of Cities and City Attorney Department conferences and semmars.
8 05.07.2025
72 EXHIBITC
SERVICES OUTSIDE THE RETAINER
Negotiation and/or preparation of agreements (i.e., Leases, Deeds, Memorandums of Understanding, Professional Services Agreements, General Services Agreements, Development Agreements, Pre-Annexation Development Agreements, Reimbursement Agreements, etc.) between the CLIENT and third parties.
Preparation of Ordinances, Resolutions, Staff Reports, and related documents and related legal research.
Legal counsel and preparation of documents related to the acquisition and/or disposition of real property by the CLIENT.
Legal counsel and representation related to pending, anticipated, or threatened litigation.
Initiation on behalf of the CLIENT, actions against persons or entities indebted to the CLIENT; actions against persons or entities necessary to enforce the actions, decisions, ordinances, policies or regulations of the CLIENT. Defend the CLIENT in actions initiated against the CLIENT not otherwise covered pursuant to the CLIENT risk management program.
Representation of the CLIENT, its officers, officials, and/or employees in any of the courts of this state, federal court, or before any governmental board, agency or commission.
Legal counsel related to Public Records Act requests.
Legal counsel related to public employment related issues.
Legal counsel related to special projects as requested/approved by the City Manager.
Supervision and/or monitoring of outside legal counsel.
All legal services provided to CLIENT other than Retainer Services. 9 05.07.2025
73 74
LOsBanos
t the Crossroads of Calif ontia
Agenda. Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City E DATE May 7, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Authorizing Award of a Construction Contract Agreement to Rolfe Construction Inc. in the amount of $4,432,440 for construction of the Final Kilometer Sewer Trunk Line Replacement Project
Recommendation:
That the City Council adopt a Resolution awarding the Construction Contract to Rolfe Construction Inc. and to authorize the Interim City Manager to execute the Construction Contract Agreement in the amount of $4,432,440, with a 15% contingency in the amount of $664,866.
Background:
The 36" Main Trunk Line to the Wastewater Treatment Plant Project (Final Kilometer Sewer Trunk Line Replacement) is on the City's Capital Plan. This project is to accommodate wastewater flows from new development as well as replace wastewater collection infrastructure serving the City, which has reached the end of its useful life.
Discussion:
The existing 24" trunk main is at capacity, and has reached the end of its useful life and needs to replaced. In order to accommodate increased wastewater flows from new development, this project will increase the pipe diameter from 24" to 36" providing an increased capacity.
Due to elevation conflicts with the trunk main crossing Grassland Water District's (GWD) San Luis Canal the canal flows need to be rerouted through a new siphon. The "in-water" work needs to be completed in a 45-day window while the canal is dewatered for GWD maintenance activities which are scheduled between June 1 - July 15, 2025. The short ITEM 8
75 timeframe will most likely require night time work to complete the new siphon within this 45-day window. Construction of this work while the San Luis Canal is dry, will save an estimated $250,000.
This project is to be constructed from the Wastewater Treatment Plant site on the east toward the west to Rockport Drive. Work on the western third of the project will be accomplished only after obtaining prior approval from the property owner.
The bid opening for the Project was held at City Hall on March 21, 2024 at 2:00 PM. The Public Works Department, through the Office of the City Clerk, received five (5) bids from the following contractors:
Contractor
Rolfe Construction Inc.
Mountain Cascade Inc.
Mozingo Construction Inc.
Mid Cal Pipeline and Utilities Inc.
Teichert Construction
Location
Atwater, CA
Livermore, CA
Oakdale, CA
Merced, CA
Roseville, CA
Amount
$4,432,440
$5,060,402
$5,371,920
$5,723,800
$5,980,400
Staff reviewed each bid proposals for completeness and researched the experience of the apparent low proposer. Rolfe Construction Inc. has provided the lowest responsive and responsible bid for the Project. Staff is recommending Rolfe Construction Inc. be awarded the contract for the construction of the Project in the amount of $4,432,440 and approving a 15% contingency amount of $664,866 to address potential changed conditions during construction.
In addition to the construction contract and contingency, a construction support amount of $1,100,000 has been budgeted to provide for construction management by a consulting civil engineer, surveying, material testing, and to provide for compliance with the specifications.
This work is expected to commence in May, 2025 with a construction duration of 242 working days (approximately 14 months).
Staff recommends a Construction Budget of $6,197,306 as shown below:
Construction Contract:
Contingency @ 15%:
Owner supplied items, Construction Management,
Survey staking, testing services and inspections:
Total Construction Budget:
Fiscal Impact:
$4,432,440
$ 664,866
$1,100,000
$6,197,306
Funds from the Wastewater Enterprise Fund in the amount of $2,511 ,148 plus Wastewater Impact Fees in the amount of $3,686,158 totaling $6,197,306 for this project have been programmed in Wastewater Collections account 502-432-100-739 in the 2024- 2025 (FY25) fiscal year budget.
76 Environmental Analysis:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (b), Existing Facilities. The project involves the replacement of an existing publicly-owned utility used to provide sewer services to the public.
Reviewed by:
GaA~nterim City Manager
Attachments:
Resolution
Project Location Map
Advertisement for Bid
Bid Opening Sheet
Agreement
Minerva Mofono, Finance Director
77 78
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS 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
WHEREAS, the City of Los Banos Public Works Department received competitive bids on March 21, 2025 for the purpose of constructing the Final Kilometer Sewer Trunk Line Replacement Project; and
WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Rolfe Construction, Inc. provided the lowest responsive and responsible proposal in the amount of $4,432,440; and
WHEREAS, the Public Works Department requests the City Council authorize a 15% contingency in the amount of $664,866; and
WHEREAS, the Public Works Department requests the City Council authorize the Interim City Manager to execute the Construction Contract Agreement with Rolfe Construction, Inc. and authorizes the Public Works Director/City Engineer to administer the Construction Contract including the 15% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Final Kilometer Sewer Trunk Line Replacement was adequately evaluated and determined to be categorically exempt pursuant to Section 15301(b), Existing Facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Rolfe Construction, Inc. in the amount of $4,432,440 with a 15% contingency in amount of $664,866, authorizes the Interim City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 15% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of May, 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:
79 ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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81 82
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, March 21, 2025 and then at said office publicly opened and read aloud.
The major work consists of Furnish and Install approximately 3,328 lineal feet of 36-inch HOPE SOR 21 (Class 100 psi) (STA 10+00 to STA 42+58 & STA 50+98.26 to STA 51+67.52), Furnish and Install 60-inch manholes along the 36-inch sewer pipeline alignment, Construct San Luis Drain Crossing (STA 42+58 to STA 50+98.26), Construct a sewer junction box, tie-in to existing facilities at different locations, Furnish, Install, and Operate Sewer Bypass, Furnish and Install Traffic Control & Detour Plan, Install Owner furnished 368 lineal feet of 48-inch RGRCP C361 C-25, construct the San Luis Canal siphon, construct the San Luis Canal turnout, and construct the San Luis Canal outlet.
The time for completion shall be two hundred and forty-two (242) working days.
The time for completion for the work within the San Luis Canal right-of-way shall be from June 1st to July 1st\ 202s.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http:ljwww.dir.ca.gov/ Public-Works/ PublicWorks.html
83 Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A.
A pre-bid meeting will be held on March 13, 2025 at 10am.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 84 •. Cityof Los Banos
At the Crossroads of California
BID OPENING
KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT
March 21 . 2025
1. Mid Cal Pipeline & Utilities Inc.
2. Rolfe Construction Inc.
3. Mountain Cascade Inc.
4. Mozingo Construction Inc.
5. Teichert Construction
Signell;:~
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
$ 5,723,800.00
$4,432,440.00
$5,060,402.00
$5,371,920.00
$5,980,400.00
Dated: March 21, 2025
~ &t~
J~ Melo
Administrative Coordinator
85 86
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2025 by and between the City of Los Banos, a California municipal corporation ("Owner") and Rolfe Construction, Inc. ("Contractor'').
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT".
The work is generally described as follows:
• The major work consists of Furnish and Install approximately 3,328 lineal feet of 36- inch HOPE SOR 21 (Class 100 psi) (STA 10+00 to STA 42+58 & STA 50+98.26 to STA 51+67.52), Furnish and Install 60-inch manholes along the 36-inch sewer pipeline alignment, Construct San Luis Drain Crossing (STA 42+58 to STA 50+98.26), Construct a sewer junction box, tie-in to existing facilities at different locations, Furnish, Install, and Operate Sewer Bypass, Furnish & Install Traffic Control & Detour Plan, Install owner furnished 368 lineal feet of 48-inch RGRCP C361 C-25, construct the San Luis Canal siphon, construct the San Luis Canal turnout, and construct the San Luis Canal outlet.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents. Contractor shall commence the work required to construct San Luis Canal Siphon, San Luis Canal Turnout, and San Luis Canal Outlet on or before June 1st.
All work within the San Luis Canal shall be completed by July 15th. Failure to complete the work within the San Luis Canal will result in liquidated damages.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Thousand Dollars($ 5,000.00) for each working day that passes after the time specified for work within the San Luis Canal right-of-way. Contractor shall furnish, install, and operate at no cost to Owner a canal bypass system with a capacity up to 200 CFS in order to pass operational canal flows around the work area in Paragraph 2 herein. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Thousand Dollars($ 2,000.00) for each working day that passes after the time specified in the Notice to Proceed.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The 87 Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
( J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by PROVOST & PRITCHARD CONSUL TING GROUP entitled "FINAL KILOMETER SEWER TRUNK LINE REPLACEMENT PROJECT", dated March 5, 2025.
(N) Drawings prepared by PROVOST & PRITCHARD CONSUL TING GROUP numbered 1 (Sheet G1) through 33 (Sheet D5).
(0) Addenda No. 1, dated March 14, 2025 and No. 2, dated March 18, 2025 There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
8. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this 88 Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Calendar Day, the time period shall be extended to the next Calendar Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: ---------------- Authorized Representative of Owner Title: ----------------
By: - ---------------
Title:
Authorized Representative of
Contractor
----------------
(Attach Acknowledgement for Authorized Representative of Contractor) 89 90
LOsBanos
At the Crossroads of Calif orniti
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City Engi DATE: May 7, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Authorize the Interim City Manager to a 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's Municipal Code.
Recommendation:
That the City Council adopt a Resolution authorizing the Interim City Manager to execute a Purchase Order with Agee Construction Corporation in the amount of $175,269 for procurement and delivery of reinforced concrete pipe pursuant to The City's Municipal Code, Section 3-10.250(m).
Background/Discussion:
The City is actively moving forward to construct the 36" sewer trunk main from the easterly City Limits to Wastewater Treatment Plant. Currently, the existing sewer trunk flows through the Grassland Water District (GWD) San Luis Canal at the same elevations. This alignment is vulnerable to external damage should extraneous objects like refrigerators or auto debris collide with the trunk line. The resulting collision could lead to a sewage spill. Separating the canal flow from the sewer alignment avoids this liability.
Due to this elevation conflict, the canal flows are to be rerouted through a new siphon constructed of reinforced concrete pipe (RCP) and below the sewer trunk line. This "inwater" work needs to be completed in a 45-day window while the canal is dewatered for GWD maintenance activities which are scheduled between June 1 and July 15, 2025.
