Agenda packet — Los Banos City Council, October 15, 2025 (part 1 of 2)

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

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
OCTOBER 15, 2025 - 6:00 PM
Live stream on YouTube at:
https ://www.youtube.com/@losbanos406
If you require special assistance or translation seNices to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cua/quier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para la inspecci6n pt1blica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

Please note: The Brown Act provides the public with an opportunity to make public ~comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's websit~ at the foll9y~'ln9..U_n.Jc: https://losbanos.org/cateqory/city-council/ Los Banos City Council Agenda - October 15, 2025 Page 1 of5 1 1 . CALL TO ORDER - October 15, 2025 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
__ Mitzy Perez - 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. PRESENTATION.

A. Proclamation Recognizing National Friends of Libraries Week.

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

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #253959 - #254151 in the Amount of $1,160,953.71 .

Recommendation: Approve the check register as submitted.

B. City Council Meeting Minutes for September 3, 2025.

Recommendation: Approve the minutes as submitted.

C. City Council Meeting Minutes for September 17, 2025.

Recommendation: Approve the minutes as submitted.

D. City Council Resolution No. 6997 - Authorizing the Interim City Manager to Execute a Grant Agreement with the San Joaquin River Exchange Contractors Water Authority for the HG Fawcett Canal Trail Overlay Project and Amending the Fiscal Year Budget to Increase Revenues and Expenditures in the Amount of $100,000.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6998 - Approving the Acceptance of a $50,000 Grant (PT26212) From the California Office of Traffic Safety (OTS) and Los Banos City Council Agenda - October 15, 2025 Page 2of5 2 pgs 1-6
pgs. 7-8
pgs. 9-12
pgs. 13-20
pgs. 21-30
pgs. 31-40
Amending the 2025-2026 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures and Revenues in the Amount of $50,000.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6999 - Approving Parcel Map No. 2024-01, Which Includes Dedications of the Right-of-Way Along Highway 152 and Ward Road, and a 10' Public Utility Easement Along Highway 152 and Ward Road Along Highway 152 and Ward Road, as Shown On Said Map (Amie Chang, as Trustee of Amie Change Family Trust).

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 7000 - Awarding the Construction Contract for the Pavement of F Street Corporation Yard Parking Lot Project to Cal Coating Asphalt, Inc. in the Amount of $167,488 and Authorizing the City Manager to Execute the Agreement.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 7001 - Approving and Authorizing the Interim City Manager to Sign the Acceptance of a San Joaquin Valley Air Pollution Control District (SJVAPCD), Electronic Mobility Grant, in the Amount of $150,000 and Approve a Budget Amendment to the 2025-2026 Fiscal Year Budget to Reflect the Additional Revenue and Expenditures Under this Grant.

Recommendation: Adopt the resolution as submitted.

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of the Proposed Participation by the City of Los Banos in the Bond Opportunities for Land Development (BOLD) Program of the California Municipal Finance Authority. Participation in Said Program Will Enable Property Owners to Finance Public Capital Improvements and/or Development Impact Fees for Public Capital Improvements Imposed on New Development Within the Boundaries of the City of Los Banos.
1) City Council Resolution No. 7002 - Approving, Authorizing, and Directing Execution of a Join Exercise of Powers Agreement Relating to the California Municipal Finance Authority.
2) City Council Resolution No. 7003 - Authorizing Use of the BOND Opportunities for Land Development (BOLD) Program and Authorizing the California Municipal Finance Authority to Accept Applications from Property Owners, Conduct Proceedings and Levy Special Taxes within the Territory of City of Los Banos Pursuant to the Mello-Roos Los Banos City Council Agenda - October 15, 2025 Page 3of 5 3 pgs. 41-62
pgs. 63-76
pgs. 77-92
pgs. 93-134
Community Facilities Act of 1982, as Amended; and Authorizing Related Actions.

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

9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 7004 -APPROVING THE AWARD OF CONTRACT TO SWINERTON BUILDERS AND

THE TAYLOR GROUP ARCHITECTS FOR THE LOS BANOS CIVIC CENTER PROJECT IN AN AMOUNT NOT TO EXCEED $7,800,000 AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

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

10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 7005 - AWARDING THE CONSTRUCTION CONTRACT FOR THE BASIN AND

STORMWATER CAPTURE PROJECT TO ARCHER CIVIL CONSTRUCTION LLC, IN THE AMOUNT OF $2,199,376.75 AND AUTHORIZING THE INTERIM

CITY MANAGER TO EXECUTE THE AGREEMENT AND ISSUE THE NOTICE OF AWARD, AND AMENDING THE FISCAL YEAR 2025-2026 BUDGET TO RECOGNIZE ADDITIONAL GRANT REVENUE IN THE AMOUNT OF $525,000.

Recommendation: Receive staff report and adopt the resolution as submitted. 11 . CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 7006 - RATIFYING THE CITY MANAGER'S APPROVAL OF THE EMPLOYMENT AGREEMENT WITH THE PUBLIC WORKS DIRECTOR WILLIAM VIA.

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

12. CONSIDERATION OF APPROVAL OF ORDINANCE NO. 1210 - AMENDING CHAPTER 16 OF TITLE 3 OF THE LOS BANOS MUNICIPAL CODE RELATING

TO CONTRACTING FOR PUBLIC WORKS PROJECTS (UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT). (Second Reading & Adoption}

13. Recommendation: Receive staff report, waive the second reading, and adopt the ordinance as submitted.

CITY DEPARTMENT REPORTS.

A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
F. Police
Los Banos City Council Agenda - October 15, 2025 Page 4of5 4 pgs. 135-160
pgs. 161-214
pgs. 215-228
pgs. 229-246
pgs. 247-587
G. Public Works
Recommendation: Informational item only, no action to be taken.

14. CITY MANAGER REPORT.

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

15. CITY COUNCIL MEMBER REPORTS.

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

16. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing a9-,enda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. tu~
Lucille L. Mallonee
f>. ~ , City Clerk Dated this 10th day of October 2025
Los Banos City Council Agenda - October 15, 2025 Page 5of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOs Banos
At the Crossroads of California

PROCLAMATION RECOGNIZING
NATIONAL FRIENDS OF LIBRARIF.S WEEK
WHEREAS, Friends of the Los Banos Library raise money that enables our library to move from good to great-- providing the resources for additional programming, much needed equipment, support for children s summer reading and special events throughout the year; and
WHEREAS, the work of the Friends highlights, on an on-going basis, the fact that our library is the cornerstone of the community, providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to present; and
WHEREAS, the Friends understand the critical importance of well-funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children s services; and WHEREAS, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community.

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby recognize October 19-25, 2 0 25, as Friends of libraries week in Los Banos, California and urges everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better.

In witness whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Los Banos, this 15th day of October, 2025.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
7 ITEM 5A

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8 CK# 253959 - # 25415110/15/2025 $1,160,953.71
Los Banos , th~ Ou~sroad.< of Cal!fnn,fo
Check Number Payment Date Vendor Module Payment Type Payment Amount 253959 09/23/2025 City of Los Banos Escrow Account Accounts Payable Check 4,354.06 253960 09/26/2025 Apex Annex Health Center, Inc. Accounts Payable Check 1,546.00 253961 09/26/2025 Best Best & Krieger Accounts Payable Check 11,272.33 253962 09/26/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 253963 09/26/2025 Bradley Ellien Accounts Payable Check 500.00 253964 09/26/ 2025 Eric Gallichio Accounts Payable Check 192.25 253965 09/26/2025 Imagine Way More LLC Accounts Payable Check 7,500.00 253966 09/26/2025 Laboratory Corporation of America Holdings Accounts Payable Check 397.95 2539(IT 09/26/2025 Lucky Plumbing & Rooter LLC Accounts Payable Check 425.00 253968 09/26/2025 Elizabeth Martinez Accounts Payable Check 1,277.33 253969 09/26/2025 Minerva Moreno Accounts Payable Check 97.30 ~3970 09/26/2025 PlaceWorks, Inc. Accounts Payable Check 391.25 253971 09/26/2025 Ronny's Inc. Accounts Payable Check 7,744.30 2539n 09/26/2025 Zachary Sawyer Accounts Payable Check 500.00 253973 09/26/2025 Strategic Mechanical Inc. Accounts Payable Check 13,450.06 253974 09/26/2025 AAA Business Supplies Accounts Payable Check 109.49 253975 09/26/2025 Allstar Fire Equipment Accounts Payable Check 3,259.33 253976 09/26/2025 American Water Works Assn Accounts Payable Check 2,712.00 253977 09/26/2025 Anthony Gomes Accounts Payable Check 1,200.00 253978 09/26/2025 AT&T Mobility National Accounts, LLC Accounts Payable Check 5,410.27 253979 09/26/2025 AT&T Accounts Payable Check 2,680.19
253980 09/26/2025 Aztec Technology Corporation Accounts Payable Check 4,390.24 253981 09/26/2025 Crystal Aguilar Accounts Payable Check 600.00 253982 09/26/2025 Jorge Ayala Accounts Payable Check 500.00 253983 09/26/2025 Belkorp Ag, LLC Accounts Payable Check 518.60 253984 09/26/2025 Stericycle Inc Accounts Payable Check 376.61 253985 09/26/2025 BSK Associates Accounts Payable Check 1,671.96 253986 09/26/2025 Bright Ideas Construction Accounts Payable Check 85.00 253987 09/26/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 1,568.00 253988 09/26/2025 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 1,555.07 253989 09/26/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 37.95 253990 09/26/2025 Cintas Corporation No.2 Accounts Payable Check 351.28 253991 09/26/2025 Clark Pest Control Inc Accounts Payable Check 299.00 25399~ 09/26/2025 Comcast Accounts Payable Check 483.21 253993 09/26/2025 Dos Palos Publishing Company Accounts Payable Check 640.00 253994 09/26/2025 EMC Planning Group Inc Accounts Payable Check 638.48 253995 09/26/2025 F S Rod Inc Accounts Payable Check 2,625.00 253996 09/26/2025 Hach Company Accounts Payable Check 230.61 253997 09/26/2025 Halcyon Creek Inc. Accounts Payable Check 2,500.00 253998 09/26/2025 Holt of California Accounts Payable Check 113,497.51 253999 09/26/2025 J.J.R. Enterprises Inc. Accounts Payable Check 2,898.23 254000 09/26/2025 Mark Thomas & Company. Inc. Accounts Payable Check 2,831.25 254001 09/26/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 254002 09/26/2025 McNamara Sports Inc Accounts Payable Check 2,586.53 254003 09/26/2025 Mission Merced Incorporated Accounts Payable Check 12,350.78 254004 09/26/2025 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 1,975.10 254005 09/26/2025 Napa Auto Parts of Los Banos Accounts Payable Check 91.80 254006 09/26/2025 O'Dell Engineering Accounts Payable Check 3,771.25 254007 09/26/2025 OSE Accounts Payable Check 514.29
25400__1\ 09/26/2025 O'Reilly Auto Parts Accounts Payable Check 365.50 254009 09/26/2025 PG&E Company Accounts Payable Check 63.74 254010 09/26/2025 Park Associates Inc. Accounts Payable Check 5,225.06 ITEM 7A
9 254011 09/26/2025 PCN Strategies, Inc Accounts Payable Check 5,616.60 JS4012 09/26/2025 Phoenix Group Information Systems Accounts Payable Check 838.00 254013 09/26/2025 Precision Civil Engineering, Inc Accounts Payable Check 3,080.00 254014 09/26/2025 Price Paige and Company CPA's LLP Accounts Payable Check 470 .00
254015 09/26/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 7,161.07
254016 09/26/2025 Pulltarps Accounts Payable Check 1,581 .40
254017 09/26/2025 Quad Knopf, Inc. Accounts Payable Check 1,155.00 2540~ 09/26/2025 RAT Incorporated Accounts Payable Check 235.00 254019 09/26/2025 Rincon Consultants, Inc. Accounts Payable Check 1,700.50 254020 09/26/2025 Ronny's Inc. Accounts Payable Check
4,960.00
254021 09/26/2025 SJVAPCD Accounts Payable Check 106
.00
254022 09/26/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 1,221.64 254023 09/26/2025 Save Mart Supermarkets Accounts Payable Check 90.94 254024 09/26/2025 SG2 LLC Accounts Payable Check 25,472.00 254025 09/26/2025 SHI International Corp Accounts Payable Check 26.05 254026 09/26/2025 Sorensens True Value Accounts Payable Check 1,513 .84
254029 09/26/2025 Technicon Engineering Services, Inc. Accounts Payable Check 1,881.00 254030 09/26/2025 The Don Chapin Co., Inc. Accounts Payable Check 696.79 254031 09/26/2025 Toscano's Construction Accounts Payable Check 3,525.00 154032 09/26/2025 CalMat Co. Accounts Payable Check 1,499 .34
254033 09/26/2025 United Site Services, Inc. Accounts Payable Check 2,280.42 254034 09/26/2025 US Bank Corp Pymt System Accounts Payable Check 56,728.65 254036 09/26/2025 USA Blue Book Accounts Payable Check 435.36 254037 09/26/2025 Vanir Construction Management, Inc. Accounts Payable Check 8,587.50 254038 09/26/2025 VCA Animal Hospital
s, Inc. Accounts Payable Check 297.82
254039 09/26/2025 Vestis Group, Inc. Accounts Payable Check 162 .19
254040 09/26/2025 Vestis Accounts Payable Check 829
.71
254041 09/26/2025 Verizon Wireless Accounts Payable Check 820.26 254042 09/26/2025 West Coast Arborists, Inc. Accounts Payable Check 25,942.00 254043 09/26/2025 Williams Scotsman, Inc. Accounts Payable Check 3,100 .39
254044 09/26/2025 Windecker Inc Accounts Payable Check 4,184.45 254045 09/26/2025 Young's Air Conditioning
Accounts Payable Check 76
.00
254058 10/01/2025 Law Offices of William A Vaughn Accounts Payable Check 14,700.00 254059 10/02/2025 Apex Annex Health Center, Inc. Accounts Payable Check 513.00 254060 10/02/2025 Sara Blevins Accounts Payable Check 342.50 254061 10/02/2025 John Butler Accounts Payable Check 132.50 254062 10/02/2025 Jennifer Hogan Accounts Payable Check 189.00 254063 10/02/2025 Deborah Lewis Accounts Payable Check 138.00 254064 10/02/2025 Ivan Mendez Accounts Payable Check 189.00 254065 10/02/2025 Mitzy Perez Accounts Payable Check 546.91 254066 10/02/2025 Ronny's Inc. Accounts Payable Check 224,028.37 254067 10/02/2025 Jeremy Sterling Accounts Payable Check 189 .00
254068 10/02/2025 Youth Evolution Activites Accounts Payable Check 2,366 .00
254069 10/02/2025 AAA Business Supplies Accounts Payable Check 78.10 254070 10/02/2025 American Water Works Assn Accounts Payable Check 2,712.00 254071 10/02/2025 Anthony Gomes Accounts Payable Check 200.00 254072 10/02/2025 AT&T Mobility Accounts Payable Check 5,410 .27
254073 10/02/2025 AT&T Accounts Payable Check 352.55
254074 10/02/2025 Beam Insurance Administrators LLC Accounts Payable Check 24,465.20 ;154075 10/02/2025 BlueTriton Brands, Inc. Accounts Payable Check 38.48 254076 10/02/2025 BSK Associates Accounts Payable Check 2,189.98 254077 10/02/2025 Ca Dept of Justice Cashiering Unit Accounts Payable Check 2,533.00 254078 10/02/2025 Capital One Accounts Payable Check 283.19 254079 10/02/2025 Comcast Accounts Payable Check 174.28 254080 10/02/2025 Copy Shipping Solutions Accounts Payable Check 35.85 254081 10/02/2025 Cummins
-Allison Corp. Accounts Payable Check 4,099.87
254082 10/02/2025 Fritz Conle Accounts Payable Check 300 .00
254083 10/02/2025 Donnoe & Associates, In
c. Accounts Payable Check 12,500
.00
254084 10/02/2025 Federal Express Corporation Accounts Payable Check 30.03 254085 10/02/2025 Fehr & Peers Accounts Payable Check 2,280.00 254086 10/02/2025 Briana Hernandez Accounts Payable Check 600.00 10 254087 10/02/2025 Ingraham Trophies Accounts Payable Check 154.37 25408.Q 10/02/2025 JJ.R. Enterprises Inc. Accounts Payable Check 148.41 254089 10/02/2025 Marfab Inc Accounts Payable Check 81.36 254090 10/02/2025 O'Dell Engineering Accounts Payable Check 2,128.75 254091 10/02/2025 PG&E Company Accounts Payable Check 255,969.23 254092 10/02/2025 Park Associates Inc. Accounts Payable Check 372.65 254093 10/02/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 18,353.90 254094 10/02/2025 Reliance Standard Life Insurance Company Accounts Payable Check 6,340.29 254096 10/02/2025 RMGY Inc. Accounts Payable Check 175.27 254097 10/02/2025 Safe T Lite of Modesto, Inc. Accounts Payable Check 1,037.98 254098 10/02/2025 Save Mart Supermarkets Accounts Payable Check 121.61 254099 10/02/2025 Sherwin Williams Co Accounts Payable Check 186.23 254100 10/02/2025 Sorensens True Value Accounts Payable Check 930.59 254102 10/02/2025 Technicon Engineering Services, Inc. Accounts Payable Check 125.00 254103 10/02/2025 Thirkettle Corporation Accounts Payable Check 18,874.76 254104 10/02/2025 Tyler Technologies, Inc. Accounts Payable Check 104,050.72 254105 10/02/2025 United Site Services, Inc. Accounts Payable Check 2,413.67 254106 10/02/2025 USA Blue Book Accounts Payable Check 1,242.56 254107 10/02/2025 Valley Wide Cooperative Accounts Payable Check 369.64 254108 10/02/2025 Vestis Group, Inc. Accounts Payable Check 907.39 254109 10/02/2025 Vestis Accounts Payable Check 1,102.48 254110 10/02/2025 Verizon Wireless Accounts Payable Check 3,655.37 254111 10/02/2025 Willdan Engineering Accounts Payable Check 7,340.00 254133 10/07/2025 Aflac-Customer Service Accounts Payable Check 215.93 254134 10/07/2025 AFSCME District Council 57 Accounts Payable Check 2,295.16 254135 10/07/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,759.54 254136 10/07/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,967.00 254137 10/07/2025 Franchise Tax Board Accounts Payable Check 856.52 254138 10/07/2025 Home Depot Accounts Payable Check 9,319.80 254144 10/07/2025 Los Banos Police Assn Accounts Payable Check 1,015.00 254145 10/07/2025 Los Banos Police Assn. Accounts Payable Check 315.00 254146 10/07/2025 MissionSquare Accounts Payable Check 1,295.89 254147 10/07/2025 MissionSquare Accounts Payable Check 9,675.00 254148 10/07/2025 Nationwide Retirement Solutions Accounts Payable Check 4,336.49 254149 10/07/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 780.99 254150 10/07/2025 State Disbursement Unit Accounts Payable Check 1,471.00 Break in check sequence due to the following: Payment Type Check #254027 - #254028 (Manual Void) Regular Checks 149 1,160,953.71 Check #254035 (Manual Void) Manual Voids 10
Check #254046 - #254057 (Utility Billing) Voided Checks 0 Check #254095 (Manual Void) 1,160,953.71
Check #254101 (Manual Void)
Check #254112 - #254129 (Utility Billing)
Check #254130- 254132 (Payroll)
Check #254139 - #254143 (Manual Void)
Check #254151 (Payroll)
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12 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
SEPTEMBER 3, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:03 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Council Member Evan Sanders - District 2, Marcus Chavez - District 3, Mayor Michael Amabile, District 1 - vacant; ABSENT: Deborah Lewis - District 4 STAFF MEMBERS PRESENT: Interim City Manager Brizzee, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Police Sergeant Mendez, Acting Public Works Director/Parks & Recreation Director Heim, Assistant Fire Chief Dorenbush, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that Staff is requesting that item 71 - City Council Resolution No. 6977 - Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998, be removed from the consent agenda and presented as a separate agenda item after consent agenda approval.

Motion by Chavez, seconded by Sanders to approve the agenda as amended, removing 71 - City Council Resolution No. 6977 - Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998, be removed from the consent agenda and presented as a separate agenda item after consent agenda approval. The motion carried by the affirmative action of all Council Members present, Lewis absent.

PRESENTATIONS.

CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR AUGUST 2025 -TERESA NAVA, PART TIME RECREATION ASSISTANT, PARKS & RECREATION DEPARTMENT. Mayor Amabile presented the certificate to Teresa Nava, who was present to accept.

PROCLAMATION RECOGNIZING CALIFORNIA'S 175TH ANNIVERSARY OF STATEHOOD. Mayor Amabile presented the proclamation.
13 ITEM 7B
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5} MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. CARLOS FLORES, a resident of District 1, spoke regarding concerns about chromium levels in the city's water. He stated that while the website describes the water as safe, he believes it is not, and expressed frustration that society accepts the poisoning of communities through chemicals and pollution. Identifying himself as indigenous, he contrasted his people's history of farming without pesticides with current practices and questioned why humanity is not prioritized over money. He noted concerns about cancer in the Central Valley and called for accountability from representatives at all levels of government, urging that those responsible be held accountable and that the community be given clear answers; KABIL MOHAMMED, program manager with the American Red Cross of Merced County, presented an award to the Los Banos Fire Department for their support of the Red Cross "Sound the Alarm" program, which provides free smoke detectors to residents. The award was accepted by Brandon Dorenbush on behalf of Fire Chief Tualla and the department; PASTOR RAUL GRANILLO of Mercy Springs Church announced that the church would be hosting an immigration workshop offering free resources, including access to lawyers and accredited representatives, to assist with citizenship, document renewals; permanent residency, and legal rights. He encouraged the community to recognize that life and law are complicated, and emphasized the importance of listening to and sharing stories to foster understanding and compassion; BLANCHE JORGE, a downtown resident, spoke regarding two letters received by the city from residents who benefitted from animal shelter programs. She thanked Sergeant Ivan Mendez and shelter staff for their efforts and summarized the letters of appreciation, which included gratitude from a single resident who experienced an overwhelming situation. She then spoke about the shortage of veterinarians in Los Banos, noting that the city's population of nearly 50,000 should ideally be supported by six veterinarians, but currently has fewer. She suggested that the city consider ways to recruit veterinarians, either from other communities or by supporting new practitioners locally, and encouraged promoting Los Banos as a pet-friendly city. She closed by thanking the council for its continued support. City Clerk Mallonee read a letter from Julie Creighton raising concerns about environmental issues. The Mayor responded, clarifying his previous comments and addressing the chromium-6 mandate. He explained that state standards have recently changed, which placed the city out of compliance, and noted that the city is working with the state to create a plan for compliance and ensure public safety.

No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Chavez, seconded by Sanders to approve the consent agenda items as follows: Check Register for #253002 - #253548 in the Amount of $3,359,970.68; City Council Meeting Minutes for August 6, 2025; City Council Adjourned Meeting Minutes for August 7, 2025; City Council Special Meeting Minutes for August 14, 2025; City Council Special Meeting Minutes for August 18, 2025; City Council Special Meeting Minutes for August 25, 2025; 14 City Council Resolution No. 6975 - Approving the Acceptance of a $14,874 UC Davis Koret Shelter Medicine Grant in Connection with California for All Animals Program and Amending the Fiscal Year 2025-2026 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $14,874; City Council Resolution No. 6976 - Approving Amendment to the Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority; City Council Resolution No. 6977 Approving and Adopting a Policy for the Discontinuation of Residential VV-ater Service for Nonpayment in Compliance 'Nith Senate Bill 998; City Council Resolution No. 6978 - Authorizing the Chief of Police to Sign a Memorandum of Understanding with the County of Merced for the County Violence Interruption and Prevention Emergency Response (V.I.P.E.R.) Team; City Council Resolution No. 6979 - Approving Parcel Map No. 2023-01, which Includes Dedications of Public Utility Easements as Shown on the Map and a 20' Widening Along Ward Road and Ward Court, Portions of APNs: 084-030-004, 084-030- 047, and 084-030-048 (Guelah, LLC); City Council Resolution No. 6980 -Accepting the Animal Shelter Rehabilitation Project as Complete and Authorizing the filing of a Notice of Completion with the Merced County Recorder (Taylor Backhoe Service, Inc.); City Council Resolution No. 6981 - Authorizing the City Manager to Issue Purchase Orders for Equipment and Vehicles Through the Cooperative Procurement Contract with Sourcewell as Follows: Dump Truck from Gibbs International Inc. for $147,822.74, Compact Loader from Holt of California for $112,501.93, Wheel Loader with Bucket from Holt of California for $217,629.49, Backhoe from Holt of California for $169,097.32, Generator from ES Energy Systems for $138,968.78, and Tractor with Triple Flail Mower from Tiger Mowers, Inc for $271,410.03; City Council Resolution No. 6982 - Authorizing the Interim City Manager to Enter into an Agreement with EC America, Inc. a Subsidiary of lmmixGroup, for the Purchase of Procore Project Management Software and Amend the Fiscal Year 2025-2026 Budget by Increasing Expenditures in the Amount of $53,177.00. The motion carried by the affirmative action of all Council Members present, Lewis absent.

CITY COUNCIL RESOLUTION NO. 6977 - APPROVING AND ADOPTING A POLICY

FOR THE DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NONPAYMENT IN COMPLIANCE WITH SENATE BILL 998. Finance Director Moreno presented the staff report, which included a PowerPoint presentation. She reviewed consumer protections, notice requirements, exemptions, and reconnection fees.

