Los Banos City Council
September 17, 2025

LOsBanos
At the Crossroads of Cal(fornia
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
SEPTEMBER 17, 2025-6:00 PM
Live stream on YouTube at:
https ://www. you tu be.com/@losbanos406
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial o asistencia de traducci6n para atender o participar en esta junta porfavorllame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo me nos 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 Half, 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 def Ayuntamiento respecto a cualquier articulo 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 Half, 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.org/category/city-council/ Los Banos City Council Agenda - September 17, 2025 Page 1 of4 1 1. CALL TO ORDER- September 17, 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. 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.)

6. 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 #253549 -#253743 in the Amount of $1,549,431 .04.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6983 - Approving the Annual Local Transportation Fund (L TF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2024-2025.

Recommendation: Adopt the resolution as submitted.

C. City Council Resolution No. 6984 - Authorizing and Ratifying the City's Participation in the Homeland Security Grant Program and Authorizing the City Manager on Behalf of the City of Los Banos to Enter into the Standard Grant Assurance Agreement with Cal-OES and a Subrecipient Agreement with the County of Merced.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6985 - Approving and Electing to "Opt In" to the Purdue Settlement and Secondary Manufacturers' Settlement and Authorizing the City Manager to Execute Participation Agreements and Related Documents Relating to the National Opioids Settlements.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - September 17, 2025 Page 2of4 2 pgs. 1-4
pgs. 5-8
pgs. 9-18
pgs. 19-48
pgs. 49-56

7. SAN LUIS RESERVOIR UPGRADE PRESENTATION - By Pablo Arroyave, Chief Operating Officer with the San Luis & Delta-Mendota Water Authority.

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

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. (Second Reading & Adoption)
Recommendation: Receive staff report, open public hearing, close the public hearing, waive the second reading, and adopt the ordinance as submitted.

9. VINEYARD DRIVE/DOVE STREET AND STATE ROUTE 165 INTERSECTION CONTROL ALTERNATIVES.

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

10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6986 - APPOINTING A CITY MANAGER AND APPROVING AND AUTHORIZING THE

EXECUTION OF THE LOS BANOS CITY MANAGER EMPLOYMENT
AGREEMENT.

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

11. COUNCIL MEMBER REQUEST REGARDING CITY RENTAL PROPERTIES (MAYOR PRO TEM LEWIS).

Recommendation: Discussion and direction from the City Council on how to proceed.

12. CITY DEPARTMENT REPORTS.

A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
Los Banos City Council Agenda- September 17, 2025 Page 3of4 3 pgs. 57-58
pgs. 59-76
pgs. 77-82
pgs. 83-102
pg. 103
F. Police
G. Public Works
Recommendation: Informational item only, no action to be taken.

13. CITY MANAGER REPORT.

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

14. CITY COUNCIL MEMBER REPORTS.

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

15. CLOSED SESSION.

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

B. Conference with Labor Negotiators (Government Code Section 54957.6).

Agency Designated Representatives: Interim City Manager Brizzee, Human Resources Director Mallonee, City Attorney Vaughn, Legal Counsel Tuffo.

Employee Organizations: Los Banos Police Officers Association, Los Banos Police Dispatchers Association, Los Banos Police Middle Managers Association, Los Banos Police Dispatchers/Community Services Officers Association, Los Banos Fire Fighters Association, Public Employees' Union Local 1 and Unrepresented/Miscellaneous Employees.

16. 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. i~t.~
Lucille L. Mallonee, City Clerk Dated this 12th day of September 2025 Los Banos City Council Agenda - September 17, 2025 Page 4 of 4 4 Ck# 253549 - # 253743 09/17/2025 $1,549,431.04
Los Banos ..\t th, C r,,sswµd:. oJ ( .uh(Alfl1la
Check Number Payment Date Vendor Module Payment Type Payment Amount 253549 08/27/2025 AFSCME District Council 57 Accounts Payable Check 12.96 253550 08/29/2025 Apex Annex Health Center, Inc. Accounts Payable Check 801.00 253551 08/29/2025 Blue shield of California Life & Health Insurance Co. Accounts Payable Check 1,033.97 253552 08/29/2025 Hector Castillo Accounts Payable Check 439.00 253553 08/29/2025 Cruz Flores Accounts Payable Check 338.93 253554 08/29/2025 Laboratory Corporation of America Holdings Accounts Payable Check 681.45 253555 08/29/2025 Los Ba nos Downtown Assoc. Accounts Payable Check 19,841.33 253556 08/29/2025 Gerald "Obie" O'Brien Accounts Payable Check 77.14 253557 08/29/2025 Law Offices of William A Vaughn Accounts Payable Check 14,700.00 253558 08/29/2025 Ascent Aviation Group, Inc. Accounts Payable Check 27,088.18 253559 08/29/2025 AT&T Accounts Payable Check 352.55
253560 08/29/2025 Beam Insurance Administrators LLC Accounts Payable Check 23,466.24 253561 08/29/2025 Bound Tree medical LLC Accounts Payable Check 776.19 253562 08/29/2025 BSK Associates Accounts Payable Check 4,010.75 253563 08/29/2025 Jose Manuel Barragan Accounts Payable Check 500.00 253564 08/29/2025 Gabriela Brizuela Accounts Payable Check 80.00 25-3565 08/29/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 531.06 253566 08/29/2025 Civitas Advisors Accounts Payable Check 1,759.68 253567 08/29/2025 Comcast Accounts Payable Check 108.16 253568 08/29/2025 Copy Shipping Solutions Accounts Payable Check 106.55 253569 08/29/2025 LN Curtis & Sons Accounts Payable Check 296.25 253570 08/29/2025 City of Los Banos Utility Accounts Payable Check 67,140.62 253571 08/29/2025 Gisela Camarena Accounts Payable Check 650.00 253572 08/29/2025 Alessandra Coninck Accounts Payable Check 50.00 253573 08/29/2025 Dos Palos Publishing Company Accounts Payable Check 340.00 253574 08/29/2025 Fehr & Peers Accounts Payable Check 2,192.50 253575 08/29/2025 Food 4 Less Accounts Payable Check 359.04 253576 08/29/2025 Luis F. Freitas Accounts Payable Check 2,305.00 253577 08/29/2025 Garton Tractor Inc Accounts Payable Check 50.59 253578 08/29/2025 Hi Tech Emergency Vehicle Services, Inc Accounts Payable Check 15,975.43 253579 08/29/2025 Tires to you Inc Accounts Payable Check 1,356.96 253580 08/29/2025 Marfab Inc Accounts Payable Check 208.14 253581 08/29/2025 Mtech Inc. Accounts Payable Check 6,549.54 253582 08/29/2025 MCH Electric, Inc. Accounts Payable Check 1,000.00 253583 08/29/2025 O'Reilly Auto Parts Accounts Payable Check 285.47 253584 08/29/2025 PG&E Company Accounts Payable Check 12,122.34 253585 08/29/2025 Phoenix Group Information Systems Accounts Payable Check 822.18 253586 08/29/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 3,657.50 253587 08/29/2025 Pulltarps Accounts Payable Check 886.05 253588 08/29/2025 Ana Pena Accounts Payable Check 275.00 253589 08/29/2025 Pena Real Estate Accounts Payable Check 350.00 253590 08/29/2025 Juan Perez Accounts Payable Check 50.00 253591 08/29/2025 Ralph Anderson & Associates Accounts Payable Check 16,500.00 253592 08/29/2025 RAT Incorporated Accounts Payable Check 235.00 253593 08/29/2025 Reliance Standard Life Insurance Company Accounts Payable Check 6,315.29 253595 08/29/2025 Rincon Consultants, Inc. Accounts Payable Check 7,646.50 253596 08/29/2025 Rocky Mountain Communication Systems Inc Accounts Payable Check 18,179.31 253597 08/29/2025 Maria Rodriguez Accounts Payable Check SO.OD 253598 08/29/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 3,986.65 253599 08/29/2025 Save Mart Supermarkets Accounts Payable Check 70.16 253600 08/29/2025 Springbrook Software, Inc. Accounts Payable Check 71,190.99 5 ITEM 6A
253601 08/29/2025 Sorensens True Value Accounts Payable Check 211.76 253602 08/29/2025 Strobes N More Accounts Payable Check 963.29 253603 08/29/2025 Technicon Engineering Services, Inc. Accounts Payable Check 3,668.00 253604 08/29/2025 The Heil CO Accounts Payable Check 238.00 253605 08/29/2025 Thirkettle Corporation Accounts Payable Check 61,673.04 253606 08/29/2025 Cal Mat Co. Accounts Payable Check 706.19 253607 08/29/2025 Estela Tiscareno Accounts Payable Check 50.00 253608 08/29/2025 Uline, Inc. Accounts Payable Check 46.08 253609 08/29/2025 United Site Services, Inc. Accounts Payable Check 2,280.42 253610 08/29/2025 Vestis Accounts Payable Check 982.43
253611 08/29/2025 Verizon Wireless Accounts Payable Check 116.49 253612 08/29/2025 West Coast Aerial Photography, Inc. Accounts Payable Check 5,000.00 253613 08/29/2025 Westside Water Conditioning Accounts Payable Check 62.95 253614 08/29/2025 Windecker Inc Accounts Payable Check 4,262.37 253615 09/02/2025 Frontline General Engineering Construction Inc Accounts Payable Check 148,636.21 253616 09/02/2025 PG&E Company Accounts Payable Check 225,973.68 253619 09/05/2025 Agile Occupational Medicine PC Accounts Payable Check 65.00 253620 09/05/2025 Mayla Aguilar Accounts Payable Check 95.00 253621 09/05/2025 Miguel Barrera Accounts Payable Check 57.00 253622 09/05/2025 Sara Blevins Accounts Payable Check 326.25 253623 09/05/2025 John Butler Accounts Payable Check 187.50 253624 09/05/2025 David Darren Cole II Accounts Payable Check 76.00 253625 09/05/2025 Jimmy Dewitt Accounts Payable Check 57.00 253626 09/05/2025 Ferrara Ranches, LTD Accounts Payable Check 5,000.00 253627 09/05/2025 Jennifer Hogan Accounts Payable Check 95.00 253628 09/05/2025 Integrated Tactical Concepts, LLC Accounts Payable Check 2,100.00 253629 09/05/2025 JB Anderson Land Use Planning Accounts Payable Check 15,825.00 253630 09/05/2025 KO Medical Group, Inc. Accounts Payable Check 48.00 253631 09/05/2025 Liebert Cassidy Whitmore Accounts Payable Check 4,038.50 253632 09/05/2025 William Marchese Accounts Payable Check 95.00 253633 09/05/2025 Samuel Morales Accounts Payable Check 850.00 253634 09/05/2025 Jesus Parras Accounts Payable Check 76.00 253635 09/05/2025 Kassandra Perez Accounts Payable Check 95.00 253636 09/05/2025 Ranchwood Homes Accounts Payable Check 1,422.23 253637 09/05/2025 Domingo Sandoval Accounts Payable Check 700.00 253638 09/05/2025 Juan Soriano Accounts Payable Check 57.00 253639 09/05/2025 Animal Damage Management, Inc. Accounts Payable Check 4,386.00 253642 09/05/2025 AT&T Accounts Payable Check 74.32
253643 09/05/2025 Backflow Apparatus & Valve Co. Accounts Payable Check 813.20 253644 09/05/2025 Boot Barn Accounts Payable Check 543.03 253645 09/05/2025 BSK Associates Accounts Payable Check 2,905.12 253646 09/05/2025 BWR Tools LLC Accounts Payable Check 45.40 253647 09/05/2025 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 5,320.37 253648 09/05/2025 Capital One Accounts Payable Check 590.30 253649 09/05/2025 Chrisp Company Accounts Payable Check 99,993.30 253650 09/05/2025 Central Valley Concrete Inc. Accounts Payable Check 2,615.44 253651 09/05/2025 Comcast Accounts Payable Check 739.44 253652 09/05/2025 CPS Accounts Payable Check 1,144.25
253653 09/05/2025 Crystal Castro Accounts Payable Check 600.00 253654 09/05/2025 Dos Palos Publishing Company Accounts Payable Check 120.00 253655 09/05/2025 Double D Towing, LLC Accounts Payable Check 217.50 253656 09/05/2025 Fastenal Company Accounts Payable Check 166.18 253657 09/05/2025 Federal Express Corporation Accounts Payable Check 27.15 253658 09/05/2025 Ferrellgas, Inc. Accounts Payable Check 226.97 253659 09/05/2025 Frasier Irrigation a Div. of Landmark Irrigation Accounts Payable Check 1,215.24 253660 09/05/2025 Garton Tractor Inc Accounts Payable Check 45,630.18 253661 09/05/2025 Grassland Water District Accounts Payable Check 86,859.00 253662 09/05/2025 Julie Guzman Accounts Payable Check 350.00 253663 09/05/2025 Helena Chemical Co Inc Accounts Payable Check 1,783.50 6 253664 09/05/2025 Hoffman Electronic Systems Accounts Payable Check 151.95 253665 09/05/2025 Holt of California Accounts Payable Check 145.55 253666 09/05/2025 Kellogg's Supply Accounts Payable Check 10,674.18 253667 09/05/2025 Les Schwab Tire Centers of Central Ca. Inc. Accounts Payable Check 6,710.85 253668 09/05/2025 Linda De La Herran Accounts Payable Check 80.00 253669 09/05/2025 Marfab Inc Accounts Payable Check 408.80 253670 09/05/2025 Oscar Daniel Figueroa Martinez Accounts Payable Check 7,000.00 253671 09/05/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 253672 09/05/2025 Merced Truck & Trailer Inc Accounts Payable Check 4,308.72 253673 09/05/2025 Mid-Valley Disposal LLC Accounts Payable Check 310,507.96 253674 09/05/2025 Napa Auto Parts of Los Banos Accounts Payable Check 368.55 253675 09/05/2025 NDN International LLC Accounts Payable Check 173.19 253676 09/05/2025 PG&E Company Accounts Payable Check 11,713.72 253677 09/05/2025 Pace Supply Corp. Accounts Payable Check 10,584.84 253678 09/05/2025 Pitney Bowes Inc Accounts Payable Check 199.35 253679 09/05/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 18,479.67 253680 09/05/2025 Purchase Power Inc Accounts Payable Check 3,208.99 253681 09/05/2025 Razzari Dodge Chrysler Jeep Accounts Payable Check 1,341.17 253682 09/05/2025 SJVAPCD Accounts Payable Check 140.00 253683 09/05/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 182.10 253684 09/05/2025 San Jose Sterilized Wiping Rags, Inc. Accounts Payable Check 120.16 253685 09/05/2025 Save Mart Supermarkets Accounts Payable Check 117.66 253686 09/05/2025 Sherwin Williams Co Accounts Payable Check 357.77 253687 09/05/2025 Smith & Loveless Inc Accounts Payable Check 688.95 253688 09/05/2025 Sorensens True Value Accgynts Payable _ Check 1,138.53 253690 09/05/2025 Superior Pool Products, LLC Accounts Payable Check 17,749.25 253691 09/05/2025 Laura Sanchez Accounts Payable Check 350.00 253692 09/05/2025 T-Mobile USA Inc. Accounts Payable Check 522.72 253693 09/05/2025 Terryberry Company LLC Accounts Payable Check 390.06 253694 09/05/2025 The Don Chapin Co., Inc. Accounts Payable Check 707.55 253695 09/05/2025 Thirkettle Corporation Accounts Payable Check 585.40 253696 09/05/2025 CalMat Co. Accounts Payable Check 208.91 253697 09/05/2025 US Bank Corp Pymt System Accounts Payable Check 12.50 253698 09/05/2025 US Fueling Solutions Accounts Payable Check 1,040.63 253699 09/05/2025 USA Blue Book Accounts Payable Check 534.98 253700 09/05/2025 Vestis Group, Inc. Accounts Payable Check 42.08 253701 09/05/2025 Vestis Accounts Payable Check 170.16
253702 09/05/2025 Verizon Wireless Accounts Payable Check 460.13 253703 09/05/2025 West Publishing Corporation Accounts Payable Check 490.19 253704 09/05/2025 Williams Scotsman, Inc. Accounts Payable Check 1,419.46 253705 09/05/2025 Willdan Engineering Accounts Payable Check 21,338.00 253706 09/05/2025 Windecker Inc Accounts Payable Check 3,587.66 253707 09/05/2025 Young's Air Conditioning Accounts Payable Check 565.00 253733 09/08/2025 Aflac-Customer Service Accounts Payable Check 215.93 253734 09/08/2025 AFSCME District Council 57 Accounts Payable Check 2,401.54 253735 09/08/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,744.26 253736 09/08/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,967.00 253737 09/08/2025 Los Banos Police Assn Accounts Payable Check 1,015.00 253738 09/08/2025 Los Banos Police Assn. Accounts Payable Check 315.00 253739 09/08/2025 MissionSquare Accounts Payable Check 1,120.89 253740 09/08/2025 MissionSquare Accounts Payable Check 13,762.50 253741 09/08/2025 Nationwide Retirement Solutions Accounts Payable Check 4,186.49 253742 09/08/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 735.16 253743 09/08/2025 State Disbursement Unit Accounts Payable Check 1,471.00 Break in check sequence due to the following: Payment Type Check #253594 (Manual Void) Regular Checks 164 1,549,431.04 Check #253617 -#253618 (Payroll) Manual Voids 4 0
Check #253640 - #253641 (Manual Void) Voided Checks 0
7 Check #253689 (Manual Void) 1,549,431.04
Check #253708 - #253731 (Utility Billing)
8 LOsBanos
TO:

FROM:

DATE:

Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Directo--:?
September 17, 2025
TYPE OF REPORT: Consent Agenda
lifm nia
SUBJECT: Authorizing the Interim City Manager to submit a claim form for funds available Fiscal Year 2024-2025 from Local Transportation Funds (L TF) in the amount of $390,803 to Merced County Association of Governments (MCAG).

Recommendation:

That the City Council adopt the Resolution authorizing the Interim City Manager to submit a claim form on behalf of the City of Los Banos for funds available in Fiscal Year 2024- 2025 from Local Transportation Funds (L TF) in the amount of $390,803 to Merced County Association of Governments (MCAG).

Discussion:

Annually, the City of Los Banos submits the Local Transportation Development Act (TOA) claim to request Local Transportation Funds (L TF) from Merced County Association of Governments (MCAG). Revenues for L TF are derived from a 1/4 cent portion of the

8. 75 percent retail sales tax collected in the County. MCAG determines each City's share of the anticipated L TF based on its population. These funds are essential to the City as they fund the maintenance and repairs to City streets and sidewalks.

Attached for City Council review is the Resolution and claim forms with which the City of Los Banos may claim the available funds from Fiscal Year 2024-2025 Local Transportation Funds. The amount allocated and available to claim by the City of Los Banos is $390,803.

Fiscal Impact:

The disbursement of the LTF that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street, sidewalk maintenance in the Fiscal Year 2025-2026 budget. This Revenue is budgeted in account 220-000-335-01 O (Local Trans Funds).
9 ITEM 6B
Reviewed by:
& ~~erim City Manager
Attachments:

Resolution
FY 2024-2025 L TF Claim Form
FY 2024-2025 L TF Apportionment Schedule
a oreno, Finance Director
10 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE

ANNUAL LOCAL TRANSPORTATION FUND
(L TF) CLAIM TO BE FILED WITH THE MERCED

COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG) FOR FISCAL YEAR 2024-2025
WHEREAS, under the Transportation Development Act (TOA) of 1971, Local Transportation Fund (L TF) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Los Banos meets all requirements to qualify for said apportionment allocated through the Merced County Association of Governments (MCAG), as the designated local transportation and planning agency; and WHEREAS, the annual allocations of LTF monies to each jurisdiction have been calculated by population; and
WHEREAS, the City of Los Banos has L TF monies available to claim in the amount of $390,803 available from Fiscal Year 2024-2025; and WHEREAS, the City's proposed expenditures of L TF monies are in conformity with the Regional Transportation Plan as prepared by MCAG; and WHEREAS, the City will submit a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the filing of the annual L TF claim for available funds in Fiscal Year 2024-2025 in the amount of $390,803.

BE IT FURTHER RESOLVE □ it is deemed in the best interest of the City of Los Banos that the Interim City Manager and the Finance Director be authorized to sign the L TF claim form for available funds from Fiscal Year 2024-2025, and to submit said claim to MCAG for processing.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th 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:
11 AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
12 MERCED COUNTY ASSOCIUION OF BDVERNIIIENTS
RESOLUTION NO. 2024/06-20-02

RESOLUTION OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS APPROVING THE TDA APPORTIONMENT SCHEDULE FOR FISCAL YEAR 2024/2025
WHEREAS, Merced County Association of Governments (MCAG) is the designated regional transportation planning agency for Merced County; and
WHEREAS, the Transit Joint Powers Authority for Merced County (TJPA) provides consolidated transit service throughout Merced County, and provides public transportation services to the general public; and
WHEREAS, the TJPA as the transit service provider for Merced County proposes to serve, at a minimum, all claimant areas of Merced County within their jurisdictions at the level of public transportation services that are reasonable to meet as defined by the MCAG Governing Board; and WHEREAS, specific efforts undertaken by MCAG in the transportation planning process and approval of the unmet transit needs process were previously approved by the MCAG Governing Board by resolution on January 18, 2024; and
WHEREAS, the Yosemite Area Regional Transportation System (YARTS) provides mass transit service in the Yosemite National Park region, including Merced County, and provides public transportation services to the general public; and
WHEREAS, the Transportation Development Act (TOA) informs how Local Transportation Fund, State Transit Assistance and State of Good Repair funds are apportioned; and WHEREAS, the apportionments for the Merced County region for FY 24/25 are as follows:

Local Transportation Fund $10,975,000
State Transit Assistance $3,574,282
State of Good Repair $496,581
NOW THEREFORE BE IT RESOLVED, that the TOA apportionment schedules for Fiscal Year 2024/2025 are:

Administration and Planning
County Auditor- Administration
MCAG- TOA Administration
MCAG-Transportation Planning
Bicycle and Pedestrian
Transit
Rail Reserve (5%)
TJPA Operations
TJPA Capital
YARTS
Local Streets and Roads
City of Atwater
City of Dos Palos
$580,173
$3,900
$138,2653
$438,010
$207,897
$7,819,127
$509,347
$6,659,780
$350,000
$300,000
$2,367,804
$258,758
$46,424
138 of 259
13 ~
- - ~IH -i M -I -
Recipient
TJPA
YARTS
Total
City of Gustine
City of Livingston
City of Los Ba nos
City of Merced
County of Merced
·••1•:.•'11-~,1 ... -..

Program
99313
$3,412,098
........
$3,412,098
.. "Iii': --,~fit'i'r.'r.11~ .. , r..1, - ... , c l!II - .. ,..

Recipient Program
99313
TJPA $474,049
YARTS ---- $474,049
Program
99314
$83,798
$78,386
$162,184
Program
99314
$11,642
$10,890
$22,532
$48,921
$117,738
$390,803
$756,873
$748,286
Total
$3,495,896
$78,386
$3,574,282
Total
$485,691
$10,890
$496,581
The above resolution was approved by the Merced County Association of Governments on June 20, 2024 by Director Silveira who moved its adoption and duly seconded by _D_ir_ec_t_o_r_L_la_n_e_z _________ and which was adopted by the following vote:

AYES: Director Hogue, Serratto, McDaniel, Moran, Banta, Nelson, Pareira, Silveira, Llanez, Pedrozo NOES: None.

ABSENT: Director Espinosa
APPROVED:

Stacie uzman, Executive
Merced County Associatio
oshua Pedrozo, Chair
Merced County Association of Governments
Governing Board
139 of 259
14 LTF CLAIM INSTRUCTIONS- Streets & Roads Claims
These guidelines are intended to assist eligible applicants with their Local Transportation Fund (LTF) claims, and not to replace the Transportation Development Act (TDA) Statutes and California Code of Regulations manual. All references to Sections of the CAC or PUC in the following explanations and forms refer to Title 21 of the California Administrative Code and Chapter 4 of the Public Utilities Code and are identified throughout the forms for easy reference. Each claimant is responsible for compliance with all applicable statutes and codes. In addition, the claimant must provide to MCAG all required audits and reports.

Claim Eligibility
These eligibility requirements apply to ALL claimants for LTF monies:

1. A claimant shall be eligible for funds if its proposed expenditures are in conformity with the Regional Transportation Plan (CAC Section 6651).

2. A claimant shall be eligible for funds if it has submitted a certified fiscal audit within 180 days after the end of the fiscal year to MCAG, except where an extension (90-day maximum) was granted by MCAG (PUC Section 99245 and CAC Section 6664).

These eligibility requirements apply to LTF Streets and Roads claims:

1. A claimant shall be eligible for funds if expenditures of monies received for streets and highways purposes are reported to the State Controller on or before October 1 [PUC Section 99406 and CAC Section 6665].

2. A claimant shall be eligible for funds if MCAG determines for the area of the claimant that there are no unmet transit needs that are reasonable to meet. If MCAG determines that there are unmet transit needs, including needs that are reasonable to meet then the unmet transit needs shall be funded before any allocation is made for streets and roads [PUC Section 99401.5(c)].

Eligible Expenses
Eligible expenses for local streets and roads include the following (PUC Section 99402):

Claims for streets and roads may include those purposes necessary and convenient to the development, construction, and maintenance of the city or county's streets and highways network, including planning and contributions to the transportation planning process, acquisition of real property, and construction of facilities and buildings.
15 LOCAL TRANSPORTATION FUND CLAIM
FY 2024-2025
Claimant:

Type of Claim:
~
□
□
□

STREETS & ROADS

PEDESTRIAN & BICYCLE FACILITIES
OTHER (indicate purpose & TDA Section number ___ _,
TOTAL
Amount of Claim:
$390,803
$ ____ _
$ ____ _
$ 390.803
It is understood by this claimant that payment of the claim is subject to approval by MCAG, to such monies being on hand and available for distribution, and to the provision that such monies ( and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved and in accordance with the L TF Claim Instructions and the Transportation Development Act.

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

Authorized Representative:

Signature
Gary Brizzee
Print or type name
Interim City Manager
Title
Date
Signature of Finance Director
16 LTF STREETS & ROADS CLAIM 2024-2025
Claimant: City of Los Banos
Project Title, Location(s), and Description
Citywide maintenance and repairs to various City streets and sidewalks. otal Project Cost by Funding Source
Funding Source Amount

1. Local Transportation Fund $390,803

2. $

3. $
$390,803
Total
*for additional projects add information on the following page Prepared by:

Signature
Joe Heim
Acting Public Works Director
17 For additional projects, if any:

Project Title, Location(s), and Description
otal Project Cost by Funding Source
Funding Source Amount

4. Local Transportation Fund $

5. $

6. $
$
Total
Project Title, Location(s), and Description
otal Project Cost by Funding Source
Funding Source Amount

7. Local Transportation Fund $

8. $

9. $
$
Total
18 LOsBanos
t lht Cn,s~road~ oJ ( C11if, 111<1
Agenda Staff Report
TO: Mayor and Council Members
FROM: Paul Tualla, Fire Chief
Ray Reyna, Police Chief
DATE: September 17, 2025
SUBJECT: Authorize the City's Participation in the Homeland Security Grant Program and Authorize the City Manager on behalf of the City of Los Banos to enter into the Standard Grant Assurance Agreement with CAL-OES and a Sub-Recipient Agreement with the County of Merced
TYPE OF REPORT: Consent Agenda
Recommendation:

Authorize the City Manager to enter into an agreement with Cal-OES pertaining to the Department of Homeland Security "Standard Assurances for All Cal OES Federal Grant Programs", and; enter into an agreement between the County of Merced (COUNTY) and the City of Los Banos (SUB-RECIPIENT) pertaining to same assurances. This authorizes current and future benefits under the program.

Background:

The City of Los Banos has received annual Federal Grant funding through the Department of Homeland Security since 2003. These grant funds are distributed through the California State Homeland Security Grant Program (SHSGP) which is administered by the Governor's Office of Emergency Services (Cal-OES). Cal-OES distributes the Federal Grant funding throughout the 58 Counties within California.

Merced County OES is the Implementing Agency of SHSGP grant funding within Merced County. Each of the Municipalities within Merced County are considered SubRecipients. 19 ITEM 6C
The California State Homeland Security Grant Program (SHSGP) provides funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs. This grant funding is then distributed by the Merced County Authorized Body of 5, which consists of (1) County Public Health Officer, (1) County Fire Chief, (1) Municipal Fire Chief, (1) County Sheriff and (1) Chief of Police. The allocations are based on Operational Area needs to prepare for and respond to disasters and/or large scale emergencies.

Discussion:

The City of Los Banos has willingly entered into Assurance Agreements with Cal-OES for a number of years. Previous agreements were authorized by the City Manager without action by City Council.

