Agenda packet — Los Banos City Council, November 19, 2025 (part 1 of 2)

LOsBanos
At t1te Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
NOVEMBER 19, 2025 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
If you require special assistance or translation services to attend or participate in this meeting, please calf 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 1/ame 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 de/ Ayuntamiento respecto a cua/quier articulo en este orden de/ dia sera hecho disponible para la inspecci6n publica 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 norma/es. Ademas, tales escrituras y /os documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org .
........... •••••••••••••••••••••••••••• ·································· ... •••••••••••••••••••••••••••••••••••••••••••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to ~he 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 ~ebsite for public review. Agenda packets can be found on the ~ity's w~bsite at the ... -·-· • ·-·- ·-· - ·-----. ··- - ·-· Joll9w(ng link: https://losbanos .org/category/city-council/ Los Banos City Council Agenda - November 19, 2025 Page 1 of 5 1 1. CALL TO ORDER - November 19, 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 - By the Housing Authority of Merced County Regarding the Senior Tiny Homes Development in Los Banos.

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

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 #254495 -#254914 in the Amount of $1,379,596.63.

Recommendation: Approve the check register as submitted.

8. City Council Meeting Minutes for October 1, 2025.

Recommendation: Approve the minutes as submitted.

C. City Council Meeting Minutes for October 15, 2025.

Recommendation: Approve the minutes as submitted.

D. City Council Meeting Minutes for November 5, 2025.

Recommendation: Approve the minutes as submitted.

E. City Council Resolution No. 7017 - Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF).

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - November 19, 2025 Page 2 of 5 pgs. 1-6
pgs. 7-8
pgs. 9-12
pgs. 13-22
pgs. 23-32
pgs. 33-46
pgs. 47-52
F. City Council Resolution No. 7018 - Accepting the Transportation Development Act (TOA) Funds Financial Statement for the Years Ended June 30, 2019 and 2018 as Prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) Auditors.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 7019 - Authorizing the Submittal of an Application, Acceptance of an Allocation of Funds, and Execution of a Grant Agreement with the California Department of Transportation for an Airport Improvement Program (AIP) Matching Grant, Increasing the Amount by $3,515.00 and Amending the Fiscal Year 2025-2026 Budget.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 7020 - Acting as the City of Los Banos Groundwater Sustainability Agency (GSA), Approving the Delta-Mendota Subbasin Domestic Well Mitigation Policy.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 7021 - Acting as the City of Los Banos Groundwater Sustainability Agency (GSA), Authorizing the City Manager to Execute the Revised Delta-Mendota Subbasin Memorandum of Agreement.

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 7022 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section A - Administration - Adding Legal Assistant and Amending the FY 2025-2026 Budget by Approximately $63,753 as it Pertains to Salary and Benefits.

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 2025 California Fire Standards Code, Local City of Los Banos Amendments to the Building Standards Code.
1) Ordinance No. 1211 - Adopting by Reference the 2025 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto. (Second Reading & Adoption)
Recommendation: Receive staff report, open the public hearing, close the public hearing, waive the second reading, and adopt the ordinance as submitted.

Los Banos City Council Agenda- November 19, 2025 Page 3 of 5 pgs. 53-74
pgs. 75-80
pgs. 81-94
pgs. 95-132
pgs. 133-138
pgs. 139-178
B. Public Hearing - To Receive Public Comment and Consideration of the 2025 California Building Standards Code, Local City of Los Banos Amendments to the Building Standards Code.
1) Ordinance No. 1212 - Adopting by Reference the 2025 Edition of the California Building Standard Codes by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. (Second Reading & Adoption) Recommendation: Receive staff report, open the public hearing, close the public hearing, waive the second reading, and adopt the ordinance as submitted.

9. CONSIDERATION OF ADOPTION OF CITY COUNCIL ORDINANCE NO. 1213 - ADDING ARTICLE 49 TO TITLE 9, CHAPTER 3 OF THE LOS BANOS

MUNICIPAL CODE - REGIONAL HOUSING NEEDS ASSESSMENT OVERLAY DISTRICT. (Second Reading & Adoption)
Recommendation: Receive staff report, waive the second reading, and adopt the ordinance as submitted.

10. CONSIDERATION OF POLICY PRIORITY AND APPOINTMENT OF DELEGATE TO ATTEND THE 2026 MCAG ONE VOICE PROGRAM.

Recommendation: Receive staff report and direction from the City Council on how to proceed. 11 . CITY DEPARTMENT REPORTS.

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

12. CITY MANAGER REPORT.

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

13. CITY COUNCIL MEMBER REPORTS.

A. Evan Sanders - District 2
B. Marcus Chavez - District 3
Los Banos City Council Agenda - November 19, 2025 Page 4 of 5 pgs. 179-196
pgs. 197-204
pgs. 205-224
C. Deborah Lewis - District 4
D. Mitzy Perez - District 1
E. Michael Amabile - Mayor

14. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.

Lucille
~~
L. Mallonee,
-I. ~
City Clerk Dated this 14th day of November 2025
Los Banos City Council Agenda-November 19, 2025 Page 5of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 TO:

FROM:

DATE:

LOsBanos
I I I I ' ( I ) fC a I O { ( I I If O I I I
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ November 19, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Presentation by the Housing Authority of Merced County Regarding the Senior Tiny Homes Development in Los Banos
Recommendation:

Informational item only. No action is required.

Background:

The Housing Authority of Merced County will be providing an informational presentation to the City Council regarding their first senior tiny homes development in the City of Los Banos. The project represents an innovative approach to addressing senior housing needs by offering affordable, accessible, and efficiently designed living units tailored for older adults on fixed incomes.

Discussion:

The presentation will provide an overview of the senior tiny homes development in Los Banos. The project aligns with regional and local goals to expand affordable housing opportunities and diversity the range of housing options available to Los Banos residents.

Merced County Housing Authority staff will be available to answer questions from the City Council following their presentation.
1 7
ITEM 5
Reviewed bv:

Soknirorn Than, City Manager
2 8
CK# 254495 - # 25491411/19/2025 $1,379,596.63
Los Banos Ar th,· Crossro;,Js <rj <.al1fornla
Chek Number Payment Date Vendor Module Payment Type Payment Amount J,_~4495 10/31/2025 Anabasis LLC Accounts Payable Check 146,381.87 ,254496 10/31/2025 Apex Annex Health Center, Inc. Accounts Payable Check 1,305.00 75449?. 10/31/2025 Sara Blevins Accounts Payable Check 523.75 254498 10/31/2025 John Butler Accounts Payable Check 175.00 25449~ 10/31/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 400.00 254500 10/31/2025 Marc Heguy Accounts Payable Check 60.01 254501 10/31/2025 Laboratory Corporation of America Holdings Accounts Payable Check 397.95 254502 10/31/2025 Brian Laguna Accounts Payable Check 630.00 254503 10/31/2025 Liebert Cassidy Whitmore Accounts Payable Check 1,092.50 254504 10/31/2025 Juan Lopez Accounts Payable Check 86.00 £?450'.'> 10/31/2025 Los Ba nos High School - Boys Soccer Accounts Payable Check 3,500.00 I.?±506 10/31/2025 Los Ba nos High School - Girls Soccer Accounts Payable Check 2,000.00 2545Q2 10/31/2025 Lucky Plumbing & Rooter LLC Accounts Payable Check 775.00 l,54508 10/31/2025 Marina Landscape, Inc. Accounts Payable Check 24,809.14 254509 10/31/2025 Mid Valley Truck School, LLC Accounts Payable Check 3,200.00 254510 10/31/2025 Pacheco High School Volleyball Accounts Payable Check 567.50 254511 10/31/2025 Chetna Patel Accounts Payable Check 901.60 ~4512 10/31/2025 Dana Rawls Accounts Payable Check 20.00 254513 10/31/2025 Ronny's Inc. Accounts Payable Check 33,368.66 2545!~ 10/31/2025 Todd Silva Accounts Payable Check 105.00 254516 10/31/2025 State Water Resources Control Board Accounts Payable Check 80.00 254517 10/31/2025 Jose Torres Accounts Payable Check 98.00 254518 10/31/2025 Randy Williamson Accounts Payable Check 178.59 254519 10/31/2025 Youth Evolution Activites Accounts Payable Check 1,664.00 254520 10/31/2025 Anderson Pump Company Inc Accounts Payable Check 2,080.00 254521 10/31/2025 APLPD Holdco, Inc. Accounts Payable Check 348.86 254522 10/31/2025 Anrak Corporation Accounts Payable Check 9,745.00 254523 10/31/2025 Arkance USA LLC Accounts Payable Check 5,940.00 254524 10/31/2025 AT&T Accounts Payable Check 2,114.62
_?54525 10/31/2025 Erica Alvarez Accounts Payable Check 500.00 254526 10/31/2025 Backflow Apparatus & Valve Co. Accounts Payable Check 130.30 254527 10/31/2025 BlueTriton Brands, Inc. Accounts Payable Check 64.44

7._54528 10/31/2025 Boot Barn Accounts Payable Check 171.27 254529 10/31/2025 Bound Tree medical LLC Accounts Payable Check 371.98 254530 10/31/2025 Bruce's Tire Inc Accounts Payable Check 270.43 ~45.31 10/31/2025 BSK Associates Accounts Payable Check 1,040.54 25453?, 10/31/2025 California Building Standards Commission Accounts Payable Check 956.70 254533 10/31/2025 CENCAL Machine & Fabrication Inc. Accounts Payable Check 559.17 254534 10/31/2025 Core Business Interiors Accounts Payable Check 13,810.72 2545~ 10/31/2025 Comcast Accounts Payable Check 440.02
254536 10/31/2025 LN Curtis & Sons Accounts Payable Check 790.18 254537 10/31/2025 Cobalt Power Systems Inc. Accounts Payable Check 75.09 254538 10/31/2025 Dos Palos Publishing Company Accounts Payable Check 240.00 254539 10/31/2025 Dept of Conservation Div of Ad min Services Accounts Payable Check 2,766.23 254540 10/31/2025 Kevin Downs Accounts Payable Check 200.00 l.54541 10/31/2025 E.M.S. Electrical Solutions, Inc. Accounts Payable Check 6,951.56 2'.'>4542 10/31/2025 F S Rod Inc Accounts Payable Check 9,487.50 254543 10/31/2025 Fehr & Peers Accounts Payable Check 17,058.31 254544 10/31/2025 Fresno City College Accounts Payable Check 317.00 9 ITEM 7A
254545 10/31/2025 Granite Construction Inc Accounts Payable Check 14,624.20 254546 10/31/2025 Halo Branded Solutions Inc. Accounts Payable Check 848.83 254547 10/31/2025 JB Anderson Land Use Planning Accounts Payable Check 49,753.44 254548 10/31/2025 J.J.R. Enterprises Inc. Accounts Payable Check 144.90 254549 10/31/2025 Killingsworth Gear Accounts Payable Check 361.00 254550 10/31/2025 Language Line Services Accounts Payable Check 19.74 254551 10/31/2025 LC Action Police Supply, LTD Accounts Payable Check 827.70 254552 10/31/2025 Los Banos Veterinary Services Accounts Payable Check 5,846.74 254553 10/31/2025 Mark Thomas & Company. Inc. Accounts Payable Check 625.17 254554 10/31/2025 Tires to you Inc Accounts Payable Check 10,469.74 25455:i 10/31/2025 Marfab Inc Accounts Payable Check 25.00 254556 10/31/2025 McNamara Sports Inc Accounts Payable Check 1,862.59 754557 10/31/2025 Monterey Auto Services Inc. Accounts Payable Check 190.00 2545~ 10/31/2025 NON International LLC Accounts Payable Check 2,490.12 254559 10/31/2025 David Oliveira Accounts Payable Check 1,131.25 254566 10/31/2025 O'Reilly Auto Parts Accounts Payable Check 123.91 254567 10/31/2025 Peninsula Clean Energy Authority Accounts Payable Check 30,005.01

2.54568 10/31/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 10,330.85 2545@ 10/31/2025 Jeremy Rahn Accounts Payable Check 1,020.13 ~45I_Q 10/31/2025 Ronny's Inc. Accounts Payable Check 2,672.99 f?_§J_.! 10/31/2025 Yanet Reyes Accounts Payable Check 600.00 254572 10/31/2025 Save Mart Supermarkets Accounts Payable Check 204.70 254573 10/31/2025 Sherwin Williams Co Accounts Payable Check 455.42 254574 10/31/2025 Robert & Susan Hansen Accounts Payable Check 102.31 254575 10/31/2025 Sorensens True Value Accounts Payable Check 1,378.55 254577 10/31/2025 Stantec Consulting Services, Inc. Accounts Payable Check 1,665.50 254578 10/31/2025 Moon Schwenke Accounts Payable Check 500.00 254579 10/31/2025 Talley Oil Inc. Accounts Payable Check 2,249.82 254580 10/31/2025 T-Mobile USA Inc. Accounts Payable. Check 270.06 254581 10/31/2025 Terryberry Company LLC Accounts Payable Check 507.56 254582 10/31/2025 US Bank Corp Pymt System Accounts Payable Check 53,591.23 254584 10/31/2025 Vestis Group, Inc. Accounts Payable Check 750.75 254585 10/31/2025 Vestis Accounts Payable Check 1,673.73 254597 10/31/2025 Imagine Way More LLC Accounts Payable Check 7,500.00 254598 11/03/2025 Stefanie Rubio Accounts Payable Check 471.62 254610 11/07/2025 Agile Occupational Medicine PC Accounts Payable Check 125.00 254611 11/07/2025 Apex Annex Health Center, Inc. Accounts Payable Check 1,270.00 254612 11/07/2025 AT&T Mobility Accounts Payable Check 5,428.50 254613 11/07/2025 Miguel Barrera Accounts Payable Check 167.03 254614 11/07/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 2546:12 11/07/2025 Daniel Freeman Accounts Payable Check 325.00 254616 11/07/2025 KD Medical Group, Inc. Accounts Payable Check 68.00 254617 11/07/2025 Liebert Cassidy Whitmore Accounts Payable Check 7,120.00 254618 11/07/2025 Jennifer Loa Accounts Payable Check 55.00 254619 11/07/2025 Lucille L Mallonee Accounts Payable Check 373.80 ~4620 11/07/2025 Christy McCammond Accounts Payable Check 55.00 254621 11/07/2025 Merced County Clerk Accounts Payable Check 50.00 254622 11/07/2025 Gerald "Obie" O'Brien Accounts Payable Check 77.14 254623 11/07/2025 Redstone Construction, Inc Accounts Payable Check 170,320.90 754§_2_1 11/07/2025 Rolfe Construction Inc. Accounts Payable Check 162,604.85 254625 11/07/2025 Ronny's Inc. Accounts Payable Check 78,452.47 ~4621;! 11/07/2025 Zachary Sawyer Accounts Payable Check 325.00 25462_2 11/07/2025 Hector Silva Accounts Payable Check 550.00 254630 11/07/2025 John P. Soares Accounts Payable Check 785.60 154631 11/07/2025 Jennifer Topete Accounts Payable Check 1,136.00 2_~'4632 11/07/2025 Law Offices of William A Vaughn Accounts Payable Check 14,700.00 2546_:Ll_ 11/07/2025 Allstar Fire Equipment Accounts Payable Check 929.60 J2~§1 11/07/2025 Alves Management, Inc Accounts Payable Check 490.00 10 254635 11/07/2025 Animal Damage Management, Inc. Accounts Payable Check 4,701.00 254638 11/07/2025 Anthony Gomes Accounts Payable Check 1,042.80 254639 11/07/2025 Associates Lock & Safe Accounts Payable Check 234.74 254640 11/07/2025 AT&T Mobility National Accounts, LLC Accounts Payable Check 175.00 254641 11/07/2025 AT&T Accounts Payable Check 360.55
254642 11/07/2025 Beam Insurance Administrators LLC Accounts Payable Check 23,777.87 254643 11/07/2025 Best Best & Krieger Accounts Payable Check 4,508.50 254644 11/07/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 250.00 254645 11/07/2025 Boot Barn Accounts Payable Check 616.48 254646 11/07/2025 Brinks Inc. Accounts Payable Check 1,008.28 254647 11/07/2025 Stericycle Inc Accounts Payable Check 229.48 254648 11/07/2025 BS K Associates Accounts Payable Check 1,382.58 25464_~ 11/07/2025 Cintas Corporation No.2 Accounts Payable Check 430.81 J54650 11/07/2025 Central Valley Concrete Inc. Accounts Payable Check 3,151.48 J_~651 11/07/2025 Coffee Break Service Inc. Accounts Payable Check 103.76 254652 11/07/2025 Comcast Accounts Payable Check 161.60 25465~ 11/07/2025 Copy Shipping Solutions Accounts Payable Check 241.40 254654 11/07/2025 City of Los Ba nos Utility Accounts Payable Check 53,773.62 2546~~ 11/07/2025 Alessandra Coninck Accounts Payable Check 50.00 25462_§ 11/07/2025 DBT Transportation Services LLC Accounts Payable Check 5,974.00 254657 11/07/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 254658 11/07/2025 Rick Andrew Diaz Accounts Payable Check 375.00 254659 11/07/2025 Daniel Estrada Accounts Payable Check 500.00 254660 11/07/2025 F S Rod Inc Accounts Payable Check 11,175.00 254661 11/07/2025 Federal Express Corporation Accounts Payable Check 57.72 254662 11/07/2025 Foster & Foster Consulting Actuaries, Inc. Accounts Payable Check 2,750.00 254663 11/07/2025 Frasier Irrigation a Div. of Landmark Irrigation Accounts Payable Check 267.52 254664 11/07/2025 Fun Express LLC Accounts Payable Check 567.08 254665 11/07/2025 GoTo Communications, Inc. Accounts Payable Check 3,948.58 254666 11/07/2025 Government Revenue Solutions Holdings I, LLC Accounts Payable Check 1,584.71 254667 11/07/2025 Granite Construction Inc Accounts Payable Check 17,967.88 254668 11/07/2025 Halcyon Creek Inc. Accounts Payable Check 5,177.59 254669 11/07/2025 Hoffman Electronic Systems Accounts Payable Check 258.90 254670 11/07/2025 Jerry Witt Accounts Payable Check 2,389.00 254671 11/07/2025 J.J.R. Enterprises Inc. Accounts Payable Check 3,618.35 254672 11/07/2025 Jorgensen & Sons Inc. Accounts Payable Check 555.77 254673 11/07/2025 KnowBe4, Inc. Accounts Payable Check 1,544.40 ~,i574 11/07/2025 Stephanie Kusayanagi-Dees Accounts Payable Check 50.00 254675 11/07/2025 Oscar Daniel Figueroa Martinez Accounts Payable Check 1,500.00 254676 11/07/2025 Matson Alarm Co Inc Accounts Payable Check 215.00 I?4677 11/07/2025 Monterey Auto Services Inc. Accounts Payable Check 50.00 ~<167~ 11/07/2025 MOM Construction Inc. Accounts Payable Check 786.86 254679 11/07/2025 Napa Auto Parts of Los Banos Accounts Payable Check 475.18 254680 11/07/2025 O'Dell Engineering Accounts Payable Check 8,400.00 254681 11/07/2025 OSE Accounts Payable Check 2,873.83
254682 11/07/2025 David Oliveira Accounts Payable Check 51.75 254683 11/07/2025 O'Reilly Auto Parts Accounts Payable Check 209.73 254684 11/07/2025 Kassidy O'Keefe Accounts Payable Check 350.00 254685 11/07/2025 PG&E Company Accounts Payable Check 18,043.02 254686 11/07/2025 Phoenix Group Information Systems Accounts Payable Check 2,617.48 254687 11/07/2025 Purchase Power Inc Accounts Payable Check 3,379.98 254688 11/07/2025 Protech Security & Electronics, Inc. Accounts Payable Check 450.00 254689 11/07/2025 Juan Perez Accounts Payable Check 50.00 254690 11/07/2025 Jacqueline Pimentel Accounts Payable Check 350.00 254691 11/07/2025 Jeremy Rahn Accounts Payable Check 1,784.19 254692 11/07/2025 Reliance Standard Life Insurance Company Accounts Payable Check 6,687.12 254994 11/07/2025 Save Mart Supermarkets Accounts Payable Check 111.79 ~~§95 11/07/2025 SHI International Corp Accounts Payable Check 26.05 11 254696 11/07/2025 Sorensens True Value Accounts Payable Check 743.87 254698 11/07/2025 Stantec Consulting Services, Inc. Accounts Payable Check 82,445.00 254699 11/07/2025 Samantha Sanchez Accounts Payable Check 600.00 254700 11/07/2025 T-Mobile USA Inc. Accounts Payable Check 252.72 254701 11/07/2025 Terryberry Company LLC Accounts Payable Check 143.61 254702 11/07/2025 Terminix Processing Center Accounts Payable Check 118.00 254703 11/07/2025 CalMat Co. Accounts Payable Check 308.31 254704 11/07/2025 Estela Tiscareno Accounts Payable Check 50.00 254705 11/07/2025 United Site Services, Inc. Accounts Payable Check 133.25 2547Q§ 11/07/2025 Stephanie Pereira Accounts Payable Check 1,673.00 254707 11/07/2025 USA Blue Book Accounts Payable Check 1,323.49 254708 11/07/2025 Vanir Construction Management, Inc. Accounts Payable Check 11,200.00 254709 11/07/2025 Vestis Group, Inc. Accounts Payable Check 42.08 254710 11/07/2025 Vestis Accounts Payable Check 576.21
254,?11 11/07/2025 Verizon Wireless Accounts Payable Check 576.71 Z?4712 11/07/2025 West Publishing Corporation Accounts Payable Check 548.07 254713 11/07/2025 Westwood Professional Services, Inc. Accounts Payable Check 32,459.50 254714 11/07/2025 Windecker Inc Accounts Payable Check 33,505.58 254Z.~ 11/07/2025 Young's Air Conditioning Accounts Payable Check 30,584.77 l.~4903 11/07/2025 Aflac-Customer Service Accounts Payable Check 215.93 2549_()_4 11/07/2025 AFSCME District Council 57 Accounts Payable Check 2,225.58 254905 11/07/2025 Empower Annuity Ins. Co of America Accounts Payable Check 1,681.31 2S490~ 11/07/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,030.00 254907 11/07/2025 Franchise Tax Boa rd Accounts Payable Check 412.81 254908 11/07/2025 Los Banos Police Assn Accounts Payable Check 945.00 254909 11/07/2025 Los Banos Police Assn. Accounts Payable Check 315.00 254910 11/07/2025 MissionSquare Accounts Payable Check 1,595.89 2549:]1 11/07/2025 MissionSquare Accounts Payable Check 10,462.50 254912 11/07/2025 Nationwide Retirement Solutions Accounts Payable Check 4,361.49 254913 11/07/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 780.99 254914 11/07/2025 State Disbursement Unit Accounts Payable Check 1,471.00 Break in check sequence due to the following: Payment Type Check #254514 (Manual Void) Regular Checks 196 1,379,596.63 Check #254560 - #254565 (Manual Void} Manual Voids 15
Check #254576 {Manual Void) Voided Checks 0
Check #254583 (Manual Void} 1,379,596.63
Check #254586 - #254596 (Utility Billing)
Check #254599 - #254609 (Payroll}
Check #254626 - #254627 {Manual Void}
Check #254636 - #254637 (Manual Void}
Check #254693 {Manual Void}
Check #254697 (Manual Void}
Check #254716 - #254902 (Utility Billing)
12 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
OCTOBER 1, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For a detailed account of this meeting, refer to the video recording available on YouTube, which serves as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:01 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: 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 (7:04 PM), Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Sanders to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF CERTIFICATION OF VOTES OF SPECIAL MUNICIPAL ELECTION, AUGUST 26, 2025; CITY COUNCIL RESOLUTION NO. 6987 -

ACCEPTING THE CERTIFICATION OF THE RESULTS OF THE MERCED COUNTY SPECIAL ELECTION HELD IN THE CITY OF LOS BANOS ON AUGUST 26, 2025 AS IT PERTAINS TO THE ELECTION OF A COUNCIL MEMBER FOR DISTRICT 1. City Clerk Mallonee presented the staff report, making note that the Merced County Registrar of Voters certified the August 26, 2025 special municipal election results for the vacant District 1 City Council seat on September 17, 2025, with the final vote totals as follows:

Mitzy Perez - 263 votes; Khalid Virry Sanchez - 222 votes. Adoption of the resolution formally accepts the certified results and completes the process of filling the District 1 vacancy.

Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 6987 - Accepting the Certification of the Results of the Merced County Special Election Held in the City of Los Banos on August 26, 2025 as it Pertains to the Election of a Council Member for District 1. The motion carried by the affirmative action of all Council Members present.
13 ITEM 7B
ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: COUNCIL MEMBER MITZY PEREZ - DISTRICT 1. City Clerk Mallonee administered the oath of Office to Mitzy Perez, Council Member - District 1.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Member Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile, Council Member Mitzy Perez - District 1; ABSENT: None

PRESENTATION-CERTIFICATE OF RECOGNITION-EMPLOYEE OF THE MONTH FOR SEPTEMBER 2025 -APRIL VIEIRA, CRIME ANALYST, POLICE DEPARTMENT.

Mayor Amabile presented the certificate to April Vieira who was in attendance to accept.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Amabile invited the public to come forward to speak. KHALID SANCHEZ, a recent candidate for the District 1 City Council special election, addressed the Council regarding campaign conduct. She stated that campaign materials distributed on behalf of Council Member-Elect Mitzy Perez contained false and defamatory statements about him, which he believes harmed his personal reputation, family, and business, and negatively affected community trust in the election process. She expressed that while he accepts the election results, he does not accept the tactics used. She urged that future local elections focus on ideas and integrity. Ms. Sanchez concluded by stating he remains committed to serving the community, and requested a response from Ms. Perez. ISAAC (speaker did not state last name) discussed challenges faced as a business owner and resident, including limited hospital services, lack of a neonatal incubator locally, economic and permitting struggles, and difficulties starting and maintaining businesses in Los Banos. He expressed concern that negative campaign tactics discourage community members from participating in local elections. He encouraged city leadership to support needed infrastructure such as hospital services, road improvements, and business development. CARLOS FLORES, DISTRICT 1 commented on the recent District 1 election and expressed concerns about the influence of money in local politics. He stated that community needs such as job creation, park improvements, and neighborhood conditions in District 1 require greater attention. He requested that Council Member-Elect Perez meet directly with District 1 residents to present her plans and priorities. Mr. Flores also stated that he believes transparency and accountability are essential in rebuilding public trust. DAVE ANDERSON, Volunteer Fire Department, thanked the Council for support of the volunteer firefighter recruitment program and encouraged community participation. He also announced the upcoming Fire Department Pancake Breakfast and Open House on October 11 from 8:00 a.m. to 11 :00 a.m., and noted that tickets and additional information are available online and through the department. Rhonda Lowe, UC Merced Small Business Development Center, a local business owner and business coach, announced an upcoming free workshop titled "Starting Smart: The Basics of Starting a Business" scheduled for October 18 from 10:00-11 :00 a.m. at the Los Banos Community Center. 14 She encouraged registration due to limited seating and emphasized the importance of supporting small businesses within the community. BLANCHE GEORGE, Friends of the Library, speaking as Vice President of the Friends of the Library, announced several upcoming events during National Friends of the Library Month in October, including a meet-the-Friends event, a book discussion, a seed exchange activity, a bilingual family craft day, and a children's scavenger hunt. She invited the Council and community to participate and highlighted the library's role in supporting community education and engagement. 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 #2537 44 - #253959 in the Amount of $2,943,129.06; City Council Resolution No. 6988 - Accepting the Pacheco Park Irrigation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6989 - Authorizing the Interim City Manager to Execute the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Agreement and Approving a Budget Amendment to Increase Appropriations in Expenditure Account 505- 435-100-725 (Airport Improvements) by $78,111 and in Revenue Account 505-000-331- 010 (Federal Grant) by $70,300 for Los Banos Municipal Airport Project No. 3-06-0140- 011-2025; City Council Resolution No. 6990 - Awarding the Bid for the Purchase of a New 2024 ¾ Ton Medium Duty Utility Truck and Authorize to Issue a Purchase Order in the Amount of $72,500 to Santos Ford; City Council Resolution No. 6991 -Awarding the Bid for the Purchase of Two (2) New 2026 ¾ Ton Medium Duty Utility Truck and Authorize to Issue a Purchase Order in the Amount of $145,000 to Santos Ford; City Council Resolution No. 6992 -Authorizing the Interim City Manager to Enter into an Agreement with Symbium for Development and Launch of an Online Solar Permitting System as Required by SB 379; City Council Resolution No. 6993 - Approving Closure of NonEssential City Offices on December 24, 2025, December 26, 2025 and January 2, 2026 and at 12:00 PM December 31, 2025 Due to the Christmas Holiday Season. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6994 -

APPOINTING A CITY ATTORNEY AND APPROVING AND AUTHORIZING THE EXECUTION OF THE LOS BANOS CITY ATTORNEY EMPLOYMENT AGREEMENT.

