www.losbanos.org
Los Banos City Council Agenda – March 18, 2026 Page 1 of 5 AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MARCH 18, 2026 – 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
_________________________________________________________________________________ Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City’s website for public review. Agenda packets can be found on the City’s website at the following link: https://losbanos.org/category/city-council/ ________________________________________________________________________ Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk’s office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoría del Ayuntamiento respecto a cualquier artículo en este orden del día será hecho disponible para la inspección pública en la reunión y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Además, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk’s Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * *
Si requiere asistencia especial o asistencia de traducción para atender o participar en esta junta por favor llame 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 ley de Estadounidenses con Discapacidades (ADA) de 1990.
1 Los Banos City Council Agenda – March 18, 2026 Page 2 of 5
1. CALL TO ORDER – March 18, 2026 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
____ Mitzy Perez – District 1 ____ Refugio LLamas – District 2 ____ Marcus Chavez – District 3 ____ Deborah Lewis – District 4 ____ Michael Amabile – Mayor
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Certificate of Recognition – Employee of the Month for February 2026 – Brenda Ceja, Human Resources Technician, Administration Department.
B. Certificate of Recognition – Blanche Jorge for Volunteer Service at the Los Banos Animal Shelter.
C. Proclamation – Government Finance Professionals Week.
6. NEW EMPLOYEE INTRODUCTIONS.
Recommendation: Informational item only, no action to be taken.
7. MERCED COUNTY ENVIRONMENTAL HEALTH PRESENTATION REGARDING UNPERMITTED VENDOR ENFORCEMENT – By Mark Mimms, Director of Community and Economic Development, and Amanda Duran, Deputy Director of the Environmental Health Division.
Recommendation: Informational item only, no action to be taken.
8. LEGISLATIVE UPDATES - by City Attorney Mary Lerner .
Recommendation: Informational item only, no action to be taken.
9. 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.)
10. 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 #256569 – #256828 in the Amount of $1,099,642.61. pgs. 7-12
pgs. 13 pgs. 15 pgs. 17
pgs. 19-24
2 pgs. 1-6
Los Banos City Council Agenda – March 18, 2026 Page 3 of 5 Recommendation: Approve the check register as submitted.
B. City Council Resolution No. 7064 – Authorizing the Release of Unclaimed Checks in the Amount of $30, 070.75, Pursuant to California Government Code Section 50050 and 50053 to the City of Los Banos.
Recommendation: Adopt the resolution as submitted.
C. City Council Resolution No. 7065 – Approving and Authorizing the Mayor to Execute the 2026 Restated Joint Powers Agreement of the Transit Joint Power Authority of Merced County (TJPA).
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 7066 – Approving the Purchase of GETAC Mobile Data Computers in the Amount of $39,004.42 from PCN Strategies for Use in Police Patrol Vehicles.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 7067 – Approving the Revised and Restated Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies.
Recommendation: Adopt the resolution as submitted.
11. 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 Adopting the 2025 Annual Report on the Status of the Housing Element of the General Plan and Progress in Its Implementation and General Plan Status Report. 1) City Council Resolution No. 7068 – Adopting the 2025 Annual Report on the Status of the Housing Element of the General Plan and Progress in Its Implementation and General Plan Status Report.
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
12. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7069 –
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SECOND AMENDMENT WITH IMAGINE WAY MORE LLC FOR MEDIA
CONTENT CAPTURING AND PRODUCTION SERVICES.
Recommendation: Receive staff report and adopt the resolution as submitted.
13. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7070 –
APPROVING A THREE-YEAR MANAGED IT SERVICES AGREEMENT WITH pgs. 25 - 32
pgs. 33 - 84
pgs. 85 - 88 pgs. 89 - 114 pgs. 115 - 134 pgs. 135 - 148 pgs. 149 - 178 3 Los Banos City Council Agenda – March 18, 2026 Page 4 of 5
MID VALLEY IT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
Recommendation: Receive staff report and adopt the resolution as submitted.
14. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7071 –
APPROVING THE COOPERATIVE AGREEMENT FOR LOCAL IMPROVEMENTS
BETWEEN THE STATE OF CALIFORNIA, ACTING THROUGH ITS
DEPARTMENT OF TRANSPORTATION, REFERRED TO AS CALTRANS, AND
THE CITY OF LOS BANOS FOR THE COST OF SAFETY IMPROVEMENTS AT THE INTERSECTION OF SATE ROUTE 152 AND WEST I STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
Recommendation: Receive staff report and adopt the resolutions as submitted.
15. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7072 –
APPROVING A RIGHT OF WAY CONTRACT AND CORRESPONDING
DOCUMENTS BETWEEN THE STATE OF CALIFORNIA, ACTING THROUGH
ITS DEPARTMENT OF TRANSPORTATION, REFERRED TO AS CALTRANS, AND THE CITY OF LOS BANOS FOR PARCEL 18875-1, LOCATED AT 1301
WEST I STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT.
Recommendation: Receive staff report and adopt the resolutions as submitted.
16. 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.
17. CITY ATTORNEY REPORT.
Recommendation: Informational item only, no action to be taken.
18. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
19. CITY COUNCIL MEMBER REPORTS.
pgs. 179 - 188
pgs. 189 - 215
4 Los Banos City Council Agenda – March 18, 2026 Page 5 of 5 A. Deborah Lewis – District 4
B. Mitzy Perez – District 1
C. Refugio LLamas – District 2
D. Marcus Chavez – District 3
E. Michael Amabile – Mayor
20. 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. ______________________________________________________________________________________________________________________________ Vionna Lin, Assistant City Clerk Dated this 13th day of March 2026 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 Certificate of recognition
Presented to
BRENDA CEJA
HR Technician I – Human Resources Department
In recognition of your outstanding performance
and dedicated service to the City of Los Banos and for
being named “Employee of the Month” for February 2026.
Awarded March 18, 2026
________________________
Michael S. Amabile, Mayor
ITEM 5A
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 Certificate of recognition
Presented to
BLANCHE JORGE
In recognition of your dedicated volunteer service at the Los Banos Animal shelter. Your compassion, generosity, and
commitment to the care and well-being of animals has made a meaningful difference in the lives of countless pets, their owners and in our community.
Awarded March 18, 2026
_______________________
Michael S. Amabile, Mayor
ITEM 5B
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 PROCLAMATION RECOGNIZING
national public works week
APPROVED:
_________________________________
ATTEST: Michael S. Amabile, Mayor
_____________________________________
Lucille L. Mallonee, City Clerk
WHEREAS, government finance professionals serve cities, counties, special districts, and joint powers authorities, by ensuring transparency, accountability, and responsible stewardship of public funds; and
WHEREAS, these professionals play a critical role in
managing complex budgets, complying with state and federal laws, maintaining accurate financial reporting in compliance with government accounting standards, administering utility rate processes and enterprise funds; and supporting long-term financial sustainability; and
WHEREAS, California’s financial landscape—shaped by
Proposition 13, Proposition 218, the Gann Appropriations Limit, CalPERS pension obligations, and fluctuating economic conditions— requires expert analysis and sound financial leadership; and WHEREAS, finance professionals work diligently, often
behind the scenes, to provide critical information that enables informed policy decisions and ensures the delivery of essential public services; and
WHEREAS, recognizing Government Finance Professionals
Week during the last week of March helps highlight the dedication, integrity, and professionalism of these essential public servants.
NOW, THEREFORE, BE IT PROCLAIMED, I Michael S.
Amabile, Mayor, and City Council of the City of Los Banos do hereby proclaim the last week of March as Government Finance
Professionals Week and encourages all residents to recognize and appreciate the hard work and contributions of the finance professionals who serve our community.
In witness whereof, I have hereunto set my hand and cause to be affixed the seal of the City of Los Banos, this 18th day of March, 2026.
ITEM 5C
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 520 J St. LOS BANOS, CA 93635
TELEPHONE (209) 827-7044 FAX (209) 827-6223
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Vionna Lin, Assistant City Clerk/Records Coordinator DATE: March 18, 2026
TYPE OF REPORT: Presentation
SUBJECT: New and Promotional Employee Introductions
Police Department
1. Nikolaus Rowell – Maintenance Worker I
Public Works Department
2. Virginia Chavez – Admin Clerk I
3. Jose Duarte – Maintenance Worker I
ITEM 6
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 1
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Ray Reyna, Chief of Police
DATE: March 18, 2026
TYPE OF REPORT: Presentation
SUBJECT: Merced County Environmental Health Presentation regarding Unpermitted Vendor Enforcement
______________________________________________________________________ Recommendation:
This is an informational item only; no action needs to be taken.
Discussion:
The Police Department will be introducing Merced County Employees, Mark Mimms, Director of Community and Economic Development, and Amanda Duran, Deputy Director of the Environmental Health Division. The County of Merced will provide information regarding joint City and County efforts to address unpermitted vendors, unapproved cook/sale from home operations and answer questions regarding the subject matter.
Fiscal Impact:
None.
Reviewed by:
_______________________________
Soknirorn Than, City Manager
ITEM 7
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 1
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Mary Lerner, City Attorney
DATE: March 18, 2026
TYPE OF REPORT: Presentation
SUBJECT: Legislative Updates
______________________________________________________________________ Recommendation:
This is an informational item only; no action needs to be taken.
Discussion:
The City Attorney will provide a presentation on select legislatures that have recently been adopted and became effective in 2026. This is an informational item only and is meant to bring awareness to the City Council and the community.
Fiscal Impact:
None.
Reviewed by:
_______________________________
Soknirorn Than, City Manager
ITEM 8
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 Check Number Payment Date Vendor Payment Amount
256569 02/27/2026 Abbott & Kindermann, Inc. 268.97
256570 02/27/2026 David Anderson 42.64
256571 02/27/2026 Apex Annex Health Center, Inc. 1,020.00 256572 02/27/2026 Jose Alves 50.00
256573 02/27/2026 Miguel Barrera 190.00
256574 02/27/2026 Best Best & Krieger 4,270.40
256575 02/27/2026 Marisol Calderon 280.00
256576 02/27/2026 Amanda Cobos 299.00
256577 02/27/2026 David Darren Cole II 19.00
256578 02/27/2026 Dustin Daguerre 299.00
256579 02/27/2026 Eric Gallichio 785.60
256580 02/27/2026 Girl Scouts 112.00
256581 02/27/2026 Government Staffing Services, Inc. 8,625.00 256582 02/27/2026 Daniela Guilford 299.00
256583 02/27/2026 Phil Jacob 300.00
256584 02/27/2026 KD Medical Group, Inc. 33.00
256585 02/27/2026 Brian Laguna 190.00
256586 02/27/2026 Mary Lerner 166.00
256587 02/27/2026 MIchael Leyva 315.00
256588 02/27/2026 Nossaman, LLP 4,017.00
256589 02/27/2026 Jesus Parras 19.00
256590 02/27/2026 Luvic Rivera 280.00
256591 02/27/2026 State Water Resources Control Board 60.00 256592 02/27/2026 US Bank Corp Pymt System 35,319.78
256594 02/27/2026 AAA Business Supplies 175.97
256595 02/27/2026 Animal Damage Management, Inc. 4,766.00 256598 02/27/2026 APLPD Holdco, Inc. 348.86
256599 02/27/2026 AT&T 2,782.59
256600 02/27/2026 Backflow Apparatus & Valve Co. 4,251.93 256601 02/27/2026 Bear State Electric, Inc. 1,677.69
256602 02/27/2026 Beam Insurance Administrators LLC 25,578.85 256603 02/27/2026 Blueglobes LLC 188.52
256604 02/27/2026 BlueTriton Brands, Inc. 48.47
256605 02/27/2026 Boot Barn 885.71
256606 02/27/2026 Bound Tree Medical LLC 7,146.69
256607 02/27/2026 BSK Associates 4,786.78
256608 02/27/2026 Cen-Cal Air 1,625.02
256609 02/27/2026 Cintas Corporation No.2 604.82
256610 02/27/2026 Comcast 430.01
256611 02/27/2026 CSG Consultants Inc. 474.00
256612 02/27/2026 Lamar A. Cummings 624.48
256613 02/27/2026 Dos Palos Publishing Company 60.00
256614 02/27/2026 Federal Express Corporation 8.49
256615 02/27/2026 Ferrellgas, Inc. 264.83
256616 02/27/2026 Fresno City College 2,475.00
256617 02/27/2026 Fun Express LLC 3,040.10
256618 02/27/2026 Garton Tractor Inc 9,983.06
CK # 256569 - 256828 03/18/26 $1,099,642.61
ITEM 10A
19 256619 02/27/2026 Gouveia Engineering Inc. 17,769.79 256620 02/27/2026 Grainger Parts Operations 916.73
256621 02/27/2026 Halcyon Creek Inc. 321.10
256622 02/27/2026 J & J Exclusive Auto Body Inc. 2,800.00 256623 02/27/2026 Kully Supply, Inc. 715.20
256624 02/27/2026 Lawson Products, Inc. 246.78
256625 02/27/2026 Tires to you Inc 4,259.71
256626 02/27/2026 Marfab Inc 135.35
256627 02/27/2026 Mosca Design 3,598.55
256628 02/27/2026 NEC Corporation of America 4,076.74
256629 02/27/2026 O'Dell Engineering 1,487.50
256630 02/27/2026 O'Reilly Auto Parts 21.74
256631 02/27/2026 Pacific Landscape Supply, Inc. 7,925.97 256632 02/27/2026 P F Pettibone & Co 628.95
256633 02/27/2026 Pitney Bowes Inc 199.35
256634 02/27/2026 PlaceWorks, Inc. 2,904.98
256635 02/27/2026 Precision Civil Engineering, Inc 900.00 256636 02/27/2026 Provost and Pritchard Engineering, Inc. 4,169.90 256637 02/27/2026 Purchase Power Inc 10.83
256638 02/27/2026 Polvera Drywall of Riverside Corporation 85.00 256639 02/27/2026 Razzari Dodge Chrysler Jeep 6.67
256640 02/27/2026 Reliance Standard Life Insurance Company 6,362.69 256642 02/27/2026 Safe T Lite of Modesto, Inc. 369.97
256643 02/27/2026 Sherwin Williams Co 134.64
256644 02/27/2026 Robert & Susan Hansen 1,500.75
256645 02/27/2026 Hector Silva 2,500.00
256646 02/27/2026 Sorensens True Value 651.92
256648 02/27/2026 Technicon Engineering Services, Inc. 2,355.50 256649 02/27/2026 Terminix Processing Center 66.00
256650 02/27/2026 CalMat Co. 199.05
256651 02/27/2026 United Site Services, Inc. 2,280.42
256652 02/27/2026 Vanir Construction Management, Inc. 5,490.00 256653 02/27/2026 Vestis Group, Inc. 59.78
256654 02/27/2026 Vestis 843.19
256655 02/27/2026 Verizon Wireless 2,608.81
256656 02/27/2026 Westwood Professional Services, Inc. 6,890.50 256657 02/27/2026 Windecker Inc 10,482.67
256658 02/27/2026 Young's Air Conditioning 419.00
256665 03/06/2026 Aflac-Customer Service 215.93
256666 03/06/2026 AFSCME District Council 57 2,115.03
256667 03/06/2026 Empower Annuity Ins. Co of America 1,929.47 256668 03/06/2026 Empower Annuity Ins. Co of America 2,792.00 256669 03/06/2026 Franchise Tax Board 12.81
256670 03/06/2026 Los Banos Police Assn 945.00
256671 03/06/2026 Los Banos Police Assn. 315.00
256672 03/06/2026 MissionSquare 1,708.53
256673 03/06/2026 MissionSquare 11,475.00
256674 03/06/2026 Nationwide Retirement Solutions 5,688.16 256675 03/06/2026 Professional Fire Fighter of Los Banos Local 4703 735.16 256676 03/06/2026 State Disbursement Unit 1,471.00
256677 03/06/2026 Michael Amabile 86.31
256678 03/06/2026 Apex Annex Health Center, Inc. 180.00 256679 03/06/2026 Sara Blevins 367.50
256680 03/06/2026 John Butler 195.00
20 256681 03/06/2026 City of Los Banos Utility 6,789.77 256682 03/06/2026 Elk Grove Auto Group, Inc. 314,005.00 256683 03/06/2026 Liebert Cassidy Whitmore 1,160.00
256684 03/06/2026 Raymond Lopez 552.50
256685 03/06/2026 Elizabeth Martinez 59.04
256686 03/06/2026 Gabriela Acosta Mendoza 300.00
256687 03/06/2026 Merced County Elections Department 44,225.50 256688 03/06/2026 Merced County Recorders 3,093.75
256689 03/06/2026 Nossaman, LLP 15,030.72
256690 03/06/2026 Gerald "Obie" O'Brien 77.14
256691 03/06/2026 PG&E Company 13,799.33
256692 03/06/2026 Kevin Spencer 279.50
256693 03/06/2026 All Seasons North Roofing & Waterproofing, Inc. 500.00 256694 03/06/2026 Angel Armor, LLC 4,993.35
256695 03/06/2026 Animal Damage Management, Inc. 85.00
256696 03/06/2026 AT&T Mobility 6,057.27
256697 03/06/2026 AT&T 484.84
256698 03/06/2026 Veronica Aldama 350.00
256699 03/06/2026 Cindy Ayala 40.00
256700 03/06/2026 Rodrigo Ayala 40.00
256701 03/06/2026 Boot Barn 195.70
256702 03/06/2026 Bound Tree Medical LLC 7,917.31
256703 03/06/2026 Ca Dept of Justice Cashiering Unit 914.00 256704 03/06/2026 Cascade Fire Equipment Company 1,588.38 256705 03/06/2026 City of Fresno 576.00
256706 03/06/2026 City Signs 115.00
256707 03/06/2026 Central Sanitary Supply, LLC 435.36
256708 03/06/2026 Coffee Break Service Inc. 411.31
256709 03/06/2026 Comcast 146.60
256710 03/06/2026 Lamar A. Cummings 1,098.46
256711 03/06/2026 Jossie Caceres 40.00
256712 03/06/2026 Ana Campos 40.00
256713 03/06/2026 Elizabeth Canizalez 40.00
256714 03/06/2026 Haydee Cervantez 40.00
256715 03/06/2026 Edith Cheek 40.00
256716 03/06/2026 Patricia Contreras 80.00
256717 03/06/2026 Yulissa Cruz-Contreras 40.00
256718 03/06/2026 Anthony Cortez 40.00
256719 03/06/2026 Lizbeth Cortez 40.00
256720 03/06/2026 Jeannine Costa 40.00
256721 03/06/2026 Linda Cuevas 600.00
256722 03/06/2026 Elena Durand 80.00
256723 03/06/2026 Charles Edler 80.00
256724 03/06/2026 Kathleen Escalante 40.00
256725 03/06/2026 Fehr & Peers 5,908.75
256726 03/06/2026 Food 4 Less 298.98
256727 03/06/2026 Frontline General Engineering Construction Inc 32,912.07 256728 03/06/2026 Fun Express LLC 96.84
256729 03/06/2026 Ana Figueroa 40.00
256730 03/06/2026 Melissa Flores 40.00
256731 03/06/2026 Crystal Frausto 550.00
256732 03/06/2026 Litzy Lopez Frutis 40.00
256733 03/06/2026 Government Revenue Solutions Holdings I, LLC 320.82 256734 03/06/2026 Gouveia Engineering Inc. 13,792.80
21 256735 03/06/2026 Emily Garcia 40.00
256736 03/06/2026 Rocio Garcia 40.00
256737 03/06/2026 Sandra Garcia 40.00
256738 03/06/2026 Sharon Garay 40.00
256739 03/06/2026 Kassy Gil 40.00
256740 03/06/2026 Eduardo Gonzalez 40.00
256741 03/06/2026 Jessa Gonzalez 40.00
256742 03/06/2026 Catherine Guerrero 40.00
256743 03/06/2026 Patricia Guerra 40.00
256744 03/06/2026 Marie Guth 40.00
256745 03/06/2026 Halcyon Creek Inc. 1,207.40
256746 03/06/2026 Harshwal & Company, LLP 33,750.00
256747 03/06/2026 Hoffman Electronic Systems 151.95
256748 03/06/2026 Holt of California 167.06
256749 03/06/2026 Austin Hamilton 40.00
256750 03/06/2026 Madelyn Hammersley 350.00
256751 03/06/2026 Angelina Inguanzo 40.00
256752 03/06/2026 Kone Inc. 948.15
256753 03/06/2026 Arielle Kendall 40.00
256754 03/06/2026 Lawson Products, Inc. 43.31
256755 03/06/2026 Diana Loeza 40.00
256756 03/06/2026 Whitney Loretto 40.00
256757 03/06/2026 Melissa Luna 40.00
256758 03/06/2026 Mark Thomas & Company. Inc. 6,414.35
256759 03/06/2026 Tires to you Inc 100.86
256760 03/06/2026 Marfab Inc 80.00
256761 03/06/2026 Matson Alarm Co Inc 215.00
256762 03/06/2026 Max's Mobile Truck Repair 765.00
256763 03/06/2026 Merced Chevrolet Inc. 284.98
256764 03/06/2026 Adriana Martinez 40.00
256765 03/06/2026 Samuel Marin 120.00
256766 03/06/2026 Sandra McCarter 40.00
256767 03/06/2026 Isabel Medina 40.00
256768 03/06/2026 Jacob Melendez 80.00
256769 03/06/2026 Memorial Hospital Los Banos 500.00
256770 03/06/2026 Taylor Meza 40.00
256771 03/06/2026 Fatima Molina 200.00
256772 03/06/2026 Jimena Molina 40.00
256773 03/06/2026 Christian Montejano 40.00
256774 03/06/2026 Gloria Munoz 40.00
256775 03/06/2026 Maritza Munoz 80.00
256776 03/06/2026 Franklin Navarro 40.00
256777 03/06/2026 OSE 128.31
256778 03/06/2026 David Oliveira 40.00
256779 03/06/2026 O'Reilly Auto Parts 4,870.72
256780 03/06/2026 PG&E Company 80.74
256781 03/06/2026 Phoenix Group Information Systems 2,676.34 256782 03/06/2026 Price Paige and Company CPA's LLP 4,025.00 256783 03/06/2026 Purchase Power Inc 3,245.94
256784 03/06/2026 Protech Security & Electronics, Inc. 432.00 256785 03/06/2026 Christine Paszkiewicz 100.00
256786 03/06/2026 Griselda Paz 40.00
256787 03/06/2026 Quality Logo Products, Inc. 2,275.82
256788 03/06/2026 Razzari Ford 190.35
22 256789 03/06/2026 Crystal Ramos 80.00
256790 03/06/2026 Jennifer Reyes 80.00
256791 03/06/2026 Evelyn Rivera 40.00
256792 03/06/2026 Rodolfo Romo 40.00
256793 03/06/2026 Crystal Ruiz 40.00
256794 03/06/2026 Maria Ruiz 40.00
256795 03/06/2026 Safe T Lite of Modesto, Inc. 4,639.32 256796 03/06/2026 Save Mart Supermarkets 281.53
256797 03/06/2026 Sherwin Williams Co 548.59
256798 03/06/2026 Robert & Susan Hansen 52.20
256799 03/06/2026 SIJ Holdings, Inc 380.62
256800 03/06/2026 Sorensens True Value 2,238.94
256803 03/06/2026 Stanislaus County Sheriff 1,350.00
256804 03/06/2026 Swinerton Builders 85,025.00
256805 03/06/2026 Anthony Sanchez 40.00
256806 03/06/2026 Janet Serrano 40.00
256807 03/06/2026 San Luis & Delta Mendota Water Authority 650.00 256808 03/06/2026 Daniel Souza 80.00
256809 03/06/2026 Rhonda Stapleton 80.00
256810 03/06/2026 T-Mobile USA Inc. 522.78
256811 03/06/2026 Taylor Backhoe Service, Inc. 15,144.18 256812 03/06/2026 Technicon Engineering Services, Inc. 14,753.00 256813 03/06/2026 The Don Chapin Co., Inc. 830.97
256814 03/06/2026 The Heil CO 238.00
256815 03/06/2026 Thirkettle Corporation 120,397.35
256816 03/06/2026 Yesenia Tapia 40.00
256817 03/06/2026 Trisha Tevis 40.00
256818 03/06/2026 United Site Services, Inc. 133.25
256819 03/06/2026 Vanir Construction Management, Inc. 1,600.00 256820 03/06/2026 Vestis Group, Inc. 42.08
256821 03/06/2026 Vestis 307.68
256822 03/06/2026 Verizon Wireless 208.96
256823 03/06/2026 West Publishing Corporation 1,040.19
256824 03/06/2026 Westwood Professional Services, Inc. 18,428.25 256825 03/06/2026 Windecker Inc 25,039.25
256826 03/06/2026 Wintergreen Corporation 3,870.21
256827 03/06/2026 Danielle Washington 40.00
256828 03/06/2026 Ana White 40.00
Break in check sequence due to the following: Payment Type Check #256593 (Manual Void) Regular Checks 247 1,099,642.61 Check #256596 - #256597 (Manual Void) Manual Voids 7
Check #256641 (Manual Void) Voided Checks 0
Check #256647 (Manual Void) 1,099,642.61
Check #256659 - #256663 (Utility Billing)
Check #256664 (Payroll)
Check #256801 - #256802 (Manual Void)
Check #256829 - #256853 (Utility Billing)
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 Agenda Staff Report
TO: Mayor & City Council Members
FROM: Rosemarie Souto, Accountant II
DATE: March 18, 2026
SUBJECT: Authorizing the Release of Unclaimed Checks Pursuant to California Government Code Section 50050 and 50053 to the City of Los Banos TYPE OF REPORT: Consent Agenda
______________________________________________________________________ Recommendation:
That the City Council authorizes the release of attached unclaimed checks to the City of Los Banos.
Background:
Section 50053 of the California Government Code allows for unclaimed checks held over three (3) years to become the property of the local agency after notice if not claimed or if no verified complaint is filed and served.
Section 50050 of the California Government Code outlines the notification process of the unclaimed checks, and section 50052 describes the claiming process by a party of interest.
Staff has reviewed all outstanding checks and has determined that the attached list meets this criteria.
Per section 50050 public notice was posted in The Westside Express on January 14, 2026 & January 21, 2026. In the forty-five (45) Days given for claiming $33,751.34 in ITEM 10B
25 unclaimed checks, we received claim forms for eleven (11) checks. Of the eleven (11) claims, eight (8) checks were reissued in the amount of $3,680.59.
Fiscal Impact:
This will increase the Funds upon which the original checks were drawn, in the amount of $30,070.75.
