Agenda packet — Los Banos City Council, July 16, 2025

LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

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

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial o asistencia de traducci6n para a tender o participar en esta junta 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 los documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier articulo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reuni6n y en 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 los 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 foun�. QI]_ tbe Ci!Y'�- �§b_§j!� �!Jb�, follQwing lloJs: https://losbanos.org/category/city-council/ Los Banos City Council Agenda -July 16, 2025 Page 1 of4 1 1. CLOSED SESSION. 5:00 PM
A. Public Employment; Title: City Manager/Interim City Manager, Pursuant to Government Code Section 54957(b).

2. CALL TO ORDER - July 16, 2025 6:00 PM

3. PLEDGE OF ALLEGIANCE.

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

5. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

6. PRESENTATION - Certificate of Recognition - Employee of the Month for June 2025 - Marc Heguy, Foreman, Public Works Department.

7. 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.)

8. 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 #252227 -#252620 in the Amount of $2,953,005.82.

Recommendation: Approve the check register as submitted.

B. City Council Minutes for:
1) May 21, 2025 Meeting.
2) May 29, 2025 Adjourned Joint Meeting with the Planning Commission. 3) June 4, 2025 Meeting.
4) June 18, 2025 Meeting.

Recommendation: Approve the minutes as submitted.

Los Banos City Council Agenda -July 16, 2025 Page 2of4
2 pgs. 5-6
pgs. 7-14
pgs. 15-48
C. City Council Resolution No. 6950 - Accepting the 2023/2024 Fiscal Year Audit Reports Independent Accountant's Report on Applying Agreed-Upon Procedures Article XIIIB Appropriation Limits.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6951 - Accepting the 2016-2017 Transportation Development Act Funds Financial Statement.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6952 - Accepting the Independent Auditor's Report and Financial Statements for the Abandoned Vehicle Abatement Program for Fiscal Years 2022-2023 and 2023-2024.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6953 - Authorizing Entering into a Third Amendment to Lease Agreement Between the City of Los Banos and Marlene Pennington for Rental of the Ranchwood Park Facility for Two (2) Years at $2,500 a Month for Year 1 and $2,600 a Month for Year 2.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6954 - Authorizing Award of Construction Contract to TBS Contractors in the Amount of $106,719.85 with a Contingency in the Amount of $10,671.98 for the Construction of the Flowmeter Replacement Project.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6955 - Authorizing the Interim City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form for Fiscal Year 2024-2025.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6956 - Accepting Public Improvements for All Off-Site Landscape Associated with Southpointe at Regency Park, Phases 8-

10. Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6957 - Accepting Public Improvements for All Off-Site Landscape Associated with Sunrise Ranch, Phases 1 and 2.

Recommendation: Adopt the resolution as submitted.

K. City Council Resolution No. 6958 - Authorizing the Interim City Manager to Sign an Agreement with the Merced County Office of Education for School Resource Services Covering the 2025-2026 through 2027-2028 School Years.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda-July 16, 2025 Page 3 of4
3 pgs. 49-52
pgs. 53-74
pgs. 75-86
pgs. 87-120
pgs. 121-132
pgs. 133-144
pgs.145-178
pgs. 179-198
pgs. 199-212

9. COLORADO BALLPARK RENOVATION: PROJECT CONCEPT AND FINANCIAL PLAN.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

10. LOS BANOS SOLID WASTE DISPOSAL SITE (LANDFILL) CLOSURE OPTIONS AND COST ANALYSIS.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

11. CITY DEPARTMENT REPORTS.

A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
F. Police
G. Public Works
Recommendation: Informational item only, no action to be taken.

12. CITY MANAGER REPORT.

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

13. 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

14. 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. ~~
Lucille L. Mallonee
--f. ~
, City Clerk Dated this 11th day of July 2025
Los Banos City Council Agenda - July 16, 2025 Page 4 of4 4 pgs. 213-220
pgs. 221-228
LOs Banos
At the Crossroads of California
CEil TIFICATE OF R.ECOGNITION
Presented to

MARC HEGUY
Foreman - Public Works Department
In recognition of your outstanaing performance
ana aeaicatea service to the City of Los <Banos ana for 6eing namea '
1 P,mpfoyee of the :Month"for June 2025
Awarded July 16, 2025
Michael S. Amabile, Mayor
5 ITEM 6

THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CK# 252227 - # 252620 07/16/2025 $2,953,005.82
Los Banos 4.1 rh•· Ctc~.sH,acl:ti QJ Cali(tl, nia
Check Number Payment Date Vendor Module Payment Type Payment Amount 252227 06/13/2025 Agile Occupational Medicine PC Accounts Payable Check 140.00 252228 06/13/2025 Hector Castillo Accounts Payable Check 976.00 252229 06/13/2025 Marcus Chavez Accounts Payable Check 338.45 252230 06/13/2025 Antonio Heredia Accounts Payable Check 98.00 252231 06/13/2025 Home Depot Accounts Payable Check 9,026.42 252236 06/13/2025 JB Anderson Land Use Planning Accounts Payable Check 19,530.98 252237 06/13/2025 Brent Kuhn Accounts Payable Check 15,840.00 252238 06/13/2025 Liebert Cassidy Whitmore Accounts Payable Check 2,650.00 252239 06/13/2025 Merced County Environmental Health Accounts Payable Check 1,180.00 252240 06/13/2025 Jose Plascencia Accounts Payable Check 281.00 252241 06/13/2025 Law Offices of William A Vaughn Accounts Payable Check 9,947.25 252242 06/13/2025 AAA Business Supplies Accounts Payable Check 62.75 252243 06/13/2025 Anthony Gomes Accounts Payable Check 180.00 252244 06/13/2025 Arrowhead Evaluation Services, Inc. Accounts Payable Check 3,562.50 252245 06/13/2025 Anrak Corporation Accounts Payable Check 2,010.00 252246 06/13/2025 AT&T Accounts Payable Check 204.97
252247 06/13/2025 Advanced Environmental Concepts, Inc. Accounts Payable Check 52.00 252248 06/13/2025 Bear State Electric, Inc. Accounts Payable Check 1,987.32 252249 06/13/2025 Barton Overhead Door Inc Accounts Payable Check 1,050.00 252250 06/13/2025 BlueTriton Brands, Inc. Accounts Payable Check 9.23 252251 06/13/2025 Boot Barn Accounts Payable Check 146.80 252252 06/13/2025 Brinks Inc. Accounts Payable Check 1,050.71 252253 06/13/2025 Stericycle Inc Accounts Payable Check 227.73 252254 06/13/2025 BSK Associates Accounts Payable Check 10,576.58 252255 06/13/2025 Guadalupe Banda Accounts Payable Check 600.00 252256 06/13/2025 CWEA Accounts Payable Check 106.00
252257 06/13/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 2,583.00 252258 06/13/2025 Cal Traffic Accounts Payable Check 3,858.53 252259 06/13/2025 Cintas Corporation No.2 Accounts Payable Check 715.05 252260 06/13/2025 Coffee Break Service Inc. Accounts Payable Check 593.74 252261 06/13/2025 Comcast Accounts Payable Check 412.58 252262 06/13/2025 Core Environmental Consulting Accounts Payable Check 6,000.00 252263 06/13/2025 CSG Consultants Inc. Accounts Payable Check 40,146.08 252264 06/13/2025 LN Curtis & Sons Accounts Payable Check 974.90 252265 06/13/2025 Double D Towing, LLC Accounts Payable Check 157.50 252266 06/13/2025 Education Specialty Publishing, LLC Accounts Payable Check 880.00 252267 06/13/2025 EMC Planning Group Inc Accounts Payable Check 10,236.55 252268 06/13/2025 4Creeks - Design Accounts Payable Check 19,270.00 252269 06/13/2025 Fas Trak Invoice Processing Dept. Accounts Payable Check 11.50 252270 06/13/2025 Fehr & Peers Accounts Payable Check 10,566.25 252271 06/13/2025 Frasier Irrigation a Div. of Landmark Irrigation Accounts Payable Check 568.27 252272 06/13/2025 Galvin Preservation Associates, Inc. Accounts Payable Check 2,704.69 252273 06/13/2025 GoTo Communications, Inc. Accounts Payable Check 3,788.09 252274 06/13/2025 Halo Branded Solutions Inc. Accounts Payable Check 347.34 252275 06/13/2025 Helena Chemical Co Inc Accounts Payable Check 2,794.88 252276 06/13/2025 Hillside Xpress LLC Accounts Payable Check 4,419.20 252277 06/13/2025 Holt of California Accounts Payable Check 8,678.86 252278 06/13/2025 Kone Inc. Accounts Payable Check 903.00 252279 06/13/2025 Krazan & Associates Accounts Payable Check 1,569.75 252280 06/13/2025 Shanai King Accounts Payable Check 350.00 ITEM 8A
7 252281 06/13/2025 Mark Thomas & Company. Inc. Accounts Payable Check 14,761.17 252282 06/13/2025 Tires to you Inc Accounts Payable Check 815.70 252283 06/13/2025 Marfab Inc Accounts Payable Check 172.07 252284 06/13/2025 McCrometer Inc. Accounts Payable Check 938.00 252285 06/13/2025 Merced Truck & Trailer Inc Accounts Payable Check 27.06 252286 06/13/2025 Mid Valley Protection LLC Accounts Payable Check 25,200.00 252287 06/13/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 273.09 252288 06/13/2025 Nobile Truck Accessories of Modesto Inc. Accounts Payable Check 6,214.45 252289 06/13/2025 OSE Accounts Payable Check 244.42
252290 06/13/2025 On Target Marketing Accounts Payable Check 6,445.63 252291 06/13/2025 O'Reilly Auto Parts Accounts Payable Check 840.94 252292 06/13/2025 Outback Fire Apparatus, Inc. Accounts Payable Check 2,000.00 252293 06/13/2025 Outdoor Creations, Inc .. Accounts Payable Check 11,984.30 252294 06/13/2025 PG&E Company Accounts Payable Check 6,694.88 252295 06/13/2025 Pace Supply Corp. Accounts Payable Check 829.59 252296 06/13/2025 Pete Grove Accounts Payable Check 50.00 252297 06/13/2025 Pitney Bowes Inc Accounts Payable Check 144.41 252298 06/13/2025 Point Emblems, LLC Accounts Payable Check 3,854.06 252299 06/13/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 2,797.70 252300 06/13/2025 Purchase Power Inc Accounts Payable Check 3,044.99 252301 06/13/2025 Protech Security & Electronics, Inc. Accounts Payable Check 366.00 252302 06/13/2025 RAT Incorporated Accounts Payable Check 235.00 252303 06/13/2025 Razzari Ford Accounts Payable Check 342.17 252304 06/13/2025 Rincon Consultants, Inc. Accounts Payable Check 4,241.51 252305 06/13/2025 Save Mart Supermarkets Accounts Payable Check 92.46 252306 06/13/2025 Sorensens True Value Accounts Payable Check 686.93 252308 06/13/2025 Superior Pool Products, LLC Accounts Payable Check 20,269.25 252309 06/13/2025 T-Mobile USA Inc. Accounts Payable Check 72.06 252310 06/13/2025 Technicon Engineering Services, Inc. Accounts Payable Check 2,355.00 252311 06/13/2025 Terryberry Company LLC Accounts Payable Check 1,574.10 252312 06/13/2025 TeamCalifornia Economic Development Corp. Accounts Payable Check 2,500.00 252313 06/13/2025 Thirkettle Corporation Accounts Payable Check 5,150.00 252314 06/13/2025 Tractor Supply Credit Plan Accounts Payable Check 1,859.39 252315 06/13/2025 CalMatCo. Accounts Payable Check 962.33 252316 06/13/2025 Tyler Technologies, Inc. Accounts Payable Check 5,591.25 252317 06/13/2025 Jason Timoteo Accounts Payable Check 600.00 252318 06/13/2025 Uline, Inc. Accounts Payable Check 2,504.53 252319 06/13/2025 United Site Services, Inc. Accounts Payable Check 2,280.42 252320 06/13/2025 USA Blue Book Accounts Payable Check 1,068.66 252321 06/13/2025 Vestis Group, Inc. Accounts Payable Check 2,108.71 252323 06/13/2025 Vestis Accounts Payable Check 1,443.36 252324 06/13/2025 Verizon Wireless Accounts Payable Check 1,258.69 252325 06/13/2025 Windecker Inc Accounts Payable Check 12.23 252326 06/13/2025 Witmer Public Safety Group, Inc Accounts Payable Check 82.64 252327 06/13/2025 Zoom Recreation, Inc. Accounts Payable Check 79,503.23 252342 06/20/2025 Aflac-Customer Service Accounts Payable Check 186.93 252343 06/20/2025 AFSCME District Council 57 Accounts Payable Check 2,396.64 252344 06/20/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,371.89 252345 06/20/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,867.00 252346 06/20/2025 Los Banos Fitness & Racquet Club Accounts Payable Check 175.00 252347 06/20/2025 Los Banos Police Assn Accounts Payable Check 1,085.00 252348 06/20/2025 Los Banos Police Assn. Accounts Payable Check 280.00 252349 06/20/2025 MissionSquare Accounts Payable Check 620.89 252350 06/20/2025 MissionSquare Accounts Payable Check 8,775.00 252351 06/20/2025 Nationwide Retirement Solutions Accounts Payable Check 3,956.49 252352 06/20/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.15 252353 06/20/2025 State Disbursement Unit Accounts Payable Check 1,183.50 252354 06/20/2025 Apex Annex Health Center, Inc. Accounts Payable Check 983.00 252355 06/20/2025 CalPERS Fiscal Services Division Accounts Payable Check S21,293.00 8 252356 06/20/2025 Culver Company LLC Accounts Payable Check 2,486.06 252357 06/20/2025 Liebert Cassidy Whitmore Accounts Payable Check 10,110.00 252358 06/20/2025 Jennifer Loa Accounts Payable Check 2,878.00 252359 06/20/2025 Jennifer Lampreda Accounts Payable Check 250.00 252360 06/20/2025 Yuri Sagastume Accounts Payable Check 4,900.00 252361 06/20/2025 Todd Silva Accounts Payable Check 225.00 252362 06/20/2025 Law Offices of William A Vaughn Accounts Payable Check 97,040.59 252364 06/20/2025 Westamerica Bank - Cafeteria Plan Accounts Payable Check 105,478.25 252365 06/20/2025 Anthony Gomes Accounts Payable Check 1,779.37 252366 06/20/2025 Anrak Corporation Accounts Payable Check 5,100.00 252367 06/20/2025 AT&T Mobility Accounts Payable Check 780.73 252368 06/20/2025 AT&T Accounts Payable Check 544.32
252369 06/20/2025 Dorothy June Baker Accounts Payable Check 271.40 252370 06/20/2025 Bear State Electric, Inc. Accounts Payable Check 250.00 252371 06/20/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 100.00 252372 06/20/2025 Boot Barn Accounts Payable Check 332.75 252373 06/20/2025 Bryce Consulting Inc. Accounts Payable Check 570.00 252374 06/20/2025 BSK Associates Accounts Payable Check 11,995.22 252375 06/20/2025 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 5,873.25 252376 06/20/2025 Cintas Corporation No.2 Accounts Payable Check 381.08 252377 06/20/2025 Clark Pest Control Inc Accounts Payable Check 98.00 252378 06/20/2025 Comcast Accounts Payable Check 208.70 252379 06/20/2025 LN Curtis & Sons Accounts Payable Check 562.66 252380 06/20/2025 D & D Pest Control Accounts Payable Check 167.00 252381 06/20/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 252382 06/20/2025 Edges Electrical Group, LLC Accounts Payable Check 951.00 252383 06/20/2025 Education Specialty Publishing, LLC Accounts Payable Check 460.00 252384 06/20/2025 Electric Drives Inc Accounts Payable Check 1,741.00 252385 06/20/2025 Ferguson Enterprises Inc DBA Groeniger & Company Accounts Payable Check 2,183.09 252386 06/20/2025 Ferrellgas, Inc. Accounts Payable Check 234.69 252387 06/20/2025 Food 4 Less Accounts Payable Check 224.40 252388 06/20/2025 Four Paws Pet Hotel Accounts Payable Check 100.00 252389 06/20/2025 Government Revenue Solutions Holdings I, LLC Accounts Payable Check 750.00 252390 06/20/2025 Grainger Parts Operations Accounts Payable Check 29.74 252391 06/20/2025 Halcyon Creek Inc. Accounts Payable Check 4,507.88 252392 06/20/2025 lnfoSend Inc. Accounts Payable Check 10,356.82 252393 06/20/2025 Phil Jacob Accounts Payable Check 725.00 252394 06/20/2025 JWC Environmental Inc. Accounts Payable Check 1,187.40 252395 06/20/2025 Michael Lewallen Accounts Payable Check 1,458.13 252396 06/20/2025 Marfab Inc Accounts Payable Check 583.08 252397 06/20/2025 MaxiSweep, Inc. Accounts Payable Check 6,147.75 252398 06/20/2025 Merced County Regional Waste Management Authority Accounts Payable Check 6,725.30 252399 06/20/2025 Merced Truck & Trailer Inc Accounts Payable Check 2,661.59 252400 06/20/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 1,754.27 252401 06/20/2025 Motorola Solutions, Inc. Accounts Payable Check 253,023.78 252402 06/20/2025 Alberto Muniz Accounts Payable Check 385.00 252403 06/20/2025 N & S Dos Palos Tractor Accounts Payable Check 181.48 252404 06/20/2025 Napa Auto Parts of Los Banos Accounts Payable Check 78.48 252405 06/20/2025 NDN International LLC Accounts Payable Check 9,913.38 252406 06/20/2025 OSE Accounts Payable Check 146.31
252407 06/20/2025 On Target Marketing Accounts Payable Check 1,435.96 252408 06/20/2025 O'Reilly Auto Parts Accounts Payable Check 250.03 252409 06/20/2025 PG&E Company Accounts Payable Check 138,046.28 252410 06/20/2025 Precision Civil Engineering, Inc Accounts Payable Check 6,130.00 252411 06/20/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 1,509.60 252412 06/20/2025 Protech Security & Electronics, Inc. Accounts Payable Check 132.00 252413 06/20/2025 Fatima Rodriguez Accounts Payable Check 350.00 252414 06/20/2025 Save Mart Supermarkets Accounts Payable Check 19.99 252415 06/20/2025 Sherwin Williams Co Accounts Payable Check 794.53 9 252416 06/20/2025 Silicon Constellations, Inc. Accounts Payable Check 5,525 .78
252417 06/20/2025 Smith & Loveless Inc Accounts Payable Check 648.89 252418 06/20/2025 SNG & Associates, Inc. Accounts Payable Check 4,267.00
252419 06/20/2025 Soares Lumber & Fence Inc Accounts Payable Check 88 .90
252420 06/20/2025 Sorensens True Value Accounts Payable Check 984.83 252422 06/20/2025 Sports Facilities Group, Inc. Accounts Payable Check 1,418.95 252423 06/20/2025 The Heil CO Accounts Payable Check 238.00 252424 06/20/2025 Cal Mat Co. Accounts Payable Check 1,892.86 252425 06/20/2025 Daniel Talley Accounts Payable Check 600.00 252426 06/20/2025 Estela Tiscareno Accounts Payable Check 50.00 252427 06/20/2025 US Bank Corp Pymt System Accounts Payable Check 61,653.45 252428 06/20/2025 Vanir Construction Management, Inc. Accounts Payable Check 12,820 .00
252429 06/20/2025 Vestis Group, Inc. Accounts Payable Check 63 .06
252430 06/20/2025 Verizon Wireless Accounts Payable Check 328 .19
252431 06/20/2025 Westside Water Conditioning Accounts Payable Check 193.50 252432 06/20/2025 Windecker Inc Accounts Payable Check
4,001.75
252433 06/20/2025 Young's Air Conditioning Accounts Payable Check 419.00 252434 06/20/2025 Youngs Air Conditioning Accounts Payable Check 14,839.11 252446 06/20/2025 Blue shield of California Life & Health Insurance Co. Accounts Payable Check 2,067.94 252447 06/20/2025 Quality Container Builders LLC Accounts Payable Check 58 ,999.00
252448 06/25/2025 Law Offices of William A Vaughn Accounts Payable Check 10,666 .81
252449 06/27/2025 Agile Occupational Medicine PC Accounts Payable Check 485 .00
252450 06/27/2025 Apex Annex Health Center, Inc. Accounts Payable Check 270 .00
252451 06/27/2025 Central Valley Toxicology, Inc Accounts Payable Check 190.00 252452 06/27/2025 Brent Kuhn Accounts Payable Check 15,345 .00
252453 06/27/2025 Laboratory Corporation of America Holdings Accounts Payable Check 283.50 252454 06/27/2025 Mission Merced Incorporated Accounts Payable Check 6,375.25 252455 06/27/2025 Greg Obeso Accounts Payable Check 500 .00
252456 06/27/2025 Gilbert Sandoval Accounts Payable Check 13.80 252457 06/27/2025 State Water Resources Control Board Accounts Payable Check SO .DO
252458 06/27/2025 A-C Electric Company Accounts Payable Check 1,681.50 252459 06/27/2025 All American Plumbing Accounts Payable Check 34,425 .96
252460 06/27/2025 Anthony Gomes Accounts Payable Check 1,515 .83
252461 06/27/2025 Ascent Aviation Group, Inc. Accounts Payable Check 28,201.74 252462 06/27/2025 AT&T Mobility Accounts Payable Check
5,406.98
252463 06/27/2025 AT&T Accounts Payable Check
2,681.02
252464 06/27/2025 Barton Overhead Door Inc Accounts Payable Check 545.00 252465 06/27/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 137.00 252466 06/27/2025 Boot Barn Accounts Payable Check 150.00 252467 06/27/2025 BSK Associates Accounts Payable Check 971.41 252468 06/27/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 676.50 252469 06/27/2025 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 6,233 .25
252470 06/27/2025 Core Business Interiors Accounts Payable Check 4,500.00
252471 06/27/2025 Central Sanitary Supply, LLC Accounts Payable Check 644 .46
252472 06/27/2025 Clark Pest Control Inc Accounts Payable Check 119 .00
252473 06/27/2025 Comcast Accounts Payable Check 274
.76
252474 06/27/2025 Cook's Communications Corp. Accounts Payable Check 2,832.29 252475 06/27/2025 Copy Shipping Solutions Accounts Payable Check 13.95 252476 06/27/2025 CSG Consultants Inc. Accounts Payable Check 615.00 252477 06/27/2025 Lamar
A. Cummings Accounts Payable Check 976.37
252478 06/27/2025 Dos Palos Publishing Company Accounts Payable Check 350 .00
252479 06/27/2025 Get Plaques, LLC Accounts Payable Check 2,828 .33
252480 06/27/2025 Gouveia Engineering Inc. Accounts Payable Check 2,302.03
252481 06/27/2025 Green Rubber Kennedy AG LP Accounts Payable Check 20 ,623.13
252482 06/27/2025 Halcyon Creek Inc. Accounts Payable Check 588 .65
252483 06/27/2025 Home Depot Accounts Payable Check 8,858.22 252487 06/27/2025 Don Hughes Photography Accounts Payable Check 68.51 252488 06/27/2025 Charles A. Edler Accounts Payable Check 860.00 252489 06/27/2025 Ingraham Trophies Accounts Payable Check 143.70 10 252490 06/27/2025 Los Ba nos Abattoir Accounts Payable Check 52,662.10 252491 06/27/2025 Marfab Inc Accounts Payable Check 29.62 252492 06/27/2025 Merced Truck & Trailer Inc Accounts Payable Check 259.78 252493 06/27/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 90.75 252494 06/27/2025 OSE Accounts Payable Check 60.67
252495 06/27/2025 O'Reilly Auto Parts Accounts Payable Check 869.67 252496 06/27/2025 Pace Supply Corp. Accounts Payable Check 2,079.71 252497 06/27/2025 Pitney Bowes Inc Accounts Payable Check 199.35 252498 06/27/2025 Precision Civil Engineering, Inc Accounts Payable Check 480.00 252499 06/27/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 13,637.35 252500 06/27/2025 Purchase Power Inc Accounts Payable Check 200.00 252501 06/27/2025 Quad Knopf, Inc. Accounts Payable Check 412.50 252502 06/27/2025 Ronny's Inc. Accounts Payable Check 380.00 252503 06/27/2025 Save Mart Supermarkets Accounts Payable Check 171.52 252504 06/27/2025 Sherwin Williams Co Accounts Payable Check 99.18 252505 06/27/2025 Sorensens True Value Accounts Payable Check 1,400.17 252507 06/27/2025 Superior Pool Products, LLC Accounts Payable Check 5,197.37 252508 06/27/2025 CalMat Co. Accounts Payable Check 2,495.33 252509 06/27/2025 USA Blue Book Accounts Payable Check 408.79 252510 06/27/2025 Valley Entry Systems, Inc. Accounts Payable Check 450.00 252511 06/27/2025 Vanir Construction Management, Inc. Accounts Payable Check 31,224.00 252512 06/27/2025 Vestis Group, Inc. Accounts Payable Check 1,315.81 252514 06/27/2025 Vestis Accounts Payable Check 380.09
252515 06/27/2025 Verizon Wireless Accounts Payable Check 1,945.27 252516 06/27/2025 Williams Scotsman, Inc. Accounts Payable Check 1,419.46 252517 06/27/2025 Willdan Engineering Accounts Payable Check 23,154.00 252518 06/27/2025 Windecker Inc Accounts Payable Check 3,212.95 252519 06/27/2025 Young's Air Conditioning Accounts Payable Check 16,994.64 252520 06/27/2025 Zoom Recreation, Inc. Accounts Payable Check 172,560.97 252530 07/03/2025 Aflac-Customer Service Accounts Payable Check 244.93 252531 07/03/2025 AFSCME District Council 57 Accounts Payable Check 2,307.27 252532 07/03/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,371.89 252533 07/03/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,867.00 252534 07/03/2025 Los Banos Police Assn Accounts Payable Check 1,120.00 252535 07/03/2025 Los Banos Police Assn. Accounts Payable Check 280.00 252536 07/03/2025 MissionSquare Accounts Payable Check 820.89 252537 07/03/2025 MissionSquare Accounts Payable Check 9,150.00 252538 07/03/2025 Nationwide Retirement Solutions Accounts Payable Check 3,986.49 252539 07/03/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.16 252540 07/03/2025 State Disbursement Unit Accounts Payable Check 1,183.50 252541 07/03/2025 Beam Insurance Administrators LLC Accounts Payable Check 23,426.57 252542 07/03/2025 Sara Blevins Accounts Payable Check 363.75 252543 07/03/2025 CEP America California Accounts Payable Check 1,286.00 252544 07/03/2025 KO Medical Group, Inc. Accounts Payable Check 25.00 252545 07/03/2025 Liebert Cassidy Whitmore Accounts Payable Check 23,005.00 252546 07/03/2025 Reliance Standard Life Insurance Company Accounts Payable Check 2,170.28 252548 07/03/2025 Ronny's Inc. Accounts Payable Check 192,273.06 252549 07/03/2025 Law Offices of William A Vaughn Accounts Payable Check 24,755.02 252550 07/03/2025 Law Offices of William A Vaughn Accounts Payable Check 14,700.00 252551 07/03/2025 Alves Management, Inc Accounts Payable Check 542.50 252552 07/03/2025 Anabasis LLC Accounts Payable Check 18,269.46 252553 07/03/2025 Animal Damage Management, Inc. Accounts Payable Check 4,561.00 252S56 07/03/2025 APLPD Holdco, Inc. Accounts Payable Check 697.72 252557 07/03/2025 AT&T Accounts Payable Check 384.09
252558 07/03/2025 Dorothy June Baker Accounts Payable Check 1,301.40 252559 07/03/2025 Todd Baker Accounts Payable Check 1,943.38 252560 07/03/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 80.00 252561 07/03/2025 Boys & Girls Clubs of Merced County Accounts Payable Check 600.00 252562 07/03/2025 Stericycle Inc Accounts Payable Check 226.87 11 252563 07/03/2025 Leslie Butler Accounts Payable Check 600.00 252564 07/03/2025 Cardio Partner Inc. Accounts Payable Check 204.45 252565 07/03/2025 A & E Industrial Cleaning Equipment Accounts Payable Check 478.46 252566 07/03/2025 Capital One Accounts Payable Check 286.94 252567 07/03/2025 Civitas Advisors Accounts Payable Check 1,759.68 252568 07/03/2025 CPRS Accounts Payable Check 1,990.00
252569 07/03/2025 City of Los Banos Utility Accounts Payable Check 52,892.38 252570 07/03/2025 Display Sales Co Accounts Payable Check 2,055.00 252571 07/03/2025 Engineering Unlimited Inc Accounts Payable Check 575.98 252572 07/03/2025 4Creeks - Design Accounts Payable Check 2,000.00 252573 07/03/2025 Fas Trak Invoice Processing Dept. Accounts Payable Check 8.00 252574 07/03/2025 Federal Express Corporation Accounts Payable Check 27.53 252575 07/03/2025 Fehr & Peers Accounts Payable Check 1,635.00 252576 07/03/2025 Ferguson Enterprises Inc OBA Groeniger & Company Accounts Payable Check 5,391.97 252577 07/03/2025 Governmentjobs.com, Inc. Accounts Payable Check 13,340.95 252578 07/03/2025 Granite Construction Inc Accounts Payable Check 2,461.71 252579 07/03/2025 Halcyon Creek Inc. Accounts Payable Check 27,649.33 252580 07/03/2025 Helena Chemical Co Inc Accounts Payable Check 4,186.88 252581 07/03/2025 Index Products Inc. Accounts Payable Check 469.00 252582 07/03/2025 JB Anderson Land Use Planning Accounts Payable Check 40,067.93 252583 07/03/2025 J.J.R. Enterprises Inc. Accounts Payable Check 161.18 252584 07/03/2025 Joseph P Silva Accounts Payable Check 160.00 252585 07/03/2025 Mark Thomas & Company. Inc. Accounts Payable Check 22,070.25 252586 07/03/2025 Tires to you Inc Accounts Payable Check 758.22 252587 07/03/2025 Marfab Inc Accounts Payable Check 635.41 252588 07/03/2025 Oscar Daniel Figueroa Martinez Accounts Payable Check 4,800.00 252589 07/03/2025 Maverick Data Systems Accounts Payable Check 1,300.00 252590 07/03/2025 Merced Community Action Agency Accounts Payable Check 350.00 252591 07/03/2025 Mid Valley Truck School, LLC Accounts Payable Check 3,200.00 252592 07/03/2025 Municipal Maintenance Equipment, Inc. Accounts Payable Check 7,397.73 252593 07/03/2025 NDN International LLC Accounts Payable Check 132.73 252594 07/03/2025 Gerald "Obie" O'Brien Accounts Payable Check 77.14 252595 07/03/2025 O'Dell Engineering Accounts Payable Check 19,570.00 252596 07/03/2025 David Oliveira Accounts Payable Check 46.50 252597 07/03/2025 O'Reilly Auto Parts Accounts Payable Check 860.30 252598 07/03/2025 PG&E Company Accounts Payable Check 8,894.79 252599 07/03/2025 Phoenix Group Information Systems Accounts Payable Check 4,263.80 252600 07/03/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 4,428.60 252601 07/03/2025 Protech Security & Electronics, Inc. Accounts Payable Check 339.00 252602 07/03/2025 Miguel Parras Accounts Payable Check 500.00 252603 07/03/2025 Razzari Dodge Chrysler Jeep Accounts Payable Check 70.06 252604 07/03/2025 Save Mart Supermarkets Accounts Payable Check 100.66 252605 07/03/2025 Sherwin Williams Co Accounts Payable Check 191.90 252606 07/03/2025 Sorensens True Value Accounts Payable Check 4,555.18 252608 07/03/2025 Technicon Engineering Services, Inc. Accounts Payable Check 8,952.00 252609 07/03/2025 Terryberry Company LLC Accounts Payable Check 807.29 252610 07/03/2025 The Don Chapin Co., Inc. Accounts Payable Check 2,047.73 252611 07/03/2025 Samantha Alison Tova Accounts Payable Check 292.50 252612 07/03/2025 United Site Services, Inc. Accounts Payable Check 2,413.67 252613 07/03/2025 Vanir Construction Management, Inc. Accounts Payable Check 4,287.50 252614 07/03/2025 Vestis Group, Inc. Accounts Payable Check 158.90 252615 07/03/2025 Vestis Accounts Payable Check 514.85
252616 07/03/2025 Verizon Wireless Accounts Payable Check 125.55 252617 07/03/2025 VFW & American Legion Accounts Payable Check 90.00 252618 07/03/2025 Arlene Washington Accounts Payable Check 350.00 252619 07/03/2025 Youth Evolution Activites Accounts Payable Check 1,332.50 252620 07/03/2025 Valerie Zamora Accounts Payable Check 600.00 Break in check sequence due to the following: Payment Type 12 Check #252226 (Payroll)
Check #252232
- #252235 (Manual Void)
Check #252307 (Manual Void)
Check #252322 (Manual Void)
Check #252328 - #252339 (Utility Billing)
Check #252340
- #252341 (Payroll)
Check #252363 (Manual Void)
Check #252421 (Manual Void)
Check #252435
- #252445 (Utility Billing)
Check #252484
- #252486 (Manual Void)
Check #252506 (Manual Void)
Check #252513 (Manual Void)
Check #252521
- #252527 (Utility Billing)
Check #252528
- #252529 (Payroll)
Check #252547 (Manual Void)
Check #252554
- #252555 (Manual Void)
Check #252607 (Manual Void)
Check #252621
- #252645 (Utility Billing)
Check #252646
- #252690 (Payroll)
Regular Checks
Manual Voids
Voided Checks
343
17 0
2,953,005.82
2,953,005.82
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14 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
MAY 21, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:00 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: Council Member Marcus Chavez - District 3 STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, Police Chief Reyna, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Fire Chief Tualla, Public Works Director/City Engineer Bergson, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that staff is requesting that item 7H - City Council Resolution No. 6933 -Approving Memorandum of Understanding Between the City of Los Banos and the Grassland Water District Regarding Cooperative Efforts to Implement the Recharge Basin and Storm Water Capture Project, be removed from the consent agenda and presented as a separate agenda item after consent agenda approval.