Human Resources Director Mallonee presented the staff report, noting that the recruitment, assisted by Ralph Anderson and Associates, began in May 2025, and Mary Lerner was selected from several qualified candidates. She has over 20 years of experience representing public agencies in California and expertise in governance, land use, labor law, and public safety. If approved, she would begin November 17, 2025, with a five-year term, a $280,000 annual salary with 3% annual increases, and benefits consistent with other management employees. There is no fiscal impact beyond what has already been budgeted for the fiscal year. Funds are available in the 2025-26 budget to cover all costs associated with this agreement. The agreement has been reviewed and approved as to form by the current city attorney.

Mayor Amabile noted that city government has changed significantly over the past 20 years, and with the city nearing 50,000 residents, it was time to hire a full-time city 15 attorney. He thanked City Attorney Vaughn for his 23 years of service, praising his work in protecting the city, but noted that as a part-time employee with a private business, the increasing demands of municipal government required a full-time attorney. Following an extensive search, Mary Lerner was selected and the Mayor expressed excitement for her upcoming service and the expertise she will bring to the city.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 6994 - Appointing a City Attorney and Approving and Authorizing the Execution of the Los Banos City Attorney Employment Agreement. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6995 - AMENDING DIVISION 4, SALARY SCHEDULE - EMPLOYEE CLASSIFICATIONS RELATING TO SECTION A - ADMINISTRATION / CITY ATTORNEY. Human Resources Director Mallonee presented the staff report, noting that that this resolution reflects the agreed-upon monthly salary of $23,334 for Mary Lerner, with no additional fiscal impact, as funds are included in the current fiscal year budget.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 6995 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Section A -Administration/ City Attorney. The motion carried by the affirmative action of all Council Members present.

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) (FIRST READING & INTRODUCTION).

City Attorney Vaughn present presented the staff report, noting that the legislature has updated the Uniform Construction Cost Accounting Act, which affects public project bidding thresholds. The proposed ordinance updates the city's rules to match the new law, increasing the informal bid threshold from $60,000 to $75,000 and the formal bid threshold from $200,000 to $225,000. This change ensures compliance with the January 2025 legislative updates.

Motion by Lewis, seconded by Chavez to waive the first reading of Ordinance No. 121 O - 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).

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

Motion by Lewis, seconded by Sanders to introduce 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). The motion carried by the following roll call vote: AYES: Chavez, Lewis, Perez, Sanders, Amabile; NOES:

None; ABSENT: None.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6996 -

AWARDING THE CONSTRUCTION CONTRACT FOR THE WASTEWATER
TREATMENT PLANT (WWTP) POND 2 LEVEE REPAIR PROJECT TO ARCHER CIVIL 16 CONSTRUCTION LLC AND APPROVING A BUDGET ADJUSTMENT AND BUDGET AMENDMENT. Acting Public Works Director/Parks & Recreation Director presented the staff report, speaking to the Pond 2 levy repair at the wastewater treatment plant. Pond 2, with a holding capacity of over 207 million gallons, has gone more than 25 years without maintenance, and the levy is now severely deteriorated. Failure of the levy could result in catastrophic flooding, disrupting the controlled flow and proper distribution of wastewater, which could lead to regulatory violations and environmental risks. The project will restore and reinforce 7,686 feet of levy embankment, reconstruct slopes, and complete essential site improvements to maintain system reliability and safe operations. StanTech prepared the design plans and bid documents, and five competitive bids were received. Archer Civil Construction, LLC submitted the lowest responsive and responsible bid. The total project cost is estimated at $1.34 million, including the base bid, engineering inspections, and contingency expenses. Funding will come from the Wastewater Collections Fund, which has a $17.1 million reserve. Budget adjustments include a decrease in one fund by $400,000 and increasing another fund by $1.34 million to fully fund the project, correcting a prior misallocation between services and supplies and capital line items. Mr. Heim noted that Pond 2 has been offline for over a year, which has placed additional strain on other ponds. Temporary conditions, such as the closure of Los Banos Dairymen's and a shorter rainy season, helped mitigate the impact, but these are not permanent solutions.

Council Member Lewis asked Mr. Heim to explain the difference between the base bid and other costs for the Pond 2 levy repair project and he explained that the base bid represents the contractor's quoted cost to complete the project. Additional expenses beyond the base bid include a 15% contingency for unexpected costs, engineering consulting and submittal reviews by StanTech, change orders, and testing such as compaction tests to ensure proper construction. Council Member Chavez noted the repairs are long overdue and emphasized the need for the project and Mr. Heim responded to further questions and clarified the breakdown of costs.

Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 6996 - Awarding the Construction Contract for the Wastewater Treatment Plant (VWvTP) Pond 2 Levee Repair Project to Archer Civil Construction LLC and Approving a Budget Adjustment and Budget Amendment. The motion carried by the affirmative action of all Council Members present.

PIONEER ROAD COMPLETE STREETS PROJECT UPDATE. Acting Public Works Director/Parks & Recreation Director presented the staff report, highlighting ongoing construction, project phasing, and community feedback from the September 9, 2025, public meeting. The project is focused on improving capacity, safety, and connectivity along the Pioneer Road corridor, extending approximately 6.5 miles from east of Highway 152 near Merced College to Highway 152 at Ward Road. Improvements include roadway upgrades and extensions, intersection enhancements, drainage improvements, and new pedestrian and bicycle facilities. Community feedback has been documented and shared with Mark Thomas, the project engineer. Key concerns raised included impacts at 11th Street, jurisdictional questions regarding city versus county responsibilities for public safety, neighborhood impacts, current road conditions, and homeownership concerns.

Additional input received via email after the meeting continues to be reviewed. 17 Mayor Amabile emphasized the importance of public meetings as opportunities for residents to provide feedback. Mr. Heim noted that feasible concerns raised during the meeting, including improving the existing condition of Pioneer Road from Ortigalita to Los Banos Creek, have been added to the current project list. Council and staff discussed the lane configuration. While the current design includes a mix of two- and four-lane sections, the corridor is designed to allow future expansion to four or six lanes as traffic and funding needs evolve. Mark Thomas explained that traffic forecasting is based on the City and County general plans and projected community growth, and that CalEPA requirements necessitated segmenting the project over time. Council Member Lewis clarified that the original plan had been approved for four lanes but was reduced to two lanes due to state funding decisions; the City did not choose to eliminate the bypass, but funding was redirected by the state to Highway 99 improvements. Ms. Lewis noted that previous inaction resulted in lost funding for the project but expressed support for moving forward and seeking additional funding to complete the four-lane corridor. Council Member Sanders expressed concern that the current mixed design may not sufficiently mitigate traffic and suggested exploring a consistent four-lane design. He recommended that staff return with a report on a Pioneer Community Corridor plan, considering longterm growth, neighborhood compatibility, and future land use. Staff agreed to document this recommendation for future evaluation. Council Member Chavez and other staff acknowledged that prior delays and funding constraints left the project behind schedule but emphasized that the phased approach aligns with funding cycles, environmental studies, and technical requirements. The first construction segment at Pioneer Road and Ortigalita Road is underway, with subsequent phases planned every three years to complete the east-west corridor and strengthen regional connectivity. Staff discussed the sphere of influence along Pioneer Road, noting that future growth south of Pioneer is limited by current general plan boundaries, LAFCO regulations, and land use planning.

The City is working to amend the general plan to remove the bypass, ensuring that circulation and transportation planning is aligned with realistic growth projections.

Council, by consensus, approved continuing with the phased project as presented and directed staff to explore Council Member Sanders' recommendation for a more holistic Pioneer Community Corridor plan and report back at a future meeting.

NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING
COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION - TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2027; MEASURE H CITIZENS' OVERSIGHT COMMITTEE - TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2027; MEASURE P COMMITTEE - FOUR {4) VACANCIES, THREE (3) TWO (2) YEAR TERMS- EXPIRING DECEMBER 31 , 2028. ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31 , 2027; PARKS & RECREATION COMMISSION - TWO (2) VACANCIES, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2027; PLANNING COMMISSION - ONE (1) VACANCY. ONE (1) UNEXPIRED TERM IN DISTRICT 1 - EXPIRING DECEMBER 31 , 2028; TREE COMMISSION - THREE (3) VACANCIES, THREE (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2027. City Clerk Mallonee presented the staff report, noting that this is an annual requirement to inform the public and that all vacancies have been advertised and that outreach will continue through the city website, local 18 newspaper, and other channels to ensure the positions are filled. Informational Item only, no action to be taken.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms reported that she and Trisha Sova, her Administrative Coordinator, attended the ICSC Western Conference in Palm Springs, a California-based retail and economic development conference that allows them to meet directly with brokers, retailers, and developers to showcase Los Banos and its available opportunities. The primary goal of attending was to put Los Banos "on the map" and build connections that could lead to future business opportunities. Ms. Souza Elms noted that they received various leads that are currently being pursued and expressed optimism about the city's economic prospects.

Finance. No report.

Fire. Chief Tualla provided an update regarding the Battalion Chief testing, noting that they are currently in the second phase of the process. It was a long day, and they are hopeful to have candidates moving forward soon so the positions can be filled. The department expressed appreciation for the council's support on the budget. Additionally, it was noted that Dave Anderson had earlier discussed the upcoming pancake breakfast scheduled for the 11th. Regarding the testing turnout, there were a total of ten candidates, which was considered a good starting point for filling the positions.

Human Resources. Director Mallonee provided an update on the HR Department's recruitment activities for the period of July through September. During this quarter, the department completed 20 recruitments across all city departments. In the Police Department, positions filled included two Public Safety Dispatchers, one Police Officer, one Records Supervisor, and three Police Officer trainees. In Public Works, two Utility Maintenance Ill positions, two Custodian positions, one Utility Maintenance I, one Utility Maintenance II, and one Maintenance Worker 1 in Facilities and Streets were filled. In the Community & Economic Development Department positions filled were an Admin Coordinator and an Admin Clerk I, while Parks & Recreation Department filled a Rec Coordinator position. The Finance Department hired a Finance Manager, the Fire Department added a firefighter, and the Administration Department filled an HR Technician I position. These recruitments have strengthened staffing across all departments, improving the city's ability to provide services effectively. Looking ahead, nine new employees are set to start in October and November, and at least 15 additional positions remain in the recruitment process. Ms. Mallonee encouraged interested applicants to visit governmentjobs.com for current opportunities and expressed gratitude to the City Council for supporting new positions added in the 2025-26 fiscal year budget.

Parks & Recreation/Public Works. Director Heim thanked Mayor Amabile, Mayor Pro Tern Lewis, and Council Member Chavez for attending the 40th Annual Salute to Seniors, noting it remains one of staff's favorite events. Registration for Junior Warriors Basketball is underway, and he encouraged early registration due to high participation. Upcoming events include a blood drive on October 14th at the Community Center from 1 to 6 p.m. 19 and the Halloween Fest on October 25th at the Ag Sports Complex. At the Ag Sports Complex, playground construction and installation of outfield posts are underway.

Pickleball improvements are ongoing at Shaughnessy Park, with visible progress and a new park sign. Additionally, small "little libraries" have been installed at Ranchwood Park and Presidential Park to encourage book sharing, with positive community engagement so far. On the Public Works side, Mr. Heim highlighted airport improvements, including a recently approved AIP grant through the FAA, providing approximately $70,000 with a $7,800 city match for runway overlay design. Staff received strong reviews from Caltrans for the airport's condition, and improvements were made to the airport lounge. Seasonal leaf cleanup is scheduled to begin in early November, supported by street sweepers and a specialized "snorkel truck." Mr. Heim concluded by expressing appreciation for staff across all divisions, including treatment plants, engineering, fleets, solid waste, and Parks & Rec for their efforts on numerous city projects. Council Members also suggested exploring electrical hookups for electric planes at the airport as a future consideration.

Police. Chief Reyna reported that two of the City's CSOs, Ryu Pimentel and Abel Rodriguez, recently graduated from the Stanislaus County Core Corrections Academy.

Currently, four Police Officer Trainees are attending the Fresno Police Academy, and a fifth trainee is graduating from the Delta Academy this month and will soon begin with the department. Chief Reyna also recognized April Vieira, the department's Crime Analyst, for her contributions. Additionally, the department recently completed its first Spanish Citizen Academy, an eight-week course, which has been very successful, and noted that department staff are wearing pink patches this month in honor of October, as part of a tradition within the Police Department.

CITY MANAGER REPORT. Interim City Manager Brizzee began with recognition of Bill Vaughn for his 23 years of service as the City Attorney and shared personal reflections on working with Bill over the past two decades and congratulated him on his retirement.

In honor of Bill, Mr. Brizzee humorously noted his bow tie as part of a "Bill Vaughn starter kit." He also expressed appreciation for all department heads and middle management staff for their daily efforts and accomplishments. Mr. Brizzee welcomed Mary Lerner as the new City Attorney, starting November 17th, and congratulated Council Member Perez on her election victory. He then provided an update for residents in the De Anza area, noting that the city is actively working with Mark Thomas, Mr. Heim, and other city staff to reopen De Anza Road. While a specific timeline is not yet available due to funding considerations and coordination with CalTrans, planning and design efforts are ongoing, emphasizing that reopening the road remains a priority and assured residents that progress is being made.

CITY COUNCIL MEMBER REPORTS:

MARCUS CHAVEZ - DISTRICT 3: Wished everyone a happy October and noted his appreciation for the arrival of fall weather. He thanked outgoing City Attorney Vaughn, reflecting on the knowledge he gained during the few months he worked with him, and expressed pride in the city's recognition of his service. Mr. Chavez also welcomed incoming City Attorney Mary Lerner, acknowledging the big role she will be stepping into, and congratulated Council Member Perez on her election. Meetings are not like this most 20 of the time, things can get a little crazy, people say unusual or made-up things, and that's just how it goes and you just have to go with the flow. He shared his appreciation for the 40th annual Salute to Seniors event, noting it was a positive experience and an opportunity to meet residents. He concluded his remarks by thanking staff and noting that was all he had to report.

DEBORAH LEWIS - DISTRICT 4: Shared her appreciation for attending the Annual Salute to Seniors event, noting that it is always a fun occasion and that the participation of city departments made it even better. She highlighted that the seniors enjoyed the lunch and raffle, and she thanked Mr. Heim and his staff for organizing the event. She also commented on the engagement of the various communities, saying it's encouraging to see even smaller groups actively participate, and noted that Los Banos made a strong impression. She then provided a briefing on funding from the state for air quality programs, including support for disadvantaged communities under SB 617, assistance for farmers with clean air tractors, and the Clean Cars for All program. While the funding amounts are slightly lower than in the past, she expressed appreciation that the money is still being allocated to help improve air quality in the Valley. Finally, she mentioned upcoming priorities, including discussions at the annual retreat about budget and funding, as well as her attendance at the California League of Cities meeting next week to learn about new programs and resources for cities.

MITZY PEREZ - DISTRICT 1: Expressed her gratitude to the Mayor, council members, staff, and the community for the opportunity to serve. She said she is honored to be sworn in and is excited to represent District 1 on the City Council. She looks forward to learning from her colleagues and working together to help the city continue moving forward.

EVAN SANDERS - DISTRICT 2: Welcomed Council Member Perez, noting it's great to have a new voice on the council and to be at full strength again. He highlighted the recently announced vacancies on city commissions, including planning and parks and recreation, and encouraged residents to apply, emphasizing that commissions play an important role in shaping the city's future. He then discussed street repairs, noting that this topic comes up frequently on social media. He shared that the current budget for streets is $4.1 million, with an additional $2.5 million assigned for street projects, totaling about $6.5 million, roughly three times last year's budget of $2.1 million. He explained that some delays are due to engineering and design processes but that repaving began on October 3rd and will continue throughout the fiscal year, pausing during winter and resuming in spring. He stressed the most effective way for residents to raise concerns is to speak at council meetings or send emails, rather than relying on social media, and encouraged people to reach out to their district representatives directly. He also welcomed the new city attorney, Ms. Lerner.

Council Member Lewis announced that the city received a $150,000 grant from the Air District, on whose board she serves, to improve the council chambers and public viewing.

She explained that the current equipment is outdated, making online viewing fuzzy, and that the grant will help upgrade the technology so residents can better see and participate in meetings even if they cannot attend in person. She noted that this update will be shared at the October 15th meeting.
21 MICHAEL 5. AMABILE - MAYOR: The Mayor provided several updates and reflections.

On traffic and road projects, he noted that Caltrans plans to pave Highway 152, although the timeline has been delayed. He mentioned easements being taken on his property for a northbound turning lane and emphasized the importance of new cameras and equipment for city council meetings to improve public access and interaction. He reflected on past efforts for a highway bypass, noting that during his first term, he and the county supervisor worked with Caltrans to design and fund a bypass to reduce traffic in front of local businesses. Despite completing the plans and purchasing easements, the project was ultimately canceled due to lack of funding, and the general plan now needs to be updated to explore future east-west and north-south corridors. He added that as a self-help county, Measure V funding allows the city to contribute to Caltrans projects and move higher on their priority list. He also shared community updates. He attended a September 18th LAFCO meeting approving the municipal review and celebrated the 150th anniversary of the United Methodist Church, highlighting its historical connection to Henry Miller and the founding of a local Catholic church. He noted the success of the Salute to Seniors event, with a record 588 Golden Agers now registered. Additionally, he attended the 20th anniversary of Apex Medical Center, praising Dr. Devireddy and the center's contributions to the community, including the introduction of new doctors. Finally, he welcomed new Council Member Mitzy Perez and recognized the transition of the city attorney role, with Bill Vaughn remaining for a few more meetings to assist Mary Lerner.

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 8:26 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

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

CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2025
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For a detailed account of this meeting, refer to the video recording available on You Tube, which serves as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:01 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Mitzy Perez - District 1, Evan Sanders - District 2, Marcus Chavez - District 3, Mayor Michael Amabile; 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 Chief Reyna, Acting Public Works Director/Parks & Recreation Director Heim, Fire Chief Tualla, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Motion by Chavez, seconded by Sanders to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Lewis absent.

PRESENTATION - PROCLAMATION RECOGNIZING NATIONAL FRIENDS OF LIBRARIES WEEK. Mayor Amabile presented the proclamation for which Erika Jaurez, President of the Los Banos Branch of the Friends of Libraries was present to accept, with others in her group also in attendance.

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

KAUO SANCHEZ thanked Council Member Chavez for apologizing and noted that other council members should offer apologies as they laughed during prior discussion.

Encouraged the community to speak up and highlighted a police department program offered in Spanish. JOE BALLAS discussed State Senator Caballero's Young Legislators Program. TRACY GUISENMAS spoke regarding the annual Halloween event, the Elks Lodge fundraiser for the animal shelter, and an adoption event on October 25. Thanked supporters including veterinarians, groomers, and local businesses. Spanish-Speaking Comments (Translated by Finance Director Moreno): UNNAMED SPEAKER #1 - Emphasized the importance of programs for Spanish-speaking residents and building trust with the Police Department; UNNAMED SPEAKER #2 spoke about community involvement in city planning and the need to break down communication barriers for Spanish-speaking residents; UNNAMED SPEAKER #3 shared personal experiences as a Hispanic community member, encouraged participation in civic programs such as the Police Academy, and noted the importance of representation. NATHAN highlighted inclusion and engagement of Spanish-speaking residents in city initiatives, focusing on improving communication, safety, and community participation. BLANCHE JORGE appeared with a rescued feral cat, Gracie. Spoke about the rescue season and adoption process, emphasizing that feral cats can be socialized and adopted. Thanked the community for their guidance and trust. ANISE BROWN expressed gratitude to Chief Tualla and shared his journey toward becoming a firefighter. Voiced concerns about downtown development and the city overall, noting positive changes and the importance of planning for both the future and past. MARIBEL GARCIA, Executive Director of the Los Banos Downtown Association expressed gratitude to the Mayor, Interim City Manager, and city staff and highlighted the Farmers Market, Morningstar partnership, 4th of July events, Farm-to-Table event, and Spanish Heritage Month, and thanked David and Carolyn Santos and other local contributors for their support of Farm to Table. RAUL GRANILLO addressed Council conduct and commended Council Member Chavez's apology, urged mindful communication and showing grace, noting that while it's easy to judge, understanding and human error must be considered, praised the direction of the city and the representation of Hispanic women in the recent special election. LARRY BYERS, Los Banos Resident, proud member of the Los Banos Tree Commission, requested renewal of his commission and raised concerns about traffic and the Complete Streets/Pioneer Road projects, discussed the Highway 152 bypass and the need for longterm planning and GP amendments. JESSICA LUGO, representing the Friends of the Los Banos Library, extended an invitation to visit the library and discussed upcoming events. PATRICIA MCCOY, Los Banos American Legion, spoke about the Los Banos Veterans Parade on November 1 at 11 :00 a.m., explaining the timing and the process of placing 900 flags around town. Encouraged participation and volunteering. UNNAMED SPEAKER addressed city growth since moving to Los Banos in 1992. Expressed concern about insufficient planning for increased fire and police personnel, and growing traffic congestion. Discussed the bypass, De Anza Way, and the importance of council members attending town hall meetings. Praised Council Member Chavez's apology and suggested that the Mayor and Council Member Sanders should also apologize. 24 ERASMO VIVEROS spoke regarding the Pioneer Road bypass and suggested alternatives, including making the current highway the bypass. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Sanders, referring to item 7D- 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, asked whether the HG Fawcett Canal is the only canal in the city eligible under the San Joaquin River Exchange Contractors Waters Authority program. Staff confirmed that while other canals exist, such as the eastern canal, eligibility is limited to canals under the Authority. Mr. Sanders noted that the eastern canal is already paved and has lights, making it a well-used walking path, and expressed a preference for directing grant funds to projects that provide new or additional recreational opportunities.

They clarified that their comment was informational and not a vote against the grant, acknowledging that no matching funds are required for the project.

Motion by Chavez, seconded by Sanders to approve the consent agenda items as follows: Check Register for #253959 - #254151 in the Amount of $1 ,160,953.71; City Council Meeting Minutes for September 3, 2025; City Council Meeting Minutes for September 17, 2025; 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; City Council Resolution No. 6998 -Approving the Acceptance of a $50,000 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; 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); 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; 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. The motion carried by the affirmative action of all Council Members present, Lewis absent.

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 25 IMPROVEMENTS AND/OR DEVELOPMENT IMPACT FEES FOR PUBLIC CAPITAL

IMPROVEMENTS IMPOSED ON NEW DEVELOPMENT WITHIN THE BOUNDARIES OF THE CITY OF LOS BANOS; CITY COUNCIL RESOLUTION NO. 7002 -

APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOIN EXERCISE

OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY; 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 COMMUNITY FACILITIES ACT OF 1982, AS AMENDED; AND AUTHORIZING RELATED ACTIONS. Community & Economic Development Director Souza Elms presented the staff report and introduced Ralph Holmes, Managing Director with Piper Sandler & Company, who presented the BOLD Program, which included a PowerPoint presentation. Mr. Holmes explained that BOLD is a tool allowing developers to fund infrastructure for new development projects through Community Facilities District (CFO) financing, which can be outsourced to the California Municipal Finance Authority (CMFA). Participation is voluntary, and there is no cost to the city. He highlighted that BOLD allows accelerated funding of infrastructure, such as streets, sidewalks, curbs, gutters, traffic signals, parks, and utilities. CMFA handles district formation and bond issuance, reducing city staff workload and financial exposure.

Projects are pooled to make smaller developments cost-effective, generally requiring at least $500,000 in improvements. The city retains control over what is financed. Holmes provided examples from Newman and Riverbank and noted the program's success in jurisdictions such as Placer County and Merced.

Mayor Amabile opened the public hearing. ERASMOS VIVEROS asked about the pros and cons of the city managing CFDs in-house versus outsourcing, and whether the city considered doing it internally. No one else came forward to speak and the public hearing was closed. Mr. Holmes explained that some larger cities manage CFDs internally, but outsourcing is beneficial for smaller cities like Los Banos due to limited staff capacity.

Outsourcing accelerates funding and ensures early completion of infrastructure, including parks, rather than leaving them until the end of projects. Mayor Amabile compared this to the former Redevelopment Agency (RDA), emphasizing that programs like BOLD allow critical infrastructure to be built early. Council Member Sanders raised concerns regarding affordability and the potential for developers to gain the most benefit, noting the need for clarity on how costs are passed to homeowners. Mr. Holmes and Mr. Amabile explained that the program provides a tool to mitigate the impact of new developments on existing residents and that pricing effects are market-driven. Finance Director Moreno and Interim City Manager Brizzee emphasized that the program incentivizes developer collaboration while the city maintains ·control over what is financed. Council Member Chavez noted that there is no cost to the city, but benefits must accrue to the city and existing residents. Mr. Holmes and staff confirmed that the program does not affect existing homeowners, is completely voluntary for developers, and provides the city with flexibility for future development projects. The council expressed general support for approving the program as a development tool, with safeguards to ensure city benefits, transparency on homeowner costs, and proper implementation. 26 Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 7002 - Approving, Authorizing, and Directing Execution of a Join Exercise of Powers Agreement Relating to the California Municipal Finance Authority. The motion carried by the affirmative action of all Council Members present, Lewis absent.

Motion by Sanders, seconded by Chavez to adopt 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 Community Facilities Act of 1982, as Amended; and Authorizing Related Actions. The motion carried by the affirmative action of all Council Members present, Lewis absent.

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). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. The Civic Center Project includes renovating the former Police Annex Building to serve as a centralized Development Services Center and remodeling interior areas of City Hall to improve customer service, workflow efficiency, and office layout. Staff noted that public input was gathered through a community workshop and an online survey, and that many of the changes are intended to make it easier for residents, developers, and businesses to complete permitting and service needs in one location. Ms. Souza Elms Staff also reviewed the design-build process used for this project, explaining that it allows the City to work directly with the chosen team throughout design to manage costs, schedule, and scope while maintaining quality.

The team recommended for award is Swinerton Builders with The Taylor Group Architects, who recently completed the Police Station project for the City, providing familiarity with City standards and operations. The total project budget of $8 million has already been set aside. Staff stated the project is exempt from CEQA.

During Council discussion, Mayor Amabile emphasized that the improvements will support long-term operational needs and allow the City to better serve the public without needing to construct a brand-new City Hall building. He stated the project is an investment in improving efficiency and accessibility of services. Council Member Sanders asked for clarification about future opportunities for public input during the design phase. Interim City Manager Brizzee explained the next steps, which include finalizing staffing needs, beginning design work, and providing additional opportunities for public engagement as plans develop. Council Member Chavez asked whether projects of this type are ever completed under budget. The Swinerton representative explained that the progressive design-build model focuses heavily on cost control and alignment of scope to budget from the start. Council discussion concluded with support for the approach and appreciation for the integration of community feedback and phased planning. 27 Motion by Sanders, seconded by Chavez to adopt 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). The motion carried by the affirmative action of all Council Members present, Lewis absent.

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. Acting Public Works Director/Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation. The project is a partnership between the City of Los Banos, Grasslands Water District, and Del Puerto Water District, supported by a Prop 68 grant. It will construct three groundwater recharge basins (approximately 185 acres total) on Cityowned property near Henry Miller Avenue and Santa Fe Grade to improve stormwater system performance and support long-term water sustainability. The project includes a turnout from the San Luis Canal, flow control structures, and a metered outlet system.

The total estimated project cost is $2.75 million, including a 15% contingency. The base construction award recommended is to Archer Civil Construction, LLC for approximately $2.2 million. Funding comes from the Wastewater Collections Capital Fund and includes $1 million in reimbursable grant funds. A revenue adjustment is required to reflect the timing of the grant reimbursement. Construction is expected to begin Fall 2025 with completion by April 2026. A Phase 2 project (installation of pumps) will be bid separately in 2026. Staff noted that 15 bids were received.

Council Member Sanders asked about funding availability and cost control for which Mr.

Heim explained the contingency included in the project budget and confirmed adequate funding is appropriated. Mayor Amabile added the City will need a similar recharge project on the west side of the community.

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

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. Interim City Manager Brizzee presented the staff report, highlighting that William Via is a lifelong Los Banos resident, LBHS graduate, U.S. Navy veteran, and previously worked for the City in several Public Works leadership roles before serving as the Public Works Director for 28 the City of Hollister. He has extensive experience managing operations and budgets across multiple Public Works divisions and holds advanced degrees in public administration and legal studies. The agreement provides for a start date of October 27, 2025, annual salary of $224,000, and benefits with medical/dental/vision benefits, PERS retirement, leave accruals, and administrative leave consistent with other department heads. He made note that Mr. Via was in attendance at the meeting with his spouse.