Reviewed by:
_________________________ ____________________________
Minerva Moreno, Finance Director Soknirorn Than, City Manager Attachments:
Resolution
List of Unclaimed Checks
26 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
RELEASE OF UNCLAIMED CHECKS PURSUANT
TO CALIFORNIA GOVERNMENT CODE
SECTION 50050 AND 50053 TO THE CITY OF
LOS BANOS
WHEREAS, Section 50053 of the California Government Code allows for unclaimed checks held over three (3) years to become the property of the local agency after notice and if not claimed or if no verified complaint is filed and served; and WHEREAS, Section 50050 of the California Government Code outlines the process for the notification process of the unclaimed checks, and section 50052 describes the claiming process by a party of interest; and WHEREAS, Staff has reviewed all outstanding checks and has determined that the attached list meets this criteria.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby transfer the unclaimed checks on the attached list in the total amount of $30,070.75 to the City of Los Banos Funds upon which the original checks were drawn in accordance with Section 50053 of the California Government Code.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18 day of March 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
27 Unclaimed Checks To Be Released To The City Of Los Banos Check Date Check
Number
Fund Amount Payee
10/23/2006 N/A 501 1,000.00 Boewn Engineering
11/9/2006 N/A 501 1,000.00 Boewn Engineering
4/16/2008 N/A 100 50.00 Monica Anderson
5/27/2008 N/A 100 50.00 La Clase De Trafico
08/25/2022 2299 656 145.65 Guadalupe Flores
11/22/2022 2306 656 145.65 Guadalupe Flores
12/14/2018 214052 501 19.26 David Hernandez
12/21/2018 214222 501 259.22 LB Clothing Co
12/21/2018 214245 501 86.51 Alaska Gilroy Inc.
01/07/2019 214372 501 100.00 Megan Goin
02/08/2019 214910 501 27.90 Stephanie Perez
03/15/2019 215419 501 36.57 Breckenridge Property Fund 2016 LLC 04/19/2019 215915 501 65.39 Efrain Gonzalez
04/26/2019 216002 501 22.14 Gloria Hedrick
05/10/2019 216279 501 53.87 Oscar Viorato
05/24/2019 216424 100 40.43 Bright Ideas Mechanical
06/28/2019 216982 501 65.39 Jesus Martinez Reyes
06/28/2019 216984 501 24.63 Sean McCain
07/26/2019 217359 100 250.00 Diane Osorio
07/26/2019 217365 100 2,525.00 Renee Bush Veritext LLC
08/02/2019 217484 501 100.00 Atilana Pineda
09/13/2019 218176 501 53.52 Kristina Fearnside
09/27/2019 218394 501 19.42 Isabel Ramirez
10/04/2019 218482 100 250.00 Renee Bush Veritext LLC
10/11/2019 218586 100 600.00 Renee Bush Veritext LLC
10/18/2019 218705 100 600.00 Renee Bush Veritext LLC
11/01/2019 218911 100 250.00 Renee Bush Veritext LLC
11/15/2019 219113 501 22.39 Adrian Nunez Hermosillo
11/15/2019 219118 501 73.13 Hannah Dybas
11/22/2019 219270 100 350.00 Maria Gonzalez
11/22/2019 219314 501 33.91 Pacific Credit Service
11/27/2019 219405 501 45.21 Beatriz Barraza
12/06/2019 219517 501 49.26 Corina Lopez
12/06/2019 219547 501 91.04 Sandra Nunez
12/06/2019 219561 100 350.00 Christina Ybarra
12/13/2019 219650 501 16.43 Alejandro Lugo Perez
02/07/2020 220473 501 27.56 Di Nguyen
02/07/2020 220490 501 49.78 Edgar and Karla Santillan
02/07/2020 220528 501 56.73 Aldina Real Estate, Inc.
02/07/2020 220534 501 25.39 Michael Yanko
02/28/2020 220795 501 46.28 Tai Tran
02/28/2020 220796 501 46.28 Nicolas Roselli
03/13/2020 221011 501 29.85 Deborah Furnish-Reyes
03/13/2020 221012 501 16.43 Jesus Rodriguez
04/17/2020 221448 100 120.00 Stefania Equia
04/24/2020 221742 100 1,300.00 Memorial Hospital Los Banos 04/24/2020 221836 100 105.00 Adriana Servin
04/24/2020 221838 100 30.00 Angelique Silva
05/08/2020 222228 501 20.92 Aldina Real Estate, Inc.
05/29/2020 222464 501 161.20 Aldina Real Estate, Inc.
06/12/2020 222663 501 65.69 Robert Esquivel Sr.
07/10/2020 223051 501 73.38 Licett Castaneda
09/04/2020 223771 100 65.00 Neri Insurance Agency Inc.
09/25/2020 224045 501 72.76 Aldina Real Estate, Inc.
10/23/2020 224406 501 67.27 Elizabeth Arriaga
28 11/06/2020 224612 502 30.49 James Kao
12/23/2020 225207 501 74.07 Maricela Ornelas Aguirre
01/08/2021 225260 100 188.75 Card Integrators Corporation 01/22/2021 225476 501 53.92 Arlis Magana Garcia
02/05/2021 225643 501 48.32 Alvaro Guzman
02/11/2021 225761 501 17.07 Daniel Hoskins
02/19/2021 225846 501 57.00 Casandra Fernandez
02/26/2021 225913 501 114.00 Caesar Cuevas
03/05/2021 226006 501 92.14 Ada Dobbins
03/05/2021 226041 501 17.94 Beatrice Pereda
03/19/2021 226287 501 106.67 Ramona Giuliani
03/19/2021 226288 501 56.44 Paula Molina
03/26/2021 226381 501 58.72 Bonifacio Garcia Sumano
03/26/2021 226386 501 29.36 Gloria Berber
04/23/2021 226724 501 175.42 Ana Orellana
05/14/2021 226985 501 26.29 Erika & Austin Heredia
05/21/2021 227115 502 30.49 Dwight Cornwell
05/21/2021 227163 501 38.58 Javier Cortez
06/10/2021 227442 501 160.07 Jose Pedraza Juarez
06/25/2021 227622 501 169.28 Kiana Hutchison
06/25/2021 227624 501 135.50 Abraham Hernandez Ramirez
06/25/2021 227630 501 38.58 Jasmin & Adolfo Canela
06/25/2021 227643 501 112.27 Monique Gabriel
06/25/2021 227647 501 22.63 RBG Construction
06/25/2021 227654 501 92.14 Evelyn Erreca
06/25/2021 227659 501 145.95 Lillia del Pilar Mendoza
07/02/2021 227818 501 193.11 Ming-Guang Yeh
07/09/2021 227905 100 985.83 Todd Real Estate Solutions 07/23/2021 228201 501 47.79 Ciklali Moreno-Alcaraz
08/06/2021 228388 501 100.00 Stan and Ana Terrell
08/16/2021 228553 501 53.97 Jose Ramirez
08/16/2021 228555 501 98.34 Julio Vega Jr
08/16/2021 228577 501 96.83 Matthew Bustamante
08/16/2021 228581 501 120.76 Maria Salinas
09/10/2021 228916 501 27.70 Stefany Lara Carrillo
09/24/2021 229108 501 36.60 Brenda Morales-Diaz
10/08/2021 229298 501 29.23 Simply Unique
10/08/2021 229300 501 95.09 Myrtle Wilson
10/08/2021 229378 501 79.55 Michael Avila
10/22/2021 229528 501 33.44 Laura Gonzalez Montano
11/05/2021 229646 100 36.00 Brock DeWitt
11/05/2021 229702 501 100.00 Walter Ortiz
11/05/2021 229729 501 71.09 Thomas Fregoso
11/05/2021 229759 501 19.33 Marvin Hernandez Aceituno
11/12/2021 229915 501 54.21 Christian Ibarra
11/24/2021 230096 501 82.72 Oscar Crisostomo
11/24/2021 230099 501 158.80 Ines Monteiro
12/10/2021 230266 501 22.49 Silvia Barrera Bejar
12/10/2021 230267 501 22.49 Marilen Garcia-vega
12/23/2021 230433 100 250.00 Ducks Unlimited
12/23/2021 230470 501 34.82 Toshia & Lauren Kham
12/23/2021 230475 501 20.76 Eder Ramirez Gomez
01/14/2022 230699 501 200.00 Redwood Holdings LLC
01/14/2022 230715 501 74.64 Michael Sandoval
01/28/2022 230868 501 38.75 Court of Fountains, LLC
02/04/2022 230985 501 17.50 Rick Brabo
02/04/2022 230999 501 36.58 Raul and Maria Del Rocio Alcaraz Aguilar 02/04/2022 231021 501 100.00 Jose Segura
02/04/2022 231042 501 28.57 Ignacio Avila Fernandez
29 02/04/2022 231050 501 104.91 Sallie Nagatsuyu
02/10/2022 231125 501 76.88 Dominic Ingram
02/18/2022 231220 501 127.10 Diane Archuleta
03/11/2022 231503 501 36.60 Michael Rouch
03/11/2022 231525 501 165.14 TRS OP's LLC
03/14/2022 231537 501 31.67 Gerald Abreu, Sr
03/14/2022 231539 510 31.67 Jaime Acosta
03/14/2022 231550 510 31.67 Patricia Bautista
03/14/2022 231551 510 31.67 Stephanie and Sean Bayard
03/14/2022 231574 501/510 259.10 Michael Caropeso
03/14/2022 231597 510 31.67 Ma Neri Cruz-Barragan
03/14/2022 231617 510 31.67 Xicotencatli Diaz
03/14/2022 231618 510 31.67 Alice Erratchu
03/14/2022 231625 510 31.67 Pilar Ferreira
03/14/2022 231629 510 31.67 Silvia Gonzalez Lizola
03/14/2022 231630 510 31.67 Laura Gonzalez Montano
03/14/2022 231637 510 31.67 Abraham Hernandez Ramirez
03/14/2022 231641 510 31.67 Jeanette Iniguez
03/14/2022 231644 510 31.67 Ana Jaime
03/14/2022 231646 510 180.68 Jesus Mexican Restaurant
03/14/2022 231649 510 31.67 Arturo Jimenez, Jr.
03/14/2022 231652 510 31.67 Marvin Jones
03/14/2022 231659 510 31.67 Lucille Latronica
03/14/2022 231675 510 113.98 Mansoury LLC
03/14/2022 231728 510 31.67 Sybil Panchal
03/14/2022 231736 510 31.67 Doug Price
03/14/2022 231742 510 31.67 Ortense Reyes
03/14/2022 231750 510 31.67 Jennie Rodriquez
03/14/2022 231751 510 31.67 Tony Roman Sr.
03/14/2022 231754 510 31.67 Jason Sabala
03/14/2022 231764 510 31.67 Fernando Silva
03/14/2022 231765 510 44.57 Simply Unique
03/14/2022 231769 510 31.67 Tyler Sorensen
03/14/2022 231780 510 51.91 Maria Tostado
03/14/2022 231782 510 20.18 Cuong Tran
03/14/2022 231797 510 31.67 Christian Valdivia
03/14/2022 231798 510 31.67 Ramon Valencia
03/14/2022 231804 510 31.67 Antonio & Maria Venegas
03/14/2022 231810 510 31.67 Darryl Williams
03/14/2022 231813 510 31.67 Kasondra Young
03/14/2022 231814 510 31.67 Alan Zeisbrich
03/25/2022 231995 501 47.86 Angelina Mendoza
04/15/2022 232258 510 31.67 Daniel & Catherine Hardy
04/15/2022 232269 501/510 83.86 Miguel Pena
04/15/2022 232285 510 31.67 Emmanuel & Sarina Sanchez
04/15/2022 232290 501/510 51.63 Anselmo & Maria Correia 04/15/2022 232295 510 31.67 Barney & Liwayway Balay
04/15/2022 232302 510 31.67 Dorothy Brown
04/15/2022 232306 510 31.67 David Karl
04/15/2022 232307 510 31.67 Irineo Aguirre
04/15/2022 232319 501 104.91 Sean Bielejec
04/15/2022 232344 501 98.57 Saly Lu
04/15/2022 232352 501 82.72 Mathew Aloor
04/22/2022 232455 501 70.00 Juan Santos
04/22/2022 232463 501 200.00 Rocio Alonso
05/06/2022 232648 501 104.91 Kevin Rossi
05/06/2022 232689 501 113.12 Cathy Lam
05/13/2022 232785 501 69.31 Yatzari Fregoso
05/20/2022 232809 100 1,800.00 Richard A Blak Phd
30 05/20/2022 232876 501 44.69 Angel Cordova
05/27/2022 232979 501 100.00 Alejandro Zambrano Arreola 06/03/2022 233013 501 16.13 Gricelda Gonzalez
06/03/2022 233015 501 31.67 Jacqueline and Robert Mang
06/03/2022 233033 501 19.96 Iglesia de Jesuscristo- Palabra Miel 06/03/2022 233042 501 63.42 Power Nutrition
06/03/2022 233044 510 31.67 Robin Steinberg
06/03/2022 233048 510 31.67 Eustacio Caballero
06/03/2022 233049 510 31.67 Miguel Alvarez
06/03/2022 233050 501/510 49.93 Ignacio Frias Hidalgo
06/03/2022 233055 510 31.67 Maria Quintero
06/03/2022 233061 510 31.67 William Amidon
06/03/2022 233063 510 31.67 Michelle Downs
06/03/2022 233065 501 31.67 Nirmal Kaur
06/03/2022 233092 510 31.67 Omar Alburati
06/03/2022 233095 510 31.67 Margaret Warner
06/03/2022 233096 501 21.10 Dominic Carlucci
06/03/2022 233097 510 31.67 Nelson Bejar
06/03/2022 233105 510 31.67 Shiela Gonzales
06/03/2022 233109 501 53.24 Fernando Cabrales
06/03/2022 233111 501 19.96 Ronald Easley
06/03/2022 233115 501 143.67 Michelle & Joshua Hatton
06/03/2022 233120 510 31.67 Erik Montano
06/03/2022 233122 510 31.67 Rogelio Moreno
06/03/2022 233123 510 31.67 Mi Kyoung & Richard Duran
06/03/2022 233124 510 31.67 Gerardo Garcia
06/03/2022 233125 501/510 75.00 Nguyet Bich Nguyen Langtry 06/03/2022 233128 501/510 97.44 Gabrielle Capaz
06/03/2022 233133 501/510 19.74 Ashley Boyer
06/03/2022 233135 510 31.67 Eliezer Amaya Moran
06/03/2022 233139 501/510 56.94 Stefany Lara Carrillo
06/03/2022 233142 510 31.67 Marcus & Ryecobie Gordon
06/03/2022 233143 510 51.91 Marilen Garcia-vega
06/03/2022 233146 501/510 53.91 Kiana Hutchison
06/03/2022 233151 510 31.67 Marvin Hernandez Aceituno
06/03/2022 233154 510 31.67 Ramon Rocha Mendez
06/03/2022 233156 501/510 71.60 Maria Salinas
06/03/2022 233161 510 31.67 Cera Harrold
06/03/2022 233162 510 31.67 Lourdes Hernandez
06/03/2022 233168 510 31.67 Jose Pedraza Juarez
06/03/2022 233174 501/510 172.40 Casey Shull
06/03/2022 233175 510 31.67 Oscar Crisostomo
06/03/2022 233179 501/510 56.56 Mayela Vargas Salgado
06/03/2022 233186 510 19.53 Sarah San Nicolas
06/03/2022 233197 501 19.96 Laura Cuevas
06/03/2022 233229 501 31.67 Israel Guzman
06/03/2022 233233 501 60.86 Brenda Carrillo
06/03/2022 233243 501 88.75 Rodrigo Gonzalez
06/10/2022 233384 501 161.68 D.R. Horton
06/10/2022 233388 501 156.32 D.R. Horton
06/10/2022 233389 501 114.42 Todd Michael
06/10/2022 233394 501 145.15 D.R. Horton
06/10/2022 233396 501 160.15 D.R. Horton
06/10/2022 233400 501 140.55 D.R. Horton
06/10/2022 233407 501 148.22 D.R. Horton
06/10/2022 233408 501 48.70 Roque De Jesus Molina
06/10/2022 233412 501 150.51 D.R. Horton
06/10/2022 233413 501 163.22 D.R. Horton
06/10/2022 233414 501 47.86 Christina Sarinana
31 06/10/2022 233437 501 155.61 Pritam Grewal
06/10/2022 233438 501 154.79 D.R. Horton
06/10/2022 233441 501 163.98 D.R. Horton
06/10/2022 233442 501 163.98 D.R. Horton
06/21/2022 233523 501 100.00 Richard Luna
06/21/2022 233532 501 79.55 Antonio Gutierrez
06/24/2022 233787 100 26.92 Gilbert Sanchez
06/24/2022 233802 501 17.58 Briselda Lopez
06/24/2022 233809 501 25.67 Omar Salazar
07/01/2022 233722 100 548.06 Jennifer Carrera Perez
07/08/2022 234085 100 50.00 Merced County Clerk
07/22/2022 234206 238 414.00 Laboratory Corporation of America Holdings 07/22/2022 234234 501 30.27 Pedro Ponce
08/05/2022 234457 501 365.27 Pritam Grewal
08/16/2022 234614 501 100.00 Jesus Delgado
08/16/2022 234636 501 100.00 Brian Hinojosa Camacho
08/16/2022 234666 200 200.00 Laura Parman
08/23/2022 234792 501 24.07 Dale Loyola
08/23/2022 234800 501 18.08 Cathy Lam
09/09/2022 235074 501 144.39 Maria De La Torre
09/16/2022 235156 501 26.63 Monica Monroy-Almanza
09/23/2022 235269 501 61.96 Roberto Espinoza-Hernandez
10/07/2022 235499 501 100.00 Laureano and Yazmin Vargas Lopez 10/07/2022 235511 501 101.87 Jason Welch
10/07/2022 235537 501 101.87 Yanet Loeza Vinalay
10/07/2022 235540 501 101.87 Khrystyna Parreira
10/21/2022 235693 501 36.45 Houston Power
10/21/2022 235725 501 114.95 Klorissa Lujan
11/04/2022 235893 501 67.25 Sabrina Melendrez Alvarado
11/04/2022 235896 501 62.62 Blanca Vazquez Nunez
11/04/2022 235898 501 16.82 Bianca Azure
11/10/2022 236008 501 56.07 Justin Driskill
11/10/2022 236026 501 215.00 Guadalupe Moreno
12/02/2022 236503 501 101.87 Stephanie Kotel
12/02/2022 236504 501 17.69 Samuel Estrada
12/09/2022 236618 501/510 452.38 Lags Spine & Sportscare Medical Center 12/16/2022 236669 100 89.42 Ingraham Trophies
Minerva Moreno
Finance Director
32 Agenda Staff Report
TO: Mayor Michael Amabile and City Council Members
FROM: Nirorn Than, City Manager
DATE: March 18, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Approve Resolution Adopting and Authorizing the Mayor to Execute the 2026 Restated Joint Powers Agreement of the Transit Joint Powers Authority for Merced County (TJPA)
______________________________________________________________________ Recommendation:
That the City Council adopt the resolution approving and authorizing the Mayor to execute the 2026 Restated Joint Powers Agreement of the Transit Joint Powers Authority for Merced County (TJPA).
Background:
The Transit Joint Powers Authority for Merced County (TJPA) was established in 1995 to coordinate and administer regional public transit services among jurisdictions in Merced County. The most recent consolidated JPA was adopted in 2013. The Merced County Association of Governments (MCAG) has coordinated a multi-agency review to modernize and restate the TJPA agreement so that each member agency can consider and execute an updated document. The 2026 Restated JPA consolidates the 1995 agreement and subsequent amendments into a single, comprehensive instrument for clarity and consistency with the recently updated MCAG JPA framework.
Discussion:
ITEM 10C
33 The 2026 Restated JPA modernizes governance and administrative provisions while reaffirming the shared authority of the County of Merced and the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced to plan, finance, administer, and operate countywide public transit services, including participation in state and federal programs and receipt of related funding. Key elements include:
• Continuation of the TJPA as an independent public entity, with assets, liabilities, and obligations belonging solely to the TJPA.
• Governance and Representation: Confirmed representation from each city and the five County Supervisors; officer roles and rotation; and administrative support provided through MCAG.
• Powers and Authorities: Ability to contract, acquire or dispose of property, administer transit programs, issue revenue bonds, and accept state and federal funds.
• Financial Administration: Budgeting, auditing, treasury functions, and indemnification provisions are clarified and aligned with current practice. • Withdrawal/Termination: Updated procedures requiring satisfaction of liabilities prior to withdrawal and unanimous consent for termination.
Importantly, the Restated JPA does not alter the City’s representation on the TJPA Board and does not impose new financial obligations beyond those associated with ongoing participation in regional transit operations. Adoption ensures compliance with state law governing JPAs and maintains Los Banos’ role in regional transit governance.
Fiscal Impact:
There is no fiscal impact associated with adopting the 2026 Restated JPA. The agreement maintains the TJPA’s existing financial structure and does not create new funding obligations for member agencies. Continued participation supports countywide transit service delivery and eligibility for state and federal transit funding.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. 2026 Restated JPA (redlined)
3. 2013 Restated JPA
34 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS APPROVINGAND AUTHORIZING THE
MAYOR TO EXECUTE THE 2026 RESTATED JOINT
POWERS AGREEMENT OF THE TRANSIT JOINT
POWER AUTHORITY OF MERCED COUNTY (TJPA)
WHEREAS, the Transit Joint Powers Authority for Merced County (TJPA) was originally established in 1995 to coordinate and administer regional public transit services across Merced County jurisdictions; and WHEREAS, the most recent version of the TJPA Joint Powers Agreement (JPA), adopted in 2013, has expired and requires an updated agreement to be executed by each member agency; and
WHEREAS, the proposed 2026 Restated Joint Powers Agreement modernizes and clarifies the governance, powers, and administrative structure of the TJPA; and
WHEREAS, the agreement reaffirms the shared authority of the County and the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced to jointly plan, finance, administer, and operate public transit services within the countywide service area; and
WHEREAS, the updated agreement does not alter the City's representation on the TJPA Board, nor does it impose new financial obligations beyond those already associated with participation in regional transit operations; and
WHEREAS, approval of the Restated JPA ensures continued compliance with state law governing joint powers authorities and maintains the City's role in regional transit governance; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve and authorize the Mayor to execute the 2026 Restated Joint Powers Agreement of the Transit Joint Power Authority of Merced County.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March, 2026, by Council Member __________ who moved its adoption, which motion was duly seconded 35 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
36 RESTATED JOINT POWERS AGREEMENT OF THE
MERCED COUNTY ASSOCIATION OF
GOVERNMENTSTRANSIT JOINT POWERS AUTHORITY FOR
MERCED COUNTY [MCAGTJPA]
Effective Date July 19___________, 202643
This Restated Joint Powers Agreement is entered into by and among those undersigned of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced, all municipal corporations and the County of Merced, a political subdivision of the State of California.
RECITALS
1. Common Power. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them.
2. Common Authority. The City of Merced, by virtue of its charter, and the Cities of Los Banos, Atwater, Livingston, Dos Palos and Gustine, and the County of Merced, by virtue of California Government Code Section 6500 – 6539.9, inclusive, possess in common the authority:
a) To study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions and to establish an area planning organization and expend public funds for these purposesplan, adopt, finance, administer, and operate transit equipment and facilities; and a)b) To enforce and report Transit Services in the Service Area; and b)c) To do all acts necessary to participate in federal programs and receive federal funds for transportationthe development, operation, and provision of Transit Services within the Service Area, housing, and other community improvement activities, including contracting and cooperating with other agencies.
3. Orderly Development. The people residing within the incorporated and unincorporated areas of Merced County have an interest in the orderly development of 37 their communities.
4. Independent Agency. The continued growth and extensive development within the incorporated and unincorporated areas of Merced County have evidenced the 38 need to create a wholly independent regional agency capable of dealing with area-wide issues and problems.
5. Merced County Association of GovernmentsTransit Joint Powers Authority for Merced County. On November 28, 1967January 24, 1995, as modified by Resolution 2002/03/21/2, the foregoing needs led to the creation and establishment of Merced County Association of Governmentsthe Transit Joint Powers Authority for Merced County, (hereinafter referred to as “MCAGTJPA”).
6. Transportation Authority. MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present.
7.6. Effects. The establishment of MCAG TJPA has:
a) Provided a forum to study and develop solutions to area-wide problems of mutual concern to the Agencies.
b) Provided efficiency and economy in governmental operations through the cooperation of the Agencies and the pooling of common resources. c) Provided for the establishment of a Joint Powers Authority responsible for identifying, planning, and developing solutions to regional problems requiring multijurisdictional cooperationplanning, adoption, financing, administration, and operation of transit equipment and facilities and for the joint monitoring, enforcement, and reporting of Transit Service activities in the Service Area.
d) Provided for the establishment of a Joint Powers Authority capable of developing regional plans and policies and performing area-wide planning duties. e)d) Facilitated cooperation among and agreement between the Agencies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to the Agencies. ) Allowed for imposition of a Regional Transportation Impact Fee with the Authority as the planning, administrative and implementation entity.
9.7. Amendment. The undersigned Agencies and Members desire to amend and 39 restate the “Cooperative Agreement”/Joint Powers AgreementTransit Services Consolidation Agreement dated November 28, 1967January 24, 1995, as amended (the “Original Agreement”), in order to establish the duties and powers of the MERCED COUNTY ASSOCIATION OF GOVERNMENTSTransit Joint Powers Authority for Merced County. This Restated Joint Powers
40 Agreement and the terms and conditions set forth herein supersede all prior amendments and restatements of the Original Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE 1. DEFINITIONS
1.1 Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit A, which is attached and incorporated by this reference.
ARTICLE 2. PURPOSE
2.1 This Agreement is made pursuant to the Act to provide for the joint exercise of certain powers common to the Members and the additional powers granted under the Act. To the extent currently applicable, those powers and/or functions are set forth in Article 6 below.
ARTICLE 3. CONTINUATION OF AUTHORITY
3.1 Continuation. Upon the effective date of this Agreement, the Parties hereto hereby continue the MERCED COUNTY ASSOCIATION OF GOVERNMENTSTransit Joint Powers Authority for Merced County, as a public entity separate and distinct from its member entities, as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute the terms of this Agreement.
3.2 Assets, Rights and Liabilities. The assets, rights, debts, liabilities, and obligations of MCAG TJPA shall be those of MCAG TJPA and shall not constitute assets, rights, debts, liabilities, or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of MCAGTJPA, provided that both the Board and that Member approve such contract or assumption. The provisions of Government Code
41 section 6504, specifically including the right of Members to advance funds and make loans, are made a part of this Agreement.
ARTICLE 4. TERM
4.1 Effective Date. This Agreement shall become effective on July 19, 2023__________.
4.2 Term. This Agreement shall continue for a period of thirty years from the effective date unless terminated in accordance with Article 10 of this Agreement. The term may only be modified by the unanimous consent of all Members.