Recognizing the long lead time for acquiring the concrete piping needed to construct the siphon, the City advertised for procurement of the RCP as a separate item to be supplied by the City to the Contractor for installation as part of the sewer trunk line construction. 91 ITEM 9
All of the work, including storage of construction materials, and related equipment, will be staged and operate only on GWD and/or City property. Property owner approval will be will be sought prior to use of another's property, during this project.
A Notice to Bidders for the RCP was published in the Westside Express on January 29th and February 3rd with bids due February 20, 2025. In addition to our standard posting with the builder exchanges, staff sent the Notice to Bidders to several RCP pipe manufacturers and a local contractor. No bids were received.
After consultation with the City Attorney, it was determined that in accordance with Section 3-10.250(m) of the City's Municipal Code, the City could proceed to have the services performed or the goods procured without further competitive bidding. Pursuant to this provision, staff negotiated with Agee Construction Corporation of Clovis for the procurement of the needed RCP. The recommended Resolution authorizes the Interim City Manager to execute a Purchase Order with Agee Construction Corporation in the amount of $175,269 for the procurement of the RCP.
Fiscal Impact:
There are sufficient appropriations budgeted in Account No. 502-432-100-739 to fund the RCP procurement.
Reviewed by:
Interim City Manager
Attachment
Resolution
• i Minerva Moreno
Finance Director
Cost Proposal from Agee Construction Corporation
Site Map
92 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS 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
WHEREAS, The City of Los Banos has the responsibility to procure, manage, and maintain the City's wastewater, water and stormdrain utility infrastructure; and WHEREAS, In an effort to timely provide materials needed for the construction of the Final Kilometer Sewer Trunk Line Replacement (Project), the City desires to provide certain long-lead items to be provided by the City to the contractor selected to construct the Project; and
WHEREAS, Reinforced Concrete Pipe (RCP) has been identified as a long-lead item necessary to complete the Project within the construction window associated with construction activities within the San Luis Canal; and
WHEREAS, A Notice to Bidders for the RCP was published in the Westside Express on January 29, 2025 and February 5, 2025 with no bids received on the due date of February 20, 2025; and
WHEREAS, Section 3-10.250(m) of the Los Banos Municipal Code allows for goods and services to procured without further competitive bidding when no bids are received for the goods or services under the formal or informal bidding process; and WHEREAS, Due to long-lead time to secure the material, staff negotiated with Agee Construction Corporation, who is currently under contract to construct the Pioneer/Ortigalita Intersection improvements, for the procurement of the needed RCP; and
WHEREAS, Sufficient funds have been budgeted in Account No. 502-432-100- 739 to fund the Purchase Order for procurement of the RCP.
NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Los Banos authorize the Interim City Manager to execute a Purchase Order with Agee Construction for the procurement of RCP for the Project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of May, 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
93 AYES:
NOES:
ABSENT:
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
94 Cost Proposal from Agee Construction Corporation
RGRCP Pipe Supply, Delivery and Unloading
RGRCP to meet ASTM C361-C25 standards and specifications, single gasket type.
RGRCP gaskets to meet ASTM 1619 standards and specifications, standard gasket type.
Item
No. Item Description Unit Quantity Unit Price Amount
1 Mobilization, Transportation and LS 1 $22,000.00 $22,000.00 Unloading at Location No. 1.
2 48" Diameter by Eight Foot (8') EA 50 $2,352.00 $117,600.00 Long RGRCP Pipe with single
spigot grove
ASTM C361- C25.
3 48" Diameter by Four Foot (4') EA 12 $2,352.00 $28,224.00 Long RGRCP Pipe with single
spigot grove
ASTM C361-C25.
5 48" Diameter RGRCP Gaskets, EA 68 $13.75 $935.00
standard type. ASTM C1619
6 15" Diameter by Eight Foot {8') EA 13 $495.00 $6,435.00 Lorig RGRCP Pipe with single
spigot grove
ASTM C361- C25.
7 15" Diameter RGRCP Gaskets, EA 15 $5.00 $75.00
standard type. ASTM C1619
TOTAL AMOUNT: ITEMS 1-7 $175,269.00
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97 98
TO:
FROM:
DATE:
LOsBanos
t tlu 11 , owl c / ,
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director <;3£ May 7, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Los Banos Downtown Property and Business Improvement District (PBID) Agreement
Recommendation:
That the City Council adopt a resolution authorizing the Interim City Manager to execute an agreement for implementation of the Management District Plan between the City of Los Banos and the Los Banos Downtown Association
Background:
On August 7, 2024, the City Council renewed the Los Banos Downtown Property and Business Improvement District (PBID) pursuant to the Property and Business Improvement District Law of 1994 (Streets and Highways Code §§ 36600-36671 ). The PBID renewal is for a term beginning January 1, 2025 through December 31, 2034 and encompasses approximately five (5) whole and partial blocks in the commercial core of Downtown Los Banos (Attachment 3). The PBID is designed to fund activities and improvements in accordance with the Management District Plan, which focuses on revitalization and promotion of the downtown area.
1 ITEM 10
99 Discussion:
The City has had an agreement with the Los Banos Downtown Association for the past five (5) years to implement the PBID's Management District Plan. The proposed Agreement is substantially identical to the previous agreement, with two changes:
1. Term Extension: The new Agreement extends the term to ten years, through December 31 , 2034, to align with the newly renewed PBID.
2. Annual Report Due Date: The due date for the Association's annual report to the City has been changed from March 1st to May 1st to better align with operational and fiscal reporting cycles.
The Agreement (Attachment 2) formalizes the relationship between the City of Los Banos and the Los Banos Downtown Association, a California nonprofit corporation, designated to administer and implement the PBID's Management District Plan. Under the terms of the Agreement:
• The Association will provide services and improvements as outlined in the Plan; • The Association is required to submit annual budgets and reports to the City; • The City will coordinate with the County of Merced for the levy and collection of assessments, and remit net funds to the Association;
• The Association is required to comply with applicable laws, including the Ralph M.
Brown Act and the California Public Records Act;
• Terms include insurance, indemnification, financial recordkeeping, and auditing requirements.
The proposed agreement has been reviewed and approved by the City Attorney.
Fiscal Impact:
There is no fiscal impact to the General Fund to authorize the execution of this agreement.
All activities and services provided under this agreement are funded by PBID assessments. The City is responsible for deducting its reasonable administrative costs from collected assessments before disbursing the remaining funds to the Association.
Reviewed by:
erim City Manager
2 100
Attachments:
1 . Resolution
2. Agreement
3. PBID Boundary Map
4. Management District Plan
3 101
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR
IMPLEMENTATION OF THE LOS BANOS
DOWNTOWN PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT MANAGEMENT
DISTRICT PLAN BETWEEN THE CITY OF LOS
BANOS AND LOS BANOS DOWNTOWN
ASSOCIATION
WHEREAS, on August 7, 2024, the Los Banos City Council renewed the Property and Business Improvement District (PBID) in accordance with the Property and Business Improvement District Law of 1994 (Streets and Highway Code, Sec. 36600-36671 ), for a term beginning January 1, 2025; and
WHEREAS, the PBID's purpose is to levy a special assessment that will fund the activities and improvements described in the PBID's Management District Plan; and WHEREAS, the Management District Plan designates the Los Banos Downtown Association, a California nonprofit corporation, as the entity responsible for implementing the Plan and managing the PBID's day-to-day operations; WHEREAS, the City desires to enter into an Agreement with the Los Banos Downtown Association to formally designate its responsibilities and establish terms for implementation of the Management District Plan; and
WHEREAS, the Agreement has been reviewed by City staff and found to be in the best interests of the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to execute an agreement for implementation of the Los Banos Downtown Property and Business Improvement District Management District Plan between the City of Los Banos and Los Banos Downtown Association.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of May 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:
1 103
ABSENT:
APPROVED:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 104
AGREEMENT FOR IMPLEMENTATION OF MANAGEMENT
DISTRICT PLAN BETWEEN THE CITY OF LOS BANOS AND
LOS BANOS DOWNTOWN ASSOCIATION
Los Banos Downtown Property and Business Improvement District This Agreement for Implementation of Management District Plan ("Agreement") is made and entered into this __ day of _ ___ 2025, by and between the City of Los Banos, a California municipal corporation, hereinafter referred to as "City," and the Los Banos Downtown Association, a California nonprofit corporation, hereinafter referred to as "Association."
RECITALS
WHEREAS, on August 7, 202024 the City Council (the "City Council") renewed the Property and Business Improvement District (the "PBID") in accordance with the Property and Business Improvement District Law of 1994 (Streets and Highway Code, §§ 36600-36671) for a term year term beginning January 1, 2025 as set forth in its Resolution No. 6821 ("Resolution"); WHEREAS, the PBID' s purpose is to levy a special assessment that will fund the activities and improvements described in the PBID's management district plan ("Management District Plan"). A copy of the Management District Plan is attached to, and made part of, this Agreement.
WHEREAS, the Management District Plan indicates that the Association, a private nonprofit corporation, will provide the activities and improvements described in the plan and otherwise be charged with managing the PBID's day-to-day operations.
WHEREAS, the Property and Business Improvement District Law of 1994 allows the City to contract with the nonprofit corporation designated in the plan.
AGREEMENT
NOW, THEREFORE, City and Association, for the consideration hereinafter described, mutually agree as follows:
1. Effective Date, Term. This Agreement becomes effective on the date it is fully executed, as indicated by the dates in the signature blocks below. The term of this Agreement begins on the effective date and ends at 11 :59 p.m. on December 31, 2034.
1.1 City may terminate this Agreement early if it determines that the Association:
(a) has misappropriated funds, committed malfeasance, or violated any law in providing the activities and improvements described in the Management District Plan or in otherwise administering and implementing the plan; or
(b) has breached this Agreement and has failed to cure the breach within 30 days after receiving the City's written demand for cure. 1 83727.00003\43744413. l
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1.2 Upon expiration or termination of this Agreement, the Association shall do all of the following as expeditiously as is reasonably possible: terminate all of its activities on behalf of the PBID, pay all obligations and administration costs it incurred on behalf of the PBID, and return to the City all remaining PBID funds and all assets acquired with PBID funds. The City will hold all returned funds and assets on behalf of the PBID.
2. Use of Funds. Funds received by Association pursuant to this Agreement shall only be expended for the purposes stated in the Resolution as authorized by the Law, and shall only be expended in accordance with the Management District Plan, attached hereto and incorporated herein by this reference, and each annual report prepared by the Association pursuant to Section 36650 of the Streets and Highway Code, as approved by the City.
3. Association Responsibilities and Obligations. Association agrees to do all of the following:
(a) Management District Plan. Provide the act1v1t1es and improvements described in the Management District Plan and otherwise administer and implement the plan. (b) Initial Report. By May 1 of the first year of operation, submit to the City a written estimate of the PBID's budget for the next year. The estimate must include the amount of any anticipated increase in the assessment.