Motion by Lewis, seconded by Sanders to approve the agenda as amended with item 7H - City Council Resolution No. 6933 -Approving Memorandum of Understanding Between the City of Los Banos and the Grassland Water District Regarding Cooperative Efforts to Implement the Recharge Basin and Storm Water Capture Project, being removed from the consent agenda and presented as a separate agenda item after consent agenda approval. The motion carried by the affirmative action of all Council Members present, Chavez absent.

PRESENTATIONS: PROCLAMATION RECOGNIZING PUBLIC WORKS WEEK;

PROCLAMATION RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS UTILITIES MAINTENANCE II GREGORY LEVER. Mayor Amabile presented the Proclamations Recognizing Public Works Week and the Retirement of Gregory Lever for which Charles Bergson, Public Works Director/City Engineer and Carlos Granillos, Public Works Operations Manager were present to accept.
15 ITEM 8B
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. BRIAN SWANSON, Firefighters Burn Institute), thanked the City of Los Banos and Merced County Cal Fire for their continued support of the "Fill the Boot" fundraiser. Since 2005, about $125,000 has been raised locally, including $9,600 this year. Noted that boot drives provide about 50% of the lnstitute's annual budget. Presented plaques to Los Banos Fire Department and Merced County Cal Fire; MARK DUDIES, Odd Fellows representative, voiced concerns about the Property-Based Improvement District (PBID) assessment process. Noted an $82,000 total assessment over 10 years, including $35,000 for one parcel with only a parking lot. Questioned the validity of the petition process and the use of collected funds ($750,000 over 5 years).

Called for transparency and accountability, citing questionable spending and the lack of visible improvements; ANNA MCCAULEY, resident, raised two key concerns: Traffic Light at Mercy Springs & Pacheco and recommended syncing northbound traffic with the left-turn signal to improve flow and prevent cars from being blocked due to limited stacking space, Homeless Encampment and criticized the visual blight and unsanitary conditions near the police station. Urged the council to act decisively and clean up the area, suggesting models like Grants Pass, Oregon, where strict regulations and clean shelters are enforced; JOHN FULTON, resident, advocated for safer and more compliant bike lanes. Highlighted dangerous outdated infrastructure, such as narrow lanes and unsafe drain covers. Offered no-cost or low-cost solutions like reconfiguring induction loops and adjusting drain grates. Urged proper planning and implementation of bike routes that connect homes, schools, and businesses; UNNAMED SPEAKER called for a public forum or regional seminar to address the city's homeless crisis, especially following a recent tragic event at a local encampment. Cited health, safety, and financial concerns for residents, businesses, and emergency services. Requested updates on: the delayed fire station project near Ward Road, expressing concern over rising costs, City officials' trip to Washington, D.C., asking what the goals and outcomes were, stray animal issues, recommending educational partnerships with schools, celebrating Independence Day on July 4th, not earlier, to promote civic pride and local commerce; BLANCHE JORGE, downtown resident, praised Public Works, Code Enforcement, and Animal Shelter staff for excellent and compassionate work, especially during storms and kitten season.

Suggested a more fun and engaging dog licensing program involving designer tags and online profiles. Encouraged the council to continue supporting the shelter with funding and to approve needed resources requested by the police chief. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Pro Tern Lewis had a question regarding item 7G - City Council Resolution No. 6932 - Accepting the Fire Department Mandated Inspection Report Pursuant to 13146.4 of the California Health and Safety Code and asked the Fire Chief for clarification on item the timeline for required fire inspections, specifically whether they are done on an annual or fiscal-year basis, for which Fire Chief Tualla explained that the inspections are required annually.

With the addition of a fire prevention captain this past year, the department has been able 16 to move inspections forward. While inspections originally followed a January-to-December schedule, the department is transitioning to a fiscal-year schedule (July to June) to align with budget reporting. Some inspections are still being completed and are expected to be finished by July.

Motion by Lewis, seconded by Sanders to approve the consent agenda as amended with approval of the agenda: Check Register for #251448 - #251793 in the Amount of $2,519,504.23; Minutes for the April 16, 2025 City Council Meeting; Minutes for the May 6, 2025 Adjourned City Council Meeting; Minutes for the May 7, 2025 City Council Meeting; City Council Resolution No. 6930 - Amending the Fiscal Year 2024-2025 Budget by Increase Revenue and Expenditure for Retiree Health Infernal Service Fund Budget in the Amount of $323,418; City Council Resolution No. 6931 - Approving an Easement Deed from the City of Los Banos to PG&E Dedicating an Easement Approximately 179 Quarter Feet of Land at the Southeast Corner of Parcel C in the Subdivision The Villages V, Phase 3 and Authorizing the Public Works Director to Execute the Associated Documents; City Council Resolution No. 6932 - Accepting the Fire Department Mandated Inspection Report Pursuant to 13146.4 of the California Health and Safety Code; City Council Resolution No. 6933 Approving Memorandum of Understanding Bet\veen the City of Los Banos and the Grassland 'Nater District Regarding Cooperative Eff-Orts to Implement the Recharge Basin and Storm \f!iater Capture Project. The motion carried by the affirmative action of all Council Members present, Chavez absent.

CITY COUNCIL RESOLUTION NO. 6933 - APPROVING MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LOS BANOS AND THE GRASSLAND

WATER DISTRICT REGARDING COOPERATIVE EFFORTS TO IMPLEMENT THE RECHARGE BASIN AND STORM WATER CAPTURE PROJECT. Public Works Director/City Engineer Bergson presented the staff report. City Clerk Mallonee read a comment submitted by email from Ric Ortega, General Manager with Grassland Water District regarding the Grassland Water District and its 2,500 landowners support an agreement with the City of Los Banos for a stormwater capture project. The project will build 160 acres of water storage basins east of town to hold up to 500 acre-feet of stormwater and canal overflow. Benefits include flood control, groundwater recharge, improved water supply, and better drinking water quality. The district praised the city's efforts and looks forward to the project's completion.

Motion by Sanders, seconded by Lewis to adopt City Council Resolution No. 6933 - Approving Memorandum of Understanding Between the City of Los Banos and the Grassland Water District Regarding Cooperative Efforts to Implement the Recharge Basiri and Storm Water Capture Project. The motion carried by the affirmative action of all Council Members present, Chavez absent.

PRESENTATION REGARDING THE LOCAL AGING AND DISABILITY-FRIENDLY ACTION PLAN - BY MIKE KING FROM PEAR STREET CONSULTING. Interim City Manager Brizzee presented the staff report and introduced Mike King from Pear Street Consulting who spoke in more detail to the Local Aging and Disability-Friendly Action Plan, which included a PowerPoint presentation.
17 Council Member Lewis expressed support for the age-friendly initiative but emphasized the need for grant funding, especially given limited city resources. They also asked whether the plan would focus on income demographics in addition to ethnic groups. The presenter confirmed that the plan prioritizes lower-income seniors and persons with disabilities, as these households are most affected by issues like transportation, housing, and communication for which Mr. King was clarified that this is a planning effort only, with no new staff hired for implementation. Existing staff from the Area Agency on Aging will lead the work by shifting their priorities and building partnerships. The county used a state planning grant to begin the project and hopes to secure future funding through national opportunities. The approach will be gradual, with a long-term goal of improving services and infrastructure for aging populations.

This is was an informational item only, no action was taken.

PUBLIC HEARING - TO RECEIVE INFORMATION REGARDING THE STATUS OF CITY EMPLOYEE JOB VACANCIES TO COMPLY WITH ASSEMBLY BILL 2561.

Human Resources Director Mallonee presented the staff report. This public hearing was for informational purposes only, with no action required by the City Council. As of May 1, 2025, the City of Los Banos had 199 full-time budgeted positions, with 15 vacancies, resulting in a 7.5% vacancy rate, which is considered low and manageable. No employee bargaining unit has a vacancy rate over 20%, so enhanced reporting is not required.

Vacancy rates by group were as follows: Police Officers Association had 3 vacancies out of 37 positions (8.1 %), the Firefighters Association had 1 vacancy out of 19 (5.3%), the Police Sergeants and Police Middle Managers Associations had no vacancies, Dispatchers and Community Services Officers had 3 out of 19 positions vacant (15.8%), Public Works and Miscellaneous Employees had 2 out of 74 (2.7%), and Unrepresented positions had 6 out of 39 (15.3%). Ms. Mallonee explained that vacancies occur due to retirements, resignations, promotions, or terminations. In 2024, the city filled 30 full-time and 14 part-time positions. Recruitment efforts involve reviewing job descriptions, working with departments, using the NEOGOV online system, and conducting interviews and background checks. The city has taken steps to attract and retain employees through competitive salaries and benefits, retirement plans, merit raises, cost-of-living adjustments, employee recognition programs, and appreciation events. Challenges remain in filling specialized positions that require degrees, certifications, or unique experience. Recent labor negotiations and a compensation study resulted in pay increases and multi-year agreements across all six bargaining units, helping the city stay competitive.

Council Members asked questions about vacancy rate calculations, job classifications, and budget planning. Ms. Mallonee clarified how vacancy percentages are determined and confirmed that recruitment is ongoing for most open positions. She also noted that recent salary increases have already improved hiring outcomes, and those metrics will continue to be tracked.

Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed. This was an informational item only; no action was taken. 18 CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6934 - ACCEPTING THE 2023/2024 FISCAL YEAR AUDIT REPORTS CONSISTING OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT. THE GOVERNMENT AUDITING STANDARDS REPORT, AND THE SINGLE AUDIT REPORT. Finance Director Moreno presented the staff report and introduced the City's independent auditors from Price Page & Company, who conducted a comprehensive review of the City of Los Banos' financial statements, internal controls, and compliance with regulations for fiscal year 2023-2024.

JOSH GIOSA, CPA with Price Page & Company delivered a detailed presentation, explaining that the audit resulted in an unmodified (clean) opinion, meaning the financial statements fairly represent the City's financial position in accordance with Generally Accepted Accounting Principles (GAAP). He emphasized that this reflects sound fiscal management and transparency. Described the audit process in four key phases: risk assessment and planning, internal control walkthroughs, fieldwork, which included transaction sampling, financial testing, and compliance checks, and audit wrap-up. He stressed the purpose of the audit is not to detect all fraud or waste, but to provide reasonable assurance that no material misstatements or fraud exist. The team also conducted confidential interviews to help assess fraud risks and reviewed the City's internal controls across all major transaction cycles. Three audit reports were issued: the main audit report confirming the City's financial accuracy; a report on internal controls and compliance, which found no deficiencies or material weaknesses; and a single audit report required due to over $750,000 in federal expenditures, specifically tied to highway planning and construction), which also resulted in a clean opinion. Highlighted key audit areas of emphasis, including revenues and receivables, always a high-risk area, the landfill closure/post-closure liability, pension and OPEB liabilities, and the new Los Banos Successor Agency fund. He walked through how to read the City's financial statements, emphasizing the Management's Discussion and Analysis section as a good starting point.

He noted the General Fund had strong reserves, about $44 million total, with $22 million unassigned and available for future use, and reported a $3 million increase in fund balance for the year.

Councilmembers asked questions about how auditors detect fraud or undue influence, how they select staff for fraud questionnaires, and how they evaluate potential waste. Mr.

Giosa explained that fraud detection often relies on whistleblowers and policy compliance, and that judgments about waste are based on comparisons with similar cities. He reaffirmed the City's internal controls were sound and being followed appropriately.

Interim City Manager Brizzee several councilmembers expressed appreciation to Mr.

Giosa for his clear and detailed explanation and thanked the City's finance staff - Brent, Minnie, Rosemarie for their diligence in upholding financial controls.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6934 - Accepting the 2023/2024 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report, the Government Auditing Standards Report, and the Single Audit Report. The motion carried by the affirmative action of all Council Members present, Chavez absent.

CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, JULY 2, 2025 DUE TO THE 4TH OF JULY HOLIDAY. Motion by Lewis, 19 seconded by Sanders to cancel the Regular City Council Meeting scheduled for Wednesday, July 2, 2025 due to the 4th of July Holiday. The motion carried by the affirmative action of all Council Members present, Chavez absent.

CITY DEPARTMENT REPORTS. FIRE CHIEF TUALLA provided an update on Fire Station #4, which is currently in the planning and design phase. The new station will be located behind Walmart on donated land and will include an Emergency Operations Center (EOC) and partial training grounds for technical rescue operations. Chief Duala explained that an EOC is used during major incidents, such as the 2022 Merced County floods, to help cities manage emergencies more effectively. He also shared that the recent Fill the Boot fundraiser, coordinated with County Fire, was a success, and the Smoke Detector Event with the Red Cross had a smaller turnout than in past years but still went well. PUBLIC WORKS DIRECTOR BERGSON reported that major work is ongoing at the Ortigalita and Pioneer Road intersection and that a full intersection closure will take place in about 2-3 weeks. Detours will be announced ahead of time. While the full project has a one-year timeline, it is on track to be completed by the end of the year, with the street expected to reopen by the end of June. COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR SOUZA ELMS announced a public hearing scheduled for May 28 at 6 PM regarding a 58-unit Permanent Supportive Housing Project funded through the Encampment Resolution Fund and Alliance Grant. The site will include residential units, a game room, office, laundry, and a community center. She also recapped her recent trip to the ICSC Retail Convention in Las Vegas, which she attended with Assistant Planner Ragunton. They met with brokers and developers to promote development in Los Banos, and the success of past trips is evident with businesses like Ross, Marshalls, Chipotle, and Dutch Bros #2 now in the community. Dutch Bros #2 is expected to open within 60-90 days, and Ono Hawaiian BBQ is anticipated to open in late summer or early fall. She also confirmed that Sourdough & Co. quietly opened around September or October near the AAA building. Additionally, she announced a Joint Planning Commission and City Council Meeting on May 29 at 5 PM at the Community Center Lounge to review and finalize the city's Community Design Standards. FINANCE DIRECTOR MORENO shared good news that credit cards are now accepted at all city locations, ahead of the planned July 1 deadline. The finance team is also working with the Parks and Recreation and Community Development departments to fully integrate this capability into the city's Tyler software system. PARKS & RECREATION DIRECTOR HEIM reported that Sunrise Ranch Park held a soft opening last Wednesday, though some PG&E work related to lighting is still pending. The park, located at 2053 Martin Street, has already seen high usage by families and kids. Construction at Shaughnessy Village has begun with roof barriers and grading, and work continues on installing shade structures at Regency Lot D, Oliver, and Rancho de Amigos parks. Joe thanked the Mayor and Mayor Pro Tern for attending the recent ceremonial check event at Colorado Ballpark, where Assemblymember SORIA awarded the city $1 million.

Police Chief Reyna addressed public concern about a recent incident on G Street. While he could not share full details, he confirmed that police and fire responded, and the injured woman is recovering and has a bed available at a respite facility in Merced. He also noted that officers will return to the site the following day for cleanup efforts. Chief Rena acknowledged National Police Week, thanking law enforcement officers past and present 20 for their service, and praised his own department for their continued dedication to the community of Los Banos.

CITY MANAGER REPORT. Interim City Manager Brizzee addressed recent public interest in a homelessness workshop and confirmed that one will be held in June. He explained that a comprehensive homelessness presentation was already given to the council and public on May 6 at the police department, and plans are underway to replay that presentation as a public workshop in collaboration with Christy and her staff. The city remains committed to addressing homelessness, and Brizzee emphasized that it is a top priority for both staff and council. He noted that although Governor Newsom has allocated around $3.3 billion for encampment closures and homelessness efforts, none of that funding is currently designated for the west side of Merced County. However, city housing staff will explore ways to tap into those resources for programs on the east side, aiming to assist local residents as well. Brizzee praised Los Banos as the only city in the county with dedicated housing and homeless staff, highlighting the city's leadership on the issue.

He also discussed the upcoming permanent supportive housing project, known as One Tree, which is scheduled to go before the Planning Commission on May 28. The goal is to transition 58 individuals currently living at the G Street encampment into permanent housing once the project is operational. Regarding the Governor's push to close encampments, Brizzee reminded attendees that the state still requires local governments to provide lawful sleeping alternatives before shutting down encampments. He stressed the challenge of closing sites without eliminating available resources-like bathrooms-which are currently located at the encampment and prevent issues like waste in public spaces. Brizzee also mentioned that a community workshop will be held to gather public input on Fire Station #4, the Emergency Operations Center, and the Development Services Center. That feedback will be reviewed with the City Council, as part of a broader civic master plan that includes renovating or repurposing the old police annex and buildings across from City Hall. Those updates are expected to be brought to council in June and July. He invited the public to email him directly with questions about homelessness or any city issues, promising transparency and timely responses. Brizzee also announced that a technical workshop on Public Works Improvement Standards will be scheduled for July, following the adoption of the Community Design Standards currently being worked on by Stacy and her team. On another matter, Brizzee provided an update about the portable trailers still sitting in the City Hall parking lot. The city has terminated the rental contract, which officially ends at the end of June. The city has requested removal, and while the company is planning to retrieve them, the city is considering additional options to expedite the process if needed. Lastly, Brizzee addressed concerns about the traffic signal timing at the intersection of Highway 152 and Mercy Springs Road. While community members have reported long waits and only a few cars turning per cycle, he explained that adjusting one direction's timing affects the entire intersection due to phased signal sequencing. He is in regular communication with Caltrans District 1 O and will continue to explore options, though adjustments may result in unintended delays for other traffic directions.

CITY COUNCIL MEMBER REPORTS:
21 DEBORAH LEWIS - DISTRICT 4: Stated that she did not attend the Air Board meeting due to participation in the One Voice trip to Washington, D.C. However, they noted that the Air Board is actively encouraging cities to eliminate live fireworks and instead adopt drone shows for safety and environmental reasons. While grant funds were made available again this year ($10,000), the Downtown Association did not submit an application in time, and all funding has since been distributed. The councilmember expressed support for moving away from live fireworks in favor of drone shows due to fire danger and unpredictable summer winds, which could result in show cancellations and financial losses. During the One Voice trip, the group focused on COPS and SAFER grants for the police and fire departments. Meetings were held with Congressman Adam Gray and Rep. Schiff, among others. A key concern raised was how federal grant allocations fail to consider California's unique size and city definitions, often disadvantaging areas like Los Banos, which are considered "small cities" by California standards but not by federal ones. The councilmember advocated for changes to grant criteria to better reflect California's demographics and left behind materials to keep Los Banos on the radar. Follow-up letters will be sent to federal contacts to maintain visibility for future funding. The councilmember also highlighted the importance of mental health treatment in addressing homelessness, stating that housing without services is ineffective. They urged the public to contact their state and federal legislators, Assemblymembers, Senators, and Congresspeople, to demand more financial support and policy reform. They emphasized that local governments are being pressured to act on homelessness without receiving adequate state or federal funding and referenced San Diego's pushback as an example. On local events, they mentioned the Relay for Life held at Creekside Junior High School, calling it a successful 24-hour event. They also acknowledged the $1 million ceremonial check given by Assemblymember Soria, praising the support despite the strong winds during the event. She requested a report from Public Works detailing street repair and resurfacing plans for the next six months, specifically citing deteriorating conditions in the Anderson Homes area.

DISTRICT 1: Vacant
EVAN SANDERS- DISTRICT 2: Thanked Mr. Fulton for attending and sharing specific concerns about infrastructure, particularly storm drains, and suggested Public Works should review the issues. They also addressed a public question about the mobile vendor ordinance, explaining that changes are in progress behind the scenes, including reviews of licensing and amenities, and emphasized the goal is to balance oversight with supporting local vendors. The main focus of the report was the homeless encampment.

The councilmember acknowledged being new to city government but stressed that, despite staffs continued efforts to maintain the site, the encampment has become unmanageable. A recent injury to a resident highlighted the urgency of re-evaluating how the encampment is being managed. While staff has expanded sanitation and outreach services, recurring problems such as fire hazards, crime, and trash buildup persist. The councilmember noted that the encampment lacks a long-term plan, purpose, or clear guidelines, making it hard to define success or progress. He emphasized the need to first define what the encampment is and is not, and then develop a plan with realistic goals and time lines. He expressed support for the upcoming community workshop proposed by the city manager and stressed that the solution must be legally sound, enforceable, and 22 informed by experts. He believe addressing the encampment should be a top priority.

Mayor Amabile echoed these concerns, stating that the community is clearly frustrated and demanding action. They emphasized that law and order must be restored and noted that since the state is not providing sufficient support, the city will have to take the lead on solving the issue quickly.

MARCUS CHAVEZ - DISTRICT 3: Absent
MICHAEL S. AMABILE - MAYOR: Thanked Mr. Fulton for his past advocacy regarding bike lanes and noted that Caltrans has moved up funding for the Highway 152 improvement project through Los Banos. This project now includes bike lanes designed to current standards. He also mentioned that efforts are underway to improve bike and pedestrian access to Merced College. He reported on the May 15th LAFCO meeting, explaining that the Local Agency Formation Commission oversees annexations and expansions of special districts. The commission approved its annual budget of under $250,000. He invited the public to attend Memorial Day ceremonies: one on Sunday at 9:00 a.m. in Santa Nella and another Monday at 10:00 a.m. at the Los Banos Cemetery, honoring fallen veterans. He requested that Chief Reyna and the Traffic Safety Committee examine limiting parking on Sixth Street between K and H Streets due to complaints from business owners about employee parking taking up customer spaces.

He mentioned possible solutions such as timed parking or camera monitoring systems to increase turnover and support downtown businesses.

CLOSED SESSION - PUBLIC EMPLOYEE RELEASE (CALPERS INDUSTRIAL DISABILITY RETIREMENT} PURSUANT TO GOVERNMENT CODE SECTION 54957.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6935 - On Application for Industrial Disability Retirement Pursuant to Government Code Section 21156 for Aron Mejia. The motion carried by the affirmative action of all Council Members present, Chavez absent.

ADJOURNMENT. The meeting was adjourned at 9:15 p.m. to 5:00 p.m., Thursday, May 29, 2025 at the Los Banos Community Center, 645 7th Street, Los Banos, California to Hold a Joint Meeting with the Planning Commission to Discuss the Community Design Standards.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

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

ADJOURNED JOINT CITY COUNCIL/

PLANNING COMMISSION MEETING MINUTES
MAY 29, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council and Planning Commission. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER - CITY COUNCIL: Mayor Amabile called the Adjourned Joint City Council/Planning Commission Meeting to order at the hour of 5:00 p.m.

CALL TO ORDER - PLANNING COMMISSION: Chairperson Hicks called the Adjourned Joint City Council/Planning Commission Meeting to order at the hour of 5:00 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Interim City Manager Gary Brizzee.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Mayor Amabile, City Council Members Marcus Chavez, Deborah Lewis, and Evan Sanders. ABSENT: None.

ROLL CALL - MEMBERS OF THE PLANNING COMMISSION PRESENT: Planning Commission Chairperson Gregory Hicks, Commissioners William McBride, Steven Nunes, and Rob Robinson. ABSENT: None.

STAFF MEMBERS PRESENT: Interim City Manager Gary Brizzee, Human Resources Director/City Clerk Lucy Mallonee, City Attorney William A. Vaughn, Community & Economic Development Director Stacy Elms, Assistant Planner Justin Ragunton, and Planning Technician Haley Leonard.

CONSIDERATION OF APPROVAL OF AGENDA - CITY COUNCIL: Motion by Chavez, seconded by Sanders to approve the agenda as submitted. The motion carried by the affirmative action of all City Council Members present.

CONSIDERATION OF APPROVAL OF AGENDA- PLANNING COMMISSION: Motion by Hicks, seconded by Nunes to approve the agenda as submitted. The motion carried by the affirmative action of all Planning Commissioners present; McBride (arrived at 5:08 p.m.) PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

AND PLANNING COMMISSION ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY COUNCIL AND PLANNING COMMISSION:

INCLUDING AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. Mayor Amabile opened the public forum. BLANCHE JORGE, resident of Los Banos, spoke on pet friendly community design standards, dog park master plan, and 25 how some developers are creating pet friendly homes for individuals with special needs. No one else came forward to speak and the public forum was closed.

JOINT MEETING TO DISCUSS THE COMMUNITY DESIGN STANDARDS. Erik Smith, Mark Thomas & Company, and Bruce Playle, Indigo Hammond and Playle Architects facilitated the discussion, which included a PowerPoint.

Discussion item only; no action taken.

ADJOURNMENT - CITY COUNCIL: The meeting was adjourned at the hour of 6:52 p.m.

ADJOURNMENT-PLANNING COMMISSION: The meeting was adjourned at the hour of 6:52 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
26 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JUNE 4, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:02 p.m.

PLEDGE OF ALLEGIANCE: Police Sergeant Gonzales led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, Police Chief Reyna, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Fire Chief Tualla, Finance Director Moreno
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Chavez to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: PROCLAMATION RECOGNIZING THE LOS BANOS HIGH SCHOOL MARCHING BAND & GUARD; CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR MAY 2025 - SALVADOR CASTANEDA, COMMUNITY SERVICES OFFICER, POLICE DEPARTMENT. Mayor Amabile presented the Proclamation to Danielle Cavazos, Director of Bands who was in attendance to accept and presented the certificate to Salvador Castaneda who was present to accept.

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

He emphasized the importance of blood donations during summer months and encouraged public participation; CASSANDRA MEDINA TORRES, representing the DR.

Jennifer M. Jones Foundation, proposed a cleanup event at the H Street encampment.

The event would include food, music, and community outreach to support homeless individuals. She offered to coordinate with city staff and left contact information; JOHN FULTON, a Los Banos resident, thanked the city for quickly addressing hazardous storm drains. He discussed recent updates to California vehicle codes regarding bike lanes and recommended shifting from bike lanes to bike routes due to space and safety limitations.

He also emphasized the need for proper signage and two-way infrastructure for bicycles; KHALED SANCHEZ introduced himself as a candidate for City Council District 1 and encouraged residents to vote in the special election by mail on August 26; UNNAMED REPRESENTATIVE from a local construction and home-building business addressed delays in entitlement and plan approvals, citing staffing issues in Public Works and the Engineering Department. He emphasized the urgent need to move forward with infill housing and school construction projects. He expressed support for the current council and staff while urging faster progress; BLANCHE JORGE, a downtown resident and Elks Lodge member, highlighted the Flag Day celebration on Saturday during the blood drive.

She encouraged families to attend and learn about American flag history. She also asked the council to improve public communication about July 4th fireworks procedures to protect veterans and animals; ANTON 10 GRIMALDO asked the council to investigate a community program he believed was unfairly targeting individuals. He claimed harassment and requested accountability for those allegedly abusing the program. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Interim City Manager Brizzee stated that staff would lie to removed Item 7F - City Council Resolution No. 6938 - Authorizing the Interim City Manager to Execute a Professional Services Agreement between the City of Los Banos and CliftonlarsonAllen, LLP to Perform Professional Auditing Services for a Term of Three (3) Years with the Right to Extend for Two (2) Additional Years in the Amounts not to Exceed Year 1 $73,555, Year 2 $79,950, Year 3 $76,350, Year 4 $77,750, Year 5 $79,250 from the consent agenda. Council Member Lewis stated that she would like to pull item 7D - City Council Resolution No. 6936 - Amending the Fiscal Year 2024-2025 Budget by Increasing Appropriations in the Community Center Fee Fund Account 244-410-100-720 for Expenditures in the Amount of $6,130 for Civil Engineering and Administrative Services for the Construction of the Community Center Fence for discussion.

Item 7D - City Council Resolution No. 6936 - Amending the Fiscal Year 2024-2025 Budget by Increasing Appropriations in the Community Center Fee Fund Account 244- 410-100-720 for Expenditures in the Amount of $6,130 for Civil Engineering and Administrative Services for the Construction of the Community Center Fence. Council Member Lewis inquired as to A $6,130 cost overrun was discussed regarding a task order with Precision Engineering for a community center project. Parks & Recreation Director Heim Precision was assigned as one of the city's on-call engineers to complete the design portion of the project. Although their total task order was not to exceed $17,000, a late 28 invoice for $6, 130 was submitted months after project completion, causing budgeting issues. The delay prevented the cost from being accounted for during the normal fiscal process. The expense will be paid from the Community Center Fee Fund, which had reached its limit. Parks & Recreation Director Heim acknowledged the delay and expressed the need for clearer billing deadlines in future contracts.