ARTICLE 5. BOUNDARIES
5.1 Boundary. MCAG’s TJPA’s jurisdictional boundary shall not exceed the jurisdictional boundary of the County of Merced, as the County boundary may be expanded or changed during the Term of this Agreement. This provision shall not prevent MCAG TJPA from providing Transit Services or acquiring services or property outside of its boundaries for the benefit of MCAG TJPA Agencies.
ARTICLE 6. FUNCTIONS/POWERS
6.1 Authority Functions. MCAG TJPA will function or continue to function as:
a. The Local Transportation Authority as designated by the County of Merced in 1990.Plan, direct, oversee, and administer delivery of Transit Services within the Service Area
b. The Metropolitan Planning Organization as designated by the United States Department of Transportation pursuant to Title 23 of United States Code Section 134 and Title 49 of the United States Code §5303(b)(2Accept and expend state and federal transit funds).
c. The Regional Transportation Planning Agency as designated by the Secretary of Business and Transportation of the State of California pursuant to California Government Code Sections 65080, et seqPerform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board. d. The regional transportation planning representative as designated by Formatted: Tab stops: Not at 1.08" + 1.08"
42 the parties hereto for the purpose of acting upon any appropriate proposals which may be presented to the Board for consideration or which the Board may elect to take up and for transmission of proposed recommendations to federal, state and local agencies, including, but not limited to, the member entities of MCAGInvolve public officials and citizens as members of committees to advise the Authority on a non-binding basis. 43 . The designated E.O. 12372 Intergovernmental Review of Federal Programs Clearing House and as such review all applications for federal funds by any participating entity wherein such review is a requirement of the particular federal aid program involved.
. The State Census Affiliate Data Center for Merced County. . The Service Authority for Freeway Emergencies (SAFE) as created by the Members in 1996.
. The agency to administer, coordinate, plan and implement/effectuate a Regional Transportation Impact Fee Program if adopted by the Agencies. . MCAG shall perform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board.
6.76.2 Powers. MCAG TJPA is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations, subject only to such restrictions upon the manner and exercise of such power as are imposed upon the County of Merced in the exercise of similar powers:
a. Make and enter into contracts.
b. Acquire, improve, hold, lease, and dispose of real and personal property of all types.
c. Acquire, repair, rehabilitate, finance, refinance, operate, regulate, and maintain equipment and facilities for the provision of Transit Services. d. Plan, study, and recommend proper and appropriate Transit Service management practices.
e. Resolve disputes between the public and any entities providing Transit Services or services ancillary thereto.
44 f. Plan, design, and implement programs that address fare box revenue requirements.
g. Educate the public as to Transit Services and related matters. h. Accept gifts, donations, advances, and contributions and act as regional lead jurisdiction/applicant and grand administrator for grants, including grants in the name of Members/regional participants.
b.
c.i. Accept gifts, donations, advances and contributions and act as regional lead jurisdiction/applicant and grant administrator for grants in the name of Members/regional participants.
d.j. Hire agents and employees
e.k. Sue and be sued in its own name.
f.l. Incur and discharge debts, liabilities and obligations. g.m. Issue bonds or notes and incur other forms of indebtedness, and 45 make associated covenants, for designated purposes, subject to the provisions and limitations of the California Constitution and the Government Code. h.n. Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement.
i.o. Any additional power granted to Joint Powers Authorities under the Act.
j.p. All powers necessary to the exercise of the enumerated powers.
ARTICLE 7. ORGANIZATION
7.1 Governing Board.
MCAG TJPA shall be governed by a Governing Board (hereinafter “Board”), which shall exercise or oversee the exercise of all powers and authority on its behalf. The Board shall meet in accordance with the MCAG TJPA bylaws. Under this Agreement, the Board is expressly charged with carrying out the foregoing provisions through its actions, through contracts, or through staff hired by MCAGTJPA.
7.2 Directors.
(a) The Board shall consist of each of the five Merced County Supervisors and one elected legislative official from each of the other Members. No Person shall be eligible for appointment to the Board unless he or she is serving in an elective position.
Each of the city Members may appoint one elective Person as an alternate to serve in the absence of an appointed director. Directors and alternate directors who have been duly appointed and are serving at the time of the adoption of this Agreement may continue to serve in that capacity without any further action of the Member. (b) Each Director, so long as a public official, shall hold office from the first meeting of the Board after appointment by the Member until his or her successor is selected by such Member.
(c) This Section 7.2 may only be modified by the unanimous consent of the Members.
46 7.3 Principal Place of Business. The principal place of business of MCAG TJPA shall be located within the Boundary of MCAGTJPA.
7.4 Officers.
(a) The Board shall select a Chair and a Vice Chair from among the Directors who shall hold office for a period of one year commencing July 1st. The Chair and Vice Chair shall alternate between a Member of the Merced County Board of Supervisors and a city Member representative. The positions shall rotate and there shall be no consecutive terms. These specifications are met with the adherence to the Chair Rotation Schedule adopted by the MCAG Merced County Association of Governments (MCAG) Board of Directors on June 15, 2017. The Rotation Schedule may be amended at the discretion of the Board from time to time but shall generally not result in consecutive terms or break the alternation between the County Board of Supervisors Members and the city Member.
(b) Executive Director. The Board shall utilize an Executive Director who shall be the chief executive officer of TJPA. In lieu of special appointment, the Executive Director shall be the Executive Director of MCAG.MCAG.
(c) Deputy Executive Director. The Executive Director may appoint a Deputy Executive Director who shall be a full-time employee of MCAG and who shall serve as Executive Director in the absence of the Executive Director. In lieu of special appointment, the Deputy Executive Director shall be the Deputy Executive Director of MCAG.
(d) Finance Director. The Executive Director shall appoint a Finance Director who shall be a full-time employee of MCAG and who shall function under the guidance of the Executive Director. In lieu of special appointment, the Deputy Executive Director shall be the Deputy Executive Director of MCAG. (e) Secretary. The Board shall utilize the services of a Secretary who shall be an employee of MCAG. In lieu of special appointment, the Secretary shall be the Secretary of MCAG.
47 (f) General Counsel. MCAG TJPA shall contract with an attorney licensed to practice in the State of California who shall serve as General Counsel to MCAGTJPA.
7.5 Designation of Law. As required by section 6509 of the Act, and in the absence of conflicting procedural rules, ordinances and resolutions adopted by the Board, 48 the procedural rules, ordinances and resolutions of the County of Merced are the governing law for MCAGTJPA.
ARTICLE 8. FINANCIAL MATTERS
8.1 Financial Matters.
(a) Budget. MCAG TJPA shall prepare and submit to the Board a budget and work plan for adoption prior to July 1 of each year for the ensuing Fiscal Year.
(b) Treasurer. The Finance Director of MCAG TJPA shall be the Treasurer pursuant to Government Code section 6505.6.
(c) Auditor. The Finance Director of MCAG TJPA shall be the Auditor pursuant to Government Code section 6505.6.
(d) Duties of Treasurer and Auditor. The Treasurer and/or Auditor, as appropriate, shall do all of the following:
(1) Receive and receipt for all money of MCAG TJPA and place it in the treasury of the Treasurer so designated to the credit of MCAGTJPA. (2) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all MCAG TJPA money so held by him or her.
(3) Pay, when due, all sums payable with respect to outstanding indebtedness of MCAGTJPA.
(4) Pay any other sums due from MCAG TJPA only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement.
(5) Make or contract to make an annual audit of the accounts and records of MCAGTJPA. The minimum standards of the audit shall be those prescribed for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing practices. A report of the audit shall be filed as public record with each of the Agencies within 12 months of the end of the Fiscal Year under 49 examination. Any costs in making an audit in accordance with this Agreement shall be 50 borne by MCAG TJPA and shall be a charge against any unencumbered funds of MCAG TJPA available for the purpose.
(6) Draw warrants to pay demands against MCAG TJPA when the demands have been approved by any Person authorized to so approve in this Agreement. (7) File an official bond or proof of insurance in an agreed amount pursuant to section 6505.1 of the Act.
(8) Perform any and all other functions necessary to effectuate this Agreement.
(e) Investment Policy. The investment policy of MCAG TJPA shall be the investment policy adopted by the Board.
(f) Revenue Bonds. MCAG TJPA may issue revenue bonds, but the revenue bonds shall not constitute a debt, liability, or obligation of an individual Member. (g) Insurance/Indemnification.
MCAG TJPA shall maintain general liability insurance relating to its enumerated functions and shall indemnify, protect, defend and hold harmless all of the Members and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the MCAG's TJPA’s acts and/or omissions arising from and/or relating to this Agreement or any act and/or omission performed by a Member on behalf of MCAG TJPA or at the request of MCAGTJPA. This indemnity shall include Environmental Laws as herein defined.
ARTICLE 9. WITHDRAWAL FROM
MCAGTJPA
9.1 Withdrawal Conditions. A Member may not withdraw from MCAG TJPA unless and until that Member:
(a) Liquidates in full its proportion of any and all existing debts, obligations 51 and liabilities incurred, earned, or expected to be earned by the date of withdrawal, 52 including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, as determined by the Board. The liabilities of a withdrawing Member shall specifically include those resulting from acts or omissions when the withdrawing Member was a participating Member of MCAGTJPA.
(b) Has provided written notice of intent to withdraw, via a resolution of the governing body of the Member, at least one (1) year prior to the end of the Fiscal Year in which it intends to withdraw. Withdrawal shall be effective at the end of the fiscal year. (c) This Section 9.1 may only be modified by the unanimous consent of the Members.
9.2 Costs of Withdrawal. A withdrawing Member shall be responsible for all costs associated with its withdrawal from MCAGTJPA. Such costs may include, but may not be limited to, MCAG TJPA staff time associated with ensuring the proper and complete withdrawal of the Member and costs of continuing contracts attributable to that Member. In determining the costs associated with the withdrawal of a Member, the withdrawing Member shall have the option of allowing MCAG TJPA to determine such costs or of hiring, at its own cost, an independent auditor approved by the Board to determine the costs associated with its withdrawal.
ARTICLE 10. TERMINATION
10.1 Termination Requirements. This Agreement may only be terminated by consent of all Members, and upon full and complete liquidation of all liabilities, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, and the winding up of all MCAG TJPA business. Upon the date of termination (“Termination Date”), payment of any and all obligations and division of any and all assets of MCAG TJPA shall be conducted subject to the then applicable requirements of the law (currently Section 6511, et seq., of the Act) as follows:
(a) In the event of termination of MCAG TJPA where there is a successor public entity that will conduct all of the activities and assume all of its obligations, any and all MCAG assets and liabilities remaining upon termination shall be transferred to the 53 successor public agency.
(b) If there is no successor public agency that would conduct MCAG’s TJPA’s activities, all assets and liabilities, including surplus money, shall be apportioned to each Member in proportion to population.
(c) If there is a successor public agency that would conduct some of MCAG’s TJPA’s activities, then the Board shall allocate MCAG TJPA assets and liabilities, including surplus money, between the successor public agency and the Members. In such case the Member’s portion of the allocation shall be based on subparagraph (b) above.
(d) By unanimous agreement of the Members, assets and liabilities may be disposed of, divided or distributed on a basis different from that established in this Article 10.
ARTICLE 11. BYLAWS
11.1 Bylaws. Bylaws may be adopted by the Board pursuant to which meetings of the Board shall be called. The Bylaws shall contain appropriate provisions for the transaction of business and describe the duties and powers of the Chair and Vice Chair and such other officers as may be appointed. To the extent the Bylaws conflict with this Agreement, the terms of this Agreement shall control. The Bylaws may be amended from time to time by majority vote of the Board after notice in accordance with the Bylaws.
ARTICLE 12. AMENDMENTS
12.1 With the exception of Article 10, Article 9, Section 7.2 and Section 4.2, this Agreement may be amended at any time by agreement of five Members, one of which must be the County of Merced. The County of Merced’s agreement shall be evidenced by a resolution of the County Board of Supervisors. Agreement of a city Member shall be evidenced by a resolution of their respective City Council. However, no amendment may reduce the representation rights of a Member, or add to the duties or obligations of a Member without the agreement of such Member.
ARTICLE 13. MISCELLANEOUS
54 13.1 Filing with the Secretary of State. All notices required by Government Code Sections 6503.5 and 53051 shall be filed by MCAG TJPA with the California Secretary of State.
13.2 Immunity. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker’s compensation, and other benefits which would apply to the activity of officers, agents, or employees of any such Member, when performing their respective functions within the territorial limits of the respective Members, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this agreement outside the territorial limits of their Agencies.
13.2 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each Member. Notwithstanding the foregoing, no Member may assign any right or obligation hereunder without the written consent of all other Members.
13.3 Severability. If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected.
13.4 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.
13.5 Conflict of Interest Code. MCAG TJPA has adopted a conflict of interest code.
13.6 Disputes. Prior to filing a lawsuit, the parties shall attempt to resolve, in good faith, any and all disputes, claims or controversies arising out of or relating to this Agreement, including decisions and official actions of the Board, by participating in mediation, conducted by a mediator selected by the parties to the dispute. This provision may be invoked by any Member with written notice (“Notice of Mediation”) to MCAGTJPA, or to the other Agency to the dispute, accompanied by a resolution of the invoking 55 Agency’s council or board invoking this provision. MCAG TJPA may also invoke this provision through a majority vote of the MCAG TJPA Board. 56 Once Mediation Notice is received by an Agency, the parties to the dispute, or their respective representative, shall select a mediator with appropriate expertise and experience with dispute resolution. If the parties are not able to stipulate to a mediator, then, within 10 business days of receiving the Mediation Notice, the parties shall simultaneously exchange a list of three mediators. Each party shall propose their list of mediators independently and without sharing their list with any other party. Within five business days of the exchange, the parties shall, independently and without comparing, rank all of the mediators exchanged in numerical order and exchange such rankings. The highest-ranking person shall be designated as the mediator. In the event of a tie, the earliest available person shall be designated as the mediator. If such mediator is not available to serve, or is otherwise conflicted, the parties shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator. The parties shall have 30 days from receipt of the Notice of Mediation to select a mediator.
The selected mediator, in consultation with the parties, shall establish the time and place of mediation, rules regarding the prompt exchange of information, and the exchange and preparation of written summaries (if necessary). The parties shall attempt in good faith to complete mediation of the dispute within 120 days of selection. The parties may, by unanimous agreement, establish a different timeframe for mediation. Such alternative timeframe must be in writing and agreed to within 90 days from receipt of the Mediation Notice. Such agreement may be executed by the parties’ representatives. The parties agree to attend a minimum of two full-day mediation sessions if the matter cannot be resolved sooner. During the course of the mediation, no party can assert the failure to fully comply with the timelines established herein as a reason not to proceed or to delay the mediation.
The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the dispute until 15 days after conclusion of mediation.
Conclusion of the mediation shall occur at the earliest of 1) execution of a settlement 57 agreement by all parties to the mediation, 2) declaration of the mediator that mediation is terminated, or 3) at the expiration of 120 days from the selection of the mediator (or alternative agreed upon timeframe for mediation) and the parties have attended two fullday mediation sessions. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
The mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
13.7 Execution in Counterparts. This Agreement may be executed on behalf of the respective Members in one or more counterparts, all of which shall collectively constitute one agreement.
13.8 Authority to Bind. Each person signing below represents and warrants that he or she is authorized, by resolution or similar action, of their respective city council or board of supervisors to bind the Agency on whose behalf he or she executes this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates shown in the respective signature blocks.
MERCED COUNTY BOARD OF SUPERVISORS
By:
Chairman
ATTEST:
By:
Clerk of County Board of Supervisors
Approved as to Legal Form:
By:
County Counsel
Dated:
58 CITY OF ATWATER
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
CITY OF DOS PALOS
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
59 CITY OF GUSTINE
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
CITY OF LIVINGSTON
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
60 CITY OF LOS BANOS
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
CITY OF MERCED
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
61 EXHIBIT A
DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below.
Act
“Act” means the California Joint Exercise of Powers Law (California Government Code Section 6500 et seq.)
Agency/Agencies
“Agency/Agencies” means the County of Merced, City of Atwater, City of Dos Palos, City of Gustine, City of Livingston, City of Los Banos, and City of Merced.
Agreement
“Agreement” means this Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.
Auditor
“Auditor” means the Finance Director of MCAGTJPA.
Authority
“Authority” means the Transit Joint Powers Authority for Merced County.
Board
Chair
“Board” means the governing Board of Directors of MCAGTJPA, consisting of representatives from each of the Members as more fully described in Article 7 of this Agreement.
“Chair” means the Chair of the MCAG TJPA Board, as described in Article 7 of this Agreement and the Bylaws.
Director
“Director” means the Member representatives appointed to serve on the governing Board of Directors.
Environmental Laws
Formatted: Indent: Left: 0.08"
62 “Environmental Laws” means all federal and state statutes and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitations, the Comprehensive Environmental 63 Response, Compensation, and Liability Act of 1980, 42 USC §9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §6902, et seq.; the Federal Clean Water Act, 33 USC §1251, et seq.; the Toxic Substances Control Act, 15 USC §1601, et seq.; the Occupational Safety and Health Act, 29 USC §651, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300, et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5, et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000, et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
Fiscal Year
“Fiscal Year” means the period commencing on each July 1 and ending on the following June 30.
Legislation
“Legislation” means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation.
MCAG
“MCAG” means Merced County Association of Governments. or “Authority”.
Member
“Member” means any Agency (as defined above) which signs onto this Agreement.
Person
“Person” means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, special purpose district, town, city, county, state, or the United States.
Service Area
“Service Area” means all territory covered by the Annual Service Plan and/or Short Range Transit Plan.
Term
“Term” means the period of time specified in Article 4 of this Agreement.
Transit Services
Formatted: Indent: Left: 0.08", Hanging: 0.42"
64 “Transit Services” means transportation services for the general public within the Service Area, including, but not limited to, fixed-route service, both rural and urban, a demand response system, carless commute, and other Transit Services approved by the Board.
Treasurer
“Treasurer” means the Finance Director of MCAGTJPA.
Formatted: Indent: Left: 0.08", Hanging: 0.42"
65 SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF
TRANSIT JOINT POWERS AUTHORITY FOR MERCED COUNTY
This Second Amended and Restated Joint Powers Agreement is made this 18th day of July, 2013, by and between the County of Merced, the City of Merced, the City of Los Banos, the City of Atwater, the City of Livingston, the City of Dos Palos, and the City of Gustine. This Agreement supersedes the Transit Services Consolidation Agreement dated January 24, 1995, as modified by Resolution 2002/03/21/2 affirming the separate existence of the Authority, the Amended and Restated Joint Powers Agreement dated November 24, 2009, and the First Amendment thereto dated December 13, 2012. Terms beginning with capital letters are defined in Exhibit A. The County and cities are collectively referred to as the Agencies. The Authority shall continue pursuant to the Act.
RECITALS
1. The Agencies regulate the provision of transportation/Transit Services in areas under their jurisdiction and have heretofore operated such services under contract with and through the Merced County Department of Public Works and an independent Transit Services provider (“Franchisee”).
2. The Agencies find it in their mutual economic interests to address the operation and provision of Transit Services on a regional level so that the costs for planning and implementing transit programs are based on a fair and equitable allocation system that considers all relevant factors.
3. Each of the Agencies has been a member of the Transit Joint Powers Authority for Merced County, has enjoyed the benefits of such membership, and has directed that Transit Services be provided by and through the Authority.
4. The Agencies desire to possess common ownership of the equipment and facilities which are used in the provision of Transit Services to the public.
5. Each Agency has the individual power to plan, manage, operate and 66 control equipment and facilities for Transit Services within their jurisdictional boundaries, as well as to create and issue Franchise Agreements for such activities.
6. The California Joint Exercise of Powers Law (Government Code §§6500, et seq.) permits two or more public agencies to exercise jointly any power that the Agencies could exercise separately and also grants certain additional powers to a joint powers authority.
7. The Agencies desire to establish and confer upon a separate legal entity, the Transit Joint Powers Authority for Merced County, the powers necessary to enable them to expand and operate Transit Services for the benefit of all the Agencies.
8. The Agencies intend for the Authority to possess the ability to issue revenue bonds, certificates of participation and other methods of financing to pay for the operation and development of Transit Services and to participate in federal and state programs and receive federal and state funds for the development, operation and provision of Transit Services.
WHEREFORE, the Agencies do continue the joint powers authority now known as the Transit Joint Powers Authority for Merced County for the purpose of owning, financing, administering and operating transit equipment and facilities and for administering rates for transit programs and do agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit A, which is attached hereto and incorporated herein by this reference.
ARTICLE 2. PURPOSE
2.1 This Agreement is made pursuant to the Act to provide for the joint exercise of certain powers common to the Agencies and the additional powers granted under the Act. The purpose of this Agreement is to provide for the joint 67 planning, adoption, financing, administration and operation of transit equipment and facilities and for the joint monitoring, enforcement and reporting of Transit Service activities in the service area. By entering into this Agreement, the Agencies earn economic benefits not realized when using alternate means to provide Transit Services.
ARTICLE 3. CONTINUATION OF AUTHORITY
3.1 Continuation. Pursuant to the Act, the Agencies continue the public entity known as the Transit Joint Powers Authority for Merced County.
3.2 Separate Entity. The Authority shall be a public entity separate from the Agencies.
3.3 Assets, Rights and Liabilities. The assets, rights, debts, liabilities, and obligations of the Authority shall not constitute assets, rights, debts, liabilities, or obligations of any of the Agencies. However, nothing in this Agreement shall prevent any Agency from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of the Authority, provided that both the Board and that Agency approve such contract or assumption.
ARTICLE 4. TERM
4.1 Effective Date. This Agreement shall be dated as of the date it is approved by the Board and shall become effective upon approval of three (3) or more Members consisting of the County of Merced and two or more City Members with the majority of population
4.2 Term. This Agreement shall continue until terminated or dissolved by a vote taken in accordance with Article 10 of this Agreement, or for ten (10) years from the effective date, whichever shall first occur. However, in no event shall the Members vote to terminate or dissolve the Transit Joint Powers Authority for Merced County if its termination or dissolution would conflict with or violate the terms or conditions of any bonds, financial instruments, or related documentation 68 by or on behalf of the Authority, including, without limitation, indentures, resolutions and letter of credit agreements.
ARTICLE 5. BOUNDARIES
5.1 Service Area. The Authority shall exercise its powers within its Service Area. If an Agency withdraws from the Authority, the area served by the Authority may be modified to exclude the area of the withdrawing Agency.
ARTICLE 6. FUNCTIONS/POWERS
6.1 Authority Functions. The Authority will function to:
a. Plan, direct, oversee and administer delivery of Transit Services within the service area.
b. Accept and expend state and federal transit funds.
c. Perform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board. d. Involve public officials and citizens as members of committees to advise the Authority on a non-binding basis.
6.2 Powers. The Authority is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations, subject only to such restrictions upon the manner and exercise of such power as are imposed upon the County of Merced in the exercise of similar powers:
a. Acquire, repair, rehabilitate, finance, refinance, operate, regulate and maintain equipment and facilities for the provision of Transit Services. b. Acquire, improve, hold, lease and dispose of real and personal property of all types.
c. Enter into a Franchise Agreement for the day-to-day provision of Transit Services and an Operations Agreement for maintenance of transit 69 equipment and facilities.
d. Plan, study and recommend proper and appropriate transit service management practices.
e. Resolve disputes between the public and any entities providing Transit Services or services ancillary thereto.
f. Plan, design, and implement programs that address fare box revenue requirements.
g. Educate the public as to Transit Services and related matters. h. Provide for or enter into agreements to provide for financial, engineering, legal, audit and any other professional services supporting any of the Authority’s programs, including, but not limited to, Transit Services. Such agreements can be made with any person, including any Member. i. Accept gifts, donations, advances and contributions and act as regional lead jurisdiction/applicant and grant administrator for grants, including grants in the name of Members/regional participants.
j. Hire agents and employees.
k. Sue and be sued in its own name.
l. Incur and discharge debts, liabilities and obligations. m. Issue bonds or notes and incur other forms of indebtedness, and make associated covenants, for designated purposes, subject to the provisions and limitations of the California Constitution and the Government Code. n. Establish rates/fares and routes for Transit Services in the Service Area.
o. Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement. p. By majority vote of the Board, add new Member Agencies. q. Any additional power granted to joint exercise of powers 70 agencies under the Act.
r. All powers necessary to the exercise of the enumerated powers.
ARTICLE 7. ORGANIZATION
7.1 The Board. The Authority shall be governed by the Board, which shall exercise or oversee the exercise of all powers and authority on its behalf. The Board shall meet not less than once yearly and all meetings shall be called, noticed and conducted subject to the Brown Act. Under this Agreement, the Board is expressly charged with carrying out the foregoing provisions through its actions, through contracts, or through staff hired by the Authority.
7.2 Directors.
(a) The Board shall consist of each of the five Merced County Supervisors and one elected legislative official from each of the other Member Agencies. As of the date hereof, there are 11 voting Members. No Person shall be eligible for appointment to the Board unless he or she is serving in an elective position. Each of the city Agencies may appoint one elective Person as an alternate to serve in the absence of an appointed director. Directors and alternate Directors who have been duly appointed and are serving at the time of the restatement of this Agreement may continue to serve in that capacity without any further action of the Member Agency.
(b) Each Director, so long as a public official, shall hold office from the first meeting of the Board after appointment by the Member Agency until his or her successor is selected by such Member Agency.
7.3 Principal Place of Business. The principal place of business of the Authority shall be located at 369 W. 18th Street, Merced, California, 95340.
7.4 Officers.
(a) The Board shall select a Chair and a Vice Chair from among the Directors who shall hold office for a period of one year commencing July 1st. The 71 Chair and Vice Chair shall alternate between a Member of the Merced County Board of Supervisors and a city Agency representative. The positions shall rotate and there shall be no consecutive terms.
(b) Executive Director. The Authority Board shall utilize an Executive Director who shall be the Chief Executive Officer of the Authority. In lieu of special appointment, the Executive Director shall be the Executive Director of the Merced County Association of Governments. The Executive Director shall plan, organize and direct the administration and operations of the Authority and shall manage any operating agreement between the County and/or a franchisee operator and the Authority. The Executive Director or his or her designee shall review and approve all warrants.
(c) Secretary. The Authority Board shall utilize the services of a Secretary who in lieu of special appointment shall be the Secretary of the Merced County Association of Governments.
(d) General Counsel. In the absence of special appointment by the Authority Board, the General Counsel of Merced County Association of Governments shall serve as General Counsel to the Authority.
7.5 Designation of Law. As required by section 6509 of the Act, and in the absence of conflicting procedural rules, ordinances and resolutions adopted by the Authority Board, the procedural rules, ordinances and resolutions of the County of Merced are the governing law for the Authority.