Mayor Amabile welcomed Mr. Via back to Los Banos and expressed appreciation for his return. Council Member Sanders noted the timing of the appointment given the incoming City Manager's previous service as Public Works Director and confirmed coordination was considered. Council Member Chavez welcomed Mr. Via and stated support.

Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 7006 - Ratifying the City Manager's Approval of the Employment Agreement with the Public Works Director William Via. The motion carried by the affirmative action of all Council Members present, Lewis absent.

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).

City Attorney Vaughn presented the staff report, explaining that the first reading occurred at the prior Council meeting. He noted that AB 2192, signed into law in late 2024, made changes to the Uniform Public Construction Cost Accounting Act by raising the thresholds for force account work, informal bidding, and formal bidding for public works projects. The ordinance updates the City's Municipal Code to align with these new State thresholds and ensure continued compliance.

Motion by Sanders, seconded by Chavez to waive the second reading 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).

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

Motion by Chavez, seconded by Sanders to adopt 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). The motion carried by the following roll call vote: AYES: Chavez, Peres, Sanders, Amabile; NOES: None; ABSENT: Lewis.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms announced a public hearing on October 22nd at 6:00 p.m. with the Planning Commission regarding the sixth-cycle Housing Element update for 2024-2032. The update is part of a multi-jurisdictional effort with Merced County and includes an overlay district in the city's zoning ordinance to implement the Housing Element and ensure compliance with state law. 29 Finance. Director Moreno provided an update on her attendance at the League of California Cities Conference in Long Beach, which had over 2,000 attendees including mayors, council members, city managers, and finance directors. She noted that sessions covered topics such as Al, homelessness, and general plan updates. One of the keynote speakers was Erin Brockovich, who gave a motivational speech. No questions were taken from the audience.

Fire. Chief Tualla reported on the recent pancake breakfast that was well attended with about 100 community members, serving as a positive public outreach event, Volunteer firefighter recruitment is ongoing, with an informational day scheduled for the 25th. The program includes a support role (assisting with station tasks and rehabilitation) and an active firefighting/EMS role (directly supporting fire and EMS operations), he attended the Merced County Board of Supervisors meeting, where AMR was awarded the county EMS contract. Upcoming meetings with AMR management will address EMS services within Merced County, and training on the new ladder truck will begin soon, including aerial operations and operation of the larger fire apparatus within the city.

Human Resources. No Report
Parks & Recreation/Public Works. Director Heim provided updates on several upcoming events and ongoing projects. He highlighted the Halloween Fest scheduled for October 25th from 4:00 to 8:30 p.m. at the Exports Complex, which will feature pumpkin painting, crafts, and a maze. Shuttle support will be provided by the school district to address parking challenges, with Jacob High School expected to serve as one of the shuttle locations. He also gave updates on construction projects, noting that the Exports Complex playground and netting are nearly complete, while Shaughnessy Village is progressing with grass installation and upcoming playground and picnic table installations.

Additionally, the city continues to make improvements on the Canal Trail through grant support from the San Joaquin River Exchange Water Authority. On the Public Works side, internal overlays on courts and street improvements, including speed bumps, are ongoing. Mr. Heim also reported that the Treatment Plant Solar Project has been completed in partnership with Peninsula Clean Energy, resulting in approximately $380,000 in savings for the city. Regarding the Dan's Way Project, he stated that it is currently in the design phase, with an estimated construction timeline from Fall 2026 to Summer 2027, and noted that efforts are being made to potentially expedite the process through Caltrans. Finally, he expressed his gratitude to consultants, Caltrans, MCG, and city staff for their support and guidance during his time overseeing public works, acknowledging that this was one of his final updates in the role.

Police. Chief Reyna reported that following a recent shooting, all three suspects and the vehicle involved are now in custody. He highlighted the Police Department's efforts in reducing violent crime shootings, noting a 22% reduction between 2023 and 2024, and approximately a 50% reduction year-to-date compared to last year. Chief Reyna commended the department for their hard work over the weekend in resolving the recent case. He also announced that he and Commander Eddie Drum will attend the Delta Academy graduation to swear in a new officer who will serve in Los Banos, and he plans to introduce the officer at a future council meeting. Additionally, he provided an update on 30 the Spanish Citizen Academy, noting that it is the first Spanish-language program of its kind and is nearing completion with only a few classes remaining. Chief Reyna indicated that final shelter statistics will be shared soon.

CITY MANAGER REPORT. Interim City Manager Brizzee began by thanking city staff for their ongoing hard work and dedication. He congratulated William Via on his upcoming start as Public Works Director and recognized Mr. Heim for his exceptional performance as Acting Public Works Director, noting his tireless commitment, handling of additional duties, and management of public works projects over the past several months. Mr.

Brizzee also provided an update on the DeAnza project, explaining efforts to expedite the 30% review with Caltrans and bridging a funding gap. He addressed citywide staffing, acknowledging the approval of 19 additional positions this fiscal year, including new hires in police, fire, and other departments, while emphasizing the ongoing need to balance budgetary constraints with staffing requirements. He then gave a detailed update on chromium-6 testing, explained that the city's wells recently tested above the new maximum contaminant level (MCL) of 10 parts per billion, triggering mandatory notifications to utility customers. He clarified that while levels are above the MCL, the water remains safe to drink. The city submitted its compliance plan to the State Division of Drinking Water, which was approved, allowing until December 2030 to implement wellhead treatment for the city's 13 wells. Pilot testing using a reduction-coagulationfiltration (RCF) system is currently underway, followed by design and construction phases for each well. Mr. Brizzee noted the project is estimated at approximately $60 million, and the city will explore alternative solutions where possible. He concluded by affirming that the city is actively moving forward with chromium-6 mitigation, with pilot testing results to be shared in future council meetings. He thanked the Council again and offered to address any questions offline regarding the chromium-6 issue.

CITY COUNCIL MEMBER REPORTS:

DEBORAH LEWIS - DISTRICT 4: Excused absence
MITZY PEREZ - DISTRICT 1: Reminded everyone that there are still open positions on the City Commissions, particularly for the District 1, Planning Commission. She encouraged interested applicants to submit their applications by the November 26 deadline, noting that the application is available on the city's website.

EVAN SANDERS - DISTRICT 2: Began by thanking staff for their hard work in preparing materials and being available to answer questions. He then discussed a "public engagement experiment" he conducted, using social media to gather resident input on the council agenda. Mr. Sanders highlighted the importance of giving residents a voice, especially those who may not feel comfortable speaking at meetings, and emphasized that public comments deserve respect and full attention from council members. He noted his accessibility to constituents, providing his contact information and encouraging residents to reach out via phone, email, or social media. Mr. Sanders shared his commitment to being well-informed about residents' priorities, integrating their input into council discussions, and providing regular agenda breakdowns on his Facebook page to encourage ongoing engagement. He concluded by expressing gratitude to those who 31 have supported and guided him in this process, emphasizing accountability and good government.

MARCUS CHAVEZ- DISTRICT 3: Thanked staff for their work and acknowledged Mr.

Heim for his hard work and dedication, calling him the hardest working man in the city.

He welcomed William Via back to the city and expressed appreciation to Interim City Manager Gary Brizzee for his support and contributions to the city.

MICHAEL S. AMABILE - MAYOR: Began by discussing the city's bypass project and existing general plan, noting that although he had spent 12 years designing and engineering the bypass, now estimated at $700 million, Caltrans will not proceed with it.

The bypass is being removed from the general plan primarily because it impacts traffic modeling across the city, and adjustments are being made to reflect realistic future possibilities. He emphasized ongoing work on the Pioneer Quarter, north-south corridors, and east-west grid improvements around the city. He also shared cultural and community updates, including a recent visit to the local museum with curator Dan Nelson, encouraging residents to visit and highlighting the volunteers' efforts. He mentioned recording an interview for CBS Channel 47 to increase visibility of Los Banos in regional media, noting the importance of being recognized in the broader Valley area. Finally, the Mayor delivered a tribute to Interim City Manager Gary Brizzee, acknowledging his leadership, patience, and dedication during a challenging tenure marked by bargaining unit negotiations, pending lawsuits, staffing shortages, and operational demands. He praised Mr. Brizzee for stabilizing city operations, filling crucial positions, and helping the organization heal. The Mayor expressed gratitude on behalf of the City Council, city employees, and residents for Gary's service. He concluded by thanking all public forum participants for their engagement and officially adjourned the meeting.

ADJOURNMENT. The meeting was adjourned at 8:41 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

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

CITY COUNCIL MEETING MINUTES
NOVEMBER 5, 2025
ACTION MINUTES - These minutes are prepared to depict action taken far agenda items presented to the City Council. Far a detailed account of this meeting, refer to the video recording available on YouTube, which serves as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of6:06 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Evan Sanders - District 2, Marcus Chavez - District 3, Deborah Lewis - District 4, Mayor Michael Amabile; ABSENT: Council Member Mitzy Perez - District 1 STAFF MEMBERS PRESENT: City Manager Than, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Police Chief Reyna, Public Works Director Via, Assistant Fire Chief Dorenbush, Finance Director Moreno CONSIDERATION OF APPROVAL OF AGENDA: Mayor Amabile stated that Item 10 -

UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) is being moved up to be heard after the consent agenda.

Motion by Lewis, seconded by Chavez to approve the agenda as amended, with the movement of Item 10 - UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS

BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) to be heard after the Consent Agenda. The motion carried by the affirmative action of all Council Members present, Perez absent.

PRESENTATIONS.

PROCLAMATION COMMEMORATING VETERANS DAY NOVEMBER 11 , 2025.

Mayor Amabile presented the proclamation the veterans in attendance. MIKE HUGHES, representing the VFW
CERTIFICATES OF RECOGNITION FOR THE VETERANS DAY PARADE. MIKE HUGHES and PATRICIA McCOY, representing the Los Banos VFW, presented the commemorative flag award to Grasslands Elementary School for being named as most patriotic elementary school for its entry in the 2025 Veterans Day Parade. Mayor Amabile presented a Certificate of Recognition and Karthik Prasad, on behalf of Congressman Adam Gray, also presented a certificate of recognition. 33 ITEM 7D
MIKE HUGHES and PATRICIA McCOY, representing the Los Banos VFW, presented the commemorative flag award to Creekside Junior High School for being named as most patriotic junior high school for its entry in the 2025 Veterans Day Parade. Mayor Amabile presented a Certificate of Recognition and Karthik Prasad, on behalf of Congressman Adam Gray, also presented a certificate of recognition.

MIKE HUGHES and PATRICIA McCOY, representing the Los Banos VFW, presented the commemorative flag award to Los BAnos High School for being named as most patriotic high school for its entry in the 2025 Veterans Day Parade. Mayor Amabile presented a Certificate of Recognition and Karthik Prasad, on behalf of Congressman Adam Gray, also presented a certificate of recognition.

PROCLAMATION RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE OFFICER TERESA PROVENCIO. Mayor Amabile presented the proclamation for which Police Chief Reyna accepted on Teresa Provencio's behalf.

CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR OCTOBER 2025 - BRAD BASCUE, MAINTENANCE WORKER I, PARKS & RECREATION DEPARTMENT. Mayor Amabile presented the certificate, for which Mr. Bascue was present to accept.

CITY COUNCIL RESOLUTION NO. 7007 - COMMENDATION TO GARY M. BRIZZEE, JR. Motion by Chavez, seconded by Sanders to adopt City Council Resolution No. 7007 - Commendation to Gary M. Brizzee, Jr. The motion carried by the affirmative action of all Council Members present, Perez absent.

Mayor Amabile and Council recognized and honored Interim City Manager Gary Brizzee for his long and dedicated service to the City of Los Banos, the Resolution of Commendation was read, noting his nearly 30 years of service, including his career in the Police Department (1995-2023) and his four appointments as Interim City Manager.

Council Member Lewis expressed appreciation for Gary's commitment and dedication, noting that he has always been dependable, even when recognition events were not his preference. She thanked him for helping the City move forward and wished him well in retirement, singing, "Happy trails to you ... we hope we don't meet again," meaning she hopes he can now fully enjoy retirement. Council Member Chavez thanked Mr. Brizzee for his service and support, adding a lighthearted remark about having a "prepared speech," then acknowledging he did not want to make the moment more difficult, closing with his appreciation. Council Member Sanders thanked Mr. Brizzee for his professionalism and humorously acknowledged his attire for the occasion. He expressed personal gratitude, noting that Gary significantly helped ease his transition into public office and provided strong support during her early time on the Council.

Mr. Brizzee thanked City staff, stating that those he worked with daily made his job easier and that together they experienced both busy and quieter periods. He thanked the City Council for their support and trust, noting they "got a lot accomplished." He closed by thanking his family, including his mother and especially his wife, who has supported him "through thick and thin," joking about the length of time being "38 years ... technically 27." He expressed his appreciation to all.
34 Police Chief Reyna introduced new Police Officer David Peralta noting that Officer Peralta recently completed the Delta Police Academy in Stockton and has begun employment with the City and is currently in the City's training program. Police Officer Peralta shared brief remarks, stating he is excited to join the department and looks forward to a long and rewarding career in Los Banos. He expressed appreciation for the community's strong family values and said he looks forward to getting to know community members as he serves. The Mayor welcomed Officer Peralta and thanked him for choosing to serve in Los Banos.

PRESENTATION AND DISCUSSION REGARDING THE FEDERAL SHUTDOWN AND

THE IMPACTS ON THE CALFRESH PROGRAM - BY JOHN CECCOLI, DIRECTOR OF THE MERCED COUNTY HUMAN SERVICES AGENCY. Merced County Supervisor Scott Silveira (District 5) introduced the item and stated that the federal government shutdown has delayed CalFresh (SNAP) benefits, and that many residents in Merced County are being affected. He explained that under the leadership of Human Services Agency Director John Ceccoli, the County opened a Department Operations Center to coordinate with partner agencies, food pantries, and the Merced County Food Bank to support families during the disruption. He emphasized the need to share accurate information and to support donation efforts. Mr. Ceccoli provided a detailed presentation regarding the scope of the Cal Fresh disruption and County efforts to mitigate impacts. He reviewed timelines related to the shutdown, household statistics, and coordination efforts with community partners such as Bethel Community Church, Merced County Food Bank, school districts, and 2-1-1. He noted that free transportation through The Bus is being offered to assist individuals in accessing food resources. He stated that donation sites, including Fire Station 71 in Los Banos, are available for community members wishing to contribute food. He thanked the City for proactively requesting this presentation. City Council and the City Manager thanked Supervisor Silveira and Director Ceccoli for their clear communication and coordination
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

Representatives from the PACHECO HIGH THESPIAN SOCIETY presented their upcoming fall play, The Outsiders, scheduled for Thursday through Saturday, with two shows on Saturday, and encouraged the community to attend to enjoy live theater and support local students. BLANCHE JORGE, a downtown resident, speaking on behalf of the Elks Lodge, invited veterans to a complimentary luncheon and suggested creating flyers to recruit volunteer pilots to help transport animals for rescue, highlighting the ongoing efforts of shelter staff to place surrendered or injured animals with rescues.

KARTHIK PRASAD, representing Congressman Adam Gray, thanked the community for their participation in the Veterans Day Parade and requested City Council support for the Protecting Health Care and Lowering Costs Act, aimed at preserving healthcare access for Valley families, reversing previous budget-related healthcare cuts, and maintaining enhanced ACA premium tax credits. A RESIDENT of the Macarthur Apartments voiced ongoing concerns regarding broken light posts, inadequate maintenance, widespread drug activity, and tenant fear of retaliation, criticizing management and maintenance staff for lack of responsiveness and urging the City Council to address these issues. Finally, a bilingual community member spoke on behalf of a Los Banos resident advocating for the allowance of backyard hens within city limits, emphasizing the benefits of sustainability, educational opportunities, and support for local food production, while suggesting regulations to limit the number of hens, require clean and enclosed coops, and prohibit roosters to manage noise. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Chavez inquired about agenda items 7E - City Council Resolution No. 7010 - Awarding the Bid for the Purchase of Two (2) New 2026 Model ½ Ton Pickup Trucks with Liftgates and Authorize to Issue a Purchase Order in the Amount of $106,060.20 to Ferro Automotive Group dba Fairfield Chevrolet; 7F - City Council Resolution No. 7011 -Awarding the Bid for the Purchase of a New 2026 Model ½ Ton Crew Cab Truck and Authorize to Issue a Purchase Order in the Amount of $48,457.99 to Ferro Automotive Group dba Fairfield Chevrolet; 7G - City Council Resolution No. 7012 -Awarding the Bid for the Purchase of a New 2026 Model Mid-Size Crew Cab 4x4 Truck and Authorize to Issue a Purchase Order in the Amount of $41,642.63 to Ferro Automotive Group dba Fairfield Chevrolet specifically regarding the process for awarding bids and how to keep tax dollars local. Mr.

Via explained that santos ford had received the 5% local preference but was unable to meet bid specifications, including engine and bed size requirements, as well as the 60- day delivery timeline, which would have required 90-120 days. ferro automotive group, in contrast, had all vehicles readily available for immediate delivery, making them the successful bidder. Staff clarified that while supporting local businesses is important, all tax dollars from these vehicle purchases will still return to the local area where the vehicles are registered. Mr. Chavez sought guidance on whether anything further could be done to favor local vendors in similar situations, and staff confirmed that tax revenues would benefit the city.
36 Motion by Lewis, seconded by Sanders to approve the consent agenda items as follows:

Check Register for #254152 - #254494 in the Amount of $2,929,886.15; First Quarter Investment Report for 2025/2026; City Council Resolution No. 7008 - Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2018 and 2017 as Prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) Auditors; City Council Resolution No. 7009 - Approving the Radio Tower License Agreement Between the City of Los Banos and the County of Merced, Authorizing Merced County to Install and Operate Public Safety Radio Communications Equipment on the City-owned Telecommunications Tower Located at the Los Banos Fire Department; City Council Resolution No. 7010 -Awarding the Bid for the Purchase of Two (2) New 2026 Model ½ Ton Pickup Trucks with Liftgates and Authorize to Issue a Purchase Order in the Amount of $106,060.20 to Ferro Automotive Group dba Fairfield Chevrolet; City Council Resolution No. 7011 - Awarding the Bid for the Purchase of a New 2026 Model ½ Ton Crew Cab Truck and Authorize to Issue a Purchase Order in the Amount of $48,457.99 to Ferro Automotive Group dba Fairfield Chevrolet; City Council Resolution No. 7012 - Awarding the Bid for the Purchase of a New 2026 Model Mid-Size Crew Cab 4x4 Truck and Authorize to Issue a Purchase Order in the Amount of $41,642.63 to Ferro Automotive Group dba Fairfield Chevrolet; City Council Resolution No. 7013 - Accepting the Eastern Application Field Irrigation Piping Replacement Project at the Wastewater Treatment Plant as Complete, Authorizing the Filing of the Notice of Completion, Authorizing Release of Retention, and Approving a Budget Amendment to Increase Appropriations in the Wastewater Treatment Fund by $110,320.90; City Council Resolution No. 7014 - Acting as the City of Los Banos Groundwater Sustainability Agency Authorizing the City Manager to Execute the DeltaMendota Subbasin Groundwater Sustainability Agencies (GSA) Joint Powers Authority Agreement. The motion carried by the affirmative action of all Council Members present, Perez absent.

UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID). Mayor announced that City Attorney Vaughn left the Council Chambers because of a conflict.

Finance Director Moreno presented the staff report, which included a PowerPoint presentation. Ms. Moreno reported that following council approval of the PBID agreement renewal on May 7, staff collaborated with PBID representatives between June and August to gather financial reports and tax returns from inception to present. On September 7, 2025 solicitations were sent to three qualified audit firms; two submitted proposals, while one declined due to workload. A full six-year audit was estimated between $60,000 and $66,000, exceeding the city's informal procurement threshold of $30,000. Staff explored scaled alternatives with Price Page and Company, CPAs, the lowest cost respondent, who proposed three engagement options: · (1) a compilation engagement covering six years at $27,500, providing no assurance and limited to identifying obvious errors; (2) a review engagement covering four years with limited assurance but without fraud detection or internal control testing; and (3) an audit engagement covering fiscal years 23-24, 24-25, and partial testing of 22-23, including internal control testing, at $28,500, which remained within procurement limits. Ms. Moreno emphasized that the Council's primary objective is to validate the accuracy and reliability of PBID financials, and staff concluded that option three offered a practical balance 37 between audit integrity and cost-effectiveness. Council was presented with three possible courses of action: issue a formal RFP for a full six-year audit, proceed with option three for a 2.5-year audit within the informal procurement threshold, or provide alternative direction. Costs for option three will be offset against future PBID disbursements as agreed with the downtown association. Additionally, staff noted that retroactive audits could be conducted if findings warrant and that annual audits will continue going forward to ensure ongoing oversight, compliance, and financial accountability.

Mayor invited the public who is in favor of the proposal or a certain option to come forward.

CAROLYN VIERRA described the origins of the Downtown Association as a grassroots volunteer organization with no salaries or mandatory assessments. She expressed concern that a local business had "hijacked" the group, influencing maps, boundaries, and assessments. She noted that while a majority of downtown business owners voted against renewing the PBID for another 10 years, the city's majority vote allowed the renewal. She expressed concern about potential yearly assessments of up to 3% and strongly voiced her support for a full audit to ensure accountability and transparency.

MARK DUNES, representing the Oddfellows, spoke about his long-standing involvement and investment in the PBID, noting that his business had contributed over $82,000 in assessments over 10 years. He raised concerns that current PBID expenditures may not comply with the assessment agreement, pointing out that funds should be divided into three categories, ,administration/operations (15%), marketing/placemaking (42.5%), and maintenance/security (42.5%, but noted that a fourth category, "small infrastructure," had been added in the current budget. He emphasized that funds should not be commingled with the OTA and recommended providing five quarterly reports, including profit and loss statements, balance sheets, and 12-month trailing reports. He supported the city's recommendation for the 2½-year audit, noting that further audits could be conducted if discrepancies or fraud were discovered. ELAINE CORY voiced frustration over repeated requests for financial statements and audits that had gone unfulfilled. She cited a CPA letter stating that prior PBID recordkeeping did not meet standard accounting practices and referenced PBID bylaws requiring audited statements within 120 days of the fiscal year. She emphasized that, due to bad faith and lack of transparency, the city should conduct a full six-year audit to ensure accountability for tax dollars. FRANK VIERRA, owner of Lou's Beauty Salon, expressed dissatisfaction with the PBID process, including the need to revote due to square footage calculations, rising assessment costs, and lack of notifications for meetings. He stressed that business owners should have direct input over how their tax dollars are spent and expressed concern over the perceived lack of democracy and fairness in the process. KATHY BALLARD, though not a downtown business owner, reviewed PBID reports and noted significant gaps in financial transparency. She supported the 2½-year audit while leaving the option open for a full audit if discrepancies were found. REFUGIO LLAMAS expressed full support for the audit and a desire to see a vibrant downtown, thanking Council Member Lewis for bringing the item forward. MARIBEL spoke about the Downtown Association (OTA) services and accomplishments, noting that the organization operates with a budget of approximately $176,000 to support downtown events, beautification, and safety. She emphasized that the OTA welcomes the audit and accountability but requested inclusion in city discussions and recognition of the DTA's contributions, such as funding from "Farm to Table" events and banners. She stated the organization operates transparently and seeks collaboration 38 rather than criticism. The City Clerk read letters from property and business owners, including Leah Costa (Fleur Delis), Kathleen Simas (Health Time), Joanne Hoffer, Sean George, Emil D. Areca, Alfred Whitehurst, Trajan J. Soares, Maritza Lopez, Malicio Hernandez, and Patricia Reyes, all urging the completion of the audit by the end of 2025.

ELAINE CORY further emphasized the importance of separating the OTA and PBID to ensure transparency and proper handling of tax dollars, noting that concerns relate only to city funds, not the nonprofit's own operations.

Mayor Amabile stated that the previous administration handled the PBID and the current council wants to ensure proper oversight and positive progress for downtown. He asked Ms. Moreno to explain the difference between a six-year audit and a 2½-year audit, noting the shorter audit can start sooner and may be paid over time. Mr. Amabile emphasized that expenditures over $30,000 require a formal process, and the goal is to support, not burden, the Downtown Association (OTA). Tom Kaljian noted the council's efforts to improve downtown, citing improvements such as cameras, pressure-washed sidewalks, trash containers, and the restoration of the old theater, and expressed support for conducting an audit. Council Member Sanders inquired whether the PBID documentation is sufficient for auditing. Ms. Moreno confirmed that the 2½-year audit can be conducted with available records, with the possibility of requesting additional documents if needed.

Council Member Lewis emphasized accountability to the public, noting that tax dollars must be transparent regardless of whether the OTA generated revenue during COVID.

She supported a full six-year audit if discrepancies are found but agreed that a 2½-year audit provides a timely starting point. Lewis highlighted the need for separate meetings for OTA and PBID matters and stressed transparency and ethical responsibility. Council Member Chavez noted that the PBID has three funding categories and supported starting with the 2½-year audit, with a full audit if issues arise. Mr. Sanders agreed that the 2½- year audit is a good starting point.

Motion by Lewis, seconded by Sanders staff was directed to proceed with a 2½-year audit (option three), with the following conditions: The audit report will be returned to council, if discrepancies are found, a full six-year audit will be conducted, the financial burden of the audit will fall on the PBID/DTA, payments for the audit will be spread over two years, annual audits will be required moving forward to ensure continued oversight and compliance. The motion carried by the affirmative action of all Council Members present, Perez absent.

City Attorney Vaughn return to the Council Chambers and his seat at the dais.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2025 CALIFORNIA FIRE STANDARDS CODE, LOCAL CITY OF LOS BANOS AMENDMENTS TO THE CODES. AND JUSTIFICATION OF LOCAL CONDITIONS:

ORDINANCE NO. 1211 -ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA FIRE CODE BY AMENDMENT TO TITLE 4 CHAPTER 3 OF THE LOS

BANOS MUNICIPAL CODE AND ADOPTION OF LOCAL AMENDMENTS THERETO (FIRST READING & INTRODUCTION). Assistant Fire Chief Dorenbush presented the staff report. Eric Gallichio, Deputy Fire Marshall, which included a PowerPoint presentation, speaking in detail to the tri-annual municipal code updates, which occur 39 every three years and align with statewide standards. Public notices were sent in October and posted in the Merced Sun-Star. The updated codes will be effective January 1, 2026.

Key changes include alignment with the 2024 International Fire Code and adoption of the 2025 California Fire Code, along with 13 local amendments in Municipal Code Title IV, Chapter 3.07 addressing administration, cost recovery, permits, inspections, plan review fees, automatic sprinklers, fire extinguishers, alarm systems, pallet storage, explosives, flammable liquids, and LPG storage. Updates also clarify pre-fire clearances, delegate enforcement to the local office, revise the Wildland Urban Interface (WUI) Code, update energy storage system (ESS) and battery type definitions per NFPA 855, and modify fire protection systems, special amusement areas, emergency egress and illumination, twoway communication, and temporary structures including tents.

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

Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1211 - Ordinance No. 1211 - Adopting by Reference the 2025 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto. The motion carried by the affirmative action of all Council Members present, Perez absent.

Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1211 - Ordinance No. 1211 - Adopting by Reference the 2025 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto: A YES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: Perez.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2025 CALIFORNIA BUILDING STANDARDS CODE, LOCAL CITY OF LOS

BANOS AMENDMENTS TO THE CODES, AND JUSTIFICATION OF LOCAL CONDITIONS; ORDINANCE NO. 1212 - ADOPTING BY REFERENCE THE 2025

EDITION OF THE CALIFORNIA BUILDING STANDARD CODES BY AMENDMENT TO TITLE 8 CHAPTER 1 OF THE LOS BANOS MUNICIPAL CODE (FIRST READING & INTRODUCTION). Assistant Fire Chief Dorenbush presented the staff report, making note that the building code updates primarily address Part Seven (Wildland Urban Interface), energy and green codes, and electric-ready buildings to support future adoption of cleaner electric technologies for cooking and water heating.

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

Motion by Chavez, seconded by Sanders to waive the first reading of Ordinance No. 1212 - Adopting by Reference the 2025 Edition of the California Building Standard Codes by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. The motion carried by the affirmative action of all Council Members present, Perez absent.