Motion by Chavez, seconded by Sanders to approve the consent agenda, with the removal of Item 7F - City Council Resolution No. 6938 - Authorizing the Interim City Manager to Execute a Professional Services Agreement between the City of Los Banos and CliftonLarsonAllen, LLP to Perform Professional Auditing Services for a Term of Three (3) Years with the Right to Extend for Two (2) Additional Years in the Amounts not to Exceed Year 1 $73,555, Year 2 $79,950, Year 3 $76,350, Year 4 $77,750, Year 5 $79,250, as follows: Check Register for #251794 - #252009 in the Amount of $1,175,590.82; Measure P Oversight Committee Financial Report; Measure H Citizens' Oversight Committee Financial Report; City Council Resolution No. 6936 -Amending the Fiscal Year 2024-2025 Budget by Increasing Appropriations in the Community Center Fee Fund Account 244-410-100-720 for Expenditures in the Amount of $6,130 for Civil Engineering and Administrative Services for the Construction of the Community Center Fence; City Council Resolution No. 6937 - Awarding Contract for Publication of Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2026 and Authorizing and Directing the Interim City Manager to Execute Agreement with The Westside Express; City Council Resolution No. 6938 Authorizing the Interim City Manager to Execute a Professional Services Agreement betv.1een the City of Los Banos and CliftonlarsonAllen, LLP to Perform Professional Auditing Services for a Term of Three (3) Years with the Right to Extend for Tv,o (2) Additional Years in the Amounts not to Exceed Year 1 $73,555, Year 2 $79,950, Year 3 $76,350, Year 4 $77,750, Year 5 $79,250; City Council Resolution No. 6939 - Authorizing the Interim City Manager to Execute a Professional Services Agreement between the City of Los Banos and Harshwal & Company, LLP to Perform Specialized Auditing Services of Capital Projects in the Amount Not to Exceed $45,000; City Council Resolution No. 6940 - Approving and Adopting Final Tract Map No. 2016-01 East Center, Phase 38 and Accompanying Subdivision Improvement Agreement (Pioneer Development Company, Inc.). The motion carried by the affirmative action of all Council Members present.

MOBILE FOOD VENDOR ORDINANCE UPDATE. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation.

Mayor Amabile invited the public to come forward and speak. UNNAMED PERSON requested an emergency change to allow for temporary shade structures due to extreme heat, noting temperatures reached 106-107°F last weekend. Although their food truck was repositioned for some shade, customers are still exposed to direct sun for over three hours. The speaker emphasized that the shade setup would not be permanent and urged for expedited approval, as a formal ordinance change could take over a month. 29 Ms. Souza Elms asked for feedback on if staff should proceed with: Flexibility in allowing minor adjustments, Re-evaluation of permit fees, Enhanced signage regulations to allow A-Frame signs, Consideration of a "food truck park" or designated vending hubs There was Council and staff discussion regarding concerns about excessive heat and the need for shade structures at mobile food vendor locations. Staff confirmed that only temporary structures (e.g., pop-up tents with sandbags) are allowed without a building permit. Permanent shade structures would require building permits, owner approval, and would need to meet wind and safety standards. Council emphasized maintaining the "mobile" nature of food vendors. Staff explained that an emergency ordinance for shade due to heat could be legally justified for public health reasons, but it would only last 45 days and require a unanimous vote. Council agreed this route is complex and may not be necessary. Instead, Council supported a temporary solution: staff will immediately work with vendors to allow minimal, non-permanent shade (such as umbrellas, pop-up tents, and a few chairs/tables) that must be taken down daily. This allows relief from heat while staff continues developing long-term updates to the mobile food vending ordinance.

Council clarified that these temporary allowances do not constitute approval for permanent structures. Council also asked staff to bring the existing mobile food vending ordinance to a future meeting for review and comparison. They agreed that any permanent changes must involve input from vendors and uphold city aesthetics and safety standards. Direction to staff was to begin working immediately with vendors to implement temporary shade solutions, prepare current ordinance materials for council review at a future meeting, continue stakeholder engagement as updates to the ordinance are developed. No action taken, direction and guidance given to staff.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

EXTENDING THE DEVELOPMENT AGREEMENT FOR THE VILLAGES AT STONECREEK IV SUBDIVISION (ARTHUR W. AND ANNE L. DUNKLEY MARITAL PROPERTY TRUST UTD AND ROSALYN M. SIMON REVOCABLE TRUST UTD); ORDINANCE NO. 1208 - (1) APPROVING SECOND AMENDMENT TO

DEVELOPMENT AGREEMENT RELATIVE TO THE DEVELOPMENT KNOWN AS "VILLAGES AT STONECREEK IV" , (2) MAKING CERTAIN FINDINGS RELATED THERETO, AND (3) AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY. (FIRST READING & INTRODUCTION). Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation.

Mayor Amabile opened the public hearing. KATHY BALLARD asked about the development fees applicable in 2035, noting that the tentative map dates back to 2005 and the build-out has not yet occurred. She inquired whether fees would be based on 2005 rates or updated fees in 2035. The response was deferred until after the public hearing. TINO GOMES, a resident of the Ortigalita area for approximately 100 years and owner of 11 acres affected by the current construction, expressed serious concerns about the impact of the development. He reported that about 600 feet of his property and infrastructure have been damaged due to construction activities. He explained that construction crews are not landscapers and do not take responsibility for property care. 30 He also highlighted safety issues on Ortigalita Road, which is officially closed but lacks police patrol. Signs and cones have been repeatedly knocked down, dust is pervasive, and residents face hostile behavior when enforcing the closure. Gomes stressed that many innocent residents are negatively affected without protection, property damage is ongoing, and there appears to be a lack of control over construction impacts, including signage placed on private property and landscaping damage. He called for increased law enforcement presence and enforcement. No one else came forward to speak and the public hearing was closed.

Mayor Amabile acknowledged the concerns raised regarding Ortigalita Road. Staff clarified that the fees associated with the development are not based on the original 2005 schedule but will be the fees in effect at the time each building permit is applied for, even if that is in 2035. This is a key benefit of the development agreement, which is typically structured to protect both the city and the developer, especially for large projects. It was also noted that the current issues on Ortigalita Road are related to intersection improvements rather than the development agreement extension itself. Public Works will investigate the concerns, and efforts will be made to address dust control and damaged signs. Council member Lewis asked if there is a legal limit to how many times a developer can request extensions of a development agreement. City Attorney Vaughn responded that there is no such limit under state law. He explained the advantages of development agreements, including keeping large projects consistent and avoiding a restart of the approval process that could result in a substantially different development with new fees.

Typically, these agreements last about 20 years, depending on the pace of development.

For this particular project, the development includes 309 lots. Ms. Lewis also inquired about land shown outside the development area on the tentative map. Staff confirmed that this land is covered by a separate tentative map and is also approved for residential development.

Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1208 - (1) Approving Second Amendment to Development Agreement Relative to the Development Known as "Villages at Stonecreek IV", (2) Making Certain Findings Related Thereto, and (3) Authorizing the Mayor to Execute Said Amendment on Behalf of the City.

The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1208 - (1) Approving Second Amendment to Development Agreement Relative to the Development Known as "Villages at Stonecreek IV", (2) Making Certain Findings Related Thereto, and (3) Authorizing the Mayor to Execute Said Amendment on Behalf of the City. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Amabile; NOES:

None; ABSENT: None.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE LEVY OF THE PROPOSED ANNUAL ASSESSMENT FOR THE 2025-2026 FISCAL YEAR FOR LANDSCAPING AND LIGHTING DISTRICT NOS. 1-7 AND 9-19:

CITY COUNCIL RESOLUTION NO. 6941 - CONFIRMING DIAGRAM, ASSESSMENT

AND LEVYING ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT 31 NOS. 1-7 AND 9-19 FOR THE 2025-2026 FISCAL YEAR. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation.

Mayor Amabile opened the public hearing. CAMI AVILAR, a resident of District 4, asked about planned restroom improvements listed for the 2028-2030 period, noting the existing restroom at the College Greens utility building. She wanted clarification on what the new restrooms are and whether the maintenance and costs for the rentable building come from the District 4 assessment or another source, and if rental revenue covers those costs. JOHN FULTON raised a concern about the Vineyard B park at Ranchwood, pointing out there are no bike racks despite plans to expand parking. He questioned the cost comparison between installing bike racks for 20 bicycles versus creating parking spaces for cars, noting the limited parking available at the new junior high school relative to student population. Mayor Amabile acknowledged these questions and said they would be addressed after the public hearing. No one else came forward to speak and the public hearing was closed.

Mr. Heim responded to public hearing questions. Regarding Cami Avilar's inquiries about District 4 and College Greens, Joe explained the five-year capital plan includes a planned publicly accessible restroom at College Greens Park. The $30,000 in 2028-29 is design funding, with construction planned the following year. Restrooms are costly, with past projects exceeding $350,000 due to factors like sewer, water connections, and ADA compliance. The existing rentable building's maintenance and costs are covered by the city's general fund, not the district assessment, since rental income is variable. In response to John Fulton's parking and bike rack questions for Vineyard B Park, Joe noted parking expansion is driven by high park activity and limited parking along Vineyard Drive.

He agreed bicycle locking systems are a viable, simple solution to help mitigate traffic and congestion, and the city plans to explore this further. Councilmember Lewis asked about districts with multiple assessments due to different development phases, questioning how residents will know which district or assessment they fall under on their tax bill. Ms. Moreno explained that this information can be found in the recorded property documents. Councilmember Evan asked about the financial status of District 11, which Joe then addressed in detail. Regarding assessment increases, Mr. Heim detailed that districts vary in characteristics, amenities, and size, which affect costs. Typical increases range from about $14 to $47 per year depending on district and type of assessment (residential or commercial). He clarified that tax bills indicate the assessment district, and some districts have multiple assessments (A, B, C, etc.) based on different developments or commercial rates. Property records also show district information. For District 11, which has a 5% maximum annual increase, Joe explained it faces challenges due to an initially low assessment rate and large park maintenance needs, including decorative lighting, playgrounds, and restroom upkeep. Though it's working toward financial stability, it will take years and careful budgeting. Other districts have a 10% cap on increases and vary in financial status. Overall, Mr. Heim emphasized the need for conservative and strategic management of district funds to maintain park and lighting services.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6941 - Confirming Diagram, Assessment and Levying Assessments for Landscaping and Lighting District Nos. 1-7 and 9-19 for the 2025-2026 Fiscal Year. The motion carried by the affirmative action of all Council Members present.
32 PUBLIC HEARING - TO EVALUATE THE CONTINUATION OR REPEAL OF THE

MEASURE P SPECIAL TRANSACTIONS (SALES) AND USE TAX IN ACCORDANCE WITH ORDINANCE NO. 1020 (CHAPTER 12, SECTION 3-12.1.24 OF THE LOS BANOS MUNICIPAL CODE): CITY COUNCIL RESOLUTION NO. 6942 - APPROVING THE CONTINUATION OF THE "MEASURE P" LOS BANOS POLICE, FIRE, PUBIC SAFETY/911 SPECIAL TRANSACTIONS (SALES) AND USE TAX. Finance Director Moreno presented the staff report.

Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed.

There was Council and staff discussion regarding the funding for a Battalion Chief, with Councilmember Chavez confirming that 70% of the cost would be covered, for which Ms.

Moreno clarified that 70% of the budget comes from Measure P and 30% from the general fund. Mayor Amabile noted that Measure P has been a huge benefit to the city, supporting the new Los Banos Police Department and the construction of the new Fire Station Number Four. Councilmember Lewis added that since the measure became permanent, it has significantly helped the city hire police officers and firefighters and acquire necessary equipment. He emphasized that Measure P was created by the community to support the growth of public safety services in line with the city's expansion. The council expressed unanimous support for continuing this funding to sustain public safety improvements.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6942 - Approving the Continuation of the "Measure P" Los Banos Police, Fire, Pubic Safety/911 Special Transactions (Sales) and Use Tax. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT FOR THE PROPOSED FISCAL YEAR 2025-2026 CITY BUDGET AND THE 2025-2026 APPROPRIATION LIMITATION. Finance Director Moreno presented the staff report, which included a PowerPoint presentation and a detailed report of the Proposed Fiscal Year 2025-2026 City Budget and Appropriation Limitation.

Mayor Amabile opened the public hearing and invited residents watching on line to submit questions if anything was unclear, acknowledging that budget discussions can be complex. He emphasized that public safety remains the city's top priority and that the budget is designed to provide necessary services efficiently without holding funds unnecessarily. He expressed satisfaction with the budget's reserve and surplus.

BLANCHE JORGE noted an increase in funding for pet spaying and neutering, recognizing it as an important community concern. CAMI AVILAR, inquired about Colorado Ballpark, noting that it was not prominently featured in the capital projects or recreation budget. The Mayor acknowledged the question as valid and said it would be addressed shortly. No one else came forward to speak and the public hearing was closed.
33 There was Council Member and staff discussion regarding Colorado Ballpark, with Mr.

Heim noting that the project is included in the Park Fund budget with $500,000 allocated for design and engineering this fiscal year, with further funding to be brought to council as needed. Gary explained that some PowerPoint slides were lost during a power outage but were recovered and further detailed by Ms. Moreno. Interim City Manager Brizzee highlighted the addition of 18 new employee positions, emphasizing that current staff are "lean and mean," and these extra positions will help advance projects and improve efficiency. Ms. Moreno thanked Sarah, Rosemarie, and Brent for their assistance in preparing the budget. Mayor Amabile expressed strong support, emphasizing that public safety is the city's top priority, praising the budget's reserves, surplus, and the increase in the spay and neuter program and called it a very good budget. Council Member Lewis echoed this appreciation, commending the Interim City Manager and staff for providing vital community services and the addition of staff. She was pleased the budget is a living document that can be amended, but suggested more Code Enforcement Officers are needed. She also inquired about MCAG funding for a specific project, and expressed relief that the city is financially healthy, contrasting it with other California cities facing deficits. Council Member Chavez thanked staff and emphasized the importance of smart spending to provide services, agreeing with the mayor's earlier statement about having the money and needing to use it wisely. Council Member Sanders thanked the team, expressing excitement about being on a council with a financially stable city, transparency, and the ability to spend on community needs. An overview of the city's fund balance and fiscal sustainability was provided, showing a healthy unallocated fund balance projected at $11.8 million by June 2025 and a balanced operating budget with a slight surplus for fiscal year 2025-26. The city manager recommended designating portions of funds for economic development, streets, homelessness, parks, and CalPERS, with council approval required for appropriations. Council was updated on staffing priorities, including the splitting of the Public Works Director and City Engineer roles to increase departmental efficiency. The budget was praised for transparency, fiscal health, and alignment with community service priorities. The item will return for a formal vote at the next Council Meeting on June 18th, with another public hearing.

CITY DEPARTMENT REPORTS. FIRE CHIEF TUALLA thanked the City Council and Interim City Manager for their support and dialogue regarding the Fire Department's budget needs. He expressed appreciation for the positions included in the new budget.

COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR SOUZA ELMS reported that the modular unit is scheduled for removal between June 16-20, 2025, after which the parking lot will be restored to its original condition by Public Works. She announced the Downtown Association's Fourth of July celebration will be held on June 28 from 6:00 to 9:00 p.m., and that weekly farmers markets have started and will continue through October. She also noted an upcoming Community Workshop on homelessness, scheduled for 6:00 p.m. at the Los Banos Police Department. SOUZA ELMS shared that the draft 2025 Point-in-Time Count was released by the Merced County and City Continuum of Care, showing Los Banos' unsheltered population at 86 people, down from 121 in 2024-a 28.9% decrease. This was largely attributed to the Housing Division's efforts in permanently housing 20 individuals. She highlighted the outstanding work by Housing Program Manager Christy McCammond and Homeless Outreach Coordinator 34 Jennifer Loa. FINANCE DIRECTOR MORENO discussed a new campaign encouraging the community to "Buy Local" and "Buy Online" (with local delivery), in order to retain tax revenue in Los Banos. She stated that approximately 70% of potential sales tax is currently lost to outside spending. The campaign will include videos featuring community leaders to promote keeping tax dollars in town. PARKS & RECREATION DIRECTOR HEIM, currently assisting with Public Works, thanked staff and department heads for their support during the transition. He acknowledged the past struggles in Public Works and emphasized the goal of handing off a strong department to future leadership. HEIM provided updates on park projects including concrete work at Shaughnessy Park, and progress on the sports complex and pickleball courts. He gave special thanks to all staff involved in cleaning up the homeless encampment, recognizing the hard work and teamwork displayed. He also mentioned that installation of solar lighting along the canal trail is expected by early winter. POLICE CHIEF REYNA provided an update on the G Street homeless encampment cleanup. Approximately 60 tons of debris were removed, the site was cleaned, and replaced with new tents. The cleanup involved coordinated efforts from Public Works, Police, Code Enforcement, and the Fire Department. The project is ongoing, with more work scheduled in the coming days. Chief Reyna emphasized the importance of enforcing site rules-residents must keep all belongings inside their tents, similar to property maintenance expected of housed residents. The new staffing included in the upcoming budget will greatly assist in maintaining enforcement and supporting these efforts long term. MAYOR AMABILE commented on the complexity of HUD vouchers and the challenges that come with shifting state-level expectations without regulatory changes. He emphasized the importance of rules, order, and cleanliness at the encampment site. He noted that transitional housing is essential as a bridge between encampments and permanent housing, and he expressed appreciation for the progress being made.

CITY MANAGER REPORT. Interim City Manager Brizzee extended his appreciation to the Finance Department, Public Works, and all city staff involved in the recent cleanup of the G Street encampment. He acknowledged the difficult conditions staff worked under, including high temperatures, and expressed gratitude for their compassion and professionalism while addressing the needs of the unhoused community. He noted that while the city had planned this cleanup effort in advance, it was temporarily paused following an incident where a young woman was injured on-site. Rodriguez shared that she is now out of the hospital and recovering at home in Merced. He emphasized that he and Chief Reyna understand the responsibility of ensuring the cleanup efforts are sustained and effective. He also praised Interim Public Works Director Heim for stepping up during the transition period and staying dedicated to projects, even during off-hours.

He highlighted two significant projects expected to come before the Council in July. The first is the long-planned closure of the old landfill near the sports complex, often referred to as the "bottle dump." The city is weighing two options: a cap closure estimated at $6 million or a clean closure, which would remove contaminated dirt and cost approximately $15 million. The clean closure is preferred, as it allows for more flexible land use in the future. Staff will return with a financing plan and a recommendation at the second meeting in July. The second project involves the Civic Center Master Plan and a potential solution for creating a mobile vending area downtown. The proposal includes repurposing the old 35 police department facility and adjacent buildings to create a park-like space with green areas and parking that could accommodate vendors. Staff plans to hold a public workshop to gather community input before returning to Council with recommendations. He concluded by reiterating the city's commitment to long-term planning and community improvement. Mayor Amabile added that the bottle dump site is approximately 55 acres and is similar to another contaminated area that was addressed decades ago. He explained that the cost estimates reflect the scale of the property and the complexity of the remediation needed, but emphasized the importance of finally addressing the issue and putting the land to productive use.

CITY COUNCIL MEMBER REPORTS:

DISTRICT 1: Vacant
EVAN SANDERS - DISTRICT 2: Addressed concerns about widespread misinformation circulating online regarding the homeless encampment, particularly on platforms like Facebook. He encouraged the public to attend the upcoming community workshop on homelessness to get accurate, firsthand information, as the meeting will not be broadcast online. He noted the significant improvements made at the encampment in the past week, thanks to efforts by Chief Reyna, Public Works, and other staff, but emphasized the importance of understanding the long-term path toward the opening of One Tree, which is still years away. He praised the evening's meeting as a strong example of transparent, community-driven local government and highlighted discussions around food vendor policies, neighborhood maintenance funding, and public safety, stating that the budget reflects the Council's values and commitment to providing vital services. He expressed pride in being part of a Council that puts residents first.

MARCUS CHAVEZ - DISTRICT 3: He began by apologizing for missing the previous council meeting due to prior commitments and reaffirmed his dedication to his role. He commended the extensive work being done at the homeless encampment, noting he visited the site both days and was impressed by the rapid progress. He gave special recognition to Chief Reyna, Officer Mendes, Officer Hogan, Commander Drum, Commander Melden, and the Public Works staff for their hard work, describing the scene as a coordinated and effective effort that garnered positive public feedback. He acknowledged the difficulty of the task and praised city leadership for making meaningful improvements. He also addressed ongoing discussions about food vendors, expressing support for temporary solutions while emphasizing the need for action over prolonged discussion. Lastly, he commended Council Member Lewis for her passionate advocacy during the One Voice trip to Washington, D.C., where she strongly pushed for public safety funding. Chavez noted he was on a different team focused on securing funding for the airport and rural roads, emphasizing how those efforts benefit the broader local economy. He concluded by encouraging continued progress.

DEBORAH LEWIS - DISTRICT 4: She began by recognizing and praising the Los Banos High School Marching Band and Guard, as well as the Creekside Junior High School band, for their continued excellence in the arts. She shared her personal connection to 36 performing arts from her time in high school and expressed pride in the youth of Los Banos for keeping music and the arts alive. She also publicly congratulated Superintendent Dr. Mark Marshall on his new position with Central Unified School District in Fresno, commending his accomplishments in Los Banos and wishing him success.

Council Member Lewis addressed resident concerns about bike lanes, particularly along Pacheco Boulevard, and noted the recent correction of road grates. She explained that Caltrans will be repaving Pacheco from near the city entrance to Volta Road and encouraged residents to attend public meetings to voice their input, as Caltrans has jurisdiction over the state highway. She also mentioned future city plans for circulation and bike routes, though not every street will be included. Regarding the homeless encampment, Lewis expressed appreciation for the tremendous work of city staff and noted the visible improvement since the cleanup began. She recounted visiting the site on day one and observed how quickly news spread throughout the community, resulting in many residents driving by to see the progress. She commended the efforts to not only provide shelter but also enforce standards for those living in the encampment, emphasizing the importance of dignity and accountability. She concluded by thanking the city manager and all staff involved in the project for their dedication and professionalism.

MICHAEL S. AMABILE - MAYOR: Shared that the election is scheduled for August 26th, and the City will be working to coordinate a candidate forum for the two candidates, both of whom are young women, something he sees as a positive sign of youth engagement in local government. He provided an update from the Merced County Association of Governments (MCAG), noting a $20 million project to repave Highways 165 and 152 through the City, which is much needed. He also mentioned that Caltrans plans to install a roundabout at Volta Road. Mayor Amabile gave a special thank you to Brent Kuhn for his efforts in keeping the City afloat over the past couple of years, particularly with his work on the Designated Land Authority. He closed by encouraging residents to get involved in City commissions, noting that four commission seats remain open and that community voices, whether in agreement or disagreement, are essential to improving city operations. He thanked staff and the public for their continued involvement and support.

ADJOURNMENT. The meeting was adjourned at 9.24 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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38 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JUNE 18, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:02 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Police Chief Reyna, Parks & Recreation Director Heim, Fire Chief Tualla, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that staff is requesting that item 6D - City Council Resolution No. 6944 - Authorizing Entering into a Lease Agreement Between the City of Los Banos and Fernando Escobedo BBA Escobedo and Sons, for the Purpose of Leasing Pasture Laned Located at the City of Los Banos Wastewater Treatment Facility for a Period of Five (5) Years in the Amount of $145,192.72 be removed from the consent agenda.

Motion by Lewis, seconded by Chavez to approve the agenda as amended with the removal of 6D - City Council Resolution No. 6944 - Authorizing Entering into a Lease Agreement Between the City of Los Banos and Fernando Escobedo BBA Escobedo and Sons, for the Purpose of Leasing Pasture Laned Located at the City of Los Banos Wastewater Treatment Facility for a Period of Five (5) Years in the Amount of $145,192.72. The motion carried by the affirmative action of all Council Members present.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. REFUGIO LLAMAS & MARIA PHILLIPS, addressed the Council regarding a community event to commemorate the 250th anniversary of the founding of the United States Marine Corps. Mr. Llamas introduced Ms. Phillips and expressed his pride in partnering with her and supporting the American Hero Initiative, a 39 nonprofit that provides grants to disabled veterans for critical home and auto repairs. He shared a historical overview of the Marine Corps' contributions in various conflicts, including WWII, the Korean War, and beyond, noting that Marines have always been ready to serve wherever the President sends them. Ms. Phillips thanked the Council for their support and announced a Marine Corps birthday dinner and dance to be held on November 8 at M&M Restaurant, which will include traditional ceremonial elements and a silent auction. Proceeds from the event will benefit the American Hero Initiative. She shared that the cause is very close to her heart, as both her husband and father are veterans. IVANI MOLE spoke to raise awareness about global humanitarian concerns and to criticize ongoing support for military action in Palestine. She expressed disappointment in the current leadership and claimed California is attempting to restrict freedom of speech regarding support for Palestine. She discussed systemic oppression and human rights violations, arguing that taxes are being used to fund acts of genocide.

Mole called for peace, encouraged the Los Banos community to boycott and divest from complicit institutions, and asked residents to fact-check and stay informed. She cited statistics regarding casualties and damage and urged everyone to take action to end the suffering. MARIA PHILLIPS commented on California Assembly Bill 84, expressing concern over its impact on homeschool families and small businesses. She explained that AB 84 would eliminate access to extracurricular services-such as arts and sports-funded through charter schools. She described how this would harm tutors, dance studios, and other service providers, using Tracy as an example. Ms. Phillips noted that Los Banos Unified School District does not currently allow homeschool students to participate in public school sports or arts programs, limiting opportunities even further.

She shared a personal story about homeschooling her daughter due to a serious autoimmune condition. Ms. Phillips announced that she will be meeting with Senator Caballero's office on June 23 to advocate against the bill and highlight its impact on the community. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that items 6C - City Council Resolution No. 6943 - Authorizing Amendments to the Fiscal Year 2024/2025 Budget Associated with the Pioneer Road Widening Project in the Amount of $202,602, Police Department Vehicle Purchases in the Amount of $184,366, Landscape & Lighting District 11 in the Amount of $225,000, and General Update Grant Reconciliation in the Amount of $12,000 and 6F - City Council Resolution No. 6946 - Accepting Public Improvements for Center Avenue (Pioneer Development Company, Inc.) be pulled from the agenda for discussion and separate vote. 6C - City Council Resolution No. 6943 - Authorizing Amendments to the Fiscal Year 2024/2025 Budget Associated with the Pioneer Road Widening Project in the Amount of $202,602, Police Department Vehicle Purchases in the Amount of $184,366, Landscape & Lighting District 11 in the Amount of $225,000, and General Update Grant Reconciliation in the Amount of $12,000. Councilmember Lewis raised questions about Landscape Lighting District (LLD) 11, noting efforts to backfill the district to prevent it from consistently running in the red. She asked why, in fiscal year 2022-23, a budget request for full reconciliation did not fully proceed and only a portion of funds was applied.

Financial Consultant Kuhn explained that as some LLDs began to improve financially, the city paused full transfers to avoid overburdening the general fund. Instead, partial funding 40 was budgeted the following year to move closer to normalizing the district's finances.

Currently, additional funds are needed to bring the district's balance back to zero, but overall this approach is saving the general fund money. Moving forward, the city plans to evaluate all LLDs based on levels of service to ensure spending aligns with available funding and avoid overspending. Parks & Recreation Director Heim added that while most districts are healthy, District 11 has been a challenge for years. Although revenues are trending upward due to increased tax income and development, they are still not sufficient to fully cover expenditures or address the longstanding deficit. Councilmember Lewis also shared her past work with the previous Public Works Director exploring amenities like aeration equipment to reduce heat and conserve water in parks. She suggested considering switching decorative electric lighting to solar power as a cost-saving measure. She emphasized the importance of finding innovative ways to reduce operational costs in high-expense districts like LLD 11. Overall, the district is trending toward financial stability, but the city will continue closely monitoring expenditures and pursuing cost-saving strategies to maintain sustainable service levels without further strain on the general fund.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6943 - Authorizing Amendments to the Fiscal Year 2024/2025 Budget Associated with the Pioneer Road Widening Project in the Amount of $202,602, Police Department Vehicle Purchases in the Amount of $184,366, Landscape & Lighting District 11 in the Amount of $225,000, and General Update Grant Reconciliation in the Amount of $12,000. The motion carried by the affirmative action of all Council Members present. 6F - City Council Resolution No. 6946 - Accepting Public Improvements for Center Avenue (Pioneer Development Company. Inc.). Council Member Lewis noted a discrepancy on the map shown on page 152. The map indicates that the entire section of Center Avenue-from Cardoza to the north and Pioneer to the south-has been repaved.

However, the member clarified for the record that a portion adjacent to a farming area southeast of the property has not been repaved. Interim City Manager Brizzee explained that the map actually depicts the public improvements related to the Center Avenue development, including landscaping, walls, and relocated PG&E poles, rather than full road repaving. The red outline on the map highlights these public improvements, which extend beyond the immediate development area. The member emphasized the need to note this in the record to avoid confusion or issues later, clarifying that the map does not represent the full repaving of the road but only the improvements associated with the development. No further questions were raised.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6946 - Accepting Public Improvements for Center Avenue (Pioneer Development Company, Inc.). The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Sanders to approve the consent agenda, as amended, as follows: Check Register for #252010 -#252183 in the Amount of $2,673,771.22; City Council Resolution No. 6938 - Authorizing the Interim City Manager to Execute a Professional Services Agreement between the City of Los Banos and CliftonLarsonAllen, LLP to Perform Professional Auditing Services for a Term of Three (3) Years with the 41 Right to Extend for Two (2) Additional Years in the Amounts not to Exceed Year 1 $73,555, Year 2 $79,950, Year 3 $76,350, Year 4 $77,750, Year 5 $79,250; City Council Resolution No. 694 3 Authorizing Amendments to the Fiscal Year 2024/2025 Budget Associated with the Pioneer Road V'lidening Project in the Amount of $202,602, Police Department Vehicle Purchases in the Amount of $184,366, Landscape & Lighting District 11 in the Amount of $225,000, and General Update Grant Reconciliation in the Amount of $12,000 (voted on separately); City Council Resolution No. 6944 Authorizing Entering into a Lease Agreement Between the City of Los Banos and Fernando Escobedo BBA Escobedo and Sons, for the Purpose of Leasing Pasture baned Located at the City of Los Banos 'Nastewater Treatment Facility for a Period of Five (5) Years in the Amount of $145,192.72 (removed from agenda); City Council Resolution No. 6945 - Accepting Grant Deed for a Variable-Width Water Line Easement Dedication of Approximately 9,064 Square Feet on Site at the Los Banos Unified School District Early Education Center and Authorizing the Interim City Manager to Execute All Required Documents for this Dedication; City Council Resolution No. 6946 Aceepting Publie Improvements for Center Avenue (Pioneer Development Company, Inc.) (voted on separately). The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

DEVELOPMENT AGREEMENT RELATIVE TO THE DEVELOPMENT KNOWN AS "VILLAGES AT STONECREEK IV", (2) MAKING CERTAIN FINDINGS RELATED THERETO, AND (3) AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY. (SECOND READING & ADOPTION). Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed.
• Motion by Chavez, seconded by Sanders to waive the second reading of Ordinance No. 1208 - (1) Approving Second Amendment to Development Agreement Relative to the Development Known as "Villages at Stonecreek IV", (2) Making Certain Findings Related Thereto, and (3) Authorizing the Mayor to Execute Said Amendment on Behalf of the City.