ARTICLE 8. FINANCIAL MATTERS
8.1 Financial Matters.
(a) Budget. The Executive Director shall prepare and submit to the Board a budget and work plan for adoption prior to July 1 of each year for the ensuing Fiscal Year (July 1 to June 30).
(b) Treasurer. The Chief Financial Officer of Merced County 72 Association of Governments shall be the Treasurer of the Authority pursuant to Government Code section 6505.6.
(c) Auditor. The Chief Financial Officer of Merced County Association of Governments shall be the Auditor of the Authority pursuant to Government Code section 6505.6.
(d) Duties of Treasurer and Auditor. The Treasurer and/or Auditor, as appropriate, shall do all of the following:
(1) Provide for the transfer of funds held by the Authority. (2) Receive and receipt for all money of the Authority and place it in the treasury of the Treasurer so designated to the credit of the Authority. (3) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all Authority money so held by him or her. (4) Pay, when due, all sums payable with respect to
outstanding indebtedness of the Authority.
(5) Pay any other sums due from the Authority only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement.
(6) By or through the Executive Director make or contract to make an annual audit of the accounts and records of the Authority. The minimum standards of the audit shall be those prescribed by the Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing practices. A report of the audit shall be filed as public record with each of the Agencies within 12 months of the end of the Fiscal Year under examination. Any costs in making an audit in accordance with this Agreement shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for the purpose. (7) Draw warrants to pay demands against the Authority
73 when the demands have been approved by any Person authorized to so approve in this Agreement.
(8) File an official bond or policy of insurance in an agreed amount pursuant to Government Code Section 6505.1 of the Act. (9) Perform any and all other functions necessary to
effectuate this Agreement.
(10) The investment policy shall be the investment policy of Merced County Association of Governments.
(e) Revenue Bonds. The Authority may issue revenue bonds, but the revenue bonds shall not constitute a debt, liability, or obligation of a Member Agency.
(f) Insurance.
(1) The Authority shall maintain general liability insurance relating to its enumerated functions and shall indemnify, protect, defend and hold harmless all of the Member Agencies. This indemnity shall include Environmental Laws as herein defined.
(2) Notwithstanding Government Code section 895, et seq., liability imposed on the Authority or any Member relating to Authority functions, shall be apportioned proportionately among all Member Agencies based upon population.
ARTICLE 9. WITHDRAWAL FROM THE AGENCY
9.1 Withdrawal Conditions. A Member may not withdraw from the Authority unless and until that Member:
(a) Liquidates in full its proportion of any and all existing debts, obligations and liabilities incurred, earned, or expected to be earned by the date of withdrawal, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, as determined by the Board. The liabilities 74 of a withdrawing Member shall specifically include those resulting from acts or omissions when the withdrawing Member was a participating Member of the Authority.
(b) Has provided written notice of intent to withdraw at least six (6) months prior to the beginning of the Fiscal Year in which it intends to withdraw, specifying the date on which the Member intends to withdraw.
ARTICLE 10. TERMINATION
10.1 Termination Requirements. This Agreement may only be terminated by consent of all Members, and upon full and complete liquidation of all liabilities, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any. Upon the date of termination (“Termination Date”), payment of any and all obligations and division of any and all assets of the Authority shall be conducted subject to the then applicable requirements of the law (currently Section 6511, et seq., of the Act) as follows:
(a) In the event of termination of the Authority where there is a successor public entity that will conduct all of the activities and assume all of its obligations, any and all Authority assets and liabilities remaining upon termination shall be transferred to the successor public agency.
(b) If there is no successor public agency that would conduct the Authority’s activities, all assets and liabilities, including surplus money, shall be apportioned to each Member in proportion to population. (c) If there is a successor public agency that would conduct some of the Authority’s activities, then the Board shall allocate Authority assets and liabilities, including surplus money, between the successor public agency and the Members. In such case the Member’s portion of the allocation shall be based on subparagraph (b) above.
(d) By unanimous agreement of the Members, assets and liabilities 75 may be disposed of, divided or distributed on a basis different from that established in this Article.
ARTICLE 11. BYLAWS
11.1 Bylaws. Bylaws may be adopted by the Board pursuant to which meetings of the Board shall be called. The Bylaws shall contain appropriate provisions for the transaction of business and describe the duties and powers of the Chair and Vice Chair and such other officers as may be appointed. The Bylaws may be amended from time to time by majority vote of the Board after notice in accordance with the Bylaws.
ARTICLE 12. AMENDMENTS
12.1 This Agreement may only be amended by the affirmative vote of twothirds of the Members of the Board of Directors, except that Article 10 may not be amended without the agreement of all the Members. Furthermore, no amendment may add to the duties or obligations of a Member without the agreement of such Member.
ARTICLE 13. MISCELLANEOUS
13.1 Filing with the Secretary of State. All notices required by Government Code §§6503.5 and 53051 shall be filed by the Authority with the California Secretary of State.
13.2 Immunity. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker’s compensation, and other benefits which would apply to the activity of officers, agents, or employees of any such Member Agency, when performing their respective functions within the territorial limits of the respective Member Agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this agreement outside the territorial limits of their Agencies.
76 13.2 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each Member.
Notwithstanding the foregoing, no Member may assign any right or obligation hereunder without the written consent of all other Members.
13.3 Severability. If any provision of this Agreement or its application to any circumstance is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other circumstances shall not be affected.
13.4 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.
13.5 Conflict of Interest Code. The Authority has adopted a conflict of interest code.
13.6 Arbitration. The Members desire to avoid the expense and delay associated with litigation, and therefore agree to submit any and all disputes which cannot be resolved by a good-faith effort to meet and confer to binding arbitration pursuant to the following terms. Despite the fact that such binding arbitration is pursuant to contract, it shall be conducted based on local (Merced County) and state rules of judicial arbitration. There shall be one arbitrator. He or she shall be chosen from the then active list of arbitrators maintained by the Merced County Superior Court Arbitration Administrator. The party seeking arbitration shall commence the case with a letter request which shall set forth, in clear and concise terms, the nature of the dispute and shall further list three names from the abovementioned list of arbitrators agreeable to the requesting party. Within five days the other party shall select one of the listed attorneys, or submit a list of three names to the requesting party, who may within five days select one of the other parties’ listed attorneys. If the parties cannot agree on the arbitrator, they shall submit the 77 issue of appointment to the Presiding Judge of the Merced County Superior Court as though it is an ex parte hearing. None of the previously listed attorneys may be selected as an arbitrator. The arbitrator shall set the matter for hearing within sixty (60) days of his or her appointment. After submission of the matter the arbitrator shall issue a decision within ten (10) days. The decision of the arbitrator shall be final and binding, and may be enforced as a judgment in the Merced County Superior Court.
IN WITNESS WHEREOF, the Members have caused this Agreement to be duly executed and attested by the Board Chair as of the date set forth below.
Date: July 18, 2013 TRANSIT JOINT POWERS AUTHORITY
FOR MERCED COUNTY
By:__________________________
Jerry O’Banion, Chair
78 EXHIBIT A
DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below.
Act
“Act” means the California Joint Exercise of Powers Law (California Government Code Section 6500 et seq.)
Agency/Agencies
“Agency/Agencies” means the public entities which are or have been Members of the Authority.
Agreement
“Agreement” means this Amended and Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.
Auditor
“Auditor” means the Chief Financial Officer of Merced County Association of Governments.
Authority
“Authority” means the Transit Joint Powers Authority for Merced County.
Board
“Board” means the governing Board of Directors of the Authority, currently consisting of the five Members of the Merced County Board of Supervisors and one Mayor or Council person from each of the six incorporated municipal Agencies, for a total of 11 Directors as more fully described in Article 7 of this Agreement.
Chair
“Chair” means the Chair of the Authority Board, as described in Article 7 of this Agreement and the Bylaws.
79 Director
“Director” means the Agency representatives who serve on the governing Board of Directors.
Effective Date
“Effective Date” means the effective date of this Agreement, which is defined herein.
Environmental Laws
“Environmental Laws” means all federal and state statutes; and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitations, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC §9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §6902, et seq.; the Federal Clean Water Act, 33 USC §1251, et seq.; the Toxic Substances Control Act, 15 USC §1601, et seq.; the Occupational Safety and Health Act, 29 USC §651, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300, et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5, et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000, et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
Equipment and Facilities
“Equipment and Facilities” means the personal and real property used by the Authority and the operator or the Franchisee for the provision of Transit Services.
Fiscal Year
“Fiscal Year” means the period commencing on each July 1 and ending on the following June 30.
Franchise Agreement
“Franchise Agreement” means the agreement with an independent contractor 80 for the day-to-day provision of Transit Services. Such agreement shall be between the Authority and such independent contractor.
Legislation
“Legislation” means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation.
Member
“Member” means any one of the public entities listed in Exhibit B and any public entity that becomes a new member in accordance with this Agreement.
Operations Agreement
“Operations Agreement” means any agreement with the County of Merced or other person for administrative, maintenance or related activities.
Person
“Person” means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, special purpose district, town, city, county, state, or the United States.
Service Area
“Service Area” means all territory covered by the Annual Service Plan and/or Short Range Transit Plan.
Term
“Term” means the period of time specified in Article 4 of this Agreement.
Transit Services
“Transit Services” means transportation services for the general public within the Service Area, including, but not limited to, fixed route service, both rural and urban, and a demand response system, carless commute and other Transit Services approved by the Board.
81 Treasurer
“Treasurer” means the Chief Financial Officer of Merced County Association of Governments (“MCAG”).
82 EXHIBIT B
MEMBERS
County of Merced
City of Merced
City of Los Banos
City of Atwater
City of Livingston
City of Gustine
City of Dos Palos
83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 Agenda Staff Report
TO: Mayor & City Council Members
FROM: Ramon McDonald, Administrative Sergeant
DATE: March 18, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of and Authorization to execute a purchase agreement with PCN Strategies for V120 Mobile Data Computers for Police Patrol Vehicles ______________________________________________________________________ Recommendation:
That the City Council approve and authorize the City Manager to execute a purchase agreement with PCN Strategies for the purchase of Getac V120 Mobile Data Computers (MDCs), for use in police patrol vehicles.
Discussion:
In 2007, the City of Los Banos Police Department began installing mobile computers in police vehicles to enhance police response capabilities and give officers access to important information. As technology continues to improve and there is more of a demand on law enforcement personnel, MDCs have become standard safety equipment in nearly all police patrol vehicles.
Police MDCs are not standard business laptop computers, they are purpose built and highly ruggedized. These units are designed to operate in challenging environments, including hot or cold weather, damp environments, vehicle and road vibration, and long periods of use.
The Police Department began evaluating our current Panasonic MDCs after receiving reports that the units were too large and posed a safety concern to our staff. In one case, officers reported the MDCs were interfering with the vehicle column shifter, due to ITEM 10D
85 the vehicle configuration and size of the MDC. After attempts were made to address the concerns, the Department began searching for a better option.
The Department selected Getac V120, after field testing Getac V110 and Getac B360 units over a 2-month period. These units meet the ruggedized standards required for police patrol use, are compatible with all of our current systems, and serviceable by the Los Banos IT Department. The Los Banos Municipal Code authorizes this technology purchase outside of the competitive process under section 3-10.230(a)(1).
Expenditures:
Specialized Equipment: 236-421-100-753
Fiscal Impact:
Funding for Police MDCs was approved during the FY 25/26 budget process and is authorized under Police Measure P Funding. The total costs for these units are as follows:
(7) V120 Mobile Data Computers $29,316.28
(7) 5-year Extended Warranty $3,921.12
(7) Gamber-Johnson vehicle dock $4,546.08
(7) LIND DC power supply $1,220.94
Reviewed by:
_______________________________ ________________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution Getac 2025-2026
86 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AN
AGREEMENT FOR THE PURCHASE OF GETAC
MOBILE DATA COMPUTERS FROM PCN
STRATEGIES FOR USE IN POLICE PATROL
VEHICLES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Los Banos Police Department has identified the need to replace Mobile Data Computers (MDC’S), for use in police patrol vehicles. This will enhance operational reliability, address safety concerns, and ensure the continued delivery of effective services to the community; and
WHEREAS, the Los Banos Police Department has identified PCN Strategies as a responsible vendor, capable of delivering a reliable MDC’s, which allows officers to access calls for service, to be dispatched to emergences, access sensitive information; and
WHEREAS, the total purchase cost is within the $50,000 budgeted amount approved by City Council in Fiscal Year 2025-2026 within the Measure P Fund (Fund 236); and
WHEREAS, section 3-10.230 (a)(1) of the Los Banos Municipal Code authorizes the purchase of this technology outside the competitive bidding process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the agreement with PCN Strategies for the purchase of seven (7) Getac V120 MDC’s, seven (7) Gamber and-Johnson vehicle docks and seven (7) LIND vehicle power adaptors, and authorizes the City Manager to execute the agreement.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
87 APPROVED:
________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
88 Agenda Staff Report
TO: Mayor and City Council Members
FROM: William Via, Public Works Director
DATE: March 4, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of the Revised and Restated Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies
______________________________________________________________________ Recommendation:
Staff recommends that the City Council approve and authorize the City Manager to sign the Revised and Restated Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies.
Background:
In 2024, the Delta-Mendota Subbasin Groundwater Sustainability Agencies (GSAs) adopted a single Groundwater Sustainability Plan (GSP) for the Subbasin to coordinate efforts to meet groundwater sustainability goals as outlined in the Sustainable Groundwater Management Act. On September 12, 2024, the Subbasin GSAs entered into a Memorandum of Agreement (MOA) to implement the single GSP.
Under the MOA, the Subbasin GSAs had agreements with the San Luis & DeltaMendota Water Authority (SLDMWA) whereby SLDMWA provided fiscal, contracting and administrative services for the Subbasin. SLDMWA’s Board directed that SLDMWA consolidate its mission to core objectives and therefore transition away from providing these services by the start of the next fiscal year (March 1, 2026). As a result, the Subbasin GSAs executed a Joint Powers Agreement to establish a Joint Powers Authority in January 2026.
Discussion:
With the establishment of the Delta-Mendota Subbasin GSAs Joint Powers Authority (DM Authority), the SLDMWA will no longer have a role in the management of the GSAs, ITEM 10E
89 and therefore, the revised MOA removes the role of SLDWMA in Article III and replaces it with the DM Authority. Additionally, in the revised MOA, the Board of Directors of the DM Authority supersedes and replaces the Coordination Committee identified in Article IV of the Original MOA. Lastly, since Widren Water District and Oro Loma Water District recently joined the Central Delta-Mendota GSA Joint Powers Authority, the MOA signatories reflect this change from 23 to 21 GSAs.
On February 4, 2026, the Delta-Mendota Joint Powers Authority Board of Directors was established and held a Special Joint Meeting with the Coordination Committee. During the meeting, the Revised and Restated MOA was presented by legal counsel. The Board directed legal counsel to modify Section 7.1 of the Agreement to state that the Parties agree to “coordinate to develop and maintain a monitoring network at the Subbasin level.” Please note that this is a non-substantive revision and does not change the terms or Party responsibilities of the Agreement.
The final MOA for consideration by Subbasin GSAs for adoption is provided as Attachment 1. Staff requests GSAs adopt the final MOA by March 31, 2026.
Fiscal Impact:
There is no immediate fiscal impact associated with the approval of this MOA. The agreement does not require any direct financial contribution from the City at this time.
However, the MOA includes a provision allowing for future discussions regarding potential GSA contributions to support well testing and replacement water efforts within the Delta-Mendota Subbasin. Any future financial commitments would return to the Council for separate consideration and approval.
Reviewed by:
____________________________ ______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Final Revised and Restated Memorandum of Agreement
2. Resolution
90 3747954v4 / 21603.0005
REVISED AND RESTATED
MEMORANDUM OF AGREEMENT
AMONG THE DELTA-MENDOTA SUBBASIN
GROUNDWATER SUSTAINABILITY AGENCIES
THIS REVISED AND RESTATED MEMORANDUM OF AGREEMENT (this “MOA”) is entered into and shall be effective as of March 1, 2026 (the “Effective Date”), by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin listed in Exhibit “A” (each a “Party” and collectively the “Parties”) and is made with reference to the following facts:
RECITALS
A. On September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act (“SGMA”).
B. SGMA requires all groundwater subbasins designated as high- or medium-priority by the California Department of Water Resources (“DWR”) to manage groundwater in a sustainable manner.
C. The Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin (“Subbasin”), has been designated as a high-priority, critically overdrafted basin by DWR.
D. The Subbasin includes multiple groundwater sustainability agencies (each a “GSA” and collectively, the “GSAs”) that initially managed the Subbasin through the development and implementation of six different groundwater sustainability plans.
E. Pursuant to the requirements of SGMA (Wat. Code §§ 10720, et seq.) and DWR’s SGMA regulations (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.
F. In 2024, the Parties adopted a single groundwater sustainability plan (“GSP”) to cover the entire Subbasin to comply with SGMA.
G. If there is only one GSP for the Subbasin, then the GSAs no longer need the Coordination Agreement, as defined by SGMA.
H. As part of the development of a single GSP, the Parties adopted a Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies and San Luis & Delta-Mendota Water Authority, effective September 12, 2024 (the “Original MOA”). 91 3747954v4 / 21603.0005
I. Through the Original MOA, the GSAs desired to coordinate the work and management of the Subbasin and clarify responsibilities of the respective GSAs, in accordance with SGMA, and develop a “Coordination Committee” to assist with said efforts.
J. As of December 1, 2025, the Parties entered into that certain “Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement” to create a separate entity known as the DeltaMendota Subbasin GSAs Joint Powers Authority (the “Authority”).
K. The responsibilities of the Coordination Committee created by the Original MOA have been superseded by the Board of Directors of the Authority, rendering the Coordination Committee unnecessary.
L. With the creation of the Authority, the San Luis & Delta-Mendota Water Authority is no longer involved in the coordination of the GSAs in the Subbasin and is therefore no longer a signatory to this MOA.
M. The Parties desire to revise and restate the Original MOA as outlined in this MOA and it is the intent of the Parties that this MOA supersede and replace the Original 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 “Authority” shall mean the Delta-Mendota Subbasin GSAs Joint Powers Authority.
1.2 “Coordinated Plan Expenses” are those Subbasin-wide Activities expenses incurred by the Authority, the Secretary, and the Plan Manager, at the direction of the Board of Directors, within approved annual cost estimates for purposes described in this MOA and in implementing this MOA, including actual expenses incurred in executing obligations under this MOA for intrabasin and interbasin coordination, which are shared equally amongst the seven representative seats of the Board of Directors, in accordance with the Participation Percentages.
1.3 “DWR” shall mean the California Department of Water Resources.
1.4 “Effective Date” shall be March 1, 2026.
1.5 “GSA” shall mean a groundwater sustainability agency established in accordance with SGMA and its associated regulations, and “GSAs” shall mean more than one such groundwater sustainability agency. Each Party is a GSA.
1.6 “GSP” shall mean the single Delta-Mendota Subbasin Groundwater Sustainability Plan.
1.7 “MOA” shall mean this Revised and Restated Memorandum of Agreement by and among the Parties.
92 3747954v4 / 21603.0005
1.8 “Participation 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.
1.9 “Party” or “Parties” shall mean a GSA or in the plural, two or more GSAs within the Subbasin, who are signatories to this MOA.
1.10 “Plan Manager” shall mean an entity or individual, appointed at the pleasure of the Board of Directors of the Authority to perform the role of the Plan Manager and to serve as the point of contact to DWR and/or the State Water Board.
1.11 “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 SGMA-specific definitions provided by statute or regulation; in the event of any inconsistency between a term defined in this MOA and a SGMA-specific definition, the definition contained in this MOA shall prevail.
1.13 “State Water Board” shall mean the California State Water Resources Control Board.
1.14 “Subbasin” shall mean the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin.
1.15 “Subbasin-wide Activities” shall mean those activities or actions that affect the Subbasin as a whole or are otherwise required by SGMA to be determined at the Subbasin level and as defined by a unanimous vote of the Board of Directors of the Authority. An initial list of Subbasin-wide Activities is identified in Exhibit “D”.
1.16 “Water Year” shall mean the period from October 1 through the following September 30.
ARTICLE II– PURPOSE & KEY PRINCIPLES
2.1 Purpose. The Parties shall continue to work together in mutual cooperation to implement and update the GSP in compliance with SGMA, for the sustainable management of the Subbasin. Each 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 implement the GSP within their respective GSA territories.
2.3 Each Party’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 93 3747954v4 / 21603.0005
procedures, GSA powers 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.
2.4 Management and GSP Implementation. It is the responsibility and obligation of each Party to this MOA, and any applicable separate agreements, to manage its own GSA and implement the GSP within its GSA’s boundaries. It is further the responsibility and obligation of each Party to pay its proportionate share of the Participation Percentage and other payments required as part of implementation of SGMA Subbasin-wide Activities, as may arise from time to time.
ARTICLE III – JOINT POWERS AUTHORITY
3.1 Delta-Mendota Subbasin GSAs Joint Powers Authority. The Parties entered into that certain Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement effective December 1, 2025, to form the Delta-Mendota Subbasin GSAs Joint Powers Authority (the “Authority”). The Board of Directors of the Authority superseded and replaced the Coordination Committee identified in the Original MOA. All of the Parties to this MOA are Members of the Authority.
ARTICLE IV – APPROVAL BY INDIVIDUAL PARTIES
4.1 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 Authority.
ARTICLE V – POWERS RESERVED TO PARTIES
5.1 Nothing in this MOA shall be interpreted to deprive any Party of its right to:
(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 GSP adopted pursuant to this MOA consistent with the terms and conditions set forth therein; and (d) Defend, with legal counsel of its own choosing, any challenge to the adoption or implementation of a GSP developed pursuant to this MOA.
ARTICLE VI – EXCHANGE OF DATA AND INFORMATION
6.1 Exchange of Data and Information. The Parties acknowledge and recognize pursuant to this MOA that the Parties will need to exchange data and information among and 94 3747954v4 / 21603.0005
between the Parties. Procedures for exchanging of such data and information are outlined in Article XI of the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement.
ARTICLE VII – MONITORING NETWORK
7.1 In accordance with SGMA, the Parties hereby agree to coordinate to develop and maintain a monitoring network at a Subbasin level. The Subbasin monitoring network description shall include monitoring objectives, protocols, and data reporting requirements specific to enumerated sustainability indicators. Each GSA is responsible for the following:
(a) Operating and maintaining the representative monitoring network within its boundary;
(b) Filling data gaps in its GSA on a defined schedule; (c) Collecting data per the approved Subbasin-wide monitoring protocol; (d) Considering developing and maintaining a supplementary network for collecting data in excess of the minimum need, for the purposes of supporting local management decisions (since the level of detail necessary may not be sufficient in a Subbasin level network); and
(e) Each GSA shall have a minimum of one representative monitoring well (measuring water level and water quality) from each aquifer (above the Corcoran Clay layer – shallow aquifer, or below the Corcoran Clay layer – deep aquifer) in which it has groundwater pumping either within its GSA boundaries or within the area of influence of the pumping that is occurring, sufficient to meet the recommendations of the Subbasinwide GSP consultant.
7.2 The minimum monitoring network shall be based on the evaluation performed by the Subbasin-wide GSP consultant and may change from time to time. The Subbasin-wide GSP consultant shall evaluate the monitoring network to ensure:
(a) There is a proper spatial and temporal coverage to inform a groundwater model;
(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 benchmarks in 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.
ARTICLE VIII – COORDINATED DATA MANAGEMENT SYSTEM
8.1 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 95 3747954v4 / 21603.0005
Board of Directors of the Authority 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.
ARTICLE IX – ADAPTIVE MANAGEMENT FRAMEWORK
9.1 The Parties previously established an “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 Management Framework shall be further refined as part of the GSP development and implementation.
9.2 If and when required pursuant to Exhibit “C”, each Party to this Agreement shall participate in the procedures discussed therein without regard to whether the Party is represented by another entity on the Authority’s Board of Directors.
9.3 As part of the Adaptive Management Framework, each Party commits to continue to evaluate and implement projects and management actions (“P&MAs”) within its boundaries to reach sustainability in compliance with SGMA.
ARTICLE X – MODIFICATION OF THIS MOA
10.1 Addition of a Party. A Party may be added to this MOA only upon the unanimous vote of Board of Directors of the Authority at a regular or special meeting, the Party’s execution of a counterpart of this MOA, and its provision of any additional documentation required by this MOA. No Party may be added that is not a GSA within the Subbasin or that fails to share in Coordinated Plan Expenses.
10.2 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 be determined to not be in compliance with legal requirements under circumstances where amendment of the MOA to include a provision addressing the legal requirement will cure the noncompliance, the Parties agree to promptly prepare and shall not unreasonably withhold approval of such amendment.
ARTICLE XI – WITHDRAWAL, TERM, AND TERMINATION
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 of receipt of the written notice.
Any Party who withdraws shall remain obligated for Coordinated Plan Expenses.
The 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 96 3747954v4 / 21603.0005
established under its separate GSA Group agreement, as applicable, concerning such share of obligations.
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.
11.2 Termination. This MOA may be terminated or rescinded by the unanimous written consent of all Parties. Nothing in this MOA shall prevent the Parties from entering into a coordination agreement for coordination with any other subbasin.
11.3 Indemnification. No Party, nor any director, officer or employee of a Party, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by another Party under or in connection with this MOA. Each Party shall fully indemnify and hold harmless each other Party and its agents, directors, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party pursuant to this MOA.
ARTICLE XII – PROCEDURES FOR RESOLVING CONFLICTS
12.1 In the event of any dispute arising from or relating to this MOA, the procedures for resolving conflicts described in Article XIII of the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement shall control.
ARTICLE XIII – GENERAL PROVISIONS
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 terms and conditions of this MOA.
13.2 Governing Law. The validity and interpretation of this MOA will be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of Merced, State of California.
13.3 Severability. Except as provided for cure by amendment in Articles 10.2 and 10.3, if any term, provision, covenant, or condition of this MOA is determined to be unenforceable by a court of competent jurisdiction, it is the Parties’ intent that the remaining provisions of this MOA will remain in full force and effect and will not be affected, impaired, or invalidated by such a determination.
13.4 Counterparts. This MOA may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same agreement.
13.5 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this MOA and to execute such further instruments and 97 3747954v4 / 21603.0005
documents as are reasonably necessary, appropriate, expedient, or proper to carry out the intent and purposes of this MOA.
98 3747954v4 / 21603.0005
Signatures on following page
99 3747954v4 / 21603.0005
IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date.