At the end of the 2014 grant cycle, Cal-OES conducted an audit of Merced County OES SHSGP program and recommended that Merced County (COUNTY) enter into annual assurance agreements with each of the municipalities participating in the SHSGP program. The creation of the separate assurance agreement with Merced County is the result of that recommendation.

This agreement is for the current funding cycle for Federal Fiscal Year 2024.

It is recommended that the Los Banos City Council take action to authorize the City Manager to enter into assurance agreements with Cal-OES and Merced County OES annually, without further action by City Council, unless substantial changes are made to the annual agreements.

Fiscal Impact:

No Fiscal Impact at this time.

Reviewed by:
/1;; ~ Gary Brizzee, I~ City Manager
Attachments:

Merced County OES Grant Assurance Agreement
Cal-OES Grant Assurance Agreement
Resolution
20 February 19, 2025

MEMORANDUM FOR ALL AGENCIES AND OFFJCES
FROM:

SUBJECT:
l'.S. l>r part 111 cn1 of Homela nd s~curir~·
\\ <hhington. I)(' ~05 2X
Homeland
Security
Following the horrific attacks on this country on September 11. '.WO 1, the American people trusted their leaders to make sure it would never happen again. Among the circumstances that led to those attacks \Vas the failure to treat immigration as a national security issue. The 9/11 Commission Report. for example, recognized that '·the institutions charged with protecting our borders ... did not understand how grave th[e] threat could be:· 9/1 I Commission Report at xvi.

The Commission also specifically noted that there were. at that time, "9 million people ... in the United States outside the legal immigration system." Id at 390. A second factor recognized by the Commission was the failure of different law enforcement entities to share information. The Report recognized '·pervasive problems of managing and sharing information across a large and unwieldy government.., Id. at xvi.

The year after those terrible attacks, President George W. Bush signed into the law the Homeland Security Act of 2002. The Act created the Department of Homeland Security (OHS), and it transferred into that new agency a number of important national security components, including those responsible for immigration enforcement. Congress expressly found that "State and local personnel have capabilities and opportunities to gather information on suspicious activities and terrorist threats not possessed by Federal agencies.'· 6 U.S.C. § 48 l(b)(8). Congress also found that '"(t]he Federal Government relies on State and local personnel to protect against terrorist attack." Id. § 481(b)(2).

The bottom line is that partnership is an essential element of our national security and public safety mission. And that mission undoubtedly includes immigration enforcement. State and local governments that refuse to cooperate with, refuse to share information with. or even actively obstruct federal immigration enforcement reject these ideals and the history we share in common as Americans. If any government entity chooses to thumb its nose at the Department of Homeland Security's national security and public safety mission. it should not receive a single dollar of the Department's money unless Congress has specifically required it.

For purposes of this memorandum, "sanctuary jurisdictions•· include the following:
• Jurisdictions that fail to comply with the information sharing requirements of 8 U.S.C. §§ 1373 and 1644.
www.dhs.gov
21 Prohibiting Grant Funding for Sanctuary Jurisdictions Page2
• Jurisdictions that violate other relevant laws, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(l)(A)(iv), prohibitions on transporting or moving illegal aliens, id. § 1324(a)(I)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, id. § 1324(a)(l)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability respecting these statutes.
• Jurisdictions that fail to honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of alien pursuant to a valid detainer. A jurisdiction, however, is not a sanctuary jurisdiction merely because it lacks the necessary resources to assist in a particular instance. • Any jurisdiction that fails to provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien. • Any jurisdiction that leaks the existence of an enforcement operation.

All components are to review all federal financial assistance awards to determine if Department funds, directly or indirectly, are going to sanctuary jurisdictions. To the extent consistent with relevant legal authorities and the applicable terms and conditions of each award, each component must cease providing federal funding to sanctuary jurisdictions. Components should also make appropriate criminal referrals to the Department of Justice where illegal conduct is discovered.

For questions regarding applicable legal authorities, components must consult with the General Counsel or his designee. For questions regarding whether a particular jurisdiction is a sanctuary jurisdiction, components must consult with the Director oflmmigration and Customs Enforcement and the Commissioner of Customs and Border Protection or their designees.

Within 30 days, each component shall provide a report to the Undersecretary for Management with a summary of actions taken to comply with this memorandum. 22 U.S. Department of Homeland Security
Washington, DC 20472
MEMORANDUM FOR:

FROM:

SUBJECT:

March 20, 2025

DECISION
Kristi Noem
FEMA
Secretary of the Department of Homeland Security
Cameron Hamilton ~~ Senior Official Performing the Duties of the Administrator Federal Emergency Management Agency
Approval ofFEMA-Administered Grant Disbursements
Purpose: To seek approval on the review process and parameters of grant programs administered by the Federal Emergency Management Agency (FEMA) to align with Administration and Secretary priorities on non-governmental organizations, immigration, and sanctuary jurisdictions.

Background: On Jan. 28, 2025, the Secretary of the Department of Homeland Security (DHS) issued a memo to components and agency heads entitled "Direction on Grants to Nongovernmental Organizations, "which required the development and implementation of a process to review payments and obligations for grants that "(I) go to non-profit organizations or for which non-profit organizations are eligible and (2) touch in any way on immigration. " In accordance with this instruction, FEMA is recommending the implementation of additional processes to review certain grants prior to releasing funds, as outlined in this memo.

The Secretary also issued a memo on Feb. 19, 2025, "Restricting Grant Fundingfor Sanctuary Jurisdictions, " instructing all components to "review all federal financial assistance awards to determine if Department funds, directly or indirectly, are going to sanctuary jurisdictions." In compliance with this memo, FEMA is providing recommendations for which grant programs sanctuary jurisdiction conditions should apply.

Appendix A provides a programmatic overview of all FEMA programs.

Action: FEMA Recommendations for A pproval

1. The grant programs for which sanctuary jurisdiction conditions or restrictions should be applied;

2. The methodology FEMA will use to assess disaster and non-disaster grant programs in accordance with the Secretary's direction on non-governmental organizations (NGOs) and immigration; and

3. FEMA's recommended determinations for each grant program. 1 23
Action Item 1: FEMAProposed Sanctuan· Jurisdiction Programs and Applicabilih FEMA recommends applying conditions or restrictions on FE.MA administered non-disaster preparedness grant programs that go to a sanctuary jurisdiction as designated by U.S.

Immigration and Customs Enforcement (ICE) and:
a. where the purpose of the grant has a nexus to immigration activities, law enforcement, or national security; or,
b. where statute does not limit how FEMA implements the program.

Based on the criteria above, FE.MA recommends the conditions or restrictions be placed on all open and future awards for the following 12 programs 1:

1. Case Management Pilot Program (CMPP);

2. Emergency Management Performance Grant (EMPG);

3. Homeland Security Grant Program - Operation Stonegarden (OPSG);

4. Homeland Security Grant Program - State Homeland Security Program (SHSP);

5. Homeland Security Grant Program - Urban Area Security Initiative;

6. Homeland Security National Training Program - Continuing Training Grants - Competitive (HSNTP-CTG);

7. Port Security Grant Program (PSGP);

8. Presidential Residence Protection Assistance Grant Program (PRP A);

9. Regional Catastrophic Preparedness Grant Program (RCPGP);

10. Shelter and Services Program (SSP);

11. Targeted Violence and Terrorism Prevention Grant Program (TVTP); and

12. Transit Security Grant Program (TSGP); and
As noted above, application of conditions or restrictions wi11 vary based on the structure or authority of each respective program. 2 FEMA will assess each grant and submit proposed program implementation recommendations to the General Counsel for a legal determination as appropriate. These program implementation recommendations will include how the conditions or restrictions apply to prime awards, sub-awards, and existing awards and payments.

FEMA recommends conditions or restrictions on sanctuary jurisdictions not apply to disaster grants, non-disaster mitigation grants, and grants to fire departments and organizations that comprise the National Urban Search and Rescue Response System.

To implement guidance from the Secretary's memo, "Restricting Grant Funding for Sanctuary Jurisdictions," FEMA has categorized disaster and non-disaster programs into two risk profiles using the above criteria. FEMArecommends approval of the proposed methodology:

I While the Tribal Homeland Security Grant Program meets the criteria outlined above, FEMA did not include it for sanctuary jurisdiction conditions or restrictions due to Tribal sovereignty. 2 See Appendix A for additional information on program eligibility. 24 Image A: Proposed Sanctuary Jurisdictions Risk Methodology - Sanctuary,'.)![ri~icti_~~! • ] Jot _Apply_, -~__._ J Sanctuary Jurisdiction Applies • Grant programs that
• Do not go to sanctuary jurisdiction; or
• Are disaster or non-disaster mitigation
grants: or
• Are non-disaster grants with no nexus to
immigration activities. law enforcement. or
national security; or
• Are limited by statute.
• These programs/projects should move forward
without additional rev! w.

Clears through ex1s~ing orograni
controls and 'evIew processes
• Grant programs that:
• Go to a designated sanctuary jurisdiction:
or
• Are non-disaster grants; and
• Have a nexus to immigration activities. law
enforcement. or national security; or
• Are not limlted by statute.
• These programs/projects e uire additional
review by DHS review.

Project ident1f1ed as meeting Sl
cntena. requires OHS re1,1ew
~
~·
Approve/date ~ Disapprove/date _ ______ ___ _
-------:?? / :a-z5 ..ZS .,,,,.- .~ /1/
..::.-Modify/date .... ~~ --- - - - - - -- Needs discussion/date _ ___ _ ____ _ Action Item 2: FEMA Proposed NGO/Immigration Grant Risk Assessment Methodolog,· To implement guidance from the Secretary's memo, "Direction on Grants to Non-governmental Organizations, " FEMA has categorized all disaster and non-disaster grant programs into three risk profiles. In considering the risk level, FEMA will evaluate whether the intent and primary purpose of the grant relates to the nexus of immigration. The intent is to ensure that FEMA's grant programs do not encourage or induce illegal immigration or illegal harboring of illegal aliens or any other unlawful activity. This information will lead to the determination of their risk profile as outlined in Image B. FEMA recommends approval of the proposed methodology:

Image B: Proposed NGO/Immigration Risk Assessment Methodology • - - • L ow fl1sk • - - - -
• Low likelihood that grant
disbursements (1) go to NGOs. and
(2) touch in any way on
immigration.
• These programs/projects~
move forward without additiQ.Qa)
~-
~ -
Clears tl1rougt1 e,1st1ng
program controls and
re~ Ie\1 processes
• Further analysis required to
determine likelihood. Indeterminate
risk that grant disbursements (1)
go to NGOS. and (2) touch in any
way on Immigration.
• These programs/proiects are
pending review by FEMA to assess
low or high risk with concurrence
from DHS
• High llkellhood that grant
disbursements (1) go to NGOs . .9fill
(2) touch in any way on
Immigration.
• These programs/projects require
additional review by OHS.

P1 •'I"~' ldc,17 l1f cd ciS
meeting S 1 u 11, r,a
requires DI-IS 1e,•1ew
25 Modify/date _ _______ _ _ Needs discussion/date --------- Action Item 3: Approval ofFEMA's Recommended Determinations In accordance with the above methodologies for non-disaster and disaster grants, FEMA recommends approval of the determinations by grant program as outlined in the table below. The recommended determinations are:
• Green: Cleared by FEMA to undergo the existing program controls and review processes. Programs have been identified to have a low likelihood of grant disbursements to NGOs and low likelihood of a nexus to immigration, and the sanctuary jurisdiction restriction do not apply. Grants with a "green" assessment are approved to move forward with payment consistent with FEMA's existing processes without additional review by DHS.
• Yellow: Pending review by FEMA to conduct additional analysis on the projects and awards to determine likelihood of grant disbursements to NGOs with an immigration nexus. Sanctuary jurisdiction restrictions do not apply. As FEMA completes the analysis, FEMA will submit decision memos to DHS to recommend a grant program be moved to green or red status. FEMA will also submit yellow payments weekly for DHS consideration and approval if payment can move forward. • Red: For DHS review and approval of payment requests or evaluation for termination of grant program. Programs have been identified to have a high likelihood of grant disbursements to NGOs and immigration nexus, and/or meets the sanctuary jurisdiction restrictions. FEMA will conduct an assessment and provide recommendations to DHS on whether payments should be denied or approved. In the recommendation, FEMA will review the sanctuary jurisdictions identified by U.S. Immigration and Customs Enforcement (ICE) and specifically notate the jurisdictional restrictions. The recommendation will consider, among other things, the purpose and intent of the grant, the benefits to the DHS mission and risks, and the context of which organization is receiving the award. For example, is the individual grant award going to a county government who is not on the ICE sanctuary jurisdiction list, but the state is on the list.

FEMA will also provide recommendations on if programs and/or individual grant awards should be terminated based on the Secretary's guidance.

Modify/date ------- ---- Needs discussion/date --------- 26 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, APPROVING,

AUTHORIZING AND RATIFYING THE CITY'S PARTICIPATION IN THE HOMELAND

SECURITY GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER ON BEHALF OF

THE CITY OF LOS BANOS TO ENTER INTO THE STANDARD GRANT ASSURANCE

AGREEMENT WITH CAL-OES AND A SUBRECIPIENT AGREEMENT WITH THE COUNTY

OF MERCED
WHEREAS, the State Homeland Security and Security Grant Program (SHSGP) supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events; and WHEREAS, the California Governor's Office of Emergency Services requires FY 2024 Grant Assurances be executed by an authorized representative of the applicant (the City) to receive an award; and
WHEREAS, beginning 2016, the Merced County Office of Emergency Services requires Grant Assurances Sub Recipient Agreement be executed between Merced County ("County") and the City of Los Banos ("Sub-Recipient").

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

SECTION 1. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "A" (the Sub-Recipient Agreement with the County of Merced), including any annual extension thereof;
SECTION 2. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "B" (the SHSGP Grant Assurance Agreements with Cal-OES) including any annual extension thereof.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of September 2025, by City Council Member ___ _ who moved its adoption, which motion was duly seconded by City Council Member ___ _, and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
27 CalOES Attachment A

GOVERNOR 'S OFFICE
OF EN£RIIENCV SERYICE,S
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

Page l of 15 Initials - --
28 CalOES
OOYERHoR·s OFFICE

OF EN EH ENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

29 CalOES

OOYERH OR'S OFFICE

OF EMERG ENCY SERVIC ES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

30 CalOES

GOVERNOR'S OFFICE

OF EMERIIENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl 00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 );

31 CalOES

GOYEANOR'S OFFICE
OF EMERGENCY 5UYICE5
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code§ l 0295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(I) The California's Fair Employment and Housing Act (FEHA) (California Government Code§§ l 2940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

32 CalOES
OOVERNOll!'S OFFICE
OF EN ER8ENCV SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 {41 U.S.C. § 701 et seq.) ,the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act {CEQA) (California Public Resources Code § § 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § l 5000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P .L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and • human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(fl Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order l 1514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);

33 CalOES
OOVERNOll 'S OFFICE

OF ENERIIEHCV SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 ( 16 U.S.C. §§ 1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section l 76(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment- The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

34 CalOES
GOYERNOll 'S OFFICE

OF ENERQENCY SEIIYICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section l 06(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: ( 1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a} The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b} The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.