Council Member Chavez asked whether late fees are waived every 12 months or may be waived. Finance Director Moreno clarified they may be waived at the City's discretion.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6977 - Approving and Adopting a Policy for the Discontinuation of Residential Water Service for Nonpayment in Compliance with Senate Bill 998. The motion carried by the affirmative action of all Council Members present, Lewis absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

PROPOSED AMENDMENTS TO THE MOBILE FOOD VENDOR ORDINANCE 15 (ARTICLE 36 OF TITLE 9 CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE):

ORDINANCE NO. 1209 -AMENDING ARTICLE 36 OF TITLE 9, CHAPTER 3 OF THE

LOS BANOS MUNICIPAL CODE REGARDING MOBILE FOOD VENDING (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Amabile opened the public hearing. IVAN GONZALEZ, a food truck owner in Los Banos, spoke in favor of the ordinance and expressed hope that the council would support the proposed changes. Another individual, who remained unnamed, also spoke in support and mentioned that she had submitted a letter regarding her disability. CARLOS FLORES from District 1 shared his perspective, noting that he has gotten to know the food vendors and recognizes the hard work and investment required before turning a profit. He emphasized the progress being made with food vendors and encouraged the council to take this into consideration, particularly during challenging times such as the hot season and rainy season. Flores commended city staff for developing the ordinance and thanked the council. A letter was also read aloud by the City Clerk from NINA VILLAGOMEZ in support of the ordinance. No one else coming forward to speak.

Mayor Amabile thanked Council Member Chavez for personally visiting the mobile food vendors, listening to their concerns, and bringing their ideas back to the city. Council Member Sanders asked about any additional costs to the process, and Stacy explained that the costs would be absorbed into the current process. Mr. Amabile compared the mobile food truck park to the Friday farmers market, and Ms. Souza Elms clarified that while special events like the farmers market are exempt, the ordinance outlines a process that food trucks must go through. Mr. Amabile reflected on how the city's process, through the planning commission, first reading, and second reading, can seem lengthy and frustrating but is designed to be fair for all. He thanked staff and Interim City Manager Brizzee for implementing a temporary solution in the meantime. Council Member Chavez acknowledged the frustrations of the process, empathizing with the vendors, and expressed regret that it has taken so long, but explained that these are the rules the city must follow.

Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1209 - Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. The motion carried by the affirmative action of all Council Members present, Lewis absent.

Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1209 - Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. The motion carried by the following roll call vote: AYES: Chavez, Sanders, Amabile; NOES: None; ABSENT: Lewis.

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

LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD OCTOBER 8-10, 2025 IN LONG BEACH, CALIFORNIA. Motion by Sanders, seconded by Chavez to designate Council Member Lewis as the voting delegate and 16 Finance Director Moreno as the alternate delegate. The motion carried by the affirmative action of all Council Members present, Lewis absent.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms reported that a Request for Qualifications (RFQ) for the Civic Center Plan, specifically the reuse of the Police Annex into a Development Services Center, is due back from qualified entities tomorrow at 2:00 p.m. The notice of award is anticipated to be presented to the City Council on October 15, pending selection of the architect and contracting team. Staff also noted that analysis is underway for potential reuse of the old police station.

Finance. No report
Fire. Assistant Chief Dorenbush reported receiving a new Type 6 brush truck, expected to arrive late today or early tomorrow. They also addressed a recent brush fire on Moraga Avenue, which burned grass and was quickly contained with support from the department, noting that it was primarily a county call. The department thanked the Council for their support.

Human Resources. No report
Parks & Recreation/Public Works. Director Heim highlighted that tickets are on sale for the 40th Annual Salute to Seniors event, scheduled for Friday, September 26th , congratulated Teresa Nava who was recognized as Employee of the Month for her significant contributions and training within the department. Updates on several park projects were provided, including progress on pickleball courts, shade structures, and other improvements. A public meeting for the Pioneer Complete Streets project is scheduled for September 9 at 6 p.m. at the Community Center to review the project design. The department also submitted grant applications for the canal trail overlay.and a staff position in solid waste, and finalized the landfill closure and post-closure maintenance plan. Additionally, the animal shelter's renovation was completed and is now operational, with thanks to Sergeant Mendez for her work.

Police. Sergeant Mendez highlighted current hiring updates, with four candidates scheduled to attend the academy in mid-September, one candidate in backgrounds attending the Stockton Police Academy, and one lateral candidate from the Fresno Police Department. Upcoming events include two officers being honored at the Arts Council Hometown Heroes event this Saturday, a tour of the department by Manteca Police Department on September 8, the grand opening of the animal shelter on Tuesday, September 9 at 10 a.m., and the administration team attending the County Chiefs meeting on September 10.

CITY MANAGER REPORT. Interim City Manager Brizzee apologized for the earlier confusion regarding the League of California Cities conference and provided updates on city projects. He highlighted the Development Services Center project, noting it will double 17 City Hall's footprint and is a long-overdue initiative. Mr. Brizzee reported that Shauhnessy Park is progressing well, with completion expected in the coming months, and reminded the council of the Animal Shelter Grand Opening on September 9 at 10:00 a.m. He provided an update on Ortigalita Road improvements, with Mr. Heim adding that a fourway stop is expected by November 24 and traffic signals by March 10, 2026. Regarding street repairs, Mr. Heim explained that Phase 1 and Phase 2 of the 2026 street rehabilitation projects are in design, with streets identified for each phase. Council Member Chavez raised code enforcement issues and questions about speed bumps; Mr.

Brizzee responded, noting a process for residents to request speed cushions and that these topics had also been discussed during Parkside Chats.

CITY COUNCIL MEMBER REPORTS:

DISTRICT 1: Vacant
EVAN SANDERS - DISTRICT 2: Reported on the progress of the food truck ordinance, noting that while the process can be slow and sometimes frustrating, it ensures fairness and consistency. He emphasized that the council works to respond to community concerns, citing the food truck ordinance as an example of addressing issues brought before them. Mr. Sanders also highlighted improvements at Snow Goose Park, particularly the large shade canopies being installed over play structures, which will provide more comfortable outdoor spaces for children and families.

MARCUS CHAVEZ - DISTRICT 3: Echoed Council Member Sanders' comments, emphasizing the importance of the council's process in considering community input and making decisions that reflect the needs of all districts. He noted that while some proposals may face opposition, the process allows for fair evaluation and decision-making. Chavez also made a lighthearted reference to nostalgic playground experiences. District 4 Council Member Deborah Lewis was absent and will be present at the next meeting.

DEBORAH LEWIS - DISTRICT 4: Excused absence
MICHAEL S. AMABILE - MAYOR: Provided updates on recent city activities and engagements. He noted that a history tour a few weeks ago was well attended, with approximately 75 participants, and praised the Art Council and American Museum Society for organizing it. He met with students from San Diego State and Penn State working on a federal grant regarding solar projects in the Central Valley, providing them with information about local projects. He also met with Assemblymember Esmeralda Soria to discuss state budget updates and potential grant opportunities for the city. The Mayor highlighted a recent 2-by-3 meeting with city council and school board members to coordinate planning for future school sites and ensure long-term alignment in development. He recognized the grand opening of Walmart, noting their contributions to local nonprofits and ongoing improvements at the site. Additionally, he attended the American Filipino Association's "Queens of Queens" dinner, where he participated in crowning the queen and commended the organization for its community involvement.

The Mayor reported that the city sent a letter to Merced County Associated Governments 18 opposing the use of local SHOP funds for the Highway 152 project near St. Louis Dam, as it would divert city-designated funds for a county project. He also discussed ongoing efforts with Assemblymember Adam Gray to address disparities in Medicare payments to healthcare providers in Merced County, noting that proposed legislation could help attract and retain doctors in the area. Finally, the Mayor congratulated the candidates for the District 1 election, noting the challenges of district-based elections in smaller cities. He stated that election results are pending certification, and the successful candidate will be sworn in at an upcoming council meeting.

CLOSED SESSION - PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY. PURSUANT TO GOVERNMENT CODE SECTION 54957(8 ). No reportable action taken.

ADJOURNMENT. The meeting was adjourned at 8:18 pm.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

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

CITY COUNCIL MEETING MINUTES
SEPTEMBER 17, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

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

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

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

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

Mayor Amabile invited the public to come forward to speak. CARLOS FLORES of District 1 raised concerns about hexavalent chromium in the City's water supply. He explained 21 ITEM 7C
how chromium 3, naturally present in aquifers, can convert to the more dangerous chromium 6 due to industrialization, farming practices, and reduced groundwater levels that no longer dilute contaminants. Mr. Flores questioned why contamination issues near the airport, reportedly discussed since 2008, have not been fully addressed, and asked what will happen to the airport land if housing is built there given its contamination. He also voiced concerns about developer influence on City decisions, the lack of adequate retail growth compared to housing development, and the broader issue of environmental contamination throughout the Central Valley. Mr. Flores urged the Council to prioritize public health and transparency, stressing that water contamination directly affects families, children, and future growth in the community; LARRY BYERS, a member of the Tree Commission, shared his positive experience receiving emergency care from Riggs Ambulance and Los Banos Memorial Hospital after a recent accident. He informed the Council that Sutter Health is planning to build a new hospital in Los Banos, as retrofitting the current facility to meet earthquake standards is too costly. Mr. Byers advocated for the inclusion of a trauma center, noting that Merced County currently has no trauma centers and that accident victims are often airlifted to hospitals outside the area. He encouraged the Council to support efforts to raise healthcare worker salaries to attract and retain qualified staff, emphasizing the importance of improving access to higher levels of care in Los Banos; AMAL MAROOF, a student at Merced College, thanked the Council and staff for visiting her classes, noting the positive impact of their visit. She expressed appreciation for their thoughtful responses, advice, and encouragement to students, stating that the experience inspired students to remain engaged in their community and consider their own future contributions; Another community member praised the Mayor, Council, and staff for their ongoing service and dedication to Los Banos. GREG WELLMAN reflected on regional water issues, citing past contamination challenges with chemicals, and emphasized the importance of continued leadership in addressing water and healthcare concerns. He also recognized the Mayor's long tenure and the commitment of Councilmembers and staff in serving the community; BLANCHE JORGE provided an update on efforts to manage the feral cat population. She reported that in District 4, 21 feral cats were recently trapped, with many placed in rescues or shelters, including kittens that were adopted quickly. She described ongoing community outreach and education to help residents understand the difference between stray and feral cats and the importance of reducing unvaccinated animal populations for public health. Ms.

Jorge thanked the Police Department and shelter staff for their continued cooperation; TONY WHITEHURST expressed gratitude to the Council for appointing Nirorn Than as the incoming City Manager and thanked Mr. Tan for accepting the position. He highlighted Mr. Than's qualifications and past contributions to the City, particularly his engineering expertise and ability to address water, transportation, and infrastructure challenges. Mr.

Whitehurst voiced optimism that Mr. Than's leadership will strengthen partnerships with regional agencies and lead to meaningful progress on long-standing issues facing Los Banos. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested to pull item 6D - 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 for discussion. 22 Motion by Chavez, seconded by Sanders to approve the consent agenda items as amended as follows: Check Register for #253549 - #253743 in the Amount of $1,549,431.04; 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; 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; 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. The motion carried by the affirmative action of all Council Members present.

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. Council Member Lewis provided background on national opioid lawsuit settlements involving pharmaceutical companies such as McKesson and Johnson & Johnson, noting that California is set to receive $440 million from the Purdue settlement.

He explained that funds will be distributed to jurisdictions through an opt-in process, possibly administered by Merced County, and sought clarification on how Los Banos may access and utilize the funds. Staff reported that eligible uses could include assisting unhoused individuals with substance use treatment and developing inpatient detox services, either through service providers or by allocating funds to the County Department of Public Health for countywide programs. Additional settlements totaling billions of dollars nationwide are also expected from other pharmaceutical companies. Staff confirmed that the City's Housing Program Manager is monitoring the settlement process and eligibility requirements to identify opportunities for the City.

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

SAN LUIS RESERVOIR UPGRADE PRESENTATION - BY PABLO ARROYAVE,

CHIEF OPERATING OFFICER WITH THE SAN LUIS & DEL TA-MENDOTA WATER AUTHORITY. Interim City Manager Brizzee presented the staff report and introduced Pablo Arroyave, Chief Operating Officer of the San Luis & Delta-Mendota Water Authority, who presented an update on the San Luis Reservoir Dam Raise Project. He explained that the project is a partnership between the Water Authority and the Bureau of Reclamation to address seismic safety concerns at the reservoir and to expand storage capacity. The federal Safety of Dams project is currently underway and will add 1 O feet of height to the dam, providing no additional storage but improving safety. Following its completion in 2028-2029, the Water Authority plans to add an additional 10 feet, which will create 130,000 acre-feet of new water storage, approximately a 15% increase in 23 capacity. Mr. Arroyave noted that the project is estimated at $1 billion, with nearly half of the cost related to raising a three-quarter mile section of Highway 152 by 10 feet. Caltrans is working with the Water Authority on a traffic study to minimize impacts on commuters and emergency response. Construction on the road section is projected for 2029-2030 and expected to take about one year. He stated that the additional storage will benefit both agricultural and municipal/industrial water users, including Valley Water (San Jose area), Wetlands Water District, San Benito Water District, Del Puerto Water District, the City of Tracy, and Byron Bethany. Mr. Arroyave confirmed that the wetlands and refuge system around Los Banos will also benefit indirectly.

There was Council Member discussion regarding project timing, traffic impacts, water allocation between agriculture and municipal users, and potential connections to growth in areas such as Tracy Hills. Mr. Arroyave emphasized the importance of the project for drought resilience and confirmed that community outreach will begin in 2028. He offered to provide further information to the City as planning advances.

Information item only, no action taken.

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); ORDINANCE NO. 1209 - AMENDING ARTICLE 36 OF TITLE 9, CHAPTER 3 OF THE

LOS BANOS MUNICIPAL CODE REGARDING MOBILE FOOD VENDING (SECOND READING & ADOPTION). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Amabile opened the public hearing. UNNAMED PERSON expressed her gratitude to the City Council for listening and engaging with the community and thanked the Council for their time, support, and attention to local issues. No one else came forward to speak and the public hearing was closed.

Motion by Chavez, seconded by Sanders to waive the second reading of Ordinance No. 1209 - Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. The motion carried by the affirmative action of all Council Members present.

Motion by Chavez, seconded by Sanders to adopt Ordinance No. 1209 - Amending Article 36 of Title 9, Chapter 3 of the Los Banos Municipal Code Regarding Mobile Food Vending. The motion carried by the following roll call vote: AYES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: None.

VINEYARD DRIVE/DOVE STREET AND ST ATE ROUTE 165 INTERSECTION CONTROL ALTERNATIVES. Acting Public Works Director/Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation.

The City Council held lengthy discussion regarding proposed improvements at the intersection of Vineyard Drive, Dove Street, and State Route 165. The project, a City-led 24 effort in coordination with CalTrans, aims to improve traffic circulation, safety, and emergency response by establishing a full four-way intersection. The Council reviewed data from traffic studies, public meetings, and concept evaluations comparing a traffic signal, a single-lane roundabout, and a no-build option. Two public meetings were held, with attendance ranging from 25 to 75 residents, where concerns were raised about pedestrian and bicycle access, large truck traffic, proximity to nearby parks and residences, safety, and project costs. Staff presented data indicating that a roundabout would improve traffic flow, reduce total crashes by 39%, decrease serious injury crashes by nearly 90%, and lower long-term maintenance costs. Emergency services expressed support for the roundabout, noting its benefits for traffic calming and safety. Council members discussed concerns about public familiarity with roundabouts, pedestrian visibility, and emergency vehicle access, including crosswalk treatments and flashing beacon options.

After discussion, Council Members Sanders, Chavez, and Amabile expressed support for the roundabout, while Council Member Lewis preferred a traffic signal. The Council recommended moving forward with the preferred alternative, directing staff to continue detailed design, environmental review, and funding efforts, while incorporating appropriate pedestrian and bicycle safety measures. Staff thanked all attendees and acknowledged contributions from project partners, including Caltrans, Mark Thomas, and community stakeholders.

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.

Interim City Manager Brizzee presented the staff report. summarizing the recruitment process, noting it began in February 2025 with the hiring of a firm to assist in the search.

The process included advertising the position, screening 41 applicants, multiple council meetings and closed sessions, interviews, and Zoom meetings, ultimately narrowing the candidates to finalists. Nirorn Than was selected due to his extensive experience in municipal government, public works, civil engineering, city management, capital improvement programs, multi-million-dollar budgets, and initiatives that promote sustainable city growth and regional collaboration. The employment agreement outlines a three-year initial term beginning November 3, 2025, with a possible two-year extension.

The base salary is $238,000 annually ($19,900/month), with annual 5% step increases, standard employee benefits including medical, dental, vision, life insurance, CalPERS retirement, retiree health savings, deferred compensation, sick leave, vacation, administrative leave, educational incentive pay, and bilingual pay. Additionally, Mr. Than will receive a $550 monthly car allowance and $100 monthly cell phone allowance. The fiscal impact of the agreement was reviewed and deemed within the adopted 2025-26 budget.

Council Members praised Mr. Than for his intelligence, professionalism, and commitment to the community, noting the importance of appointing a manager who is invested in Los Banos and works collaboratively with the Council and staff. Several Council Members remarked on the competitive selection process, emphasizing Mr. Than's local roots, strong character, and consistent professionalism throughout interviews and prior 25 interactions with the Council. The Council expressed confidence in his ability to continue the progress made by Interim City Manager Brizzee.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6986 - Appointing a City Manager and Approving and Authorizing the Execution of the Los Banos City Manager Employment Agreement with Soknirorn Than. The motion carried by the affirmative action of all Council Members present.

Mr. Than addressed the City Council, expressing his honor and humility at returning to serve the community, emphasizing his dedication to working collaboratively with staff and the City Council, and highlighting his focus on maintaining a culture of openness, collaboration, and innovation. He thanked his family, friends, and the Los Banos staff for their support and guidance. Council Members welcomed Mr. Than and he briefly discussed spoke about the Gustine roundabout, highlighting its successful implementation, traffic and safety improvements, and plans for additional roundabouts in the community.

COUNCIL MEMBER REQUEST REGARDING CITY RENTAL PROPERTIES (MAYOR PRO TEM LEWIS). Council Member Lewis spoke regarding her request to have the Council consider hiring a commercial agency to evaluate city-owned properties. She explained that a recent lease of one of the city's buildings highlighted the lack of standardized costs based on square footage and market value. Her request is aimed at hiring a professional organization to review all city-owned properties that are leased or rented to private organizations, 501 (c)(3)s, or other entities, to determine fair market rates and reduce the burden on staff. Mayor Amabile asked how the process would be carried out, and Finance Director Moreno recommended issuing a Request for Proposal (RFP) for a market rate study, ensuring that proposals are collected and an evaluation is completed to establish appropriate market rates for all city properties. The Council acknowledged that the study would have a cost, but there were no objections, and all Council Member members present, Sanders, Chavez, Lewis, and Amabile, voted in favor of moving forward with the request.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms reported that a public meeting will be held on September 25th from 6:00 to 7:30 p.m. at the Community Center regarding a proposed amendment to the 2042 General Plan. The amendment focuses on removing the bypass from the plan to align with the upcoming Transportation Master Plan, which analyzes city circulation without the bypass. Adjustments will also be made to the sphere of influence and land uses in the northern area to follow parcel lines rather than the bypass. The public meeting will be conducted in an open house format with land use maps displayed for community feedback. It was noted that the possibility of constructing a bypass along Las Banos is no longer feasible, as Caltrans will not fund the project, which would cost approximately $700 million to $1 billion, and planning will instead focus on reasonable and feasible transportation options.
26 Finance. Director Moreno reminded residents of the new water service disconnection policy and encouraged those with high bills or financial/medical needs to arrange payment plans. She also announced the promotion of a finance manager and reported that the department is working with multiple auditors to meet deadlines and provide timely audit reports.

Fire. Chief Tualla thanked the Council, City Manager, and Finance for their support with the budget. He provided updates on the Battalion Chief position, noting testing will be completed soon, and announced a firefighter starting tomorrow. He also introduced the new Type 6 wildland engine, which will help mitigate vegetation fires without using larger engines.

Human Resources. No Report
Parks & Recreation/Public Works. Director Heim provided updates on Shaughnessy Park, noting playground amenities and landscaping are in place, with a projected fall opening (except for the basin area, which will open once grass is established). He highlighted the 40th annual Sluice Seniors event at the end of September, upcoming Halloween Fest, and general busy fall activities. Heim also mentioned upcoming Parks public meetings for projects including South Point Basin, the Pump Track, Vineyard B Park, and the Splash Pad. He provided a brief update on the Pioneer project, to be fully presented at the October 1 Council meeting. Finally, he thanked the fleet team for their work on recent equipment and vehicle purchases despite being short-staffed.

Police. Chief Reyna provided updates on the department's recent training and staffing.

He noted completion of additional Taser 10 training and ongoing use of body-worn cameras, emphasizing their role in officer and community safety. Chief highlighted the promotion of Ashley Greco to Records Supervisor and Sergeant Ramon McDonald to a police administration position. He reported identifying four new police officer trainees who will attend the Fresno Police Academy, with another officer graduating from the Delta Police Academy next month. The department is also recruiting a lateral officer from the Fresno Police Department and plans to continue sending officers to the academy.

CITY MANAGER REPORT. Interim City Manager commended the City Council's selection of Nirorn as the new City Manager, highlighting Nirorn's familiarity with ongoing projects, intelligence, energy, and ability to lead a smooth onboarding process. He expressed confidence that staff will support Nirorn, noting that staff success and the City Manager's success are closely linked. Regarding the recently approved roundabout, Mr.

Brizzee emphasized the importance of the project for traffic flow improvements and future planning, noting observations of morning traffic congestion at the H Street and Badger Flat intersection. He underscored that Council approval enables staff to pursue funding, studies, or design work through agencies like MCAG. On public concerns related to Chromium-6, Mr. Brizzee reassured the public that the city maintains transparency, providing resources and documents on the city's website in both English and Spanish, and encourages residents to reach out directly with questions. Mr. Brizzee addressed Human Resources operations, noting that the department manages numerous personnel tasks daily, including the recruitment process for dozens of open positions and hundreds 27 of applicants, reflecting the city's ongoing staffing efforts following the approval of 19 new positions in the current fiscal year. Mr. Brizzee addressed concerns regarding contamination near the airport and west-side wells and explained that while some water in that area has historically been contaminated, current state-mandated testing by the California Water Control Board, one of the strictest regulatory agencies in the nation, shows no contamination beyond normal thresholds except for hexavalent chromium. He noted that all water quality reports are available on the Chromium-6 page of the city's website and encouraged the public to review them or reach out with questions.

CITY COUNCIL MEMBER REPORTS:

EVAN SANDERS - DISTRICT 2: Shared several observations and concerns regarding the planned roundabout. He emphasized that any lighting installed should not negatively impact nearby homes and suggested including traffic-calming measures to prevent misuse, such as people performing donuts. He also expressed concern that opening Vineyard as a bypass could create traffic issues on the north side of town, noting similar problems with other roads. Additionally, he mentioned attending the animal shelter grand opening, welcomed the new city manager appointment, and noted that the Council will soon be at full strength with the final member joining.

MARCUS CHAVEZ - DISTRICT 3: Council Member Chavez highlighted the recent animal shelter opening, recognizing it as a significant achievement and thanking staff for their efforts in making it possible. He also addressed the ongoing work to manage the local encampment, noting that while it remains an imperfect situation, substantial improvements have been made through the coordinated efforts of the Fire Department, Public Works, and other city staff. Mr. Chavez acknowledged positive public feedback on these efforts and commended staff for their dedication and hard work. He concluded with a brief, lighter note expressing anticipation for the cooler temperatures of the upcoming autumn season.

DEBORAH LEWIS - DISTRICT 4: Congratulated Nirorn Than on his appointment as City Manager, noting his intelligence and prior experience serving as Public Works Director/City Engineer and Director of Parks & Recreation. She also attended the animal shelter grand opening, praising staff, volunteers, and the funding that enabled the purchase of the shelter building. Regarding local transportation, Lewis noted that the state removed the Los Banos bypass from consideration around 2015-2016, and the City is focusing on the Pioneer Corridor to improve traffic flow along Highway 152. She provided an update from the August Air Board meeting, emphasizing wildfire activity in the region, including the Gafford Fire and Garnett Fire, and offered guidance for residents on creating safe air spaces using affordable air filtration methods. Ms. Lewis also highlighted ongoing challenges with meeting federal and state air quality standards and reported on funding requests for the 2025-26 cycle, including $2 million for agricultural truck replacement, $3 million for community air protection, and $100 million for the "Clean Cars for All" program. She concluded noting that the state budget for 2025-26 had not yet allocated funding for these programs, but expressed hope for future support.

DISTRICT 1: Vacant
28 MICHAELS. AMABILE - MAYOR: Provided updates on several community events and city initiatives. He highlighted the 40th Annual Salute to Seniors on September 26, which will feature informational booths and services for seniors and residents of all ages. He also discussed the dedication of the new Veterans Memorial at the Los Banos Cemetery, honoring all military branches, and praised the contributions of staff and volunteers. The Mayor attended the grand opening of the new animal shelter, noting its importance for the community and the potential need for future expansion. He also spoke to a Merced College economics class and encouraged residents to participate in Library Card Month and visit the Milliken Museum. Additionally, he attended the Downtown Association Farmto-Table Dinner, recognizing Robert Silva as Farmer of the Year and noting the event's support for the FFA. Looking ahead, he will attend a LAFCO meeting to review the Municipal Service Review for Las Banos, focusing on long-term city service planning. He concluded by emphasizing community engagement and ongoing civic initiatives.

CLOSED SESSION - PUBLIC EMPLOYMENT; TITLE: CITY MANAGER & CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957(8 ). No reportable action taken.

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. No reportable action taken.

ADJOURNMENT. The meeting was adjourned at 9:50 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 TO:

FROM:

DATE:

LOsBanos
I tit
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Parks and Recreation Direct;;;--;=:I
October 15, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing the Interim City Manager to Execute a Grant Agreement with the San Joaquin River Exchange Contractors-Water Authority for the HG Fawcett Canal Trail Overlay Project and Amending the Fiscal Year 2025- 2026 Budget
Recommendation:

That the City Council adopt the attached Resolution:

1. Authorizing the Interim City Manager to execute a Grant Agreement with the San Joaquin River Exchange Contractors Water Authority (SJRECWA) for $100,000.00 in Community Infrastructure Program funds; and

2. Amending the Fiscal Year 2025-2026 Budget to increase revenue appropriations in Account 100-000-339-010 by $100,000.00 and expenditure appropriations in Account 100-452-100-718 by $100,000.00.

Background:

The San Joaquin River Exchange Contractors Water Authority (SJRECWA) established the Community Infrastructure Program to support public improvement projects that directly benefit communities within the Exchange Contractors' service area.