Dated: ________________________ ALISO WATER DISTRICT GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CENTRAL DELTA-MENDOTA GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF DOS PALOS GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF FIREBAUGH GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF GUSTINE GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF LOS BANOS GSA
Print Name: __________________________
Print Title: ___________________________
100
3747954v4 / 21603.0005
Dated: ________________________ CITY OF MENDOTA GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF NEWMAN GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF PATTERSON GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ COUNTY OF MADERA GSA – DELTAMENDOTA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ COUNTY OF MERCED DELTA-MENDOTA GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ DM II GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ FARMERS WATER DISTRICT GSA Print Name: __________________________
Print Title: ___________________________
101
3747954v4 / 21603.0005
Dated: ________________________ FRESNO COUNTY MANAGEMENT AREA A GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ FRESNO COUNTY MANAGEMENT AREA B GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ GRASSLAND GSA
Print Name: __________________________
Print Title: ___________________________
102
3747954v4 / 21603.0005
Dated: ________________________ NORTHWESTERN DELTA-MENDOTA GSA
STANISLAUS COUNTY
___________________________________________
Print Name: __________________________
Print Title: ___________________________
APPROVED AS TO FORM
By: ___________________________
___________________________
MERCED COUNTY
___________________________________________
Print Name: __________________________
Print Title: ___________________________
APPROVED AS TO FORM
By: ___________________________
___________________________
Dated: ________________________ PATTERSON IRRIGATION DISTRICT GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ SAN JOAQUIN RIVER EXCHANGE
CONTRACTORS WATER AUTHORITY GSA
Print Name: __________________________
Print Title: ___________________________
103
3747954v4 / 21603.0005
Dated: ________________________ TURNER ISLAND WATER DISTRICT–2 GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ WEST STANISLAUS IRRIGATION DISTRICT GSA
Print Name: __________________________
Print Title: ___________________________
104
3747954v4 / 21603.0005
EXHIBIT “A”
Parties to the MOA
1. Aliso Water District GSA
2. Central Delta-Mendota GSA
(Includes: County of Fresno, County of Merced, Eagle Field Water District, Fresno Slough Water District, Mercy Springs Water District, Oro Loma Water District, Pacheco Water District, Panoche Water District, San Luis Water District, Santa Nella County Water District, Tranquillity Irrigation District, and Widren Water District GSA)
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 GSA
8. City of Newman GSA
9. City of Patterson GSA
10. County of Madera GSA – Delta-Mendota
11. County of Merced Delta-Mendota GSA
12. DM II GSA
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. Patterson Irrigation District GSA
19. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) 105
3747954v4 / 21603.0005
20. Turner Island Water District–2 GSA
21. West Stanislaus Irrigation District GSA
106
3747954v4 / 21603.0005
EXHIBIT B
BOARD OF DIRECTORS REPRESENTATIVES & PARTICIPATION PERCENTAGES Board of Directors Representatives (alphabetically) Group Contact Agency Participation
Percentage
1 Aliso Water District GSA Aliso Water District GSA 1/7 Aliso Water District GSA
2 Central Delta-Mendota GSA Central Delta-Mendota GSA 1/7 Central Delta-Mendota GSA
3 Farmers Water District GSA Farmers Water District GSA 1/7 Farmers Water District GSA
4 Fresno County Management Area A and B
GSAs Group Fresno County 1/7
Fresno County Management Area A GSA
Fresno County Management Area B GSA
5 Grassland GSAs Group Grassland Water District 1/7
Grassland GSA
Merced County Delta-Mendota GSA
6 Northern Delta-Mendota GSAs Group West Stanislaus Irrigation District 1/7 City of Patterson GSA
DM-II GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
7 San Joaquin River Exchange Contractors GSAs
Group
San Joaquin River Exchange
Contractors GSA 1/7
City of Dos Palos GSA
City of Firebaugh GSA
City of Gustine GSA
City of Los Banos GSA
City of Mendota GSA
City of Newman GSA
County of Madera GSA – Delta-Mendota
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSA
Turner Island Water District-2 GSA
107
3747954v4 / 21603.0005
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 Management Act (“SGMA”) has a long-term horizon to achieve sustainability and that management of the Subbasin will require an iterative process on the part of the GSAs and the Board of Directors of the Authority to review groundwater conditions at least annually and propose revisions to underlying data, methodologies, assumptions, sustainable management criteria, projects, management actions, and other Subbasinwide coordinated information as necessary to meet changing conditions. Accordingly, the GSAs in the Subbasin establish the following framework for addressing MT exceedances in the SGMA implementation period, as will be further described in the adopted GSP:
1. As a Subbasin-wide Activity, the Subbasin-wide GSP Consultant shall initiate a review of Subbasin-wide data within sixty (60) days after that data is due to be submitted by each GSA (the “Review”). As reporting dates vary based upon the Sustainable Management Criteria (“SMC”), this Review will be done on a regular basis and will be a regular agenda item on the Authority’s Board of Directors agenda.
2. The Review shall take into account all matters to be considered in the Annual Report pursuant to the DWR Regulations, section 356.2, including, but not limited to, changes in groundwater elevation, groundwater storage, subsidence, water quality and the status of minimum thresholds (“MTs”) and interim milestones in the Subbasin GSP.
3. Should GSA activities result in either a) a pattern of data showing a downward trend (towards a MT exceedance), or b) a MT exceedance, the Authority (at the recommendation of the Plan Manager, a designated subcommittee, or the Subbasin-wide GSP Consultant) shall immediately notify the GSA and add the downward trend or exceedance information to the next Authority’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 Board of Directors of the Authority to address how the GSA will mitigate any downward trend or exceedance and in what timeframe.
The intent is for the Board of Directors of the Authority 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 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.
108
3747954v4 / 21603.0005
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 another GSA within the Subbasin, such determination will be brought back to the Authority’s Board of Directorsfor further discussion and potential Subbasin-wide action. The Authority’s Board of Directors will work with other GSAs to increase existing GSA coordination to remedy the issues causing the downward trend or exceedance and to remedy the responsibility of costs associated with identifying and mitigating the exceedance.
6. If there is a determination that any MT exceedance was caused by a neighboring subbasin, this should be brought back to the Board of Directors of the Authority for further discussion and potential Subbasin-wide action. Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or exceedance across Subbasin boundary lines (such as water quality issues, subsidence, or depletion of interconnected surface waters) shall be shared pursuant to the Participation Percentages of the Authority (i.e. 1/7th each). The Authority’s Board of Directors will work with other subbasins to expand existing inter-basin coordination to remedy the issues causing the downward trends or exceedances.
7. In the event that the GSA is unable to mitigate or avoid future MT exceedances with its existing projects and management actions (“P&MAs”) and within the timeframe presented to the Authority’s Board of Directors, the GSA may seek assistance from the Authority. The Board of Directors of the Authority may recommend policies or 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 Board of Directors of the Authority may consider setting triggers in the GSP for GSAs to implement management actions [e.g., sequencing P&MAs] or work on alternative options.
109
3747954v4 / 21603.0005
The Authority’s Board of
Directors provides
immediate notice to each
GSA with a MT
Exceedance & discusses it
at the following
Authority’s Board of
Directors meeting. The
GSA is provided with a
checklist to help evaluate
possible causes.
On a rolling
basis, annual
data and
information is
due to the
Subbasin-wide
consultant.
Within 60 days of
deadline to submit
information,
Subbasin-wide
consultant Reviews
data for MT
Exceedances &
potential trends in
said exceedances.
Within 30 days of
receiving such
information, the GSA
with MT Exceedances
presents a mitigation
plan & timeline to the
Authority Board of
Directors.
GSA may decide
to have Subbasin
consultant do
further research,
at its sole cost.
Within timeframe
presented by GSA,
GSA presents to
Authority’s Board of
Directors mitigation
plan that is
successful.
Within timeframe
presented by GSA,
MT Exceedances
are still occurring.
GSA and Subbasinwide GSP Consultant
determine that MT
Exceedance is caused
by neighboring
subbasin GSA(s) or
intra-basin Subbasin
GSA impacts
Authority’s Board
of Directors meets
& negotiates with
neighboring
Subbasin GSA or
GSA(s)
GSA &
Authority’s Board
of Directors
recommend
triggers in GSP for
implementing
P&MAs GSA &
Authority’s
Board of
Directors work
on alternative
options.
110
3747954v4 / 21603.0005
EXHIBIT “D”
SUBBASIN-WIDE ACTIVITIES
(Initial List)
• Preparation of and submittal of annual reports
• Preparation of annual estimates of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates, in accordance with the budgetary requirements of the respective Parties
• Plan Manager costs and expenses for the work directed by the Authority’s Board of Directors
• Subbasin-wide Consultant costs and expenses, including, but not limited to, collecting information from the Subbasin GSAs, processing technical data, and those identified in Exhibit “C” for the Adaptive Management Framework for the Subbasin
• Preparation of and submittal of five-year updates to the GSP • Revisions to this MOA
• Subbasin-wide outreach
• 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 111
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
REVISED AND RESTATED MEMORANDUM OF
AGREEMENT AMONG THE DELTA-MENDOTA
SUBBASIN GROUNDWATER SUSTAINABILITY
AGENCIES
WHEREAS, in 2024, the Delta-Mendota Subbasin Groundwater Sustainability Agencies (GSAs) adopted a single Groundwater Sustainability Plan (GSP) for the Subbasin to coordinate efforts to meet groundwater sustainability goals as outlined in the Sustainable Groundwater Management Act; and
WHEREAS, On September 12, 2024, the Subbasin GSAs entered into a Memorandum of Agreement (MOA) to implement the single GSP; and WHEREAS, under the MOA, the Subbasin GSAs had agreements with the San Luis & Delta-Mendota Water Authority (SLDMWA) whereby SLDMWA provided fiscal, contracting and administrative services for the Subbasin; and WHEREAS, the Subbasin GSAs executed a Joint Powers Agreement to establish the Delta-Mendota Subbasin GSAs Joint Powers Authority (DM Authority) in January 2026; and
WHEREAS, with the establishment of the DM Authority, the SLDMWA will no longer have a role in the management of the GSAs; and
WHEREAS, the revised MOA removes the role of SLDWMA in Article III and replaces it with the DM Authority; and
WHEREAS, the Board of Directors of the DM Authority supersedes and replaces the Coordination Committee identified in Article IV of the Original MOA; and WHEREAS, Widren Water District and Oro Loma Water District joined the Central Delta-Mendota GSA Joint Powers Authority, the MOA signatories reflect this change from 23 to 21 GSAs; and
WHEREAS, the changes to the MOA are non-substantive revisions that do not change the terms or Party responsibilities of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Revised and Restated Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies and authorizes the City manager to execute same.
112
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
___________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
113
THIS PAGE IS INTENTIONALLY LEFT BLANK
114
1 Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: March 18, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: 2025 Housing Element Annual Progress Report
______________________________________________________________________ Recommendation:
That the City Council adopt a resolution approving the 2025 Annual Report on the status of the Housing Element of the General Plan and progress in its implementation.
Background:
The Housing Element is one (1) of seven (7) mandated elements of the General Plan and includes information related to the City’s existing housing needs, an analysis of the City’s population and employment trends, household characteristics, and inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state-mandated requirements. In addition, the City is required to provide progress and status towards meeting the City’s fair share of the Regional Housing Needs Allocation (RHNA).
Pursuant to California Government Code Section 65400(a)(2) each jurisdiction is required to prepare and submit an annual progress report on its General Plan Housing Element by April 1st of each year. The annual report is required to contain the following:
• Status of the City’s General Plan Housing Element and progress in its implementation;
• Progress in meeting the City’s regional housing need; and ITEM 11
115
2 • Anyactions taken by the City toward completion of Programs identified in the City’s Housing Element.
This report is required to be reviewed and considered by the City’s legislative body (City Council), and subsequently submitted to the California Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD).
The annual report does not require approval by these State Agencies.
Discussion:
The 2025 Housing Element Annual Progress Report is attached to this Staff Report as Attachment 2. The purpose of the annual progress report is to:
1) Remain compliant with Government Code Section 65400(a)(2) and Housing Element Law;
2) To update City Council on housing development and implementation of the Housing Element;
3) Provide City’s status towards meeting the City’s RHNA; and 4) Ensure eligibility for State grant funding.
For the City to be eligible for State funding for a variety of Housing and Parks Grants, the State requires the City’s Housing Element to follow State Housing Law (certified) and for the City to make Annual Progress Reports to the Office of Planning and Research and the Department of Housing and Community Development annually (by April 1st of each year).
Progress Towards Meeting RHNA
The RHNA process allocates the State’s futurehousing needs to each County. The State HCD identifies housing needs for each region in response to projected population and household growth, and mandates that each Council of Governments (COG) distribute the RHNA to each jurisdiction (Cities and Counties).
Each income category is defined as a percentage of the Area Median Income (AMI), as established by HCD which is currently $93,900 for a four-person household. The income categories are then used to calculate housing affordability for rental and owner-occupied housing. Each income category is defined as follows:
• Extremely Low-Income Households have a combined income at a lower than 30 percent of AMI.
• Very Low-Income Households have a combined income between 30 and 50 percent of AMI.
• Low Income Households have a combined income between 50 and 80 percent of AMI
• Moderate Income Households have a combined income between 80 and 120 percent of AMI.
116
3 • Above Moderate-Income Households have a combined income greater than 120 percent of AMI.
As illustrated in the table below, the City has a total shortfall of 2,554 units, with 996 in Low to Moderate Income categories and 719 units in very low income category, for the 2024-2032 Housing Element Planning Period.
Income Level
RHNA
Allocation by
Income Level
Projection
Period –
6/30/23-
1/30/24
20242025
Total
Units to
Date (all
years)
Total
Remaining
RHNA by
Income
Level
Very Low
Deed Restricted 719 0 719 Non-Deed Restricted
Low
Deed Restricted
493 12 19 474 Non-Deed Restricted 7
Moderate
Deed Restricted 566 44 522 Non-Deed Restricted 16 28
Above
Moderate 1354 165 127 223 515 839
Total RHNA 3132
Total Units 172 143 263 578 2554
Progress toward extremely low-income housing needs, as determined pursuant to Government Code 65583(a)(1).
Income Level
Extremely
Low-Income
Need
20242025
Total Units
to Date (all
years)
Total Units
Remaining
Extremely Low-Income Units 360 360
The proposed Annual Progress Report ensures that the City will remain up-to-date in regards to the requirements imposed for future grant opportunities.
Environmental Review:
The proposed Housing Element Annual Progress Report for Calendar Year 2025 is not considered a project as prescribed by the California Environmental Quality Act (CEQA).
This progress report does not authorize construction of any housing.
Fiscal Impact:
None
117
4 Reviewed by:
___________________________ ________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. City of Los Banos 2025 Housing Element Annual Progress Report
3. Public Hearing Notice
118
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING THE 2025
ANNUAL REPORT ON THE STATUS OF THE
HOUSING ELEMENT OF THE GENERAL PLAN
AND PROGRESS IN ITS IMPLEMENTATION AND
GENERAL PLAN STATUS REPORT
WHEREAS,the City of Los Banos is required by Government Code Section 65400 to provide an Annual Progress Report on the General Plan for the preceding year; and WHEREAS, the Annual Progress Report must be provided to the City Council, the California Office of Planning and Research, and the California Department of Housing and Community Development; and
WHEREAS, the Annual Progress Report must include all of the following: a) the status of the Housing Element and progress in its implementation, b) the progress in meeting Los Banos’ share of the regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, the degree which its approved General Plan complies with the guidelines adopted pursuant to Section 65040.2; and
WHEREAS, the Annual Progress Report also includes the required General Plan Status Report summarizing the status of all General Plan elements, any amendments adopted in 2025, implementation progress, and the City’s work program for 2026, consistent with Government Code Section 65400(b).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby adopt the 2025 Annual Housing Element Progress Report and authorizes staff to submit said report to the California Office of Planning and Research and California Department of Housing and Community Development.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18
th day of March 2026, by Council Member ______
who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
119
__________________________
Michael Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
120
Jurisdiction Los Banos
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 3 4 5 6 7 8 9
Name of Program Objective
Projected Completion
Date in Housing
Element
Applicable Cycle Status of Program
Implementation
Program
Implementation
Details
Quantified Outcomes:
Category
Quantified Outcomes:
Count Supporting Documents
Program 1
The City shall designate sufficient land at
various densities to allow for the
construction of sufficient housing to meet
its legally adopted HCD Regional Housing
Needs Allocation (RHNA) between 2014
and 2023. The City shall review, as
needed, the amount of land designated for
various residential uses in conjunction with
the amount of and types of housing
produced in the previous year to determine
if any changes in the General Plan or
Zoning Ordinance may needed to meet the
City’s housing needs. A review of the
supply of vacant land and development
patterns over the preceding year will be
incorporated into each annual evaluation of
the City’s implementation of the Housing
Element programs.
In October 2022, the City
adopted General Plan 2042,
which redesignated sites to
the High-Density Residential
Zone and increased the
minimum density for highdensity residential land use
from 12 to 20 units per acre
to accommodate future
demand for multifamily
housing.
Program 1A.
Create and maintain an up to date site
inventory detailing the amount, type and
size of vacant or underused parcels, and
assist developers in identifying land
suitable for residential development.
The City annually updates
and maintains the residential
site inventory and continues
to assist developers in
identifying land suitable for
residential development.
The City conducted several
meetings with developers to
review potential vacant sites
for residential development.
The City also prepared
maps identifying these sites,
which were shared with
developers.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 121
Program 1B.
Continue to seek grant funding from State
and Federal sources to assist in the
development of affordable housing.
Whether the City applies for funding
individually, as part of a consortium of
public agencies, or through a formal Joint
Powers Agreement with other public
agencies, will depend on the type of
program and the benefits to City of joint
versus singular application. Such programs
include Section 202 Housing for the Elderly
and Handicapped, Rental Housing
Construction Program (RHCP), Family
Housing Demonstration Program,
HOME/HOPE Programs, Community
Reinvestment Act Programs (CRA), and
State Farmworker Housing Program. There
are a number of other state and federal
programs that provide grants, loans, or
mortgage insuring for affordable housing
development and in which eligible
applicants are for profit or non-profit home
builders. The city would lend its support to
such applications through favorable land
use policies should eligible and financially
feasible projects be submitted to the City.
On April 18, 2024, the City
was awarded $11.8 million in
Encampment Resolution
Funding Round 3 (ERF)
funding for the One Tree
Village Permanent
Supportive Housing Project
consisting of 50 units of
affordable housing,
supportive services,
operating subsidies, and
administrative costs.
On July 31, 2024, the City
was also awarded an
additional $2.5 million grant
from the Central California
Alliance (CCAH) for 8
additional units in the One
Tree Village Permanent
Supportive Housing Project,
cumulatively securing $14.3
million.
The proposed project
consists of 58 units on a Cityowned parcel for special needs groups, including
individuals experiencing
homelessness and
extremely low-income
households at risk of
homelessness.
Program 1C.
To facilitate the development of multifamily
housing affordable to lower-income
households, the City will identify and
rezone approximately 32 (shortfall of 625
units and calculated at 20 du./ac.) acres of
vacant land currently zoned R-1 to the R-3
zoning district, allowing exclusively
residential uses by right (not requiring a
conditional use permit, planned
development or any other discretionary
approval), containing a minimum of 16
units per site and a minimum density of 20
units per acre by March 2017. The rezoned
sites will be selected from the list of
identified sites within the R- 1 zone in
Appendix E of this element and will include
only sites that are no less than one acre
and no larger than 10 acres in size.
On March 20, 2019, as part
of the General Plan update
the City rezoned 5 acres
from R-1 to R-3 which
provided an additional
capacity of 96 units for
future multifamily housing.
(Ordinance No. 1169)
122
Program 1D.
To meet the Unaccommodated Need from
the 4th Cycle identified in Program 1C of
the 2009-2014 Housing Element and
AB1233 Analysis located in Section 5, the
City will rezone the site(s) listed in Table V6 and adopt a General Plan Amendment (if necessary) to meet the unaccommodated
need of eighty-one (81) units. The site(s)
will meet the following criteria:
Can meet a minimum of 16 units;
Can meet a minimum density of twenty (20)
dwelling units per acre;
Rezone to a district that permits residential
uses (by-right)
On March 20, 2019, as part
of the General Plan update
the City rezoned 5 acres
from R-1 to R-3 which
provided an additional
capacity of 96 units
addressing the
unaccommodated need
from the 4th cycle Housing
Element.
(Ordinance No. 1169)
Program 2
Staff will periodically review the
development standards for the residential
zones to identify standards that may
constrain the development of affordable
housing and housing for special groups,
such as disabled individuals.
In 2024, the City completed
an administrative draft of the
Community Design
Standards which will help to
promote affordable housing.
A community workshop is
scheduled for March 2025.
Program 2A
Affordable housing developers often face
constraints in developing affordable
housing projects. One way the City can
assist such developers is by providing fasttrack/priority processing for low-income and special needs housing projects. This
service can encourage affordable housing
development by allowing developers to go
through the approval and permitting
process quicker keeping costs down and
unit affordable. Options include:
- Assign a primary contact for priority
housing developments to assist with all
necessary entitlement and assist
navigating various local departments.
- Hold pre-application development
conferences.
- Provide information about permit
streamlining at the planning counter, on the
City’s website and in other public places to
increase awareness.
The Community and
Economic Development
Department developed a
streamlined permitting
process in 2015 and
continues to collaborate with
affordable housing
developments, guiding them
through the local
development process as
projects are received.
123
Program 2B.
Assist fifty (50) first-time homebuyers
through the 2014-2023 Housing Element
Planning Period
The City's efforts have
focused on securing $11.8
million in ERF funds and
$2.5 million in CCAH funds
for the 58-unit Permanent
Supportive Housing Project
to assist special needs
groups and due to lack of
capacity, has not yet applied
for additional FTHB funding.
The City plans to actively
pursue additional state
funding for the first-time
homebuyer program during
the planning period.
Program 2C. Actively enforce Nuisance Ordinance with
regard to abandoned or vacant homes.
In November 2024, to
enforce the Nuisance
Ordinance, the City
established regulations
regarding public camping
and the storage of personal
property on public property
or in public areas in Title 5
Chapter 11. These
regulations were adopted so
the City could take specific
actions to address
encampments while
adhering to due process.
Program 2D.
In accordance with Government Code
Section 65589.7, immediately following City
Council adoption, the City must deliver to
all public agencies or private entities that
provide water and sewer services to
properties within Los Banos a copy of the
2014-2023 Housing Element. The City of
Los Banos provides water and sewer
services to all residents and businesses
within the City. As such, a copy of the
adopted 2014-2023 Housing Element will
be provided to the applicable
Department(s) within 30-days. The City will
also establish a written procedure by the
end of 2017 pursuant to Government Code
Section 65589.7 to provide water and
sewer service to developments with units
affordable to lower income households.
The City is the only water
and sewer provider within its
limits and has never denied
water and sewer services to
new developments,
regardless of affordability.
124
Program 2E.
To promote continued opportunity for public
engagement, the City shall conduct an
annual Housing Element review and
provide opportunities for public
engagement and discussion in conjunction
with the State requirement of written review
of the General Plan by April 1 of each year
(per Government Code Section 65400).
Use the Planning Commission and City
Council as an avenue for public input on
housing issues and housing element
implementation. Notices shall be prepared
in English and Spanish and be published in
a newspaper of general circulation and
posted at City Hall. Website and social
media notification shall be encouraged. To
ensure General Plan Consistency between
the Housing Element and other Elements
of the General Plan, the City shall, in
addition to the requirements above,
complete the following: • Maintain the Draft
General Plan Housing Element Review on
the City’s website; • Develop an evaluation
matrix to determine the consistency
between the Housing Element policies and
programs and the other Elements of the
General Plan.
The City annually prepares
the Housing Element Annual
Progress Report and
presents this at a public
hearing. The report is
submitted each year by April
1. Program 3
Continue programs for rehabilitation and
encourage the county-wide CDBG
consortium to apply to the State for funds
for housing rehabilitation on behalf of Los
Banos.
The City's efforts have
focused on securing $11.8
million in ERF funds and
$2.5 million in CCAH funds
for the 58-unit Permanent
Supportive Housing Project
to assist special needs
groups and due to lack of
capacity, has not been able
to assist the CDBG
consortium in applying for
funding.
Program 3A.
Provide information to homeowners and
nonprofit groups regarding funding and
assistance programs.
The City continued to
provide information to
homeowners and nonprofit
groups via social media, the
City's website, and utility bills
regarding any funding
assistance programs.
Program 3B.
Monitor at risk units by establishing and
maintaining close contact with property
owners regarding their long term plan for
projects on an annual basis. Seek funds to
purchase and preserve the affordability of
the units and establish and implement a
proactive tenant noticing and education
strategy.
The City did not have any
units at risk of converting in
2024. The earliest date of
any potential conversion is
2035.
125
Program 3C.
Establish and implement a program to
reduce, waive or subsidize local
development fees associated with
preservation or replacement of at-risk units.
City staff continue to work
with the City Council to
reduce, waive, or subsidize
local development fees on a
case-by-case basis.
Program 3D.
The City shall conduct a Housing Condition
Survey. This Housing Condition Survey will
follow HCD Guidelines. Results of the
survey are to be published on the City’s
website and the City will assist the Housing
Authority of the County of Merced in
rehabilitation and targeted efforts. Actions
to be taken following the results of the
Survey include but are not limited to:
- Apply for HOME and CDBG grant funds
for rehabilitation projects identified as part
of the Survey; and
- Contact homeowners identified in the
Survey as having a home qualifying for the
rehabilitation program
The City conducted a
Housing Condition Survey in
March 2019 and posted the
survey results on the
website.
https://losbanos.org/wpcontent/uploads/2013/09/Ho
using-Condition-Survey.pdf
Program 3E. Discourage land division of sites currently zoned high density residential.
While the Community and
Economic Development
Department continues to
discourage the land division
of sites zoned high density
residential, the City did not
receive any proposals to
subdivide large parcels
Program 4.
Continue to enforce State energy
conservation requirements such as Title 24
of the Building Energy Efficiency Standards
for new residential projects and encourage
residential developers to employ additional
energy conservation measures with
respect to: subdivision design, siting of
homes on the lot, landscaping and solar
access.
On October 19, 2022, the
City amended Title 8,
Building Regulations of the
Los Banos Municipal Code
and adopted by reference
the 2022 edition of the
California Code of
Regulations Title 24,
California Building
Standards Code, with
amendments.
(Ordinance No. 1199)
Program 4A.
Promote standards that promote passive
solar heating, overhangs on south facing
windows, planting of deciduous trees on
the west and south.
In 2024, the City permitted
165 residential units
featuring solar energy
systems.
126
Program 5.
Evaluate Zoning Map to ensure that higher
density zoning is adjacent to services and
transit and make changes if necessary,
also work with developers on future
developments to ensure close proximity of
services to higher density residential uses.