The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Sanders to adopt Ordinance No. 1208 - (1) Approving Second Amendment to Development Agreement Relative to the Development Known as "Villages at Stonecreek IV", (2) Making Certain Findings Related Thereto, and (3) Authorizing the Mayor to Execute Said Amendment on Behalf of the City. The motion carried by the following roll call vote: A YES: Chavez, Lewis, Sanders, Amabile; NOES:

None; ABSENT: None.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2025/2026 APPROPRIATION LIMITATION; CITY COUNCIL RESOLUTION NO. 6947 - SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR THE FY 2025/2026. Finance Director Moreno presented the staff report, which included a PowerPoint presentation. 42 Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 694 7 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the FY 2025/2026. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE FISCAL YEAR 2025-2026 BUDGET. Finance Director Moreno presented the staff report, which included a PowerPoint presentation, emphasizing that the municipal budget serves as both a financial blueprint and a policy document. It guides how the city funds public services while aligning with community goals and ensuring transparency and accountability. Since the last update on June 4, general fund revenue projections increased by $252,001, mainly due to an updated property tax estimate, which rose by

6.07%-the second highest increase in the county after the City of Merced. Total projected revenues now stand at approximately $27.54 million. On the expenditure side, estimated costs increased by $264,478, bringing total expenditures to about $27.52 million. Notable budget changes include personnel adjustments, increased funding for spay and neuter programs, code enforcement, homeless outreach, and contingency funds. The operating budget maintains a small surplus of around $15,143 and includes $822,000 in one-time expenditures. The city projects an unallocated general fund balance of $10.95 million by June 30, 2026, with assigned reserves representing roughly 30% ($8.17 million) of the budget. The plan supports 18 of 19 authorized new positions, reinforcing staffing in police, community development, public works, and facilities, with one position reclassified within public works. Minor adjustments were made to Measure H, Measure P, enterprise funds, internal service, and capital items, but no changes were made to capital projects beyond funding sources. The budget allocates nearly $2 million for public safety and homeless initiatives, $1.09 million for parks, and over $14 million for infrastructure improvements.

Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed.

Councilmember Lewis questioning the salary schedule related to the Public Works Director/City Engineer (PWD/CE) and City Engineer (CE) positions, noting the original intention to separate these roles. Interim City Manager Brizzee explained the reasoning behind keeping flexible options to attract qualified candidates with engineering licenses.

Human Resources Director Mallonee and Parks & Recreation Director Heim contributed to the discussion, emphasizing the need for multiple engineers to manage the city's growing workload and to reduce costs by limiting outside consultant use. Ms. Lewis shared her experience representing the city in Washington, D.C., where she was assigned public safety matters related to police and fire departments. She highlighted challenges the city faces in securing grants, especially compared to smaller cities elsewhere in the country. She noted the Fire Department must adhere to NFPA 171 O standards, which limit how residential structure fires are handled. Ms. Lewis expressed concern that while three battalion chiefs are allocated, only two are funded, and frequently 43 sees the Fire Chief actively fighting fires, which she feels detracts from administrative duties. She urged the council to reconsider funding the additional battalion chief position at midyear, especially with a new fire station opening soon. Ms. Lewis also addressed the Assistant City Manager (ACM) position, which is currently unfunded but still listed as approved for hiring. She expressed caution, recalling past issues where the position appeared on the budget without council discussion or justification. She requested that the ACM be removed from the approval list unless the City Manager returns with a clear rationale for the need. Councilmember Marcus asked if funding the ACM would require council approval, to which the Mayor confirmed. Deborah supported removing the ACM from the books and requiring justification before hiring, noting that in some cities ACMs oversee departments or projects, but that Los Banos is not currently at that stage. The Mayor then introduced City Treasurer Lucy Lawrence, who praised the proposed budget and congratulated the finance department for their work. The Mayor shared that this was his 25th government budget experience and called it the best budget he has ever approved. He highlighted its fiscal responsibility, strong reserves, investments in public safety and infrastructure, and commitment to transparency. He thanked city staff and residents for their support and emphasized that the budget positions Los Banos well for current and future needs.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6948 - Approving the 2025/2026 FY Budget, Including Updates to Division 4, Salary Schedule, Division - 13, Business and Travel Expenses of the Los Banos Policy & Procedures Manual. The motion carried by the affirmative action of all Council Members present.

ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROPOSED PROJECT LIST FOR FISCAL YEAR 2025/2026; CITY COUNCIL RESOLUTION NO. 6949 - ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025/2026 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation, and was an extensive update on the city's street maintenance and rehabilitation efforts, focusing on the annual Road Maintenance and Rehabilitation Account (RMRA) funded by SB1 and Measure V programs. He thanked Martha Brazil for her assistance in preparing the data. Joe explained that this year the city secured $1.3 million from SB1 and $2. 7 million from Measure V, with an additional $300,000 allocated from Measure V Alternative Transportation funds, mainly used for sidewalks and ADA-compliant corners. He highlighted key statistics: the city maintains 136 miles of streets, 5 miles of alleys, 272 miles of curb and gutter, and 262 miles of sidewalks. He reviewed past accomplishments, noting that internal staff primarily handles overlay work on cul-de-sacs and smaller street sections, while contracted work addressed larger street overlays last year totaling over $1.4 million. Looking ahead to fiscal year 2025-26, Joe outlined plans for $1.6 million in street overlays on six streets, with design work ongoing and construction expected in the fall. Phase two, involving about $2.2 million for additional streets, is set to begin design soon, with construction anticipated in spring 2026. He emphasized the importance of the Pavement Condition Index (PCI), noting the citywide average is 48, considered below ideal, compared to a similar city average of 76, signaling significant infrastructure needs.

He presented projections showing that fully addressing all poor-condition streets (PCI 24 and below) would cost approximately $23.4 million, highlighting the financial challenge 44 ahead. He noted that while current funding and reserves allow for continued investment, about $4 million planned this year, this level is not sustainable long-term without additional funding sources or grants, which the department is beginning to pursue. Additional topics included crack sealing, planned in phases and coordinated with weather and staff availability, and downtown alley repaving projects scheduled for bidding this winter and construction in spring. Joe also mentioned signage requirements related to Measure V and SB1 funding, noting MCAG provides signage to inform the public of tax dollar use on projects, with the recent Dos Palos bridge featuring a Measure V stamp.

There was Council Member and staff discussion regarding crack sealing versus chip sealing and sustainability of funding levels. Mr. Heim acknowledged that while maintenance efforts extend road life, ongoing expansion of the city and limited funding sources mean challenges remain. The Mayor noted the city has allocated significant funds for streets in the current and upcoming budget cycles in response to community priorities.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6949 - Adopting a List of Projects for Fiscal Year 2025/2026 Funded by SB 1: The Road Repair and Accountability Act of 2017. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF NOMINATION TO MERCED COUNTY ASSOCIATION OF

GOVERNMENTS (MCAG) MEASURE V CITIZENS OVERSIGHT COMMITTEE - Blanche Jorge. Motion by Amabile, seconded by Chavez to nominate Blanche Jorge to the MCAG Measure V Citizens Oversight Committee. The motion carried by the affirmative action of all Council Members present.

REPORT ON LEGAL AND ILLEGAL FIREWORKS REQUIREMENTS AND
ENFORCEMENT ACTIONS UNDER THE FIREWORKS ORDINANCE. Fire Chief Tualla presented the staff report, which included a PowerPoint presentation. The city allows the sale and use of "safe and sane" fireworks only, which are non-aerial and must bear the State Fire Marshal's logo. These fireworks are sold at nine designated booths from June 28 through July 4, with sales restricted to adults aged 18 and over. Safe and sane fireworks may be discharged only on private property between 9 a.m. and 10 p.m. from July 1 to July 4, and minors must be supervised by adults. Illegal fireworks, including aerial and commercial types without the proper seal, are prohibited, as is the discharge of any fireworks outside the allowed dates or in public areas without permits. Police Chief Reyna explained that enforcement will be zero tolerance with increased staffing, but drones will not be used due to FAA regulations and operational risks. Administrative fines, rather than criminal charges, are typically issued with a maximum fine of $1,250 per violation, which is a city ordinance violation.

Council Member Sanders asked about issuing citations based on video evidence; Police Chief Reyna clarified that citations require officers to witness the violation firsthand.

Reporting is best done through the city's dispatch center rather than social media or on line tips because staff cannot monitor those in real time or ask follow-up questions, although having an online reporting system with good publicity would be helpful. Councilmember 45 Lewis inquired about enforcement challenges, including how police identify offenders when residents stop fireworks use upon police arrival; Chief Reyna noted that police presence itself can deter violations, and follow-up enforcement is possible if sufficient information is available. Regarding situations where offenders are renters, Chief Reyna confirmed that enforcement targets the individuals responsible for the violation, although property owners can sometimes be held accountable under certain codes. Fire safety education continues through social media and pamphlets at fireworks booths to promote safe use and proper disposal. The report was informational only, with no action requested.

This was an information item only, not action taken.

CITY DEPARTMENT REPORTS. PARKS & RECREATION DIRECTOR HEIM reported that Shaughnessy Park is progressing with concrete forms in place, and the agricultural sports complex continues to advance with new sod on both fields. Work is also underway on pickleball courts. Heim noted they expect to bring the Colorado Ballpark project to the council on July 16. He reminded everyone that the Fourth of July event is scheduled for June 28. Heim also highlighted that Public Works is continuously busy with new projects, including work related to the homeless encampment and updates on lift stations. He thanked both Public Works and Parks & Recreation staff for their ongoing efforts. FIRE CHIEF TUALLA expressed gratitude for the council's support and emphasized the need to fund a third battalion chief position due to ongoing staffing challenges. He shared a recent example of a fire resulting in the loss of a home because of insufficient personnel and noted the department is dealing with overlapping calls, sometimes receiving multiple calls while still responding to existing emergencies. FINANCE DIRECTOR MORENO informed the public that City Hall will close early for staff training on June 19 from 4 to 5 p.m. She also reminded residents about the "Shop Smart, Shop Local" campaign aimed at keeping sales tax dollars within Los Banos to support local services and fund city projects. POLICE CHIEF REYNA reported on a vendor meeting held several weeks ago in response to community concerns about illegal vending activities near Los Banos in Merced County. He confirmed that Merced County enforcement is actively addressing those violations. Chief Reyna thanked the council for approving the budget, including extra staffing, which is greatly appreciated, and acknowledged Brent for his valuable partnership with the department.

CITY MANAGER REPORT. thanked the mayor and council for their support in passing the budget, emphasizing the goal of efficiently and effectively executing it in the new fiscal year. He acknowledged the months of work by staff, including Rosemary and Sarah, in preparing the budget. He highlighted an increase in the spay and neuter program funding from $8,000 to $50,000, aiming to better manage the city's pet population. He also provided an update on the animal shelter project, noting that the installation of a transformer and power upgrade is scheduled for June 30, which has been delayed but will allow progress on gate motors, fencing, and landscaping. The shelter now features taller fences, three fenced play areas with new landscaping and sprinklers, enhancing safety and appearance with room for future expansion. He thanked Police Chief Reyna and staff for their contributions to the project and concluded with a lighthearted remark about hoping the council focuses on setting vision while staff executes the budget.

CITY COUNCIL MEMBER REPORTS:
46 EVAN SANDERS-DISTRICT 2: Expressed appreciation for the budget, noting it's their first but feels it sets a high standard for future years. He praised the improvements in the homeless encampment, highlighting that it looks much better than expected even weeks after setup and commended the city's communication regarding street repairs, appreciating the detailed report and responsiveness to public concerns. Congratulations were given to Bradley Roland and Alex Valdez for graduating from the Stanislaus County Sheriffs Department Core Academy, with a personal note about Bradley being their stepson. He requested a follow-up discussion after the Fourth of July to review fireworks enforcement and consider improvements for next year, expressing a personal view that all fireworks should be illegal in town and closed by thanking city staff for their ongoing hard work.

MARCUS CHAVEZ - DISTRICT 3: Thanked Chiefs Reyna and Tualla, Interim City Manager Brizzee and Mr. Heim from Public Works and others involved with recent encampment efforts. He acknowledged that while these actions are not a complete solution, they represent progress, particularly in redirecting water away from the rail trail to improve that area. On the topic of the city budget, he expressed appreciation for everyone involved and emphasized the importance of continued work on road maintenance, agreeing with other councilmembers on its priority. He also discussed the need to plan for future growth, referencing a recent meeting with Chief Tualla and others.

He highlighted the potential for implementing inspection fees, noting that many services are currently provided at no cost. Mr. Chavez stressed the importance of preparing now to support city growth, including the eventual addition of a third battalion chief, as mentioned by Ms. Lewis. He expressed enthusiasm about the progress on the Deborah Lewis parking lot, thanking Mr. Brizzee for his work. He then shifted focus to recurring community complaints about loud music. He noted that since joining the council, residents have approached him about ongoing disturbances and questioned whether current ordinances are effective. He proposed exploring stronger deterrents to avoid wasting police resources on repeat calls. In response, the Police Chief confirmed that the city has a noise ordinance allowing citations after repeated responses, including the next day.

However, he explained that staffing limitations, especially on weekend, can affect response times, as higher-priority calls take precedence. Chavez concluded by suggesting the city revisit existing noise policies to determine if they are strong enough to reduce unnecessary strain on public safety resources.

DEBORAH LEWIS - DISTRICT 4: Expressed gratitude to Mayor and Councilmember Chavez for naming the new parking lot after her. She shared her appreciation upon seeing the completed lot and thanked city staff and the city manager for making it happen. She noted that the new lot would improve safety and accessibility for both residents and city staff. She reported on the upcoming Air Board meeting and previewed a state-funded program administered through Valley CAN that provides financial assistance for vehicle repairs, smog checks, or purchasing new or used vehicles. She noted that low-income residents are eligible for greater assistance, including support for electric or hybrid vehicle purchases. The program is receiving $9 million in funding this year, and she encouraged the public to visit valleyair.org for more information. Regarding the animal shelter, Councilmember Lewis suggested implementing a reminder system, potentially supported by volunteers, to notify pet owners when it's time to renew their animal licenses. She 47 highlighted this as a way to maintain better tracking and compliance, particularly concerning required rabies vaccinations. She also thanked city staff for their clear and helpful budget presentation and mentioned how responsive staff were in addressing her follow-up questions, particularly around road funding. She emphasized that street conditions are a common complaint across cities and expressed satisfaction that the city is making progress in addressing road maintenance issues. She addressed illegal fireworks, noting that the city should consider increasing its fines, as the statewide maximum is currently around $2,300. She hopes that by next year, the city will be better positioned to enforce and collect higher penalties for violations.

DISTRICT 1: Vacant
MICHAEL S. AMABILE - MAYOR: Reported on a recent MCAG meeting, where homelessness across Merced County was discussed. They highlighted a positive trend, noting a 28% decline in homelessness in Los Banos and praised ongoing efforts, including the upcoming One Tree Project. He also mentioned their role on the board of Peninsula Clean Energy, the energy provider for Los Banos. Currently, the generation portion of residents' electricity bills is 10% lower than PG&E rates, and that discount is expected to continue into the next year. He noted a national 35% drop in the cost of generating power, which is helping maintain lower rates. However, PG&E plans to raise rates despite this decline. He shared that Peninsula Clean Energy will soon undergo a rebranding to adopt a more inclusive name, reflecting its expansion beyond the Peninsula to other parts of Northern California, including Los Banos. He expressed appreciation for the community's positive feedback regarding recent progress at the encampment site.

Acknowledging the collaborative work involved, they emphasized that more improvements are forthcoming, with council and staff expected to take further action in the coming months to continue addressing the issue with compassion. He concluded by reminding the public that the next council meeting is scheduled for July 16th, due to the July 4th holiday, and expressed appreciation to those attending both in person and on line.

ADJOURNMENT. The meeting was adjourned at 8:23 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
48 TO:

FROM:

DATE:

LOsBanos
Al rl1 Crossroads of California
Agenda Staff Report
Mayor Amabile and City Council Members
Minerva Moreno, Finance Director
July 16, 2025 ~~
SUBJECT: GANN Limit -Auditor's Report
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that Council adopt a Resolution accepting the Independent Accountant's Report on Applying Agreed-Upon Procedures Article XIII B Appropriations Limit prepared by Price Paige & Company, the City's independent auditors for fiscal year ending June 30, 2024.

Background:

The Gann Limit, established by Proposition 4 in 1979 (Article XIII B of the California Constitution), restricts the amount of tax proceeds that state and local governments, including school districts, can legally spend. The goal is to keep inflation-adjusted per-person government spending at or below 1978-79 levels. The limit does not apply to all funds, only to "proceeds of taxes," excluding things like service charges, fees, grants, and donations.

Calculating the Gann Limit:
• The limit is adjusted annually by multiplying the prior year's limit by a growth factor. • This growth factor incorporates:
a Cost of living factor (price): Based on the annual change in per capita personal income for the State of California.
a Population growth: Using the change in population for the local jurisdiction. • Local jurisdictions can choose between using the statewide cost of living change or the change in non-residential assessed valuation for the price factor, and between citywide or countywide population change for the population factor. 49 ITEM 8C
Local governments must formally adopt their appropriations limit for each fiscal year. The adopted limit is included in the development of the tentative budget.

For Fiscal Year 2023-2024, the GANN Limit was brought to City Council June 7, 2023 to receive public comment; then on June 21, 2023 for adoption by resolution.

Discussion:

The City of Los Banos engaged Price Paige & Company (Price Paige), the City's independent auditing firm for the fiscal year ending June 30, 2024, to perform agreed-upon procedures related to the calculation of the City's GANN Appropriations Limit.

Price Paige conducted the specified procedures to recomputate the GANN Limit for the fiscal year ending June 30, 2024, and reported that no exceptions were noted as a result of their work.

Fiscal Impact:

There is no fiscal impact.

Reviewed by:

Attachments:

Resolution
Letter - Independent Accountant's Report on Applying Agreed-Upon Procedures Article XIIIB Appropriations Limit
50 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING THE
2023/2024 FISCAL YEAR AUDIT REPORTS

INDEPENDENT ACCOUNTANT'S REPORT ON

APPL YING AGREED-UPON PROCEDURES
ARTICLE XIIIB APPROPRIATION LIMITS.

WHEREAS, the City of Los Banos retained the independent auditing firm Price Paige & Company to perform agreed-upon procedures related to the calculation of the City's GANN Appropriations Limit; and WHEREAS, Price Paige & Company has completed its recomputation of the GANN Appropriations Limit for Fiscal Year 2023-2024 and reported that no exceptions were noted; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby accepts the Independent Accountant's Report on Applying Agreed-Upon Procedures for Article XIII B Appropriations Limit, as prepared and submitted by Price Paige & Company.

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

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
51 i1 PRICE PAIGE & COMPANY
Certifi~d Public Accountants
The Place to Be

CITY OF LOS BANOS

INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES

ARTICLE XIIIB APPROPRIATIONS LIMIT
To the Honorable Mayor and
Members of the City Council
City of Los Banos, California
We have performed the procedures enumerated below on the GANN Appropriations Limit of the City of Los Banos (the City) for the year ended June 30, 2024. The City Council and management (the specified parties) are responsible for the Appropriations Limit (GANN) schedule.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of the recomputation of the 2023-2024 GANN Appropriations Limit. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are as follows:
1) Obtain the Appropriations Limit Worksheet and determine that the 2023-24 Appropriations Limit of $121,861,461 and annual adjustment factors were adopted by Resolution of the City Council. Determine that the City population and inflation options were selected by a recorded vote of the City Council.

Finding: No exceptions were noted as a result of our procedures. 2) Recompute the 2023-24 Current Appropriations Limit by multiplying the 2022-23 Prior Year Appropriations Limit by the Total Growth Factor.

Finding: No exceptions were noted as a result of our procedures. 3) For the Appropriations Limit Worksheet, agree the Per Capita Income, City Population and County Population Factors to the California State Department of Finance Worksheets.

Finding: No exceptions were noted as a result of our procedures.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the A/CPA. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Appropriations Limit (GANN) schedule. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the specified parties and is not intended to be and should not be used by anyone other than those specified parties. However, this report is a matter of public record and its distribution is not limited.

Clovis, California
June 30, 2025
570 N. Magnolia Avenue, Suite I 00
Clovis, CA 936 1 I
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
52 LOsBanos
At th Crossroads oj C,difornia
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM:

DATE:

Minerva Moreno, Finance Director
July 16, 2025 1 /
SUBJECT: Fiscal Year 2016-2017 Transportation Development Act Funds TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that Council adopt a Resolution accepting the 2016-2017 Transportation Development Act Funds Financial Statement prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) auditors.

Background:

The Transportation Development Act (TDA) is a California state law enacted in 1971 . TDA funds are generated from a one-quarter of one percent sales tax on all retail transactions within each county. These funds are designated to support public transit, specialized transit services for individuals with disabilities, and bicycle and pedestrian infrastructure.

TDA revenues are collected by the State and allocated by the Merced County Association of Governments (MCAG) to support local transit operations and related programs. In non-urban areas, and under specific conditions, TDA funds may also be used for streets and roads.

As the designated Regional Transportation Planning Agency (RTPA), the MCAG Governing Board oversees the distribution of these funds. Each year, the Board approves the apportionment schedule for Local Transportation Fund (L TF) monies through a formal resolution.

The City of Los Banos is an annual recipient of TDA funding to support its transportation services and infrastructure.
53 ITEM 8D
Discussion:

As a recipient of Transportation Development Act (TOA) funds-including Local Transportation Fund (L TF) and State Transit Assistance (STA) allocations-the City is required by State statute to undergo an independent financial audit. MCAG, as the regional funder responsible for passing through these funds to each jurisdiction in the County, is also expected to provide oversight to ensure compliance with these audit requirements.

For the fiscal year ending June 30, 2017, the City of Los Banos fulfilled this requirement in coordination with Price Paige & Company (Price Paige), who conducted and finalized the Financial Report. The audit concluded with no reported risks or findings. To address a misstatement, management recorded an adjusting entry to resolve a timing discrepancy associated with fourth-quarter revenue recognition in the amount of $96,406.

However, it is important to acknowledge that both MCAG and the City did not meet their respective obligations to initiate and complete the audit process in a timely manner for 2017-2024.

To address this gap, MCAG has since taken a more proactive role. Although audit compliance is traditionally the responsibility of each individual city, MCAG has contracted with Price Paige to conduct audits for all jurisdictions in the County from fiscal year 2017 through 2024-and potentially beyond. This coordinated effort is intended to ensure that all audit requirements are met moving forward and that every entity is brought current with their statutory obligations. As each financial report is finalized and received, the Finance Department will present them to Council for acceptance.

Fiscal Impact:

There is no fiscal impact to the City, as MCAG will be covering all costs associated with these audits.

Reviewed by:
6 ' u/
Gary Bnzz~ erim City Manager
Attachments:

Resolution
Transportation Development Act Funds Financial Statements ending June 30, 2017 54 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING THE 2016-
2017 TRANSPORTATION DEVELOPMENT ACT
FUNDS FINANCIAL STATEMENT.

WHEREAS, the City of Los Banos collaborated with the Merced County Association of Governments and its designated auditing firm, Price Paige & Company, to conduct an audit of Transportation Development Act (TOA) funds received for the fiscal year ending June 30, 2017; and
WHEREAS, Price Paige & Company has completed the audit and reported no findings or areas of concern; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby accepts the Transportation Development Act Funds Financial Statement for Fiscal Year 2016-2017, as presented by Price Paige & Company.

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

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
55 PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
July 3, 2025
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited the financial statements of Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City) for the year ended June 30, 2017.

Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter. Professional standards also require that we communicate to you the following information related to our audit.

Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management of the City (Management) is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2017. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. We are not aware of any significant estimates for the fiscal year ended June 30, 2017.

The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The attached material misstatement detected as a result of audit procedures was corrected by management.
570 N.Magnolia Avenue,Suite 100
Clovis, CA 93611
www.ppc.cpa
te/ 559.299.9540
fax 559.299.2344
56 Disagreements L,\lith Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report.

We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from management that are included in the management representation letter.

Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

In our audit engagement letter previously provided to you, we communicated the following significant risks of material misstatement (significant risks) as part of our audit planning:
• Management override of controls
• Improper revenue recognition due to fraud.
• Improperly recognizing revenue in accordance with generally accepted accounting principles .

These risks were addressed within our audit procedures and we have no findings to report related to these risks.

Restriction on Use
This information is intended solely for the information and use of the City Council, management of the City and the Board of Directors of Merced County Association of Governments and is not intended to be, and should not be, used by anyone other than these specified parties.

Very truly yours,
,~ ?~ i ~
57 Client:

Engagement:

Current Period:

Workpaper:

Account
AJEOl
To record 4th quarter revenue
220-000-126-000
220-000-335-010
Total

GRAND TOTAL

MCAG TDA FUND
06-30-2017 City of Los Banos
06/30/2017
Adjusting Journal Entries
Description
Intergovernmental Receivable
Local Trans Funds
Workpaper
Reference
RE200

Page 1 of 1 ends

Debit
97,406.00

0.00 97,406.00
97,406.00
Credit

0.00 97,406.00
97,406.00
97,406.00
Net Income Effect
97,406.00
97,406.00
Workpap
er ID
6/9/2025
58 Transportation Development Act Funds
Non-Transit Operations
City of Los Banos I CA
Financial Statements
For the Year Ended June 30, 2017

PRICE PAIGE & COMPANY
Certified Public Accountants
59 TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2017
Financial Statements

TABLE OF CONTENTS
PAGE
Independent Auditor's Report ............................................................................................................................................ 1 Financial Statements:

Article 8 Streets and Roads:

Balance Sheet ............................................................................................................................................................. ... 4 Statements of Revenues, Expenditures and Changes in Fund Balance ......................................................................... 5 Notes to the Financial Statements ....................................................................................................................................... 7 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and the Rules and Regulations of the Transportation Development Act ................................................................................................ 9 Findings and Questioned Costs:

Schedule of Findings and Questioned Costs ...................................................................................................................... 12 Summary Schedule of Prior Audit Findings ........................................................................................................................ 13 60 PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be

INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
Merced County Association of Governments
Merced, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TOA Funds) of the City of Los Banos, California (the City), as of and for the year ended June 30, 2017, and the related notes to the financial statements, which collectively comprise the TOA Funds of the City's financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the TDA Funds of the City, as of June 30, 2017, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Emphasis of Matter
As discussed in Note 1, the financial statements of the TOA Funds of the City are intended to present the financial position and the changes in financial position of only that portion of the TOA Funds of the City that is attributable to the transactions related to the Merced County Association of Governments' pass-through TOA Funds. They do not purport to, and do not present fairly the financial position of the City as of June 30, 2017, or the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control as it relates to TOA Funds. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Required Supplementary Information
Management has omitted the management's discussion and analysis and budgetary comparison information that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated July 3, 2025, on our consideration of the City's internal control over financial reporting as it relates to the TOA Funds, and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance as it relates to the TOA Funds.

Clovis, California
July 3, 2025
2 62

FINANCIAL STATEMENTS
3 63

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2017
Article 8 Streets and Roads
Balance Sheet
ASSETS
Cash and investments
Intergovernmental Receivable
Interest Receivable
Total assets

LIABILITIES

FUND BALANCE
Restricted
Total fund balance
Total liabilities and fund balance
2017
$ 292,495
97,406
384
$ 390,285
$
390,285
390,285
$ 390,28S
The notes to the financial statements are an integral part of this statement. 4 64

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2017
Article 8 Streets and Roads
Statements of Revi:nues, Expenditures and Chi,rnges in Fund Balance

REVENUES
Intergovernmental allocations
Interest revenue
Total revenues

EXPENDITURES
Net change in fund balance
Fund balance - beginning
Fund balance - ending
2017
$ 389,623
662
390,285
390,285
$ 390,285
The notes to the financial statements are an integral part of this statement. 5 65

NOTES TO THE FINANCIAL STATEMENTS
6 66

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2017
Notes to the Financial Statements
NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City) have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The financial statements presented are only from the accounts and financial transactions of the TDA Funds of the City. Accordingly, they do not present the financial position or the results of operations of the City. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The City's significant accounting policies are described below.

A. Basis of Accounting
The City uses fund accounting to report on its financial position and the results of its operations. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities.

The operations of the TDA Funds of the City are accounted for in a separate set of self-balancing accounts that comprise the funds' assets, liabilities, fund balance, revenues and expenditures.

The TDA Funds allocated for non-transit operations purposes are accounted for in the City's Local Transportation Fund, a special revenue fund type within the governmental category using the modified accrual basis of accounting whereby revenues are recognized when they become measurable and available, and expenditures are recognized when the liabilities are incurred.

Intergovernmental revenues (primarily grants and subventions), which are received as reimbursement for specific purposes or projects, are recognized based upon the expenditures recorded. Intergovernmental revenues, which are usually unrestricted as to use are revocable only for failure to meet prescribed compliance requirements, and are reflected as revenues at the time of receipt or earlier, if they meet the availability criterion.

B. Fund Balance Classification
The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows:

Nonspendable - Amounts cannot be spent either because they are in nonspendable form (such as inventory or prepaid expense, and long-term loans and notes receivable) or because they are legally or contractually required to be maintained intact (such as principal of a permanent fund).

Restricted - Amounts with external constraints placed on the use of these resources (such as debt covenants, granters, contributors, or laws or regulations of other governments, etc.) or imposed by law through constitutional provisions or enabling legislation.

Committed - Amounts that can only be used for specific purposes pursuant to constraints imposed by City Council, the City's highest level of decision-making authority, through an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified uses through the same type of formal action taken to establish the commitment. 7 67

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2017
Notes to the Financial Statements
NOTE !-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Fund Balance Classification (Continued)
Assigned - Amounts that do not meet the criteria to be classified as restricted or committed but that are intended to be used for specific purposes. Intent is expressed by the City Council or its designee and may be changed at the discretion of the City Council or its designee. For all governmental funds other than the General Fund, any remaining positive amounts not classified as nonspendable, restricted or committed must be designated as assigned fund balance.

Unassigned - This classification includes amounts that have not been assigned to other funds or restricted, committed or assigned to a specific purpose within the City.

The City would typically use restricted fund balances first, followed by committed resources, and then assigned resources, as appropriate opportunities arise, but reserves the right to selectively spend unassigned resources first to deter the use of these other classified funds.

NOTE 2 - CASH AND INVESTMENTS
Cash is pooled with the City's cash and investments. Income from the investment of pooled cash is allocated based upon the actual balance of the fund as a percentage of the total pooled cash balance. The City values all of its cash and investments at fair value on a portfolio basis. The City manages its pooled idle cash and investments under a formal investment policy that is adopted and reviewed by the City, and that follows the guidelines of the State of California Government Code.

City-wide information concerning cash and investments for the year ended June 30, 2017, including authorized investments, custodial credit risk and interest rate risk for debt securities and concentration of investments, carrying amount and market value of deposits and investments, may be found in the notes of the City's annual financial report. 8 68

PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be

INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AND THE

RULES AND REGULATIONS OF THE TRANSPORTATION DEVELOPMENT ACT To the Board of Directors
Merced County Association of Governments
Merced, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City), as of and for the year ended June 30, 2017, and the related notes to the financial statements, which collectively comprise the City's TDA Funds financial statements, and have issued our report thereon dated July 3, 2025.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control), as it relates to the TDA Funds, as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weokness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the TOA Funds of the City's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. 9 S 70 N. Magnolia Avenue, Suite I 00
Clovis, CA 93611
www.ppc.cpa
tel 5S9.299.9540
fax 559.299.2344
69 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TOA Funds of the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. Our audit was further made to determine that TOA Funds allocated to and received by the City were expended in conformance with applicable statutes, rules and regulations of the Transportation Development Act and the allocation instructions and resolutions of the Merced County Association of Governments as required by Sections 6666 and 6667 of Title 21 of the California Code of Regulations. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards or the Rules and Regulations of the Transportation Development Act.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance as it related to the TOA Funds. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Clovis, California
July 3, 2025
10 70

FINDINGS AND QUESTIONED COSTS
11 71

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2017
Schedule of Findings and Questioned Costs

SECTION I-SUMMARY OF AUDITOR'S RESULTS
Financial Statements
Type of auditor's report issued:

Internal control over financial reporting:

Material weaknesses identified?
Significant deficiencies identified that
are not considered to be material weaknesses?
Noncompliance material to financial statements noted?