On October 7, 2025, the City of Los Banos was notified that its HG Fawcett Canal Trail Overlay Project was selected for funding in the amount of $100,000.00. The funding is provided on a reimbursement basis, requires no local match, and includes quarterly progress reporting.

This is the second consecutive year the City has been awarded Community Infrastructure Program funding. In 2024, the City received $125,000 toward the Canal Trail Solar Lighting Project, which is currently out to bid and will install 81 solar light poles along the same trail corridor to enhance safety and nighttime accessibility. 31 ITEM 7D
Discussion:

The HG Fawcett Canal Trail extends from Pioneer Road to I Street along the Central California Irrigation District (CCID) canal. It is one of Los Banos' most used pedestrian and bicycle routes and was originally developed through a lease with CCID in 1996, and since extended through 2029.

The current grant will fund the resurfacing and overlay of the existing pathway, addressing several key maintenance and safety needs:
• Improved Surface Quality: Eliminates cracking, ruts, and uneven areas, providing a smoother and safer walking surface.
• Enhanced ADA Accessibility: Corrects low-lying segments where water puddles, ensuring the pathway meets accessibility standards identified in the City's pending ADA Transition Plan and related findings from Sally Swanson Architects (September 2024).
• Extended Trail Life: The overlay will protect the existing asphalt and extend the service life of one of the City's most popular recreation assets. • Community Enhancement: Complements the pending solar-lighting installation and tree-planting and irrigation infill efforts to improve shade, comfort, and overall user experience.

The project will be administered by the Parks & Recreation Department with construction coordination through Public Works. Construction is anticipated to occur in 2026 following completion of the lighting installation and receipt of final grant agreement authorization from SJRECWA.

Account 100-452-100-718 currently has $45,000 appropriated in Fiscal Year 2025-2026 and will be increased by $100,000.00 for the grant award, bringing total available funding in the line item to $145,000. Revenue account 100-000-339-010 will also be increased by $100,000.00 to reflect the grant award.

Fiscal Impact:

The City will receive $100,000 in reimbursable grant funding from the San Joaquin River Exchange Contractors Water Authority with no local match required. The following budget adjustments are recommended:
• Increase revenue line item 100-000-339-010 by $100,000.00 • Increase expenditure line item 100-452-100-718 by $100,000.00 Reviewed by:

Attachments:

Grant award letter and agreement
32 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE

A GRANT AGREEMENT WITH THE SAN

JOAQUIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY FOR

THE HG FAWCETT CANAL TRAIL OVERLAY

PROJECT AND AMENDING THE FISCAL
YEAR 2025-2026 BUDGET
WHEREAS, the City of Los Banos ("City") has identified the HG Fawcett Canal Trail Overlay Project as an important community improvement to enhance trail safety, accessibility, and long-term maintenance; and
WHEREAS, the project will resurface the existing pathway between Pioneer Road and I Street to provide a smoother, safer walking surface and eliminate areas of ponding to improve ADA accessibility; and
WHEREAS, on October 7, 2025, the San Joaquin River Exchange Contractors Water Authority ("SJRECWA") awarded the City a $100,000.00 grant through its Community Infrastructure Program to support the project; and WHEREAS, the grant requires no local match and will be reimbursed on a quarterly basis; and
WHEREAS, the Fiscal Year 2025-2026 Budget shall be amended to increase expenditure account 100-452-100-718 by $100,000.00 and revenue account 100-000- 339-010 by $100,000.00 to reflect the grant award;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that the Interim City Manager is hereby authorized to execute all documents necessary to enter into a Grant Agreement with the San Joaquin River Exchange Contractors Water Authority for the HG Fawcett Canal Trail Overlay Project and to take all actions necessary to implement the grant. And that the Fiscal Year 2025-2026 Budget is hereby amended as follows:
• Increase Revenue Account 100-000-339-010 by $100,000.00 • Increase Expenditure Account 100-452-100-718 by $100,000.00 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and adopted by the following vote:
33 AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
34 AUTtl

CHRIS CARDELLA
Clair

MIKE STEARNS
Vice-Chair

CHRIS WHITE
Executive Director

MINASIAN LAW
Legal Counsel

CENTRAL CALIFORNIA

IRRIGATION DISTRIO
Eric Fontana
President
Jarrett Martin
General Manager

SAN LUIS CANAL

COMPANY
Cannon Michael
President
John Wiersma
General Manager

FIREBAUGH CANAL

WATER DISTRIO
Mike Stearns
President
Jeff Bryant
General Manager

COLUMBIA CANAL

COMPANY
Chris Cardella
President
Mike Gardner
General Manager
P.O. Box 2115
541 H Street
Los Banos, CA 93635
(209) 827-8616
Fax (209) 827-9703
e-mail: [email protected]
Website: www.sjrecwa.net
Consisting of 240,000 acres on the Westside of the San Joaquin Valley Via Email: [email protected]
City of Los Banos
Mr. Joe Heim
Parks & Recreation Director
645 7•h Street
Los Banos, CA 93635
Dear Joe:

October 7. 2025
On behalf of the San Joaquin River Exchange Contractors Water Authority ("Exchange Contractors''), I am pleased to inform you that City of Los Banos' ("Project Sponsor") Resurfacing existing pathway along the HG Fawcett Canalside Trail Project has been selected for funding through our Community Infrastructure Program. We are excited to support your initiative, which will make a meaningful difference in providing safe and reliable improvements to the trail for recreation, e:ilercise, and alternative transportation purposes.

The Community Infrastructure Program was created to benefit communities within our service area by providing financial assistance for projects that support and empower local communities that are consistent with the Exchange Contractors Community Infrastructure Program Policy.

To ensure the integrity of the program funding and policies, the issuance of funds is subject to the terms and conditions set forth in Appendix A hereto, incorporated by this reference. Please review these terms, and sign and return this letter to evidence your agency's acceptance of these terms.

If you have any questions about the next steps or need any further assistance, please feel free to reach out. We are here to support you every step of the way.

Congratulations once again and thank you for your commitment to improving our community!
~#'1~
Executive Director
San Joaquin River Exchange Contractors
Water Authority
35 City of Los Banos
October 7. 2025
Page2
Acceptance of Agreement Setting Forth Terms and Conditions of Community Infrastructure Program Funds, as set forth in Appendix A hereto:

By: _________ _
Its: ___________ _
36 APPENDIX A
AGREEMENT SETnNG FORTH TERMS AND CONDITIONS OF COMMUNITY

INFRASTRUCTURE PROGRAM A WARD

1. Turin: This Agreement shall commence and be effective, as between the San Joaquin River Exchange Contractors Water Authority ( .. Exchange Contractors") and City of Los Banos ("Project Sponsor'') upon the date of its acceptance by the Project Sponsor. and shall remain in effect until terminated or completed, as set forth herein.

2. Project.
a. The Project eligible for Community Infrastructure Program funds shall be as described in Attachment I hereto ('•Project").

3. Fund Award, Matching Funds, Eligibility.
a. Exchange Contractors will disburse up to One Hundred Thousand Dollars ($100,000.00) of Community Infrastructure Program funds in accordance with the terms and conditions set forth herein. To be eligible to receive Community Infrastructure Program funds, the Project Sponsor will implement the Project in accord with the Application submitted to the Exchange Contractors. Eligible Costs are those directly incurred toward substantial completion of the Project. b. There are no matching funds required of the Project Sponsor. c. The Project Sponsor may seek reimbursement of Eligible Costs incurred after the effective date of this Agreement.
d. If Project costs exceed the amount of the award set forth herein, such additional costs shall be borne solely by the Project Sponsor.

4. Obligations of Exchange Contractors Water Authority and Project Sponsor. a Commencing with the effective date of this Agreement, and continuing until termination, Project Sponsor shall bear and undertake all administrative, management, performance, and execution responsibilities associated with the Project.
b. Commencing with the effective date of this Agreement, and continuing until termination, Exchange Contractors Water Authority shall undertake the responsibilities relating to the Community Infrastructure Program set forth herein. Exchange Contractors Water Authority shall not be responsible for any undertaking associated with the Project.

5. Reporting Requirements.
a. Quarterly Progress Reports: The Project Sponsor shall provide a quarterly progress report concerning the Project on January I, April I. JuJy I, and October I, reporting project milestones and progress.
b. Project Completion Reports: Upon completion of the Project. Project Sponsor shall provide a Project Completion report to the Ex.change Contractors notifying of substantial completion of the Project, as evidenced by either the filing of a Notice of Completion of construction, or the substantial completion of the project and cessation of work for 60 days.

6. Reimbursement Method of Payment.
37 a. Community Infrastructure Program fund disbursement will occur via reimbursement as follows: ( 1) Project Sponsor shal1 submit Project Invoices for Eligible Costs to Exchange Contractors by not later than 60 days from the date Project Sponsor received the invoice; (2) Exchange Contractors shall review the invoice, and request any further additional supporting information deemed necessary; (3) upon confirmation of invoicing for Eligible Costs, Exchange Contractors shall disburse reimbursement of Project costs, up to the total fund award.

7. Inspection of Records.
a. Project Sponsor agrees to make available for Exchange Contractors inspection and copy accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Community Infrastructure Program Policy and this Agreement.

8. Indemnification.
a. Project Sponsor shall defend, indemnify, and hold harmless the Exchange Contractors and its respective members (Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) from and against any and all liability, actions. claims, costs, and expenses, including attorney fees, arising out of or relating to the Project, except to the extent caused by the sole negligence or willful misconduct of the Exchange Contractors.

9. Miscellaneous.
a. Modification. This agreement may only be modified, amended, or superseded by mutual written agreement of the Parties.
b. Dispute Resolution. The Parties to this Agreement shall promptly meet to address any dispute that may arise and make a good faith effort to negotiate a resolution prior to initiating litigation.
c. Entire Agreement. These Terms and Conditions, together with the attachments hereto, constitute the complete and exclusive Agreement between the Parties and supersedes all previous communications, agreements, or understandings relating to the subject matter of this Agreement.
d. Termination. The Project Sponsor may terminate its participation in this Agreement by providing written notice to the Exchange Contractors.

I 0. Authorized Signature.
a. Each Party represents the individual accepting these Terms and Conditions on its behalf is duly authorized to execute this Agreement and will legally bind that Party to the terms of this Agreement.
38 ORGANIZATION NAME
City of Los Banos
A TIACHMENT 1
REQUESTING ORGANIZATION POINT Of CONTACT (NAME, AFFILIATION, EMAIL, CONTACT

NUMBER)
Joe Heim, Parks and Recreation Director
Email: [email protected]
Phone: 209-827-2495

REQUESTING ORGANIZATION MAILING ADDRESS
645 71h Street, Los Banos, Ca 93635

DESCRIBE THE PROJECT
The City of Los Banos proposes to overlay the H.G. Fawcett Canalslde Trail between Pioneer Road and I Street. This project will resurface the existing pathway to provide a smoother and more durable walking surface, improve ADA accessibility, and eliminate low·lying areas where water currently puddles. The overlay will extend the life of the trail and ensure it continues to serve as a safe and reliable recreational corridor for walkers, joggers, bicyclists, seniors, and families.

In addition to the resurfacing, the City is requesting funding support to plant 100 new shade trees with associated Irrigation. These trees will be installed at strategic locations along the trail, separate from future solar lighting improvements, to replace trees that have died and to expand the tree canopy along the corridor. Irrigation will be extended to ensure long-term survival of the new plantings.

The project will provide numerous benefits to the community. The new surfacing will improve ADA access and create a smooth, even pathway that reduces tripping hazards and makes the trafl more usable for people of all ages and abilities. Eliminating puddles will reduce standing water and improve year-round reliabllity.

The planting of 100 new trees will replace canopy lost to drought and disease, support stormwater absorption, and improve air quality. The irrigation system will ensure sustainable establishment of the new trees. The trail is one of Los Banos' most popular recreational amenities, and by improving comfort and accessibility, the project will encourage increased walking, biking, and outdoor activity, supporting community health goals.

Additional tree canopy will create shaded areas along the pathway, enhancing comfort during summer months, reducing the heat-island effect, and encouraging greater trail usage. These improvements build upon ongoing City investments in the trail corridor, including solar lighting, and align with priorities in the Parks Master Plan to enhance trafl safety, accessibility, and shade.

ESTIMATED PROJECT COSTS
$165,000
39 AMOUNT REQUESTED FROM THE EXCHANGE CONTRACTORS COMMUNITY INFRASTRUCTURE FUND $125,000

IS THE PROJECT SCHEDULED TO BEGIN WITHIN THE NEXT TWELVE MONTHS ANO IS THERE AN

ANTICIPATED START DATE
Yes

ARE THERE ANY KNOWN OR ANTICIPATED COMMUNITY CONCERNS ASSOOATED WITH THIS PROJECT OR PROGRAM {E.G., CONFLICT WITH lAND USE, NEIGHBORHOOD CONCERNS, ETC.) THAT

COULD PREVENT IT FROM M OVING FORWARD
No known conflicts on-site. The pathway has previously been paved and trees have been sporadically replaced.

LIST ANY STAKEHOLDERS
Tree Commission, Parks & Recreation Commission.

IMPACT ON LOCAL COMMUNITY AND OTHER COMMENTS/ MISCELLANEOUS INFORMATION The H.G. Fawcett canalslde Trail is one of the most heavily used recreational amenities in Los Banos, serving as a safe and convenient corridor for walkers, Joggers, bicyclists, families, and seniors.

However, aging surfacing and areas of standing water limit accessibility and create hazards, particularly for indivlduals with mobility challenges. By overlaying the trail, the City will ensure that residents of all ages and abilities have year-round access to a smooth, ADA-compliant pathway that supports daily recreation, exercise, and alternative transportation.

The addition of 100 new shade trees with irrigation will also have a lasting impact on the community.

Replacing trees lost to drought and disease will restore canopy coverage, providing much-needed shade in a city that experiences hot summers. This not only improves comfort and encourages more residents to use the trail but also contributes to better air quality, stormwater absorption, and longterm environmental resilience. Together, the trail resurfacing and tree planting wlll increase the trail's popularity, promote healthier lifestyles, and strengthen Los Banos' commitment to creating accessible, sustainable, and welcoming public spaces.
40 TO:

FROM:

DATE:

LOsBanos
I , lh , ' ''
Agenda Staff Report
Mayor and City Council Members
Michael Neal, Police Sergeant ~
October 15, 2025
SUBJECT: Police Department awarded $50,000.00 California Office of Traffic Safety STEP Grant
TYPE OF REPORT: Consent Agenda
Recommendation:

Approve the acceptance of the California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) grant, grant number PT26212, in the amount of $50,000.00 for Fiscal Year 2025-2026 and approve an increase in City expenditures and revenues in the amount of $50,000.00 for the 2025-2026 Fiscal Year.

Discussion:

The Police Department has applied for and been awarded a 12-month California Office of Traffic Safety (OTS} assistance grant in the amount of $50,000.00. This funding will be devoted to specific goals and objectives related to traffic enforcement and the training of staff. Some of the goals and objectives related to this grant are:
-To reduce the number of persons injured and killed in alcohol and non-alcohol related traffic collisions.
-To reduce the number of hit and run injury and non-injury related collisions. -To reduce the number of hit and run non-injury, injury and fatal collisions. -To reduce the number of bicycle and pedestrian related collisions. -To conduct a variety of traffic enforcement operations to increase public safety.

To accomplish the above goals and objectives, the Department will use this grant to 41 ITEM 7E
focus on the following: Advanced officer training related to DUI enforcement, the use of press releases and media advisories to increase public awareness, DUI checkpoints, DUI saturation patrols, DUI offender warrant service operations, red light enforcement, and speed enforcement.

The budget for this grant, including account numbers are as follows:

Revenues:

State Grant:

Expenditures:

Overtime:

Benefits
Travel/Training:

DU I Checkpoint Supplies
Fiscal Impact:
246-000-334-010
246-421-170-103
246-421-170-120
246-421-170-257
246-421-170-267
$50,000.00
$43,250.00
$3,310.00
$2,720.00
$720.00
Revenues and Expenditures for the 2025-2026 Fiscal Year will increase in the amount of $50,000.00. A portion of this grant will extend into the 2026-2027 Fiscal Year as the grant cycle will end on September 30, 2026.

Reviewed by:

Attachments:

Resolution
Office of Traffic Safety Grant Agreement
42 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF A $50,000.00 GRANT
(PT26212) FROM THE CALIFORNIA OFFICE OF

TRAFFIC SAFETY (OTS) AND AMENDING THE
2025-2026 FISCAL YEAR BUDGET BY

INCREASING THE APPROPRIATION AMOUNT

OF THE STATE GRANT FUND ACCOUNT FOR

EXPENDITURES AND REVENUES IN THE
AMOUNT OF $50,000.00
WHEREAS, careless and intoxicated drivers are among the most serious hazards on our public roadways; and
WHEREAS, through public awareness, department training, enforcement action and high visibility law enforcement efforts, the Los Banos Police Department can reduce the number of traffic related incidents which cause death or serious injuries; and WHEREAS, the Los Banos Police Department has applied for and been awarded an $50,000.00 grant through the California Office of Traffic Safety (OTS) to enforce traffic related crimes and provide advanced law enforcement training.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Office of Traffic Safety grant (PT26212) in the amount of $50,000.00, beginning October 1, 2025 and ending September 30, 2026, to assist in the enforcement of alcohol related crimes and increase the appropriation limit for revenues in the amount of $50,000.00; and expenditures in the amount of $50,000.00 within the State Grant Fund. The budget for this grant, including account numbers is as follows:

Revenues:

State Grant:

Expenditures:

Overtime:

Benefits
Travel/Training:

DU I Checkpoint Supplies
246-000-334-010
246-421-170-103
246-421-170-120
246-421-170-257
246-421-170-267
$50,000.00
$43,250.00
$3,310.00
$2,700.00
$720.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October, 2025 by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
43 AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
44 State of California - Office of Traffic Safety

GRANT AGREEMENT

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY
Los Banos

4. AGENCY UNIT TO ADMINISTER GRANT
Los Banos Police Department

5. GRANT DESCRIPTION

3. Grant Period
From: 10/01/2025
To: 09/30/2026

GRANT NUMBER
PT26212
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00 Allocation is contingent upon availability of federal funds.

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A - Problem Statement, Goals and Objectives and Method of Procedure • Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A - Certifications and Assurances
• Exhibit B* - OTS Grant Program Manual
• Exhibit C - Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR 8. AUTHORIZING OFFICIAL
NAME: Michael Neal ADDRESS: Ray Reyna
TITLE: Police Detective Police Chief
EMAIL: [email protected] [email protected] PHONE: (209) 827-2520 (209) 829-3516
ADDRESS: 520 J Street 520 J Street
Los Banos, CA 93635 Los Banos, CA 93635
.. ~l29,211l5ll:».22,0l) Sep29,2025
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Minerva Moreno ADDRESS: Stephanie Dougherty
Finance Director Director
[email protected] [email protected] 209-827-2520 (916) 509-3030
1111 G Street 2208 Kausen Drive, Suite 300
Los Banos, CA 93635 Elk Grove, CA 95758
4-l.!(~lt,l02516cll.'05F'OI} Sep 29, 2025
(Signature) (Date) (Signature) (Date)
9/29/2025 9:02:43 AM Page 1 of 18
45 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES

FUND CFDA ITEM/APPROPRIATION
405e DDL-26 20.616 0521-0890-101
402PT-26 20.600 0521-0890-101
164AL-26 20.608 0521-0890-101
SAM#: HCKYHK?SRA 11

REGISTERED
ADDRESS: 520 J St
CITY: Los Banos
ZIP+4: 93635-4240
F.Y. CHAPTER
2025 04/25
2025 04/25
2025 04/25

AGREEMENT
TOTAL

STATUTE
BA/25
BA/25
BA/25

PROJECTED

EXPENDITURES
$2,800.00
$17,200.00
$30,000.00
$50,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
$50,000.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and purpose of the expenditure stated above. AGREEMENT
$ 0.00

OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $50,000.00
9/29/2025 9:02:43 AM Page 2 of 18
46 State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule A

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

GRANT NUMBER
PT26212
Los Banos is a small, thriving city located in Merced County, California, situated in the heart of the state's Central Valley. Covering an area of approximately 10 square miles, it is known for its agricultural roots and strategic location along the major highway, Interstate 5, making it a key point of travel and commerce between the northern and southern parts of California. As of the most recent census, Los Banos has a population of around 45,000 residents, with a steadily growing and diverse community. The city's demographic makeup includes a blend of ethnic groups, with a significant proportion of Hispanic or Latino residents, followed by a mix of White, African American, and Asian populations. Our city placement within California puts us at the crossroads of two significant traffic arteries: Highway 152 and Highway 165.

Additionally, our position upon Highway 152 places our city as one of the key crossings between the two traffic lifelines of California; Highway 99 and Interstate 5. These key roadways add thousands of additional motorists to the City's own population on a daily basis. Apart from the motorists traveling through the City, our Police Department serves a local population of approximately 45,000 people and has several new housing developments underway.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

As evidenced below, Los Banos continues to have concerns and problems with crashes that have injuries and fatalities. In 2023, Los Banos had 1 fatality. In 2024, we had zero fatalities. 2024 saw a sustained decrease in the number of fatalities (1 ), compared to 2023.

Los Banos saw equivalent numbers in the total number of crashes between 2023 and 2024, but lower numbers than year 2022, likely due to the impact of additional NHTSA OTS grant funded operations. The total number of people injured in crashes in Los Banos in 2024 was 204; that is a slight increase from 2023 when we had 202. During 2024, Los Banos PD issued 1,442 tickets for traffic moving violations and 1,150 traffic administrative citations. Los Banos PD had 115 DUI arrests in 2024. This is a decrease from 169 in 2023. Total incidents for crashes decreased from 473 in 2023 to 467 in 2024.

Los Banos PD is continuing to have issues with traffic violations, unsafe driving resulting in injuries and fatalities, and driving while under the influence of alcohol. Los Banos PD will use OTS grant funding to drastically reduce all of these traffic related issues. Los Banos PD will use OTS funding to impact the City of Los Banos, our jurisdiction for law enforcement activities. However, the population impacted by the use of grant funded enforcement activities far exceeds that of just the citizens within the City of Los Banos.

Define the target population the grant intends to serve and how they are affected by the problem(s).

This grant will serve the local population of Los Banos, consisting of approximately 45,000 people, as well as the commuter population that passes through our town utilizing the major state highways. The grant monies will serve to fund additional enforcement operations, to include: impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. The primary objective of all these efforts is to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes. 9/29/2025 9:02:43 AM Page 3 of 18
47 8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The 1 kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.

2. Participate and report data (as required) in the following campaigns; Quarter 1: 12 National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.

3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.

4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 1 Testing (SFST) (minimum 16 hours) POST-certified training.

5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 1 Driving Enforcement (ARIDE) 16 hour POST-certified training.

6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training 1 (classroom and field traininQ must be completed ).

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 4 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARI DE-trained.

9. Conduct DUI Saturation Patrol operation(s). 7

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 8 crash factor violations.

11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 2 drivers using hand held cell phones and textinQ.

12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 2 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.

13. Conduct Traffic Safety educational presentation(s) with an effort to reach 2 community members. Note: Presentation(s) may include topics such as distracted 9/29/2025 9:02:43 AM Page 4 of 18
48 driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

14. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training.

3. METHOD OF PROCEDURE
A. Phase 1 - Program Preparation (1 st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2-Program Operations (Throughout Grant Year)
Media Requirements
The following requirements are for all grant-related activities:
•
•
•
•
•
•
•
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSNvideo scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.

The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.

Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.

If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.

News releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.}.

Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the 9/29/2025 9:02:43 AM Page 5 of 18
49 OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. • Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. • Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 - Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives . • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives .

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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50 State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule B

FUND NUMBER CATALOG

NUMBER (CFDA)
405e DDL-26 20.616
402PT-26 20.600
164AL-26 20.608

COST CATEGORY
A. PERSONNEL COSTS
Straight Time
Overtime
DUI/DL Checkpoints
DUI Saturation Patrols
Traffic Enforcement
Pedestrian and Bicycle Enforcement
Distracted Driving Enforcement
Category Sub-Total
B. TRAVEL EXPENSES
In State Travel
Category Sub-Total
C. CONTRACTUAL SERVICES
Category Sub-Total
D. EQUIPMENT
Category Sub-Total
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
Category Sub-Total
F. INDIRECT COSTS
Category Sub-Total

GRANT TOTAL
9/29/2025 9:02:43 AM

FUND DESCRIPTION
Distracted Driving Laws
State and Community Highway
Safety
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated

FUND UNIT COST OR UNITS

NUMBER RATE
164AL-26 $4,800.00 4
164AL-26 $1 ,440.00 7
402PT-26 $1,440.00 8
402PT-26 $1,440.00 2
405e DDL- $1,400.00 2
26 402PT-26 $2,800.00 1
164AL-26 $720.00 1

GRANT NUMBER
PT26212

TOTAL AMOUNT
$2,800.00
$17,200.00
$30,000.00

TOT AL COST TO
GRANT
$0.00
$19,200.00
$10,080.00
$11,520.00
$2,880.00
$2,800.00
$46,480.00
$2,800.00
$0.00
$2,800.00
$0.00
$0.00
$0.00
$0.00
- $720.00
$720.00
- -
$0.00
$0.00
$50,000.00

Page 7 of 18 ends

51 State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

PERSONNEL COSTS

BUDGET NARRATIVE

GRANT NUMBER
PT26212
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate der>artment personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when reqistration fees are paid with OTS qrant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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52 State of California - Office of Traffic Safety

GRANT AGREEMENT
Exhibit A
Appendix A to Part 1300-Certifications and Assurances for Highway Safety Grants

GRANT NUMBER
PT26212
(23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and Jaws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter4-Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300-Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201-Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601 ), {prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686} (prohibit discrimination on the basis of sex};
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.}, as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.}, (prohibits discrimination on the basis of age};
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and Ill of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
9/29/2025 9:02:43 AM Page 9 of 18
53 The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 2 I .23(b) and ( e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. "

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) w in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 9/29/2025 9:02:43 AM Page 10 of 18
54 form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103}
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 9/29/2025 9:02:43 AM Page 11 of 18
55 rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACTI
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. 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 any 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;

2. 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;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subreclpients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 9/29/2025 9:02:43 AM Page 12 of 18
56 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2. CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.govf).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 9/29/2025 9:02:43 AM Page 13 of 18
57 its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal 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; 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 (1 )(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of ~ CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 9/29/2025 9:02:43 AM Page 14 of 18
58 records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
9/29/2025 9:02:43 AM Page 15 of 18
59 No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States}
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa. gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/29/2025 9:02:43 AM Page 16 of 18
60 State of California - Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

GRANT NUMBER
PT26212

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number:

Agency Name:

Grant Title:

Agreement Total:

Authorizing Official:

Fiscal Official:

Grant Director:

I CURRENT GEMS USER(S)

1. Michael Neal
Title: Police Detective
Phone: (209) 827-2520
PT26212
Los Banos Police Department
Selective Traffic Enforcement Program (STEP)
$50,000.00
Ray Reyna
Minerva Moreno
Michael Neal
Media Contact: No
Email: [email protected]

2. Rosemarie Souto
Title: Accountant II
Phone: (209) 827-2420
Email: [email protected]
9/29/2025 9:02:43 AM
Media Contact: No

Page 17 of 18 ends

61 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes 0 No□ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User 2 Add as a media contact? Yes 0 No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User 3 Add as a media contact? Yes 0 No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User4 Add as a media contact? Yes 0 No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User5 Add as a media contact? Yes D No □
Add/Change 0 Remove Access 0
Name Job Title
Email address Phone number
Form completed by: ,,,,c;(,..h/«d Date: Sep 29, 2025
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.