The Community and
Economic Development
Department evaluated
existing higher-density
residential uses in relation to
the proximity of services and
transit. The 58-unit
Permanent Supportive
Housing Project funded by
the ERF funds, currently
under development, is
strategically located near
essential services. The site
is within a quarter mile of a
transit stop, a grocery store,
and urgent medical care
services.
Program 5A.
Extremely Low-Income Housing
Development Funding. Coordinate with
developers, non-profit housing agencies,
and County, State, and Federal Agencies
to obtain available sources of funding for
the development of affordable housing
units. The City’s Community and Economic
Development Department shall coordinate
with the Housing Authority of the County of
Merced to research and pursue potential
funding opportunities, process applications,
and manage funds received for the
development of affordable housing.
Specific emphasis shall be placed on the
development of extremely low-income
housing through a variety of activities,
including annual outreach to affordable
housing developers, providing technical
and/or financial assistance through
identifying grant and/or loan programs and
providing expedited processing of
applications for the development of
housing for extremely low-income
households.
The City secured $11.8
million in ERF funds and
$2.5 million in CCAH funds
for a Permanent Supportive
Housing project, comprising
58 units on a City-owned
parcel which will provide
housing opportunities for
special needs groups,
including extremely lowincome households.
In addition, the City is
working with the Housing
Authority of the County of
Merced to develop 10 tiny
homes. The project has
been approved entitlements
and is currently undergoing
the building permit process,
which will be permitted
ministerially.
Program 5B. Establish and implement a Reasonable
Accommodation Ordinance
On March 18, 2020, the City
established a Reasonable
Accommodation Ordinance.
(Ordinance No. 1181)
127
Program 5C.
The City will work with the Merced County
Housing Authority to provide fair housing
services to its residents and property
owners by Distributing educational
materials to property owners, apartment
managers, and tenants, making public
service announcements via different media
(e.g., newspaper ads and public service
announcements at local radio and
television channels, responding to
complaints of discrimination (i.e., in-taking,
investigation of complaints, and resolution)
and Referring services to appropriate
agencies.
The City continues to work
with the Merced County
Housing Authority to provide
fair housing services.
Program 5D.
The City shall refer residents to the Central
Valley Regional Center for housing and
services available for persons with
developmental disabilities. Provide
information on services on the City’s
website. As available, the City will pursue
State and federal monies for direct support
for housing construction and rehabilitation
specifically targeted for housing for persons
with developmental disabilities.
On March 18, 2020, the City
established a reasonable
accommodation ordinance
and amended its Municipal
Code related to SRO,
Supportive and Transitional
Housing, and Emergency
Shelters to ensure
compliance with State law.
In 2024, the City focused on
the One Tree Village
Permanent Supportive
Housing Project and
secured $11.8 million in ERF
funds and $2.5 million in
CCAH funds for 58
permanent supportive
housing units to assist
special needs groups,
including individuals
experiencing homelessness
and extremely low-income
households at risk of
homelessness.
Program 6. Continue to maintain programs providing
assistance for first time homebuyers
The City continues to
monitor the first-time
homebuyer program and
provides information as
requested. The City did not
assist any First-time
homebuyers in 2024.
Program 7.
Maintain contact with owners of affordable
rental properties and provide information
relating to maintenance and rehabilitation.
The City continues to
maintain contact with the
owners of affordable rental
properties and provides
information as available.
128
Program 7A.
Continue with funding programs
established for rehabilitation targeting
affordable rental units.
The City's efforts have
focused on securing $11.8
million in ERF funds and
$2.5 million in CCAH funds
for the 58-unit Permanent
Supportive Housing Project,
and due to lack of capacity,
has not applied for any
additional funding for
rehabilitation programs.
Program 8.
In cooperation with private developers, nonprofit housing corporations, Merced County, and other interested entities to
apply for and utilize State and Federal
funding to assist with projects for special
needs housing. In addition, the City shall
review and update if necessary the Los
Banos Municipal Code to ensure the
definition of special needs housing to
ensure the definition is consistent with the
United States Department of Housing and
Urban Development and the California
Department of Housing and Community
Development
On March 18, 2020, the City
established a reasonable
accommodation ordinance
and amended its Municipal
Code related to SRO,
Supportive and Transitional
Housing, and Emergency
Shelters to ensure
compliance with State law.
Through the $11.8 million in
ERF funds and $2.5 million
in CCAH funds, 58
permanent supportive
housing units will be
developed for special needs
groups.
Program 8A.
Work with community based organizations
and developers with regard to special
needs housing and information on
emergency shelters. The City shall contact
community based organizations on a semiannual basis regarding opportunities for special needs housing and information on
emergency shelters.
The City worked closely with
the Merced County Rescue
Mission, a nonprofit
organization, on two bridge
homes that provide
emergency shelter totaling
20 beds. These homes are
operated in partnership with
the Merced County Rescue
Mission and are funded
through the City’s PHLA
funding.
Program 8B.
To ensure the needs of aging residents are
met, the City will permit the development of
senior housing in specific areas of the
community, including residential and
commercial zones at higher densities than
are traditionally allowed. Zoning Incentives
will be given for senior housing
development such as reduced parking
standards, reduced unit sizes, increased
heights, and increased maximum lot
coverage. As senior housing projects are
received, the City will hold pre-application
meetings to discuss opportunities for higher
densities and zoning incentives to
maximize the potential for each project.
This program will be completed on a caseby-case basis.
The City did not receive any
applications for senior
housing projects in 2024
129
Program 8C.
Assist in the development of housing for
farmworkers. Actions will include
assistance with site identification and
support of applications for funding. The City
shall provide technical assistance when
needed, and continue to conduction preapplication conferences and meet with farmworker housing developers on an
ongoing basis. Actions include:
- Post information on the Community and
Economic Development Department
website within 1-year of Housing Element
adoption. 111 | P a g e Information includes
a site inventory and available land, housing
resources and grant information.
- Contact farmworker housing developers
to determine interest and identify
constraints to farmworker housing
development within the City.
The City continues to assist
in the development of
housing for farm workers.
Through the $11.8 million in
ERF funds and $2.5 million
in CCAH funds, 58
permanent supportive
housing units will be
developed for special needs
groups. The project is
subject to a 55-year deed
restriction for affordable
housing and will broadly
target all low-income
households, including
farmworkers. Housing
resource information has
been posted on the City’s
website.
https://losbanos.org/wpcontent/uploads/2023/08/Ho
using-Division-Brochure.pdf
Program 8D.
The City will work with the agricultural
community, housing providers and
agricultural groups to develop and build
year-round and seasonal agricultural
worker housing. This will require an
analysis of prime agricultural areas in the
City to identify suitable locations for at least
20 units of farmworker housing. Information
gathered from this analysis shall be
provided, in conjunction with Program 8C,
to agricultural and affordable housing
developers in a manner conducive to their
use for developing the actual units. In
addition, the City shall invite developers
and local farmworker organizations to be
involved in the Housing Element update
and other housing related activities.
The City continues to
support the development of
farmworker housing and
seeks opportunities to
collaborate with developers
and local farmworker
organizations through
implementation of the 6th
Cycle Housing Element
Update.
In 2024 the City identified a
suitable site for the One
Tree Village Permanent
Supportive Housing Project,
consisting of 58 permanent
supportive housing units.
The project will be a general
affordable housing
development, potentially
including housing for yearround or seasonal
agricultural workers.
130
Program 8E.
The City will encourage and support State
and Federal funding applications for farm
worker housing and supportive
infrastructure by providing technical
assistance when needed, and continue to
conduct pre-application conferences and
meet with farm worker housing developers
on an ongoing basis. Technical assistance
can include but is not limited to information
gathering, peer review of State and Federal
funding applications and assistance in
finding suitable sites for farm worker
housing. Additionally, the City will provide
information on County farm worker housing
through the Housing Authority of Merced
County.
The City's efforts have
focused on securing the
$11.8 million in ERF funds
and $2.5 million in CCAH
funds for the 58-unit
Permanent Supportive
Housing Project but
continued to encourage and
support funding applications
for farmworker housing and
supportive infrastructure as
needed. As part of the effort,
the City has kept the RFP
for the “One Tree Village
Permanent Supportive
Housing Project" open to
consider new projects as
grants become available.
Additionally, the City issued
an RFQ to explore future
opportunities.
ogram 8F.
The City will amend Title 9, Chapter 3 to
allow for the location of Single Room
Occupancy (SRO) uses as a conditional
use in the High Density Residential District
(R-3) and adopt development standards
that allow and accommodate the inclusion
of new SRO’s. Development standards
may include:
- Ensure development standards that do
not constrain the development of SROs,
the City will adopt development standards
that include:
- Requirements for a management plan
outlining policies and procedures;
- 24- hour on-site management;
- Room limitation to single occupancy, with
allowance for overnight guests;
- Units must be 250-300 square feet in
size and include kitchen or bathroom; and
- Parking ratio of one space per unit and
bicycle rack storage of one rack per 5 units
On April 1, 2020, the City
established development
standards for Single Room
Occupancy (SRO) housing.
(Ordinance No. 1182)
Program 8G.
The City will review and amend if
necessary, Title 9, Chapter 3, Article 23:
Site Plan Review to ensure the Planning
Commission criteria for approval and
findings are not a constraint to the
development of housing requiring Site Plan
Review.
The City reviewed Title 9
Chapter 3 Article 23: Site
Plan Review and concluded
that there were no
constraints to housing
development.
131
Program 8H.
The City will review and amend if
necessary, Title 9, Chapter 3 to ensure that
Transitional and Supportive Housing
complies with Senate Bill 2. If necessary,
the City shall amend the Zoning Ordinance
to permit Transitional and Supportive
Housing as a residential use in all zones
allowing residential uses and only subject
to those restrictions that apply to other
residential dwellings of the same type in the
same zone. In addition, the City shall
amend Article 2: Definitions to include
Transitional and Supportive Housing and
Target Population, per Senate Bill 745.
On March 18, 2020, the City
amended Title 9, Chapter 3
to permit transitional and
supportive housing as a
residential use, which is
subject to only those
restrictions that apply to
other dwellings of the same
type in the same zone.
(Ordinance No. 1182)
Program 8I.
The City will review and amend if
necessary, Title 9, Chapter 3 to ensure
Housing for Farmworkers is consistent with
the Employee Housing Act (Health and
Safety Code Section 1700 et. seq.),
specifically, Sections 17021.5 and 17021.6.
On December 2, 2020, the
City amended Title 9
Chapter 3 related to
Employee Housing to
comply with the California
Health and Safety Code
Sections 17021.5 and
17021.6.
(Ordinance No. 1188)
132
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 4, 2026
Regarding: Notice of Public Hearing
Proposal: 2025 General Plan and Housing Element Annual Progress Report (APR) NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider the City of Los Banos General Plan and Housing Element Annual Progress Report (APR) for calendar year 2025, prepared pursuant to California Government Code Section 65400, which requires all jurisdictions to report annual on the status and implementation of their General Plan and Housing Element.
The City Council will also consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant Section 15061(b)(3) of the CEQA Guidelines as the Annual Report has no significant effect on the environment.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, March 18, 2026 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced items may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the virtual public hearing and present testimony concerning the items listed above. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
133
THIS PAGE IS INTENTIONALLY LEFT BLANK
134
1 Agenda Staff Report
TO: Mayor Michael Amabile and City Council Members
FROM: Nirorn Than, City Manager
DATE: March 18, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Second Amendment to the Professional Services Agreement with Imagine Way More LLC. for media content capturing and production services ______________________________________________________________________ Recommendation:
That the City Council adopt the resolution approving the Second Amendment to the Professional Services Agreement with Imagine Way More, LLC, for media content capturing and production services and authorizing the City Manager to execute the same.
Background:
On January 3, 2024 City Council adopted resolution no. 6723 awarding a contract to Imagine Way More, LLC, for social media content services in order to maximize Los Banos’s online presence through diverse, engaging, and tailored content. This service was solicited through an RFP published on the City’s website and in the Merced Sun Star.
On January 5, 2025 this contract was extended by one year to January 5, 2026.
To date, Imagine Way More, LLC. has provided professional visual media services including photography, videography, drone imaging, event coverage, and short‑form digital content creation in order to support City communication efforts.
ITEM 12
135
2 As the City expands its communications capacity, including the addition of a future Public Information Officer (PIO), high‑quality, timely media content has become essential in supporting effective communication with residents.
This amendment also represents a key component of a comprehensive public engagement overhaul currently underway. This broader initiative includes:
• Regular social media updates to improve transparency and real-time community information
• A refreshed City website aimed at improving accessibility, modernizing design, and enabling more intuitive navigation
• Public input and engagement efforts, including in-person and digital feedback opportunities
• Enhanced storytelling and project visibility through consistent multimedia communication
The continued partnership with Imagine Way More LLC is vital to this effort, as highquality visual content is foundational to the City’s strategy for improving how information is shared with the public. As previously posted, the consultant has delivered consistent, professional media capturing:
• City projects and infrastructure improvements
• Events and community programs
• Public safety and departmental initiatives
• Recruitment contents
As the City’s communication needs grow, the existing contract’s scope and authorized compensation have reached their limits. Contract Amendment No. 2 is necessary to maintain continuity and advance the City's expanded public engagement strategy.
Discussion:
This 2026 proposal outlines an updated and structured scope of services, continuing their role as the City’s content capture andmedia production partner. Monthly services include:
• Professional photography and edited photo galleries
• Short-form vertical videos for social media platforms • Story-driven videos highlighting City initiatives
• Drone footage where permitted
• Event video/photo coverage
• Interviews and on‑location media capture
• Project update videos documenting infrastructure progress • Organized digital delivery of all media assets
136
3 These deliverables will support the PIO and City departments as part of the broader public engagement overhaul.
Fiscal Impact:
Contract Amendment No. 2 authorizes a flat monthly retainer of $5,000 per month, consistent with the proposal submitted by Imagine Way More LLC. This is a total of a $2,500 monthly reduction from the previous contract. The contract term is for two years (to January 6, 2028).
The total savings from this contract will be repurposed to bring on a future Public Information Officer (PIO).
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Professional Services Agreement & Amendment No. 1 (contract extension)
3. Contract Amendment No. 2
4. Revised Scope
137
THIS PAGE IS INTENTIONALLY LEFT BLANK
138
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS APPROVINGAND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT WITH IMAGINE WAY MORE LLC FOR
MEDIA CONTENT CAPTURING AND PRODUCTION
SERVICES
WHEREAS, the City of Los Banos (“City”) has an existing professional services agreement (“Agreement”) with Imagine Way More LLC (“Contractor”) for social media services supporting City communications; and WHEREAS, since the Agreement’s inception, the City has expanded communications capacity, which has increased the need for high‑quality, timely media content across digital platforms; and
WHEREAS, Contractor has proposed continuing services as the City’s content capture and media production contractor, providing monthly deliverables such as photo galleries, short‑form vertical videos, story‑driven videos, project/progress updates, event coverage, interviews, and drone imagery when permitted, with organized delivery of media assets for City use, under a flat monthly retainer; and
WHEREAS, funds for these services are available and budgeted for in the City Fiscal 2025-2026 budget; and
WHEREAS, the City Council finds that approval of Amendment No. 2 is in the best interest of the City and will further the City’s goals of transparency, accessibility, and timely communication with residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approves and authorizes the City Manager to execute the Second Amendment to the Professional Services Agreement with Imagine Way More, LLC, for media content capturing and production services.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March, 2026, by Council Member __________ who moved its adoption, which motion was duly seconded 139
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
140
THIS PAGE IS INTENTIONALLY LEFT BLANK
141
Imagine Way More, LLC
814 Colorado Ave
Los Banos, California 93635
Attn: Gabriel 0. Ortiz Lepe
LOsBanos
t lu· ( n 1/1{ ll ,,, I
April //,, 2025
Re: Extension Notice
Social Media Content Services
Dear Mr. Ortiz Lepe:
It has come to my attention that the professional services agreement between Imagine Way More and City to provide social media services was not extended in writing as required by the terms of the Agreement. It is my understanding that the prior City Manager verbally notified you of the extension but did not follow up in writing. I also note that you have been satisfactorily providing the services set forth in the agreement in reliance on the verbal extension.
After giving it some thought and in consideration of the foregoing circumstances, please consider this letter written notice by the City confirming the extension of the professional services agreement for an additional one year term retroactive to 30 days prior to January 5, 2025. The extended term shall be on the same terms and conditions set forth in the original professional services agreement dated January 10, 2024 and shall terminate on January 5, 2026 unless terminated earlier and/or extended in accordance with the terms of the professional services agreement. ·
Please provide the City within ten (10) days of the date of this letter the required certificates of insurance as required by Section 8 of the professional services agreement.
MJ
Gary Brizz ,
Interim City Manager
142
ACKNOWLEDGMENT
AGREED AND ACCEPTED on April.Jo, 2025.
Imagine Way More, LLC, a California limited
liability company
143
ACORD• CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYVYY) ~ 12/29/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ln) must have ADDITTONAL INSURED provislona or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polk:lu may require an endonemant. A statement on this certificate do.a not confer rights to the certificate holder In lieu of such endorumentfsl.
PROOUCER Sffl~CT THIMBLE http$://suppoft.thlmble.com/
Verifty Insurance Services, LLC OBA Thimble Insurance SeMces PHONE I fe. ~-\· 17<1 West 4th Street. Suite 204 •- MA r-•"1 , E-MAIL New [email protected] York. NY 10014 ..... D.,.C, https://supr,ort.thimble.com/ INS' ID .. D•SI AffOfU)ING COVERA~ ,we, IN&\JRERA : 11.1 .. tlnn,ol ~ ......... -... -- 22608
INSURED INSU-B • Imagine Way More LLC
814 ColOrado Ave, Los Banos, CA, 93635 _,....., C :
[email protected] INSUHRD :
INSURER E:
INSUDS'D F . httos:/lwww.thimble.com/check-nnlicv-status/ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE Of INIURAHCE """""VNUMUR POUCYEFF POLICY EXP LTJI LIMITS ···-- ···- X COMMERCIAL GENERAL UA!IIUTY 01/08/2025 01/08/2026 EACH OCCURRENCE s 2000000 - D CLAIMS-MADE w OCCUR 10:16AM 10:16AM ~~!~~.~--· $ 1 nn IV\I\ - · PST PST MEO EXP (Any - .,.,,.,,,11 s 5000 - A y y IBL-F37THB9T4·1 F'ERSONAL & ADV INJURY $ 2,000,000 - GEN'l AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE s 2.000.000 POLICY ~& □ LOC PRODUCTS· COMP/OP AGG s 2000000
on+ER: $
AUTOMOBILE UABIUTY ~~llNGLE LIMIT $ ,- AJ-IYAUTO BOOJLY INJURY (Per pemn} $ ,__ OWNEO - SCHEOULEO BOOILY INJURY (Per accl<lenl) $ ,_ AUTOS ONLY - AUTOS HIRED NOH-OWNED r~J:.~1:!,,'?"'MAGE $ ,_ AUTOS ONLY - AUTOS ONLY $
UMBREUAUAB HOCCUR EACH OCCURRENCE s - - EXCESSLIAB CUUMs-MAOE AGGREGATE s OED I I RETENTION s s WOfU<ERS COMPENSATION I~~= I ,~it•· AND EMPLOYERS' UABlUTY YIN »lV PROPRIETORIPARTNER/EXECUTIVE □ N/A E.L. EACH ACCIOENT s OFFICER/MEMBER EXCLUDED?
(Mandetory In NH) E.L. DISEASE - EA EMPLOYEE S II Y'9$ , delCl'ibe undo< ""SCRIPTJON OF OPER.4TIONS below E.L, OISEASE • POI.ICY LIMIT s A Professional liability - Occurrence y y IBL·F37THB9T4·1 10:18AMPST 10:18AMPST EACH OCCURAs:NCE s 2,000000 AGGREGATE s 2.000 000
s
s
DESCRIPTION Of' OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal "-marlla SchKui.. may be Mtached If ll10N ·-~ rcon't on form A.cotd 101 \
CERTIFICATE HOLDER CANCELLATION
City of Los Banos
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 520 J Street Los Banos, CA 93635 THE EXPIRATION DAT£ THEREOF, NOTICE WU.L BE DELIVERED IN ACCORDANCE WITH TltE POLICY PROVJSIONS.
AUTiiORIZE> R!Pfll!IENTATM! JJ2•1dtf} I
C 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 144
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
IMAGINE WAY MORE, LLC
THIS SECOND AMENDMENT TO AGREEMENT (“Second Amendment”) is made and entered into this day of 2026, by and between the City of Los Banos, a California municipal corporation (herein referred to as “City”) and Imagine Way More, LLC, a California Limited Liability Company (herein referred to as “Contractor”).
RECITALS
A. WHEREAS,City and Contractor entered into aprofessionalservices agreement dated January 3, 2024 (“Agreement’) and subsequent First Amendment regarding social media content services; and
B. WHEREAS, City and Contractor desire to amend the Agreement modify the scope of services per Exhibit A; and
C. WHEREAS, City and Contractor desire to extend the term of agreement for an additional two years to January 6, 2028.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree asfollows:
1. Scope of Services. The scope of services shall be amended as set forth in Contractor’s Service Proposal dated March 9, 2026 attached hereto as Exhibit A and incorporated herein by this reference.
2. Compensation. Contractor’s additional compensation for all work performed in accordance with this Second Amendment for additional work, including all reimbursable items, shall not exceed $5,000.00 per month as set forth herein unless authorized in writing by the City.
3. Entire Agreement. All of the terms and conditions of the Agreement and the First Amendment not modified by this Second Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this second amendment on the dates set forth below.
Imagine Way More, LLC. a California
Limited Liability Company
Date: , 2026
Title:
145
CITY OF LOS BANOS, a California
municipal corporation
Date: , 2026
by:
Title:
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
Mary Lerner, City Attorney
146
IMAGINE WAY MORE LLC
CONTENT PRODUCTION & MEDIA CAPTURE SERVICES
Purpose
Imagine Way More LLC is proud to continue supporting the City of Los Banos by providing professional photo and video media services that document city initiatives, projects, and community engagement. As the City expands its communications efforts with the addition of a Public Information Officer (PIO), Imagine Way More LLC will focus on capturing high-quality visual content that supports the City’s storytelling and public communication efforts across digital platforms.
Scope of Work
Imagine Way More LLC will serve as the City’s Content Capture and Media Production Partner, providing ongoing short-form media content for city communications.
Services may include:
• Photo and video coverage of city events and community programs • Visual documentation of city projects, developments, and infrastructure updates • Short-form vertical video content for social media platforms • Interviews and on-location media capture as requested • Drone footage when applicable and permitted
• Photo galleries for departments and city initiatives
• Organized delivery of media assets for city use
Content will be delivered in formats suitable for use across the City’s communication platforms.
Monthly Deliverables
Deliverables will vary depending on city projects, events, and communication priorities, but typically include the following:
- Edited Photo Galleries:
Professionally edited photo galleries documenting city events, infrastructure updates, community programs, and departmental activities. Photo coverage may include both ground photography and aerial drone imagery when appropriate.
- Completed Story Videos:
Short-form story-driven videos highlighting city initiatives, projects, and community efforts. These videos may feature the Public Information Officer or city staff providing context and updates on important developments throughout the community.
- Project & Progress Updates:
Short visual updates documenting progress on city projects such as parks, infrastructure improvements, construction updates, or other city initiatives. These videos help keep the community informed about ongoing developments.
- Event Coverage Videos:
Video coverage of city events including interviews with staff, community members, and participants.
These videos capture the energy of community gatherings and highlight the City’s engagement with residents.
147
Additional Projects
The monthly retainer covers routine social media content capture and media production supporting city communications. Larger standalone projects that fall outside routine city storytelling—such as long-form productions such as: marketing campaigns, long-form recruitment videos, or multi-day production efforts—may be quoted separately if needed.
Billing
Services will be provided under a flat monthly retainer of $5,000.
The retainer covers ongoing media capture, photography, video production, and visual storytelling services supporting the City’s communication efforts.
An invoice will be issued once per month and will include a summary of activities completed during that month for documentation purposes. These items are listed for reporting and transparency and do not affect the flat monthly rate.
Gabriel Omar Ortiz Lepe
Imagine Way More LLC
CEO / Creative Director / Market Strategist
IMAGINE WAY MORE. | [email protected] | (209) 587-9063 148
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Minerva Moreno, Finance Director
DATE: March 18, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Approval of Three-Year Managed IT Services and City Council Chamber SB 707 Upgrade Agreement with Mid Valley IT
Recommendation:
It is recommended that the City Council approve the three-year Managed IT Services Agreement with Mid Valley IT, including Attachments A–D, and authorize the City Manager to execute the agreement.
Background:
The City of Los Banos currently contracts for managed IT services to support daily operations, cybersecurity, infrastructure maintenance, and technology planning. The City issued a request for updated service proposals to ensure continuity of service and compliance with new operational and legislative requirements, including SB 707.
Mid Valley IT has provided a comprehensive proposal for a fixed monthly managed services agreement, along with additional audio/visual upgrades required for SB 707 compliance.
Discussion:
Managed IT Services Agreement Overview
Mid Valley IT proposes a three-year fixed support agreement beginning April 1, 2026, which includes:
• Unlimited remote support
• Unlimited on-site support
ITEM 13
149
• Regular stop-by service
• 48-hour standard response time
• 4-hour emergency response
• Network documentation and capital planning
• Anti-virus hosting and monitoring tools
The agreement states:
“This document is to serve as a 3-year agreement between Mid Valley IT and the City of Los Banos… Support Agreement shall commence on: April 1, 2026.” The monthly fixed cost for IT services is $12,877, with a 3.5% annual cost-of-living increase.
Additional subscription-based services include:
• EDR Anti-Virus – $5/device
• Duo 2FA – $3/user
• Inky Email Filtering – $2.40/user
• Microsoft 365 – at Microsoft published rates
• Backup Services – $2,380/month
SB 707 Compliance – Audio/Visual Modernization Project
SB 707 requires public agencies to support remote public participation via phone or videoconference. Mid Valley IT’s proposal includes a comprehensive modernization of the Council Chambers’ AV systems.
The proposal notes:
“SB707 requires Public entities to allow the public to remotely participate via Phone or Video-conference.”
The project includes:
• New VTC (Zoom/Teams) PC
• Optional VOIP phone backup integration
• New staff/clerk tables with microphones and monitors
• Replacement of main chamber displays
• Automated production switching and graphics system
• On-screen speaker timer
• New wireless microphones
• Streaming and recording upgrades
• Replacement of end-of-life Crestron Digital Media system with Video-over-IP • New master controller and remote support PC
150
The total project cost is $358,273.80, broken down across nine sub-projects (e.g., Production Upgrades: $165,267.45; New Staff Tables Upgrade: $38,653.30).