( c) Annual Reports. By May 1 of each year of operation after the first, submit to the City a written report in accordance with Streets and Highway Code section 36650. (d) Subcontracts. Award and administer all subcontracts necessary for providing the activities and improvements. Follow the following procedure when awarding a subcontract: (1) solicit bids for the work; (2) consider the bids received before awarding the subcontract; and (3) make a written "Bid Record" after the subcontract is awarded (the Bid Record must list the name and amount bid for each bidder and describe the reasons for awarding the subcontract to the successful bidder). For any subcontract, upon request, provide the City with a copy of the subcontract and the Bid Record.
( e) Compliance with Laws. Comply with all federal, state, and local laws; and secure all necessary permits and authorizations for work on public property or within public rightof-ways such as sidewalks, alleys, streets, pedestrian malls, public easements, public buildings, and public-parking areas.
(f) Data Base. Maintain a complete data base of assessed properties within the PBID. Update the data base at least once each year to reflect changed conditions and to accurately reflect the status of assessed parcels. Provide a copy of the data base when submitting the annual reports described in subsection 3(c).
(g) Transparency. Notwithstanding the fact that the Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose; pursuant to Streets and Highway Code section 36612 the Association shall comply with the Ralph M. Brown Act (Chapter 9 ( commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when 2 83727.00003\43744413.l
106
matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. (h) Records/Audit. During the term of this Agreement, and for three years after the term expires or terminates, the Association agrees to maintain detailed records pertaining to PBID administration, including but not limited to records concerning budgeting, expenditures, subcontracts (e.g., Bid Records), insurance, permits, administrative expenses, and overhead. The Association agrees to make all such records available to the City at all reasonable times. If the City requests, the Association will obtain and provide to the City, at the Association's sole cost, an independent financial audit of the Association's use of PBID funds for any or all years of the PBID's operation.
4. City Responsibilities and Obligations. City agrees to do all of the following:
(a) PBID Administration. Administer annual PBID proceedings. This includes preparation of the assessment spread, assessment roll, annual City Council reports, notices to property owners, and any changes to the PBID's organization or to the cost-spread formulas. (b) Billing and Collecting. Coordinate with the County of Merced on the annual levy and collection of PBID assessments.
(c) Payments to the Association. The annual PBID assessments will be collected with the regular county property taxes. With respect to the assessable parcel(s) of any public agencies for which the County of Merced does not bill the annual PBID assessments, City shall bill such agencies for PBID assessments, including the enforcement of the collection of such assessments. After deducting the City's reasonable and necessary administrative expenses, including consultant costs, the City will pay the Association the balance of revenue actually received from County. Payment will occur twice each year, with the City becoming obligated to make a payment only when both of the following have occurred:
(1) The County of Merced has disbursed the assessment revenue to the City (typically within 60 to 90 days after December 10 and April 10). (2) The Association has served the City with a written notice requesting payment. A notice will be valid only if served after the City has received the disbursement concerned.
5. Indemnification. To the full extent permitted by law, Association shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents ("Indemnified Parties") from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees) ("Claims"), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Association or by any individual or City for which Association is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Association. 3 83727.00003\43744413. l
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Notwithstanding the foregoing, nothing herein shall be construed to require Association to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Association.
In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding arising from Association's performance of this Agreement, the Association shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
6. Insurance. Without limiting Association's indemnification of City, and prior to commencement of services. Association 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. Association 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 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. Electronic signatures on endorsements and other forms are acceptable.
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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Association shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Association 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.
ii. General Liability Coverage. Association 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. Association's general liability policies shall be 4 83727.00003\43744413. l
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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. m. Automobile Liability Coverage. Association 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 Association 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 Association.
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 Association'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. m. 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.
6.1 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Association may be held responsible for payments of damages to persons or property.
7. Nondiscrimination. In the performing of this Agreement, Association 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 ongm, handicap, ancestry, sex or age.
5 83727.00003\43744413.1
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8. Independent Contractor. It is understood that City retains Association on an independent contractor basis and Association is not an agent or employee of City. The manner and means of conducting the work are under the control of Association, 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 Association or any of Association's employees or agents, to be the agents or employees of City. Association shall have the responsibility for and control over the means of performing the work, provided that Association is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Association as to the details of the performance or to exercise a measure of control over Association shall mean only that Association shall follow the desires of City with respect to the results of the services.
8.1 Association 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 Association or any other person performing services under this Agreement.
Association 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. Association 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.
9. Conflict oflnterest. For the duration of this Agreement, neither Association nor its employees will act as consultants or perform services of any kind for any other person or entity in regard to the PBID without the prior written consent of City. In addition, neither members of the Board of Directors of Association, nor its Chief Executive Officer, may enter into any other contracts regarding the PBID, nor vote on any PBID matter when such contract or matter would be of financial benefit to the member or director over and above the general financial benefit to all members in the PBID.
10. General Fund Not Liable. Neither the general fund nor any other fund or monies of the City other than actual PBID revenues will be liable for payment of any obligations arising from this Agreement. Those obligations are not a debt of the City, nor are they a legal or equitable pledge, charge, lien, or encumbrance upon any of the City's property, income, receipts, or revenues.
11. Notices. To be effective , any notice concerning this Agreement must be served by placing it in the U. S. Mail, addressed as set forth below, with postage prepaid (registered or certified mail, return receipt requested):
If to the City:
City of Los Banos
520 J Street
Los Banos, CA 93635
83727.00003\43744413.1
6 If to the Association:
Los Banos Downtown Association
907 Sixth Street
Los Banos, CA 93635
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A notice will be considered delivered two business days after the date of deposit in the U.
S. Mail. Any party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this Section 11.
12. Attorneys' Fees. The prevailing party in any litigation or arbitration brought to enforce this Agreement will be entitled to recover reasonable attorneys' fees and costs incurred in connection with the litigation or arbitration, through final resolution.
13. Integration: Amendment. This Agreement represents the entire understanding of City and Association 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.
14. Severabiliiy. 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.
15. WaiverN alidity. Association 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 Association shall not be deemed to be a waiver of any term or condition of this Agreement.
16. Jurisdiction. City and Association 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. 1 7. Entire Agreement. This Agreement sets forth the parties' entire understanding regarding the subjects covered. It supersedes all prior or contemporaneous agreements, representations, and negotiations regarding those subjects (whether written, oral, express, or implied) and may be modified only by another written agreement signed by both parties.
18. Counterparts. The parties may execute this Agreement in counterparts, each of which will be considered an original, but all of which will constitute the same agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
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Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
83727.00003\43744413 .l
LOS BANOS DOWNTOWN
ASSOCIATION, a California nonprofit
corporation
By:
Title
CITY OF LOS BANOS
a California municipal corporation
By:
Gary Brizzee
Interim City Manager
8 112
Attachment 3 - PBID Boundary Map
(
/ ~
I , / I
(. I I
" I
I - LBDPBID Boundaries I • ••• ♦
CIVITAS
113
114
LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT
115
Contents
I. Overview .................................................................................................................................................... 3 II. Background ............................................................................................................................................... 5 III. Accomplishments .................................................................................................................................... 6 IV. Boundaries ................................................................................................................................................. 7 V. Service Plan & Budget ............................................................................................................................ 8 VI. Assessment Ra.te ..................................................................................................................................... 12 VII. Governance ............................................................................................................................................. 13 VIII. Engineer's Report .................................................................................................................................. 14 Appendix 1 - Maximum Annual Assessment Rates ........................................................................................... 25 Appendix 2 - PBID Law ............................................................................................................ .............................. 26 Appendix 3-Map ..................................................................................................................................................... 38 Appendix 4 - Parcel Assessment Calculation ...................................................................................................... 39 Appendix 5 -Total Estimated Maximum Cost Oflmprovements And Activities ..................................... 42 Prepared by Civitas
•• • • CIVITAS
PAIIT~ERSMIPS • PROGRESS • PROSPERITY
www.civitasadvisors.com
(800)999-7781
116
I. OVERVIEW
Developed by a growing coalition of property owners, the Los Banos Downtown Property and Business Improvement District (LBDPBID) is a benefit assessment district whose main goal is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. The LBDPBID was created in 2020 for an initial five (5) year term.
The Los Banos Downtown Association and property owners now wish to renew the LBDPBID for an additional ten (10) year term. As required by state law, property owners have created this Management District Plan (Plan) to renew the LBDPBID.
Location:
Purpose:
Budget:
Cost:
Renewal:
Duration:
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries ofI Street and the eastern boundaries of 7th Street. It also includes parcels facing south west between 5th Street and 7th Street. A detailed map can be found in Section IV.
The purpose of the LBDPBID is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. The LBDPBID will provide maintenance & general security and marketing & placemaking programs directly and only to assessed parcels within its boundaries.
The LBDPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $176,047.76. The annual assessment budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $184,852.01. The amount of non-assessment funds is the minimum amount necessary to pay for the general benefit provided by LBDPBID programs. Further detail on the separation of special and general benefit is provided in Section VIII.
The initial assessment rate ( cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four ( 4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
LBDPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The "Right to Vote on Taxes Act" (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the LBDPBID.
The LBDPBID will have a ten (10)-year-life, beginning January 1, 2025, or as soon as possible thereafter, and ending ten (10) years from the start date. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the LBDPBID to be renewed.
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March 19, 2024 Page3
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Management: The Los Banos Downtown Association (LBDA) will continue to serve as the Owners' Association for the LBDPBID.
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II. BACKGROUND
The International Downtown Association estimates that more than 2,500 Property and Business Improvement Districts (PBIDs) currently operate throughout North America. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.
PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.
Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.
PB IDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.
TheLBDPBID will be renewed pursuant to a state law that took effect in January of 1995. The ''Property and Business Improvement District Law of 1994," which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:
► Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
► Requires property owner input and support throughout the renewal process; ► Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
► Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City; ► Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
► Requires the PBID be renewed after a certain time period, making it accountable to property owners.
The "Property and Business Improvement Business District Law of 1994" is provided in Appendix 2 of this document.
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III. ACCOMPLISHMENTS
The LBDPBID is governed by a non-profit organization known as the Los Banos Downtown Association, with Board members composed of property owners, business owners, and community members. The goal is for property and business owners to gather and collaborate, focusing their efforts on creating a vibrant place to shop, dine, work, and play. The aim is to showcase downtown as a destination that brings together and provides economic opportunities for businesses, enabling them to establish new customer connections. In addition to serving as a resource for local businesses, the LBDPBID also hosts several community events throughout the year, which have become central to the community's culture.
Downtown Los Banos offers a historic business environment from yesteryears while catering to modern needs. The tree-lined streets, outdoor music, wall murals depicting old Los Banos, inviting storefronts, and historic facades harmoniously contribute to the unique downtown Los Banos experience.
