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Agenda packet

Los Banos City Council
September 3, 2025

Document
Agenda packet
Meeting
September 3, 2025
Body
Los Banos City Council
Pages
11
Original file
81.2 MB
Text extracted from the city's file for reading and search. Open the original on losbanos.org. That file is the official record.

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

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
SEPTEMBER 3, 2025 - 6:00 PM
Live stream on YouTube at:
https:/lwww.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 /lame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier artfculo en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y 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 found on the City's website at the following link: https://losbanos.orq/category/city-council/ Los Banos City Council Agenda - September 3, 2025 Page 1 of 5 1 1 . CALL TO ORDER - September 3, 2025 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Certificate of Recognition - Employee of the Month for August 2025 - Teresa Nava, Part Time Recreation Assistant, Parks & Recreation Department.

B. Proclamation Recognizing California's 175th Anniversary of Statehood.

6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #253002 -#253548 in the Amount of $3,359,970.68.

Recommendation: Approve the check register as submitted.

B. City Council Meeting Minutes for August 6, 2025.

Recommendation: Approve the minutes as submitted.

C. City Council Adjourned Meeting Minutes for August 7, 2025.

Recommendation: Approve the minutes as submitted.

D. City Council Special Meeting Minutes for August 14, 2025.

Recommendation: Approve the minutes as submitted.

E. City Council Special Meeting Minutes for August 18, 2025.

Recommendation: Approve the minutes as submitted.

Los Banos City Council Agenda - September 3, 2025 Page 2 of 5 2 pgs. 1-6
pgs. 7-10
pgs. 11-17
pgs. 18-30
pgs. 31-32
pgs. 33-34
pgs. 35-36
F. City Council Special Meeting Minutes for August 25, 2025.

Recommendation: Approve the minutes as submitted.

G. City Council Resolution No. 6975 - Approving the Acceptance of a $14,874 UC Davis Koret Shelter Medicine Grant in Connection with California for All Animals Program and Amending the Fiscal Year 2025-2026 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $14,874.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6976 - Approving Amendment to the Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6977 - Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998.

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6978 - Authorizing the Chief of Police to Sign a Memorandum of Understanding with the County of Merced for the County Violence Interruption and Prevention Emergency Response (V.I.P.E.R.) Team.

Recommendation: Adopt the resolution as submitted.

K. City Council Resolution No. 6979 - Approving Parcel Map No. 2023-01, which Includes Dedications of Public Utility Easements as Shown on the Map and a 20' Widening Along Ward Road and Ward Court, Portions of APNs:
084-030-004, 084-030-047, and 084-030-048 (Guelah, LLC).

Recommendation: Adopt the resolution as submitted.

L. City Council Resolution No. 6980 - Accepting the Animal Shelter Rehabilitation Project as Complete and Authorizing the filing of a Notice of Completion with the Merced County Recorder (Taylor Backhoe Service, Inc.).

Recommendation: Adopt the resolution as submitted.

M. City Council Resolution No. 6981 - Authorizing the City Manager to Issue Purchase Orders for Equipment and Vehicles Through the Cooperative Procurement Contract with Sourcewell as Follows: Dump Truck from Gibbs International Inc. for $147,822.74, Compact Loader from Holt of California for $112,501.93, Wheel Loader with Bucket from Holt of California for $217,629.49, Backhoe from Holt of California for $169,097.32, Generator from ES Energy Systems for $138,968.78, and Tractor with Triple Flail Mower from Tiger Mowers, Inc for $271,410.03.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - September 3, 2025 Page 3of 5 3 pgs. 37-38
pgs. 39-44
pgs. 45-86
pgs. 87-120
pgs. 121-130
pgs. 131-140
pgs. 141-148
pgs. 149-174
N. City Council Resolution No. 6982 - Authorizing the Interim City Manager to Enter into an Agreement with EC America, Inc. a Subsidiary of lmmixGroup, for the Purchase of Procore Project Management Software and Amend the Fiscal Year 2025-2026 Budget by Increasing Expenditures in the Amount of $53,177.00.

Recommendation: Adopt the resolution as submitted.

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of Proposed Amendments to the Mobile Food Vendor Ordinance (Article 36 of Title 9 Chapter 3 of the Los Banos Municipal Code).
1) Ordinance No. 1209 - Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. (First Reading & Introduction)
Recommendation: Receive staff report, open public hearing, waive the first reading, and introduce the ordinance as submitted.

9. DESIGNATION OF VOTING DELEGATE AND AL TERNATE(S) FOR THE 2025

LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD OCTOBER 8-10, 2025 IN LONG BEACH, CALIFORNIA.

Recommendation: Designate a voting delegate and alternate voting delegate(s).

10. 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.

11. CITY MANAGER REPORT.

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

Los Banos City Council Agenda - September 3, 2025 Page 4 of5 4 pgs. 175-186
pgs. 187-204
pgs. 205-209

12. CITY COUNCIL MEMBER REPORTS.

A. [vacant] - District 1
B. Evan Sanders - District 2
C. Marcus Chavez - District 3
D. Deborah Lewis - District 4
E. Michael Amabile - Mayor

13. CLOSED SESSION - Public Employment; Title: City Manager & City Attorney, Pursuant to Government Code Section 54957(b).

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. £.~ f .~
Lucille L. Mallonee, City Clerk Dated this 29th day of August 2025 Los Banos City Council Agenda - September 3, 2025 Page 5of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOs Banos
At the Crossroads of California
CER. TIFICA TE OF R.ECOGNITION
Presented to

TERESA NAVA
Part Time Recreation Assistant - Parks & Recreation Department In recognition of your outstanding peiformance
and dedicated service to the City of Los <Banos and for 6eing named "P,mp[oyee of the ?rtonth "for Jlugust 2025 .ft:wartfed"Septem6er 3, 2025
Michael S. Amabile, Mayor
ITEM 5A
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 LOsBanos
At the Crossroads of California

PROCLAMATION RECOGNIZING
CALIFORNIA'S 175™ ANNIVERSARY OF STATEHOOD
WHEREAS, thousands ofyears, Native American tribes have called the land we now know as California home, cultivating the most populous and culturally rich region north of Mexico; and WHEREAS, following a complex history - including the
Treaty of Guadalupe Hidalgo and the Gold Rush of 1848 - California was admitted to the Union as the 3,st state on September 9, 1850 and is currently home to 39 million people; and
WHEREAS, for 175 years, California has stood as a beacon of innovation, diversity and resilience - leading the nation in agriculture, manufacturing, and tourism; and
WHEREAS, California's people, landscapes and spirit re fie ct a unique harmony of ambition, creativity, and inclusivity while facing adversity - California's unity and strength are what guide California's grit, determination and relentless belief in what is possible.

NOW, THEREFORE, BE IT PROCLAIMED that the
Mayor and City Council Members of the City of Los Banos do hereby recognize September 9, 2025 as California's 175th Anniversary of Statehood and encourage residents to celebrate and refiect on all the wonderful things our great state of California stands for.

In witness whereof, I have hereunto set my hand and caused to be affzxed the seal of the City of Los Banos, this 3rd day of September, 2025.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
9 ITEM 5B

THIS PAGE IS INTENTIONALLY LEFT BLANK
10 Ck# 253002 - # 253548 09/03/2025 $3,359,970.68
Los Banos \r ,,., C.1t>S5,.,.,J, of ( .. hf<>• ni<1
Check Number Payment Date Vendor Module Payment Type Payment amount 253002 08/01/2025 Agile Occupational Medicine PC Accounts Payable Check 140.00 253003 08/01/2025 Sara Blevins Accounts Payable Check 422.50 253004 08/01/2025 John Butler Accounts Payable Check 187.50 253005 08/01/2025 Bradley Ellien Accounts Payable Check 850.00 253006 08/01/2025 Daniel Freeman Accounts Payable Check 450.00 253007 08/01/2025 Eric Gallichio Accounts Payable Check 325.00 253008 08/01/2025 Liebert Cassidy Whitmore Accounts Payable Check 9,487.50 253009 08/01/2025 Gerald "Obie" O'Brien Accounts Payable Check 77.14 253010 08/01/2025 Juan Ramirez Accounts Payable Check 165.90 253011 08/01/2025 Ronny's Inc. Accounts Payable Check 185,116.35 253012 08/01/2025 State Water Resources Control Board Accounts Payable Check 165.00 253013 08/01/2025 Tymco, Inc. Accounts Payable Check 378,596.82 253014 08/01/2025 Law Offices of William A Vaughn Accounts Payable Check 14,700.00 253015 08/01/2025 Animal Damage Management, Inc. Accounts Payable Check 4,361.00 253018 08/01/2025 AT&T Mobility Accounts Payable Check 5,410.27 253019 08/01/2025 Barton Overhead Door Inc Accounts Payable Check 1,290.25 253020 08/01/2025 Beam Insurance Administrators LLC Accounts Payable Check 23,746.59 253021 08/01/2025 BlueTriton Brands, Inc. Accounts Payable Check 181.83 253022 08/01/2025 Stericycle Inc Accounts Payable Check 227.74 253023 08/01/2025 BSK Associates Accounts Payable Check 1,138.73 253024 08/01/2025 Burton's Fire Inc. Accounts Payable Check 52,779.19 253025 08/01/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 1,911.00 253026 08/01/2025 California Building Standards Commission Accounts Payable Check 920.70 253027 08/01/2025 Cal Traffic Accounts Payable Check 5,390.40 253028 08/01/2025 Capital One Accounts Payable Check 554.08 253029 08/01/2025 CDTFA California Dept. of Tax & Fee Accounts Payable Check 1,091.00 253030 08/01/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 908.61 253031 08/01/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 253032 08/01/2025 Cintas Corporation No.2 Accounts Payable Check 109.11 253033 08/01/2025 Central Valley Concrete Inc. Accounts Payable Check 1,195.16 253034 08/01/2025 Comcast Accounts Payable Check 226.32 253035 08/01/2025 Division of the State Architect Accounts Payable Check 223.40 253036 08/01/2025 Dos Palos Publishing Company Accounts Payable Check 80.00 253037 08/01/2025 Dept of Conservation Div of Adm in Services Accounts Payable Check 4,458.13 253038 08/01/2025 Dept of Motor Vehicles Accounts Payable Check 2,792.00 253039 08/01/2025 Duncan Printing Co. Inc. Accounts Payable Check 833.13 253040 08/01/2025 Electric Drives Inc Accounts Payable Check 312.50 253041 08/01/2025 Federal Express Corporation Accounts Payable Check 60.61 253042 08/01/2025 Foster Bros Security Systems Inc. Accounts Payable Check 63.08 253043 08/01/2025 Green Rubber Kennedy AG LP Accounts Payable Check 18,856.47 253044 08/01/2025 Home Depot Accounts Payable Check 7,537.14 253047 08/01/2025 Charles A. Edler Accounts Payable Check 656.00 253048 08/01/2025 J.J.R. Enterprises Inc. Accounts Payable Check 147.91 253049 08/01/2025 Key Seal Products, Inc. Accounts Payable Check 279.37 253050 08/01/2025 Kully Supply, Inc. Accounts Payable Check 4,354.62 253051 08/01/2025 SCP Distributors LLC Accounts Payable Check 1,030.04 253052 08/01/2025 Locality Media, Inc. Accounts Payable Check 27,510.00 253053 08/01/2025 Mark A Tovar Accounts Payable Check 3,745.00 253054 08/01/2025 Tires to you Inc Accounts Payable Check 466.53 253055 08/01/2025 Marfab Inc Accounts Payable Check 322.76 ITEM 7A
11 253056 08/01/2025 McNamara Sports Inc Accounts Payable Check 1,278.32 253057 08/01/2025 Merced Chevrolet Inc. Accounts Payable Check 703.82 253058 08/01/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 1,277.77 253059 08/01/2025 NDN International LLC Accounts Payable Check 4,144.27 253060 08/01/2025 Kevin M Nelson Accounts Payable Check 200.00 253061 08/01/2025 OSE Accounts Payable Check 353.82
253062 08/01/2025 O'Reilly Auto Parts Accounts Payable Check 587.69 253063 08/01/2025 PG&E Company Accounts Payable Check 13,131.58 253064 08/01/2025 Peninsula Clean Energy Authority Accounts Payable Check 16,469.27 253065 08/01/2025 Phoenix Group Information Systems Accounts Payable Check 2,857.51 253066 08/01/2025 Lorena Perez Accounts Payable Check 350.00 253067 08/01/2025 Quality Logo Products, Inc. Accounts Payable Check 953.38 253068 08/01/2025 RAT Incorporated Accounts Payable Check 140.00 253069 08/01/2025 Reliance Standard Life Insurance Company Accounts Payable Check 6,532.39 253071 08/01/2025 Ronny's Inc. Accounts Payable Check 350.00 253072 08/01/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 12,355.44 253073 08/01/2025 Sally Swanson Architects, Inc. Accounts Payable Check 947.50 253074 08/01/2025 Save Mart Supermarkets Accounts Payable Check 127.06 253075 08/01/2025 Sherwin Williams Co Accounts Payable Check 805.05 253076 08/01/2025 Robert & Susan Hansen Accounts Payable Check 143.55 253077 08/01/2025 Sorensens True Value Accounts Payable Check 294.75 253080 08/01/2025 Sun Ridge Systems, Inc. Accounts Payable Check 51,042.00 253081 08/01/2025 Sophia Santoyo Accounts Payable Check 600.00 253082 08/01/2025 T-Mobile USA Inc. Accounts Payable Check 522.72 253083 08/01/2025 Terryberry Company LLC Accounts Payable Check 394.37 253084 08/01/2025 Cal Mat Co. Accounts Payable Check 738.76 253085 08/01/2025 Uline, Inc. Accounts Payable Check 623.05 253086 08/01/2025 Underground Service Alert of Accounts Payable Check 3,447.23 253087 08/01/2025 Unique Glass Accounts Payable Check 196.68 253088 08/01/2025 Vestis Group, Inc. Accounts Payable Check 680.16 253089 08/01/2025 Vestis Accounts Payable Check 572.42
253090 08/01/2025 Westside Veterinary Service, Inc. Accounts Payable Check 176.19 253091 08/01/2025 Westside Water Conditioning Accounts Payable Check 62.95 253092 08/01/2025 Windecker Inc Accounts Payable Check 4,282.93 253093 08/01/2025 Young's Air Conditioning Accounts Payable Check 643.77 253208 08/06/2025 Aflac-Customer Service Accounts Payable Check 215.93 253209 08/06/2025 AFSCME District Council 57 Accounts Payable Check 2,391.35 253210 08/06/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,621.32 253211 08/06/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,967.00 253212 08/06/2025 Los Banos Police Assn Accounts Payable Check 1,015.00 253213 08/06/2025 Los Banos Police Assn. Accounts Payable Check 315.00 253214 08/06/2025 M issionSq uare Accounts Payable Check 920.89 253215 08/06/2025 MissionSquare Accounts Payable Check 9,225.00 253216 08/06/2025 Nationwide Retirement Solutions Accounts Payable Check 4,086.49 253217 08/06/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.16 253218 08/06/2025 State Disbursement Unit Accounts Payable Check 1,471.00 253220 08/08/2025 David Anderson Accounts Payable Check 615.00 253221 08/08/2025 Employment Development Dept Accounts Payable Check 3,516.00 253222 08/08/2025 Imagine Way More LLC Accounts Payable Check 7,500.00 253223 08/08/2025 Laboratory Corporation of America Holdings Accounts Payable Check 397.95 253224 08/08/2025 Liebert Cassidy Whitmore Accounts Payable Check 864.00 253225 08/08/2025 Ramon McDonald Accounts Payable Check 120.00 253226 08/08/2025 Adriana Robledo Accounts Payable Check 95.00 253227 08/08/2025 Zachary Sawyer Accounts Payable Check 400.00 253228 08/08/2025 Domingo Sandoval Accounts Payable Check 800.00 253229 08/08/2025 AAA Business Supplies Accounts Payable Check 409.02 253230 08/08/2025 Anderson Pump Company Inc Accounts Payable Check 356.65 253231 08/08/2025 Animal Damage Management, Inc. Accounts Payable Check 485.00 253232 08/08/2025 Airgas, Inc. Accounts Payable Check 560.45 12 253233 08/08/2025 AT&T Accounts Payable Check 63.12
253234 08/08/2025 Esmeralda Anguiano Accounts Payable Check 350.00 253235 08/08/2025 Backflow Apparatus & Valve Co. Accounts Payable Check 993.83 253236 08/08/2025 Belkorp Ag, LLC Accounts Payable Check 316.36 253237 08/08/2025 Boot Barn Accounts Payable Check 322.97 253238 08/08/2025 Brinks Inc. Accounts Payable Check 1,086.38 253239 08/08/2025 BSK Associates Accounts Payable Check 829.66 253240 08/08/2025 Burton's Fire Inc. Accounts Payable Check 3,572.63 253241 08/08/2025 CALED Accounts Payable Check 800.00
253242 08/08/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 588 .00
253243 08/08/2025 Caliber Bodyworks, Inc. Accounts Payable Check 3,262.05 253244 08/08/2025 Cen-Cal Air Accounts Payable Check 325 .00
253245 08/08/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 78.30 253246 08/08/2025 Challenger Teamwear Accounts Payable Check 486 .16
253247 08/08/2025 Central Sanitary Supply, LLC Accounts Payable Check 766 .15
253248 08/08/2025 Comcast Accounts Payable Check 265.98 253249 08/08/2025 Copy Shipping Solutions Accounts Payable Check 304 .41
253250 08/08/2025 Luis Canales Accounts Payable Check 350.00 253251 08/08/2025 Dos Palos Publishing Company Accounts Payable Check 310.00 253252 08/08/2025 Dept of Housing & Community Development State NSP Accounts Payable Check 9,720.00 253253 08/08/2025 Employee Relations, Inc. Accounts Payable Check 600.00 253254 08/08/2025 Federal Express Corporation Accounts Payable Check 311.38 253255 08/08/2025 Fehr & Peers Accounts Payable Check 8,021 .25
253256 08/08/2025 Go To Communications, Inc. Accounts Payable Check 3,763.77 -253257 08/08/2025 Halcyon Creek Inc. Accounts Payable Check 34,041.76 253258 08/08/2025 Hillas Appraisal Company, LLc Accounts Payable Check 4,000.00 253259 08/08/2025 Hi Tech Emergency Vehicle Services, Inc Accounts Payable Check 17,636.85 253260 08/08/2025 Hoffman Electronic Systems Accounts Payable Check 2,208.48 253261 08/08/2025 Holt of California Accounts Payable Check 1,087.81 253262 08/08/2025 ICC Codification, Inc. Accounts Payable Check 804.00 253263 08/08/2025 I nfoSend Inc. Accounts Payable Check 20,029.14 253264 08/08/2025 JJ
.R. Enterprises Inc. Accounts Payable Check 3,366.21
253265 08/08/2025 J. Moraga Construction Accounts Payable Check 1,000.00 253266 08/08/2025 Los Banos Veterinary Services Accounts Payable Check 3,233.19 253267 08/08/2025 Mark Thomas & Company. Inc. Accounts Payable Check 5,393.40 253268 08/08/2025 Mark A Tovar Accounts Payable Check 5,047.88 253269 08/08/2025 Tires to you Inc Accounts Payable Check 180.24 253270 08/08/2025 Marfab Inc Accounts Payable Check 654 .13
253271 08/08/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 253272 08/08/2025 McCrometer Inc. Accounts Payable Check 5,483.11 253273 08/08/2025 Merced County Tax Collector Accounts Payable Check 90.17 253274 08/08/2025 Madera Uniform & Accessories Accounts Payable Check 41.33 253275 08/08/2025 Mike John Hausmann Accounts Payable Check 2,040 .65
253276 08/08/2025 Moody's Investors Service Inc. Accounts Payable Check 3,000 .00
253277 08/08/2025 Monica Silva Accounts Payable Check 600.00 253278 08/08/2025 Napa Auto Parts of Los Banos Accounts Payable Check 133.50 253279 08/08/2025 OCV, LLC Accounts Payable Check 8,990 .00
253280 08/08/2025 O'Dell Engineering Accounts Payable Check 7,036 .25
253281 08/08/2025 OSE Accounts Payable Check 39.12
253282 08/08/2025 O'Reilly Auto Parts Accounts Payable Check 1,165 .55
253283 08/08/2025 PG&E Company Accounts Payable Check 258,258.05 253284 08/08/2025 Pace Supply Corp. Accounts Payable Check 2,381.52 253285 08/08/2025 Placer Labs, Inc. Accounts Payable Check 21,706 .00
253286 08/08/2025 Precision Civil Engineering, Inc Accounts Payable Check 1,620 .00
253287 08/08/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 5,853.80 253288 08/08/2025 Purchase Power Inc Accounts Payable Check 3,158.24 253289 08/08/2025 Protech Security & Electronics, Inc. Accounts Payable Check 261.00 253290 08/08/2025 RAT Incorporated Accounts Payable Check 470.00 253291 08/08/2025 Riggs Ambulance Service Accounts Payable Check 577.52 13 253292 08/08/2025 SJVAPCD Accounts Payable Check 247 .00
253293
08/08/2025 Save Mart Supermarkets Accounts Payable Check 97 .22
253294 08/08/2025 Sherwin Williams Co Accounts Payable Check 166.51 253295 08/08/2025 Sorensens True Value Accounts Payable Check 1,190 .16
253298 08/08/2025 Specialty Ho
se Xpress, LLC Accounts Payable Check 137.03
253299 08/08/2025 Stryker Sales, LLC Accounts Payable Check 6,655 .04
253300 08/08/2025 Superior Pool Products, LLC Accounts Payable Check 17,569.25 253301 08/08/2025 Vanessa Salazar Accounts Payable Check 300.00 253302 08/08/2025 Taylor Backhoe Service, Inc. Accounts Payable Check 5,864.54
253303 08/08/2025 Technicon Engineering Services, Inc. Accounts Payable Check 6,062.00
253304 08/08/2025 Tesco Control
s, Inc.