16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code § § 3700 et seq.

35 1 CalOES
OOYERNOR"S OFFICE
OF EMER&ENCY SERYJ.CES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

36 CalOES

GOVERNOR'S OFFICE

OF EN ERQEH CV SERVI CES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

19. Use of Cellular Device While Driving Is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code § 7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
21 . Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the OHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

37 CalOES
GOVER NOR'S OFFIC E.

OF EN ERQENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency}. As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f}}.

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
( a list of certified air carriers can be found at: Certificated Air Carriers List I US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-air-carriers-list} for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

38 GCalOES
GOYEANOR"S OFFICE

OF EN EHENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

39 CalOES
GOVERNOR'S Ol"FIC£

OF ENERIIENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act [USA PATRIOT Act), which amends 18 U.S.C. §§ l75-175c.

36. Use of OHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of OHS agency officials. This includes use of DHS component [e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of OHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

40 CalOES

GOVERNOR'S OFF ICE

OF EN ERIIENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) All iron and steel used in the project are produced in the United States -this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.

The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914( c) of BA BAA FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 1407 4. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 1407 4 to support safe and effective policing.

41 CalOES
GOVERNOR'S Of:FICE

OF ENER&ENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: ( 1 ) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fyl 5-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant: _____________________________ _
Signature of Authorized Agent: ________________ ____ _
Printed Name of Authorized Agent: ___________________ _ Title: _ _ _ ________________ Date: __________ _

42 OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Los Banos {"Sub-Recipient").

County and Sub-Recipient have entered into this Agreement with reference to the following circumstances:

A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.

NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:

I. This Agreement applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.

II. Amendments or modifications to the terms of this Agreement must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding, including but not limited to any policy requirements set forth by the U.S. Department of Homeland Security.

Ill. The Fiscal Year (FY) 2024 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this Agreement and included as ATTACHMENT A.

Sub-Recipient certifies that:

A. Sub-Recipient will comply with the FY 2024 GRANT ASSURANCES and all applicable federal or state laws, regulations, or policies affecting pertinent regulations or funding, including but not limited to any policy requirements set forth by the U.S. Department of Homeland Security; and
1 43
B. Sub-Recipient's signatory to this agreement will separately sign the FY 2024 GRANT ASSURANCES included as ATTACHMENT A; and
C. Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2024 GRANT ASSURANCES, that signatory is authorized to sign this Agreement.

IV. TERMINATION:

A. Without Cause: County will have the right to terminate this Agreement without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this Agreement to the date of termination. County will not pay lost anticipated profits or other economic loss. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this Agreement, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this Agreement. No sanctions will be imposed.

B. With Cause: This Agreement may be terminated by either party should the other party:

1. be adjudged as bankrupt, or

2. become insolvent or have a receiver appointed, or

3. make a general assignment for the benefit of creditors, or

4. suffer any judgment which remains unsatisfied for thirty (30) days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement, or

5. materially breach this Agreement.

For any of the occurrences except item ( 5), termination may be affected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the Agreement may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the Agreement on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five ( 5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve 2 44
the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination.

County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination.

County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the Agreement, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this Agreement, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT. Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.

C. Effects of Termination: Expiration or termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination contract activities. Where Sub-Recipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c).

D. Suspension of Performance: Independent of any right to terminate this Agreement, the authorized representative of County for which SubRecipient's services are to be performed, may immediately suspend performance by Sub-Recipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

V. TERM: This Agreement shall commence on the date of County signature and continue until 05/31/2027, unless sooner terminated in accordance with the provisions stated in paragraph IV, "TERMINATION". The performance period for the FY 2024 SHSGP is 09/01/2024 to 05/31/2027. 3 45
VI. INDEMNIFICATION:

A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.

B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of SubRecipient and its officers, agents, or employees.

VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occur~ence. SubRecipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. Sub-Recipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer. Failure to maintain or renew coverage may be a material breach of this AGREEMENT.

VIII. ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

Signature page to follow
4 46
Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.

Name: City Manager
Address: 520 J Street, Los Banos, CA 93635
Title: Interim City Manager Date: ------------
Signature: __________________________ _
Printed Name:

County of Merced
By: __________ _
Joshua Pedrozo
Chairman, Board of Supervisors
Date: _____ _

REVIEWED AS TO LEGAL FORM
By: _________ _
Rina M. Gonzales
Chief Deputy County Counsel
5 47

THIS PAGE IS INTENTIONALLY LEFT BLANK
48 LOsBanos
Ar die Crossroads oJ California
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Gary Brizzee, Interim City Manager
William A. Vaughn, City Attorney
DATE: September 17, 2025
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING AND ELECTING TO "OPT IN" TO THE PURDUE

SETTLEMENT AND SECONDARY MANUFACTURERS' SETTLEMENT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

PARTICIPATION AGREEMENTS AND RELATED DOCUMENTS

RELATING TO THE NATIONAL OPIOIDS SETTLEMENTS
TYPE OF REPORT: Consent Agenda
Recommendation
Authorize the City of Los Banos to participate in the National Opioids Settlements with Purdue Pharma LP. & Sackler Family (Purdue Settlement), and eight opioid manufacturers, Alvogen, Amneal, Apotex, Hikma, lndivior, Mylan, Sun, and Zydus (Secondary Manufacturers' Settlement), and authorize the City Manager or designee to execute related settlement participation forms and agreements, including agreement(s) with the state or county for use of settlement proceeds without further Council action.

Adopt Resolution No __

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING AND ELECTING TO "OPT IN" TO THE PURDUE

SETTLEMENT AND SECONDARY MANUFACTURERS' SETTLEMENT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

PARTICIPATION AGREEMENTS AND RELATED DOCUMENTS

RELATING TO THE NATIONAL OPIOIDS SETTLEMENTS
49 ITEM 6D
Background
National class action lawsuits against manufacturers, distributors, and other entities responsible for causing or contributing to the opioid epidemic have resulted in large-scale settlements, known as the National Opioids Settlements, involving the payment of billions of dollars to eligible entities, including states, counties, and cities.

Most of the funds go directly to participating states and their subdivisions and must be used for abatement of the opioid epidemic.

The City Council in 2021 approved the City of Los Banos' participation in the National Opioids Settlements with large pharmaceutical distributors and pharmaceutical manufacturers, McKesson, Cardinal Health and AmerisourceBergen and the manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson. The City chose to assign its portion of the settlement to the County of Merced as they at the time were better suited to use the funds for eligible abatement activities through their Department of Health Services.

The City was recently notified of additional settlements with Purdue Pharma LP and the Sackler Family ("Purdue Settlement"), and eight opioid manufacturers, Alvogen, Amneal, Apotex, Hikma, lndivior, Mylan, Sun, and Zydus ("Secondary Manufacturers' Settlements"). To participate in these settlements, the City must submit participation documents by September 30, 2025, for the Purdue Settlement, and October 8, 2025, for the Secondary Manufacturers' Settlements.

Discussion
Purdue Settlement
A proposed nationwide settlement agreement has been reached with Purdue Pharma LP. and the Sackler family concerning alleged misconduct related to opioids.

The proposed Purdue Settlement is being implemented in connection with Purdue's bankruptcy proceedings, and consists of, among other things, a settlement of Purdue's claims against the Sacklers and certain other parties, and a settlement of direct claims against the Sacklers held by States, local governments and other creditors, the latter of which is the subject of this Council report. In aggregate, the settlement contemplates the Sacklers paying $6.5 billion in 16 payments over 15 years.

The Purdue Settlement also contains injunctive relief governing opioid dispensing practices and requires the successor-in-interest of Purdue Pharma LP. to implement safeguards to prevent diversion of prescription opioids, and also restrict certain Sacklers from directly or indirectly engaging in the manufacturing or sale of opioids, as detailed in the Settlement.

California's share of the settlement is approximately $440 million. Nearly 100% of the eligible counties and cities in California must participate to reach this maximum 50 amount, and the funds may only be used for eligible opioid abatement activities and related expenditures.

As in the earlier settlements the City will have the option for direct payment or assignment to the County of Merced.

To participate in the Purdue Settlement, the City must sign and return documentation acknowledging its acceptance of the terms of the Purdue Settlement and express its desire to participate in the settlement no later than September 30, 2025.

Secondary Manufacturers' Settlement
A second settlement referred to as the Secondary Manufacturers' Settlement will provide a maximum of approximately $720 million to participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions, the Settlements require:
• Alvogen to immediately pay up to approximately $19 million; • Amneal to pay up to approximately $7 4 million over 10 years, and to provide either approximately $177 million of its generic version of the drug Narcan or up to an additional approximately $44 million in cash;
• Apotex to immediately pay up to approximately $65 million • Hikma to immediately pay up to approximately $98 million, and to provide either approximately $35 million of its naloxone product or up to an additional approximately $7 million in cash;
• lndivior to pay up to approximately $75 million over five years, a portion of which, at the election of the state, could be paid in the form of lndivior's branded buprenorphine and/or nalmefene products with a value of up to $140 million.; • Mylan to pay up to approximately $290 million over nine years; • Sun to immediately pay up to approximately $32 million; and • Zydus to immediately pay up to approximately $15 million.

The Settlements also contain injunctive relief governing opioid marketing, sale, distribution, and/or distribution practices and require the Manufacturers to implement safeguards to prevent diversion of prescription opioids.

It is currently unclear how much the City is eligible to receive from the Secondary Manufacturers' Settlement. The amount depends on how many subdivisions in California participate in the settlement. It is also not clear if the Secondary 51 Manufacturers' Settlement will include the same payment options as in prior National Opioids Settlements, but if so, staff continues to recommend that the City staff evaluate the payment options to receive and/or direct funding to the County of Merced for eligible opioid abuse abatement activities.

To participate in the Secondary Manufacturers' Settlement, the City must sign and return documentation acknowledging its acceptance of the terms of the Secondary Manufacturers' Settlement and express its desire to participate in the settlement no later than October 8, 2025.

Fiscal Impact
Participating in these settlements will allow the City to be eligible to receive and/or direct funding to the County of Merced for eligible opioid abuse abatement activities. The exact amount is unknown at this time and depends on how many subdivisions in California participate in the settlements.

Reviewed by:

Ga~ z~~mL City Manager
Attachments:

Proposed Resolution
52 RESOLUTION NO. __

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING AND ELECTING TO "OPT IN" TO THE PURDUE

SETTLEMENT AND SECONDARY MANUFACTURERS' SETTLEMENT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

PARTICIPATION AGREEMENTS AND RELATED DOCUMENTS

RELATING TO THE NATIONAL OPIOIDS SETTLEMENTS
WHEREAS, the country is facing an ongoing public health crisis related to the use of opioids, resulting in the State of California and local governments spending billions of dollars each year to address the consequences of this crisis; and • WHEREAS, since 2017 state and local governments have pursued litigation against the manufacturers, distributors, and retailers of opioid pharmaceuticals in an effort to hold these parties financially responsible for the impact of the opioid epidemic and the resources used to address the crisis; and
WHEREAS, such litigation has resulted in settlements between the manufacturers, distributors, and retailers of opioid products and state and local governments; and
WHEREAS, the Los Banos City Council in 2021 approved the City of Los Banos' participation in the National Opioids Settlements with large pharmaceutical distributors and pharmaceutical manufacturers, McKesson, Cardinal Health and AmerisourceBergen, and the manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson; and
WHEREAS, the City of Los Banos was recently notified of additional settlements with Purdue Pharma LP and the Sackler Family ("Purdue Settlement"), and eight opioid manufacturers, Alvogen, Amneal, Apotex, Hikma, lndivior, Mylan, Sun, and Zydus ("Secondary Manufacturers' Settlements"); and
WHEREAS, under the terms of the Purdue Settlement, Purdue and the Sackler Family will pay $7.4 billion over a 15-year period in which California state and local governments are scheduled to receive as much as $440 million, some of which will be distributed to cities and counties; and ; and
WHEREAS, under the terms of the Secondary Manufacturers' Settlement, the Settlement will provide a maximum of approximately $720 million to participating states (approximately $70 million to the State of California and subdivisions) to remediate and abate the impacts of the opioid crisis;
53 WHEREAS, although the City of Los Banos is not a party to this litigation, it may opt into the Settlements and receive its benefits in exchange for releasing its potential claims against the defendants; and
WHEREAS, in order to participate jurisdictions must opt into the Purdue Settlement before September 30, 2025 and the Secondary Manufacturers Settlement before October 8, 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1 . The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City Council of the City of Los Banos hereby approves and elects to "opt in" to the Purdue Settlement and the Secondary Manufacturers' Settlement, relating to the National Opioids Settlements,
Section 3. The City Council of the City of Los Banos authorizes the City Manager or his designee to execute the Participation documents and Settlement Agreements and any other necessary documents, in a form approved by the City Attorney, required to join the Settlement Agreements, and
Section 4. The City Council of the City of Los Banos authorizes the City Manager or his designee to take all necessary actions to join in the settlements and to release any potential claims against the identified defendants, and accept and/or direct payment of the City's portion of the settlement proceeds.

Section 5. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

Section 6. Should any section, clause, or provision of this Resolution be found invalid by a court of competent jurisdiction that finding shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part declared to be invalid.

Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and shall give notice of it if and as required by law.

Section 8. This Resolution shall take effect immediately upon its adoption. 54 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of __ 2025, by City Council Member _ ___ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
55 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 LOsBanos
I ti, 10 ,natl o
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Gary Brizzee, Interim City Manager 6~ l 't.Z £ £-
September 17, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: San Luis Reservoir Upgrade Presentation
There will be a presentation by Pablo Arroyave, Chief Operating Officer, with the San Luis & Delta-Mendota Water Authority, regarding the ongoing construction project at the San Luis Reservoir.