Community members and visitors stroll through the downtown, visiting the offerings found here, some of which have been serving this community for generations. Since the inception of the LBDPBID in 2020, the LBDPBID has implemented numerous programs and projects that have specially benefitted assessed parcels, including:
► Installment of a new camera system for the LBDPBID;
► Coordination with the Los Banos Police Department to support cnme prevention throughout the LBDPBID;
► New Downtown lighting;
► New marketing pole banners;
► New seasonal banners;
► Partnership with the City of Los Banos on the installment of a Gateway Sign; ► Upkeep of 30 Planters;
► Landscape improvements and maintenance, including the planting of trees, succulents and flowers;
► Partnership with the City for the trimming of trees;
► Installment of 30 new trash receptacles;
► Pressure washing of sidewalks twice a month;
► Removal of gum on sidewalks;
► Litter removal services, including garbage, debris and recycling infrastructure needs throughout the LBDPBID;
► Graffiti removal services; and
► Upgraded music in the Downtown.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page6
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IV. BOUNDARIES
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing southwest between 5th Street and 7th Street. A detailed map is included below.
The service area includes approximately seventy-seven (J7) assessed properties with fifty-five (55) property owners. The LBDPBID boundary is illustrated by the map below. A larger map is available on request by calling (916) 437-4300 or (800)999-7781.
Los Banos Downtown Property and Business Improvement District (LBDPBID) /
I
I - LBDPBJD Boundaries I
'
I
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V. SERVICE PLAN & BUDGET
A. Renewal
Property and business owners in Downtown Los Banos had been concerned about the need for coordinated supplemental services in the area for several years. Property and business owners in the area had welcomed City services and efforts, but limited resources had not allowed for a more comprehensive approach to managing the commercial area. The LBDPBID was initially formed to address these needs.
Now, property owners within the boundaries of the LBDPBID wish to renew the PBDPBID to continue this mission.
A series of property owner meetings, a survey of property owners, and analysis of current property conditions and needs were conducted. The primary needs identified were to continue providing maintenance & general security and marketing & placemaking services. To continue to meet those needs, the renewed LBDPBID will provide these services to assessed parcels within its boundaries.
B. Improvements, Maintenance and Activities
The LBDPBID will continue to provide supplemental improvements, maintenance and activities that are above and beyond those provided by the City of Los Banos (City) and other government agencies. None of the services to be provided by the LBDPBID are provided by the City or other government agencies.
The improvements, maintenance and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the LBDPBID, thus the benefits provided are particular and distinct to each assessed parcel.
1. Maintenance and General Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program may include, but is not limited to:
• Pressure washing sidewalks and gum removal;
• Litter removal services, including garbage, debris and leaves throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• The addition of trash receptacles;
• Parking lot maintenance;
• Enhanced security measures to surveil the LBDPBID and proactively respond to incidents occurring on assessed parcels; and
• Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services. Marketing and placemaking programs may include, but are not limited to:
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• Promotions and marketing of the LBDPBID as a destination area; • Special events to attract visitors;
• Maintenance of a LBDPBID brand package and website;
• Creation and distribution of promotional materials, visitor guides, maps, press releases and newsletters; and
• The addition of pole banners, wayfinding signage, park benches, bike racks, planters, public art and other similar initiatives to market and improve the look of the LBDPBID.
3. Administration and Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
C. Annual Assessment Budget
A projected ten (10) year budget for the LBDPBID is provided below. The overall assessment budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the LBDPBID. The annual assessment budget is based on the following assumptions and guidelines:
1. The cost of providing improvements, maintenance and activities may vary depending upon the market cost for those improvements, maintenance and activities. Expenditures may require adjustment up or down to continue the intended level of improvements, maintenance and activities. The LBDA and their board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. Any change will be approved by the LEDA and submitted with the Annual Report.
2. Funds not spent in any given year may be rolled over to the next year.
3. The assessment rate may be subject to annual increases that will not exceed three percent (3%) per year. Increases will be determined by the LBDA and will vary each year. The projections below illustrate the maximum annual three percent (3%) increase for all budget items.
4. Each budget category includes all costs related to providing that service. For example, the marketing and placemaking budget includes the cost of staff time dedicated to overseeing and implementing the security program. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the LBDPBID services will be determined by the LEDA on an as-needed basis.
D. Service Budget
The total improvement, maintenance, and activity budget for 2025 that is funded by property assessments is $176,047.76. In addition to the assessment revenue, the programs will be supplemented by nonassessment funds. The total of non-assessment funds, and the determination of special and general benefit, is included in the Engineer's Report. The total of assessment and non-assessment funds is provided in Appendix 5. Below is an illustration of the estimated total assessment budget allocations for each budget category for the initial year of the ten (10) year term of the LBDPBID. Non-assessment funds may be shifted between budget categories as needed by the Board of the Owners' Association.
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Initial Year Assessment Budget: $176,047.76
Administration &
Operations, $26,407.16,
15%
Marketing&
Placemaking,
$74,820.30 , 42.5%
E. Annual Maximum Assessment Budget
Maintenance & General
----- Security, $74,820.30,
42.5%
The assessment budget below assumes the maximum annual increase of three percent (3%) is not enacted and that there are no changes to the categorical budget allocations.
Year Maintenance & Marketing&
General Security Placemakine2025 $74,820.30 $74,820.30 2026 $74,820.30 $74,820.30
2027 $74,820.30 $74,820.30
2028 $74,820.30 $74,820.30
2029 $74,820.30 $74,820.30
2030 $74,820.30 $74,820.30
2031 $74,820.30 $74,820.30
2032 $74,820.30 $74,820.30
2033 $74,820.30 $74,820.30
2034 $74,820.30 $74,820.30
Total $748,203.00 $748,203.00
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Administration & Total
Operations
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$264,071.60 $1,760,477.60
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The assessment budget below assumes the maximum annual increase of up to three percent (3%) is enacted and that there are no changes to the categorical budget allocations.
Year Maintenance & Marketing&
General Security Placemaking
2025 $74,820.30 $74,820.30
2026 $77,064.91 $77,064.91
2027 $79,376.86 $79,376.86
2028 $81,758.16 $81,758.16
2029 $84,210.91 $84,210.91
2030 $86,737.23 $86,737.23
2031 $89,339.35 $89,339.35
2032 $92,019.53 $92,019.53
2033 $94,780.12 $94,780.12
2034 $97,623.52 $97,623.52
Total $857,730.89 $857,730.89
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Administration & Total
Operations
$26,407.16 $176,047.76
$27,199.37 $181,329.19
$28,015.36 $186,769.08
$28,855.82 $192,372.14
$29,721.49 $198,143.31
$30,613.14 $204,087.60
$31,531.53 $210,210.23
$32,477.48 $216,516.54
$33,451.80 $223,012.04
$34,455.35 $229,702.39
$302,728.50 $2,018,190.28
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VI. ASSESSMENT RATE
A. Assessment Formula
The initial assessment rate ( cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
B. Changes in Zoning, Ownership, or Parcel Size
If the zoning, ownership, or size of a parcel within the LBDPBID boundary changes during the term of the LBDPBID the assessment amount may be modified according to the assessment methodology detailed in this Plan that is applicable to the parcel. These changes may be a result of land adjustments Qncluding but not limited to lot splits, consolidations, right away setbacks, etc.), new construction, new ownership, or changes in zoning.
C. Assessment Notice
During the hearing process, an Assessment Notice will be sent to owners of each parcel in the LBDPBID.
The Assessment Notice provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if they differ from those found on the Assessment Notice. A list of parcels to be included in the LBDPBID is provided within Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Parcels which do not receive property tax bills will be invoiced by the City. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Merced shall distribute funds collected to the City of Los Banos, which shall forward them to the LBDPBID. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments.
E. Bonds
Bonds shall not be issued.
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VII. GOVERNANCE
A. Owners' Association
The LBDPBID shall be governed by the Los Banos Downtown Property Owners Association, (LBDPA) with oversight from the Los Banos City Council. The LBDA shall serve as the Owners' Association described in the Streets and Highways Code §36651. The Board of Directors of the LEDA and its staff are charged with the day-to-day operations of the LBDPBID.
B. Brown Act & Public Records Act Compliance
An Owners' Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners' Association is, however, subject to government regulations relating to transparency, namely the Ralph M.
Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seg.). Thus, meetings of the LBDA Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
The Owners' Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Annual Report
The LBDA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:
1. Any proposed changes in the boundaries of the LBDPBID or in any benefit zones or classification of property within the district;
2. The improvements, maintenance, and activities to be provided for that fiscal year;
3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;
4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;
5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VIII. ENGINEER'S REPORT
The LBDPBID's parcel assessments will be imposed in accordance with the provisions of Article XIII D of the California Constitution. Article XIII D provides that "only special benefits are assessable,"1 and requires the City to "separate the general benefits from the special benefits conferred on a parcel."2 Special benefits are a "particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large."3 Conversely, a general benefit is "conferred on real property located in the district or to the public-at-large."4 Assessment law also mandates that "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."5
The Engineer determined the total cost of the improvements, maintenance and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the LBDPBID, and separated that amount from the special benefit accruing to the assessed parcels. Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activities accordingly. The Engineer's determinations and detailed calculations are summarized in this report.
A. Separation of General and Special Benefits
Each of the improvements, maintenance and activities, and the associated costs and assessments \Vithin the LBDPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIII D of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the LBDPBID boundaries as determined below.
1. General Benefits
The California Constitution mandates that "only special benefits are assessable, and an agency shall separate the general benefits from the special benefits."6 "Generally, this separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits."7 The first step that must be undertaken to separate general and special benefits provided by the PBID's improvements, maintenance and activities is to identify and quantify the general benefits. a. General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and are only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the LBDPBID. State law indicates that "Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed."8However, "the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental 1 Cal. Const., art. XIII D, §4(a) 2 Cal. Const, art XIII D, §4(a) 3 Id, §2(i) 4 Cal Const, art XIII D §2(~
s Cal Const, art XIII D, §4(a)
6 Cal Const, art XIII D, §4(a)
7 Golden Hill Neighborhood Association v. Gty of San Diego (2011) 199 Cal.App.4th 416 B Streets and Highways Code section 36601 (h)(2)
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or collateral effects into general benefits."9 Further, "the value of any incidental or collateral effects that arise from the improvements, maintenance or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel."10 Intercept surveys conducted in similar districts have found that approximately 98.6% of pedestrian traffic within the district boundaries is engaged in business on assessed parcels, while the remaining approximately 1.4% is simply passing through and not engaging in business on the assessed parcels. 11 To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of services will be paid for with funds not obtained through assessments. Out of an abundance of caution, the 1.4% figure was rounded to 2% for the purposes of this Engineers Report.
The 2% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the LBDPBID. Therefore, it is estimated that 2% of the benefit created by the LBDPBID's services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of activities and improvements will be paid for with funds not obtained through assessments. Using the 2% figure, based on the initial year activity and improvement budget, the value of this general benefit to the public-at-large is $3,697.04 ($184,852.01 *0.02).
b. General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the LBDPBID's improvements, maintenance, and activities may also confer general benefits upon non-assessed parcels within and surrounding the LBDPBID. The California Court of Appeals has found that "services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties."12 It is reasonable to conclude that improvements, maintenance, and activities within the LBDPBID will have an incidental impact on non- assessed parcels surrounding or within the LBDPBID boundaries. Although the legislature has indicated that "the value of any incidental or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit,"13 the California Court of Appeals has noted that "the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement. .. or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement."14 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.