Accounts Payable Check 216
.00
253305 08/08/2025 The Heil co Ac
counts Payable Check 238
.00
253306 08/08/2025 Thirkettle Corporation Accounts Payable Check 61,673 .04
253307 08/08/2025 CalMat Co. Accounts Payable Check
1,241.63
253308 08/08/2025 Turlock Sheet Metal & Welding Inc. Accounts Payable Check 5,710.56
253309 08/08/2025 United Site Services, Inc. Accounts Payable Check 133 .25
253310 08/08/2025 us Bank Corp Pymt System Accounts Payable Check 26 ,022.04
253311 08/08/2025 USA Blue Book Accounts Payable Check 36.86 253312 08/08/2025 Vestis Group, Inc. Accounts Payable Check 807 .97
253313 08/08/2025 Vestls Accounts Payable Check
1,236.52
253314 08/08/2025 Verizon Wireless Accounts Payable Check 125.55 253315 08/08/2025 Westside Water Conditioning Accounts Payable Check 836 .65
253316 08/08/2025 West Publishing Corporation Accounts Payable Check 980 .38
253317 08/08/2025 Western Valley Insurance Accounts Payable Check 11 ,054.00
253318 08/08/2025 Williams Scotsman, Inc. Accounts Payable Check 3,267.48
253319 08/08/2025 Windecker Inc Accounts Payable Check 28 ,025.14
253320 08/08/2025 Young's Air Conditioning Accounts Payable Check 11,599.51 253347 08/15/2025 Agile Occupational Medicine PC Accounts Payable Check 65 .00
253348 08/15/2025 Michael Amabile Accounts Payable Check 491.40 253349 08/15/2025 Anabasis LLC Accounts Payable Check 42 ,107.22
253350 08/15/2025 EMC Planning Group Inc Accounts Payable Check 4,887 .68
253351 08/15/2025 Luis Hurtado Jr. Accounts Payable Check 201.40 253352 08/15/2025 Liebert Cassidy Whitmore Accounts Payable Check 525 .00
253353 08/15/2025 Mark Thomas & Company. Inc. Accounts Payable Check 3,375.64
253354 08/15/2025 Zachary Sawyer Accounts Payable Check 450 .00
253355 08/15/2025 State Water Resources Control Board Accounts Payable Check 50 .00
253356 08/15/2025 Agee Construction Corporation Accounts Payable Check 454,651.00 253357 08/15/2025 Alves Management, Inc Accounts Payable Check 644 .00
253358 08/15/2025 Anthony Gomes Accounts Payable Check 400 .00
253359 08/15/2025 AT&T Mobility Accounts Payable Check 584.08 253360 08/15/2025 AT&T Accounts Payable Check 3,213.55
253361 08/15/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 200.00 253362 08/15/2025 Borges & Mahoney Company Accounts Payable Check 2,685.96 253363 08/15/2025 BSK Associates Accounts Payable Check 559 .46
253364 08/15/2025 BWR Tools LLC Accounts Payable Check 67 .21
253365 08/15/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 885 .00
253366 08/15/2025 Cen-Cal Air Accounts Payable Check 325.00 253367 08/15/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 253368 08/15/2025 Cintas Corporation No.2 Accounts Payable Check 145 .05
253369 08/15/2025 Central Sanitary Supply, LLC Accounts Payable Check 764 .58
253370 08/15/2025 Central Valley Concrete Inc. Accounts Payable Check 2,317 .46
253371 08/15/2025 Clark Pest Control Inc Accounts Payable Check 119.00 253372 08/15/2025 Cook's Communications Corp. Accounts Payable Check 165.00 253373 08/15/2025 Copy Shipping Solutions Accounts Payable Check 739 .50
253374 08/15/2025 CSG Consultants Inc. Accounts Payable Check 111,079 .01
253375 08/15/2025 Dos Palos Publishing Company Accounts Payable Check 600 .00
253376 08/15/2025 Dept of Transportation Accounts Payable Check 8,991.90 253377 08/15/2025 Electric Drives Inc Accounts Payable Check 34 .48
253378 08/15/2025 Fehr & Peers Accounts Payable Check 22 ,682.63
14 253379 08/15/2025 Ferguson Enterprises Inc DBA Groeniger & Company Accounts Payable Check 3,941 .26
253380 08/15/2025 Frasier Irrigation a Div. of Landmark Irrigation Accounts Payable Check 482 .21
253381 08/15/2025 Government Revenue Solutions Holdings I, LLC Accounts Payable Check 787.50 253382 08/15/2025 Grainger Parts Operations Accounts Payable Check 3,665.33 253383 08/15/2025 Hach Company Accounts Payable Check 1,834.62 253384 08/15/2025 Halcyon Creek Inc. Accounts Payable Check 4,099.21 253385 08/15/2025 Holt of California Accounts Payable Check 617.00 253386 08/15/2025 Charles A. Edler Accounts Payable Check 584.00 253387 08/15/2025 Phil Jacob Accounts Payable Check 450.00 253388 08/15/2025 JWC Environmental Inc. Accounts Payable Check 30,047.40 253389 08/15/2025 TimJ Law Accounts Payable Check 3,200 .00
253390 08/15/2025 Los Banos Veterinary Services Accounts Payable Check 8,715.95
253391 08/15/2025 Tires to you Inc Accounts Payable Check 14,097 .86
253393 08/15/2025 Marfab Inc Accounts Payable Check 41.51 253394 08/15/2025 Merced County Regional Waste Management Authority Accounts Payable Check 7,253.85 253395 08/15/2025 Mission Merced Incorporated Accounts Payable Check 12,539.64 253396 08/15/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 1,485.92 253397 08/15/2025 Murdock Super Secure MFG, Co Accounts Payable Check 4,024.14 253398 08/15/2025 NDN International LLC Accounts Payable Check 2,095.66 253399 08/15/2025 David Oliveira Accounts Payable Check 3,742.00 253417 08/15/2025 Outback Fire Apparatus, Inc. Accounts Payable Check 198,394.00 253418 08/15/2025 Pace Supply Corp. Accounts Payable Check 3,961.44
253419 08/15/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 25,427.20 253420 08/15/2025 Protech Security & Electronics, Inc. Accounts Payable Check 189.00 253421 08/15/2025 Ralph Anderson & Associates Accounts Payable Check 8,850.00 253422 08/15/2025 RMGY Inc. Accounts Payable Check 153.82 253423 08/15/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 50.74 253424 08/15/2025 Save Mart Supermarkets Accounts Payable Check 70.67 253425 08/15/2025 Sorensens True Value Accounts Payable Check 737 .32
253427 08/15/2025 Stantec Consulting Services, Inc. Accounts Payable Check 14,401.25 253428 08/15/2025 The Ed Jones Company Accounts Payable Check 159.50 253429 08/15/2025 The Heil co Accounts Payable Check 5,710.74 253430 08/15/2025 Townsend Public Affairs, Inc. Accounts Payable Check 5,000 .00
253431 08/15/2025 Tractor Supply Credit Plan Accounts Payable Check 73.94 253432 08/15/2025 USA Blue Book Accounts Payable Check 288.81 253433 08/15/2025 Vanir Construction Management, Inc. Accounts Payable Check 17,900.00 253434 08/15/2025 Vestis Group, Inc. Accounts Payable Check 522.24 253435 08/15/2025 Vestis Accounts Payable Check 922.20
253436 08/15/2025 Verizon Wireless Accounts Payable Check 1,794.95 253437 08/15/2025 Video Inspection Specialists, Inc. Accounts Payable Check 5,543.75 253438 08/15/2025 Westside Water Conditioning Accounts Payable Check 193.50 253439 08/15/2025 Williams Scotsman, Inc. Accounts Payable Check 6,534.96 253440 08/15/2025 Windecker Inc Accounts Payable Check 4,899 .06
253441 08/15/2025 Young's Air Conditioning Accounts Payable Check 1,280.00 253442 08/18/2025 Ronny's Inc. Accounts Payable Check 62,506 .05
253445 08/18/2025 Ronny's Inc. Accounts Payable Check 113,617.23 253448 08/18/2025 Ronny's Inc. Accounts Payable Check 3,721.45 253453 08/22/2025 Aflac-Customer Service Accounts Payable Check 215.93 253454 08/22/2025 AFSCM E District Council 5 7 Accounts Payable Check 2,400.02 253455 08/22/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,967.00 253456 08/22/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,744.26 253457 08/22/2025 Los Banos Fitness & Racquet Club Accounts Payable Check 155.00 253458 08/22/2025 Los Banos Police Assn Accounts Payable Check 1,015.00 253459 08/22/2025 Los Banos Police Assn. Accounts Payable Check 315.00 253460 08/22/2025 MissionSquare Accounts Payable Check 920.89 253461 08/22/2025 MissionSquare Accounts Payable Check 12,375.00 253462 08/22/2025 Nationwide Retirement Solutions Accounts Payable Check 4,186.49 253463 08/22/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.15 253464 08/22/2025 State Disbursement Unit Accounts Payable Check 1,471.00 15 253465 08/22/2025 Todd Bodem Accounts Payable Check 158.55 253466 08/22/2025 Bradley Ellien Accounts Payable Check 450.00 253467 08/22/2025 Jennifer Loa Accounts Payable Check 134.46 253468 08/22/2025 Lucille L Mallonee Accounts Payable Check 212.82 253469 08/22/2025 Stephen O'Day Accounts Payable Check 95.00 253470 08/22/2025 Jesus Parras Accounts Payable Check 95.00 253471 08/22/2025 Rolfe Construction Inc. Accounts Payable Check 165,972.45 253472 08/22/2025 Domingo Sandoval Accounts Payable Check 300.00 253473 08/22/2025 Westamerica Bank
- Cafeteria Plan Accounts Payable Check 107,489.03
253474 08/22/2025 APLPD Holdco, Inc. Accounts Payable Check 348.86 253475 08/22/2025 Moises Lorenzo Aviles Accounts Payable Check 60.00 253476 08/22/2025 Dorothy June Baker Accounts Payable Check 109 .29
253477 08/22/2025 Richard Barcellos Accounts Payable Check 1,517.32 253478 08/22/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 80 .00
253479 08/22/2025 Bl ueglobes LLC Accounts Payable Check 1,020.99 253480 08/22/2025 Bright Path Enterprises Accounts Payable Check 434.99 253481 08/22/2025 BSK Associates Accounts Payable Check 7,347.50 253482 08/22/2025 Burton's Fire Inc. Accounts Payable Check 170.85 253483 08/22/2025 Carollo Inc. Accounts Payable Check 13,325.80 253484 08/22/2025 Clark Pest Control Inc Accounts Payable Check 98 .00
253485 08/22/2025 CSG Consultants Inc. Accounts Payable Check 176.25 253486 08/22/2025 David Cummins Accounts Payable Check 375.00 253487 08/22/2025 Melissa Chavez Accounts Payable Check 350.00 253488 08/22/2025 Yvonne Crespin Accounts Payable Check 600.00 253489 08/22/2025 D & D Pest Control Accounts Payable Check 167.00 253490 08/22/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 253491 08/22/2025 Dos Palos Publishing Company Accounts Payable Check 300.00 253492 08/22/2025 Galls Inc Accounts Payable Check 873.21 253493 08/22/2025 Galvin Preservation Associates, Inc. Accounts Payable Check 575.24 253494 08/22/2025 Gouveia Engineering Inc. Accounts Payable Check 35,302.21 253495 08/22/2025 Halcyon Creek Inc. Accounts Payable Check 1,673.25 253496 08/22/2025 Marfab Inc Accounts Payable Check 554.28 253497 08/22/2025 Max's Mobile Truck Repair Accounts Payable Check 730 .00
253498 08/22/2025 Merced County Sheriff's Office Accounts Payable Check 6,296.14 253499 08/22/2025 Merced Truck & Trailer Inc Accounts Payable Check 843.06 253500 08/22/2025 Madera Uniform & Accessories Accounts Payable Check 91.35 253501 08/22/2025 Cynthia Leanos Martinez Accounts Payable Check 600.00 253502 08/22/2025 NDN International LLC Accounts Payable Check 70.34 253503 08/22/2025 Karina Navarro Accounts Payable Check 350.00 253504 08/22/2025 O'Reilly Auto Parts Accounts Payable Check 89.62 253506 08/22/2025 OpenGov, Inc Accounts Payable Check 33,006.36 253507 08/22/2025 Pitney Bowes Inc Accounts Payable Check 498.59 253508 08/22/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 39,956 .60
253509 08/22/2025 Ronny's Inc. Accounts Payable Check 1,470 .00
253510 08/22/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 857.94 253511 08/22/2025 Save Mart Supermarkets Accounts Payable Check 79.86 253512 08/22/2025 Sorensens True Value Accounts Payable Check 426.03 253513 08/22/2025 Anthony Benancio Salinas Accounts Payable Check 15.00 253514 08/22/2025 Technicon Engineering Services, Inc. Accounts Payable Check 1,173.00 253515 08/22/2025 Terryberry Company LLC Accounts Payable Check 221.39 253516 08/22/2025 Anthony Angel Torres Accounts Payable Check 6.00 253517 08/22/2025 Karen Torres Accounts Payable Check 600.00 253518 08/22/2025 Uline, Inc. Accounts Payable Check 417.03 253519 08/22/2025 US Bank Corp Pymt System Accounts Payable Check 58,588 .70
253521 08/22/2025 vestis Group, Inc. Accounts Payable Check 42.08 253522 08/22/2025 Vestis Accounts Payable Check 669.94
253523 08/22/2025 Verizon Wireless Accounts Payable Check 236.52 253524 08/22/2025 Windecker Inc Accounts Payable Check 4,253.74 16 Break in check sequence due to the following:

Check #253016 - #253017 (Manual Void)
Check #253045 - #253046 (Manual Void)
Check #253070 (Manual Void)
Check #253078 - #253079 {Manual Void)
Check #253094 - #253204 (Utility Billing)
Check #253205 - #253207 (Payroll)
Check #253219 (Payroll)
Check #253296 • #253297 (Manual Void)
Check #253321 - #253346 (Utility Billing)
Check #253392 (Manual Void)
Check #253400- #253416 (Manual Void)
Check #253426 (Manual Void)
Check #253443 - #253444 (Manual Void)
Check #253446 - #253447 (Manual Void)
Check #253449 (Manual Void)
Check #253450- #253452 (Payroll)
Check #253505 (Manual Void)
Check #253520 (Manual Void)
Check #253525 - #253548 (Utility Billing)
Payment Type
Regular Checks
Manual Voids
Voided Checks
344
33 0
3,359,970.68
0 3,359,970.68
17 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
AUGUST 6, 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 Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: Council Member Evan Sanders - District 2 STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Police Chief Reyna, Acting Public Works Director/Parks & Recreation Director Heim, Fire Chief Tualla, Finance Director Moreno
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that they will be moving item 11 - Consideration of Approval of 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 to be presented and considered before the Consent Agenda.

Motion by Chavez, seconded by Lewis to approve the agenda as amended, moving item 11 - Consideration of Approval of 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. The motion carried by the affirmative action of all Council Members present, Sanders absent.

PRESENTATIONS.

CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR JULY 2025 - ADRIANNA VIERRA, ADMIN CLERK I, PUBLIC WORKS DEPARTMENT. Mayor Amabile presented the certificate to Adrianna Vierra, who was present to accept.

PROCLAMATION RECOGNIZING THE RETIREMENT OF POLICE SERGEANT NATHAN BOWLING. Mayor Amabile presented the proclamation. 18 ITEM 7B
PROCLAMATION RECOGNIZING LOS BANOS LITTLE LEAGUE 12 YEARS OLD AND UNDER ALL-STAR TEAM. Mayor Amabile presented the proclamation to the team, who was present to accept.

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.

BLANCHE JORGE, downtown resident, spoke about preserving the history of the original funeral home/A&E church/old police department building. She requested that some of the building's original features be retained in redevelopment. She also urged consideration of pet-friendly amenities in downtown and future developments, noting that many households have dogs and some new homes now include cat runs; CARLOS FLORES spoke regarding the urgent need for a new hospital, sharing that his mother-in-law was recently admitted and the doctor noted there are only six beds available for a population of 50,000. He stated the community is "screaming" for a hospital and asked the City to prioritize it. He also addressed the need for affordable housing, explaining that many residents must leave Los Banos to find rentals; ANDREA TRUDELLE asked about the City's funding for the homeless and questioned why individuals were relocated from behind McDonald's to tents near the new police department. She called for more humane solutions such as cooling shelters during the hot summers and stated that the homeless population has grown significantly since 2008; MITY PEREZ announced her candidacy for City Council, District 1. She shared her background and priorities, including growth and the need for more schools, preserving Los Banos' history, public safety, addressing homelessness, supporting industrial and housing development for jobs, expediting the hospital project, and filling vacant leadership roles. She committed to working with Council on a 100-day action plan; KATHY BALLARD, Los Banos resident, praised the National Night Out event, described it as wonderful, and expressed appreciation for the Council's work; UNNAMED SPEAKER thanked the Mayor and Council Member Lewis for attending community park events and emphasized that although City Council is a part-time role, it requires full-time commitment. He praised the success of National Night Out and noted the positive impact on community morale; City Clerk Mallonee read a letter from JULIE CREIGHTON concerning potential hazardous materials issues at the airport and the Colorado Ball Fields project. The Mayor clarified that past contamination was remediated, city wells have never been affected, and wells are regularly monitored. He stated improvements will be on the existing ballpark footprint, and dirt will be inspected during construction. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF 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 (Continued from the July 20, 2025 Council 19 Meeting}. Acting Public Works Director/Parks & Recreation Director Heim presented the staff report noting The lease terms include a monthly rent of $2,500 for the first year and $2,600 for the second year, reflecting a 20.83% increase in the first year and a 4% increase in the second year. Pennington is responsible for custodial services, as well as opening and closing the facility, while providing affordable daycare, including subsidized childcare for low-income families. The lease agreement, which began in 2010, is now in its third amendment. The facility itself has served as a daycare for approximately 43 years.

Staff noted complications with utility billing . PG&E costs are being paid by the tenant, while water billing has been delayed due to an issue with the meter, which is being addressed so that the tenant can begin paying those costs. Additional background information included a review of the facility's history, the lack of daycare facilities in the community, and the fact that the site has previously housed daycare tenants prior to Pennington. A comparison was made between the Ranchwood site and the College Greens facility. Staff explained that College Greens is heavily used for community events and generates significant rental revenue, $24,275 in FY23, $23,600 in FY24, and $40,900 in FY25, whereas the Ranchwood facility provides a needed daycare service. Unlike College Greens, which requires City staff support for opening, closing, maintenance, and overtime, Pennington's daycare manages its own operations independently.

Mayor Amabile invited the public to come forward and speak. MARLENE PENNINGTON, owner of Pennington's Daycare, addressed the council and spoke about the center's 44- year history in the community. She explained that her facility currently serves 45 children and is one of the only private daycare centers in Los Banos open from 6 a.m. to 6 p.m.

She expressed concern over whether the city was planning to sell the building or was seeking additional revenue and stressed the negative impact non-renewal of the lease would have on parents and families. She stated her hope that the city would renew the lease to allow Pennington's to continue serving the community; MARIA BORBA, a teacher at Pennington's, stated that she was worried about the families who would be affected if the lease was not renewed. She noted that the daycare currently serves 73 families with 84 children, and she praised the improvements the program has made to the facility and surrounding area, keeping it safe, clean, and well maintained. Borba described the center's commitment to providing home-cooked meals and serving children of all backgrounds, creating an inclusive and welcoming environment. She emphasized that the school district provides strong childcare programs but not the extended hours that Pennington's offers, and urged the council to work together with the community to continue supporting local families; FERNANDO MENDOZA, a U.S. Navy veteran and Los Banos resident since 2004, spoke as a parent of two sons who once attended Pennington's and are now preparing to graduate from college. He praised the positive influence Pennington's had on his children, highlighting the safe environment, teaching style, and longtime staff members, many of whom have worked there for over 20 years.

Mendoza stated that Pennington's is a "bright spot" in Los Banos; COMMUNITY MEMBER spoke in support of the lease renewal, noting that this issue is not just about financial numbers but about intangible benefits. They described Pennington's as a place where children learn, grow, and develop into productive adults, providing long-term value to the community. The speaker pointed out that the daycare has invested in security improvements such as gate upgrades, serves a large number of families, and has been 20 a stable, long-term tenant. They encouraged the council to recognize the residual social benefits of the program and renew the lease; KHALID SANCHEZ, a candidate for City Council District 1, also spoke in support of Pennington's. She explained that she had personally met with many of the 84 families currently being served and described how the daycare treats children like family. She urged the council that if they were not ready to approve the lease, they should delay the decision until District 1 has an elected representative, given the facility's location in that district; KATHY BALLARD, a local business owner, stated that although her own children did not attend Pennington's, she strongly supports lease renewal. She drew from her own experience as a landlord, noting that if a tenant properly maintains and utilizes a property, it is good practice to provide them a long-term lease for stability. She encouraged the city to consider granting Pennington's a longer-term lease agreement; ANDREA TRUDELLE also spoke in favor of renewal, emphasizing the importance of childcare for commuting parents who leave early in the morning and return late in the evening. She explained that the daycare is critical for working families, particularly mothers, who may otherwise have to leave their jobs due to lack of childcare options. Trudell argued that failing to renew the lease would make Los Banos less attractive to working families and diminish needed resources in the community; JOHN FULTON, a District 1 resident for 30 years, shared his personal experience with Pennington's, stating that his son attended the daycare while his wife was teaching for 40 years. He praised the center's role in supporting families like his own; JENNIFER PINHEIRO, a Los Banos resident, shared that she attended Pennington's as a child and now has her own son enrolled there. She described hearing about the possible non-renewal as devastating and spoke of the daycare as a part of Los Banos history and family tradition. She urged the council to renew the lease; THOMAS RIVERA spoke as both a former student and current parent, stating that Pennington's had been there for him growing up and now provides for his children. He asked the council to reconsider and approve the lease renewal; JESSICA BARAJAS, a single mother and healthcare worker, explained that she had tried other daycare centers but found Pennington's to be unmatched in its quality of care and family atmosphere. She noted that many of her coworkers at the hospital also rely on Pennington's and urged the council to support the renewal; CARLOS GONZALES, another parent, stated that his son attends Pennington's and that the daycare provides high-quality, affordable care, including hot meals every day. He suggested that the city could explore other ways to generate revenue rather than displacing children and families. He appealed to the council to consider "what God would do in this situation" and to prioritize the well-being of families by renewing the lease; DENISE PUGLIESE, a longtime employee of Pennington's, stated that she has worked with Ms. Pennington for nearly 20 years and that both of her children attended the daycare before going on to college. She emphasized the program's generational impact, noting that former students are now enrolling their own children. Pugliese spoke passionately about her love for her job, the families, and the children she cares for, and she asked the council to reconsider and renew the lease agreement. Mayor Amabile concluded public comment by acknowledging the numerous letters received in support of Pennington's, submitted by additional community members who were unable to attend in person:

Nathan Waggoner, Brittany Martinez, "unsigned", Amy Montgomery, Jesenia Romo, Anabil Hernandez, Lydia Ruiz, Veronica Ortiz, Samantha, Heather Morman, Vanessa Solis De La Paz, Stephanie De Loa, Jessica Merrell, Anabil Hernandez, Hayley J., 21 Beverly Resendiz, Jennifer Zambrano, Alicia Vicuna, Thomas Barba Rivera, Jennifer (Lawrence) Pinheiro, Stacey Dugo, Anna Munoz, Briana Cantua, Mary Vaz, Joe Bettencourt, Rosa Bettencourt, Nelia Vaz, Sondra Carma.

Council Member Lewis thanked all residents and parents who came forward to speak in support of Pennington's, as well as those who submitted letters. She explained that some scenarios that had been raised, such as questions about who pays for utilities or the idea of selling the facility, were either resolved or never the intention of the Council. She emphasized that it was never the Council's plan to shut Pennington's down, but rather to review and clarify certain matters. Councilmember Lewis shared that she had spoken with community members and understood how important Pennington's is, especially for families where parents commute and need extended childcare hours. She expressed appreciation for the commitment and service Pennington's has provided to the children and families of Los Banos, thanking them for all they have done and continue to do.

Council Member Chavez poke and began by greeting MISS MARIA, noting that he has known her and her daughter, who moved from Malibu, for many years. He explained that in his view, the City Council was simply asking questions and working to get clarification on certain matters, not attempting to close Pennington's, as some had thought. He emphasized that there was never any intention of shutting it down, and that the Council's discussions were more about exploring all possible options. He mentioned that one suggestion, such as whether the facility should be sold, was just an example of the Council "thinking outside the box" in order to determine the best decision for the community. He stated that this process is part of the Council's due diligence, looking at issues from every angle and perspective to ensure sound decision-making. He also reminded the Council that while Pennington's serves over eighty families, they are not all from District One but from across the entire city, and this broader impact must be considered. He concluded by reiterating that the discussions were about being thorough and responsible, not about removing valuable services, and he warmly acknowledged seeing Miss Maria again after some time. Mayor Amabile thanked Ms. Pennington for her 44 years of service to the community and jokingly suggested she use the supportive comments from the meeting as a commercial to attract more students. He expressed appreciation to everyone who spoke, noting that hearing from citizens is essential. He emphasized that the council is doing its due diligence and that working together with the community is what makes the city better.

Motion by Lewis, seconded by Chavez to adopt 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. The motion carried by the affirmative action of all Council Members present, Sanders absent.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 7H - City Council Resolution No. 6962 - Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project be removed from the agenda for presentation and consideration. Council Member Chavez requested that item 7P - City Council Resolution No. 6970 - Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 22 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project be removed from the agenda for presentation and consideration.