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

GB/Im
57 ITEM 7

THIS PAGE IS INTENTIONALLY LEFT BLANK
58 TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director '§!i:, September 17, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: Proposed Amendment to Mobile Food Vendor Ordinance (Article 36 of Title 9, Chapter 3)
Recommendation:

That the City Council waive the second reading and adopt the proposed amendment to the Mc;>bile Vendor Ordinance located in Title 9, Chapter 3, Article 36 of the Los Banos Municipal Code.

Background:

On June 4, 2025, the Los Banos City Council directed staff to prepare an amendment to the City's Mobile Food Vendor Ordinance to include:

1. Allow the use of temporary furniture (tables, canopies, and chairs) in conjunction with mobile food vending, provided these items are removed at the end of each business day; and

2. Establish a process and standards for a mobile food truck park.

On August 14, 2025, the Los Banos Planning Commission held a duly noticed public hearing to consider the proposed ordinance amendment. After receiving staffs presentation, taking public testimony, and deliberating, the Planning Commission voted to recommend approval of the ordinance amendment to the Los Banos City Council. 1 59
ITEM 8A
On September 3, 2025, the Los Banos City Council held a duly noticed public hearing, waived the first reading, and introduced Ordinance No. 1209 to amend the Mobile Vendor Ordinance by title.

Discussion:

The proposed ordinance amendment updates Article 36 of the Municipal Code in the following ways:
• Definitions: Provides a clear definition for "all-weather surface." • Food Truck Parks:
o Allows for the establishment of food truck parks in Commercial or Industrial zones
o Requires a Conditional Use Permit (CUP) approved by the Planning Commission.
o Food truck parks must:
• Be on a paved or all-weather surface.
• Avoid conflicts with on-site and public circulation.
■ Comply with all applicable building, fire, and health codes. • Provide infrastructure as required by the CUP, including (but not limited to) ADA restrooms, permanent seating, trash enclosures, lighting, and shelters.
• Need to demonstrate sufficient parking.
• Operator needs a Business License.
■ Mobile vendors need Mobile Food Vendor Permit, Business License, and Health Permit.
• The City reserves the right to inspect and require modifications. • Allows the use of A-Frame signs in accordance with the Signage Ordinance. • Temporary Furniture & Structures:
o Permits up to two temporary canopies/shade sails (max 120 sq. ft. each) and up to three tables (seating for 12).
o Requires all items to be removed at the end of the business day. o Requires location of the temporary structures to be approved through a ministerial Site Plan review by the Community and Economic Development Director.
o All temporary canopies and shade sails must be anchored securely using stakes or weights.
o Prohibits construction of permanent structures.
o Must to be in good condition and free from weather damage, tears, or disrepair.
o Minor variations may be permitted subject to approval by the CED Director 2 60
Reviewed by:

Ga~ City Manager
Attachments:

1. Redlined Draft Ordinance

2. Proposed Ordinance Amendment (clean)
3 61
Article 36. Mobile Food Vending
Sec. 9-3.3601 Purpose.

The general purpose of this Article is to promote the health, safety, comfort, convenience, prosperity and general welfare of the citizens, businesses and visitors of the City of Los Banos by requiring that new and existing mobile food vendors provide the community and customers with a minimum level of cleanliness, quality, safety and security. It is the purpose and intent of the City Council in enacting this Article, to provide mobile food vendors with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.

Sec. 9-3.3602 Definitions.
(a) "Mobile food vending unit" shall mean any vehicle, trailer, pushcart, motorized food wagon, stand, tent; or structure; not affixed to a permanent foundation, with or without wheels, which may be moved from one place to another under its own power or by other means. (b) "Mobile food vendor" shall mean any person who owns, controls, manages or is otherwise engaged in the business of selling prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind, from a mobile vending unit on private or public property. ( c) "Persons" shall mean any person, firm, partnership, association, corporation, or business entity, and includes, but is not limited to, owners, operators, drivers, employees, agents, lessors and lessees of a mobile vending unit.
( d) "Vend" or "vending" shall mean the sale, offer for sale, soliciting, preparation, display, barter, or exchange, of prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind, from a mobile food vending unit on private or public property. e ) "All-weather surface" shall mean a hard. durable surface ca able of su ortino vehicular and pedestrian traffic in all weather conditions. Acceptable materials include asphalt. concrete. pavers. or other engineered materials approved bY the Citv Engineer or Community and Economic Development Director that provide equivalent durability. drainage. and dust control.

Decomposed granite. bare soil. or similar untreated surfaces do not gualifv as all-weather surfaces.

Gravel mav be permitted as an all-weather surface onh if it is treated. compacted. and maintained in a manner that prevents dust, displacement. and ruttin!a!.. and is subject to review and approval b, the Cit\ Engineer or Communitv and Economic Development Director.

Sec. 9-3.3603 Permit required.

No person may vend from a mobile food vending unit in the City without first obtaining and having in his or her possession a mobile food vendor permit issued by the City in accordance with this Article. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All mobile food vendors subject to this Article shall comply with the provisions of this Article as they may be amended hereafter.

Sec. 9-3.3604 Permit period.

Except as otherwise provided herein, all mobile food vendor permits issued by the City shall expire one year from the date of issuance.

Sec. 9-3.3605 Application for permit to operate.

A person desiring to engage in a mobile food vendor operation shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the Community and Economic Development Department. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by 62 resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid yearly for such renewal application. Mobile food vendors must have the permit in their possession when vending. Permits to operate are nontransferable and shall be specific to an identified vending unit(s). (a) A background check through the Los Banos Police Department must be obtained for the mobile food vendor and each person operating or vending out of the mobile food vending unit.
(b) Every mobile food vendor operator shall obtain a City of Los Banos Business License.
(c) As part of the permit to operate application, the mobile food vendor shall provide the following:
(1) Mailing address for notification purposes. If during the term of the permit, the permit holder has any change in the mailing address submitted on the original or renewal application, the permit holder shall notify the Community and Economic Development Department of such change in writing within ten (10) business days thereafter. Failure to provide updated contact information shall be grounds for permit suspension; (2) Legal names of the mobile food vendor and all persons operating or vending out of the mobile food vending unit;
(3) Proof of current vehicle registration (for mobile food vending unit if applicable); (4) Four (4) photographs (showing different exterior views) of each mobile food vending unit;
(5) Dimensioned sample or rendering of proposed signage; (6) A copy of a current Merced County Environmental Health permit; (7) Proof of automobile insurance as required by the Vehicle Code (for mobile vending unit if applicable);
(8) No person shall engage in, conduct or carry on the business of a mobile food vendor in the public right of way or on public property unless there is on file with the Community and Economic Development Department, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the operator is insured (and naming the City as an additional insured) under a liability insurance policy providing minimum coverage of One Million and No/l00ths ($1,000,000.00) Dollars for injury or death arising out of the operation of the mobile food vending unit; (9) If the mobile food vendor is operating in the public right of way or on public property the mobile food vendor shall be required to execute a hold harmless agreement in a form approved by the City.
(10) If the mobile food vendor is operating on private property, the mobile food vendor shall provide the following:
(A) An affidavit in a form approved by the City from the property owner (if other than self) permitting the mobile food vendor to locate on the site; (B) A site plan, including sufficient parking for the primary use and the mobile food vendor, for all proposed stationary location(s). Parking spaces shall be marked as required by zoning regulations;
(C) An affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available.
(d) The following may constitute grounds for denial of a permit to operate or renewal application:
63 (1) The proposed mobile food vending activity does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety and health regulations;
(2) The applicant is unable to obtain a business license due to a criminal background check or Fire Department approval;
(3) The applicant has, within three (3) years immediately preceding the application filing date, had a permit to operate, vending license or similar permit suspended or revoked in another California jurisdiction;
(4) The applicant has knowingly made a material misstatement in the application for a permit to operate;
(5) Failure to obtain clearance from Merced County Environmental Health. ( e) The Planning Commission shall be the decision-making authority for any initial application of a permit to operate. The Community and Economic Development Director or designee shall be the decision making authority for any renewal application of a permit to operate and/or temporary administrative mobile food vendor permit.

Sec. 9-3.3606 Location.
(a) Public Right of Way. A mobile food vendor may locate in the public right-of-way subject to the following conditions:
(1) A mobile food vendor shall not operate within three hundred (300') feet of any church, school grounds, park (except as set forth in Section 9-3.3608(b)), playground or Cityoperated recreation center; (2) A mobile food vendor shall not operate within one hundred (100') feet of any street intersection;
(3) In addition to the above, a mobile food vendor must comply with the following regulations, depending upon the type of use in which it is located:
(A) Residential Zones.
(i) In a residential zone, a mobile food vendor shall move not less than four hundred (400') feet at least every ten (10) minutes and may not return more than three (3) times to a previous location or within four hundred ( 400') feet of a previous location on the same calendar day.
(ii) Permitted hours of operation are from 9:00 a.m. to 7:00 p.m. (iii) A mobile food vendor may not be located within four hundred ( 400') feet of another mobile food vendor.
(B) Commercial Zones.
(i) In a commercial zone, a mobile food vendor shall move not less than four hundred ( 400') feet at least every two (2) hours and may not return more than three (3) times to a previous location or within four hundred ( 400') feet of a previous location on the same calendar day.
(ii) Permitted hours of operation are from 8:00 a.m. to 9:00 p.m. (iii) If a mobile food vendor is located in a commercial zone and is within one hundred (100') feet of a residence, it shall comply with the requirements listed above for residential zones.
(C) Industrial Zones.
(i) In an industrial zone, a mobile food vendor may operate eighteen (18) hours a day or as long as businesses within three hundred (300') feet of the mobile food vendor location are open, whichever is shorter.
64 (ii) If a mobile food vendor is located in an industrial zone and is also within one hundred ( 100') feet of a residence, it shall comply with the requirements listed above for residential zones.
(D) Construction Zones and Business Parks. Permitted days and hours of operation are Monday through Saturday from 8:00 a.m. to 5:00 p.m. (4) Except as set forth in Section 9-3.3608(b) no mobile food vendor shall be located or maintained on public property, including bicycle pathways, walking trails, public parks or inconsistent with any other City regulations;
(5) Shall not interfere with access, driveways, aisles, circulation or fire lanes and hydrants and shall not operate in a place where the operation will create an unsafe condition; and (6) Shall comply with the requirements of the Merced County Environmental Health Department.
(b) Private Property. A mobile food vendor may locate on private property subject to the conditions as follows:
(1) Be incidental to a primary use with a valid business license, if required; a mobile vending unit shall not be the primary use of a parcel. Mobile food vending units shall not be permitted as an accessory use to a standalone parking lot; (2) Be located in a commercial or industrial zoning district. Mobile food vendors shall not be located on private property in a residential zoning district, except as set forth in section 9- 3 .3609( c );
(3)
(4)
Not be located on a vacant parcel;
Be located on pavement per City standards;
(5) Not utilize, or be located on, parking spaces required for the primary use. At least two (2) onsite parking spaces, in addition to those required for the primary use, shall be provided for the mobile food vending unit operation;
(6) Not interfere with access, driveways, aisles, circulation or fire lanes and hydrants and shall not operate in a place where the operation will create an unsafe condition; (7) Comply with the requirements of the Merced County Environmental Health Department;
(8) Not interfere with pedestrian movement or create a hazard for pedestrians; and (9) One mobile food unit shall be allowed for each 1000 square feet of paved level area not to exceed three (3) mobile food vending units operating on the same parcel at the same time unless in connection with a special event permit.

Sec. 9-3607 Mobile Food Truck Park.
(a) The establishment of multiple food truck parking areas shall be permitted in anv zoning district where mobile food vendors are allowed. subject to approval of a Conditional Use Permit b, the Planning Commission.
(b) The use shall be conducted entirel on a paved or all-weather surface. and not within am public right-of-wav.
( c) The use shall not create anv demand for additional parking that cannot be safely and efficientlv accommodated b\ existinu parking areas.
(d ) The applicant shall demonstrate there is sufficient parkinf! for the mobile food truck park that will not create an undue burden on sunounding properties. (e} The use shall not interfere with pedestrian and vehicle tratlic and circulation on the site and public sidewalk.
{ n The food truck park must be accessible in accordance with the American with Disabilities Act (ADA). includine. accessible paths of travel. parking. seatinl!, and amenities as applicable.
65 (g) The use shall conform to all applicable building. electrical. fire, plumbing. engineering. solid waste. wastewater. and water qualirv requirements. (h) The operator of the food truck park shall be relrnired to obtain and maintain a valid Cit, of Los Banos business license.
( i) Each mobile food vendor operatinu within the park shall obtain and maintain a valid Mobile Food Vendor Permit issued b, the Citv of Los Banos: a valid Citv of Los Banos business license: and a current Merced Count, Environmental Health Permit. {j) As part of the Conditional Use Permit process. the City may require the installation of permanent features including. but not limited to. ADA compliant restrooms. seatirn1 areas. shelters. refuse/rec, clin!! containers and enclosures. liuhting. and other amenities deemed necessarv to support the health. safetv, and convenience of patrons and the surroundirn.!. cornmunit\ .
(k) The City reserves the rill.ht to inspect and require modifications for safe!\ or compliance.