Micha.INN! ~ i - ~,l02$U:)0:22PDn Michael Neal
Signature Name
Sep 29, 2025 Grant Director
Date Title
9/29/2025 9:02:43 AM Page 18 of 18
62 LOsBanos
TO:

FROM:

DATE:

Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Direc~
October 15, 2025
TYPE OF REPORT: Consent Item
ali or ui
SUBJECT: Acceptance of Parcel Map No. 2024-01, which includes a public use Right-of-Way Easement and a 1 O' Public Utility Easement Dedication along Highway 152, Ward Road and Gilbert Gonzalez Jr. Drive.

Recommendation:

That the City Council of the City of Los Banos adopts the Resolution accepting Parcel Map No, 2024-01, which includes a public use Right-of-Way Easement and a 1 O' Public Utility Easement Dedication along Highway 152, Ward Road and Gilbert Gonzalez Jr.

Drive as shown on the parcel map. The land involved is more specifically, a portion of Assessor Parcel Numbers 083-140-021. The resolution is for acceptance of Parcel Map No. 2024-01 and authorizes the title company to record the Parcel Map with the County of Merced Recorders Office.

Background:

The Tentative Parcel Map No. 2024-01 was approved by the City of Los Banos Planning Commission on June 26, 2024 by Resolution No. 2024-21. In April 2025, the applicant, Amie Chang, as trustee of Amie Chang Family Trust submitted the Ward Industrial Park Parcel Map #2024-01 for review. Said map was reviewed and deemed substantially compliant by the City of Los Banos' Consulting Firm and Surveyor. The map included dedications to the City of Los Banos for a public use Right-of-Way Easement and a 1 O' Public Utility Easement Dedication along Highway 152, Ward Road and Gilbert Gonzalez Jr. Drive as shown on Parcel Map No. 2024-01, which require approval from the City Council of the City of Los Banos. In August 2025, the applicant 63 ITEM 7F
requested Parcel Map No. 2024-01 be presented to City Council for approval and authorization for the applicant's title company to record the Parcel Map with the County of Merced Recorders Office.

Discussion:

Based on the Conditions of the Tentative Parcel Map and review of Parcel Map No. 2024-01 a dedication of a Right-of-Way Easement and a 1 O' Public Utility Easement along Highway 152, Ward Road and Gilbert Gonzalez Jr. Drive are required.

Fiscal Impact:

None.

Reviewed by:
13 . __.w
Gary Brizz~ Acting City Manager
Attachments:

Resolution
Parcel Map
Tentative Parcel Map
Site Map
64 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING PARCEL MAP
NO. 2024-01, WHICH INCLUDES DEDICATIONS
OF THE RIGHT-OF-WAY ALONG HIGHWAY 152
AND WARD ROAD, AND A 10' PUBLIC UTILITY
EASEMENT ALONG HIGHWAY 152 AND WARD
ROAD ALONG HIGHWAY 152 AND WARD ROAD,
AS SHOWN ON SAID MAP.

WHEREAS, Amie Chang, as trustee of Amie Chang Family Trust, requests approval of Parcel Map No, 2024-01, which includes dedications of the right-of-way along Highway 152 and Ward Road, and a 10' Public Utility Easement along Highway 152 and Ward Road, as shown on said map; and
WHEREAS, based on conditions of the Tentative Parcel Map and review of Parcel Map No. 2024-01 dedications of a Public Utility Easement and right of way as shown on said map are required to provide future utility infrastructure and appropriate public access to the parcels being created by said map; and
WHEREAS, the City of Los Banos approves Parcel Map No. 2024-01, more specifically identified as a portion of Assessor Parcel Number 083-140-021, by Amie Chang, as trustee of Amie Chang Family Trust; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approves Parcel Map No. 2024-01, which includes dedications of the right-of-way along Highway 152 and Ward Road, and a 10' Public Utility Easement along Highway 152 and Ward Road.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October, 2025, by Council Member --- who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT: APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
65 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 ~~::_c::=:,.
~~ ~ c;i· ~ ~~
SITE MAP: Parcel Map No. 2024-01
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 VINl:lUcll IV:.J :;uNVt:l ,;u I
O'v'Otl Otl'v'M 9'1717~
dVI/II
73:::>l:lVd 3/\I1VlN31
w "'
s
z ..
69 OWNER'S STATEMENT
INE, THE UNDERSIGNED, 00 HEREBY STATE THAT WE AM THE OWNER OF OR HAVE SOME RIGHT, TIT1.E OR INTEREST OF RECORD IN THE LAND SHOWN ON THIS MAP ANO WE CONSENT TO THE PREPARATION AND RECOROATION OF THIS MAP. WE ALSO SHALL OFFER FOR DEDICATION TO THE PUSLIC, FOR PUBLIC USE, AN EASEMENT FOR 1l~E RIGHT-OF-WAY ALONG STATE HIGHWAY 152, AN EASEMENT ALONG THE RIGHT-OF-WAY OF WARD ROAD, AND A 10.00' PUBUC UTILITY EASEMENT ALONG HIGHWAY 152, A 10,00' PUBLIC UTILITY EASEMENT ALONG WARD ROAD, AND A 10.00' PUBLIC UTILITY EASEMENT AL.ONG GILBERT GONZALEZ JR DRIVE.

OWNER: AMIE CHANG TAUSTEE OF AMIE CHANG FAMILY TRUST 60% INTEREST OlNNEA: ALBERTY.C, CHIEN 26¾ INTEREST
O'WNER: THEODORE CHIA HWA CHANG 14% INTEREST
BENEFICIARY: BENJAMIN YORKE ANO SYLVIA YORKE, HUSflANO AND WIFE, AS COMMUNl1Y PROPERTY, AS TO AN UNDIVIDED 115 INTEREST
BENEFICIARY: SONEY AMES ANO SYLVIA AMES. TRUSTEES OF THE SIDNEY .ftMES ANO SYLVIA AMES LIVING TRUST. U,On'"OATEOAPRIL 26.1990. M,TOANUNOtvlOE01/5

INTEREST
BENEFICIARY: THEODORE STEINBERG, AS TRUSTEE OF THE n-lEOOORE STEINBERG TRUST. AS TO AN UIIOIV1DEO 115 INTEREST
BENEFICIARY: ROBERT KAMM EN AND PEPPER KAMM EN, TRUSTEES OF THE KAMMEN FAMILY 1981 TRUST, U.0.T DATED JULY 25, H189, AS TO AN UNDIVIDED 1/5 INTEREST BENEFICIARY: JOSEPH BRONSTEIN AND ROSE BRONSTEIN, TRUSTEES OF THE JOSEPH BRONSTEIN AND ROSE BRONSTEIN 1990 LIVING TRUST, DATED MARCH 13, 1990, AS TO AN UNDIVIDED 115 INTEREST
AMIE CHANG. TRUSTEE DATE
AlBERTY.C. CHIEN ---- DATE

THEODORE CHIA HWA CHANG DATE

BENJAMIN YORKE DATE

SYLVIA YORKE-- DATE

SIDNEY AMES DATE

SYLVIA AMES DATE

THEODORE STEINBERG DATE
ROBERT KM1MEN DATE

PEPPER KAMMEN DATE
..OSEPH BRONSTEIN DATE
ROSE BRONSTEIN ~
PARCEL MAP NO. 2024-01 BEING A SURVEY OF A PORTION OF SECTIONS 13 & 24 TOWNSHIP 10 SOUTH, RANGE 10 EAST

MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
JULY 2025
Westwood
Phone (659)451·0395 7110 N Freano St. Suite 160
Tolfroo (800) 270-9495 Fresno, CA 93720
westwoodps.com
~ ProfHslonal Services, Inc..
,.... :;-,
I.~ & tf -F,
-.CUT
EAST f'ACHECO BL\10 (HWY 152)
........,., VICINITY MAP
SITE

PLANNING COMMISSION STATEMENT
I, STACY SOUZA ELMS. PLANNING DIRECTOR OF THE CITY OF LOS BANOS PLJIH',IINO C0"4MISSION, DO 1-EREBY STATE THAT THE CITY PLANNING COMMISSION HAS APPROVED THIS PARCEL MAP No. 2024-01 ON THE XXTH DAY OF __ 2025, AND THAT THE

SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY HE SAME AS THAT SHOWN ON THE TENTATIVE MAP.

DATED THIS DAY OF _______ , 2025.

STACY SOUZA ELMS. PLAN°NING DIRECTOR

CITY OF LOS BANOS

CITY CLERK'S STATEMENT
I, LUCn.LE L. MALLONEE, CITY CLERK OF THE CITY OF LOS BANOS, STATE OF CAl.lFORNIA, DO HEREBY STATE THAT AT THE REGU..AR MEETING OF THE CITY COUNCn. OF THE ClrY OF LOS BANOS, STATE OF CAl.lFORNlA, HELD ON THIS DAY OF MARCH, 2025, THE ACCOMPANYING WAS APPROVED, ANO ACCEPTED ON BEHALF OF THE PUBLIC. FOR PUBUC USE. TH: RIGHT-OF-WAY ALONG STATE HIGHWAY 152, THE RIGHT-Of-WAY ALONG WARD OOAO, ANO A 10.00' PUBLIC UTILITY EASEMENT ALONG HIGHWAY \52, WARD ROAD. N40 GILBERT GONZALEZ JR DRIVE, ALL AS S~ ON THIS FINAL MAP.

DATED THIS OAYOF _____ , 2025.

LUClt.LE L. MALLONEE, CITY CLERK

CITY OF LOS BMIOS

SIGNATURE OMMISSIONS
15' EASEMENT ALONG STATE HIGHWAY 152 PER DOC-1991-9291
DATED THIS OAYOF _____ ,2025.

LUCILLE L MALLONEE. CITY CLERK

CITY OF LOS BANOS

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF AMIE CHANG, IN MARCH. 2024. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIAL.LY CONFORMS TO THE CON01T10NALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT All MONUMENTS SHOWN HEREON Will BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THIS SURVEY TO BE RETRACED.

DATEDTH1S DAY OF ______ . 2025.

STEPHEN PYLE, P .LS. 6385

CITY ENGINEER'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP, THAT THE SUBDMSION SHO'NN HEREON IS SUBSTANTIAi.LY THE SAME AS IT APPEARED ON THE TENTATIVE

MAP AND ANY APPROVED ALTERATIONS THEREOF AND THAT IT IS IN COMPLIANCE WITH THE PROVISIONS OF THE SUBOIVISION MAP ACT, DIVISION 2 (COMMENCING WITH SECTION 66410) OF TITI..E 7 OF THE GOVERNMENT CODE AND ANY APPLICABLE LOCAL

ORDINANCES OF THE CITY OF LOS BANOS ANO MERCED COUNTY, APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED YJITH.

DATED THIS DAY OF ,2025,

INTERIM CITY ENGINEER

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT AT THE REQUEST OF THE CITY ENGINEER FOR THE CITY OF LOS

BANOS, I HAYE EXAMINED THIS PARCEL MAP AND THAT I AM SATISFIED THAT THIS MAP

IS TECHNICALL V CORRECT ANO COMPLIES WITH APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT.

DATED TH1S OAYOF ______ , 2025.

JOCELYN LIMAS. PLS 9596

ACTING CITY SURVEYOR

RECORDER'S STATEMENT
:;~~~:L MAPS. fi'i:!E=(s-, --. ,~r~rH~E-a~E~ciJE- ~;-Of :~N PYLE:M. IN BOOK FEE: $ ____ _
NO.

MATT H. MAY, BY:

COUNTY RECORDER OF ASSISTANT I DEPUTY RECORDER

MERCED COUNTY, CALIFORNIA
BOOK PAGE SHEET 1 OF 6
70 NOTARY STATEMENT STATE OF
COUNTY OF ____ _ ·~§fi~;ff~k~~~f;~f$ij~:EI ON __ _
{DATE)
BEFORE ME, ______ A NOTARY PUBLIC,

PERSONALLY APPEARED
---I-NAME OF SIGNER!S)}
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE NAME($) IS/ARE Sl.ESCAIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISHErTHEY EXECUTED THE SAME IN HISMER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE{$} ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF 'WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

W'ITNESS MY HAND.
, NOTARY PUBLIC
PRINT NAME: _____________ _
COMMISSION NUMBER:

COMMISSION EXPIRES: __
PRINCIPAL OFFICE LOCATION (COUNTY): _____ _

NOTARY STATEMENT STATE OF
COUNTY OF ____ _ ~~1~fils~l~~~~~EfiEi~EI ON BEFORE ME, A NOTARY PUBLIC. (DATE)
PERSONALLY APPEARED ---1=N-AM- e- o=, ~s=1GNER(S))

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME($) ISIARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON{S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
. NOTARY PUBLIC
PRINT NAME;
COMMISSION NUMBER: __________ _
COMMISSION EXPIRES: __________ _
PRINCIPAL OFFICE LOCATION (COUNTY);

NOTARY STATEMENT STATE OF
A~i?i;~:H;~1~~~~=~JF.ei~EEI
COUNTY OF ____ _ llll)IHft.N.JIE!IS.Al'.CUIU.rtf,ORVA!lOITYOFTH.tTOOCUl,lfNT.

ON ~ _ ___ BEFORE ME, A NOTARY PUBLIC,
(DATE}
PERSONALLY APPEARED __ ~ IN~A~M~E O~ F~ S~IG~N~E~R(~S)~) ______ _

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HEFVTHEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WI-HCH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HANO.
_______________ ,NOTARY PUBLIC
PRINT NAME: ____________ _
COMMISSION NUMBER:

COMMISSION EXPIRES: __________ _
PRINCIPAL OFFICE LOCATION (COUNTY): _____ _
NOTARY STATEMENT STATE OF A~ia~ffi£f~~!£Q~~~i~~=t~~EI COUNTY OF ____ _

ON BEFORE ME, A NOTARY PUBLIC,
I~
PERSONALLYAPPEARED --~~ {NAME OF SIGNER(S)}
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES). AND THAT BY HISJHER/THEIR SIGNATURE(S} ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
.. NOTARY PUBLIC
PRINT NAME:

COMMISSION NUMBER: __________ _
COMMISSION EXPIRES: __________ _
PRINCIPAL OFFICE LOCATION (COUNTY):

PARCEL MAP NO. 2024-01

BEING A SURVEY OF A PORTION OF SECTIONS
13 & 24 TOWNSHIP 10 SOUTH, RANGE 10 EAST

MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
JULY 2025
Westwood
Phone (559) 451--0395 7110 N Fresno St, Suite 180
TolFroo (800) 270-9496 Fresno, CA 93720
westwoodps.com
Westwood Professlonal Services, Inc.

NOTARY STATEMENT STATE OF
COUNTY OF ____ _ AJ~~~ifilEl~:~~~~~~~~Ei~~f~1
ON (DATE-) ___ BEFORE ME, ________ A NOTARY PUBLIC.

PERSONALLY APPEARED ---l~N"'AM~E~o--, ~s~IG"'N"' ER~IS~))~------

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(SJ WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOV/1..EDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL.TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS muE ANO CORRECT.

WITNESS MY HANO.
, NOT ARV PUBLIC
PRINT NAME:

COMMISSION NUMBER:

COMMISSION EXPIRES:

PRINCIPAL OFFICE LOCATION (COUNTY); _____ _

NOTARY STATEMENT STATE OF
COUNTY OF ____ _
ON 1·~0A=r=e1~---BEFORE ME, _____ _
PERSONALLY APPEARED __ ~ ~~~~~-------

INAME OF SIGNER(S))

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME 1N HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUUENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT

THE FOREGOING PARAGRAPH IS TRUE AND CORRECT,
WITNESS MY HAND.
, NOTARY PUBLIC
PAINT NAME:

COMMISSION NUMBER:

COMMISSION EXPIRES: __________ _
PRINCIPAL OFFICE LOCATION (COUNTY):

SHEET 2 OF 6
71 NOTARY STATEMENT STATE OF
COUNTY OF ____ _
A NOTARY f"JILIC Oil DTHEAOFFICHICOMPl.~(;TlfSCEATlflCAll VERlflfS ONLVTl<E IOfNllf'l(IF TIIEl<IOMD,...,._ WfiOSl(lNCOTl<E OOClldEMTTOWt«NTHl';CEAllHCAU),;AlTIICIEONIONOTTHE TRIJIHfl)(N[~~-A~.C:UIIAr.V,ORVl'J. IOITVC,~ TflAT O{Jl'JJUENT, ON( ~D,.AT~E') ___ BEFORE ME, ______ _ A NOTARY PUBLIC, PERSONAL.LY APPEARED --~(N~AM~ E~ O~F~S~IG~N~ER~IS~))-------

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HISn-lERffHEIR AUTHORIZEDCAPACITY(IES), AND TI--lAT BY HIS/HEAfTHEIR SlGNATURE{S) ON THE INSTRUMENT THE PERSON{S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL lY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
______________ ,NOTARY PUBLIC
PRINT NAME: ____________ _
COMMISSION NUMBER:

COMMISSION EXPIRES: __________ _
PRINCIPAL OFFICE LOCATION (COUNTY):

NOTARY STATEMENT STATE OF
COUNTY OF ____ _

ON BEFORE ME,
(DATE)

PERSONALLY APPEARED
{NAME OFS IGNER(S))
N()IAIIVf'll6llCOROIHEIIOHICfMCOMPLl;l~Clf!ISCHl1"ICJIIE l'ERlflESOi'I.VWE~IITYOfT~M)MDlW.WflOSIGNEDTI-IE I OOCUl'l'HITO-!CHWl!iefRIIFICAlEl!ilrlTTACHED.NJONOllME lRIJIHfllll'tf.SS. ~ccmu,cY. (~ V~ll(lfl'IOl'THA,T ooe,ur,11.

A NOTARY PUBLIC,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISHEfTHEY EXECUTED THE SAME IN HISIHEMHEIA AUTHORIZEDCAPACITI(IES), AND THAT BY HISIHERfTHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON{$) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
, NOTARY PUBLIC
PRINT NAME:

COMMISSION NUMBER: _____ _
COMMISSION EXPIRES:

PRINCIPAL OFFICE LOCATION (COUNTY):

LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS IN THE COUNTY OF MERCED, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24 AND OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 10 SOUTH. RANGE 10 EAST, M.D.B. &M .. DESCRIBED AS A WHOLE AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 24: THENCE ALONG THE EAST LINE OF SAID SECTION 24, SOUTH 1328.00 FEET; THENCE SOUTH 59•42• WEST 916.50 FEET: THENCE NORTH 1411.78 FEET: THENCE ALONG THE SOUTH LINE OF STATE HIGHWAY, NORTH 88"14" EAST 865,10 FEET; THENCE AL.ONG A CURVE TO THE RIGHT OF RADIUS 470.00 FEET, A DISTANCE OF 51.50 FEET TO POINTON CURVE, TANGENT TO CURVE AT SAID POINT ON CURVE BEARING SOUTH 85"29 1/2' EAST: THENCE ALONG THE EAST LINE OF SECTION 13 OF SAID TOWNSHIP AND RANGE, SOUTH 107.50 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL OF THE ABOVE DESCRIBED TRACT THAT LIES WITHIN THE FOLLOWING DESCRIBED 0.875 OF AN ACRE TRACT DEEDED TO THE STATE OF CALIFORNIA, BY DEED RECORDED JANUARY 26, 1937 IN BOOK 523 OF OFFICIAL RECORDS, PAGE 495; A PORTION OF THOSE CERTAIN 29.94 ACRE AND 20.28 ACRE PARCELS OF LAND IN SECTIONS 13 AND 24, TOWNSHIP 10 SOUTH, RANGE 10 EAST. M.D.B. & M .. DESCRIBED IN DEEDS DATED AUGUST 22, 1927 AND APRIL 2. 1931 AND RECORDED IN VOLUME 194 AND 330 OF OFFICIAL RECORDS.PAGED 137 AND 118, RESPECTIVELY, MERCED COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:

COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID 20.28 ACRE PARCEL WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE EXISTING STATE HIGHWAY. SAID INTERSECTION BEARING SOUTH 12"01' EST 30.75 FEED FROM ENGINEER'S STATION 37+46.9 OF THE DEPARTMENT OF PUBLIC WORKS' SURVEY BETWEEN LOS BANOS AND SAN JOAQUIN RIVER, ROAD X·MER-32-C AND BEING 91.8 FEET NORTH ANO 1395,3 FEET WEST OF A 1 3/4" IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 13: THENCE ALONG SAID WESTLINE, SOUTH 12"01'WEST 10.25 FEET:THENCE NORTH a1n1· EAST 627.84 FEET; THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 2960 FEET. THROUGH AN ANGLE OF 13°19', A DISTANCE OF 687.96 FEET TO THE POINT OF REVERSE CURVE; THENCE FROM A TANGENT THAT BEARS SOUTH 77• 20· EAST ALONG A CURVE TO THE LEFT. WITH A RADIUS OD 3040 FEET, THROUGH AN ANGLE OF 1"40'30", A DISTANCE OF 88.87 FEET TO THE EAST LINE OF SAID SECTION 24:

THENCE ALONG SAID EAST LINE, NORTH 1"08' EAST 1.17 FEET TO SAID SECTION CORNER; THENCE AL.ONG THE EAST LINE OF SAID SECTION 13, NORTH 0"40' EAST 80. 18 FEET: THENCE FROM A TANGENT THAT BEARS NORTH 78"43'30" WEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2960 FEET, THROUGH AN ANGLE OF 1"23'30". A DISTANCE OF 71.90 FEET TO POINT OF REVERSE CURVE; THENCE FROM A TANGENT THAT BEARS NORTH 77"20' WEST, ALONG A CURVE TO THE LEFT. lMTH A RADIUS OF 2040 FEET. THROUGH AN ANGLE OF 0"59'50", A DISTAIIICE OF 52.91 FEET TO SAID RIGHT OF WAY LINE:

THENCE ALONG LAST SAID LINE, SOUTH 89°21' WEST 1274.28 FEET TO THE POINT OF COMMENCEMENT.

ALSO EXCEPTING THEREFROM THE 0.04 OF AN ACRE TRACT DEEDED TO STATE OF CALIFORNIA, BY DEED RECORDED AUGUST 14. 1937 IN BOOK 547 OF OFFICIAL. RECORDS, PAGE 294, DESCRIBED AS FOLLOWS:

A PORTION OF THAT CERTAIN 29.94 ACRE PARCEL OF LAND IN SECTIONS 13 AND 24. TOWNSHIP 10 SOUTH, RANGE 10 EAST, M.D.B. & M., DESCRIBED IN DEED DATED AUGUST 22, 1927 AND RECORDED IN VOL. 194 OF OFFICIAL RECORDS, PAGE 137, MERCED COUNTY RECORDS, MORE PARTIC~RL V DESCRIBED AS FOLLOWS, TO-WIT;
COMMENCING AT A POINT IN THE EAST LINE OF SAID SECTION 13, AT THE NORTHEAST CORNER OF THAT CERTAIN 0.875 ACRE PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA. BY DEED DATED OCTOBER 9, 1936 AND RECORDED IN VOL. 523 OF OFFICIAL RECORDS, PAGE 495, MERCED COUNTY RECORDS. SAID POINT BEING 80.18 FEET NORTHERLY ALONG SAID SECTION LINE FROM A 1 3W IRON PIPE SET TO MARK THE SOUTHEAST CORNER OF SAID SECTION 13:THENCE ALONG SAID SECTION LINE, NORTH 0"40' EAST 24.75 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN 60 FOOT WIDE STRIP OF LAND FOR ROAD PURPOSES, DESCRIBED IN DEED DATED JUNE 11, 1912 AND RECORDED IN VOL 99 OF DEEDS, PAGE 144, MERCED COUNTY RECORDS; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF ROAD, BY A CURVE TO THE LEFT WITH A RADIUS OF 470 FEET, THROUGH AN ANGLE OF 6"08', A DISTANCE OF 50.31 FEET TO END OF SAID CURVE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89"21' WEST n.10 FEET TO A POINT IN THE NORTHERLY LINE OF AFORESAID 0,675 ACRE PARCEL: THENCE EASTERLY ALONG SAID NORTHERLY LINE, BY A CURVE TO THE RIGHT WITH A RADIUS OF 3040 FEET, THROUGH AN ANGLE OF 0"59'50". A DISTANCE OF 52.91 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY LINE, BY A CURVE TO THE LEFT WITH A RADIUS OF 2960 FEET, THROUGH AN ANGLE OF 1 "23':30", A DISTANCE OF 71.90 FEET TO THE POINT OF COMMENCEMENT.