In this Engineer's opinion, because improvements, maintenance, and activities are provided only within the LBDPBID and on its perimeter, parcels separated from the LBDPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, freeway, or ditch will not receive spill over benefits. Parcels separated from the LBDPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not 9 Ibid
10 Streets and Highways Code Section 36622(k)(2) 11 Surveys conducted in: North Park, San Diego Ganua.ry 2015); Mack Road, Sacramento Guly 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Beutz v. Riverside (2010) 184 Cal.App.4th 1516 13 Streets and Highways Code section 36622(k)(2) 14 Tiburon v. Bonander (2009) 180 Ca1App.41h 1057, 1077 Los Banos Downtown PBID Management District Plan
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face serviced parcels. Therefore, this analysis considers non-assessed parcels within the LBDPBID's boundaries and surrounding parcels that are immediately adjacent to and accessible from the LBDPBID's boundaries.
The total LBDPBID improvements, maintenance, and activities budget for the initial year of renewal is $184,852.01. After reducing the improvements, maintenance, and activities budget by the general benefit to the public-at-large ($3,697.04), the remaining benefit to parcels is $181,154.97. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the LBDPBID's improvements, maintenance, and activities categories as shown in the following table.
Category Benefit to Parcels Benefit to Public- Total
at-Large
Maintenance & General Security $76,748.47 $1,566.30 $78,314.77 Marketing & Placemaking $77,233.26 $1,576.19 $78,809.44 !Administration & O perations $27,173.24 $554.55 $27,727.80 rrotal $181,154.97 $3,697.04 $184,852.01
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.
i. Benefit Factors
All parcels within and adjacent to the LBDPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each. The determination of benefit factors for each type of improvement, maintenance, and activity follows.
Improvements
The improvements to be provided by the LBDPBID provide two types of special benefits:
• Improvement - The primary special benefit provided by the LBDPBID's improvements is the improvements themselves, which are available to tenants and customers of assessed parcels. • Proximi!)!- The LBD PBID' s improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.
The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer's estimation that eighty-five percent (85%) of the special benefit from the LBDPBID's improvements is the improvement, while the proximity special benefit accounts for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly improved, and therefore only receive the general benefit of proximity.
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Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the district) to be provided by the LBDPBID generate three types of special benefits:
• Service - The primary special benefit provided by the LBDPBID's physical activities is the actual service. That is, the actual cleanliness and safety created by security and maintenance personnel. • Presence - The LBDPBID's physical activities also provide the special benefit of an individual's presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe. The 'Disneyland effect" is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security. • Proximz!J- The LBDPBID's physical activities also provide the special benefit of being in proximity to a more maintained, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased maintenance and security.
The majority of the benefit received by the parcels is the results of the LBDPBID's services; onsite presence and proximity are lesser benefits. It is this Engineer's estimation that seventy-five percent (75%) of the special benefit from the LBDPBID's physical activities is the service, while the presence and proximity benefits each account for twelve and one-half percent (12.5% presence, 12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels within and adjacent to the District will not be directly serviced and therefore only receive the general benefit of proximity.
Intangible Activities
Some of the LBDPBID's activities, such as marketing, are distinct in that they are not provided to a targeted area within the LBDPBID, rather they are provided via internet, radio, and other forms of media and targeted at an audience outside the LBDPBID in an effort to bring the audience into the LBDPBID.
These activities provide the special benefits of promotion:
Direct Exposure - The primary special benefit provided by the LBDPBID's intangible act:1V11:tes is exposure. The intangible activities increase awareness of the LBDPBID as a commercial and business destination and lead to increased patronage.
Incidental Exposure - The LBDPBID's intangible activities will also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct exposure and increases awareness of the LBDPBID as a commercial and business destination.
The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer's estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non-assessed parcels within and adjacent to the LBDPBID w not be directly marketed and therefore only receive the general benefit of incidental exposure.
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Factors Determined
Based on the foregoing analysis, all assessed parcels within the LBDPBID specially benefit from the LBD PBID' s improvements, maintenance, and activities, and have been assigned a benefit factor of 1. 0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. Instead, the non-assessed parcels will benefit from fifteen percent (15%) of the improvements, twelve and one-half percent (12.5%) of the tangible activities and ten percent (10%) of the intangible activities; therefore, they have been assigned benefit factors of 0.15, 0.125 and 0.10 respectively. ii. Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the LBDPBID and those immediately adjacent to and accessible from the LBDPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type. • Inside-Non-assessed parcels inside of the LBDPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the LBDPBID's improvements, maintenance, and activities, marketing has a direct impact all around them, and activities and improvements are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive. • Acfjaccnt-Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels. These parcels generally benefit differently than those inside the LBDPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit.
Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently. To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive. The linear footage is the length of parcels fronting public streets. The amount listed for "assessed linear feet" is the value for all assessed parcels within the LBDPBID and the amount listed for "non-assessed linear feet" is the value for all nonassessed parcels adjacent to the district boundary. iii. Calculations
To quantify and separate the general benefit to non-assessed parcels, the following calculations were undertaken for each budget category.
1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.
2. The benefit factor applicable to each improvement, maintenance, and activity was multiplied by the parcel square footage or linear frontage of assessed and non-assessed parcels, to determine the number of benefit units received by each parcel group.
3. The benefit units for all parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated.
4. The total remaining improvements, maintenance, and activities budget, less the amount already determined to be general benefit to the public-at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.
5. The special and general benefit resulting from the administration and policy development / Los Banos Downtown PBID Management District Plan
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contingency portions of the budget were determined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.
Maintenance & General S ecuriry
The maintenance & general security budget, minus the amount of general benefit to the public-at-large ($1,566.30), is $77,233.26. The calculations below determine the amount of general benefit to nonassessed parcels within the LBDPBID.
Square Benefit Benefit !Remaining
[Parcel Type !Footage Factor !Benefit Units Percent !Budget Assessed 567,896.00 X1.000 = 567,896.00 99.263% X $77,233.26 = $76,663.74 Non-Assessed 33,750.00 X0.125 = 4,218.75 0.737% X $77,233.26 = $569.51 The maintenance & general security, minus the amount of general benefit to the public and non- assessed parcels within the LBDPBID, is $76,663.74. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
Linear Benefit !Benefit !Remaining
Parcel Type Frontage tFactor Benefit Units !Percent !Budget Inside 7,118.00 X1.000 = $7,118.00 97.595% X $76,663.74 = $74,820.30 Adjacent 1,403.00 X0.125 = $175.38 2.405% X $76,663.74 = $1,843.44 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit - Public At Large $1,576.19
General Benefit - Inside Parcels $569.51
General Benefit-Adjacent Parcels $1,843.44
~pecial Benefit $74,820.30
rrotal $78,809.44
Marketing & Placemaking
The marketing & placemaking budget, minus the amount of general benefit to the public-at-large, is $76,748.47. The calculations below determine the amount of general benefit to non-assessed parcels within the LBDPBID.
Square !Benefit Benefit !Remaining
Parcel Type Pootage IF actor Benefit Units Percent Budget !Assessed 567,896.00 X 1.000 567,896.00 99.409% X $76,748.47 = $76,295.05 ~ on- 33,750.00 X0.10 3,375.00 0.591% X $76,748.47 = $453.42 Assessed The marketing & placemaking budget, minus the amount of general benefit to the public and nonassessed parcels within the LBDPBID, is $76,295.05. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
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lLinear Benefit Benefit Remaining
Parcel Type frontage Factor [Benefit Units Percent Budget Inside 7,118.00 Xl.000 7,118.00 98.067% X $76,295.05 = $74,820.30 Adjacent 1,403.00 X0.100 140.30 1.933% X $76,295.05 = $1,474.75 Therefore, the allocation of the maintenance & general security budget is as follows:
eneral Benefit - Public At Lar e 1,566.30
eneral Benefit - Inside Parcels 453.42
eneral Benefit -Ad. acent Parcels 1,474.75
Jecial Benefit 74,820.30
78,314.77
Administration & Operations
The administration & operations budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.
Special Benefit General Benefit
~o Parcels to Parcels
Maintenance & General $74,820.30 $1,928.17 ~ecurity
Marketing & Placemaking $74,820.30 $2,412.96
Activity Totals $149,640.60 $4,341.13
Percent 97.181% 2.819%
Administration & $26,407.16 $766.08 P perations
!Total Parcel Benefits $176,047.76 $5,107.21
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:
Special General
Benefit to Benefit to
Parcels Parcels
[Maintenance & $74,820.30 $1,928.17 General Security
!Marketing & $74,820.30 $2,412.95 Placemaking
Administration $26,407.16 $766.08 & Operations
Total $176,047.76 $5,107.20
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General
Benefit to
Public Total
$1,566.30 $78,314.77
$1,576.19 $78,809.44
$554.55 $27,727.80
$3,697.05 $184,852.01
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c. Non-Assessment Funding
The programs funded by the LBDPBID receive additional non-assessment funding in the form of grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred annually by the LBDPBID's improvements, maintenance, and activities, $8,804.25. These non-assessment funds will be used to pay for the general benefit provided by the LBDPBID's improvements, maintenance, and activities, ensuring that parcel assessments will only be used to provide special benefits and "any additional costs of providing general benefits [are] not included in the amounts assessed."15
2. Special Benefit
The improvements, maintenance, and activities to be provided by the LBDPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that "the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided." 16 Further, "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."17 Special benefit "includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed."18
To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($8,804.25) from the total value of the improvements, maintenance, and activities ($184,852.01). The remaining $176,047.76 is considered the special benefit to assessed parcels (the "Total Assessment"). The Total Assessment represents the total value of the special benefit to be provided by the improvements, maintenance, and activities. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that "properties that receive the same proportionate special benefit pay the same assessment."19 Total Benefit
Service Provided Value
Maintenance & $78,314.77 General Security
Marketing& $78,809.44 Placemaking
Administration & $27,727.80 Operations
TOTAL $184,852.01
15 Streets and Highways Code section 36632(a)
16 Cal Const, art XIII D §4(a) 17 Ibid
18 Streets and Highways Code section 36615.5
19 Tiburon u. Bonander (2009) 180 Ca1App.4th 1057
General
Benefit Value
to Public
$3,494.47
$3,989.14
$1,320.64
$8,804.25
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Benefit Special Benefit
Value to to Assessed
Parcels Parcels
(Special &
General)
$76,748.47 $74,820.30
$77,233.26 $74,820.30
$27,173.24 $26,407.16
$181,154.97 $176,047.76
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B. Assessment Methodology
1. Base Fonnula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel type and parcel square footage. These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.
Determination of Assessment Rates
"Because not all parcels in the district are identical in size . .. some will receive more special benefit than others."20 Each of the variables used relates directly to the service level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet. Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcei the highest and best use of a parcel, and reflects the long-term value implications of the LBDPBID. The larger a parcel, the more services and benefit the parcel will receive. To determine the assessment rates, the estimated special benefit value for assessed parcels was divided by the total assessable parcel square footage as shown in the table below. ~arcel Type Initial Parcel Parcel Initial Parcel
Size Budget Square Assessment
Footage Rate
($/sqft/yr)
Standard $176,047.76 567,896 = $0.31
Summarv of Assessment Rates
Therefore, the annual cost to commercial parcels is $0.31 per parcel square foot. For instance, a commercial parcel with 1,000 parcel square feet would pay $310 for the initial renewal year (1,000 * $0.31).