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

Check Register for #252691 - #253001 in the Amount of $5,104,603.25; City Council Meeting Minutes for July 16, 2025; City Council Special Meeting Minutes for July 28, 2025; Fourth Quarter Investment Report for 2024/2025; City Council Resolution No. 6959 - Approving the Acceptance of a Walmart Community Program Grant, Number 91987210, in the Amount of $4,000 and Amending the 2025/2026 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $4,000; City Council Resolution No. 6960 - Accepting a Grant Deed for a 3,239+/- Square Foot Public Utility Easement Located at 2191 Canal Farm Lane and Authorizing the Interim City Manager to Execute all Required Documents for this Dedication Acceptance; City Council Resolution No. 6961 -Authorizing the Interim City Manager to Execute a Lease Agreement with Fernando DBA Escobedo and Sons for the Wastewater Treatment Facility Pasture Lease and Amend the Fiscal Year 2025/2026 Budget by Increasing the Revenue Line Item 502-000-363-014 to the Total of $27,900; City Council Resolution No. 6962 Approving the Application for the Land and V\Jater Conservation Fund for the Colorado Ballpark Renovation Project; City Council Resolution No. 6963 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 3, Unit 3 (Lodi Development, Inc.); City Council Resolution No. 6964 -Accepting the Northgate Sewer Lift Station Emergency Power Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Strategic Mechanical, Inc.); City Council Resolution No. 6965 -Accepting the First 5 Shade Structure Installation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (Zoom Recreation); City Council Resolution No. 6966 - Accepting Public Improvements for All Off-Site Landscape Associated with Overland Avenue at the Southpointe at Regency Park Subdivision (Stonefield Home, Inc.); City Council Resolution No. 6967 - Accepting Public Improvements for All Off-Site Landscape Associated with Sunrise Ranch, Phases 3 & 4 (Stonefield Home, Inc.); City Council Resolution No. 6968 - Authorizing the Submittal of a Drinking Water State Revolving Fund (DWSRF) General Application and Designating the City Manager as the Authorized Representative; City Council Resolution No. 6969 - Approving a Memorandum of Understanding between the Valley Water Collaborative and the Groundwater Sustainability Agencies in the Delta-Mendota Subbasin Including the City of Los Banos; City Council Resolution No. 6970 Authorizing N1.1ard of Construction Contract to SVV Construction, Inc. in the Amount of $759,586.60 1 11ith a 10% Contingency
in the Amount of $75,958.60 for the Construction of the Orshard Terrace Sevier Lift Station Rehabilitation Project; City Council Resolution No. 6971 -Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section F - Fire & Building to Reflect the Correct Salary Range for the Job Classification of Fire Engineer.

The motion carried by the affirmative action of all Council Members present, Sanders absent.
23 7H - City Council Resolution No. 6962 -Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project. Council Member Lewis thanked Mr. Heim for expediting the grant process and expressed hope that the city will be a strong candidate, noting that the funding would help reach project goals much faster.

Lewis asked about the expected timeline for a decision, and Joe explained that awards are anticipated in winter 2025, typically followed by a one to two-month delay. Lewis also asked about the city's qualifications, and he confirmed that the project is very eligible for funding.
7P - City Council Resolution No. 6970 - Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project. Council Member Chavez inquired how the City determines which company is awarded a bid. City Attorney Vaughn explained that construction contracts are awarded to the lowest responsive and responsible bidder. Council Member Chavez then asked how a local bid factors into the process. Bill clarified that for construction projects the City is required to accept the lowest responsive and responsible bid, and while a local preference can apply in purchase orders, it does not apply to construction bids.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6962 - Approving the Application for the Land and Water Conservation Fund for the Colorado Ballpark Renovation Project and City Council Resolution No. 6970 - Authorizing Award of Construction Contract to SW Construction, Inc. in the Amount of $759,586.60 with a 10% Contingency in the Amount of $75,958.60 for the Construction of the Orchard Terrace Sewer Lift Station Rehabilitation Project. The motion carried by the affirmative action of all Council Members present, Sanders absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2024-03 FOR THE OFF-SALE OF GENERAL ALCOHOL (TYPE 21 ABC LICENSE} FOR NORTHGATE 42. LLC., LOCATED AT THE

NORTHEAST CORNER OF WEST PACHECO BOULEVARD AND WEST I STREET, APNS: 027-130-011, 013, 014 & 009; CITY COUNCIL RESOLUTION NO. 6972 - APPROVING CONDITIONAL USE PERMIT #2024-03 TO ALLOW FOR THE OFFSALE OF GENERAL ALCOHOL (TYPE 21 LICENSE) FOR NORTHGATE 42. LLC.,

LOCATED AT THE NORTHEAST CORNER OF WEST PACHECO BOULEVARD AND WEST I STREET. Community & Economic Development Director Souza Elms presented the staff report.

Mayor Amabile opened the public hearing. JOHN FULTON inquired about the number of people living within 300 feet of the intersection and noted that the traffic pattern is similar to the situation at Espana's restaurant. He stated that the city is in good hands regarding traffic but emphasized the importance of coordinating with Caltrans. No one else came forward to speak.
24 Council Member Chavez asked about the status of Me N Ed's and Mr. Taco. Ms. Souza Elms stated that Me N Ed's will be leasing a temporary location during construction, while there are no updates regarding Mr. Taco; it is hoped that both may return to the site once the new commercial center is completed. Council Member Lewis inquired about operating hours. Raindra Singh, a representative for Northgate 42, stated that the convenience store will operate 24 hours, with alcohol sales limited by California law from 6:00 a.m. to 2:00 a.m. Mayor Amabile confirmed that security cameras will be installed, subject to police chief approval.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6972 - Approving Conditional Use Permit #2024-03 to Allow for the Off-Sale of General Alcohol (Type 21 License) for Northgate 42, LLC., Located at the Northeast Corner of West Pacheco Boulevard and West I Street , the motion carried by the affirmative action of all Council Members present, Sanders absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2023-10 FOR THE OFF-SALE OF GENERAL ALCOHOL (TYPE 21 ABC LICENSE) FOR VINTNERS DISTRIBUTORS, INC.

LOCATED ON THE NORTHEAST CORNER OF MERCEY SPRINGS ROAD AND WILLMOTT AVENUE, APN: 428-280-011: CITY COUNCIL RESOLUTION NO. 6973 - APPROVING CONDITIONAL USE PERMIT #2023-10 TO ALLOW FOR THE OFFSALE OF GENERAL ALCOHOL (TYPE 21 LICENSE) FOR VINTNERS DISTRIBUTORS, INC. LOCATED ON THE NORTHEAST CORNER OF MERCEY SPRINGS ROAD AND WILLMOTT AVENUE, APN: 428-280-011. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

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

Council Member Lewis inquired about the state requirement for mailed public notices. Ms.

Souza Elms responded that government code requires 10 days' notice and publication in the Westside Express, which the city provides as 14 days.

Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 6973 - Approving Conditional Use Permit #2023-10 to Allow for the Off-Sale of General Alcohol (Type 21 License) for Vintners Distributors, Inc. Located on the Northeast Corner of Mercey Springs Road and Willmott Avenue, APN: 428-280-011, the motion carried by the affirmative action of all Council Members present, Sanders absent.

PROJECT STATUS UPDATE - FIRE STATION #4 & EMERGENCY OPERATIONS CENTER, DEVELOPMENT SERVICES CENTER, AND OLD POLICE STATION.

Community & Economic Development Director Souza Elms and Fire Chief Tualla presented the staff report, which included a PowerPoint presentation. 25 Council Member Lewis asked if the Fire Station would primarily cover the west side; Paul confirmed it would. The station includes a "clean station" design focusing on responder health, living quarters, equipment storage, and fitness areas. The EOC will be a 5,700 sq. fl. regional facility with a 80-100 person capacity, breakout rooms, a full kitchen, and a training facility for technical rescue. Project cost is approximately $11.5 million, with $5.4 million available from prior funding, and additional funding could come from Measure P and development impact fees. Next steps include design development, site preparation, permitting, and equipment/furniture planning. Mayor Amabile noted that the land for the fire station was donated by the Anderson family. Staff added that the Development Services Center will renovate the former police annex at 935 J Street to create a centralized one-stop location for planning, building, engineering, fire prevention, housing, and economic development. The 9,000 sq. fl. building has undergone abatement and soft demolition, leaving a clean shell for interior renovations. The project allows for improvements to City Hall, including updated offices, electrical work, carpet replacement, and paint. Funding of $8 million has been committed for the police annex renovation, City Hall improvements, and the old police station. A request for qualifications for a progressive design-build was released on July 30, closing September 2. For the old police station site (three parcels totaling 0.9 acres), staff summarized community input from a July 8 workshop and social media polls. Options discussed include:
remodeling/reuse, demolition with open space, or development for business purposes.

Mayor Amabile invited the public to speak. BLANCHE JORGE emphasized that the local community has not been fully engaged, highlighted the historic significance of the area, and requested that the site not be turned into a parking lot. She suggested consideration of the sheriffs department next door, potential use as a juvenile hall or children's activity space, or as an annex for the animal shelter. Andrea Trudelle expressed support for city improvements and suggested creating a community gathering space with outdoor activities, comparing it to Wrigley Field in Chicago. Javier Powell concurred with Blanche, recommending preservation or memorialization of the building's historical features, with shade and misters for outdoor comfort.

Council Member Lewis noted the site is small and close to residents, cautioning that noise and traffic could be a concern. She expressed that she is not ready to tear down the building and suggested exploring business development options that could expand the property's use while preserving historical aspects. Council Member Chavez agreed that music or large gatherings may not be appropriate for the area but emphasized the historical value. Mayor Amabile suggested potential uses such as childcare or senior housing. Finance Director Moreno recommended conducting a feasibility study to evaluate whether demolition, renovation, or redevelopment is practical, including structural, ADA, and cost considerations. Stacy confirmed that the council consensus is to proceed with a feasibility study. Mayor Amabile added that due to the building's condition, rehabilitation would be very expensive, and the nearby house is condemned, highlighting the need to assess feasibility before pursuing redevelopment.

No formal action was taken; direction was provided for staff to move forward with a feasibility study for the old police station site.
26 CONSIDERATION OF THE ACCEPTANCE OF THE LOS BANOS POLICE DEPARTMENT MILITARY EQUIPMENT USE REPORT. Police Commander Melden presented the staff report, which included a PowerPoint presentation. He explained that the report increases transparency and accountability regarding the purchase, use, and maintenance of equipment defined as military under AB481. The report includes information on acquisition, costs, internal audits, community feedback, and any complaints. He also emphasized that the Los Banos Police Department does not possess true military surplus equipment and relies on general fund sources for procurement. Equipment outlined in the report includes drones, a mobile command post trailer, patrol rifles, pepper ball launchers, and less-lethal bean bag shotguns. All personnel using the equipment are certified in its deployment. The department maintains multiple avenues for public engagement, including in-person visits, online feedback, and live viewing of council meetings. There was an inquiry regarding equipment possessed by the sheriff's department.

Motion by Lewis, seconded by Chavez to accept the Los Banos Police Department Military Equipment Use Report as submitted. The motion carried by the affirmative action of all Council Members present, Sanders absent.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6953

AUTHORIZING ENTERING INTO A THIRD AMENDMENT TO LEASE AGREEMENT BET1.!'JEEN THE CITY OF LOS BANOS AND MARLENE PENNINGTON FOR RENTAL OF THE RANCHWOOD PARK FACILITY {Continued from the July 20, 2025 Council Meeting). Moved to be to be presented and considered before the Consent Agenda.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 697 4 -

APPROVING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH GARY M. BRIZZEE, JR. TO SERVE AS INTERIM CITY MANAGER. Human Resources Director Mallonee presented the staff report, noting that the amendment includes two main updates: a term adjustment allowing for a transitional overlap of up to 30 days after a permanent city manager is appointed, with an option to extend to 90 days if needed, to ensure a smooth handoff of duties, and an adjustment to Mr. Brizzee's hourly rate to $132.40 effective July 1, 2025, following the 2025-2026 budget salary range for the city manager classification. All other terms of the original agreement remain unchanged, and there is no fiscal impact as the rate is already included in the current budget.

Council members discussed the importance of the overlap for a smooth transition.

Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 697 4 - Approving the First Amendment to the Employment Agreement with Gary M. Brizzee, Jr. to Serve as Interim City Manager, the motion carried by the affirmative action of all Council Members present, Sanders absent.

CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, AUGUST 20, 2025 DUE TO SUMMER BREAK. Motion by Lewis, seconded by Chavez to cancel the Regular City Council Meeting scheduled for 27 Wednesday, August 20, 2025 due to summer break. The motion carried by the affirmative action of all Council Members present, Sanders absent.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms reported that two public hearings will be held with the Planning Commission on August 13 at 6 p.m. The first hearing is for a Parks and Recreation Department item regarding solar lights for the Canal Trail. The second hearing is for an amendment to the mobile food vendor ordinance (Title 9, Chapter 3, Article 36 of the Las Vegas Municipal Code), based on direction provided by the City Council on June 4.

Finance. Director Moreno updated the council that the city is beginning audit season, including the city audit, specialized audits, and the TOA audit, as part of year-end closing.

She noted that the finance department has a busy period ahead but expressed excitement about the team's work. Morano also mentioned that recruitment for a finance manager and an administrative clerk is closing soon, which will help the department reach full staffing.

Fire. Chief Tualla reported on recent department activities, highlighting the successful National Night Out event, which featured the return of the department's ladder truck. He praised Stacy for her efforts with event materials and jerseys. Chief Tualla also noted that the background check for one of the firefighter candidates is being completed and they hope to have the candidate start soon. Additionally, the department is preparing to conduct battalion testing processes.

Human Resources. No report
Parks & Recreation. Director Heim provided several updates. He announced a movie night in the park on August 23 at College Greens Park featuring the movie Trolls. Tickets are now on sale for the 40th annual Salute to Seniors event, which has an ocean theme and will be held on the last Friday of September. He also noted a public workshop from Public Works on August 19 at the community center regarding the Vineyard 165 intersection. Director Height congratulated Adriana Vierra from Public Works as employee of the month for her support with the budget and willingness to take on extra work. He highlighted that many items are underway in Public Works, including projects related to groundwater, ballparks, daycare facilities, and upcoming street rehabilitation bids, with additional projects expected to be released this fall.

Public Works.

Police. Chief Reyna thanked the community for attending National Night Out on August 5, highlighting the event's goal of fostering connections between residents and city departments. He recognized Sergeant Mendes for organizing the event and expressed appreciation for the contributions of Public Works, Parks, and the Fire Department. Chief 28 Ray also thanked the council for presenting a proclamation honoring Sergeant Nathan Bowling upon his retirement, noting his exemplary public service.

CITY MANAGER REPORT. Acting City Manager/Community & Economic Development Director Souza Elms, thanked Chief Ray and the entire police department for a successful National Night Out. She praised Sergeant Mendes for organizing the event and highlighted the participation of all city departments, noting the importance of connecting with the community, especially families and children. She expressed appreciation for the city team's efforts in bringing the community together.

CITY COUNCIL MEMBER REPORTS:

DEBORAH LEWIS - DISTRICT 4: Councilmember Deborah Lewis praised the police department, especially Sergeant Mendes, for a successful National Night Out, noting the department's collaboration with youth and the community. She also highlighted the recent ribbon-cutting for Sunrise Park, praising its amenities and safety features. Lewis made several recommendations for council consideration: hiring a commercially licensed property appraiser to ensure city rental and lease properties are fairly valued, requiring three-dimensional presentations for development proposals, and exploring hosting future movie nights at different regional parks to increase community participation. She had no report for the Air Board for July but will provide one in August.

DISTRICT 1: Vacant
EVAN SANDERS- DISTRICT 2: excused Absent
MARCUS CHAVEZ - DISTRICT 3: congratulated Adriana VierRa on being named employee of the month. He noted that he was unable to attend National Night Out but praised the event's setup and turnout. Chavez also thanked Assemblywoman Esmeralda Soria, Parks and Recreation, and other city departments for their efforts in the backpack giveaway, noting the large community turnout. He encouraged residents of District 1 to vote and participate in filling the council seat.

MICHAEL S. AMABILE - MAYOR: Provided updates on several city and regional matters. He reported that MCAG confirmed Blanch Jorge for Measure V and noted the opening of the Chucka rest stop on 1-5 on July 31. He discussed travel expense policies, affirming that MCAG operates responsibly and has tightened its guidelines. The mayor highlighted the hydrogen trailer project to refuel electric buses and emphasized the future need for a hydrogen plant in the county. He toured the Billy Wright solid waste facility, noting its 12-year lifespan and plans to acquire adjacent property for extended use, as well as a nearby 1,000-acre solar panel installation. He recapped recent community engagement efforts, including the Parkside Chat in District 1 and Sunrise Park ribbon cutting, and encouraged broader attendance at city-county networking events. The mayor discussed ongoing efforts to address chromium 6 issues, including meetings with the governor's office, Assemblyman Adam Gray, and Peninsula Clean Energy for potential grants. He also shared that the city was approved to celebrate California's 175th anniversary next year. Additional updates included new LED lighting on the plaza statue, which can be customized for events, and a suggestion to explore an emergency app for residents to enhance communication and safety preparedness. The mayor praised city 29 staff and departments for their ongoing efforts and emphasized proactive planning for community needs and emergency readiness.

ADJOURNMENT-ADJOURN TO 2:00 P.M., THURSDAY, AUGUST 7, 2025 TO HOLD A CLOSED SESSION - PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Motion by Lewis, seconded by Chavez to meeting was adjourned at 9: 12 PM to 2:00 PM Thursday, August 7, 2025 to hold a Closed Session - Public Employment; Title: City Manager & City Attorney, Pursuant to Government Code Section 54957(b). The motion carried by the affirmative action of all Council Members present, Sanders absent.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

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

ADJOURNED CITY COUNCIL MEETING MINUTES
AUGUST 7, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council
CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 2:03 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited .

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: Council Members Evan Sanders - District 2
STAFF MEMBERS PRESENT: City Clerk/Human Resources Director Mallonee 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, Sanders absent.

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. Mayor Amabile opened the public forum and invited the public to come forward to speak. No one came forward to speak and the public forum was closed.

CLOSED SESSION - PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Mayor Amabile stated that interviews were held for City Manager and there was no reportable action taken at this time.

ADJOURNMENT. The meeting was adjourned at 6:15 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
31 ITEM 7C

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32 CITY OF LOS BANOS

SPECIAL CITY COUNCIL MEETING MINUTES
AUGUST 14, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council
CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 9:01 a.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Clerk/Human Resources Director Mallonee, Interim City Manager Brizzee, Police Chief Reyna
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Sanders to approve the agenda as submitted. 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. Mayor Amabile opened the public forum and invited the public to come forward to speak. No one came forward to speak and the public forum was closed.

CLOSED SESSION - PUBLIC EMPLOYMENT: TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Mayor Amabile stated that there was no reportable action taken at this time.

ADJOURNMENT. The meeting was adjourned at 10 a.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
33 ITEM 7D

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34 CITY OF LOS BANOS

SPECIAL CITY COUNCIL MEETING MINUTES
AUGUST 18, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council
CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 5:30 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Evan Sanders - District 2, Marcus Chavez - District 3 [5:32 PM], Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Clerk/Human Resources Director Mallonee, Interim City Manager Brizzee
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Sanders to approve the agenda as submitted. 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. Mayor Amabile opened the public forum and invited the public to come forward to speak. No one came forward to speak and the public forum was closed.

CLOSED SESSION - PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Mayor Amabile stated there was no reportable action taken at this time.

ADJOURNMENT. The meeting was adjourned at 6:17 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
35 ITEM 7E

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36 CITY OF LOS BANOS

SPECIAL CITY COUNCIL MEETING MINUTES
AUGUST 25, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council
CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 5:01 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, District 1 - vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Clerk/Human Resources Director Mallonee, Interim City Manager Brizzee
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Sanders to approve the agenda as submitted. 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. Mayor Amabile opened the public forum and invited the public to come forward to speak. No one came forward to speak and the public forum was closed.

CLOSED SESSION - PUBLIC EMPLOYMENTj TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(b). Mayor Amabile stated that there was no reportable action taken at this time, direction to staff.

ADJOURNMENT. The meeting was adjourned at 7:42 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
37 ITEM 7F

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38 LOsBanos
At tl,c Crossroads of California
Agenda Staff Report
TO:

FROM:

DATE:

Mayor and City Council Members
Ivan Mendez, Police Sergeant ,diJ
September 3, 2025
SUBJECT: California for All Animals Grant Award
TYPE OF REPORT: Consent Agenda
Recommendation:

Approve the acceptance of a one-year UC Davis Koret Shelter Medicine Grant in connection with California for All Animals, in the amount of $14,874 for Fiscal Year 2025-2026 and approve an increase in City expenditures and revenues in the amount of $14,874 for the Fiscal Year 2025-2026.

Discussion:

In May of 2024, the Police Department applied for and was awarded a $80,000 grant from UC Davis Koret Shelter Medicine in connection with California for All Animals Program. On July 7, 2025, the Department received notification via email from UC Davis Koret Shelter Medicine Program CA Outreach Specialist Ivy Ruiz (RVT) informing us of additional funds allocated to our shelter.

The additional funds will be utilized to further support access to veterinary and spay/neuter services.

ITEM
Spay/Neuter Program

PROPOSED BUDGET/ITEMIZED LIST
(ITEMIZED BUDGET MAY VARY)

DESCRIPTION
Surgical procedures, Veterinary Services,
Supplies, and Medical Supplies.

AMOUNT
Pet Care $14,874
39 ITEM 7G
The budget for this grant, including account numbers are as follows:

Revenues:

Other Grants:

Expenditures:

Spay/Neuter Program
Fiscal Impact:
100-000-339-010
100-429-160-273
$14,874
$14,874
Revenues and Expenditures for the 2025-2026 Fiscal Year will increase in the amount of $14,874.

Reviewed by:

Gary Brizze ~ erim City Manager
Attachments:
- Resolution
- UC Davis Koret Shelter Medicine Services Agreement
40 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS APPROVING
THE ACCEPTANCE OF A $14,874 UC

DAVIS KORET SHELTER MEDICINE

GRANT IN CONNECTION WITH

CALIFORNIA FOR ALL ANIMALS

PROGRAM AND AMENDING THE FISCAL
YEAR 2025-2026 BUDGET BY INCREASING

THE APPROPRIATION AMOUNT FOR

EXPENDITURES AND REVENUES IN THE
AMOUNT OF $14,874.

WHEREAS, enhancing the well-being and health of the animals under the Los Banos Animal Shelter's care is a priority; and
WHEREAS, the Los Banos Police Department has been provided additional grant funding in the amount of $14,874 from UC Davis Koret Shelter Medicine in connection with California For All Animals Program.

WHEREAS, our partnership with UC Davis Koret Shelter Medicine will provide us the opportunities to provide valuable spay/neuter veterinary services to the residents of Los Banos; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the UC Davis Koret Shelter in connection with California For All Animals Program grant in the amount of $14,874, ending on July 14, 2026, providing additional funding to support access to veterinary care and spay/neuter services, and increase the appropriation limit for revenues in the amount of $14,874; and expenditures in the amount of $14,874. The budget for this grant, including account numbers is as follows:

Revenues:

Other Grants: 100-000-339-010 $14,874
Expenditures:

Spay/Neuter Program 100-429-160-273 $14,874
41 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 September 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:

Mike Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
42 UC Davis Purchase Agreement # UCDP0o0049335
Amendment# 2
SECOND AMENDMENT TO SHEL1ER SERVI~AGREEMENT
(Los Banos Animal Shelter)
THIS SECOND AMENDMENT 1s made to the University of California, Davis campus agreement # UCDP00004933S between TIIB REGi;:NTS OF TI-IE UNIVERSITY OF CALU'ORNIA CC"Universltyn) on behalfof its UC Davis Campus School of Veterinary Medicine on behalf of its Korct Shelter Medicine Program ("Facility1? and WS BANOS ANIMAL SHELTER ("Shtlmr").