EXCEPTING THEREFROM THE 1.99 ACRES, MORE OF LESS. DESCRIBED AS FOLLOWS:

A PORTION OF SECTIONS 13 AND24, TOWNSHIP 10 SOUTH, RANGE 10 EAST, M.D.B. & M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH BEARS SOUTH 1328.00 FEET. SOUTH 89°42' WEST916.50 FEET AND NORTH 937.20 FEET FROM THE NORTHEAST CORNEA OR SECTION 24, TOWNSHIP 10 SOUTH. RANGE 10 EAST, M.D.B. & M.: THENCE ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY A.G.

FURTADO TO ROBERT ERRICA ET AL. NORTH 465.00 FEET: THENCE ALONG THE SOUTHERL V RIGHT OF WAY LINE OF STATE HIGHWAY 152. NORTH 88"14' EAST 145.Q4 FEET jNORTH 88"14' EAST FOR THIS DESCRIPTION EQUALS NORTH 89"21' EAST IN THAT CERTAIN CONVEYANCE TO THE STATE OF CALIFORNIA RECORDED JANUARY 26, 1937 IN BOOK 523, OF OFFICIAL RECORDS, PAGE 495); THENCE ALONG A CURVE TO THE RIGHT OF RADIUS 2960.00 FEET (SAID CURVE BEING TANGENT TO THE LAST MENTIONED COURSE), A DISTANCE OF 40.25 FEET TO A POINT ON CURVE, TAIIIGENT AT SAID POINT BEARING NORTH 89"00' 9" EAST: THENCE LEAVING HIGHWAY SOUTH 470.44 FEET: THENCE WEST 185.20

FEET TO THE POINT OF BEGINNING

ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, BY GRANT DEED RECORDED MARCH 7, 2002, AS INSTRUMENT NO. 10899, IN VOLUME 4391, PAGE 989. MERCED COUNTY RECORDS.

APN: 083-140-021
ACREAGE: ±27.10 AC
PARCEL MAP NO. 2024-01

BEING A SURVEY OF A PORTION OF SECTIONS
13 & 24 TOWNSHIP 10 SOUTH, RANGE 10 EAST

MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
JULY 2025
Westwood Phone (559) 451-0395 7110 N Fresno St, Suite 160 Toi Free (800) 270-9495 Fresno, CA 93720
westwoodps.com
Westwood Professlonal Services,. Inc.

NOTES

1. SEE SHEET 4 FOR SURVEY LEGEND

2. SEE SHEET 4 FOR REFERENCE UST

3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS

ABBREVIATIONS
BC
BK
ON
HWY
IP
MON
OD
OP
PG

BEGINNING OF CURVE PM

BOOK PRC

DOWN PUE

HIGHWAY R

IRON PIPE ROS

MONUMENT ROW

OUTER DIAMETER RS

OFFICIAL PLAT SEC

PAGE SNF
FD GPS CONTROL POiNT #1020

PARCEL MAP

POINT OF REVERSE CURVE

PUBLIC UTILITY EASEMENT

REFERENCE

RECORD OF SURVEY

RIGHT OF WAY

RECORD OF SURVEY

SECTION

SEARCHED NOT FOUND
"GPS 1020 R.C.E. 15:310" 2" ALUMINUM CAP STAMPED
N: 1844060,354' (1844060.354' R9) "GPS 1021 RC E 15:310" ( E: 6459133.480" (6459133,460' R9) N 1843281 386 (1843281 386 A9) 2" ALUMINUM CAP STAMPED I FD GPS CONTROL POINT #1021
~ Ii~ E 6469926 408 (6469926 408' R9)
- _..!,_ N:1!5'52'19"W10«21.00'(GRJD) ~1VW 10B:?1.00'(GAID)A9) I :-usTBLVD PACTilcl'I -- N7G,-- .f3'12"\¥g ~lt~
1 --
~
"6.23,(GRioj-
'tllCINITY MAP
N
,..,o,,-l
BASIS OF BEARINGS THE BEARING OF N 85"52'19"W FOR THE CALCULATED LINE BETWEEN GPS POINT 1020AND GPS POINT 1021 AS SHOWN ON THAT "RECORD OF SURVEY FOR MERCED COUNTY

ASSOCIATION OF GOVERNMENTS OF GPS SURVEY CONTROL NETWORK IN THE CITY OF LOS BANOS" FILED FOR RECORD ON MAY 24, 1991 IN VOLUME 28 OF SURVEYS, AT PAGES 9-12, MERCED COUNTY RECORDS, WAS USED AS THE BASIS Of ALL BEARINGS SHOWN HEREON.

SHEET 3 OF 6
72 1
/i:~;~~~3
'I
DETAIL Fl CENT<R LINE i'-; I I
r-------------------------------------t--~1 - I SOUTI,Ll<SOFS.AffiSWY\;:£--· DETAILDl I 'I I 4 rCENTERLINE • I I CURYE,.PPROX 0Sf; EASTPACHECOBOULEVARD ~-~'!':'":'=--- @i_,DE!A~~ r&) -1___ ©~ I f soun,0Fc0Meu1Eoscc110NcORNER - (RWY152) ~ ~EXIST,R~(HWY)~-1 I 0-:::.... ,_ --• i :-~ R .. 296036'(R11)~5~ - I I :~~~~~~EDROSBYCALTRANS 1 1
,- ""''"'""') , ,,,,,.,,,.,.,,, 1 lilr ------:.. • ,.,.,,, --,- !r- 1 . . _· . """"'""l -•I '°'~'°"'"'" ~ , , SECTION" I. - --~ (Nllll'31'09"E43172'R~i "- ~ --r- L...JJ I JI A-J0003e•,1 • ---··•----- 1 - - ---- fi • - ~;:~~~~~L_j 1I--R .. 3ii4!13•10--~~3-~•l~5~1•2~~ -- DETAIL A J NORTHL•E I ; DETAIL C ooc.,,,,.,,,, 1 1 t · · • •· la.J ,.,.,,.,,,. ,.,.,_,~ I
N
I
75 150 300
SCALE: 1~ . 150'
,'
1 I L SNF('U4"1PTAGGEO
"LS5'8'"eERR,OJ
SECllON24 : [ : L ~ -- -----~---- . fi I '-------~-----§ ------------------------j- -· DETAILE Ii ffi ~ ~: N~~~ss6g~~~~6~,~~~~ - I~ Q.. m !!!. ESTABUSHEDATRECORDDISTANCE
/031-R3-027 ;;- z ..... SI ALONGWARDROADPER(R3}
LL
? g~. I
I
~ .. - £L 0
UJ ~ ~ FQ:,.14"1PNOTAGDN0.2'
() () ACCEPTED AS 1' 00 IP
FDSl<l"IPNOTAGDN0.2'-,.._. >< 0 , I /TAGGEO"LS4\~
ACC~~E~~2;~; \• W D • PEA(A7)
"" '"'' I I •-:;~::,;-w / (WEST165.21'A7)
SNF(1"001PNOTAGPEAR7) ✓
ESTABLISHED AT RECORD _
OISTANCE832,11' fi:
031-R5-0Z7
N6~00"06"W
(N88'59'5:!"Wa&t.3TR6)
(N89'41' 7'E864.3TR10)
PER(R10) I
~ ~,
i' LOT1

27.lOA.C.
• gCl
~ c5 " ,. C:
~ I~@ !! !:: g <(
~ u;;:
004-RS-028
oaa-PM-001
~ - ; . FD2l•"JPTAGGEOi_$t1947'INWELL
i: ! /PER(Rl)HELOASX!'OFFSETTOSEGTION !f ;- LINE TO ESTABLISH BEARING OF SECTION :- 0 LN'JEPEA(R6)
~ z
~ •- i l :: I
ii ' ;i ,~
if
,i
lw

TECHNOLOGY DRIVE
~ ~, .,, ... ~~ --: '~ ,<' ., .~
,<' D16-RS-042
(i.·,
CENTHILINE..::..,,.,
I I I ~; , Na9·oo06"W 'ii,s.50' {NBe'5rr.il"W9141.50' RS) INM-;;;';7'E. 916.50' R10) :ri , ~~~:;~~l~CENTERL1NE OF GILBERT • -•- - - ,. ~ - 1 . • 1· GONZALEZJROR.IVEPER GILBERT GONZALEZ J~ DRIVE : '\ INLIEUOFY4"1PTAGGED"PLS77!l!l"INWE:LL SNF(314"IPTAGGED"lS5784"PHIR\C)

ESTABLISHED AT RECORD DISTANCE

ALONG GILBERT GONZALEZ JR DRIVE
PER<R6)
t 30'-- ...!J PER{R6)
108-PM-029 CENTERLINE~~!i
I I~~ EAST LINE SECTION 24 ~ \ j "'
PIONEER ROAD ' /f~~~EA~TCOASEC30T10SR11E
SOUTHL~ESECTl~·2◄~ -~-') PER(ci':S~~ITAGGEDLS81!6◄,
PARCEL MAP NO. 2024-01 BEING A SURVEY OF A PORTION OF SECTIONS 13 &24 TOWNSHIP 10 SOUTH, RANGE 10 EAST

MOUNT DIABLO BASE AND MERIDIAN

CITY OF LOS BANOS
MERCED COUNTY. CALIFORNIA
JULY 2025
Westwood Phone (559)451-0395 7110 N Fresno St, Suite 160 Toi Free (800) 270-9495 Fresno, CA 93720
westwoodps.com
Westwood Professional Services, Inc.

SURVEY LEGEND
---- - - -- ADJACENT PARCEL LINE
BOUNDARY l/NE
--- - --- CENTER UNE
---------- EASEMENT UN£
--- - --- PROPERTY LINE

RIGHT OF WAY UNE
SfCTJON UNE
B. GPS STATION
(R) RAD/At
(R#) RECORD DATA PER THAT NUMBERED REFERENCE. SEE RffERENCES. ( •) CALCUtATED FROM RECORD DATA. SEE REFERENCES.
• FOUND MONUMENT PER DESCRIPTION
O SET 3/4' IRON PIPE TAGGED HS 8385

REFERENCE LIST
(R1} GRANT DEED. 15062-0.R.-1-6, M.C.A.
(R2) GRANT DEED. 523-0.R.-495, M.C.A.
(R3) PARCEL MAP FOR RONALD J. BAIOSO, BOOK 88 OF PARCEL MAPS, PAGE 1. (R4) PARCEL MAP FOR COLLEGE PLAZA SHOPPING CENTER, BOOK 89 OF PARCEL MAPS, PAGE 16.
(RS) PARCEL MAP FOR A & A TRANSPORTATION, BOOK 102 OF PARCEL MAPS, PAGE 23. (R6) PARCEL MAP FOR CITY OF LOS BANOS. BOOK 108 OF PARCEL MAPS, PAGE 29, (R7) RECORD OF SURVEY FOR HOLTE. BOOK 17, PAGE 33.
(RS) RECORD OF SURVEY FOR MERCED COUNTY, BOOK 19, PAGE 22 STATE OF CALIFORNIA

BUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 10 STOCKTON
{R9) RECORD OF SURVEY FOR MERCED COUNTY ASSOCIATION OF GOVERNMENTS OF GPS

SURVEY CONTROL NETWORK IN THE CITY OF LOS BANOS
(R10) RECORD OF SURVEY FOR RANCHO LOS BANOS MOBA.E HOME PARK, BOOK 31. PAGE 27.

MONUMENT DESCRIPTIONS
0 FD COTTON SPINDLE PER (R10) ACCEPTED AS r 00 IP TAGGED i.s 2402~ PER (R7) HELD POINT AS (0.31° SOUTH WITNESS CORNEA PER R5)
® FD 3f4- IP TAGGED "LS 4052" ON 1.0·, NO REFERENCE, MON IS 0.54' SOUTH OF LINE.

ACCEPTED AS 1"0D IP TAGGED "LS 2402" PER (RS)
0 FD 3I4"1P "LS4158" DN 1,0' PER (R7) MON JS 0.73' SOUTH OF LINE (1.(/ SOUTHERLY RS) 0 FD 314" 1P NO TAG FLUSH. ACCEPTED AS 1" OD IP TAGGED '1.S 4156" PER (R7) MON IS

0.96' SOUTH OF LINE
/;;\ FD 3" BRASS CAP IN WELL 0.28' SOUTI--l (0.20' SOUTH PER R4) (0.25' SOUTH PEA RS), \:;V (0.32' EAST PER R4) OF BC OF CENTERLINE
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1. SEE SHEET 3 FOR BASIS OF BEARINGS

2. SEE SHEET 3 FOR ABBREVIATIONS
SHEET 4 OF 6
73 NOTES PARCEL MAP NO. 2024-01 1. SEE SHEET 3 FOR BASIS OF BEARINGS BEING A SURVEY OF A PORTION OF SECTIONS 13 & 24 TOWNSHIP 10 SOUTH, RANGE 10 EAST

MOUNT DIABLO BASE AND MERIDIAN

2. SEE SHEET3 FOR ABBREVIATIONS

3. SEE SHEET 4 FOR SURVEY LEGEND

4. SEE SHEET 4 FOR REFERENCE LIST

5. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
JULY 2025
Westwood
Phone (659)451-0396 7110 N Fresno St, Suite 160
Tct Free (800) 270-9495 Fresno, CA 93720
westwoodps.com
Westwood Professional Services, Inc.
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CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
JULY 2025
Westwood ------- Phone (559)451-0395 7110 N Fresno St, Suite 180 Toi Free (800) 270-9496 Fresno, CA 93720
westwoodps.com
westwood Professional Services_ Inc.

NOTES

1. SEE SHEET 3 FOR BAS1S OF BEARJNGS

2. SEE SHEET 3 FOR ABBREVII\TIONS

3. SEE SHEET 4 FOR SURVEY LEGEND

4. SEE SHEET 4 FOR REFERENCE LIST

5. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS
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SHEET 6 OF 6
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 TO:

FROM:

DATE:

LC>sBanos
re a,l oJ aliforni
Agenda Staff Report
Mayor & City Council Members .

Joe Heim, Acting Public Works Director ~
October 15, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Award of Construction Contract for the Pavement of F Street Corporation Yard Parking Lot Project
Recommendation:

Staff recommends that the City Council adopt a Resolution awarding the construction contract for the Pavement of F Street Corporation Yard Parking Lot Project to Cal Coating Asphalt, Inc. and authorizing the City Manager to execute the agreement.

Background:

The City's F St. Corporation Yard, located at 1015 F Street, is the host location for the Streets, Parks, Airport, Solid Waste, Facilities and Fleet divisions. The parking lot pavement has deteriorated significantly, with visible failures and drainage issues. This project was identified in the Capital Improvement Program as a priority to restore functionality and extend the useful life of the facility.

The project scope includes pavement rehabilitation, construction of a new valley gutter, and associated improvements. The total pavement area is approximately 21,200 square feet, divided into two phases:
• Phase 1 (southwest corner) - approximately 2,500 square feet • Phase 2 (northern portion)- approximately 18,700 square feet 77 ITEM 7G
Discussion:

Staff enlisted the services of Precision Engineering to design and prepare the project bid documents. The City received seven bids for the Pavement of F Street Corporation Yard Parking Lot Project, which were publicly opened on September 23, 2025:

Bidder Location Bid Amount
Asphalt Doctor Bakersfield, Ca $189,433.26
Cal Coating Asphalt Inc. Turlock, Ca $167,488.00
Frontline General Engineering Construction Bakersfield, Ca $256,064.96 Inc.

Terra West Construction, Inc. Clovis, Ca $232,123.33
Hensley's Paving & General Engineering, Inc. Hickman, Ca $184,486.00 Consolidating Engineering Inc. Valley Springs, Ca $212,292.00 Juarez Brothers General Engineering Madera, Ca $208,501.60 Cal Coating Asphalt Inc. was determined to be the lowest responsive and responsible bidder.

Staff recommends including a 15% contingency ($25,123.20) to address unforeseen field conditions that may arise during construction. In addition, staff recommends allocating $25,000 for construction support services provided by Precision Engineering and $5,000 for materials testing and other related project expenses.

Construction is anticipated to begin in Fall 2025 and will be coordinated to minimize disruptions to ongoing City operations at the Corporation Yard.

Fiscal Impact:

The total project cost is estimated as follows:
• Base Construction Contract: $167,488.00
• 15% Contingency: $25, 123.20
• Construction Support (Precision Engineering): $25,000.00 • Testing and Related Expenses: $5,000.00
Total Estimated Project Cost: $222,611.20. The funding is available in the Corp Yard Fund in the line item, 306-430-100-726.
78 Reviewed by:

G ary /i>nzze '>it.
~ ~ n enm I y anager
Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
79 THIS PAGE IS INTENTIONALLY LEFT BLANK
80 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AWARDING THE

CONSTRUCTION CONTRACT FOR THE

PAVEMENT OF F STREET CORPORATION

YARD PARKING LOT PROJECT TO CAL
COATING ASPHALT, INC. AND

AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
WHEREAS, the City of Los Banos identified the Pavement of F Street Corporation Yard Parking Lot Project as a priority in the Capital Improvement Program to restore pavement condition, address drainage issues, and extend the useful life of the facility; and
WHEREAS, the City publicly advertised the Pavement of F Street Corporation Yard Parking Lot Project and received seven (7) bids on September 23, 2025; and WHEREAS, Cal Coating Asphalt, Inc., of Turlock, California, submitted the lowest responsive and responsible bid in the amount of $167,488.00; and WHEREAS, staff recommends including a fifteen percent (15%) contingency in the amount of $25,123.20 to address unforeseen field conditions that may arise during construction, as well as $25,000.00 for construction support services provided by Precision Engineering and $5,000.00 for materials testing and other related project expenses;and
WHEREAS, the total estimated project cost is $222,611.20 and funding is available in the Corporation Yard Fund, line item 306-430-100-726.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby award the construction contract for the Pavement of F Street Corporation Yard Parking Lot Project to Cal Coating Asphalt, Inc. in the amount of $167,488.00 and authorizes the City Manager to execute the agreement on behalf of the City, including the allocation of project contingency, construction support, and testing funds as recommended.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October 2025, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote: ---
81 AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

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

BID OPENING

CONSTRUCTION OF THE PAVEMENT OF 'F' STREET CORPORATION

YARD PARKING LOT IMPROVEMENTS
September 23, 2025 - 2:00 PM

1. Asphalt Doctor

2. Cal Coating Asphalt Inc.

3. Frontline General Engineering Construction, Inc.

4. Terra West Construction, Inc.

5. Hensley's Paving & General Engineering, Inc.

6. Consolidated Engineering Inc.

7. Juarez Brothers General Engineering
Signed: .sz.;__:_ ~ ,._: Vienna Lin
Assistant City Clerk/Records Coordinator
Administrative Coordinator
$189,433.26
$167,488.00
$ 256,064.96
$ 232, 123.33
$184,486.00
$212,292.00
$ 208,501.60
Dated: September 23, 2025
83 Advertisement for Bids

CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice Is hereby given that separate
sealed bids for the award of contract for
the Construction of the Pavement of
'F' Street Corporation Yard Parking
Lot Improvements will be received by
the City of Los Banos at the office of the
City Clerk until 2:00 p.m. Pacific Standard
Time, September 23, 2025 and then at
said office publicly opened and read
aloud.

The major work consists of rehabilitation
of the following parking lot:

F Street Corporation Yard, located at
1015 F Street, Los Banos, CA 93635
The time for completion shall be sixty
(60) calendar days.

The Contract Documents, In their
entirety, can be viewed and/or obtained
from the City of Los Banos website at
www.losbanos.org or
at the following locations:

Central California Builders Exchange
(www.cencalbx.com) Builders Exchange
of Stockton (www.besonline.com) Valley
Builders Exchange, Inc.
(www.valleybx.com) Builders Exchange
of Santa Clara County (www.bxscco.com)
Dodge Data & Analytics
(www.construction.com/ plans/)
A payment bond prepared and executed
in accordance with California Civil Code
Section 9550 and a bond for faithful
performance of the contract will be
required of the successful bidder who is
awarded the contract
The successful bidder must comply with
the latest general prevailing rate of per
diem wages as determined by the
Director of Industrial Relations, State of
California, Department of Industrial
Relations and is to be paid to the various
craftsmen and laborers required to
construct said improvements and is
made a part of the specifications and
contract for said work to which reference
is hereby made for further particulars.

No contractor or subcontractor may be
listed on a bid proposal or awarded a
contract for public work on a public
works project unless registered with the
Department of Industrial Relations
pursuant to Labor Code section 1725.S.

This project is subject to compliance
monitoring and enforcement by the
Department of Industrial Relations.

Contractor registration information can
be found at:
http;llwww.dir.ca.gov/PubHc-Works/P
ubllcWorks.html
Each bid shall be accompanied by
cashier's or certified check or by a
bidder's bond, made payable to the City
of Los Banos and executed by a
corporate surety licensed to Issue surety
bonds In the State of California, for an
amount equal to at least ten percent
(10%) of the amount of said bid and no
bid shall be considered unless such
cashier's or certified check or bidder's
bond is enclosed therewith.

The successful bidder of this project shall
have the following current and active
California State Contractor's License at
the time of the submission of the bid and
throughout the duration of the contract:

Class A - General Engineering
Contractor, C-8 - Conc:retot Contractor,
84 or C12 - Earthwork and Paving
Contractor.

Prospective bidders are required to
attend a mandatory pre-bid meeting on
September 10, 2025. The address for the
mandatory meeting is 1015 F Street, Los
Banos, CA 93635. The start time for the
meeting is 10 a.m., sharp.

Bids will not be considered from
bidders who were not physically in
attendance at the mandatory pre-bid
meeting.

Bidders shall refer to the Contract
Document's Information for Bidders for
complete instructions. Bidders are solely
responsible for the cost of preparing
their bids.

The City specifically reserves the right, in
its sole discretion, to reject any or all
bids, to re-bid, or to waive
inconsequential defects, in bidding not
involving time, or quality of the work.

The City may reject any and all bids and
waive any minor irregularities in the bids.

Aug 27, Sept. 3, 2025
WEX#25-158
85 Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2025 by and between the City of Los Banos, a California municipal corporation ("Owner") and [ENTER NAME AND TYPE OF ENTITY] ("Contractor'').

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Pavement of 'F' Street Corporation Yard Parking Lot." • The work is generally described as follows: The major work consists of removing the existing pavement and constructing approximately 21,200 square feet of pavement and new valley gutter at the F Street Corporation Yard Parking lot located at 1015 F Street in the City of Los Banos.

The project will be divided into two phases. The first phase is located at the southwest corner of the property and is approximately 2,500 square feet in size. The second phase of the project is located at the northern portion of the property and is about 18,700 square feet in size. The time for completion is sixty (60) calendar days.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.

2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.

3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Twelve Hundred Dollars($ 1,200.00) for each day that passes after the time specified in Paragraph 2 herein.

4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).

5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.

6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
86 (B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Precision Civil Engineering, Inc. entitled "'PAVEMENT OF 'F' STREET CORPORATION YARD PARKING LOT", dated March 24, 2025.
(N) Drawings prepared by Precision Civil Engineering, Inc. numbered 1 through 6. (0) Addenda No 1, dated September 19, 2025.

There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.

7. MISCELLANEOUS.

A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.

B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to 87 Date
defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.

F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

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

By: --------------
Authorized Representative of Owner (City)
Title: ---------------
ATTEST:

Lucille L. Mallonee City Clerk
APPROVED AS TO FORM:

William A. Vaughn City
Attorney
Date
(Seal if Corporation)
By: ---------------
Authorized Representative of
Contractor
Title: ______________ _
(Attach Acknowledgement for Authorized Representative of Contractor) 88 Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2025 by and between the City of Los Banos, a California municipal corporation ("Owner") and Cal Coating Asphalt, Inc., a corporation ("Contractor").

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. WORK. -Contractor shall complete the work indicated in Owner's Contract Documents entitled "Pavement of 'F' Street Corporation Yard Parking Lot." • The work is generally described as follows: The major work consists of removing the existing pavement and constructing approximately 21,200 square feet of pavement and new valley gutter at the F Street Corporation Yard Parking lot located at 1015 F Street in the City of Los Banos.

6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
89 (B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Precision Civil Engineering, Inc. entitled '"PAVEMENT OF 'F' STREET CORPORATION YARD PARKING LOT", dated March 24, 2025.
(N) Drawings prepared by Precision Civil Engineering, Inc. numbered 1 through 6. (0) Addenda No 1, dated September 19, 2025.

7. MISCELLANEOUS.

A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.

E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to 90 Date
defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.

F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

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

By: ---------------
Authorized Representative of Owner (City)
Title: --------------- ATTEST:

Lucille L. Mallonee City Clerk
APPROVED AS TO FORM:

William A. Vaughn City
Attorney
Date
(Seal if Corporation)
By: --------------
Authorized Representative of
Contractor
Title: ---------------
(Attach Acknowledgement for Authorized Representative of Contractor) 91 THIS PAGE IS INTENTIONALLY LEFT BLANK
92 LOsBanos , o " cul , I ( a I I Im II w
Agenda Staff Report
TO: Mayor and City Council Members
FROM:

DATE:

Gary Brizzee, Interim City Manager C,flA"l--'Z-f.-C--
October 15, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT:

Recommendation:

San Joaquin Valley Air Pollution Control District, E-Mobility Grant Acceptance
Approve and authorize the Interim City Manager to sign the acceptance of a San Joaquin Valley Air Pollution Control District (SJVAPCD), Electronic Mobility Grant, in the amount of $150,000.00; and approve a budget amendment to the 2025/2026 fiscal year budget to reflect the additional revenue and expenditures under this grant.

Discussion:

Much of the audio and visual (AN) technology infrastructure deployed inside the council chambers is a decade old, if not older. This limits both the live view and recordation ability of public meetings and often times reduces the quality of the image and sounds related to the future playback of those meetings.

In May 2025, staff applied for a SJVAPCD Electronic Mobility grant. The goal of this grant is to improve the council chambers AN technology to allow residents, both improved remote access as well as remote participation, to government meetings. This will meet a grant defined goal of reducing vehicle miles traveled to and from meetings, and as a result, improve the air quality in Los Banos and the greater central valley. 93 ITEM 7H
This grant, in coordination with City of Los Banos- Public, Educational, and Governmental Access Channels (PEG) funding will allow the City to replace and upgrade technology including; cameras, microphones, control panels, and software systems that manage AN systems inside the council chambers. It will also improve back-end equipment including servers, computers, and other systems.