In the initial renewal year of the LBPBID, the rate will not exceed $0.31 per parcel square foot. The assessment rate may be subject to an increase of no more than three percent (3%) per year after the initial year. The maximum annual assessment rates are shown in Appendix 1. If you would like more information about parcel assessments, please call Civitas at (916) 437-4300 or (800) 999-7781.
Parcel Categorization
Assessment categories for each parcel were determined based on the parcel's land use code as shown in the Assessor's Records and supplemented by other available information. In general, the assessment category for each parcel reflects the use of the parcel as described by its land use code. In cases where the land use code and actual use differ, the actual use prevails for classification purposes.
2. Standard Parcels
Standard parcels include commercial and government parcels and will receive and benefit from all LBDPBID activities and improvements, and will therefore be assessed the full rate. 20 Dahms v. Downtown Pomona (2009) 17 4 Cal.App.4th 708 Los Banos Downtown PBID Management District Plan
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3. Government Parcels
The California Constitution, in Article XIII D, provides that "parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit." No public agency owning parcels in the district has made such a demonstration.
4. Non-Assessed Parcels
There are six (6) parcels within the LBDPBID that will not be assessed. These parcels will not specially benefit from or directly receive the LBDPBID's improvements, maintenance, and activities. These parcels are accounted for in the analysis of general benefit provided to non-assessed parcels within the LBDPBID.
• Residential Parcels: The state legislature has determined that "properties zoned exclusively for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment." The activities and improvements to be provided are designed to specially benefit standard parcels via increased commerce, occupancy, and lease rates. None of these benefits apply to residential parcels, which will not be serviced or benefit from the LBDPBID's activities and improvements. Residential parcels are those parcels with four family units or less, residential common areas, residential condos and planned unit development of single-family residences. There are six (6) residential parcels within the LBDPBID that will not be assessed.
5. Changes in Data
Every effort has been made to ensure each parcel included in the LBDPBID is clearly identified and that all parcels included in the LBDPBID are consistent in the boundary map and the assessment calculation table. However, errors in data can and may arise or data may change after formation of the LBDPBID.
Inconsistencies may include updated parcel sizes or parcel splits. If inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map. Based on the assessment calculation table, a parcel owner could calculate if the appropriate assessment amount was charged. Additionally, using the boundary map, a parcel owner could determine if its APN was correctly identified.
If the parcel size or type of a parcel changes during the term of the LBDPBID, the assessment calculation may be modified accordingly.
C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the LBDPBID.
The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The City of Los Banos shall distribute funds collected to the Owners' Association. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments.
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E. Engineer's Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Los Banos Downtown Property and Business Improvement District will receive a special benefit over and above the general benefits conferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer's Report.
Review of this Los Banos Downtown Property and Business Improvement District Management District Plan and preparation of the Engineer's Report was completed by:
March 19, 2024
Date
This Engineer's Report is intended to be distributed as part of the Management District Plan in its entirery, including the Assessment Calculation Table and the Boundary Map. &production and distribution of on/y Section VIII of this Management District Pian violates the z'ntent of this stamp and signature.
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APPENDIX 1-MAXIMUM ANNUAL ASSESSMENT RATES
The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by three percent (3%) with approval of the LBDA. The maximum rates listed are a required disclosure and not the anticipated course of action.
Year Assessment Rate
2025 $0.31
2026 $0.32
2027 $0.33
2028 $0.34
2029 $0.35
2030 $0.36
2031 $0.37
2032 $0.38
2033 $0.39
2034 $0.40
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APPENDIX 2- PBID LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 SUPPLEMENT*** (ALL 2022 LEGISL\TION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added ,-uticle XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature's guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.
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(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.
The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
~- Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. "Activities"
"Activities" means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. "Assessment"
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"Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. "Business"
''Business" means all types of businesses and includes financial institutions and professions. 36608. "City"
"City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. "City council"
"City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a cicy within the meaning of this part. 36609.4. "Clerk"
"Clerk" means the clerk of the legislative body.
36609.5. "General benefit"
"General benefit" means, for purposes of a property-based district, any benefit that is not a "special benefit" as defined in Section 36615.5.
36610. "Improvement"
"Improvement'' means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets.
G) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
0) Rehabilitation or removal of existing structures.
36611. ''Management district plan"; "Plan"
"Management district plan" or "plan" means a proposal as defined in Section 36622. 36612. "Owners' association"
"Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any pmpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 Los Banos Downtown PBID Management District Plan
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(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing Vlith Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. "Property"
"Property" means real property situated Vlithin a district. 36614.5. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part.
36614.6. "Property-based assessment"
"Property-based assessment" means any assessment made pursuant to this part upon real property. 36614. 7. "Property-based district"
"Property-based district" means any district in which a city levies a property-based assessment. ~ "Property owner"; "Business owner"; "Owner"
''Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. "Special benefit"
(a) "Special benefit" means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) "Special benefit" also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel Vlithin the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. "Tenant"
"Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Los Banos Downtown PBID Management District Plan
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Business Improvement Area Law of 1989 (Part 6 ( commencing with Section 36500) of this division) is valid and effective and is unaffected by this pa.rt.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each pa.reel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (6) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a Los Banos Downtown PBID Management District Plan
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proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. Tb.is part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 ( commencing with Section 36500)). Tus part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year's proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan.
G) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits.
In a district ,vith boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less Los Banos Downtown PBID Management District Plan
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than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit.
0) In a property-based district, a detailed engineer's report prepared by a registered professional eni..neer certified by the State of California supporting all assessments contemplated by the management district plan. (m) .Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53 753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
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(2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district Los Banos Downtown PBID Management District Plan
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If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
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(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 ( commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
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(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners' association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of Los Banos Downtown PBID Management District Plan
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the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 3 - MAP
I ; , I
I
I
I/
~ l
ff;
I ,I I I I
I - LBDPBID Boundaries I
Los Banos Downtown PBID Management District Plan
March 19, 2024
••• • •
I
I
CIVITAS
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APPENDIX 4 - PARCEL ASSESSMENT CALCULATION
Map APN Lot Size
Key (sq. ft.)
8 025-191-011-000 15,000
9 025-191-012-000 3,750
10 025-191-013-000 7,500
11 025-191-014-000 3,750
12 025-191-015-000 3,750
13 025-191-016-000 3,750
14 025-191-017-000 11,250
15 025-191-018-000 3,750
16 025-191-019-000 3,750
17 025-191-020-000 3,750
26 025-201-008-000 15,000
27 025-201-009-000 3,750
28 025-201-010-000 5,625
29 025-201-011-000 9,375
30 025-201-012-000 11,250
31 025-201-013-000 3,750
32 025-201-014-000 11,250
36 025-231-001-000 7,500
37 025-231-003-000 7,500
38 025-231-004-000 3,750
39 025-231-006-000 3,750
40 025-231-007-000 3,750
41 025-231-008-000 3,750
42 025-231-009-000 7,500
43 025-231-010-000 15,000
44 025-231-011-000 7,500
45 025-231-012-000 11,250
46 025-231-015-000 15,000
47 025-231-016-000 11,250
48 025-231-017-000 7,500
49 025-231-018-000 7,500
50 025-231-019-000 5,525
51 025-231-020-000 1,974
52 025-241-001-000 5,625
Los Banos Downtown PBID Management District Plan
March 19, 2024
Rate Assessment
$0.31 $4,650.00
$0.31 $1,162.50
$0.31 $2,325.00
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $3,487.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $4,650.00
$0.31 $1,162.50
$0.31 $1,743.75
$0.31 $2,906.25
$0.31 $3,487.50
$0.31 $1,162.50
$0.31 $3,487.50
$0.31 $2,325.00
$0.31 $2,325.00
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $2,325.00
$0.31 $4,649.99
$0.31 $2,325.00
$0.31 $3,487.50
$0.31 $4,650.00
$0.31 $3,487.50
$0.31 $2,325.00
$0.31 $2,325.00
$0.31 $1,712.75
$0.31 $611.94
$0.31 $1,743.75
153
53 025-241-002-000 5,625
54 025-241-003-000 3,750
55 025-241-004-000 3,750
56 025-241-005-000 3,750
57 025-241-006-000 3,750
58 025-241-007-000 2,850
59 025-241-008-000 2,775
60 025-241-009-000 5,625
61 025-241-010-000 6,818
62 025-241-011-000 3,990
63 025-241-012-000 11,692
64 025-241-013-000 29,250
65 025-241-014-000 17,625
66 025-241-015-000 5,625
67 025-241-016-000 7,500
73 026-052-001-000 7,500
74 026-052-002-000 3,750
75 026-052-006-000 2,500
76 026-052-007-000 2,500
77 026-052-008-000 2,500
78 026-052-009-000 5,000
79 026-052-010-000 2,500
80 026-052-013-000 7,500
81 026-052-014-000 7,500
82 026-052-015-000 7,500
83 026-052-016-000 7,500
84 026-052-017-000 7,500
85 026-052-019-000 7,500
86 026-052-021-000 18,750
87 026-052-023-000 3,750
88 026-052-024-000 26,250
89 026-053-001-000 7,500
90 026-053-002-000 7,500
91 026-053-003-000 3,750
92 026-053-004-000 7,500
93 026-053-005-000 3,750
94 026-053-008-000 3,750
95 026-053-010-000 7,500
Los Banos Downtown PBID Management District Plan
Match 19, 2024
$0.31 $1,743.75
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $1,162.50
$0.31 $883.50
$0.31 $860.25
$0.31 $1,743.75
$0.31 $2,113.58
$0.31 $1,236.90
$0.31 $3,624.52
$0.31 $9,067.50
$0.31 $5,463.75
$0.31 $1,743.76
$0.31 $2,324.99
$0.31 $2,325.00
$0.31 $1,162.50
$0.31 $775.00
$0.31 $775.00
$0.31 $775.00
$0.31 $1,550.00
$0.31 $775.00
$0.31 $2,325.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.31 $2,325.00
$0.31 $2,325.00
$0.31 $5,812.50
$0.31 $1,162.50
$0.31 $8,137.50
$0.31 $2,325.00
$0.31 $2,325.00
$0.31 $1,162.50
$0.31 $2,325.00
$0.31 $1,162.50
$0.00 $0.00
$0.31 $2,325.00
154
96 026-053-011-000 10,206
97 026-053-013-000 7,500
98 026-053-014-000 6,750
99 026-053-015-000 4,500
100 026-053-016-000 6,000
101 026-053-017 -000 12,750
102 026-053-019-000 11,250
103 026-053-020-000 7,686
104 026-053-021-000 3,750
105 026-053-022-000 3,750
116 026-123-001-000 6,255
601,646
Los Banos Downtown PBID Management District Plan
March 19, 2024
$0.31 $3,163.86
$0.31 $2,325.00
$0.31 $2,092.50
$0.31 $1,395.00
$0.31 $1,860.00
$0.31 $3,952.50
$0.31 $3,487.50
$0.31 $2,382.66
$0.00 $0.00
$0.00 $0.00
$0.31 $1,939.05
$176,047.76
155
APPENDIX 5 -TOTAL ESTIMATED MAXIMUM COST OF
IMPROVEMENTS AND ACTIVITIES
The estimated maximum cost of the line items below was developed based on the estimated costs of providing services in the proposed district. The costs below are estimated, the actual line-item costs will fluctuate. The table below shows combined expenditures from assessment and non-assessment funds. Assessment funds are governed by Section VI. There is no limit on reallocation of nonassessment funds by the Owners' Association. The total maximum budget may exceed the maximum listed in this table if parcel ownership changes result in parcels being assessed at a higher rate due to a higher estimated benefit.