The parties to the above-referenced agreement agree as follows:
l, Shelter Servicu. The scope of work of the agreement shall be updated, ''Exhibit A·2"1 attached hereto and incorporated herein, reflects updated scope. • •

2.Payment by :University. Tho payment by the Facility shall be amended to increase funding by$ 14,874.00. Total not to exceed amount shaU now read$ 144,874.00,

3.I.mn. The tenn of the agreement shall be amended to extend through July 14~ 2026.

4. Other '(gms. All other terms and conditions of the agreement shall remain the same.

IN WITNESS WHEREOF. the parties have executed this amendment on the date~ set forth below.

LOSBANOSANIMALSHELTER
/f7o,
By:., /~~~ ~ ~ _.-
Print Name: .:£1,fW' A/,6vt1 CTitle: J£)Z(s-£11Jr
Date: C>JP-/l/--lf_ __

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA
.......... ~'1-.... ·~i
S K b h
_ ... ____ ..,_
. teven o ayaS , =:..~~~- By. ____ -~~-
Steven Kobayashi
Associate Director
Procurement & Contracting Scr'lice
UC Davis
Oat~: July 25, 2025 - -----
43 Exhibit A-2
Los Banos Animal Shelter
Orpnlzation Contact!
o Ivan Mendez:: ivan.mend&[email protected]
• Extend term to 7/14/2026
• Additional fu!'ldinr, $14,874
• Scope of Work: Veterlnary and 5p,w/neuter services
44 TO:

FROM:

DATE:

LOs Banos
At tlte Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~ City Clerk/Human Resources Director September 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of Amendments to the Joint Powers Agreement for the California San Joaquin Valley Risk Management Authority (CSJVRMA)
Recommendation:

Attached please find a resolution for your review and consideration of approval that would amend Joint Powers Agreement of the California San Joaquin Valley Risk Management Authority (CSJVRMA) and authorize execution of the Agreement.

Background:

The City of Los Banos is a member of the CSJVRMA, which provides risk management services including liability and workers' compensation claims administration, vehicle and property insurance coverage.

The CSJVRMA's governing documents are outdated and no longer fully reflect current practices, legal requirements, or operational needs. The Executive Committee has reviewed and approved updates to the Joint Powers Agreement, which are now being sent to member city councils for adoption.

Key amendments to the Joint Powers Agreement include:
• Clarification of definitions to ensure consistency and understanding. • Broadened language to provide flexibility should CSJVRMA consider creating or participating in a captive insurance agency.
45 ITEM 7H
• Addition of a new provision in accordance with Government Code Section 6509.

This section requires Joint Powers Authorities (JPAs) to designate a member agency whose legal restrictions will apply to the operations of the JPA. The City of Ripon has been designated for this purpose, with the City of Madera named as a secondary designee in the event Ripon terminates its membership. These cities were chosen because they have no restrictions that would conflict with the day-to-day operations of the JPA.

Amendments to the CSJVRMA Joint Powers Agreement require approval through a written resolution adopted and signed by two-thirds of the member city councils. Once adopted by the necessary majority, any member city that fails or refuses to comply with the amended Agreement may be involuntarily removed as a party to the Agreement.

Fiscal Impact:

There is no direct fiscal impact associated with this action.

Reviewed by:

Minerva Moreno, Finance Director
Attachments:

CSJVRMA Memorandum - Summary of Amendments
Redline Version of Joint Powers Agreement
Resolution
46 Northern Region
Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford
Central Region
Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kennan
l(jngsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma
Southern Region
Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarlaud
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake

CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY _1750 Creekside Oaks _!)rive, Suite 200 ■ Sa<;ramento, CA 95833 __ (916) 244-1100 ■ (800) 541-4591
Fax (916) 244-1199 ■ E-Mail [email protected] DATE: July 14, 2025
TO:

FROM:

CSJVRMA Member City Councils
Jeanette Worlanan, Administrator
SUBJECT: AMENDED AND RESTATED CSNRMA JOINT POWERS AGREEMENTACTION REQUIRED The Central San Joaquin Valley Risk Management Authority's (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSJVRMA's current practices, legal requirements, and operational needs.

Pursuant to action by the Central San Joaquin Valley Risk Management Authority's (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city's city council at their earliest opportunity.

Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by twothirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.

Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:
• Definitional terms have been defined more clearly.
• Language has been broadened to give leeway in the event the CSNRMA wants to consider creating or participating in a captive agency. • An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSNRMA last amended the Agreement. The change requires JP As to designate a member whose restrictions would apply to the operations of the JP A. Below is an excerpt from correspondence from Mr. Lavra:
"This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JP A. JP A's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JP A, without that JP A having to comply with all restrictions that might be in place for all of the members of the JP A. It would be unworkable, for instance, if the JP A had to satisfy or verify any and all 47 CSJVRMA Member City Councils
July 14, 2025
Page2
restrictions from the ordinances of all of the members of the JP A when transacting the business of the JPA. In order to strike a balance, section 6509 permits the JP A to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city."
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.

To assist you in presenting this information to your city council for approval, a redline version of the Joint Powers Agreement is attached. Also attached are the following:
• A proposed new Joint Powers Agreement to be executed upon approval by your city council.
• A sample resolution that can be used to document the action taken by your city council in approving the Amended and Restated Joint Powers Agreement. This document is also being provided in a Word format to allow you to modify as appropriate for adoption by your council when approving the Amended and Restated Joint Powers Agreement.

Upon approval of the new Joint Powers Agreement by your city council, the final document needs to be executed by your City Manager/Administrator or an authorized individual from your city. Please forward an original, signed copy of the new Joint Powers Agreement, along with a copy of the adopted and fully executed council resolution, to Samantha Zellmer, CSJVRMA Board Secreta1y, at the following address:

CSJVRMA
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
If you have any questions, please contact Jeanette Workman, CSNRMA Administrator, at jeanette.workman(a),sedgwick.com or (916) 244-1110.
48 CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 2025~
49 CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 ........................................................ ... ............ .................................................................. 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ............................................................................................. ........................................... 4 PURPOSES ..................................................................................... ... .. ............ ................................. 4 ARTICLE Ill ......................................................... ...................................... .. ...................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ..................................................................... .................................................................. 6 TERM OF AGREEMENT ............................................................... ..................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................... ..................................................... ........... 7 BOARD OF DIRECTORS ..................................................................................................................... 7 ARTICLE IX ......... ............... ........ ... ................. .. ............................................................ ..................... 8 BYLAWS AND REGULATIONS ....................................................................................................... .... 8 ARTICLE X .................................................................................................................... .................... 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI .......................................................................... ..................................................... .. .. .... 9 OFFICERS ............. ........................................................................................................ .................... 9 ARTICLE XII ............................................ .......................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ............................................................................ ....................................................... 10 RESERVE FUNDS .............. , ........................................................... , .. ... ............................................ 10 ARTICLE XIV ............................................................................................................... .................... 10 OPERATING FUND ......................................................................................................................... 10 50 ARTICLE XV .................................... ................................................................................................ 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................ 10 Joint Powers Agreement
Table of Contents

Page 2 ends

ARTICLE XVII ...................................................................................... ............................................ 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ............................................................. .................................................................... 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ..... .............................. ................................................................................................ 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ..... ................................................................................................. 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII .............................. .................................................................................................. . 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ............................................. .................................................................................... 13 AUDIT ........... ......... .................................. ...................................................................... ................ 14 ARTICLE XXV ............................................................................ ........................................ .............. 14 ARBITRATION ........... ......................................... ............................................................................ 14 ARTICLE XXVI ........................................................................................ ......................................... 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII .................................................................... ............................................................ 14 ENFORCEMENT ......................................................... .................................................................... 14 ARTICLE XXVIII .......... ..................................................................................................................... 14 AMENDMENTS .............. .. .............................................................................................................. 14 51 ARTICLE XXIX ........................................ ......................................................................................... 15 NOTICES ............................................................................................................................... , ........ 15 ARTICLE XXX ........................................ , ......................................................................................... 15 COUNTERPARTS ......................................................................................... , .................................. 15 52 AMENDED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of_-July; 20251-9!M, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1. 1994 by a two-thirds vote of the Member Cities' city councils; and Joint Powers Agreement Page 1 Amended July 1, 2025-±-'i-',4 53 WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the- Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 2025±994, which concurrently supersedes that certain Agreement_ creating the Authority, dated April 1, 1979, and all amendments thereto.

Joint Powe rs Agreement Page 2 Amended July 1, 202~4
54 ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions :
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
"Agreement" shall mean the Joint Powers Agreement creating the Central San Jlc¼oaguin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the- Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be with in one of the Authority's Joint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds chargeEl for the 13uq:iose of self ins urea coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance t o be purchased~ 0 Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding Joint Powers Agreement Page 3 Amended July 1 , 202~4
55 of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive CommittecparticipatiAg MeRlller Citie5, containing the provisioAs setting forth the operations. policies. and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope ofthe program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws; and has signed the Agreement. "Operating Fund" -shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. t
"Representative" shall mean the person,_norrnall·fthe City MaAager/AdrniAistrator of the MeRlller Cit•;_, who has lleeA designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (al the City Manager/Administrator or (bl a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City's risk management functions (i.e .. finance. human resources, claims/ losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each- Member City for insurance purposes; to pool self-insured claims and losses. to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management. consulting. actuarial services. claims ad justing and legal defense services:aAd share fi!;kst to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities- desiring to become parties to the Agreement.

Joint Powers Agreement Page 4 Amended July 1, 2025±--',!"+4 56 ARTICLE 111

CREATION OF JOINT POWERS AUTHORITY
k--
___ Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement. g,. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement. £. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
A, Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement,-, _ _Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement~.:..A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement~.:..Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities. g,. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

A. ELIGIBILITY
Joint Powers Agreement

ARTICLE V

MEMBERSHIP

Page 5 ends

57 To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/ Administrator form of government and must be approved for participation in the Authority in th e manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuantto the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities.,-,_When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided~.J his Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

I\ )4.,

ARTICLE VII

POWERS OF THE AUTHORITY
The ,O,wtheFity shall ha,•e all sf the 19swers esFRFRSR ts MeFRlileF Gities aRd all additisRal 19swers set forth iR SectisR 6500, et. seq. a Rd SeetioR 989, et. seq. of the GovemFReRt Code and other a1919lieal:ile law. The AwtheFit'I shall ha•,e all of the rights, iFRFRlclnities, 19rivileges, and defeRses afforded each MeFRli!1n <;it•/ and 19ec1cJliar to the 19artic1cJlar MeFRliler <::i~ 13eing Slcled or agaiRst which there has been a elaiFR.

Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the Ci ty of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following :

1. te-ffiMake and enter into contracts;

2. te-+!ncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a 13art of this AgreeFReRtexcept as otherwise provided:

Joint Powers Agreement Page 6 Amended J uly l, 202~4
58 B.

3. t:e-aAssess Member Cities as deemed appropriate for goos ea1,1se as determines by the Executive Committee;

4. te-aAcquire, hold, or dispose of real and personal property;

5. te--i:,Beceive contributions and donations of property, funds, services, and other forms of assistance from any sources;

6. te-s~ue and be sued in its own name;

7. t&efmploy agents and employees;

8. te-aAcquire, construct, manage, and maintain buildings;

9. te-+!,ease real or personal property, including ~ of a Member City; and

10. to exercise all powers necessary and proper to carryout the terms and provisions of this Agreement or otherwise authorized by law.

Wl'lenever in tl'lis Agreement any censent er appro'Jal is reEJ1,1ires, tl'le same shall net be 1,1nrease1>ably witl.hela This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one -Representative from each Member City, each serving in an individual capacity as a member of the Board,...., _ _Each Member City shall appoint one Representative,-.,_Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate,-.,_Each Member City shall also appoint one alternate Representative,..-.:.....The alternate Representative may attend and may participate in any meeting of the Board~.:...When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote.,-,_Each Representative serves at the pleasure of the Member City being represented~.,_Each Representative has one vote as the member of the Board,.....:... Representatives are not entitled to compensation,.....:...However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
~he Board shall hold at least two meetings each year.,-.:...The -Executive Committee shall determinefo< by resel1,1tien the date upon which and the hour and place at which each regular meeting is to be held.L_ ____ _
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary~.,_ The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Joint Powers Agreement Page 7 Amended J uly 1, 2C25,µ4>4 Commented [JW1]: Meetings will continue to
be adopted b y the EC, but in a less
formal manner than by resolution.
59 notice ofthe special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept~.:...As soon as possible after each meeting, copies of the minutes shall be forwarded to each -Member City.

A majority of the members of the Board is a quorum for the transaction of business~.

However, less than a quorum may adjourn from time to time-,-.,_A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator,-.,_The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. :i:&creation ofe any new Joint Protection Program;

3. +e--termination of ae any Joint Protection Program;

4. ~ xp ulsion ofel a Member City;

5. +e--adoption of an operating budget for the Authority;

6. Te change er revise/\mendments to the Authority's Conflict of Interest Code; and

7. Te--~authorization for e-the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board~.,_The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agr eement Page 8 Amended July 1, 2025.:µ;.i:,4 60 ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer~.,_Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable,-~ 11 offices shall be filled and have the powers and responsibil ities as prescribed in the Bylaws or Master Plan Documents. he flFesiElent sf:iall al')point someone otf:ier tf:ian tf:ie treas1,1rer to l')erforrn tf:ie functions of auditor/controller of the Authority shall be performed by the Authority's cantracteEl adrninistratian firrnofficers or employees or in hause staff, er the president rnav assume these f1,1netians as a ~ellateral elYt'{ ef tl:ie 13resielenev. The a1,1eliterfcentreller rn1,1st ae a mernaer ef the ~ -- The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. Tf:ie lls;ml shall re€jt1ire tf:ie treas1,1rer anel ac1elitar/centroller to file with the Authsrit·1 an afficial aonEl in the arn01,1nt ta se fileea B'( the 8mml Tf:ie Authsrity shall flay Hie cast of aoneJ l')rernilJR'lS reEjYireeJ sy this sectian. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A, The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable~.:...AII Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws~0 All other Joint Protection Programs shall be optional~ .,__The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities. ti-, Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program~ • .A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program~.:..Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establi sh a fund for the purpose of paying the losses and establishing a reserve Joint Powers Agreement Page 9 Amended July 1, 2025.µi.;:,4 Commented [JR2]: Staff conf ormed this
section to reflect current
practices/ align wi ch 6505.6.
61 to cover the retained portion of losses that may be insured against by the Authority or the Member Cities~,_The funds treas1:Jrer shall be invested ans reinvest the tunas in compliance with the Authority's Investment Policy and l~elevarit~~tate law•I • .L ., _ Member City tunas.

Refunds shall be made in accordance with the !Master Plan Document f or each program.

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund .• The Operating Fund is forthe purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate~,_Just demands for payment shall be made by warrants in compliance with the adopted budget~,.. The warrants shall be paid as directed by the Executive Committee,.-,_ The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

The Board shall adopt a budget annually.

ARTICLE XV
BUDGET

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
l. assist Member Cities in developing their ris k management programs;

2. participate in risk management advisory committees formed by Member Cities;

3. provide loss prevention, safety, and security services;

4. provide all program- services as required by program Master Plan Documents ;

5. provide loss analysis control by use of statistical analysis, data processing, and Joint Powers Ag reement Page 10 Amen ded J uly 1 ,
20254-ll.44
.---- Commented [JR3]: ~hi s c ha ng e i s to a llo "'
for t h e potential f orma ti on of a cap~ive
e ntit y, and invest ~en t unde r other s ~a t e
laws.

Commented [JR4): The MPD will be amended t o
p r ovi de f or flex ibi l i ty in t he payme::-.t
o f refunds. Re call board action t o
r a t ify de c i s i ons of e xecu t ive c orrmitte e
in withho lding cefund amounts .
62 record and file keeping services~.,__The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. conduct risk management audits to review the participation of each Member City in the program; and

7. perform otherfunctions as required by the Board for the purpose of accomplishing the goals of this Agreement.

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities ;

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
pay all financial obligations to the Authority within the time prescribed; appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
aeo13t a risk R'1aRageR'leRt 13regraR'l ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/ or the Executive Committee which may include. but are not limited to, adherence to and/ or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority. and timely execution of tasks deemed necessary for the operation and governance of the Authority:
estal,lisi'l a risk R'laRageR'leRt aevisory EeR'1R'littee to worl1 11~iti'l ti'le risl( R'laRager of tR e AlltR ority;
R'laiRtaiR aR active safety EOR'lR'littee;
report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs; permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board; ~usR'1it Deil DJls to ti'le A11ti'lority coRcurreRt witl:i ti'le subR'1issioR Elates estaslisi'lee sy ti'le State of California;
submit underwriting information requested by the Authority on a timely basis; provide accurate statistical data concerning the Member City to the Authority when requested;
cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

14. comply with risk management requirements established under the authority of this Agreement.

J oint Powers Agreement

ARTICLE XIX

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2 0 ?2-M-"4
Commented [JWSJ: This will be i ncluded 111_
the program ma st er p lan document
63 WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program,-:..A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with- any provision of the governing documents,--,__Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A, In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City, -a...The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority,....:..The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority,---'-Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to Joint Powers Agreement Page 12 Amended J ul y 1 ,
2 0 2 $±-9c',4
64 participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at anytime if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all otherfunctions necessary to conclude the affairs of the Authority" -.,_The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority.,-.:..Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
A, The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

Joint Powers Agreement Page 13 Amended Jul y 1,
2025~4
65 ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement~,__l n the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds} of the respective city councils of the Member Cities that are parties to this Agreement,--.,_Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein .

ARTICLE XXIX

NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

Jo i nt Powers Agreement Page 14 Amended July 1,
2025~4
66 ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated: ____ _
Jo int Powers Agreement

MEMBER CITY
BY:

Page 1 ends

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67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 RESOLUTION NO.

A RESOLUTION OF THE CITY C,OUNCIL OF LOS, BANOS

APPROVING AMENDMENT TO JOINT POWERS

AGREEMENT OF THE CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
WHEREAS, the Central San Joaquin Valley Risk Management Authority (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers' compensation, and property damage; and
WHEREAS, the City of Los Banos is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; and WHEREAS, the City of Los Banos is a member of the CSJVRMA; and WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement (JPA) as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein as "Exhibit A".

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos approves the CSJVRMA Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached in "Exhibit A"; and BE IT FURTHER RESOLVED THAT the City Manager is authorized and directed to execute such agreement.

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 September 2025, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
1 69

EXHIBIT A
CENTRAL SAN JOAQUIN VALLEY R1SK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
70 TABLE OF CONTENTS
- " .~-~

AMENDED AND RESTATED

JOINT POWERS AGREEMENT

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I - DEFINITIONS ............................................................................................ ..................... 2 ARTICLE II - PURPOSES ............. ............................................................................................ .......... 4 ARTICLE Ill - CREATION OF JOINT POWERS AUTHORITY ...................................... .......................... 4 ARTICLE IV- PARTIES TO AGREEMENT ............................................................... ...... .. .................... 4 ARTICLE V- MEMBERSHIP ................. .. ............................. ...................................... ........................ 5 ARTICLE VI -TERM OF AGREEMENT .......................................................................... ..................... 5 ARTICLE VII - POWERS OF THE AUTHORITY ...................... .... ................................... ........... ... ........ 5 ARTICLE VIII - BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX- BYLAWS AND REGULATIONS ............. ........ ................................................... ....... ....... 7 ARTICLE X - EXECUTIVE COMMITTEE .... ....................... .................................................................. 7 ARTICLE XI - OFFICERS .................................................. ....................... ........................................... 8 ARTICLE XII - JOINT PROTECTION PROGRAMS .............. ................................................................. 8 ARTICLE XIII - RESERVE FUNDS ...................... ......................................... ........................................ 8 ARTICLE XIV-OPERATING FUND ............................ ...... ............................... ........................... .. ...... 9 ARTICLE XV - BUDGET ................................................ ............................ ............. ............................ 9 ARTICLE XVI - FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII - RESPONSIBILITIES OF AUTHORITY ..................................................... ..................... 9 ARTICLE XVIII - RESPONSIBILITIES OF MEMBER CITIES .......................... ...................................... 10 ARTICLE XIX - WITHDRAWAL. ...................... ................................ .. ..................... ........................... 10 ARTICLE XX- INVOLUNTARY TERMINATION ............................................................ .................... 11 ARTICLE XXI - CONTINUED LIABILITY .......................................... ... ... ...................... ...................... 11 71 CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents

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ARTICLE XXII - REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII -TERMINATION OF AUTHORITY ...................................... ....................................... 11 ARTICLE XXIV - AUDIT ........... ........................................................................................................ 12 ARTICLE XXV -ARBITRATION ......................................................................................................... 12

ARTICLE XXVI - BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE ....................................... ........................................................... 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13 72 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and Joint Powers Agreement Page 1 Amended and Restated July 1, 2025 73 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides thaf amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, sha II have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
"Agreement" shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority's Joint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.

Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 74 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "lnsurance"·shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City's risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).

Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 75 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a·portion of the risk. .,

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

ARTICLE Ill

CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, sha II not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 76 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract wfth the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

A. ELIGIBILITY

ARTICLE V

MEMBERSHIP
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided .

This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
l. Make and enter into contracts;
Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 77 2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;

3. Assess Member Cities as deemed appropriate by the Executive Committee;

4. Acquire, hold, or dispose of real and personal property;

5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

6. Sue and be sued in its own name;

7. Employ agents and employees;

8. Acquire, construct, manage, and maintain buildings;

9. Lease real or personal property, including property of a Member City; and

10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

A. STRUCTURE

ARTICLE VIII

BOARD OF DIRECTORS
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/ Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.

Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special Joint Powers Agreement Page 6 Amended and Restated July 1, 2025 78 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.-·
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business.

However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. Creation of any new Joint Protection Program;

3. Termination of any Joint Protection Program;

4. Expulsion of a Member City;

5. Adoption of an operating budget for the Authority;

6. Amendments to the Authority's Conflict of Interest Code; and

7. Authorization for the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 79 ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The functions of auditor /controller of the Authority shall be performed by the Authority's officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.

All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.

Refunds shall be made in accordance with the Master Plan Document for each program.

Joint Powers Agreement Page 8 Amended and Restated July 1, 2025 80 ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. Assist Member Cities in developing their risk management programs;

2. Participate in risk management advisory committees formed by Member Cities;

3. Provide loss prevention, safety, and security services;

4. Provide all program services as required by program Master Plan Documents;

5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. Conduct risk management audits to review the participation of each Member City in the program; and

7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

Joint Powers Agreement Page 9 Amended and Restated July 1, 2025 81 ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
l. Pay all financial obligations to the Authority within the time prescribed;

2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

7. Submit underwriting information requested by the Authority on a timely basis;

8. Provide accurate statistical data concerning the Member City to the Authority when requested;

9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

11. Comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6} months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

Joint Powers Agreement Page 10 Amended and Restated July 1, 2025 82 ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.

Joint Powers Agreement Page 11 Amended and Restated July 1, 2025 83 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority.shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 84 ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated: ____________ _ _

MEMBER CITY
BY:

Joint Powers Agreement Page 13 Amended and Restated July 1, 2025 85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 TO:

FROM :

DATE:

LOsBanos
At the Cross1·oads of California
Agenda Staff Report
Mayor and City Council Members
Minerva Moreno, Finance Director~
September 3, 2025
TYPE OF REPORT: Agenda
SUBJECT: Discontinuance of Residential Water Service Policy Recommendation:

Adopt the Resolution approving the City of Los Banos' Discontinuance of Residential Water Service Policy in compliance with Senate Bill 998 (SB 998).