SECTION II - FINANCIAL STATEMENT FINDINGS
None reported.

Unmodified
-----
-----
-----
12 Yes X No -----
Yes ___ X__ Nonereported
Yes X No ---- -
72 TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2017
Summary Schedule of Prior Audit Findings

FINANCIAL STATEMENT FINDINGS
None reported.
13 73
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING THE 2016-
2017 TRANSPORTATION DEVELOPMENT ACT
FUNDS FINANCIAL STATEMENT.

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
74 LOsBanos
At th,· Crossroads of Calijornia
Agenda Staff Report
TO:

FROM:

Mayor Amabile and City Council Members
Minerva Moreno, Finance Director
DATE: July 16, 2025 ~
SUBJECT: Abandoned Vehicle Abatement Fiscal Year 2022-2023 and 2023-2024 TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that Council adopt a Resolution accepting the Independent Auditor's Report and Financial Statements for the Abandoned Vehicle Abatement (AVA) Program for Fiscal Years 2022-2023 and 2023-2024 prepared by Price Paige & Company, the City's independent auditors.

Background:

The Abandoned Vehicle Abatement Program (the Program) is a statewide initiative administered by the California Highway Patrol (CHP). The City of Los Banos operates its local vehicle abatement program in accordance with Section 22710 of the California Vehicle Code, Los Banos City Council Resolution No. 5049, and the Merced County Abandoned Vehicle Service Authority Plan.

Section 9250.7 of the Vehicle Code establishes the funding mechanism for county-based Service Authorities (the Authority) to support the abatement of abandoned vehicles, pursuant to Section 22710. A $1 service fee is imposed on each vehicle registered to an owner with an address in a county that has established an Authority. This fee is collected by the Department of Motor Vehicles (OMV) at the time of initial registration or renewal.

The Authority, as established under Section 22710, allocates Program funds to participating agencies based on the distribution formulas outlined in the Vehicle Abatement Services Agreement.

The revenues and expenditures associated with the Program are managed in accordance with applicable state and local guidelines to ensure the effective and accountable removal 75 ITEM 8E
of abandoned vehicles. The revenues and costs of the Program are included in the Public Safety Special Revenue Fund of the City's basic financial statements.

Discussion:

The City's AVA Financial Statement was prepared in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the ·united States. The attached Financial Statement has received clean, opinion from our independent auditors, Price Paige & Company. An unmodified report communicates that the audited information within, fairly present the City's revenues and cost of the AVA Program for the fiscal year ending June 30, 2024 and 2023.

Furthermore, in accordance with Government Auditing Standards, the City's review of internal controls over financial reporting related to the Abandoned Vehicle Abatement (AVA) Program did not identify any deficiencies considered to be material weaknesses.

The Independent Auditor's Report and Financial Statements for the Abandoned Vehicle Abatement (AVA) Program for Fiscal Years 2022-2023 and 2023-2024 is available for review in the Finance Department located at City Hall.

Fiscal Impact:

There is no immediate financial impact or budget action necessary as a result of the recommended action.

Reviewed by:

Attachments:

Resolution
Independent Auditor's Report and Financial Statements for the Abandoned Vehicle Abatement (AVA) Program for Fiscal Years 2022-2023 and 2023-2024 76 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS ACCEPTING THE INDEPENDENT AUDITOR'S REPORT

AND FINANCIAL STATEMENTS FOR THE ABANDONED
VEHICLE ABATEMENT PROGRAM FOR FISCAL YEARS 2022-
2023 AND 2023-2024.

WHEREAS, the City of Los Banos is required to undergo fiscal audit performed by an independent auditor of the City's Abandoned Vehicle Abatement Program; and
WHEREAS, the auditing firm of Price Paige & Company has completed the audit and reported no findings or areas of concern; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby accept the Independent Auditor's Report and Financial Statements for the Abandoned Vehicle Abatement (AVA) Program for Fiscal Years 2022-2023 and 2023-2024, as prepared by Price Paige & Company, the City's independent auditors.

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

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
77 CITY OF LOS BANOS

ABANDONED VEHICLE ABATEMENT PROGRAM

INDEPENDENT AUDITOR'S REPORT

AND FINANCIAL STATEMENTS

FOR THE YEARS ENDED
JUNE 30, 2024 AND 2023
78 CITY OF LOS BANOS

ABANDONED VEHICLE ABATEMENT PROGRAM

FOR THE YEARS ENDED
JUNE 30, 2024 AND 2023

TABLE OF CONTENTS
Page
Independent Auditor's Report .. ......... ...... .... ............. ..... ... .... .... .. .... ... ......... ... .................. .. ....................... 1 Financial Statements:

Statements of Revenues and Costs ....................................... .......................... .. .................................. .... .. .4 Notes to the Financial Statements .................. .......................................... .. ................. .. .. .................... ........ 5 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and the AVA Program Handbook ............... ............................... .. ... 6 79 Iii PRICE PAIGE & COMPANY
Certified Public Accountarrts
The Place to Be

INDEPENDENT AUDITOR'S REPORT
To the Honorable Members of the City Council
City of Los Banos, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying statements of revenues and costs (financial statements), of the City of Los Banos, California (the City), Abandoned Vehicle Abatement Program (the Program) as of and for the years ended June 30, 2024 and 2023, and the related notes to the financial statements. as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the revenues and costs of the Program of the City, as of June 30, 2024 and 2023 for the years then ended in accordance with the cash basis of accounting as described in Note 1.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Emphasis of Matters
We draw attention to Note 1 of the financial statements, which describes the basis of accounting. The financial statements are prepared on the cash basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with the cash basis of accounting as described in Note 1; and for determining that the cash basis of accounting is an acceptable basis for the preparation of the financial statements in the circumstances. Management is also responsible for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Program's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
1 570 N. Magnolia Avenue, Suite 100
Clovis, CA 9361 I
www.ppc.cpa
tel 559.299. 9540
fax 559.299.2344
80 Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control as it relates to the Program. Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Program's ability to continue as a going concern for a reasonable period of time.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated June 30, 2025, on our consideration of the City's internal control over financial reporting as it relates to the Program, and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters as it relates to the Program. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance as it relates to the Program. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance as it relates to the Program.

Clovis, California
June 30, 2025
2 81

FINANCIAL ST A TEMENTS
3 82

CITY OF LOS BANOS

ABANDONED VEHICLE ABATEMENT PROGRAM

STATEMENTS OF REVENUES AND COSTS
FOR THE YEARS ENDED JUNE 30, 2024 AND 2023
2024
Revenues received:

Registration fees $ 88,984 $
Total revenues 88,984
Costs disbursed:

Personnel 92,405
Services and supplies 16,781
Total costs disbursed 109,186
Net changes in fund balance (20,202)
Fund balance - beginning 3,546
Fund balance - ending $ p 6,656~ $
The accompanying notes are an integral part of this statement. 4 2023
74,569
74,569
64,997
10,980
75,977
(1,408)
4,954
3,546
83 CITY OF LOS BANOS

ABANDONED VEHICLE ABATEMENT PROGRAM

NOTES TO THE FINANCIAL STATEMENTS
JUNE 30, 2024 AND 2023
NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES
Description of Reporting Entity
The Abandoned Vehicle Abatement Program (the Program) is a statewide program administered by the California Highway Patrol (CHP). The City administers and operates the local vehicle abatement program pursuant to Section 22710 of the Vehicle Code, Los Banos City Council Resolution 5049, and the Merced County Abandoned Vehicle Service Authority Plan. Section 9250.7 of the Vehicle Code establishes the funding sourced for the abatement of abandoned vehicles by a county-based Service Authority (the Authority), pursuant to the provisions of Section 22710 of the Vehicle Code. The Vehicle Code imposes a service fee of one dollar ($1) on vehicles registered to an owner with an address in the county that established the Authority. This fee is paid to the Department of Motor Vehicles (OMV) at the time of registration or renewal of registration. The OMV, after deducting its administrative costs, at least quarterly transmits the net amount collected to the State Controller's Office (SCO) for deposit in the Abandoned Vehicle Trust Fund. All money in the fund is continuously appropriated to the SCO for allocation to an Authority that has an approved Program pursuant to Section 22710 of the Vehicle Code, and for payment of the administrative costs of the SCO. The Authority, established pursuant to Vehicle Code Section 22710, distributes Program funds to participating entities based on the allocations determined in the Vehicle Abatement Services Agreement. The revenues and costs of the Program are included in the Public Safety Special Revenue Fund of the City's basic financial statements.

The accompanying financial statement is for the Abandoned Vehicle Abatement Program only and is not intended to fairly present the financial position of the City of Los Banos or the results of its operations.

Financial Statement Presentation and Basis of Accounting The financial statement is prepared on the cash basis of accounting as prescribed by the CHP and AVA Program Handbook. The financial statement presents the information requested by the CHP and, therefore, does not purport to reflect results of operations in accordance with accounting principles generally accepted in the United States of America. The financial statement for the Program is prepared on the cash basis of accounting in which revenue is recognized when distributions are received, and costs are recognized as disbursed and claimed in accordance with AVA Program Guidelines. 5 84
Iii PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be

INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED

ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS AND THE AVA PROGRAM HANDBOOK To the Honorable Members of the City Council
City of Los Banos, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and certain provisions of the AVA Program Handbook, the statements of revenues and costs of the City of Los Banos, California (the City), Abandoned Vehicle Abatement Program (the Program), as of and for the years ended June 30, 2024 and 2023, and the related notes to the financial statements, which collectively comprise the Program's financial statements, and have issued our report thereon dated June 30, 2025.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as it relates to the Program, as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. 6 570 N. Magnolia Avenue, Suite I 00
Clovis, CA 9361 I
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
85 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Program's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. Our audit included tests of compliance with provisions of the AVA Program Handbook. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance as it relates to the Program. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance as it relates to the Program. Accordingly, this communication is not suitable for any other purpose.

Clovis, California
June 30, 2025
7 86
LOsBanos
TO:

FROM:

DATE:
t th
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Director -P
July 16, 2025
TYPE OF REPORT: Consent
Ii , nia
SUBJECT: Third Amendment to Lease Agreement between the City of Los Banos and Marlene Pennington for the Ranchwood Park Facility located at 515 Stonewood Drive for the purpose of providing Pre-School and Child Care Services
Recommendation:

That the City Council adopt the Resolution authorizing the Interim City Manager to execute a Third Amendment to Lease Agreement with Marlene Pennington for the Ranchwood Park Facility located at 515 Stonewood Drive for the purpose of providing pre-school and child care services.

Background:

Marlene Pennington, of Pennington's Little Friends, contacted the City of Los Banos Public Works Department, inquiring on entering into a Third Amendment to the current Lease Agreement for the continual rental of the Ranchwood Park Facility for her child care business.

The current five year Lease Agreement, as amended by a Second Amendment, ended on May 31, 2025, and she would like the lease to be extended for an additional two years. Ms. Pennington has been in business providing child care for over 43 years in Los Banos.

Discussion:

A Third Amendment to Lease Agreement between the City of Los Banos and Marlene Pennington for the leasing of the Ranchwood Park Facility located at 515 Stonewood 87 ITEM 8F
Drive for the purpose of providing pre-school and child care services has been prepared by the City Attorney of the City of Los Banos for the Council's review and adoption, if so deemed. The following are the main points of the Third Amendment to Lease Agreement:
1) The term of the Third Amendment to Lease Agreement will be two years, commencing on August 1, 2025.
2) The lease rent will be $2,500.00 per month for the first year, to be increased to $2,600.00 per month for the second year.
3) All terms and conditions of the original Lease Agreement remain in full force and effect except as expressly amended by the Third Amendment to Lease Agreement.
4) All required licenses, permits, or other governmental authorization are to be provided and maintained by the Lessee for the intended purpose, as stated in the Lease Agreement.
5) The Lessee shall, at its own cost and expense, procure and maintain public liability insurance and premise damage insurance, as stated in the Lease Agreement.

The total revenue generated by the Third Amendment will be $61,200.00 Fiscal Impact:
$61,200.00 will be received into the General Fund as a result of this two year Third Amendment to Lease Agreement.

Reviewed by:

G~ lnterim City Manager
Attachments:

Resolution
Third Amendment to Lease Agreement
Second Amendment to Lease Agreement
First Amendment to Lease Agreement
Lease Agreement
MihervM' Moreno, Finance Director
88 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING ENTERING

INTO A THIRD AMENDMENT TO LEASE

AGREEMENT BETWEEN THE CITY OF LOS

BANOS AND MARLENE PENNINGTON FOR

RENTAL OF THE RANCHWOOD PARK FACILITY
WHEREAS, Marlene Pennington has requested the City of Los Banos enter into a Third Amendment To Lease Agreement for rental of the Ranchwood Park Facility for child care use; and
WHEREAS, the term of the Third Amendment To Lease Agreement is two years, commencing on August 1, 2025 and ending on July 31, 2027; and WHEREAS, commencing on August 1, 2025, Marlene Pennington agrees to pay $2,500 per month during the first year of Third Amendment To Lease Agreement, and to pay $2,600 per month during the second year, as described in the terms of Third Amendment To Lease Agreement; and
WHEREAS, said Third Amendment To Lease Agreement, as presented, has been prepared by the City Attorney of the City of Los Banos; and WHEREAS, all the terms and conditions of the Lease Agreement remain in full effect except as expressly amended by the Third Amendment To Lease Agreement; and
WHEREAS, the City Council of the City of Los Banos designates the Interim City Manager to sign and execute the Third Amendment To Lease Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Third Amendment To Lease Agreement between the City of Los Banos and Marlene Pennington, and the designation of the Interim City Manager to sign and execute the Third Amendment To Lease Agreement as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of July 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:
1 89
APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 90
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
Exempt from Recording Fees
Pursuant to Gov't Cd 6103
APN: a ortion of 082-343-044
Space above this line for Recorder's use.

THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN

THE CITY OF LOS BANOS AS LESSOR AND MARLENE PENNINGTON

AS LESSEE
[Ranchwood Park Facility]
THIS THIRD AMENDMENT TO LEASE AGREEMENT is entered into and effective on June 1, 2025 by and between the CITY OF LOS BANOS, a California municipal corporation, (referred to in this lease as "Lessor") and MARLENE PENNINGTON, an individual (referred to in this lease as "Lessee").

RECITALS
WHEREAS, the parties entered into a lease agreement, dated for reference purposes as of March 17, 2010 (the "Lease") as amended by First Amendment to Lease Agreement dated March 13, 2015 (the "First Amendment") as amended by Second Amendment to Lease Agreement dated May 29,2020 (the "Second Amendment") in which Lessor leased to Lessee the real property (indoor and outdoor space) located at 515 Stonewood Drive in the City of Los Banos, County of Merced, State of California, more particularly described in Exhibit A ("the Premises"); and
WHEREAS, the Second Amendment extended the term of the Lease for a period of five years to expiring on May 31, 2025; and
WHEREAS, the parties wish to amend the Lease as herein set forth.

NOW THEREFORE, for good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree to amend the Lease as follows:
1 91

1. Term. The term of the Lease shall be extended an additional two (2) years commencing on June 1, 2025 and ending on May 31, 2027 ("Third Extended Term"), unless terminated earlier pursuant to the provisions of the Lease.

2. Rent. Lessee agrees to pay to Lessor during the third extended term of the Lease, rent as follows:
(1) $2,500.00 per month on the first day of each and every month, commencing on the first day of June, 2025, during the first year of the third extended term of this lease. (2) $2,600.00 per month on the first day of each and every month, commencing on the first day of June, 2026, during the second year of the third extended term of this lease.

In the event rent is not paid within 5 days after due date, Lessee agrees to pay a late charge of $100.00, plus interest at the rate of 10% per annum on the delinquent amount. Lessee further agrees to pay $50.00 for each dishonored bank check. The late charge period is not a grace period, and Lessor is entitled to make written demand for any rent if not paid when due.

3. Indemnification. Lessee shall defend, indemnify, and hold harmless Lessor, its principals, officers, employees, agents, and volunteers from and against any claims, losses, injuries, suits, or judgments and from any and all liability for any and all claims, losses, injuries, suits, or judgments filed or brought by any and all persons (including, without limitation, attorney's fees, disbursements and court costs) because of, arising, from or resulting from, or in connection with the conduct by Lessee of any program, activity or service in, on, or about the Premises, or because of or arising from any negligent and or willful act or omission, its principals, officers, agents, employees, volunteers or subcontractors, or in any way connected with the Premises or with any improvements or personal property on the Premises, or some condition of the Premises or some building or improvement on the Premises except when caused by the sole negligence or willful misconduct of Lessor.

4. Insurance. Lessee shall, at its own cost and expense, procure and maintain during the third extended term of this lease public liability insurance and premises damage insurance insuring Lessor against loss or liability caused by or connected with Lessee's occupation and use of the Premises under this lease in amounts not less than:
(a) General Liability. Lessee shall maintain 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. Lessee, general liability policies shall be primary and shall not seek contribution from the Lessor's coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that Lessor and its officers, officials, employees, and agents shall be additional insureds under such policies.
(b) Auto Liability. Lessee 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 2 92
a limit of no less than one million dollars ($1,000,000) per accident. If Lessee owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (c) Workers' Compensation. Lessee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to Lessor, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Lessor, its officers, agents, employees, and volunteers.

The insurance required under this section shall be issued by a responsible insurance company or companies authorized to do business in California and shall be in a form reasonably satisfactory to Lessor. Lessee shall within 10 days of the date of this lease, deposit with Lessor a certificate showing that insurance to be in full force and effect.

Each of the insurance policies shall be in a form reasonably satisfactory to Lessor and shall carry an endorsement that, before changing or canceling any policy, the issuing insurance company shall give Lessor at least 30 days' prior written notice. Duplicate originals or certificates of all such insurance policies shall be delivered to Lessor.

5. No Further Amendments; Conflicts. All the terms and conditions of the Lease remain in full force and effect except as expressly amended herein. The Lease as amended by this Third Amendment constitutes the entire agreement between Lessor and Lessee and may not be modified except by an instrument in writing duly executed by the parties hereto. In the event of any conflict between the terms of the Lease and the terms of this Third Amendment, the terms of this Third Amendment shall control.

6. Authority. Each individual executing this Amendment on behalf of a party hereto represents and warrants that such party has full right and authority to execute and deliver this Amendment and that each person signing on behalf of such party is authorized to do so.

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IN WITNESS THEREOF, this Third Amendment to Lease was executed by the parties thereto on the dates set forth herein.

LESSOR:

CITY OF LOS BANOS, a municipal corporation
By: _________ _
Michael Amabile, Mayor
ATTEST:

Lucille Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
LESSEE:

Marlene Pennington
Dated:

Dated:

Dated:
[SIGNATURES MUST BE NOTARIZED]
4 94

EXHIBIT A

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) .

COUNTY OF MERCED )
On ___________ , before me, ____________ _, a Notary Public, personally appeared ________________________ ____ _ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________ _ (Seal)
6 96

STATE OF CALIFORNIA )
) . COUNTY OF MERCED )
On ___________ , before me, _____________ , a Notary Public, personally appeared _____________________________ ___, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________ _ (Seal)
7 97
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN

THE CITY OF LOS BANOS AS LESSOR AND MARLENE PENNINGTON

AS LESSEE
[Ranch wood Park Facility]
THIS SECOND AMENDMENT TO LEASE AGREEMENT is entered into and effective on June 1, 2020 by and between the CITY OF LOS BANOS, a California municipal corporation, (referred to in this lease as "Lessor") and MARLENE PENNINGTON, an individual (referred to in this lease as "Lessee").

RECITALS
WHEREAS, the parties entered into a lease agreement, dated for reference purposes as of March 17, 2010 (the "Lease") as amended by First Amendment to Lease Agreement dated March 13, 2015 (the "First Amendment") in which Lessor leased to Lessee the real property (indoor and outdoor space) located at 515 Stonewood Drive in the City of Los Banos, County of Merced, State of California, more particularly described in Exhibit A ("the Premises"); and WHEREAS, the First Amendment extended the term of the Lease for a period of five years to expiring on March 31, 2020; and
WHEREAS, the parties wish to amend the Lease as herein set forth.

NOW THEREFORE, for good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree to amend the Lease as follows:

1. Term. The term of the Lease shall be extended an additional five years commencing on June 1, 2020 and ending on May 31, 2025 ("Second Extended Term"), unless terminated earlier pursuant to the provisions of the Lease.
98 2. Rent. Lessee agrees to pay to Lessor during the second extended term of the Lease, rent as follows:
(1) $1,913.00 per month on the first day of each and every month, commencing on the first day of June, 2020, during the first year of the second extended term of this lease. (2) $1,951.00 per month on the first day of each and every month, commencing on the first day of June, 2021, during the second year of the second extended term of this lease. (3) $1,990.00 per month on the first day of each and every month, commencing on the first day of June, 2022, during the third year of the second extended term of this lease. (4) $2,029.00 per month on the first day of each and every month, commencing on the first day of June, 2023, during the fourth year of the second extended term of this lease. (5) $2,069.00 per month on the first day of each and every month, commencing on the first day of June, 2024, during the fifth year of the second extended term of this lease.

4. Insurance. Lessee shall, at its own cost and expense, procure and maintain during the second extended term of this lease public liability insurance and premises damage insurance insuring Lessor against loss or liability caused by or connected with Lessee's occupation and use of the Premises under this lease in amounts not less than:
(a) General Liability. Lessee shall maintain general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Lessee, general liability policies shall be primary and shall not seek 99 contribution from the Lessor's coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that Lessor and its officers, officials, employees, and agents shall be additional insureds under such policies.
(b) Auto Liability. Lessee 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 one million dollars ($1,000,000) per accident. If Lessee owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (c) Workers' Compensation. Lessee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to Lessor, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Lessor, its officers, agents, employees, and volunteers.

5. No Further Amendments; Conflicts. All the terms and conditions of the Lease remain in full force and effect except as expressly amended herein. The Lease as amended by this Second Amendment constitutes the entire agreement between Lessor and Lessee and may not be modified except by an instrument in writing duly executed by the parties hereto. In the event of any conflict between the terms of the Lease and the terms of this Second Amendment, the terms of this Second Amendment shall control.

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IN WITNESS THEREOF, this Second Amendment to Lease was executed by the parties thereto on the dates set forth herein.

LESSOR:

CITY OF LOS BANOS, a municipal corporation
By: _ _____ ___ _
Michael Villalta, Mayor
ATTEST:

Lucille Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
LESSEE:

Marlene Pennington
Dated:

Dated:

Dated:
[SIGNATURES MUST BE NOTARIZED]
101

EXHIBIT A

PROPERTY DESRIPTION
The real property and improvements commonly known as the Ranchwood Park Facility located at 515 Stonewood Drive, in the City of Los Banos, County of Merced, California, ("the Premises") consisting of approximately 2500 sq.ft.+/- of indoor space and approximately 5580 sq.ft.+/- of outdoor space (consisting of a fenced in turf area, and a playground area with playground equipment.).
a portion of APN 082-343-044
102
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached. and not the truthfulness,
accuracy. or validity of that document.

ST ATE OF CALIFORNIA )
) S.S.

COUNTY OF MERCED )
On _ __________ _ __, before me, __________ ___ _ , a Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______ _________ _ (Seal)
103
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached. and not the truthfulness.
accuracy. or validity of that document.

ST ATE OF CALIFORNIA )
) S.S.

COUNTY OF MERCED )
On ________ ____ _, before me, ____ ___ ______ _, a Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature. ________ _______ _ (Seal)
104
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille Mallonee, City Clerk
City of Los Banos
520J Street
Los Banos, CA 93<i35
Exempt from Recording Fees
Pursuant to Gov't Cd 6103
APN: a rtion of 082-343-044
Reoorded In Olflclal Reoords, Merced Countv
Barbara J Levey
Merced County Clerk - Recorder
P Public
Doc#: 2015-011391

I IIIIIH IIIIIIIIIHII
Space above this line for Recorder's use.

FIRSTAMENDMENTTOLEASEAGREEMENTBETWEEN
THles: 1
Fees
Taxes
Other
PAID

THE CITY OF LOS BANOS AS LESSOR AND MARLENE PENNINGTON

AS LESSEE
[Ranchwood Park Facility]
THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into on March n_, 2015 by and between the CITY OF LOS BANOS, a California municipal corporation, (referred to in this lease as "Lessor") and MARLENE PENNINGTON, an individual (referred to in this lease as "Lessee").

RECITALS
WHEREAS, the parties entered into a lease agreement, dated for reference purposes as of March 17, 2010 (the "Lease") in which Lessor leased to Lessee the real property (indoor and outdoor space) located at 515 Stonewood Drive in the City of Los Banos, County of Merced, State of California, more particularly described in Exhibit A ("the Premises"); and WHEREAS, the term of the Lease was for a period of five years to expire on March 31, 2015; and
WHEREAS, the parties wish to amend the Lease as herein set forth.

NOW THEREFORE, for good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree to amend the Lease as follows:

1. Tenn. The term of the Lease shall be extended an additional five years commencing on April 1, 2015 and ending on March 31, 2020 ("Extended Term"), unless temrinated earlier pursuant to the provisions of the Lease.
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105

2. Rent. Lessee agrees to pay to Lessor during the extended tenn of this lease rent as follows:
(1) $1,735.00 per month on the first day of each and every month, commencing on the first day of April, 2015, during the first year of the extended term of this lease. (2) $1,769.00 per month on the first day of each and every month, commencing on the first day of April, 2016, during the second year of the extended term of this lease. (3) $1,804.00 per month on the first day of each and every month, commencing on the first day of April, 2017, during the third year of the extended term of this lease. (4) $1,840.00 per month on the first day of each and every month, commencing on the first day of April, 2018, during the fourth year of the extended term of this lease. (5) $1,876.00 per month on the first day of each and every month, commencing on the first day of April, 2019, during the fifth year of the extended term of this lease.

3. No Further Amendments: Conflicts. All the terms and conditions of the Lease remain in full force and effect except as expressly amended herein. The Lease as amended by this Amendment constitutes the entire agreement between Lessor and Lessee and may not be modified except by an instrument in writing duly executed by the parties hereto. In the event of any conflict between the terms of the Lease and the terms of this First Amendment, the terms of this First Amendment shall control.

4. Authority. Each individual ex~uting this Amendment on behalf of a party hereto represents and warrants that such party has full right and authority to execute and deliver this Amendment and that each person signing on behalf of such party is authorized to do so.

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IN WITNESS THEREOF, this First Amendment to Lease was executed by the parties thereto on the date set forth above.

LESSOR:

CITY OF LOS BANOS, a municipal
'-£:....«,
Lucille Mallonee,
-f.

City
~ Clerk
APPROVED AS TO FORM:

City Attorney
\
LESSEE:
[SIGNATURES MUST BE NOTARIZED]
107

EXHIBIT A

State of California }
}
County of Merced }
On this 13th day of March , 2015 before me, Lucille L. Mallonee , a Notary Public in and for said State, personally appeared Michael Gerard Villalta , who proved on the basis of satisfactory evidence to be the person(st whose name(st islafe subscribed to the within instrument and acknowledged to me that ~!shetthey executed the same in his/her/their authorized capacityffes}, and that by his/her/their signaturetst on the instrument the personfst, or the entity upon behalf of which the person(s} acted, executed this instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
~ ~a._,
of Notary
f • ~ Public
a LUCILLE L. MALLONEE
Commission# 1929960
j Notary Publlc - California I :z Merced County ~ J. 0 0 • I ,Ml t oT"l· ~ res : PJ 2.1 }%1 ~I (Notary Seal)
109

State of California }
}
County of Merced }
On this 17th day of March , 2015 before me, Lucille L. Mallonee , a Notary Public in and for said State, personally appeared Marlene Louise Pennington , who proved on the basis of satisfactory evidence to be the personfst whose namefst islare subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in hislherAAeif authorized capacityfiest, and that by his/her/their signature(Sj on the instrument the personfst, or the entity upon behalf of which the persontst acted, executed this instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
g~-e.~ @ LUCILLE L. MALLONEE
Commission# 1929960
i Notary Public • California f I Merced County -
♦ ♦ O O O ,Ml&°!'~· eens tPJ t] .2i1 i l
Signature of Notary Public (Notary Seal)
110
RESOLUTION NO. 5641

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING ENTERING

INTO A FIRST AMENDMENT TO LEASE

AGREEMENT BETWEEN THE CITY OF LOS

BANOS AND MARLENE PENNINGTON FOR

RENTAL OF THE RANCHWOOD PARK FACILITY
WHEREAS, Marlene Pennington has requested the City of Los Banos enter into a First Amendment To Lease Agreement for rental of the Ranchwood Park Facility for child care use; and
WHEREAS, the term of the First Amendment To lease Agreement is five years, commencing on April 1, 2015 and ending on March 31, 2020; and WHEREAS, commencing on April 1, 2015, Marlene Pennington agrees to pay $1,735.00 per month during the first year of First Amendment To Lease Agreement, and to a 2% increase each subsequent year, as described in the terms of First Amendment To Lease Agreement; and
WHEREAS, said First Amendment To Lease Agreement, as presented, has been prepared by the City Attorney of the City of Los Banos; and WHEREAS, all the terms and conditions of the Lease Agreement remain in full effect except as expressly amended by the First Amendment to Lease Agreement; and WHEREAS, the City Council of the City of Los Banos designates the Mayor to sign and execute the First Amendment to Lease Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the First Amendment to Lease Agreement between the City of Los Banos and Marlene Pennington, and the designation of the Mayor to sign and execute the First Amendment To lease Agreement as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of March 2015, by Council Member Faria who moved its adoption, which motion was duly seconded by Council Member Silveira and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Members Faria, Lewis, Silveira, Stonegrove, Mayor Villalta None
None
~ ~--1-~
Lucille L. Mallonee, City Clerk
111

LEASE AGREEMENT BETWEEN

THE CITY OF LOS BANOS AS LESSOR AND MARLENE PENNINGTON AS LESSEE
[Ranchwood Park Facility]
Preamble
THIS LEASE is entered into on March J.1.., 2010 by and between the CITY OF LOS BANOS, a California municipal corporation, (reterred to in this lease as "Lessor") and the MARLENE PENNINGTON, an individual (referred to in this lease as "Lessee").

Lessor for and in consideration of the rent to be paid by Lessee and of the covenants and provisions to be kept and performed by Lessee under this lease, hereby leases to Lessee. and Lessee agrees to lease from Lessor, the following: the real property and improvements commonly known as the Ranchwood Park Facility located at 515 Stonewood Drive, in the City of Los Banos, County of Merced, California, (''the Premises") consisting of approximately 2500 sq.ft.+/- of indoor space and approximately 5580 sq.ft.+/- of outdoor space (consisting of a fenced in turf area, and a playground area with playground equipment.).

ARTICLE 1. TERM OF LEASE
Section 1.01 . Tenn. The term of this lease is five years and shall commence on April 1, 2010, ("Commencement Date"), and end on March 31, 2015 ("Tenn"). unless tenninated earlier pursuant to the provisions of this lease.

Section 1.02. Holding Over. In the event Lessee holds over and continues in possession of the Premises after expiration of the Original Term, Lessee's continued occupancy of the Premises shall be considered a month-to-month tenancy subject to all the tenns and conditions of this lease.