Year Marketing& Maintenance &
Placemakine General Security
2025 $78,314.77 $78,809.44
2026 $80,664.21 $81,173.73
2027 $83,084.14 $83,608.94
2028 $85,576.66 $86,117.21
2029 $88,143.96 $88,700.72
2030 $90,788.28 $91,361.75
2031 $93,511.93 $94,102.60
2032 $96,317.29 $96,925.68
2033 $99,206.81 $99,833.45
2034 $102,183.01 $102,828.45
Total $897,791.06 $903,461.97
Los Banos Downtown PBID Management District Plan
March 19, 2024
Administration & Total
Operations
$27,727.80 $184,852.01
$28,559.63 $190,397.57
$29,416.42 $196,109.50
$30,298.91 $201,992.78
$31,207.88 $208,052.56
$32,144.12 $214,294.15
$33,108.44 $220,722.97
$34,101 .69 $227,344.66
$35,124.74 $234,165.00
$36,178.49 $241,189.95
$317,868.12 $2,119,121.15
156
LOsBanos , 1, ( ,o 1oe1cl , J " J ,w
Agenda Staff Report
TO: Mayor & City Council Members
. FROM: Gary Brizzee, Interim City Manager '75 ('-\,'1-T.-£.-.£- DATE: May 7, 2025
SUBJECT: Council Member Request - Discussion Regarding Mobile Vendor Ordinance (Council Member Chavez)
TYPE OF REPORT: Agenda Item
Recommendation:
That the City Council discuss and provide direction to staff on how to proceed regarding the Mobile Vendor Ordinance.
Discussion:
At the April 16, 2025 Council Member Chavez requested that that this item be placed on the agenda for discussion and consideration.
Attachment:
Los Banos Municipal Code 9-3.3601 - 9-3.3612
ITEM 11
157
158
City of Los Banos, CA
§ 9-3.3601 § 9-3.3604
ARTICLE 36
MOBILE FOOD VENDING
§ 9-3.3601. Purpose.
The general purpose of this article is to promote the health, safety, comfort, convenience, prosperity and general welfare of the citizens, businesses and visitors of the City of Los Banos by requiring that new and existing mobile food vendors provide the community and customers with a minimum level of cleanliness, quality, safety and security. It is the purpose and intent of the City Council in enacting this article, to provide mobile food vendors with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.
(§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 151, Ord. 1095, eff. November 20, 2010, and§ 3, Ord. 1130, eff. September 5, 2015)
§ 9-3.3602. Definitions.
"Mobile food vending unit" shall mean any vehicle, trailer, pushcart, motorized food wagon, stand, tent; or structure; not affixed to a permanent foundation, with or without wheels, which may be moved from one place to another under its own power or by other means. "Mobile food vendor" shall mean any person who owns, controls, manages or i,s otherwise engaged in the business of selling prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind, from a mobile vending unit on private or public property. "Persons" shall mean any person, firm, partnership, association, corporation, or business entity, and includes, but is not limited to, owners, operators, drivers, employees, agents, lessors and lessees of a mobile vending unit.
"Vend" or "vending" shall mean the sale, offer for sale, soliciting, preparation, display, barter, or exchange, of prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind, from a mobile food vending unit on private or public property. (§ I, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § I, Ord. 1071, eff. June 6, 2008, § 151, Ord. 1095, eff. November 20, 2010, and§ 4, Ord. 1130, eff. September 5, 2015)
§ 9-3.3603. Permit required.
No person may vend from a mobile food vending unit in the City without first obtaining and having in his or her possession a mobile food vendor permit issued by the City in accordance with this article. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All mobile food vendors subject to this article shall comply with the provisions of this article as they may be amended hereafter. (§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 151, Ord. 1095, eff. November 20, 2010, and§ 5, Ord.1130, eff. September 5, 2015)
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City of Los Banos, CA
§ 9-3.3604 § 9-3.3605
§ 9-3.3604. Permit period.
Except as otherwise provided herein, all mobile food vendor permits issued by the City shall expire one year from the date of issuance.
(§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 153, Ord. 1095, eff. November 20, 2010, and§ 6, Ord. 1130, eff. September 5, 2015)
§ 9-3.3605. Application for permit to operate.
A person desiring to engage in a mobile food vendor operation shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the Community and Economic Development Department. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate non-refundable, nontransferable application fee shall be paid yearly for such renewal application.
Mobile food vendors must have the permit in their possession when vending. Permits to operate are nontransferable and shall be specific to an identified vending unit(s). (a) A background check through the Los Banos Police Department must be obtained for the mobile food vendor and each person operating or vending out of the mobile food vending unit.
(b) Every mobile food vendor operator shall obtain a City of Los Banos business license. (c) As part of the permit to operate application, the mobile food vendor shall provide the following:
(1) Mailing address for notification purposes. If during the term of the permit, the permit holder has any change in the mailing address submitted on the original or renewal application, the permit holder shall notify the Community and Economic Development Department of such change in writing within 10 business days thereafter. Failure to provide updated contact information shall be grounds for permit suspension; (2) Legal names of the mobile food vendor and all persons operating or vending out of the mobile food vending unit;
(3) Proof of current vehicle registration (for mobile food vending unit if applicable); (4) Four photographs (showing different exterior views) of each mobile food vending unit; (5) Dimensioned sample or rendering of proposed signage; (6) A copy of a current Merced County Environmental Health permit; (7) Proof of automobile insurance as required by the Vehicle Code (for mobile vending unit if applicable);
(8) No person shall engage in, conduct or carry on the business of a mobile food vendor in the public right-of-way or on public property unless there is on file with the Community and Economic Development Department, in full force and effect at all times, documents Downloaded from https://ecode360.com/LO4965 on 2025-05-01 160
City of Los Banos, CA
§ 9-3.3605 § 9-3.3606
issued by .an insurance company authorized to do business in the State of California evidencing that the operator is insured (and naming the City as an additional insured) under a liability insurance policy providing minimum coverage of One Million and No/ l00ths ($1,000,000.00) Dollars for injury or death arising out of the operation of the mobile food vending unit;
(9) If the mobile food vendor is operating in the public right-of-way or on public property the mobile food vendor shall be required to execute a hold harmless agreement in a form approved by the City;
(10) If the mobile food vendor is operating on private property, the mobile food vendor shall provide the following:
(A) An affidavit in a form approved by the City from the property owner (if other than self) permitting the mobile food vendor to locate on the site; (B) A site plan, including sufficient parking for the primary use and the mobile food vendor, for all proposed stationary location(s). Parking spaces shall be marked as required by zoning regulations;
(C) An affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available.
(d) The following may constitute grounds for denial of a permit to operate or renewal application:
(1) The proposed mobile food vending activity does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety and health regulations;
(2) The applicant is unable to obtain a business license due to a criminal background check or Fire Department approval;
(3) The applicant has, within three years immediately preceding the application filing date, had a permit to operate, vending license or similar permit suspended or revoked in another California jurisdiction;
(4) The applicant has knowingly made a material misstatement in the application for a permit to operate;
(5) Failure to obtain clearance from Merced County Environmental Health. (e) The Planning Commission shall be the decision-making authority for any initial application of a permit to operate. The Community and Economic Development Director or designee shall be the decision making authority for any renewal application of a permit to operate and/ or temporary administrative mobile food vendor permit.
(§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 154, Ord. 1095, eff. November 20, 2010, and§ 7, Ord. 1130, eff. September 5, 2015)
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City of Los Banos, CA
§ 9-3.3606 § 9-3.3606
§ 9-3.3606. Location.
(a) Public right-of-way. A mobile food vendor may locate in the public right-of-way subject to the following conditions:
(1) A mobile food vendor shall not operate within three hundred (300') feet of any church, school grounds, park (except as set forth in Section 9-3.3608(6)), playground or Cityoperated recreation center; (2) A mobile food vendor shall not operate within one hundred (100') feet of any street intersection;
(3) In addition to the above, a mobile food vendor must comply with the following regulations, depending upon the type of use in which it is located:
(A) Residential zones.
(i) In a residential zone, a mobile food vendor shall move not less than four hundred ( 400') feet at least every 10 minutes and may not return more than three times to a previous location or within four hundred ( 400') feet of a previous location on the same calendar day.
(ii) Pennitted hours of operation are from 9:00 a.m. to 7:00 p.m. (iii) A mobile food vendor may not be located within four hundred ( 400') feet of another mobile food vendor.
(B) Commercial zones.
(i) In a commercial zone, a mobile food vendor shall move not less than four hundred ( 400') feet at least every two hours and may not return more than three times to a previous location or within four hundred ( 400') feet of a previous location on the same calendar day.
(ii) Permitted hours of operation are from 8:00 a.m. to 9:00 p.m. (iii) If a mobile food vendor is located in a commercial zone and is within one hundred ( 100') feet of a residence, it shall comply with the requirements listed above for residential zones.
(C) Industrial zones.
(i) In an industrial zone, a mobile food vendor may operate 18 hours a day or as long as businesses within three hundred (300') feet of the mobile food vendor location are open, whichever is shorter.
(ii) If a mobile food vendor is located in an industrial zone and is also within one hundred ( 100') feet of a residence, it shall comply with the requirements listed above for residential zones.
(D) Construction zones and business parks. Permitted days and hours of operation are Monday through Saturday from 8:00 a.m. to 5:00 p.m.
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City of Los Banos, CA
§ 9-3.3606 § 9-3.3607
(4) Except as set forth in Section 9-3.3608(b) no mobile food vendor shall be located or maintained on public property, including a public sidewalk or other pedestrian path, bicycle pathways, walking trails, public parks or inconsistent with any other City regulations;
(5) Shall not interfere with access, driveways, aisles, circulation or fire lanes and hydrants and shall not operate in a place where the operation will create an unsafe condition; and (6) Shall comply with the requirements of the Merced County Environmental Health Department.
(b) Private property. A mobile food vendor may locate on private property subject to the conditions as follows and shall:
(1) Be incidental to a primary use with a valid business license, if required; a mobile vending unit shall not be the primary use of a parcel. Mobile food vending units shall not be permitted as an accessory use to a standalone parking lot; (2) Be located in a commercial or industrial zoning district. Mobile food vendors shall not be located on private property in a residential zoning district, except as set forth in Section 9-3.3609( c );
(3) Not be located on a vacant parcel;
(4) Be located on pavement per City standards;
(5) Not utilize, or be located on, parking spaces required for the primary use. At least two on-site parking spaces, in addition to those required for the primary use, shall be provided for the mobile food vending unit operation;
(6) Not interfere with access, driveways, aisles, circulation or fire lanes and hydrants and shall not operate in a place where the operation will create an unsafe condition; (7) Comply with the requirements of the Merced County Environmental Health Department;
(8) Not interfere with pedestrian movement or create a hazard for pedestrians; and (9) One mobile food unit shall be allowed for each 1,000 square feet of paved level area not to exceed three mobile food vending units operating on the same parcel at the same time unless in connection with a special event permit.