Background:

On September 28, 2018, the Governor signed SB 998 into law, requiring all urban and community water systems to establish a written policy governing the discontinuation of residential water service due to nonpayment. This policy must be made available in English, Spanish, and any other language spoken by 10% or more of the water supplier's customer base.

SB 998 mandates that water suppliers report annually to the State Water Resources Control Board and post on their website the number of residential service discontinuations due to nonpayment. The City of Los Banos is required to comply with this legislation by February 1, 2020. In the absence of a formal policy, the City has refrained from disconnecting residential accounts for nonpayment.

Key provisions of SB 998 include:
• Prohibition of disconnection for accounts delinquent less than 60 days. • Mandatory written or telephone notice at least seven business days prior to disconnection, including:
o Customer name and address
87 ITEM 7I
o Amount owed
o Payment deadline to avoid shutoff
o Instructions for requesting an extension, appealing the bill, or arranging alternative payments
o Notification to occupants if they are not the account holder Disconnection is prohibited for customers who meet any of the following criteria:

1. Health Conditions - Certification from a primary care provider that discontinuation would be life-threatening or pose a serious health risk.

2. Financial Inability - Demonstrated financial hardship, including participation in qualifying assistance programs or household income below 200% of the federal poverty level.

3. Alternative Payment Arrangements - Willingness to enter into one of the following:
o Amortization of unpaid balance
o Alternative payment schedule
o Partial or full reduction of unpaid balance
o Temporary deferral of payment
The Finance Director or designee will determine the most appropriate arrangement based on the customer's financial documentation and the City's operational needs.

Discussion:

Senate Bill 998 establishes comprehensive consumer protections for residential water customers, ensuring fair treatment and access to alternative payment solutions. The proposed policy formalizes the City's procedures for service discontinuation, incorporating the statutory requirements for minimum delinquency periods, notification protocols, and relief options for qualifying households.

To support implementation and accessibility, the policy includes standardized forms for customers to request medical exemptions, declare household income, and certify financial hardship. These forms-attached to this agenda item-will facilitate consistent evaluation and documentation of eligibility for deferred or reduced payment arrangements.

The policy also reinforces the City's commitment to transparency and equity by requiring multilingual publication and annual reporting to the State Water Resources Control Board. Adoption of this policy will protect vulnerable residents from abrupt service interruptions while promoting responsible revenue collection practices. 88 The Finance Department will oversee policy implementation, ensuring compliance with all regulatory obligations and maintaining clear communication with affected customers.

Fiscal Impact:

City Administration has reviewed the fiscal impact of this policy. By resuming disconnections for nonpayment, the policy is expected to increase revenues and promote timely payments. It is structured to balance consumer protections with longterm financial sustainability. The Finance Department will oversee implementation, ensuring operational impacts are managed through ongoing monitoring, internal controls, and periodic evaluation, while continuing to support vulnerable households.

Reviewed by:

Garv '2.~~anager
Attachments:

Resolution Adopting the Discontinuance of Residential Water Service Policy Exhibit A - Draft Policy
• Draft City Discontinuation of Residential Water Policy • Draft City Discontinuation of Residential Water Policy Spanish Exhibit B - Senate Bill 998
• SB-998 Discontinuance of residential water Bill
Exhibit C - Submittal Forms
• Primary Care Provider Form
• Certification of Financial Hardship Form
• Declaration of Household Income Form
• Payment Agreement Form
• Primary Care Provider Form - Spanish
• Certification of Financial Hardship Form - Spanish
• Declaration of Household Income Form - Spanish
• Payment Agreement Form - Spanish
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS APPROVING AND ADOPTING A POLICY

FOR THE DISCONTINUATION OF RESIDENTIAL WATER

SERVICE FOR NONPAYMENT IN COMPLIANCE WITH
SENATE BILL 998.

WHEREAS, Senate Bill 998 (SB 998), codified in California Health and Safety Code Sections 116900-116926, requires urban and community water systems serving more than 200 service connections to adopt a written policy governing the discontinuation of residential water service for nonpayment; and WHEREAS, the City of Los Banos operates a community water system that meets the criteria set forth in SB 998 and is therefore subject to its provisions; and
WHEREAS, SB 998 mandates specific procedural safeguards including minimum delinquency periods, multilingual notifications, protections for vulnerable populations, and the availability of alternative payment arrangements; and
WHEREAS, the City has prepared a written policy titled "Discontinuation of Residential Water Service for Nonpayment," attached hereto as Exhibit A, which outlines the procedures and protections required under SB 998; and WHEREAS, the City Council finds that adoption of this policy is necessary to ensure compliance with state law, promote transparency, and protect the health and welfare of residents.

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

The City Council hereby approves and adopts the policy titled "Discontinuation of Residential Water Service for Nonpayment," attached hereto as Exhibit A.

City staff is directed to implement the policy and ensure that it is made available to the public in English, Spanish, and any other language spoken by at least 10% of the residents served.

City staff is further authorized to make administrative updates to the policy as needed to remain in compliance with future amendments to SB 998 or related regulations.

The City shall report annually to the State Water Resources Control Board the number of residential service discontinuations for nonpayment, as required by law.
91 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held oii the 3rd day of September 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
92 Exhibit A
Draft Policy
93 DRAFT 09-03-2025
Subject:

CITY OF LOS BANOS
FINANCE DEPARTMENT ••
Administered By:

Finance Department
SB 998 - Discontinuation of Residential Water
Service for Nonpayment Policy Effective Date:
09/03/2025
Page No. 1 of 4
Revised date:

Water Billing Policy: Discontinuation of Residential Service for Nonpayment

1. Purpose: This policy has been established to comply with Senate Bill 998, known as the "Water Shutoff Protection Act" (California Health and Safety Code Sections 116900, et seq.). This Policy shall be made available on the City of Los Banos website. The City's Finance office can be contacted by phone at 209 827-7000 (or by email at [email protected]) to discuss options for averting termination of residential water service for nonpayment under the terms of this policy. This policy does not apply to nonresidential water service.

2. Effective Date: This policy shall be effective on September 3, 2025.

3. Published Languages: This policy and written notices required in this policy shall be available and published in English, the languages listed in Section 1632 of the Civil Code, which include Spanish, Chinese, Tagalog, Vietnamese, and Korean, and any other language spoken by at least ten ( 10) percent of the people residing in the City's water service area.

4. Requirements Precedent to Discontinuing Residential Water Service A. The City shall not discontinue residential water service for nonpayment until a customer has been delinquent for at least sixty (60) days from the billing due date. No less than ten (10) business days before discontinuation of residential water service for nonpayment, the City shall contact the customer named on the account by telephone or written notice.

B. When the City contacts the customer named on the account by telephone pursuant to subparagraph (A), staff shall offer to provide this policy in writing to the customer. City staff shall offer to discuss options to avert discontinuation of water service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal.
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C. When the City contacts the customer named on the account by written notice pursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall be delivered to the customer at their address of record. If the customer's address is not the address of the property to which residential water service is provided, the notice shall also be sent to the address of the property to which residential water service is provided, addressed to "Occupant." The notice shall include, but is not limited to, all of the following information in a clear and legible format:
1) The customer's name and address.
2) The amount of the delinquency.
3) The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential water service, which shall be sixty (60) days from the date that the bill became delinquent unless extended by the discretion of the Finance Director or designee
4) A description of the process to apply for an extension of time to pay the delinquent charges.
5) A description of the procedure to petition for bill review and appeal. 6) A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential water service charges.
7) The City's phone number and a web link to the City's written policy.

5. Good Faith Noticing Requirements
A. If the City is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, the City shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential water service for nonpayment and the City's policy for discontinuation of residential water service for nonpayment.

B. If the customer seeks review or appeal of their bill, the customer shall contact the City before the payment due date and the City will investigate. If the investigation does not result in a resolution acceptable to the customer, the customer may seek review by the Finance Director and subsequently may appeal to the City Manager. The City shall not discontinue residential water service while the appeal is pending.

6. Prohibition Against Discontinuing Residential Water Service 2 95
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A. The City shall not discontinue residential water service for nonpayment if ALL of the following conditions are met: ..
1) The customer, or a tenant of the customer, submits to the City the certification of a primary care provider, City's form 998-A, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential water service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential water service is provided.
2) The customer demonstrates that he or she is financially unable to pay for residential water service within the City's normal billing cycle. The customer shall be deemed financially unable to pay for residential water service within the City's normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, City's form 998-B, or the customer declares that the household's annual income is less than two hundred (200) percent of the federal poverty level, City's form 998-B2.
3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, City's form 998-C, with respect to all delinquent charges.

B. If the conditions listed above in subparagraph (A). are all met, the City shall offer the customer one or more of the following options at City's choice:
1) Amortization of the unpaid balance.
2) Participation in an alternative payment schedule.
3) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers.
4) Temporary deferral of payment.

C. The Finance Director or designee is authorized to determine which of the payment options described in subparagraph (B) the customer undertakes and may set the parameters of that payment option provided that the repayment of any remaining outstanding balance occurs within 12 months, and further provided that the Finance Director may only approve a partial or full reduction of the unpaid balance if that reduction can be funded with other revenues that the City Council has approved and transferred into the Water Enterprise Fund budget explicitly for the purpose of allowing for such reductions.
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The burden of proving compliance with the conditions described in Subparagraph (A), above, . is on the customer. In order to allow .the City sufficient time to process any ., request for assistance by a customer, the customer is encouraged to provide the City with the necessary documentation demonstrating the medical issues under Subparagraph (A)(1 ), financial inability under Subparagraph (A)(2) and willingness to enter into any alternative payment arrangement under Subparagraph (A)(3) as far in advance of any proposed date for discontinuation of service as possible.

Upon receipt of such documentation, the Finance Director, or his or her designee, shall review that documentation and respond to the consumer within ten (10) business days or to notify the customer that additional information is necessary or to notify consumer of the payment option.

Customers who fail to meet the conditions described in Subparagraph (A), above, must pay the delinquent amount, including any penalties and other charges, owing to the City within the latter to occur of: (i) five (5) business days after the date of notification from the City of the City's determination the consumer failed to meet those conditions; or (ii) the date of the impending service discontinuation, as specified in the Discontinuation Notice.

D. Residential water service may be discontinued no sooner than five (5) business days after the City posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
1) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for sixty (60) days or more.
2) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay his or her current residential water service charges for sixty (60) days or more.

7. Restoration of Water Service
A. If the City discontinues residential water service for nonpayment, it shall provide the customer with information on how to restore residential water service. For a residential customer who demonstrates to the City that the household income is below two hundred (200) percent of the federal poverty line, the City shall do both of the following:
1) Set a reconnection of service fee for reconnection during normal operating hours in an amount that does not exceed fifty dollars ($50), or the actual cost of reconnection if it is less. For the reconnection of residential water service during nonoperational hours, the City shall set a reconnection of service fee that does not exceed one hundred fifty dollars ($150), or the actual cost of reconnection during nonoperational hours if it is less. The maximum amount of $50 for reconnection during operational hours and $150 during nonoperational hours shall be subject to an annual adjustment for changes in the 4 97
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Consumer Price Index beginning July 1, 2026. The City shall use the Consumer Price Index - (for All Urban Consumers, San Francisco-Oakland-San Jose) as reported .for the twelve months from February of the previous year to February of the current year for determining the increase in the Consumer Price Index.
2) Waive interest charges on delinquent bills once every 12 months.

B. The City shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than two hundred (200) percent of the federal poverty level.

8. Services involving Landlord-Tenant Relationships
A. If the City furnishes individually metered residential water service to residential occupants of a detached single-family dwelling, a multiunit residential structure, and mobile home and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least ten (10) days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.

B. The City shall not make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law and the City's ordinances, resolutions, rules and regulations.

However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, including requirements which may include, but not be limited to, payment of a deposit of $200 and completion of a City application for service so that the Finance Director, or designee, can evaluate whether the City is satisfied that the residential applicants can meet the terms and conditions of service, or if there is a physical means legally available for the City to selectively terminate service to those residential occupants who have not met the requirements of the City's, the City shall make service available to those residential occupants who the City is satisfied can meet the terms and conditions of service.

9. Reporting Requirements
The City shall annually report the number of discontinuations of residential service for inability to pay on the City's website and to the State Water Resources Control Board. 5 98
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10. Limitations of this Policy
-Nothing in this policy restricts, limits or-otherwise impairs the City's ability to terminate service to a customer for reasons other than those explicitly stated in this policy, including, but not limited to, unauthorized actions of the customer 6 99
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CIUDAD DE LOS BANOS
•• DEPART AMENTO -OE FINANZAS
Asunto: Administrado por: Pagina No. 1 d 4
Departamento de
Polftica SB 998 - Suspension del Servicio Finanzas
Residencial de Agua por Falta de Pago Fecha de Fecha de Revision:

Vigencia:
09/03/2025
Politica de Facturaci6n de Agua: Suspension del Servicio Residencial por Falta de Pago
1, Proposito: Esta politica se ha establecido en cumplimiento con el Proyecto de Ley del Senado 998, conocido coma la "Ley de Proteccion contra la Suspension del Servicio de Agua" (Codigo de Salud y Seguridad de California, Secciones 116900 y siguientes). Esta polftica estara disponible en el sitio web de la Ciudad de Los Banos.

La oficina de Finanzas de la Ciudad puede ser contactada portelefono al 209 827-7000 o par correo electronico a [email protected] para discutir opciones que eviten la suspension del servicio de agua residencial par falta de pago conforme a las terminos de esta polftica. Esta politica no aplica al servicio de agua no residencial.

2. Fecha de Vigencia: Esta polftica entrara en vigor el 3 de septiembre de 2025.

3. ldiomas Publicados: Esta polftica y las avisos escritos requeridos en ella estaran disponibles y publicados en ingles, las idiomas enumerados en la Seccion 1632 del Codigo Civil, que incluyen espanol, chino, tagalo, vietnamita y coreano, asf como cualquier otro idioma hablado por al menos el diez (10) por ciento de las personas que residen en el area de servicio de agua de la Ciudad.

4. Requisitos Previos a la Suspension del Servicio de Agua Residencial A. La Ciudad no suspendera el servicio de agua residencial por falta de pago hasta que el cliente haya estado en saldo retrasado par al menos sesenta (60) dfas desde la fecha de vencimiento de la factura. No menos de diez (10) dfas habiles antes de la suspension del servicio de agua residencial por falta de pago, la Ciudad se comunicara con el cliente registrado en la cuenta por telefono o par aviso escrito.

B. Cuando la Ciudad se comunique con el cliente registrado en la cuenta par telefono conforme al inciso (A), el personal ofrecera proporcionar esta polftica par escrito. El personal de la Ciudad ofrecera discutir opciones para evitar la suspension del servicio de agua par falta de pago, incluyendo, pero sin limitarse a: planes de pago alternatives, 1 100
DRAFT 09-03-2025
pagos diferidos, pagos minimos, procedimientos para solicitar la amortizacion del saldo pendiente y solicitud de revision y apelacion de la factura.

C. Cuando la Ciudad se comunique con el cliente registrado en la cuenta por aviso escrito conforme al inciso (A), el aviso escrito de pago retrasado y suspension inminente sera entregado al cliente en su direccion registrada. Si la direccion del cliente no coincide con la propiedad donde se presta el servicio de agua residencial, el aviso tambien sera enviado a la direccion de dicha propiedad, dirigido a "Ocupante". El aviso incluira, entre otros, la siguiente informacion en un formato claro y legible:
1) Nombre y direccion del cliente.
2) Monto de pago retrasado.
3) Fecha If mite para realizar el pago o acordar un plan de pago para evitar la suspension del servicio de agua residencial, la cual sera sesenta (60) dias desde la fecha en que la factura se volvio retrasada, salvo que se extienda a discrecion del Director de Finanzas o su delegado.
4) Descripcion del proceso para solicitar una extension de tiempo para pagar los cargos retrasados.
5) Descripcion del procedimiento para solicitar la revision y apelacion de la factura. 6) Descripcion del procedimiento mediante el cual el cliente puede solicitar un plan de pago diferido, reducido o alternativo, incluyendo la amortizacion de los cargos retrasados del servicio de agua residencial.
7) Numero de telefono de la Ciudad y enlace web a la politica escrita de la Ciudad.

5. Requisitos de Notificaci6n de Buena Fe
A. Si la Ciudad no logra comunicarse con el cliente o con un adulto que ocupe la residencia por telefono, y el aviso escrito es devuelto par correo como no entregable, la Ciudad debera hacer un esfuerzo de buena fe para visitar la residencia y dejar, o hacer otros arreglos para colocar en un lugar visible, un aviso de suspension inminente del servicio de agua residencial por falta de pago, junta con la politica de la Ciudad sobre dicha suspension.

B. Si el cliente solicita la revision o apelacion de su factura, debera comunicarse con la Ciudad antes de la fecha de vencimiento del pago, y la Ciudad llevara a cabo una investigacion. Si dicha investigacion no resulta en una resolucion aceptable para el cliente, este podra solicitar revision por parte del Director de Finanzas y posteriormente apelar ante el Administrador de la Ciudad. La Ciudad no suspendera el servicio de agua residencial mientras la apelacion este pendiente.
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6. Prohibici6n de Suspension del Servicio de Agua Residencial A. La Ciudad no suspendera el servicio de agua residencial por falta de pago si se cumplen TODAS las siguientes condiciones:
1) El cliente, o un inquilino del cliente, presenta a la Ciudad una certificacion de un proveedor de atencion primaria, formulario 998-A de la Ciudad, segun lo definido en el subparrafo (A) del parrafo (1) de la subdivision (b) de la Seccion 14088 del Codigo de Bienestar e lnstituciones, indicando que la suspension del servicio de agua residencial seria potencialmente mortal o representarfa una amenaza grave para la salud y seguridad de un residente en el inmueble donde se presta el servicio. 2) El cliente demuestra que no tiene la capacidad financiera para pagar el servicio de agua residencial dentro del ciclo normal de facturacion de la Ciudad. Se considerara que el cliente no tiene capacidad financiera si algun miembro del hogar recibe actualmente CalWORKs, CalFresh, asistencia general, Medi-Cal, lngreso Suplementario de Seguridad/Programa de Pago Suplementario Estatal, o el Programa Especial de Nutricion para Mujeres, lnfantes y Ninos de California, formulario 998-B de la Ciudad, o si el cliente declara que el ingreso anual del hogar es inferior al doscientos (200) por ciento del nivel federal de pobreza, formulario 998-B2 de la Ciudad. 3) El cliente esta dispuesto a celebrar un acuerdo de amortizacion, un plan de pago alternativo o un plan de pago diferido o reducido, formulario 998-C de la Ciudad, respecto a todos los cargos retrasados.

B. Sise cumplen todas las condiciones del subparrafo (A), la Ciudad ofrecera al cliente una o mas de las siguientes opciones, a discrecion de la Ciudad:
1) Amortizacion del saldo pendiente.
2) Participacion en un plan de pago alternativo.
3) Reduccion parcial o total del saldo pendiente financiada sin cargos adicionales para otros usuarios.
4) Aplazamiento temporal del pago.

C. El Director de Finanzas o su delegado esta autorizado para determinar cual de las opciones de pago descritas en el subparrafo (B) se aplicara al cliente y podra establecer los parametros de dicha opcion, siempre que el saldo restante se pague dentro de los 12 meses. Ademas, el Director de Finanzas solo podra aprobar una reducci6n parcial o total del saldo pendiente si dicha reducci6n puede financiarse con otros ingresos que el Concejo Municipal haya aprobado y transferido explfcitamente al presupuesto del Fondo de la Empresa de Agua para ese proposito. 3 102
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La responsabilidad de demostrar el cumplimiento de las condiciones descritas en el subparrafo (A) recae en el cliente. Para permitir que la Ciudad procese adecuadamente cualquier solicitud de asistencia, se recomienda que el cliente proporcione la documentacion necesaria que demuestre los problemas medicos conforme al subparrafo (A)(1 ), la incapacidad financiera conforme al subparrafo (A)(2) y la disposicion para celebrar un acuerdo de pago conforme al subparrafo (A)(3), con la mayor anticipacion posible a la fecha propuesta de suspension del servicio.

Una vez recibida dicha documentacion, el Director de Finanzas o su delegado revisara la informacion y respondera al cliente dentro de diez (10) dfas habiles, ya sea solicitando informacion adicional o notificando al cliente sabre la opcion de pago disponible.

Los clientes que no cumplan con las condiciones descritas en el subparrafo (A) deberan pagar el monto retrasado, incluyendo cualquier penalidad y otros cargos adeudados a la Ciudad, dentro del plazo que ocurra mas tarde entre: (i) cinco (5) dfas habiles despues de la notificacion de la Ciudad sobre su determinacion de que el cliente no cumplio con las condiciones; o (ii) la fecha de suspension del servicio especificada en el Aviso de Suspension.

D. El servicio de agua residencial podra suspenderse no antes de cinco (5) dfas habiles despues de que la Ciudad publique un aviso final de intencion de desconectar el servicio en un lugar destacado y visible de la propiedad, bajo cualquiera de las siguientes circunstancias:
1) El cliente incumple un acuerdo de amortizaci6n, un plan de pago alternativo o un plan de pago diferido o reducido par cargos retrasados durante sesenta (60) dfas o mas.
2) Mientras participa en un acuerdo de amortizaci6n, un plan de pago alternativo o un plan de pago diferido o reducido, el cliente no paga las cargos actuales del servicio de agua residencial durante sesenta (60) dfas o mas.

7. Restablecimiento del Servicio de Agua
A. Si la Ciudad suspende el servicio de agua residencial por falta de pago, debera proporcionar al cliente informaci6n sobre c6mo restablecer dicho servicio. Para un cliente residencial que demuestre a la Ciudad que el ingreso del hogar es inferior al doscientos (200) por ciento del nivel federal de pobreza, la Ciudad debera hacer lo siguiente:
1) Establecer una tarifa de reconexi6n del servicio durante el horario normal de operacion que no exceda los cincuenta d6Iares ($50), o el costo real de reconexi6n si es menor. Para la reconexi6n del servicio de agua residencial fuera del horario de operaci6n, la Ciudad establecera una tarifa que no exceda las ciento cincuenta d6Iares ($150), o el costo real de reconexi6n si es menor. Los montos maximos de $50 durante 4 103
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el horario operativo y $150 fuera del horario operative estaran sujetos a ajustes anuales conforme a los.cambios en el fndice de Precios al Consumidor a partir del 1 de julio de 2026. La Ciudad utilizara el fndice de Precios al Consumidor- (para Todos los Consumidores Urbanos, San Francisco-Oakland-San Jose) segun lo reportado para los doce meses desde febrero del ano anterior hasta febrero del ano en curso para determinar el aumento correspondiente.
2) Exonerar las cargos por intereses en facturas retrasadas una vez cada 12 meses.

B. La Ciudad considerara que un cliente residencial tiene un ingreso familiar inferior al 200 por ciento del nivel federal de pobreza si algun miembro del hogar recibe actualmente CalWORKs, CalFresh, asistencia general, Medi-Cal, lngreso Suplementario de Seguridad/Programa de Pago Suplementario Estatal, o el Programa Especial de Nutrici6n para Mujeres, lnfantes y Ninos de California, o si el cliente declara que el ingreso anual del hogar es inferior al doscientos (200) par ciento del nivel federal de pobreza.