Through this item, the City Council is only approving acceptance of the grant funding and authorizing a budget amendment for the future receipt and expenditure of this grant. The final design concept and specific technology deployed will be brought forward at a later date.

Further, in addition to any physical changes to the council chamber technology infrastructure, future discussion regarding the adoption of standardized policies related to the use of any technology deployed for use in the council chambers will also need to be finalized prior to the completion of this project.

This is the first step in likely several, in completing this technology project.

Fiscal Impact:

This is a reimbursement type grant, meaning the City will pay for the costs under this project. Staff will seek reimbursement for those expenditures through a request to SJVAPCD.

This $150,000.00 grant will be reflected in the 2025/2026 fiscal year budget in the following accounts:

Revenues:

Other Grant 212-000-339-010 $150,000.00
Expenditures:

Communications Equipment 212-410-100-752 $150,000.00
Additionally, $250,000 in approved, PEG funding for fiscal year 2025/2026, will be used to complete this council chambers technology project.

Reviewed by:

Attachments:

Resolution
Agreement and E-Mobility application
94 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS APPROVING AND

AUTHORIZING THE INTERIM CITY

MANAGER TO SIGN THE ACCEPTANCE OF

A SAN JOAQUIN VALLEY AIR POLLUTION

CONTROL DISTRICT (SJVAPCD),

ELECTRONIC MOBILITY GRANT, IN THE
AMOUNT OF $150,000 AND APPROVE A
BUDGET AMENDMENT TO THE 2025/2026

FISCAL YEAR BUDGET TO REFLECT THE

ADDITIONAL REVENUE AND

EXPENDITURES UNDER THIS GRANT
WHEREAS, the audio and visual technology infrastructure equipment located inside the City of Los Banos Council Chambers is approximately 1 O years old, and beyond its useful lifespan; and
WHEREAS, City of Los Banos staff applied for and was awarded a SJVAPCD, Electronic Mobility grant in the amount of $150,000.00 to update the council chambers equipment; and
WHEREAS, a defined criteria and goal of the Electronic Mobility grant is to improve government related telecommunications equipment to provide improved remote access and participation in government meetings, reducing trips to and from meetings, and as a result, improve the air quality in Los Banos and the greater central valley.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance and signing of the $150,000.00 SJVAPCD grant, and approve a budget amendment to both revenues (212-000-339-010) and expenditures (212-410-100-752) in the amount of $150,000, for this grant. 95 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October 2025, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
96 1 Agreement No. G-271005-A1
2 REMOVE II E-MOBILITY AGREEMENT
3 This Agreement is made and entered into this _ __ day of 4 ___________ , by and between the SAN JOAQUIN VALLEY UNIFIED 5 AIR POLLUTION CONTROL DISTRICT, a unified air pollution control district formed 6 pursuant to California Health and Safety Code section 40150 et seq. (District), and City 7 of Los Banos (Participant).
8 WITNESS ETH:
9 WHEREAS, the California Clean Air Act (CCAA) requires local air 1 O pollution control districts to reduce emissions from motor vehicles; 11 WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize the District 12 to impose fees upon certain registered motor vehicles within the district, and the District 13 has imposed said fees;
14 WHEREAS, said legislation requires District to use said funds for activities 15 related to reduce air pollution from motor vehicles and for related planning, monitoring, 16 enforcement, and technical studies necessary for the implementation of the California 17 Clean Air Act of 1988; and
18 WHEREAS, the District has developed other funding mechanisms in order 19 to provide grant monies for its incentive programs; and 20 WHEREAS, on April 22, 2005, District began accepting applications to 21 approve for funding those projects deemed to be most suitable for vehicle license fee 22 and other funding; and
23 WHEREAS, Participant has proposed a project that meets the eligibility 24 criteria of REMOVE II that has been approved by District for funding; and 25 WHEREAS, Participant represents that it is willing and able to complete 26 the proposed project set forth herein within the timeframe specified in this Agreement. 27 NOW, THEREFORE, based on their mutual promises, covenants, and 28 conditions, the parties hereby agree as follows:
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18 1. PROJECT
Participant proposes to complete its project, Install an advanced video conferencing system, as set forth in the Participant's application; attached hereto and incorporated herein as Exhibit A. As the sole and exclusive owner of the project, Participant agrees to furnish all labor, materials, equipment, licenses, permits, fees, and other incidentals necessary to perform and complete, per schedule, in a professional manner, the project described herein. Participant represents that Participant has the expertise, match funding, and resources necessary to adequately perform and complete the project specified in Exhibit A and in accordance to this Agreement and the exhibits incorporated herein.

In the event of any conflict between or among the terms and conditions of this Agreement, the exhibits incorporated herein, and the documents referred to and incorporated herein, such conflict shall be resolved by giving precedence in the following order of priority:

1. 2.

3. To the text of this Agreement
Exhibit B of this Agreement
Exhibit A of this Agreement

4. Exhibit C of this Agreement
19 2. PERIOD OF PERFORMANCE/TIMETABLE
20 Participant shall commence performance of work and produce all work 21 products in accordance with the work schedule, deadlines for performance. Participant 22 shall complete the project in its entirety and in accordance with Exhibit A by the 23 timeframe specified in paragraph 24 of this Agreement, unless this Agreement is 24 terminated sooner as provided for elsewhere in this Agreement. Participant, as the sole 25 and exclusive owner of the project, is responsible for and must comply with meeting and 26 obtaining all local, state, and/or federal permitting, licensing, and/or certifying 27 requirements necessary to complete the project.
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2 G-271005-A 1
98 1 3. COMPENSATION
2 The total obligation of District under this Agreement shall not exceed One 3 Hundred Fifty Thousand And 00/100 dollars ($150,000.00) and supersedes any 4 requested funding amount by the Participant identified in Exhibit A. 5 Participant shall obtain through other sources sufficient additional monies 6 to fund the total cost of the project as outlined in Exhibit A. Satisfactory written evidence 7 of such funding commitments shall be provided to District prior to the release by District 8 of any funds under this Agreement. In the event funding from other sources for the total g cost of the project as outlined in Exhibit A is not received by Participant, District reserves 1 O the right to terminate or re-negotiate this Agreement. In that event, if requested by 11 District, Participant shall return any District funds advanced. 12 A. Payments: Advance payments and progress payments shall not 13 be permitted. Payments will be permitted only at which time equivalent services and/or 14 project milestones have been satisfactorily completed, and only for eligible costs 15 allowed as specified in REMOVE II Program Guidelines for the E-Mobility Component; 16 attached hereto and incorporated herein as Exhibit 8. District shall reimburse 17 Participant after receipt and verification of a properly supported financial claim and 18 inspection by District staff, which includes the following:
19 1) REMOVE II Program - E-Mobility Component Project Guidance 20 Document and Claim for Payment Form, attached hereto and 21 incorporated herein as Exhibit C: The Form must be filled in 22 completely and signed by the contract signing authority. 23 24
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2) Supporting Documentation that supports completion of work and/or milestone: Supporting documentation may include, but is not limited to, copies of invoices, checks, and receipts for work completed that is specific to the project in this Agreement as specified in Exhibit A. Other forms of supporting documentation may be accepted as deemed appropriate by the District.
3 G-271005-A1
99 1 Claims and all supporting documentation shall be submitted to San 2 Joaquin Valley Unified Air Pollution Control District at the following address:
3 San Joaquin Valley Air Pollution Control District
4 Attention: Incentives Program
5 1990 East Gettysburg Avenue
6 Fresno, California 93726-0244
7 District will issue payment to Participant upon receipt of proper 8 documentation and verification that Participant has satisfactorily completed the work for 9 which compensation is sought.
1 o The amount to be paid to Participant under this Agreement is limited to 11 eligible costs identified in Exhibit A and deemed eligible in Exhibit B and includes all 12 sales and use taxes incurred pursuant to this Agreement, if any, including any such 13 taxes due on equipment purchased by Participant. Participant shall not receive 14 additional compensation for reimbursement of such taxes and shall not decrease work 15 to compensate therefore. Any other expenses incurred by Participant for this project 16 which exceed the eligible costs identified in Exhibit A and deemed eligible in Exhibit B, 17 or are deemed ineligible in Exhibit B, are the responsibility of Participant. Participant 18 shall make payment of such expenses as necessary to ensure the completion of the 19 project in accordance to Exhibit A by the timeframe specified in paragraph 24 of this 20 Agreement.
21 Concurrently with the submission of any claim for payment, Participant 22 shall certify (through copies of invoices issued, checks, receipts, and the like) that 23 complete payment has been made to any and all subcontractor(s) as provided. 24 B. Surplus Funds: Any compensation, which is not expended by 25 Participant pursuant to the terms and conditions of this Agreement by the project 26 completion date, shall automatically revert to District. Only expenditures incurred by 27 Participant in the direct performance of this Agreement will be reimbursed by District. 28 Allowable expenditures under this Agreement are specifically established and included 4 G-271005-A1
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1 in Exhibit A and Exhibit B.
2 C. Closeout Period: Participant shall submit all final claims within 3 sixty (60) days following the final month of activities for which payment is claimed. No 4 action will be taken by District on claims submitted beyond the 60-day closeout period 5 without reasonable justification and written approval from District. 6 4. REPORTING REQUIREMENTS
7 As consideration for District's funding contribution to the project, Participant shall 8 perform the following reporting requirements, as applicable and as specified in Exhibit 9 C.
10 A. Quarterly Reports (for Public Transportation - Transit and Rail 11 Passenger Subsidy Components only): If quarterly reports are identified and 12 required in Exhibit C, Participant shall submit regular reports on a quarterly basis 13 according to the project compliance specified in Exhibit C. The report shall detail the 14 work performed during the current reporting period; problems identified, solved, and/or 15 unresolved; and include any other pertinent information requested on the Quarterly 16 Report in Exhibit C. Quarterly reports shall be required prior, or concurrent, with 17 submission of any claim for payment.
18 B. Summary Report: If a summary report is identified and required in 19 Exhibit C, upon completion of the project, Participant shall submit a summary report 20 which shall detail the final project product and any other pertinent information requested 21 on the Summary Report Form in Exhibit C. Summary reports shall be required prior, or 22 concurrent, with submission of any claim for payment. 23 C. Annual Reports: If annual reports are identified and required in 24 Exhibit C, Participant is required to complete and submit annual reports to District for 25 two (2) subsequent years, commencing approximately one year following the 26 completion of the project. The annual report shall detail the project's viability and include 27 any other pertinent information requested on the Annual Report Form in Exhibit C. 28 I I I
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1 5. NON-ALLOCATION OF FUNDS
2 The terms of this Agreement are contingent on the approval and receipt 3 of funds by the appropriating government agency. Should sufficient funds not be 4 allocated, District shall promptly notify Participant and Participant shall not be obligated 5 to continue providing services until sufficient funds have been obtained by District. The 6 scope of the project may be modified or this Agreement terminated at any time by either 7 party after District provides Participant notice of insufficient funds. Following such 8 notice, either party may terminate this Agreement after first providing the other party 9 thirty (30) days' prior written notice of such termination. 10 6. INDEPENDENT CONTRACTOR
11 In performance of the work, duties, and obligations assumed by 12 Participant under this Agreement, it is mutually understood and agreed that Participant, 13 including any and all of Participant's officers, agents, and employees, will at all times be 14 acting and performing as an independent contractor and shall act in an independent 15 capacity and not as an officer, agent, servant, employee, joint venture, partner, or 16 associate of District. Furthermore, District shall have no right to control or supervise or 17 direct the manner or method by which Participant shall perform its work and function. 18 However, District shall retain the right to administer this Agreement so as to verify that 19 Participant is performing its obligations in accordance with the terms and conditions 20 thereof. Participant and District shall comply with all applicable provisions of law and 21 the rules and regulations, if any, of governmental authorities having jurisdiction over 22 matters the subject thereof.
23 Because of its status as an independent contractor, Participant shall have 24 absolutely no right to employment rights and benefits available to District employees. 25 Participant shall be solely liable and responsible for providing to, or on behalf of, itself 26 all legally required employee benefits. In addition, Participant shall be solely 27 responsible and save District harmless from all matters relating to payment of 28 Participant's employees, including compliance with social security, withholding, and all 6 G-271005-A1
102
1 other regulations governing such matters. It is acknowledged that during the term of 2 this Agreement, Participant may be providing services to others unrelated to District or 3 to this Agreement.
4 7. TERMINATION
5 A. Breach of Agreement: District may immediately suspend or 6 terminate this Agreement, in whole or in part, where in the determination of District there 7 is:
8 1. An illegal or improper use of funds;
g 2. A failure to comply with any term of this Agreement; 1 0 3. A substantially incorrect or incomplete report submitted to District; or 11 4. Improperly performed services and/or improperly completed project. 12 In no event shall any payment by District constitute a waiver by District of 13 any breach of this Agreement or any default, which may then exist on the part of 14 Participant. Neither shall such payment impair or prejudice any remedy available to 15 District with respect to the breach or default. District shall have the right to demand of 16 Participant the repayment to District of any and all funds disbursed to Participant under 17 this Agreement which in the judgment of District were not expended in accordance with 18 the terms of this Agreement. Participant shall promptly refund any such funds upon 19 demand.
20 In addition to immediate suspension or termination, District may impose 21 any other remedies available at law, in equity, or otherwise specified in this Agreement. 22 B. Without Cause: Either party may terminate this Agreement at any 23 time upon giving the other party at least thirty (30) days' advance written notice of 24 intention to terminate. District shall have the right to demand the repayment of a portion 25 of or all funds paid to Participant should termination of the Agreement result in an 26 incomplete project that does not satisfactorily meet the criteria in which funding was 27 awarded to the project. District has the sole discretion to review and assess the project 28 completeness in relation to the funding criteria utilized to evaluate the project and make 7 G-271005-A1
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such determinations for repayment and/or payment. In such cases, Participant may, subject to paragraph 3, still be eligible to be paid the reasonable value of services satisfactorily rendered and actual, reasonable costs incurred up to the time of the termination, as determined by District. Upon such termination, all the work produced by Participant shall be promptly delivered to District.

8. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of all the parties without in any way affecting the remainder. With the exception of modifications or amendments which do not affect costs or payments under this Agreement, Participant understands that District Governing Board approval may be required.

9. NON-ASSIGNMENT
Neither party shall assign, transfer, or subcontract this Agreement, nor their rights or duties under this Agreement, without the prior express, written consent of the other party.

10. INDEMNIFICATION
Participant agrees to indemnify, save, hold harmless, and at District's request, defend District, its boards, committees, representatives, officers, agents, and employees from and against any and all costs and expenses (including reasonable attorneys' fees and litigation costs), damages, liabilities, claims, and losses (whether in contract, tort, or strict liability, including, but not limited to, personal injury, death, and property damage) which arise or are alleged to arise directly or indirectly from any act or omission of Participant, its officers, agents, subcontractors, or employees in the performance of this Agreement or out of the operations conducted by the Participant.

11. INSURANCE
A. Without limiting District's right to obtain indemnification from Participant or any third parties, Participant, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement:
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1 1) Commercial general liability insurance with minimum 2 limits of coverage in the amount of Five Million Dollars ($5,000,000) per occurrence; 3 2) Commercial automobile liability insurance which
4 covers bodily injury and property damage with a combined single limit with minimum 5 limits of coverage in the amount of Five Million Dollars ($5,000,000) per occurrence. 6 3) Workers' compensation insurance in accordance with 7 California law.
8 B. Except for workers' compensation insurance, such insurance 9 policies shall name District, its officers, agents, and employees, individually and 10 collectively, as additional insureds. Such coverage for additional insured shall apply as 11 primary insurance and any other insurance, or self-insurance, maintained by District, its 12 officers, agents, and employees, shall be excess only and not contributing with 13 insurance provided under Participant's policies herein. This insurance shall not be 14 canceled or changed without a minimum of thirty (30) days' advance, written notice 15 given to District.
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28 C. Prior to the commencement of performing its obligations under this Agreement, Participant shall provide certifications of insurance and additional insured endorsements on the foregoing policy, as required herein, to District, stating that such insurance coverages have been obtained and are in full force; that District, its officers, agents, and employees will not be responsible for any premiums on the policy. This insurance shall not be canceled or changed without a minimum of thirty (30) days' advance, written notice given to District.

D. In the event Participant fails to keep in effect at all times insurance coverage as herein provide, District may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event.

E. If Participant is a government entity, then it may self-insure such of those risks identified in paragraph11.A.1 of this Agreement, provided, however, that:
1) Such self-insurance plans shall be reasonably
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satisfactory to District; and
2) All those provisions identified in subparagraph 11.C of this Agreement concerning the relationship of Participant's primary and District's excess insurance to each other, the requirement of Participant delivering a certificate of insurance and additional insured endorsement or other suitable evidence to District, and the cancellation/change of insurance requirements shall apply to such self-insurance plans.

12. AUDITS AND INSPECTIONS
Participant shall at any time during regular business hours, and as often as District may deem necessary, make available to District for examination all of its records and data with respect to the matters covered in this Agreement. Participant shall, upon request by District, permit District to audit and inspect all such records and data necessary to ensure Participant's compliance with the terms of this Agreement.

District shall provide Participant notice of any negative audit findings and allow at least thirty (30) days to respond to and cure any such issues. If, after the audit cure period expires, District makes a determination that funds provided to Participant pursuant to this Agreement were not spent in conformance with this Agreement or any other applicable provisions of law, District shall present any ongoing issues to Participant's representative and the parties shall personally discuss measures to resolve the situation. Following the meeting between Participant and District, if based on District's reasonable determination that the problems have not been resolved, Participant agrees to immediately reimburse District all funds determined to have been expended not in conformance with said provisions.

Participant shall retain all records and data for activities performed under this Agreement for at least three (3) years from the date of final payment under this Agreement or until all state and federal audits are completed for that fiscal year, whichever is later.

If this Agreement exceeds Ten Thousand Dollars ($10,000), Participant 10 G-271005-A 1
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9 shall be subject to the examination and audit of the auditor general for a period of three (3) years after final payment under contract (California Government Code§ 8546.7).

13. NOTICES
The persons and their addresses having authority to give and receive notices under this Agreement are as follows:
10 11

PARTICIPANT
Gary Brizzee
lnterm City Manager
City of Los Banos
520 J Street
Los Banos, CA 93635

DISTRICT
Samir Sheikh
Executive Director/APCO
San Joaquin Valley Unified APCD
1990 East Gettysburg Avenue
Fresno, CA 93726
12 Any and all notices between District and Participant provided for or 13 permitted under this Agreement or by law shall be in writing and shall be deemed duly 14 served when personally delivered to one of the parties, or in lieu of such personal 15 service, when deposited in the United States mail, postage prepared, addressed to such 16 party.
17 14. POLITICAL ACTIVITY PROHIBITED
18 None of the funds, materials, property, or services provided under this 19 Agreement shall be used for any political activity, or to further the election or defeat of 20 any candidate for public office contrary to federal or state laws, statutes, regulations, 21 rules, or guidelines.
22 15. LOBBYING PROHIBITED
23 None of the funds provided under this Agreement shall be used for 24 publicity, lobbying, or propaganda purposes designed to support or defeat legislation 25 before the Congress of the United States of America or the Legislature of the State of 26 California.
27 16. CONFLICT OF INTEREST
28 No officer, employee, or agent of District who exercises any function or 11 G-271005-A1
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1 responsibility for planning and carrying out the services provided under this Agreement 2 shall have any direct or indirect personal financial interest in this Agreement. Participant 3 shall comply with all federal and state conflict of interest laws, statutes, and regulations, 4 which shall be applicable to all parties and beneficiaries under this Agreement and any 5 officer, agent, or employee of District.
6 17. GOVERNING LAW
7 This Agreement shall be governed in all respects by the laws of the State 8 of California. Venue for any action arising out of this Agreement shall only be in Fresno 9 County, California.
10 18. COMPLIANCE WITH LAWS
11 Participant shall comply will all federal and state laws, statutes, 12 regulations, rules, and guidelines which apply to its performance under this Agreement, 13 including California driving eligibility, financial liability laws, and applicable prevailing 14 wage laws.
15 19. BINDING ON SUCCESSORS
16 This Agreement, including all covenants and conditions contained herein, 17 shall be binding upon and inure to the benefit of the parties, including their respective 18 successors-in-interest, assigns, and legal representatives. 19 20. TIME IS OF THE ESSENCE
20 It is understood that for Participant's performance under this Agreement, 21 time is of the essence. The parties reasonably anticipate that Participant will, to the 22 reasonable satisfaction of District, complete all activities provided herein within the time 23 schedule outlined in the attachments to this Agreement, provided that Participant is not 24 caused unreasonable delay in such performance.
25 21. DATA OWNERSHIP
26 Upon termination or expiration of this Agreement, all data which is 27 received, collected, produced, or developed by Participant under this Agreement shall 28 become the exclusive property of Participant, provided, however, that District shall be 12 G-271005-A1
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1 allowed to receive, a copy of any non-confidential data received, collected, produced, 2 or developed by Participant under this Agreement subject to Participant's exclusive 3 ownership rights stated herein. Accordingly, Participant shall, if requested, provide 4 copies to District all such data which is in its possession (including its sub-contractors 5 or agents), without any reservation of right, not otherwise enumerated herein. 6 District shall have the right at reasonable times during the term of this Agreement to 7 inspect and reproduce any data received, collected, produced, or developed by 8 Participant under this Agreement.
9 22. NO THIRD-PARTY BENEFICIARIES
1 o Notwithstanding anything else stated to the contrary herein, it is 11 understood that Participant's services and activities under this Agreement are being 12 rendered only for the benefit of District, and no other person, firm, corporation, or entity 13 shall be deemed an intended third-party beneficiary of this Agreement. 14 23. SEVERABILITY
15 In the event that any one or more of the provisions contained in this 16 Agreement shall for any reason be held to be unenforceable in any respect by a court 17 of competent jurisdiction, such holding shall not affect any other provisions of this 18 Agreement, and the Agreement shall then be construed as if such unenforceable 19 provisions are not a part hereof.
20 24. SPECIAL CONDITIONS
21 The entire proposed project must be completed within one year of 22 Agreement execution. No Agreement extensions will be granted without reasonable 23 justification and written approval from the District. Funds may not be used to meet 24 Americans with Disabilities Act (ADA} requirements.
25 25. ENTIRE AGREEMENT
26 This Agreement constitutes the entire agreement between Participant and 27 District with respect to the subject matter hereof and supersedes all previous 28 negotiations, proposals, commitments, writings, advertisements, publications, and 13 G-271005-A 1
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1 understandings of any nature whatsoever unless expressly included in this Agreement. 2 II I
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1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 to be executed as of the day and year first hereinabove written. 3 4
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PARTICIPANT
City of Los Banos
Gary Brizzee
lnterm City Manager
Participant Business Entity:

Tax ID Number: ____ _ _ __ _
15 DISTRICT
San Joaquin Valley Unified Air
Pollution Control District
Samir Sheikh
Executive Director/APCO
Approved as to legal form:

San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
Mario Orosco
Director of Administrative Services
For accounting use only:

Program: _____ _ ____ _
Account No.:
---- - - ---
G-271005-A1
111
LJ
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program ApPlicatlon

E - MOBILITY APPLICATION
~ APPLICANT INFORMATION
Organization: 'City of Los Bano_s
,.

Contact name: e :_rrl ~'.Ive~~------ • ~---· -----· -
Person with contract signing authority: Corri Silveira (IT Manager) and/or Gary Brizzee (Interim ~ lty Manager}
Street/mailing address: 1520 J St~-..
!
I
I .. .J
'
i
_, l
City: Los Banos State: CA i Zipcode: I ~3635-4:Z40 __J
Phone: (J 209 J ~21~1000 j Fax: (!_~~~-!) 1827•1006 J
E-mail: r sllveira@lo~~an-~s-~rg I Mobile Phone: q 209 J) j338-4152 J
Geographic area served by organization:

Elty of Los Banos in Merced Co~-nty
. ~-,,..,.._~ ··-
Geographic area to be served by telecommunications technology (if different than above):
- .. - -
I hereby certify that all Information provided In this applicatlon and any attachments are true and correct to the best of my knowledge, and that I have read the separate Guidelines. Policies and Procedures document for this program component
Printed Name of Responsible Party:

Signature of Responsible Party:
(Must sign in B
Title:

IT Manager
Date:
!s-1s-202s
Revised 01/12/06

EXHIBIT A - ORIGINAL APPLICATION
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Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Application

INFORMATION ABOUT E-MOBILITY TECHNOLOGY
All requested information below must be provided in addition to the brief proposal.

B. GENERAL INFORMATION ABOUT ELECTRONIC TECHNOLOGY

1. Explain the current E-mobility technology services in use by your organization:

Currently, we do not have e-mobillty techonology for our council chambers.

We do utilzie Teams, GoToMeeting and Zoom for onllne coloboration between city staff and outside members.

2. Explain the planned expansion of the E-mobility technology:

We plan to upgrade the audiovisual system in our council chambers, including enhanced telecommunications, so our city's citizens can participate remotely and enjoy better community engagement. Our current setup is over a decade old and Is no longer reliable.

3. Explain the primary functions (services) of the improved/expanded technology to replace vehicle trips:

Advanced video conferencing allows for face-to-face meetings with high-quality 1 audio and visuals.

This creates an immerslve virtual meeting environment that will enable the 1 citizens of Los Banos to participate from home, thus reducing the amount of vehicle trips. The improvements to the live streaming will enable remote users to actively view council meetings from home, reducing the number of vehicle trips.

This upgrade will also empower handicapped citizens to have a voice in the council meetings.