Motion by Chavez, seconded by Sanders to introduce Ordinance No. 1212-Adopting by Reference the 2025 Edition of the California Building Standard Codes by Amendment to 40 Title 8 Chapter 1 of the Los Banos Municipal Code. AYES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: Perez.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF APPROVING THE SIXTH CYCLE MUL Tl-JURISDICTIONAL HOUSING ELEMENT (2024-2032) AND APPROVING A NEW ORDINANCE TO IMPLEMENT THE HOUSING ELEMENT ESTABLISHING A REGIONAL HOUSING NEEDS ASSESSMENT {RHNA) OVERLAY DISTRICT; CITY COUNCIL RESOLUTION NO. 7015 - APPROVING GENERAL PLAN AMENDMENT NO. 2025-03 TO ADOPT THE CITY OF LOS BANOS HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2024-2032; ORDINANCE NO.1213-ADDING ARTICLE49 TO TITLE 9, CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE - REGIONAL HOUSING NEEDS ASSESSMENT {RHNA)

OVERLAY DISTRICT TO FACILITATE IMPLEMENTATION OF THE HOUSING ELEMENT (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report which included a PowerPoint presentation. Making note that this is the sixth cycle multi-jurisdictional housing element for 2024-2032 and the related ordinance establishing a Regional Housing Needs Assessment (RHNA) overlay district. Elms explained that City discretion in approving the housing element is limited, as compliance with State law and certification by the Department of Housing and Community Development (HCD) is required to maintain eligibility for state funding, including the Encampment Resolution Fund. The housing element, one of eight mandatory elements of the City's General Plan, is updated every eight years per RHNA allocations. A regional approach involved multiple jurisdictions in Merced County, Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and the County, with each city focusing on jurisdiction-specific policies in their appendices. Public participation included workshops, surveys (over 150 responses), stakeholder interviews, and a dedicated website. The analysis considered population growth, employment trends, housing affordability, and constraints (governmental, market, and environmental). Los Banos' RHNA allocation is 3, 132 units, with credit for approved or planned units and anticipated ADUs reducing the required site inventory to 2,434 units, leaving a surplus of 371 units to meet State buffer requirements. A new requirement, Affirmatively Furthering Fair Housing (per AB 686), directs the City to promote equitable housing opportunities across high-, moderate-, and low-resource areas. The housing plan includes seven goals: regional collaboration, housing development, affordable housing options, housing and neighborhood preservation, housing for persons with special needs, resource conservation and sustainable development, and affirmatively furthering fair housing. Programs supporting these goals address zoning amendments, incentives, and outreach. The City determined the housing element update is exempt from CEQA under guidelines sections 15061(b)(3) and 15283 due to its recently adopted General Plan and certified EIR. Ordinance No. 1213 establishes a RHNA overlay district to implement the housing element, identifying 13 eligible "by-right" sites for lower-income housing, which must include at least 20% affordable units and are approved ministerially without discretionary permits. These sites, included in the City's site inventory, have the potential to provide over 1 ,400 units and include ongoing projects such as the North Point subdivision, Joe Rocha developments, Sunset Hills, and Alta Vista. 41 Mayor Amabile opened the public hearing. No one came forward to speak and the public hearing was closed.

Council Member Sanders inquired about the discretion the City has in implementing the housing element. Ms. Souza Elms explained that discretion primarily exists within the programs and site inventory. While the State of California defines the required programs and implementation language, the City can provide additional incentives or flexibility to support development. For site inventory, sites were already identified and zoned in the 2022 General Plan update, whereas other jurisdictions may have more discretion in selecting and rezoning sites.

City Manager Than acknowledged the extensive work involved in meeting the sixth cycle housing element requirements. It was noted that this cycle is among the most challenging and that compliance is critical for maintaining eligibility for state funding, including IRF and SB1.

Motion by Sanders, seconded by Lewis to adopt City Council Resolution No. 7015 - Approving General Plan Amendment No. 2025-03 to Adopt the City of Los Banos Housing Element of the General Plan for the Period of 2024-2032. The motion carried by the affirmative action of all Council Members present, Perez absent.

Motion by Lewis, seconded by Chavez to waive the first reading of Ordinance No. 1213 - Adding Article 49 to Title 9, Chapter 3 of the Los Banos Municipal Code - Regional Housing Needs Assessment (RHNA) Overlay District to Facilitate Implementation of the Housing Element. The motion carried by the affirmative action of all Council Members present, Perez absent.

Motion by Lewis, seconded by Chavez to introduce Ordinance No. 1213-Adding Article 49 to Title 9, Chapter 3 of the Los Banos Municipal Code - Regional Housing Needs Assessment (RHNA) Overlay District to Facilitate Implementation of the Housing Element. A YES: Chavez, Lewis, Sanders, Amabile; NOES: None; ABSENT: Perez.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 7016 - AMENDING THE CITY'S POLICY & PROCEDURES MANUAL (PERSONNEL RULES}

AND ESTABLISHING THE SUMMARY OF COMPENSATION FOR UNREPRESENTED EMPLOYEES. Human Resources Director Mallonee presented the staff report requesting Council approval of an update the City's Personnel Rules and establish a separate Summary of Compensation for unrepresented employees. The Personnel Rules, originally adopted in 2012, had only minor updates since then. The comprehensive review, conducted by HR, the Interim City Manager Brizzee, and outside legal counsel, ensures compliance with current laws, reflects current practices, and improves clarity for employees and supervisors. Department heads and all six bargaining groups were given opportunities to review and provide input, with agreements reached where meetings occurred. Key updates include placing benefits for unrepresented employees in a separate, easy-to-reference document consistent with MOUs for other employee groups; updating leave provisions (sick leave, family and medical leave, bereavement leave, and victim leave) to comply with state law; updating special pay items per CalPERS rules; and 42 adding modern policies on outside employment, drug and alcohol testing, mobile device and social media use, workplace civility, and safety programs. Several changes have financial impacts, including: increasing the lateral police officer hiring incentive from $3,000 to $15,000; updating temporary upgrade pay for assignments expected to last 30+ days; reinstating unused sick leave for employees returning within two years; and allowing CTO accrual and cash-out up to 80 hours for eligible employees. Current budget funds are sufficient to support these changes.

Council Member Lewis sought clarification on organizational sections, including Planning Commission membership, Parks and Recreation oversight, and the Tree Committee, which HR confirmed would be updated. Questions regarding tuition reimbursement clarified that education must enhance the employee's ability to perform their job, and that department heads are still expected to hold a B.S. or B.A., while mid-level managers are not required. The resolution also maintains flexibility to align with recruitment needs and evolving state law for public safety positions. Council acknowledged the extensive work involved in updating the Personnel Rules and Summary of Compensation and thanked staff for their efforts.

Motion by Lewis, seconded by Sanders to adopt City Council Resolution No. 7016 - Amending the City's Policy & Procedures Manual (Personnel Rules) and Establishing the Summary of Compensation for Unrepresented Employees and changes to Section 2004 Los Banos Planning Commission, Section 2005 Los Banos Parks & Recreation Commission and Section 2007 Los Banos Tree Commission to match was the Los Banos Municipal Code reads. The motion carried by the affirmative action of all Council Members present, Perez absent.

UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTO\AJN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID). Moved up on the agenda to be heard after the consent agenda approval.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms provided an update on the Stonefield subdivision, scheduled for Planning Commission review on November 12, proposing 543 single-family units, a multifamily component, one acre for a fire station, five acres for parkland, and a linear trail along the canal. Housing Program Manager Christy McCammond gave an update on the One Tree Permanent Supportive Housing project.

She reported that the real estate transaction is closing soon, allowing construction to begin, with a groundbreaking planned for the week of November 17. Permitting through Public Works and Planning is progressing, and deposits for housing units are expected soon. Lease-ups and move-ins are projected within 12-18 months. Ms. McCammond highlighted recent successes, including two formerly unhoused individuals now in their own apartments, one of whom secured full-time employment. She emphasized weekly follow-ups with newly housed residents to ensure continued support. Ms. McCammond also explained the time required for development due to procurement, legal review, careful planning, and construction, noting the importance of fairness, diligence, and safety 43 in the process. Council members acknowledged the progress and successes, particularly regarding landlord engagement and housing accessibility.

Finance. Director Moreno provided updates on ongoing audits. The regular city audit is progressing well, with final fieldwork completed and no issues identified; completion is expected by December 31. The specialized audit, requested by Council for past capital projects, is also underway, with documentation being uploaded and interviews conducted.

Staffing updates were given: an Accounting Clerk I starts Monday, and recruitment for an Accountant II is ongoing, which will allow the Finance Department to be fully staffed. Staff efforts were praised for their work on audits and the new PBID. Additionally, a TOT (Transient Occupancy Tax) audit is planned. A company previously audited a portion of local motels, and the remaining hotels will be audited under an annual contract after the regular city audit is complete.

Fire. No Report
Human Resources. No Report
Parks & Recreation. Absent
Police. Chief Reyna provided updates on the homeless encampment, reporting that since early June, about 95 individuals are living in approximately 90 all-weather tents on G Street. The site is monitored daily from 6 p.m. to 6 a.m. with cameras and security, and calls for service, including fires and trash burning, have significantly decreased, making the site safer and easier to manage. Approximately 95% of the city's homeless population is now concentrated at this location, and city staff, including police, code enforcement, fire, public works, and parks, actively manage the site and support outreach services.

Additional housing solutions are being developed as weather conditions change. The Chief also provided an update on the city's 12th annual food drive, running from November 1 to December 10, noting that approximately 6,000-7,000 pounds of food have been collected, including a large donation from local high schools, and donations are being delivered to local food banks as collected, with drop-off locations at the police department lobby and Mechanics Bank. Additionally, the Chief shared information about a Police Officer Association fund raiser dinner on November 10 to support an officer facing a family emergency, with tickets available at the police department and takeout options provided. Finally, the Chief acknowledged outgoing City Attorney Mr. Vaughn for his mentorship and service. Council members asked clarifying questions regarding donation logistics and payment options, which the Chief addressed.

Public Works. Director Via Public Works Director William provided updates, noting that fall leaf pickup will begin soon, with leaves collected and sent to a certified organic composting facility, then returned to residents as compost through Mid-Valley Disposal.

He reminded residents to pull their garbage cans off the street after collection to allow street sweepers to operate efficiently. Staffing updates were provided, including a conditional offer made for an Environmental Control Specialist (wastewater treatment plant operator), upcoming part-time maintenance worker interviews, and scheduling for utility maintenance worker positions. William also noted progress on city projects, 44 including three pre-construction meetings in his first eight days and an update on Ortega Leader Road Pioneer, where signal light poles have arrived earlier than expected, though installation is still pending electricity and other components. He acknowledged that the city's proactive general plan has helped streamline development and project planning.

CITY MANAGER REPORT. City Manager Than provided updates, beginning with executive compensation adjustments. The Police Chiefs salary was increased to $18,011 per month ($216, 132 annually), effective November 1, 2025, based on a performance review completed on January 27, 2025. The Parks and Recreation Director's salary was increased to $13,018 per month ($156,216 annually), effective November 16, 2025, following an October 27 performance review. The City Manager also reminded the council about planning for next year's One Voice trip, with delegate nominations due by December 1 and a full week of meetings in Washington, D.C., expected in May.

Additionally, public input meetings for the Pump Track Project and South Point Park Project are scheduled for November 13 at 5:30 PM and November 15 at 12 PM at the Community Center. The City Manager concluded by expressing excitement to work with the city's department heads and staff, noting substantial ongoing progress on city projects.

CITY COUNCIL MEMBER REPORTS:

MITZY PEREZ - DISTRICT 1: Absent
EVAN SANDERS - DISTRICT 2: Expressed appreciation to city staff, noting he is continually impressed with their work and professionalism. He highlighted the number of community events recently, emphasizing that there is plenty happening in town. Evan also voiced support for establishing an ordinance regarding hens and roosters, particularly due to concerns about noise from roosters in his neighborhood, and encouraged community involvement on the issue. He inquired about the status of DeAnza Way, and Public Works Director Via responded that while discussions and meetings are ongoing, there is no finalized plan yet; coordination with Caltrans on permitting is still in progress, and a report will be provided at the next meeting. City Manager Than added that the ongoing coordination with Caltrans and permitting processes will be clarified in the next report to ensure Council receives accurate and complete information.

MARCUS CHAVEZ - DISTRICT 3: Echoed appreciation for city staff, noting their excellent work, and welcomed newly appointed Public Works Director Via and City Manager Than, commending them for quickly getting up to speed. He mentioned concerns regarding the MacArthur Apartments and requested follow-up on potential solutions. Mr. Chavez also praised the Veterans Parade for its high participation and turnout, highlighting the abundance of community events and activities in the city. He concluded by expressing gratitude to former Acting City Manager Brizzee for his service and contributions to the city.

DEBORAH LEWIS - DISTRICT 4: Provided an update from the San Joaquin Air Quality Control District, recommending that residents avoid wood burning in fireplaces and stoves from November 1 through the end of February to reduce PM 2.5 pollutants. She noted that grants are available to help residents transition to cleaner alternatives, such as gas 45 inserts or electric fireplaces. Ms. Lewis also shared her recent participation in the League of Cities and the annual Valley Air District retreat, where she attended sessions on council meetings, state and federal finances, and wildfire mitigation. She highlighted a tour of a biofuel plant near Bass Lake, set to come online in December, which will convert tree debris from wildfires into energy for PG&E, producing minimal pollutants. She welcomed new Public Works Director Via and the new City Manager Than and expressed her appreciation for the productive council meeting.

MICHAEL S. AMABILE - MAYOR: Announced that, thanks to a grant from the Air Quality Board, the council chambers will soon allow residents to watch meetings on TV and interact with the city clerk during meetings, as required by the state. He also mentioned being invited to tour the Diablo Canyon nuclear plant in December and promised a report afterward. He thanked everyone for their participation during the long meeting and emphasized the differences in speed between city, county, state, and federal government processes. He noted the next council meeting would be in two weeks and acknowledged that City Attorney Vaughn would be briefly absent but would return in December and the Mayor encouraging residents to "shop smart and support local." ADJOURNMENT. The meeting was adjourned at 10:14 p.m.

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
46 LOsBanos
At lhe Crossroads ,J Califon1ia
Agenda Staff Report
TO:

FROM:

DATE:

Michael S. Amabile & City Council Members
Minerva Moreno, Finance Director ~
November 19, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Requesting to update LAIF Resolution
Recommendation:

Adopt a resolution by the City Council, Authorizing to update authorized signers to the City of Los Banos LAIF (Local Agency Investment Fund) Account.

Background:

The Local Agency Investment Fund (LAIF) has requested an update regarding the authorized signers to the City's LAIF account. The purpose of this resolution is solely to revise the list of authorized signers for the City of Los Banos LAI F account.

Fiscal Impact:

Informational only, no fiscal impact.

Reviewed by:
~llSoknirorn Than, City Manager
Attachments:

Resolution
Authorization for Transfer of Funds Form
Authorization for Transfer of Funds Instructions
47 ITEM 7E

THIS PAGE IS INTENTIONALLY LEFT BLANK
48 RESOLUTION NO.

RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING INVESTMENT OF MONIES IN THE

LOCAL AGENCY INVESTMENT FUND
WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Governmental Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council of the City of Los Banos does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated therein.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the deposit and withdrawal of the City of Los Banos monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard.

BE IT FURTHER RESOLVED, that the following City of Los Banos officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:

Soknirorn Than
City Manager
Minerva Moreno
Finance Director
Lucy Mallonee
City Clerk
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held of the 19th day of November, 2025, by Council Member_ who moved for its adoption, which motion was duly seconded by Council Member_, and the Resolution was adopted by the following vote:

A YES: Council Members
NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
49 Effective Date
11/19/2025
California State Treasurer's Office
Local Agency Investment Fund (LAIF)
Authorization for Transfer of Funds
Agency Name

CITY OF LOS BANOS
LAIF Account#
98-24-490
Agency's LAIF Resolution # _ _ ____ __ or Resolution Date __ 1_1/_1_9/_2_0_25 __ ONLY the following individuals whose names appear in the table below are hereby authorized to order the deposit or withdrawal of funds in LAIF. This authorization REPLACES AND SUPERSEDES all prior authorizations on file with LAIF for the transfer o[tunds.

Name Title
Soknirorn Than City Manager
Minerva Moreno Finance Director
Lucy Mallonee City Clerk
Two authorized signatures required. Each of the undersigned certifies that he/she is authorized to execute this form under the agency's resolution, and that the information contained herein is true and correct.

Signature
Minerva Moreno
Print Name
Finance Director
Title
209-827-2442
Phone Number
Please provide email address to receive LAIF notifications.

Name
Signature
Lucy Mallonee
Print Name
City Clerk
Title
209-827 -2412
Phone Number
Email
Soknirorn Than [email protected]
Minerva Moreno [email protected]
Please email the completed form for review to [email protected] and allow 2 days for a response. DO NOT mail the original form until you receive approval.

Mail the approved form to: CA State Treasurer's Office
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
STO-LAIF-4008
Revised 1/2024
50 Authorization Chan e Form Instructions:

Step 1: Fill out your agency information in the top section.

Effective Date Agency Name LAIF Account#
Agency's LAlf Resolution II _______ or Resolution Date _ ____ _ Step 2: List all new and existing authorized individuals. Any current authorized people not listed will be removed.

Name Title
-
''
Step 3: Have the form signed by two individuals authorized per your LAIF resolution . The two signers will have to be included on the list of new and existing authorized individuals, unless they are signing themselves off the LAIF account.

If the signers are new to the account, they will need to include proof of title. LAIF will accept any one of the following as proof of title:

1. Original Business card

2. Approved/signed board minutes

3. Name and title posted on your agency website {Provide a direct website link}

4. Personnel employment papers {Certified oath of office or certified appointment papers}

5. Agency's certified resolution copy showing name and title.

Step 4: Fill out the bottom section if anyone from your agency would like to receive email notifications from LAIF.

Please provide email address to receive lAlf email notifications.

Name Email
Step 5: Email a copy of the Authorization Change form and the required proof of title if needed to [email protected] for review. Once you receive approval from LAIF staff, please mail the original Authorization Change form with wet signatures and the proof of title listed in Step 3. 51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 TO:

FROM:

DATE:

LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor Amabile and City Council Members
Minerva Moreno, Finance Directo~
November 19, 2025
SUBJECT: Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2019 and 2018
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that Council adopt a Resolution accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2019 and 2018 as prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) auditors.

Background:

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

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

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

The City of Los Banos is an annual recipient of TOA funding to support its transportation services and infrastructure.
53 ITEM 7F
Discussion:

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

For the fiscal year ending June 30, 2019 and 2018, the City of Los Banos fulfilled this requirement in coordination with Price Paige & Company (Price Paige), who conducted and finalized the Financial Report. The audit concluded with no reported risks or findings.

To address a misstatement, management recorded an adjusting entry to resolve a timing discrepancy associated with first-quarter and fourth-quarter revenue recognition in a net income effect of $10,051.

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

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

Fiscal Impact:

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

Reviewed by:

Soknirorn Than, City Manager
Attachments:

Resolution
Transportation Development Act Funds Financial Statements ending June 30, 2019 and 2018
54 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING THE

TRANSPORTATION DEVELOPMENT ACT

FUNDS FINANCIAL STATEMENT FOR THE
YEARS ENDED JUNE 30, 2019 AND 2018.

WHEREAS, the City of Los Banos collaborated with the Merced County Association of Governments and its designated auditing firm, Price Paige & Company, to conduct an audit of Transportation Development Act (TOA) funds received for the Years Ended June 30, 2019 and 2018; and WHEREAS, Price Paige & Company has completed the audit and reported no findings or areas of concern; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby accepts the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2019 and 2018, as presented by Price Paige & Company.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of November 2025, by Council Member _ _ ___ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
55 Transportation Development Act Funds
Non-Transit Operations
City of Los Banos I CA
Financial Statements
For the Years Ended June 30, 2019 and 2018
iiJI PRICE PAIGE & COMPANY 11!1 Certified Public Accountants 56 TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEARS ENDED JUNE 30, 2019 AND 2018 Financial Statements

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

Article 8 Streets and Roads:

Balance Sheets ............................................................ .... .............................................................................................. 5 Statements of Revenues, Expenditures and Changes in Fund Balance ............... .......................................................... 6 Notes to the Financial Statements ...................................................................................................... ............. .................. .. 8 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and the Rules and Regulations of the Transportation Development Act.. .............................................................. .. ............................ 10 Findings and Questioned Costs:

Schedule of Findings and Questioned Costs ...................................................................................................................... 13 Summary Schedule of Prior Audit Findings ............................................................................................. ........................... 14 57 Iii PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be

INDEPENDENT AUDITOR'S REPORT
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the Merced County Association of Governments' passthrough Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City), as of and for the years ended June 30, 2019 and 2018, and the related notes to the financial statements, which collectively comprise the TDA Funds of the City's financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the TDA Funds of the City, as of June 30, 2019 and 2018, and the respective changes in financial position thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America.

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

Emphasis of Matter
As discussed in Note 1, the financial statements of the TOA Funds of the City are intended to present the financial position and the changes in financial position of only that portion of the TDA Funds of the City that is attributable to the transactions related to the Merced County Association of Governments' pass-through TOA Funds. They do not purport to, and do not present fairly the financial position of the City as of June 30, 2019 and 2018, or the changes in its financial position for the years then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. 1 570 N. Magnolia Avenue, Suite I 00
Clovis, CA 9361 1
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
58 Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions.

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

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

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

Required Supplementary Information
Management has omitted the management's discussion and analysis and budgetary comparison information that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information. 2 59
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 6, 2025, on our consideration of the City's internal control over financial reporting as it relates to the TDA Funds, and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance as it relates to the TDA Funds.

Clovis, California
November 6, 2025
3 60

FINANCIAL STATEMENTS
4 61

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2019 AND 2018
Article 8 Streets and Roads
Balance Sheets
2019 2018
ASSETS
Cash and investments $ 234,840 $
Intergovernmental Receivable 37,520
Interest Receivable 885
Total assets $ 273,245 $

LIABILITIES
Accounts payable $ - $
Total liabilities

FUND BALANCE
Restricted 273,245
Total fund balance 273,245
Total liabilities and fund balance $ 273,245 $
The notes to the financial statements are an integral part of this statement. 5 420,198
54,938
1,083
476,219
21,203
21,203
455,016
455,016
476,219
62 TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEARS ENDED JUNE 30, 2019 AND 2018 Article 8 Streets and Roads
Statements of Revenues, Expenditures and Changes in Fund Balance 2019 2018

REVENUES
Intergovernmental allocations $ 150,078 $
Interest revenue 5,664
Total revenues 155,742

EXPENDITURES
Current:

Public ways and facilities 337,513
Total expenditures 337,513
Net change in fund balance (181,771)
Fund balance - beginning 455,016
Fund balance - ending $ 273,245 $
The notes to the financial statements are an integral part of this statement. 6 109,874
2,840
112,714
47,983
47,983
64,731
390,285
455,016
63 NOTES TO THE FINANCIAL STATEMENTS
7 64

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2019 AND 2018
Notes to the Financial Statements
NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TOA Funds) of the City of Los Banos, California (the City) have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The financial statements presented are only from the accounts and financial transactions of the TDA Funds of the City. Accordingly, they do not present the financial position or the results of operations of the City. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The City's significant accounting policies are described below.

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

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

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

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

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

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

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

Committed - Amounts that can only be used for specific purposes pursuant to constraints imposed by City Council, the City's highest level of decision-making authority, through an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified uses through the same type of formal action taken to establish the commitment. 8 65

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I JUNE 30, 2019 AND 2018
Notes to the Financial Statements
NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Fund Balance Classification (Continued)
Assigned - Amounts that do not meet the criteria to be classified as restricted or committed but that are intended to be used for specific purposes. Intent is expressed by the City Council or its designee and may be changed at the discretion of the City Council or its designee. For all governmental funds other than the General Fund, any remaining positive amounts not classified as nonspendable, restricted or committed must be designated as assigned fund balance.

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

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

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

City-wide information concerning cash and investments for the years ended June 30, 2019 and 2018, including authorized investments, custodial credit risk and interest rate risk for debt securities and concentration of investments, carrying amount and market value of deposits and investments, may be found in the notes of the City's annual financial report. 9 66
Iii PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be

INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AND THE

RULES AND REGULATIONS OF THE TRANSPORTATION DEVELOPMENT ACT To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City), as of and for the year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the City's TDA Funds financial statements, and have issued our report thereon dated November 6, 2025.

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

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

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies.

Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. 10 570 N. Magnolia Avenue, Suite I 00
Clovis, CA 9361 1
www.ppc.cpa
tel 559 299.95 0
fax 559 299.23 ◄
67 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TOA Funds of the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. Our audit was further made to determine that TOA Funds allocated to and received by the City were expended in conformance with applicable statutes, rules and regulations of the Transportation Development Act and the allocation instructions and resolutions of the Merced County Association of Governments as required by Sections 6666 and 6667 of Title 21 of the California Code of Regulations. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards or the Rules and Regulations of the Transportation Development Act.

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

Clovis, California
November 6, 2025
11 68

FINDINGS AND QUESTIONED COSTS
12 69

TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2019
Schedule of Findings and Questioned Costs

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

Internal control over financial reporting:

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

SECTION II - FINANCIAL STATEMENT FINDINGS
None reported.

Unmodified
-----
- - ---
- ----
13 Yes X No ----
Yes ___ X __ Nonereported
Yes X No -----
70 TRANSPORTATION DEVELOPMENT ACT FUNDS NON-TRANSIT OPERATIONS CITY OF LOS BANOS I FOR THE YEAR ENDED JUNE 30, 2019
Summary Schedule of Prior Audit Findings

FINANCIAL STATEMENT FINDINGS
None reported.
14 71
Iii PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
November 6, 2025
To the City Council
City of Los Banos, California
And the Board of Directors
Merced County Association of Governments
Merced, California
We have audited the financial statements of Merced County Association of Governments' pass-through Transportation Development Act Funds (TDA Funds) of the City of Los Banos, California (the City) for the year ended June 30, 2019.

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

Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management of the City (Management) is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2019. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. We are not aware of any significant estimates for the fiscal year ended June 30, 2019.

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

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

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The attached material misstatements detected as a result of audit procedures were corrected by management.
570 N. Magnolia Avenue, Suite I 00
Clovis, CA 93611
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
72 Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report.

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

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

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

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

In our audit engagement letter previously provided to you, we communicated the following significant risks of material misstatement (significant risks) as part of our audit planning:
• Management override of controls
• Improper revenue recognition due to fraud.

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

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

Very truly yours,
?/UM- p~ i ~
73 Client:

Engagement:

Current Period:

Workpaper:

Account
AJE·Ol
To properly record intergovernmental receivable for FY2019 220·000-126-000
220-000-335-010
Total
PPA-01
PPA01 • To adjust for prior year revenue adjustment entry 220-000-335-010
220-000-253-030
Total

GRAND TOTAL

MCAG TOA FUND
06-30-2019 City of Los Banos
06/30/2019
Adjusting Journal Entries
Description
Intergovernmental Receivable
Local Trans Funds
Local Trans Funds
PPA (PPC Created)

Page 1 of 1 ends

Debit
37,520.00

0.00 37,520.00
27,469.00

0.00 27,469.00
64,989.00
Credit

0.00 37,520.00
37,520.00

0.00 27,469.00
27,469.00
64,989.00
Net Income Effect
37,520.00
(27,469.00}
10,051.00
6/18/2025
74 LC>sBanos
At tlie Crossroads of California
Agenda Staff Report
TO:

FROM:

Mayor and City Council Members v
William Via Jr., Public Works DirectorW i .. _....11
DATE: November 19, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorization to Apply for, Accept, and Execute a Caltrans Division of Aeronautics Airport Improvement Program (AIP) Matching Grant for Los Banos Municipal Airport Project No. 3-06-0140-011-2025 and amend the Fiscal Year 2025-2026 Budget
Recommendation:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to apply for, accept, and execute a Caltrans Division of Aeronautics Airport Improvement Program (AIP) Matching Grant for Los Banos Municipal Airport Project No. 3-06-0140-011-2025 and amend the Fiscal Year 2025-2026 Budget to recognize the associated State grant revenue as follows:
• Revenue Account 505-000-334-010 (State Grant): Increase by $3,515.00 Background:

On October 1, 2025, the City of Los Banos received a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant in the amount of $70,300 for the design phase of the Runway Rehabilitation Project (AIP Project No. 3-06-0140-011- 2025).

The FAA grant covers 90% of eligible project costs, requiring a 10% local match from the City's Airport Enterprise Fund. On October 1, 2025, the City Council approved acceptance of the grant and amended the budget to recognize the associated federal and local funding.

The Caltrans Division of Aeronautics administers the AIP Matching Grant Program, which provides local sponsors with up to 5% of the FAA grant amount to offset part of 75 ITEM 7G
their required local match. Based on the City's FAA award, Los Banos is eligible to receive approximately $3,515 in State matching funds.

Discussion:

The AIP Matching Grant reimburses a portion of the City's previously committed local share. To receive these funds, the City must submit a formal application and supporting documentation to Caltrans, along with an adopted City Council Resolution authorizing the City to:

1. Apply for the AIP Matching Grant;

2. Accept the allocation once awarded; and

3. Execute the grant agreement, designating the City Manager as the authorized signatory.

This action does not modify the FAA project scope or design-it simply recovers a portion of the local match previously approved.