8. Servicios Relacionados con Relaciones de Arrendador-lnquilino A. Si la Ciudad proporciona servicio de agua residencial con medidor individual a ocupantes residenciales de una vivienda unifamiliar independiente, una estructura residencial multifamiliar o una casa m6vil, y el propietario, administrador u operador de la vivienda, estructura o parque es el cliente registrado, la Ciudad debera hacer un esfuerzo de buena fe para informar a los ocupantes residenciales, mediante aviso escrito, cuando la cuenta este en saldo retrasado y el servicio este sujeto a suspension, con al menos diez (10) dias de anticipaci6n. El aviso escrito debera informar ademas a los ocupantes residenciales que tienen derecho a convertirse en clientes, a quienes se les facturara el servicio, sin que se les exija pagar ningun monto adeudado en la cuenta retrasada.

B. La Ciudad no proporcionara el servicio a las ocupantes residenciales a menos que cada ocupante acepte los terminos y condiciones del servicio y cumpla con los requisitos legales y con las ordenanzas, resoluciones, normas y reglamentos de la Ciudad. Sin embargo, si uno o mas de los ocupantes estan dispuestos y son capaces de asumir la responsabilidad par las cargos posteriores de la cuenta a satisfacci6n de la Ciudad -incluyendo requisitos que pueden incluir, entre otros, el pago de un dep6sito de $200 y la presentaci6n de una solicitud de servicio de la Ciudad para que el Director de Finanzas, o su delegado, evalue si las solicitantes cumplen con las terminos y condiciones del servicio- o si existe un media ffsico legalmente disponible para que la Ciudad suspenda selectivamente el servicio a aquellos ocupantes que no hayan cumplido con los requisitos de la Ciudad, la Ciudad debera proporcionar el servicio a aquellos ocupantes que considere que sf cumplen con los terminos y condiciones del servicio.
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9. Requisitos de Reporte
La Ciudad debera repartar anualmente el numera de suspensianes del servicio residencial par incapacidad de paga en el sitia web de la Ciudad y ante la Junta Estatal de Control de Recursas Hidricas.

10. Limitaciones de esta Politica
Nada en esta palftica restringe, limita a de alguna manera impide la capacidad de la Ciudad para suspender el servicia a un cliente par razanes distintas a las expresamente indicadas en esta polftica, incluyendo, entre atras, acciones no autarizadas del cliente.
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Exhibit B
.,
Senate Bill 998
106
6/10/24, 4:06 PM Bill Text - SB-998 Discontinuation of residential water service: urban and corrmunity water systems. ~~n,h~ 7 LEGISLATIVE INFORMATION
Home Bill Information / California Law Publications Other Resources My Subscriptions My Favorites SB-998 Discontinuation of residential water service: urban and community water systems. c201?-2018) SHARE THIS: I) Date Published: 09/28/2018 09:00 PM
Senate Bill No. 998
CHAPTER 891
An act to add Chapter 6 (commencing with Section 116900) to Part 12 of Division 104 of the Health and Safety Code, relating to water.
[ Approved by Governor September 28, 2018. Filed with Secretary of State September 28, 2018. J

LEGISLATIVE COUNSEL'S DIGEST
SB 998, Dodd. Discontinuation of residential water service: urban and community water systems.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including water corporations.

Existing law requires certain notice to be given before a water corporation, public utility district, municipal utility district, or a municipally owned or operated public utility furnishing water may terminate residential service for nonpayment of a delinquent account, as prescribed.

This bill would require an urban and community water system, defined as a public water system that supplies water to more than 200 service connections, to have a written policy on discontinuation of water service to certain types of residences for nonpayment available in prescribed languages. The bill would require the policy to include certain components, be available on the system 's Internet Web site, and be provided to customers in writing, upon request. The bill would provide for enforcement of these provisions, including making a violation of these provisions punishable by a civil penalty issued by the board in an amount not to exceed $1,000 for each day in which the violation occurs, and would require the enforcement moneys collected by the board to be deposited in the Safe Drinking Water Account. The bill would prohibit an urban and community water system from discontinuing residential service for nonpayment until a payment by a customer has been delinquent for at least 60 days. The bill would require an urban and co mm unity water system to contact the customer named on the account and provide the customer with the urban and community water system's policy on discontinuation of residential service for nonpayment no less than 7 business days before discontinuation of residential service, as prescribed.

This bill would prohibit residential service from being discontinued under specified circumstances. The bill would require an urban and community water system that discontinues residential service to provide the customer with information on how to restore service. The bill would require an urban and co mm unity water system to waive interest charges on delinquent bills for, and would limit the amount of a reconnection of service fee imposed on, a residential customer who demonstrates, as prescribed, to the urban and community water system household income below 200% of the federal poverty line. The bill would require an urban and community water system that furnishes Individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit structure, mobilehome park, or permanent residential structure in a labor camp, and that the owner, manager, or operator of the dwelling, structure, or park is the customer of record, to make every good faith effort to inform the residential occupants by written notice that service will be terminated and that the residential occupants have the right to become customers, as specified. The bill would require an urban and community water system to report the number of annual discontinuations of residential service for inability to pay on its Internet Web site and to the board, and the bill would require the board to post on its Internet Web site the information reported. The bill would require an urban water supplier, as defined, or an urban and community water system regulated by the commission, to https ://leg inf a.legislature .ca .gov If aces/billTextClient.x htni?bill_id=201720180S8998 1/5 107
6/10/24, 4:06 PM Bill Text - SB-998 Discontinuation of residential water service: urban and community water systems. comply with the bill's provisions on and after February 1, 2020, and any other urban and community water system to comply with the bill's provisions on and after April 1, 2020. The bill would provide that the provisions of the bill are in addition to the provisions in existing law duplicative of the bill and that where the provisions are inconsistent, the provisions described in the bill apply.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no ..

THE PEOPLE OF 1HE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares as follows:
(a) All Californians have the right to safe, accessible, and affordable water as declared by Section 106.3 of the Water Code. (b) It is the intent of the Legislature to minimize the number of Californians who lose access to water service due to inability to pay.
(c) Water service discontinuations threaten human health and well-being, and have disproportionate impact on infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life-threatening medical conditions. (d) When there is a delinquent bill, all Californians, regardless of whether they pay a water bill directly, should be treated fairly, and fair treatment includes the ability to contest a bill, seek alternative payment schedules, and demonstrate medical need and severe economic hardship.
(e) The loss of water service causes tremendous hardship and undue stress, including increased health risks to vulnerable populations.
(f) It is the intent of the Legislature that this act provide additional procedural protections and expand upon the procedural safeguards contained in the Public Utilities Code and Government Code as of January 1, 2018, relating to utility service disconnections.

SEC. 2. Chapter 6 (commencing with Section 116900) is added to Part 12 of Division 104 of the Health and Safety Code, to read:

CHAPTER 6. Discontinuation of Residential Water Service 116900. This chapter shall be known, and may be cited, as the Water Shutoff Protection Act. 116902. For the purposes of this chapter, the following definitions apply:
(a) " Board" means the State Water Resources Control Board. (b) "Public water system" has the same meaning as defined in Section 116275. (c) "Residential service" means water service to a residential connection that includes single-family residences, multifamily residences, mobilehomes, including, but not limited to, mobilehomes in mobilehome parks, or farmworker housing. (d) "Urban and community water system" means a public water system that supplies water to more than 200 service connections.
(e) "Urban water supplier" has the same meaning as defined in Section 10617 of the Water Code. 116904. (a) An urban water supplier not regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2020.
(b) An urban and community water system regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2020. The urban and community water system regulated by the Public Utilities Commission shall file advice letters with the commission to conform with this chapter. (c) An urban and community water system not described in subdivision (a) or (b) shall comply with this chapter on and after April 1, 2020.
116906. (a) An urban and community water system shall have a written policy on discontinuation of residential service for nonpayment available in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by at least 10 percent of the people residing in its service area. The policy shall include all of the following:
(1) A plan for deferred or reduced payments.
(2) Alternative payment schedules.
(3) A formal mechanism for a customer to contest or appeal a bill. https ://leginfo.legislature. ca .gov If aces/billTextaient.x htm?bill_id=201720180SB998 2/5 108
6/10/24, 4:06 PM Bill Text- SB-998 Discontinuation of residential water service: urban and corrmunity water systems . (4) A telephone number for a customer to contact to discuss options for averting discontinuation of residential service for nonpayment.
(b) The policy shall be available on the urban and community water system's Internet Web site, if an Internet Web site exists.

If an Internet Web site does not exist, the urban and community water system shall provide the policy to customers in writing, upon request.
(c) (1) The board may enforce the requirements of this section pursuant to Sections 116577, 116650, and 116655. The provisions of Section 116585 and Article 10 (commencing with Section 116700) of Chapter 4 apply to enforcement undertaken for a violation of this section.
(2) All moneys collected pursuant to this subdivision shall be deposited in the Safe Drinking Water Account established pursuant to Section 116590.
116908. (a) (1) {A) An urban and community water system shall not discontinue residential service for nonpayment until a payment by a customer has been delinquent for at least 60 days. No less than seven business days before discontinuation of residential service for nonpayment, an urban and community water system shall contact the customer named on the account by telephone or written notice.
(B) When the urban and community water system contacts the customer named on the account by telephone pursuant to subparagraph (A), it shall offer to provide in writing to the customer the urban and community water system's policy on discontinuation of residential service for nonpayment. An urban and community water system shall offer to discuss options to avert discontinuation of residential service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal.
(C) When the urban and community water system contacts the customer named on the account by written notice pursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall be mailed to the customer of the residence to which the residential service is provided. If the customer's address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to "Occupant." The notice shall include, but is not limited to, all of the following information in a clear and legible format:
(i) The customer's name and address.
(ii) The amount of the delinquency.
(iii) The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.
(iv) A description of the process to apply for an extension of time to pay the delinquent charges. (v) A description of the procedure to petition for bill review and appeal. (vi) A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges, consistent with the written policies provided pursuant to subdivision (a) of Section 116906. (2) If the urban and community water system is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, the urban and community water system shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and the urban and community water system's policy for discontinuation of residential service for nonpayment. (b) If an adult at the residence appeals the water bill to the urban and community water system or any other administrative or legal body to which such an appeal may be lawfully taken, the urban and community water system shall not discontinue residential service while the appeal is pending.
116910. (a) An urban and community water system shall not discontinue residential service for nonpayment if all of the following conditions are met:
(1) The customer, or a tenant of the customer, submits to the urban and community water system the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided. (2) The customer demonstrates that he or she is financially unable to pay for residential service within the urban and community water system's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the urban and community water system's normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State https ://leg info.legislature.ca. gov If aces/billTextClient.x html?bi1Ud=2D172D 180S8998 3/5 109
6/10/24, 4:06 PM Bill Text- SB-998 Discontinuation of residential water service: urban and cormunity water systems .

Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, orthe customer declares that the household's annual income is less than 200 percent of the federal poverty level. (3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 115906, with respectfo all delinquent charges.
(b) (1) If the conditions listed in subdivision (a) are met, the urban and community water system shall offer the customer one or more of the following options:
(A) Amortization of the unpaid balance.
(B) Participation in an alternative payment schedule.
(C) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers. (D) Temporary deferral of payment.
(2) The urban and community water system may choose which of the payment options described in paragraph (1) the customer undertakes and may set the parameters of that payment option. Ordinarily, the repayment option offered should result in repayment of any remaining outstanding balance within 12 months. An urban and community water system may grant a longer repayment period if it finds the longer period is necessary to avoid undue hardship to the customer based on the circumstances of the individual case.
(3) Residential service may be discontinued no sooner than 5 business days after the urban and community water system posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
(A) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 days or more. (B) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay his or her current residential service charges for 60 days or more.
116912. An urban and community water system that discontinues residential service for nonpayment shall provide the customer with information on how to restore residential service. 116914. (a) For a residential customer who demonstrates to an urban and community water system household income below 200 percent of the federal poverty line, the urban and community water system shall do both of the following:
(1) Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($50), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours, an urban and community water system shall set a reconnection of service fee at one hundred fifty dollars ($150), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. (2) Waive interest charges on delinquent bills once every 12 months . (b) An urban and community water system shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level. 116916. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.
(b) If an urban and community water system furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the urban and community water system shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination, The written notice shall further info rm the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.
(c) The urban and community water system is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law and the urban https ://leg info .legislature .ca. gov /f aces/billTextClient.x htm?bill_id=201720180SB998 4/5 110
6/10/24, 4:06 PM Bill Text - SB-998 Discontinuation of residential water service: urban and cormunity water systems. and community water system's rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the urban and community water system, or if there is a physical means legally available to the urban and community water system of selectively terminating service to those residential occupants who have not met the requirements of the urban and community water system's rules and tariffs, the urban and community water systl!m shall make service availa_ble to those residential occup~nts who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the urban and community water system, residence and proof of prompt payment of rent or other credit obligation acceptable to the urban and community water system for that period of time is a satisfactory equivalent. (e) Any residential occupant who becomes a customer of the urban and community water system pursuant to this section whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the urban and community water system for those services during the preceding payment period. (f) In the case of a detached single-family dwelling, the urban and community water system may do any of the following :
(1) Give notice of termination at least seven days prior to the proposed termination. (2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code. 116918. An urban and community water system shall report the number of annual discontinuations of residential service for inability to pay on the urban and community water system's Internet Web site, if an Internet Web site exists, and to the board. The board shall post on its Internet Web site the information reported. 116920. (a ) The Attorney General, at the request of the board or upon his or her own motion, may bring an action in state court to restrain by temporary or permanent injunction the use of any method, act, or practice declared in this chapter to be unlawful.
(b) For an urban and community water system regulated by the Public Utilities Commission, the commission may bring an action in state court to restrain by temporary or permanent injunction the use by an urban and community water system regulated by the commission of any method, act, or practice declared in this chapter to be unlawful. 116922. All written notices required under this chapter shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the urban and community water system's service area.
116924. Where provisions of existing law are duplicative of this chapter, compliance with one shall be deemed compliance with the other. Where those provisions are inconsistent, the provisions of this chapter shall apply. Nothing in this chapter shall be construed to limit or restrict the procedural safeguards against the disconnection of residential water service existing as of December 31, 2018.
116926. This chapter does not apply to the termination of a service connection by an urban and community water system due to an unauthorized action of a customer.
https ://leg info.legislature.ca.gov /f aces/billTextClient.x htrrl?bill_id=2D1720180SB998 5/5 111
Exhibit C
Submittal Forms
112
Los Banos
FORM998-A
Azrhd .. ,...i.of(.abfnn; Certification of Primary Care Provider

CITY OF LOS BANOS UTILITY BILLING

THIS SECTION TO BE FILLED OUT BY ACCOUNT HOLDER
Account Number Service Address
Account Holder Name Person Receiving Primary Care
Date of Bill seeking Payment Arrangement Amount of Bill Seeking Payment Arrangement I, the account holder, certify under penalty of perjury that the above-named person receiving primary care resides at the service address.

Account Holder Signature Phone Number

THIS SECTION TO BE FILLED OUT BY PRIMARY CARE PROVIDER
Name of Primary Care Provider Name of Clinic or Medical Facility Clinic Address Clinic Phone Number
National Provider lndentifer Person Receiving Primary Care I, the primary care provider, certify under penalty of perjury that I provide care to the above-name person and that discontinuation of water service to this person would pose a serious threat to his or her health safety.

Primary Care Provider Signature

THIS SECTION TO BE FILLED OUT BY CITY STAFF
Date & Time Received Received By Completed By
113
FORM998-B
tosBanos
A11h,CmHmadsnf(;,1iomi<t Certification of Financial Hardship

CITY OF LOS BANOS UTILITY BILLING

THIS SECTION TO BE FILLED OUT BY ACCOUNT HOLDER
Account Number Service Address
Account Holder Name Number of Members in Household
Date of Bill seeking Payment Arrangement Amount of Bill Seeking Payment Arrangement

1. Which of the following forms of assistance are currently utilized by the household? (Only one member of the household need to provide proof of assistance to complete this form.) Assistance Recipient Name
Medi-Cal
Calworks
CalFresh
General Assistance
WIC
(None)

2. Certificate of Financial Hardship
Proof Required
Notice of Action from Merced
Co. Human Services Dept
Social Security Benefit
Verification Letter
Notice of Action from Merced
Co. Human Services Dept
Notice of Action from Merced
Co. Human Services Dept
WIC Card+ Valid California ID
Declaration of Household
Income - Form 998-B2
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the recipient of the above-indicated assistance, that I have provided proof of this, and that I am a member of household of the service address indicated above.

Recipient Name Account Holder Name

THIS SECTION TO BE FILLED OUT BY CITY STAFF
Date & Time Received Received By Completed By
114
FORM 998-B2
Los Banos o\l lh( C,osuundJ. t)j (.al1J,11nia Declaration of Household Income

THIS SECTION TO BE COMPLETED BY ACCOUNT HOLDER
Number of 1 2
People in
Household
Maximum $38,040 $49,745
Gross
Household
Income

LIST OF HOUSEHOLD INCOME
City of Los Banos Utility Billing
Household Income Guidelines
3 4 5 6
$61,450 $73,155 $84,859 $96,564
7 $98,759
8 Each
additional
person
$100,953 $2,195
List all household members currently residing at the service address, regardless of their earning status. Unearned income may include any monies from spouse/partner, SSI/SSD, welfare benefits, unemployment, student grants, rental income, interest, dividends, cash, and/or gifts
Current Household Members Relationship Age Employed? Employment Unearned (Last Name, First Name) (Yes/No) Income (Monthly) Income (Monthly)

1. Head of Household

2. 3.

4. 5.

6. 7.

8. Employment and Unearned Income Totals:

DECLARATION OF HOUSEHOLD INCOME (All household members 18 years of age or older must sign this declaration) I, the undersigned, declare under penalty of perjury under the laws of the State of California that the above information is true and correct.

Print Name Signature

1. 2.

3. 4.

5. 6.

PROVIDE THE FOLLOWING DOCUMENTS THAT APPLY
Current Proof of Income
Federal Income Tax Return
State Income Tax Return
Relationship
Head of Household
Documentation of Unemployment from Employment Development Department

THIS SECTION TO BE COMPLETED BY CITY STAFF
Date & Time Received Received By Completed By
115
tosBanos FORM998-C
Agreement for Payment Arrangement

CITY OF LOS BANOS UTILITY BILLING

THIS SECTION TO BE COMPLETED BY CITY STAFF
The following payment arrangement is proposed between City of Los Banos and the account holder named below. The account holder must sign this agreement for the payment arrangement to take effect.

Account Number Service Address
Account Holder Name Amount of Bill seeking Payment Arrangement #

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

Payment Arrangement Schedule
Installment Payment Due By (Date) Date Received
• Payment arrangements may only be made between City staff and the account holder. • On a monthly basis, a customer is required to pay their current charges in full, in addition to the agreed upon installment payment.
• Payment is to be received no later than 5:00 p.m. on the above listed due date. • A late or missed payment will void the agreement and may place the customer in jeopardy of disconnection, and subject to fees.

I, the account holder, agree to the payment arrangement described above.

Account Holder Signature Date
116
Los Banos FORMULARIO 998-A
Certificacion de Proveedor de Atencion Primaria
FACTURACION DE SERVICIOS PUBLICOS DE LA "CUIDAD LOS BANOS

ESTA SECCION DEBE SER COMPLETADA POR EL TITULAR DE LA CUENTA Numero de Cuenta
Nombre del Titular de la Cuenta
Fecha de la Factura para la que Solicita un Plan
de Pago
Domicilio Recibiendo Servicios
Persona que Recibe Atenci6n Primaria
Monto de la Factura que Busca un Plan de Pago
Yo, el/la titular de la cuenta, certifico bajo pena de perjurio que la persona mencionada anteriormente que recibe atenci6n primaria vive en el domicilio de servicio.

Nombre del Titular de la Cuenta Numero de Telefono

ESTA SECCION DEBE SER COMPLETADA POR EL PROVEEDOR DE ATENCION PRIMARIA Nombre del Proveedor Primario Nombre de la Clfnica o Centro Medico Direcci6n de la Clfnica Numero de Telefono de la Clfnica ldentificador Nacional de Proveedor Persona que Recibe Atenci6n Primaria Yo, el/la proveedor de atenci6n primaria, certifico bajo pena de perjurio que brindo atenci6n a la persona mencionada anteriormente y que la interrupci6n del servicio de agua a esta persona representarfa una amenaza grave para su seguridad sanitaria.

Firma del Proveedor Primario

ESTA SECCION DEBE SER COMPLETADA POR EL PERSONAL DE LA CIUDAD Fecha y Hora Recibido Recibido Por Completado Por
117
Los Banos FORMULARIO 998-B
Al rh,.. On~irnads of C,al!fan-nia
Certificacion de Dificultades Economicas

FACTURACION DE SERVICIOS PUBLICOS DE LA CIUDAD DE LOS BANOS

ESTA SECCION DEBE SER COMPLETADA POR EL TITULAR DE LA CUENTA Numero de Cuenta Direcci6n de Servicio
Nombre del Titular de la Cuenta Numero de Miembros en el Hogar Fecha de la Factura para la que Solicita un Plan Monto de la Factura que Busca un Plan de Pago de Pago

1. lCuales de las siguientes formas de asistencia utiliza actualmente el hogar? (S61o un miembro del hogar debe proporcionar prueba de asistencia para completar este formulario.) Asistencia Nombre del Beneficiario Prueba Requerida
Medi-Cal
CalWorks
CalFresh
Asistencia General
WIC
(Ninguna)

2. Certificado de dificultades financieras
Aviso de acci6n del Departamento de
Servicios Humanos del condado de Merce
Beneficio del Seguro Social
Carta de verificaci6n
Aviso de acci6n del Departamento de
Servicios Humanos del condado de Merce
viso de acci6n del Departamento de
Servicios Humanos del condado de Merced
Tarjeta de WIC + ID Valida de CA
Declaraci6n de lngresos del Hagar
- Formulario 998-B2
Yo, el/la firmante, declaro bajo pena de perjurio segun las leyes del Estado de California que so el destinatario/a de la asistencia indicada anteriormente, que he proporcionado prueba de ello y qu soy miembro del hogar de la direcci6n de servicio indicada anteriormente.

Nombre del Beneficiario Nombre del Titular de la Cuenta

ESTA SECCION DEBE SER COMPLETADA POR EL PERSONAL DE LA CIUDAD Fecha y Hora Recibido Recibido Por Com pletado Por
118
Los Banos ' " j ,, ,j
FORMULARIO 998-B2
Declaracion de Ingresos del Hogar

ESTA SECCION DEBE SER COMPLETADA POR EL TITULAR DE LA CUENTA Numero de
Personas en
el Hogar
1 Facturacion de Servicios Publicos de La Ciudad de Los Banos Guia de lngresos del Hogar
2 3 4 5 6 7 8
lngreso Bruto
Maximo
$38,040 $49,745 $61,450 $73,155 $84,859 $96,564 $98,759 $100,953 del Hogar

LISTA DE INGRESOS DEL HOGAR
Cada
persona
adicional
$2,195
Lista de todos los miembros del hogar que viven actualmente en el domicilio de servicio, independientemente de si tienen ingresos. Los ingresos no derivados del trabajo pueden incluir dinero del c6nyuge/pareja, 551/SSD, prestaciones sociales, desempleo, becas estudiantiles, ingresos por alquiler, intereses, dividendos, efectivo y/o regalos.

Miembros Actuales del Hogar Relacion Edad tEmpleado? lngresos laborales 1ngresos no (Apellido, Nombre) (Si/No) erivados del trabaj
(Mensuales) (Mensuales)

1. Cabeza de Familia

2. 3.

4. 5.

6. 7.

8. Totales de empleo e ingresos no laborales:

DECLARACION DE INGRESOS DEL HOGAR (Todos los miembros del hogar mayores de 18 af\os deben firmar esta declaracion) Yo, el abajo firmante, declaro bajo pena de perjurio segun las leyes del Estado de California que la informacion anterior es verdadera y correcta.

Nombre Firma

1. 2.