Sec. 9-3.~3608 Operational requirements.
(a) Mobile Food Vending Unit.
(1) The mobile food vendor shall display, in plain view and at all times, current permits and licenses and the vendors permit shall be affixed to the mobile vending unit. (2) While vending, drive wheels of the mobile food vending unit shall be chocked in such a manner as to prevent movement.
(3) The mobile food vending unit shall be entirely self-sufficient in regards to gas, water and telecommunications. All mobile food vending units that use a generator, propane, compressed natural gas, open flame, heat source, or appliance to operate the mobile food vending unit shall obtain Fire Department approval and shall be subject to inspection by the Los Banos Fire Department prior to issuance or renewal of a business license involving use of the mobile food vending unit. All mobile food vending units shall comply with California Fire Code, California Code of Regulations, and California Mechanical Code. Should any utility hook-ups or connections to on-site utilities be used or required, the mobile food vendor shall be required to apply for appropriate permits or receive approval by the appropriate City department to ensure building and public safety and consistency with applicable building and zoning regulations. (4) The mobile food vendor shall not discharge items onto the sidewalk, gutter, storm drainage inlets or streets.
(5) Any person engaged in mobile food vending shall wear, on their person, identification with a picture and name while vending. Such identification is to be obtained from the Los Banos Police Department.
(b) Appearance of Site.
(1) The site shall be maintained in a safe and clean manner at all times. (2) No tables, chairs, fences, shade structures or other site fmnitrn=e, (permanent or othenvise) or any freestanding A-Frame signs in accordance with Section 9-3.2805(v) of this Code shall be permitted in conjunction with the mobile food vendor unit. (3) Any site improvements required for mobile food vendor operations shall require application for the appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.
(4) Exterior storage of refuse, equipment or materials associated with the mobile food vendor is prohibited.
( c) Amplification. While moving, a mobile food vending unit may utilize amplified music, provided that such music shall not exceed eighty (80) decibels at ten (1 O') feet from the 66 source as measured by a sound level meter. Any amplified music shall cease while the mobile food vending unit is stopped for vending purposes.
( d) Sanitation.
(1) All mobile food vendors operating a mobile food facility as defined by the Health and Safety Code shall operate out of a commissary pursuant to Health and Safety Code Section 114295.
(2) All mobile food vending units shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a unit, and the vendor of the mobile unit shall pick up all refuse generated by such operation within a twenty-five (25') foot radius of the vehicle before such unit is moved. No mobile food vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor. (3) All mobile food vendors operating a mobile food facility as defined by the Health and Safety Code shall comply with Health and Safety Code Section 114315, as may be amended, regarding the availability of adequate toilet facilities for use by food service personnel. ( e) Safety and Security.
(1) No vending shall be permitted except after the mobile food vending unit has been brought to a complete stop and parked in a lawful manner. (2) The mobile food vendor shall install signage in a visible location on the mobile vending unit indicating that loitering is not permitted. (3) The mobile food vendor shall enforce the no loitering rule. { t) Temporal"\ Structures and Seating.
( 1) A maximum of two (2) temporun canot ies or shade sails, each not exceedin!.!. 120 square feet in size. mav be erected in conjunction with a mobile food vending operation but must be removed at the end of each business dav. (2 ) A maximum of three ( 3) tables. providing seating for up to a total of twelve (12) people. ma\ be permitted. All tables and chairs must also be removed at the end of each business dav.
(3) No permanent structures mav be constructed on-site to support the operation of a mobile food vendin2 facility.
(4 ) All canopies and shade sails shall be properlv secured with stakes or weights to ensure safet, and stabilit, .
(5) The location of the temporary structures and seating shall be shown on a Site Plan, subject to approval bv the Communit, and Economic Development Director. {§L_ All tempora1 1 canopies, shade sails. tables. and chairs shall be in good condition and free from weather damage. tears. or disrepair.
7 Minor variations from these rel uirements ma, be ermitted. sub·ect to a roval b, the C01mnunitv and Economic Development Director.

Sec. 9-3.¼08---3609 Temporary Administrative Mobile Food Vendor Permit. (a) A mobile food vendor that otherwise meets all the requirements of this Article shall be eligible to obtain temporary administrative mobile food vendor permit issued over the counter by the Community and Economic Development Department for the temporary operation of a mobile food vending unit not to exceed one (1) day per any one week period. A mobile food vendor shall be eligible for a maximum of six (6) temporary administrative mobile food vendor permits per twelve month period.
(b) Notwithstanding the provisions of this Article, a temporary administrative mobile food vending permit may allow the mobile food vending unit, not to exceed two units at the same 67 time, to be located in the drive lane adjacent to the northern boundary of Pacheco Park except immediately before and after and during the time of a special event at the park subject to such other reasonable conditions as deemed appropriate by the Community and Economic Development Director.

Sec. 9-3.~3610 Exemptions.

The following shall be exempt from the requirements of this Article:
(a) Any person engaged in vending where such person has been authorized by the City of Los Banos to engage in such activity by a special event permit, in connection with a certified farmer's market, or other permit or entitlements issued by the City of Los Banos. (b) Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale. (c) Any person on private property in a residential zone operating solely for private catering purposes when (i) the mobile food vending unit is parked entirely on private property; (ii) service is limited to the guests of the catered event; (iii) no admission is charged for attending the event; and (iv) no payment is required from the guests for individual orders from the mobile food vending unit.

Sec. 9-3.~3611 Application of other laws and regulations. (a) The provisions of this Article prohibiting the stopping or parking of a vehicle shall apply at all times or at those times specified by this Article, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
(b) The provisions of this Article imposing a time limit on stopping or parking shall not relieve any person from the duty to observe other more restrictive provisions of the Vehicle Code, this Code or any other ordinances of the City, prohibiting or limiting the stopping or parking of vehicles in specified places or at specified times.
( c) The provisions of this Article shall not relieve any person from the provisions of the Health and Safety Code pertaining to the regulation of Mobile Food Facilities.

Sec. 9-3.~3612 Suspension/revocation of permit to operate. (a) Violation and Noncompliance. The Community and Economic Development Director or designee may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this Article. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section. (b) Revocation and Suspension of Permit to Operate. When the City concludes that grounds for denial, suspension, revocation or refusal to renew a permit to operate exist, he or she shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residential address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit.

This notice shall state:
68 (1) The reasons for the proposed action;
(2) The effective date of the decision;
(3) The right of the applicant or permit holder to a hearing; and (4) That the decision will be final if no hearing request is filed within five (5) business days.
( c) Hearings and Appeals. Hearings and appeals of the decision of the Community and Economic Development Director or designee or the Planning Commission shall be conducted in the same manner provided by Sections 9-3.2330 through 9-3.2334.

Sec. 9-3.J6-1-i-3613 Applicability of ordinance to existing businesses. (a) The provisions of the ordinance codified in this Article shall be applicable to all mobile food vendors established after the effective date of the ordinance. (b) All existing mobile food vendors operating within the City shall be required to obtain a permit to operate and otherwise comply with this Article upon the expiration of a current business license and/or application of a renewal of a current business license. 69 THIS PAGE IS INTENTIONALLY LEFT BLANK
70 ORDINANCE No.

AN ORDINANCE AMENDING ARTICLE 36 OF TITLE 9, CHAPTER 3 OF THE LOS

BANOS MUNICIPAL CODE REGARDING MOBILE FOOD VENDING
WHEREAS, Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code regulates the operation of mobile food vendors with in the City of Los Banos; and WHEREAS, the stated purpose of the Mobile Vendor Ordinance is to promote the health, safety, comfort, convenience, prosperity, and general welfare of the citizens, businesses and visitors of the City of Los Banos; and
WHEREAS, the stated intent of the City of Los Banos is to provide mobile food vendors with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community; and WHEREAS, on June 4, 2025, the Los Banos City Council directed City staff to prepare amendments to the Los Banos Municipal Code to provide flexibility for mobile food vendors by allowing limited temporary furniture and to establish a process for the creation of food truck parks; and
WHEREAS, the proposed ordinance amendment adds provisions allowing the use of limited temporary furniture (tables, chairs, and canopies), provided such items are removed at the end of each business day, and prohibits permanent structures supporting food vending operations; and
WHEREAS, the ordinance also establishes provisions allowing the development of a mobile food truck park through a Conditional Use Permit in any zoning district where mobile food vending is permitted, subject to site development and operational requirements; and WHEREAS, the proposed amendments to the Mobile Vendor Ordinance do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that the proposed ordinance is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines Section 15061(b)(3) and is not subject to environmental review.

WHEREAS, on August 14, 2025, the Planning Commission held a duly noticed public meeting at which time all individuals desiring to comment on the proposed ordinance were heard and the Planning Commission recommended that the City Council adopt the proposed ordinance amending Article 36 to Chapter 3 Title 9 of the Los Banos Municipal Code WHEREAS, the City Council conducted a duly noticed public hearing on the recommended changes to the Zoning Code pertaining to mobile vending on _____ 2025 and _ ___ _ 2025 at which time all individuals desiring to comment on the proposed amendments were heard.
1 71

THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:

Note: "Existing" as referred to in this Ordinance shall mean the relevant Article or Section in existence prior to amendment or renumbering.

Section 1. Sub Section 9-3.3602(e) is added to Section 9-3.3602 Definitions to read as follows:
(e) "All-weather surface" shall mean a hard, durable surface capable of supporting vehicular and pedestrian traffic in all weather conditions. Acceptable materials include asphalt, concrete, pavers, or other engineered materials approved by the City Engineer or Community and Economic Development Director that provide equivalent durability, drainage, and dust control.

Decomposed granite, bare soil, or similar untreated surfaces do not qualify as all-weather surfaces.

Gravel may be permitted as an all-weather surface only if it is treated, compacted, and maintained in a manner that prevents dust, displacement, and rutting, and is subject to review and approval by the City Engineer or Community and Economic Development Director.

Section 2. Section 9-3.3607 is amended to read as follows:

Sec. 9-3607 Mobile Food Truck Park.
(a) The establishment of multiple food truck parking areas shall be permitted in any zoning district where mobile food vendors are allowed, subject to approval of a Conditional Use Permit by the Planning Commission.
(b) The use shall be conducted entirely on a paved or all-weather surface, and not within any public right-of-way.
( c) The use shall not create any demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.
( d) The applicant shall demonstrate there is sufficient parking for the mobile food truck park that will not create an undue burden on surrounding properties. ( e) The use shall not interfere with pedestrian and vehicle traffic and circulation on the site and public sidewalk.
(f) The food truck park must be accessible in accordance with the American with Disabilities Act (ADA), including accessible paths of travel, parking, seating, and amenities as applicable.
(g) The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, and water quality requirements. (h) The operator of the food truck park shall be required to obtain and maintain a valid City of Los Banos business license.
(i) Each mobile food vendor operating within the park shall obtain and maintain a valid Mobile Food Vendor Permit issued by the City of Los Banos; a valid City of Los Banos business license; and a current Merced County Environmental Health Permit. (j) As part of the Conditional Use Permit process, the City may require the installation of permanent features including, but not limited to, ADA compliant restrooms, seating areas, shelters, refuse/recycling containers and enclosures, lighting, and other amenities 2 72
deemed necessary to support the health, safety, and convenience of patrons and the surrounding community.
(k) The City reserves the right to inspect and require modifications for safety or compliance.

Section 3. Existing Section 9-3.3607 is renumbered to 9-3.3608 and amended to read as follows:

Sec. 9-3.3608 Operational requirements.
(a) Mobile Food Vending Unit.
(1) The mobile food vendor shall display, in plain view and at all times, current permits and licenses and the vendors permit shall be affixed to the mobile vending unit. (2) While vending, drive wheels of the mobile food vending unit shall be chocked in such a manner as to prevent movement.
(3) The mobile food vending unit shall be entirely self-sufficient in regards to gas, water and telecommunications. All mobile food vending units that use a generator, propane, compressed natural gas, open flame, heat source, or appliance to operate the mobile food vending unit shall obtain Fire Department approval and shall be subject to inspection by the Los Banos Fire Department prior to issuance or renewal of a business license involving use of the mobile food vending unit. All mobile food vending units shall comply with California Fire Code, California Code of Regulations, and California Mechanical Code. Should any utility hook-ups or connections to on-site utilities be used or required, the mobile food vendor shall be required to apply for appropriate permits or receive approval by the appropriate City department to ensure building and public safety and consistency with applicable building and zoning regulations. (4) The mobile food vendor shall not discharge items onto the sidewalk, gutter, storm drainage inlets or streets.
(5) Any person engaged in mobile food vending shall wear, on their person, identification with a picture and name while vending. Such identification is to be obtained from the Los Banos Police Department.
(b) Appearance of Site.
(1) The site shall be maintained in a safe and clean manner at all times. (2) A-Frame signs in accordance with Section 9-3.2805(v) of this Code shall be permitted in conjunction with the mobile food vendor unit. (3) Any site improvements required for mobile food vendor operations shall require application for the appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.
( 4) Exterior storage of refuse, equipment or materials associated with the mobile food vendor is prohibited.
( c) Amplification. While moving, a mobile food vending unit may utilize amplified music, provided that such music shall not exceed eighty (80) decibels at ten (1 0') feet from the source as measured by a sound level meter. Any amplified music shall cease while the mobile food vending unit is stopped for vending purposes.
( d) Sanitation.
(1) All mobile food vendors operating a mobile food facility as defined by the Health and Safety Code shall operate out of a commissary pursuant to Health and Safety Code Section 114295.
3 73
(2) All mobile food vending units shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a unit, and the vendor of the mobile unit shall pick up all refuse generated by such operation within a twenty-five (25') foot radius of the vehicle before such unit is moved. No mobile food vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor. (3) All mobile food vendors operating a mobile food facility as defined by the Health and Safety Code shall comply with Health and Safety Code Section 114315, as may be amended, regarding the availability of adequate toilet facilities for use by food service personnel. (e) Safety and Security.
(1) No vending shall be permitted except after the mobile food vending unit has been brought to a complete stop and parked in a lawful manner. (2) The mobile food vendor shall install signage in a visible location on the mobile vending unit indicating that loitering is not permitted. (3) The mobile food vendor shall enforce the no loitering rule. (f) Temporary Structures and Seating.
(1) A maximum of two (2) temporary canopies or shade sails, each not exceeding 120 square feet in size, may be erected in conjunction with a mobile food vending operation but must be removed at the end of each business day. (2) A maximum of three (3) tables, providing seating for up to a total of twelve (12) people, may be permitted. All tables and chairs must also be removed at the end of each business day.
(3) No permanent structures may be constructed on-site to support the operation of a mobile food vending facility.
( 4) All canopies and shade sails shall be properly secured with stakes or weights to ensure safety and stability.
(5) The location of the temporary structures and seating shall be shown on a Site Plan, subject to approval by the Community and Economic Development Director. (6) All temporary canopies, shade sails, tables, and chairs shall be in good condition and free from weather damage, tears, or disrepair.
(7) Minor variations from these requirements may be permitted, subject to approval by the Community and Economic Development Director.

Section 4. Existing Sections 9-3.3608, 9-3.3609, 9-3.3610, 9-3.3611, and 9-3.3612, are renumbered to 9-3.3609, 9-3.3610, 9-3.3611, 9-3.3612, and 9-3.3613 respectively.

Section 5. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council 4 74
hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 7. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member and seconded by Council Member _____ onthe __ dayof ____ ~ 2025.

Passed on the __ day of _ ____ , 2025 by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
5 75

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76 TO:

FROM:

DATE:

LOsBanos
t ti, C, 1 • roatl of c,li 01 ni,i
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Acting Public Works Director fr
September 17, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Vineyard Drive/Dove Street and State Route 165 Intersection Control Alternatives
Recommendation:

Staff is recommending that the City Council provide direction on the preferred intersection control at Vineyard Drive/Dove Street and State Route 165 (traffic signal or roundabout) to allow staff to proceed with detailed design, environmental review, funding opportunities and Caltrans applications.