Section 1.03. Early Termination Option. Each party shall have the right to prematurely te1minate this Lease (the "Termination Option") at the expiration of any of the first four years of the term of this Lease, subject to the following tem1S and conditions:
(a) The party exercising the early termination option must give the other party no less than one hundred twenty days advance written notice prior to the expiration of any of the first four years (twelve month periods) of the term of this Lease, of that party's election to exercise this Tennination Option (''Lessee's Termination Notice''), time being of the essence; and (b) rf either party properly exercises this Tem1ination Option, the Lease shall expire without further notice on the last day of the yearly term (twelve month period) in which the notice was exercised (''Early Termination Date") and neither party shall thereafter have any further rights or obligations accruing after said Early Termination Date, except those which by the provisions of this Lease expressly survive the expiration of the Lease Term. Rent shall thereafter be payable as scheduled through the Early Termination Date. 112
ARTICLE 2. RENT
Section 2.01. Rent. Lessee agrees to pay to Lessor during the term of this lease rent as follows:
(1) $ I ,400.00 per month on the first day of each and every month, commencing on the first day of April, 2010, during the first year of the term of this lease. (2) $1,470.00 per month on the first day of each and every month, commencing on the first day of April, 201 I, during the second year of the tenn of this lease. (3) $1,543.00 per month on the first day of each and every month, commencing on the first day of April, 2012, during the third year of the tenn of this lease. (4) $1,620.00 per month on the first day of each and every month, commencing on the first day of April, 2013, during the fourth year of the tenn of this lease. (5) $1,701.00 per month on the first day of each and every month, commencing on the first day of April, 2014, during the fifth year of the term of this lease.

In the event rent is not paid within 5 days after due date, Lessee agrees to pay a late charge of $100.00, plus interest at the rate of I 0% per annum on the delinquent amount. Lessee further agrees to pay $50.00 for each dishonored bank check. The late charge period is not a grace period, and Lessor is entitled to make written demand for any rent if not paid when due.

Section 2.02. Security Deposit. Lessee shall also pay to Lessor a "Security Deposit" in the amount of $1,400.00. The security deposit will be held by Lessor without interest as security for the full and faithfi.tl performance by Lessee of its obligation hereunder, and may be co-mingled with other monies of Lessor. In the event of default by Lessee, Lessor may use all or any part of the security deposit for the payment of any unpaid rent or for any other monies owed by Lessee to Lessor. Upon the termination of this Lease, any portion of the security deposit not so used or applied shall be returned to Lessee, provided Lessee faithfully perfonns its obligations hereunder, by mail within a reasonable time after the termination of this Lease. The security deposit shall not be applied by the Lessee toward the last month's rent.

ARTICLE 3. USE OF PREMISES
Section 3.01. Permitted Use. During the tenn of this lease, Lessee shall use the Premises solely for the purpose of providing pre school and child care services and uses ancillary thereto and for no other purpose without the prior written consent of Lessor which shall not be unreasonably withheld.

Section 3.02. A rovals and Licensin . If any license, permit, or other governmental authorization is required for the services and/or activities provided by Lessee in connection with the use or occupancy of the Premises or any portion of the Premises, Lessee shall procure and maintain said approvals and licenses throughout the tenn of this lease. Failure to procure and maintain said approvals and licenses throughout the tenn of this lease shall be deemed a material breach of the lease. 2 113
Lessee shall notify Lessor immediately upon suspension or revocation of any license, permit, or other governmental authorization.

Section 3.03. Compliance With Laws. Lessee shall, at Lessee's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal relating to any use and occupancy of the Premises, whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The violation of any such statute, ordinance, regulation, or requirement shall constitute grounds for tennination of this lease by Lessor.

Section 3.04. Prohibited Uses. Lessee shall not use or permit the Premises or any portion of the Premises to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, or entity. Furthermore, Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or any part of the Premises.

ARTICLE 4. UTILITIES
Section 4.01. Utilities. Lessee shall pay or cause to be paid, and hold Lessor and Lessor's property including the Premises free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and other public utilities to the Premises during the lease's term, including the removal of garbage and rubbish from the Premises during the term of this lease.

ARTICLE 5. MAINTENANCE ALTERATIONS AND REPAIRS
Section 5.01. Condition of Premises. Lessee accepts the Premises, as well as the Improvements located on the Premises, in their present condition and stipulates with Lessor that the Premises and Improvements are in good, clean, safe, and tenantable condition as of the date of this lease. Lessee further agrees with and represents to Lessor that the Premises have been inspected by Lessee, that it has received assurances acceptable to Lessee by means independent of Lessor or any agent of Lessor of the truth of all facts material to this lease, and that the Premises are being leased by Lessee as a result of its own inspection and investigation and not as a result of any representations made by Lessor or any agent of Lessor except those expressly set forth in this lease.

Section 5.02. Maintenance by Lessor. (a) Lessor shall, at its own cost and expense, maintain in good condition and repair the structural elements of the Building and the electrical, plumbing, heating, ventilation, and air conditioning systems. For purposes of this section, "structural elements" shall mean the exterior roof, exterior walls, structural supports, and foundation of the Building. Lessor shall not be liable for any damages to Lessee or the premises of Lessee resulting from Lessor's failure to make any repairs required by this section unless written notice of the need for those repairs has been given to Lessor by Lessee and Lessor has failed for a period of 30 days after receipt of the notice, unless prevented by causes not the fault of the Lessor, to make the needed repairs. Notwithstanding anything in this section to the contrary, Lessee shall promptly reimburse Lessor for the fu II cost of any repairs made pursuant to this section required because of the negligence or other fault, other than 3 114
nonnal and proper use, of Lessee or its employees or agents. Lessor shall be responsible for maintaining the landscaping, parking lot, and all common areas.

Section 5.03. Maintenance by Lessee. Lessee shall be responsible for monitoring and maintaining the cleanliness of all indoor and outdoor space used by Lessee. Lessee shall at its own cost and expense keep and maintain all portions of the Premises and all Improvements located on the Premises in good order and repair and in as safe and clean a condition as they were when received by Lessee from Lessor, reasonable wear and tear excepted. Lessee's obligation to repair shall specifically include necessary repairs to the interior walls, floor coverings, ceilings, painting and maintenance of interior walls, the interior and exterior portions of all doors, plate glass, for the Premises.

Section 5.04. Alterations and Liens. Lessee shall not make or permit any other person to make any alterations to the Premises or to any Improvements on the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold this consent. Lessee shall keep the premises free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the instance or request of Lessee. Furthennore, any and all alterations, additions, improvements, and fixtures, except furniture and trade fixtures, made or placed in or on the Premises by Lessee or any other person shall on expiration or earlier ten11ination of this lease, become the premises of Lessor and remain on the Premises. Lessor shall have the option, however, on expiration or termination of this lease, of requiring Lessee, at Lessee's sole cost and expense, to remove any or all such alterations, additions, improvements, or fixtures from the Premises.

Section 5.05. Inspection by Lessor. Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises to determine whether Lessee is complying with the terms of this lease, for the purpose of doing other lawful acts that may be necessary to protect Lessor's interest in the Premises, or for the purpose of performing Lessor's duties under this lease.

Section 5.06. Surrender of Premises. On expiration or earlier termination of this lease, Lessee shall promptly surrender and deliver the Premises to Lessor in as good condition as they are now at the date of this lease, excluding reasonable wear and tear, and repairs required to be made by Lessor under this lease.

ARTICLE 6. INDEMNITY AND INSURANCE
Section 6.01. Indemnification. Lessee shall defend, indemnify, and hold harmless Lessor, its principals, officers, employees, agents, and volunteers from and against any claims, losses, injuries, suits, or judgments and from any and all liability for any and all claims, losses, injuries, suits, or judgments filed or brought by any and all persons (including, without limitation, attorney's fees, disbursements and court costs) because of, arising, from or resulting from, or in connection with the conduct by Lessee of any program, activity or service in, on, or about the premises, or because of or arising from any negligent and or willful act or omission, its principals, officers, agents, employees, volunteers or subcontractors, or in any way connected with the Premises or with any improvements or personal property on the Premises, or some condition of the Premises or some building or improvement on the Premises. The obligation of Lessee imposed by this paragraph shall not apply to any claims, losses, injuries, suits, actions, or judgments, or any liability for any claim, loss, injury, suit, 4 115
action or judgment solely attributable to one or more negligent acts or omissions, or to willful or intentional misconduct of Lessor. its principals, officers. agents, employees. volunteers or subcontractors.

Section 6.02. Public Liabilit and Premises Damage Insurance. Lessee shall, at its own cost and expense, procure and maintain during the entire term of this lease public liability insurance and premises damage insurance insuring Lessor against loss or liability caused by or connected with Lessee's occupation and use of the Premises under this lease in amounts not less than:
(a) $ I ,000,000 for injury to or death of one or more persons as a result of any one accident or incident; and
(b) $1,000,000 for damage to or destruction of any property of others.

The insurance required under this section shall be issued by a responsible insurance company or companies authorized to do business in California and shall be in a fonn reasonably satisfactory to Lessor. Lessee shall within 10 days of the date of this lease, deposit with Lessor a certificate showing that insurance to be in full force and effect.

Section 6.03. Cancellation Requirements. Each of the insurance policies shall be in a form reasonably satisfactory to Lessor and shall carry an endorsement that, before changing or canceling any policy, the issuing insurance company shall give Lessor at least 30 days' prior written notice.

Duplicate originals or certificates of all such insurance policies shall be delivered to Lessor.

ARTICLE 7. DEFAULT, ASSIGNMENT,

AND TERMINA TJON
Section 7.01. Restriction Against Subletting or Assignment. Lessee shall not encumber, assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in the Premises or any of the Improvements that may now or hereafter be constructed or installed on the Premises without first obtaining the express written consent of Lessor. Lessee shall not sublet the Premises or any part of the Premises or allow any other person, other than Lessee's agents, servants, and employees, to occupy the Premises or any part of the Premises without the prior written consent of Lessor. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this lease. The consent of Lessor to any assignment of Lessee's interest in this lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld.

Section 7.02. Default Defined. The occurrence of any of the following shall constitute a material default and breach of this lease by Lessee:
5 116
(a) Any failure by Lessee to pay the rent or to make any other payment required to be made by Lessee under this lease (when that failure continues for 3 days after written notice of the failure is given by Lessor to Lessee).
(b) The abandonment or vacation of the Premises by Lessee (the absence of Lessee from or the failure by Lessee to conduct business on the Premises for a period in excess of 14 consecutive days shall constitute an abandonment or vacation for purposes of this lease). (c) A failure by Lessee to observe and perform any other provision of this lease to be observed or performed by Lessee, when that failure continues for 30 days after written notice of Lessee's failure is given by Lessor to Lessee; provided, however, that if the nature of that default is such that it cannot reasonably be cured within 30-day period, Lessee shall not be deemed to be in default if Lessee commences that cure within the 30-day period and thereafter diligently prosecutes it to completion. (d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, it is dismissed within 60 days); the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this lease, when possession is not restored to Lessee within 30 days; or the attachment, execution, or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this lease, when that seizure is not discharged within 30 days.

Section 7.03. Termination of Lease and Recovery of Damages. In the event of any default by Lessee under this lease, in addition to any other remedies available to Lessor at law or in equity, Lessor shall have the right to terminate this lease and all rights of Lessee hereunder by giving written notice of the termination. No act of Lessor shall be construed as terminating this lease except written notice given by Lessor to Lessee advising Lessee that Lessor elects to terminate the lease. In the event Lessor elects to terminate this lease, Lessor may recover from Lessee:
(a) The worth at the time of award of any unpaid rent that had been earned at the time of tem1ination of the lease:
(b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the lease until the time of award exceeds the amount ofrental loss that Lessee proves could have been reasonably avoided;
( c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and
(d) Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perfonn its obligations under this lease.

Section 7.04. Lessor's Rhiht to Continue Lease in Effect. 6 117
(a) If Lessee breaches this lease and abandons the Premises before the natural expiration of the term of this lease, Lessor may continue this lease in effect by not terminating Lessee's right to possession of the Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under this lease, including the right to recover the rent specified in this lease as it becomes due under this lease. For as long as Lessor does not terminate this lease, Lessee shall have the right to assign or sublease the Premises with the Lessor's prior written consent. Lessor shall not unreasonably withhold consent.
(b) No act of Lessor, including but not limited to Lessor's entry on the Premises, efforts to re let the Premises, or maintenance of the Premises, shall be construed as an election to terminate this lease unless a written notice of that intention is given to Lessee or unless the tennination of this lease is decreed by a court of competent jurisdiction.

Section 7.05. Lessor's Right to Relet. In the event Lessee breaches this lease, Lessor may enter on and relet the Premises or any part of the Premises lo a third party or third parties for any term, at any rental, and on any other terms and conditions that Lessor in its sole discretion may deem advisable, and shall have the right to make alterations and repairs to the Premises. Lessee shal1 be liable for all of Lessor's costs in re letting, including but not limited to remodeling costs necessitated by any modifications made by Lessee and required for the reletting. In the event Lessor relets the premises, Lessee shall pay all rent due under and at the times specified in this lease, less any amount or amounts actually received by Lessor from the reletting.

Section 7.06. Lessor's Right to Cure Lessee Defaults. If Lessee breaches or fails to perform any of the covenants or provisions of this lease, Lessor may, but shall not be required to, cure Lessee's breach. Any sum expended by Lessor, with the then maximum legal rate of interest, shall be reimbursed by Lessee to Lessor with the next due rent payment under this lease.

Section 7.07. Cumulative Remedies. The remedies granted to Lessor in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or provided in this lease.

Section 7.08. Waiver of Breach. The waiver by Lessor of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease.

ARTICLE 8. MISCELLANEOUS
Section 8.01. Discrimination Prohibited. Neither Lessee nor any officer, employee, or agent of Lessee shall discriminate in the employment of persons providing services on the premises in any facility the use of which is authorized by this Agreement on account of race, color, national origin, ancestry, religion, sex, physical handicap, or medical condition, in violation of any federal or state law.

Section 8.02 Force Maieure--Unavoidable Delays. If the perfonnance of any act required by this lease to be performed by either Lessor or Lessee is prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability that is not the fault of the party required to 7 118
perfonn the act, the time for perfonnance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.

Section 8.03. Attorneys' Fees. If any litigation is commenced between the parties to this lease concerning the Premises, this lease, or the rights and duties of either in relation to the Premises or to this lease, the party prevailing in that litigation shall be entitled to, in addition to any other relief that may be granted in the litigation, a reasonable sum as and for its attorneys' fees in that litigation that are determined by the court in that litigation or in a separate action brought for that purpose.

Section 8.04. Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to either party to this lease by the other party to this lease shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom they are directed, or in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to:

Lessor
City of Los Banos
520 J Street
Los Banos, CA 93635
Lessee
Marlene Pennington
3572 San Francisco Court
Merced, CA 95348
Either party, Lessor or Lessee, may change its address for the purpose of this section by giving written notice of that change to the other party in the manner provided in this section.

Section 8.05. Binding on Successors. This lease shall be binding on and shall inure to the benefit of the successors and assigns of Lessor and Lessee, but nothing in this section shall be construed as a consent by Lessor to any assignment of this lease or any interest therein by Lessee except as provided this lease.

Section 8.06. Partial Invalidity. If any provision of this lease is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding.

Section 8.07. Sole and Onl Agreement. This instrument constitutes the sole and only agreement between Lessor and Lessee respecting the Premises, the leasing of the Premises to Lessee, or the lease tenn created under this lease, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting the Premises or their leasing by Lessor to Lessee not expressly set forth in this instnunent are null and void.

Section 8.08. Time of Essence. Time is expressly declared to be of the essence in this lease.

Section 8.09. No Partnership or Joint Venture. Nothing in this lease shall be construed to render Lessor in any way or for any purpose a partner, joint venturer, or associate in any relationship with Lessee other than that of Lessor and Lessee, nor shall this lease be construed to authorize either to act as agent for the other.
8 119
IN WITNESS THEREOF, this Agreement was executed by the pa11ies thereto on the date set forth above.

LESSEE: '
Marlene Pennington
LESSOR:

CITY OF LOS BANOS,
£11.tk~~
Lucille Mallonee, City Clerk
APPROVED AS TO FORM:
~ .:.£;;=
City Attorney
9 120
TO:

FROM:

DATE:

LOsBanos
t t ,,
Agenda Staff Report
Mayor & City Council Members ~
Joe Heim, Acting Public Works Direc(o;t · -
July 16, 2025
Ii or ma
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to TBS Contractors in the amount of $106,719.85, with a 10% contingency in the amount of $10,671.98 for the construction of the Flowmeter Replacement Project Recommendation:

That the City Council adopts the Resolution to award the Construction of Flowmeter Replacement Project to TBS Contractors and authorize the City Manager to execute the Construction Contract Agreement in the amount of $106,719.85. Staff is requesting a 10% contingency of $10,671.98. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Background:

The City has contracts with Central California Irrigation District (CCID) and Grassland Water District (GWD) to discharge stormwater into their canal system from various stormwater basins throughout the City. The basins discharge into CCID or GWD canals based on location and proximity to the canal systems. As part of the City Agreement with the local irrigation districts, CCID and Grassland Water District, the City is required to meter its storm discharge. Installation of these meters are nearly twenty years overdue.

The major work consists of removing and replacing stormwater propeller flow meters and their concrete vaults ranging in size from 6"-16" at various sites in Los Banos, CA. Also, the work may consist of installing new flowmeters and new handholes at different pump station sites as indicated on the drawings. The new flowmeters are installed by cutting holes into existing discharge pipelines.

Discussion:
121
ITEM 8G
Staff enlisted the services of Carollo to design and prepare bid documents for the project.

Staff released the project for advertisement on March 30, 2025. The bid opening was held on May 22 ,2025. The Public Works Department, through the office of the City Clerk, received three (3) bids from the following contractors:

Lawrence Backhoe Service, Inc From Atwater, CA
TBS Contractors From Merced, CA
RCH Construction From Paso Robles, CA
$138,787.00
$106,719.85
$159,840.01
Staff reviewed the bid proposal for completeness. TBS Contractors submitted the lowest responsive and responsible bid for the project.

Staff is recommending a 10% contingency to be made available for the project. The administration of the contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

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 pursuant to Section 15301 (b ), Existing Facility.

Fiscal Impact:

The Flowmeter Replacement project will be funded from the Storm Drain Improvement Funds 502-432-100-714. Funds for the project are appropriated in the Fiscal Year 2025- 2026 budget.

Reviewed by:
ts · A/
Gary Bri?z~Jr,terim City Manager
Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Project Area Map
Minerva"Moreno, Finance Director
122
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AWARD

OF CONSTRUCTION CONTRACT TO TBS
CONTRACTORS. IN THE AMOUNT OF
$106,719.85 WITH A 10°/o CONTINGENCY IN THE
AMOUNT OF $10,671.98 FOR THE

CONSTRUCTION OF THE FLOWMETER

REPLACEMENT PROJECT
WHEREAS, City of Los Banos Public Works Department received competitive bids on May 22, 2025 for the purpose of constructing the Flowmeter Replacement project; and
WHEREAS, the Public Works Department determined, after receiving competitive bids, that TBS Contractors provided the lowest responsive and responsible bid in the amount of $106,719.85; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $10,617.98; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with TBS Contractors. and authorize the Public Works Director/City Engineer to administer the Construction Contract including the 10% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Construction of the Flowmeter Replacement project 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 TBS Contractors. in the amount of $106,719.85 with a 10% contingency in amount of $10,617.98, authorizes the City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 10% contingency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of July 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:
123
APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
124
LOs Banos
At the Crossroads of California

BID OPENING

CONSTRUCTION OF FLOWMETER REPLACEMENT PROJECT
May 22, 2025
1 . Lawrence Backhoe Service, Inc.

2. TBS Contractors

3. RCH Construction
Signed: saBlevins,CMC \~
Assistant City Clerk/HR Analyst
Engineering Technician
$ 138,787.00
$106,719.85
$159,840.01
Dated: May 22, 2025
125
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 Flowmeter 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, May 22, 2025 and then at said office publicly opened and read aloud.

The major work consists of removing and replacing stormwater propellor flow meters and their concrete vaults ranging in size from 6"-16" at various sites in Los Banos, CA. Also, the work may consist of installing new flowmeters and new hand holes at different pump station sites as indicated on the drawings. The new flowmeters are installed by cutting holes into existing discharge pipelines.

The time for completion shall be sixty {60) working days.

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://www.dir.ca.gov/ Public-Works/PublicWorks.html
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 ofthis project shall have the following current and active California State Contractor's 126
License at the tim!2 of the submission of the. bid and throughout the duration of the contract: Class A.

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. 127
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 TBS Contractors ("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 "Flowmeter Replacement Project."
The work is generally described as follows:
• Construction of The major work consists of Removing and replacing stormwater propeller flow meters and their handhole vaults ranging in size from 6"-16" at various sites in Los Banos, CA. Also, the work may consist of installing new flowmeters and new handholes at different pump station sites. The new flowmeters are installed by cutting holes into existing discharge pipelines.
• 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 1 O 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.

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 Two Thousand Dollars($ 2,000.00) for each day that passes after the time specified in Paragraph 2 herein.

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 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. -A. 1/3-
128

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 Carollo Engineers, Inc. entitled "Flowmeter Replacement Project", March 2025.
(N) Drawings prepared by Carollo Engineers, Inc. numbered 1 through 11. (0) Addenda
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.

B. 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 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 -A. 2/3-
129
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 Business Day, the time period shall be extended to the next Business 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
By: ------- --------
Authorized Representative of Owner
Title: ----------------
By: ---------------
-A. 3/3-
130
Date
(Seal if Corporation)
Authorized Representative of
Contractor
Title: ______________ _
(Attach Acknowledgement for Authorized Representative of Contractor) -A. 4/3-
131
132
LOsBanos
l th ,u ·, ail OJ , alijj ,a
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Joe Heim, Acting Public Works Directo~
July 16, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Regional Surface Transportation Program (RSTP) Exchange Funds Claim Form Submittal - Fiscal Year 2024/2025
Recommendation:

That the City Council adopt the Resolution authorizing the Interim City Manager to submit claim form on behalf of the City of Los Banos for Fiscal Year 2024/2025 Regional Surface Transportation Program (RSTP) Exchange funds in the amount of $668,065.00 to Merced County Association of Governments (MCAG).

Discussion:

Attached for City Council review is the claim form and Resolution with which the City of Los Banos may claim Fiscal Year 2024/2025 Regional Surface Transportation Program (RSTP} Exchange funds. The amount available to claim by the City of Los Banos is $668,065.00.

RSTP funds are used street rehabilitation, sidewalks repairs, personnel charge-in and equipment purchases.

Fiscal Impact:

The disbursement of the RSTP funds that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street and road improvements, sidewalk improvements, personnel charge in and equipment purchases in the Fiscal Year 2025/2026 budget.

There is no foreseen additional impact to the City.
133
ITEM 8H
efrva oreno, Finace Director
Attachments:

Resolution
FY 2024/2025 RSTP Exchange Fund Claim Form
FY 2024/2025 RSTP Exchange Fund Apportionment Schedule
134
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

INTERIM CITY MANAGER TO FILE A REGIONAL

SURFACE TRANSPORTATION PROGRAM
(RSTP) EXCHANGE PROGRAM FUND CLAIM
FORM FOR FISCAL YEAR 2024-2025
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY24-25 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and
WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2025) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to MCAG member jurisdictions; and
WHEREAS, the City of Los Banos has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY24-25 of $668,065.00; and WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are 135
defined under Sections 133(b) and 133(c) of Title 23, United States Code and Artlcle XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY24-25 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this Resolution; and
WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY24-25 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY24-25 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Los Banos has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Los Banos that the Interim City Manager is authorized to sign the FY24-25 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to sign and file the above described FY24-25 RSTP Exchange Program fund claim on behalf of the City of Los Banos in the amount of $668,065.00.

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
136

MERCED COUNTY

ASSOCIATION OF

GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 18th street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2024/2025
Claimant:

FY 24/25 Claim Amount:

Claim Guidelines:

City of Los Banos
$668,065.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from air quality conformity analysis check the "Exempt" box. (181)

4. If the project is a capacity expanding project and the air quality conformity analysis has been completed for the project as required check the "Air Quality" box. (181) Project Cost of Air Exempt
Project Quality

1. Rehabilitation of various major collectors and minor arterial $ 680,000.00 □ X roads.

2. $ □ □

3. $ □ □

4. $ □ □
Partnering for Regional Solutions
137
It is understood by this claimant (City of Los Banos) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Gary Brizzee
Print Name
Interim City Manager
Title
Date
Signature of Finance Director
Minerva Moreno
Print Name
138
DATE: April 22, 2025
TO: Governing Board

MERCED COUNTY

ASSOCIATION OF

GOVERNMENTS
FROM: Elizabeth Forte, Director of Planning and Programming PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W. 18th Street
Merced, CA 95340
ITEM 6aiii
RE: Action - Adopt Resolution 2025/5-22-01 Approving Fiscal Year 2024/25 Regional Surface Transportation Program (RSTP) Distribution

SUMMARY
Staff recommends the MCAG Governing Board approve the Fiscal Year (FY) 2023/24 RSTP apportionment distribution and authorize the disbursements of the funds via the claim process.

REQUESTED ACTION
Adopt Resolution 2025/05-22-01 approving the apportionment distribution of Fiscal Year 2024/25 RSTP Funds and authorizing release of funds upon receipt of required documentation.

BACKGROUND
The Federal Surface Transportation Block Grant (STBG) Program, previously known as and often referred to as the Regional Surface Transportation Program (RSTP), provides flexible funding to state and local governments for a variety oftransportation projects. Federal funds, in comparison to state or local funds, have complex requirements for their use which can be burdensome to agencies, such as additional environmental processes and numerous items for documentation and submittal. To assist smaller jurisdictions, the State of California passed legislation in 1990 that allowed all Metropolitan Planning Organizations (MPOs) with a population of less than 200,000 at the time of enactment to exchange their RSTP funds with state-only monies. Merced County had a population of under 200,000 in 1990, and MCAG is the designated MPO. Therefore, MCAG, on behalf of its member agencies, is annually permitted to exchange our STBG/RSTP funding on a 1:1 ratio with Caltrans to be used on eligible projects.

PAST ACTION TAKEN
Date Action
May 2024 Governing Board approved FY 23/24 RSTP apportionment distribution and authorized release of funds.

DISCUSSION
MCAG's Executive Director and Caltrans executed the 24/25 Caltrans RSTP Federal Exchange Program 077
139
Agreement in the amount of $3,953,568. These exchange funds will be deposited in MC:AG's account for prompt distribution. The Governing Board needs to approve the formulaic apportionments to MCAG member agencies by resolution. MCAG member agencies are required to submit two RSTP claim documents prior to the distribution of funds: 1. RSTP Exchange Claim Form, which lists eligible transportation project(s); and 2. Governing Body-approved resolution.

Apportionment Components
RSTP balances and exchanges are managed by Caltrans. MCAG receives an annual estimated apportionment. This year's estimated apportionment, plus an additional amount for last year's actual receipts, came to $4,480,254. By California statute, Merced County receives a "lifeline" amount of $526,686, guaranteed to Merced County for eligible RSTP road projects. This amount is fixed and does not change year to year. Caltrans distributes this amount directly to Merced County under a separate contract. The Merced County "lifeline" is deducted from the total apportionment for this fiscal year.

MCAG created a city "lifeline" exchange amount, also fixed, in the amount of $356,305. The distribution among the cities is periodically adjusted. The last adjustment was in 2010. The funds remaining are allocated to all jurisdictions based on population projects provided by the California Department of Finance (DOF), released in May each year. The proposed formula calculation is attached to this staff report.

Reporting Requirements
MCAG is required to submit the RSTP Distribution Summary Report to Caltrans by August 1, 2025.

FISCAL IMPACT
The RSTP exchange process is revenue-neutral for MCAG. Funds received through the agreement from Caltrans will be distributed to member jurisdictions.

STAFF CONT ACT
Elizabeth Forte, Director of Planning and Programming, at [email protected]

ATTACHMENTS
FY 24/25 RSTP Apportionment Distribution
Resolution 2025/5-22-01 approving the apportionment distribution of Fiscal Year 2024/25 RSTP Funds and authorizing release of funds upon receipt of required documentation. 078
140
FY 2024/25 Estimated Apportionments $ 4,460,491
RSTP Exchanges are based on the Estimated "Advance"
apportionment figures.

Adjustments of Prior Year "Advance" vs. "Actual" $ 19,763 "Actual" apportionment figures are reported after year's end, Apportionments with adjustments made subsequently.

State-Mandated Merced County "Lifeline" $ (526,686)
Merced County has separate contract with Caltrans and funds Apportionment are distributed direct to Merced County. Fixed amount.

Balance after State-Mandated Merced County $ 3,953,568 Amount of MCAG RSTP State Exchange Contract "lifeline" A ortlonment
Total City "Lifeline" Apportionments $ (356,305) Fixed amount, per MCAG action. Most recently in May 2009.

Atwater $ 6 ,2
Dos Palos 1
Gustine s 12,194
Livingston s 28,341
Los Banos $ 74,341
Merced-City $ 169,001
Subtotal: Total City "Lifeline" Apport. $ 356,305
31 ,397 393,11 6
Dos Palos 5,633 1.96% 70,530
Gustine 5,936 2.07% $ 74,323
Livingston 14,286 4.97% $ 178,872
Los Banos 47,419 16.50% $ 593,724
Merced 91 ,837 31 .97% $ 1,149,872
County 90,795 31 .60% $ 1,136,826
Subtotal 287,303 100.00% $ 3,597,263
"May 2024 - Dept. of Finance Population Figures
City/County Lifeline
Apportionment
Atwater $ 61 ,284 $ 393,116 $ 454,400
Dos Palos $ 11 ,144 $ 70,530 $ 81,674
Gustine $ 12,194 $ 74,323 86,517
Livingston $ 28,341 $ 178,872 $ 207,213
Los Banos $ 74,341 $ 593,724 $ 668,065
Merced-City $ 169,001 $ 1,149,872 $ 1,318,873
Merced-Count $ 526,686 1,136,826 $ 1,663,512
TOTAL 8 I 3,597,263 $ 4,480,25
079
141
RESOLUTION 2025/05-22-01

RESOLUTION OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS

APPROVING THE DISTRIBUTION OF REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) STATE EXCHANGE FUNDS FOR FISCAL YEAR 2024/25 WHEREAS, the Merced County Association of Governments (MCAG) is the designated Metropolitan Planning Organization (MPO) for Merced County; and WHEREAS, the RSTP estimated amount available to the County of Merced and MCAG for the 2024/2025 fiscal year is $4,480,254; and
WHEREAS, RSTP funds in the amount of $526,686 are apportioned directly from the State of California to the County of Merced for the 2024/2025 fiscal year, leaving $3,953,568 available for exchange to all local jurisdictions; and WHEREAS, The Merced County Association of Governments (MCAG) and the California State Department of Transportation (Caltrans) have entered into an agreement to exchange unobligated balances of federal Surface Transportation Block Grant (STBG) Program funds, previously known as RSTP funds, with non-federal State Highway Account funds; and
WHEREAS, each claimant's proposed expenditures shall be in conformity with the current Regional Transportation Plan (RTP) and STBG Program eligibility requirements; and
WHEREAS, each claimant shall submit an adopted resolution and approved RSTP Exchange claim form before they will receive any distribution of RSTP exchange funds.

NOW, THEREFORE BE IT RESOLVED that the MCAG Governing Board approves the distribution of 2024/2025 RSTP apportionments for exchange as follows:

1. The City of Atwater $ 454,400

2. The City of Dos Palos $ 81,674

3. The City of Gustine $ 86,517

4. The City of Livingston $ 207,213

5. The City of Los Banos $ 668,065

6. The City of Merced $ 1,318,873

7. The County of Merced ~ 1,136,826
TOTAL $ 3,953,568
080
142
BE IT FURTHER RESOLVED that the RSTP State Exchange apportionment amounts shown above shall be made in singular payments to the member agencies once the funds are distributed to MCAG by the State Controller's Office.