(§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 154, Ord. 1095, eff. November 20, 2010, § 8, Ord. 1130, eff. September 5, 2015, and§ 2, Ord. 1171, eff. June 14, 2019) § 9-3.3607. Operational requirements.
(a) Mobile food vending unit.
(1) The mobile food vendor shall display, in plain view and at all times, current permits and licenses and the vendors permit shall be affixed to the mobile vending unit.
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City of Los Banos, CA
§ 9-3.3607 § 9-3 .3607
(2) While vending, drive wheels of the mobile food vending unit shall be chocked in such a manner as to prevent movement.
(3) The mobile food vending unit shall be entirely self-sufficient in regards to gas, water and telecommunications. All mobile food vending units that use a generator, propane, compressed natural gas, open flame, heat source, or appliance to operate the mobile food vending unit shall obtain Fire Department approval and shall be subject to inspection by the Los Banos Fire Department prior to issuance or renewal of a business license involving use of the mobile food vending unit. All mobile food vending units shall comply with California Fire Code,California Code of Regulations, and California Mechanical Code. Should any utility hook-ups or connections to on-site utilities be used or required, the mobile food vendor shall be required to apply for appropriate permits or receive approval by the appropriate City department to ensure building and public safety and consistency with applicable building and zoning regulations. (4) The mobile food vendor shall not discharge items onto the sidewalk, gutter, storm drainage inlets or streets.
(5) Any person engaged in mobile food vending shall wear, on their person, identification with a picture and name while vending. Such identification is to be obtained from the Los Banos Police Department.
,(b) Appearance of site.
(1) The site shall be maintained in a safe and clean manner at all times. (2) No tables, chairs, fences, shade structures or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted in conjunction with the mobile food vendor.
(3) Any site improvements required for mobile food vendor operations shall require application for the appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. (4) Exterior storage of refuse, equipment or materials associated with the mobile food vendor is prohibited.
(c) Amplification. While moving, a mobile food vending unit may utilize amplified music, provided that such music shall not exceed 80 decibels at ten (1 O') feet from the source as measured by a sound level meter. Any amplified music shall cease while the mobile food vending unit is stopped for vending purposes.
( d) Sanitation.
(1) All mobile food vendors operating a mobile food facility as defined by the Health and Safety Code shall operate out of a commissary pursuant to Health and Safety Code Section 114295.
(2) All mobile food vending units shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a unit, and the vendor of the mobile unit shall pick up all refuse generated by such operation within a twenty-five (25') foot Downloaded from https://ecode360.com/LO4965 on 2025-05-0 I 164
City of Los Banos, CA
§ 9-3.3607 § 9-3.3609
radius of the vehicle before such unit is moved. No mobile food vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor.
(3) All mobile food vendors operating a mobile food facility as defined by the Health and Safety Code shall comply with Health and Safety Code Section 114315, as may be amended, regarding the availability of adequate toilet facilities for use by food service personnel.
(e) Safety and security.
(1) No vending shall be permitted except after the mobile food vending unit has been brought to a complete stop and parked in a lawful manner. (2) The mobile food vendor shall install signage in a visible location on the mobile vending unit indicating that loitering is not permitted.
(3) The mobile food vendor shall enforce the no loitering rule. (§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 155, Ord. 1095, eff. November 20, 2010, and§ 9, Ord. 1130, eff. September 5, 2015)
§ 9-3.3608. Temporary administrative mobile food vendor permit. (a) A mobile food vendor that otherwise meets all the requirements of this article shall be eligible to obtain temporary administrative mobile food vendor permit issued over the counter by the Community and Economic Development Department for the temporary operation of a mobile food vending unit not to exceed one day per any one week period. A mobile food vendor shall be eligible for a maximum of six temporary administrative mobile food vendor permits per 12 month period.
(b) Notwithstanding the provisions of this article, a temporary administrative mobile food vending permit may allow the mobile food vending unit, not to exceed two units at the same time, to be located in the drive lane adjacent to the northern boundary of Pacheco Park except immediately before and after and during the time of a special event at the park subject to such other reasonable conditions as deemed appropriate by the Community and Economic Development Director.
(§ 14, Ord. 1130, eff. September 5, 2015)
§ 9-3.3609. Exemptions.
The following shall be exempt from the requirements of this article:
(a) Any person engaged in vending where such person has been authorized by the City of Los Banos to engage in such activity by a special event permit, in connection with a certified farmer's market, or other permit or entitlements issued by the City of Los Banos. (b) Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are Downloaded from https://ecode360.com/LO4965 on 2025-05-01 165
City of Los Banos, CA
§ 9-3.3609 § 9-3.3611
being delivered from such location to the customer by vehicle, regardless of the point of sale. ( c) Any person on private property in a residential zone operating solely for private catering purposes when: (1) the mobile food vending unit is parked entirely on private property; (2) service is limited to the guests of the catered event; (3) no admission is charged for attending the event; and (4) no payment is required from the guests for individual orders from the mobile food vending unit.
(§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 156, Ord. 1095, eff. November 20, 2010, and§ 10, Ord. 1130, eff. September 5, 2015)
§ 9-3.3610. Application of other laws and regulations.
(a) The provisions of this article prohibiting the stopping or parking of a vehicle shall apply at all times or at those times specified by this article, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
(b) The provisions of this article imposing a time limit on stopping or parking shall not relieve any person from the duty to observe other more restrictive provisions of the Vehicle Code, this Code or any other ordinances of the City, prohibiting or limiting the stopping or parking of vehicles in specified places or at specified times.
( c) The provisions of this article shall not relieve any person from the provisions of the Health and Safety Code pertaining to the regulation of mobile food facilities. (§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989, § 1, Ord. 935, eff. October 17, 1997, § 1, Ord. 1071, eff. June 6, 2008, § 156, Ord. 1095, eff. November 20, 2010, and§ 11, Ord. 1130, eff. September 5, 2015)
§ 9-3.3611. Suspension/revocation of permit to operate. (a) Violation and noncompliance. The Community and Economic Development Director or designee may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this article. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section. (b) Revocation and suspension of permit to operate. When the City concludes that grounds for denial, suspension, revocation or refusal to renew a permit to operate exist, he or she shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residential address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit.
This notice shall state:
(1) The reasons for the proposed action;
(2) The effective date of the decision;
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City of Los Banos, CA
§ 9-3.3611 § 9-3 .3612
(3) The rightof the applicant or permit holder to a hearing; and ( 4) That the decision will be final if no hearing request is filed within five business days. (c) Hearings and appeals. Hearings and appeals of the decision of the Community and Economic Development Director or designee or the Planning Commission shall be conducted in the same manner provided by Sections 9-3.2330 through 9-3.2334. (§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989; § 1, Ord. 935, eff. October 17, 1997; § 1, Ord. 1071, eff. June 6, 2008; § 157, Ord. 1095, eff. November 20, 2010, §§ 11, 12, Ord. 1137, eff. October 2, 2015, and§ 12, Ord. 1130, eff. September 5, 2015) § 9-3.3612. Applicability of ordinance to existing businesses. (a) The provisions of the ordinance codified in this article shall be applicable to all mobile food vendors established after the effective date of the ordinance codified in this article. (b) All existing mobile food vendors operating within the City shall be required to obtain a permit to operate and otherwise comply with this article upon the expiration of a current business license and/or application of a renewal of a current business license. (§ 1, Ord. 779, eff. July 1, 1988, as amended by§ 3, Ord. 797, eff. May 5, 1989; § 1, Ord. 935, eff. October 17, 1997; § 1, Ord. 1071, eff. June 6, 2008; § 158, Ord. 1095, eff. November 20, 2010, and§ 13, Ord. 1130, eff. September 5, 2015)
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LOsBanos
At the Crossroads of California
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members
Lucy Mallonee, MMC J}xn
City Clerk/Human Resources Director
DATE: May 7, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointments
Recommendation:
Appoint members to the following City Commission:
Measure H Citizens' Oversight Committee - One (1) Vacancy One (1) Two (2) Year Term - Expiring December 31, 2026
Tree Commission -Three (3) Vacancies
One (1) Unexpired Term - Expiring December 31, 2025
Two (2) Two (2) Year Terms - Expiring December 31, 2026 Discussion:
Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicants were interviewed by a committee per City policy. Any remaining vacancies on City commissions will continue to be advertised.
Fiscal Impact:
None
Reviewed by:
ITEM 12
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170
Airnort Advisorv Commission Annointment Date Term Exnires Denise Tarka January 17, 2024 - December 31, 2025
Dennis Reed January 17, 2024 - December 31 , 2025
David Anderson January 15, 2025 - December 31, 2026
Jim Davis January 15, 2025 - December 31, 2026
Larrv Leonardo March 5, 2025 - December 31, 2026
Measure H Citizens' Oversioht Committee Annointment Date Term Exoires Herman Jackson January 17, 2024 - December 31, 2025
Douglas Youna April 17, 2024 - December 31, 2025
Refugio Llamas March 5, 2025 - December 31, 2026
Kathy Ballard March 5, 2025 - December 31, 2026
(Vacant) - December 31, 2026
Measure P Committee Annointment Date Term Exnires
Steven Soares February 7, 2024 - December 31, 2026
Deborah "DJ" Barcellos February 7, 2024 - December 31, 2026 Harriet Schott February 7, 2024 - December 31, 2026
Richard Stewart Janury 4, 2023 - December 31, 2025
Nathan Mancebo Janury 4, 2023 - December 31, 2025
Gerald Giesel February 1, 2023 - December 31 , 2025
N acant) December 31 , 2027
Measure V Citizens' Oversiaht Committee Annointment Date Term Exoires (Vacant) - May 31, 2026
Parks & Recreation Commission Annointment Date Term Exnires Jeri Blevins January 17, 2024 - December 31, 2025
John Spevak January 17, 2024 - December 31, 2025
Luis Castro December 19, 2024 - December 31, 2026
Brad Gargano February 19, 2025 - December 31, 2026
Sybil Halloran February 19, 2025 - December 31, 2026
PlanninQ Commission Annointment Date Term Exoires
District 1 - (Vacant) - December 31 , 2028
Clarence "Rob" Robinson - District 2 January 18, 2023 - December 31, 2026 Steven Nunes - District 3 February 19, 2025 - December 31, 2026 GreQory Hicks - District 4 January 15, 2025 December 31, 2028 William McBride - At-Larae February 19, 2025 - December 31 , 2026 Tree Commission Annointment Date Term Exoires
Abel Molina March 20, 2024 - December 31, 2025
Laurence Bvers January 17, 2024 - December 31, 2025
(Vacant) - December 31, 2025
N acant) - December 31, 2026
(Vacant} - December 31, 2026
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