Revised 01/12/06

EXHIBIT A - ORIGINAL APPLICATION
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113
LJ
Electronic Mobility (E - Mobility) Incentive Component
REMOVE If Program Application
C. INFORMATION REQUIRED TO ASSESS PROJECT COST EFFECTIVENESS . 1. Funding dollars requested for the project($):
$150,000

2. Total project cost:
~250,000 ~ ~350,000 _.,_. -...... ~- ···· - -· -.....

3. Weeks of operation per year (W):
60 (council, school board meetings and planning commission meetings)

4. Number of auto trips eliminated one-way per week (T):
l_~o-~_s ---... -· - --- - -••-... - - N- -~ .. . ... -- - - ----··- - -·-····· _, _ ,

5. Length of auto trips eliminated in miles for one direction of the trip per week (L):
(This is the average length of auto trips from the home to the work, school, agency or conference site) 1~1.5 ~iles,_~~e __ way. - ........ -- .. - .. - --- -- -

6. Number of new auto trips one-way per week (New T):
(For telecenters, this is the number of auto trips to and from the center. For teleconference sites, this is the number of auto trips to and from the conference site)
lo I - - --- - --~. ·------ .. -· -. -- ------·· -----

7. New auto trip length (New L):
(For teleconference sites, this Is the average distance from home to the conference site. For telecenters, this is the average distance from work to the center)
lo I
----··- - - ---· ··- ----- . .

8. Estimated annual auto trips reduced:
!soo t~-900
j
--- -- -- - -- --

9. Estimated annual auto VMT reduced:

Jgoo _to 1,350
i
-· _, ___ . _, ~ -· -• ... .. - -- -- ;

10. Additional funding sources solicited and amounts, if available:
$150,000 and PEG Funding.

I
l
·- . - - - -- ·- ...

Revised 01/12/06

EXHIBIT A - ORIGINAL APPLICATION
114

SECTION I

INTRODUCTION

ELECTRONIC MOBILITY (E - MOBILITY) COMPONENT

REMOVE II PROGRAM

GUIDELINES POLICIES AND PROCEDURES
The San Joaquin Valley Air Pollution Control District (SJVAPCD) is seeking applications for incentive funds for the development or expansion of electronic telecommunication services in government and public education. Electronic technology which functions as direct replacement of vehicle travel to these public sites for required services and information to the general community may qualify according to the terms and conditions described in these guidelines.

The purpose of the Electronic Mobility (E-Mobility) Incentive Component is to implement the expansion of telecommunications and electronic services to continually achieve reductions of vehicle emissions in the San Joaquin Valley. Telecommunications technology can serve to assist the SJVAPCD in attaining federal and state air quality standards. The widespread use of electronic services for the direct replacement of vehicle travel to public sites for conferencing, document transactions, general information, work functions, school instruction and related applications will improve our air quality.

The SJVAPCD is providing incentives to municipalities, government agencies, public educational institutions, community colleges and municipal courts in the development of:
• Distance Learning Facility
• Telecommute Center Equipment
• Teleconference Systems
• E- Government Technology
• E- Court Technology
• Other
Funds are available for eligible projects that meet specific program criteria on a firstcome, first-serve basis until the program funds are exhausted. These guidelines describe the policies and procedures for the Electronic Mobility Incentive Component.

For additional copies of Guidelines, Policies and Procedures, or applications, please call:
(559) 230-5858
For further information please contact:

San Joaquin Valley Air Pollution Control District
1990 E. Gettysburg Avenue
Fresno, CA 93726-0244
(559) 230 - 5800
www.valleyair.org
Revised 01/12/06

EXHIBIT B
115
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures

SECTION II

BACKGROUND
SECTION Ill

ELIGIBLE

PARTICIPANTS

AND PROJECTS
LJ
The SJVAPCD is comprised of eight counties: San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and the San Joaquin Valley portion of Kern. The SJVAPCD does not meet the health based National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter ten (10) microns or less in diameter (PM10), and is required to implement strategies that will result in emissions reductions. Reactive organic gases (ROG) and nitrogen oxides (NOx) are precursors that react in sunlight to form ozone. NOx is also important in the formation of secondary PM10. Internal combustion engines are a significant source category that provides an opportunity to pursue substantial emission reductions.

Any municipality, government agency, public education, community college or local municipal court may apply to receive an incentive under this program.

The criteria for eligible E - Mobility projects are as follows:
• The electronic technology or telecommunications equipment for the project must clearly function to replace vehicle travel by the general population seeking public or educational services.
• The project must directly reduce vehicle emissions and the number of Vehicle Miles Traveled (VMT) by the general public within the San Joaquin Valley. The electronic technology must substitute for any travel by the general public to conduct regular transactions or instructional learning.
• The project must clearly describe the current number and purpose of vehicle travel to the public agency or school site. The average travel distance and how the EMobility project will reduce the VMT to these sites must be established by the applicant.
• E-Mobility brief proposals are required to provide specific information on how assumptions for existing trips and potential trip reductions are generated. Sources for estimates and methods must be stated. The SJVAPCD may reject applications and proposals without adequate information.
• The project must demonstrate that emission reduction claims are real and verifiable.

The applicants must prove that vehicle trips are actually being replaced and that once the electronic system is installed, the reductions continue over time. • The project must provide supportive documentation or data to validate the emission reduction claims in the form of administrative records, production reports, surveys, customer/client counts, data registrations, etc.

Revised 01/12106

EXHIBIT B
116
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
• The expansion or development of Internet based applications that allow customers, clients and/or the public to conduct transactions online circumventing vehicle travel may qualify for this program. Examples include systems where documents can be transmitted electronically, and systems where individuals or the general public can obtain information and apply for licenses and other services on-line. • Video-Teleconferencing (VTC) projects enable an agency to conduct meetings via interactive electronic transmission incorporating both audio and visual aids. • Government agencies that provide documents for the public to conduct business development such as construction permits and licenses may seek to expand related services through electronic technology access.
• Government processing such as E-flling, information access and available application forms/documents may function to minimize travel by the general public for these necessary items or services.
• An educational system or service, which substitutes the required travel of teachers, students and staff to learning institutions or school sites. • Electronic or telecommunications technology that directly replaces travel by the general public to conduct meetings, education, job functions or document processing.
• Distance learning facilities which function as a telecommute center where students can participate in interactive learning through the linkage of regional instructional sites.
• Tele-work sites which function as a telecommute center where workers can participate in all the job-required unctions from a remote location while maintaining interaction with the central employment organization.
• Conferencing technology that allows for interactive meetings and collaborations to be conducted in place of the required travel to assemble at a single location. This format may include computer-conferencing, VTC systems or related technology.

SECTION IV In addition, the following elements are set forth as program requirements: PROGRAM

REQUIREMENTS
• The location of the technology's center of operations (government agency or public school) and the public beneficiaries (users) shall be based within the geographic area of the SJVAPCD ~ee map in Section X,. This verifies that the reduction of vehicle trips and emissions directly benefit the San Joaquin Valley region .

Revised 01/12106

EXHIBIT B
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117
LJ
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
• The reduction of VMT must occur within the boundaries of the SJVAPCD. • Annual self-monitoring reports will be required for two (2) years from the initiation of the electronic technology operations. The simple reports shall include such information as vehicle miles traveled of customers/clients, number of documents processed and/or numbers of services implemented that replaces vehicle trips. For educational purposes, the number of students registered to employ the electronic technology or other travel reduction applications of the technology must be reported. • The incentive amounts for E-Mobility projects will be generally based on ARB calculation methodologies for emissions reduction. The resulting cost effectiveness value for each project will have a direct impact on the funding determination.

Therefore, minimizing the cost per pound of pollutant to achieve emission reductions for each project is highly recommended. The potential incentive for each project category is listed below.

I PROJECT CATEGORIES II MAXIMUM INCENTIVES I
I Teleconference Systems II Up to $150,000 I
E -Government Technology Up to $150,000
E -Court Technology Up to $150,000
T. I _-:-:mute Centers Up to $150,000
Distance Learning Facility Up to $150,000
I Other II Up to $150,000 I
• Funds will be awarded on a first-come, first-serve basis to all applications that meet the criteria and requirements, while program funds are available. In the event that proposals are submitted on the same day, proposals will be funded in the order of the best overall cost-effectiveness until funds are exhausted. • Due to limited program funds, individual applications will be restricted to one project category. Therefore, applicants shall not incorporate more than one project category for a combined grant application. However, separate applications may be submitted for additional project categories of interest.
• Additional funding sources are not a requirement for participation in the E-Mobility Component. Other co-funding is encouraged, and may be useful to cover ineligible Revised 01/12106

EXHIBIT B
118
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
portions of the project cost, but is not a requirement. State of California incentives, state and federal tax credits may be available.
• Program funds should not be used for projects that would of proceeded without the SJVAPCD assistance. Projects with large cost savings to the system operator would not be eligible, since they should be considered an investment by the agency/organization. Projects where all cost savings accrue to the public users of the system would be eligible.
• Applicants must not use the possible elimination of an existing project or program to justify their proposal, or in the determination of emission reduction. If a project or program was, or is currently in existence, then no additional emission reductions will be granted.
• Applicants must provide verification of all funding sources that have been solicited to fund a project or program. Established SJVAPCD Governing Board guidelines require that applicants shall not use SJVAPCD program funds to supplant other existing potential funding sources.
• SJVAPCD funds may not be utilized for administrative or operational costs. The program, will not allow funds to be used to reimburse an applicant for the cost of preparing/submitting an application or for the administration of a project including indirect costs for research foundations and educational institutions. • If the telecommunications technology does not produce the intended services to replace vehicle travel in the course of the minimum two (2) year self-monitoring term set forth in this program, a pro-rated portion of the funds must be returned to the SJVAPCD.
• Applicant agrees that any emission reductions associated with this program will be claimed and retired by the SJVAPCD in the interest of air quality improvement for the residents of the San Joaquin Valley. Program participants waives, for all time, the right to claim emission reduction credits which may accrue at any time as a result of this program, and agrees not to apply to the SJVAPCD or any other agency for such credits.
• Evidence of applicable insurance coverage must be provided upon request.

Criteria and requirements may be reviewed, as new information becomes available, and can be revised at the discretion of the Executive Director/Air Pollution Control Officer as necessary.

Revised 01/12106

EXHIBIT B
LJ
119
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
SECTION V T PROGRAM he E-Mobility Program participation process is as follows:

PROCESS

1. You may contact the SJVAPCD to ensure a selected E-Mobility project is eligible for participation in the program.

2. Complete the application and brief proposal completely. It is important to include all the required documentation and supportive data for this component.

3. Provide a brief proposal following the format from Section VI of this Guidelines, Policies And Procedures document. It is highly recommended for proposals to be concise, descriptive and include very specific facts.

4. Submit the completed application and brief proposal to the SJVAPCD for program evaluation and project authorization to receive an incentive. The SJVAPCD will set aside funding for your incentive provided the E-Mobility project meets all eligibility criteria set forth in this document.

5. If approved, sign a simple contract with the SJVAPCD agreeing to operate the EMobility technology in the San Joaquin Valley. In addition, program participants must provide appropriate insurance coverage, annual reports on the technology utilization, and other standard provisions.

6. Install the electronic equipment and activate the E-Mobility program. Equipment or improvements initiated prior to application submission will not be eligible for incentive funding.

7. Submit a copy of invoices, SJVAPCD request for payment form, and other required information to the SJVAPCD.

8. SJVAPCD reviews information and processes payment.

9. Applicant fills out a one page SJVAPCD report form annually for two (2) years providing average VMT, number of trips replaced by the electronic services, number of services processed through the telecommunications or electronic system and any problems affecting the technology applications.

Timeframe Goals:

The SJVAPCD will make every effort to process applications quickly. If numerous applications are received on the first day, it may not be possible to meet the processing goals listed below.

1. The application is reviewed by SJVAPCD staff for completeness within thirty (30) working days of receipt of the application. If the application is incomplete, it will be LJ Revised 01/12106

EXHIBIT B
120

SECTION VI

BRIEF PROPOSAL
FORMAT
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
returned to the applicant with a description of areas in which the application is inadequate. Any revised application that is not returned by the applicant with the requested information within fourteen (14) calendar days is rendered null and void, and resubmission is required.

2. An evaluation period of approximately thirty (30) working days will follow for staff to assess the emission reductions, cost effectiveness, and validate the project proposal and application meets all the criteria established for the program component.

3. Upon approval of the application, the SJVAPCD will prepare a standard contract for signature by the applicant and the SJVAPCD. The contract process may take a minimum of eight (8) weeks to complete.

4. Applicant submits equipment invoices, receipts, and SJVAPCD Claim(s) for Payment form. The SJVAPCD will issue payment within forty-five (45) days after verification that the telecommunications system has been placed into service.

Applicant submits annual reports that contain VMT, number of trips replaced, number and type of services provided by the electronic technology and description of any problems experienced from the system. The SJVAPCD maintains the right to monitor the project periodically to ensure the telecommunications system is kept in service and operational to the public.

T he format of the brief proposal for this program participation process is as follows:

Authorization Letter/Resolution - A letter or resolution authorizing the applicant to submit an application and brief proposal must be included in the submission. The letter must include the name, address, telephone number and contact person, and must be signed by the person authorized to represent the proposing entity. For applications and brief proposals from more than one entity, an authorized representative from each entity must sign the letter. Please indicate which entity will be the administrator of the grant.

Project Description - Identify the main objective(s) and describe the scope of work of the proposed project.

Project Organization/Background - Provide a very brief description of your organization. Please indicate if your agency has successfully completed a similar project. If sub-contractors are to be used on the project, please identify and state their qualifications, or if sub-contractors have not yet been identified, state the specific qualifications that must be met.

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121
LJ
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
Work Statement - Describe separately each phase of the work to be performed. List tasks within each phase of work and describe as necessary. State the sequence of work activities, including a starting date and a completion date within a one (1) year time frame. Include all relevant information regarding the technology involved, and the parties directly connected with the project.

Funding Request/Cost Breakdown - Define the brief proposal to be funded. Include the amount of money requested from the E-Mobility Program. All applicants are also strongly encouraged to submit alternate funding levels in their brief proposal.

Identify total project costs, including, but not limited to the following:
• Estimate cost by task and identify source of funding such as SJVAPCD, selfcontribution or other sources for each task. • Itemized list of equipment to be purchased and the proportion of cost for each piece of equipment to be paid by E-Mobility Program funds. The intent of this program is to fund only portions of the equipment costs that directly result in the provisions for air quality improvements.

Schedule of Deliverables/Self Monitoring Program - Provide a list of all work products or deliverable items and their anticipated dates of delivery. The schedule must not extend beyond one (1) year after the date of contract execution. A self-monitoring program is required for all projects. Describe how the project objectives will be measured and reported to the SJVAPCD on a yearly basis.

Submission of Application and Brief Proposal
All applications and brief proposals must be submitted according to the specifications set forth in the Guidelines, Policies and Procedures document. Failure to adhere to these specifications shall be cause for rejection of the application and short proposal.

All applications and brief proposals are to be submitted to the SJVAPCD central office at the following location:

San Joaquin Valley Air Pollution Control District
1990 E. Gettysburg Avenue
Fresno, CA 93726-0244
Attention: MSP
Disposition of Applications and Brief Proposals
The SJVAPCD reserves the right to reject any and all applications and proposals. All document submissions become the property of the SJVAPCD and will not be returned to the applicant. Applications and brief proposals are valid only during the current funding cycle for the program.

Revised 01/12106

EXHIBIT B
122

SECTION VII

APPLICATION

AND BRIEF

PROPOSAL

CONTENTS
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
In addition, the SJVAPCD shall determine project eligibility. Staff will evaluate the merit and feasibility for all application and proposal submissions. Funding approval will be at the full discretion of the SJVAPCD.

Modification or Withdrawal of Application and Proposal
Once submitted, it is strongly discouraged for applications or brief proposals to be altered. All documents shall constitute firm offers and shall not be withdrawn. It is the expectation of the SJVAPCD for all applicants to assume full responsibility and maintain complete commitment to the program. Any changes after the application submission will result in delays for project review, program approval and funding determination.

The contents of the application and brief proposal must contain the following:
• All government agency applicants must offer hard evidence that their governing body is aware that the application is being tendered. Private agency applicants must also include appropriate verification of binding authority. • Matching funds for E-Mobility projects are not required for participation in this program. However, additional funding sources are encouraged to finance areas of the project that may not qualify for funds under this program. If additional funding sources are secured for the project, the information must be presented in the brief proposal and program application.
• Proposals for non-capital ongoing operational programs must provide a plan for self-sufficiency after the initial grant or indicate future non-SJVAPCD funding. In addition, the SJVAPCD will not fund Internet services, connection costs or other project related fees beyond the one-year expiration term specified in the contract. The short proposal must indicate how the new project will enhance the efficiency of the ongoing program and will gain additional emission reductions.

Note: The SJVAPCD reserves the right to approve only portions of the applicant's scope of work and funding request. In addition, the SJVAPCD may modify a project proposal and impose conditions that are not included in the original brief proposal.

Some project proposals may be reduced in scope and/or funding level.

Proposal components should be presented in organized segments, so that portions of a project may be easily approved for funding. In such cases, the applicant may be requested to submit a revised work statement, schedule of deliverables, and cost breakdown prior to contract execution by the SJVAPCD.

Revised 01/12106

EXHIBIT B
LJ
123
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures

SECTION VIII

INFORMATION

NEEDED FOR

APPLICATION
Although not required for the program cpplication, alternate funding levels may be included in the application and proposal submission for review by the SJVAPCD. In addition, identify the minimum amount of funding necessary in order to complete a viable E-Mobility project.

Cost Effectiveness and Emission Reduction Calculations
ARB Methodology will be utilized for calculating the cost effectiveness and emission reductions for each project application. These calculations will have a direct impact on the incentive determination for each approved project under this E-Mobility Component.

The maximum acceptable cost effectiveness value for any proposed telecommunications system or electronic technology project is $20/lb of pollutants (ROG, NOx and PM). However, the SJVAPCD encourages all applicants to achieve a cost effectiveness value less than $10/lb to increase their funding potential. Historically, these projects have achieved an average cost effectiveness below $6/lb of emission reduction. Therefore, the project design to minimize the cost per pound of pollutants and the project efficacy to achieve emissions reduction is highly encouraged.

Methods To Find The Cost Effectiveness Of Funding Air Quality Projects and utilization of Cost Effectiveness Analysis Tools is available at the ARB website:
www.arb.ca.gov/planning/tsaq/eval/eval.htm . The ARB requires the SJVAPCD to utilize the most current emission factor tables for the calculation methodology. The SJVAPCD will utilize the ARB 2004 Emission Factor Tables for project calculations. Please refer to the 2004 Emission Factor Tables available at the SJVAPCD web site.

Please note that the SJVAPCD does not fund all projects identified in the calculation methodologies. Contact the ARB Transportation Strategies Group at (916) 445 - 0098 if you have any questions regarding these methodologies.

The applicant must provide specific information about the electronic technology improvements to the agency or institution. Additional information may be requested during the review process as necessary.

Applicant Information
• Organization name, address, contact name, person with contract signing authority, phone, fax and email.
• The geographic area where the telecommunications system will be operated.

Electronic system improvements and its services must occur within the SJVAPCD.

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EXHIBIT B
124
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures
• State the various public services your organization provides that can be transferred electronically and their level of importance to the general community.

Telecommunications Equipment Information
• Provide the current existing electronic technology in operation by the government agency or public learning institution.
• Provide the date of the most recent telecommunications or electronic technology upgrade to the operational system. Technology or equipment purchased prior to application submission is not eligible for funding.
• Provide the electronics system components, product information and installation information.
• Identify all the involved and affected participants of the project. • Explain the changes to the available services or improvements to the existing services the new electronic technology will provide.
• Describe the type(s) of functions or services for which the technology will be employed.
• Estimate the potential trip reductions the technology may contribute in the future and explain how this figure was assessed. Identify the data or records utilized for the assessment.
• List and explain the EquipmenUProduct Costs components list. • Manufacturer/Supplier information and available warranty of equipment or services.
• The locations or departments that will be affected by the telecommunications or electronic equipment.

The 6-Mobility Program is restricted to telecommunications or electronic technology improvements to the existing system in operation by the government agency or public learning institution. This program does not serve to alter or improve any electronics system that will not directly replace vehicle trips by the general public. The SJVAPCD will not fund portions of the system upgrades that will not fulfill the purpose for vehicle trip replacement and emissions reductions. Therefore, changes that only benefit the management and administration of the agency's operations will not qualify for incentives.

Revised 01/12106

EXHIBIT B
125
Electronic Mobility (E - Mobility) Incentive Component
REMOVE II Program Guidelines, Policies and Procedures

SECTION IX

CONTRACT

REQUIREMENTS

SECTION X

MAP OF THE

SJVAPCD
Lili
Those applicants that receive funding must enter into explicit contracts with the SJVAPCD setting forth specific performance criteria to ensure compliance with statute and audit requirements.

Contract preparation will begin immediately upon SJVAPCD approval of an application.

The telecommunications technology must be put into service within one (1) year from the date of contract signature. All projects will be reimbursed only after the electronic system is operational, placed into service and verified by SJVAPCD staff.

Prior to receiving any funds, the grantee must provide the SJVAPCD with the following documents:

1. SJVAPCD Claim(s) for Payment with copies of itemized invoices and receipts.

2. Verification of appropriate signing authority - The signing authority must be the person authorized in the contract as the person who can act on all fiscal matters on behalf of the funded agency or entity.

3. Verification of all insurance requirements identified in the contract - if self-insured, a letter from a risk manager or the like will be acceptable.

The contract will require the applicant to perform adequate record keeping for the SJVAPCD to verify the appropriate use of government funds. It will also include reporting requirements by the applicant. Contract monitoring will be performed by SJVAPCD staff on a periodic basis. Additionally, the SJVAPCD reserves the right to conduct a fiscal audit to ensure appropriate expenditure of funds.

Revised 01/12106

EXHIBIT B
126
San Joaquin Valley
Air Pollution
Control District
REMOVE II Program
Project Guidance Document
E-Mobility Incentive Component
Approximately one year after grant funds have been
issued, you may receive a 1099.

For information regarding the tax implications on
grant funds, please consult your tax advisor. The
SJV APCD does not provide tax advice.

EXHIBITC
127
REMOVE II Program
Project Guidance
Introduction
The REMOVE (Rfduce MOtor Vehicle Emissions) II Program is an innovative program that allocates fees received from motor vehicle registrations for local projects that reduce emissions from motor vehicles. The San Joaquin Valley Air Pollution Control District (SJVAPCD) Board approved the changes to implement the REMOVE II Program.

The SJVAPCD makes a final funding determination based upon approved program guidelines and makes funds available to Participants.

This guidance document is designed to provide REMOVE II Program Participants with the required instructions and guidance for the successful completion of their grant.

Purpose
Upon execution of a agreement with the SJVAPCD, all Participants will receive this guidance document with a copy of a signed agreement. The Participant will have one year from the agreement execution date to complete the grant. This document has two components: Project Administration and Project Compliance. The project administration section describes the functions of grant documentation and reimbursement procedures. The project compliance section describes the functions of monitoring and grant closeout.

SJVAPCD staff is available to answer questions and to provide assistance to Participants regarding these procedures. Please read the entire document and enclosed agreement in order to fully understand the requirements. Any and all questions should be directed to:

Revised November 2014

SJVAPCD
1990 E. Gettysburg Avenue Fresno,
CA 93726-0244
Phone (559) 230-5800
FAX (559) 230-6111
E-mail: [email protected]
EXHIBITC 1
128

PROJECT ADMINISTRATION

GRANT DOCUMENTATION
The Participant shall retain documents for three (3) years after the final payment or termination of the agreement. Pertinent documents will include copies of invoices, checks, final reports and any other documents related to the verification or cost of the project. In addition, the following information must be provided prior to receiving any reimbursements from the SJVAPCD:

PROOF OF INSURANCE
The agreement (Section 11) specifies the level and amount of insurance the SJVAPCD will require. All insurance requirements must be met before any reimbursements will be made by the SJVAPCD. Please submit an updated copy of your certificate of insurance along with any claims for payment.

REIMBURSEMENT
The Participant shall be reimbursed as per agreement, after receipt and verification of a properly supported financial claim and inspection by SJVAPCD staff. Any compensation that is not expended by the Participant pursuant to the terms and conditions of the agreement shall revert to the SJVAPCD.

PAYMENT
The SJVAPCD will not provide advances or progress payments to Participants.

Participants must submit request for payment on the SJVAPCD Claim for Payment form only. Included in this guidance document is the SJVAPCD Claim for Payment form for your use. All claims must be signed and dated by the appropriate signing authority or they will be returned to the applicant. All claims for payment must adhere to the specified line item budgets identified in your agreement. Concurrent with the submission of any claim for payment, Participant shall provide invoices, checks, receipts and the like to indicate that work has been completed.

Revised November 2014 EXHIBITC 2
129

PROJECT COMPLIANCE

SITE VISIT
Depending on the type of grant and the necessity, Participants may be scheduled for a site visit by SJVAPCD staff. The purpose of the visit is to ensure that projects are complete and operational. The ultimate goal is to share project successes with other agencies throughout the SJVAPCD and the state. SJVAPCD staff may request to take photographs and videotapes of projects.

EXTENSIONS
All activities must be completed within the time specified in their agreement.

Agreement extensions will not be granted without reasonable justification and written approval from the SJVAPCD.

GRANT CLOSEOUT
Participants shall, per agreement (Section 3c), submit all final claims and reports within 60 sixty days following the final month of activities for which payment is claimed. No action will be taken on claims submitted beyond the 60-day closeout period without reasonable justification and written approval from the SJVAPCD.

ANNUAL REPORT
Annual reports are used to verify that Participants are on a timely schedule, and can also to identify any potential problems or delays. Included in this guidance is an annual report form for your use. Each Participant will have executed an agreement on a different date; therefore, Participants must indicate their agreement execution date and also indicate which annual report is being submitted.

AUDIT
I The SJVAPCD may audit the Participant, which should make available all of its records and data with respect to the project. As per agreement (Section 12) Participant shall be subject to an audit by the SJVAPCD to determine if the revenues received by Participant utilized as provided by law.

Revised November 2014 EXHIBITC 3
130
□
□
□
□

REIMBURSEMENT CHECKLIST
Completed and signed SJVAPCD Claim for Payment form.

Submitted all invoices, cancelled checks, receipts, etc.

Submitted proof of insurance.

Requested a site visit for post-project inspection.

Revised November 2014 EXHIBITC 4
131
San Joaquin Valley
Air Pollution Control
District
REMOVE 11
R~ llofal VI/IJ/cle ~ 0 Emlss/011$
REMOVE II Program Annual Report
Each applicant must fill out this form each year after reimbursement.