Following approval, staff will complete the required Caltrans forms (DOA-0012 and DOA-0007) and submit them with the Resolution to receive the State matching reimbursement.

The total project cost remains $78, 111 and is comprised as follows:
• FAA grant: $70,300
• Caltrans AIP Matching Grant: $3,515
• Local share: $4,296 from the Airport Enterprise Fund
Fiscal Impact:

The FAA grant totals $70,300, with a City match of $7,811. The Caltrans AIP Matching Grant will reimburse approximately $3,515 of that local match.

A budget amendment will be processed to recognize the State grant revenue and corresponding project expenditure as follows:
• Revenue Account 505-000-334-010 (State Grant): Increase by $3,515.00 Reviewed by:
~,c
Soknirorn Than, City Manager
Attachments:

Resolution: Caltrans Division of Aeronautics AIP Matching Grant Form DOA-0012 (Application)
Form DOA-0007 (Request for Matching Grant)
76 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE SUBMITTAL OF AN APPLICATION,

ACCEPTANCE OF AN ALLOCATION OF

FUNDS, AND EXECUTION OF A GRANT

AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR

AN AIRPORT IMPROVEMENT PROGRAM
(AIP) MATCHING GRANT AND AMENDING
THE FISCAL YEAR 2025-2026 BUDGET
WHEREAS, the City of Los Banos and the Federal Aviation Administration (FAA) are parties to AIP Grant No. 3-06-0140-011-2025 for the Runway Rehabilitation Design Project at the Los Banos Municipal Airport; and
WHEREAS, the California Department of Transportation (Caltrans) Division of Aeronautics, pursuant to Public Utilities Code Section 21683.1, provides grants of up to five percent (5%) of Federal Aviation Administration Airport Improvement Program grants to assist airport sponsors with matching funds; and WHEREAS, the California Department of Transportation requires the City Council to adopt a Resolution authorizing the submission of an application, acceptance of an allocation of funds, and execution of a grant agreement for participation in the AIP Matching Grant Program;
WHEREAS, it is necessary to amend the Fiscal Year 2025-2026 Budget to recognize the associated increase in the State Grant Revenue Account 505-000-334- 01 O by the amount of $3,515.00;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:

1. Authorize filing an application for a State AIP Matching Grant for AIP Project No. 3-06-0140-011-2025 - Runway Rehabilitation Design;

2. Authorize accepting the allocation of State AIP Matching Grant funds for said project; and

3. Authorize execution of an AIP Matching Grant Agreement for said project.

4. Amend the Fiscal Year 2025-2026 Budget to recognize the State grant revenue as follows: Revenue Account 505-000-334-010 (State Grant): Increase by $3,515.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of November 2025, by Council Member 77 ___ 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
78 STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

CALIFORNIA AID TO AIRPORTS PROGRAM (CAAP) CERTIFICATION DOT DOA-0007 (REV 10/2024)

PLEASE PRINT OR TYPE AND COMPLETE ALL APPLICABLE ITEMS

AIRPORT CERTIFICATION
I am authorized by (Public Entity) -'C'-'-ity"---"o-'-f c;;. Lo;;_;s;_;B;;_;acc.n.;.;co..:;_ s ________________ _______ _ and hereby certify that (Airport Name) Los Banos Municipal Airport (LSN) , in the County of _M_e_r_ced __________________________ , for fiscal year _2_0_26 _______ , meets the eligibility requirements of, and will be operated and maintained in accordance with, Sections 21680 through 21688 of the California Public Utilities Code (PUC) and the CAAP Regulations found in Title 21 of the California Code of Regulations, Division 2.5, Chapter 4.

1. This airport meets the Permit and Funding Requirements of CAAP Section 4056.

2. The Public Entity has control over airport operations under rules, regulations, or operating procedures adopted by the following Ordinance or Resolution# ________ dated _____ per CAAP Section 4057.

Required airport surfaces for all usable runaways are protected in accordance with the provisions of PUC Section 21688 and CAAP

3. Section 4058.

4. The above airport is designated by the Federal Aviation Administration as (select one):

D Reliever D Commercial Service ~ General Aviation D Non-NPIAS (PUC Section 21682(b))

5. Current Airport Layout Plan is on file with the Division of Aeronautics dated 06/21/2012 (information only; not a requirement for eligibility certffication) AIRPORT CERTiFICATION SIGNATURES
I agree that by providing my electronic signature for this form, I agree to conduct business transactions by electronic means and that my electronic signature is the legal binding equivalent to my handwritten signature. I hereby agree that my electronic signature represents my execution or authentication of this form, and my intent to be bound by it.

SIGNATURE DATE

PRINT NAME
William Via

MAILING ADDRESS
520 J St. Los Banos, Ca 93635
TITLE
Public Works Director

PHONE EMAIL
(209) 827-2466 William. [email protected]
FINANCIAL CERTiFICATION
I hereby certify that a SPECIAL AVIATION FUND has been established and will be maintained with a separate account for said airport in accordance with PUC Section 21684. Disbursements from this account will only be made in accordance with PUC Section 21681 and CAAP Regulations.

I agree that by providing my electronic signature for this form, I agree to conduct business transactions by electronic means and that my electronic signature is the legal binding equivalent to my handwritten signature. I hereby agree that my electronic signature represents my execution or authentication of this form, and my intent to be bound by it.

SIGNATURE (Finance Officer) DATE

PRINT NAME
Minerva Moreno

MAILING ADDRESS
520 J St. Los Banos, Ca 93635

VERIFIED BY
TITLE
Finance Director

PHONE EMAIL
(209) 827-2422 minerva. [email protected]
FORAERONAuficsuSEONLY
SEND SIGNED CERTIFICATION TO:

[email protected]
ADA Notice This document is available in alternative accessible fonnats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Fonns Management Unit. 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].

I
79 STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

STATE MATCHING GRANT FOR FAA AIRPORT IMPROVEMENT PROGRAM -APPLICATION DOT DOA-0012 (REV 10/2024)

PUBLIC ENTITY
City of Los Banos

AIRPORT NAME
Los Banos Municipal Airport {LSN)

CONTACT NAME
William Via

MAILING ADDRESS
520 J St. Los Banos, Ca 93635

PLEASE PRINT OR TYPE AND COMPLETE ALL APPLICABLE ITEMS

AIRPORT INFORMATION
COUNTY
Merced

PERMIT NUMBER
MER-004
TITLE
Public Works Director
EMAIL
[email protected] I
PHONE
(209) 827-2466
PROJECT INFORIIA TlON
Project must be in the Department's most recent Capital Improvement Plan and the proJect cannot commence prior to the State's award of a matching grant or the project becomes ineligible for a matchina arant.

C8] Check to acknowledge statement
DESCRIPTIVE TITLE OF APPLICANT'S PROJECT (as shown on page one of the executed federal grant FEDERAL GRANT NUMBER and in the adopted Capital Improvement Plan): AIP Grant No. 3-06-0140-011-2025 Runway Rehabilitation - Design Phase {AIP Project No. 3-06-0140-011-2025, Los Banos Municipal Airport) FEDERAL GRANT

APPLICANT
FUNDS
STATE
FUNDS*

TOTAL COST

OF PROJECT
$70,300
$4,296
$3,515
$78,111
"Maximum is 5% of the federal
grant amount.

Pursuant to Public Utilities Code Section 21681-21684 and Section 4067 of the CAAP Regulations, submit the following documents with this application:
• Local government approval (resolution or minute order) as described in Section 4067(a). • FAA Grant Agreement with FAA and sponsor signatures.
• Verification of full compliance with the California Environmental Quality Act (CEQA) by submitting information to fulfill either 1 or 2, below:

1. Copy of Notice of Exemption or provide the Categorical Exemption Class # 15301 (CEQA Guidelines Sections 15300-15333). - --------- --

2. Copy of Notice of Determination or provide the following information:
o Environmental Impact Report (Title/Date) _______ ___ State Clearinghouse (SCH) # _ ______ or o Negative Declaration (Title/Date) _ _________ __ State Clearinghouse (SCH)# or o National Environmental Policy Act (NEPA) document (Title/Date) ~~-~-------- -=c-------- (NEPA documents-Environmental Impact Statement or Finding of No Significant Impact must comply with CEQA provisions). • Airport Layout Plan (ALP) showing project location(s) and dimensions or project sketch if no ALP exists. • Completed CAAP Certification (Form DOA-0007), if not submitted to the Division of Aeronautics earlier for this fiscal year. • Additional documentation may be required if items in the FAA AIP grant are not eligible for CAAP funding.

AUTHORiZAtlON
I agree that by providing my electronic signature for this form, I agree to conduct business transactions by electronic means and that my electronic signature is the legal binding equivalent to my handwritten signature. I hereby agree that my electronic signature represents my execution or authentication of this form, and my intent to be bound by it.

AUTHORIZED OFFICIAL'S SIGNATURE DATE

PRINT NAME
William Via

MAILING ADDRESS
520 J St. Los Banos, Ca 93635
TITLE
Public Works Director

EMAIL PHONE
william. [email protected] (209) 827 -2466
SEND COMPLETED FORM AND ALL REQUIRED DOCUMENTS TO:

[email protected]
ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].

I
I
80 TO:

FROM:

DATE:

LOsBanos
Al the Crossroads of California
Agenda Staff Report
Mayor & City Council Members . ~ ~
William Via Jr., Public Works Director~,
November 19, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of the Delta-Mendota Subbasin Domestic Well Mitigation Policy on behalf of the City of Los Banos Groundwater Sustainability Agency (GSA)
Recommendation:

Staff recommends that the City Council adopt a Resolution approving the DeltaMendota Subbasin Domestic Well Mitigation Policy on behalf of the City of Los Banos Groundwater Sustainability Agency (GSA).

Background:

The Sustainable Groundwater Management Act (SGMA) requires that Groundwater Sustainability Agencies (GSAs) in each basin adopt and implement a Groundwater Sustainability Plan (GSP) to achieve groundwater sustainability by 2040. As part of this effort, the Delta-Mendota Subbasin Coordination Committee has developed the Domestic Well Mitigation Policy to formalize procedures and responsibilities for GSAs to assist domestic well owners who may be impacted by groundwater level declines or water quality degradation caused by basin management activities.

This Policy aligns with the objectives of the Delta-Mendota Subbasin GSP and fulfills commitments under Executive Order N-3-23 and SGMA's mandate to prevent significant and unreasonable impacts to domestic wells and small community systems.

Discussion:

The Domestic Well Mitigation Policy establishes a uniform process across all GSAs in the Delta-Mendota Subbasin to address potential impacts to domestic wells resulting from implementation of Projects and Management Actions under the Groundwater Sustainability Plan. The Policy applies to domestic wells in use as of November 19, 2024, and outlines how GSAs will evaluate and respond to wells that may go dry or experience water quality degradation as a result of basin management activities.

ITEM 7H
81 Under the Policy, GSAs are required to provide short-term emergency water supplies, such as bottled or tanked water, within 24 to 72 hours for eligible applicants. Long-term mitigation measures may include lowering existing pumps, deepening or replacing wells, or facilitating connections to municipal or community water systems when feasible. The Policy also establishes clear procedures for assessing eligibility, conducting field investigations, and determining the appropriate mitigation measures.

In addition to addressing water level impacts, the Policy provides specific provisions for water quality protection. GSAs must provide mitigation if groundwater quality degradation is determined to result from GSA management actions or projects, which may include installing point-of-use reverse osmosis treatment systems or providing an alternate potable water source.

To ensure consistency and fiscal preparedness, the Policy establishes a Subbasin-wide Well Mitigation Fund totaling $300,000. The fund will be jointly supported by the seven GSAs represented on the Delta-Mendota Subbasin Coordination Committee and will be built over a three-year period. This common account is intended to support mitigation of up to ten domestic wells annually across the Subbasin. The Committee will review the Policy's implementation quarterly and conduct formal updates at least every five years.

The Policy was developed collaboratively by Subbasin GSAs with input from Self Help Enterprises, the California Department of Water Resources, and the public through multiple open meetings and comment opportunities. Adoption by all participating GSAs ensures a consistent and coordinated regional approach under the approved Subbasin GSP. Approval of this item will formalize the City's participation in the Delta-Mendota Subbasin's Domestic Well Mitigation Policy, ensuring proactive protection for domestic well users while maintaining compliance with SGMA and the City's commitments under the Groundwater Sustainability Plan.

Fiscal Impact:

None.

Reviewed by:
~ JL ~ Cily Manager MinerJ'a Moi\3no, Finance Director
Attachments:

Resolution
Delta-Mendota Subbasin Domestic Well Mitigation Policy
82 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS, ACTING AS THE

CITY OF LOS BANOS GROUNDWATER

SUSTAINABILITY AGENCY, APPROVING

THE DEL TA-MENDOTA SUBBASIN

DOMESTIC WELL MITIGATION POLICY
WHEREAS, the City of Los Banos serves as a Groundwater Sustainability Agency (GSA) for the portion of the Delta-Mendota Subbasin within the jurisdictional boundaries of the City of Los Banos; and
WHEREAS, the Delta-Mendota Subbasin Coordination Committee has developed a Domestic Well Mitigation Policy to ensure consistent, basin-wide mitigation of domestic wells impacted by groundwater management actions; and WHEREAS, the Policy establishes procedures for emergency response, mitigation measures, eligibility criteria, and financial participation among Subbasin GSAs to address potential water supply and water quality impacts; and WHEREAS, adoption of the Policy is necessary for coordinated implementation of the Delta-Mendota Subbasin Groundwater Sustainability Plan and compliance with SGMA requirements; and
WHEREAS, the City Council, acting as the City of Los Banos Groundwater Sustainability Agency, desires to authorize execution of the Policy to demonstrate the City's continued commitment to protecting local domestic water supplies and supporting regional groundwater sustainability efforts.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos, acting as the Groundwater Sustainability Agency, hereby authorizes the approval of the Delta-Mendota Subbasin Domestic Well Mitigation Policy and any related documents necessary to implement the Policy on behalf of the City of Los Banos.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of November 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
83 AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
84 Delta-Mendota Subbasin
Domestic Well Mitigation Policy
Adopted: _ _ ___ , 2025
The Groundwater Sustainability Agencies (GSAs) in the Delta-Mendota Groundwater Subbasin (Subbasin) have historically worked with disadvantaged communities to improve drinking water access.

For example, the San Joaquin River Exchange Contractors have provided drinking water to the City of Dos Palos for nearly 100 years, because groundwater extracted in Dos Palos has historically been too salty for potable use. Nonetheless, the GSAs realize more must be done to ensure that domestic well users in the Subbasin do not face undesirable impacts from groundwater level depletion during implementation of the Delta-Mendota Groundwater Sustainability Plan (GSP), in compliance with the Sustainable Groundwater Management Act (SGMA).

This Domestic Well Mitigation Policy (Policy) was developed by the Delta-Mendota Subbasin Coordination Committee considering recommendations found in the following two public documents:

Framework for a Drinking Water Well Impact Mitigation Program (Self Help Enterprises, et al.) and Considerations foridentifying and Addressing Drinking Water Well Impacts ( CA Dept. of Water Resources).

Policy Purpose
This Policy will consider impacts to domestic wells, as well as water systems that supply water for domestic or residential use to no more than fourteen (14) service connections, using groundwater wells.

Individual GSAs within the Subbasin may consider including additional well uses within their jurisdictional boundaries.

The purpose of the Policy is to mitigate the effects that may be felt by domestic water users whose wells have gone dry or are in imminent threat of going dry due to groundwater levels dropping as a result of groundwater management in the Subbasin. Subject to specific conditions, this Policy also addresses mitigation for water quality for domestic well users.

Pursuant to the single Subbasin Groundwater Sustainability Plan (GSP), Minimum Thresholds (MTs) for lowering of groundwater levels across the Subbasin are set at 2015 seasonal low groundwater levels.

This means GSAs in the Subbasin are already committed to maintaining groundwater levels above what was measured in 2015 ("The plan may, but is not required to, address undesirable results that occurred before, and have not been corrected by,January 1, 2015.n (CWC §10727.2(6)(4)). Since implementation of the Subbasin's original GSPs began in 2020, GSAs in the Subbasin have successfully avoided undesirable results that would occur by water levels dropping below 2015 seasonal lows. This Policy is meant to serve as a last line of defense to protect domestic groundwater users in the unlikely event that the Subbasin GSAs' efforts fail to maintain those groundwater levels above the MTs.

Data from the California Department of Water Resources (DWR) and county records indicates that since 2015, counties within the Delta-Mendota Subbasin have received a total of only 37 well replacement applications.1 However, as DWR notes on its website, their data comes from self-reporting on DWR's Dry Well Reporting System, and some GSA representatives receive reports of dry wells directly from users. In these cases, groundwater users were responding directly to GSA representatives, because some GSA members ( e.g., water districts and/or irrigation districts) have been engaging in well mitigation activities without fom1al policies or programs in their individual service areas prior to SGMA's enactment in 2015.
1 California's Groundwater Live: Well Infrastructure (https://sgma.water.ca.gov/CalGWLive/#wells). 3738036v7 / 21603.0005 1
85 Well replacement applications were identified on the Merced County Environmental Health Department's list of domestic well permits issued for "out of water" or "low water" wells and on Stanislaus County's voluntary well reporting system. The applicable counties reported that there were two well permits identified in the Subbasin portion of Fresno County and zero from the Subbasin portion of Madera County. As mentioned above, it is unknown whether this total number includes any dry wells not reported to DWR.

Merced County permits do not disclose whether or not those reported dry wells were "out of water" due to lowered groundwater levels, collapse or other mechanical failure, or some other reason. Of the 12 well permit applications submitted to the Stanislaus County system for the Subbasin since 2015, four were reported as dry wells, six were either undefined or outage reports, and two were other issues including well casing failure and/or sediment intrusion. Of the two replacement well permit applications for the Fresno County portion of the Subbasin, one was an agricultural production well, not a domestic supply well. There is no indication of the reason for the well replacement requests.

In summary, during the last IO years, fewer than 40 wells across the nearly 1,200 square miles of the Subbasin have been reported dry or applied for replacement. Though it is known that not all of those were drinking water wells, the exact number of drinking water wells replaced since 2015 is unknown due to a lack of information collected on the replacement well permit applications.

Policy Eligibility
This Policy primarily applies to landowners using groundwater for domestic health and safety supply purposes as of November 19, 2024, the date the revised Subbasin GSP was adopted by all GSAs. Though owners of all types of wells are eligible to file for relief under the Policy, relief is not guaranteed and will be subject to analysis by the applicable GSA where a claim for relief is filed and pursuant to the provisions of Executive Order N~ 3~ 23. Well owners must participate or agree to participate in a GSA's Well Registration Policy/Program to be eligible for mitigation, if such a policy exists or is developed.

This Policy does not apply to wells installed after the date of GSP adoption, if the well( s) is/are installed at a screen interval depth shallower than minimum threshold levels or in areas with known degraded water quality conditions, as designated by the applicable GSA.

Public Outreach
Initial stakeholder outreach was conducted during the development of the Policy and the Subbasin single GSP. The Policy was discussed in open and public meetings of the various GSAs and at open and public meetings of the Coordination Committee. A draft of the Policy was posted to the Subbasin's SG MA website (www.deltamendota.org) as both a separate item and as a part of the draft single GSP. The public was able to submit written comments on the Policy and the single GSP through the website.

This Policy was discussed during public meetings designed to secure input on both the Policy and the single GSP. Both verbal and written comments were accepted at the meetings. The comments received were summarized and published on the Subbasin website. Finally, comments on the Policy, as well as responses from the Subbasin Coordination Committee, were addressed in the adopted single GSP, which contains the Policy.

Discussion of the Policy status and implementation will be placed on the Subbasin Coordination Committee meeting agendas no less than quarterly during GSP implementation. Similarly, the Policy may be placed on each of the Subbasin GSAs' governing bodies' agendas at least semi~annually during the first year of single GSP implementation. The Policy will be available on the Subbasin SGMA website with relevant information such as electronic instructions for filing an application and a form to submit the 3738036v7 / 21603.0005 2
86 application electronically via the website. GSAs may place the Policy on their own websites or have a link on their websites that directs interested persons to the Subbasin SGMA website.

As part of the GSP's Pumping Reduction Plan (PRP; see Chapter 16 of the GSP), the Subbasin Coordination Committee will review current or projected exceedances of the MT for groundwater levels and water quality reported by GSAs, at regularly scheduled Coordination Committee public meetings. In the event a groundwater level reading or a water quality sample for the GSP's constituents of concern (COC) at a representative monitoring well (RMW) exceeds its respective MTs as a result of GSA actions and projects, GSAs may contact well users/owners within an up to three (3)-mile radius of the RMW to alert them of the MT exceedance and provide them with information and resources in the event their well is impacted. Each GSA has developed criteria, a notification method, and protocols to address such situations within its jurisdictional boundaries. However, typical templates for such notices are provided as attachments to this Policy. An up to three (3)-mile radius was selected because it is consistent with the average radius of coverage of each RMW in the Subbasin.

If the RMW is near the jurisdictional boundary between two or more GSAs, the GSA where the well is physically located will notify the adjacent GSA( s) of the potential impact to well owners located in that adjacent GSA's jurisdictional area. The GSAs will cooperate according to the terms of the Adaptive Management Framework in the Subbasin Memorandum of Agreement (MOA) on any costs associated with notification.

Any notification provided to well users/owners pursuant to the above will include information on this Policy and how and where to file a claim for mitigation. Other information that may be included and/or requested in the notification will be determined by the individual GSAs.

Plan Area
For a full description of the Subbasin Plan Area, please refer to GSP Chapter 5, which may also be found at www.deltamendota.org.

Well Completion Report (WCR) records compiled by DWR indicate an estimated 2,295 domestic wells, 81 public supply wells, and 514 other production wells are located in the Subbasin as of November 19, 2024. This DWR dataset is known to have limitations, but is accepted as a conservative estimate of the number of wells installed within the Public land Survey System (PLSS) sections that fall within the Subbasin. Additionally, this Policy recognizes that it is likely that wells included in DWR's WCR data set:
• May not currently be in use;
• Are inaccurately located; and/or
• Have inaccurate well construction and/or destruction information.

Given these assumptions and limitations, for the purposes of this Policy, the Coordination Committee conservatively estimates that there are 2,890 wells in the Subbasin as of November 19, 2024. From 2015 to the end of 2024, there have been only 37 known applications for replacement wells in the Sub basin. The reasons for those well replacement applications ( e.g., dewatering from over-pumping, mechanical failure, etc.) are unknown.

Monitoring Network
There are 110 wells in the representative monitoring network for water levels for the Subbasin, which the GSAs use to monitor groundwater levels. Of those, 60 wells are in the upper aquifer and 50 wells are in the lower aquifer. There are 85 wells in the representative monitoring network for water quality for the Subbasin, which the GSAs use to monitor groundwater quality. Of those, 46 wells are in the upper aquifer and 39 wells are in the lower aquifer. Most rural domestic drinking water wells are assumed to be 3738036v7 / 21603.0005 3
87 in the upper aquifer, while most municipal and small water system supply wells are assumed to be in the lower aquifer. Agricultural wells are known to be in both the upper and lower aquifers, with some being "composite" wells (with screen intervals in both the upper and lower aquifers).

The distribution of domestic supply wells across the Subbasin and distribution of the Subbasin's monitoring network wells provide a suitable framework for evaluating the potential for domestic supply wells to become dewatered due to lowering of groundwater levels or impacted by water quality degradation caused by GSAs' actions and projects. As previously noted in the "Public Outreach" section of this Policy, the Coordination Committee reviews possible MT exceedances or trends in the representative monitoring network following the requirements of the PRP. This will help GSAs avoid potential dewatering of domestic wells or degrading their water quality beyond MT s within their boundaries as a result of GSA actions and projects.

Using a stochastic predictive modeling process to assess potential well impacts and current MT (2015 water levels) exceedances at 25% of representative monitoring wells, the Subbasin could potentially experience 28 total "production" wells dewatered. That leads to an estimated average of three drinking water wells per year across the Subbasin during implementation of the GSP through 2040. This estimation supports the approximate current number of replacement well permit applications identified in records from the counties in the Subbasin.

Well Mitigation Process - Water Levels
GSAs will conduct public education and outreach to notify landowners as to how and where to file an application for assistance, and the information that the GSA will require to evaluate the mitigation application. Copies of the application form will be included with education and outreach materials.

Upon receiving a completed application, the receiving GSA, or its representative, will conduct a preliminary review of the application to determine completeness. The applicant will be notified within twenty-four (24) hours, and the GSA will subsequently document such notification, if the application is complete or if there is any further information needed to evaluate the application. If deemed complete and appearing to meet all the requirements to receive assistance, the receiving GSA will provide a shortterm emergency water supply to domestic well users as soon as reasonably possible, and will make all reasonable efforts to do so within twenty-four (24) hours of submission of a complete application. Shortterm emergency water supplies shall consist of the delivery of bottled water and, after a site investigation, the delivery and installation of water tanks on a case-by-case basis at the GSA's discretion; all reasonable efforts made to provide tanked water within seventy-two (72) hours. The GSAs also commit to working with Self Help Enterprises, Valley Water Collaborative, or similar entities, to assist with the feasibility of providing water tanks.

The short-term emergency water supply will be provided by the GSA at the location of the de-watered well. The GSA in which the well is located will be responsible for providing the short-term emergency water supply and the costs for the investigation. However, if it is determined that over-pumping is the result of another GSA, the GSAs will follow the Adaptive Management Framework process regarding cost sharing (Delta-Mendota Subbasin MOA, Article VII, Article X, Article XIII, and/or Exhibit "C').

The GSA( s) may develop a professional well assessment report including, but not limited to: age of the well; well construction information (including pump depth, screening intervals, and pipe type [material]) and thickness; well maintenance information; indication of past well performance and any recent performance changes; any recent changes in well use or related land use; and, other additional information as necessary to determine if the failure is caused by declining water levels and/or GSA projects or groundwater management actions.
3738036v7 / 21603.0005 4
88 The GSA's preliminary review of a well mitigation application will consist of all of the following:
• A review of well construction information,
• A review of well and pump maintenance records,
• A review of historic water level data for nearby representative monitoring network wells, • A review of nearby known production well information, • A review of nearby land use and any recent land use changes, and/or • An analysis of nearby conjunctive use activity (if known).

If the nearest representative monitoring network well does not represent water level data that can be used as evidence for consideration of the applicant's claim, a GSA may review additional data from other wells in the monitoring network, or supplemental data from DWR and/or local agencies to support the preliminary review analysis.

If, after completion of the preliminary review, a GSA determines a well is eligible for mitigation, the GSA will measure water levels in the applicant's well and in representative monitoring wells in the area, and will perform a field investigation. To be eligible for mitigation assistance, the applicant must consent to the field investigation/inspection and execute an appropriate release with the GSA. Failure to consent to the field investigation/inspection and/or execute an appropriate release voids the application for mitigation. The field investigation may include, but is not limited to:
• Removing a pump to measure intake depth, well bottom, and static water level, • Conducting a video log,
• Modifying the wellhead to measure static and pumping level, • Investigating the site for consolidation feasibility, and/or • Investigating nearby land and water use.

The field investigation may show the well as ineligible for mitigation. Such criteria indicating ineligibility include, but are not limited to:
• Pump failure,
• Clogged screens,
• Well pipe and/or casing failure or collapse which are unrelated to lowering groundwater levels or other potential GSA actions,
• Other maintenance-related well or pump issues which are unrelated to lowering of groundwater levels or other potential GSA actions, or
• Normal wear and tear based on the age of the well.

The GSA will notify the applicant if the well is ineligible for mitigation and subsequently document such notification. This finding will also be included in the Subbasin's Annual Report.

If the applicant desires to appeal the results of the GSA's investigation, the applicant may do so in writing to the Delta-Mendota Subbasin Coordination Committee. The Coordination Committee shall create an ad hoc committee of no more than three members to review the GSA's written investigation, obtain additional data if necessary, and either (a) confirm the findings of the GSA, (b) provide guidance to the GSA and request further review by the GSA, or ( c) propose to the Coordination Committee that it adopts its own findings. If the Coordination Committee chooses to adopt its own findings and recommendations, those shall be binding upon the GSA, to the extent allowed by the Memorandum of Agreement.

If, after the field investigation, a GSA determines a well is eligible for mitigation, the GSA will work with the well owner/landowner on a solution appropriate for the site (each, a "Mitigation Measure"). Such Mitigation Measures may include, but are not limited to, the following:
3738036v7 / 21603.0005 5
89 • Lowering the well pump or otherwise modifying pump equipment, • Deepening the well if the existing well has an open bottom, • Installing a new well,
• Assisting landowner with facilitating a connection to an existing municipal or community water system or other water supply, if feasible, or
• Other appropriate mitigation as may be agreed to by both parties.