Background:

The Vineyard Dr./Dove St. and SR 165 (Mercey Springs Rd.) intersection improvement project is a city-led effort developed in coordination with Caltrans. The purpose of the project is to provide a new four-way intersection at Vineyard Dr. and SR 165, which has been identified as a priority in the City's circulation planning efforts and traffic studies.

Currently, Vineyard Drive does not connect directly to SR 165, limiting east-west mobility and placing additional demand on Santa Barbara Street and Overland Avenue.

These two crossings currently carry the majority of north-side traffic and serve as the primary routes for police and fire response. Adding a third crossing at Vineyard Dr. is critical for redundancy, improved traffic circulation, and reduced response times for emergency services.

The project has been in development for several years. In August 2024, a public meeting was held to introduce the concept, gather initial input, and review traffic operations data. Received at the public meeting were comments concerned about the impact of a roundabout control. Following that meeting, the City continued conceptual design work, traffic modeling, and coordination with Caltrans for both traffic control options.

ITEM 9
77 On April 16, 2025, Caltrans staff provided City Council with an additional presentation reviewing roundabouts. The presentation highlighted two upcoming Caltrans-led projects: a roundabout at SR 152 and Volta Road, and another at Willmott Avenue and SR 165.

On August 17, 2025, a second public workshop was held to present two refined alternatives, a traffic signal and a single-lane roundabout, and to collect further community input.

Both alternatives were analyzed for operational efficiency, level of service, safety, multimodal access, right-of-way needs, utility impacts, cost, and long-term maintenance.

Discussion:

The two primary alternatives evaluated for the Vineyard Drive / SR 165 intersection are a traffic signal and a single-lane roundabout. Each option provides meaningful improvements to current conditions, but the analysis highlights important differences in safety, efficiency, and cost.

Traffic Signal Alternative
• Cost: Estimated at $4,025,000.00 to construct.
• Operations: Provides familiar intersection control, but is projected to operate at Level of Service (LOS C) under 2046 peak conditions.
• Safety: 32 vehicle and 24 pedestrian conflict points; higher likelihood of severe T-bone crashes compared to roundabout.
• Pedestrian/Bike Facilities: Provides standard signalized crosswalks with lighting. A traffic signal has 24 conflict points for pedestrians and cyclists crossing the intersection.
• Maintenance: Requires ongoing signal maintenance, electrical costs, and periodic equipment replacement, resulting in higher life-cycle costs.

Roundabout Alternative
• Cost: Estimated at $2,990,000 to construct.
• Operations: Achieves LOS A in both near-term (2026) and long-term (2046) peak conditions, with shorter wait times.
• Safety: 8 vehicle and 8 pedestrian conflict points. Roundabouts reduce total crashes by 39% and serious injury crashes by 89%.
• Pedestrian/Bike Facilities: Provides no signalized stop. Crossing distances are short and feature one way traffic. Design speed of 20-25 mph lowers the severity of collisions. Pedestrian crashes are reduced by 30-40% and bicycle crashes are reduced by 10% at roundabouts.
• Maintenance: Minimal compared to traffic signals; no electronic equipment.

Would be dependent on center island being landscaped, or feature stamped concrete.

Both options fit within the existing Caltrans right-of-way and have similar, limited impacts on utilities.

At the August 17, 2025 community engagement meeting, residents raised a number of questions and concerns regarding the roundabout option. A primary concern was pedestrian and bicycle crossings, given the absence of signalized stops at roundabouts. 78 This issue was emphasized due to the intersection's location between two heavily used soccer parks, Skylark Park and Vineyard Basin B Park.

The discussion also included references to other Caltrans roundabouts. Examples mentioned were the two-lane "turbo" roundabout at SR 25/SR 156 near Hollister, the Gustine roundabout at SR 33/Railroad/South, and the Plymouth roundabout at Main Street/SR 49.

The Plymouth location was noted because it accommodates both logging trucks and nearby residential development, providing some parallels to the Vineyard Drive/SR 165 context. The logging trucks are comparable to the large tomato trucks that frequently use SR 165. In addition, community members expressed interest in seeing a roundabout example comparable in scale and context to the Vineyard Drive/SR 165 intersection.

The proposed roundabout is designed to accommodate a STAA-signed truck (truck tractor-semitrailer combination with a 48-foot semitrailer), which exceeds the size of trucks that commonly travel SR 165, such as tomato haulers.

We also received public comment questioning whether adding additional lanes would improve traffic flow. Traffic modeling for 2026 and 2046 indicates that additional lanes are not necessary, and such improvements would require acquisition of private property.

Pending Council direction, the selected alternative will move forward into environmental documentation, detailed design, and coordination with Caltrans. Funding will also be pursued through Measure V, Congestion Mitigation and Air Quality (CMAQ) funds, and other competitive programs.

Fiscal Impact:

This staff report has no direct fiscal impact. However, the two project alternatives carry different cost implications:
• Traffic Signal Alternative: Estimated construction cost of approximately at least $4,025,000.00, with higher long-term operations and maintenance expenses due to signal equipment and electrical requirements.
• Roundabout Alternative: Estimated construction cost of approximately at least $2,990,000, with comparatively minimal ongoing maintenance needs.

Project funding is anticipated to come from a mix of local and external sources. developer fees, Measure V is expected to serve as the primary funding source, potentially supplemented by CMAQ funds, traffic impact funds, and other regional, state, and federal grant programs.
79 Reviewed by:

Mine~
Interim City Manager Finance Director
Attachments:

Site Photos and Sources PDF
80 Sources:
• National Cooperative Highway Research Program (NCHRP) • Report 672
• California Department of Transportation (CALTRANS)
• National Association of City Transportation Officials (NACTO) • U.S. Department of Transportation (USDOT)
• Federal Highway Administration (FHW A)
• Insurance Institute for Highway Safety (IIHS)
Site Photos:
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82 TO:

FROM:

DATE:

LOsBanos
\t t/r IC \PC ,uJ } ( 11,/c f IJHI
Agenda Staff Report
Mayor Amabile & City Council Members
Gary Brizzee, Interim City Manager ~ ~,'-~'L
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
September 17, 2025
SUBJECT: City Manager Appointment
TYPE OF REPORT: Regular
Recommendation:

Attached please find a resolution for your review and consideration of approval that would approve and authorize the execution of the Los Banos City Manager employment agreement between the City of Los Banos and Soknirorn Than.

Background:

The City Council began the process of recruiting for a new city manager in February 2025.

The process started by soliciting proposals from professional recruitment firms and entering into a contract with Ralph Andersen & Associates to assist with the recruitment process. With the help of Ralph Andersen & Associates, the recruitment process produced multiple highly qualified candidates for Council consideration. During the process, the City Council identified Soknirorn Than as their top candidate.

Discussion:

Throughout his professional career Mr. Than has developed extensive experience in municipal government, public works, and civil engineering. He has served as City Manager, Public Works Director, and City Engineer, leading teams in city operations, infrastructure planning, and community development. Mr. Than has been responsible for 83 ITEM 10
major capital improvement programs, multimillion-dollar budgets, and strategic initiatives that strengthen regional collaboration and support sustainable city growth.

If Mr. Than is appointed and the employment agreement is approved, he will begin serving the City as the new City Manager on November 3, 2025. The agreement is for an initial three (3) year term beginning November 3, 2025 and ending November 3, 2028, with an optional two (2) year extension. The terms and conditions of the proposed employment agreement are comparable to other city manager positions within the Central Valley region. In addition to standard terms and conditions, the Agreement provides for the following salary and benefits:
• The term and any extended term may be extended by mutual agreement of the parties. In the event that the term or any extended term is not extended by mutual agreement of the parties, this Agreement and the employment relationship shall end without further action by the City Council.
• Annual base salary of $238,800 ($19,900 per month).
• A step increase of five percent (5%) of employee's base salary effective November 3, 2026; a step increase of five percent (5%) of employee's base salary effective November 3, 2027, a step increase of five percent (5%) of employee's base salary effective November 3, 2028; and if the two (2) year extension is optioned a step increase of five percent (5%) of employee's base salary effective November 3, 2029 and a step increase of five percent (5%) of employee's base salary effective November 3, 2030.
• No COLA.
• Benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents. o Medical Insurance
o DentalNision/Life Insurance
o CalPERS Retirement
o Retirement Health Savings Plan
o Deferred Compensation
o Sick Leave
o Vacation Accrual - 3 weeks
o Administrative Leave
o Education Incentive Pay
o Bilingual Incentive Pay
o Car allowance - $550 per month
o Cell phone allowance - $100 per month
84 Fiscal Impact:

There is currently sufficient funds in the 2025/2026 budget to cover the costs associated with the proposed employment agreement for the remainder of the fiscal year.

The City Attorney has reviewed the agreement and approved as to form.

Reviewed by:

Mi~ ~bc:nce Director
Attachments:

Resolution with attached Agreement
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS APPOINTING A CITY MANAGER

AND APPROVING AND AUTHORIZING THE

EXECUTION OF THE LOS BANOS CITY MANAGER

EMPLOYMENT AGREEMENT
WHEREAS, the City requires the services of a City Manager and the City Council has engaged in a recruitment process to select a new City Manager; and WHEREAS, pursuant to LBMC Section 2-3.102 the City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council; and WHEREAS, Soknirorn Than has the necessary education, experience, skills and expertise to serve as the City's City Manager; and
WHEREAS, the City Council desires to appoint and execute an Employment Agreement to employ Soknirorn Than as the Los Banos City Manager; and WHEREAS, Soknirorn Than desires to serve the City Council and the City of Los Banos as the City Manager of the City of Los Banos commencing November 3, 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE AS FOLLOWS:

1. That the City Council of the City of Los Banos does hereby appoint Soknirorn Than as the next City Manager of the City of Los Banos and approves and authorizes the Mayor or his designee to execute the Los Banos City Manager Employment Agreement attached hereto as Exhibit "A".

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on this 17th day of September 2025, by Council Member , who moved its adoption, which motion was duly seconded by Council Member __ , and the Resolution was adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
87 LOS BANOS CITY MANAGER

EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into as of this _ day of ___ ___ 2025 by and between the City of Los Banos, a municipal corporation, (hereinafter the "City"), and Soknirom Than, (hereinafter the "City Manager" or "Employee").

RECITALS
A. The City requires the services of a city manager and the City Council has engaged in a recruitment process to select a city manager.

B. Pursuant to LBMC Section 2-3.102 the City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council.

C. The Employee has the necessary education, experience, skills and expertise to serve as the City's City Manager.

D. The City Council desires to employ Employee as the City Manager and has entered into negotiations with him for the purpose of entering into an employment agreement.

E. Employee desires to accept the employment as City Manager.

F. This Agreement is entered into pursuant to the authority of and subject to the provisions of Government Code Section 53260 et seq.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Employment.

City hereby appoints Employee as the City Manager for the City of Los Banos and employs him in that position and Employee hereby accepts that appointment and employment.

2. Term of Employment.
(a) This Agreement shall become effective as of the date this Agreement is approved by the City Council. Employee's term of employment as City Manager shall be for three (3) years from the effective date of this Agreement, unless sooner terminated as otherwise provided for in this Agreement.

This Agreement and offer of employment is subject to Employee's successful passage and completion of a pre-employment process which consists of a physical examination, and Livescan fingerprinting.

Employee's start date is anticipated to be the first week of November 2025 or as otherwise agreed depending upon the completion of the pre-employment process. 1 88
(b) The City Council, in its discretion, may extend the Term for an additional two (2) year extension term subject to the Agreement's same terms and conditions. In the event that the term or any extended term is not extended this Agreement and the employment relationship shall end without further action by the City Council.

3. Salary and Benefits.
(a) City agrees to pay Employee an annual base salary of $238,800.00 ($19,900.00 per month) payable in equal semi-monthly installments at the same time and in the same manner that other City employees are paid.
(b) Employee shall be entitled to a step increase of 5% of Employee's base salary effective November_, 2026; a step increase of 5% of employee's base salary effective November_, 2027; a step increase of 5% of employee's base salary effective November_, 2028; and if the two (2) year extension is optioned, a step increase of 5% of employee's base salary effective November_, 2029; a step increase of 5% of employee's base salary effective November_, 2030. (c) Employee's annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other City Department Heads and or Management employees in the City. Employee shall not be entitled to a cost-of-living adjustment (COLA) given to other unrepresented/miscellaneous employees. ( d) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents.
(1) Medical Insurance Benefit - Medical/Dental/Vision/Life Insurance. Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired on or after April 1, 2010. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section 5005 Los Banos Personnel Policy).
(2) Retirement. Employee shall be enrolled in City's retirement plan with the California Public Employees' Retirement System (CalPERS), subject to the Retirement benefits formula for employees hired on or after January 1, 2013, on the terms and conditions applicable nonsafety Management employees who are "New Members" within the meaning of the Public Employees' Pension Reform Act of 2013 (PEPRA). Employee shall be eligible for the 2% at 62 formula for CalPERS "New Members." City shall pay the full share of the employer contribution to CalPERS and Employee shall be responsible to pay the employee contribution. Employee contribution to CalPERS is tax deferred. (See, Section 5005 Los Banos Personnel Policy). (3) Retirement Health Savings Plan. Employee may enroll in City's Retirement Health Savings Plan. If enrolled Employee must contribute $75 per month toward a Health Savings Plan.

Employer will also contribute $75 per month to the plan. (See, Section 5005 Los Banos Personnel Policy).
2 89
(4) Deferred Compensation. The City will match the Employee's contribution, up to 5% of the employee's salary, each pay period as an Employer contribution into one of the qualified Section 457 Plans established by the City ("457 Plan") as selected by the Employee. The Employer contributions will cease upon termination of Employee's employment. The Employer contributions are subject to the provisions and limitations of the 457 Plan and the Internal Revenue Code and its related regulations as amended from time to time. Employee may make a contribution to the 457 Plan in excess of the Employer contribution subject to the provisions and limitations of the 457 Plan and the Internal Revenue Code and its related regulations as amended from time to time. (See, Section 5005 Los Banos Personnel Policy).
(5) Tuition Reimbursement. Tuition (education related expenses) will be reimbursed in accordance with policy, upon successful completion of courses, up to $3,000.00 per fiscal year. (See, Section 5005 Los Banos Personnel Policy).
(6) Sick Leave. Sick leave shall be accrued at eight (8) hours per month. (See, Section 5005 Los Banos Personnel Policy).
(7) Vacation Accrual. Employee shall be entitled to vacation accrual at the rate of

13.36 hours/month. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. Employee may save a maximum of three hundred twenty (320) hours. (See, Section 5005 Los Banos Personnel Policy). Employee shall notify the city council two (2) weeks in advance of any planned vacation time off of one ( 1) week or more.