3. 4.

5. 6.

PROPORCIONE LOS SIGUIENTES DOCUMENTOS QUE CORRESPONDAN
Comprobante de lngresos Actual
Declaracion de lmpuestos Federales
Declaraci6n de lmpuestos Estatales
Relacion
Cabeza de Familia
Documentacion de Desempleo del Departamento de Desarrollo del Empleo

ESTA SECCION DEBE SER COMPLETADA POR EL PERSONAL DE LA CIUDAD Fecha y Hora Recibido Recibido Por Completado Por
119
, tosBanos FORMULARIO 998-C
Acuerdo de Arreglo de Pago

FACTURACION DE SERVICIOS PUBLICOS DE LA CIUDAD DE LOS BANOS

ESTA SECCION DEBE SER COMPLETADA POR PERSONAL DE LA CIUDAD Se propane el siguiente acuerdo de pago entre la Ciudad de Los Banos y el titular de la cuenta que se indica a continuacion. El titular de la cuenta debe firmar este acuerdo para entrar en el acuerdo de pago.

Numero de Cuenta Domicilio Recibiendo Servicio
Nombre del Titular de la Cuenta Monto de la Factura que Busca un Plan de Pago Payment Arrangement Schedule
# Pago a Plazo Fecha de Vencimiento Fecha Recibido

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.
• Los acuerdos de pago solo pueden realizarse entre el personal de la Ciudad y el titular de la cuenta. • Mensualmente, el cliente debe pagar sus cargos actuales en su totalidad, ademas del pago a plazos acordado.
• El pago debe recibirse a mas tardar a las 5:00 p. m. en la fecha de vencimiento indicada anteriormente.
• Un pago tardfo o no realizado anulara el acuerdo y puede resultar en la suspension del servicio y estar sujeto a cargos.
o, el/la titular de la cuenta, acepto el acuerdo de pago descrito anteriormente.

Firma del Titular de la Cuenta Fecha
120
TO:

FROM:

DATE:

LOsBanos
\
Agenda Staff Report
Mayor & City Council Members
Ray Reyna, Chief of Police #
September 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing the Chief of Police to sign an
Memorandum of Understanding with the County of Merced
for the County Violence Interruption and Prevention
Emergency Response (V.I.P.E.R.) Team
Recommendation~
That the City Council approve the Chief of Police to execute a Memorandum of Understanding (M.O.U.) between the County of Merced and the City of Los Banos, to participate in the County Violence Interruption and Prevention Emergency Response (VIPER) team, and contribute $50,000.00 annually as part of the program.

Discussion:

In 2016, the County of Merced received $4.5 million in state funding and in 2017, created the Violence Interruption and Prevention Emergency Response (V.I.P.E.R.) team. This team is made up of crime analysts that assist local law enforcement and the Merced Area Gang and Narcotics Enforcement Team (M.A.G.N.E.T.) in criminal investigations, and analyst services. V.I.P.E.R. has assisted the Los Banos Police Department on many occasions with investigations related to homicides, gang crimes, violent assaults, narcotics investigations, and high tech investigations. State funding is now exhausted and the larger county agencies have all agreed to contribute to keep this resource in place.
121
ITEM 7J
As part of this .agreement, the City of Los Banos will agree to pay $50,000 on an annual basis, which will be our share to support a portion of one full time crime analyst.

Agencies participating in this agreement include: The Atwater Police Department ($34,000), the City of Merced ($75,000), the Livingston Police Department ($8,000), the Merced County District Attorney (total cost of one full-time crime analyst), the Merced County Probation Department (total cost of one full-time crime analyst), and the Merced County Sheriff's Department (total cost of one full-time crime analyst).

Agencies wishing to withdraw from this M.O.U. may do so by notifying the Merced County District Attorney's office in writing.

This memorandum of understanding has been reviewed and approved by the City Attorney's office.

Fiscal Impact:

Expenditures: 236-421-100-231 Professional Services
Adequate funding for FY 25/26 is has been identified through salary savings in the Department's Measure P fund. The funding source for future years will be determined during the annual budget process and brought to Council for approval.

Reviewed by:

Gary Brizzee, Interim City Manager Min~~Director
Attachments:

Resolution
Memorandum of Understanding
122
RES.OLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CHIEF OF POLICE TO SIGN

AN MOU WITH THE COUNTY OF MERCED FOR

THE COUNTY VIOLENCE INTERRUPTION AND

PREVENTION EMERGENCY RESPONSE
(V.I.P.E.R) TEAM
WHEREAS, the County of Merced and the City of Los Banos prioritize public safety and work to; and
WHEREAS, the Merced County Violence Interruption and Prevention Emergency Response V.I.P.E.R. program is in place to assist county and local law enforcement with the investigation of complex investigations; and
WHEREAS, the Los Banos Police Department wishes to participate with other county agencies in the VIPER program, our share of one full-time crime analyst, in the amount of $50,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the Police Chief to execute a Memorandum of Understanding with the County of Merced and formally participate in the Counties V.1.P.E.R. program.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd of September 2025, by; AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
123
MEMORANDUM OF. UNDERSTANDING

FOR MERCED COUNTY'S

VIOLENCE INTERRUPTION AND PREVENTION

EMERGENCY RESPONSE (VIPER) TEAM
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), on behalf of its District Attorney's Office, and law enforcement agencies responsible for providing law enforcement support to Merced County.

INTRODUCTION
This Memorandum of Understanding is entered into for the purpose of facilitating the transfer offunds between the Merced County District Attorney's Office and governmental entities participating in the operation of the Merced County Violence Interruption and Prevention Emergency Response Program (VIPER). This Agreement shall be effective Fiscal Year 2024-2025 through Fiscal Year 2026-2027.

PURPOSE
In 2016, looking for outside sources of revenue to combat escalating violence, The District Attorney's Office drafted a proposal for state funding to create an intelligence unit within the District Attorney's Office. Based on previous multi agency gang investigations in Merced County, law enforcement leaders had concluded that an essential part of a successful gang interdiction strategy was state of the art intelligence analysis. Assemblyman Adam Gray agreed to pursue the necessary funds through the state budget process. Assemblyman Gray succeeded in obtaining $4.5 million for a three-year Merced County pilot project nicknamed VIPER (Violence Interruption and Prevention Emergency Response).

In 2017, the VIPER program became operational. VIPER has continued to assist law enforcement with their efforts to reduce violent crime.

The continued purpose of the VIPER program is to assist local law enforcement and the Merced Area Gang and Narcotic Enforcement Team (MAGNET) in their efforts to curtail current criminal activity to reduce violence and increase quality of life in the community.

MISSION OF THE VIPER PROGRAM
The mission of the VIPER program is to produce accurate and timely information regarding criminal activity, prioritizing crimes of violence, to law enforcement agencies throughout the county. VIPER is also committed to providing insight as to where resources can be deployed to curtail at-risk offenders from engaging in criminal activity. 1 124
GOALS
The goal of the VIPER program is to use Criminal Intelligence Analysts to acquire, analyze and disseminate accurate information on criminal activity, especially violent crime, to all law enforcement agencies in Merced County.

PARTICIPATING AGENCIES
The participating agencies are as follows:

AGENCY
Merced County District Attorney
Merced County Sheriff
Merced County Probation Department
Merced Police Department
Atwater Police Department
Livingston Police Department
Los Banos Police Department
California Department of Justice -
Bureau of Investigations

MANAGEMENT AND SUPERVISION

CONTACT PERSON
Nicole A. Silveira
Vernon H. Warnke
Christopher Henn
Steven Stanfield
Michael Salvador
John Ramirez
Ray Reyna
Rachel Capello
The management and supervision of VJPER's operations and resources will be the responsibility of the District Attorney's Office. Criminal Information Analysts assigned to VIPER will be under the supervision of the District Attorney's Chief Investigator and Supervising Investigator.

REIMBURSEMENT OF COSTS
The Fiduciary Facilitator for the funds will be the Merced County District Attorney's Office.

All transfer of funds between the Merced County District Attorney's Office and the participating agencies shall be in furtherance of the objectives of the VIPER program.

Operational Costs:

Personnel will be housed in leased facilities at a confidential location. MAGNET is colocated at this facility. MAGNET is responsible for payment of the lease and maintenance for the facilities. The fiduciary for MAGNET is the Merced County Sheriff's Office. The business and mailing address for VIPER is that of the Merced County District Attorney's Office at 550 W. Main Street, Merced, CA 95340.

The District Attorney's Office is responsible for payment of all other costs associated the 2 125
operations of VIPER, and may include communications, computer and forensic equipment, network connectivity, office supplies and other investigation costs as necessary. - Investigation costs incurred by participating agencies for VIPER activity may be reimbursed on a pre-approval basis. All requests for reimbursement will be submitted to the Merced County District Attorney's Chief Investigator for initial review and approval. The requests shall include itemized invoices containing details of the expenditure and/or detail of the labor cost (number of hours, cost per hour, cases in which hours are attributable). Once the Chief Investigator has approved the request, the reimbursement request shall be forwarded to the District Attorney and the Merced County District Attorney's Office fiscal administrator for final review and approval.

In addition to the invoices submitted for payment, participating agencies must complete and submit Form W-9, "A Request for Taxpayer Identification Number and Certification" (www.irs.gov/pub/ irs-pdf / fw9.pdf).

If the request for reimbursement does not comply with this MOU or there are not sufficient funds to make the reimbursement, the Merced County District Attorney's Office will not approve the reimbursement and the burden of the cost will be at the expense of the participating agency.

Upon approval by the Merced County District Attorney's Office, the requests for reimbursement shall be paid within thirty (30) days following receipt of a proper request.

Personnel Costs:

Analysts will provide participating agencies criminal analytical support for investigations.

The VIPER program will be fully staffed with five (5) analyst positions all housed together at the MAGNET location, funded as follows:
• The Merced County District Attorney will continue to fund one (1) full-time analyst position with the remaining balance of state funding received for the VIPER project. • The Merced County District Attorney agrees to fund one (1) full-time analyst position. • The Probation Department agrees to fund one (1) full-time analyst position. • The Merced Sheriff's Office agrees to fund one (1) full-time analyst position.

The following agencies agree to commit to the following funding to support one (1) full-time analyst position, total estimated annual cost $167,000:
• Atwater Police Department - $34,000.00: The Atwater Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Thirty-Four Thousand Dollars and No Cents ($34,000.00), which shall represent payment to the Merced 3 126
County District Attorney's Office in full for the Atwater Police Department's share of the annual support ofone full-time analyst position assigned to VIPER:The payment shall be ii' single lump sum payment made annually on or before the 30th of ______ _, commencing _____ 30, 2025.
• Los Banos Police Department - $50,000.00: The Los Banos Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Fifty Thousand Dollars and No Cents ($50,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Los Banos Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of _____ _, commencing _____ 30, 2025.
• Merced Police Department - $75,000.00: The Merced Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Seventy-Five Thousand Dollars and No Cents ($75,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Merced Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of _____ __, commencing _____ 30, 2025.
• Livingston Police Department- $8,000.00: The Livingston Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Eight Thousand Dollars and No Cents ($8,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Livingston Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of _____ _, commencing _____ 30, 2025.

CONDITIONS
County and the Participating Agencies shall each indemnify, defend and hold harmless the other parties, their officers, elected officials, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this MOU, including, without limitation, claims or administrative actions arising from claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons, but only to the proportionate extent such claims, damages, costs, expenses, attorney's fees, or liabilities are caused by the indemnifying party's negligence, whether by action or omission, or willful misconduct. 4 127

REVISIONS'
The terms of this MOU may be amended during the term of the agreement by mutual agreement of the parties. The District Attorney's Office will notify in writing all parties to the MOU of any changes thirty (30) days before the change becomes effective. Any party choosing to withdraw from the MOU shall notify the District Attorney in writing.

CONTACTS
The MOU contacts and their respective contact information for this MOU are:

Name and Title Contact Information
Nicole A. Silveira Merced County District Attorney
District Attorney 550 W. Main Street
Merced, CA 95340
(209) 385-7381
Nicole.Silveira@count!i'ofmerced.com
Vernon H. Warnke Merced County Sheriffs Department
Sheriff-Coroner 700 w. 22nd Street
Merced, CA 95340
(209) 385-7451
Vern.Warnke,aJcount~ofmerced.com
Christopher Henn Merced County Probation Department
Chief Probation Officer 1880 Wardrobe Ave
Merced, CA 95341
(209) 385-7569
Christooher.Henn [email protected]
Steven Stanfield Merced Police Department
Chief of Police 611 W. 2200 Street
Merced, CA 95340
{209) 385-8883
stanfields@cit~ofmerced.org
Rich McEachin Atwater Police Department
Chief of Police 750 Bellevue Road
Atwater, CA 95301
(209) 357-6388
[email protected];
John Ramirez Livingston Police Department
Interim Chief of Police 1446 "C" Street
Livingston, CA 95334
(209) 394-5577
jramirez@livingstoni;id.org
5 128
Ray Reyna Los Banos Police Department
·- Chief of Police ... 945 'Fifth Street ·--~
Los Banos, CA 93635
(209} 827-7070, Ext. 116
Rey.Reyna@losbanos. org
California Department of Justice
Bureau of Investigations
Rachel Capello 1735 "E" Street
Special Agent in Charge Fresno, CA 93706
(559} 457-5003
[email protected]
Signature page to follow
6 129
We, the undersigned, as authorized representatives of the participating agencies, do hereby approve this MOU.

By Date
Forrest Hansen, Merced County Counsel
By Date

MERCED COUNTY DISTRICT ATTORNEY
By Date

MERCED COUNTY SHERIFF
By Date

MERCED COUNTY CHIEF PROBATION OFFICER
By Date

MERCED CHIEF OF POLICE
By Date

ATWATER CHIEF OF POLICE
By Date

LIVINGSTON CHIEF OF POLICE
By Date

LOS BANOS CHIEF OF POLICE
By Date

SPECIAL AGENT IN CHARGE, BUREAU OF

INVESTIGATIONS, FRESNO OFFICE
7 130
TO:

FROM:

DATE:

LOsBanos
t th .. rlJssroa,ls oj t lifo, nia
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Directo~
September 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of Parcel Map No. 2023-01, which includes dedications of Public Utility Easements as shown on the map and a 20' widening along Ward Road, and Ward Court.

Recommendation:

That the City Council of the City of Los Banos adopts the Resolution approving Parcel Map No, 2023-01, which includes dedications of Public Utility Easements as shown on the map and a 20' widening along Ward Road, and Ward Court. The land involved is more specifically, a portion of Assessor Parcel Numbers 084-030-004, 084-030-047 and 084-030-048. The resolution is for approval of Parcel Map No. 2023-01 and authorizes the title company to record the Parcel Map with the County of Merced Recorders Office.

Background:

The Tentative Parcel Map No. 2023-01 was approved by the City of Los Banos Planning Commission on October 19, 2023 by Resolution No. 2023-26. In October 2024, the applicant, Guelah, LLC, submitted the Ward Industrial Park Parcel Map #2023-01 for review. Said map was reviewed and deemed substantially compliant by the City of Los Banos' Consulting Firm and Surveyor. The map included dedications to the City of Los Banos for Public Utility Easements, a 20' widening along Ward Road and Ward Court as shown on Parcel Map No. 2023-01, which require approval from the City Council of the City of Los Banos. In August 2025, the applicant requested Parcel Map No. 2023-01 be presented to City Council for approval and authorization for the 131
ITEM 7K
applicant's title company to record the Parcel Map with the County of Merced Recorders Office.

Discussion:

Based on the Conditions of the Tentative Parcel Map and review of Parcel Map No. 2023-01 dedications of Public Utility Easements as shown on the map and a 20' widening along Ward Road, and Ward Court are required to provide future utility infrastructure and appropriate access to the parcels being created by Parcel Map No. 2023-01.

Fiscal Impact:

None.

Reviewed by:

Attachments:

Resolution
Parcel Map
Site Map
132
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING PARCEL MAP
NO. 2023-01, WHICH INCLUDES DEDICATIONS

OF PUBLIC UTILITY EASEMENTS AS SHOWN ON
THE MAP AND A 20' WIDENING ALONG WARD
ROAD, AND WARD COURT.

WHEREAS, Guelah, LLC, a Limited Liability Corporation, requests approval of Parcel Map No, 2023-01, which includes dedications of Public Utility Easements as shown on the map and a 20' widening along Ward Road, and Ward Court as shown in said map; and
WHEREAS, based on conditions of the Tentative Parcel Map and review of Parcel Map No. 2023-01 dedications of Public Utility Easements as shown on the map and a 20' widening along Ward Road, and Ward Court are required to provide future utility infrastructure and appropriate access to the parcels being created by said map; and WHEREAS, the City of Los Banos approves Parcel Map No. 2023-01, more specifically identified as a portion of Assessor Parcel Number 084-030-004, 084-030-04 7 and 084-030-048, by Guelah, LLC, a Limited Liability Corporation; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approves Parcel Map No. 2023-01, which includes dedications of Public Utility Easements as shown on the map and a 20' widening along Ward Road, and Ward Court.

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 September, 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
133
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rw; 20' KON: ALONG IIMD RCMO. Nil NWiO COURT.
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REFERENCES
(A) R£C0R0 OF SUMY FOR ~ 8RU11£RS. l(l(.U&tf' ~ OF SL.,Rl,OS', PNJ£'5 #--46, M.C.R.
(8) R£CORO OF 5lHMY FOR GPS SI.Hi\£Y CONTRCIL NCTWORK IN TH£ CITY OF LOS fi4NOS, Kl.Ult£' 2~ OF ~ PACES 9-12, M.C.R.

NOTES
I, AU. 8EMNJS NKJ OISTANCES SHOWN H£REON AR£ M£AStli'!lJ UM.ESS Dn-ERWfSE NOTED.

2. AU. DISTJNC£5 ANO OIU£HSKJNS SHOWN AR£ IN FrrT IIND C€CAW,l,l PARTS THER£0F. J. AU RECORD IFORMATKJN SHOWN IS FRCII llfRC£D COUNTY RECORDS. 4. Atl PIP£ SIZES ME HSD£ DWETfR UNLESS N01CI) OTHE1nttS£ $. fWtC£L 1/J IS A PRl',MTC ~y C'CMRW OfTWO.Y ef A PERPETUAL RB7R<JCM.. 1NGRCSS. £GRCSS, ACC£5S. /NJ IJMJ01<IRO<HJ m,,,sT1IIJCT\JI fASfllENT PER OOCUENT 1/CCOROCD =~=~"' 202' AS DOC >KJ. ==~==- M.C.R. I, TH£ PR0P0S£D Rfc,:>ROCN_ .a£SS £ASaENT Ill BC ~1£0 fir A SCWN.T£ OOCVl.t£HT ANO IS NOT ~llD ro 1HC PUBVC OR CR£ATfD BY TH'S ltlAP. 8'.SIS OF 8£ARJNGS
A 8£MiNG OF NF.J"f0'OJ"r IIMS M£ASW£JJ fOR TH£ I.JI£~ "GPS STATION 1021" AND 't;PS STATION J026' AS SHOWN ON R£m1£NCE (11), IMS IJS(1J AS THC IIASIS OF 8fN/ING roRTIISUAP

SUBOMS/ON SUUMARY
PIIAATf RONJ (PAIICEI. 18) PARCa.St-17
S1T/£ETDEDICAT10N
TOTAL
J.J<NJ11£S
114 . .f.JN:RES

1.03 ACRES
,,a.ao ACR£S
PARCEL MAP NO. 2023-01
8fJNG A SUBD/VISION OF TH£ WID D£SCR/8£D IN TH£ O<X. NO. 2021-056007 )NO ADJUS1FJJ PARCEL J D£SC/?18£D IN
INSTRUMENT NO. 202J-00155J, OF M£RC£D COUNTY RfCOIIOS,
BEING A POl?TION OF SECTION 19, TOWNSHIP 10 SOU1H,
RANGE 1 1 WT, IJOUNr 0/ABLO U£Rf0/AN
CfTY OF LOS BANOS, COUNTY OF /JERCED, STATE OF CALIFORNIA JUN£ 2025

BENCHMARK ENGINEERING
K!LUNc __
CIVB. ~EERING, PLANNING, AND LAND SURVEYING
•8PYRES WAY, Sim A, IIOOe8TO, CALFOIINA,IIW (2111 l54HIICI PA.GE SHEU 2 OF 5
135
LEGEND
FOUID J/4• IRON Pff. ltffl1 PIASTK: PlW STAMF'W LS 1()4() PER (A), UNlESS NOTfJJ 01Hf1/'/rfSE • FOUND GPS MCMAIENT, AS' SHOWN ON RfF (B)
SEI J/4• .t 2,1.• RON ~ 'MTH PYiSDC Pf.UC srNIPtD LS N>40 0 !fl 1/4", 24" I/ON Pff, llffll PIASIIC PWG ,,_ LS 6(H(J II IIOfAJfJ£NT 11£!.L O.f/. OFTIC1'J. ll£COROS
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I.ANDS OF ROMERO
AfW 084-030-006
16-5-42
RUER£NCES
(A) RECORD OF 5lAMY FDR Ma4 M011ERS, ~ 64 OF SUM"lS, PN;£S 0-,M, U.CJt. (BJ R£CfJRD OF 5UMY FOR CPS St.fMY CONTROL fE1ltQWC II THC arr OF LOS flAHOS, .a.I.IE 21 OF S(.ffl,f'Y.S, PN'J£S ,-12_ ILC.R.