If the applicant disagrees with the proposed Mitigation Measure(s), a technically qualified third party agreed to by the GSA and applicant may facilitate and recommend a mutually agreeable Mitigation Measure(s). The GSA has the right to identify which Mitigation Measure(s) is optimal on a case-by-case basis. The technically qualified third party's role is to provide a recommendation. The appropriate GSA Board and/or Manager shall approve the application before any well mitigation ( other than provision of emergency drinking water) begins.

The applicant must sign a Mitigation and Indemnification (MI) Agreement prior to the GSA commencing the Mitigation Measure. Terms of the MI Agreement will depend on the nature of the Mitigation Measure provided. New wells will be required to meet state and county well drilling standards and comply with Executive Order N-3-23. In order to be eligible for mitigation from a GSA, the MI agreement may stipulate minimum criteria in addition to state and county requirements for new wells as they apply to GSA review and the opinion granted under EO N-3-23. Criteria may include well construction materials, minimum depth beyond 2015 seasonal low groundwater level measurements, and/or screening interval levels, among other potential criteria.

At its discretion and in the event a new well is installed as mitigation for a failed well, the GSA may choose to convert the abandoned well into a monitoring well. Such provision( s) may be included in the MI Agreement and agreed to by both parties. In such a case, the MI Agreement shall grant access by the property owner to the GSA for the monitoring well for SGMA data gathering and compliance activities, and ownership of the abandoned and converted monitoring well will revert to the GSA. Terms and conditions for access to the monitoring well may be negotiated between the GSA and the well's former owner.

If the well will be abandoned as part of a Mitigation Measure agreed to by the GSA and will not be converted to a monitoring well under SGMA, the cost for sealing/destroying the well shall be borne by the GSA as part of the Mitigation Measure.

Water Quality Mitigation
The Delta-Mendota Subbasin is known to have widespread degraded water quality due to naturally occurring conditions (i.e., geology). As such, in coordination with the State Water Resources Control Board (SWRCB), the Delta-Mendota Subbasin GSAs have identified six COCs for consideration in the Basin's GSP development and implementation: Total Dissolved Solids (TDS), Nitrate, Gross Alpha, Chromium VI, Arsenic, and 1,2,3-T richloropropane (TCP).

The GSAs have identified the following conditions under which domestic well mitigation for water quality and related actions will occur.
• Condition 1. If groundwater levels remain above the MT s, which are set at 2015 levels, then additional water quality mitigation beyond what is currently committed to in the GSA's respective PRPs is not required, except pursuant to Condition 2. • Condition 2. If a GSA's implementation of Projects or Management Actions (P/MAs) to achieve sustainability causes water quality degradation beyond the water quality MTs at a domestic well for Nitrate, Gross Alpha, Chromium VI, Arsenic, or 1,2,3-TCP (as determined based on the monitoring and management processes laid out in the applicable PRP and the Basin MOA), then 3738036v7 / 21603.0005 6
90 the GSAs will mitigate the impacted domestic well. Impacts from TDS will be addressed through the complementary CV-Salts program, as detailed in the Memorandum of Understanding with Valley Water Collaborative (VWC MOU).
• Condition 3. If groundwater levels decline below the MT s, which are set at 2015 levels, and this causes water quality degradation beyond the water quality MT at a domestic well for Gross Alpha, Chromium VI, Arsenic, or 1,2,3-TCP (as determined based on the monitoring and management processes laid out in the applicable PRP and Basin MOA), then the GSAs will mitigate the impacted domestic well. Impacts from Nitrate and IDS will be addressed through the complementary CV-Salts program, as detailed in the VWC MOU. • Condition 4. If groundwater levels remain above MTs, which are set at 2015 levels, the GSAs will continue to implement the PRPs which include monitoring, management and mitigation commitments, including evaluation of water level and water quality trends to proactively address and avoid water quality impacts to domestic wells from GSA P/MAs.

The application, review, and field investigation process for water quality mitigation shall follow the same procedures established in the Well Mitigation Policy for water levels, including submission requirements, field access and consent, investigation protocols, eligibility criteria, and documentation of findings. GSAs retain the authority to conduct technical investigations consistent with their jurisdictional responsibilities and to determine eligibility for water quality mitigation in accordance with this Policy.

Any short-term or emergency water supply associated with a water quality impact will be provided in accordance with the timelines and procedures outlined in the Well Mitigation Policy for Water Levels.

The right to appeal, the formation and function of an ad hoc committee by the Coordination Committee, and the process for binding decisions shall also apply to water quality mitigation determinations.

Pursuant to the PRPs and the Basin MOA, technical analysis regarding causality will be conducted on behalf of the GSA by a qualified technical professional using statistical and/or field verification and/or modeling approaches. Findings will be presented to the Coordination Committee ( or designated subcommittee) for review and concurrence.

If the findings of the technical analysis determine that the water quality impacts in a domestic well were caused by GSA P/MAs, the applicable GSA will fund a total not to exceed cost of $2,500 per impacted domestic well for the installation of a point-of-use reverse osmosis system and up to three (3) years of filter replacements, or other mutually agreed alternative including but not limited to providing bottled water or connection to another existing water system, pursuant to the MI Agreement described above.

The applicant must sign a MI Agreement prior to the GSA commencing the Mitigation Measure. The current Well Mitigation Fund ( which requires replenishment of any used funds) will also be used to support such water quality mitigation.

GSAs in the Delta-Mendota Subbasin desire to mitigate/compensate for legitimate impacts resulting from GSA management actions failing to maintain water levels at or above 2015 seasonal lows. As noted in the "Plan Area" section of this Policy, a total of only 37 replacement well applications were received by counties in the Subbasin since 2015. However, it is unknown how many of those wells, if any, were dewatered due to the groundwater levels falling below 2015 seasonal low levels, or how many of those are wells for domestic use.

Individual GSAs will fund the mitigation of wells within their boundaries upon determining whether Mitigation Measures pursuant to this Policy are appropriate and justified as detailed in the "Well Mitigation Process" section. In some cases, where historical wells are impacted, adjustments may be made for equipment depreciation. All costs to mitigate claimed impacts at a well site will be initially allocated to the applicable GSA where the well is located. 3738036v7 / 21603.0005 7
91 In the event of interbasin or intra-basin disagreements for determining responsibility for dewatering of a domestic well, Subbasin GSAs shall follow the Adaptive Management Framework processes as outlined in the executed MOA, including Article VII, Article X, Article XIII, and/or Exhibit C therein.

Though the stochastic predictive modeling indicates no more than three domestic wells in the Subbasin will be dewatered annually due to groundwater management activities, GSAs in the Subbasin will establish a common financial account sufficient to annually mitigate ten (10) domestic wells. A limit of ten (10) wells annually was selected because it reflects the undesirable result for lowering of groundwater levels in the GSP.

Not all GSAs in the Subbasin have domestic wells located within their jurisdictional areas. However, the seven GSA groups that are represented on the Delta-Mendota Subbasin Coordination Committee agree to equally fund a common account to a total of $300,000.2 Costs to fund this reasonably prudent reserve will be split based on Coordination Committee costs identified in the MOA and will be funded over three (3) years (i.e. $100,000 per year, until the fund reaches $300,000). Funds from the common financial account may be used only for approved Mitigation Measure costs. GSAs receiving funds will be required to repay the total amount withdrawn.

Subject to the provisions in the previous section (Well Mitigation Process), individual GSAs will be responsible for all other costs for implementing this Policy, including but not limited to: preliminary review, a professional well assessment report, a field investigation, and/or emergency water supply expenses. Specific escrow instructions for use of the common account will be developed.

Other Resources
If an application requires immediate action, qualifies only for partial mitigation, or receives no mitigation by a GSA, there are other programs that may assist well owners, especially for rural domestic/de minimus wells.
• Self Help Enterprises has a water sustainability program that includes tank water access, domestic well repair or replacement, and water system connections. Their services are free, based on income eligibility and other qualifications. They may be contacted at 1-559-802-1865 or visit their website at https://www.selfhelpenterprises.org/programs/emergency-services/watersustainability/. • California's Office of Emergency Services recommends residents contact their County Office of Emergency Services to begin the process of seeking assistance with drinking water wells that go dry.
• The State Water Resources Control Board manages the Safe and Affordable Funding for Equity and Resilience (SAFER) Program. The SAFER Program provides assistance with interim drinking water supplies, emergency repairs, technical assistance, administrators, planning, operations and maintenance and construction projects via various funding sources. • Additionally, the GSAs in the Subbasin will commit to working with the existing coalitions and drainage authorities who provide support to domestic well owners whose wells are negatively impacted by water quality degradation.

Summary
This Well Mitigation Policy formalizes a process that landowners and GSAs in the Subbasin have voluntarily subscribed to, in some cases for over 100 years. GSA members do not want the wells of their 2 Recent (5/2/2024) cost estimates for domestic well replacement vary from a low of less than $15,000/well up to $30,000/well.
3738036v7 / 21603.0005 8
92 constituents, employees, neighbors, friends, and families to go dry or otherwise be impacted. That is why GSAs in the Subbasin are committed to keeping groundwater levels above 2015 historic low levels.

This Policy describes the process well owners can follow to apply for mitigation/assistance if their wells go dry or have water quality impacts due to projects or groundwater management actions of the GSAs under SGMA. It specifies the process GSAs across the Subbasin may follow if there are indications that a representative monitoring well is nearing MTs, and the process GSAs and well owners will follow in the event a drinking water well goes dry or has a water quality impact for specific COCs.

As previously noted, since 2015, only 37 replacement well applications were received across the Subbasin.

County records do not indicate whether wells were replaced due to groundwater levels falling or for other reasons. GSAs in the Subbasin are committed to eliminating the need for this Policy by maintaining groundwater levels above 2015 thresholds and managing the Subbasin's groundwater sustainably.

Domestic well owners are encouraged to be aware of information on local groundwater conditions as provided by local GSAs and the State of California. In particular, DWR has a website dedicated to keeping domestic well owners informed about resources needed to maintain and protect domestic water supply. This includes information about well maintenance and other assistance via DWR's "Be Well Prepared" website, which can be found at the following link: Be Well Prepared (ca.gov).

The Delta-Mendota Subbasin Coordination Committee shall review this Policy at least every five (5) years.
3738036v7 / 21603.0005 9
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 TO:

FROM:

DATE:

LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor & City Council Members ~
William Via Jr., Public Works Directorl, ;,
November 19, 2025
TYPE OF REPORT: Consent Item
SUBJECT: Adoption of the Revised Delta-Mendota Subbasin Memorandum of Agreement and Authorization for the City Manager to Execute Recommendation:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute the Revised Delta-Mendota Subbasin Memorandum of Agreement on behalf of the City of Los Banos Groundwater Sustainability Agency (GSA).

Background:

The Sustainable Groundwater Management Act (SGMA) requires that groundwater sustainability agencies (GSAs) within each high- or medium-priority basin coordinate to ensure sustainable groundwater management. The Delta-Mendota Subbasin was designated as a critically over-drafted, high-priority basin by the California Department of Water Resources (DWR), resulting in the formation of multiple GSAs working collaboratively to develop and implement a single Groundwater Sustainability Plan (GSP).

To formalize coordination among the GSAs, a Memorandum of Agreement (MOA) was originally executed in September 2024. Since that time, the GSAs have approved the formation of the Delta-Mendota Subbasin GSAs Joint Powers Authority (JPA) to provide basin-wide management and replace the prior Coordination Committee. The new JPA Board of Directors now serves as the primary governance body for implementation of the GSP.

As a result, the GSAs have prepared a Revised Memorandum of Agreement to replace the 2024 MOA and align with the newly established JPA framework. 95 ITEM7I
Discussion:

The Revised Delta-Mendota Subbasin Memorandum of Agreement updates the organizational structure, financial responsibilities, and coordination procedures among the GSAs to reflect the transition from the prior Coordination Committee to the newly created Delta-Mendota Subbasin GSAs Joint Powers Authority.

Under this revised structure, the JPA Board of Directors assumes all Subbasin-wide coordination responsibilities previously held by the Coordination Committee, ensuring centralized management of planning, data reporting, monitoring, and adaptive management activities. Each GSA retains full local control and autonomy within its jurisdiction but agrees to participate in cooperative Subbasin-wide efforts and share in proportional costs.

The Revised MOA reaffirms that all Parties will continue to work collaboratively to implement and update the single Groundwater Sustainability Plan and comply with SGMA requirements. It establishes consistent definitions and procedures for coordinated data management, monitoring networks, adaptive management, and Subbasin-wide cost-sharing.

Importantly, the Revised MOA specifies that each GSA maintains its independent legal authority, including rights related to surface and groundwater management, local water operations, and land use powers. The MOA preserves each Party's right to pursue alternative compliance or legal remedies if deemed necessary, while maintaining the shared commitment to cooperative basin management.

The Revised MOA takes effect January 1, 2026, following execution by all Parties, and supersedes and replaces the 2024 agreement. Adoption of this item will ensure the City of Los Banos continues to participate as a full member in the coordinated management of the Delta-Mendota Subbasin, fulfilling SGMA obligations while maintaining strong regional partnerships.

Fiscal Impact:

None.

Reviewed by:

Soknirorn Than, City Manager
Attachments:

Resolution
Revised Delta-Mendota Subbasin Memorandum of Agreement
96 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS, ACTING AS THE

CITY OF LOS BANOS GROUNDWATER

SUSTAINABILITY AGENCY, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE

REVISED DEL TA-MENDOTA SUBBASIN

MEMORANDUM OF AGREEMENT
WHEREAS, the City of Los Banos serves as a Groundwater Sustainability Agency (GSA) within the jurisdictional boundaries of the City of Los Banos within the Delta-Mendota Subbasin pursuant to the Sustainable Groundwater Management Act (SGMA); and
WHEREAS, the Delta-Mendota Subbasin has been designated by the California Department of Water Resources as a critically over-drafted, high-priority basin requiring coordinated management among multiple GSAs; and
WHEREAS, in 2024, the GSAs entered into a Memorandum of Agreement (MOA) to establish coordination procedures for Subbasin-wide management and implementation of the Delta-Mendota Subbasin Groundwater Sustainability Plan (GSP); and
WHEREAS, the GSAs have since approved the formation of the Delta-Mendota Subbasin GSAs Joint Powers Authority to serve as the basin's governing entity for Subbasin-wide coordination, cost-sharing, and compliance activities under SGMA; and WHEREAS, the participating GSAs have developed a Revised Memorandum of Agreement to align with the new Joint Powers Authority structure, update Subbasin coordination protocols, and supersede the 2024 MOA; and WHEREAS, the Revised MOA reaffirms each GSA's commitment to cooperative implementation of the single GSP, establishes procedures for adaptive management and data coordination, and ensures continued regional compliance with SGMA; and WHEREAS, the City Council of the City of Los Banos, acting as the Groundwater Sustainability Agency, finds it in the public interest to execute the Revised MOA to support coordinated groundwater management across the Delta-Mendota Subbasin.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos, acting as the City of Los Banos Groundwater Sustainability Agency, hereby authorizes the City Manager to execute the Revised Delta-Mendota Subbasin Memorandum of Agreement and any related documents necessary to implement the agreement on behalf of the City of Los Banos Groundwater Sustainability Agency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of November 2025, by Council Member 97 _ __ , 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
98 REVISED MEMORANDUM OF AGREEMENT

AMONG THE DELTA-MENDOTA SUBBASIN

GROUNDWATER SUSTAINABILITY AGENCIES
DRAFT 7/10/25
THIS REVISED MEMORANDUM OF AGREEMENT (this "MOA")·is entered into and shall be effective as of the date 0H1,1II exee1,1tion belowJanuar\ 1_2026 (the "Effective Date"), by and among the groundwater sustainability agencies within the Delta-f\1:endota Subbasin listed in Exhibit "A" (each a "Party" and collectively the "Parties") and th!-)·§an Lµis,& Delta-Mendota Water Authority, which would be executing not as a Party, and is made with reference to the following facts:

RECITAL~ ,
/,:;
A. WHEREAS, on September 16, 2014, Goverp,or Jerry Brown signed into law Senate Bills I 168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable 1' ' "", -f Groundwater Management Act ("SGMA"); and •
B. WHEREAS, SGMA requires all groundwater.subbasins designated as high- or medium-priority by the California Departme~t ,if Wa\er Resources ("DWR") to manage groundwater in a sustainable manner; and •
C. WHE!q:AS, the Delta-Mendota Sµbbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquln.?alley Ciroundwater Basin ("Subbasin"), has been designated as a high-priority, criticaJly overdrafl.ed basir1by-DWR; and D. WHEREAS, the Subbasin includes multiple groundwater sustainability agencies (each a )'(;SA" and collectively, the "GSAs") that initially managed the Subbasin through the .,, ,_. \ development and implementation of six different groundwater sustainability plans; and E. WJIER!:AS, pursuant to the requirements ofSGMA (Wat. Code§§ 10720, et seq.) and DWR's SGM;.\ reiulations (23 Cal. Code Regs., §§ 350, et seq.), and in recognition of the need to sustainably' manage the groundwater within the Subbasin, the Parties entered into that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018 ("Coordination Agreement"), to outline the Parties' obligations and responsibilities regarding SGMA coordination in the Subbasin among the multiple GSAs and multiple groundwater sustainability plans; and
F. WHEREAS, in 2024. the Parties adopted a sin!.!le !!roundwater sustainabilitv rlan {"GSP .. 1 to cover the entire Subbasin to com111' with SGMA: after an appF0ximately two year re>r~R determined that the eoordinated groundwater sustainability plans in the SKbbasifl were .. ineomplete .. on January 21, 2Q22. afld required that the groundwater sustaiHability plaHs be revised to address eertain eorreetive aetions by J1,1I)' 20, 2022; and G. WHEREAS, the Parties did so timely revise and re s1,1bmit the ameRded gro1,1F1dv,'ater sustainability plans to DWR; hev;ever, those greundv;ater sustaiAability plans, even after revisien, were deemed .. inadel'juate'" under SGMA b)' DWR en Mareh 2, 2023ifthere is onh 3747954vl / 21 603.0005
99 DRAFT 7/10/25
Qne CiSP for the Subbasin then the GSA~ nQ IQn~r need the Coordination Al!reement as defined by SGMA; and
H. WHEREAS, the Parties tmderstand that 11pon DWR's delermination that a grn11ndwaler suslainability plan is inadeqt1ote, SGMA authorizes the Stair;. Water Reso11rees Control .Board ( .. Stele WeteF Board·) to seek to interYene and e1,ereis~stlietion 1-wer tile atleeted s11bbasinas part of the development of a sinclc GSP, the Parties. :tdopted a Memorandum of A•1reement Amon g the Delta-Mendota Subbasin Groundwater Su t lnal:l'i ii\ AL? encies and San Luis & Delta-Mendota Water Authority, effective September 12. 202 i the ··Ori't?inal MOA .. ,; and I. ~ 1HEREAS, the Parties vrould like to be ~~ to contin11e to mana~ th€ S11bbasin loeally in lie11 ofinterYe1llion by the Stale Water Board i,f'11•tssible;iftnd WHEREAS, in order to effieiently coordinate~mong the large nutHber ofGSAs in the S11bbasin, the GSAs now desire to adopt one grouHdwater slt.stainability plan ('"CSP") for the S1:1bbasiH; and
WHEREAS. if there is only one GS~e. t"8 S11bbasin, then die GSAs no longer need the Coordination Agreement, as defined b:f 1S@MA; aft,. ---WHEREA~,thmll h the Original fyf OA. thet GSAs desire£! to enter into this MOA te--coordinate the wor~ -lind mana,gement of thi Subbasin and clarify responsibilities of the respective GSAs, in accorda~ce ~_ith SGMA:;-i!B4
Wli'EIU,;,\S, the {.t1ordina1i0n Agreement silall remain binding and in effeet until all Parties ha'l•e appro~ l,6ingle d£P f6r tile S11bbasin, at whieil time the CoofElination Agreement shall aut0matieally term~ ate. and tlii'is MOA shall beeome operative as provided in Sectio11 12.2, and develo (I< ·'Coordinati >? Committee'" to assist with said efforts; and J. , ERE S. as of December I. 2025. the Parties entered into that certain ·'DeltaMendota ~ !. , ' , s Joint Powers Authoritv AereemenC lo create a separate entit\ known a~ the Delta-Mcndotu0 ubbasin GSAs Joint Powers Authoritv t the ··Authoritv''): and K. WHEREAS, the responsibilities of the Coordination Committee created b\ the Ori uinal MOA have been superseded b, the Board of Directors of the Authorit\. rendering the Coordination Committee unnecessary and
L. WHEREAS. the Parties desire to revise the Orh!inal MOA as outlined in this MOA and it i:i the intent of the Parties that this MOA su persede and rro_lace the Ori ginal MOA.

NOW, THEREFORE, in consideration of the Recitals, which are deemed true and correct and incorporated herein, and of the covenants, terms and conditions set forth herein, the Parties hereto agree as follows:

ARTICLE I- DEFINITIONS

1.1 ··coonlinetion CommiUee'· shall mean the eommittee of GSA Representatives or GSA Gro11p Representath•es established p11rGt1ant to this MOA. 3747954v l 121603.0005 2
100
DRAFT 7/10/25
_1._l __ "Authorit\'·· shall mean the Delta-Mendota Subbasin GSAs Joint Powers Authority ..

I .2 :Coordinated Plan Expenses" are those Subbasin-wide Activities expenses incurred b} the Authorit, . the Secretan,. and the Plan Manager. at the direction of the Board of Directors. within a ~roved annual cost estimates for ['U®ses described in this Al!reement and in implementim.' the OM Subbasin MOA. includinl! actual expenses incurred i!) ~ e 11tinl! oblil!ations under the OM Subbasin MOA for intrabasin and interbagn coordination hich are shared e..1ual 11 amon:!St the seven representative scats of the 6oard of Direct rs in ac~ordance with the Participation Percental!es.are those SubbasiA wiee Aeti 1iilies exflefl~s tha"¥>,.ire shares equally amongsl the CooreinalioH Committee members, iA aeeoreaflel;l -..·i-1e the Partieiflilf;lti» PereeAtages. / '··

1.3 "DWR" shall mean the California Department of Wmer Resources,; . ,.. -. / - /. , '{, I .4 "Effective Date•· shall be as set forth iA the P~· 'il-hleJanuarv I . 2Q2{).

I .5 "GSA" shall mean a ground~er sustainability ag<:flCY established in accordance with SOMA and its associated regulations, and "GSAs" shall mean more than one such groundwater sustainability agency. Each Party 1s a GSA,__ v /

1.6 ··CSA RepFesee-tathe·· shall refc\,to the ref)resentati~·e of a single GSA that holes a single seat on the Coorei~ Cr1mmittee.

1.7 ··CSA Gf8UJI Repr;11!1entath•e"" shall refer to the refJresentatiw ofa grnup ofGSAs that share a siAgle seat 0fl !he C<Joramltl'ii,fl Gemmittee. +.-% _L§_"GSP" shall mean ·tb,e single Delta-Mendota Subbasin Groundwater Sustainability Plan.
-1-:-9.!.1... "MOA'' shall mean this Revised Memorandum of Agreement by and among the Parties. •
-l-.-1-0li"Pa_rticipation Percentages" shall mean that percentage of Coordinated Plan Expenses allocated to each GSA or GSA Group as described on Exhibit "B" to this MOA, which is attached and incorporated by reference herein, as updated from time to time, but not more frequently than annually.
-h++Ll"Party" or "Parties" shall mean a GSA or in the plural, two or more GSAs within the Subbasin, who are signatories to this MOA.
~l. 10 "Plan Manager" shall mean an entity or individual, appointed at the pleasure of the CooreinatioA Conrn~itteeBoard of Directors of the Authorit\, or as prnvieee in Artiele Ill of this MOA, to perform the role of the Plan Manager and to serve as the point of contact to DWR and/or the State Water Board.

1.13 ··San Luis & Delta Mendeta Water Autherity'" or ·'SLDMWA'" shall meaA the San Luis & Delta MeAeota Water Authority, a Califurniajoiflt poy,·ers ageney. 3747954vl / 21603.0005 3
I Formatted: Font Font color. Auto
101
DRAFT 7/10/25
-hl-41.l 1 "SGMA" shall mean the Sustainable Groundwater Management Act, as amended from time to time, commencing at Water Code section 10720, together with its implementing regulations applicable to groundwater sustainability plans, set forth at California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2. ~1.12 "SGMA Definitions" shall mean those SGM;\'-specific definitions provided by statute or regulation; in the event of any inconsistency behy~ a term defined in this MOA and a SOMA-specific definition, the definition contained in t¥sMOJ\ shall prevail. +.-1-9-=-l~.1=3~_-"State Water Board" shall mean ths/CaIJfornia " State' ~ater Resources Control Board.
,,, ;
~1.14 "Subbasin" shall mean the De1ta-'Mendota Subbasin (Basin Number 5-

22.07, DWR Bulletin 118) within the San Joaquin Valley G;~dwater Basin. ~1.15 "Subbasin-wide Activities" shall mean tl~<•. ·activities or actions that affect the Subbasin as a whole or are other , e r uired b, S MA to be determine-9 at the Subbasin level and as defined by a unanimous ~ te ofthe,B ;i(ll_.ofDirectors of the Authoritvsha-Hmean tlwue aeti,·ities or aetions that aft'eet the $libtffisin as ti whole or are otherwise reeiliired b;· SGMA to ee determined at the--Subbasin !eve\, ana as defined by a lclnanimolis ~·ete of the C'eereiHation Committee. An initial list ofSubbasin-wide Activities is identified in Exhibit "D". ~ ' .! H9=1.=1~6 __ "Water Y~ar" shall lT)ean the period from October I through the following September 30.

ARTICLE1]- PURPOSE & KEY PRINCIPLES
. ; '2. i Purpose. The Parties shall continue to work together in mutual cooperation to im llement a I aeveloJ:) .•~ the GSP in compliance with SGMA, for the sustainable management of t!ie Su~))asin. Once adopted. egach Party hereto shall implement the terms and conditions of the GSP :within their respective GSA territories. /·

2.2 Collaboration. The Parties intend to mutually cooperate to a<!oJ:)t a single GSP for tlle-Soobasin, and to implement the GSP within their respective GSA territories.

2.3 Each Partv's Rights. This MOA shall not limit or interfere with any Party's rights or authorities over its own internal matters, including, but not limited to, a Party's legal rights to surface water supplies and assets, groundwater supplies and assets, facilities, billing and collection procedures GSA wers and implementation or exercise of such powers operations, and water management and water supply matters. Nothing in this MOA is intended to modify or limit a Party's police powers, land use authorities, or any other authority, including the authority to pursue a comprehensive groundwater adjudication or other alternative SGMA compliance strategy, should the Party deem it to be in its best interest to do so.

2.1 Partieipotian Pereentoge. Eaeh Party shall J:)a)' ill, proportionate share of the ParticiJ:)ation PereeHtage, to eover cooreinatea S1c1bbasin wide Aetivities, set forth on 1->chibit ··B, •• as 3747954vl / 21603.0005 4
102
DRAFT 7/10/25
said b,hibit .. g·· ma;· be modified fr0n1 tittle te time 111 aeeordanee with SeetioR Hi(b). Partieipalion Percentage financial e0n1rib11tiom1 shall be treated iR accordaRce with the pro~·isieRs of Article Ill. g2.4 Management and GSP Implementation. It is the responsibility and obligation of each Party to this MOA, and any applicable separate agreements, to manage,,jts own GSA and implement the GSP within its GSA's boundaries. It is further the responsibility 1ind obligation of each Party to pay its proportionate share of the Participation Perceqyite and other payments required as part of implementation of SGMA Subbasin-wide Activities?" as '~ay arise from time to time.
3747954vl / 21603.0005 5
103
DRAFT 7/10/25
Artiele HI_ RObE: OF SbDMWA

3.1 AGREEMENT TO SERVE. BY EXECUTING THIS MOA, ~JOT AS A PARTY, • ------ l Formatted: Level 1, Left. Indent First line: O", Tab J SLDMWA AGREES TO CARRY OUT THE FUNCTIO~JS DESCRIBED IN THIS ARTICLE stops: Not at 1" Ill AND ITS SUBPARTS CONSISTENT WITH THE TERMS OF THIS ARTICLE AND UNDER THE DIRECTION AND SUPERVISION OF THE COORDINATI©N COMMITTEE, SUBJECT TO THE REIMBURSEMENT A~ID THE TERMINA:UON PROVISIONS CONTAINED IN THIS ARTICLE.
• ------ , Formatted: Level 1, Left. Indent First line: O", Tab 7 SEC-RH-A-F~9e-st'R-H~~'J-...'.J#l-&-l'>,4-Q,\-;-J~-Of~~IPHIBJ'H~:mJb--t»{---1~00~¥-+l.:.:s stops: Not at 1.5" (b) PLAN MANAGER. SLDMWA AGREES TO PER~ORM THE OBLIGATIO~IS OF THE PLAN MA~lAGER DESCRIBED IN THIS MOA, B'Al;.11iLEGATlml TO miE OR MORE OF ITS H4PLOYEES OR TO t>. CONSULTANT OODe'R Cm-lTRACT TO

3.2 FISCAL MANAGEMENT BY S\,l}MWA "'1.11if0 REIMBURSEMENT TO SLDMWA. SLDMWA WILL PROVIE>E ~lEC~SARY FINMICIAL AND
ADMINISTRATIVE SUPPORT SERVIC~S CONTEMPLATED BY THIS MOA, INCLUDING, BUT ~l9-T t.lMITE.I} TO: HOLDlNG FINANCIAL CONTRIBUTimlS MADE IN ACCORDANCE 'NITH THB PARTIQP1HION PERCENTAGES, ACCOUNTl~lG FOR FUNDS HELD BY SLDMV, A. REF{)RTS AS REQUESTED BY THE COORDINATION COMMITU,b MFM;BERS GONC~RNING FUNDS HELD, AND DISBURSING SAID FU~IDS fOR AUTHORIZED PURPOSES.
+------ Formatted: Level 1, Left, Indent First line: O", Tab stops: Not at 1" __ _ l
C◊QRDINATIO~ COMMITTEE MEMBERS SHALL MAKE PARTICIPATION• ----- Formatted: Level 1, Left, Indent Left O", First line: O" I

PERCEJN'IAGE CONTRIBUTIONS REQUIRED PURSUANT TO THIS MOA DIRECTLY TO SLDMWA.