Insurance Requirements
Attachment A outlines standard City insurance requirements, including:
• Workers’ Compensation
• General Liability ($1M per occurrence / $2M aggregate) • Auto Liability ($1M)
• Additional insured endorsements
• 30-day cancellation notice
The agreement states:
“Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.”
Terms, Protections, and Responsibilities
Key provisions include:
• 30-day cancellation notice by either party
• Indemnification clauses for both City and Contractor
• Force majeure protections
• Non-solicitation clause for two years post-termination • Annual 3.5% cost-of-living increase
• Client responsibility for notifying Contractor of litigation holds • Contractor not liable for data loss due to system failures Fiscal Impact:
The agreement includes:
• $12,877/month for managed IT services
• $2,380/month for backup services
• Additional per-user/device subscription fees
• $358,273.80 one-time cost for SB 707 compliance and AV modernization Funding for the Services is available within the Information Technology budget.
Additional funding for the AV Modernization Project is available in account 212-410-100- 752, supported by the San Joaquin Air Pollution Control Board Grant and PEG Franchise Fees.
Reviewed by:
151
_________________________________ _________________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. IT Managed Services Agreement with Mid Valley IT
Attachment A – Insurance Requirements
Attachment B – Pricing
Attachment C – SB 707 Compliance Summary
Attachment D – Full Project Scope of Work
152
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A
THREE‑YEAR MANAGED IT SERVICES
AGREEMENT WITH MID VALLEY IT AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME
WHEREAS, the City of Los Banos requires ongoing managed information technology services to support City operations, cybersecurity, infrastructure maintenance, and strategic technology planning; and
WHEREAS, Mid Valley IT has submitted a proposal to provide comprehensive managed IT services, including unlimited remote and on‑site support, network monitoring, antivirus hosting, capital planning, and technology documentation; and WHEREAS, the proposed agreement establishes a three‑year term beginning April 1, 2026, with a fixed monthly cost of $12,877 for IT services, a monthly backup services cost of $2,380, and additional subscription‑based services billed per user or device; and
WHEREAS, the agreement includes a 3.5% annual cost‑of‑living increase, standard indemnification provisions, insurance requirements, and termination procedures consistent with City policy; and
WHEREAS, the proposal also includes a one‑time project cost of $358,273.80 for audio/visual modernization and SB 707 compliance, including upgrades to the Council Chambers’ display systems, microphones, video switching, production equipment, and remote participation capabilities; and
WHEREAS, the City has reviewed the proposed agreement, including Attachments A through D, and finds that the services and improvements are necessary to maintain operational continuity, enhance cybersecurity, and comply with state law; and
WHEREAS, funding for the agreement and associated project costs is available in the Information Technology operating budget and applicable Capital Improvement Program allocations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves the three‑year Managed IT Services Agreement with Mid Valley IT, including Attachments A, B, C, and D, as presented and authorize the City Manager to execute the agreement.
153
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March 2026, 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
154
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
62 City of Los Banos
Nirorn Than
520 J Street, Los Banos, CA 93635
Phone: 209.827.2422
Prepared For:
IT MANAGED SERVICES
FIXED AGREEMENT
155
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
WEBSITE REDESIGN
KEY CONTACTS
Thank you for the opportunity to bid on your
Managed IT Support Services. This contract
includes these unique benefits:
Inventory Flexibility: Increasing the number of
supported equipment will not increase your
monthly rate until your annual inventory audit
(every 36 months).
Subscription Services (EDR, Duo, Inky, Microsoft
Office 365 Licenses, etc…) will be billed based
upon actual monthly usage.
Local Service: With offices in Merced and
Stockton we are able to quickly respond to all of
your support needs.
Cullen Byrne
Owner
Tom Leach
Owner
Joy Alexander
Director of Inside Sales
c
Management Team:
Corri Silveira
Director of Engineering
Matt Ftacek
NOC Manager
Nick Weems
Enterprise Solutions
Architect
COVER LETTER
MID VALLEY IT
156
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
WE HAVE THE TOOLS HELP YOUR
ORGANIZATION SUCCEED
REMOTE SUPPORT
During business hours this agreement SERVICES
includes unlimited remote support from
our internal Network Operations Center
(NOC).
Comprised of high-level engineers, the
NOC are experts in resolving most issues
quickly.
ON-SITE SUPPORT
During business hours this agreement
includes unlimited On-Site support from
assigned City engineer
Client has an onsite Primary Engineer as
well as access to our entire engineering
team. Client also has a project manager.
Regular stop-by schedule to be determined.
STRATEGIC TECHNOLOGY PLANS
This agreement includes the creation of
Inventory, Capital Replacement Plans,
Yearly Budgets & Network Documentation.
Every document prepared under this
contract is property of the Client.
ANTI-VIRUS/MONITORING TOOLS
This agreement includes enterprise level
Anti-Virus hosting and network monitoring
tools on all computers and servers.
Client will never have to purchase these
tools as long as you are with Mid Valley IT.
MID VALLEY IT
157
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
THE SOLUTION
PEACE OF MIND
DATA BACKUP
A managed backup service from Mid Valley IT ensures that all files are automatically backed up as frequently as every 15 minutes if needed. How much is your data worth? Supreme Flexibility means you can
recover your data from nearly any
point in time, whether it is just one file
or a full restore.
Recover Your Data to Dissimilar
Hardware means you can perform a
bare metal restore of your data to
dissimilar hardware. You don’t have
to worry about purchasing that new
server anymore.
Delta level technology means never
having to do another full backup,
drastically reducing the backup
time, storage space, network traffic,
and workload of your servers.
Fully Managed System means that
we monitor the software to ensure it
is always working, and will act
immediately if there is an issue.
THE CHALLENGE
Your business data is the
lifeblood of your company
and the amount you are
collecting and storing is
growing all the time.
Imagine the impact if you
lost a day’s data, a week’s
data, a year’s data, due to
inadequate or infrequent
back-up processes. What
would happen, could you
recover?
159 158
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
SUPPORT OPTIONS
Additional Services will be
detailed in Attachment B.
ADDITIONAL
SERVICES
This is the UPGRADED support
that includes everything in the
HERCULES support in addition
to faster response times and
additional protection:
Custom URL Security
Same Day Response*
2 Hr Emergency Response
Security Awareness Training
2-Factor Authentication
*Same day response is
guaranteed for any ticket
created before 2pm.
This is the enterprise level
support that the majority of
our clients enjoy. It has
excellent response along with
premium support:
Unlimited Remote Support
Unlimited On-Site Support
Regular Stop-By Service
48hr Response Time
4 Hr Emergency response
Network Documentation
5 Year Capital Plan
Technology Planning
Anti-Virus Hosting
Single Level URL Security
ZEUS
SUPPORT
HERCULES
SUPPORT
N/A $12,877
16TB
TB
ADDITIONAL SUPPORT
CLIENT INITIALS __________
SELECT HERCULES SUPPORT
CLIENT INITIALS __________
SELECT ZEUS SUPPORT
CLIENT INITIALS __________
EMERGENCY RESPONSE TIME UPGRADES
Zeus Support: Upgrade to 1 hour for +$___________ Client Initials____________ Hercules Support: Upgrade to 3 hours for +$___________ Client Initials____________ Hercules Support: Upgrade to 2 hours for +$___________ Client Initials____________ Hercules Support: Upgrade to 1 hour for +$___________ Client Initials____________ I CHOOSE TO DECLINE OFF-SITE BACKUP: CLIENT INITIALS __________ 159
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
MONTHLY FIXED SUPPORT AGREEMENT
COSTS AND FEES
MID VALLEY IT
This document is to serve as a 3 -year agreement between Mid Valley IT and the City of Los Banos (Client). The above client agrees the monthly amount as detailed in attachment B to be used for services provided by Mid Valley IT.
Support Agreement shall commence on: April 1, 2026
Service Rates and Charges
Service Type Non-Agreement Agreement
Forensics $300.00 Per Hour $275.00 Per Hour
Design/Consult $275.00 Per Hour $250.00 Per Hour
Senior Level Engineer $250.00 Per Hour $235.00 Per Hour Engineer $195.00 Per Hour $175.00 Per Hour
Monday – Friday, 8:00am – 5:00pm
After-Hours / Saturdays Projects Only Time and 1/2
Monday – Friday, 5:00pm – 8:00am Projects Only Time and 1/2 Saturday (All Day)
Sunday / Holiday Support Projects Only Double time
Our team is fully charged and ready to go! We are excited for the opportunity to prove ourselves once again to a new organization. Our engineers are aware of the possibility and are eager to get started.
WE ARE READY!
160
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
A. Mid Valley IT gives said support agreement client a guaranteed response time of 4 hours for all emergency service calls. An emergency is identified as either 50%+ Network Down or Critical Application Failure. Any other service request may be upgraded to an emergency classification at a cost of $300.00.
B. Travel is included as part of this agreement.
C. Either party may cancel this agreement at any time. Canceling party must give 30 days’ written notice as to the reason for cancellation. All unpaid service dollars shall become due and payable upon cancellation.
D. Every document prepared under this contract is the exclusive property of the Client. No information prepared under this contract may be made available to any individual or organization without the Client's prior approval.
E. The Client shall defend, indemnify, and hold the Contractor, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the Client, its officers, agents or employees.
F. The Contractor shall defend, indemnify, and hold the Client, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the Contractor, its officers, agents or employees. "
MONTHLY FIXED SUPPORT AGREEMENT
CONTINUED
MID VALLEY IT
161
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
G. Under no circumstance is Contractor responsible for damages resulting from data loss, work interruptions, or system failures / crashes related to the Client’s system, servers, computers, mobile device, or other electronic systems.
Contractor is not responsible for failure of the backup system due to physical failure, or omission of data from the backup job. It is the Clients sole responsibility to notify the Contractor if a litigation hold is in place on any of the Client’s systems and to verify the proper operation and configuration of the backup systems.
H. Neither party shall be held liable for any delay or failure in performance of all or a portion or the Services of any part of this Agreement from any cause beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, power blackouts affecting facilities other than facilities of a kind commonly protected by redundant power systems, unless such redundant power systems are also affected by any Force Majeure condition, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
I. During the term of this Agreement and for a 2-year period after any termination of this Agreement, Client, will not, without the prior written consent of Mid Valley IT, either directly or indirectly, on Client’s own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by Mid Valley IT or any customer of Mid Valley IT.
J. Every twelve months, following the start date of this agreement, a cost-ofliving increase of 3.5% shall be assessed to the monthly dollar amount of this agreement.
K. Invoices are due and payable by the 1st of the month receiving support.
Once an invoice reaches 30 days past due, client shall be placed on a support hold until payment arrangements have been approved.
MONTHLY FIXED SUPPORT AGREEMENT
CONTINUED
MID VALLEY IT
162
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
L. MISCELLANEOUS PROVISIONS
a. Waiver. The Client's waiver of a breach of term is not deemed a waiver of any subsequent breach of the same term.
b. Cost of Litigation. If legal action is necessary to enforce this contract, the prevailing party is entitled to receive all costs and expense including reasonable attorney's fees and costs of arbitration or litigation. c. Entire Contract. This document, together with the attachments, is the entire contract. Any modification must be in writing and signed by the parties. d. This contract shall bind and inure to the benefit of the heirs, successors, and assigns of the parties; however, Contractor shall not subcontract or assign this contract without the prior written consent of the Client. e. If the Contractor is compelled to provide testimony or otherwise appear for matters (subpoena’s, depositions or similar) related to the client, client is responsible for paying Contractor’s hourly rate (including travel) of $275.00 per hour.
M. Any new equipment installed into the client’s environment shall incur a labor fee for installation. Mid Valley IT shall notify client, and quote, any work that may require additional labor prior to any work being completed. Client reserves the right to either approve or decline any quote at their discretion.
N. Required insurance in connection with the services to be performed by Contractor are set forth in Attachment A, attached hereto and incorporated herein by this reference."
MONTHLY FIXED SUPPORT AGREEMENT
CONTINUED
MID VALLEY IT
163
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
By signing below, both the client and Mid Valley IT agree to the above terms and conditions. This agreement shall commence on the date signed and run for 3 years.
This agreement shall supersede all other agreements (either written or verbal) and shall be the document referenced for the support guidelines for the above client. Once the term has been reached, this agreement shall auto-renew on a monthly basis until such time as written notice is given for either cancellation or term changes.
Mid Valley IT Client
________________________ ________________________
Print Name Print Name
________________________ ________________________
Title Title
________________________ ________________________
Date Date
________________________ ________________________
Signature Signature
164
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
ATTACHMENT A
STANDARD CITY INSURANCE REQUIREMENTS FOR CONTRACTORS AND
CONSULTANTS
Insurance. Without limiting Contractor’s indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. iii. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
165
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor’s operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
166
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
Attachment B – Pricing
Item Billing Type Price Rate Increase
IT Services Fixed Monthly Cost $12,877 Fixed 3.5% per year EDR (Next Gen Anti-Virus) Monthly Consumption Per Device $5 Fixed 3.5% per year Backup Fixed Monthly Cost $2380 Fixed 3.5% per year
Duo Two Factor Authentication Monthly Consumption Per User $3 Fixed 3.5% per year Inky E-Mail Filtering & Protection Monthly Consumption Per User $2.40 Fixed 3.5% per year Microsoft 365 Subscriptions Monthly Consumption Per SubscriptionVaries Microsoft Published Price Audio Visual Support Services
• Engineer (Design, Project, Field)
• CAD
• Programmer
• Field Technician
• Project Manager
Hourly Time and Materials
$220/hr
$165/hr
$220/hr
$165/hr
$165/hr
Fixed 3.5% per year
SB 707 Audio Visual Equipment One Time Cost for Equip. & Labor NTE $358,273.80 N/A 167
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
Attachment C – Summary of SB 707 Compliance Project
This proposal is design/build based on plans, site visit, and discussions. We address each of the primary subsystems: Display, Video Switching, Video Production, Audio & Control:
The Display System will be refreshed with new Chamber Main Displays, and new Monitors for Staff Members.
The Crestron Video Switching System is End-of-Life and will be replaced with a Video over IP System.
The Video Production System will be brought up to date with a new Production Switcher and Graphics System that allows for automation assisted switching with automatic overlay of names & titles on closeups of members who are actively speaking. A Speaker Timer will overlay on the video of Public Speakers in the room and Remotely. It includes a new encoder/recorder for enhanced streaming and recording.
The Audio System will be refreshed with new Wireless Microphones, new Gooseneck Microphones for the new Staff tables, and the addition of microphone dynamics enhancement that provides for even speech volume with speakers with different strength voices or varying distances up to 18” away from the microphone.
The Control System will be updated Six small Touch Panels for individual member login and a new Master Controller to support the new automation features. The system includes a Remote Support PC and most diagnostics and minor changes can be handled remotely.
168
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
Attachment D – Full Project Scope of Work Details for SB 707 Compliance Project Scope of Work Details
Projects include the following specific sub-projects:
1) SB707 Compliance – VTC PC with VOIP Phone Backup
Upgrade System to provide backup capability to meet SB707 requirements for remote public participation
a. SB707 requires Public entities to allow the public to remotely participate via Phone or Videoconference.
b. We will add a PC dedicated to Web-based Zoom or Teams Videoconference (included with PCs on Project 9.) We shall call this “VTC PC”.
c. We will use the new Broadcast Switcher (Project 4) to create a version of the Broadcast Signal that never includes the incoming VTC PC, which we then send to Zoom (We don’t want to send their own image back to them. So we send a wide shot of the Chamber when the Public is speaking via VTC.)
d. The VTC Videoconference PC will allow you to meet the SB707 Requirements. However, it would be relatively inexpensive to enable an audio-only backup to Zoom/Teams using a Phone line tied into your system. We understand that your phone line that may currently be accessed via the Touch Panel, is no longer functional. We will implement a VOIP line in the System if you coordinate with your Cloud Phone Provider and pay for the actual Phone Service.
e. Should you choose to implement a VOIP line, this project would include running a VOIP line from the Ethernet Switch to the Audio Processor – both of which are located under the Dais. We would then use the VOIP config and authentication info to configure a VOIP line on the Biamp Audio Processor such that you can make phone calls from the Touch Panel. All parties on VOIP,
Videoconference, or on a microphone will be able to hear each other and interact. This would allow this phone line to be used as a backup should you have any issue with your Videoconference. 169
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
2) Implement AV New Staff/Clerk Tables
a. The City will add two new Staff Tables in front of the North end of the Dais for purposes of accommodating (3) Staff Members and the Clerk.
b. . We have budgeted for:
i. There is already one microphone in this area which is assigned to the Clerk. It will be moved to one of the new tables.
ii. We will provide (3) new microphones that match your existing
iii. We will provide and install (4) new Black Mic Jacks with Mute Switch
iv. We will install and configure a Dante Digital Audio & Control interface for the (4) microphones and Mute
Switches at this location
v. We will provide (4) new 22” Monitors with tilting Desk Stand – (1) for each of the (4) 5’ Staff Tables so the (3) Staff & Clerk can see the Broadcast/Presentation &
Videoconference (Zoom/Teams) signal.
vi. One of those (4) Monitors will be dedicated to the VTC PC.
It will have an associated Wireless Keyboard & Mouse that allows one of the Staff to initiate or end calls and
mute/unmute incoming audio. When there is no
Videoconference, this monitor will show approximately the same signal being broadcast and shown on the other Dais Monitors. Prior to installation, you will be able to decide which location gets this capability.
vii. We will install a new 1x8 HDBaseT/HDMI Distribution System to feed all (4) new monitors. (4) more ports and Receivers will remain available as spares or expansion.
viii. We will install and tune (2) new Dais Speakers with a new 2-channel amplifier
3) New Main Displays
170
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
We will provide and install two 75” Samsung Commercial LCD Displays to replace the existing 75” Displays on the wall. We will also replace the third display (55’) hanging over the left end of the Dais with a new 55” Display. These displays include RS232 Control so they will be automatically turned on and off with the rest of the system. 4) Production Upgrades
We will upgrade the entire Production Switching and Graphics System to allow for some level of automation to allow the system to automatically detect who is speaking and point a camera that allows your Production Operator to simply accept the proposed switches or select a different camera.
a. We will provide a web page accessed software tool called Meeting Editor that allows you to create a list of names for every meeting type (such as City Council or Planning Commission).
Small Touch Panels at the (4) Council Member stations, as well as the City Manager and City Attorney (6 total) to allow members to select their name so they can sit anywhere they want and the system will still know which microphone they are using and can put the correct name and title when there is a closeup of the member speaking. The mayor will use the large Touch Panel already at their station for logging in.
b. The new Production Switcher will intake the (4) existing cameras and the Presentation PC (at the existing Staff Table area). There will be room for the future addition of (3) cameras or other video source inputs. We will install a new 43” monitor in the Control Room
c. A ChyTV Character Generator will allow for identifying graphics for the Meeting Name, Date, & Time. When someone is
speaking, a camera will zoom in for a closeup and the graphic will identify their name and title. By default, you may make a list of Agenda Items that may be recalled by the Operator at the Touch Panel. These may be left generic and stay the same (though may be unique for each Meeting Type such as City Council or Planning Commission), although some entities choose to update the Agendas specific for every meeting.
171
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
d. We will provide a Wireless Keyboard and Mouse that may be assigned to the existing small Computer Monitor at the
Production Workstation. The operator may use the keyboard with the Leightronix Cable TV Server, the ChyTV Character Generator, or the new Auxiliary PC which we have included with the Remote Support Option.
5) On-Screen Speaker Timer over Outgoing Video
a. We will add a Speaker Timer Functionality which will place a Timer Graphic at the bottom of the Broadcast video in place of the Member name, & title.
b. The graphic is Red and Counts down from the starting time selected by the Mayor (e.g. 3 minutes). The graphic turns yellow at a predetermined “warning time” (e.g. 15 seconds) and then red at “0”. We usually have the time start counting up after it passes “0”. However, I believe you may have indicated an interest in having the microphone automatically Mute when the Timer reaches “0”. We can program it either way as you prefer. c. We have included a Media Player that we may use to play a chime sound when the Timer hits “0” seconds.
6) Wireless Microphone
We will replace your existing Handheld Wireless Microphone with two new Handheld Microphone Systems. Each new Shure Handheld Microphone will include a rechargeable battery and charging stand.
We have budgeted to run (2) prebuilt Antenna Cables from the AV Rack to get them over or near the Chamber ceiling area.
This sub-project will also include tuning your audio system to provide a very consistent audio levels whether someone is speaking from 1” or 18” from the microphone.
o Tune Audio System
Three tiers of Dynamics automation will be added to each microphone channel:
▪ Limiting will stop any instantaneous overload
172
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
▪ Compression will reduce any continuing peaks
▪ Leveling will reduce the volume if too much compression is being required at any moment
7) Stream/Record Upgrades
We will replace your existing Streaming Encoder with a device that can perform multiple streaming and recording functions that may be easily started and stopped from the Touch Panel. Functions include:
a) Create a stream that may be sent to YouTube or other streaming providers.
b) Record Audio only (mp3); Audio/Video file (mp4), or both. c) The stream and recordings may be started and stopped simultaneously as you wish.
d) The recordings may be automatically uploaded, if desired, to any authenticated network drive after the recording is stopped at the Touch Panel.
8) Replace DM with IP Video
a. Your primary Presentation Switcher is part of the Crestron Digital Media (DM) architecture, which is based on their proprietary implementation of HDBaseT. This entire DM line has been officially discontinued. Many of the parts are still available for Service, but it is no longer possible to expand your system or replace a dead part that is out of warranty. It is highly recommended that this Switcher and endpoints be relaced now or within the next 12 months.
b. We have provide a budget to replace the DM System with Video over IP solution. With this solution, there is no central VIDEO switcher. There are just Encoders at your PCs and Decoders at Displays and other links as needed. We propose the following:
i. Encoder 1 – Presentation PC at Staff Table
173
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
ii. Encoder 2 – Broadcast Output that may be sent to all monitors.
iii. Encoder 3 – Leightronix Cable TV Server Output for KVM purposes
iv. Encoder 4 – ChyTV Character Generator - Management
Video
v. Encoder 5 – VTC PC in Rack
vi. Encoder 6 - Spare
vii. Decoder 1 – Main 75” Display Left
viii. Decoder 2 – Main 75” Display Right
ix. Decoder 3 – Hanging 55” Display Left
x. Decoder 4 – Dais Display Distribution Amp
xi. Decoder 5 – HDBT Distribution to Staff Tables
xii. Decoder 6 – Lobby Monitor
xiii. Decoder 7 – Production Switcher Presentation Feed xiv. Decoder 8 – Production Switcher VTC Feed
xv. Decoder 9 – Control Room KVM Monitor
xvi. Decoder 10 – Control Room Multiviewer Monitor
xvii. Decoder 11 – Control Room Final Program Monitor
xviii. Decoder 12 – Staff VTC Operator
xix. Decoder 13 – Spare
9) New Master Controller and Remote Support
a. Your existing Crestron Master (CP3) has been discontinued and replaced by the CP4. The CP3 can be easily replaced later.
However, our custom software runs on this Master Processor and is a bit sluggish on the older CP3 architecture. So we highly recommend updating this piece.
b. We have also included two new Micro PCs required for AV purposes. It will be located in the main AV rack room and accessed from the Production Control Room KVM Monitor,
Keyboard & Mouse.
i. One PC will be added in the Main Rack dedicated to
Videoconference (Zoom/Teams). It may be accessed
ii. The second PC will replace the existing PC being used for operating your Leightronix CATV Video Server.
174
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
iii. The third may also be used to allow Remote Access to your system from a Support Engineer.
1. This same one may also be used for the Character
Generator administration
iv. We will leave your existing Presentation PC on the Staff Table in place and it will continue to be available for Presentations in the Chamber as you are now.
3.0 Services
The following Services are included as part of this project:
• Preinstallation Site Visit
• System Engineering and CAD
o Using the existing PDF drawings as basis, an engineer will review the system connections and update the Audio, Video, Control, and Broadcast Drawings to as-built status.
• System Installation
• System Programming and device configuration
• Project Management and coordination
• 1 year Support and Warranty repair of any new equipment or subsystems,
o Includes Remote Troubleshooting with City on-site support for any issue in order to diagnose if it is related to new equipment or labor.
o Does not include repair of new issues on old equipment
4.0 Acceptance, Training & Documentation
At the completion of installation, a walkthrough shall be performed. Any outstanding issues will be identified and documented at that time. Upon completion of outstanding items, system sign-off by the client contact shall occur.
1-4 hours of training during the span of one visit to the job site for the proposed systems. Training shall include a basic understanding of the purpose of all main components in order to allow a City Representative to better facilitate emergency Remote Support. The project manager shall coordinate with the client to set the date and time of training. All required personnel shall be made available for system training.
175
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
5.0 Infrastructure to be provided by contractor:
The following items represent infrastructure that will be provided by contractor:
• Vontractor shall provide the necessary hardware to mount and install all permanently mounted equipment proposed in this system. • Cable management will be maintained to protect cabling from electrical interference and other destructive sources.
6.0 Customer Responsibilities
Owner-Furnished Equipment (OFE) provided by the customer consists of:
• Provide existing Crestron control code files (done)
7.0 Inclusions, Exclusions & Assumptions
Contractor assumes clear pathways through conduit, walls, and ceilings for cabling, and that all existing equipment is functioning properly.
All equipment removed from the existing system shall be returned to the client for proper disposal or reuse.
Excluded – if applicable
•electrical conduit, junction boxes, and power receptacles •structural in-wall blocking for displays
•site permits
•carpet modification, ceiling grid modification, millwork cut-outs •payment & performance bonds (can be provided for additional cost) V
176
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
Project Totals
# Sub-Project Name Total
1 SB707 Compliance - Phone Backup $16,932.71
2 New Staff Tables $38,653.30
3 New Main Displays $21,857.34
4 Production Upgrades $165,267.45
5 On-Screen Speaker Timer over video $18,529.63
6 Replace Wireless Mic $11,089.65
7 Stream/Record $10,461.74
8 Replace DM with IP Video $58,109.92
9 New Master Controller and Remote Support $17,372.07
$358,273.80
Estimated Timetables
• 4-5 Weeks for equipment procurement
• 3-4 Weeks for installation, programing, and configuration.
Project completion will be determined based on equipment availability and market conditions, and a specific target date cannot be guaranteed at this time.