The foregoing Resolution was adopted upon the motion of Director _______ _ seconded by Director _______ _, at a regular meeting on the 22nd day of May 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Stacie Guzman, Executive Director Michael Amabile, Chair Merced County Association of Governments Merced County Association of Governments 081
143

THIS PAGE IS INTENTIONALLY LEFT BLANK
144
TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Directo; P
July 16, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for all off-site landscape associated with Southpointe at Regency Park, Phases 8-10.

Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for all off-site landscape associated with Southpointe at Regency Park, Phases 8-10.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In June 2021, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approvals of Southpointe at Regency Park, Phases 8 and 9. The City Council adopted the Resolutions No. 6514 and 6515 approving the Final Maps for Southpointe at Regency Park, Phases 8 and 9 with accompanying Subdivision Improvement Agreement on June 21, 2022. In October 2023, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approval on Southpointe at Regency Park, Phase 10. The City Council adopted the Resolution No. 6708 approving the Final Map for Southpointe at Regency Park, Phase 10 with accompanying Subdivision Improvement Agreement' on November 15, 2023. The Improvement Plans for Southpointe at Regency Park, Phases 8-10 and offsite landscaping for Overland Ave Units 7-8, Place Road Unit 8 and Park Place Round Unit 1 O were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. Upon completion the site was inspected and 145
ITEM 8I
deemed substantially complete by the City Inspector. The developer requested the Public Improvements, which excluded plans submitted for off-site landscape, be accepted bythe City Council of the City of Los Banos. The City Council adopted Resolutions No. 6668 and 6669 accepting Public Improvements, excluding off-stie landscaping, for Southpointe at Regency Park, Phases 8 and 9 on July 19, 2023. The City Council adopted Resolution No. 6720 accepting Public Improvements, excluding off-stie landscaping, for Southpointe at Regency Park, Phase 10 on January 3, 2024. In June 2025 Stonefield requested off-site landscape be accepted by the City Council of the City of Los Banos. Upon completion the off-site landscaping for Southpointe at Regency Park, Phases 8-10 was inspected and deemed substantially complete by the City Inspector.

Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Place Road to the west, Mission Estates and Verona Subdivisions to the south, and Ward Road to the east. The applicant is Stonefield Home, Inc .. a California Corporation. The off-site landscape has been inspected and deemed complete by an inspector for the City of Los Banos and rider bonds will remain on file with the City of Los Banos Finance Department for the offsite landscaping for one year after acceptance.

Fiscal Impact:

All off-site landscaping for Southpointe at Regency Park, Phases 8-10 has been completed by the Developer. All other required processing, development, plan check and inspection fees to date for landscaping have been paid.

Reviewed by:

G21?.z~g City Manager ~~-e-D-ir-ec-t-or-Attachments:

Resolution
Approved Off-Site Landscaping Plans (Overland Ave Units 7-8) Approved Off-Site Landscaping Plans (Place Road Unit 8) Approved Off-Site Landscaping Plans (ParkPlace Round Unit 10) Site Map
Recorded Final Map for Southpointe Phase 8
Signed Resolution of Acceptance of Public Improvements for Southpolnte Phase 8 Recorded Final Map for Southpointe Phase 9
Signed Resolution of Acceptance of Public Improvements for Southpointe Phase 9 Recorded Final Map for Southpointe Phase 10
Signed Resolution of Acceptance of Public Improvements for Southpointe Phase 10 146
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR ALL OFF-SITE LANDSCAPE

ASSOCIATED WITH SOUTHPOINTE AT REGENCY
PARK, PHASES 8-10.

WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Sunrise Ranch that Public Improvements for all off-site landscape associated with Southpointe at Regency Park, Phases 8-10 be accepted by the City of Los Banos; and,
WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of all off-site landscape, of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that is does hereby accept the Public Improvements for all off-site landscape associated with Southpointe at Regency Park, Phases 8-10 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of July, 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
147
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APPROVED PLANS FOR SOUTHPOINTE OVERLAND A VE UNITS 7-8
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RESOLUTION NO. 6668

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 8
VVHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 8 that Public Improvements, for Southpointe at Regency Park, Phase 8 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED thatthe City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 8 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of July 2023 by Council Member Jones who moved its adoption, which motion was duly seconded by Council Member Lambert and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Member Jones, Lambert, Lewis, Mayor Llanez
None
Council Member Begonia
APPROVED:
0 __p
~~-~ Lucille L. Mallonee, City Clerk
169
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TRACT NO. 2015.()1
SOUTHPOINTEATREGENCYPARK-PHASE9
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LYING IN Tl/£ SOUTHEAST OUART£R OF S<CTION 12, TOWNSHIP tO SOUTH, RANGE to £ASr, UOUNT 0/ABLO BASE ANO UERIOWI CITY OF LOS BANOS, COUNTY OF li/£RCED, STATE OF CAUFORN/A MARCIi 2022
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fJOOK JJ~ or DmCfAl. RC.CORDS, PltGC ollaT, IJ.C.R., RCCOfl(J(IJ 1 Auct/ST, JJJ8 Nl'f RKiHT OF ENTKr AM) f;,ISDR:MS NCa:JiSNff FOR 1HE PfWOUCDOH, EXPI.ORJ.OON, OR mNWiE.OFotl.m""'1NOW..S
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\ STACY SOCtZ,t. £UIS. DIR£CTDR ,0., M t:ITY OF' LDS B4NllS coun#II' NC) CCC1tKJIJIC Of~Ol'l,IOff OCJ>NuMOff, 00 1'ffRES'f' ST,4,f fflAr I ""'!£ ~ Hf$ FWAl. /.U,I' OF 7Tw:r MJ. 2015-o, ~ -4T R!C(11(1CJ' fWN< - fflt5£ g: AND P>cllT TH€ Sll8DM.WH ts St.mr.wm'.LY rHf: SAM( AS 1™T SHOWN ON THE mn..U'1\.£' IMP' AJIP(?(]yfJ} tJr me aJr' PUNNNG C04IJ.IISSKJH 'JN. nc ,, r,,,r or uo; u,,.,;_ ;,,,o 1Hot1 lhl! !JIN. /UP or ~ HO. IOIS-01 SOU,HPC/1111: Ar RCGCNCY PARK - fflASC 9• ~ IHH ALL ~ r:JF S,lljPUMIIN(',r:tJIM/IZ10N_ ''""' ""~ ... °'~-' .......
sucr ~·~,?M--- ii~ ANO lCONOIIIC OfKl.OP.t.8.ir ORt1tlR CITY or LOS EMNOS.

RIG/ff TO FARM srATEMENl
PER /.tfRaI) COUHrY ORlJINNtiCE Ml. 121J:
11£ PROPUftl' OCSC1it(IW ON 1H£ H!Rff,111 SHOtfN UAP IS IN 11€ HCN1Y DF WID /J1fUZCJ) FOR AGR#a.(1W4( PI.IRPOS£S ,II«) flCSXJENlS ~ THIS ffl0f'Df1r ,U4)' 9E SIJtUt:Cr ro N:XJM!fNIOICF: OR OOC'JiJFORT ARJSH; fflON 1HE" US£ a- A(:aii!Ct,UtJW. CHO#Olt:S, Mia.~ £Pf" ND1 uum, 10, m~ AHO f'E'RlltJlOlS, ~ FROU THE: PfRStKr OF A$RO.LTIJRli... OPEM1IONS INCLUDING, 811T' NOT Ultl11J} rD, P(OMM:., SPl'4Y1NG, ND BUINING ltHDI ~LY~Y~lt DUSf. ~ NOi$£, AM'.I ~.

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111$ UJP WAS PRG'M!D BY /IE (Jf/ utaFl MY DINtt:!10N »11 IS 1MSlD UPON W'
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RfOUIRF.IIENTS
OF GR[!; HOS7miR.

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lt1U. 8£ 'SET fH rH'JSC PO$ITIONS ON Oil 8UOR! 5'W:I SINJfJMSIDN 11/PRfMMEHJS M! MX:£P1fP Br rnE crrt OF LOS 8,W(1S, Nm JH-\T 1H£" MONtlll£N1S IIR£ OR kl 8£ SVmcttWr ro OWl/.£ 1H[ SURD ro 8£ llf'lfij!Cf/1. """1 111S t¢ !l<Y OF .J:1A:l'. __ , ZR!!:;
ll._U\--t-.;;:~-~ iii,<€[ .w..:.t.;; P.L~ .,,..---
CITY SURVEYf)R'S STATEMENT
11£llfBYSTA1F~r1 HAllft.X,IUfN(fJ TUIS f'JIW. IIAPANll ITCOUPUCS>KrH .Al,L 71£ f>Rd'ofSl(JNS Or C1Wr£R t l)F 1UC ~ SUOt:MSION IJAP ltCT, AS M,£N()ff), 00 lntr 'fHS IW,U, '"'° IS ~ti' COR1i8;f. °'~ ~4:~NP, lil.
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CITY Cl.£RK'S SWEMENT

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~•<~~ U.bu £. •• bnfii. Cff'f CF LOS BM/OS
R£COFID£R'S STATcMENT
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~ K'ltuta' ~ (X cmctAL PlAT!i AT PAGES IS::-- 17 ----. U.G.R.

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5.66ACRLS
TRACT NO. 2015-01
SOIJTHPOINTE AT REGENCY PARK - PHASE 9
BEING A SIJBOMSION OF LOT 2, AS SHOWN OW THE /,/AP OF SWTIIPOINTE AT REGEi/CY PARK 7-1 t, F1J.B) IN \/OWi.iE 85 OF Of'F1CIAL PLATS, AT PACES U TO 49, MERCED COUNTY REC()fl[)S,
LYIIIG IN Tl/£ SOUTHE:AST OUARTER OF SECTKJN 12, TOll'I/SH/P 10 SOUl1-I, RANCE 10 filST, I.IOWT OJA8LO SASE J,J./D MERIDIAN
CITY OF LOS fW/05, COUNTY OF IJERCEO, STA7f' OF CAUFORNIA UIRCH 2022
rlfti BENCHMARK ENGINEER/NG, IN~_.
..:7 915 17TH STREIT. UODtSrD, CAi/FORNIA. 9SJS4
LEGEND
NrllI::AUPl'tstltSMrlNSKJCOMt,lfl[R
FDI.AK) .:V4" IRON PIP£ TAGG!ll "lS 604'0'" PfR (B), OR >S NO'TED e ((Ml() ""1Hf.MIENr IN MOIJ/AJENr lf'tL TACC£D "ts 8040" PER (B}, OR AS Nt:l1tlJ 151 rotlHO CPS ~TA$ SHO'lf'H CH Ref (A)
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BASIS OF BEARIIICS
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REFERENCES
(II) GP5 SUIMY COfftROL ~ IIO(M M or stfll-'?:Ys;. PAGl;S 9 ro ,1. KC.l'i'. {l'l) 1MCT NO. ~,s-o,, SOCIIHF'Wl'lr # IICCDif:Y IWll( 7-ff, KH.IAIIE as OF~ PIAJS, l'MC£S H 7D f9, MCA,
(C) 1'11<7 NO. 2015-0t, SWTINNIC ., 1/CtlJIC't' P"111 • Pll<S£ 7, >fJ/.UJC es /JF om;w_ ~II. PACES-'0105.l. P.CJl.
)l()Ll)/,lf_g6 PAGE JI!_ SHEET 2 OF J
171
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TRACT NO. 2015-01
SOUTHPOINTE AT REGENCY PARK• PHASE 9·
8€/NG A SUBDIVISION OF LOT 2, AS SHOWN ON TH£ UAP OF SOUTHPOINTE AT REGENCY PMIK 7- r I, FILED IN IIPI.UM£ 85 OF OffiCIAl PU.TS, AT • PAGcS 44 TO 49, MERCED COUNTY RcCOROS,
LYING IN 1llf: SOUTHE:AST OLIMml OF SECTION 12, TOWNSHIP 10 SOUTH, PAN<,£ ro ~ MOUNT OWJLO S,.SE AND MERIDIAN
CITY OF LOS BANOS, COUNTY OF MERCED, STA rt: OF CAUFORNIA MARCH 2022
l'1fl BENCHMARK ENGINEERING, INC. "117 9/S 17TH STREIT. MOOCSTO, CALIFOFINIA, 9SJS4 1 7 l. J2:: .. --.• ~. f .. '21 ~':: a _ 1,~~'SS-_ -~~1~ CJ rJS·,,· I !"IH.oo' i ,.s . .,-1· ~ -)-n.oo·.J3:1.5r
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172
RESOLUTION NO. 6669

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 9
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 9 that Public Improvements, for Southpointe at Regency Park, Phase 9 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 9 as presented.

AYES:

NOES:

ABSENT:

ATTEST:

Council Member Jones, Lambert, Lewis, Mayor Llanez
None
Council Member Begonia
APPROVED:
/J-P
k
Lucille L. Mallonee,
-!-. ~ City Clerk
173
OWNER'S STATfM81T
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NOTARY STATEIIENT
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SOIJTHPOINTE AT REGENCY PARK -PHASE 10
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12. TOWNSHIP 10 SOUTH, RANGE 10 £1ST, MOUNT D/NlLO BASE AND MERIDIAN. CIT'/' OF LOS BANOS, COUNT'/' OF M/;RCED, STATE: OF CALIFORNIA JULY 2022
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TRACT NO. 2015-01
SOUTHPOINTE AT REGENCY PARK - PHASE 10
BEING A SU80MSIOM OF LOT 4 AS SHOWN ON THE M4P OF SOUTHPOINTE AT RECENCY PARK 7-11, FILED IN VOLUI.IE 85 OF OFFICIAL PLATS, AT PAGES 44 TO 49, /J£RC£0 COUNTY RECORDS, LYrNG IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANCE 10 EAST. MOUNT DIABLO BASE AND M£RIOIAN. crrr OF LOS BANOS, COUNT( OF 1./ERC[I), STATE OF CALIFORNIA JULY 2022
BENCHMARK ENGINEERING, INC.
915 17TH smm I.IODESTO, CALIFORNIA 95354
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VOLUIJ[ _ 1_P.:>_ PAC£,((;. SHEET J OF J
176
RESOLUTION NO. 6720

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 10
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 10 that Public Improvements, for Southpointe at Regency Park, Phase 10 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 10 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of January 2024 by Council Member Jones who moved its adoption, which motion was duly seconded by Council Member Lewis and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST
Council Members Begonia, Jones, Lambert, Lewis, Mayor Llanez None
None
APPROVED:
~-P -PC)
Paul Llanez, May*
~-1.~
Lucille L. Mallonee, City Clerk
177

THIS PAGE IS INTENTIONALLY LEFT BLANK
178
TO:

FROM:

DATE:

Lcls Banos
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works DirectorP
July 16, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for all off-site landscape associated with Sunrise Ranch Phases 1 and 2.

Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for all off-site landscape associated with Sunrise Ranch Phases 1 and 2.

Background:

The Tentative Tract Map No. 2017-03 was approved by the City of Los Banos Planning Commission on November 14, 2018 by Resolution No. 2018-32. In December of 2018, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolutions No. 6329 & 6330 approving the Final Maps for Sunrise Ranch, Phases 1 and 2 with the accompanying Subdivision Improvement Agreements on March 12, 2021. In February 2019, the developer contacted Public Works for the approval of Improvement Plans for Sunrise Ranch Phases 1 - 4. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During Construction and upon completion the site was inspected and deemed substantially complete by the City Inspector. The Landscape Plans were submitted to the Public Works Department for review in March 2021 and were approved in July 2021. The developer has requested the Public Improvements, excluding off-site landscape, be accepted by the City Council of the City of Los Banos. The City Council adopted Resolutions No. 6390 and 6391 accepting Public Improvements, excluding off-stie 179
ITEM 8J
landscaping, for Sunrise Ranch, Phases 1 and 2. In June 2025 Stonefield requested off-site landscape be accepted by the City Council of the City of Los Banos.

Discussion:

The subject is generally located within the area bounded by East 8 Street to the north, San Luis Street the south, Jo Lin Park Manor Subdivision to the east and Place Road to the west. The applicant is Stonefield Home, Inc., a California Corporation. The off-site landscape has been inspected and deemed complete by an inspector for the City of Los Banos and rider bonds will remain on file with the City of Los Banos Finance Department for the offsite landscaping for one year after acceptance.

Fiscal Impact:

All off-site landscaping for Sunrise Ranch, Phases 1 and 2 have been completed by the Developer. All other required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Attachments:

Resolution
Approved Off-Site Landscaping Plans
Site Map
Recorded Final Map for Sunrise Ranch Phase 1
oreno, Finance Director
Signed Resolution of Acceptance of Public Improvements for Sunrise Ranch Phase 1 Recorded Final Map for Sunrise Ranch Phase 2
Signed Resolution of Acceptance of Public Improvements for Sunrise Ranch Phase 2 180
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR ALL OFF-SITE LANDSCAPE
ASSOCIATED WITH SUNRISE RANCH, PHASES 1
AND2.

WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Sunrise Ranch that Public Improvements for all off-site landscape associated with Sunrise Ranch, Phase 1 and 2 be accepted by the City of Los Banos; and, WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of all off-site landscape, of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that is does hereby accept the Public Improvements for all off-site landscape associated with Sunrise Ranch, Phase 1 and 2 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of July, 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
181

APPROVED PLANS FOR SUNRISE RANCH OFF-SITE LANDSCAPING
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TRACT NO. 2017-D3
SUNRISE RANCH PHASE 1
8ElNC A SIJ8DMSION OF LOT I AS SHOWN ON THC: IMP OF
Sl/Nfltsc: RANCH, FIL£IJ IN BOOK 81 OF OFFICIAL PLATS, AT PACES 25 10 27, lY/NC IN THE £AST flAJ.F OF, SECTION tJ, TOWNSHIP 10 SOIJTII, RANGE 10 WT, MOUNT l»IBl.O &IEFIIDWI
crrY OF LOS 81,NOS, COUNTY OF UERCEJ), STATE OF CALIFORNIA SEPTFJl8£R 2020 r. BENCHMARK ENGINEERING, INC._ '7 507 J STRE£r; LOS BANOS, CALIFORNIA. 936:JS LfCENO
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NOTES

1. AU. B£MINGS NKJ Ol!iTNICES ~ H£R(ON AR£ .u£4SL'Rfll fMUSS OTH£RWIS£ NOIUJ. z. AlL (}ISTNC:t$ MD DliJ£NSJl'JNS SHOWN NI£ II FFrr Nm OCCM4L ~ THENfOF. J. All RECORD INR)INAT10N SHOWN IS moll MfRCED r:::OUNrY R(CORIJS, 800K S; PAGE '32-- SHW40F4
192
RESOLUTION NO. 6390

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS, EXCLUDING OFF-SITE
LANDSCAPE, FOR SUNRISE RANCH, PHASE 1
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Sunrise Ranch that Public Improvements, excluding off-site landscape, for Sunrise Ranch, Phase 1 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds 1hat the public Improvements, excluding off-site landscape, of said project are in a position to be accepted by the City of Los Banos; and WHEREAS, the off-site landscape of said project will be deferred to Sunrise Ranch, Phase 3 and sent to the City Council of the City of Los Banos for acceptance with that phase at a later date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that is does hereby accept the Public Improvements, excluding off-site landscape, for Sunrise Ranch, Phase 1 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of July, 2021 by Council Member Llamas who moved its adoption, which motion was duly seconded by Council Member Lambert and the Resolution adopted by the following vote:

AYES:

NOES:

Council Members Jones, Lambert, Lewis, Llamas, Mayor Faria None
ABSENT: None
APPROVED:

ATTEST:

1.~
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TRACT NO. 2017-D3
SUNRISE RANCH, PHASE 2
8EJN(; A SIJ8DMSION OF wr 2 AS SHOWN ON 7H£ MN' OF
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TRACT NO. 2017-D3
SUNRISE RANCH PHASE 2
BEING A SUBOMSION OF lOT 2 AS SHOWN ON THE MAP OF' SI.INRI~ RANCH, Fl1£I) IN BOOK 81 OF OfflCIAL Pl.I.TS. AT PAGES 25 TO 27. LYING IN TH£ EAST HALF OF, SECTION 13, TOWNSHIP 10 SOUTH, PANGE 10 EAST, 1,/()iJ/,{T DWl!.O /JERIW.N CITY OF LOS EWo/OS, COU/flY OF l.lfRCED, STAT£ OF CALIFORNIA SEPIUl8£R 2020 ~ BENCHMARK ENGINEERING, INC .
.,; 507 J SMIT. LOS BANOS. CALJFORNIA, 93635
REF<RENCES
(,\I stfHRISE. /WICH, Kll'..Ult£ 81 OF c,n:aq FUi'S, PAGES 2, ro 27, ti.C.R.

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TRACT NO. 2017-D3
SUNRISE RANCH PHASE 2
BEING A SU80MSION OF LOr 2 AS SHOWN ON THE: MAP OF SUNRISE: 11,1,J,/CH, FllffJ IN 800K 81 OF OFFICIAL PJ.ATS, AT PAGE:S 25 TD 27, LYING IN THE: ~ tW.F OF. S£C710N IJ, TOWNSHIP 10 SOUTH, RANGE 10 £AST. UOUNT DIABlD ltl£f/JDIAN
crrr OF LOS BANOS, COUNTY OF lloRCED, STATE: OF CAJ.IFORNIA StPrEMfJER 2fJ20 BENCHMARK ENGINEERING, INC.
!i07 J smm LOS 8'.HOS, CALIFORMA. 9J6J5

REFCRENCES
(A) SfMftSC IIJWCH, K,f.c.Mf' Sf OF omt:IAL PtA~ PAGa" 15 TO 21, M.CR {B) SWR6E RNQ4 PH4SE r, 'IQ.l,11,1( OF OFF'laAL PU1S. PN'JES TO , AI.G::R. {C} (,l1S St.JMY CONmC( ~. IQ.t.tllf !J1J or .5C.ffl,fY, PM.6 9- i2, M.c.R.

NOTES
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197
RESOLUTION NO. 6391

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS, EXCLUDING OFF-SITE
LANDSCAPE, FOR SUNRISE RANCH, PHASE 2
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Sunrise Ranch that Public Improvements, excluding off-site landscape, for Sunrise Ranch, Phase 2 be accepted by the City of_ Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements, excluding off-site landscape, of said project are in a position to be acoepted by the City of Los Banos; and WHEREAS, the off-site landscape of said project will be deferred to Sunrise Ranch, Phase 3 and sent to the City Council of the City of Los Banos for acceptance with that phase at a later date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that is does hereby accept the Public lmprovements, excluding off-site landscape, for Sunrise Ranch, Phase 2 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2181 day of July, 2021 by Council Member Llamas who moved its adoption, which motion was duly seconded by Council Member Lambert and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Members Jones, Lambert, Lewis, Llamas, Mayor Faria None
None
~ 7-~
Lucille L. Mallonee, City Cleric
'
198
LOsBanos
At t11t Crossroads of California
Agenda Staff Report
TO:

FROM:

DATE:

Mayor and Council Members
Justin Melden, Police Commander
July 16, 2025
SUBJECT: School Resource Officer (SRO) Agreement ("Agreement") With Merced County Office of Education (MCOE)
TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council approve and authorize the signing of an Agreement between the City of Los Banos and the Merced County Office of Education for School Resource Officer services.

Background:

The Merced County Office of Education (MCOE) has partnered with the Los Banos Police Department for a number of years to provide SRO services to Valley Community School through an Agreement.

Discussion:

The current Agreement expired on June 30, 2025; and the City and MCOE wish to extend the existing agreement for another three (3) year period. Under the proposed Agreement, MCOE would continue paying for 75% of one (1) police officer's salary and benefits. The City would be responsible for the remaining 25%. MCOE has tentatively approved this Agreement and they have requested no changes be made for the upcoming fiscal year. Additionally, this Agreement has been reviewed and approved by the City Attorney.
199
ITEM 8K
For the 2025-2026 school year, MCOE's share of salary and benefits will be approximately . $193,055.00. The City's share of salary and benefits will be approximately $64,352.00.

The City will provide MCOE with a calculation of their share of the total compensation for the ensuing school year on or before July 1, 2026 and July 1, 2027.

Fiscal Impact:

Salary and benefits expenditures and reimbursements have been appropriated in the Fiscal Year 2025-2026 budget.

Reviewed by:

Attachments:

Resolution
2025-2026 through 2027-2028 MCOE Agreement
200
RESOLUTION NO. --

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CITY MANAGER TO SIGN

AN AGREEMENT WITH THE MERCED COUNTY

OFFICE OF EDUCATION FOR SCHOOL
RESOURCE SERVICES COVERING THE 2025-
2026 THROUGH 2027-2028 SCHOOL YEARS.

WHEREAS, THE Merced County Office of Education operates a school for youth of Merced County within the geographic boundaries of the City of Los Banos; and WHEREAS, the Los Banos Police Department has, for a number of years, provided a School Resource Officer (SRO) through An Agreement whereby the Office of Education reimburses the City for 75% of the Officer's salary and benefits; and WHEREAS, this agreement allows for the placement of a police officer on the school campus during school hours.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the City Manager to enter into an agreement with Merced County Office of Education for a School Resource Officer Agreement covering the 2025-2026 through 2027-2028 school years.

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
201

AGREEMENT

BETWEEN CITY OF LOS BANOS

AND MERCED COUNTY OFFICE OF EDUCATION

SCHOOL RESOURCE OFFICER PROGRAM
July 1, 2025 - June 30, 2028
THIS AGREEMENT entered into this 1st day of July 2025, by and between the City of Los Banos (hereinafter referred to as "City") and the Merced County Office of Education (hereinafter referred to as "MCOE") and terminates on June 30, 2028.

WHEREAS, MCOE and the City desire to set forth in this Agreement ("Agreement") the specific terms and conditions of the services to be performed and provided by the School Resource Officers ("SRO") at Valley Community School (hereinafter referred to as "School").

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

1.0 Goals and Objectives - It is understood and agreed that the MCOE and the City officials share the following goals and objectives with regard to the School Resource Officer Program:

1.1 To foster educational programs and activities that will increase students' and parents' knowledge of and respect for the law and the function oflaw enforcement agencies;

1.2 To encourage the SRO to attend extra-curricular activities held at school, such as parent meetings, athletic events and concerts, Back to School Night, Open House, and Graduation;

1.3 To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly conduct by trespassers, the possession and use of weapons on campus, the illegal sales and/or distribution of controlled substances, and riots;

1.4 To report serious crimes that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school;

1.5 To cooperate with law enforcements officials in their investigations of criminal offenses which occur off campus.

2.0 Employment and Assignment of SRO

2.1 The City agrees to make one SRO available during the tenn of this Agreement.

The SRO shall be an employee of the City and be subject to the administration, supervision and control of the City except as such administration, supervision and control is subject to the terms and conditions of this Agreement.

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2.2 The City agrees to provide and to pay the SRO's salary and employment benefits in accordance with the applicable salary schedules and employment practices of the City, including but not necessarily limited to: sick leave, annual leave, retirement compensation, disability salary continuation, workers compensation, unemployment compensation, life insurance, dental insurance, and medical/hospitalization insurance. The SRO shall be subject to all other personnel policies and practices of the City except as such policies or practices may have to be modified to comply with the terms and conditions of this Agreement.

2.3 The MCOE agrees to reimburse the City for Seventy-five Percent (75%) of the SRO's salary, including benefits, in an amount not to exceed $193,055 ($257,407 x .75) for the 2025-2026 school year.

2.4 The MCOE agrees to reimburse the City in two payments as follows: $96,527.50 payable on or before December 1, 2025 and $96,527.50 on or before May 1, 2026.

On or before July 1, 2026 and July 1, 2027, the City shall provide MCOE with the calculation ofMCOE's share of the total compensation for the ensuing school year. (Based on 75% of the SRO's salary, including benefits for the ensuing school year.)

2.5 The City, in its sole discretion, shall have the power and authority to hire, transfer, discharge, and discipline the SRO; however, a School representative will participate in the selection of the SRO to be placed on the School Campus. The assigned SRO will be supervised by the Chief of Police or his/her designated subordinate.

2.6 In the event an SRO is absent from work, the SRO shall notify both his/her supervisor and the principal of the School to which the SRO is assigned.

2.7 While on site additional administrative duties will be assigned by the Chief of Police or his/her designated subordinate and completed by the SRO in support of the Los Banos Police Department.

2.8 The City agrees to provide statutory workers' compensation coverage, if and as required according to California Labor Code, including Employers' Liability limits of $1,000,000.00 per accident.

3.0 Duty Hours
3 .1 The officer in charge of the SRO program shall set specific SRO duty hours at the assigned School by mutual agreement, at the direction of the principal of the School, and the SRO Supervisor. The SRO will work 40 hours per week (full-time) in and around the School during the standard school term.

3.2 The SRO is not required to be on campus on non-school days with the exception of staff in service days related to Section 7 .3.

3.3 In the event of a disaster or unusual occurrence, the SRO may be temporarily removed from the program to supplement police requirements. In the event of such

06.30.2019WAV 2
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occurrence, the MCOE's share of cost shall be suspended for the number of hours lost to the program unless another officer is provided.

3.4 The SRO will not be replaced nor will the MCOE share of cost be reduced during times when the SRO is off work due to vacation, CTO or sick leave. During times when the SRO is off work due to a non-SRO related job injury, the City shall arrange for a replacement SRO or the MCOE share of cost shall be suspended until the SRO resumes full duty on the School campus. Non-SRO related job injury is defined as an injury occurring when the SRO is not engaged in an activity outside of the scope of his/her duties as an SRO.

3.5 Planned time off, such as vacations and CTO shall be coordinated with the School Principal and his/her designee and the Chief of Police or his/her designee.

4.0 Basic Qualifications of SRO
To be a SRO, an officer must first meet all of the following basic qualifications:

4.1 Shall be a full time Police Officer with two years of law enforcement experience;

4.2 Shall possess sufficient knowledge of the applicable Federal and State Laws and Regulations;

4.3 Shall be capable of conducting in depth criminal investigations;

4.4 Shall possess an even temperament and set a good example for students; and

4.5 Shall possess communication skills, which would enable the officer to function effectively within the School environment.

5.0 Duties of SRO

5.1 The SRO shall coordinate all of his/her activities with the principal and staff members concerned and will seek permission, advice and guidance prior to enacting any program within the School;

5.2 The SRO shall develop expertise in presenting various subjects to the students, staff, parents and community. Frequency of workshops shall be at least once per quarter. Such subjects shall include, but are not limited to: a basic understanding of the law, the role of the police officer and law related areas, careers in public safety, the impact of felony convictions on future employment, etc. The SRO will collaborate with the School Principal to determine the most beneficial subjects and the target audience for each workshop;

5.3 The principal shall encourage the SRO to have individual and small group discussions with students, based upon material presented in class, to further establish rapport with students;

06.30.2019WAV 3
204

5.4 When requested by the principal, the SRO shall attend parent/staff/administrative meetings to solicit support and understanding of the program;

5.5 The SRO shall be available for conferences with students, parents and faculty members in order to assist them with problems of a law enforcement or crime prevention nature;

5.6 The SRO shall become familiar with all community agencies which offer assistance to youths and their families such as mental health clinics, drug treatment centers, etc.;

5.7 The SRO shall assist the principal in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student arrest;

5.8 Should it become necessary to conduct formal police interviews with students, the SRO shall adhere to MCOE Board Policy 5145.11, police policy and legal requirements for conducting such interviews, attached hereto and incorporated herein by this reference;

5.9 The SRO shall take law enforcement action as required. As soon as practicable, the SRO shall make the principal or his/her designee aware of such action. The SRO shall take appropriate law enforcement actions against intruders and unwanted guests who may appear at the School and related School functions, to the extent that the SRO may do so under the authority oflaw;

5.10 The SRO shall give assistance to other law enforcement personnel in matters regarding his/her School assignment, whenever necessary;

5.11 The SRO shall, whenever possible, participate in and attend School functions;

5.12 The SRO shall maintain detailed and accurate records of the operation of the SRO program. These records shall include, but are not limited to, statistical findings from his or her School. These records will be submitted to the supervisor of the SRO;

5.13 The SRO shall not act as a School disciplinarian, as disciplining students is a School responsibility. However, if the principal believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate.