SLDMWf.,SHALb MAINTAIN A STRICT ACCOUNTABILITY OF ALL FUNDS CONTRIBUTED PURSUANT TO THIS MOA. SLDMWA SHALL ESTABLISH AND

MAINTAIN SUCH ACCOUNTS TO PROVIDE FOR SEGREGATION OF FUNDS AS MAY BE: REQUIRED BY GOOD ACCOUNTING PRACTICE. THE BOOKS AND

RECORDS OF SLDMWA PERTAINING TO FUNDS HELD AND EXPENDED

PURSUANT TO THIS MOA SHALL BE OPEN TO INSPECTION AT REASONABLE TIMES BY ANY ENTITY THAT HAS MADE A CONTRIBUTION. SU>MWA SHALL

PROVIDE AN UNAUDITED REPORT OF ALL FINANCIAL ACTIVITIES FOR EACH

FISCAL YEAR TO EACH PARTY THAT HAS MADE A CONTRIBUTION DURING THAT FISCAL YEAR WITHIN 60 DAYS AFTER THE CLOSE OF EACM FISCAL YE-AR.

SLDMWA SHALL BE AUTHORIZED TO EXPEND FUNDS UPON

AUTHORIZATION OF TME COORDINATION COMMITTEE, AS PROVIDED FOR IN THIS MOA.
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UPON MUTUAL AGREEMENT OF SLDMWA AND EACH ENTITY

OBLIGATED TO CONTRIBUTE FUNDS PURSUANT TO THE PARTICIPATION

PERCENTAGES, SLDMWA AND THE PARTIES MAY EXECUTE A FURTHER

AGREEMENT CONCERNING FISCAL RESPONSIBILITIES NOT INCONSISTENT WITH TIIE TERMS DESCRIBED HEREIN.

3.3 Tlm.MINATION OF SLDMW.\'S SERVICES. EITHER TH PARTIES ACTING • THROUGH THE: COORDl~JATION COMMITTEE OR SLDMWA, AT, '\NY TIME, MAY TERMINATE THE SERVICES BEING PROVIDED BY SLDM'NA PVRSUA~T TO THIS MOA UPO~J n~IRTY (30) DAYS' WRIITeN NOTICE. IF ~R.-®M SLDMWA,.tQ THE COORDINATION COMMITTEE; AND If FROM THE C.@◊RDINATION COMM!TIEE, TO SLDMWA.

Artiele IVARTICLE III COORDINATION COM1'11'.J+EEJOINT POWERS

AUTHORITY

4. 1
Authorit\".

Coordination CommitteeDelta- h-ndota Subl>t1 sin GSAs Joint Powers I Formatted: Level 1, Left, Indent First line: O", Tab
stops: Not a_t_1_" __
W;Ll_J :J~~--_P~rtj~~ cnt red into tha! certJIJ 1 Qelta-Mendota Subbasin GS As Joi_nt).?~ • :,c, Formatted: Font Not Bold, No underline Authorit\ A,;reement effe...ttve <,:, en,bcr I. 20~ . ,>I? form the Delta-Mendota Subbasin GSAs ~ atted: Level 2, Tab stops: Not at 1.5" Joint Powers Authorit ,. • "A utho i;ty''). agree t~ !ablish a CeoRlinatien Cemmittee te perfom:i the funetiens set ferth in thitJ Seeti{ifl 1 -ifl ae~denee with the Yoting proeeth1res end req1:1irmnents set ferth herein. Reeomrnendil;_lians from !Ile Ceenlinatien Cemmittee that req1:1ire approval or action of caclt GS,:i. witiiin the Swsbasi!l shall be pro,·ided te each Part)1's respective gm·crning beams fer ai:loption, <'l,1fJF0,1al or •tHher recommended ectioR.The Board of Directors of the Authoril\ su perseded an rcplaced·the Coordination Committee identified in the Orit!inal MOA.

All of the P;1 ' ·es to this Mb.A are Members of the Authorit\ • _ Formatted: Font Not Bold, No underline The! CeordinatioA Cemmittee will consist of a total of seven (7) ;·eting members tct rl.lf)resent the S1:1bbasin a11d shall he ceniprised of the representati•,·e ofa GSA c-·GSA Rcfft'cseetath'e") or a group of GSAs (a ··GSA Group Represeetath·c··), as identified en Exhieit ··B." Each GSA Representati,·e er GSA Gro1:1p RepreseRtative slrnll ha;·e one Alternate Representative a1:1thorized to ;·ete iR the aesence ef the GSA Reprefientative er GSA Gro1:1p RerresentatiYe, as applicable. (e) lndivid1:1als serving on the Cooroination C01nrnittee as a GSA Representative or GSA Gro1:1p Repret.entati,·e shall be selected by each respecti,·e GSA or GSA Gnmp at the diseretion offhat partic1c1lar GSA or GSA Group, and s1:1ch appuiRtnien!s ~l¼a~effectwe-t1t'-•!l-f>twlidiRg written Rotice IP the l,ecretary (d) The CoordinatioR Ce1nrnittee will recognize each GSA Represetttative er GSA Group Representati,·e and their applicallle Alternative RepresentatiYes 1:1Rtil s1:1el1 tin1e as the Secretary is pro-..ided wntten netice of removal and replacement of said Representative.
3747954vl / 2 I 603.0005 7
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(e) Minutes of the Coordination Committee will he prepared and maintained ey the Seeretal)' as set fortli in Artiele 4.4(b).
4 .2 RepFesentation. Each Parly 1mderntaHd:1 its partieipaticm. a:, mere fully sel furtll in Artiele IV of tliis MOA, is eased on representation on the Coordinatio~Qmmittee. It is the re:1ponsibility and obligation ef eaeh Party under this MOA te de,·elop its p,m-iner of seleeting its reGpeetive Coordination CommiHee Rerretoentative aml Alternate Repre;;e•~tive. f:or rurposes of this MOA, it is assumed that eaeh Coerdination Committee Represe ·: eeen authorized by the Parties in their resreetiYe GSA or GSA Grnup to partieipate as d~ribed 1,., Ni-fr.

4.3 Non Entity Status. The Parties aeknow~ge and agree that t~ {'~ordination Committee ereated by this MOA does not ereate a leg_l)l t'fttity w~ power to sue,{)r be sued, te enter into eontraets, to enjoy !lie benefits or aeeept the obl~ol}IV'e+'!i legal entity, or to exereise any legal authority. The Coordination CommiHee is not a~ 4 .4 CooFdination Committee Ot\ieet;~- The Offieers ll, • th<e Coordination Com1nittee will include a Chair, Viee Chair, and tlie sd~v~cept wher#'the Parties have named such Offieer in Article III of this MO/\, Officen ., sl-rnJ.t' ew ,1el•d at !lie initial meeting of the Coordination Commillee or as soon thereafter a~~onab1)1 tlan he aecomfllished. (a) Chaii; an& ';\'ice Chair. •1Any GSA Repre:;entative or GSA Group ::::::::::::::: :a~~;: ~~r;!::t;:~ s~~~:=i~ ::=e~::~~:a:.~ the aesence of both tlie,Giair ana' Ville Chair, a tneeting ma;· he led hy an Acting Chair, selected t>fl..tll a~ hoc eas11o1. who is a memeer of the Coordination Committee. ~position!; of Chair and Viee Chair sl~all rotate among the GSA Re)#i:nl41ntati·.-e aR~ GSA Grour RepFesentafr1es OR the Coordinatio11 Committee on an anm1aH:ia5is aeeor..fmg to alflhahetical order, ay name of the GSA or GSA Group, with the first rotal\•A. begflming Oil the date the first Chair is selected. The schedule fur at1nual rotation ofGi;hilir and Vice Chair will be set at the first meeting after the Chair is appointed and revie·n1ed and rntated a11nuall;· at the first meeting of the Water Year. Any GSA Rerresentative or GSA Groufl Representative may waive desigRalion as Chair. l11 such a case, the office of Chair would rotate to the t1e1;t designated entity. (b) Secretary. By a simple majority vote, the Coordination Committee shall select a Secretary to carry out the fu11ctions deGcrieed in this Artiele 4.4(e), to sep,•e at the pleasure of the Coordination Committee. The Secretary may. but need !lot, ee a Party to this MOA. Notwithstanding the requirement for a majorit;· vote of the Coordination ~m;~ arr"iAt II Seeretary, SI DMWi\ i-; herehy designated to t1en·e as the initial Secretal)·. Terminatiofl ofSLDM'J/A's sen·ice:; is s11bjeet to Artiele 3.3.

The Secretary shall select an aflflOiRtee (who may ee SLDMWA staff or a eonsultant contraeting with SLDMWA) to implement the Seeretary's responsihilities 1:1nder this MOA, for e1;mnple, tu eeordiRate meeti11gs; prepare agendaG; eireulate notices and agendas; provide written flotiee to all Partiec Ilia! the Coordination Committee has made a recommendation requiring approval b;· the Parties; prerare and maintain minutes of 3747954vl / 21603.0005 8
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1neetiHgn ef the CeonliHatioH C'i:muHittee: reeeive notiees OH behalf of the CoordiHatioH Committee aHd call to the CoordiHatioH CommiHee·s alletttioH the need for responding: and proYide stieh other am,istooce iH ceordination as may be approJ3Fiate.

The Secretary shall assome primary respoHsihility for Ralph M. Brown Act ;;ornpliaAee, iHeh1diAg ·Nith0t1t li1nitatioA, the respoHsibilit)' to ~ an ageAda and notiees, ptiblicly post and di:.tritmte agefl(fo:; to all Gff, •dinatioH Cemrnittee Repres ·,. " ·,, • '"''ho
ret;jtie 1 the
If!

4.5 Plan Manage,. By a simple majority vote ol'V !'lordiAatioH Committee members present, the CoordinatioH Committee shall select a PlaH Manag~. who may be a coHsoltant hiree by the Secretary, as eireeted by the actioH of,he QJoreiHatioH Coffin)ittee porsoaAt to this MOA, ::~:::::~::;:::'1~::i:~·~~~::::~i :r:.:~1::::::~·~=::e:i::

DWR as specifies by SGMA. ~ltitwith,.taHei~ the re~remeHt for a majority ·,•ote of the CoordiHation Committee to apJi!Eliflt a PhtH Mano$r, SLDMWA is hereby desigHated as the iHitial Piaf! MaHager, to serve at !We pleas~n:e aHd eirecti\m ef the CooreiHatioH Cemmittee, porstiaflt to Article Ill above.

The PlaH MaHager---shall .llff)' otit the duties of a ··plan Hlimager'' as provided iH Title 23. eivision 2, Cl~!er-1., Stihchapi'w 2. California Cede ofRegtilatiens. )11,· PlaH Managei'i'ias no aatherity to make policy decisions or represeHt the CeordiHatioH CoH1miltee witliotit the speuific eirectieH of the CooreiHatioH Committee. The Plan Manager is obligated to Eli ,elose all .l'11hstaAti>,•e eomnnmicatieAs he,lshe traHsmits aHd receives iH hisAier eapaeity as Plan Mt111ar;et to the CoordiHatioH Committee.

4.e Coo,dinafion Committee AuthoFized Aetions. The CoordiAatioH Committee is a11thori2ed to act 11poH the fullowiHg eH11merated items:
(a) By a simple majority vote of Coordination Committee n1embers preseHt at a regolar or special meetiHg, the CooreiHatioH Committee shall re~•iew aHd approve:
3747954vl / 21603.0005
recommendatioH(s) to the GSAs for apprnving aHy teehHical aHalyses, 1113datiHg ofteehnieal aHalyses as Heeded;
de·,•elopiHg lmegets for S11hbasiH wide Aetivities;
providiHg assistaHce with graH!s aHd with coordinates projects aHd programs;
assigHiHg work to stibcommittees a11d v,•orl,gro11ps as 11eeded, providiHg gtiieance aHd feedbaelc, aHd en:.oriHg that s11beommittees ane workgro11ps rrepare work prod11ets iH a time!)' maHHer; attd
9 107
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pFcwiding diFeetio11 to its OffieeE; eu!leeming etheF adminislrntive and ministerial issum, Heeessary for the fulfillme!lt of the abuve enumerated task!r.
(b) By a uHaHimous vote of Coordinatiell CemmiHee men1bers, the Coerdi!latioll Co!l1111ittee shall re.,.iew aHd apflrove:
determiHation ofSubbasill wide AetivitieG, wh~Jr~@jflitially described in Exhibit ·'o··. liut may be modified 1:iy the CEierdiHal, •Fl. Commillee from time t11 time;
soomittal of annual rerorts;
a represe!ltative moHitoriHg ne~
fiHal 1:rndgets;
----submittal of five yeai; J:tfidates;
re•,<isio!ls to this MOA~
adding Hew Parties le t!Jk, r,.~,
WO '
alljl • oord11;1~d Pla!l Bicpe!lses presented b)' the Secretaf)' ~ such .estimates, ill accordaHce witch the budgetary . . . . ttpdates ~i!h Stlflf!Ortmg docttme!ltatio!l shall be circulated to all Parties fer coffime!lt at I ~ast thirty (30) days ill adYa!lce of the meetillg at whieh the Fdi!latioll t:'on1miHee will eoHsider appro't'al of the a!l!lual estimate; dille1i1tillg the Plall MaHager ill tl1e performance of its duties 1cmder SGMA; aft&
~e hiriHg ofeonsHltaHIS for Subbasin wide Activities. providing direetioll to and supervision over eunsulta!lts eHgaged to assist in acEJuiring and proeest,ing teelmical data, conducting monitoring and reporting, and all other activities in support of Subbasi!l wide Activities.

4.7 CooFdination Committee Limitations. When the tenns of this MOA or applicable law reEJuire the Elflproval of a GSA (s1iel1 as appro·,·al of the GSP, accertanee of an annlial report. or appre,·al of a fhe year update). that arproval shall be required 0!ld e•,·ideneed as indieated in Artiele V of this MOA. Tile CeerdiHatien Committee is net a seflarate GSA and shall not be Fesponsible for approving the GSP. aH)' annual rerort, or (aHy five yeaF update thereto; eaeh GSA retains Fesf!onsibility fur slieh approvals. The CooFdination Co1nmittee ma)' make reeomn'lendations to the Parties for apflro;·al oftlie GSP, aii annual report, or an)' five year update of the GSP.
4 .8 S!ibeemmittees and Worl1gFoups. The CoordiHatien Cemmitlee may apf!oint ad hoe OF standillg s1c1bcomrnittees, workgroups, or otherwise direet staff made a,·ailable by the Parties. S!ieh S!ibeommittees eF •worlcgroups ma)' inelude EJualified individuals possessi!lg the knowledge a!ld expertise to advanee the goals of the GSP on the tories being addressed b)' the 3747954v1121603.0005 I 0
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subemHfllittee, whether er not slleh imlividuah. are GSA Repre:;eRlatives, GSA Grollp Represe1Hatives or Alternate RepreseRtatives.

4.9 CoordinatioR Committee MeetiRgs.
(a) Timing and J>Jetiee. The Chair of the CoerdiRatiory&=Rl\mittee, any twe GSA RepreseRtalives er GSA Grour Representativet,, er the Se§f'•!11ry 1Hay eall meetiBgs of the Coordination CoRHHittee as needed to earry Olli the activi:«cs l:k ieribe<l iA thit, MOA.

The CoordiAation Cef!lfllittee may, Bill is Rel required to, sef ii date l~r regular f!leetiRgs for the 13urposes deseribed in this MOA. All CoerdiA~kilill CemmiHee ln<!etiRgs shall be held iR compliaRce with the Ralph M. Bmvm Aet (G1~( Code~ 5495G e.' ~ .. (e) ~- A majority of the Coordiffi;t/i'ltl <:;:,.1fmlittee metfleers, as listed OR Exhieit •·ff". shall eeAstitute a quorum ef the Coon1t.natioH C0m1mttee for purposes of holdiHg a meetiRg. The Alternate Rer •
couHted towards a querum aRd a~ -'t-ft1:--,ffit~c-feetFeS<Eltli'at1~fst---ttt-il~efu;;e--Bt--t!tt! CoonliHation Committee GSA Repres
Alternate Reprcsentati,,e was appointed
(c) Opep.AttefR!#11ge. Memeer- ;0f the public, stal,ehelders, and representatives of the Parties ....,h, • are dl;lt appointed , as a GSA RepresentatiYe or GSA Group RepreseHtative OR th\ . • fl'tiii@n CefflRiittee may atteRd all CoordiHatieH CofflffliHee meetiRgs and shall be )'/£n'i'ided wnlt dll opportllRity to eomffleAt OR matters OH the ffleetiHg ageHdao bllhu 1H ha,,e RO ,, l!ite.
(d) ~- The Seeretary·s ap130iRtee shall keep and prepare mimites of all CeelJination Com\}'l!ttee meetiRgs. J>lotes efsueeomtflittee aRd v,•orkgroup meetings shall ~ hy the Seeretary·s appoiRtee or afl assistaRt to the appoiAtec. All minutes and subeomH'!i ree aBtl workgroup meeting netes shall be maiHtaiHed by tile Seeretary as SHbbasiR r~,;Fils and shall be availaele to tile Parties and the publie upon reqllest.

4.10 Voting by Ceerdinatien Committee.
(a) Each GSA ROf)ret1eA!ative or GSA Group Representatiw that is a memeer of tile Ceerdinalion Committee shall be eHtitled to OHe (I) vote al the Coordination Cornmi!tee meeliRgs. P:or GSAs represented by a GSA Grollp RepreseAlati 1,'e, it shall be up to the Parties in that GSA Group to deten11ine hov<' the GSA Group ,,,ete will be eaJt.

The Coordination Committee tlhall Rot ee ebligated lo honor the Yote of an individual Party am:1 will only fleecrt the vote of the GSA Representati•,'e or GSA Grou13 Representative or Alternate Representafr>'e. as ideHtified on E1,hibit .. B ... (b) EJwept as exprcst;ly set forth in Articles 4.€1 above aBd 4. I I aHd I l. l eelow, the ,·ote of a majority of a quorum prc:;ent at a regHlar or special meetiRg of the CoerdiRatieH Com1flittee shall be required for all other matters on which the Coordinatien Committee is autheriwd to act.
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4.11 Voting Proeedures to Address Leek of Unenimit,-. When ii appears likel)' that the Coordination Conmiillee v,ill not be able to eome to a unanimous deeision of Co0Rli11atio11 Cemmitlee members 011 any matter for whieh a u11animous deeisio11 is reeiuired. upon a majority vote of a EjllOTIIR1 of the Coordination Comn1ittee, the matter may be suhjeeted to a11y or all of the followi11g aeditional preeedures.
(a) Straw Polls. Straw poll votes ma)' he talum for the J!iUff10Se 0frefo1ing idea~; and providing guidance lo the Coerdination Committee, suhepffl!Hi!!th:S, or hoth. (h) Provisional Voting. Provisional •,·etes may oeeur prior t?i 'mal votes. This will be done when an initial vote is needee t,e refi11e a proposal, > !ttfl~ Ae--bl!>ARepresentatir,·et. or GSA Gmup Representatives ~ .• ii to eonl'i)lt with their e!spectiYe GSA er GSA Gmup(s) befere mal1ing a final vote.
(c) A vote sl-Jall be delayed if any GSA .Jt~rese11tative or GSA Grnup Representative deelares its i11te11tio11 ~I preyose an al!emalt',·"•6r modified reeomme11eed ::t~~:~oGbr::;o~~==i:::a~~ ::s=1=:t~::i::~:i~~==:::
from its GSA Group or govemi11g body\ (#both, ijA!eedee to propose its altemati>.·e or modified recomfflended lfSti'):11.
(d) J~ ,, "l'!roeess1ulltlined in A+le 4. l I (a) (e) faib te result i11 a l!Ra11im0us ,·ate of the GSA Represe1t;aiives- aiw CS,_\ Group Ret1resentatives, any GSA Rt!f!resentative or GSA Group Rt!f!reSeRta~,e not ,·ot'!tT~ in fuvor of the reeomme11ded action may request that the ,·ote b ... Got!> ,·e.l so that tk'l!l CoprdiHatio11 Cemmittee ca11 ohtai11 further infem1atie11 on the reeemmended ae.tt•A (for e1rn~ 1flfe, by directi11g a suhcom111ittee established u11der this MOA), ,:,e the GSA Repr~,L'lltative4lr GSA Group Represe11tative ca11 ohtai11 elarif:,-ing airectioH froRl 1:1
.l GSA Grollftl er ge\·eming body, er beth, as needed.
~ ~h Party aclrnowledges that time is efthe e:;senee with respeet te SGMA eomplia11ee .. 11Ei GSP impleme11tatie11 a11d agrees te make its best efforts te eoeperate through thecCoerei11ation Co1111Hitlee in e01Hing to a unanimous vote of representatives at a regular or special meeting.

Artiele V COST SHARING

5.1 T
Artiele \4ARTICLE IV APPROVAL BY INDIVIDUAL PARTIES
&:l-4__,l_ Where law or this MOA require separate written approval by each of the Parties, such approval shall be evidenced in writing by providing the adopted resolution or minutes of the respective GSA's Board of Directors' meeting to the Secretary of the Co0reinlitio11 Cemm iueeAuthority.

Artiele VIIARTICLE V POWERS RESERVED TO PARTIES
'.7.1-2.,,l_Nothing in this MOA shall be interpreted to deprive any Party of its right to:
3747954vl 121603.0005 12
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(a) Act as a GSA within its boundaries;
(b) Exercise authorities granted to each of the Parties as a GSA under SGMA in a manner consistent with the adopted GSP;
(c) Exercise authority to implement SGMA and any G~P.Rdopted pursuant to this MOA consistent with the terms and conditions set forth therein; and (d) Defend, with legal counsel of its own chobsing, any challenge to the adoption or implementation ofa GSP developed pursmmt to this MOA. "', ' ,,.,.Ftiele ,q11ARTICLE VI EXCHANGE OF,DATA AND INFORMATION , . / ~.
&-d-6.1 Exchanee of Data and Information. The<patties acknowledge and recognize pursuant to this MOA that the Parties will need to exchange ~ta and information among and between the Parties. Procedures for exchan !!ii o • such data and int 1 narion are outlined in Article XI of the Delta-Mendota Subbasin GSAs Join we,i:s t\,uthorit\ .-µtteement.

8.2 PFeeeduFe fuF Exehange ef Data R:Bd In(&Jnmtien.
(a) The Pal'trnt>. ,;hall exchange' puhlic ans non privileged information through collahoration anc!,len: infon1~itl requests ~ at the Coorsination Committee level or through subeomfoittee.5 sesjg;Hates hy the C:oorsination Committee. However, to the e11tent it is necessary to make.a writtL'lt ret,1ues~ for information to another Party, each Party sl!all sesignate a Fepresentati~ lo respons to infurmation requests ans pro·,.ise the name aas contae! iafunnatian of tht-1.,d$ignee to the Coorsinatioa Committee. Requests may he C!,Jf!Hfl unicates in ...-J'iting an.I transmittes ia person or hy mail, facsimile, or other electronic ::·:::ti:'.:s:~r=~: i:;=~:. ::;::!n~~- this MOA. The sesigaates (b) J'Jothing in this MOA slrnll he construes to rrohibit any Party from voluatarily i:ll!.changing iafom1ation with any other Party by any other mechaaism serarate frem the Coorsiaation Co1Hmittee.
(c) The Parties agree that each GSA shall rrovise the sata requires to sevelop the Subbasin wiEle coorsinateEI •water buElget. (El) To the extent that a court orser, subpoena, or the California P1c1blic ReeorEls Aet is applieable to a Party, sueh Party in responEling to a reqliest mase p1c1rsliant to the Califumia Publie ReeoFds Act for release of iafoRHation exelianges &om another Party sllall timely notify the Coorsination Cemmittee in writiag of its propeses release ef informatien in oFder to provise the ether Parties with tlie epportHnity ta seek a court orEler pre•,<CHling sueli release ofinformatiea.

AFtiele IXARTICLE VII ~ MON'ITORING NETWQ~
94L.l_In accordance with SGMA, the Parties hereby agree to coordinate the development and maintenance of a monitoring network at a Subbasin level. The Subbasin monitoring network 3747954vl I 21603,0005 13
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description shall include monitoring objectives, protocols, and data reporting requirements specific to enumerated sustainability indicators. Each GSA is responsible for the following:
(a)
boundary;
Operating and maintaining the representative monitoring network within its (b)
(c)
Filling data gaps in its GSA on a defined schedul~;
Collecting data per the approved Subbasin-wide monitoring protocol; A , _. (d) Considering developing and maintaini~g ·a supplementary network for collecting data in excess of the minimum ne~ ·'for the",purposes of S11J'POrting local management decisions (since the level of detail ~eces~_aiy•lJlay not be sufficient in a Subbasin level network); and • '
(e) Each GSA shall have·;;a minimum of one·-i;epresentative monitoring well (measuring water level and water qu~ity) from each aquffer (above the Corcoran Clay layer - shallow aquifer, or below the Corcor~n ~_lay lay,er - deep aquifer) in which it has groundwater pumping either within its GS_~ ·boundaries or within the area of influence of the pumping that is occurring, sufficient-.io meet the recommendations of the Subbasinwide GSP consultlll)t. • ' -~ • '• f);},7.2 The minimum monitoring network shall be based on the evaluation performed by the Subbasin-wide GSP consultarit'and may ,change from time to time. The Subbasin-wide GSP consultant shall-evaluate the m~nitoring network to ensure: ·- A Th~e is a proper spatial and temporal coverage to inform a groundwater (b) The level of monitoring is commensurate with the use in an area (e.g., limited monitoring well(s) in areas that do not pump or higher density of survey benchmark~'fa areas that have numerous deep wells); and ( c) The network is balanced, so that should an exceedance occur, it is not biased or weighted as a function of a poorly distributed monitoring network. ,",rtiele XARTICLE VIII. _ COORJ)JNATED ~AT A M~AGEl\11':NT SYSTE:M_ -l-0,-l-LJ The Parties developed and currently maintain a coordinated data management system that is capable of storing and reporting information relevant to the reporting requirements and/or implementation of the GSP and monitoring network of the Subbasin. After providing the Coordi11otio11 CommitteeBoard of Directors of the Authorit v with data from the individual GSAs, the Plan Manager will ensure the data is stored and managed in a coordinated manner throughout the Subbasin and reported to DWR annually as required.
3747954vl 121 603.0005 14
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Adiele XIARTICLE IX. ADAPTIVE MA~AG.~MEN'I' F'Ri\~~ORK
H-a--1-9. lThe CoeFdiAatieA CemmitteeParties previoush established a)! "Adaptive Management Framework" applicable to all GSAs in the Subbasin, which is attached hereto as Exhibit "C" and incorporated herein by this reference. This Adaptive Manag~ent Framework shall be further refined as part of the GSP development and implementation/. '-' -H-±9.2If and when required pursuant to Exhibit "C", each Party to this Agreement shall participate in the procedures discussed therein without regard to wh'etJ]er the ~arty is represented by another entity on the CoordiAatioB CommitteeAuthont, s B ~, <l of Director . ./-
~9.3As part of the Adaptive Management Fnµriework, each Party comll)ltS to continue to evaluate and implement projects and management ac'ficins ("P&MAs") within its boundaries to reach sustainability in compliance with SGMA. ·, '/
Artiele XIIARTICLE X ~ODIFICATION Of THIS MOA
.. ,I'
~10.1 Addition of a Partv. A, Party1_~ay be ;uided to this MOA only upon the unanimous vote of Coordination CommilteeB • r@ f D1 ,-1 ••~ of the Authorih members at a regular or special meeting, the Party's execution,of a counterpart of this MOA, and its provision of any additional documen,\.atfon reguired by this MO!,>. No Party may be added that is not a GSA within the Subbasin or \hal fails to share in GSP €l}t'Minated e1,pensesCoordinatcd Plan Ex nenses. , A - ~
~ I 0.2 Modification or Amendment of this MOA. The Parties hereby agree that this MOA may be supplemented; amended, or modified only by a writing signed by all Parties . .,,{" • • .... ./. ~ 10.3 Amendment' for Compliance with Law. Should any provision of this MOA t,td~ermined to not be in compliance with legal requirements under circumstances where amendment of.the MOA tci include a provision addressing the legal requirement will cure the noncompliance, the l'arties ,agree to promptly prepare and shall not unreasonably withhold approval of such amendment. ..