Upon the City Manager's start date, forty (40) hours of vacation accrual will be frontloaded to the City Manager's accrual bank. For the initial year of employment, the vacation accrual will be modified based on the forty ( 40) hours that were front loaded so as to maintain the annual accrual of one hundred sixty (160) total hours. In Subsequent years of the Agreement, vacation will accrue at the full 13.36 hours/month accrual rate.
(8) Education Incentive Pay. Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 Los Banos Personnel Policy). $100 per month for A.A./A.S.; or
$175 per month for B.A./B.S.; or
$225 per month for M.A./M.S.
(9) Bilingual Incentive Pay. If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 5005 Los Banos Personnel Policy).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written Presentation Skills
(10) Administrative Leave. Employee shall receive twelve (12) work days off, with full salary and benefits, during every fiscal year of employment. Every July 1st, ninety-six (96) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date. (See, Section 5011 Los Banos Personnel Policy).
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Employee shall notify the city council two (2) weeks in advance of any planned administrative leave of one ( 1) week or more.
(11) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). (12) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Section 5008 & Division 5-I Los Banos Personnel Policy). ( e) City desires to encourage Employee's continuing professional development and agrees to budget and pay for pre-approved professional dues and subscriptions, and travel and subsistence expenses for such conferences, seminars, courses, institutes, and meetings that the City Council deems reasonable and desirable for Employee's professional development and for the good of the City.

Attendance at the League of California Cities (LCC) Annual Conference & Expo and LCC City Managers Annual Conference are hereby pre-approved; as are annual professional organizational dues for the following: International City/County Management Association (ICMA), California City Manager Foundation, American Public Works Association (APWA), California Professional Engineers. (f) Employee shall receive a cell phone allowance of $100.00 per month or, in the alternative, at the option of the Employee, the City will provide Employee with a City issued cell phone. (g) Employee shall be provided an automobile allowance of $550.00 per month in exchange for making a vehicle available for the Employee's own use and for City-related business and/or functions during, before and after normal work hours. In the alternative, at the option of the Employee, the City will provide Employee with a City owned vehicle for his/her commute and other city related activities.

4. Duties.
(a) Employee shall serve as City Manager and perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California. The duties and responsibilities of the City Manager shall include the duties and responsibilities that are set forth in the Los Banos Municipal Code, including, but not limited to, Section 2-3.112 - 2-3.125, and such other duties and responsibilities as the City Council may from time to time reasonably assign to the City Manager.
(b) Employee shall devote all necessary time and effort to fulfill the obligations of the City Manager's position. The City and Employee acknowledge that Employee is reasonably expected to be available but does not have regularly set hours of work and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate. Employee's work schedule will vary in accordance to the work required to be performed.

5. Exclusive Employment.

Employee shall devote all of his time, energy and efforts to the City, and shall accept no outside employment, but the foregoing shall not limit Employee in teaching, writing, lecturing, or consulting, but only to the extent that such activities do not interfere with his duties as set forth in this Agreement. 4 91

6. Performance Evaluation.

The City shall review and evaluate the performance of Employee every four ( 4) months during the initial twelve (12) months of employment and every six (6) months thereafter or more :frequently as deemed necessary by the City Council. Said review and evaluation shall be private and confidential, and the results shall be summarized and discussed in closed session, to the extent permitted by law, or through some other mutually acceptable closed format. The parties agree that the primary purposes of such evaluation are to facilitate open and frank discussion, define goals and expectations, identify performance strengths and weaknesses, and to provide an opportunity for Employee to take affirmative action to address weaknesses and areas needing improvement. Failure of the City Council to provide a performance evaluation shall not limit the City's ability to terminate this Agreement pursuant to the terms set forth herein.

7. Separation.
(a) At Will Employment.

Consistent with Government Code Section 36506 the parties expressly agree that the position of City Manager is an "at-will" employee, and that the City Manager serves at the will and pleasure of the City Council. Nothing in this Agreement, any statute, ordinance, regulation or rule shall prevent, limit, or otherwise interfere with the right of the City Council to terminate, with or without cause or reason, the employment of Employee.

The City Council may, in its absolute discretion, terminate the employment of Employee as City Manager and terminate Employee's employment with the City. To terminate Employee's employment, the City, acting through the City Council, shall give Employee a written notice of the termination. As provided in Los Banos Municipal Code Section 2-3.126, termination must be approved by three (3) members of the City Council at a regular or special meeting held in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.). The City Council is not required to provide a notice of causes or reasons for the termination and is not required to provide any type of hearing regarding the termination, including any type of "Skelly" hearing. If Employee is terminated, Employee shall have no right of appeal or grievance procedure.

As provided in Los Banos Municipal Code Section 2-3.127, the Employee shall "not be removed from office, other than for gross misconduct, during or within a period of ninety (90) days next succeeding the appointment of a new Council Member or any general municipal election held in the City at which election a member of the City Council is elected." (b) Resignation.

Employee may resign from his employment as City Manager upon giving thirty (30) days prior written notice to the City Council; provided, however, that notice shall not be required in the event Employee resigns pursuant to a request for resignation by the City Council. Employee shall be compensated during the notice period. Employee at Employer's sole option may be directed not to report to work during all or any part of the resignation notice period. 5 92
( c) Automatic Termination.

This Agreement, and Employee's employment, shall automatically terminate, and Employee shall not be entitled to any severance compensation upon the happening of any of the following events:
(1) Upon mutual agreement in writing by both parties to terminate this Agreement. (2) Upon resignation given to City by Employee, except if the resignation is in response to a request for resignation from the City Council.
(3) Upon retirement from full time public service with the City, pursuant to applicable PERS laws, rules and regulations. If Employee retires, Employee will provide six (6) months advance notice.
(4) Upon death of Employee.
(5) When Employee has been unable to perform substantially all of the essential terms of his position, with or without reasonable accommodation, due to illness or other disability for a period of three (3) months.
(6) Termination or removal for Cause.
(7) Expiration of the term of this Agreement or any extended term. ( d) Severance.

In the event Employee is terminated for a reason set forth in sub paragraphs 7(d) (1)-(5) of this Agreement, City shall pay to Employee as severance compensation a sum equal to the lesser of (i) six (6) months base salary or (ii) base salary for the number of months remaining on the term of this Agreement.
(1) The City terminates Employee without cause.
(2) The City reduces Employee's salary or other benefits in a greater percentage than applicable across-the-board reductions made by the City for other Management employees in the City and Employee elects to give thirty (30) days written notice of his resignation to the City Council. The written notification of resignation must be given within thirty (30) days of the reduction in Employee's salary or other benefits. (3) The City Council requests the resignation of Employee, and Employee resigns pursuant to that request.
(4) The city manager form of government is abandoned by action of the City Council, vote of the people, state legislation, or by any other means. (5) The position of city manager is eliminated by action of the City Council, vote of the people, state legislation, or by any other means.

The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the Severance Months from the effective date of the termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.

The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause.

Employee expressly waives any and all other rights with respect to severance pay except as provided 6 93
herein. Such severance compensation is expressly contingent on the execution, delivery, and nonrevocation of a General Release Agreement by Employee.

It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
(e) Termination or Removal for Cause.

Notwithstanding any provision of this Agreement to the contrary, City may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, he shall not be entitled to payment of severance compensation or any other compensation or damages. "Cause" shall include the following reasons.
(1) Employee's breach of this Agreement.
(2) Conviction of any felony. Conviction of a crime, whether misdemeanor or a felony, involving moral turpitude, or arising out of Employee's duties under this Agreement, or under the Political Reform Act, or any offense constituting an "abuse of office or position within the meaning of Government Code Section 53243.4, or under Government Code Section 1090 et. seq. For purposes of this paragraph, a plea of nolo contendere shall also be considered a conviction.
(3) Any willful or grossly negligent act or inaction of: material dishonesty; or that materially and adversely impedes or disrupts the operations of City or its organizational units; or is detrimental to employees or public safety; or is a violation of City established policies, rules, regulations, and procedures.
( 4) Dishonesty involving employment, including but not limited to falsification of any city report or record or of any report or record required to be, or filed by Employee. (5) Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to Employee's regular compensation, as a personal benefit to the Employee for actions performed in the normal course of Employee's assigned duties.
( 6) Resume fraud.
(7) Willful abandonment of the duties of the office of city manager. (8) Willful and intentional failure to carry out clear direction or order of the City Council made by the City Council as a body at a Brown Act compliant meeting. (9) Repeated and protracted unexcused absences from the office and duties of city manager. (10) Continued abuse of drugs or alcohol that materially affects the performance of the duties of city manager.
(11) Willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent willful violation of properly established rules and procedures. (12) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, is detrimental to employee safety or public safety, violates properly established rules or procedures, adversely affects the reputation of City, its officers or employees, or has a substantial and adverse effect on City's interests.
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8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of his office or position.
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (See, Government Code Section 53243.2).
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.

9. Indemnification.

City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6. City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.

10. Notices.

Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.

CITY:

EMPLOYEE:

City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Soknirom Than
520 J Street
Los Banos, CA 93635
With a copy addressed to Employee at Employee's home address then shown in City's files.
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11. Entire Agreement.

This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.

12. Drafting of Agreement.

The Parties hereto acknowledge and agree that although this Agreement has been drafted by City's legal counsel, Employee has reviewed, or had an opportunity to review the terms of this Agreement with Employee's legal counsel. Consequently, the doctrine that ambiguities in an agreement should be resolved against the drafting Party shall not be employed in connection with this Agreement and this Agreement shall be interpreted in accordance with its fair meaning.

13. Independent Review of Agreement.

Employee acknowledges that Employee has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that Employee has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or Employees other than those expressly set forth in this Agreement.

14. Modifications.

Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.

15. Effect of Waiver.

The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

16. Partial Invalidity.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

17. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution. 9 96

18. Attorney's Fees.

In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs.

19. Representations.

City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.

20. Counterparts.

This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.

ATTEST:

Lucille L. Mallonee
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LOS BANOS
William A. Vaughn
City Attorney
"EMPLOYEE"
Soknirorn Than
"CITY"
Michael S. Amabile
Mayor
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98 DEFINITION

CITY OF LOS BANOS
Job Description

POSITION TITLE

DEPARTMENT

EMPLOYMENT CATEGORY

EMPLOYMENT LEVEL

CITY MANAGER

ADMINISTRATION
EXEMPT

MANAGEMENT
To plan, organize, direct and review the overall administrative activities and operations of the City; to provide leadership to the City organization; to advise and assist the City Council; and to represent the City's interests with other levels of agencies, governmental agencies, the business community, and the community at large.

SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council. Exercises direct supervision over assigned management, supervisory, professional, technical and administrative support personnel.

EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Reliable and dependable attendance and punctuality.
• Direct the development and implementation of City goals and objectives as well as policies and procedures necessary to provide municipal services; approve new or modified programs, systems, administrative/personnel policies and procedures. • Coordinate City activities, between departments and with outside agencies and organizations; make appropriate decisions or recommendations for City Council consideration and adoption; provide staff assistance to the City Council; prepare and present staff reports and other necessary correspondence. • Direct and oversee the development and implementation of City-wide work plans; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Direct the development, presentation and administration of the City budget; prepare and oversee the financial forecast of funding needed for staffing, equipment, materials, and supplies; monitor revenues and expenditures; make mid-year adjustments.
• Prepare and submit to the City Council annual reports of financial and administrative activities; keep City Council advised of financial conditions, program progress and present and future needs of the City.
• Confer with residents, taxpayers, businesses, and other individuals, groups, and outside agencies having an interest or potential interest in the affairs of the City; respond to and resolve difficult and sensitive citizen inquiries and complaints. • Oversee the enforcement of all City ordinances; monitor all contractual agreements with franchises and contractors.

City Manager

99 • Direct the implementation and operation of the City personnel system. • Direct the preparation of plans and specifications for work which the City Council orders.
• Direct emergency services during emergency situations. • Represent the City to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
• Attend all Council meetings; perform all duties as may be prescribed by City Council action.
• Research, prepare and present technical and administrative reports and studies to Council, commissions and a variety of committees; prepare written correspondence. • Build and maintain positive working relationships with Mayor, City Council, coworkers, other City employees and the public using principles of good customer service.
• Perform other related duties as assigned.

Knowledge of:
• Principles and practices of modem and highly complex municipal administration, departments, organization, and economic development functions and services. • Principles and practices of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government.
• Principles and practices of leadership, motivation, team building and conflict resolution.
• Pertinent local, State and Federal laws, rules and regulations. • Organizational and management practices as applied to the analysis and evaluation of programs.
• Principles and practices of organization, administration and personnel management. • Principles and practices of budget preparation and administration.

Ability to:
• Plan, direct and control the administration and operations of the City. • On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports and related documents; know and interpret laws, regulations, codes and procedures; observe performance and evaluate staff; problem solve department related issues; and explain and interpret policy.
• On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Prepare and administer the City's budgets.
• Develop and implement City policies and procedures.
• Supervise, train and evaluate assigned personnel.
• Gain cooperation through discussion and persuasion.

City Manager

100
• Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Interpret and apply local, State, Federal and City policies, procedures, rules and regulations.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.

MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to completion of the twelfth grade.
• Bachelor's degree from an accredited college or university in public administration, business administration, or related field.
• Possession of a valid California Class C driver license. • Six (6) years of increasingly responsible management experience in a local public agency involving responsibility for the planning, organization, implementation and supervision of varied work programs.

DESIRED QUALIFICATIONS
• Master's degree from an accredited college or university in public administration, business administration, or related field.
10/17
City Manager

101

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102
TO:

FROM:

DATE:

LOsBanos . \ t t I, • ( ross,ouch vf Lali/on1 ia
Agenda Staff Report
Mayor Amabile & City Council Members
Gary Brizzee, Interim City Manager '/$ /l rz z £. c
September 17, 2025
SUBJECT: Council Member Request Regarding City Rental Properties (Mayor Pro Tern Lewis)
TYPE OF REPORT: Agenda Item
Recommendation:

That the City Council provide direction on how to proceed.

Discussion:

Mayor Pro Tern Lewis is requesting that the City Council consider hiring a commercially licensed property appraiser to ensure city rental and lease properties are fairly valued.

If the Council wishes to proceed, staff can bring back an item for City Council consideration at a future City Council Meeting.
103
ITEM 11