6.0 Chain of Command

6.1 As an employee of the City, the SRO shall follow the chain of command as set forth in the City Policies and Procedures Manual;

6.2 In the performance of their duties, the SRO shall coordinate and communicate with the principal or the principal's designee(s) of the assigned School as set forth in this Agreement.

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7.0 Training
7 .1 The SRO shall receive training in the SRO Program. Training sessions will be conducted to provide SR Os with appropriate in-service training, such as updates in the law, in-service firearm training and law enforcement school-related training.

Additionally, the SRO shall continue to participate in all other types of training, meetings, etc., when deemed appropriate by the Chief of Police;

7.2 The MCOE also may provide training in Board of Education Policies, regulations and procedures;
7 .3 When requested by the principal, the SRO will attend professional development provided by the School when the training of the SRO is necessary to effectively implement a school program. Specifically, for the 2025-2026 through 2027-2028 school year, the principal may request that the SRO attend professional development along with school staff related to improving school culture.

8.0 Supplies and Equipment

8.1 The City agrees to provide the standard issue firearm and rounds of ammunition for the SRO;

8.2 The City agrees to provide the SRO with the required duty uniform;

8.3 The MCOE agrees to provide an office, desk, desk chair, computer and the usual and customary office supplies to the SRO.

9.0 Access to Education Records

9.1 School officials shall allow the SRO to inspect and copy any public records maintained by the School including student directory information, classroom assignments and discipline files. However, the SRO may only inspect or copy confidential student education records as allowed by law;

9.2 If some information in a student's cumulative record is needed in an emergency to protect the health or safety of the student or other individuals, School officials may disclose to the SRO that information which is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence;
9 .3 If confidential student record infonnation is needed, but no emergency situation exists, the information may be released only upon the issuance of a search warrant or subpoena to produce the records.

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10.0 Performance Evaluation

10.1 It is mutually agreed that the MCOE and the School shall evaluate annually the SRO Program and the performance of the SRO. It is further understood that the MCOE and the School's evaluation of each officer is advisory only and that the City retains the final authority to evaluate the performance of the SRO.

11.0 Term of Agreement

11.1 The term of agreement is three years, commencing on July 1, 2025, ending on June 30, 2028, unless sooner terminated in accordance with this Agreement.

12.0 Notices

12.1 All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:

A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.

B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office of mailbox.

C. Certified Mail. When mailed certified mail, return receipt requested, notice is effective upon receipt if delivery is confirmed by a return receipt.

D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on deliver, if delivery is confirmed by the delivery service.

E. Facsimile Transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective upon receipt, provided that: a.) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, orb.) the receiving party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5: 00 P .M. or on a non-business day.

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.

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Mailing and contact information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:

Merced County Office of Education
632 W. 13th Street
Merced, CA 95341
Fax (209) 381-6766
Steve M. Tietjen, Ed.D
Superintendent of Schools
(209) 381-6601
John Magneson
Asst. Superintendent, Ed. Services
(209) 381-6638
May Moua, Ed.D
Director, Educational Services
(209) 3 81-6648
Leslie Jelen, Principal
Valley Community School
(209) 827-5600
City of Los Banos
520 J Street
Los Banos, CA 93635
Fax (209) 827-7006
Gary Brizzee
Interim City Manager
(209) 827-7000
Ray Reyna
Chief of Police
(209) 827-2501
Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.

13.0 Termination
13 .1 This Agreement, notwithstanding anything to the contrary herein, may be terminated by either party at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination. 13 .2 Upon effective date of termination, MCOE shall have no further 1iability to the City, and the City shall have no further liability to the MCOE.

14.0 Disposition of Work Upon Termination

14.1 In the event of termination, all finished or unfinished documents and other materials, if any, at the option ofMCOE and to the extent permitted by law, shall become the property ofMCOE.

15.0 Modification of Agreement

15.1 Notwithstanding any of the provisions of this Agreement, the parties may agree to amend the Agreement. No alteration of the terms of this Agreement shall be valid

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unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

16.0 Indemnification of Liability

16.1 Each party shall maintain general liability insurance in an amount not less than one million seven hundred fifty thousand dollars ($1,750,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Each party's general liability policies shall be endorsed using Insurance Services Office form CG 20 10 or its equivalent to provide that the other party and its officers, officials, employees, and agents shall be additional insureds under such policies.

16.2 MCOE shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses oflitigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned SR O's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned SRO.

16.3 If the MCOE rejects a tender of defense by the City and/or the assigned SRO under this Agreement, and it is later determined that the City and/or the SRO breached no duty of care and/or was immune from liability, MCOE shall reimburse the City and/or SRO for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or SRO settles a liability claim, with or without participation by the MCOE.

16.4 The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or the assigned SRO that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the City or the assigned SRO and the absence of the assigned SRO and/or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
17 .0 Integration of Prior Terms and Conditions
17 .1 This Agreement, including all recitals, and Exhibits, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized

06.30.2019WA V 8
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agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney. or equivalent.

18.0 Applicable Law; Venue

18.1 Any dispute concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.

19. 0 Confidentiality

19.1 This Agreement shall comply with all applicable Federal, State, and County laws relating to the confidentiality of information. MCOE and City shall not publish, use or permit or cause to be published, disclosed, or use confidential infonnation pertaining to minor, without express written permission from the minor's parent or legal guardian, except as permitted by law.

20.0 Nondiscrimination in Employment, Services, Benefits and Facilities

20.1 MCOE and City shall comply with all applicable Federal, State and local anti-discrimination laws, regulations, and ordinances. Neither party shall unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of the other, or recipient of services contemplated to be provided or actually provided under this Agreement because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex sexual orientation, age ( over 40), medical condition (including HIV and AIDS), or physical or mental disability. Both parties shall ensure that evaluation and treatment of their employees and applicants for employment, and recipients of services, are free from such discrimination and harassment.

Both parties represent that they are in compliance with and agree to continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §12900 et seq.), and regulations and guidelines issued pursuant thereto.

22.0 Agency Relationship

22.1 This Agreement is not intended to and shall not; create the relationship of principal-agent, master-servant, or employer-employee between the City and MCOE.

23.0 Severability
23 .1 If a court of competent jurisdiction holds any provisions of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them will not be affected.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

MERCED COUNTY OFFICE OF EDUCATION
By: - - ------- ---- --- Steve M. Tietjen, Superintendent of Schools

CITY OF LOS BANOS
a municipal corporation
By:

Gary Brizzee, Interim City Manager
ATTEST:

By: - - - ---- ------- -- Lucille L. Mallonee, City Clerk APPROVED AS TO FORM:

By: - ---- ------ ----- William A. Vaughn, City Attorney

06.30.2019\VAV
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Date
Date
Date
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LOsBanos
,lifer nia
Agenda Staff Report
TO: Mayor and City Council Members ~
FROM: Joe Heim, Parks and Recreation Directo ~
DATE: July 16, 2025
TYPE OF REPORT: Agenda
SUBJECT: Colorado Ballpark Renovation: Project Concept and Financial Plan Recommendation:
• Approve the proposed conceptual design for the Colorado Ballpark Renovation Project; and
• Direct staff to pursue funding through a combination of available grants and a private loan financing strategy, to be repaid using the Park Development Fund. • Provide staff general project direction.

Background:

Originally opened in June 1959, Colorado Ballpark is located at 815 Colorado Avenue and shares a site with the Los Banos Municipal Airport. The facility includes three baseball fields, a skate park, two tennis courts, restrooms, and a large parking lot. It has served as the home of Los Banos Little League since 1969 and remains one of the most actively used parks in the community.

Despite its popularity, the park is significantly deteriorated. Major infrastructure concerns include outdated electrical systems, deteriorated restrooms and concession stands, and the collapse of three light poles since 2021 due to high winds. The irrigation system, installed in the 1950s, is obsolete and contributes to poor field conditions. ADA accessibility is also lacking.

The skate park, built in the late 1990s, remains popular with local skaters. However, its shallow bowl design and limited size have prompted ongoing requests for upgrades. 213
ITEM 9
Similarly, the tennis courts-constructed in the 1970s-are hindered by extensive asphalt cracking, which limits their usability.

Colorado Ballpark is located in one of the most underserved areas in the region, ranking in the highest need tier per CalEnviroScreen 4.0. The census tract ranks in the 98th percentile for asthma, 85th for cardiovascular disease, and 93rd for poverty. Median household income within a half-mile radius is only 70.6% of the statewide average ($67,425), and park access is limited, with just 2.67 acres of parkland per 1,000 residents. The area is also youth-dense, with 39.1 % of residents under age 18 and

51.2% between ages 19 and 64.

To address these challenges, the City has conducted multiple rounds of community engagement and planning. Initial outreach included Park Master Plan workshops in 2019 and 2020, a public meeting for the Rural Recreation and Tourism Grant in 2021, and renewed stakeholder meetings in 2023 with Little League and skate park users.

The Parks and Recreation Commission reviewed proposed improvements in January 2024, followed by City Council review in March 2024. In September 2024, the Council directed staff to include a splash pad in the design. The project was further refined in early 2025 through public meetings and submitted for the Outdoor Recreation Legacy Partnership (ORLP) grant, which has since been paused due to federal funding changes.

Based on extensive community feedback and site assessments, staff has determined that a full-scale renovation is necessary. The conceptual design proposes relocating Field 2 and the parking lot to create a larger, centralized lot with increased capacity and improved circulation. A new central plaza will serve as a hub connecting the ballfields and skate park, supporting both shared use and community events.

The redesign will reduce the number of on-site buildings from three to one consolidated facility, plus separate scorekeeper booths. Two equally sized smaller fields-heavily used by Little League-will enhance tournament hosting and increase youth participation. Warm-up areas and other modern amenities are also included.

Other planned improvements include a larger, modernized skate park, a landscaped and well-lit parking lot with planter medians to improve safety, and overall enhancements to accessibility and user experience. Adjacent to the skate park, a new open space will provide a family picnic and team gathering area. A walking loop will also be added around the northern fields to support passive recreation.

Discussion:

Staff provides the following funding analysis for external and internal fund options.

Available Grant Opportunities:
• In February 2025, with the support of Assemblymember Esmeralda Soria, the City Council approved a resolution accepting a $1 million Legislatively Specified Grant included in the FY 2024-25 State Budget for ADA improvements and renovations at Colorado Ballpark.
214
• In August 2025, the City will apply for the Land & Water Conservation Fund (LWCF), which could provide up to $6 million in funding with a required $3 million local match.
• Additional funding may be pursued through programs such as the Community Development Block Grant (CDBG) and various grant opportunities offered by the California Department of Parks and Recreation.

Internal Funding Resources:

The Park Development Fund is the most appropriate internal funding source. It is supported by Park Development Impact Fees authorized by California's Mitigation Fee Act (AB 1600), which funds infrastructure needed to support new development. Eligible uses include land acquisition, park development, aquatic and skate facilities.

While Colorado Ballpark is eligible for Park Development Fund use, the Fund currently supports several other key projects identified in the FY 2025-26 Budget. The following projects have funding appropriated for design, with anticipated future construction costs planned for Fiscal Year 2026-2027 and beyond.

The following table outlines projects appropriated funding for design from the Park Development Fund in Fiscal Year 2025-2026, with expected Fiscal Year 2027 and beyond construction expenditures:

Project: FY 2026-27 and Beyond Estimated
Construction Costs:

Colorado Ballpark Renovation $13,000,000
Southpointe Basin Park $850,000
Westside Dog Park $500,000
Pump Track $700,000
• Note: The Pump Track is in process to be eligible for $177,752 in state grant reimbursement.
• Note: Colorado Ballpark is in process to be eligible for $1 million reimbursement through the Legislatively Specified Grant.
• Estimates are preliminary and subject to change as project design advances.

Including the above, total projected funding impact exceeds $15 million.

The Park Development Fund is projected to have an ending balance of $10,933,028 in FY 2025-26, including projected revenue of $972,000. The Fund has averaged $951,000 in annual revenue over the past five years. This projection does not include construction costs for:
• The proposed Splash Pad, which has $100,000 allocated for design in Fiscal Year 2025-2026 from the Park Development Fund and is expected to cost $3-5 million for construction, depending on site improvements and location. • Other major unfunded projects, such as the Pacheco Park renovation or a potential new community swimming pool.
215
Given the scale of the Colorado Ballpark Renovation and to preserve the City's ability to complete multiple high-priority recreation projects, staff recommends financing the Colorado Ballpark Renovation through a loan financing, to be repaid using the Park Development Fund.

Exhibit 1 presents projected repayment schedules for potential loan financing, illustrating 10-, 20-, and 30-year repayment scenarios based on loan amounts of $3 million, $7 million, and $13 million.

Staff recommends pursuing a $7 million loan with a 20-year repayment term. This option would be supplemented by $5 million from Park Development Fund reserves and the $1 million Legislatively Specified Grant in process of award to the City, totaling a projected $13 million for the Colorado Ballpark Renovation Project.

This strategy allows the City to:
• Advance the Colorado Ballpark renovation without depleting internal funds; • Maintain flexibility to move forward with other planned projects; and • Support long-term financial sustainability of the Park Development Fund.

Staff is requesting City Council direction on the proposed conceptual design for the Colorado Ballpark Renovation Project, as well as guidance on preferred funding strategies. Approval to proceed with the conceptual design will allow the project to advance to its next phase, which includes formal review by the Airport Land Use Commission and assessment of potential impacts associated with the renovation.

The current conceptual design remains within the existing park footprint, and both topographic and geotechnical surveys have already been completed on-site.

In addition, staff recommends timely pursuit of reimbursement through the $1 million Legislatively Specified Grant to ensure the City secures funding through the State of California.

The Colorado Ballpark Renovation Project presents a transformational opportunity to create a premier sports and recreation destination for the City of Los Banos and Merced County. It will deliver high-quality, specialized amenities and serve as a landmark community asset. With its long-standing legacy in Los Banos, this project will preserve and enhance the park's role for future generations. Furthermore, the strategic use of the Park Development Fund will enable the City to invest in marquee, high-demand recreational facilities that meet the evolving needs of the community.

Fiscal Impact:

The Colorado Ballpark Renovation Project has an estimated total cost of $13 million.

The City has secured a $1 million Legislatively Specified Grant and plans to pursue additional funding through the Land & Water Conservation Fund (LWCF) and other eligible grant programs. To cover the remaining balance, staff proposes a $7 million loan with a 20-year repayment term, utilizing the Park Development Fund for loan repayment.
216
As of FY 2025-26, the Park Development Fund is projected to have an ending balance of approximately $10.93 million, with average annual revenue of $951,000. This financing strategy would:
• Enable the City to advance the Colorado Ballpark Renovation Project without fully depleting internal funds;
• Preserve flexibility to move forward with other planned park projects; and • Support the long-term financial health of the Park Development Fund.

To balance the City's long-term recreation priorities while maintaining the ability to respond to future capital needs, staff recommends pursuing a $7 million, 20-year loan.

This approach offers a sustainable repayment structure, leverages external funding opportunities, and safeguards internal resources.

Any private loan financing option will be brought back to the City Council for formal consideration and approval as a future agenda item.

Reviewed by:
13 ~
Gary Bri~ e~ m City Manager
Attachments:

Conceptual Design
Loan Repayment projection
217
LEGEND

1. Ballfield, 90' Basepaths, 300' Homerun Fence

2. Open Lawn/Worm-up Area, 14,500 s.f.

3. Trash Enclosure

4. Skate Park

5. Shade Structure With Seating

6. Drop-Off

7. Parking Lot, 172 Spaces

8. Parking Lot Lighting

9. Driveway

10. Sports Complex Entry Sign

11. Picnic Area With Shade Structure

12. Perimeter Walking Loop
)7

13. Batting Cage

14. Bio-Retention Area

15. Ballfield, 60' Basepaths. 200' Homerun Fence

16. Warning Track

17. Scoreboard

18. Dugout

19. Bullpen

20. Field Lighting

21. Bleacher

22. Restroom.Concession, and Utility Building

23. Scorekeeper's Booth

24. Maintenance Ramp

MASTER PLAN

COLORADO BALLPARK RENOVATION
Los Banos, California
n.n~
May 16, 2025
23043_MasterPlan.indd
218
Exhibit 1:
loan .$.mount S13.000,00C
Loa.'1 Amount
Loar .\rrount
-- -- - - -
TOTA1.

PERIODIC ANNUAL PRINCIPAL &
YEARS INTEREST RATE PAYl'dENI' PAYMEIII' llffERESl
1 2C
30 S7,000,00C

3.6596 S 129,467.19 S 1.SS3.G .28 S 15,536.062.80
~.Gs;: s 83,~.7.!. s 999,tGS.ss s 19,992,1n.sc

4.85;6 S 68,599.94 S 823,199.28 S 24.69S.97&.40.
- -- - --
T01Al

PERIODIC ANNUAL PRINCIPAL&
YEARS ltHEREST RATI. PAYMNi PAYMEltf lfflEREST
30 $3,000,000

3.6&_~ S 69,713.ai S
".65;: S ~4,85-'.2~ S

4.~ S 36.938,44 S
836.SS&GO S 8.365,566.00
538 . .!S0.88 S 10,765,017.SC,
443,~1.23 S 13.297,836.96.,
- -
TOTAL

PERIOOIC ANNUAL PRINCIPAL & ,
YEARS INTEREST RATf PAY PAY E UfHRE
1 30

3.6S~ S 29.sn.~ S

4.65;.: S 19,223.25 S

4.~ S 15,830. 7S S
358,S24.24 S 3.~ S.242.
230,679.0-J S 4 613,580.00
189,968.00 S S.699,010.00
219

THIS PAGE IS INTENTIONALLY LEFT BLANK
220
TO:

FROM:

DATE:

LOsBanos , > ,, ,ul 01 ,,11/,11 ""'
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Acting Public Works Director
July 16, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Los Banos Solid Waste Disposal Site (Landfill) Closure options and cost analysis
Recommendation:

Staff recommends that the City Council direct staff to proceed with the Clean Closure plan and secure financing through a private loan, to be repaid over 20 years from the Solid Waste Fund.

Background:

The City of Los Banos owns and operates the Los Banos Solid Waste Disposal Site (landfill), which is located on the same 50-acre parcel as the AG Sports Complex (APN 082-020-021 ). The landfill occupies approximately 35 acres on the eastern portion of the site.

There are minimal facilities currently on the landfill property. Two unlined Waste Management Units (WMUs), covering approximately 11.6 acres, are located on the north and west sides. The southeastern portion of the site contains two stormwater basins that serve the residential neighborhood to the south. The site is bordered by chain-link fencing.

The western portion of the parcel includes the AG Sports Complex, which features softball fields, a parking lot, dog park, and pickleball courts.

The landfill functioned as an unclassified disposal site until 2001, when the Regional Water Quality Control Board (RWQCB) adopted Waste Discharge Requirements (WDR) 221
ITEM 10
Order No. 5-01-163 on July 18, 2001, classifying the landfill as a Class Ill site for nonhazardous solid waste under Title 27 CCR Section 20005.

From 1955 to 1973, the landfill operated as a burn dump and Solid Waste Disposal Site, where municipal waste was burned in unlined trenches and then buried. From 1973 to 1994, the site was used exclusively by the City as an inert waste landfill.

Materials disposed of included plant and tree cuttings, concrete, brick, and asphalt. The last inert waste was discharged in May 1994, after which an earthen cover was placed over the site pending closure.

The waste depth reaches approximately 22 feet at its deepest point. Soil cover thickness varies from 1 to 5 feet. Waste cells contain well-burned (ash), partially burned, and un-burned municipal waste mixed with high soil content. Partially burned and un-burned municipal debris include glassware, ferrous metals, and cans. Inert waste and concrete rubble was also observed within the waste cells.

In 1991, the City retained BSK Associates (BSK) to assist with the closure process in compliance with state regulatory requirements. Since then, two closure options have been proposed. As each task within these options became necessary, the City entered into separate task-specific contracts with BSK.

In 2007 and 2015, two site investigations reported areas within the waste to contain lead concentrations exceeding the Total Threshold Limit Concentration (TTLC) of 1,000 mg/kg under 22 CCR §66261.24. Detectable dioxin was also reported in one area during the 2007 investigation.

In 2010, option one-Clean Closure-was proposed due to the lack of adequate separation, at least 5-feet, between the waste and groundwater required by Title 27, California Code of Regulation. This approach would remove all waste, eliminate the need for post-closure groundwater monitoring, and allow unrestricted land use. In July 2010, AECOM (with assistance from BSK) submitted a Preliminary Clean Closure Plan, which the RWQCB approved through a WDR amendment in 2012. A Workplan for Clean Closure was submitted by BSK in 2015; however, the RWQCB did not take formal action on the Workplan before the City began pursuing an alternative closure approach.

Between 2006 and 2017, BSK gathered groundwater quality data and evaluated the impact of the landfill to groundwater quality. A final report was submitted to the RWQCB on March 29, 2017, and was approved by the RWQCB on January 30, 2019. The RWQCB agreed with the findings of the Water Quality Protection Standards (WOPS) that the landfill has not and continues to not pose a threat to water quality.

In 2019, a Final Closure Plan was submitted to the RWQCB. The Final Closure Plan proposed to construct a CAP in lieu of clean closure. RWQCB approved through a WDR amendment in 2020, and a letter dated September 22, 2020. The approved Final Cover Plan included three layers: a 2-foot foundation layer, a 1-foot low hydraulic conductivity layer, and a 1-foot mechanically erosion-resistant layer. While this option met regulatory 222
requirements, it limited land use and required a minimum of 30 years of groundwater monitoring.

On June 15, 2022, the City Council adopted Resolution No. 6519, approving a FY 2022- 2023 budget that included $4 million for construction and post-closure monitoring of the Final Cover (cap) system. However, on September 21, 2022, the Council rejected the sole bid of $5,837,177.20, which far exceeded the budget and the 2019 engineering estimate of $2,275,273.70.

In 2024, the CAP was redesigned to reduce the amount of soil that was transported and disposed. The redesigned CAP was approved by the RWQCB on May 1, 2024 and by Merced County on May 3, 2024 with contingencies.

City staff is now requesting direction from the City Council regarding future management of the landfill.

Discussion:

There are two primary options for landfill closure: clean closure, or closure with waste in place (Cap/Final Cover).

1. Clean Closure
• Involves complete removal of all landfill waste and the decontamination or removal of associated equipment, structures, and impacted soils. • Eliminates long-term land use restrictions, enabling full site redevelopment (excluding certain uses such as schools).
• May eliminate the need for long-term groundwater and gas monitoring, although some monitoring may still be required.
• Carries the risk of uncovering hazardous waste (e.g., lead) that exceeds Billy Wright Landfill acceptance criteria, which would require disposal at more costly alternative facilities.
• Construction is dependent on the completion of the new waste cell at Billy Wright Landfill, currently estimated for Spring 2026. This timeline may present challenges in meeting the City's WDR compliance deadline of August 2027. • Upon certification of closure, the site would be eligible for significant post-closure land uses (PCLU), including golf courses, parks, habitat restoration, business or retail development, and energy projects. Proceeds from a potential land sale could help offset project costs.
• The closure plan depends on MCAG's capacity to receive approximately 130,000 tons of infill material.
• Preliminary cost estimate: $16,819,343.57, including tipping fees, contingency, and construction (see Table 1).
• Available cash in Solid Waste Fund: $10,072,318.47.
• Required financing: $6,750,00.00.
223

2. Cap (Final Cover) Option
• Involves placing a multilayered soil and clay cap over waste materials. • Lower upfront capital cost, but includes long-term post-closure maintenance and monitoring obligations.
• Requires 30+ years of groundwater monitoring and landfill gas monitoring at approximately $90,000/year, due to historical organic waste disposal and proximity to sensitive receptors.
• Limits land use to non-permeable activities (e.g., parking, community events, walking paths). Structures or sports fields are not permitted on capped areas. • The City must retain ownership of the site and remain responsible for long-term oversight.
• Preliminary cost estimate: $6,771,224.16 (see Table 2). • Additional Post-closure care (30-year monitoring): $90,513.21/year, totaling $2,715,396.30.
• Total impact including estimated Cap Closure implementation and estimated Post-closure monitoring: $9,486,620.46 • Available cash in Solid Waste Fund: $10,072,318.47.

The following table represents the cost of Financing the project:

Year: Interest Rate: Periodic Annual Total Principal
Payment: Payment: & Interest:
10 3.65% $68,747.96 $824,975.52 $8,249,755.20
20 4.65% $44,903.67 $538,844.04 $10,776,880.80
30 4.85% $37,414.91 $448,978.92 $13,469,367.60
Since 2018 the average operating income for the Solid Waste Fund is $541,765.00 annually. Staff recommends proceeding with the Clean Closure plan due to its long-term cost efficiency and land use flexibility.

Staff recommends utilizing internal financing through a private loan, to be repaid over a 20-year period from the Solid Waste Fund. Although bond financing was considered, the timeline required to secure bond funding is not feasible given the project schedule.

Staff is requesting direction from City Council on the options for the Landfill Closure project.

Fiscal Impact:

The Fiscal impact of selecting the Clean Closure option would be a preliminary cost estimate of: $16,819,343.57, requiring a total Financing amount of: $6,750,00.00. The annual payment under the recommended 20-year repayment plan is $538,844.04.

Current garbage disposal rates are sufficient to cover this annual debt obligation. The Clean Closure option would provide for the option to sell the property for development.

The Fiscal impact of selecting the Cap (Final Cover) Option would be a preliminary cost estimate of: $6,771,224.16. The Cap (Final Cover) option would also require $2,715,396.30 in monitoring expenses over the next 30 years. 224
Staff recommends that the proposed private loan financing be repaid from the Solid Waste Fund, with a 10-, 20-, or 30-year repayment term, as directed by the City Council.

Reviewed by:

GaryB
~ i?z~ terim City Manager
Attachments:

Exhibit A - Table 1 and Table 2
Site Map
225
Table 1: Clean Closure
1 Excavation & Stockpile of Cover Soil 21,000 CY $ 6.00 $ 126,000.00 2 Excavation, Segregation, Crush & Stockpile of Recoverable Concrete 7,500 CY $ 19.06 $ 142,950.QQ I I- -- - 3 Excavation & Stockpile of Waste: ash and landfillable waste, metal, gas 83,500 CY $ 6.00 $ 501,000.00 - 4 Transport Waste for Disposal ~- 83,500 CY $ 51.00 $ 4,258,500.00 - 5 landfill Tipping Fees 135,230 TON I- $ 50.00 $ 6,761,500.00 - 6 Health and Safety Plan 1 LS $ 3,800.00 7 Tranportation Plan 1 LS $ 3,800.00 - -- -- --------
8 Stormwater Permitting and Observation/SWPPP 1 LS $ ~ 34,000.00 ) 9 Air Monitoring 1 LS $ 17,000.00 - - 10 Mobilization & Demobilzation 1 LS $ 321,670.00 11 Backfilling & Grading 100,766 CY $ 11.54 $ 1,162,839.64 12 Well Destruction 3 EA Completed $
13 Other Permitting 1 LS N/A $ - - -- - - 14 Security & Fencing 4,000 FT $ 2.50 $ 10,000.00 - 15 Dust Control/Dust Control Plan 1 LS $ 25,700.00 - 16 Erosion & Landscaping 17 AC $ 5,520.00 $ 93,840.00 17 Contractor Site/Project Management 130 DAY $ 2,104.00 $ 273,520.00 - 18 QA/QC 1 LS $ 250,000.00 - 19 Surveys 1 LS $ 30,000.00 - Subtotal $ 14,016,119.64 20% Contingency $ 2,803,223.93
Total $ 16,819,343.57
Available Cash $ 10,072,318.47
Shortfall of Available Cash for Landfill Cost $ (6,747,025.10) Required Financing $ 6,750,000.00 j
226
Table 2: Cap {Final Cover Option)
y
7717777 WHi'. -1:-C IIIIITZTGPZ
1 Mobilzation 1 LS $ 320,000.00 $ 320,000.00 - 2 Excavation & Stockpile Clean Cover Soil 21,000 CY $ 6.00 $ 126,000.00 -- - 3 Excavation & Stockpile of Waste: ash and landfillabl e waste, metal, gas. 40,000 CY $ 6.00 $ 240,000.00 4 Proof-Roll Underlying Waste/Soil 14 AC $ 800.00 $ 11,200.00 -- - - - -- - - 5 Install Foundation Lay~ ~--------- 42,700 CY s 14.00 $ 597,800.00
6 Install Low Hydraulic Conductivity layer {LHCL) 20,831 CY $ 50.00 $ 1,041,550.00 7 Install Erosion-Resistant Layer 3,472 CY $ 335.00 $ 1,163,120.00 - - --- -- - ------ 8 Construct Concrete Vee-Guter 300 LF $ 180.00 $ 54,000.00 -- 9 Construct Curb Wall 311 LF $ 115.00 s 35,765.00
. -· --·-· - - ..
10 Constuct Curb and Gutter 450 LF $ 180.00 $ 81,000.00 - - 11 Construct Reyaing Wall 2,618 LF $ 270.00 $ 706,860.00 12 Oiain Link Fence w Privact Slats 2,618 LF $ 8.00 $ 20,944.00 - 13 Install ~~lnag~ Inlet 18" Drain Pip~ & Sump ~is~~ge Structure 2 EA $ 85,000.00 $ 170,000.00 - - ·· ···- ------ 14 Construct Drainage Swales & Grade Ground Surface 1 LS $ 20,000.00 $ 20,000.00 15 Install Drainage Rock 15 CY $ 800.00 $ 12,000.00 - - 16 Transport Remaining Waste for Disposal 2,000 CY $ 51.00 $ 102,000.00 Subtotal $ 4,702,239.00
20% Contingency $ 940,447.80
Total Construction Cost $ 5,642,686.80
10% Construction Management $ 564,268.68 ~
10% Construction 0/ A $ 564,268.68
Total Construction Cost $ 6,771,224.16
, - 17 Post dosure Care (30v,_r monitorin~! 30 Yr $ 90,513.21 $ 2,715,396.30 Total $ 10,050,889.14
Available Cash $ 10,072,318.47
Excess of Cash Available for landfill Cost ___i 21,429.33 Required Financing $
227
Site Map:

SPORTS COMPLEX
WEST lANDALL
SHEET C-9
AREA2
C-5

NORTH LANDFILL
AREA3
C-6
AREA4
C-7

EXISTING DRAINAGE
BASIN
I"' ■ SERVICE ROAD r ,I ,, - -~~,~. 1 .,~ , ~:,.;..J7~.,..,..L_-~:_:~ .. -"',. • I ....,__ ,-:_ -,"· 228

Los Banos City CouncilJuly 16, 2025

Los Banos City Council
July 16, 2025