Please note that due to extreme volatility in the marketplace changes in equipment, pricing, and timeline may need to occur. Every effort will be made to minimize these changes
177
THIS PAGE IS INTENTIONALLY LEFT BLANK
178
Agenda Staff Report
TO: Mayor & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: March 18, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Approving a Cooperative Agreement for Local Improvements between Caltrans and the City of Los Banos for the cost of safety improvements at the intersection of State Route 152 and West I Street and Authorizing the City Manager to Execute the Agreement
_____________________________________________________________________ Recommendation:
That the City Council approve the Cooperative Agreement between the State of California, acting through its Department of Transportation, referred to as Caltrans, and the City of Los Banos for the cost not to exceed $200,000.00 for safety improvements at the intersection of State Route 152 and West I Street as part of the State Route 152 Pavement Anchor Project No. 1018000274, and authorize the City Manager to execute the Agreement.
Background:
In an effort to make SR-152 through the City of Los Banos a more efficient and safer roadway, the Los Banos SR-152 Safety Task Force was established. This group began meeting monthly in December 2019, and includes members of the following agencies:
State of California (Caltrans), City of Los Banos (staff and elected officials), Merced County Association of Governments (MCAG), County of Merced staff, California Highway Patrol, Los Banos Unified School District, and other local entities.
Through these meetings, Caltrans and the City established a list of short-term and midterm safety improvements and congestion mitigation measures to be implemented.
Discussion:
ITEM 14
179
The following is a list of improvements that have been approved by the SR-152 Safety Task Force Work Group for the State Route 152 and West I Street intersection:
1. Add protected left turn lanes and signal phasing for Northbound and Southbound approaches
2. Update existing pavement markings
3. Upgrade curb ramps and sidewalk
4. Change configuration of existing northbound West I Street to dedicated left turn lane and a shared thru/right turn lane with updated pavement markings
5. Upgrade signal heads and timing
This Cooperative Agreement outlines the financial responsibilities of the City, with a not to exceed amount of $200,000 for the improvements, and the invoicing method/timing to the City from Caltrans.
Safety Improvements to the State Route 152 and West I Street intersection are estimated to begin construction by October 2026.
Fiscal Impact:
The City has committed the full project amount from Measure V Regional fund for the West I Street and Pacheco Road Intersection Improvements Project and will utilize these funds toward the Cooperative Agreement with Caltrans. As the project is currently scheduled for next fiscal year, the associated revenue and expenditure appropriations will be included in the Fiscal Year 2026–2027 budget.
Reviewed by:
__________________________ ____________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Cooperative Agreement for Local Improvement
180
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
COOPERATIVE AGREEMENT FOR LOCAL
IMPROVEMENTS BETWEEN THE STATE OF
CALIFORNIA, ACTING THROUGH ITS
DEPARTMENT OF TRANSPORTATION,
REFERRED TO AS CALTRANS, AND THE CITY
OF LOS BANOS FOR THE COST OF SAFETY
IMPROVEMENTS AT THE INTERSECTION OF
STATE ROUTE 152 AND WEST I STREET AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
WHEREAS, Caltrans is in the process of the design and installation of safety improvements at State Route 152 and West I Street; and
WHEREAS, the total City financial obligation of the safety improvements is a not to exceed amount of $200,000; and
WHEREAS, a Cooperative Agreement for Local Improvements between Caltrans and the City of Los Banos outlines the financial responsibilities of the safety improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Cooperative Agreement for Local Improvements between Caltrans and the City of Los Banos for the cost of safety improvements at the intersection of State Route 152 and West I Street and authorizes the City Manager to execute the Agreement.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
181
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 1
COOPERATIVE AGREEMENT
Local Contribution Only
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Los Banos, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
3. For the purpose of this AGREEMENT, This project will replace existing deteriorated pavement to preserve and extend the service life of the pavement structure to improve the overall ride quality and reduce future routine maintenance. will be referred to hereinafter as PROJECT. This 182
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 2
description only serves to identify the PROJECT. The project scope of work is defined in the appropriate authorizing documents per the Project Development Procedures Manual.
4. CITY will contribute an amount of $200,000 to the PROJECT. Contributed funds will be used for the PROJECT.
5. PARTIES agree that funds will be contributed to the following PROJECT COMPONENTS:
• CONSTRUCTION CAPITAL
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
6. PARTIES hereby set forth the terms, covenants, and conditions for CITY contribution toward the PROJECT.
ROLES AND RESPONSIBILITIES
7. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT.
8. CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as shown in the FUNDING TABLE.
9. CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
10. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
11. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
12. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, 183
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 3
PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the work and fulfillment of obligations in accordance with the terms of this AGREEMENT.
However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the work continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
13. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
14. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
In accordance with California law, the Administration Rate is capped at 10 percent for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.
15. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done 184
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 4
or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
16. This AGREEMENT is intended to be PARTIES’ final expression and supersedes any oral understanding or writings pertaining to PROJECT.
INVOICE AND PAYMENT
17. CITY will contribute the funds listed below:
FUNDING TABLE
Fund
Source
Fund
Type
Project
Component Amount ($)
Local Local Construction Capital 150,000
Local Local PS&E 50,000
Total Funds 200,000
18. CALTRANS will invoice CITY for a lump sum (single payment), as a fixed cost, after execution of this AGREEMENT for all State and local funds not allocated to CALTRANS by the CTC.
19. CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of receipt of the invoice.
20. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
21. This AGREEMENT will be terminated when CALTRANS receives full payment of the CITY's funds. However, all indemnification and final accounting articles will remain in effect until terminated or modified in writing by mutual agreement.
185
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 5
DEFINITIONS
FUNDING PARTY - A PARTY who commits a defined dollar amount to the PROJECT.
IMPLEMENTING AGENCY - The PARTY responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component.
PARTY - An individual signatory agency in this AGREEMENT.
PARTIES - The term that collectively references all of the signatory agencies to this AGREEMENT.
SPONSOR - The PARTY that accepts the obligation to secure financial resources to fully fund PROJECT.
This includes any additional funds beyond those committed in this AGREEMENT necessary to complete the full scope of PROJECT.
PROJECT COMPONENT - A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, Section 14529(b). • PID (Project Initiation Document) - The activities required to deliver the project initiation document for the PROJECT.
• PA&ED (Project Approval and Environmental Document) - The activities required to deliver the project approval and environmental documentation for the PROJECT. • PS&E (Plans, Specifications, and Estimate) - The activities required to deliver the plans, specifications, and estimate for the PROJECT.
• R/W (Right of Way) SUPPORT - The activities required to obtain all property interests for the PROJECT.
• R/W (Right of Way) CAPITAL - The funds for acquisition of property rights for the PROJECT.
• CONSTRUCTION SUPPORT - The activities required for the administration, acceptance, and final documentation of the construction contract for the PROJECT. • CONSTRUCTION CAPITAL - The construction contract funds for the PROJECT. 186
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 6
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Florencia Allenger, Project Manager
2015 E Shields
fresno, CA 93726
Office Phone: 559)981-9045
Email: [email protected]
CITY OF LOS BANOS
Jelene de Melo, Engineering Operations Manager
411 Madison Avenue
Los Banos, CA 93635
Office Phone: (209) 827-7056
Mobile Phone: (209) 827-2462
Email: [email protected]
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. 187
Agreement No. 10-0612
Project No.: 1018000274
EA: 10-10-1E980
10-MER-152-18.5/23
Agreement No. 10-0612 | 10-MER-152 | EA: 10-10-1E980
Page | 7
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
Grace Magsayo
District Director
HQ Legal Representative
HQ Legal Rep Title
Verification of Funds and Authority:
Michelle Ishaya
District Budget Manager
Certified as to financial terms and policies:
Lai Saephan
HQ Accounting Supervisor
CITY OF LOS BANOS
Soknirorn Than
City Manager
Attest:
Lucille L. Mallonee
City Clerk
Mary Lerner
City Attorney
188
Agenda Staff Report
TO: Mayor & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: March 18, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Approving a Right of Way Contract and corresponding documents between the State of California, Department of Transportation (Caltrans) and the City of Los Banos for Parcel 17875-1, identified as APN 027-182-001, located at 1301 West I Street and Authorizing the City Manager to Execute the Contract
_____________________________________________________________________ Recommendation:
That the City Council approve the Right of Way Contract and corresponding documents between the State of California, acting through its Department of Transportation, referred to as Caltrans, and the City of Los Banos for Parcel 17875-1, identified as APN 027-182- 001, located at 1301 West I Street, and authorize the City Manager to execute the Contract.
Background:
The State of California, through the Department of Transportation (Caltrans), is acquiring property interests necessary for State highway improvementsalong State Route 152. The subject property, identified as APN 027-182-001 and located at 1301 W. I Street, Los Banos, California 93635, is owned by the City of Los Banos.
Caltrans requires the acquisition of a Highway Easement Deed for Parcel 17875-1 in connection with its SHOPP project (EA 10-1E980) located at State Route 152 and West I Street.
The Right of Way Contract sets forth the terms and conditions of the acquisition. The agreement states that the State shall pay the City of Los Banos the total sum of $4,800.00 as compensation for the property interest conveyed. The compensation amount includes ITEM 15
189
full settlement of all claims related to the property and the proposed highway improvement.
The contract further provides that the State will cover all escrow and recording fees associated with the transaction. The agreement also includes indemnification provisions protecting both parties as outlined in the contract.
Discussion:
Approval and execution of the Right of Way Contract will allow Caltrans to proceed with the necessary improvements to State Route 152. The acquisition has been negotiated in lieu of eminent domain proceedings and represents a mutually agreed upon settlemen t between the City and the State.
The agreement includes standard Title VI compliance language, internal escrow handling by Caltrans District 10, and provisions regarding possession and indemnification.
Authorizing the City Manager to execute the contract and corresponding documents are necessary to finalize the transaction and ensure timely completion of the State highway project.
ENVIRONMENTAL REVIEW:
The project is being undertaken by Caltrans as part of a State highway improvement project. Environmental compliance is the responsibility of Caltrans.
Fiscal Impact:
The City will receive $4,800.00 in compensation for the conveyed property interest ($3,800 for parcel, and $1,000 for agreement to terms). There are no direct costs to the City associated with this transaction, as escrow and recording fees will be paid by the State.
Reviewed by:
__________________________ ____________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
Resolution
Caltrans Cover Letter
Right of Way Appraisal Map
Memorandum of Adjustment
Valuation Summary Statement
Right of Way Contract
Easement Deed
Permit to Enter and Construct
190
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A RIGHT OF
WAY CONTRACT AND CORRESPONDING
DOCUMENTS BETWEEN THE STATE OF
CALIFORNIA, ACTING THROUGH ITS
DEPARTMENT OF TRANSPORTATION,
REFERRED TO AS CALTRANS, AND THE CITY
OF LOS BANOS FOR PARCEL 18875-1,
LOCATED AT 1301 WEST I STREET AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT
WHEREAS, the State of California, acting by and through its Department of Transportation (Caltrans), is undertaking improvements to State Route 152 within the City of Los Banos; and
WHEREAS, Caltrans requires the acquisition of certain property interests from the City of Los Banos for State highway purposes in connection with its SHOPP project (EA 10-1E980) located at State Route 152 and West I Street; and WHEREAS, the subject property is identified as APN 027-182-001, located at 1301 W. I Street, Los Banos, California, and designated as Parcel 17875-1 in the Right of Way Contract dated February 13, 2026; and
WHEREAS, the Right of Way Contract provides that the State shall pay the City of Los Banos the total sum of $4,800.00 as full compensation for the property interest conveyed; and
WHEREAS, the agreement further provides that the State shall pay all escrow and recording fees associated with the transaction; and WHEREAS, the City Council finds that it is in the best interest of the City to enter into the Right of Way Contract and authorize the City Manager to execute the agreement and corresponding documents on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Right of Way Contract and corresponding documents for Parcel 17875-1, and any related documents necessary to complete the transaction, and authorizes the City Manager to execute the same.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of March 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
191
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
192
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 10 RIGHT OF WAY
P.O. BOX 2048 | STOCKTON, CA 95201
(209) 687-2517 | FAX (209) 948-7179 TTY 711
www.dot.ca.gov
February 13, 2026
City of Los Banos
520 J St. CERTIFIED MAIL
Los Banos, CA 93635
10-MER-152; PM 19.60
EA: 10-1E980
Parcel: 17875-1
City of Los Banos:
The State of California, Department of Transportation, is making an offer to acquire a Highway Easement in a portion of your property located at 1301 W I Street Los Banos, CA on the South side of State Route (SR) 152 in Merced County. The property is identified as Caltrans Parcel 17875-1 and as APN 027-182-001.
Enclosed for your review/file:
• Appraisal Map, highlighting the area required for the project • Copy of the Waiver Valuation
• Copy of the Valuation Summary Statement
• Summary Statement Relating to the Purchase of Real Property or an Interest Therein
• Right of Way Contract
• Title VI Brochure
• Your Property, Your Transportation Project Booklet
• Deed for Parcel 17875-1
• Payee Data Record
After you review the documents enclosed, please feel free to contact me at 209-687- 2517 or [email protected] to discuss the offer and any concerns or questions you may have. Upon your approval, please sign the Right of Way Contract, Payee Data Record, and Deed and return them to us in the enclosed, self-addressed envelope.
Note: The Deed must be Notarized with an attached Acknowledgment. Caltrans can assist with notarizing the deed for you free of charge. For notarizing support, please reach out to me directly so we can schedule a date/time.
Sincerely,
Melissa Myers
Right of Way Agent
[email protected]
193
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
1E980-03
APPRAISAL MAP
REVISED TO PTE-C REVISED TO PTE-C
194
State of California California State Transportation Agency
DEPARTMENT OF TRANSPORTATION
“Provide a safe and reliable transportation network that serves all people and resects the environment.” M e m o r a n d u m
To: NANCY QUESADA Date: February 10,2026
Acquisition Branch Chief
District 10 Right of Way File: 10-MER-152
EA: 10-1E980 AR #1
Project Id 10 1800 0274
Parcel 17875
From: MARYANN JACOBS
CURTIS BECHTOLD (ACTING)
Appraisal Branch Chief
District 10 Right of Way
Subject: Memorandum of Adjustment (MOA) for Temporary Construction Easement (17875-2)
The above referenced parcel (subject) was originally appraised and approved on October 16, 2025. It is .632-acres of vacant land triangular shaped, zoned HC, Highway Commercial, its highest and best use. Just compensation for the proposed partial acquisition including affected improvements and severance damages was estimated by the Sales Comparison Approach to value at $8,500 (rounded) with the highway commercial unit land value of $355,885 per acre. Subsequently, an MOA was completed on January 30, 2026, updating the Temporary Construction Easement (TCE) interests to reflect a change in project schedule.
Since then, it was determined by the Caltrans Design team that the Temporary Construction Easement (TEC) will change to a Permit To Enter and Construct (PTEC). The proposed removal of the Temporary Construction Easement (Parcel 17875-2) is shown on the attached Right of Way Appraisal Map 1E980- 01 Revised 1/30/2026.
Based on the above, changes to the amount of just compensation to exclude the Temporary Construction Easement are as follows:
195
NANCY QUESADA
February 10, 2026
MOA Parcel 17875
“Provide a safe and reliable transportation network that serves all people and resects the environment.”
VALUE OF ACQUISITION ORIGINAL APPRAISAL
10/16/2025
MOA
02/10/2026
Land
17875-1 (E)
17875-2 (TCE)
$3,749.40
$4,790.13
Total Land: $8,539.53
$3749.40
$0.00
459sf x $8.17/sf x 100%
=$3,750.40
Total Land: $3,750.40
Improvements $0.00 $0.00
Damages & Benefits $0.00 $0.00
Just Compensation $8,539.53 $3,750.40
Rounded to $8,500.00 $3,800.00
Please update your records to show Just Compensation for the subject parcel 17875-1, at $3,800 (rounded) and the date of this MOA to serve as the new Date of Value.
GISSEL RAMOS
Associate Right of Way Agent
APPROVED:
MARYANN JACOBS
CURTIS BECHTOLD (ACTING)
Appraisal Branch Chief
District 10 Right of Way
GISSEL RAMOS
APPROVED:
MARYANN JACOBS
196
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO THE PURCHASE OF 08-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 3
The California Department of Transportation proposes to replace existing deteriorated pavement along State Route (SR) 152, from 0.3 miles west of Badger Flat Road to 0.2 miles east of San Luis Street. The project also includes the redesign of the intersection at I St and SR 152, installation of bike lanes, and upgrades to pedestrian facilities, drainage facilities, Transportation Management System (TMS) elements, roadway signs, signals, and guardrails in the Town of Los Banos, Merced County.
Your property located at 1301 W I Steet is within the project area and is also identified by your county assessor as Parcel No. 027-182-001.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the Department of Transportation purchases real property or an interest therein or each tenant owning improvements on said property be provided with at a minimum, a summary of the appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is a 459 sq. ft.
Highway Easement. The property being purchased comprises of Parcel 17875-1 and is described in the attached deed and outlined in green on the attached Right of Way Appraisal Map 1E980-03, Sheet No. 3 of 7.
4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Valuation Summary Statement and such amount:
a. Represents the full amount of the valuation of just compensation for the property to be purchased;
b. Is not less than the approved valuation of the fair market value of the property as improved;
197
EXHIBIT
SUMMARY STATEMENT RELATING TO THE PURCHASE OF 08-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN (Cont.) Page 2 of 3 c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance e for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the Department of Transportation.
5. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the Department will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions:
a. You, not the Department of Transportation (Department), must order the appraisal. Should you enter into a contract with the selected appraiser, the Department will not be a party to the contract;
b. The selected appraiser is licensed with the Bureau of Real Estate Appraisers (BREA), formerly known as the Office of Real Estate Appraisers; c. Appraisal cost reimbursement requests must be made in writing, and submitted to the Department of Transportation, Division of Right of Way, Attention: Melissa Myers, P.O. Box 2048, Stockton, California, 95201 within ninety (90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the Department of Transportation concurrent with submission of the Appraisal Cost Reimbursement Agreement. The costs must be reasonable and justifiable.
6. The owner of a business conducted on a property to be acquired or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the property owner's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the State’s offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation to the State of California of all or part of your interest in the real property sought to be acquired by 198
EXHIBIT
SUMMARY STATEMENT RELATING TO THE PURCHASE OF 08-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN (Cont.) Page 3 of 3 the Department of Transportation as set out in Streets and Highways Code Sections 104.2 and 104.12.
199
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CONFIDENTIAL EXHIBIT VALUATION SUMMARY STATEMENT This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
Dist. Co. Rte. P.M. Parcel No. Federal Aid
Project No. Date
10 MER 152 19.60 17875-1 N/A 02/13/2026
Owner: City of Los Banos Date Acquired: Over 5 years
Property Address: 1301 W I Street Property to be Acquired: Part ☒ All ☐ Locale: Los Banos
Total Property Area: .632 acres Including Access Rights: Yes ☐ No ☒
BASIS OF VALUATION
Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
Recent sales of comparable properties and income data are utilized as appropriate. Full consideration is given to zoning, development potential and the income the property is capable of producing.
BASIC PROPERTY DATA
Interest valued: Highway Easement
Date of valuation: 02/10/2026
Applicable zoning: Highway Commercial (HC)
Area to be acquired: Highway Easement - 459 sq. ft.
Highest and best use: Commercial
Current use: City Park
200
CONFIDENTIAL EXHIBIT
VALUATION SUMMARY STATEMENT (Cont.) This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
BASIS OF VALUATION
1. The Sales Comparison approach is based on the
consideration of comparable land and improved sales.
Indicated value by Sales Comparison Approach $ 8.1708 per sq. ft.
See attached sheet for principal transactions.
2. The cost approach is based in part on a replacement
cost new of improvements less depreciation. Cost
information was obtained from cost service publications and/or knowledgeable vendors.
Total Replacement Cost New $ N/A
Depreciation from all causes $ (N/A)
Value of Improvements in Place $ N/A
Land (estimated by direct sales comparison) $ N/A
Indicated value by Cost Approach $ 0.00
3. The income approach is based on an analysis of income and expenses to the property.
Overall Capitalization Rate N/A %
Net Operating Income $ N/A
Indicated value by Income Approach $ N/A
SUMMARY OF THE BASIS FOR JUST COMPENSATION
The sales comparison approach to value was used to appraise the land value of the larger parcel and acquisition since this approach is the most reliable indicator of the value of vacant land. There are no building improvements on the property that were affected by the acquisition; therefore, the cost approach was not utilized. The income approach to value was not applied as it is generally not used for the valuation of vacant land.
Because the State requires a partial acquisition of the subject, an analysis of damages and benefits to the remainder was made. There are no curable or incurable damages to the remainder as a result of the proposed project. Likewise, there are no benefits accruing to the remainder as a result of the construction of the project.
201
CONFIDENTIAL EXHIBIT
VALUATION SUMMARY STATEMENT (Cont.) This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
459. sq. ft. (E) x $8.1708 per sq. ft. x 100% =
$3,750.40
$ 3,750.40
Damages
Severance Damages: $ 0.00
Cost to Cure Damages: $ 0.00
Total Damages: $ 0.00
Benefits: $ 0.00
The amount of any other compensation: $ N/A
JUST COMPENSATION FOR ACQUISITION $ 3,750.40
Rounded To $ 3,800.00
Construction Contract Work $ 0.00
Value of the property being
acquired including the
following improvements:
Highway
Easement (E): $ 3,749.40
TCE: $ 0.00
Improvements: $ 0.00
202
CONFIDENTIAL EXHIBIT
VALUATION SUMMARY STATEMENT (Cont.) This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
LIST OF PRINCIPAL TRANSACTIONS – VACANT
ADDRESS: LS-4
APN: N/A
RECORDING DATE: 8/01/2023
SALE PRICE: 575,000
ADDRESS: LS-2
APN: N/A
RECORDING DATE: 02/14/2024
SALE PRICE: $500,000
ADDRESS: LS-3
APN: N/A
RECORDING DATE: 10/03/2023
SALE PRICE: 435,000
ADDRESS: LS-1
APN: N/A
RECORDING DATE: 06/03/2025
SALE PRICE: $155,000
203
CONFIDENTIAL EXHIBIT
VALUATION SUMMARY STATEMENT (Cont.) This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
AREAS WITHIN THE RIGHT OF WAY
Sub-parcel Area
Parcel 17875-1 459 sq. ft. Highway Easement
Total Area = 459 sq. ft.
IMPROVEMENTS WITHIN THE RIGHT OF WAY
Item Size
None N/A
Lump Sum Total = $0.00
204
CONFIDENTIAL EXHIBIT
VALUATION SUMMARY STATEMENT (Cont.) This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
COST TO CURE DAMAGE ITEMS
Item Size
None N/A
Lump Sum Total = $0.00
205
CONFIDENTIAL EXHIBIT
VALUATION SUMMARY STATEMENT (Cont.) This document contains personal information and pursuant to
Civil Code 1798.21, it shall be
kept confidential in order to
protect against unauthorized
disclosure.
08-EX-15C (REV 1/2024)
CONSTRUCTION CONTRACT WORK ITEMS
• None
206
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information,
and pursuant to Civil code 1798.21, it shall be
kept confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 08-03 (REV 04/2021)
Document No., Parcel 17875-1 in the form of a Highway Easement Deed covering the property particularly described in the above instrument has been executed and delivered to Melissa Myers, Right of Way Agent for the State of California.
1. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
A. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed improvement.
B. Grantee requires said property described in Document No. Parcel 17875-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property.
C. Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
2. The State shall pay the undersigned Grantor the sum of $4,800.00 for the property as conveyed by the above documents.
3. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights APN 027-182-001
District County Route P.M. E. A. Program Fed. Ref. Parcel 10 MER 152 19.60 10-1E980 SHOPP N/A 17875-1
Location: 1301 W I Street, Los Banos, California 93635
Date: 02/13/2026
Grantor: City of Los Banos
207
CONFIDENTIAL
This document contains personal information,
and pursuant to Civil code 1798.21, it shall be
kept confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
City of Los Banos
Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3.
4. Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
5. The State shall pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the State, the premium charged, therefore.
6. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District 10 Office, 1976 East. Dr. Martin Luther King Jr. Boulevard, Stockton, CA 95205 (Mailing Address: P.O. Box 2048, Stockton, CA 95201).
7. The undersigned Grantor warrants that they are the owners in fee simple of the property affected by this agreement and that they have the exclusive right to grant this agreement.
8. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2 herein are deposited into the escrow controlling this transaction.
The amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
9. In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in Clause 2 above includes the sum of $1,000.00 as an incentive to the Grantor for the timely signing of this Right of Way Contract. This payment offer expires sixty (60) days from the Initiation of Negotiations date of 2/13/2026.
10. State agrees to indemnify and hold harmless Grantor from any liability arising out of State’s operations under this agreement. State further agrees to assume 208
CONFIDENTIAL
This document contains personal information,
and pursuant to Civil code 1798.21, it shall be
kept confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
City of Los Banos
responsibility for any damages proximately caused by reason of the State’s operations under this agreement and State will, at its option, either repair or pay for such damage.
11. In consideration of the State’s waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenant and agree to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantors' obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract.
12. It is understood and agreed by and between the parties hereto that this agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representative, successors, and assignees. 209
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
CONTRACT SIGNATURE SHEET
DOT RW 8-5 (REV 09/2023)
City of Los Banos
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]..
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
City of Los Banos
BY: Dated:
Nirorn Than
City of Los Banos City Manager
RECOMMENDED FOR APPROVAL: APPROVED:
STATE OF CALIFORNIA
Department of Transportation
BY: BY:
Melissa Myers
Caltrans D10 Right of Way Agent
Acquisitions
Nancy Quesada
Caltrans D10 Branch Chief
Acquisitions
NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED 210
RECORDING REQUESTED
BY: STATE OF CALIFORNIA
When Recorded Mail To:
Department of Transportation
District 10 P.O. Box 2048
Stockton, CA 95201
ATTN: Right of Way Dept.
Exempt from fee per GC 27388.1 (a) (2) (D): Any
real Estate instrument, paper, or notice executed
or Recorded by the state or any county,
municipality, or Other political subdivision of the
State. Exempt from fee per GC 6103
Space above this line for Recorder’s Use
Revised - 17875-1_Deed Cover.docx 11/2025
EASEMENT DEED District County Route Postmile Number
HIGHWAY
APN: 027-182-001 (Partial) 10 MER 152 19.60 17875-1
City of Los Banos,
a corporation organized and existing under and by virtue of the laws of the State of California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, an easement for the right of way and incidents thereto for a public highway upon, over and across that real property in the City of Los Banos, County of Merced, State of California, described as follows:
See Exhibit A, attached.
For Tax Statements, please mail to:
California Department of Transportation
Attn: Right of Way, Property Management
P.O. Box 2048, Stockton, CA 95205
Documentary Transfer Tax: $__0.00_____
( ) Computed on full value of property conveyed
( ) Unincorporated area (x) City of Los Banos
(x) Recordation requested by California Department of
Transportation, a political Subdivision of the State of California, pursuant to Government Code Section 6103.
_______________________________________________
Signature of Agent Determining Tax
211