YEAR: YEAR 1 [ ] YEAR 2 [ ] Date:

PROJECT#:

AGENCY:

CONTACT:

ADDRESS:

CITY/STATE/ZIP:

TELEPHONE:

CONTRACT DATE:

Grant Information

1. Total grant amount: $

2. Discuss the various services provided by the electronic technology and the number of vehicle trips replaced by these services:

3. Describe the various potential users of the electronic system:

4. Discuss any problems experienced from the electronic system, if any:

Revised August 16, 2012 4
132
San Joaquin Valley Air Pollution Control District
REMOVE II - Claim for Payment
Payee:

Address:

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of the following : D S Corporation
D Partnership
Date
Project Number: ~'' ===:::::all
D Trust/Estate Federal Tax I.D. # :
---------- □ Government Social Security#: ----------
□ Lirrited Liability Corrpany Telephone# : (C Corporation, S Corporation, ---------- Partnership) Fax#:

Description
----------
Amount
Paid
Total Claim
Grant
Amount
Signature of Program Applicant Date
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Vendor Number : Total $
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134
LOsBanos
I tJu IO t t1cl t 1/1{ HIiiel
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM:

Minerva
Stacy Souza
Moreno,
Elms,
Finance
Community
Director
and Economic Development Director ~
DATE: October 15, 2025
TYPE OF REPORT: Public Hearing
SUBJECT: California Municipal Finance Authority BOLD Program Recommendation:

That the City Council take the following actions:

1. Receive information regarding the California Municipal Finance Authority (CMFA) Bond Opportunities for Land Development (BOLD Program)

2. Adopt a resolution joining the CMFA as a member

3. Adopt a resolution authorizing use of CMFA's BOLD Program BACKGROUND:

California Municipal Finance Authority (CMFA).

The City has been provided information regarding the BOLD Program, offered through the California Municipal Finance Authority. To participate, the City would first join CMFA, a statewide joint powers authority (JPA) comprised of numerous public entities throughout California.

CMFA supports its member agencies by forming Community Facilities Districts (CFDs) and issuing bonds to finance infrastructure and public facilities. Revenue generated 1 135
ITEM 8A
through these activities also funds programs that support economic development, job creation, and community services throughout California.

The BOLD Program.

New residential development often requires significant investment in infrastructure, schools, and public services. The BOLD Program provides an alternative to cities issuing land-secured bonds themselves by having CMFA issue the bonds through a CFO formed under the Mello-Roos Community Facilities Act of 1982.

The program enables financing for:
• Public infrastructure and facilities, including impact fees. • Public service costs attributable to new development.

The bonds are repaid by special taxes levied on new development, providing a costeffective way for municipalities, schools, and developers to work together to address growth-related needs.

Financing Team.

The BOLD Program is handled by a team of bond industry professionals with significant experience in CFDs in the State. All have highly specialized expertise in CFO bond issuance and sales and are consistently ranked among the top firms in the field. In addition, if the City desires to use a municipal advisor of its own choosing to review the BOLD Program application and/or other program documents may do so, with all related costs payable from bond proceeds or developer deposits to CMFA. Specifically, the BOLD Program utilizes Jones Hall for bond counsel services, Goodwin Consulting Group, Inc. for special tax consulting services, and Piper Sandler & Co. for underwriting services.

DISCUSSION:

Benefits of BOLD Program to Local Governments.

Although the CFO would be formed within the City's jurisdiction, minimal involvement is required. The City Council is only required to take a single action to approve participation in the BOLD Program and CMFA thereafter works with staff to ensure the program is meeting the City's objectives. CMFA and its consultant team will form and approve each CFO, CMFA will issue bonds on behalf of the CFO and levy and collect the special taxes each year. By working directly with developers, the BOLD Program facilitates financing for infrastructure and fee obligations of developers, covering a broad range of development cost obligations necessary for new development imposed by municipalities, including both facilities and/or impact fees. Using the BOLD Program alleviates local agency staff time constraints and allows staff to focus on other aspects of processing land development projects.

Determining Special Tax Rate.

Formation of each CFO requires the establishment of the annual special tax rates. The formula for computing special tax rates will be included in the resolutions to be adopted 2 136
by the CMFA Board as part of the CFD formation proceedings. Typically, the formula will include a basic, undeveloped land tax with an increase in rate and shifting of the tax to developed lands at building permit stage. The total amount of taxes on developed land generally will not exceed 2% of its projected market value in its completed state, per industry standards.

Bond Issuance.

Bonds are issued through CMFA, with minimal involvement from local agencies needed for the issuance process. The City will need to approve the use of a CFD to acquire public facilities and the financing thereof, and enter into a joint community facilities agreement, acquisition agreement or similar agreement to receive the bond proceeds, and to meet the general requirements to maintain the tax exemption of interest on the bonds. CMFA adopts the resolutions needed to authorize and issue the special tax bonds and awards the sale to the bond underwriter.

Use of Bond Proceeds.

Once the bond issuance occurs, bond proceeds are available to be disbursed. The proceeds are held by a bond trustee and available, as directed by the developer and approved by the local agency, to be used to meet obligations to the City and other local agencies according to the structure and timing required for development approvals.

Pursuant to an acquisition agreement or similar document, the City will determine and agree to its role in inspecting and accepting infrastructure and/or payment of financed impact fees.

Underwriting for Bond Issuance.

The CFD may be formed early in the development process, with issuance of bonds at a later time or in multiple series. The following are the typical criteria for bond issuance. • Minimum 4:1 value-to-debt ratio overlapping (assessed or appraised) • No discretionary approvals required for build-out of the portion of the CFD directly relating to the bond security
• Entitlements received that are necessary for phase to be bonded • Financing plan for backbone infrastructure complete or imminent and/or performance bond in place
Credit criteria will be reviewed by the underwriting team on a case-by-case basis to ensure reasonable interest rates at the time of issuance. Additionally, similar credits can be pooled together into a single bond issue with pooling flexibility assuring the most costeffective bond issuance for each project.

Outsourced Administration of the Bonds and the CFO.

Administration of all aspects of the BOLD Program is handled by CMFA, without cost to or burden on the City. City staff time can and will be reimbursed by the participating developers upfront and by CMFA once bonds are issued.
3 137
Giving Back to Local Communities. CMFA shares a portion of its issuance fees directly with its member communities. In addition, a grant from a portion of the issuance fee is made to the California Foundation for Stronger Communities ("CFSC") to fund charities designated by the member communities. A portion of the annual fees received by CMFA are in turn directed to charitable activities within California communities, particularly those of members and participating local government agencies. This unique commitment to give back directly to the communities in which they operate sets CMFA apart from other JPA conduit issuers.

Bond Marketing.

Tax-exempt municipal bonds are sold through an offering document known as an Official Statement, which describes to potential purchasers of the bonds the terms, security and repayment of the bonds and details about the property securing the bonds. Since, prior to home sales, the land is owned by the developer, relevant information for the Official Statement needs to describe the developer and the development plan. The financing team will work with the developer to provide the required information and approve the final language to be provided to prospective bond buyers.

Disclosure of Special Tax to Home Buyers.

California law requires developers to disclose to home buyers the lien of any CFO special tax which will be present on the purchased property. The form of disclosure is simple and becomes part of the various sale documents presented to buyers for signature prior to a home sale.

FISCAL IMPACT:

There is no cost or liability for the City to join CMFA as a member. In addition, all of the costs and expenses related to the formation, issuance of bonds and ongoing administration for any CFD formed by the BOLD Program is the responsibility of CMFA and there is no liability or fiscal impact on the City. The City can be reimbursed for any staff time expended on the program.

CONCLUSION AND RECOMMENDATION:

The BOLD Program provides a cost-effective financing tool to support new development while ensuring that growth pays for the infrastructure and services it requires. It allows the City to leverage experienced bond professionals, conserve staff resources, and ensure public facilities are delivered in a timely and efficient manner.

The development community has expressed support for the City's participation in the program.
4 138
Reviewed by:
~'
Gary Bri~;l,~ rim City Manager
Attachments:

1. Resolution Joining the CMFA as a Member

2. CMFA JPA Agreement

3. Resolution Authorizing Use of CMFA's BOLD Program

4. Public Hearing Notice - October 1, 2025
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140
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING,

AUTHORIZING, AND DIRECTING EXECUTION OF

A JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement") in order to form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community development and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Los Banos (the "City") has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document.

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

Section 1. The Agreement is hereby approved and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk's designee is hereby authorized and directed to attest thereto.

Section 2. The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

Section 3. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
141
Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 4. This Resolution shall take effect immediately upon its passage.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 142

JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Initial Members"):

WITNESS ETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein "Bonds"), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
143
WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Municipal Finance Authority" for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2.

This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority's debts, liabilities and obligations.

Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Municipal Finance Authority" (the "Authority"), and said 144
Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.

B. BOARD.

The Authority shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director") of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the "Foundation"), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency ofthis Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.

All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.

Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.

The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds ( each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the 145
Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act ( commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act").
(2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
146
(4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.

A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in 147
connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7. Bonds.

From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority.

The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal 148
of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act.

In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. 149
Section 10. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.

Section 11. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and become Members upon: ( 1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.

Section 13. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys' fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
150
Section 14. Contributions and Advances.

Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement.

Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance.

It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otheIWise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit's or nonprofit organization's purposes.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed:
(a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.

Section 17. Effectiveness.

This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.
151
Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.
152
IN WITNESS WHEREOF, the City of Los Banos has caused this Agreement to be executed and attested by its duly authorized representatives as of the _ __ day of , 2025. -------
Member:

CITY OF LOS BANOS
By: ______ __________ _
Name:

Title:

ATTEST:

By: --- ------------ Name:

Title:
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THIS PAGE IS INTENTIONALLY LEFT BLANK
154
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING USE OF

THE BOND OPPORTUNITIES FOR LAND
DEVELOPMENT ("BOLD") PROGRAM AND

AUTHORIZING THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY TO ACCEPT

APPLICATIONS FROM PROPERTY OWNERS,

CONDUCT PROCEEDINGS AND LEVY SPECIAL

TAXES WITHIN THE TERRITORY OF CITY OF

LOS BANOS PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AS
AMENDED; AND AUTHORIZING RELATED

ACTIONS
WHEREAS, the California Municipal Finance Authority (the "CMFA") is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California (the "State"); and WHEREAS, the City of Los Banos (the "City") has adopted on the date hereof a resolution to join the CMFA as a member; and
WHEREAS, the CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to allow the financing of certain public facilities and/or certain development impact fees that finance public facilities (together, the "Improvements") levied by local agencies in the State through the levy of special taxes under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, the CMFA from time to time may be requested by owners of land within the City to utilize the BOLD Program for the financing of Improvements related to new development within the City, which Improvements will be financed for acquisition by the City or to finance impact fees payable to the City in connection with new development; and
WHEREAS, the City desires to allow the owners of property to be developed within the City to participate in the BOLD Program ("Participating Developers") and to allow the CMFA to conduct proceedings under the Act to form community facilities districts ("CFDs") from time to time under the Act, to levy special taxes within such CFDs, and to issue bonds secured by such special taxes under the Act to finance the Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes and the issuance of such bonds; and 1 155
WHEREAS, property owners within the jurisdiction of the City may in the future elect to be Participating Developers upon obtaining approval of the CMFA, and the CMFA may conduct proceedings under the Act to form a CFO, levy special taxes within such CFO and issue bonds secured by such special taxes to finance Improvements; and WHEREAS, the City will not be responsible for the conduct of any proceedings under the Act for the formation of any CFO, the levy or collection of special taxes for any CFO or any required remedial action in the case of delinquencies in any special tax payments, or the issuance, sale or administration of any bonds issued in connection with the BOLD Program; and
WHEREAS, the City finds that the BOLD program offered by the CMFA can provide significant public benefits, and in conformance with Government Code Section 6586.5 relating to the issuance of bonds by a joint powers authority of which the City is a member, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the bond financing of the Improvements from time to time; and
WHEREAS, bonds of BOLD Program CFDs are issued through CMFA, with no involvement of the City needed other than approving the use of the program and, prior to actual issuance of bonds, entering into an agreement to acquire the public facilities or fees to be paid for with the bond proceeds; CMFA authorizes and issues the bonds in their name and awards their sale to the bond underwriter (Piper Sandler & Co.) per the underwriter's credit requirements; CMFA's financing team provides the bond documentation and the Official Statement through its bond counsel, Jones Hall; and WHEREAS, by participating in the BOLD Program, the City will not be liable to repay the bonds issued by CMFA or the special taxes imposed on the participating properties and has no contractual relationship with bond owners or the bond trustee; and WHEREAS, upon issuance of the bonds, proceeds are a funding source for direct payment of impact fees or to otherwise reimburse developer costs for public facilities associated with new development; once the bond issuance occurs, bond proceeds are available to be disbursed pursuant to a joint community facilities agreement and/or acquisition agreement between CMFA and the City for each project, the form of which is subject to approval by City staff, and the bond proceeds are held by a bond trustee or fiscal agent and become available to a Participating Developer as directed by the City for use on public capital improvements benefitting development in the City.

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

Section 1. The use of the BOLD Program in connection with the financing of Improvements is hereby authorized and approved. The appropriate officials and staff are hereby authorized and directed to allow BOLD Program participation to be available to 2 156
property owners who are subject to the payment of fees for new development and/or who are conditioned to install public improvements in connection with new development.

Section 2. The City hereby finds and declares that the issuance of bonds by the CMFA in connection with the BOLD Program will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.

Section 3. In connection with the issuance of bonds from time to time by the CMFA for the BOLD Program, a form of acquisition agreement, joint community facilities agreements or similar agreement will be required to be entered into, and the form of such agreement will be subject to approval by the City Manager or his or her designee. The City Council finds and declares that entrance into each such agreement will constitute a "joint community facilities agreement" for purposes of the Act and shall be beneficial to residents of the City. Any such agreement may include, directly or by reference, City standards, policies and procedures applicable to the financing of public facilities constructed by developers for acquisition by the City.

Section 4. The appropriate officials and staff of the City are hereby authorized and directed to allow and approve BOLD Program participation by requesting property owners that are required to install public improvements and/or the payment of fees in connection with new development in the City, including signing developer applications or other documents evidencing the official intent of the City to reimburse itself in connection with each project from the proceeds of tax-exempt obligations issued by CMFA as part of the BOLD Program, and to advise such owners requesting participation in BOLD that the City has approved the BOLD Program; provided, that the CMFA shall be responsible for providing applications and processing of documentation and related materials at its own expense.

Section 5. This Resolution shall take effect immediately upon its adoption. The City Clerk of the City Council is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of CMFA.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
3 157
Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
4 158
LOs Banos
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~ao:-----------.----....::---=-"!!=-.... ---~----...::---~---11!2 Date:

Re:

Proposal:

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
October 1, 2025
Notice of Public Hearing
BOLD Program
NOTICE IS HEREBY GIVEN that on Wednesday, October 15, 2025, a public hearing will be held with respect to the proposed participation by the City of Los Banos (the "Local Agency") in the Bond Opportunities for Land Development ("BOLD") program of the California Municipal Finance Authority. Participation in said program will enable property owners to finance public capital improvements and/or development impact fees for public capital improvements imposed on new development within the boundaries of the Local Agency. Said public capital improvements, if financed, will be among the public capital improvements required in connection with a given development project. Said development impact fees, if financed, will be used by the Local Agency to pay for public capital improvements which will serve the Local Agency, and which will be of a type and nature authorized under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.). Participation in said program does not itself authorize the Local Agency to impose additional public capital improvements or new or additional development impact fees on any property owner.

The hearing will commence at 6:00 pm, or as soon thereafter as the matter can be heard, and will be held at Los Banos City Hall Council Chambers, 520 J Street, Los Banos, California. Interested persons wishing to express their views on the participation in such program and the financing of public capital improvements and/or development impact fees as described above will be given an opportunity to do so at the public hearing or may, prior to the time of the hearing, submit written comments to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

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

THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
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160
TO:

FROM:

DATE:

LOsBanos
\ttl1· ,,
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ October 15, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Award of Progressive Design-Build Agreement for the Los Banos Civic Center to Swinerton Builders and The Taylor Group Architects Recommendation:

Adopt a resolution approving and authorizing the Interim City Manager to execute the Standard Agreement between the City of Los Banos and Swinerton Builders and The Taylor Group Architects for Progressive Design-Build Services for the Los Banos Civic Center Project in an amount not to exceed $7,800,000 with a contingency in the amount of $200,000.00, and to authorize the Interim City Manager to make minor modifications as necessary to carry out the intent of the agreement.

Background:

The City of Los Banos issued a Request for Qualifications (RFQ) on July 30, 2025, seeking qualified Progressive Design-Build Entities (PDBEs) to design and construct the Los Banos Civic Center Project. The key component of the project is a comprehensive renovation of the former Police Department Annex at 535 J Street into a Development Services Center (DSC). The new DSC will serve as a centralized "one-stop shop" for planning, building, engineering, fire Prevention, housing, and economic development services, making it easier for customers, vendors, and developers to access everything in one location.
1 161
ITEM 9
The project also includes the reuse of the old Police Station properties based on a feasibility study, and modernization improvements at City Hall to update workspaces, cubicles and electrical systems. These upgrades will enhance efficiency, customer service, and interdepartmental collaboration.

The City utilized a two-part qualifications-based selection process pursuant to California Government Code Section 1332.19 and Public Contract Code Section 10198, consistent with Progressive Design-Build (PDB) procurement.

The City received three (3) Statements of Qualifications (SOQs) in response to the RFQ by the September 4, 2025 deadline:

1. Diede Construction, Inc.

2. Fortune-Ratliff General Contractors, Inc. I Paul Halajian Architects

3. Swinerton Builders / The Taylor Group Architects
An evaluation panel consisting of six (6) City staff members representing the Finance Department, Public Works Department, Fire Department, and Community & Economic Development Department reviewed and scored the SOQs.

The evaluation criteria included:
• Organizational structure and proposed Progressive Design-Build Team; • Key personnel qualifications and experience;
• Demonstrated experience with Progressive Design-Build delivery; • Record of completing projects of similar size, scope, and complexity; • Project management and communication approach;
• Safety record and compliance history;
• Litigation and claims history;
• Capacity to meet project budget and schedule requirements; and • Demonstrated understanding of the City's project vision and critical success factors.

The evaluation panel objectively reviewed and scored the SOQs according to these criteria. The total scores were compiled, and the top two ranked design teams were identified as:

1. Fortune-Ratliff General Contractors, Inc. / Paul Halajian Architects

2. Swinerton Builders / The Taylor Group Architects
Both design teams were invited to participate in confidential interviews on September 18, 2025, with the evaluation panel. During these interviews, the design teams presented their project approach, design philosophy, collaboration strategies, and understanding of the City's goals for functionality, budget control, and architectural identity. 2 162
Following the interviews, each design team submitted a written recap and project understanding summary on September 26, 2025.

Based on scoring from the SOQs, confidential interviews, and project understanding recaps, Swinerton Builders and The Taylor Group Architects were recommended by the evaluation panel as the most qualified Progressive Design-Build Entity. Their proposal demonstrated a comprehensive understanding of the project's challenges, a collaborative design process, and extensive experience in delivering civic and adaptive reuse projects under the Progressive Design-Build model.

Discussion:

Progressive Design-Build Delivery Method
The Progressive Design-Build method integrates both design and construction services under one contract and entity, allowing the City to collaborate with the design-builder early in the process to refine scope, manage costs, and establish a Guaranteed Maximum Price (GMP) prior to construction.

This method provides several advantages:
• Collaboration and Flexibility: Early coordination between the City, architect, and builder during design reduces change orders and delays. • Cost Control: The project budget is established up front, with Swinerton and The Taylor Group responsible for developing a GMP that cannot be exceeded without City approval.
• Schedule Efficiency: Design and construction phases can overlap, allowing the project to move forward more efficiently.
• Accountability: A single point of responsibility ensures design integrity, cost containment, and schedule adherence.

Scope of Work
The awarded agreement encompasses two major phases:

1. Preconstruction Phase (5 months):
o Site and building assessment
o Programming and conceptual design
o Cost estimation and constructability reviews
o Schedule development
o Collaboration with City staff to finalize design documents and establish a GMP

2. Progressive Design-Build Phase (15 months):
o Final design development and permitting
o Construction of the new Development Services Center
o Determine direction for Police Station
3 163
o Modernization of City Hall offices and workspaces
o Commissioning and project closeout
The Progressive Design-Build Budget for the full project is $7,800,000.00, consistent with the City's established project budget. Staff is recommending a contingency in the amount of $200,000.00 in consideration of potential unforeseen impacts during the construction period.

Qualifications and Experience
Swinerton Builders is a nationally recognized builder with more than 135 years of experience delivering large-scale civic, institutional, and public facilities across California.

The firm is known for its technical expertise in Progressive Design-Build delivery, sustainable construction practices, and ability to deliver complex renovation projects in occupied environments. Swinerton's recent municipal experience includes city halls, police and fire stations, and community service centers throughout the Central Valley and Bay Area.

The Taylor Group Architects (TTG), headquartered in Fresno, specializes in public-sector architecture, including civic buildings, educational campuses, and historic rehabilitation projects. TTG's design philosophy emphasizes functional efficiency, design excellence, and preservation of architectural heritage. Their experience with mid-century modern and adaptive reuse projects directly aligns with the Civic Center's historic downtown setting and the City's vision for distinctive, enduring civic facilities.

The Swinerton/ TTG team, previously collaborated with City staff on the successful construction of the new Los Banos Police Station.

Environmental Assessment:

Pursuant to the California Environmental Quality Act (CEQA), the Los Banos Civic Center Project is categorically exempt from further environmental review under CEQA Guidelines Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).

The project consists of interior renovations and upgrades to an existing public facility (the former Police Annex at 535 J Street), reuse of the adjacent former Police Station (945 Fifth Street), and interior workspace modernization at City Hall (520 J Street). These actions constitute minor alterations to existing public structures and replacement of existing facilities with new facilities of substantially the same size, purpose, and use.

All improvements will occur on existing developed City-owned sites within the urbanized downtown area where utilities and services are already available. The project will not increase operational capacity or expand use beyond current levels.

Therefore, staff recommends the City Council find the project exempt from CEQA under Sections 15301 and 15302.
4 164
Fiscal Impact:

The total not-to-exceed amount for the Progressive Design-Build Agreement with Swinerton Builders and The Taylor Group Architects is $7,800,000.00, and contingency in the amount of $200,000.00. The City Council committed in Fiscal Year 2025-2026 adopted budget $8,000,000.00 of the General Fund for the Police Annex Renovation/ City Hall Improvements/ Old Police Station Facility.

Reviewed by:

Ga~is ~ City Manager
Attachments:

1. Resolution

2. Standard Agreement

3. Swinerton/TTG Recap & Project Understanding Summary
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166
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE AWARD

OF CONTRACT TO SWINERTON BUILDERS AND

THE TAYLOR GROUP ARCHITECTS FOR THE

LOS BANOS CIVIC CENTER PROJECT AND

FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City of Los Banos ("City") issued a Request for Qualifications (RFQ) on July 30, 2025, seeking qualified Progressive Design-Build Entities (PDBEs) to design and construct the Los Banos Civic Center Project; and WHEREAS, the Los Banos Civic Center Project will renovate the existing Cityowned building at 535 J Street (former Police Department Annex) into a new Development Services Center consolidating multiple public service divisions, and includes the feasibility and reuse of the former Police Station at 945 Fifth Street, and interior improvements to City Hall at 520 J Street; and WHEREAS, the City utilized a two-step qualifications-based selection process in accordance with Government Code Section 1332.19 and Public Contract Code Section 10198, to select the most qualified Progressive Design-Build Entity; and WHEREAS, following evaluation and interviews, Swinerton Builders and The Taylor Group Architects were determined to be the most qualified team based on demonstrated experience, technical capability, and qualifications; and WHEREAS, the City and Swinerton Builders and The Taylor Group Architects have negotiated a Standard Agreement for Progressive Design-Build Services in an amount not to exceed Seven Million Eight Hundred Thousand Dollars ($7,800,000); and WHEREAS, City staff requests that the City Council authorizes a contingency in the amount of $200,000.00; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the project qualifies for a Categorical Exemption under Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction), as the project consists of the renovation, interior improvements, and minor reconstruction of existing City facilities with substantially the same purpose and capacity and located on previously developed urban sites; and
1 167
WHEREAS, the City Council has independently reviewed and considered the project and determined that the project will not result in any significant environmental effects and no exceptions to the categorical exemptions apply under CEQA Guidelines Section 15300.2.

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

1. Find and determine that the Los Banos Civic Center Project is categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

2. Approve and authorize the City Manager to execute the Standard Agreement between the City of Los Banos and Swinerton Builders and The Taylor Group Architects for Progressive Design-Build Services for the Los Banos Civic Center Project (Project No. 26-CED-0001) in an amount not to exceed $7,800,000, in a form approved by the City Attorney.

3. Approve and authorize a contingency in the amount of $200,000.00.

4. Authorize the City Manager or designee to make minor modifications as necessary to carry out the intent of the agreement and to execute all related documents necessary for project implementation including the contingency.

5. Direct staff to file a Notice of Exemption with the Merced County Clerk in accordance with CEQA Guidelines Section 15062.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of October 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 168

STANDARD AGREEMENT AGREEMENT NUM BER
[x] CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED~PAGES REGISTRATION NUMBER

1. This Agreement is entered into between the City of Los Banos and the Contractor named below:

Swinerton Builders and The Taylor Group Architects

CONTRACTOR'S NAM E

2. The term of this Agreement: From the date of Approval by City of Los Banos as indicated by the approval stamp in the lower right-hand corner of this page and continuing for twenty (20) months.

3. The maximum amount of this Agreement is: $ 7,800,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, which are, by this reference, made a part of the Agreement.

Articles
Exhibit A
Exhibit B
Exhibit B-1
Exhibit C
Exhibit C-1
Exhibit D
Los Banos Civic Center
City of Los Banos
Project No. 26-CED-0001
One through Nine
Scope of Services
Budget Detail and Payment Provisions
Contractor Team
General Terms & Conditions
Certifications
Prevailing Wage Requirement
Items shown with an Asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.)

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Los Banos City CouncilOctober 15, 2025

Los Banos City Council
October 15, 2025