N0TtS
I, ALL l/£M/NGS NKJ 0/SW/CCS SHIJWN HD/£0N NI£ JEAS1JllfD IM.£5S Clll/£RWISC NOrr:D. 2. All OIST'IK:£5 ,W/J OlltlEHSJONS SH()WN NI£ II Fm' AND ~ PNrT5 TH£R£OF. .I ALL lf£CORO Htw'AM110N 5HOfJil,I IS FROII IERCED COUNTY !l£CORDS. 4. ALL Pff ~ NfC NS« DIMICTUt I.HESS N01ED OTH!JffWS£ ~ PNi'CO. 1a IS A PR'M1F RCMDIIMY ctM:RED lJfflRll.Y BY A PRMITr RmPROCAL ACCESS EltSO/fNT' AND A PU8UC U1lRY t:ASal£NT. 6. Tl£ PROPOSED RECIPROCAi. AcctSS £AS£JJ£NT IMU B£ CR£4rED fh' A ~TE DOC1JIENT AND JS NOT omotl'ED 1'0 TH£ PU8UC Off CREATa> llr MS kW'. 1 ... -1..,-i-----------------i
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J.30 Hl"18"06T 5$.00'
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136
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f"O/JND J/4" IRON PIPE, WfTli PUSTIC PL/JC STIMPEI) LS IJ(),f() P€ll (A), UNLESS NOTfD OTHERWISE:

FOUNfl <RS MON1JUOfl', "5 500"" ON /l£F (8)
SET J/f• 1t 24• IRON PIP£. WITH PfAS'1C PtUG ST'MIP£D LS 8040 I PARCEL 6 .,,. PNIC£l.8 0 SET J/4" x 24" IRON Pf'!. tltffll PIAS11C PL/JC STNJl'fl) LS /J04IJ IN M0NUM£NT NEU • r'<..- 11,00·~1so16' V , • Ll2 • \$1,. I II I ~ IL-,..,,5',.JOJ.M'~ ', I 27J.M' . ::)o,, ~ ../~ ,;......_ ,. 2 , tJat.1111' --,I !15 /.,.. Jll,14' ~ . L ~ • 'l/f JJ0.)5 _,,.,..,, _,,. • ., PARCEL 18 • ~ ~ Nt!IJ'41'5<1" <M.,r , ~ .,, 67' -~,.) _o <,,"> - ~ NM'4l'5<1" 7'7,M' ;:
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PARCEL 10 127,81J S.F. 2,g.J ACRES
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PARCEL 11 128,586 S.F. 2,g5AOi!f$
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L2 SM'18'Jl"E' 68.20' {IIXA/ <
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LIJ SM"41'54"E' 14.18'
Ll4 Nl"18'06'F "'-00'
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CJ ,,,-~•37" 60.00' ,f,J.78'
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cs W00'4J" 60.00' 94.26'
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C, 45'lt'2J" :J,#,00' 26.82'
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Cl2 9UOO'(Xr 6(),00' 94.25'
CIJ N21'JO" 276.00' 141.42'
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INSTRUMENT NO. 202J-001SSJ, OF /JUICED COUNTY RECORDS, BEING A PORTION OF SECTION 19, TOWNSHIP 10 SOl/TH, RANGE 11 EAST, 1,1()1.JNT 0/ABI.O MERIDIAN
CffY OF LOS BANOS, COUNTY OF MERCED, STATE OF CAJJFORNIA JUNE 2025

EE BENCHMARK ENGINEERING
CIVIL ENGINEERING, PLANNING, AND LAND SURVEYING - 4216 SPYRES WAY, atm A, ll0DESTO, CALFORIIIA, IA5& (2111154M300 VOLUME" __ PAGE __ SHEIT 4 OF 5
137
LE(JEJ{D R£FcR£NCES PARCEL MAP NO. 2023-()1 FOUND J/f.• fRON PIP(, WITH PUS/IC PU.JG STAIIP£D IS IJO.fO PER (A), UNl.£SS NOTED <RHi1i'tlfSE (A) RfCORD OF SIJR\.£Y FOR ~ BROrHERS, Kit.IA£ 64 OF ~ PAGE'S -14-0, tl.C.R. BEING A SUBDMS/ON OF THE LAND OESCR/8£0 IN THE DOC. NO. 2021-056007 AND ADJUSTED P-'RCEL J 0£:SCRIBEO IN
INSTRUMENT NO. 2023-001553, OF M£RCEO COUNTY RECORDS,
8£1NG A PORTION OF SECTION 19, TOWNSHIP 10 SOUTH,
RANGE 11 EAST, 1,/()(/Nf DIAB/..0 MER/DWI
• FOUND GPS MON1AENr, AS SHOWN ON ffU" (B)
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5. PN1CCL ta IS A PRtVATE R04DtlMY ~ onmr BY A l'RM',TE RfCl'ROG'l AiCC£SS £AS£ME1{T' AMJ A PU8LJC lJTK..frt fAS£IENT.

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FOUND r • Ol.lfSIDc 0WJ£Trn
CITY OF LOS BANOS, COUNTY OF IJERCEO, STATE OF CALIFORNIA JUNE 2025

EE BENCHMARK ENGINEERING

CIVIL ENGINEERING, PLANNING, AND LAND SURVEYING
42A8PYIIES WAY, lllmA, IIODESTO, CAI.EORIIA, Ilia (Mii 54MIIO SEESHEET4 1Y.55Jdti SEE SHEET 3 . \ I \ ~~. PARCEL 2
PARCEL 18 IRON - PER (A), NO TAG~
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L6 S81"57'Jt'"W 107.28'
L17 =20'.2<T 81.()0'
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m ~g"2(}'24"W 81.00'
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139

THIS PAGE IS INTENTIONALLY LEFT BLANK
140
TO:

FROM:

DATE:

LOsBanos
I t11 ro d of alifon1ia
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works DirectoP
September 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Animal Shelter Rehabilitation Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:

That the City Council adopts the Resolution to:
1 . Accept the construction of the Animal Shelter Rehabilitation as complete; and

2. Authorize the Interim City Manager to file the Notice of Completion with the Merced County Recorder; and

3. Authorize the Interim Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.

Background:

The Animal Shelter, located at 1010 Airport Road, Los Banos, CA 93635, recently underwent significant improvements. The staff office building was demolished and replaced with a 24' x 60' modular office, which was accepted as complete by the City Council on January 15, 2025.

Animal Control Services operates under the supervision of the Code Enforcement Sergeant and is staffed by two Code Enforcement Officers and two Animal Shelter Attendants. In addition, a variety of volunteer organizations assist with animal care, reunification, and adoptions. The team's dedication is evident in the strong adoption, reclaim, and rescue outcomes achieved each year.
141
ITEM 7L
The Animal Shelter Rehabilitation Project was essential to ensuring staff could continue to provide excellent care to the animals of Los Banos. Ongoing deterioration and a lack of on-site improvements raised safety concerns, which made this project a City priority.

Discussion:

The City released the advertisement for bid for the Animal Shelter Rehabilitation Project on September 25, 2024, held a pre-bid meeting on October 3, 2024 and bid opening on October 25, 2024. The City received six (6) responsive bids.

Animal Shelter Rehabilitation
Contractor Location Amount
BMY Construction Group, Inc. Fresno, CA $555,288.00
Taylor Backhoe Service, Inc. Merced, CA $326,268.30
Convergent Construction Milpitas, CA $429,013.00
Paradigm Construction, Inc. Modesto, CA $521,900.00
Westside Landscape & Concrete Newman, CA $458,218.61
Marvulli Commercial Merced, CA $505,824.90
Staff reviewed the bid proposals for completeness. Taylor Backhoe Service, Inc. (TBS) provided the lowest responsive and responsible bid for the project. Staff recommended TBS be awarded the contract for the construction of the Animal Shelter Rehabilitation.

City Council awarded the contract on November 20, 2024 for 367,592.05.

There were seven (7) change orders for this project, two of which were deduction change orders for work that was removed.
• Change Order #1 - $9,323.94: Installation of a City-owned PG&E power pole. • Change Order #2 - ($41,323.75): Removal of the 6' chain link fence, which required additional grading outside the original scope of work. • Change Order #3 - $41,627.26: Grading and compaction of the back parking lot, which was excluded from the original bid.
• Change Order#4-$56,499.30: Adjustments to grading and building requirements. • Change Order #5 - $7,217.30: Additional irrigation to supplement the existing inadequate system.
• Change Order #6 - $3,869.00: Installation of a booster pump and electrical circuit to increase water pressure and make the irrigation system operational. • Change Order #7 - ($8,296.00): Removal of the installation of misters.

The total construction cost for this project was $436,509.10, which includes the original bid amount of $367,592.05 plus the seven (7) change orders. This reflects an 18.7% increase over the original contract amount.
142
Fiscal Impact:

The fiscal impact of this project was budgeted in Fiscal Year 2024-2025 under line item 206-410-100-720 in the ARPA Fund and line item 245-421-100-720 in the Police Capital Improvement Fund. The release of retention funds will be processed from account number 206-000-206-000 and 245-000-206-000, with no additional impact to the approved budget. This action reflects the final disbursement under the contract and closes out the payable obligation. The retention total is $21,825.47.

Reviewed by:

Ga ~~~ Manager
Attachments:

Resolution
Notice of Completion
Site Photos
Minerva Moreno, Finance Director
143

THIS PAGE IS INTENTIONALLY LEFT BLANK
144
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE

ANIMAL SHELTER REHABILITATION

PROJECT AS COMPLETE AND

AUTHORIZING THE FILING OF A NOTICE OF

COMPLETION WITH THE MERCED COUNTY

RECORDER
WHEREAS, on October 25, 2024 the City of Los Banos received competitive bids for the construction of the Animal Shelter Rehabilitation Project; and WHEREAS, on November 20, 2024 the City Council awarded the Construction Contract to Taylor Backhoe Services, Inc. for the construction of the Animal Shelter Rehabilitation Project; and
WHEREAS, the Interim Public Works Director has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Animal Shelter Rehabilitation Project as complete; authorize the Interim City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Interim Public Works Director to release the five (5) percent retention held in escrow after the thirtyfive (35) days from the date of filing the Notice of Completion.

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 September 2025, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
145
RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION
l. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO.

CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 5th day of August, 2025, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was _____________ _ Taylor Backhoe Service, Inc.
(If no contractor for work of improvement as a whole, insert "No Contractor.")

6. That the real property herein referred to is situated in the ______ C==ity...___,, o=f-=L=o=s-=B=a=n=o=s _____ _ ____ _ County of Merced State of California, and is described as follows:
"Animal Shelter Rehabilitation" - 1010 Airport Rd.

The major work consists of miscellaneous site work, including new chain-link fencing, concrete, automated gates, landscaping and irrigation, and other improvements as shown on the plans and specifications.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: ---------------------

ACKNOWLEDGMENT
146
Site Photos:
147

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148
TO:

FROM:

DATE:

LOsBanos
t la tlifo, nit1
Agenda Staff Report
Mayor and City Council Members -----t"7
Joe Heim, Acting Public Works Director { Y
September 3, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to issue purchase orders for equipment and vehicles through the cooperative procurement contract with Sourcewell Recommendation:

Adopt a Resolution satisfying the requirements of City Code Sec. 3-10.290 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute purchase orders.

Background:

During the fiscal year 2025-2026 budget preparation the Public Works Department identified equipment and vehicles needed for staff to effectively and efficiently perform the duties assigned to the department. Acquisitions and replacement items have been identified as necessary for safety, efficiency, productivity, and/or environmental reasons (Air Board CARS Compliance).

Listed below are the equipment and vehicles that staff is requesting purchase orders:

BUDGET SOURCEWELL
CAPITAL# ITEM AMOUNT PRICE VENDOR
26PK0003 Dump Truck $ 180,000.00 $ 147,822.74 Gibbs International Inc 26ST0003 Compact Track Loader $ 115,000.00 $ 112,501.93 Holt of California 26ST0004 Wheel Loader w/Bucket $ 240,000.00 $ 217,629.49 Holt of California 26WA0001 Backhoe $ 185,000.00 $ 169,097.32 Holt of California 26WA0002 Generator MDG250DF4 $ 250,000.00 $ 138,968.78 ES Energy Systems 26WT0001 Tractor w/Triple Flail Mower $ 275,000.00 $ 271,410.03 Tiger Mowers, Inc 149
ITEM 7M
Below is a sum!Tiary of the equipm~11t and vehicles:
• 26PK0003 - Dump Truck:

A single axle ten-foot bed dump truck that will support the Parks crew by transporting materials such as dirt, mulch, and wood chips to parks and other City areas. This is funded in the Parks budget account 100-452-100-750. • 26ST0003- Compact Track Loader:

Replaces a 2001 Track Loader that is non-compliant with California Air Resources Board (CARB) regulations. This equipment is essential for daily tasks including digging, lifting, and grading. The Compact Track Loader serves the same need as a Skid Steer, except it utilizes tracks instead of wheels. This is funded in the Streets budget account 100-431-210-753.
• 26ST0004 - Wheel Loader with Bucket:

Replaces a 2007 Wheel Loader that is no longer reliable and not cost-effective to repair. The new loader includes a bucket and supports a variety of operational needs. This is funded in the Streets budget account 100-431-210-753. • 26WA0001 - Backhoe:

Replaces a 2001 Backhoe that is non-compliant with California Air Resources Board (CARB) regulations. This backhoe assists Staff with digging, handling and loading in their daily tasks and projects. This is funded in the Water and Wastewater Collections budget accounts 501-461-100-753 & 502-432-100-753. • 26WA0002 - Generator:

Replaces a 2009 Tier 3 Generator that is non-compliant with California Air Resources Board (GARB) regulations. This generator is used in keeping City Well Stations and Sewer Lift Stations operational during power outages. This is funded in the Water and Wastewater Collections budget accounts 501-461-100- 740 & 502-432-100-740.
• 26WT0001 - Tractor with Triple Flail Mower:

This Tractor with Triple Flair Mower will be utilized at the Wastewater Treatment Plant. It will be used in keeping weeds and thick vegetation cut on the property around the plant. This is funded in the Wastewater Collections and Treatment budget accounts 502-432-100-753 & 502-433-100-753.

Discussion:

The City of Los Banos is a member of Sourcewell (membership #60888). Sourcewell (formerly NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute with the authority to develop and offer cooperative procurement services to its membership, which includes states, cities, counties, and other government and public agencies. Per the statute [Minn. Stat. § 123A.21 Subd. 4 (2017)], Sourcewell facilitates a competitive bidding and contracting process on behalf of the needs of itself and its members, resulting in Cooperative Purchasing. Sourcewell contracts are awarded by the action of the Sourcewell Board of Directors based on the open and competitive bidding process. As a member of Sourcewell, the City of Los Banos can select vendors, selected by Sourcewell, without further competitive bidding.
150
City Code Sec. 3-10.290 allows for the use of cooperative procurement: (b) Use of another entity's contract. The City Manager may authorize the procurement of c9.mmodities, equipm~nt and/or services th.rough the use of a cq~tract initiated by an9.ther governmental, public agency, provided that the original parties to the contract agree, the contract was awarded within twelve (12) months of the date of authorization, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required by this chapter. (§1, Ord. 1068, eff. February 1, 2008).

The City of Los Banos has used the cooperative procurement process to make purchases in the past, through Sourcewell. This cooperative procurement process has demonstrated efficiency and effectiveness in purchasing equipment for the Public Works Department. It allows the City to achieve better pricing and streamline purchases by removing repetitive, resource intensive, and costly bid procedures.

Fiscal Impact:

Funding for these capital items have been identified in the Fiscal Year 2025-2026 Public Works Capital plan and approved by Council on June 18, 2025.

The impact to each line is as follows:
100-452-100-750: $180,000.00 (100% Dump Truck)
100-431-210-753: $355,000.00 (100% Compact Track Loader and 100% Wheel Loader w/Bucket)
501-461-100-753: $92,500.00 (50% Backhoe)
502-432-100-753: $92,500.00 (50% Backhoe)
501-461-100-740: $125,000.00 (50% Generator
502-432-100-740: $125,000.00 (50% Generator)
502-432-100-753: $137,500.00 (50% Tractor w/Triple Flail Mower) 502-433-100-753: $137,500.00 (50% Tractorw/Triple Flail Mower) Reviewed by:
16· AL
Gary Brizze?13
Interim City Manager
Attachments:

Resolution
Equipment/Vehicle Vendor Quotes
Finance Director
151

THIS PAGE IS INTENTIONALLY LEFT BLANK
152
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE CITY MANAGER TO ISSUE PURCHASE

ORDERS FOR EQUIPMENT AND VEHICLES

THROUGH THE COOPERATIVE

PROCUREMENT CONTRACT WITH

SOU RC EWELL
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos Code Sec. 3-10.290 allows for the use of cooperative procurement; and
WHEREAS, The City Manager may authorize the procurement of commodities, equipment and/or services through the use of a contract initiated by another governmental, public agency, provided that the original parties to the contract agree, the contract was awarded within twelve (12) months of the date of authorization, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required; and WHEREAS, the City of Los Banos is a member of Sourcewell (formerly National Joint Powers Alliance) and was assigned member number 60888; and WHEREAS, participation in Sourcewell results in efficient and effective purchasing with cost and time savings to the City of Los Banos, while insuring competitive procurement; and
WHEREAS, funding for equipment and vehicles were approved by Council with the fiscal year 2025-2026 budget on June 18, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorize the City Manager to issue purchase orders for the following equipment and vehicles through the cooperative procurement contract with Soucewell:
153

BUDGET SOURCEWELL
CAPITAL# ITEM AMOUNT PRICE VENDOR
26PK0003 Dump Truck $ 180,000.00 $ 147,822.74 Gibbs International Inc 26ST0003 Compact Track Loader $ 115,000.00 $ 112,501.93 Holt of California 26ST0004 Wheel Loader w/Bucket $ 240,000.00 $ 217,629.49 Holt of California 26WA0001 Backhoe $ 185,000.00 $ 169,097.32 Holt of California 26WA0002 Generator MDG250DF4 $ 250,000.00 $ 138,968.78 ES Energy Systems 26WT0001 Tractor w/Triple Flail Mower $ 275,000.00 $ 271,410.03 Tiger Mowers, Inc 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 September 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
154
26PK0003
Dump Truck
155

GIBBS INTERNATIO
Salesperson: Jose Torres
S520208
GIBBS TRUCK CENTERS Date: 8/18/2025
ALINC
Phone 559-445-9690
FAX 559-445-9699
JStock# 15001
2712 S. 4TH ST, FRESNO, CA. 93725 Name: City Of Los Banos RETAIL ORDER FOR NEW AND USED Sourcewell Contract (032824-NVS) 60888 MOTOR VEHICLES AND ATTACHMENTS 1015 F Street
CITY: Los Banos ST/ZIP Ca 93635
Seller# 04508 PHONE: (209) 827-6223 FAX
I hereby order from you, sub ect to all terms, condftlons and agreements contained here.

Year New/Used Make Model SERIAL# Body Type Price
2026 New lnt'I MV607 1 HTEUMML 11S650201 DP $135,374.53 10' I 517 yard dump body
Doc Fee $85.00

1. Cash Price = $135,459.53
2, Sales Tax 8.750% $11,852.71
Merced County

3. Federal Excise Tax (FETI $0.00

4. CA Tire Tax ($1;75 each) 6 $10.50

5. Vehicle Price Including Tax $147 322.74
TRADE-IN 6. Down Pavment/Deposlt $0.00
YEAR
MAKE 7. Trade Allow $0.00
MODEL TotalDown/Depc,stt= $0.00
SERIAL# 8.Un Id Balance $147 .322.74

BODYTYPE
TRADE ALLOW 9. Optional Svc Contract $0.00
AMOUNT OWING a. (OMV) Est. Cert. of Title $0.00
NET TRADE ALLOW $0.00 b. Origination fee $500.00
STOCK#
Total other Charges $500.00
Unpaid Balance (Amount Financed) $147,822.74
!This order is subject lo ~" er:eeptanea.ot.._, ___ Finance Charges Gibbs Tru,...Gerife--rs to whicJJ.(is Total of Payments $147 822.74 ad<lressed.
~ Deferred Payment Price $147,822.74
Note: H vehicle IS Used, The Vehlcl& ,. sold • AS 1s·
Salesman: J-iJs.e"°Torres I !WITH NO WARRANTY unless otherwise endorsed by Soller.

J/ PURCHASER ACKNOWLEDGES RECEIPT OF AN EXACT
COPY OF THIS ORDER.

Sales Manager
Purchaser: Date: 8/18/2025
City Of Los Banos
Payment Schedule: Purchase agrees to pay 'TOTAL OF PAYMENTS" (Item 9 above} in __ lnsta0men1s of$ each and installments of$ each, and __ installments of$ each, payable on !he same day each successive month commencing • 20_, and H follows;
•If no ciate Is Inserted in blank, the first Installment Is payable one month from date of agreement.

LIABIUTY INSURANCE COVERAGE FOR BODILY INJURY AND ~ROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED City Of Los Banos
156
<(► INTERNATIONAL
lntemationaf Motors, UC is pleased to provide you with this proposal compliant with all terms of the Sourceweli Vehicles and Chassis Contract#032824-NVS awarded fromerly to Navistar, Inc now International Motors, UC for new lnternation,I truck(s), If you have any questions regarding enrollment in Sourcewell or detailed contract terms and conditions, please see your local International Dealer safes representative.

Sourr:ewe/1 Member:

Contact:

Address:

CifJI/Statf!/Zip:

Phone:

Email:

Proposal Number
Date
PROPOSAL PREPARED FOR:

Quantity of this Spec;flcation
Single Sourcewell Transaction Total Volume
Chassis
New 2026 lntemational MV607 Chassis
Base Chassis Ust
Options list
Sourcewell Contract Discount
Volume Incentive
Material Price lnaeases
4903
8/18/2025
l
$ 113,929.00
$ 23,905.00

30.3%
NetSourcewell Chassis Price
Soun:ewell Partner Body
Handling Fee 4.00%
Non-SOurtewell Duler Supplied Body
Dump Body
Handling Fee 5.00%
Additional Post Build Work
PROPOSAi. PREPARS> BY:
s 137,834.00
$ (41,790.08)
$ - $ - s 96,043.92
$ -
$
$ -
$ 31,983.00
$
$ 1,599.15
Pre Delivery Inspection indudlng test drive Ji 690.00
Fire Extingvser and Triangl~ kits 590.00
. Handling Fee 64.00
Service Contracts - CARB Comp Plan $ 830.00
$
$
Additional ~relgt,t
Freight to and from Body Company $ 1,460.00
$
Additiona 1 Floorpilln
Flooring unit until final payment 107 DilY5" $ 2.156.30 $ -
Additional Fees & Taxes
Sales Tax 8.750% $ 11,856.37
OrgFee $ 550.00
$
f""mal Sourcewell Per Vehlde Price FOB $ 147,822.74
Final Soun:ewelf Total Vehlcle(s) Price $ 147,822.74
I Additional Soufcewell Qualified conrent
ISilver Package Award $1,200
Terms:
157
26ST0003
Compact Track Loader
158
of ('alifornia

CITY OF LOS BANOS-FLEET SERVICES
Account# 57102

FLEET SERVICES
1015 F STREET
LOS BANOS, California 93635
Attention: ADRIANNA VIERRA
Quote 168390-01
Aug 20,2025
New Caterpillar Model: 265 HF Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: M25234 SERIAL NUMBER: 0KR404148 YEAR: 2025 SMU: 17.4

ADDITIONAL SPECIFICATIONS
i Reference # ... - --~ --
586-0268
,651-83.!_4
586-0014
:642-3007
579-2311
585-9837
585-9588
607-8408
586-0167
586-0041
640-5405
592-6357
579-2312
Descriptio_n of M~t~~~I a_n~ 5ql!,iP_~ent
265 05A COMPACT TRACK LOADER ~ .. -- . --
1 CAB PACKAGE, ULTRA
)HYD~ULIC~. ~~RF<?~M~N~5~ -~HP3)
)IDLER WHEELS, TRIPLE FLANGE ,~ ~---- - . - - ·

WORKLIGHTS,LED,FRONT/REAR/SIDE

COMFORT PKG, ENCLOSED CAB,HVAC
SEAT.AIR SUSPENSION,HEATNENT
PACKAGE, TECHNOLOGY (TS) - - FAN, COOLING, DEMAND -~-~- ---- - .. - COUPLER, HYDRAULIC, SELF LEVEL

HOSE GUIDE, ATTACHMENT

RIDE CONTROL, NONE
; REAR LIGHTS

WARRANTY INFORMATION
Standard Warranty:

Extended Warranty:

CSA
List Price
Governmental Sourcwell Discount
Additional Holt of California Discount
Net Balance Due
Sales Tax (8. 75%)
1 Reference # t- ____ ...
'613-1924
~ ______ .,.. __ ..,_
;593-7244
i---
1594-2212
I ---_,, ,
;586-0093
'.596--4432
i606-6585
.,_ ,- y• -~- -
'651-8586
579-2323
_l585-9582
1585-9676
1421-8926
i
'Description of Material and Equipment ,--..cc·,-· - ---· .. -- -- JS~lff ~E~ T, 3" ·-- __
;~~o~!.£A.!3_,_ POLYCARBONAT~
!HEATER, ENGINE COOLANT, 120V J-~---~,- - - ~
)GUARDING/ SEALING PKG, (HD1) 'I.- -· -- - • ··- • -~ • ·-·- •·--- :TRA,CK, RUBBER, 17.71N1 BLOC!(
!FUEL, ELECTRIC PRIMING
l1NTEGRATED RADIO ' ;PRODUCT LINK, CELLULAR PL243
!iNSTRUCTIONS, ANSI, USA - --1 ------ -··--

ICOUNTERWEIGHT,MACHINE,EXTERNAL
lsERIALIZED TECHN-ICAL MEDIA KIT
IENGINE SIN: J2818159
24 months/ 2,000 hours
265-60 MO/4000 HR POWERTRAIN + HYDRAULICS + TECH
Dry Parts Kit- 24 MO/1000 HR
$135,782.51
-$22,332.46
-$10,000.00
$103,450.05
$9,051.88

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