Article XIIIARTICLE XI WITHDRAW AL, TERM, AND TERMINATION H,.l-11.1 Withdrawal. A Party may unilaterally withdraw from this MOA without causing or requiring termination of this MOA, effective upon one (1) year written notice to the Authority's Secretary and all other Parties. The Plan Manager shall report any such withdrawal to DWR and/or the State Water Board within five (5) days ofreceipt of the written notice.

Any Party who withdraws shall remain obligated for w rdinated Plan ExpensesGSP coordinated e*penses as provided iA a separate If-Re separate Cost SJ.iaring Agreement is then in effeet or enfureeaale agaiAst the ·.vithdrawing Party, tihe withdrawing Party is obligated to pay its share of all debts, liabilities. and obligations the Party incurred or accrued under the MOA prior to the effective date of such withdrawal, which is one (1) year after providing written notice to the Secretary and all other Parties, and as also may be established under its separate GSA Group agreement, as applicable, concerning such share of obligations.
3747954vl / 21603.0005 15
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DRAFT 7/10/25
Upon withdrawal, a Party agrees that it has a continuing obligation to comply with SGMA and any coordination guidelines and regulations issued by DWR, which require a coordination agreement if there are multiple groundwater sustainability plans in the Subbasin. This obligation shall survive the withdrawal from this MOA and is for the express benefit of the remaining Parties.

13.2 TeFm; TeFmination of Coordination Agreement. This II< OA shall take effeet OB the Effeetive Date. ProvisioBs reqHiri11g comrlia11ce with, aria imrl~fi!'efltat.t•l'll et: the GSP, sha.J.I beeome operative aBEI einEiiBg upoB the adoptiofl of the GSP. Uni~ mo~ as proYided ifl Article 11.2 or tem1i11ated at, rrovideEI ifl Article 12.3, this t>.<!9A4ihall contiRuO.• >1: a term that is eotefRliRous with the reql-liremeBts of SGMA for the exist~ of the GSP for the ~ hlJasiR. At the time the GSP is adopted by all Parties aAd tliis MOA is 9Jl't <\tiYe a~ binding 1-lponAfie Parties, the CoordiHation AgreemeRt shall automaticall)· termiBate.
~11.2 Termination. This ,MOA may be temiinated or rescinded by the unanimous written consent of all Parties. Nqthing in this MOA --shalf prevent the Parties from entering into a coordination agreement for coo:ioinati?n with any otl-i'er subbasin. -:-:0
-HAI 1.3 Indemnification. No P~ , nor any director, officer or employee of a Party or SLD~~J'..; shall be resp<;msible for any damage or liability occurring by reason of anything done of omit!¢ to be done by another Party or--Sbf}MWA-under or in connection with this MQA. Each Party shall fully indemnify and hold harmless each other Party and SLDM'NA and its ageiits, directQrs, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney Jetis, a~ing out of,'·r,esultjpg from, or in connection with any work delegated to or action takenor omitted 1o be taken 'by such Party pursuant to this MOA. • ; Artiele XIVARTI LE XII - PROCEDURES FOR RESOLVING CONFLICTS 14-:l-12.1 In' the event of any dispute arising from or relating to this MOA, the ,rocedures for res(\{ . .1111! conflicts described in Article XIII of the Delta-Mendota Subbasin GSAs Joint Powers Authdtitv Al!reement shall control. except for disputes arising ifom the inaeilit)' of the CoordiAatiofl Committee to reaeh a unanimous deeisioB, the diGputing Party shall, within thirty ~eRdar days of disco·,·ery of the eveHts giYing rise to the dispute, notify all Parties to this MOA in writing of the basis for the dispute. \¥ithin tl1irty (3 0) ealeRdar days of reeeipt of said notiee, all interested Parties shall meet an<J eoBfer ifl a good faith attempt to informally resolve the Elispute. All displ-ltes that are Rot resolved iRformally shall be Sl-lemitted to arbitratien. Within ten (I 0) da)'S rollowing the failed i11formal proeeediRgs, each iBterested Party shall Rominate aREI eirculate to all other iRterested Parties the name of one arlJitrator. WithiR teR (10) dayn follo·,•riHg the Bominations, the interested Parties shall rank their top three (3) amoBg all BomiHateEI arbitrators, awarding three poiRts to the tor choice, two points to the secoRd choice, oRe roiHt to the third ehoice aHd zero fJOints to all others. Each iRtere:,!ea Party shall forward its tally to the Secretary, who shall tae11late the poiAts and notify the interested Partie:; of the arbitrator with the highest cumulative score, ·,vho shall be tile selected arbitrator. The Secretal)' may also de•,·elop rroced1:1res for approval by the Parties, for selectiofl in the ease of tie votes or in order to replace the seleeted arbitrator in the event such arlJitrator declines to act. The arbitration shall ee aElrniRistered in aceordaBee with the procedures set forth in the Califomia Code of Civil Procedure, 3747954vl / 2 1603.0005 16
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l;ection 12~W. ct St'q., aRd of any state (:lf local mies then in effect for arbitration p1m;uant t0 said section. Upon ~mmpletion of arbitration, if the controverny has n0t been resolved, any Party may exercise all rights to bring a legal acti011 relating to the eontrovers)'.

Artiele XVARTICLE XDI GENERAL PROVISION~,
A l- .- 13.1 Authority of Signers. The individuals executing-this MOA represent and warrant that they have the authority to enter into this MOA and to legally Bind the Party for whom they are signing to the tenns and conditions of this MOA. _ • \., ' ~13.2 Governing Law. The validity ang9i~erpfetation of this.MO7\ will be governed by the laws of the State of California withoutgiving effect to the principles of conflict oflaws, with venue for all purposes to be proper only in"'ihe ~oun,ty'of-Merced, State of California. ~13.3 Severability. Except as provided for cure by amendment in Articles 11.2 and 11.3, if any term, provision, covenanf, or condition of this MOA is determined to be unenforceable by a court of competent jurisll.iction, it is the Paijies' intent that the remaining provisions of this MOA will remain in full for&e anJetI~ and-will not be affected, impaired, or invalidated by such a detennination. _, ,
HA-13.4 Counterparts. This MOAmay be executed in any number of counterparts, each of which will be a9 o~ginal, but all ofwhich.(will constitute one and the same agreement. ' ' .,,. ~13.5 Good F,aith. The Parties agree to exercise their best efforts and utmost good faith to .eff~ate all the'4nI1.s and conditions of this MOA and to execute such further instruments and documents as are ·reasonably necessary, appropriate, expedient, or proper to carry out the j11(~t and purposes of this MOA.

Signatures on following page
3747954vl / 21603.0005 17
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IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date.

Formatted Table -=-1
~!tc'd:-: ----========-----==----
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Q..i~------=======--
3747954vl / 21603.0005 19
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EXECUTING NOT A8 A PARTY:

Date.=d.,._· ________ _
Dated:

Dated:

Dated: _________ _
Dated:
3747954vl /21603.0005
SAN LUIS & l>ELTA MENl>OTA. WATER

AUTHORITY
ALISO W ATE ISTRI "T GSA
Print Name:

CEN
Print Na}i~ ,----------- Print Tit],:
:::::,:Y OF DOS PALOS 9SA
Print Name:

Print Title:

CITY OF FIREBAUGH GSA
Print Name:

Print T.,...i...,tl""'e:.__ _________ _

CITY OF GUSTINE QSA
Print Name:

Print Title:

CITY OF LOS BANOS QSA
Print Ninne:

Print Title:

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20 118
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3747954vl /21603.0005 21
119
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Dated· _________ _ CITY OF MENDQT A GSA
Print Name:

Print Title:

I Dated: CITY OF NEWMAN GSA
I
Print Name:

Print Title:

I
Dated: CITY OF PATTERS
I
I
Dated: COUNT· OF MADERA GSA- DELTAMENDOM
I Print Name:

Print Title:

I Dated: COUNTY OF MERCED DELTA-MENDOTA GSA
I Print Name:

Print Title:

I Dated: DM II GSA
I Print Name:

Print Iitle:

I Dated: FARMERS WATER DISTRICT GSA
I Print Name:

Print Title:
3747954vl /21603.0005 22
120
Dated· _________ _
Dated:

Dated:
3747954vl / 21603.0005

FRESNO COUNTY MANAGEMENT AREA A
GSA
Print Name:

FRESNO COUNTY MANAQEM • ..,. AREA B
GSA
Print Name:

Print Title:

DRAFT 7110/25
23 121
Datc.~d-'-- : _________ _
Dated:

Dated:

Dated:
3747954vl /21603.0005

NORTHWESTERN DELTA-MENDOTA GSA

STANISLAUS COUNTY
Print Name:

Print Title:

APPROVED AS TO FORM
B :
1 E.RCED COl'NTY
APPRO~ ;rD AS TO FORM

ORO LOMA WATER DISTRICT GSA
Print Name:

Print Title:

PATTERSON IRRIGATION DISTRICT GSA
Print Name: __________ _
Print Title:

SAN JOAQUIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name:

Print Title: __________ _
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24 122
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Dated: TURNE_R ISLAND WATER_VISTRICT-2 GSA
Print Name:

Print Title:

Date=d,.._: _________ _ WEST ST AN_ISLAUS JR
GSA I ~
Print Name:

Print Title:

Dated.:... _________ _ WIDREN WATER DI T JCT GSA
Print ~ ame:
3747954v] /21603.0005 25
123
EXHIBIT "A"
Parties to the MOA
I. Aliso Water District GSA

2. Central Delta-Mendota GSA
DRAFT 7/10/25
(Includes: San Luis Water District, Panoche Water Distnct,,Tranquillity Irrigation District, Fresno Slough Water District, Eagle Field W~ter District, Pacheco Water District, Santa Nella County Water District, Mercy Spn'hgs Water District, County of Merced, and County of Fresno) ,,{' • " ' , r

3. City of Dos Palos GSA

4. City of Firebaugh GSA

5. City of Gustine GSA

6. City of Los Banos GSA

7. City of Mendota G~A

8. City ofN~wman GSA ' /

9. c;ity of Patterson GSA
I 0, County bfMadera~ GSA Delta-Mendota
;
11 . County of Merced Delta-Mendota GSA

12. DMIIGSA
'

13. Farmers Water District GSA

14. Fresno County Management Area A GSA

15. Fresno County Management Area B GSA

16. Grassland GSA

17. Northwestern Delta-Mendota GSA

18. Oro Loma Water District GSA

19. Patterson Irrigation District GSA

20. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) 3747954vl / 21603.0005 26
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21. Turner Island Water District-2 GSA

22. West Stanislaus Irrigation District GSA 1

23. Widren Water District GSA
3747954v l / 21603.0005 27
125
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EXHIBIT B

BOARD OF DJRECTORS REPRESENTATIVES & PARTICIPATION PERCENTAGES ~
3oard of Directors Representatives plphabeticall\ ) .?.. \. Particiration Group Contact A!.!Ull, Percentage
Aliso Water District GSA Aliso Water Qistri!'t GSA \ J!.1 Aliso Water District GSA ~
' = Central Delta-Mendota GSAs Grou p Central Delta-Mendota GSA -1.C Ji- L Central Delta-Mendota GSA - - Oro Lo1n~ Wats:_r District GSA - - Widren Water District GSA ~ Farmers Water District GSA Farn1ers Watei"~•i:: lfict GSA J!.1 Fanners Water District GSA
~ Fresno Count\' Manai,:ement Area A and B rn:hill~-unf-., GSAs Grou(! J!.1 ,1,- y Fresno Count\ Management Area.,A.GSA - - Fresno Count, Manal!.ement .\rea B GSA ~ Grassland GSAs Group Grassland Water District J!.1
Grassland GSA - - Merced Count\ Delta-Mendota GSA - -
' Northern Delta-Mendu1~ GSAs Grou(! West Stanislaus Irri gation District J!.1 Cit, of Patterson GSA - -
DM-ll GSA - Northwestern r'>d ta-Mendota 'SA - - Patterson lrri~atio1~ District l.iSA - - West Stanislaus lrrig'ation District GSA San Joaquin River Eu han2e Contractors GSAs San Joayuin River Exchan~e 7 Group Contractors GSA J!.1
Cit:, of Dos Palos GSA -
Cit,, of Firebau!!h GSA - - Citv of Gustine GSA - - Cit\ of Los Banos GSA - Cit\ of Mendota GSA - - Cit~ of Newman GSA - Countv of Madera GSA Delta-Mendota - - Merced Count, Delta-Mendota GSA - - San Joaquin River Exchange Contractors GSA - -
Turner Island Water District-2 GSA -
3747954vl / 21603.0005 28
126
EXHIBIT "B"
C00nlieati0e Committee RepFeseetatiYes & P1wtieipati0e PeFeeetages Ceerdinatien CemmiUee Re11resentatins
+ Alise Water DistFiet GSA
Aliso 'Nater Distriet GSA
2 FaFmeFs Water Distriet GSA
Farmers Waler Dislriet GSA
FFesne Co1111t:1· Management Area A and 8 GS,\s
3~
Fresno Ceunty Management Afea A GSA
Fresne Co11nty Management Area B GSA
4 ~-al De!t~ Mendota C~A~ CrellJl .. .

Central Della Mendota GSA
OFO bmHa Water Distriet GSA
Widren Water Distriet GSA
~ Northern Delta Mendota GSAs G1'811fl ~\
City of Pallem1n GSA )~

DM II GSA
J>l01'lhwestl'ffl Della MettdElla GSA
Pallersett ln-iga1i011 D.i!ffl'i91 G$A
West Stanislaus l~ation Di.,,riet GSA
e Grassland qS:.\s Creu11
Grassland GSA
Mereed Co1mt) Dektt Meneeta GSA
y
San Joaquin Ri'ieF Ellehange Cetttneters GSAs
::,. GFeup
City of Dos Pales GSA
City efFireeaugh GSA
City of G11stine GSA
City efbes Bamis GSA
Cit)' efMeneata GSA
City of Newn1an GSA
Maeera Co11nty GSA
Mereee Cmmty Delta Meneeta--G-8-A
!.,,m--J..a.tutn Ri"1:'I· l"whAnge ~-Gs.A
Turner Island Water Distriet 2 GSA
3747954vl / 21603.0005
i.-
Aliso Waler DitJtrie~ GSA
.....

West Stanislaus ln-igatien Distriet
Grasslaml Water District
San Joa(juin Ri,·ei· lesehange
Centraewrs GSA
DRAFT 7/10/25
----1-R
----1-R
-h9 .. --·· f Formatted: English (United States) J
-+R-
-+R-
----1-R
29 127
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EXHIBIT"C"

ADAPTIVE MANAGEMENT FRAMEWORK FOR THE SUBBASIN
The Groundwater Sustainability Agencies ("GSAs") in the Delta-Mendota Subbasin (the "Subbasin") acknowledge that the Sustainable Groundwater Managemen!-/4'\ct (t'SGMA") has a long-term horizon to achieve sustainability and that management ofth~,$,ubbasin will require an iterative process on the part of the GSAs and the CooFdiHatioH Co~~fi1tteeyi· ard of Directors of the Authorit • to review groundwater conditions at least annually, and pro,POse revisions to underlying data, methodologies, assumptions, sustainabl,e, _,management brjteria, projects, management actions, and other Subbasin-wide coordinateil -information as necessary to meet changing conditions. Accordingly, the GSAs in the Sljbb~in establish the following framework for addressing MT exceedances in the SGMA implementa1iqn p«fod:'as will be further described in the adopted GSP:

I. As a Subbasin-wide Activity;\the Subbasin-wide GSP"t:onsultant shall initiate a review of Subbasin-wide data within sixty ( 60) days)fter_ that data is due to be submitted by each GSA (the "Review"). As reporting dates vary1
~ase_d)ipon the Sustainable Management Criteria
("SMC"), this Review will be done on a regular oa'sis and will be a regular agenda item on the CoofdiHatioH Committee/\uttwit~ ;,,Board of Di ·ectors ag~ndas. /

2. The Review shall take into account all matters to be considered in the Annual Report pursuant to the DWR~egufatj~~ section 356.2, including, but not limited to, changes in groundwater elevation, groundwater storage, subsidence, water quality and the status of minimum thresholds (")¼Ts") 811_d interim milestopes in the Subbasin GSP. } . Should GSA activitih result in either a) a pattern of data showing a downward trend (towards a MT exceedance), orb) a MT exceedance, the CoofdiHatioH Committee:\uthority (at the reco~m~dation of the Plan Manager, a designated subcommittee, or the Subbasin-wide GSP Consultant),~hall) mmediately notify the GSA and add the downward trend or exceedance information to the ·next CaonliHation Conrn~itteeAuthority's Board of Directors agenda packet.

That GSA shall also be provided with a checklist to help evaluate possible causes of the MT downward trend or exceedance.

4. The GSA may request the Subbasin-wide GSP Consultant to coordinate such trend or exceedance information with that GSA's own consultant, as applicable. Within thirty (30) days of said notice, the GSA shall present a plan of action to the CooFdiHatioH CommitteeBoard of Directors of the Authoril\ to address how the GSA will mitigate any downward trend or exceedance and in what timeframe. The intent is for the CoordiHatioH CommitteeBoard of Directors of the Authoril\ to discuss the mitigation plan in an effort to provide helpful ideas to the GSA. However, the GSA is solely responsible for the management actions within its boundaries and the costs to remedy the cause of the MT exceedance if it is attributed to activities occurring within such GSA's jurisdictional boundaries and/or that GSA is not operating within its Sustainable Yield (the "Responsible GSA"). At its sole cost and expense, the Responsible GSA may ask the Subbasin-wide GSP Consultant to further determine: (a) what caused the exceedance; (b) whether or not the Responsible GSA has control over the cause of the MT downward trend or 3747954vl / 21603.0005 30
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DRAFT 7/10/25
exceedance; (c) whether it is an intra-basin impact from another GSA or an inter-basin impact by a neighboring subbasin; and (d) whether or not the MT exceedance caused injury.

5. If there is a determination by the Subbasin-wide GSP Consultant that any MT downward trend or exceedance was caused by intra-basin impacts from anotJ1er GSA within the Subbasin, such determination will be brought back to the • Authori1v·s Board of Directors for further discussion and potential Subbasin-wide ,;:1<@on. The CeeHlinati(lR CemmiHeeAuthoritv· s Board of Directors will work with other GS,XSto \h1crease existing GSA coordination to remedy the issues causing the downward trend or exceedance and to remedy the responsibility of costs associated with identifying and mitigatinf tQ,e e;ceedan2e.

6. If there is a detennination that any MT .~Gane~ was caused by/ a neighboring subbasin, this should be brought back to the Ceordin~timl, 1• ~Board of Directors of the Authority for further discussion and potential Subbasin-wid~ action. Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward treri~ or exceedance across Subbasin boundary lines (such as water quality issues'.isubsidence, or depletidirtof interconnected surface waters) shall be shared amoRgst the Coord;(lathit • €emmittee eq1c1all;' between Coordination ConuniHee members ursuant to the Partici atl.i n P1: e1 \ >·of the Authorit\ (i.e. I/7th each).

The CoordinatioR CommitteeAuthoritv·s Boar 'O'l' birect9'§-Will work with other subbasins to expand existing inter-basin .5oordination to remedy the issues causing the downward trends or exceedances.

7. In the event 'ti.lat th-e GSA is unable to mitigate or avoid future MT exceedances with its existing projects and Iria,nagerneiitactfons ("P&MAs") and within the timefrarne presented to the Coord!~i® C.\":l'~mitteei 11 rit'{s Board of Directors, the GSA may seek assistance from the Coord•lllition Comfl~iheeAutho A . The CoordiRation CommitteeBoard of Directors of the Authoritf,may recommen~ policidor programs to the GSA that the GSA could, in its discretion, adopt to remedy the existence of a MT exceedance and to avoid undesirable results. Furthermore, the Co0Fdinat1t;1~,·commi~ lleBoard of Qirectors of the Authoril) may consider setting triggers in the GSP for GSAs to implement management actions [e.g., sequencing P&MAs] or work on alternative options. _
,
3747954vl / 21 603.0005 31
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3747954vl / 21603.0005 32
130
•
•
•
•
•
•
•
•
•
DRAFT 7/10/25
EXHIBIT"D"

SUBBASIN-WIDE ACTIVITIES
(Initial List)
Preparation of and submittal of annual reports
Preparation of annual estimates ofCoordinatei:!·Plan Expenses pr~ted,by the Secretary and any updates to such estimates{tn accqfdance with the pudgetary requirements of the respective Parties ,' , /
( ' ~
Plan Manager costs and expenses for the work'dJrected by the C00nli11ation Comrnittee:\uthori tv' ~ Board uf Director~
Subbasin-wide Consultant costs.and-eigx:ns.~, inclui'ling, but not limited to, collecting information from the ~ublpsin-G~As, processing technical data, and those identified in Exhibit "C" for. ttie Adaptive Management Framework for the Subbasin
Preparati6n.9f and sµbmittal of five-year updates to the GSP Revisions to this MOA
Subbasin~~de outre;ich ,
./>
Litigation costs for an attorney coordinating the GSAs for litigation filed against ·the entire Subbasin • /
Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or MT exceedance across Subbasin boundary lines 3747954vl / 21603.0005 33
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132
,rOsBanos
At the Crossroads of California
Agenda Staff Report
TO:

FROM:

DATE:

Mayor & City Council Members
Soknirorn Than, City Manager
November 19, 2025
SUBJECT: Addition of a Legal Assistant Position in Administration Department TYPE OF REPORT: Consent Agenda
Recommendation:

Attached please find a resolution for your review and consideration of approval that would amend the salary schedule to add the position of Legal Assistant to the Administration Department and amend the budget for the 2025-2026 Fiscal Year as it pertains to salary and benefits for said position.

Discussion:

With the City's recent decision to transition from a contracted City Attorney to an inhouse City Attorney, there is now a need to add support staff to the City Attorney's Office. After discussion with the new City Attorney and reviewing the operational needs of the department, it was determined that the appropriate classification for this position is Legal Assistant. This role will provide general administrative and legal support, including court filings, preparation of pleadings and memorandums, legal document filing and retention, assistance with public records requests, and tracking of legal time.

The position requires strong organizational skills and the ability to manage detailed and confidential work.

Fiscal Impact:

For Fiscal Year 2025-2026, the proposed addition of the Legal Assistant position will increase salaries and benefits expenditures by approximately $63,753.50.

The 2025-2026 Fiscal Year Budget Amendment will be as follows:
• 100-410-100-101: $7,490.94
• 100-410-100-120: $5,578.34
133
ITEM 7J
• 100-410-100-121: $2,868.86
• 100-410-100-101: $7,490.92
• 501-410-100-120: $5,578.34
• 501-410-100-121: $2,868.86
• 501-410-100-101: $7,490.92
• 502-410-100-120: $5,578.34
• 502-410-100-121: $2,868.86
• 502-410-100-101: $7,490.92
• 510-410-100-120: $5,578.34
• 510-410-100-121: $2,868.86
Reviewed by:

Attachments:

Resolution
134
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 4,

SALARY SCHEDULE EMPLOYEE

CLASSIFICATIONS RELATING TO CHANGES TO

SECTION A - ADMINISTRATION - ADDING

LEGAL ASSISTANT AND AMEND THE BUDGET
FOR THE 2025-2026 FISCAL YEAR AS IT

PERTAINS TO SALARY AND BENEFITS
WHEREAS, the City Council of the City of Los Banos has received a request to add the position of Legal Assistant to the Administration Department; and WHEREAS, the City's Salary Schedule needs to be amended to reflect the addition of the Legal Assistant position and salary range; and WHEREAS, the City's 2025-2026 Fiscal Year Budget needs to be amended to as it pertain to the salary and benefits of the Legal Assistant position and salary range; and WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the Fiscal Year 2025-2026 Budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed total increase in expenditures associated with salary and benefits is $63,752.50 to the following accounts: 100-410-100-101 $7,490.94, 100- 410-100-120 $5,578.34, 100-410-100-121 $2,868.86, 100-410-100-101 $7,490.92, 501- 410-100-120 $5,578.34, 501-410-100-121 $2,868.86, 501-410-100-101 $7,490.92, 502- 410-100-120 $5,578.34, 502-410-100-121 $2,868.86, 502-410-100-101 $7,490.92, 510- 410-100-120 $5,578.34, 510-410-100-121 $2,868.86; and
WHEREAS, said requests have been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of November 19, 2025.

NOW, THEREFORE, BE IT RESOLVED that Division 4, Salary Schedule of the City Policy Manual is hereby amended to reflect the changes as listed above and is hereby approved as submitted as "Exhibit A" respectively.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos hereby approves an increase to expenditures within the 2025-2026 Fiscal Year Budget to include an increase in expenditures associated with salary and 135
benefits is $63,752.50 to the following accounts: 100-410-100-101 $7,490.94, 100-410- 100-120 $5,578.34, 100-410-100-121 $2,868.86, 100-410-100-101 $7,490.92, 501-410- 100-120 $5,578.34, 501-410-100-121 $2,868.86, 501-410-100-101 $7,490.92, 502-410- 100-120 $5,578.34, 502-410-100-121 $2,868.86, 502-410-100-101 $7,490.92, 510-410- 100-120 $5,578.34, 510-410-100-121 $2,868.86; and
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of November 2025, by Council Member _ who moved its adoption, which motion was duly seconded by Council Member _ and the Resolution adopted by the following vote:

A YES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
136
DIVISION 4

SALARY SCHEDULE
(Approved November 19, 2025 I Effective November 19, 2025) SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY

SECTION A-ADMINISTRATION
TOTAL POSITIONS AUTHORIZED :ffil (9) 1
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP 5 City Manager ( 1) 18,360-22,950 * * * * *
City Attorney ( 1) 18,667-23,334 * * * * *
Assistant City Manager (1) 1 * 14,998 15,748 16,535 17,362 18,230 Human Resources Director ( 1) 12,336-15,751 * * * * *
Human Resources Analyst ( 1) * 6,726 7,062 7,415 7,786 8,175 Assistant City Clerk/Records Coordinator ( 1) * 5,696 5,981 6,280 6,594 6,924 Legal Assistant {11 .. 5,641 5,923 6,219 6,530 6,857
HR Technician I (2) * 4,510 4,736 4,973 5,222 5,483
Admin Clerk (0)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054
'Assistant City Manager position is authorized but unfunded.

STEP6
*
*·
19,142
*
8,584
7,270
7,200
5,757
5,074
4,257
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TO:

FROM:

DATE:

LOsBanos
Ar the Crossroads oJ California
Agenda Staff Report
Mayor and City Council
Eric Gallichio, Deputy Fire Marshal
Paul Tualla, Fire Chief P7
November 19, 2025
TYPE OF REPORT: Public Hearing, Agenda Item
SUBJECT: Second Reading and adoption of Ordinance 1211, Amending Title 4 Fire Code Regulations of the Los Banos Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2025 Edition of the California Buildings Standards Code.

Recommendation:

It is recommended that the City Council take the following actions:

1. Waive the second reading and adopt Ordinance No. 1211, amending Title 4 Fire Code Regulations of the Los Banos Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2025 Edition of the California Buildings Standards Code.

Background:

On November 5, 2025, the City Council held a public meeting to receive public comment on Ordinance No. 1211, the Council received no public comments, waived the first reading and introduced the Ordinance by title.

The model Fire Code is updated every three years. This allows the Code to improve and adjust to the newest materials, methods of construction and technological advances in the industry. The city previously updated the Fire Code in 2022. The first reading of

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Los Banos City CouncilNovember 19, 2025

Los Banos City Council
November 19, 2025